Delaware County Ohio Will Records Vol. 2 1835-1850

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 1)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 1)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 2)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 2)

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Mfg. by

UNITED BINDING CO.

194 EAST NINTH STREET

SAINT PAUL, MINNESOTA 55101

Phone 224-7578 Area Code 612

Specialist in Reconditioning of Valuable Records

SINCE 1919

Bound to Last
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 3)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 5)

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Bayly Thomas M. Authenticates copy of Will ~ 2 ~

Brown Fancher Will of --- --- 152

Barber Rhoda Decd. Will of --- --- 159

Bull William Decd. Will of --- --- 202

Benton Nathaniel decd. Ditto --- --- 212

Butler Thomas decd Will of --- --- 245

Brown Hiram JL decd Will of --- --- 255

Bidlack Philomen decd Will of --- --- 273

Brundige William " Ditto --- --- 282

Bockoven Elizabeth " Ditto --- --- 289

Barry Armstead M decd Authenticated Copy of Will304

Beackley John decd Will of --- --- 312

Bell William decd Will of --- --- 314

Bennett Henry decd will proven 330

Brown Benjamin S --- --- 372

Beach George --- --- 378

Bockoven Noe --- --- 400

Bumgartner John --- --- 423

Bigelow Alpheus decd Will of 434


A's are back of Z
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Canan Samuel R Will 393
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Clark William ~ Will of ~ 1 ~

Chamberlin Samuel ~ Will of ~ 14 ~

Clark Nathan ~ Will of ~ 54 ~

Carpenter Gilbert ~ Will of decd ~ 77 ~

Condit Simon ~ Will of ~ 81 ~

Cox Prior ~ Will of ~ 96 ~

Cooke Benajah ~ Will of decd ~ 99 ~

Croghan William ~ Ditto ~ 114 ~

Cowgill Ralph ~ Ditto ~ 120 ~

Cochran James ~ Ditto ~ 195 ~

Converse Abial decd ~ Ditto ~ 214 ~

Carr Amos decd ~ Ditto ~ 220 ~

Carter William decd ~ will copy of ~ 229 ~

Case Lorenzo decd ~ will of ~ 246 ~

Cooper Samuel decd ~ will of ~ 269 ~

Campbell James decd ~ Ditto ~ 275 ~

Crawford William Jr. decd ~ D. 288 ~

Case Milton S. decd ~ 316 ~

Case Lucius ~ will 359 ~

Carr Solomon ~ 361 ~

Cole Joseph D. 409

Chandler Phebe J. 351

Carpenter, Benjamin Will 432
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Dwinell Clark H. ~ will of ~ 56 ~

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Elizabeth Downing is located

on page 353.

Her will is not located in this

index.
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Davis Edward ~ Will of ~ 16 ~

Davenport Saml ~ authend copy of will ~ 46 ~

Davies Thomas ~ will of ~ ~ 75 ~

Davis Robert decd ~ will of decd ~ 83 ~

Dwinnel Clark H. will of decd. ~ 56 ~

Davies Evan decd. will of decd. ~ ~ ~ 167 ~

Drake Saml decd. will of ~ ~ ~ ~ 169 ~

Dean James decd will of decd ~ ~ ~ 179 ~

Dutton Isaac decd will of ~ 234

Darst Peter decd will of ~ 261

Dirst John decd will of ~ 271

Dilsaver Michael Do Do 412

Dennis Jacob Do Do 452

DeWolf James " 124
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Evans William W. ~ authenticated will of32 ~

Evans John decd will of decd ~ ~ 161 ~

Evans Major decd will of ~ 253

Eaton Stephen S. decd will of ~ ~ 298 ~

Earle Nathaniel will of ~ ~ 335 ~

Edgar William copy of will 387
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Gale William ~ will of ~ 13 ~

Garvin John ~ will of ~ 27 ~

Graves Austin ~ will of ~ 62 ~

Griffiths John ~ will of decd ~ 69 ~

Girst John B. ~ will of decd ~ 148 ~

Gorton Silas C. will of decd ~ 162 ~

Gregory Selah Ditto ~ 294 ~

Graves Bishop D. " 340
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Husted Esbon ~ will of ~ 7 ~

Hamlin Nathaniel ~ will of ~ 18 ~

Hough Sylvester ~ will of ~ 20 ~

Higbee Joseph ~ will of ~ 23 ~

Hess George will of decd ~ 66 ~

Hoskins Henry will of decd ~ 87 ~

Hurlbut Jacob ~ Ditto ~ 112 ~

Holbrook Baruck decd ~ will of decd ~ 164 ~

Hoskins John decd ~ will of ~ ~ 176 ~

Harris Theophilus decd ~ will,copy of~ 237

Heverlo Andrew decd ~ will copy of ~ 266

Hopkins Orin S. ~ ~~~ 365

Hanover John ~ ~~~ 382 ~

Heth Asa copy of will 389

Hinton William decd ~ 397
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Johnson Uriah decd will of decd ~ ~ ~ 105 ~

Jamison Robert decd ~ Ditto ~ ~ 146 ~

James Evan decd ~ Ditto ~ ~ ~ 184 ~

Jones John decd ~ Ditto ~ ~ ~ 217 ~

Jones Robert " ~ Ditto ~ ~ ~ 225 ~

Jackson Henry ~ Ditto ~ ~ ~ 297 ~

Jones Margaret decd ~ Ditto ~ ~ ~ 321 ~

Johns John B. 450
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Kooken James decd will of decd ~ ~ 107 ~

Kurtz Frederick decd will of ~ ~ ~ 315

Kelsey Rhoda " " ~ 358
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Landon James decd will of decd ~ ~ 85 ~

Lewis George, authend copy of will ~ ~ 93 ~

Lewis Robert decd will of decd ~ ~ 158 ~

Lodwig Thomas decd will of decd ~ ~ 181 ~

Lewis Thomas decd ~ will of decd ~ 243 ~

Lott Henry decd ~ will of decd 267 ~

Leonard Isaac decd will of decd ~ ~ ~ 285

Lewis Evan " Ditto ~ ~ ~ 291 ~

Lott Mary decd will of 331 ~

Long Conrad ~~~ 370 ~

Langworthy Jason Ditto 405

Lott John decd will of 427

Lamb Reuben " 458
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Minter John ~ will of ~ 9 ~

Moore Christopher ~ will of ~ 37 ~

McKear James will of decd ~ 79 ~

Milton John & Hannah E. wills of ~ 171 ~

Markel Ephraim decd ~ will of decd ~ 197 ~

Munroe Saml decd will of decd ~ ~ 222 ~

McClure William decd Ditto ~ ~ 226 ~

Markel John L " Ditto ~ ~ 227 ~

Miller Jacob decd Ditto ~ ~ 241

Morris Harry decd authend copy ~ ~ 263

Mason Stephen Thompson ~ Ditto ~ ~ 307 ~

McWilliams James decd will of decd ~ 318 ~

Mead Martin decd ~~~ ~~~~~ 363 ~

Morgan Barbary ~~~ ~~~~~ 376 ~

McNitt Adam ~~~ ~~~~~ 396

Miller Henry decd 417

Meeker Forrest Ditto 414 ~

McCutcheon James M decd will of 428

Morris John decd will of 421

McClune John Ditto " 448

McCune James decd will of 451
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North Caleb decd copy of will decd ~ ~ 186
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Oller John ~ will of ~ 59 ~

Osborn James ~ will of ~ 270 ~
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Perry Lewis. will of ~ 35 ~

Poor David J. authend copy of will ~ 50 ~

Pierce Alpheus Sr. decd will of decd ~ ~ 89 ~

Parker Peter decd ~ Ditto ~ ~ ~ 192 ~

Page Isaac decd ~ Ditto ~ ~ ~ 207 ~

Penry Walter decd ~ Ditto ~ ~ ~ 219 ~

Porter Rosannah decd ~ Ditto ~ ~ ~ 301 ~

Perry Mary will & c ~~~~~ 332 ~

Page William ~~~~~~~~~~~ ~~~~~~~~~~ 380 ~

Pool Joseph ~~~ ~~~~~ 422
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Randall Edward L ~ will of decd ~~~ ~~~ 104 ~

Roberts Jeremiah ~ will of decd ~~~ ~~~ 150 ~

Roberts James Sr ~ will of decd ~~~~~ 258 ~

Roush John decd ~~~ Ditto ~~~ ~~~ 279 ~

Royce Daniel decd Ditto ~~~ ~~ ~ 320
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Simmons Ephraim . will of ~~~ ~~~ 43 ~

Smart Joseph ~ will of ~~~ ~~~ 64

Smith Edith ~ will of decd ~~~ ~~~ 71 ~

Selden Joseph D ~ authentd. copy of will ~ 73 ~

Smith Silas ~ will of decd ~~~ ~~~ 108 ~

Smith Josiah M ~ will of decd ~~~ ~~~ 110 ~

Shoemaker Daniel ~ Ditto ~~~ ~~~ 193 ~

Smith Conrod ~~ Ditto ~~~ ~~~ 277 ~

Seigfried Jacob Decd Ditto ~~~ ~~~ 336 ~

Storm George Decd Ditto ~~~ ~~~ 324 ~

St John Sally Ann ~~~ 360

Sacket Milton H Do 411 ~

Singer Jacob T decd will of 430.

Shaw Louisa C decd " " 437.

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Trindle James Will of ~ ~~~ 39 ~

Tracy Benjn F decd ~ authend copy of will ~ 91 ~

Terrer William decd ~ will of decd ~~~ ~~~ 210 ~

Thurston Daniel G decd ~ will of decd ~~~ 235.

Thomas James decd Do.. ~~~ ~~~ ~~~284.

Tompkins Jotham ~~ ~~ ~~ 369 ~

Terrill Jahiel ~~~ ~~~ ~~~ 385 ~
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Willey Peter ~ Will of ~ 30 ~

Watkins Watkin ~ Will of ~~~~ 41 ~

Wolfe James D ~ Copy of will decd ~ 124 . see DeWolf ~

White John , Will of decd ~~~ ~~~ 190 ~

Worline Albright decd. Will of decd ~~~ 203 ~

Worline John deced will of decd ~~ 250 ~

Waters charles decd.. will of decd ~~ 252 ~

Wilson David decd.. will of decd ~~ 303 ~

Williams Anson dec will of 347

Williams John ~~~ ~~~ 366

Wilcox Jehiel ~~~ ~~~ ~~~ 394

White Simpson Do 408.

Watts John Do 402.

Williams Catharine Do 425

Welchous Anna Do 21

Williams John (Troy) 461
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Yager John decd will of. 260 ~
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State of Ohio, Delaware County SS ~

Delaware Court of Common Pleas. of the term of Nov..A.D. 1835.


Estate of William Clark.

On application, ordered that William

J. Norris & James Norris be admitted as security to the bond

given by the executrix in this case in the place of Benjn Olds &

Joseph Foreman who were accepted as such at our last term

and refuse to enter into said bond ~
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Will Record 2 1835 - 50

Adams John ~ Will of ~ 11 ~

Andrews Timothy decd Will of decd ~~~ 153 ~

Adams Rachael decd , Will of decd ~~~ 165 ~

Adams Samuel decd Will of decd ~ 248.

Andress Hiram " Ditto ~~~ 293 ~

Anway James Ditto 375


ROLL DATE

2 July 28, 1959

3 Aug 7, 1959
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1

Pleas held at the Court House in Delaware, on the 10th day

of June A.D. 1835. before the Hon. Joseph R. Swan, President &

William S. Drake, Hosea Williams & Ezra Griswold Esqr his associates,

Judges of The Court of Common Pleas, in & for the County of Dela

ware, in the State of Ohio~


This day the last will & testament of William Clark decd was

produced in open Court, & proved by the testimony of the subscribing

witnesses thereto as reduced to writing, approved & ordered to be recorded

and thereupon, on motion of Sarah Clark, the Executrix in said

will named. it is ordered, That letters testamentary be granted her upon

her entering into bonds in the sum of six hundred dollars, with

Benjamin Olds & Joseph Foreman as security~ And it is further

ordered, that Francis Clymer, Horace Rogers & Isaac Rogers appraise

the personal property of said estate~


In the name of God Amen~ I, William Clark of the County of

Delaware. & State of Ohio. being sick & weak in body. but of sound and

disposing mind & memory. & being desirous to settle my worldly af-

fairs, & thereby be the better prepared to leave this world, do therefore

make & publish, this my last will & testament in manner & form fol

lowing, that is to say ~ First, & principally: I commit my soul

into the hands of Almighty God, & my body to the earth to be decently

buried. at the discretion of my Executrix herein after named & after

my debts & funeral charges are paid. I give devise & bequeath as follows.

Item ~ I give devise & bequeath unto Sarah my dear wife, one

third part of all my estate both personal & real~ Item ~ I give

& bequeath unto my four youngest children Malvina, Watson Norris,

Madison Bailey & Matilda Bunker the sum of forty dollars to be paid

to them & each of them respectively. when they come to their respective

ages of eighteen & twenty one years or day of marriage which shall first

happen~ Item ~ I do hereby appoint & direct. that my dear

wife shall have, the guardianship & tuition of my children' during

their minority respectively, so long as she shall continue sole, & in

case of her death, or marriage during the minority of any of my children

then I appoint my oldest son Lorenzo Dow to take the guardian-

ship of my children during their minority, or the minority of any

of them~ Item ~ I give devise & bequeath unto my dear

children Lorenzo Dow, Jasper Wood, William Perry, Malvina, Watson

Norris, Madison Bailey & Matilda Bunker all the rest & residue of

my estate, both personal & real in equal portion share & share alike ~
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And lastly~ I do hereby constitute & appoint my dear wife Sarah Clark

to be sole executrix of this my last will & testament, revoking & annulling

all former wills by me heretofore made, ratifying & confirming this &

none other to be my last will & testament~ In testimony whereof,

I, William Clark have to this my will, consisting of one sheet of paper.

set my hand & seal. This 12th day of April A.D. 1835~

Signed, sealed, published & declared William Clark [Seal]

by William Clark The within &

above named testator, as & for his last will & testament, in the presence

of us, who at his request, & in his presence have subscribed our names

as witnesses thereto ~

Miles R. Payne~ Joseph Foreman~


State of Ohio, Deleware County, ss Personally appeared in open

Court, Miles R. Payne & Joseph Foreman who being duly sworn depose

& say, that on the 12th day of April 1835, they were called upon to witness &

subscribe the last will & testament of William Clark now exhibited to the

Court, that they subscribe the same at the request of said William Clark &

in his presence~ And that said Clark was of sound & disposing mind &

memory~ And that said Clark has since died without making any other

as they believe~ Joseph Foreman~

Miles R. Payne~

Sworn & subscribed, in open Court, June 10th 1835~

T. Reynolds Clerk~

Recorded the foregoing Will &c June 19th 1835~

Attest~ T Reynolds Clerk~

________________________________________________________________________


Pleas held at the Court. House. in Delaware. on the 10th day of

June A.D. 1835, before the Hon. Joseph R. Swan, President. & William S.

Dreke, Hosea Willliams & Ezra Griswold Esqr his associates, Judges of

the Court of Common Pleas, in & for the County of Delaware in the

State of Ohio~

On motion to the Court, by Wm Thomas, an

authenticated copy of the last will & testament of Thomas M. Bayly decd

late of the State of Virginia, is ordered to be admitted to record~


I, Thomas M. Bayly of Accomack County, State of Virginia, Attorney

at law, do make & ordain this to be my last will & testament in manner

and form following~ First~ I give, bequeath & devise unto my

beloved & affectionate wife Jane O. Bayly every sort of personal Estate
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3
whatsover which belonged to her, at the time of our marriage,

and which remains in my possession at the time of my death,

including, not only the slaves, but the children of the female slaves

which belonged to her, & which have been born since our marriage

to her & her heirs & assigns forever~ Secondly~ I give & bequeath

unto my beloved wife Jane O. Bayly during her natural life &

widowhood the following slaves & their increase, viz; the children

born of the females, Israel, Dinah & her children, Elzey & the chil-

dren of Mariam, viz; Sukey, Richard, William, Rachel, Henry & John,

& at the death or marriage of my wife, I give & bequeath them & their

increase to my Daughter, Jane Bayly to her & her heirs & assigns forever~

Thirdly~ I give unto my dear & beloved wife, to her & her heirs for

ever the plantation called The Vale in Scarborough's neck & which

formerly belonged to her father~ The above property real & personal

is bequeathed, given & devised unto my beloved wife, upon this express

condition, that she is to pay & exonerate my estate from a debt due

unto Robert Hadlock by me on bond being for the purchase of the

said plantation. But I direct, that the money due unto me on

extention of Lands of Samuel Coward's estate shall be applied to the

payment of the said debt to Robert Hadlock~ Fourthly~ All

that tract of land called Mount Custis Which includes the plantation

on which I live, & the plantation on which James Chandler lives &

all the horses & live stock of every kind & all the farming implements

of all sorts, I direct shall remain on it, for the term of five years, to

commence from the first day of January after my death, & the said

farm to be cultivated, & the profits & proceeds thereof to be applied

the support, education & maintenance of Thomas H. Bayly, A.D. Bayly,

Sally Bayly, Elizabeth W. Bayly & Margaret P. Bayly, the profits of

The Mount Custis tract on which I reside to be applied to the educating

& maintaining of my five children aforesaid for five years, but the

tract on which James Chandler resides, the profits for five years to

go to the payment of my debts~ Fifthly~ The plantation called

Marino, & the Mill & Mill lot & house, & all the horses, mules & stock & farm

ing utensils of every kind, & all the stills, still tubs, casks, stand tubs, barrels

hogheads, & every thing else relating to the making a crop of brandy or

grain, I direct shall remain & be carried on as it now is for five years

to commence from the first day of January after my decease & the

proceeds to go towards the payment of my debts~ Sixthly~ at the

end of five years from the first day of January after my death, I give

& devise to my son Thomas H. Bayly, The whole of my Mount Custis

Plantation being the land on which I now live, & the land on which
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4

James Chandler lives, to him & to his assigns, upon this express condition

that he shall sell in the whole or in part or parcell's, with installments

of five years, but all the installments to carry interest from the day of

sale provided he can obtain for the said land sixteen thousand dollars, but should

the land sell for more than the sixteen thousand dollars the whole proceeds of sale

is to be equally divided between my four daughters viz; Anna, Sally, Elizabeth

& Margaret, but should my son Thomas not be able to sell my said plan

tation, then I give & devise it equally to be divided between my said four

daughters equally share & share alike to them & their heirs & assigns forever~

Seventhly~ After the expiration of five years from the first day of January

after my death, I give & devise to my dear & beloved wife Jane O. Bayly,

during her natural life or widowhood, my plantation called Marino,

The Mill & Mill tenement attached thereunto, & all the stills, casks, & all

articles & utensils on it, for the making of brandy or grain, & all the horses,

mules & live stock on it, & at her death or marriage, I give & devise the said

plantation, mill & mill lot, & the personal estate above mentioned in this clause to my

daughter Jane O. Bayly to her & her heirs & assigns forever~

Eighthly~ I give & devise to my son Thomas H. Bayly & his heirs & assigns

forever, ten thousand acres of my Ohio land his choice, excepting my houses

in lots in Chillicothe, but upon this express condition, that he complies with

my wishes & directions to the sale & conveyance of my Mount Custis tract

of land, but should he refuse or neglect to comply with my declarations aforesaid

as to my Mount Custis lands then I give & devise my Mount Custis lands equally

to my four daughters affd Ann, Sally, Elizabeth & Margaret; & I give & devise my ten

thousand acres of land aforesaid in Ohio; the first choice, to my beloved wife

during her life & then to my daughter Jane, to her & her heirs forever, but should

my wife marry then in that case the said tract of ten thousand acres is to go

immediately to my Daughter Jane and I do further direct & declare, that should

my son Thomas should not comply with my directions aforesd as to my Mount

Custis land, then he forfeits all the estate real & personal given to him heretofore

or hereafter in this will, & the estate so given to him, to be given, & I do hereby

devise & give the same to my daughter Jane Baily & her heirs forever~

Ninthly~ I give & bequeath to my son Thomas my Law books of every kind

my other books in my Library, Maps & Charts, I give equally to be divided

betwen my wife & five daughters~ Tenthly~ All my slaves not

give to my wife, I direct shall remain with my executors to carry on the

crop for five years aforesd but should any of them misbehave or act improperly

I do authorize & empower my Executrix & Excutor to make sale of such as so

misbehaves, & at the end of five years, I give & bequeath the said slaves & their

increase to be equally divided between my son Thomas & my five daughters~

Eleventh~ For the purpose of raising a fund for the payment of my debts

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 50)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 50)

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[page 50]

[corresponds to labeled page 5 of Will Records Vol. 2 - 1835-1850]


I direct my Executrix & Executor to sell any of my personal estate 5

which is wasting & not useful in the family, which they may think

best for the interest of my estate should be sold except my slaves, I also

direct, that all my spare crops shall be sold, except what my wife thinks

is necessary for the family support. I also direct & empower my Execu

trix & Executor to make sale upon such terms as my Executrix sees

proper, & at such times as she thinks best, my lot in Drummond Town,

my lands on Guilford called Fishers, my lands on Wallop's road called

Emmerson's & all my lands not given & devised in this will, all my

houses & lots in Chillicothe, all the remainder of my lands in Ohio

except the ten thousand acres devised before & my tract of land in the

State of Illinois~ Twelfth~ The Boy, William P. Bayly,

I direct shall have no part or parcel of my Estate, but that he shall

be kept to an English school, at the expense of my estate until he is

twelve years of age & bound out by my son Thomas to a Mechanical or

manufacturing trade in the State of Massachusetts~ Thirteenth~

I give to my wife all my pictures & such other furniture at my

house at Mount Custis as she wishes to take the use of the family~

Fourteenth~ All the rest & remainder of my Estate of every kind what

soever, real & personal, I give equally between my wife, son Thomas & five daughters.

Fifteenth. I appoint my wife Guardian to my son Thomas & five daughters~

Sixteenth~ I do nominate & appoint my beloved wife Jane O. Bayly &

my son Thomas H. Bayly, Executrix & Executor of this my last will &

testament, & I direct that they shall give no bond for the Executorship,

no make any appraisment without they see proper so to do~ In

Witness whereof, I do hereunto set my hand, & affix my seal this 9th

day of March 1828~ All of which is written in my own hand & needs

no witnesses~ Thomas M. Bayly~ [Seal]


At a court held for the County of Accomack, at the Court-

House thereof, on Monday the 27th day of January 1834, this paper pur

porting to be the last will & testament of Thom M. Baily decd was

presented in Court, by Jane O. Bayly the widow of sd Thomas O. Bayly

in an envelope sealed up & endorsed "Thomas M. Bayly's Will" & Then

being no subscribing witnesses to said will, Thomas R. Joynes, John G.

Joynes & George P. Scarburgh - made both, that they were well acquaint

ed with the hand writing of the said Thomas M. Bayly, having fre

quently seen him write, & that they believe that the whole of the

said will & the signature of the name of Thomas M. Bayly thereto

& also the endorsement "Thomas M. Bayly's will" on the envelope to

be wholly in the hand writing of the said Thomas M. Bayly, & the said

will is thereupon considered to be sufficiently proved, & is ordered to be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 51)

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Description

[page 51]

[corresponds to labeled page 6 of Will Records Vol. 2 - 1835-1850]


6

recorded, & the said Thomas M. Bayly having directed, that the Executors

named in said will, shall give no security for such Executorship~ On

motion of Jane O. Bayly, & Thomas H. Bayly, Executrix & Executor there

in named, who themselves entered into Bond in the penalty of two

hundred thousand dollars without security, conditioned according to law,

& who took the oath prescribed by law, certificate is granted the said Jane

O. Bayly & Thomas H. Bayly for obtaining a probate thereof in due form~

Testi~ Tho. R. Joynes C.A.C~

A true Copy~ Testi~ Tho. R. Joynes C.A.C~


State of Virginia, Accomack County, ss~ I, Thomas R. Joynes Clerk

of the County Court of Accomack, in the state aforesaid, do hereby, certify,

that the foregoing Will & probate is truly copied from the records of the

said court~ In testimony whereof, I have hereunto set my hand

{Seal} & affixed the seal of said Court, this Thirty first day of May 1834, &

in the 58th year of the Commonwealth~ Tho. R. Joynes C.A.C.~


State of Virginia, Accomack County, to wit~ I, William Parramon

Senr presiding justice of the Court of Accomack, in the State aforesaid

do hereby certify, that the attestation hereto annexed, made by Thomas

R. Joynes Clerk of the said Court, is in due form, & by the proper

officer appointed by the laws of the said State for that purpose, & that

full faith & credit is due thereto, in every Court or office in the United

States~ Given under my hand, at the County of Accomack in the

State of Virginia aforesaid, this thirty first day of May in the year

of our Lord, Anno Domini, One thousand eight hundred & thirty four &

of the Independence of the United States The fifty eighth~

William Parramon Ser ~~

State of Virginia, Accomack County, to wit~ I, Thomas R. Joynes Clerk

of the County Court of Accomack in the State aforesaid, do hereby certify

that William Parramore Senr whose certificate is hereto annexed, is

presiding justice of the Court of the said County of Accomack, in the

State of Virginia, duly commissioned & qualified to the said office

according to the Constitution & laws of the said State~ Given

[seal} under my hand, & the seal of my office, this 31st day of

May 1834, & in the 58th year of the Commonwealth~

Tho. R. Joynes C.A.C.

Recorded the foregoing authenticated copy of will June 20th 1835.

Attest. T. Reynolds Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 52)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 52)

Description

[page 52]

[corresponds to labeled page 7 of Will Records Vol. 2 - 1835-1850]


7
Pleas held at the Court House in Delaware, on the 12th day of June A.D,

1835. before the Honr Joseph R. Swan, President. & William S. Drake, Hosea

Williams & Ezra Griswold Esqre his associates, Judges of the Court of Com

mon Pleas, in & for the County of Delaware, in the State of Ohio~


This day the last will & testament of Esbon Husted decd was produced in

Open Court, & proved by the testimony of S. Finch & Forrest Meeker Jr. two of

the subscribing witnesses thereto as reduced to writing, approved & ordered

to be recorded~ And thereupon on motion of Sardis Birchard and

Sylvester Latimer the Executors in said Will named, it is ordered, that

letters testamentary be granted them, on their entering into bonds in

the sum of twenty thousand dollars with William Little & Forrest

Meeker Served as security~ And it is further ordered, that Thomas

Wasson, Anthony Walker & Samuel Rheem appraise the personal

property of said estate~


I, Esbon Husted, of Delaware, Ohio do make & publish this my last will &

testament in manner & form following, to wit~ 1st It is my will that

my funeral expenses & all my just debts be fully paid~ 2d I give &

devise to my wife Clarissa three hundred dollars for the support of herself &

our children for one year from & after my decease~ I, also, give & devise unto

my wife Clarissa absolutely all of my household furniture, farming utensils,

cattle, horses, sleigh, waggon & harness ect~ 3d I give, devise & bequeath

unto my wife clarissa one third of all my remaining property during her

natural life, & it is my will that at her death, it be equally divided among

my children or the survivor, or survivors of them~ 4th It is my

will, that my wife Clarissa build a comfortable & convenient house on

the West half of In lot sixty two in the town of Delaware O. out of the

property herein devised to her, as soon after my decease as convenient, for

a dwelling house for herself & my children, & I hereby devise to her for

that purpose said half lot, during her life & remainder to my children~

5th I, give & devise to my three children Highland, Eunice & Esbon

the remaining two thirds of my property personal & real, not otherwise

herein before disposed of, & it is my will, that my executors herein after

named, shall invest, that portion of the last named two thirds of my

estate, which consists of personal property in such stock or stocks as my

executors shall think best~ The dividends arising from the same to be

also invested in stock as they shall accrue except such portions of said

dividends, or stock as may be required to support & educate my children

as hereinafter provided, & it is my will, that my wife Clarissa have the

care & guardianship of my children for the purpose of bringing up &
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 53)

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[page 53]

[corresponds to labeled page 8 of Will Records Vol. 2 - 1835-1850]


8

educating them, & that my executors pay to her for that purpose two

hundred dollars per annum out of the personal property herein

devised to my children, commencing one year from my decease, and

continuing till my eldest son shall be fitted for college, & that then my

executors out of the same fund appropriate to the purpose of finishing

his education, at such college as my wife & executors shall think best, six

hundred & fifty dollars, & from the time, that my eldest son Highland

commences his collegiate education till my daughter Eunice shall arrive

at the age of fifteen years, it is my will, that, my executors out of the

same fund pay to my wife one hundred & thirty three dollars annually

for the support & education of my said daughter Eunice & my son Esbon

& that then my executors appropriate three hundred dollars out of the

same fund for finishing the education of my said daughter at such

school or seminary as my wife & executors shall think best, & that from the time that

my said daughter, shall arrive at the age of fifteen years till my youngest

son Esbon shall be fitted for college, it is my will, that my executors pay

to my wife for the support & education of my said youngest son sixty seven

dollars annually, & that then my executors, appropriate from the same

fund six hundred & fifty dollars for the purpose of defraying the expenses

of a collegiate education of my said son Esbon in the same manner

as I have provided for my eldest son~ 6th It is my will, that

all my property herein devised to my children, after such appropriations

as are herein before provided for have been deducted, be equally divided

among my said three children, as they shall respectively come of age~

7th It is my will, in case all my children should die before any of them

should arrive at the age of Majority, & before any of them should have lawful

issue, that my wife Clarissa should have half of all my property to her

self & heirs forever, & out of the remaining half I will that the children of my

wife's brother's & sister's shall have each one hundred dollars & the remain

der of said half, I will to be divided into two equal portions, the one of

which to be appropriated towards the support of a classical school in

Delaware O. under the direction & control of the Episcopal Clergyman

of said town for the time being, & the other to the support of similar

school in Lower Sandusky O. under the direction & control of the

Presbyterian Clergyman in said last named town~ And lastly,

I, hereby constitute & appoint Sardis Birchard of Lower Sandusky and

Sylvester Latimer of Delaware to be the executors of this my last will &

testament revoking & annulling all former wills by me made and

ratifying this & no other to be my last will & testament~ In testimony

whereof, I have hereunto set my hand & seal, this 20 day of May 1835~

Signed, published & declared by the Esbon Husted [Seal]

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 54)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 54)

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[corresponds to labeled page 9 of Will Records Vol. 2 - 1835-1850]


9

above named Esbon Husted, as & for his last will & testament, in

presence of us, who at his request have signed as witnesses to the same

S. Finch~ James Westerfield~

Forrest Meeker Jr.~

State of Ohio, Delaware County, Ss~

S. Finch & Forrest Meeker Jr. being duly sworn depose & say that the

attached will & testament was signed & sealed in their presence & that

they in his presence, & at his desire signed the same as witnesses, &

further say, that the testator Esbon Husted did in their hearing

declare the said instrument to be his last will & testament~

S. Finch~

F. Meeker Jr.~

Subscribed & sworn to in Open Court, June 12th 1835~

T. Reynolds Clerk~

Recorded the foregoing will ect. June 22d 1835~

Attest~ T. Reynolds Clerk~



Pleas held at the Court-House in Delaware, on the 16th day

of June A.D. 1835, before the Honr Joseph R. Swan, President &

William S. Drake, Hosea Williams & Ezra Griswold Esqr his Associates

Judges of the Court of Common Pleas, in & for the County of

Delaware, in the State of Ohio~

This day the last will &

testament of John Minter decd was produced in Open Court & proved

by the testimony of William Little & Solomon Smith two of the sub-

scribing witnesses thereto, together with that of Leonard H. Cowles, as

reduced to writing, approved & ordered to be recorded~ And thereupon

on motion of Lucy Wasson, late Lucy Minter, one of the executrix

is in said Will named (the other executrix named residing without

the state) It is ordered, that letters testamentary be granted her, upon

her & her husband William Wasson entering into bonds in the sum

of five hundred dollars, with Thomas Wasson & John F. Dunlap

as security~ And it is further ordered, that James R. McKinnie

William Boyd, & John N. Cox appraise the personal property of

said estate~


I, John Minter of the Township of Radnor in the County of

Delaware in the State of Ohio, now in good health of body & of

sound mind & memory being desirous of settling my worldly~

affairs while I have strength & capacity, do make & publish this my

last will & testament. In the first place my will is that all
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 55)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 55)

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[page 55]

[corresponds to labeled page 10 of Will Records Vol. 2 - 1835-1850]


10

my just debts be speedily paid Secondly, Sarah McCollum,

William Minter, John Minter, Valentine Minter, Mary Armstrong, &

Effie Dildim all children & lawful heirs, having received their full

shares & separate portions in advancement, my will is, & accordingly

I give & bequeath to Elizabeth Minter, Peggy Minter, Lucy Minter &

Nancy Minter my four remaining children & lawful heirs being un

provided for, all the property which I shall die possessed of, it being personal

property, to have & to enjoy immediately after my decease of my wife,

should she survive me, to be equally divided between them in the

manner following, to wit; each of them is to take to themselves, their

beds, saddles & other articles which they have acquired for themselves and

claim as their own property, the ballance of the property is to be appraised

& divided by three judicious & disinterested men to be selected & agreed upon

by the four, equally between them, or to be put to sale, & the avails thereof

to be divided equally betwen them as my executors herein after named,

shall think proper~ Thirdly, my will is, that Nancy my

youngest daughter being unfortunate & incapable of managing for

herself, Lucy shall receive her share which shall belong to the said

Nancy & hold the same, for the sole use & benefit of her the said Nancy

for her support & maintenance~ Fourthly~ I have nominated &

appointed, & by these presents, do nominate & appoint my two daughters

Peggy & Lucy executors of this my last will & testament~ In witness

whereof, I, John Minter have hereunto set my hand & seal, this fourteenth

day of April in the year of our Lord, one thousand eight hundred and

twenty seven~

Signed, sealed, published & declared by the John Minter {Seal}

above named, John Minter to be his

last will & testament in the presence of us, who have subscribed our

names as witnesses, in the presence of the testator~

Nancy Cowles~ William Little~

Solomon Smith~

State of Ohio, Delaware County, Ss~

On this 16th day of June 1835, personally appeared in Open Court of

Delaware Com. Pleas, William Little, who being sworn made solemn

oath, that the instrument hereto attached purporting to be the will of

John Minter, was duly executed by said Minter on or about the date

thereof.~ That said Minter was at the time of executing the same

of full age, of sound mind & memory; nor was he as deponent believes under

any restraint~ said will was executed in my presence, & I subscribe in presence

of said testator~ Wm Little~

Subscribed & sworn to in Open Court~ T. Reynolds Clerk~.

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 56)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 56)

Description

[page 56]

[corresponds to labeled page 11 of Will Records Vol. 2 - 1835-1850]


11

State of Ohio, Delaware County, Ss~ Personally appeared also in

Open Court, Solomon Smith & makes solemn oath, that he subscribed

said will as a witness, but has forgotten further circumstances~

Solomon smith~

Subscribed & sworn to in Open Court~

T. Reynolds Clerk~

State of Ohio, Delaware County~ Personally appeared in Open Court,

Leonard H. Cowles, who being sworn in relation to the will of John

Minter hereto attached, makes oath, that he wrote said will for said

Minter, that said will was signed by said Minter in his presence and

acknowledged to be his signature in the presence of William Little,

Solomon Smith & Nancy Cowles, the attesting witnesses~

Leonard H. Cowles~

Subscribed & sworn to in Open Court,

June 16th 1835~ T. Reynolds Clerk~


Recorded the foregoing Will &c June 23d 1835~

Attest~ T. Reynolds Clerk~


Pleas held, at the Court-House in Delaware, on the 9th day

of November A.D. 1835, before the Honr Joseph R. Swan,

President, & William S. Drake, Hosea Williams & Ezra

Griswold Esqrs his Associates Judges of the Court of Common

Pleas, in & for the County of Delaware, in the State of

Ohio~

This day the last will & testament of John Adams

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing,

approved & ordered to be recorded. And thereupon on motion

of Hannah Adams & Silas Adams the executors in said will

named, it is ordered that letters testamentary be granted them

upon their entering into bonds in the sum of one thou

sand dollars, with John Budd Jr. & John Adams 2d as

security~ And it is further ordered, that Harlow Allen,

William Larned & Daniel Bennet appraise the personal

property of said estate.

In the name of God; Amen~

I, John Adams of Harlem township, Delaware County &

State of Ohio, do make & publish this my last will & testa

ment in manner & form following, that is to say~ First~

It is my will, that my funeral expences & all my just debt

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 57)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 57)

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[page 57]

[corresponds to labeled page 12 of Will Records Vol. 2 - 1835-1850]


12

be fully paid~ Second, I give & bequeath to my beloved wife

Hannah Adams the use & benefit of the one third part of all

my estate both real & personal during her natural life, &

I also give & bequeath to her all my Household furniture

now in my possession.

Third, I give & bequeath to my eldest son Silas Adams the

farm on which my Mother, Elizabeth Adams now resides,

& it is my wish to request, that he my said son Silas shall take

care of & provided for my said Mother during her natural life~

Fourth~ I give & bequeath to my two sons George Adams &

John Quincy Adams the farm whereon I now reside to be

equally divided betwen them. The rest & residue of my

personal property, I wish to have divided among my five

daughters (viz) Polly Adams, Betsy Ann Adams, Lucy Adams

Margery Ann Adams & Evoline Adams in manner fol

lowing, to wit; I wish after giving each of my four younger

daughters the same amount as near as can be, that my eldest

daughter Polly has already received, then I wish to have the

remainder equally divided among the five before mentioned~

And lastly, I hereby constitute & appoint my said Wife, Hannah

Adams, & my said son Silas Adams to be the Executors of this

my last will & testament~ In testimony whereof, I have

hereunto set my hand & seal this first day of September one

thousand eight hundred & thirty five~ his

Signed, published & declared by the John X Adams {Seal}

above named John Adams as & mark

for his last will & testament in presence of us, who at his request

have signed as witnesses to the same~

John Adams 2d~ Wm Learned~ John Budd Jr~

State of Ohio, Delaware County Ss

Personally appeared in open Court, John Adams, John Budd

Jr. & William Learned, who being duly sworn depose & say that

the testator in their presence & that they were called to witness

the same; that they signed it as witnesses, in the presence of

the testator, & in the presence of each other; that the testator

at the time of executing the same was at the least of the age

of forty years, that he was of sound mind & memory, &

that he was under no restraint~ John Adams 2d

Subscribed & sworn to in open Court, John Budd Jr.

on Novr 9th 1835~ T. Reynolds Clerk~ Wm Learned~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 58)

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Description

[page 58]

[corresponds to labeled page 13 of Will Records Vol. 2 - 1835-1850]


13

Recorded the foregoing Will on Novr 18th 1835

Attest~ T. Reynolds Clerk~


Pleas held at the Court-House in Delaware, on the 9th

day of Nov A.D. 1835, before the Honr Joseph R. Swan. Presi

dent, & William S. Drake, Hosea Williams & Ezra Griswold

Esqrs his Associates, Judges of the Court of Common Pleas,

in & for the County of Delaware, in the State of Ohio~


This day the last will & testament of William Gale decd

was produced in Open Court, & proved by the testimony

of the subscribing witnesses thereto, as reduced to writing,

approved, & ordered to be recorded~ And thereupon, on motion

of Andrew Heron & Polly Gale the executors in said will

named, it is ordered, that letters testamentary be granted

them, upon their entering into bonds, in the sum of

$1500.00 with Thomas Perfect & Silas Ogden as security~

And it is further ordered, that John H. Doty, John Hanville

& Azzel Pierce appraise the personal property of said

estate~

In the manner of God; Amen~ I, William Gale

of the township of Trenton, County of Delaware & State

of Ohio, do make, publish & delcare this my last Will &

testament in manner & form following, viz: I commit

my body to the dust from whence it came, & my soul to

the mercy of God my Saviour. It is my will that

all my demands against others be collected, & all my debts

paid. It is my will that my wives Mother shall

have a comfortable support out of my estate as long as she

named Sibbel Orton shall live. It is my will that

thirty dollars be paid to my son David, though a minor

for his own use. It is my will further, that

my wife Polly be, & I hereby appoint her to be the guardi

an of my children, viz: of David the son of my 1st wife

Mahela & Emily children of my 2d wife, & Chloe the child

of herself, my 3d wife, & for the purpose of supporting

herself & her mother & for supporting

& educating my said children & in the room of dowry &

other allowances, to which by law she would otherwise be

entitled, it is my will that she my said wife Polly have

the use of all my real estate & the interest of all my person

al estate, & if necessary as much of the principal of said
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 59)

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[page 59]

[corresponds to labeled page 14 of Will Records Vol. 2 - 1835-1850]


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personal estate as said necessity shall require as long as she shall live,

& if she should die during the minority of my children, in that case

my will is, that my brother Richard shall succeed her in their guardian

ship, & if my said wife Polly shall die before her said mother Sibbel Orton

then so much of my estate as shall be necessary shall be retained to secure

her said mothers comfortable support during life, & the remainder equally

divided among my before mentioned children, & if any one of my

children should die before receiving his or her share, then said share

shall be paid to his or her heirs, if any there be, but if there be no heirs,

then said share shall be equally divided among my surviving children.

And if at the death of the aforesaid Sibbel Orton the sum retained for her

support shall not be all expended the remainder thereof shall be divided

among my children as above mentioned to them or to their heirs. and

further if any one of my said children shall become of age & my said

wife Polly should think it expedient so to do, she may pay to such

child any sum not exceeding the share of such child out of my estate~

And I make & ordain my wife Polly Gale executrix & Andrew Heron

of the township, county & state aforesaid executor of this my last will &

testament~ Given under my hand & seal this 13th day of Sept 1835~

in Trenton, Delaware County & State of Ohio~

Attested~ Thomas Perfect William Gale {Seal}

Reuben Perfect~

State of Ohio, Delaware County, Ss~

On this 9th day of Novr 1835, personally appeared in open Court,

Thomas Perfect & Reuben Perfect, who being duly sworn depose &

say, that the above mentioned instrument purporting to be the last

will & testament of William Gale was duly executed as it purports to

have been, by said william Gale, in our presence~ We saw the said

testator subscribe his name, at the time of the date thereof~ We

believe said testator was of sound mind & memory at the time of sub

scribing, of full age, & under no restraint~ Testator acknowledges said

will to be his last will & testament~ Thomas Perfect~

Reuben Perfect~

Subscribed, & sworn to in open Court,

Novr 9th 1835~ T. Reynolds Clerk~

Recorded the foregoing Will &c Novr 19th 1835~

Attest~ T. Reynolds Clerk~



Pleas held at the Court-House in Delaware, on the 9th day of Novr

A.D. 1835, before the Honr Joseph R. Swan, President, & William S.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 60)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 60)

Description

[page 60]

[corresponds to labeled page 15 of Will Records Vol. 2 - 1835-1850]


15

Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judg

es of the Court of Common Pleas, in & for the County of Dela

ware, in the State of Ohio~

This day the last will & testament of

Samuel Chamberlin decd was produced in open Court, & proved

by the testimony of the subscribing witnesses thereto as reduced to

writing, approved, & ordered to be recorded; and thereupon on motion

of Elizabeth Chamberlin the executrix in said Will named, it is

ordered that letters testamentary be granted her, upon her entering

into bonds in the sum of one thousand five hundred dollars, with

David Cook & Lester Bartlet as security~ And it is further ordered,

that Timothy Aldrich, Anson Wood & John W. Place appraise the

personal property of said estate~


I Samuel Chamberlin of the County of Delaware in the State

of Ohio, do make & publish this my last will & testament in man

ner & form following, that is to say~ First~ that my funeral

expences & just debts be fully paid. Second~ I give devise & bequeath

to my wife Elizabeth Chamberlin all my estate both real &

personal, except the legacies hereafter mentioned. Third, I give &

bequeath to my son Samuel Chamberlin one hundred & fifty

dollars in land, to be appraised by chosen men. Fourth, I give to

my son Timothy Chamberlin one hundred & fifty dollars in land

to be appraised by chosen men. Fifth, I give & bequeath to my

daughter Sarah Hodges one hundred & fifty dollars in land or

personal property, at the valuation of chosen men. Sixth, I

give & bequeath to Elizabeth Cowls, Rebecca Fobe, Mary Hodges,

Margaret Rogers & Lucy Cambeel one dollar each. And lastly,

I hereby constitute & appoint my said wife, Elizabeth Chamberlin

to be the executor for this my last will & testament by me made &

ratifying & confirming this & no other to be my last will & testament.

In testimony whereof, I have hereunto set my hand this 4th day of

September 1835~ Samuel Chamberlin~

Signed, published & declared by the above

named Samuel Chamberlin as & for his last will & testament in pres

ence of us, who at his request, have signed as witnesses to the same~

David Cook~ Lester Bartlett~

State of Ohio, Delaware County, Ss~

Personally appeared in open Court David Cook & Lester Bartlett,

who being duly sworn, depose & say, that the will hereto attached

was duly executed by Samuel Chamberlin the testator in their
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 61)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 61)

Description

[page 61]

[corresponds to labeled page 16 of Will Records Vol. 2 - 1835-1850]


16

presence~ that they were called to witness the same~ that they signed

it as witnesses in the presence of the Testator & in the presence of each

other~ that the Testator, at the time of excuting the same was of

the age of sixty four years, that he was of sound mind & memory, &

that he was under no restraint~ Lester Bartlett~

David Cook~

Subscribed & sworn to in open Court

Novr 9th 1835~ T. Reynolds Clerk~


Recorded the foregoing Will &c Novr 19th 1835~

Attest~ T. Reynolds Clerk~



Pleas held at the Court-House in Delaware, on the 15th day of

Novr A.D. 1835, before the Honr Joseph R. Swan, President, & William

S. Drake, Hosea Williams & Ezra Griswold Esqrs his Associates, Judges

of the Court of Common Pleas, in & for the County of Delaware, in

the State of Ohio~

This day the last will & testament of Edward

Davis was produced in open Court, together with the desposition

of James Osborn, one of the witnesses thereto, taken before Morgan

Williams Esqr one of the Justices of the Peace of this County, who

was appointed commissioner for that purpose, on account that

the said Osborn was unable to attend Court, in Consequence of sick

ness. And the Court having examined the report of the said

Morgan Williams, & the desposition of the said Osborn now on file,

are satisfied therewith. And David Cadwallader the other witness

to said Will having appeared in open Court, was examined under

oath & his testimony reduced to writing & now on file; the Court

on consideration thereof, do approve of the same, & order the said

Will & testimony to be recorded.


I, Edward Davis of the County of Delaware, in the State of Ohio,

do make & publish this my last will & testament in manner &

form following, that is to say:~ First, it is my will that my

funeral expences & all my just debts be fully paid. Second, I

give, & devise, & bequeath to my beloved wife Laura Davis the plan

tation on which we now reside, situate in Delaware township

Delaware County, State of Ohio, containing thirty five acres, &

all the live stock, Horses, Cows, Hogs &c by me now owned & kept

thereon, also all the Household furniture & other items not

particularly named or disposed ^of in this will, she however first
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 62)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 62)

Description

[page 62]

[corresponds to labeled page 17 of Will Records Vol. 2 - 1835-1850]


17

disposing of a sufficiency thereof to pay my just debts as

aforesaid. And lastly, I hereby constitute & appoint my

wife Laura Davis to be the executor for this my last will

& testament, revoking & annulling all former wills by me

made, & ratifying & confirming this & no other to be my

last will & testament. In testimony whereof, I have

hereunto set my hand & seal this 16th day of July in the

year of our Lord one thousand eight hundred & thirty

three. Signed published & declared Edward Davis {Seal}

by the above named Edward

Davis as & for his last will & testament, in presence of us,

who at his request have signed as witnesses to the same.

David Cadwalader~ James Osborn~


In the Court of Com. Pleas for Delaware County, No

vember Term 1835, I, David Cadwalader being duly

sworn in open Court, upon my oath say, that I am

one of the witnesses to the last will & testament of Edward

Davis hereto attached, dated July 16th A.D. 1833, that the said

will was signed by the said Edward Davis now deceased

on or about the date thereof, at his residence in this

County, in my presence, & in the presence of James

Osborn, the other witness thereto, & we the said witnesses

at his request, & in his presence signed our names to the

said will as witnesses thereto, the said Davis Decd at the

time of executing the said will was at least thirty two

years of age, & of sound mind & memory, & under no

restraint. That the ^said Davis, at the time aforesaid,

in the presence of the said witnesses published the said will

by us signed as aforesaid, as his last will & testament~

And further I say, that the said Edward Davis died

the next day, after publishing his said will as afore

said, at his residence aforesaid; & further say not~

David Cadwalader~

Subscribed 7 sworn to in open Court.

Novr 14th 1835~ T. Reynolds Clerk~

The State of Ohio, Delaware County, Ss~ Before me

Morgan Williams a Justice of the peace in & for said

County to whom a commission has issued by the Court

of Common Pleas of the said County to take the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 63)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 63)

Description

[page 63]

[corresponds to labeled page 18 of Will Records Vol. 2 - 1835-1850]


18

desposition of James Osborn a witness (to the last will of Edward

Davis decd) who is unable on account of sickness to attend

the said Court; personally appeared the said James Osborn

who was duly sworn, & upon his oath saith, that the paper

hereto attached is the will & testament of Edward Davis now

decd dated July 16th 1833, was duly published as his last will &

testament by the said Davis on or about the day & year last

aforesaid, that the same was then & there signed by the said

Davis in the presence of this deponent & David Cadwalader,

& by us in his presence, & in the presence of each other, & at

his request, signed the said will as witnesses thereto, that the

said Davis at that time was at least of the age of thirty two

years of sound mind & memory, & acting under no restraint~

and further says not. James Osborn~

Sworn & subscribed to this 14th day of November A.D. 1835.

Before me, Morgan Williams Justice of the Peace

& Commissioner.

Recorded the foregoing Will etc. Novr 19th 1835.

Attest, T. Reynolds Clerk.


Pleas held at the Court-House in Delaware on the 27th day of

February A.D. 1836, before the Honorable Joseph R. Swan, President

& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his

Associates, Judges of the Court of Common Pleas, in & for the County

of Delaware in the State of Ohio~

This day the last will & testament

of Nathaniel Hamlin decd was produced in open Court & proved

by the testimony of Joseph Smart & James Kooken the subscribing

witnesses thereto, as reduced to writing, approved & ordered to be record

ed~ And thereupon John Hamlin & George Bean the Executor

in said Will named refusing to act;~ On motion; It is ordered that

letters of administration with the will annexed be granted to James

Kooken, who is ordered to enter into bonds in the sum of four

hundred dollars with Benjamin Powers & Joseph Smart as security~

It is further ordered, that James Ligget, Amos Carr & William Smart

appraise the personal property of said Estate.


In the name of God. Amen~ I Nathaniel Hamlin of Scioto

Township, Delaware County & State of Ohio, being advanced in years

& weak in body, but sound in mind & memory, do make & ordain

this my last will & testament hereby revoking all others,
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 64)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 64)

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[page 64]

[corresponds to labeled page 19 of Will Records Vol. 2 - 1835-1850]


19

1st I will & bequeath to my beloved wife Hannah Hamlin the

dwelling house, that I now occupy, together with the furniture

therein /the Beauro excepted/ also a Cow & Calf, six sheep, also one

third of all that shall be raised on the farm. harvested & secured in the

barn or stack, so long as she shall remain my widow.

2d I will and bequeath unto my son, John Hamlin fifty acres of land,

the same that has been surveyed to him, & which he now occupies.

3d I will & bequeath unto my son, Nathaniel Hamlin fifty acres of land,

with all the improvements & appurtenances thereunto belonging, being the

same on which I now live & occupy, at the death or marriage of my

said wife, Hannah Hamlin.

4th It is my will that at a suitable time after my death all my

personal property not already bequeathed, shall be sold at public

vendue, & after my debts & funeral expences are paid the ballance

of the proceeds of the said sale together with all ready money & money

bills to be divided between my son Charles Hamlin & my daughter

Keziah Brooks late Keziah Hamlin, Seventy dollars thereof first being

paid to the aforesaid Keziah Brooks, then the ballance to be equally

divided between the said Charles & Keziah

5th And lastly. I do hereby nominate & appoint my son John Hamlin &

George Bean executors of this my last will & testament.

In testimony whereof, I have hereunto set my hand & seal this nine-

teenth day of June, one thousand eight hundred & thirty five.

Signed & sealed in our presence, & in the his

presence of each other, & in the presence Nathaniel X Hamlin {seal}

of the testator at his request. mark

Joseph Smart~ Jas Kooken~

State of Ohio, Delaware County; Ss~

Personally appeared in open Court, James Kooken & Joseph Smart who sever-

ally made oath in due form of law, that they were severally called upon

by Nathaniel Hamlin the testator, to witness this his last will & testament, the

subscribed the will here presented in our presence, & requested us to attest the

same as witnesses thereto. said Hamlin was at the time of sound and

disposing mind & memory, & has since died, our names were subscribed

at the time in the will mentioned. Jas Kooken~

Sworn & subscribed in open Court. Joseph Smart~

Feb. 27th 1836

T. Reynolds Clerk~

Recorded the foregoing will &c March 1st 1836~

Attest~ T. Reynolds Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 65)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 65)

Description

[page 65]

[corresponds to labeled page 20 of Will Records Vol. 2 - 1835-1850]


20

Pleas at a Special Court, held at the Court-House, in Delaware,

on the 4th day of April A.D. 1836, before the Honorable, Ezra Gris~

wold, John Brundige, & John Lubenbeel, Associate Judges of the

Court of Common Pleas, in & for the County of Delaware in the

State of Ohio.


This day the last will & testament of Sylvester

Hough deceased, was produced in Open Court, & proved by the

testimony of Elisha Newell & James C. Carter, two of the subscri-

bing witnesses thereto, as reduced to writing, approved & ordered to

be recorded; And thereupon, on motion of William Hough &

Orsamus C. Hough the executors in said Will named; It is ordered,

that letters testamentary be granted them, upon their entering

into bonds in the sum of three thousand dollars with Stephen

R. Bennett & Elisha Newell as security. And it is further

ordered, that Nathan Dustin, Elisha S. Carpenter & William

Williams appraise the personal property of said estate.


In the name of God. Amen. I Sylvester Hough of Genoa Town-

ship & County of Delaware, in the State of Ohio, being weak in

body, but of sound mind & memory, blessed be Almighty God, for

the same, do make & publish this as my last will & testament in

manner & form following /that is to say/: First, I give & bequeath

unto my beloved wife Sally Hough my dwelling house & barn for the

use of herself & a home for our unmarried children. Also two thirds

of all my land, so long as she shall remain my widow. I also

give & bequeath to my son Orsamus D. Hough a sum of equal

value with the price of land, I gave to my son William Hough,

on which his house now stands. And lastly, as to the rest, residue &

remainder of my real & personal estate, goods & chattels of what

kind & nature soever. I give & bequeath the same to all my children

in equal portions; and I hereby appoint my sons William &

Orsamus D. Hough, Executors of this my last will & testament.

In witness whereof, I have hereunto set my hand & seal this 27th

day of February, in the year of our Lord one thousand eight hundred

and thirty six.

Signed, sealed, published & declared by the Sylvester Hough {Seal}

above named Sylvester Hough, to be his

last will & testament, in the presence of us, who have hereunto

subscribed our names as witnesses in the presence of the testator~

Jas C. Carter~ Elisha Newell~

Lewis Badger~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 66)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 66)

Description

[page 66]

[corresponds to labeled page 21 of Will Records Vol. 2 - 1835-1850]


21

The State of Ohio, Delaware County :Ss. In the Court of

Common Pleas, at a Special Session April 4th 1836.

We the undersigned James C. Carter & Elisha Newell being

duly sworn in open Court, upon our oaths say that the paper

herewith produced, purporting to be the last will & testament

of Sylvester Hough decd dated the 27th day of February 1836.

was on the 28th day of February last, by the said Sylvester Hough

duly published as his last will & testament, & then in our presence

signed the same as such; and we in his presence, & in the

presence of each other, at his request signed our names thereto,

as witnesses. The said Hough at that time was at least of the

age of fifty years, of sound mind & memory, & acting under

no restraint, & further say not. Jas C. Carter~

Elisha Newell~

Subscribed & sworn to in Open Court,

April 4th 1836~

T. Reynolds, Clerk~

Recorded the foregoing Will &c April 4th 1836~

Attest T. Reynolds, Clerk~


Pleas held at the Court~ House, in Delaware, on the 26th day

of June A.D. 1836, before the Honorable Joseph R. Swan, President

& Ezra Griswold, John Brundige & John Lugenbeel Esqrs his

Associates, Judges of the Court of Common Pleas, in & for the

County of Delaware, in the State of Ohio.

This day the last will & testament of Ann Welchaunts decd

was produced in Open Court, & proved by the testimony of the

subscribing witnesses thereto, as reduced to writing approved &

ordered to be recorded. And thereupon on motion of Anthony

Walker the executor in said will named, it is ordered, that

letters of testamentary be granted him upon his entering into

bonds in the sum of two hundred dollars with Alexander

Kilbourn & Charles Sweetser as security. And it is further ordered

that Nathan Chester, John Moses & Edward Potter appraise

the personal property of said estate.


To all to whom these presents shall come, I Ann Welch-

aunts, the widow of the late Abraham Welchaunts of the

County of Delaware in the State of Ohio, of sound mind

& memory tho infirm in health from age & ability, do
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 67)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 67)

Description

[page 67]

[corresponds to labeled page 22 of Will Records Vol. 2 - 1835-1850]


22

make & publish this my last will & testament, to wit.

In the first place, My will is, that all my debts, my funeral

expences, & the expences of my last sickness be fully and

speedily paid.

Secondly, I will & bequeath to my son George Welchaunts all

my goods & chattels, my wearing apparel, beds & bedding, my

kitchen & all other furniture, & thirty dollars in cash due &

coming to me from my son Henry Welchaunts in Martins

burgh, in the state of Virginia.

Thirdly, I will & devise to my said son George Welchaunts

all my real estate, being a lot, I purchased of Silas C. Gorton

in the vicinity of Delaware on the South discribed as follows

viz; beginning one rod North from the South East Corner of

lot 17 in Range 19. Township 5. Section 4. United States Military

lands in Ohio, thence to run North on the Turnpike road

six rods, thence West twelve rods, thence South six rods, thence

East twelve rods to the place of beginning, with all the appur-

tenances & improvements to the + in any wise belonging

to his own use forever.

Fourthly, I do hereby appoint Anthony Walker my executor

of this my last will & testament.

In witness whereof, I have hereto set my + this 30th day

of Dec 1834. her

Signed by Mrs. Welchaunts, in our} Ann + Welchaunts

presence & the presence of each other} mark

Silas C. Gorton~ Amos Fuller~

Leonard H. Cowles~

The State of Ohio, Delaware Comn Pleas, June Term A.D. 1836

Personally came into Court, Amos Fuller of lawful age, who

deposes & says, that he was present, at the execution of the

last will & testament of Ann Welchaunts the 30th day of Dec.

A.D. 1834, that he was called into attest the execution of the same

& that he subscribed the same as witness in her presence & in

the presence of Silas C. Gorton & Leonard H. Cowles the other

subscribing witnesses, & he further deposes & says, that the said

Ann Welchaunts was at the time of sound mind & memory &

capable of making a judicious disposition of her property, & that

she signed said will by placing her mark of a cross to the same.

Amos Fuller~

Subscribed & sworn to in open Court, June 24th 1836~

T. Reynolds Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 68)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 68)

Description

[page 68]

[corresponds to labeled page 23 of Will Records Vol. 2 - 1835-1850]


23

Also personally came Silas C. Gorton, of full age & deposed &

said, that he was called in to attest the last will & testament of

Ann Welchaunts, late of Delaware County, deceased, & in the

presence of the said Ann, & Amos Fuller & Leonard H. Cowles he

subscribed the same as witness, the said Ann executed said will

by putting the mark of a cross to the same, & further that said

Ann at that time was of sound & disposing mind & memory.

Said will was dated the 30th day of Dec. 1834, & further saith not.

Silas C. Gorton~

Sworn & subscribed to in open Court~

June 24th 1836~ T. Reynolds Clerk~

Leonard H. Cowles came also, & deposed & says that he drew

the last will & testament of Mrs. Ann Welchaunts the 30th day of

Dec. 1834, at her request, that she was of sound mind & memory &

competent to dispose of her property with discretion, the said Ann

affixed her mark to the same with her own hand, & this deponent

attested the same as subscribing witness & further this deponent saith

this Leonard H. Cowles~

Sworn & subscribed in open Court

This 24th day of June 1836.

T. Reynolds Clerk~


Recorded the foregoing will ect June 28th 1836~

Attest T. Reynolds Clerk~


Pleas held at the Court-House in Delaware, on the 16th

day of May. A.D. 1837, before the Honorable Joseph R. Swan,

President & Ezra Griswold & John Lugeneel Esqrs two

of his associates, Judges of the Court of Common Pleas,

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

An authenticated Copy of

the Will of Joseph Higbee decd of the city of Trenton &

State of New Jersey, proved according to the laws of the

said state of New Jersey, relative to real property with

in this County, was presented by Mr Stanbery, in behalf

of the executors to such Will, and upon his motion, it

is ordered by the Court here, that the same be admitted

to record.

I Joseph Higbee of the City of Trenton and

State of New Jersey being weak in body but of sound
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 69)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 69)

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[page 69]

[corresponds to labeled page 24 of Will Records Vol. 2 - 1835-1850]


24

and disposing minding & memory & being desirous to settle my

worldly affairs, whilst I have strength & capacity so to do.

Do make and publish this my last will & testament, after

the payment of all my just debts and charges, I dispose

of my estate as follows. First I give and devise to my

wife Elizabeth L. Higbee the use, interest and enjoyment

of the whole of my personal property, and the rents, issues

and profits of the whole of my real estate, whatsoever

and wheresoever for and during the term of her natural

life, should she so long continues my widow. And after

the death of my said wife, or in case she should marry

again, then upon such marriage, I give and devise all

my estate real and personal of what nature or kind soever

and wheresoever situate to my children herein after menti-

-oned and to their heirs and assigned forever. That is to say

to all my children (except my eldest son Joseph Charles

Higbee who having already received what I consider

to be his fair proportion of my estate, is not to take a

distributive share under this will:) to be equally divided

among all my children (except as aforesaid) who shall be living

at the time of the death or marriage of my said wife such

division however in case of the death of my said wife shall

not be actually made untill the period of one year shall

have elapsed, after the happening of that event, nor there

unless required by a majority of the legatees. Second, In

case of the marriage of any of my said children before the

death of my said wife, then my executors shall be at liberty

are are hereby authorized to pay such child such sum

of money as ^to the said executors shall seem expedient and

proper. But no interest on such sum so said is to be charged

against them. But the principal sum of money so paid

shall be deducted from the share which such child would

be entitled to receive from my estate after the death or

marriage of my said wife. Third~ I do hereby nominate &

appoint my wife Elizabeth L. Higbee and my brother in law

Lawrence Lewis of the city of Philadelphia to be the execu

trix and executor of this my last will and testament.

And I do, hereby authorise the said Elizabeth L. Higbee and

Lawrence Lewis to lease out my real estate on ground

rent or otherwise, for a term or terms of years, and to

receive the rents, issues and profits for the use of
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 70)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 70)

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[page 70]

[corresponds to labeled page 25 of Will Records Vol. 2 - 1835-1850]


25

the said Elizabeth L. Higbee during her life, or so long as

she shall continue my widow, and I do further authorise

and empower the said Elizabeth L. Higbee and Lawrence

Lewis to sell and convey for such prices as they shall

deem proper, in fee simple, or for any less estate all or

any part of my real estate, and to make execute and deliver

to purchasers thereof good and sufficient deeds for the

same, and the proceeds of such sales or any part thereof

from time to time, and the interest accruing thereon to

invest in such stocks, or other good securities bearing

an interest, as to them shall seem expedient and proper

and the proceeds of such sale, or sales, and the interest thereon

or upon any investment thereof as aforesaid shall be

equally distributed among my children, except as afores-

aid in the manner above herein directed. Fourth~ It

is my will and I do further direct that as to all such

sums of money, that have been heretofore given to any

of my children or any charges or demands I have

against them or any of them, my executors shall make

no claim or demand against them or any of them for

the same. In witness whereof I the

said Joseph Higbee have hereunto set my hand and

seal this fourth day of December in the year of our Lord

one thousand eight hundred and twenty nine.

Signed, sealed, published & declared }

by the said Joseph Higbee as his } Joseph Higbee {LS.}

last Will & testament in the presence}

of us, who at his request, & in his }

presence, have hereunto subscribed our names as witnesses.

The word "are" in the second line of the second page

underlined before the execution hereof. Wm Halsted

Zac. Rossell

Phil Dickinson

State of New Jersey }

Hunterden County:ss } Zachariah Rossell, and Phil-

emon Dickinson two of the witnesses to the within will

being duly sworn according to law, did depose and say

that they and each of them saw Joseph Higbee the

Testator therein named, sign and seal the same, and

heard him publish, pronounce and declare the within

writing to be his last will and Testament; and that at the

doing thereof the said Testator was of sound and dispos-
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 71)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 71)

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[page 71]

[corresponds to labeled page 26 of Will Records Vol. 2 - 1835-1850]


26

ing mind and memory as far as these deponents know

and as they verily believe; and that William Halsted

the other subscribing witness was present at the same

time and signed his name as a witness to the said will

together with these deponents in the presence of the said

Testator Zac. Rossell

Sworn & subscribed, at Trenton in } Phil Dickinson

the County Hunterdon the eighth }

day of January A.D. 1830. before me. G. Maxwell Surgt.~

State of New. Jersey }

Hunterdon county Ss. } Elizabeth L. Higbee and Lawr~

ence Lewis the executors in the within last will and

testament named, being duly sworn according to law, did

depose and say that the within Instrument contained the

true last will and Testament of Joseph Higbee, late of

the City of Trenton, deceased, the testator therein named

so far as they know and as they verily believe, that

they will well and truly perform the same by paying

first the debts of the said deceased, and then the legacies

in the said testament specified, so far as the goods, chattles

and credits of the said deceased can thereunto extend, and

that they will make and exhibit into the surrogates office

of the County of Hunterdon a true and perfect Invent-

ory of all and singular the goods, chattles, and credits

of the said deceased, that have or shall come to their

knowledge or possession, or to the possession of any other

person or persons to their use, and render a just and

true account thereof, when thereunto lawfully required.

Sworn & subscribed at Trenton } Elizabeth L. Higbee

in the County of Hunterdon } Lawrence Lewis

This 8th day of January A.D. }

1830~ Before me G. Maxwell Surgt.~

State of New Jersey Ss~

I James D. Westcott, Secretary of the

State of New Jersey and Register of the Prerogative office

of said state, do hereby certify, that the annexed is a

true copy of the last Will and testament of Joseph

Higbee, late of the county of Hunterdon in said state

deceased, and also of the probate thereof as taken

from and compared with the original now rem-

aining on file in the said Prerogative office.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 72)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 72)

Description

[page 72]

[corresponds to unlabeled page 27 of Will Records Vol. 2 - 1835-1850]


27

In testimony whereof I have hereunto set

{Seal} my hand, and affixed the Prerogative seal,

at the City of Trenton, in said state, this fifth

day of December in the year of our Lord, one thousand

eight hundred and thirty-six- (1836)

James D. Westcott~

Recorded the foregoing authenticated copy of Will May 23d 1837~

Attest. Thos Reynolds. Clerk~


Pleas held at the Court House in Delaware, on the 18th

day of May A.D. 1837, before the Honorable Joseph R. Swan

President, and Ezra Griswold & John Lugenbeel Esqrs two

of his associates, Judges of the Court of Common Pleas

in and for the county of Delaware, in the State of Ohio.

This day the last Will & testament

of John Garvin, decd, was produced in open Court & proved

by the testimony of the subscribing witnesses thereto, as

reduced to writing, approved & ordered to be recorded. And

thereupon on motion of Thos M Garvin and John Garvin

the executors in said will named, by Mr. Powell their

Atty It is ordered, that letters testamentary be granted

them, upon their entering into bonds in the sum of

$1000.00 cts. with Waitman Willey and John Hazlett as

security. And it is further ordered that Almon Starks,

Jacob Rosecrans and Nicholas Manville appraise the

personal property of said estate.

In the name of God, Amen. I John

Garvin of the township of Porter, County of Delaware, in

the State of Ohio, do make and publish, this my last will

and testament in manner and form following that is

to say~ "First, It is my will that my funeral expenses

and all my just debts be fully paid. "Second, I give, devise,

and bequeath to my beloved wife Sarah Garvin in lieu of

her dower the plantation, on which we now reside, situate

in Porter township, Delaware County and State of Ohio in

township five, range sixteen, and Section three, containing

three hundred acres, during her natural life, and all

the live stock, Horses, Cattle, Sheep, Hogs ect by me now owned

and kept thereon, also all the Household furniture, and

other items not particularly named, and otherwise disposed

of in this will, during her natural life as aforesaid.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 73)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 73)

Description

[page 73]

[corresponds to labeled page 28 of Will Records Vol. 2 - 1835-1850]


She however first, disposing of a sufficiency thereof to pay

my just debts, as aforesaid, and at the death of my said

wife, all the property hereby devised or bequeathed to her

as aforesaid, or so much thereof as may then remain

unexpended to my six sons, and two daughters, and to

their heirs and assigns forever. "Third, I give and devise

to my eldest son Thomas M Garvin, the lot on the west

side of the creek, called and Known as big walnut, Creek

on which he now resides, containing Fifty-acres, to have

use of it, as long as his mother Sarah Garvin lives or until

Andrew B. Garvin comes of age. "Fourth, I give and devise

to my two sons, John Garvin and Conrad S. Garvin the use

of the above described plantation only the above described

fifty acres that Thomas M Garvin has the use of, so long

as they provide for my wife Sarah Garvin, and Keeps her

in the necessary comforts of life, so long as she may live.

the said John Garvin and Conrad S. Garvin to have all that

they can make on said farm after paying the expence

of the family. "Fifth, My fourth, fifth, and sixth sons

James H. Garvin, Robert Garvin, and Andrew B. Garvin,

my wish is to have them put to trades of their own choice

James H Garvin, next spring, and the other two boys Robert

Garvin, and Andrew B. Garvin when the come to the age

of fifteen or sixteen as circumstances will allow of and

admit. "Sixth, I give and devise to my two daughters, Mary

B. Garvin and Martha Garvin as long as the remain single

their living on the farm by their helping to take care of

the family. "Seventh, I give and devise all my property

that will or shall remain after the death of my wife Sarah

Garvin, and Andrew B Garvin comes of age not expended

to be sold to the best advantage, and divided equally amonst

my eight children equally, after giving my eldest son

Thomas M. Garvin, Two hundred and fifty-dollars for his

services to me after he was Twenty-one and before leaving

me. Also to my second son John Garvin Two-hundred and

fifty-dollars for his services to me after he was twenty

one, also to my daughter, Mary B. Garvin one hundred

and fifty dollars for her services after coming of age, to

them, their heirs and assigns forever. "Eighth, My

wish is that my three oldest sons, Thomas M Garvin, John

Garvin and Conrad S. Garvin, will give my daughter Mary

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 74)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 74)

Description

[page 74]

[corresponds to labeled page 29 of Will Records Vol. 2 - 1835-1850]


29

B. Garvin a decent out set for Keeping house. provided she

gets married, which shall be at the discretion of her

mother when married, and to be deducted out of her part

of the property, without intererst. when the division takes

place, and all the estate settled up. "Ninthly, That my

executors take good care of the farm, and let no timber go

to waste, without what is needed, to put the farm in repair

and Keep it repairs. And lastly I hereby, constitute and

appoint, my two oldest sons, Thomas M Garvin and John

Garvin to be the executors of this my last will and testament

revoking and annuling all other wills by me made and

ratifying and confirming this and no other, to be my last

will and testament. In testimony whereof I

have hereunto set my hand, and seal, this twenty-second

day of December 1836.

signed, published & declared by } John Garvin {seal}

the above named John Garvin }

as & for his last will & testament in presence of us, who at

his request, have signed as witnesses to the same~

Waitman Willey~ Sarah Shaver.

Robert McCutchan~

Delaware County: Ss In the Court of Common

Pleas. May Term 1837~

The undersigned, Waitman Willey, Sarah Shaver & Robert

McCutchan, in open Court being duly sworn upon their

oaths do say, that they are witnesses to the last Will and

testament of John Garvin. now produced in Court, bearin

-g date the 22d day of December 1836. That the said will

was signed by the said John Garvin now deceased at the

date thereof in our presence, at this residence in Porter

township, in the said County, that the said John Garvin

then and there in our presence published the same as

his last will and testament, and we in his presence &

in the presence of each other signed our names thereto as

witnesses, at his request. That the said John Garvin at

that time was of the age of about fifty-years, and of

sound mind and memory, and not under any restraint.

And we further say, that the said John Garvin after the

making the said will, to wit, about the 11th day of March last

died, and further say not. Robert McCutchan, Sarah Shaver

Sworn & subscribed to open Court this 18th day May 1837 Waitman Willey

T. Reynolds, Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 75)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 75)

Description

[page 75]

[corresponds to labeled page 30 of Will Records Vol. 2 - 1835-1850]


30

Recorded the foregoing Will &c. May 24th 1837~

Attest~ T. Reynolds Clerk~



Pleas held at the Court House in Delaware, on the 19th

day of May A.D. 1837. before the Honorable Joseph R. Swan

President, and Ezra Griswold & John Lugenbeel Esqrs two

of his associates, Judges of the Court of Common Pleas

in and for the County of Delaware, in the State of Ohio.

This day the last will and

testament of Peter Willey, decd, was produced in open Court

and proved, by the testimony of the subscribing witnesses

thereto as reduced to writing, approved and ordered to be

recorded I, Peter Willey

of the County of Delaware, in the State of Ohio, do make

and publish this my last will and testament in the

manner and form following, that is to say, "First, It

is my will that my funeral expences, and all my just

debts be fully paid. "Secondly, I give, devise, and bequeath

to my beloved wife, Ave Willey over and above her

dower, one mare, one Cow & heifer, two beds & bedding, one

Clock, Table, & Sugar Kettle. together with one dresser and

all the dresser or Kitchen furniture during her natural

life, and that at the death of my said wife, all the property

hereby devise or bequeathed to her as aforesaid, or so much

thereof as may then remain unexpended to my son George

and his heirs and assigns forever. "Thirdly, I give and

devise to my youngest son George Willey the farm on

which I now reside, containing twenty-six acres, and

one-hundred and six rods, be the same more or less, situate

in Troy township, Delaware County, Ohio. agreeable to the

bounds and butts, specified in a deed given by Henry Willey

and Elizabeth his wife to me, dated April 30th 1831. and

Recorded in the Recorder's office in the County aforesaid,

on the 9th of September of the year aforesaid. Also two

colts, one waggon and horse gears together with Sheep and

Hogs, and all other articles, and items, not particularly

named, and otherwise, disposed of in this will to him and

to his heirs, and assigns forever, he however first disposing

of a sufficiency thereof, to pay all my just debts as

aforesaid. "Fourthly, I give and devise to my son Henry

one dollar. "Fifthly, I give & devis to my son Thomas one dollar
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 76)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 76)

Description

[page 76]

[corresponds to labeled page 31 of Will Records Vol. 2 - 1835-1850]


31

"Sixthly, I give and devise to my son Samuel, one-dollar.

"Seventhly, I give & devise to my daugher Elizabeth, one. dollar.

"Eighthly, I give & devise to my daughter Catherine, one-dollar.

"Ninethly, I give & devise to my daughter Barbara, one. dollar.

"Tenthly, I give & devise to my daughter Christianna, one dollar.

"Eleventhly, I give & devise to my daughter Susan, one dollar.

"Twelthly, I give & devise to my daughter Margaret, one-dollar.

"Thirteenthly, I give & devise to my daughter Sarah, one-dollar.

And lastly I hereby constitute and appoint my son Henry

Willey to be the executor for this my last will and testament

revoking and annulling all former wills by me made and

ratifying and confirming this and no other to be my last

will and testament. In testimony

whereof, I hereunto set my hand and seal this 2d day

of February, in the year of our Lord, one thousand, eight

hundred & thirty-six.

Signed, published & declared by the } Peter Willey {seal}

above named Peter Willey as & for }

his last Will & testament in presence of us, who at his

request have signed as witnesses to the same~

James Davenport

Delaware County: Ss~ William P. Eagon

Court of Common Pleas May Term 1837~

We the subscribers, James Davenport, & Wm P. Eagon being

duly sworn in open Court, upon their oaths say that they

are witnesses to the last will & testament of Peter Willey

now produced in court, bearing date the 2d day of February

1836. that the said Will, was signed by the said Peter Willey

now decd, at the date thereof, in our presence at his residen

-ce in Troy- township, in the said County, that the said Peter

Willey then & there, in our presence published the same as

his last will and testament, and we in his presence, and

in the presence of each other, signed our names thereto

as witensses at his request. That the said Peter Willey

at the time was of the age of about Sixty-years, and

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

And we further say, that the said: Peter Willey, after the

making the said Will, to wit; about the 29th day of June last died &

further say not. James Davenport

Sworn & subscribed to in open } William P. Eagon~

Court this 19th day of May A.D. 1837~} T. Reynolds~ Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 77)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 77)

Description

[page 77]

[corresponds to labeled page 32 of Will Records Vol. 2 - 1835-1850]


32

Recorded the foregoing Will etc May 24th 1837~

Attest T. Reynolds Clerk~



Pleas held at the Court. House in Delaware, on the 15th

day of September A.D. 1837, before the Honorable Joseph

R. Swan, President & Ezra Griswold, John Brundige

& John Lugenbeel Esqrs his associates, Judges of the

Court of Common Pleas, in & for the County of Delaware,

in the State of Ohio.

This day an authenticated Copy of the

last will & testament of Wm W. Evans, late of Knox

County, in this State, having relation to real property

in this County, was presented by Mr. Fisher in behalf

of the executors to such will, and upon his motion it

is ordered by the Court here, that the same be admitted

to record. The State of Ohio, Knox County; Ss~

To all to whom these presents shall come, Greetings,

Whereas, at a Court of Common Pleas, held at

{seal} Mount Vernon, within & for the County of Knox,

& State of Ohio, before the President & Associate

Judges thereof, on the 17th day of October in the year of

our Lord, eighteen hundred and thirty-six. The last

Will & testament of Wm W. Evans deceased, was produ-

ced in Court proved & admitted to record /a certified

copy of said Will & proof is hereunto annexed/ And the

said deceased, having whilst living, & at the time of his

death, goods, chattels & credits within this State, by means

whereof the proving & registering said Will, & the grant-

ing of administration of all & singular the goods, chattels

and credits; and also the auditing, allowing & finally

adjusting & discharging the accounts thereof doth apper-

tain & belong to said Court. Therefore the administration

of all an singular, the goods, chattels & credits of the said

deceased, & all things in any way concerning his Will,

is granted unto Thomas Evans & Moses Powell the

executors in said Will named. They being first duly

sworn are hereby required well & faithfully to adminis-

ter the same, & to make & exhibit to said Court as true &

perfect inventory of all an singular the said goods, chat-

tels and credits; And also to render a just and true acc-

ount thereof, when thereunto required.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 78)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 78)

Description

[page 78]

[corresponds to labeled page 33 of Will Records Vol. 2 - 1835-1850]


33

In testimony whereof, we have caused the seal of our said

Court to be affixed to these presents, Witnesses. Ezra Dean

Esqr, President of our said Court, this 17th day of October

A.D. 1836. Alex Elliott Clerk~

Court of Common Pleas, Knox County, Ohio~

October Term. A.D. 1836~ Be it remembered, that on

this day the last Will & testament of Wm W. Evans, deceased,

was produced in Court, & Moses Powell & Byram Beers the

subscribing witnesses thereto being in open Court, duly sworn

and interrogated, depose, and say, that they saw the said

deceased sign the said Will, and heard him acknowledge

the same to be his last will & testament, and that in the

presence, & by the express direction of the testator, they signed

the same as witnesses. And the said witnesses being further

interrogated, state that the said testator, at the time of

signing the said Will, was of sound mind & memory, of

full age, and not under any restraint to the best of their

belief. Whereupon it appearing to the Court that said Will

was duly executed, it is ordered that letters testamentary

issue to Thomas Evans & Moses Powell the executors in

said Will named, upon their entering into bond in the

sum of Twelve hundred dollars, with Byram Beers and

James Holt who are approved of as bail, and it is further

ordered that the Clerk record said Will, and the proof above

taken; and it is further ordered by the Court that Benja-

min Jones, John George and David Reese, appraise the

personal estate of said deceased, thereupon the said Thomas

Evans, and Moses Powell, appeared in open Court, and were

duly sworn agreeably to law. Mary Evans, widow of the

said deceased, appeared in open Court and relinquished her

right to dower, & elected to take under the Will, which said

Will so proved and ordered to be recorded reads in the words

and figures following~ to wit~ "In the name of God. Amen.

I, William. W. Evans of Chester Township, Knox County, in

the State of Ohio, being weak in body but sound & disposing

mind, memory and understanding, do make and publish

this my last Will and testament in manner & form

following, that is to say~ "First~ It is my will that my

funeral expenses and all my just debts be fully paid.

"Second~ I give devise & bequeath to my beloved wife Mary

Evans in lieu of her dower, the Plantation on which we

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 79)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 79)

Description

[page 79]

[corresponds to page 34 of Will Records Vol. 2 - 1835-1850]


34

now reside, situate in Chester Township, Knox County &

State of Ohio, containing one hundred and twenty-five

acres, more particularly described in my deeds recorded

at Mount Vernon, during her natural life, and one third

part of all my personal property and money for her use

during her natural life, after all my just debts & funeral

expenses be first paid. "Third, I give and devise to my

son Thomas Evans the farm on which he now resides.

situate in Harmony Township, Delaware County, in

the State of Ohio, which I have deeded to to him in a

deed bearing date August eleventh A.D. 1836 and I con-

sider to be his full share of all my real & personal prop-

erty. "Fourth, I give and bequeath to my son Benjamin

Evans the Plantation on which we now reside, containing

one hundred and twenty five acres as described above

after the death of my beloved wife Mary Evans, he how-

ever to pay my daughter Catherine Evans one hundred

dollars when he arrives to the age of twenty two years,

and one hundred dollars to my daughter Juliann

Evans when he arrives to the age of Twenty three years.

"Fifth, I give and bequeath to my daughter Mary Howard,

Elizabeth Salisbury, Rachel Hayden, Hannah Mere-

dith, Katharine Evans, & Juliann Evans the remaining

two thirds of all my personal property & money, and

also my interest in an undivided tract of land in

partnership with Joseph Morris containing in all

eighty acres lying in Harmony township, Delaware

County and State of Ohio, each to have an equal share

except that my beloved wife Mary Evans is to have an

equal share with my daughters in the last described

tract of land. And lastly I hereby constitute and app-

oint my said son Thomas Evans and Moses Powell to

be the Executors of this my last Will and testament

revoking and annulling all former Wills by me made

and ratifying and confirming this and no other to

be~ last Will and testament. In testimony whereof

I have hereunto set my hand and seal this eleven-

th day of August A.D. 1836. William W $ (his mark) Evans

Signed, published and declared by the above named

William W. Evans as and for his last Will and Testament

in presence of us who at his request have signed as

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 80)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 80)

Description

[page 80]

[corresponds to labeled page 35 of Will Records Vol. 2 - 1835-1850]


35

witnesses to the same. Moses Powell, Byram Beers~

The Seal of Ohio, Knox County; Ss~

{seal} I hereby certify the foregoing to be a true copy

of the last will & testament of Wm W. Evans, deceased

now on file in my office and recorded in Record of Wills

Book A, page 286 Ss. ect~ In testimony whereof I have

hereunto subscribed my name, and affixed my seal

of office, at Mount Vernon, this 16th day of January 1837~

Alexr Elliott, Clerk~

Recorded the foregoing authenticated Copy of Will. Septr 21st 1837~

Attest~ T. Reynolds, Clerk~


Pleas held at the Court House in Delaware, on the 16th day

of September A.D. 1837, before the Honorable Joseph R.

Swan President, & Ezra Griswold, John Brundige and

John Lugenbeel Esqrs his associates, Judges of the Court of

Common Plea,. in & for the County of Delaware, in the

State of Ohio.

This day the last will and testament of Lewis

Perry deceased, was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as

reduced to writing, approved and ordered to be recorded

And thereupon, on motion of Levi Meredith the executor

in said will named, it is ordered that letters testament

-ary be granted him, upon his entering into bonds in

the sum of $1500.00 cts. with Increase Speer & Squire Whe-

-aton as security. And it is further ordered that George

Clark, Moses. J. Cobus & Alexander. G. Henderson appr-

-aise the personal property of said estate.

I Lewis Perry of the County of Delaware, in the State of Ohio,

do make and publish this my last will and testament in

manner and form following, that is to say, "1st~ It is my

will that my funeral expences and all my just debts be

fully paid. 2nd~ I give, devise and bequeath to my belo-

-ved wife Phebe Perry in lieu of her dower the plantation

on which we now reside, situate in the County and

State aforesaid, in township four, Section twelve, Range

Sixteen, containing forty acres be the same more or less,

during her natural life, and all the live stock. Cows,

hogs, by me now owned and Kept thereon, also all the

household furniture and other items not particular
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 81)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 81)

Description

[page 81]

[corresponds to labeled page 36 of Will Records Vol. 2 - 1835-1850]


36

named and otherwise Disposed of in this will, During

her natural Life as aforesaid. She however first disposing

of a sufficiency thereof to pay my just debts as aforesaid

and that at the death of my said wife, all the property

hereby Devised or Bequeathed to her as aforesaid, or so

much thereof as may then remain unexpended, to

my daughter Rosenah Perry and to her heirs and assigns

forever. "3rd I give and Devise to my only Daughter, Rosenah

Perry all my rights, claims, Dowers, Gifts, Grants or Rights

of Dower and Remainders or Reversions whatever and to

her heirs and assigns forever. "4th and Lastly I hereby con-

stitute and appoint Levi Meredith to be the Executor

for this my last will and testament, revoking and

annulling all former wills by me made and ratifying

and confirming this and no other to be my last will

and testament. In testimony whereof, I have here-

unto set my hand and seal this seventeenth day of

July, one thousand eight hundred and thirty seven.

Lewis Perry {seal}

Signed, published and declared_the above named

Lewis Perry as and for his last will and testament in

presence of us, who at his request, have signed as witn-

esses_ the same. Squire Wheaten, Encries G. Speer~


Personally appeared in open Court Encries. and

Squire Wheaten. witnesses of the Will of Lewis Perry, decd

late of Trenton township, Deleware County, and having

been duly sworn, depose and say that Lewis Perry

died on or about the 26th day of July 1837 that about

a week previous he made his last will at the time

he executed it he was we believe of sound mind and

memory, and not under any restraint, this was done

in our presence, and at the request of the deceased, we

witnessed the will~ Squire Wheaton

Encries. G. Speer~

Sworn to & subscribed in open Court, this 16th day

of September A.D. 1837. T. Reynolds, Clerk~


Recorded the foregoing Will ect Septr 21st 1837.

Attest T. Reynolds, Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 82)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 82)

Description

[page 82]

[corresponds to labeled page 37 of Will Records Vol. 2 - 1835-1850]


37

Pleas at a Special Court, held at the Court House, in Delaware

on the 27th day of September A.D. 1837, before the Honorable

Ezra Griswold, John Brundige & John Lugenbeel, associate

Judges of the Court of Common Pleas, in & for the County of

Delaware, in the State of Ohio.

This day the last will and

testament of Christopher Moore decd was produced in

open Court & proved by the testimony of two of the subscribing

witnesses thereto as reduced to writing, approved & ordered

to be recorded. And thereupon on motion of Francis

Maze the Executor in said will named, it is ordered that

letters testamentary be granted him, upon his entering

into bonds in the sum of $300.00? with Emery Moore

& John. G. Curry as securety. And it is further ordered

that Hugh. T. Cunningham, Roswell Fields & William

Gallant appraise the personal property of said estate.


I Christopher Moore of the County of Delaware, in the

State of Ohio, do make and publish this my last will

and testament in manner and form following, that is

to say; "First, It is my will that my funeral expences,

and all my just debts be fully paid. "Second, I give,

devise and bequeath to my beloved wife Catherine

Moore in lieu of her dower the plantation on which we

now reside, situate in the County and State aforesaid,

containing about one hundred and eleven acres during

her natural life, and all the live stock, horses, cattle, sheep,

hogs &c by me now owned and Kept thereon, also all the

household furniture, and other items not particularly

named, and otherwise disposed of in this will, during

her natural life as aforesaid, she however first disposing

of a sufficiency thereof to pay my just debts as aforesaid.

and that at the death of my said wife, one thousand dol-

lars to my brother Thomas Moore living in Ireland,

Dublin high St. and to his heirs and assigns forever, the

remainder (if any) at her own disposal after all just

demands are paid. And lastly, I hereby constitute

and appoint Francis Maize to be the Executor for this

my last will and testament, revoking and annulling

all former wills by me made and ratifying & confirm-

ing this and no other to be my last will & testament.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 83)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 83)

Description

[page 83]

[corresponds to labeled page 38 of Will Records Vol. 2 - 1835-1850]


38

In testimony whereof I have hereunto set my hand,

and seal, this thirteenth day of September, one thou-

sand eight hundred and thirty seven.

Christopher Moore~

Signed, published and declared by the above named

Christopher Moore as and for his last will and testament

in presence of us, who at his request, have signed as wit-

nesses to the same. Hugh T. Cunningham

John. G. Curry. William Gallant~

State of Ohio, Delaware County; Ss~

At a special Session of the Court of Common Pleas.

held by the Associate Judges, at the Court House Septr 27th

1837. Hugh. T. Cunningham and John. G. Curry

being duly sworn in open Court, upon their oaths say

that the paper here produced in Court, purporting to

be the last will & testament of Christopher Moore, bear-

ing date the thirteenth day of September 1837 is the

will and testament of the said Christopher Moore by

him on the said day & year last mentioned at his

residence in Thompson Township in the said County,

published and declared then and there as such, that the

said will & testament was then and there signed by the

said Cunningham for the said Moore, in the presence of

the said Moore and by his express direction, that these

deponents then and there at the request of the said Moore

in his presence and in the presence of each other signed

their names to the said will as witnesses, and then

and there heard the said Moore acknowledge the sign_

ing thereof to be his act, and as his last will & testament

they further say that the said Moore was at the time

aforesaid at least sixty years of age, of soud mind

and memory, and not under any restraint, and fur-

ther say not. Hugh T. Cunningham

John G. Curry

Sworn to & subscribed in Open Court Septr 27th 1837~

T. Reynolds, Clerk~

Recorded the foregoing Will &c Septr 28th 1837~

Attest, T. Reynolds, Clerk~

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 84)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 84)

Description

[page 84]

[corresponds to labeled page 39 of Will Records Vol. 2 - 1835-1850]


39

Pleas held at the Court House in Delaware on the

20th day of March A.D. 1838 before the Honorable

Joseph R. Swan President, & Ezra Griswold, John

Brundige & John Lugenbeel Esqrs his associates,

Judges of the Court of Common Pleas in & for the

County of Delaware, in the State of Ohio.

This day the last will & testament of

James Trindle decd was produced in open Court

& proved by the testimony of the subscribing wit-

-nesses thereto as reduced to writing, approved &

ordered to be recorded. And thereupon Ann

Trindle the Executrix in said will named refu-

-sing to act, on motion. It is ordered that letters

of Administration with the will annexed be

granted to David Mitchel who is ordered to

enter into bonds in the sum of $6000.00? with

John Brundige 2d & William Brundige as

security. It is further ordered that Henry

Patee, Alva Patee & Jonathan Coomer appraise

the personal property of said estate.

I James Trindle of the County of Delaware

in the State of Ohio do make & publish this my

last will & testament in manner & form following-

-ing that is to say. First, I give devise and

bequeath to my wife Anna Trindle all the live

stock, Horses, Cows, Sheep, Hogs by me now

owned also all the household furniture & other

items not particularly named, also all the

farming utensils and the other articles of husbandry

also all the money due me except fourteen hun-

-dred & seventy dollars due me by Even Noris the

interest of the last named sum I also give to my

wife if she needs it for the support of the family

and that at the death of my said wife, all the

property hereby devised or bequeathed to her as

aforesaid, or so much thereof as may then remain

unexpended to my two eldest sons John B. and

James B. Trindle & to their heirs & assigns forever.

Second, I give and devise to my eight daughters

Mary, Elizabeth, Loiza, Sarah, Nancy, Margaret

Jennett, Florilla, fourteen hundred and seventy

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 85)

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Description

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40

dollars due me by E. Norris the interest of

of said money if not needed for the support of the

family. Third, I give and devise to my third son

William. B. Trindle the west half of the south east

quarter of section No. fourteen in Township No.

seven of range No. seventeen M.Y. containing

eighty six acres more or less to him the said

William B. Trindle his heirs and assigns forever.

And lastly I hereby constitute & appoint my

wife said Anna Trindle to be the Executor for

this my last will & testament, revoking and

annulling all former wills by me made and

ratifying and confirming this and no other to

be my last will & testament. I testimony

whereof I have hereunto set my hand & seal

this 28th day of June 1837.

James Trindle {seal}

Signed, Published & declared by the above named

James Trindle as & for his last will & testament

in presence of us who at his request have sign-

-ed as witnesses to the same.

John Brundige 2nd ~ David Mitchell~

State of Ohio Delaware County; Ss.

Personally appeared in open Court John Brundige

2nd & David Mitchell who being duly sworn on

their oath say that they saw James Trindle sign

the will here presented, that said Trindle requested

the deponents to sign it as witnesses that it was

his last will & testament that said Trindle was

of sound & disposing mind & memory, and not

under any restraint, that they severally signed

their names at his request, and that said testator

is now dead. John Brundige

David Mitchell~

Sworn & subscribed in open Court March 20th 1838

T. Reynolds Clerk~

Recorded the foregoing Will etc March 28th 1838~

Attest~ T. Reynolds Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 86)

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Description

[page 86]

[corresponds to labeled page 41 of Will Records Vol. 2 - 1835-1850]


41

Pleas held at the Court House in Delaware on the

the 20th day of March A.D. 1838 before the Honorable

Joseph R. Swan President, & Ezra Griswold. John

Brundige & John Lugenbeel Exqrs his Associates,

Judges of the Court of Common Pleas in & for the

County of Delaware, in the State of Ohio.

This day the last will & testament

of Watkin Watkins decd was produced in open

Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing, approved

& ordered to be recorded. And thereupon on motion

of Evan Watkins & John Watkins the Exrs in

said will named, It is ordered that letters tes-

-tamentary be granted them upon their entering

into bonds in the sum of $500.00? with John

Fleming & Prior Cox as security. It is further ordered

that Morgan Williams, George Wolfley and James

Kyle appraise the personal property of said estate.

In the name of God. Amen~

I Watkin Watkins of Radnor township Delaware

County & State of Ohio do make & publish this my

last will & testament. Item 1st It is my will that

my funeral expenses be fully paid. Item 2d I give

& devise to my beloved wife Elizabeth in lieu of

her dower the farm on which we now reside,

situate in the township of Radnor and described

as follows/ to wit/ Lot No. eight in the fourth section

of the sixth township of the twentieth Range of the

United States Military Lands in the State of Ohio

during her natural life also two beds & bedding

one bureau two tables one Cow four Sheep & to

the amount of ten dollars of any other property

that she may see proper to choose. Item 3rd I

give and devise to my son Evan Watkins the sum

of fifty dollars to be paid as hereinafter mentioned

Item 4th. I give & devise to my son Robert Watkins

the sum of Five Dollars to be paid as hereinafter

mentioned. Item 5th I give & devise to my son

Thomas Watkins the sum of One hundred dollars

to be paid as hereinafter mentioned. Item 6th,

I give & devise to my daughter Charlotte Lawrence
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42

the sum of one hundred & fifty dollars to be paid

as herein after mentioned. Item 7th I give and

devise to my daughter Mary Bennett the following

described tract of Land to wit, commencing at the

south east corner of Hugh Kyle lands thence

east five rods of the frame house of said Mary

Bennett thence North sixteen rods, thence west

to said Hugh Kyle's line thence south to the place

of beginning being in lot No. 8 Section 4 Township

six Range 20. U.S. Military Lands in Delaware

County & State of Ohio supposed to contain two

acres and eight rods. Item 8th. I give and devise

to my son John Watkins the farm on which

we now reside situate in the Township of Radnor

& described as follows /to wit/ Lot No. eight /8/ in

the fourth section /4/ of the sixth township /6/ of

the twentieth range /20/ of the United States Mili-

-tary lands in the County of Delaware & State of

Ohio except the tract that I have herein willed

to my daughter Mary Bennett as herein described

after the death of my beloved wife Elizabeth also

one Hundred acres of land lying & being in

Section No. 1 of Town_ six of Range 20 lying

along the south boundary line of said section

in the County of Delaware & State of Ohio. Item

9th I give & devise to my daughter Mary Bennett

one hundred dollars to be paid hereinafter

mentioned. Item 10th My son John Watkins in

consideration of the premises by me willed to

him is to pay the following sums as before

mentioned. To Evan Watkins twenty five dollars,

To Robert Watkins two dollars & fifty cents. To

Thomas Watkins fifty dollars. To Charlotte Lawrence

seventy five dollars & to Mary Bennett fifty

dollars which said sums are to be paid within

eighteen month after the death of my wife

Elizabeth Watkins. also to Evan Watkins twenty

five dollars, to Robert Watkins two dollars &

fifty cents, to Thomas Watkins fifty dollars,

to Charlotte Lawrence seventy five dollars &

to Mary Bennett fifty dollars to be paid within
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 88)

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Description

[page 88]

[corresponds to labeled page 43 of Will Records Vol. 2 - 1835-1850]


43

three years after the death of my wife Elizabeth

Watkins also said John is to get all my personal

property that I have not willed & he is to pay

all my debts. And lastly I do hereby nominate

and appoint my sons Evan & John Watkins

Executors of this my last will & testament revoking

and annulling all former wills by me made.

In testimony whereof I have hereunto set my

hand & seal this 29th day of January A.D. 1838~

Watkin X [his mark] Watkins {seal}

Signed and acknowledged by said Watkin Watkins

as his last will and testament in our presence &

signed by us in his presence.

Abraham Edwards~ Morgan Williams~

Abraham Edwards & Morgan Williams upon

their oaths say concerning the last will and

testament of Watkin Watkins decd that the said

Watkin Watkins executed a will to which they

are witnesses, dated the 29th day of January A.D.

1838. That said Watkins was then of sound mind

and memory & not under any restraint.

Morgan Williams~ Abraham Edwards~

Subscribed & Sworn to in open Court Mch 20th 1838~

T. Reynolds Clerk~

Recorded the foregoing Will ect~ March 29th 1838

Attest T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

20th day of March A.D. 1838 before the Honorable

Joseph R. Swan President & Ezra Griswold, John

Brundige & John Lugenbeel Esqrs his Associates,

Judges of the Court of Common Pleas in & for the

County of Delaware, in the State of Ohio.

This day the last will & testament

of Ephraim Simmons decd was produced in open

Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing, approved

& ordered to be recorded. And thereupon on

motion of Justus Simmons & Polly Simmons the

Executors in said will named. It is ordered
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 89)

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Description

[page 89]

[corresponds to labeled page 44 of Will Records Vol. 2 - 1835-1850]


44

that letters testamentary be granted them upon

their entering into bonds in the sum of $900.00?

with John Gardner & Jospeh Horr as security.

It is further ordered that Micajah Dillingham,

Robert Gardner & Josiah Horr appraise the

Personal Property of said estate.

The last will & testament of Ephraim

Simmons. I Ephraim Simmons of Peru Town-

-ship, in the County of Delaware & State of Ohio,

being weakly of body, tho' of a sound disposing

mind & memory, thinking it necessary to make

my will & settle my estate which I am favoured

with, therefore I give bequeath & devise the same

in manner & form following. And first, my will

is, & I hereby order that all my just debts and

funeral charges, be paid by my Executors herein

after named, out of all my estate. Imprimis~

I give & bequeath unto my beloved wife Polly

Simmons all my Household goods & indoor mov-

-eables /except which I shall herein after dispose

of/ as a free gift forever. Item, I give unto my

son Jonathan Simmons one dollar. Item, I give

unto my daughter Eliza owles one dollar. Item,

I give unto my son Ephraim Simmons one dollar.

Item, I give unto my son Edward Simmons one

dollar. Item, I give unto my daughter Sarah

Cozad one dollar, all of which legacies to my five

children above named, I hereby order my executors

herein after named to pay unto each of them with-

-in two years after my decease, out of the estate

I may die seized of. Item, I give unto my said

wife Polly Simmons the use & improvement of all

the other of my estate both real & personal during

the time she shall remain my widow, except what

I do herein in this my last will & testament other-

-wise dispose of to be in lieu of her right of dower

and power of thirds. Item, I give & devise unto

my son Edward Simmons & to heirs and assigns

forever, one equal half of the lot of Land whereon

he now lives, provided he shall pay for the one

half of what the land firstly cost & make his

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 90)

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Description

[page 90]

[corresponds to labeled page 45 of Will Records Vol. 2 - 1835-1850]


45

payments with the interest thereon accordingly,

and pay the money into the office where such money

is deposited in due order seasonably, or so much

of one half as he does pay for. Item, I give and

devise unto my son Justus Simmons & to his heirs

and assigns forever, the other equal half of the

said lot of Land whereon his Brother Edward

now lives, after the time of his mothers widowhood

I also give unto my son Justus Simmons all my

live stock and farming utensils, together with

all the rest & residue of my personal property, not

herein otherwise disposed of, after the time in which

Polly my wife shall remain my Relict widow.

Item, I give & bequeath unto my daughter Mary

Ann Simmons one feather bed & beding at any

time when she may take to her a lawful hus-

-band. And if in case my son Edward doth not

pay for one equal half of the lot of Land whereon

he lives in manner aforesaid. Then and in that

case, I hereby give and devise the same unto my

son Justus Simmons & to his heirs & assigns forever

And the improvements, which my son Edward shall

make thereon, I order & direct my son Justus to pay

him therefor. I herein request and advise my son

Justus to live with, or near his mother and take

the necessary care of her in her lonesome situation

during the time she may survive me, or remain

my widow. Finally, I hereby nominate, constitute

and appoint my beloved wife Polly Simmons &

our son Justus Simmons, Executors to this my last

will and testament directing and advising them

to settle all my estate accroding to the true in-

-tent and meaning hereof, and in due course of

law, hereby declaring this and no other to be my

last will and testament. In witness whereof I

have hereunto set my hand and affixed my seal

this tenth day of the fifth month/ commonly

called May/ in the year of our Lord one thousand

eight hundred and thirty ~~ 1830~

Signed, sealed, published and declared by

the said Ephraim Simmons to be his last
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 91)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 91)

Description

[page 91]

[corresponds to labeled page 46 of Will Records Vol. 2 - 1835-1850]


46

will and testament in presence of us~

Ephraim Simmons {seal}

Micajah Dillingham

James Dillingham~

State of Ohio Delaware County, Ss~

Personally appeared in open Court Micajah

Dillingham and James Dillingham who being

duly affirmed say that they were called upon

to witness the last will & testament of Ephraim

Simmons now deceased which last will and

testament is now before the court. That they saw

said Simmons sign said last will and testament

that said Simmons was of lawful age and of

sound mind and discretion, that he signed the

same without restraint in any way, and we

signed the same as witnesses in his presence

and at his request. Micajah Dillingham

James Dillingham

Sworn & subsecibed in open Court

March 20th 1838~ T. Reynolds Clerk~

Recorded the foregoing Will &c Mch 29th 1838

Attest T. Reynolds Clerk~


Pleas held at the Court House in Delaware on

the 22nd day of March A.D. 1838 before the Honora-

-ble Joseph R Swan President & Ezra Griswold

John Brundige & John Lugenbeel Esqrs his Associates

Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio.

This day an authenticated Copy

of the Will of Samuel Davenport of the County

of Jefferson in the State of Virginia, proved ac-

-cording to the laws of said State of Virginia, &

having relation to real property within this

County, was presented by Mr. Finch in behalf

of the legatees & upon his motion it is ordered

by the court here, that the same be admitted

to record.

In the name of God, Amen. I Samuel
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 92)

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[page 92]

[corresponds to labeled page 47 of Will Records Vol. 2 - 1835-1850]


47

Davenport of the County of Jefferson & State of

Virginia, have this 28th day of Octr 1828 made my

will in the words following, to wit; First, I will that

my loving wife Mary shall have one third part

of the Plantation I now live on, with all the houses

& improvements thereon during her natural life,

except the Houses that John Wilsher now lives in

my wife is to have free access to the well of water

near Wilsher's house, my wife is not to clear any

of the wood land, nor cut any timber, only for

fuel & lasting improvements, I give to my wife

Mary one negro man called Daniel, one other

cald Allen & a woman called Sophia & a boy cald

George Slye, to her & her heirs forever, also two

horses of her chois, two pair of horse gears, one

wagon, one bar-share & two shovel ploughs, two

mulch cows, five sheep, ten head of stock hogs,

bread & meat sufficient for her family for one year,

two beds, bedsteads & bedding, one beaug rough, six chairs,

two tables, half dozen silver table, & half dozen tea

spoons. & all my Kitching utensils for cooking &c,

also my gig & harness. Second, I give unto Elizabeth

Long, daughter of my sister Mary Long sixty acres

of Land I purchased of James Hite to her & her

heirs forever, with these restrictions that is some

years ago I purchasd a negro boy of my sister Mary

Long, cald Bill which the heirs of Mary Long would

have a rite to after the death of Mary Long now if the heirs of Mary Long or any

one of them should set up any claim or bring suit to

claim the aforesaid negro boy then in that case

the above mentioned sixty acres of Land shall by the

said Elizabeth Long shall forfet all title & claim to

the aforesaid Land, and also a negro Girl called

Fanna which the aforesaid Elizabeth Long has now

in her possession, which will be twenty two years

old in August next, who is to serve the said Eliza-

-beth till she is thirty years of age, at which time

the said Elizabeth is to set her & her increase free, &

pay all the expenses of the same, now if the aforesaid

Elizabeth Long does not set the aforesaid negro Fanna

& her increase free or cause it to be done at the

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 93)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 93)

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[page 93]

[corresponds to labeled page 48 of Will Records Vol. 2 - 1835-1850]


48

expiration of the time above mentioned in that

case the aforesaid Elizabeth Long shall forfet all

claim or rite or interest to the above mentioned

sixty acres of Land, now if any part of the above

restrictions, should not be complied with, it is my

will that the above mentioned sixty acres of Land

shall be equally divided between Luca Cook dau-

-ghter of William Cook, brother to my first wife,

& Camilla Wilcher wife of John Wilcher, to them

& their heirs forever. Third, I have five hundred

& six acres of Land in the State of Ohio, Delaware

County, of which I give to Sirus a black man now

living on said Land, fifty three acres, and to have

it laid of where he now lives, to him & his heirs

forever. I give unto Betty a black woman one

hundred acres of the above Land to her & her

heirs forever. I give unto Nathan a yellow man

one hundred acres of the above Land, to him &

his heirs forever. I give unto George a black man

fifty three acres of the above Land to him & his heirs

forever. Fourth, I give unto Hannah C. Orrich

Daughter of my sister Catherine, Two hundred

acres of Land, part of the five hundred & six

acre tract in the State of Ohio, in Delaware County

to her & her heirs forever. The aforementioned Tract

of Five hundred & six acres when divided is to

be laid off equally in quallity in proportion to

each share. Fifth, I give unto Camilla Wilcher

an orphan child I have raisd ninety seven acres

of Land, part of the tract I now live on, to her &

her heirs forever & the houses she now lives in

the land to be laid off joining the buildings

she now occupies & to pay Elizabeth Hammel,

daughter of Mary Hammel, sister to my first

wife Two hundred & fifty dollars when she the

sd Elazabeth arrives at the age of 18 or sooner if

she should marry. I give also to Camilla Wil-

-cher a half doz. silver tea spoons markd with the

letters R.D. Sixth, I give unto Lucy Cook, daughter

of Wm Cook brother of my first wife 97 acres of

Land, part of the plantation I now live on, to her
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 94)

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[page 94]

[corresponds to labeled page 49 of Will Records Vol. 2 - 1835-1850]


49

& her heirs forever with the encumbrance of two

hundred & fifty dollars to be paid to Lucy Davenport

Quigley, daughter of Sinah Quigley, sister to my

first wife when she at the age of 18, or sooner if

she should marry. Seventh, I will that after

the death of my wife, that the 97 acres which is

willd to my wife shall be equally divided between

Lucy Cook, daughter of Wm Cook, & Camilla Wilcher,

timber & cleared land agreeable to quantity & quality,

except the buildings & improvements thereunto, which

Lucy Cook is to have. Eighth, I will that all my

negroes which I have & some in Ohio except those

that I have willd to my wife shall be free at my

death, and my house woman Betty shall be sup-

-ported out of my estate while she lives, by Camilla

Wilcher & Lucy Cook, & each to give her /Betty/ ten

dollars yearly in cash, as long as she lives. Ninth

I will to Mary Hammel sister to my first wife

one patch work quilt, with a deep blew border,

with small round white spots. Tenth, I will

that all my personal property and out standing

debts not otherwise disposd of after my just debts

are paid, shall be equally divided between Lucy

Cook, daughter of Wm Cook & Camilla Wilcher.

I do hereby appoint my friends Chas. Orrich and

John Davenport, of Ohio, my Execurs of this my will

& testament, revoking all others by me made. & my

will is that my Executors shall not give security

in their executing this will. In Testamony hereof,

I have hereunto set my hand & seal the day &

year above written.

James Hurst senr, James Hite } Saml Davenport {seal}

Samuel J. Cramer, John Hurst }

Jefferson County. Sct~ At a Court held

for Jefferson County, the 19th day of October, 1829.

this last will and testament of Samuel Davenport

decd was proved by the oaths James Hite & John

Hurst, two of the witnesses thereto & ordered to be

recorded~ and on the motion of Charles Orrich

one of the Executors therein named, who made

oath thereto, and entered into Bond in the penalty
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 95)

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[page 95]

[corresponds to labeled page 50 of Will Records Vol. 2 - 1835-1850]


50

of Ten thousand dollars, without security/ the

Testator having directed that no security should

be required of his executors/ conditioned as the

Law requires, certificate is granted him for obtain-

ing a probate thereof in due form.

By the court~ Teste S. J. Cramer C.J.C~

Virginia, Jefferson County, sct~

I Samuel J. Cramer, Clerk of the County Court

of Jefferson County, in Virginia, hereby certify

that the foregoing is a true copy of the last will

& testament of Samuel Davenport decd as the same

is of Record in the said Court.

Given under my hand & the seal of the

{Seal} said Court this 18th day of October 1837.

Saml J. Cramer Ce,

I David Humphreys, Presiding Justice of the County

Court of Jefferson, in Virginia, certify that Saml J.

Cramer is Clerk of the said Court, duly elected &

qualified, & that his attestation is in due form.

Given under hand this 18th of October 1837.

David Humphreys~


Recorded the foregoing authenticated Copy of Will.

March 30th 1838~ Attest~ T Reynolds Clerk~


Pleas held at the court. House in Delaware, on

the 22d day of March A.D. 1838 before the Honorable

Joseph R Swan president, & Ezra Griswold, John

Brundige & John Lugenbeel Esqrs his Associates,

Judges of the Court of Common Pleas in & for

the County of Delaware, in the State of Ohio.

This day an authenticated Copy

of the Will of David J.Poor of the County of

Campbell in the State of Kentucky, proved accor-

-ding to the laws of said State of Kentucky, and

having relation to real property within this

county, was presented by Mr. Brush in behalf

of the Executors to such Will, & upon his motion

it is ordered by the Court here, that the same be

admitted to record.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 96)

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[page 96]

[corresponds to labeled page 51 of Will Records Vol. 2 - 1835-1850]


51

In the name of God, Amen.

I David J. Poor of the County of Campbell, and

State of Kentucky, being advanced in years, feeble and

weak in body but of sound disposing mind and

memory do make ordain publish and declare this

to be my last will & testament revoking all others

by me heretofore made. I give my body to its

mother earth from whom I received it to be disposed

of by my Executors in decent form and Christian

like burial, trusting through the mediation of a

blessed Redeemer that although the body must

perish, the soul will survive and live perhaps in

a better world. After my Executors have paid

off all my honest debts I order and direct that

the balance of my property both personal, real

and mixed be distributed and disposed of in the

manner and form following viz: To my daughter

Polly J. Wade and my son in law, her husband

John P. Wade I give one dollar and no more of

any part of my estate which is to be paid by my

Executors to the said Polly J & John P Wade so

soon as they can get it into their hands by a

sale of any of my goods and chattels. The rema-

-inder of my estate after the payment of my

honest debts both personal real and mixed

either in this State or the State of Ohio. I order

and direct to be equally divided share & share

alike where it is devisible in Kind and where it

is not to be sold at reasonable credits & the proceeds

arising therefrom to be equally divided among my

children Theodore J. Poor Horrizon J. Poor & Abigail

W. Poor. I direct that my household & Kitchen

furniture of every description be sold at the disc-

-retion of my Executors and that my beloved wife

Rachael Poor buy one third thereof at public

sale in order to enable her to commence and Keep

a boarding house by which she may subsist her-

-self and two children Abigail W. Poor & Horrizon

J. Poor. The dead provisions on hand must be

used and Kept by my wife and children who

are now with her. I direct and order that my

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Description

[page 97]

[corresponds to labeled page 52~]

son Theodore J. Poor shall chuse his guardian &

that guardian shall bind him, apprentice to

whatever trade and master the said Theodore

shall elect or chuze immediately. At the age

of Sixteen of Sixteen I order and direct that my

son Horrizon J. Poor shall chose his guardian

and that guardian shall bind him apprentice

to whatever trade or master the said Horrizon

J. Poor may elect or chuse. Lastly I nominate

constitute and appoint Rachael Poor and Alfred

Sanford my Executors of this my last will and

testament to see the same in all particulars &

respects carried into complete and full effect.

The word Estate in the second page and top

line interlined before signing. In witness

whereof I have hereunto set my hand & seal

this 14th day of February 1824~

Zacheus Kyle David J. X [his mark] Poor {seal}

Polly Kyle

Codicil~ In a previous

part of my will I directed my executors at

their discretion to sell all my household and

Kitchen furniture and that my wife Rachael

Poor should buy one third thereof to aid her in

Keeping a boarding house and for maintaining

my two children Horrizon J. Poor and Abigail

W Poor. I now hereby alter and and change so

much of my Will as relates to that subject by giving

to my beloved wife for the great pains and care

solicitude and anxiety which she has exercised

towards me during my extreme illness, February

19th 1824. David J. Poor {seal}

Polly Kyle. Zacheus Kyle~

State of Kentucky, Campbell County Court

March Term 1824 Sct. This Instrument

of writing purporting to be the last will and

Testament of David J. Poor deceased was produ-

-ced to the Court and proven by the oath of

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 98)

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53

Zaccheus Kyle a subscribing witness thereto to be the

act and deed of said Poor for the uses and purposes

therein mentioned and said Kyle further states

upon his oath that the said Poor at the time of

signing & sealing the same was of sound mind &

disposing memory; Thereupon the same was est-

-ablished, together with the Codicil thereto annexed

and ordered to be recorded which is accordingly

done in my Office Will Book page 94. Given under

my_ this 22d day of March 1824.

James Taylor Clk~

State of Kentucky, Campbell County Court

November Term 1837 Sct~ The last will

and Testament of David J. Poor, deceased with a

Commission and Deposition of Polly Kyle, a witness

to said will as to the execution ect of the same was

produced in Court and being examined, it is Ordered

that said Will with the Dedimus and Deposition

aforesaid be recorded as and for the last will and

Testament of said David J. Poor deceased.

Attest~ John N. Taliaferro Clk

Commonwealth of Kentucky Campbell County Sct~

I John N. Taliaferro Clerk of the County

Court for the County aforesaid, certify that the

foregoing is a true copy of the Last will & testament

of David J. Poor. Deceased together with the cer-

-tificates of the proof thereof as it appears upon

the Records of my Office~

In Testimony whereof I have hereunto set

{Seal} my hand and affixed the seal of said

County, at the Court House in Newport

this 11th day of December A.D. 1837 & in the 46th year of

the commonwealth. John N. Taliaferro C.C.C.C.

Commwlth of Kentucky Campbell County Sct~

I, John Carlisle Presiding Justice of the Peace

in & for said County, do certify that Jno N. Taliaferro is

Clerk of said County Court, duly qualified & sworn into office

& that full faith & credit ought to be given to all his official

acts as such. Given under my hand this 11th day of December

1837. John Carlisle J.P.C.C.

Recorded

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 99)

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[corresponds to labeled page 54 of Will Records Vol. 2 - 1835-1850]


54

the foregoing authenticated Copy of Will

March 30th 1838~ Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

19th day of June A.D. 1838 before the Honorable Joseph

R. Swan President & Ezra Griswold & John Lugenbeel

Esqrs two of his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in

the State of Ohio.

This day the last will & testament of Nathan

Clark decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as

reduced to writing, approved & ordered to be recorded.

In the name of God, amen. I Nathan

Clark of the County of Delaware in the State of Ohio,

being weak in body but of sound & disposing mind

& memory & understanding, do make & publish this

my last will & testament, in manner & form, that

is to say. First, I give devise & bequeath to my belov

-ed wife Rebecca Clark in lieu of her dower, my

loom that is a weavers loom together with all the

needs & other utensils belonging to said loom, also

her bed & bedding & all the household furniture

that she the said Rebecca had & brought with her

when we were united in marriage. also all the house-

-hold furniture & other items not particularly named

& otherwise disposed of in this will. also I give and

bequeath to the said Rebecca Clark one light coloured

two years old heifer, also one ham of smoked meat

& thirty pounds of pickle pork, also my soap barrel &

soap & as much soap grease as she sees proper to take

also the wool of the sheep. Second, I give & bequeath

to my daughter, Lettice, the sum of two dollars. Third,

I give and devise to my eldest son Nathan Clark Jr.

my black mare, the mule foal excepted, also one

breeding sow. Fourth, I give and devise to my

daughter Nancy one large pot & one bake kettle

Fifth, I give and devise to my daughter Rhoda

one two years old red & white heifer. Sixth, I

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55

give and devise and bequeath to my second son Elisha

Clark. the west half of the fifty acres of land on which

we now reside, being a part of Lot 16 in the third

Section, in the sixth township, in the seventeenth Range

of the United States Military Survey, to have & to hold

the said west half of fifty acres, to him the said

Elisha Clark during his natural life, then to descend

and pass to Ransom Clark, eldest son of the said Elisha

Clark, also I give and devise to my said son Elisha

one two years old black horse colt & one ten gallon

Kettle. Seventh, I give & devise to Ransom Clark, el-

-dest son of Elisha Clark one three years old heifer

red & white, with a line back being the same that

is now Known by the name of the said Ransoms

heifer. Eighth, I give & devise to my daughter Betsy

one Cow. Ninth, I give devise and bequeath to my

youngest son Calvin Clark all the East half of the

aforesaid fifty acres of land that we now reside on

being a part of lot 16 in the third section in the

sixth township, in the seventeenth Range. United

States Military Survey, also I give and devise to my

said son Calvin, the mule foal that has been ex-

-cepted in this will also one pair or yoke of two

year old Steers, being the same Steers that I let the

said Calvin have to trade for a waggon, also as

many hogs as the said Calvin thinks proper to

fatten, and all the farming utensils which I now

own also one thirteen gallon Kettle, for which

the said Calvin Clark is to settle and pay off all

my just debts. Lastly, I give and devise that the

remaining part of my hogs not otherwise disposed

of in this will shall be divided equally between

my two sons Elisha and Calvin Clark. And

furthermore, I give and devise to my son Calvin

Clark my great Coat. And lastly I give & devise

to my youngest daughter Almira Clark, all my

bed and bedding and my chest & three chairs, also

one year old horse colt. In testimony

whereof I have hereunto set my hand and seal

this second day of May in the year of our Lord

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56

one thousand eight hundred & thirty seven

Nathan Clark {seal}

Signed published and declared by the above

named Nathan Clark as and for his last will and

testament in presence of us who at his request have

signed as witnesses to the same.

Nicholas McLaughlin~ Samuel Cleveland~ Isaac Fleming~

The State of Ohio, Delaware County; Ss~

In the Court of Com. Pleas. June Term 1838,

Samuel Cleveland and Isaac Fleming being duly

sworn in open Court upon their oaths say, that the

paper now here produced in Court, purporting to be

the last will & testament of Nathan Clark, and

bearing date the second day of May A.D. 1837 was by

the said Nathan Clark on that day executed and

published at his residence in Peru Township in

the said County, as his last will & testament in

the presence of the said Samuel Cleveland, Isaac

Fleming & Nicholas McLaughlin witnesses to the

said will, that the said Nathan Clark then &

there signed & sealed the same will in our presence,

& the said witnesses then & there in his presence & at

his request & in the presence of each other signed

their names thereto as witnesses that the said

Nathan Clark was then about sixty eight years

of age, of sound mind & memory, & acting under

no restraint but of his own free will & accord.

& further say not. Samuel Cleveland

Isaac Fleming~

Subscribed & sworn to in open Court June 19th 1838

T. Reynolds Clerk~

Recorded the foregoing Will &c~ July 16th 1838

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware,

on the 20th day of June A.D. 1838 before the

Honorable Joseph R. Swan President and Ezra

Griswold & John Lugenbeel Esqs two of his

associates, judges of the Court of Common Pleas

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 102)

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[page 102]

[corresponds to labeled page 57 of Will Records Vol. 2 - 1835-1850]


57

in & for the County of Delaware in the State of Ohio.

This day the last will and testament of

Clark H. Dwinnell decd was produced in open court

& proved by the testimony of the subscribing witnesses

thereto as reduced to writing, approved & ordered to

be recorded. And thereupon, on motion of Mehitable

Dwinell & Joseph Keen the Executors in said will

named. It is ordered that letters testementary

be granted them upon their entering into bonds

in the sum of $1200.00? with George Landon and

Peleg Bunker as security. And it is further ordered

that Josiah Horr, John Bunker & Peleg T. Sherman

appraise the personal property of said estate.

I Clark H. Dwinell of the County of

Delaware in the State of Ohio do make & publish

this my last will & testament in manner & form

following that is to say, First, it is my will that

my funeral expenses & all my just debts be fully

paid. Second, I give devise & bequeath to my belov-

-ed wife Mehitable Dwinell in lieu of her dower

one horse saddle & bridle, one Cow ten head of

sheep and all my household goods out of which

she is to give my daughter Sally when she arrives

at the age of eighteen years one bed & bedding

& further she the said Mehitable is to have the

use of all my real and personal property /not

othrwise disposed of/ during the time she shall

remain my widow for her own support & the

support and education of my children Sally

Dwinell & Clark P. Dwinell which education

shall be classical & if her widowhood should

cease previous to the completion of the education

of my children as aforesaid the whole of the afore-

-said use of property is to be applied to the support

& education of the aforesaid children under the

control of my executors. Third, I give and devise

to my mother Lydia Dwinell & sister Lydia Ann

Dwinell all my right and interest to the estate

personal of my father Allen Dwinnell deceased to

be equally divided between them and to be paid to
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58

them by the Administration of Allen Dwinell deceased

Fourth, I give and devise to my two children

Sally Dwinell & Clark P. Dwinell the farm on which

I now reside situate in Range 16. Township 6 Section

2 Lot 18 and fifty acres off the west end of Lot

fifteen, amounting to one hundred and fifty acres

also all the residue of my estate personal, all of

which both real and personal is to be equally divi-

-ded between them when the youngest child arrives

at full age and further I do hereby vest in my

executors full power & authority to use occupy

rent yearly or for a term of years my real estate

as to them shall appear most advantageous to those

in interest also to dispose of at private sale any

of my personal property they may think necessary

for the advantage of those in intrest not thereby

diminishing the appraised value to exceed one third

they shall also Keep a fair and accurate account

of all sales made moneys received & expended.

And lastly I hereby constitute and appoint my said

wife Mehitable Dwinell & my friend Joseph Keen

to be the executors for this my last will & testament

working and annulling all former will by me

made & ratifying & confirming this & no other

to be my last will and testament. In

testimony whereof I have hereunto set my hand

& seal this 14th day of Feb. A.D. 1838.

Clark H. Dwinells {seal}

Signed published & declared by the above named

Clark H. Dwinell as & for his last will & testament

in presence of us who at his request have signed

as witnesses to the same. Josiah Horr

Joseph Horr~

The State of Ohio Delaware County Ss~

In the court of Common Pleas June Term 1838

Josiah Horr & Joseph Horr being duly

sworn in open Court upon their oaths say that

the paper now here produced in Court purpor-

-ting to be the last will & testament of Clark

H. Dwinell and bearing date the 14th day of Feby
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 104)

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[corresponds to labeled page 59 of Will Records Vol. 2 - 1835-1850]


59

A.D. 1838 was executed and published by the said

Clark H. Dwinell at his residence in Bennington

Township in the said County on the day of the date

thereof as his last will & testament, that he signed

and sealed the same in our presence, and we at his

request in his presence and in the presence of each

other then & there signed our names thereto as wit-

-nesses. That the said Clark H Dwinell was then

about the age of thirty years, of sound mind &

memory and acting under no restraint but made

& published the said will of his own free will and

accord, and further say not.

Joseph Horr~ Josiah Horr~

Subscribed & sworn to in open Court, June 20th 1838

T. Reynolds Clerk~

Recorded the foregoing Will &c July 16th 1838 ~

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

20th day of June A.D. 1838 before the Honorable Joseph

R. Swan President & Ezra Griswold & John Lugen-

-beel Esqs two of his associates, Judges of the Court

of Common Pleas in & for the County of Delaware

in the State of Ohio.

This day the last will & testament of John Oller

decd was produced in open Court & proved by the

testimony of two of the subscribing witnesses thereto

as reduced to writing, approved & ordered to be

recorded. And thereupon on motion of Catherine

Oller & Abraham Eversole the executors in said

will named. It is ordered that letters testamentary

be granted them upon their entering into bonds in

the sum of $1500.00 with Leander Stone & Peter Oller

as security. And it is further ordered that John

Cutler, Henry Eversole & Thomas R. Hamilton

appraise the personal property of said estate.

Will made this 13th day of March 1838~

In the name of God Amen I John Oller of the

County of Delaware & commonwealth of Ohio, being

weak in the flesh and body, but sound & perfect
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 105)

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[corresponds to labeled page 60 of Will Records Vol. 2 - 1835-1850]


60

mind and memory, blessed be God Almighty for

the same. I do make & publish this my last

will & testament, in manner as follows, namely

first I bequeath my soul to God who gave it to

me, and my body to the dust from whence it came.

not doubting but that God will for Christs sake,

raise it up at the last day, a glorified body

like unto his own. 3d It is my will and desire

that all my just debts & funeral charges be

paid. 4th I bequeath unto my beloved wife

Catherine Oller the plantation whereon I now

live, all the horses & horse Kind, except those two

which I have purchased for the express purpose

of my sons, John Oller & Henry Oller & should

those two horses, which I purchased for the ex-

-press purpose of my sons Henry Oller and John

Oller, die or be stolen &c it is my will that my

wife Catherine Oller be accountable unto them

my sone, for the same, should those horses or

either of them die, before the boys arrives at

the age of twenty one. Also it is my will &

desire that my wife Catherine Oller, give

my son David Oller when he comes of age

a horse saddle & bridle worth eighty dollars

It is also my will & desire that my wife Cath-

-erine Oller have possess and hold all the

cattle, sheep and hogs, now on the farm or

premises, together with all the household and

Kitchen furniture of every Kind, together with

all the farming utensils, such as waggon,

ploughs, harrows, gears, &c, as long as she lives

and at my wife's death it is my will & desire

that publick sale be made of all the movable

property that then, belongs to her Catherine

Oller my wife and the money to be applied as

follows, thus, It is my will and desire that of

this money my Daughter be paid, first to Mary

Eve Downs and her heirs two hundred dollars.

and to Susanna Johnston and her heirs fifty

cents and the balance should there be any; it is

my will that it be equally divided amonst my
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three sons Henry Oller, John Oller & David Oller.

It is my will and desire that the land be divided

into three equal valued tracts as soon as David

Oller my youngest son shall arrive at the age

of twenty one years of age. It is my express wish

& desire that my sons Henry Oller, John Oller

& David Oller continue to work on the land tog-

-ether with their mother on the shares or upon some

agreeable terms, even when they are all of age.

It is my will that sale be made of a lot which

I own in Bell-point as soon as convenient and the

amount be spent in building a church or meeting

house /for the use of the United Brethern in Christ/

provided said Church or meeting house be built

within four miles of my house up or down the

river, if not within four miles, the money to fall

back to the heirs. Lastly, I appoint my wife

Catherine Oller and Abraham Eversole executors

of this my last will & testament, hereby revoking

all others, and disannulling likewise all other &

former wills by me made in witness. I have here-

-unto set my hand and seal the 14th day March

1838. John Oller {seal}

Signed, sealed published & declared by the above

named John Oller to be his last will & testament

in presence of us who at his request and in his pre-

-sence have hereunto subscribed our names as witn-

-esses to the same. Henry McCreary~

Thomas R. Hamilton~ Jacob Oller~

State of Ohio, Delaware County, Ss~

Court of Common Pleas for the County of Delaware

June Term AD 1838~ Henry McCleary & Thomas

R. Hamilton two of the signers as witnesses of

the last will and testament of John Oller decd

late of the County & State aforesaid being duly sworn

upon their oaths say that the paper now presented

to the Court purporting to be the last will and

testament of the said John Oller decd is the last

will & testament of the said John Oller decd and

was executed in our presence on the 14th day of

March 1838 that we signed the same. That the
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testator at the time of making the said will was

of legal age of sound mind & memory and was

under no restraint. Henry McCreary

Thomas R. Hamilton~

Subscribed & sworn to in open Court.

June 20th 1838~ T. Reynolds Clk~

Recorded the foregoing Will &c July 17th 1838.

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on

the 20th day of June A.D. 1838 before the Honorable

Joseph R. Swan President & Ezra Griswold &

John Lugenbeel Esqs two of his Associates, Judges

of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio.

This day the last will & testament

of Austin Graves decd was produced in open Court

& proved by the testimony of the subscribing wit-

-nesses thereto, as reduced to writing approved &

ordered to be recorded.

Austin Graves of the township of Marl-

-borough in Delaware County & State of Ohio being

of sound mind and memory but sensible of the

great uncertainty of life and being desirous to

dispose of my earthly estate which it hath pleased

God to bestow upon me do make this my last

will & testament revoking all former wills by

me made. 1st I will that all my debts & funeral

charges be speedily paid at my decease. 2nd It

is my will that all my children should be raised

together on the farm on which I now reside and

that my wife Maryann Graves have full control

of all my property real & personal for that purpose

& that she be the executor of this my last will

& testament. 3rd It is my will that the executor

of this my last will & testament should pay to

my sons as they severally become of the age of

twenty one years one hundred dollars each

and to my daughters as they severally become

of the age of eighteen years fifty dollars each &

that my wife aforesaid have the use of the residue

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 108)

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63

of my property both real and personal for her sup-

-port during her natural life. 4th After the

death of my wife it is my will that my land be

equally divided between my sons and that my

money and personal property be equally divided

between all my children both sons and daughters.

Signed, sealed and executed by me this fourteenth

day of December one thousand eight hundred &

thirty seven the same being first read in my hear-

-ing and presence. Austin Graves {seal}

Isaac Terboss~ Charles Bishop~

The State of Ohio Delaware County; Ss~

In the Court of Com. Pleas June Term 1838~

Isaac Terboss & Charles Bishop being duly sworn

in open Court upon their oaths say that the paper

now produced here in Court purporting to be the

last will & testament of Austin Graves and bearing

date the fourteenth day of December 1837 was by

the said Austin Graves on that day at his residence

in Marlborough Township in the said County, exec-

-uted and published by him as his last will

& testament & that he then & there signed & sealed

the same in our presence as such, and that we

then & there at his request & in his presence and

as witnesses thereto. That the said Austin Graves

was then about the age of forty years was of

sound mind & memory and acting under no

restraint, but of his free will and accord, and

further say not. Charles Bishop

Isaac Terboss~

Subscribed & sworn to in Open court;

June 20th 1838. T. Reynolds Clerk~

Recorded the foregoing Will &c July 17th 1838~

Attest~ T. Reynolds Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 109)

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[page 109]

[corresponds to labeled page 64 of Will Records Vol. 2 - 1835-1850]


64

Pleas held at the Court House in Delaware on

the 26th day of June A.D. 1838 before the Honor-

-able Joseph R. Swan President & Ezra Griswold

& John Lugenbeel Esqs two of his Associates,

Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio.

This day the last will & testa-

-ment of Joseph Smart decd was produced in

open Court & proved by the testimony of the

subscribing witnesses thereto as reduced to

writing approved & ordered to be recorded.

And thereupon on motion of William Smart

& John Smart the executors in said will named.

It is ordered that letters testamentary be gran-

-ted them upon their entering into bonds in

the sum of $800.00? with James Dodds and

Sidney Moore as security. And it is further

ordered that George Bean, Jabez Cowles and

Jesse Said appraise the personal property of

said estate.

I, Joseph Smart of the County of Delaware

in the State of Ohio do make and publish this

my last will & testament in manner & form

following that is to say. First, It is my will

that my funeral expences and all my just

debts be fully paid. Second, I give devise &

bequeath to my beloved wife Jane Smart in

lieu of her dower the Plantation on which

we now reside situate in Delaware County on

the waters of Millcreek containing about one

hundred and twenty acres south part of said

farm situate in Union County & State aforesaid

so long as she may remain my widow and all

the live stock horses Cows Sheep & Hogs by me

now owned & Kept thereon, also all the household

furniture & other items not particular mentioned

and otherwise disposed of in this will, she how-

-ever first disposing of ox sufficiencey thereof to

pay my just debts as aforesaid. And that at

the death of my said wife or if she may hereafter

marry all the property hereby devised or bequeathed
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 110)

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[corresponds to labeled page 65 of Will Records Vol. 2 - 1835-1850]


65

to her as aforesaid or so much as may remain

unexpended to my three sons William John &

Daniel Smart and to their heirs & assigns forever

Third, as for the said Wm Smart, John Smart

& Daniel Smart shall pay my five daughters

Betsey, Sally, Sulinda, Lucinda & Rebecca Smart

at the settlement of the hereby bequeathed estate

the sum of one hundred dollars each. Fourth

I also bequeath to Alvan Rose the sum of fifty

dollars to be paid to him by my Executors out

of the said estate as soon as he may arrive at

the age of twenty one years. And lastly I

hereby constitute & appoint my two eldest sons

Wm and John Smart to be the executors for this

my last will and testament by me made and

revoking and annulling all former wills rati-

-fying and confirming this and no other to be

my last will and testament. In testimony

whereof I have hereunto set my hand and seal

this 17th day of March AD 1838.

John Smart {seal}

Signed published & declared by the above named

Joseph Smart as and for his last will & testament

in presence of us who at his request have signed

as witnesses to the same.

Christian Myers~ Elisha Decker~

Christian Myers & Elisha Decker being examined

in open Court upon their respective oaths say

that they were called upon to witness the exec-

-ution of the last will and testament of Joseph

Smart decd that said Smart acknowledged

the will and testimont now before the court

to be his last will & testament and signed

the same in the presence, that they attested

the same in his presence and at his request

that said testator was of full age of sound mind

& memory & free from any restraint. and is now

deceased. Christian Myers~

Elisha Decker~

Subscribed & sworn to in open Court

June 26th 1838 T. Reynolds Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 111)

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[corresponds to labeled page 66 of Will Records Vol. 2 - 1835-1850]


66

Recorded the foregoing Will &c July 17th 1838~

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

19th day of June A.D. 1838 before the Honorable

Joseph R. Swan President & Ezra Griswold & John

Lugenbeel Esqrs, two of his Associates, Judges of the

Court of Common Pleas in & for the County of

Delaware, in the State of Ohio.

This day the last will & testament of George

Hess decd was produced in Court & the testimony of

Joel Z. Mendenhall, one of the subscribing witnesses

thereto being reduced to writing, & now on file with

the will, & it appearing to the Court that Martha Brit-

-son the other witness to the said will is not a resident

of this State, but resides somewhere in the State of

Indiana. On motion, it is ordered that a Commission

issue, with the Will annexed to Joel Z. Mendenhall

Esqr to take the deposition of the said Martha Britson

as to the execution of the said will, & report the said

deposition to the next term of this Court.

And afterwards, to wit, at the Septr term of the

Court of Common Pleas, held for said County, for the

year 1838 the following proceedings were had & entered

in regard to said will, to wit~

This day Joel Z. Mendenhall the Commissioner

heretofore appointed to take the deposition of Martha

Britson touching the execution of the last will and

testament of George Hess decd made report of his

proceedings with the proof by him taken. And the

Court upon examination of the matter consider said

will duly proved & order the same to be recorded.

And thereupon on motion of Almon Stark & Mary

Magdalena Hess the Executors in said will named

it is ordered that letters testementary be granted

them upon their entering into bonds in the sum

of $2000.00? with Leonard Jones & Joel Z. Mend-

-enhall as security. And it is further ordered

that Amos Utley, James Stark & Nicholas
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 112)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 112)

Description

[page 112]

[corresponds to unlabeled page 67 of Will Records Vol. 2 - 1835-1850]


Manville appraise the personal property of said

estate. Be it remembered that I

George Hess of the Township of Kingston, in the Coun

-ty of Delaware & State of Ohio, being in poor health

of body, but through the tender mercy of Almighty

God of sound mind memory & understanding, and

considering the uncertainty of death, do think it

right & proper & incumbent on me to settle my out-

-ward affairs, & do therefore make & publish this my

last will and Testament in manner & form following,

that is to say. First, I will & direct that all my

just debts & funeral expences be duly paid & satisfied

Item, I give & bequeath unto my beloved wife Mary

Magdalena Hess all my property both real, personal

& mixed, during all the term of her natural life,

one half of which to be at her disposal by will at

her decease, & the other half to be disposed of as I

shall herein direct, as follows, to wit. Item, I

will & bequeath unto George Hess son of my brother

Abraham Hess one hundred dollars to be paid to

him at the decease of my wife, if he then has arrived

at the age of twenty one years, & if not arrrived at

that age at her decease, then to be so secured as to

be paid to him when he shall arrive at that age.

Item, I give & bequeath to my neice Polly Matoon, dau-

-ghter of my Brother Isaac Hess deceased, the one half

of the remainder of the aforementioned half of the prop

-erty to be paid to her at the decease of my wife, should

she the said Polly then be living, & in case she should

then be deceased the aforesaid property, shall be equa-

-lly divided between her children, as they arrive at

lawfull age. Item~ I give and bequeath to the

children of my niece, Caty Martin, daughter of my

Brother, Isaac Hess deceased the residue of the afore-

-said half of the property, to be equally divided am-

-ongst them, at the decease of my wife to be paid to

each one respectively as they arrive at lawfull

age. And I nominate & appoint Almon Stark

and my wife Mary Magdalena Hess Executors of

this my last will and Testament and do declare
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 113)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 113)

Description

[page 113]

[corresponds to unlabeled page 68 of Will Records Vol. 2 - 1835-1850]


this only to be my last will & testament. In

witness whereof I the said George Hess the testator

have hereunto set my hand & seal this fifteenth day

of July, in the year of our Lord, one thousand eight

hundred & thirty five

George Hess {seal}

Signed, sealed, pronounced, published & declared by

the said George Hess the testator as & for his will and

testament in the presence of us.

Joel Z. Mendenhall~ Martha X [her mark] Britson

The State of Ohio Delaware County; Ss~

In the Court of Common Pleas, June Term 1838~

Joel Z. Mendenhall being duly sworn in open

Court upon his oath says that the paper now here

produced in Court, purporting to be the last will

& testament of George Hess, & bearing date the fif-

-teenth day of July 1835 was by the said George Hess

on that day executed & published at his residence in

Kingston Township in the said County, as his last

will & testament in the presence of the said Menden-

-hall & Martha Britson witnesses to the said will;

that George Hess then & there signed & sealed the

said will in our /the said witensses/ presence, & that

we then & there in his presence and at his request

& in the presence of each other signed our names

thereto as witnesses, the said Martha Britson making

her mark to her name. That the said George Hess was

then about sixty four years of age, of sound mind

& memory, & acting under no restraint, but of his

own free will & accord. And further say not.

Joel Z. Mendenhall

Subscribed & sworn to in open Court. June 19th 1838

Attest T. Reynolds Clerk~

The State of Ohio Delaware County; Ss~

To the Court of Common Pleas Septr Term 1838

Martha Britson being duly sworn before Joel

Z. Mendenhall Commissioner appointed by the

Court to take this deposition, upon her oath says,

that the paper now here produced to her & purpor-

-ting to be the last will & testament of George Hess

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 114)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 114)

Description

[page 114]

[corresponds to unlabeled page 69 of Will Records Vol. 2 - 1835-1850]


& bearing date the fifteenth day of July 1835 was by

the said George Hess on that day executed &

published at his residence in Kingston Township

in the said County as his last will & testament in

the presence of the said Joel Z. Mendenhall & Martha

Britson witnesses to the said will, that George Hess

then & there signed & sealed the said will in their

/the said witnesses/ presence, & that they then & there

in his presence, & at his request, & in the presence of

each other signed their names thereto as witnesses.

she the said Martha Britson making her mark to

her name, that the said George Hess was then about

sixty four years of age, of sound mind & memory, &

acting under no restraint, but of his own free will

& accord. And further says not.

Martha X [her mark] Britson

Sworn to & subscribed before me the fourth day of Septr

A.D. 1838~ Joel Z. Mendenhall

Recorded the foregoing Will &c Septr 27th AD 1838

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

13th day of Septr AD 1838 before the Honorable Joseph

R. Swan President & Ezra Griswold, John Brundige

& John Lugenbeel Esqrs his Associates, Judges of the

Court of Common Pleas in & for the county of

Delaware, in the State of Ohio.

This day the last will & testament of John

Griffiths decd was produced in open Court & proved

by the testimony of the subscribing witnesses thereto

as reduced to writing, approved & ordered to be

recorded. I, John Griffiths of Radnor

township,in the county of Delaware & State of Ohio

do make & publish this my last will & testament

in manner & form following that is to say. First, It

is my will that my funeral expenses & all my just

debts be fully paid. Second, I give devise & bequeath

to my beloved wife Margaret Griffiths the undivided

half of the farm on which we now live during her

natural life, situated in Range twenty /20/ Townp
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 115)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 115)

Description

[page 115]

[corresponds to unlabeled page 70 of Will Records Vol. 2 - 1835-1850]


six /6/. Section two /2/ Lot 9 1/2 & 12 1/2 U.S.M. lands

it being in Radnor Township Delaware County

Ohio. The whole supposed to contain one hundred

acres, also the one undivided half of all the live

stock on said farm consisting of Horses, Cattle,

Sheep, Hogs &c by me now owned & Kept thereon.

Also all the Household & Kitchen furniture during

her natural life. Third, I give & devise to my son

David R. Griffiths at the death of my said wife the

above described tract of land also all the personal

property that may be left at the death of my said

wife. Provided he pays the following legacies /to wit/

First, to my said wife one hundred dollars if she

sees proper to leave my said son David R Griffiths

& goes to live with some other person. Second, To

my son Edward Griffiths fifty dollars to be paid

in four years from the death of my said wife.

Third, to my son Thomas Griffiths fifty dollars

to be paid in one year from the death of my said

wife. Fourth, to my daughter Margaret Humphreys

twenty dollars to be paid in three years after the

death of my said wife. Fifth, To my daughter

Mary Tuller twenty dollars to be paid in three

years after the death of my said wife. Sixth, To

my Grand daughter Jane Griffiths twenty dollars

to be paid in three years after the death of my said

wife. And lastly, I hereby constitute & appoint my

nephew David Griffiths & my friend Robert Davis

to be the executors for this my last will & testament

revoking & annulling all former wills by me made

& ratifying & confirming this and no other to be

my last will & testament. In testimony whereof

I have hereunto set my hand & seal this first

day of September A.D. 1838.

John X [his mark] Griffiths {seal}

Signed, published & declared by the above named

John Griffiths as & for his last will & testament

in presence of us, who at his request have signed as

witnesses to the same. David Griffiths

Morgan Williams~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 116)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 116)

Description

[page 116]

[corresponds to unlabeled page 71 of Will Records Vol. 2 - 1835-1850]


Delaware County, Ss~ In Court of Common Pleas

Septr Term 1838~ We David Griffiths & Morgan

Williams being duly sworn in open Court depose &

say that the paper now here produced in open Court

purporting to be the last will & testament of John

Griffiths of Radnor Township in the said county,

bearing date the first day of Septr AD 1838 was by him

the said John Griffiths on that day at his residence

in the said Township signed, sealed & published in

our presence as his last will & testament & we in

his presence & in the presence of each other, then &

there signed our names thereto us witnesses, that

the said John Griffiths was then about the age of

sixty two years, of sound mind & memory & not

acting under any restraint.

Morgan Williams~ David Griffiths~

Subscribed & sworn to in open Court Septr 13th 1838

T. Reynolds Clerk~

Recorded the foregoing Will &c Sept 27th 1838

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware, on the 13th

day of Septr AD 1838 before the Honorable Joseph R

Swan President & Ezra Griswold, John Brundige &

John Lugenbeel Esqs his associates, Judges of the Court

of Common Pleas in & for the County of Delaware in

the State of Ohio.

This day the last will & testament of Edith

Smith decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as

reduced to writing, approved & ordered to be recorded

And thereupon on motion of John N Cox & Morgan

Williams the Executors in said will named, it is

ordered that letters testementary be granted them upon

their entering into bonds in the sum of $400.00? with

James R. McKinnie & Benjamin F. Allen as security

And it is further ordered that Robert McIlvain,

Benjamin Herbert & John P. Jones appraise the personal

property of said estate.

I Edith Smith of Radnor township in the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 117)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 117)

Description

[page 117]

[corresponds to unlabeled page 72 of Will Records Vol. 2 - 1835-1850]


County of Delaware & State of Ohio do make & publish

this my last will & testament in manner & form

following that is to say. First, It is my will that

my funeral expences & all my just debts be fully paid.

Second. I give devise & bequeath to my two sons Lewis

& Joel Smith the farm whereon I now live situated

in Radnor township, Delaware County Ohio, Town-

ship five /5/ Section one /1/. Range twentieth /20/

being a part of Lot No 5 in said section township

& Range in the U.S.M. land described as follows

joining the County road from Delaware to Sandusky.

Beginning at the North West corner of Elias Scribner's

land, thence North thirty five rods & six links, thence

East two hundred rods, thence South thirty five rods

& six links, thence West two hundred rods to the place

of beginning, together with the rents of said farm.

also all my Personal property that may be left

after my funeral expences & all my just debts be

fully paid. And lastly I hereby constitute & appoint

John N. Cox & Morgan Williams to be the executors

for this my last will & testament revoking & annul-

ling all former wills by me made & ratifying and

confirming this & no other to be my last will and

testament. In testimony whereof I have hereunto

set my hand & seal this thirty first day of July in

the year of our Lord one thousand eight hundred

& thirty eight.
Edith + [her mark] Smith {seal}

Signed published & declared by the above Edith

Smith as & for her last will & testament in presence

of us who at her request have signed as witnesses to

the same. Wm Boyd~

Morgan Williams

Delaware County; Ss~ In Court of Common Pleas

Septr Term 1838~ We William Boyd & Morgan

Williams being duly sworn in open Court, depose

& say that the paper now here produced in open Court

purporting to be the last will & testament of Edith

Smith bearing date July 31st 1838 was by her the

said Edith on that day at her residence in Radnor
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 118)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 118)

Description

[page 118]

[corresponds to labeled page 73 of Will Records Vol. 2 - 1835-1850]


73

Township in the said County signed, sealed & published

in our presence as her last will & testament and we

in her presence & in the presence of each other then &

there signed our names thereto as witnesses. That the

said Edith Smith was then of the age of forty years

of sound mind & memory & acting under no restraint

Morgan Williams~ Wm Boyd~

Subscribed & sworn to in open Court Septr 13th 1838~

T. Reynolds Clerk~

Recorded the foregoing Will &c ~Septr 28th 1838~

Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware, on the

13th day of Septr AD 1838 before the Honorable Joseph

R. Swan President & Ezra Griswold, John Brundige &

John Lugenbeel Esqs his Associates, Judges of the Court

of Common Pleas in & for the County of Delaware in

the State of Ohio.

This day an authenticated Copy of the Will

of Joseph D. Selden of the County of Saratoga in the

State of New York. proved according to the laws of said

State & having relation to real property within this

County, was presented by Mr. Swan in behalf of the

Executrix to such will, & upon his motion it is ordered

by the Court here, that the same be admitted to record.

The people of the State of New York

By the Grace of God Free and Independent~

{seal} To all to whom these Presents shall come

or may concern~ Send Greeting~

Know ye. that at the City of Troy, in the County of

Renselaer, on the first day of May in the year of our

Lord one thousand eight hundred & thirty seven before

Job Pierson surrogate of the County of Renselaer the

last will and testament of Joseph D. Selden late of the

City of Troy in the said County, deceased /a copy whereof

is hereunto annexed/ was proved and is now approved

& allowed by us: and the said deceased having whilst

living and at the time of his death goods, chattels and

credits within this State, by means whereof the prov-

-ing and registering the said will & granting administra-
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 119)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 119)

Description

[page 119]

[corresponds to labeled page 74 of Will Records Vol. 2 - 1835-1850]


74

-tion of all and singular the said goods, chattels & credits

and also the auditing, allowing & finally discharging

the account thereof doth belong to us; the administration

of all and singular the goods, chattels & credits of the said

deceased and the way concerning his will is granted

unto Ethelinda Selden the sole executrix in the said

will named, she having first taken & subscribed an

oath before the said Surrogate, faithfully & honestly to

discharge the duties of such executrix hereby requiring

you the said Ethelinda Selden executrix to make or

cause to be made a true & perfect inventory of all &

singular the goods, chattels & credits of the said deceased

which have or shall come to your hands, possession

or knowledge; as also to make or cause to be made

duplicates of such inventory, & cause the same to be

signed by the appraisers, & the same so made & signed

that you make return thereof to the Surrogate of the

said County within three months from the date

hereof. In testimony whereof we have caused the

seal of office of our said Surrogate to be hereunto

affixed. Witness, Job Pierson Esquire Surrogate of

the said County of Rensselaer, at his office in the

City of Troy in said County, the first day of June in

the year of our Lord one thousand eight hundred

& thirty seven.

J. Pierson Surrogate~

State of New York. Rensselaer County; Ss~

Be it remembered, that on the 1st day of June 1837

Ethilinda Selden the sole executrix named in the

last will and testament of Joseph D. Selden decd

appeared before me & took & subscribed the oath of

an executrix as by law prescribed. Given under

my hand, at my Office in the City of Troy. in said

County, this 1st day of June 1837.

J. Pierson Surrogate

In the name of God Amen, I Joseph Selden

at present of the village of Ballston Spa, in the

County of Saratoga & State of New York do make &

publish this my last will & testament in manner

& form following, that is to say. First, I give and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 120)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 120)

Description

[page 120]

[corresponds to labeled page 75 of Will Records Vol. 2 - 1835-1850]


75

bequeath to my wife Ethelinda Selden all my person-

-al Estate of every Kind & description, which I may

own at the time of my death, To have & to hold the

same to her and her legal representatives forever,

Second I give and devise to my said wife Ethelinda

all the real estate and chattels, Real which I may

own or be possessed of at the time of my death of what

nature soever the same may be, or wheresoever the same

may be situated. To have and to hold the same to her

the said Ethelinda, her heirs and assigns forever~

Third~ I hereby nominate, constitute and appoint

my said wife Ethelinda Sole executrix of this my

last will & testament. Fourth, I hereby expressly

revoke all other wills be me at any time made.

In witness whereof I have hereunto set my hand

and seal this eighteenth day of April one thousand

eight hundred & thirty six.

Joseph D. Selden LS.

Signed, sealed, published & declared by the Testator to

be his last will and Testament in the presence of us, who

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

each other, have hereunto subscribed our names as witnesses.

Lebbens Booth of Ballston Spa. Saratoga County~

Lucretia Booth of Ballston Spa. Saratoga County~

I certify the foregoing to be a true Copy of the last will

& testament of Joseph D. Selden deceased June 1st 1837,

J. Pierson Surrogate~

Recorded the foregoing authenticated Copy of Will etc~

Septr 29th 1838~ Attest~ T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the

17th day of Septr AD 1838 before the Honorable Joseph

R. Swan President & Ezra Griswold, John Brundige

& John Lugenbeel Esqrs his Associates, Judges of the

Court of Common Pleas in & for the County of Delaware

in the State of Ohio.

This day the last will and testament of Thomas

Davies decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as

reduced to writing, approved and ordered to be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 121)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 121)

Description

[page 121]

[corresponds to labeled page 76 of Will Records Vol. 2 - 1835-1850]


76

recorded. I Thomas Davies of Delaware

Township, Delaware County & State of Ohio, being weak

in body but sound in mind understanding & memory

&c Do hereby make my last will and testament in the

following manner, that is to say, 1. That all my just

debts and funeral expenses be fully paid by my admin-

-istrators herein after named. 2. I give devise and

bequeath to my wife Elizabeth during her natural

life, the farm, or tract of Land being in the County

of Delaware in Range 19. Township 5. Section 3 United

States Military land bounded as follows, to wit, com-

-mencing at the point where the west line of Abraham

Williams Land crosses the Delaware run thence South a

long said line and Azariah Root J. west line to the

section line, thence west fifty five rods, thence North

along Moses Thompsons east line & C.B. Campbells east

line to a Beach Walnut-tree near Delaware run thence

East to said run thence down said run to the place

beginning containing one hundred & twenty acres.

3. After the death of my much esteemed wife, it is my

will & request that the above tract of land to be equally

divided among my four children viz. William Davies

my eldest son, who lives with me at present. 2. David

Davies, who is now living in Wales. Jedidiah Davies who

lives home & Elizabeth Davies my daughter. 4. I nom-

-inate and appoint William Davies my eldest son to

be joint administrator together with my much beloved

wife Elizabeth of this my last will an Testament and

hereby disannulling and revoking all former will or

wills heretofore by me made and declare this to be my

last will and testament. In witness thereof I hereunto

set my hand seal the twelfth day of May one

thousand eight hundred & thirty eight.

the mark Y of {seal}

Thomas Davies the Testator~

Signed, published and declared by the above named

Thomas Davies as and for his last will and testament

in the presence of us, who at his request have signed

as witnesses to the same~

Abraham Edwards~ Evan Davies~

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 122)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 122)

Description

[page 122]

[corresponds to labeled page 77 of Will Records Vol. 2 - 1835-1850]


77

The State of Ohio Delaware County; Ss~

In the Court of Common Pleas. September Term 1838

We Abraham Edwards & Evan Davies being duly

sworn in open Court upon our oaths depose and say

that the paper now here produced in open Court, pur-

-porting to be the last will & testament of Thomas

Davies bearing date the twelfth day of May AD 1838

was by the said Thomas Davies on the day of the date

thereof at his residence in the Township of Delaware

in the said County in our presence signed with his

mark to his name, and then & there by him published

as his last will & testament in our presence. & we then

& there in his presence, at his request, & in the presence

of each other signed our names thereto as witnesses,

that the said Thomas Davies was then about

years of age, of sound mind & memory and acting

under no restraint, and further say not.

Abraham Edwards~ Evan Davies~

Subscribed & sworn to in open Court, Septr 17th 1838

T. Reynolds Clerk~

Recorded the foregoing Will &c Septr 29th 1838

Attest~ T. Reynolds Clerk~


Pleas held at a special Court held at the Court House in Dela-

-ware on the 18th day of December A.D. 1838 before the Honorable

Ezra Griswold, John Brundige & John Lugenbeel Associate

Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio.

This day the last will & testament of Gilbert Carpen-

-ter decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing, appro-

-ved & ordered to be recorded. And thereupon on motion of

Henry Carpenter & James H. Cutler the Executors in said will

named, it is ordered that letters testamentary be granted them

upon their entering into bonds in the sum of $2000.00? with

Benjamin Carpenter 2nd & Alpheus Bigelow as security.

And it is further ordered that Francis Williams, Amos

Searles & Ira Arnold appraise the personal property of said

estate. I Gilbert Carpenter of the County

of Delaware and State of Ohio being in perfect sound and

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 123)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 123)

Description

[page 123]

[corresponds to labeled page 78 of Will Records Vol. 2 - 1835-1850]


78

disposing mind and memory and understanding consider-

-ing the uncertainty of life, do make this my last will and

testament in manner following that is to say. 1st My will

is that the expences of my last sickness and funeral be first

paid. 2nd All just debts by me owing at the time of my

death. 3rd That the balance of my personal property be

divided as follows, to wit, Enough to my beloved wife to

make her comfortable through her lifetime to be set of to

her by three disinterested men, and the remainder to

be equally divided with all my heirs. 4th And all the

real estate that I possess in any way or manner in the

village of Galena unto my two sons to wit, Henry & George

B. Carpenter to have & to hold to them and their heirs forever

as their own proper estate of inheritance. 5th The farm on

which I now live to my beloved wife her lifetime & then

to be divided as follows to wit, as two is to three that is to say

three to my three sons Henry, Lyman & George B. Carpenter

and two to my daughter Mary Scovill also two to the heirs

of Eleazer, deceased. 9th Lastly I do hereby constitute and

appoint Henry Carpenter & James H. Cutler of the County

of Delaware & State of Ohio to be the executors of this my

last will and testament, revoking & annulling all former

+by me heretofore made ratifying & confirming this+

In testimony whereof I have hereunto set my

hand and seal this 7th December in the year of our Lord 1838.

Gilbert X [his mark] Carpenter {seal}

Signed sealed published and declared by Gilbert Carpenter

the above testator as and for his last will and testament in

the presence of us who at his request & in his presence

have subscribed our names as witnesses thereto.

Hiram Carpenter

Alpheus Bigelow

The State of Ohio Delawaare County, Ss~

At the special session of the Court of Common Pleas for the

said County held at the Clerk's Office in the Town of Del-

-aware on the 18th day of December AD 1838 Hiram

Carpenter & Alpheus Bigelow being sworn in open Court

upon their oaths say that the paper now here produced

in Court purporting to be the last will & testament of

Gilbert Carpenter late of the said County since decd.

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 124)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 124)

Description

[page 124]

[corresponds to labeled page 79 of Will Records Vol. 2 - 1835-1850]


79

bearing date the 7th day of December AD 1838 was signed

sealed and published by the said Gilbert Carpenter at his

residence in the said County on the day of the date thereof

in our presence and that we in his presence, and in the

presence of each other at his request signed our names

thereto as witnesses; and which the said Gilbert Carpenter

then & there acknowledged the signing thereof as his

will & testament. And they say that the said Gilbert

Carpenter was then about the age of sixty six years of

sound mind & memory and not acting under any re-

-straint, and further say not. Alpheus Bigelow

Hiram Carpenter~

Subscribed & sworn to in open Court Decr 18th 1838

T. Reynolds Clerk~

Recorded the foregoing Will etc. Decr 24th 1838

Attest~ T. Reynolds Clerk~


Pleas at a special Court held at the Court House in Delaware

on the 29th day of Jany A.D. 1839 before the Honorable

Ezra Griswold, John Brundige & John Lugenbeel Esqr

associate Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio

This day the last will & testament of James

McNear decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as red-

-uced to writing, approved & ordered to be recorded. And

thereupon on motion of Major Evans one of the Executors

in said will named /Deanna McNear the other Exr

therein named having declined acting as per file/ it is there-

-upon ordered that letters testamentary be granted to the

said Major Evans upon his entering into bonds in the sum

of $1500.00? with Benjamin T. Vail & Wheeler Whitney

as security. And it is further ordered that Robert S.

Kelso, Amza Crane & Enos Wilson appraise the person-

-al property of said estate.

I James McNear of the County of Delaware in

the State of Ohio do make & publish this my last will &

testament in manner & form following that is to say.

First, It is my will that my funeral charges and all

my just debts be fully paid. Second, I give devise &
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 125)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 125)

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bequeath to my beloved wife Deanna McNear in lieu

of her dower the use of the farm on which we now reside

containing Eighty+ it being a part of the South east quar-

-ter bounded on the east by forty acres belonging to

Josiah S. Bennet on the South by the section line on the

west by fifty acres I sold to Daniel McNear and on the

North by Martin Mead also the use of all my loose

property till my youngest Child becomes fourteen years

of age after which time she is to have one third of the

aforesaid property during her natural life. Third, It

is my will after my wife is done with the aforesaid

property that the Land herein specified be equally

divided between my two sons Abram & James Mc

Near my son Daniel having his portion set off during

my life time this article of my will is upon this express

condition that my two sons Abram & James pay to my

daughters the full sum of thirty dollars a piece before

they can lawfully inherit the aforesaid legacy. Fourth

It is my will that after my wife is done with the use

of my loose property that it be equally divided between

all my children. And lastly I hereby constitute and

appoint my said wife Deanna McNear and my son-

in law Major Evans to be the executors of this my last

will & testament revoking and annulling all former

wills by me made and ratifying and confirming this &

no other to be my last will and testament, in testimony

whereof I have hereunto set my hand and seal this

Jan. 14th 1839. James x [his mark] McNear {seal}

Signed published and declared by the above

named James McNear as and for his last will and

testament in presence of us who at his request have signed

as witnesses to the same. Robt. S. Kelso

Benjamin T. Vail~

The State of Ohio Delaware County, Ss~

At a special session of the Court of Common Pleas for

the said County held at the Clerks Office in the Town

of Delaware on the 29th day of January 1839 Robert

S. Kelso & Benjamin T. Vail being sworn in open

Court upon their oaths say that the paper now here

produced in Court & which purports to be the last

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 126)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 126)

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will & testament of James McNear late of the said

County decd bearing date the 14th day of January 1839

was signed sealed & published by the said James McNear

at his residence in the said County on the day of the date

thereof in our presence & that we in his presence & in

the presence of each other at his request signed our names

thereto as witnesses & the said James McNear then and

there acknowledged the execution thereof as his last

will and testament, & they say that the said James

McNear was about the age of sixty years & of sound

& disposing mind & memory & not acting under any

restraint & further say not. Robt S. Kelso

Benj. T. Vail

Subscribed & sworn to in open Court Jany 29th 1839.

T. Reynolds Clerk~

Recorded the foregoing Will etc Jany 30th 1839

Attest T. Reynolds Clerk~


Pleas held at the Court House in Delaware on the 6th

day of March AD 1839 before the Honorable Joseph R

Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqr his associates, Judges of the Court of Com-

-mon Pleas in & for the County of Delaware in the State

of Ohio.

This day the last will & testament of Simon Condit

decd was produced in open Court & proved by the testimony

of two of his subscribing witnesses thereto as reduced to wri-

-ting, approved & ordered to be recorded. And thereupon on

motion of Jotham Condit & Alvin P. Condit the executors in

said will named, it is ordered that letters testementary be

granted them, upon their entering into bonds in the sum

of $7000,00? with Allen McLane & Titus Knox as

security. And it is further ordered that Squire Wheaton,

Silas Ogden & Isaac Gregory appraise the personal property

of said estate.

In the name of God Amen, I Simon Condit of

Trenton township in the County of Delaware & State of

Ohir being of sound mind and memory do make and

publish this for my last will and testament.

Item, I give and bequeath to my dear wife Elizabeth
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Condit her choice of the house or a room of my house,

and the use of my farm on which I now live, as long

as she may remain my widow, two Cows, one horse &

one chair or wagon. Item, I bequeath to my said

dear wife Elizabeth forty dollars annually during her

life, and in case of her marriage to have the same paid

to her notwithstanding, or to her order only, it being my

intent that the same shall not be payable to, or liable to

the order of her said husband, if accepted, if not accepted

as such within forty days after my decease, then my will

is that the said anuity be void. Item, I give & bequeath

to my six daughters that is Electa Ward, Polly Harrison

Naomi Ward, Jemima Pierson, Rebekah Condit and

Matilda William each fifty dollars a piece. Item,

All the rest & residue of my estate after payment of

debts, legacies & funeral expenses both real & personal

I give and devise to my two sons Jotham Condit and

Alvin P. Condit, and to the widow & heirs of my deceast

son Joseph S. Condit in three equal shares, to their heirs

and assigns forever, to share alike in fee simple.

I appoint my two sons Jotham Condit and Alvin P.

Condit execotors of this my testament & last will.

In witness whereof, I have hereunto set my

hand and seal this twenty fifth day of January in the

year of our Lord one thousand eight hundred & thirty

six. Simon Condit {seal}

Signed, sealed, published and declared by the said

Simon Condit to be his testament and last will in

presence of us. Gilbert Vandorn, Samuel Peck

Amos W. Condit~

Gilbert Vandorn & Amos W. Condit being first duly sworn

say that the paper herewith presented which purports to

be the last will & testament of Simon Condit was execu-

-ted by said Simon Condit since deceased in their presence

& in their presence by him declared to be his last will

& testament & that they also subscribed their names to

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

his request, that in their opinion the said Simon Condit

was at the time of the execution of said will of sound

& disposing mind & memory & full age to wit; about 77
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years and not under any restraint. Amos W. Condit says

on reflection that he did not see said Simon Condit actu-

-lly sign, but after the execution the said Simon Condit

showed him the will & execution & declared it to be his

signature & the content to be his last will & testament

Gilbert Vandorn~

Amos W. Condit~

Subscribed & sworn to in open Court March Term 1839~

T. Reynolds Clerk~

Recorded the foregoing Will &c March 20th 1839~

Attest Wm D. Heim Clerk~


Pleas held at the Court House in Delaware on the 14th day

of May AD 1839 before the Honorable Joseph R. Swan

President, & John Brundige, John Lugenbeel & Ahab

Jinks Esqs his associates, Judges of the Court of Common

Pleas in & for the County of Delaware, in the State of Ohio.

This day the last will & testament of Robert

Davis decd was produced in open Court & proved by the

testimony of two of the subscribing witnesses thereto as

reduced to writing, approved & ordered to be recorded.

And thereupon on motion of Morgan Williams & John

P. Jones the Executors in said will named. It is ordered

that letters testementary be granted them upon their

entering into bonds in the sum of $400.00 with Eben-

-ezer Williams & William Edwards as security. And

it is further ordered that Robert R. Thomas, David

Pendry & William Williams appraise the personal

property of said estate.

I Robert Davis of the Township of Troy in the

County of Delaware & State of Ohio, do make & publish

this my last will & testament in manner & form fol-

-owing that is to say. First, It is my will that my

funeral expences & all my just debts be fully paid.

Second, I give devise & bequeath to my daughter

Mary Williams her heirs & assigns the farm that

I now live on situate in Township 6th Range

Nineteenth U.S.M. (congress) in Tro township Delaware

County, Ohio. Also all my Personal Property & house-

-hold & Kitchen furniture (except the articles that I
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shall bequeath to my other children) (Provided) that my

said daughter Mary Williams her heirs, executors or

administrators shall pay or cause to be paid the follow-

-ing legacies (to wit). First, To my daughter Elizabeth

Price or her heirs five dollars. Second, To my Grand

sons Robert & William Davis sons of my son John Davis

decd one dollar each. Third, To my daughter in law

Margaret Davis one dollar. Fourth, To my daughter

Catherine Davis or her heirs one hundred dollars.

The above legacies to be paid in five years after my

death. Third, I give devise & bequeath to my daughter

Catherine Davis, my Clock, brass warming Pan & Brass

Tea Kettle. It is also my will that my said daughter

Mary Williams shall cause to be erected a Head

Stone at the head of my wife's grave, stating the time

of her death, of my death, & of my son John's death with

our respective ages within one year after my death.

And lastly, I hereby constitute & appoint my friends

John P. Jones & Morgan Williams to be the Executors

for this my last will & testament revoking & annulling

all former wills by me made, & ratifying & confirming

this & no other to be my last will & testament

In testimony whereof, I have hereunto set my hand

& seal this 13th day of Decr 1838.

Robert X [his mark] Davis

Signed, published & declared by the above named

Robert Davis as & for his last will & testament in

presence of us who at his request have signed as

witnesses to the same. William Edwards~

William Williams

Morgan Williams

Personally appeared in open Court Morgan Williams &

William Edwards who being duly sworn, do depose &

say that on the 13th day of Decr 1838, they were at Robert

Davis house in Troy Tp Delaware County, and the said

Robert was then of sound & disposing mind & memory

and called upon them to witness his last will & testament

which is now here produced in Court, that they did

in compliance with the request of the said Robert Davis

subscribe their names as witnesses to his said will,
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and that said Robert requested them to do so & declared

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

Davis died sometime in the month of April last 1839,

leaving the said last will here produced unrevoked as

deponante verily believe. Morgan Williams

William Edwards~

Subscribed & sworn to in open Court May 14th 1839~

WD Heim Clerk~

Recorded the foregoing Will etc May 25th 1839

Attest WD Heim Clerk~


Pleas held at the Court House in Delaware, on the 6th day

of Macrh AD 1839, before the Honorable Joseph R. Swan

President & John Brundige, John Lugenbeel & Ahab Jinks

Esqr his associates, Judges of the Court of Common Pleas,

in & for the County of Delaware & the State of Ohio.

This day the last will & testament of James Landon

decd was produced in Court, & his testimony of Elijah

Adams one of the subscribing witnesses thereto reduced to

writing & filed; And it appearing to the Court that Juda

Chase the other witness to said will is a resident of

Williams County in this State, on motion, ordered that

a commission issue with the will annexed to John

Lafferty a Justice of the Peace of said County, to take the

deposition of the said Juda Chase as to the execution

of the said will, & report the same to the next term of

this Court, to which time this matter is continued.

And afterwards, to wit, at the May Term of the Court

of Common Pleas, held for said County, for the year 1839.

The following proceedings were had & entered in regard

to said will, to wit.

This day John Lafferty the Commissioner heretofore

appointed to take the deposition of Juda Chase touch-

-ing the execution of the last will & testament of James

Landon decd made report of his proceedings, with the

proof by him taken. And the Court upon examination

of the matter, consider said will duly proved, & order the

same to be recorded. I James

Landon of the County of Delaware in the State of

Ohio do make & publish this my last will & testament
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in manner & form following, that is to say. First, It is

my will that my funeral expences & all my just debts

be fully paid. Second, I give & devise to my youngest

son James Landon all my live stock, goods & chattels

money and effects whatever to me belonging, and to his

heirs & assigns forever. And lastly, I hereby constitute &

appoint my youngest son James Landon to be the

Executor of this my last wills by me made & revoking &

confirming this & no other to be my last will and

testament. In testimony whereof, I set my hand & seal

this 26th day of June AD 1829.

James Landon {seal}

Signed, published & declared by the above James Landon

and for his last will & testament in the presence of

us, who at his request have signed as witnesses to

the same. Elijah Adams~

Juda Chase~

Delaware County;Ss Personally appeared in open Court

Elihah Adams who being duly sworn uupon his oath says

that the paper now here produced in open Court, purporting

to be the last will & testament of James Landon bearing

date the 26th day of June AD 1829 was duly published

by the said James Landon as his last will & testament

on the day of the date thereof at Radnor in the said

County, in the presence of this deponent & Juda Chase

& that the said James Landon then & there signed &

sealed the same as such will in our presence /the said

deponent & Juda Chase/ and that we in his presence

& in the presence of each other & at his request, signed our

names as witnesses thereto. That the said James Landon

was then of the age of about seventy years at least,

was of sound mind & memory & not acting under any

restraint, and further say not.

Elijah Adams~

Subscribed & Sworn to in open Court, March 6th 1839.

To the Court of Common Pleas for the County of

Delaware, in the State of Ohio. In pursuance

of the command of a Commission to me the said
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John Lafferty directed by the Court, personally came

before me the said Juda Chase on the tenth day of May

AD 1839 at the township of Delaware in the County of

Hancock in the State of Ohio, & the said Chase being by

me duly sworn upon his oath says that the paper now

here produced purporting to be the last will & testament

of James Landon bearing date the 26th day of June

AD 1829 was duly published by the said James Landon

as his last will & testament on the day of the date there-

-of at Radnor in Delaware County, in the presence of

this deponent & Elijah Adams, & that the said James

Landon then & there signed & sealed the same as such

will in our presence /the said deponent & Elijah Adams/

& that we in his presence & in the presence of each other,

& at his request signed our names as witnesses thereto

That the said James Landon was then of the age of about

eighty four years at least, was of sound mind & memory

& not acting under any restraint, and further say

not. Juda Chase

Sworn & subscribed to the day & year first above written

Before me John Lafferty Commissioner

Recorded the foregoing Will etc May 25th 1839

Attest~ WD Heim Clerk~


Pleas held at the Court House in Delaware on the 18th day

of Septr AD 1839 before the Honorable Joseph R swan

President & John Brundige, John Lugenbeel & Ahab Jinks

Esqr his Associates, Judges of the Court of Common Please

in & for the County of Delaware in the State of Ohio.

This day the last will & testament of Henry

Hoskins decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced to

writing approved & ordered to be recorded. And thereupon

on motion, it is ordered that Lucy Hoskins the widow of

the said decd be appointed Administratrix on the said Estate

with the said will annexed, who is ordered to enter into bonds

in the sum of $500,00? with Roswell Fields & James

Fields as security. And it is further ordered that Zera

Linsley, Nicholas Money & Samuel Landon appraised

the personal property of said Estate, & thereupon the
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said Lucy Hoskins appeared in open Court and made

her election not to take under the said will.

I Henry Hoskins of the Township of Thompson &

County of Delaware & State of Ohio do make & publish

this my last will & testament. 1st I give & devise

to my beloved wife all my moneys goods & chattels, beds

& bedding, household & kitchen furniture provisions &

other goods & chattels which may be thereon at the time

of my decease to have the same for her own use as her

dower of my property, after my just debts is paid. 2d

It is my will that my father John Hoskins shall have

the farm on which I now live situate in the town-

ship of Thompson & County of Delaware & State of

Ohio, on the west side of the Scioto River by paying

what there is now due to Baum & Perry & have the

deed in his own name & for his own use & to pay the

said Thrashers five dollars for clearing a certain piece

of land which they are now at work at, and to pay

for my shroud & coffin. 3d It is my will that my

brother Jacob Hoskins shall have my saddle & my

great Coat. In testimony whereof I have hereunto

set my hand & seal this 2d day of March in the

year 1839. Henry Hoskins {seal}

Signed & acknowledged by said Henry Hoskins

as his last will & testament in our presence & signed

by us in his presence. Israel Waters)

James Landon ) wits.

In addition to the above it is my wish that my wife

Lucy Hoskins should have the one half of my share

of the wheat, corn, potatoes & the hay that is now grow-

ing on the said farm, & that my father John Hoskins

shall have the other half, as witnesses my hand, and

seal this 25th day of June AD 1839.

Witnesses Henry Hoskins {seal}

James Landon ~ Israel Waters

Court of Common Pleas September Term 1839~

Delaware County: Ss~ Israel Waters & James Landon

being duly sworn in open Court upon their oaths say that

the paper now produced in Court purporting to be

the last will & testament of Henry Hoskins decd

dated on the 2nd day of March 1839 & a codicil thereto

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dated June 25th 1839 was signed by the said Henry Hoskins

both to the will & codicil at the date thereof in our pres-

-ence at his residence in Thompson Township in the said

County & then & there published as his last will & testament

& we then & there in his presence, at his request & in the

presence of each other signed our names as witnesses thereto,

that the said Henry Hoskins was then of the age of twenty

seven years at least, of sound mind & memory & acting

under no restraint & further say not.

Israel Water ~ James Landon

subscribed & sworn to in open Court Sept Term 1839.

Attest ~ W D Heim Clerk

Recorded the foregoing Will &c Sept 26th 1839 ~

Attest ~ W D Heim Clerk ~


Pleas held at the Court House in Delaware on the

19th day of Sept AD 1839 before the Honorable Joseph R

Swan President & John Brundige, John Lugenbeel & Ahab

Jinks Esqs his Associates, Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Ohio

This day the last will & testament of

Alpheus Pierce decd was produced in open Court & pro-

-ved by the testimony of the subscribing witnesses thereto

as reduced to writing, approved & ordered to be recorded.

And thereupon, on motion of John Pierce & Alpheus Pierce

Jr the Executors in said will named, it is ordered that

letters testamentary be granted them upon their entering

into bonds in the sum of $200.00? with Lemuel

Humphrey & Abner P. Pinney as security. And it is

further ordered that Salmon Moses, Willard Hill and

Abel Dixon appraised the personal property of said Estate

I Alpheus Pierce Seignior of the County of Delaw-

-are in the State of Ohio do make & publish this my last

will & testament in manner & form following that is to

say. First, It is my will that my funeral expenses &

all my just debts be fully paid. Second, I give devise

& bequeath to my beloved wife Mary Pearce the planta

-tion on which we now reside situate in Liberty township

it being the one half of said farm owned with Alpheus

Pierce Jr. and all my personal property, during her nat-

-ural life, & further it is my will that after her death
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my son John have one third of said farm & my daughter

Phebe have one third of said farm, and the other third

to be devised by her at her own will so that my son

Sebry have the use of her thirds during his life.

and lastly, I hereby constitute & appoint my said son

John Pierce & Alpheus Pierce Jr to be the executor of this

my last will & testament revoking & annulling all

former wills by me made & ratifying & confirming

this & no other to be my last will & testament. In tes-

timony whereof I have hereunto set my hand this

twenty fourth day of May AD 1839.

Alpheus Pierce

Signed, published & declared by the above named Alpheus

Pierce as & for his last will & testament in presence of

us, who at his request have signed as witnesses to the

same. Lemuel Humphrey

Aaron C. Humphrey

Court of Common Pleas Sept. Term 1839. Delaware County Ss

Semuel Humphrey & Aaron C. Humphrey being duly

sworn in open Court upon their oaths say that the

paper here produced in open Court purporting to be

the will of Alpheus Pearce dated May 24th 1839 was

signed by the said Pierce in our presence at his residence

in Liberty township in the said County on the day of

the date thereof, & was then & there published as his last

will & testament, and we then & there at his request in his

presence & in the presence of each other signed our names

thereto as witnesses, that the said Pierce was then about

the age of seventy years of sound mind & memory & not

acting under any restraint, and further say not.

Lemuel Humphrey ~ Aaron C. Humphrey

Subscribed & sworn to an open Court, Sept Term 1839

W.D. Heim Clerk~

Recorded the forgoing Will &c Sept 26th 1839

Attest ~ W.D. Heim Clerk


Pleas held at the Court House in Delaware on the

21st day of September AD 1839 before the Honorable Joseph

R. Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqr his Associates, Judges of the Court of

Common Please in & for the County of Delaware in
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The State of Ohio ~ On motion, ordered that the

Authenticated Copy of the Will of Benjamin F. Tracy

decd now produced in open court, proves according to

the Laws of this State before the Court of Common Pleas

for the County of Geauga, & having relation to property

in this County, be admitted to record, among the record

of Wills for this County. J. B. F. Tracy of

Painesville Geauga County & State of Ohio do make and

publish this my last will & testament in manner & form

following, that is to say. First It is my will that all

my just debts be fully paid. Second, I give to my beloved

wife the House & Lot we now reside in, & Lot adjoining

being East part of Lot No 53. & all the appurtenances on the

said two lots (not otherwise disposed of) and all the House

-hold Furniture In lieu of her dower, to have & to hold the

same during her widowHood. Third, I give & devise to

my eldest daughter Helen Mary Antoinette Tracy, Five

Thousand dollars. Fourth, I give & devise to my second

daughter Ann Maria Tracy six thousand dollars, she

being deformed I feel it my duty to show this partiality

in making a dividend of my property. Fifth, I give

& devise to my youngest daughter Agnes Tracy Five

thousand dollars. Sixth, At my decease should I

have any further issue in fact or expectancy, my will

is that they share in the same proportions as above

allotted, and at my decease should my property be

inadequate to discharge or pay the legacies, then and

in that case an equal distribution to take place in

the above proportions, & should my property exceed those

sums, then an equal distribution among my said

children to take place, after paying the following

sum or bequests (viz) I forgive & discharge the debt

or demand I have against my Brother Charles Edwin

Tracy & further I give & bequeath to him all my wear-

ing apparel. I give & bequeath to all my sisters cash &

every of them (except Mrs Hills who is well off) the sum

of one hundred dollars to purchase mourning &c.

To Varnam J. Card I give my gold watch with a

desire that he may never part with it. It is my wish

& desire & last advise to my daughters that they do

not marry until they arrive at the age of Twenty as
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after that time they will be liable to see trouble enough

I appoint my dear beloved wife the Guardian with

my advice that each are sent abroad to good boarding

school at the age of eleven years & kept herein at least

for the term of three years, that they be well & thoroughly

instructed in all the branches of Domestic House Wifery

& a good knowledge of all kind of Common House

work & Kitchen Cookery &c &c. It is my wish that

VJ Card should superintend & if possible take the whole

management of settling my affairs & estate & to that

end & purpose I hereby appoint him my Executor

with full power to settle each & every demand in law or

equity & hereby authorise & empower him to sell and

dispose of any part or all of my real estate at his

will & please_ with this proviso, in case it should be

required by my beloved wife or her friends that he

give bail for any part or all of such property as may

go into his hands, that he do the same when required.

the Stock I own in the Geauga Iron Co. I should advise

disposed of if it can be done without too great a

sacrifice, & the proceeds invested in real estate in the

town of Cleveland or else where as may be thought

best, tho Capital I have in the Store viz five thousand

dollars, besides one equal half of all the profits, this

I wish as soon as it can be realized put into Bank

Stock in some well regulated Bank & kept as a

resort for cash as dividends may become due, If the

business of the Store is judiciously wound up it will

yield a net profit of Ten thousand dollars, half of

which is mine, I wish good tenants kept in all my

buildings (& when any doubts exist as to safety) have

the rent secured or paid in advance, & at all times

paid semi-annually. In testimony whereof I have

hereunto set my hand & seal this 28 day of August

1833. B.F. Tracy {seal}

Signed, published & declared by the above named

B F Tracy as and for his own act & deed in presence of

Abijah Merrill ~ S Corning ~

The State of Ohio Geauga County Ss

J D.D. Aikin Clerk of the Court of Common Pleas
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 138)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 138)

Description

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[corresponds to labeled page 93 of Will Records Vol. 2 - 1835-1850]


93

for said County, do hereby certify that the within will

of Benjamin F. Tracy deceased, was duly proven in

said Court by the oaths of Abijah Merrill and Solon

Corning the subscribing witnesses, at the March Term

of said Court AD 1834 as appears by the Records of

said Court. In testimony whereof I hereunto

{seal} set my hand and affix the seal of said

Court, at Chardon this 1st day of April

AD 1837 DD Aikin Clerk

Recorded the foregoing authenticated copy of

Will &c Sept 26th 1839.

Attest ~ WD Heim Clerk~


Pleas held at the Court House in Delaware on

the 21st day of Sept AD 1839 before the Honorable Joseph

R. swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esq his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in the

State of Ohio. On motion, ordered that the

authenticated copy of the will of George Lewis decd now

produced in open Court, proved according to the laws of

the State of New York, & having relation to property in

this County, be admitted to record, among the record of

wills of this county. I Geo. Lewis, being of sound

& disposing mind & memory make this my last will &

testament, hereby revoking all others. First, I leave my

excellent wife Drusilla Lewis sole Executrix, Saml Corp

Merchant of New York, William Elliott of the City of

Washington my Bro-in-law late in the Patent office in

the City of Washington & Jonathan Robert formerly Senator

in Congress for the State of Pennsylvania & Ethel Town

of the City of New York, but now on his travels - leave

to each of the above for the trouble I may give them in

executing the above commission one hundred pounds

Sterling. I leave to my good wife Drusilla Lewis for-

merly D. Howlett, the whole of my property, both real

& personal of every sort and kind, after the decease of

my before mentioned wife, my effects both real & personal

are to be divided between the following persons viz.

William Elliott in Washington my Bro-in-law, my
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 139)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 139)

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wives two two nephews, Thos L. DeWitt & Geo. Lewis

DeWitt, both minors and are not to receive the preceeding

until they are of full age, to carry the above into full

effect. I empower the Executor to make sale of the

fast estate and lodge the proceeds with the Executrix

who is to enjoy the whole during her life, and then to

be divided as before described, but it must be understood

that there must be no division until the Executrix

finds it convenient, as the well assertained debts must

be first paid after the decease of my wife. The division

must take place as tenants in common, not as joint

tenants = I likewise leave to my old friend James

Smith of Maidston in the County of Kent as a mark

of my respect, one hundred pounds sterling, & to my

Bro. David Lewis, if living at my decease one hun-

-dred pounds Stg. It is to be understood that the persons

designated that are to receive the property after the

decease of my wife Drusilla Lewis that it is left to

them their heirs & assigns forever, Maidstone 28. May

1830. Geo. Lewis. O.

Signed, sealed, published & declared by said George

Lewis the Testator, as & for his last will & testament in

the presence of us, who in his presence, and at his request

& in the presence of each other have subscribed our names

as witnesses, Mary Smythe, Ann Pearce, Clem T.

Smythe, Maidstone ~

The People of the State of New York ~

By the grace of God. Free and Independant. To all

to whom these Presents shall come or may concern

Send Greeting. Know Ye, That at the County of

New York, on the ninth day of August, in the year of

our Lord one thousand eight hundred & thirty one before

the Court of Chancery of the State of New York the last

will & testament of George Lewis deceased (a copy whereof

is hereunto annexed) was proved, and is now approved &

allowed by us, and the said George Lewis died out of the

State of New York, and not being an inhabitant thereof

but leaving assets at the time of his death in the County

of New York, by reason whereof the proving and registering

of the said will and the granting Administration of

all and singular the goods, chattels & credits of the said

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 140)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 140)

Description

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testator, and also the auditing, allowing & final dischar-

-ging the account thereof, doth belong unto the Surrogate

of the said County; the Administration of all & singular

the goods, chattels & credits of the said deceased, and any

way concerning his will, is granted unto Drusilla Lewis

the Executrix in the said will named, she being first duly

sworn faithfully & honestly to discharge the duties of

such Executrix. In testimony whereof, we have caused

the seal of office of our suggogate to be hereunto annexed.

Witnesses, James Campbell Esquire Surrogate of our said County

at the City of New York, the seventeenth day of September

in the year of our Lord one thousand eight hundred and

thirty one, and of our Independance the fifty sixth.

James Campbell Surrogate

The People of the State of New York ~ By the Grace of

God, Free Independent ~ To all to whom these presents

shall come, or may concern ~ Send Greeting ~

Know Ye, That at the County of New York on the ninth

day of August, in the year of our Lord, one thousand eight

hundred & thirty one before the Court of Chancery of the

State of New York, the last will & testament of George Lewis

deceased, was proved, and is now approved & allowed by us;

and the said George Lewis not being an Inhabitant of this

State, lately died out of this State, leaving assets in the Coun-

-ty of New York by reason whereof the proving & registering

of the said will & the granting Administration of all and

singular the goods, chattels and credits, of the said testator,

and also the auditing, allowing & final discharged the

account thereof, doth belong unto the Surrogate of the

said County, the administration of all & singular the

goods, chattels & credits of the said deceased, and any way

concerning his will, is granted unto William Elliot, in

confirmation with Drusilla Lewis (one of the Executors in

the said will named) he being first duly sworn faith-

fully & honestly to discharge the duties of such Executor

In testimony whereof, we have caused the seal of office

of our surrogate to be hereunto annexed, witnesses, James

Campbell Esquire, Surrogate of our said County, at the

City of New York, the nineteenth day of November in

the year of our Lord one thousand eight hundred and

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 141)

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thirty one and of our Independence fifty sixth

James Campbell Surrogate

State of New York, City & County of New York,

surrogates Office; Ss, I James Campbell Surro-

gate of the County of New York, do hereby certify

that I have compared the foregoing will of George Lewis

and the letters Testamentary granted hereon, with the

original records thereof, now remaining in this office

& have found the same to be a correct transcript of the

whole of such original. In testimony whereof, I

{seal} Have hereto set my hand & official seal at

New York this eleventh day of May 1839

James Campbell ~

State of New York, Surrogate's Court ~

I James Campbell Surrogate of said County and

presiding magistrate of the surrogate's Court, do hereby

certify that the forgoing exemplification of the will of

George Lewis deceased is authenticated in due form.

{seal} In testimony whereof I have hereto set my

hand & seal this 11th of May 1839 ~

James Campbell Surrogate ~


Recorded the foregoing authenticated copy of Will &c

Septr 27th 1839 ~

Attest ~ WD Heim Clerk ~


Pleas at a special Court, held at the Court House

in Delaware, on the 21st day of August AD 1839 before

the Honorable John Brundige, John Lugenbeel &

Ahab Jinks Esq, Associate Judges of the Court of

Common Pleas in & for the County of Delaware in the

State of Ohio. This day the last will and

testament of Prior Cox decd was produced in open

Court, & the testimony of William Watkins one of the

subscribing witnesses thereto, being reduced to writing

& filed; and it appearing to the Court that Benjamin

Joseph Brentnall the other witness to the said will is

not a resident of this County, on motion, ordered that

at Commission issue with the will annexed to Joel Z.

Mendenhall Esq. to take the deposition of the said
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 142)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 142)

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Benjamin Joseph Brentnall touching the execution of

the said will, & report the same to the next September term

of this Court, to which time this matter is continued.

And afterwards, now at this time, to wit; at the Septr

term of the Court of Common Pleas, continued & held

for said County, on the 23rd day of Sept AD 1839 the

following proceedings were had & entered in regard to

said will, to wit ~ This day Joel Z Mendenhall

the Commissioner heretofore appointed to take the deposi-

tion of Benjamin Joseph Brentnall touching the execution

of the last will & testament of Prior Cox decd made

report of his proceedings with the proof by him taken,

& the Court upon examination of the matter, consider

said will duly proved & order the same to be recorded.

And thereupon on motion of Morgan Williams & Horatio

Sherman the Executors in said will named it is ordered

that letters testamentary be granted them upon their

entering into bonds in the sum of $8000.00? with

Benjamin F. Allen, Joseph Cox, Andrew H. Patterson,

David Williams, Thomas Jones, Ebenezer Williams &

Willian Ward as security. And it is further ordered

that Robert R. Thomas, John B. Andres & Hugh

Kyle appraise the personal property of said estate.

I Prior Cox of the township of Radnor in

the County of Delaware in the State of Ohio do make

& publish this my last will and testament in manner

& form following that is to say. First. It is my will

that all my just debts & funeral expenses be fully paid

Second, I give devise & bequeath to my daughter Catherine

Cox eight hundred dollars. Third, I give devise and

bequeath to my daughter Hannah Cox eight hundred

Dollars. Fourth, I give devise & bequeath to my son

Prior Cox the residue of my property both real and

personal, the said legacies to be paid to my said

daughters & son at the time they respectively arrive

of age, that is my said daughters at the age of eight-

-een & my son at the age of twenty one, said legacies

to be paid by the guardians hereinafter appointed by

me in this will, the interest of said legacies to be

paid annually by said guardians for the purpose of

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 143)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 143)

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maintaining & schooling my said children. Fifth

I do hereby nominate & appoint my brother Joseph

Cox & my friend William Ward guardians of my

said daughters & son until they respectively arrive

at the ages above mention. Sixth. I do hereby nom-

-inate & appoint Horatio Sherman & Morgan Williams

Executors of this my last will & testament hereby

authorizing and empowering them to compromise as just

release & discharge in such manner as they may

deem proper the debts and claims due me. I do

hereby revoke all former wills by me made. In

testimony whereof I have hereunto set my hand &

seal this twelth day of August in the year one

thousand eight hundred & thirty nine.

his

Prior x Cox {seal}

mark

Signed and acknowledged by said Prior Cox as his

last will & testament in our presence and signed by

us in his presence. William Watkins ~

Benjamin Joseph Brentnall ~

The State of Ohio Delaware County; Ss

Before a special Session of the Court of Common

Pleas, held at the Court House, in & for the said County

on the 21st day of August 1839 William Watkins being

duly sworn in open Court when his oath deposeth &

saith that the paper here produced in open Court

purporting to be the last will & testament of Prior

Cox bearing date the twelfth day of August AD.

1839 was by the said Prior Cox on that day at the

residence of Joseph Cox in Radnor in the said County,

signed & sealed & published as his last will & testament

& that this deponent & Benjamin Joseph Brentnall

then & there signed our names thereto as witnesses at the

request of the said Prior Cox in his presence & in the

presence of each other, & the said Prior Cox then & there

in our hearing acknowledged the same as his will,

that the said Prior Cox was at that time about the

age of forty four years of sound mind & memory &

not acting under any restraint and further says not.

William Watkins ~

Subscribed & sworn to in open Court, August 21st 1839

WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 144)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 144)

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[corresponds to labeled page 99 of Will Records Vol. 2 - 1835-1850]


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The State of Ohio Delaware County; Ss. To the Court

of Common Please, Sept Term 1839.

Benjamin Joseph Brentnall being duly sworn before

Joel Z Mendenhall Commissions appointed by the

Court to take this deposition, upon his oath says that

the paper now here produced to him & purporting to be

the last will & testament of Prior Cox and bearing

date the twelfth day of August AD 1839 was by the

said Prior Cox on that day, at the residence of Joseph

Cox in Radnor Township in the said County signed

& sealed & published as his last will & testament, in

the presence of William Watkins & Benjamin Joseph

Brentnall witnesses to the said will, and that they

then & there in his presence & at his request, and in

the presence of each other signed their names thereto

as witnesses. That the said Prior Cox was at that time

about the age of forty four years of sound mind &

memory and not acting under any restraint, and

further says not.

Benjamin Joseph Brentnall ~

Sworn to & subscribed before me this 13th day of

September AD 1839 ~

Joel Z. Mendenhall Commissioner

Recorded the foregoing Will &c Sept. 27, 1839

Attest ~ WD Heim Clerk~


X Pleas at a special Court held at the Court House in Dela-

ware, on the 20th day of November AD 1839 before the

Honroable John Brundige, John Lugenbeel & Ahab Jinks

Esqs. Associate Judges of the Court of Common Pleas in &

for the County of Delaware in the State of Ohio.

This day the last will & testament of Benajah

Cooke decd was produced in open Court, & the testimony of

George Wickiser one of the subscribing witnesses thereto

being reduced to writing & now on file with the said will,

& it appearing to the Court, that Conard Wickiser the other

witnesses to the said will is not a resident of this County

but resides in Hancock County in this State, on motion

it is ordered that a Commission issue with the will

annexed to the said George Wickiser to take the deposition

of the said Conard Wicksier as to the execution of the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 145)

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[corresponds to labeled page 100 of Will Records Vol. 2 - 1835-1850]


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said will & report the said deposition &c to the next term

of this Court, to which time this matter is continued.

And afterwards, now at this time, to wit, at the March

term of the Court of Common Pleas, continued & held for said

County, on the 2d day of April AD 1840 the following procee-

-dings were had & entered in regard to said will, to wit ~

This day George Wickiser the Commissioner heretofore

appointed to take the deposition of Conard Wickiser, touching

the execution of the last will & testament of Benajah Cooke

decd made report of his proceedings with the proof by him

taken, & the Court upon examination of the matter consider

said will duly proved & order the same to be recorded, & there-

upon Cassandra Cooke, one of the Executors in said will refusing

to act, It is ordered that John Cook & Elisha Cooke be

appointed Administrators with the will annexed, upon their

entering into bonds in the sum of $1600.00 with Nehemiah

Fancher & Samuel Fancher as security ~ And it is further

ordered that William Budd, Sherman Fairchild & Benja-

min M. Fairchild appraise the personal property of said

estate X Benajah Cooke of Harlem Town-

-ship Delaware County & State of Ohio being in health & of

a sound disposing mind & memory considering the certainty

of death & the uncertainty of the time thereof, & being desi-

-rous to settle my worldly affairs & be thereby the better prepared

to leave this world when it shall please God to call me

hence, do therefore make & publish this my last will and

testament in the manner & form following, that is to say

first & principally I commit myself into the hands of

Almighty God & my body to the earth to be decently buried

at the discretion of my Executor & hereinafter named & after

my just debts & funeral charges are paid. I give & bequeath

to my beloved wife Cassandra Cooke the improvement of

the one third of my improved land & wood & timber suffi-

-cient for her use for said improvement also the one third

of the House that I now live in & of the cellar & a privalege

in the barn I now improve so long as she shall remain my

widow & no longer I also give unto my said wife one

Horse one Cow, & one third of my Sheep gees & poultry, and

also one fourth of my swine & bees, & also one third of my

Household furniture including my House, Clock & excepting
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 146)

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my writing desk which I shall hereafter dispose of, I give

& bequeath Benajah S. Cook the one third part of a small

piece of land I own adjoining Dunkin lick so called and a

priviledge in the lick in addition to what I have heretofore

deeded him. I give & bequeath Celina Fancher wife of

William Fancher my daughter the sum of twenty five

dollars to be paid to her in three years after my decease.

I give & bequeath to my daughter Dezere Adams wife of

John Adams 2d the sum of twenty five dollars to be paid

to her in three years after my decease. I give & bequeath to my

daughter Cassandra Converse, widow of George W. Converse

the sum of fifty dollars to be paid to her in three years

after my decease. I give & bequeath to my sons John Cook &

Elisha Cooke all my real estate not otherwise dispose of

together with all the buildings thereon & the priviledges and

appurtenances thereunto belonging or in any wise appertain-

-ing to be equally divided between them with the incumbrance

of my wife's thirds & also certain priviledges I shall herein-

after mention which I reserve for the use & benefit of my

daughters Lucy Cooke and Levina Cooke. I also give and

bequeath to my son John Cooke & Elisha Cooke all my

farming tools or utensils to be equally divided between them

share & share alike and also all my joiner & carpenter tools

to be equally divided between them. I also give & bequeath

to my said sons John & Elisha Cooke all my horses, colts

Cattle, Calves, Sheep, Swine, bees, gees & poultry that I have

not heretofore disposed of to be equally divided between

them share and share alike my wearing apparel I give &

bequeath to my said sons Benajah S. Cooke John & Elisha

Cooke to be equally divided between them. I also give &

bequeath to my said sons John & Elisha Cooke all my books

and my writing desk to be equally divided between them

I give & bequeath to my daughters Lucy Cooke and

Levina Cooke a priviledge in the House I live in and to

my orchard I own sufficient for their necessary use & a

portion of the proceeds of the real estate for their support

& maintainance with their help so long so long as they

live in my House and remain single & in case of marriage

then they are to be paid a sum sufficient to procure

Furnature equal in value to that given to my daughters
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 147)

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[corresponds to labeled page 102 of Will Records Vol. 2 - 1835-1850]


102

heretofore married I also give unto my daughter Lucy

Cook & Levina Cook the sum of Fifty dollars each to be

paid to them within three years after my decease by my

Executors out of my Estate and also all the aforesaid legacies

in money to be paid in like manner. I furthermore give &

bequeath unto my said sons John Cook & Elisha Cooke

all my notes, debts, due & demands and my other property

not heretofore given away of every kind name or nature

whatsoever. Provided nevertheless that in case of the decease

of either of my said sons John Cook or Elisha Cook before

before [crossed out] he shall become of lawfull age or without a lawfull

heir then the portion which I have bequeathed to him

shall be the property of the surviving one. And lastly,

I do hereby consitutue & appoint my dear & beloved wife

Cassandra Cooke & my son John Cooke to be Executors

of this my last will and testament revoking & annulling

all former wills by me heretofore made ratifying and

confirming this & none other to be my last will & testament.

In testimony whereof, I Benajah Cooke have to this my

last will containing of one sheet of paper set my hand this

twenty first day of December AD one thousand eight hundred

& thirty one. Benajah Cooke ~

Signed, published & declared by Benajah Cooke the above

anmed testator as & for his last will & testament in the presence

of us who at his request & in his presence have subscribed our

names as witnesses thereto.

George Wickiser

Conard Wickiser

X the State of Ohio Delaware County: Ss

At a special session of the Court of Common Pleas for the

said County held on the 20th day of November AD 1839,

George Wickiser being duly sworn in open Court, upon his

oath deposes & says that the writing now here produced in

open Court purporting to be the last will & testament of

Benajah Cook bearing date the twenty first day of

December one thousand eight hundred & thirty one signed

by the said Benajah Cooke & witnessed by George Wickiser

& Conard Wickiser was on the day of the date thereof signed

published and declared by the said Benajah Cooke as his

last will & testament in our presence / the presence of the

said George Wickiser & Conard Wickiser / & that we / the said
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 148)

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witnesses / then & there heard him acknowledge the signing of

the said will & testament & that we in his presence & at his

request & in the presence of each other signed our names

thereto as witnesses, at the said Conard Wickiser's residence

in Harlem Township in the said county. The said Benajah

Cook at the time of the said publication of the said will

as aforesaid was about the age of seventy years of sound

mind & memory & acting under no restraint, and further

says not. George Wickiser

Subscribed & sworn to in open Court, Nov 20th 1839

Attest. WD Heim Clerk

To the Court of Common Pleas for the County of Delaware in

the State of Ohio. George Wickiser Commissioner appointed

by the said Court to take the deposition of Conard Wickiser

of Hancock County in relation to the will ob Benajah

Cook decd respectfully reports the following deposition taken

as aforesaid. On this 28th day of March AD 1840

personally appeared before George Wickiser Commissioner as

aforesaid Conard Wickiser who being duly sworn upon his

oath deposes & says that the writing now produced in his

presence purporting to be the last will & testament of

Benajah Cook bearing date the twenty first day of December

one thousand eight hundred & thirty one, signed by the said

Benajah Cook & witnessed by George Wickiser & Conard

Wickiser, was on the day of the date thereof signed pub-

-lished & declared by the said Benajah Cook as his last

will & testament in our / the said George & Conard Wickiser's

presence, & that we / the said witnesses / then & there heard

him acknowledge the signing of the said will & testament

& that we in his presence, at this request, & in the presence

of each other, signed our names thereto as witnesses, at

the residence of the said Conard Wickisers in Harlem

Township in the said County, the said Benajah Cook at

that time, then & there was about the age of seventy years

of sound mind & memory & acting under no restraint, &

further say not. Conard Wickiser

Sworn & subscribed to on the 20th day of March AD 1860 at

the County of Hancock before me. George Wickiser, Comm.


Recorded the foregoing Will &c April 20th 1840

Attest ~ WD. Heim Clerk X
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 149)

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[corresponds to labeled page 104 of Will Records Vol. 2 - 1835-1850]


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Pleas held at the Court House in Delaware on the 16th

day of June AD 1840 before the Honorable Joseph R.

Swan President & John Brundige, John Lugenbeel

& Ahab Jinks Esq his Associates, Judges of the Court

of Common Pleas in & for the County of Delaware, in

the State of Ohio.

This day the last will & testament of Edward L.

Randall decd was produced in open Court, & proved by

the testimony of the subscribing witnesses thereto as redu-

-ced to writing approved & ordered to be recorded. And

thereupon on motion of George B. Carpenter one of the

Executors in said will named / Anna Randall the other

Executor herein named having refused to act as per file /

it is ordered that letters testementary be granted him upon

his entering into bonds in the sum of $1000.00 with

James H. Cutler & Amos Searles as security. And it is

further ordered that Nathan Dustin, Stiles J. Parker &

Daniel Vandermark appraise the personal property of

said estate. I Edward L. Randall of the

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

my last will & testament in the manner & form following

to wit. First I will & bequeath my soul to God my maker

& my body to the grave. Second, I will that my funeral

expenses and all my just debts be fully paid, for which I

will that a part or the whole of a wood lot on the Higby

Section Berkshire Township County & State above men-

tioned west part of lot W 21 be sold. Third, I give &

devise and bequeath to my beloved wife Anna the

lot of land on which I now live and all that may

remain unsold of the above described wood lot if any

on the Higby Section and all my personal property

during her natural life and after her decease the

property if any left to be equally divided amongst my

beloved children /viz/. Bedney R. Harriet Jane Adaline

Matilda & Roana Roxanna. Lastly I Hereby constitute

& appoint my wife Anna & George B Carpenter of the

Town & County above mentioned to be the executors

of this my last will and testament revoking and

annulling all former wills by me made & ratifying
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 150)

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[corresponds to labeled page 105 of Will Records Vol. 2 - 1835-1850]


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this and no other to be my last will & testament whereof

I have hereunto set my hand and seal this seventeenth

of April one thousand eight hundred & forty.

In presence of Edward L. Randall {seal}

Amos Sarles ~ James H Cutler ~

The State of Ohio Delaware County: Ss

Amos Sarles & James H Cutler being duly sworn in open

Court upon their oaths say that the paper now here prod-

-ced in open Court purporting to be the last will and

testament of Edward L. Randall bearing date the 17th

day of April 1840 was by the said Randall on that

day at his residence in Berkshire Township in the

said County in our presence duly signed & sealed and

published & declared as his last will and testament. That

we there saw him sign the same and that we at his re-

-quest, in his presence & in the presence of each other

signed our names thereto as witnesses that the said

Randall was then of full age of sound mind & memory

& acting under no restraint, and further say not.

James H. cutler

Subscribed & sworn to in open Amos Sarles

Court June Term 1840. WD Heim Clerk ~

Recorded the foregoing Will &c July 2 1840

Attest. WD Heim Clerk ~


Pleas held at the Court House in Delaware before the

Honorable Joseph R. Swan President & John Brun-

-dige, John Lugenbeel & Ahab Jinks Esqr his Associates,

Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio, on the 16th day of

June AD 1840.

This day the last will & testament of Uriah Johnson

decd was produced, in open Court & proved, by the testimony

of the subscribing witnesses thereto as reduced to writing

approved & ordered to be recorded, and thereupon on motion

of Benjamin Sweat one of the Executors in said will

names / Thomas Blackburn the other executor therein

named having refused to act / it is ordered that letters

testamentary be granted him upon his entering into

bonds in the sum of $2000.00 with Charles Day &

Merren D. Cole as security. And it is further ordered
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 151)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 151)

Description

[page 151]

[corresponds to labeled page 106 of Will Records Vol. 2 - 1835-1850]

that David Pierson, John Clayton, & Daniel Sinkey

appraise the personal property of said estate.

Know all men by these presents that I Uriah John-

son do by these lines As my last will & testament.

First, will that all my lawful debts & funeral expenses

be paid out of my goods & chattels and estate, then my

son-in-law Benjamin Sweat I will him out of the

remains the sum of five hundred dollars,then forty

dollars to Elisa Johnson, and three hundred dollars

to my son Albert N. Johnson, and after the above named

sums be paid out of my estate. I then will the remainder

should be equally divided unto the above named heirs

& all the rest of my lawful heirs to shair & have A equal

proportion, after the several named sums be paid to said

heirs. I also will & wish Benjamin Sweat & Thomas

Blackburn to act & serve as executors. & attend to the

affairs pertaining to my estate goods, chattels, lands

debts, funeral expences and if in case my son Albert

N.Johnson Should bring bring any claim or demands against

the estate, & recover it there shall be a reduction out of

said three hundred dollars even down to the whole amount

of said three hundred dollars, or to few dollars or such part

as may be recovered. I acknowledge this to be my last

will and testimony this May the fourteenth one thousand

eight hundred & forty. Uriah Johnson [seal]

Delaware County State of Ohio Trenton township

This day signed, sealed & delivered in the presence of

us, attest. Merreen D. Cole, David McNitt

Court of Common Pleas June Term 1840.

Personally appeared in open Court Merreen D. Cole

& David McNitt of Delaware County Ohio of lawful

age who being duly sworn, depose & say that the will

now produced in open Court, purporting to be the last

will & testament of Uriah Johnson of Trenton Township

Delaware County Ohio, was executed on the 14th day of

May 1840 That said Uriah Johnson the testator sign-

ed and sealed the said will in the presence of deponents

and after it was read over to him, he acknowledged it

as his last will & testament, and we were requested to

subscribe it as witnesses and we put questions to him

touching the will his answers were all correct, we believe
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 152)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 152)

Description

[page 152]

[corresponds to labeled page 107 of Will Records Vol. 2 - 1835-1850]


107

he was of sound and disposing mind & memory and not

under any restrain at the time. David McNitt

Merren D. Cole

Sworn to & subscribed this 16th June 1840 in open Court

WD. Heim Clerk

Recorded the foregoing Will &c July 2d 1840

Attest WD. Heim Clerk


Pleas held at the Court House in Delaware on the 19th

day of June AD 1840 before the Honorable Joseph R.

Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqr his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in

the State of Ohio.

This day the last will & testament of James Kooken

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

approved & ordered to be recorded. And thereupon on motion

of Eliza Kooken & James Kooken the executors in said

will named. It is ordered that letters testamentary be

granted them upon their entering into bonds in the sum

of $1000.00? with Thomas Reynolds & Benjamin Powers

as security. And it is further ordered that Thomas M.

Powell, Sylvester Latimer & William Mansur appraise

the personal property of said estate.

In the name of God Amen I James Kooken of

Concord Township Delaware County & State of Ohio being

advanced in years and weak in body but sound in mind

and memory do make and ordain this my last will and

testament hereby revoking all others. First, I give

& bequeath my soul to God who gave it. Second, I

give and bequeath to my beloved wife Eliza all my real

and personal estates for the purpose of her support together

with that of my Four youngest children to wit: Elen

Gertrude, Ann Caroline, George Reynolds & Margaret

Kooken during the full and & term of their minority, at

the death of my said wife Eliza it shall be sold and

equally divided share and share alike among all my

children after all my just debts are paid or liquadated

Further I do hereby nominate & appoint my said wife

Eliza and my son James to execute this my last will
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 153)

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Description

[page 153]

[corresponds to labeled page 108 of Will Records Vol. 2 - 1835-1850]


108

and testament. In testimony whereof I have hereunto

set my hand and seal this twenty sixth day of April

AD. one thousand Eight hundred and forty.

his

James x Kooken {seal}

mark

Signed & sealed in our presence & in the presence of the

testator at his request. John Morrison

Israel Lucas ~

The State of Ohio Delaware County; Ss ~

Com. Pleas June Term 1840 ~ Personally appeared

in open Court John Morrison & Israel Lucas who being

duly sworn upon their oaths depose and say that the

paper now here produced in Court purporting to be

the last will & testament of James Kooken late of the

said County bearing date the twenty sixth day of April AD.

1840 was by him the said Kooken signed in their presence

and then & there published & declared as his last will &

testament on the day of the date thereof at his residence

at Bellepoint in the said County, and that they the said

deponants then & there at the request of the said Kooken

in his presence and in the presence of each other signed

their names thereto as witnesses. That the said Kooken

was then about sixty years of age, of sound mind &

memory & acting under no restraint & further say

not. John Morrison

Israel Lucas ~

Sworn & subscribed to in open Court, June Term 1840

WD Heim Clerk ~

Recorded the foregoing Will &x July 2d 1840

Attest. WD Heim Clerk


Pleas held at the Court House in Delaware on the 20th

day of June AD 1840 before the Honorable Joseph R

Swan President & Joyhn Brundige, John Lugenbeel &

Ahab Jinks Esqr his Associates, Judges of the Court

of Common Pleas in & for the County of Delaware

in the State of Ohio.

This day the last will & testament of Silas Smith

decd was produced in open Court, & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

approved & ordered to be recorded & thereupon on motion

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 154)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 154)

Description

[page 154]

[corresponds to labeled page 109 of Will Records Vol. 2 - 1835-1850]


109

It is ordered that Letters of Administration with the will

annexed be granted to Silas Gore who is ordered to enter

into bonds in the sum of $800.00 with Isaiah Vanloon

& Jacob Vanloon as security. And it is further ordered that

John Budd, John Adams & William Budd appraised

the personal property of said estate.

In the name of God amen, I, Silas Smith of

Harlem Township, Delaware County, being of sound mind

memory & judgment, but considering the certainty of

death do ordain this my last will & testament in man

ner & form following, to wit, that is to say I give & bequeath

to my dear wife Polly Smith all my estate real and

personal after my just debts is paid during her natural

life and after her death my heirs is to have the estate

equaly divided amongst them, that is Caleb Smith,

Sally Bristol & Anne Larned & Charles Smith. I do

ordain this to be my last will & testament revoking all

other as witnesses my hand and Seal September 10 AD 1836

In presence of Silas Smith {seal}

D.C. Carpenter

B. Carpenter ~

The State of Ohio Delaware County; Ss

Court of Common Pleas June Term 1840.

Benjamin Carpenter & Davis C Carpenter being duly

sworn in open Court upon their oaths say that the paper

now here produced in open Court purporting to be the

last will & testament of Silas Smith dated September

10th 1836 was on the day of the date thereof by the said

Silas Smith at Galena in Delaware County signed in

their presence & then & there by him published as his

last will & testament, & that they then and there at the

request of the said Smith in his presence and in the

presence of each other signed the same as witnesses

thereto, that the said Smith was then about the age

of seventy five years of sound mind & memory and

acting under no restraint, and further say not.

B. Carpenter ~ Davis C. Carpenter

Sworn & subscribed to in open Court June Term 1840

WD Heim Clerk

Recorded the foregoing Will &c July 2d 1840

Attest. WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 155)

Title

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Description

[page 155]

[corresponds to labeled page 110 of Will Records Vol. 2 - 1835-1850]


110

Pleas held at the Court House in Delaware on the 15th day

of September AD 1840 before the Honorable Joseph R Swan

President & John Brundige, John Lugenbeel & Ahab

Jinks Esqr his associates, Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Ohio

This day the last will & testament of Josiah

M. Smith decd was produced in open Court & proved by

the testimony of two of the subscribing witnesses thereto

as reduced to writing, approved & ordered to be recorded

And thereupon on motion of Philena Smith & Hiram

P. Smith the executors in said will named, it is ordered

that letters testamentary be granted them upon their

entering into bonds in the sum of $2000.00? with

Sylvester Latimer & Abraham Williams as security.

And it is further ordered that Samuel Maxwell, James

Farris & Jonathan Nafus appraise the personal property

of said estate. In the name of the benevolent

father of all I Josiah M. Smith being in perfect sound-

ness of mind do this eighth day of July AD 1840 make &

publish this my last will & testament. First, It is my

will that all my just & lawfull debts be paid. Secondly

I give my beloved wife Philena one half of all my

personal property, except the Household Furniture, which

I give to her entire. Also I bequeath to her the use of one

half of my real estate while she remains my widow. But

in case she shall marry then it is my will that my real

estate entire shall be shared by my children as hereinafter

provided. If however after marriage she shall in the

providence of God become reduced to necessitous circum-

stances, then and in that case it is my will that she

shall receive so much of the avails of my estate as shall

be sufficient to keep her in comfortable circumstances

Third It is my will that my son Hiram P. Smith

shall have the following described Lot of Land being

in the County of Delaware & State of Ohio to-wit, Beg-

inning at the South east corner of the third quarter of

the Fifth Township & eighteenth range of the United

States Military Lands in Ohio, thence running north

one hundred & twenty rods to a Honey locust stump
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 156)

Title

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Description

[page 156]

[corresponds to labeled page 111 of Will Records Vol. 2 - 1835-1850]


111

thence west four hundred rods, to a line run by Joseph

Vance as the centre of said Section, thence South, one hundred

& twenty rods to the South line of said Section, thence East

four hundred rods to the place of beginning containing by

estimation three hundred acres be the same more or less,

to his own proper use & benefit. Fourth, It is my will that

my daughter, Henrietta J. Sturdevant shall have the following

described property. viz. a lot of land in the County & State

aforesaid, beginning at an ash stump at the south east

corner of land owned by Abraham Williams, thence

running East thirty-four rods and fifteen & a half links

thence North two hundred & sixty-six rods, thence west

thirty-two rods, thence South two hundred & sixty-six rods

to the place of beginning containing by estimation, Fifty

six acres and ninety-one hundreths of an acre, be the same

more or less. Also the following tract of land lying & being

in the same County & State, to wit, Lot number fourteen in

Range Nineteen, Township Five & Section three, United

States Military Lands, estimated to contain one hundred

& sixty two acres, be the same more of less. It being the

same tract of land, deeded to Thomas Petibone as the

property of Moses Byxbe by S Finch Master Commissioner

to which deed reference is made for greater certainty, to

her own proper use and benefit. Fifth, In case the title

to either of the before mentioned tracts of land shall fail it

is my will that my said heirs shall bear the loss equally.

Also that they shall share equally the remainder of my

personal property, after my widow shall have received

her share. Sixth I nominate and appoint my son Hiram

P. Smith and my beloved wife Philena Smith Executors of

this my last will and testament hereby empowering them

to adjust & discharge in such manner as they may deem

proper the debts & claims due me, and to sell if it shall

become necessary in order to pay my debts by private

sale or otherwise all or any part of my real estate and

deeds to purchasers to execute acknowledge and deliver

in fee simple. Seventh The bequests to my beloved wife

are in lieu of her right of Dower. In testimony

whereof I have hereunto set my hand & seal this eighth

day of July in the year of our Lord 1840

his

Josiah M x Smith {seal]

mark

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 157)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 157)

Description

[page 157]

[corresponds to labeled page 112 of Will Records Vol. 2 - 1835-1850]


112

Signed & acknowledged by said Josiah M. Smith as his last

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

presence. Seth H. Allen, Abm Williams, Saml Maxwell ~

Common Pleas September Term 1840.

Abraham Williams & Seth H. Allen being first duly

sworn on their oath say that they were present when

Josiah M. Smith decd executed his last will & testament

which is herewith presented to the Court, that they saw

him sign the will, that they were present when it was

executed by said Josiah M Smith that he called on them

to witness it, that they subscribed it as witnesses in his

presence & that he the testator was at the time of sound

& disposing mind & memory & under no restraint &

further say not. Abm. Williams

Seth H. Allen

Subscribed & sworn to in open Court, September Term

AD 1840 ~ Attest. WD Heim Clerk

Recorded the foregoing Will &c Sept 24th 1840

Attest. WD Heim Clerk ~


Pleas held at the Court House in Delaware on the 15th

day of September AD 1840 before John Brundige, John

Lugenbeel & Ahab Jinks Esqr the Associates Judges of

the Court of Common Pleas in & for the County of

Delaware & State of Ohio.

This day the last will & testament of Jacob Hurlbut

decd was produced in open Court & proved by the

testimony of two of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded.

To Whom these shall come Know

ye that I Jacob Hurlbut of Orange township

Delaware County & State of Ohio do make & ordain

this my last will and testament in manner and form

following viz. I give and bequeath to all my lawful

heirs one dollar each out of my estate, also giving

my widow the remainder of personal & real estate

for her support and the support of her small children

so long as she shall remain my widow. 2nd, My will

is that all my just debts and charges be paid and

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 158)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 158)

Description

[page 158]

[corresponds to labeled page 113 of Will Records Vol. 2 - 1835-1850]


113

further I nominate constitute and appoint ____ ____

to be sole executor of this my last will & testament hereby

revoking all other and former wills by me at any time

heretofore made. In witness whereof I have hereunto

set my hand & seal this 13th day of April AD 1840.

his

Jacob X Hurlbut {seal}

mark

Signed sealed published and declared by the said tes-

tator Jacob x [his mark] Hurlbut as & for his last will & testament

in the presence of us who have subscribed our names as

witnesses thereto in the presence of the said testator

David S. Fancher, Howard Harris, Chester Campbell ~

I publish and declare this to be my last will and

testament. Attest ~

Chester Campbell, David S. Fancher, Howard Harris ~

The State of Ohio Delaware County; Ss

In the Court of Common Pleas September Term 1840 ~

Chester Campbell and Howard Harris appeared in open

Court and being duly sworn upon their oaths say that

the paper now here produced in open Court purporting

to be the last will & testament of Jacob Hurlbut

bearing date the 13th day of April AD 1840 was by

the said Jacob Hurlbut on the day of the date thereof

at his residence in Orange Township in the said County

published & declared as his last will & testament. That

he the said Jacob then & there in our presence signed

& sealed the same as his said will with his mark and

we then & there in his presence at his request & in the

presence of each other signed our names thereto as

witnesses. That the said Jacob Hurlbut was then about

seventy years of age of sound mind & memory & not

acting under any restraint and further say not.

Chester Campbell

Howard harris ~

Subscribed & sworn to in open Court September Term AD.

1840. Attest. WD Heim Clerk ~

Recorded the foregoing Will &d Sept 24 1840

WD Heim Clerk ~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 159)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 159)

Description

[page 159]

[corresponds to labeled page 114 of Will Records Vol. 2 - 1835-1850]


114

Pleas held at the Court House in Delaware on the

15th day of September AD 1840 before the Honorable John

Brundige, John Lugenbeel & Ahab Jinks Esqr Associate

Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio.

On motion of Wm Powell on behalf of the executors

ordered that the authenticated Copy of the last will &

testament of William Croghan decd now produced in

open Court proved according to the Laws of the State

of Kentucky & having relation to property in this

State & County be admitted to record among the record

of Wills of this County.

I William Croghan of Jefferson County State of

Kentucky, do make and ordain the following as my

last will & testament. I give to my much beloved wife

Lucy during her life time the tract of land I at

present live on, with the houses furniture, stock, of horses

cattle, sheep, hogs, farming utensils and all articles apper-

taining to said tract of land also give to her to dispose of an

she may think proper five hundred acres of land on

Clear Creek Shelby County the house at the corner of fifth

& Main Street on Lot No 80 in the town of Louisville and

the house joining and below it on Main Street. It is my

will that my negroes continue under the direction of

my wife and executors until my children are of age, are

married or may require them in which case I wish an

equal distribution of them to take place except of Malin-

-da and her children which I have given to Mrs Emalia

Clark such of my children as have received any of my

negroes will account for them and allow their valuation

when a distribution takes place. I give to my son John

the following tracts of Military land in this State, to wit,

1536 2/3 acres on Russills Creek Adair County / the patent

is for 2666 2/3 acres, 1130 acres of the 2666 2/3 acres is to be

conveyed to the person having an assignment from

me for it/ Two surveys of 1000 acres each laying on

the waters of Russills Creek & Cabin fork of said Creek

in Adair County, one of which is patented to me the 19th

March 1788. the other the 11th January 1790 two other

surveys on waters of said Creek containing Two hundred
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 160)

Title

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Description

[page 160]

[corresponds to labeled page 115 of Will Records Vol. 2 - 1835-1850]


115

acres each patented to me the 24th May 1792, 413 acres on

Cumberland River Adair County patented to me September

13th 1791, 800 acres + Cumberland River in Cumberland

County including a salt Lick patented to me 31st Novem

1799 ~ 1300 acres on waters of Paint Creek State of Ohio

Known by No. 877 patented to me by the Present of the

United States May 2 1801 ~ 500 acres Illinois Grants

Clark County Indiana, Known by No. 206 (two hun-

dred & six) the half acre lot No 280 in the Town of Louis-

ville. The three story brick house on Main Street on lot

No. 80 being the 3rd house below 5th Street including

Kitchen & about 100 feet back to the south west corner of

the Bank Lot, thence westwardly parrallel to Main Street

nineteen feet thence northerly through the alley to the

Street which alley is for the use of said lot and the Lot

joining and below it. Item I give to my sons John and

William that part of my lot in Louisville No. 8 on 5th Street

which lays between that part of said lot owned by the

Bank of Kentucky & the South line of said Lot No 80

joining Alexander Popes lot thence westwardly with

the line of said Pope's lot & the Bank lot 105 feet to the

Western Boundary of the lot. In addition to the property

I have heretofore given to my son George I give him

700 acres about one htird of my tract of land on the

West fork of Red River Christian County. * I also give to

him 750 acres of land I own near Xenia State of Ohio

984 acres & 100 acres joining it on Skeggs Beaver Creek

Barren County, Kentucky, 344 acres Illinois Grant

Indiana known by No. 106 & 200 acres No 44. In addition

to the property I have heretofore given to my son

William I give to him one third part of the land I own

on the West Fork of Red River Christian County sup

-posed to be about 700 acres, 500 acres on Cumberland

River Livingston County patented to me March 21st

1797. - 805 acres near Cumberland River Christian

County patented to me the 19th March 1788 ~ 600 &

620 acres on Cumberland River Caldwell County each

of them patented to me April 13th 1787 ~ 666 2/3 acres

Cumberland River Livingston County conveyed to me

by Rich Thockmorton June 8th 1799 ~ 1140 acres on
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 161)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 161)

Description

[page 161]

[corresponds to labeled page 116 of Will Records Vol. 2 - 1835-1850]


116

Tennessee river Livingston County patented to me April

13th 1787. The first Island in the Ohio called Cash Island &

two islands at and below the mouth of Cumberland River ~

500 acres in the Illinois Grant No = 50 Clark County Indiana

& 300 acres said Grant part of the 500 acres No. 68 ~ 592 cares

on the waters of Darbys Creek State of Ohio No. 6297 paten-

ted to me by the President of the United States. The half

acre lot No. 279 in the town of Louisville. Item it is my

will and desire that the farm I now live on including

400 acres with the houses furniture and all articles belonging

to the house and farm should on the death of my wife

Lucy desolve & belong to my son William = the 400 acres

to be bounded on the South and west by the muddy

Fork & Mr Bullitts land and on the south east by lines

of Terrell & Taylors land. I give to my daughter Anna H.

1000 acres of land on Peters Creek Barren County paten-

ted to me May 16th 1793 ~ 1000 on said Creek patented to

me July 30 1798 = 2200 on said Creek patented to me July

25th 1798, two tracts of 500 acres each on said Creek paten-

ted to me May 16th 1793 ~ 900 acres on said Creek patented

to me July 25th 1798 ~ 1000 on Big Barren river patented to

me June 28th 1799 ~ 416 on Big Barren River patented to me

Nov 21st 1799 = 612 acres on Big Barren River, part of a tract

of 1233 1/3 acres patented to William Croghan & Abraham

Chapline, 358 acres on Indian Creek, Barren County

patented to me June 6th 1798. Two tracts of land of 500

acres each in the Illinois Grant Clark County Indiana

to wit: Nos 128 & 267 - 400 acres & 174 acres of Military land

in the State of Ohio patented to me by the President of

the United States, and 384 acres part of 950 acres, also

patented to me by the President of the United States x

The lot of land which lays north of the 5 acre lot No 6

and between said five acre lot and the half acre lots in

the town of Louisville. I do hereby give to my daughter

Eliza C. the following tracts of Military land 700 acres

in Cumberland River Cumberland County patented to

me November 29th 1794 ~ 1333 1/3 acres on said river & County

patented to me August 13th 1798 ~ 422 acres said river & County

patented to me May 13th 1801 ~ 444 acres said river and

County patented to me November 21st 1799 ~ 1000 acres
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 162)

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Description

[page 162]

[corresponds to labeled page 117 of Will Records Vol. 2 - 1835-1850]


117

head of little Barren, Barren County patented to me November

29th 1794 = 851 acres Glover's Creek a branch of Skeggs Creek part

of 2000 acres patented to me July 3d 1796 ~ 652 acres falling

timber or creek patented to me for 500 acres May 13th 1801 =

268 acres Glovers Creek patented to me for 338 1/3 acres the

13th August 1798 ~ 400 acres part of 666 2/3 acres on Skeggs

Beaver Creek patented to me the 13th of August 1798 ~ Two

tracts of land of 500 acres each in the Illinois Grant Clark

County Indiana Known by No 33 & 225 ~ The lot of land

which lays north of the 5 acre Lot No 5 and between said

5 acre lot and the half acre lots in the town of Louisville

I do hereby give to my son Nicholas the following tracts

of Military land 562 acres on Branches of Cumberland

& Little Barrow River patented to me May 24th 1792 ~ 830 acres

conveyed to me May 16th 1793 laying on Little Barren river

Barren County 460 do. do. patented to me July 3d 1796

two tracts of 200 acres each on said waters one of them

patented to me July 3d 1796 the other deeded to me

November 29th 1794 ~ 125 acres including horse shoe Bend

on little Barren River patented to me December 17th 1798~

540 acres including the Elk Lick near mouth of little

Barren river patented to me May 16th 1793 ~ 1250 acres on

Baysfork of Big Barren river Warren County patented to

me Sept 10th 1793, 350 acres on Big Barren river Warren

County patented to me November 29th 1794 ~ 480 & 483 acres

joining & below the last 350 acres on Big Barren River each

of them were patented to me the 16th of May 1793 = 100 acres

& 92 acres joining the last 3 Tracts conveyed to me by

Benjamin Hampton ~ 900 acres including Hog or Sycamore

Spring waters of Drakes Creek patented to me July 3d

1794 ~ 200 acres land Illinois Grant Clark County Indiana

part of No 171 ~ 100 acres part of No 281 ~ 300 acres part of 500

acres No 195 & 100 acres part of the 500 acre survey ~ Nov 30

The Three Story Brick House at the West End of lot No 80

on Main Street joining Martin & Ames's lot No 79 thence

from the Main Street Southward by with the line of lot

W 79 about 100 feet or so far that a line running
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 163)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 163)

Description

[page 163]

[corresponds to labeled page 118 of Will Records Vol. 2 - 1835-1850]


118

parrallel with the Street shall strike the south west corner

of the Lot owned by the Bank of Kentucky thence from

the lot No 79 eastwardly 19 feet, thence Northerly through

the alley to the Street including the Kitchen &c = Item,

I also give to my son Nicholas 300 acres of land on and

near the Bank of the River Ohio about 5 miles above Louisville

to run from the River with the lines of Terrell & Bullitts land

so far as to include the quantity & not to interfere with the

cleared land belonging to the farm which I have given

my son William = I do hereby give to my son Charles

the following tracts of military land, two tracts on Drakes

Creek, joining where the line dividing the Virginia State of

Continental land crosses the Creek in Warren County, one

tract of 400 acres the other 600 each of those patents are

dated the 29th November 1794 ~ 666 2/3 cares in the forks of

Drakes Creeks patented to me the 13th Sept 1797 = 100 acres

West Fork of Drakes Creek patented to me the 31st Novemb

1799 ~ 100 acres including the War Post Lick patented to me

July 12th 1796 ~ 600 acres on Whipperwill Creek Todd County

166 2/3 acres on north fork of Red River Logan County part

of 888 acres conveyed to me by Jese Muse - 666 2/3 acres on

Carny Creek of Pond river Muhlenburgh County patented

to me December 17th 1798, two tracts of 600 each on Pond

River and its waters the patents for those two surveys are

dated the 13th of May 1801 ~ 400 acres on Cypress Creek

a branch of Pond River in Muhlenburg County patented

to me March 75h 1799 ~ 125 acres on Long Creek Muhlenberg

County patented to me September 10th 1793 ~ 316 acres on

waters of Little River Christian County patented to John

Hughes Sept 23d 1795 & conveyed to me by him October

1809 ~ 195 acres on Little River Christian County including

Iron ore patented to me Nov 31st 1799 - 300 acres including

Sand Lick on Trade water Christian County patented

to me March 7th 1799 ~ 888 2/3 acres on Trade Water River

near the line dividing Livingston & Caldwell Counties

patented to me February 26th 1786 ~ 500 acres near

Henderson's Lower line in Henderson County there are

three patents to me for it tow of them are for 200 acres

each one of them dated the 26th of April 1792, the other

the 3d July 1796, the other for 100 acres in dated the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 164)

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Description

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119

26th of April 1792, 100 acres at the mouth of Mayfield Creek

500 acres land Illinois Grant, No. 233 Clark County Indiana

a 234 acres part of the 500 acres No 148 & 100 part of the 500

acre survey No 116 in said Grant. The half acre lot in the

Town of Louisville No 75 and the two story Brick house in

said Town on Lot No 80 on Fifth Street leased to Mr Crane.

Also the half acre lot No 126 in said town ~ It is my will

that no demand be made of my nephew Nicholas

Clark of any money he stands indebted to me. But on

the contrary I do hereby give to him ten shares of the

Bank Stock I own in the Bank of Kentucky and

Michael Paraults location or entry No. 518 of 1000 acres

on Mafield Creek made August 12th 1784 & conveyed to me

September 1812. Item, give to Mrs. Emelia Clark, Malinda

a mulatto woman and her child or children who have

been living with her several years. Item I give to William

Clarke, son of the above Nicholas Clarke five shares of the

Bank Stock I own in the Bank of Kentucky / Item it

is my will that all Bonds or other securities to me for

the payment of money or money on hand be appropria-

ted to the support and education of my children and the

payment of any just claim that may appear against

me and that all my property of every description not

disposed of by this will be equally divided between

my wife Lucy and my children. I do hereby nominate

my truly beloved wife Lucy and my sons John, George,

William, Nicholas & Charles executors of this my last

will and testament hereby revoking any will heretofore

made by me. In testimony whereof I have hereunto

set my hand and seal this 27th day of Agust 1822.

Wm Crogham {seal}

State of Kentucky ~ At a County Court held

for Jefferson County in the State aforesaid at the Court

house in Louisville on the Twelfth day of May one

thousand eight hundred & twenty three, the within &

foregoing instrument of writing was produced in Court &

proved to be in the hand writing of and wholly written

by William Croghan, the testator by the oaths of

Charles M. Thurston, Fortunatus Cosby & Worden Pope

and thereupon the same was established to be the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 165)

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Description

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120

last will and testament of the said William Croghan

and ordered to be recorded and is recorded.

Teste ~ Worden Pope Clerk

{seal} In testimony whereof and that the foregoing

is truly copied from the records in my office

I Currant Pope Clerk of said Court have hereto set my

hand & the seal of said County this 11th day of August 1840

& in the 49th year of the Commonwealth ~

Curran Pope

I Samuel Churchill Senior Justice or presiding Judge

of the County Court of Jefferson County do certify that

Curran Pope who has signed the foregoing certificate is

& was at the date thereof Clerk of said Court duly sworn

& qualified and that full faith & credit are due to his

official acts. Given under my hand & seal this

26th day of August 1640 ~

Samuel Churchill {seal}

Recorded the foregoing authenticated Copy of Will &c

Sept 25th 1840.

Attest. WD Heim Clerk


Pleas held at the Court House in Delaware on the 16th day

of September AD 1840 before John Brundige, John Lugenbeel

& Ahab Jinks Esqr Associate Judges of the Court of Com-

mon Pleas in & for the County of Delaware in the State

of Ohio. On motion of Mr. Powell on behalf of

the Executors, ordered that the authenticated copy of the last

will & testament of Ralph Cowgill decd now produced

in open Court, proved according to the laws of this State in

Belmont County & having relation to property in this County

be admitted to record among the record of Wills of this

County ~ I Ralph Cowgill of Belmont

County & State of Ohio, being weak in body but of sound

& disposing mind and memory, do make and publish this

my last will & testament in manner & form following

that is to say; First, That my funeral expenses and all

my just debts be fully paid. Second, I give & Bequeath

unto my beloved wife Mary in lieu of her dower all

my household goods and furniture except so much thereof
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 166)

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121

as shall hereafter be otherwise disposed off; and also, all my

live stock except horses, or so much thereof as she may

think proper to take, and that she keep possessions of the

Mantion house, and be entitled to the privalege of pasturage

and feed for three Cows on the farm on which I now reside

and further that she be paid annually the sum of one

hundred and fifty dollars in money, to be paid by my

five sons hereafter named out of their legacies in the

following manner, to wit; one fourth of said sum of $150

to be paid by my son Isaac Cowgill, one fourth by my son

William, one fourth of said sum by my son Jesse, and one

fourth by my other two sons Equilla and Ralph jointly ~

Third. I give and devise to my eldest son Isaac Cowgill

the farm on which he now resides being apart of Section

31 township W 9. Range No 6. so much thereof as 134 acres

supposed to be one fourth of said Section to be taken off

the south side beginning at a point on the east side of a

drain coming off the lands of the widow Gilleland, and

to his heirs and assigns forever ~ Fourth ~ I give and devise

to my second son William Cowgill the farm on which

he now resides, being also a part of the above described

Section, say 134 acres of the same to be taken off the West

part of said Section and to his heirs and assigns forever

Fifth. I give and devise to my third son Aquilla Cowgill

134 acres of land, a part of said Section above described

to taken off said Section East of and adjoining to the

last described division demised to my son William; Also a lot

of land lying in Delaware County State of Ohio being a

part of the east half of section No. 1 Township No. 3

Range No. 16 W S Military lands now particularly des-

cribed as lot No 9 containing 100 acres and to his heirs

and assigns forever. Sixth. I give and devise to my

fourth son Jesse Cowgill the farm purchased from Thomas

Bradshaw being a part of Section No 32 township No 9

of range No 6 containing 115 acres more or less, and to

his heirs and assigns forever. Seventh. I give and devise

to my fifth and youngest son Ralph Cowgill a part

of the farm and the Mansion house in which I now

reside being a part of and embracing all the residue

of said Section 31 not heretofore demised and to his heirs
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 167)

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Description

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122

and assigns forever; and further I give and bequeath to my

said son Ralph the sum of five hundred dollars to be paid

to him by my executors, so soon as funds can conveniently

be collected for that purpose. The mansion house to remain

in the possession of my widow during her natural life

or in case my son Ralph should marry and stand in need

of a dwelling, then and in that case a part of said house

shall be given up for his use. Eighth. I give and devise

to my four daughters, to wit, Margaret Gilleland, Tamar

Hopper, Sarah Cowgill and Elizabeth Cowgill four quarter

sections of land lying and being in the State of Indiana

the title papers for which have not yet come to hand, to

share and share alike in the same to them and their

heirs & assigns forever. And I further bequeath unto my

two unmarried daughters Sarah and Elizabeth each one

bed and bedding and the sum of three hundred dollars

each in money to be paid to them so soon as collections

can be made and sufficient funds be found in the hands

of my Executors for that purpose; and further, that each

of them shall have a home in the Mansion house so

long as they may remain unmarried. Ninth. I will and

desire that my couzen Dorothy Corgill who has long been

an imnate in my family, shall still have the privelege of

a home in my residence as formerly, and that in the event

of her becoming unable to provide comfortly for herself

then, in that case my five sons heretofore named as legatees

shall contribute equally for her comfort and support.

Tenth. I give and bequeath to my three youngest sons

Aquilla, Jesse and Ralph all my stock of horses, and all

other live stock not heretofore disposed of, one wagon and

gears and all my farming utensils, threshing machines &c

And it is my wish and desire that said three last mentioned

sons should continue to labour together and make use of

said property together as one family as formerly, so long

as circumstances will admit with convenience, but in

case of a change in circumstances and they should deem

it adviseable to separate then they shall make an equal

division of said property among themselves. Eleventh.

As to all the rest, remainder and residue of my personal

estate, goods and chattels of what kind and nature soever
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 168)

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Description

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123

I give and bequeath to my four daughters heretofore named

to share and share alike in the same. Twelfth. And it is

my will that my executors herein after named so soon as

they shall deem it expedient or find it necessary, shall

sell and dispose of a part of my real estate. not heretofore

demised, to wit, a tract of land lying & being in the County

of Delaware, State of Ohio being a part of the East half of

Section No. one, township No. three, Range No Sixteen United

States Military lands, being lot No 7. containing 100 acres

And lastly I hereby constitute and appoint my three

youngest sons Aquilla Cowgill, Jesse Cowgill and Ralph

Cowgill to be the executors of this my last will & testament

revoking and annulling, all former wills by me made &

ratifying and confirming this and no other to be my last

will & testament. In testimony whereof I have hereunto

set my hand and seal this nineteenth day of June in

the year of our Lord one thousand eight hundred and

thirty nine. Ralph Cowgill {seal}

Signed, published and declared by the above

named Ralph Cowgill as and for his last will and testament

in presence of us, who at his request signed as witnesses to

the same. Gibbons Parry, M.L. Clutter, Solm Bentley~

The State of Ohio Belmont County ss

Court of Common Pleas of said County. April Term AD 1840.

The last will and testament of Ralph Cowgill, late

of the County aforesaid deceased was brought into Court

& presented for probate; and M.L Clutter and Solomon

Bentley, two of the subscribing witnesses thereto came into

Court, and each upon his solemn oath says that he saw

the testator sign said will, that he subscribed the same

as a witness thereto in the presence of the testator and at

his request, that the testator, at the time of signing said

will was of sound mind and memory of full age and

not under any restraint; whereupon said will is by the

Court approved and ordered to be recorded with the proof

now taken. Attest. John C Tallman Clerk

I John C. Tallman clerk of the said court

of Common Pleas within and for the County of Belmont

aforesaid, do certify that the foregoing is a true & complete

copy of the last will and testament of Ralph Cowgill

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 169)

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124

late of said County deceased, and of the entry of probate

thereof as the same is of record in my office~

{seal} In witness whereof I hereunto set my hand and

seal of said Court at St. Clairsville this 8h day

of August AD 1840~ John C. Tallman Clerk~

I William Kennon President Judge of the fifteenth

Judicial circuit of the Court of Common Pleas in the

State of Ohio, of which the County of Belmont is a part

do certify that John C. Tallman is the Clerk of said Court

of Common Pleas for said County of Belmont and that

the above certificate and attestation is in due form of law

Given under my hand this 8th day of August AD 1840

William Kennon Prest Judge

Recorded the foregoing authenticated Copy of Will SS

September 26h 1840~

Attest. W D Heim Clerk


Pleas held at the Court House in Delaware on the 15th

day of September AD 1840 before John Brundige, John

Lugenbeel & Ahab Jinks Esqr the Associate Judges of the

Court of Common Pleas in & for the County of Delaware

in the State of Ohio.

On motion of Mr Wilcox on behalf of the Exrs

ordered that the authenticated copy of the last

will & testament of James D'Wolf decd was pro-

-duced in open Court proved according to the laws

of the State of Rhode Island & having relation to

property in this County be admitted to record

among the record of Wills of this County

In the name of God, Amen~

I, James D'Wolf of Bristol in the county of Bristol

and State of Rhode Island and Providence Plantat-

-ions Esquire being in health of body and of sound

and disposing mind. memory and understand-

-ing do make and declare this my last will

and testament in manner & form following that

is to say. First My will is and I do hereby order

and direct that all my just debts & financial charges

be paid out of my estate by my Executors here in after
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 170)

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Description

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125

named as soon as conveniently may be after my

decease. Second, I give and devise to my

wife Ann D'Wolf for and during the term of her

natural life for her comfortable maintenance and

support and in lieu of her dower in my Estate

the use occupation and improvement of my

House. where I now dwell. together with all the

lands within the square whereon the said House

Stands. being about thirty acres with all the build-

-ings and improvements thereon. Also the lot of

land I lately purchased of Terrence C. Richmond

Esqr called Fox Hill being about Twenty eight acres

I also give & bequeath to my said wife all my

Horses and Carriages, which at the time of my

decease may be in keeping at my said residence

and all stores of provisions. wines. liquors of

every kind. Stock of Cattle. Oxen. Cows. Sheep and

Swine all tools and utensils for farming as well

as all my plate and household furniture of any

kind in and about my said house and business-

-es. I also give and bequeath to my said wife, the

sum of Three thousand dollars yearly and every

year, during her natural life. in semi annual

payments to be secured and paid to and recei-

-ved by her, or her lawful Attorney. as is hereinafter

provided. For the security of the said annuity to

my said wife. during the term of her natural

life. as aforesaid. I order and direct that Sixty Thou-

-sand dollars of my stock in the bank of Bristol

remain in my name untransfered during said

term. and that my Executors hereinafter named

make and give to my said Wife an irrevocable

Power of Attorney authorizing her in her lawful

substitute to receive so much of the dividends

on said sixty thousand dollars of said Stock as

will pay fifteen hundred dollars semi.annually

during her natural life as aforesaid. And in

case sufficient dividends shall not be declared

and paid out by said bank to the stockhol-

-ders from time to time. or any time to enable
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 171)

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Description

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126

my said wife to receive the said sum of

Fifteen hundred dollars, on said Sixty Thousand

dollars of said Stock for each and every Six

Months there and in that case the deficiency

shall be paid to and received by her in manners

as is hereinafter further provided. And my will

further is and I do hereby and direct that all

the surplus of said dividends or profits arising

from said Sixty thousand dollars of said

Stock after the payment thereout to my said

wife the said sum of fifteen hundred dollars

semi.annually Shall be placed by the President

of said Bank for the time being in the Providen-

-ce Institution for Savings or some other of like

character. should said Institution be broken up

as soon as the same. can conveniently be done

from time to time after each and every divi-

-dend shall be declared. and payable and in no

instance to exceed thirty days thereafter. which

said surplus so paid into said Providence Insti-

-tuion for savings. shall there be used & improved

by said Institution agreeable to the rules and

regulations there of and shall together with the

accumulating profits or income thereof. constitute

a fund to be appropriated for the benefit of free

schools in said town of Bristol. James D'Wolf~

but shall not until the expiration of the years

after the decease of my said wife. be drawn out

for that purpose nor for any deficiency to my said

wife of the said sum of fifteen hundred dollars

to be paid to her semi annually as aforesaid when-

-ever and in case the other provisions herein before

named therefor shall prove insufficient. but for

such purpose. and as further security to my said

wife. said fund may be used and I hereby notes

and direct all such deficiencies as may from time

to time occur to be made up and paid to her

out of the same accordingly. And I hereby further

notes and direct that the expiration of ten years
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127

after the decease of my said Wife, the said fund

be placed at the disposal and made subject to

the order of such person or persons as may have

the case and direction of the Free School funds in

said Town of Bristol. It is to be distinctly un-

-derstood that the deposits to be made as afore-

-said in said Providence Institution for Savings

for the purpose aforesaid are to cease & determine

at the time of the decease of my said wife

meaning and intending that the surplus prof-

-its only arising from said Sixty Thousand dollars

of the Capitol stock of the Bank of Bristol are to

be paid over and deposited as aforesaid during the

life time of my said wife and commencing from

and after my decease. And in order to insure

the payment of the said annuity to my said

wife at all events and to guard against all conti-

-ngencies. I do hereby render my Mount Hope farm

containing about two hundred & thirty five acres

hereinafter devised to my son William Bradford

D'Wolf liable for all such sum or sums of money

as may be necessary from time to time to be

raised for the payment of said annuity in

case all the provisions herein before named there-

-for shall prove insufficient for that purpose. but

in no other event. nor to any further extent than

to make up such deficiency. but in such event and

for such deficiency said Mount Hope farm is to be

and ^shall stand changed and changeable. Third. I give

and bequeath and devise to my son James D'Wolf

and to his heirs and assigns forever the following

portions of my estate real and personal to wit

First. one undivided fourth part of my wharf est-

-ate in said Bristol. including the Water lot. boun-

-ded South by land of the heirs of my late brother

William D'Wolf. East by Water Street North by

the estate heretofore belonging to the late Col.Simeon

Potter and West by the Ship Channel. together with

the Bank House all the Stores and other build-

-ings. and improvements thereon and all things

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 173)

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Description

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128

belonging or appertaining to the said estate

Second. My lot of land in said Bristol bounded

South on State Street, West partly on land of

Hersey Bradford Esqr and partly on land lately

belonging to George D'Wolf but now belonging to me

Northwardly on land of John Burgess and of

the heirs of my late brother, William D'Wolf and

Eastwardly on land inherited by my wife from

her late father the said lot being the Westerly

one third part of the two acre lot on which my

Store barn stands and on which I heretofore

made some preparations for building a block

of houses. also one undivided third part of the

Stones and other materials prepared for building

said block of houses. Third~ One undivided

fourth part of all my Ships and other vessels of

every kind with all the boats. sails. rigging. anchors

and appurtenances to the same belonging

Fourth~ One equal undivided sixth part of all

my lands and real estate in the State of Ken-

-tucky. the same being situated at Louisville in

that State to him and to his heirs forever. Or

in lieu thereof one sixth part of all sales of said

lands which have already been sold. or which

may hereafter be sold until the sales of said

lands shall amount to a sum sufficient to

liquidate and pay into my estate the full sum

and interest of the James D'Wolf~ balance now due

to me upon my books from my said son

James, and all the lands that may be remain-

-ing of said tract in Louisville after said balance

and interest be paid to my Executors, or the

purchase of said lands. after said balance & interest

shall have been paid as aforesaid. I give and

bequeath to my said son James D'Wolf Junr

Fifth~ Furthermore and the meaning and intention

of the above item is to give to my said son James

the one sixth part of the balance of account & intrest

now due to me from him. per statement on my

books, being at this time with the interest now
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Description

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129

due. two hundred and ninety nine thousand

dollars. together with one sixth part of all intere-

-st that may here after accrue and become due

on said balance which is to be paid from the

sales and proceeds of said lands in Louisville

and whatever remains of said lands or purchases

of said lands after the reimbursement of said

balance and interest as aforesaid I give and

bequeath to my said son James. Furthermore

in explanation of the above devise relative to those

Louisville lands which was sold and deeded

to me by my son James as a part of the bal-

-ance of account then due to me in the year

31st December 1827, and the consideration na-

-med in said deed was ten thousand dollars

which land have risen in value to a large

amount and being willing and desirous he

should have the benefit of said rise. I only charge

the balance he was indebted to me at the time

he made said deed with the interest thereon

and take from the sales of said lands to am-

-ount of said balance and interest for distribution

with other parts of my estate as expressed in

this my will giving to him my said son

James all the residue and remainder of said

lands over and above his one sixth part of said

proceeds of sales to amount of said balance and

interest. Fourth~ I give and bequeath & devise

to the children of my deceased daughter Mary

Ann Summer, late the wife of William N. Sumner

Esqr share and share alike and to their heirs and

assigns forever as tenants in common and not

as joint tenants, the following portions of my

Estate real and personal to wit. First- One un-

-divided fifth part of all my land and real Estate

in the State of Ohio together with one undivided

fifth part of all my live stock and farming uten-

-sils thereon. Second- All my property & interest

in the Dighton Cr Cotton Mills and Iron Works

establishment in the State of Massachusetts called

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Description

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130

the Dighton Manufacturing Company together

with all my interest in the stock and personal

property of said Manufacturing Company after

all the debts of said Company are thereout paid

and satisfied. hereby conveying to them all my

interest in said Company. being thirty two

sixtieths of the Stock of said Company inclu-

-ding thirty two sixtieths of all property belonging

to said Company. Third - Thirteen thousand

dollars to be invested in safe and good Stock

by my Executors for said children one third

to each unless said money be paid out to them

during my life time in which case this item

to be null and void. Fourth - My house and

lot wharf and Stores lately purchased which

was formerly the residence of my late brother Charles

D Wolf bounded Easterly on Thames Street. South-

erly on Constitution Street. Westerly on the harbor

to Ship Channel and Northerly on land of Jacob

Bobbit. Fifth- That well known island inclu-

ded in the township of Portsmouth called Hog

Island but hereafter to be called Perry's Island

Fifth - I give. bequeath and devise to my son

Mark Anthony D'Wolf and to his heirs and

assigns forever, Jas D'Wolf - the following portions

of my estate real and personal to wit. First,

My farm on Pappasquash in said Bristol

which I lately purchased of William D'Wolf

deceased and which heretofore belonged to George

D'Wolf containing about one hundred and twelve

acres be the same more or less bounded South

on land of Mrs Hareshoff. West by the Salt

water. North on land of the heirs of William

D'Wolf deceased and East by Bristol Harbor togeth-

-er with all the buildings and improvement

Stock tools. crops. produce and moveables of every

kind thereon or thereafter belonging. Second- My

Estate on the Island of Cuba called the Mariana

Plantation. situate about forty five miles westw-

-ard from the city of Havanna together with all
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 176)

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Description

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131

the buildings and improvements and all the

Coffee trees and Coffee and all the negroes and

Stock of every kind and all the tools and utensils

thereon or thereto belonging which estate was

charged him in account settled on the first of

November 1827~ per Ledger Wr C page 244.

Third- One undivided fourth part of all my

Ships and other vessels of every kind with all the

boats. sails. rigging. anchors and appurtenances

to the same belonging. Fourth- One undiv-

-ided fourth part of my wharf estate in said Bristol

including the Water lot. bounded South by land

of the heirs of my late brother William D Wolf

East by Water Street. North by the Estate heretofo-

re belonging to the late Col. Simeon Potter and

West by the ship channel. together with the

Bank House all the stores and other buildings

and improvements thereon, and all things belong-

-ing or appertaining to the said estate. Fifth- One

half of my sugar Estate in the Island of Cuba

situated about eighty miles East of Matauzas

called "New Hope" with one half of every thing

belonging to said Estate. Sixth - One undi-

-vided fourth part of my Arkwright Cotton Man-

-ufacturing establishment consisiting of all the

real estate whereon the said Establishment is loc-

-ated. and all the lands thereto attached, toget-

-her with all the Cotton Mills. dwelling hous-

-es and other buildings and improvements

thereon being all the lands and real estate

I now in the towns of Scituate, Cranston and

Coventry and consisting also of the machin-

-ery and tools and utensils to the same

belonging. Sixth- I give bequeath & devise

to my son William Henry D'Wolf and to

his heirs and assigns forever the following por-

-tions of my estate; real and personal to wit

First - My farm on Poppasquash in said

Bristol called the North Point farm containing

One Hundred and two acres be the same
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 177)

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Description

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132

more or less, bounded South on land of the

heirs of William D'Wolf deceased. East on the

Cove. West and North by the salt water toge-

-ther with all the buildings and improvements

Stock. tools. crops. produce and removeables

of every kind thereon or thereto belonging

Second ~ One undivided fourth part of the

Mount Hope Coffee Plantation in the Island

of Cuba. Situate about twenty miles Southwest-

-erly from the City of Matangas and now

the village of Madruga. now owned by Charles

Collins Esqr and myself as tenants in com-

-mon in equal moities together with one un-

divided fourth part of all the buildings and

improvements and of all the Coffee trees and coffee

and of all the negroes and stock of every kind and

of all the tools and utensils thereon or thereto

belonging. Third ~ One undivided fourth

part of my wharf estate in said Bristol

including the water lot bounded South by

land of the heirs of my late brother, William

D'Wolf. East by Water Street. North by the

estate heretofore belonging to the late Col. Sim

-eon Potter and West ~ Jas D'Wolf ~ by

the ship channel together with the Bank house

all the stores and other buildings. and

improvements thereon and all things belonging,

or appertaining to the said estate

Fourth ~ One undivided fourth part of all

my ships and other vessels of every kind with

all the boats, sails, rigging, anchors and appurt-

-enances to the same belonging. Fifth ~ My

lots of land which I lately purchased of the

late John W. Bourn containing about nine

and a half acres bounded South by a lane run-

-ning east and west from the North East

corner of the town common. East by land of

Nathaniel Fales. North by land of the heirs

of Nathaniel Smith deceased and west partly on

Wood Street and partly on land of persons whose
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 178)

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Description

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133

names I do not now recollect. Sixth ~ Also one

Sixth part of my land in Louisville or one Sixth

part of the proceeds of said lands exclusive or

independent of what I have given to my son

James which one sixth I consider will be about

fifty thousand dollars. Seventh ~ I give bequ-

-eath and devise to my daughter Harriet Hall

the wife of Jonathan Prescott Hall Esqr and to

her heirs and assigns forever, the following port-

-ions of my estate. real and personal to wit

First ~ My estate in the City of New York

House and lot of land whereon she my said

daughter Harriet Hall now resides, situate in

Bond Street together with all the improvements

thereon it being the same estate which I lately

purchased of Wm Muiturn. to her and her

heirs forever, Record ~ One undivided fifth part

of all my land and real estate in the State

of Ohio. together with me undivided fifth

part of all my live stock and farming utensils

thereon to her and her and her heirs forever

Third ~ Also one sixth part of my lands in

Louisville or one sixth part of the proceeds of

said lands. exclusive or independent of what I

have given to my son James, which one sixth

I consider will be about fifty thousand dollars

Fourth ~ My farm in Newport called the Malbone

Garden farm lately purchased per deed and

for which I paid thirteen thousand dollars

Eighth ~ I give bequeath, and devise to my dau-

ghter Nancy B. Homer the wife of Fitzhenry

Homer Esqr and to her heirs and assigns forever

the following pertains of my estate real and

personal to wit. First ~ All my right title and

interest in and to the Mount Hope Cotton Mill

Company in Dighton in the State of Massachusetts

including all my interest in the machinery, stock

in trade, property, goods, and effects of every kind

and nature belonging to said Company after pay

-ing therewit all the just proportions of the debts
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 179)

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Description

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134

due from said Company. Second ~ One un-

divided fifth part of all my lands and real

estate in the State of Ohio, together with one

undivided fifth part of all my live stock and

farming utensils thereon to her and heirs forever

Third ~ Also one sixth part of my lands in

Louisville, or one Sixth part of the proceeds of said

lands, exclusive or independent of what I have

given to my son James which one sixth I consider

will be about fifty thousand dollars

Fourth ~ My lot of land on the corner of State

and High Streets with the stone barn thereon

standing, bounded on the West, by land inherited

by my said wife from her father ~ Jas D'Wolfe ~

Ninth ~ I give bequeath and devise to my

son William Bradford D'Wolf, and to his

heirs and assigns forever the following portions

of my estate real and personal to wit

First ~ My Mount Hope farm in said Bristol

containing about two hundred and thirty five

acres / exclusive of the lot of land belonging to

my wife, inherited from her father of about

thirty five acres / bounded South on land of

Jacob Bradford. East on Mount Hope Bay.

North partly on land of Jacob Babbitt & partly

on land of Nathaniel Bullock and West partly

on land of said Bullock and partly on the highway

or back road / which boundaries include the said

lot belonging to my wife / together with all the

buildings and improvements, stock, tools, crops, pro-

-duce and moveables of every kind thereon or thereto

belonging subject however to and charged and chan

-geable with the payment in certain contingencies

of the aforesaid annuity, as herein before particu-

larly mentioned unto my wife aforesaid for and

during the term of her natural life

Second ~ One undivided fourth part of my

Arkwright Cotton Manufacturing Establishment

consisting of all the real estate wherein the said

establishment is located and all the lands
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 180)

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Description

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135

thereto attached, together with all the Cotton mills

dwelling houses, and other buildings and improve-

-ments thereon, being all the lands and real estate

I own in the towns of Scituate, Cranston & Coventry

and consisting also of all the machinery tools and

utensils to the same belonging. Third ~ One un-

-divided fourth part of all my ships and other ves-

-sels of every kind with all the boats, sails, rigging,

anchors and apputenances to the same belonging

Fourth ~ One undivided fourth part of my wha-

-rf estate in said Bristol including the water lot

bounded south by land of the heirs of my late

brother William D'Wolf. East by Water Street

North by the estate heretofore belonging to the

late Col. Simeon Potter and west by the Ship cha-

-nnel together with the Bank house. all the Stores

and other buildings and improvements therein

and all things belonging or appertaining to the said

estate. Fifth ~ One undivided fourth part of the

Mount Hope Coffee Plantation in the Island

of Cuba situate about twenty miles Southwesterly

from the City of Matanzas and near the village

of Madruga, now owned by Charles Collins Esqr

and myself as tenants in common, in equal

munties, together with one undivided fourth part

of all the buildings and improvements and of

all the Coffee trees and coffee and of all the neg-

-roes and stock of every kind, and of all the tools

and utensils thereon or thereto belonging

Sixth ~ Also one sixth of my lands in Louisv-

-ille, or one sixth part of the proceeds of said lands

exclusive or independent of what I have given to

my son James which one sixth I consider will

be about fifty thousand dollars. Seventh ~ The

house and land given to my wife during her

life and all her property / save and excepting the

Bank Stock and annuities given for the support

of my wife / I give and bequeath to my said son

William Bradford D'Wolf, after the decease of his

mother, except such of my household furniture
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 181)

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Description

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136

plate and other personal property, given to

his mother as she may please to give to her other

children during her life time

Tenth ~ I give, bequeath, and devise to my in-

-fant grandson James D'Wolf the only child

of my late son Francis L.B. D'Wolf deceased

and to his heirs and assigns forever the follow-

-ing portions of my estate real and personal

to wit. Jas D'Wolf--First~ All my

right title and interest in and to the farm

which I gave by deed to my said son Francis

in his life time, lying in said Bristol called

the Ellery farm and whereon I built a dwelling

house and made other improvements at my

own expense, without changing anything therefor to

my said son in his life time or to his estate

since his decease, always intending to give him

the whole of the same as a part of his shares

of my estate and which said farm with the

buildings and improvements thereon my said

grandson inherits from his father except the

right of Dower of his mother, the widow of my

said son Francis, therein and which right of

Dower I have purchased of the said widow so

that by this devise and bequest my said grand-

-son will after my decease be seized in fee of

the whole of said farm with the buildings

and improvements thereon free of all incum-

-brances. Second my two lots of land in

Bristol aforesaid lately purchased of John N

-Sanford containing about eleven acres adjoin-

-ing the said farm belonging to my said grand-

-son which said lots was a part of the estate of

the late Ellery Sandford, he my said grandson

to come into possession of said lots when he

arrives at the age of twenty four years

Third~ Eight hundred shares of the Capital

Stock in the Blackstone Canal Bank which is

twenty thousand dollars. Say twenty thousand

dollars. Fourth~ Twenty thousand dollars
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 182)

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Description

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137

of my stock in the Blackstone Canal Company

being seven hundred and seventy shares, which I

consider now worth about four thousand dollars

Fifth~ My twelve acre lot of land near Jone's

falls in the vicinity of the City of Baltimore

together with the dwelling houses and impro-

-vements thereon. Sixth~ My two house

lots of "Green Hill" estate, next adjoining the

lot given to my daughter Harriot, being No. 1

on the plat of said Green Hill which I value

at two thousand dollars. Seventh~ Fifty

shares being five thousand dollars of the Capi-

-tal stock of the Bank of Bristol. together with

what my estate will stand charged for balance

I am indebted to him on my books as his

guardian amounting to about fourteen thou-

-sand dollars. Eight~ Also all the furniture

belonging to me now in the house occupied by

my son, Mark A. D'Wolf, and all stock usually

kept on the farm being one Cow called Cleop-

-atria. the said horse called Crib: also the gold watch-

which was his fathers and which I purchased

with other things in the inventory valued to

me at two hundred and fifty dollars and

also the wines and all other things which may

be found in said house formerly belonging

to his late father and not taken away by

his mother. Provided however that in case

my said grandson shall die before he arrives

at the age of twenty one years and without lea-

-ving any lawful issue then my will is that

all the property and estate both real and

personal, herein before given, bequeathed and

devised to him as aforesaid shall on the happ-

-ening of that event pass over to and vest in

all my children and the children of my daugh-

-ter Mary Ann and their respective heirs and

assigns forever equally to be divided between

them, share and share alike, and my will fu-

-rther is that until my said grandson shall
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 183)

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Description

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138

arrive at the age of twenty one years if he

shall so long live, my two sons James

D'Wolf and Mark A. D'Wolf and my son

in law Jonathan Prescott Hall, and the

survivors and survivor of them whom I here-

-by appoint trustees for this purpose, shall have

the possession change and management of

all the property and estate both real and per-

-sonal herein before bequeathed and devised

to my said grandson, rent out the real estate

James D'Wolf, keep the same in rep-

-air and receive the rents, profits and in course

thereof, and also the dividends, income and

profits of all the personal property herein

before bequeathed to my said grandson and

at their discretion apply the same. or so much

thereof as they. may think proper towards the

support and education of my said grand-

-son and in case there be any surplus to in-

-vest the same from time to time at their

discretion in Bank or other stock in the

name and for the use and benefit of my

said grandson. which said trust I hereby

enjoin upon said trustees in the most

solemn manner faithfully to profit

Eleventh~ I give and devise to my executors here-

-inafter named to have and to hold to them as

joint tenants and not as tenants in common

upon the trusts following that is to say upon

trust for my daughter Catherine D'Wolf Dodge

wife of Joshua Dodge Esqr. First~ One fifth part

of all my lands and personal property in the State

of Ohio. Also~ One fourth part of my Arkwright

Cotton Manufacturing establishment--consisting

of all the real estate whereon the said establishm-

-ent is located and all the lands thereto attached

together with all the Cotton Mills, dwelling

houses and other buildings and improvemen-

-ts thereon being all the lands and real estate I

own in the towns of Scituate, Cranston and Cov-
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 184)

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Description

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[corresponds to labeled page 139 of Will Records Vol. 2 - 1835-1850]


139

ventry and consisting also of all the machinery and

tools and utensils to the same belonging.

Also, One hundred and five shares of the Capital

Stock of Bank of the United States being ten thou-

-sand five hundred dollars. Also two hundred

shares say five thousand dollars of the Capital

Stock of the Blackstone Canal Bank in Prov-

-idence. Also all the remainder of my lot

of land in the City of Baltimore called "Green

Hill" being about five acres, be the same more

or less, three house lots. W 1.2.3. having been al-

-ready given from said tract to James D'Wolf

3d and to my daughter Harriet Hall, also

my house and lot of land in Bristol now

occupied by my daughter Nancy Horner, being

bounded Westerly on Hope Street, Northwardly

on Jail lane; Eastwardly on the Jail lot and

Southwardly on land of Johathan Fales and

the heirs of Samuel Oxx deceased. Also my

lot of land which was a part to the Estate of the

late Jeremiah Ingraham, being bounded on

the North, the East and the South by lands of

Samuel C. Richmond and West by Wood Street

Also four hundred and fifty eight shares of the

Blackstone Canal Company stock, which stock

I consider to be worth about thirty four hundred

dollars. I also give and bequeath to my said

Executors in trust as aforesaid for the use and ben-

-efit of my daughter Josephine, to say one fifth part

of my lands and personal property in the State

of Ohio. Also~ one fourth part of my Arkwright

Cotton Manufacturing establishment consisting

of all the real estate whereon the said establishm-

-ent is located and all the lands thereto attach-

-ed, together with all the dwelling houses Cotton

Mills and other buildings and improvements

thereon being all the lands and real estate I own

in the towns of Cranston, Scituate and Coventry

and consisting also of all the machinery and tools

and utensils to the same belonging. Also~ One hundred
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 185)

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Description

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[corresponds to labeled page 140 of Will Records Vol. 2 - 1835-1850]


140

and five shared of the Capital Stock of the Bank

of the United States. being ten thousand five

hundred dollar. Also~ One sixth part of my

lands in Louisvill or one sixth part of the pro-

-ceeds of said lands exclusive or independent of

~Jas D'Wolf~ what I have given to my son

James which one sixth I consider will be about

fifty thousand dollars during their respective

natural lives to keep the same funds, invested

in the best stocks or bonds and mortgages for

their interests should the present investmen-

-ts of said stock be paid or divided and to

pay the rents, issues incurred and profits

or dividends to my said daughters respectiv-

-ely during their respective natural lives upon

their several seperate receipts, free from the

control or dispositions of their respective husb-

-ands or of any future husband or husbands

and upon the decease of my said daughters respec-

-tively upon the trust to hold the share or shar-

-res of such daughter or daughters so dying to and

for the use of the child or children of such daugh-

-ter or daughters respectively their surviving and

of the issue of any child or children of such who

may die before his, her or their mother or moth-

-ers leaving issue and his, her or their heirs and

assigns forever, such issue respectively to have and

to take the shares which his her or their parent or

parents respectively would have been entitled to if

living. And further my will is that in case

either of my said daughters shall die without leav-

-ing any lawful issue then and in that case this

provision made for such daughter shall be equally

divided among all my children and my grand-

-son James D'Wolf or to their heirs share and share

alike. Twelfth~ All the rest residence and remain-

-der of my whole estate both real and personal and

of any kind and nature whatsoever and wheresoever

the same may be situated lying or being not herein

before disposed of, I give and devise to my executors here
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 186)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 186)

Description

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[corresponds to labeled page 141 of Will Records Vol. 2 - 1835-1850]


141

in after named in trust for my aforesaid chil-

-dren namely James D'Wolf, the children of

my late daughter Mary Ann Sumner taken col-

-lectively and not separately so that the children

of my said daughter Mary Ann may have their

mothers portion were she alive and no more,

Mark Anthony D'Wolf, William Henry D'Wolf,

Harriet Hall, Catherine D'Wolf Dodge, Nancy-

B Horner, William Bradford D'Wolf and Jose-

-phine M. D'Wolf Lovett, and to my aforesaid

grandson James D'Wolf and their heirs for

the term of twenty years the rents, issues, in-

comes and profits or dividends to be paid to

my aforesaid children, grandsons, and the child-

-ren of my said daughter Mary Ann in ma-

nner aforesaid and their respective heirs for

said term of twenty years and to be paid an-

-ually and at the end of said twenty years the

aforesaid property or estate to be divided equally

between my said children and grandson and

the children of my said daughter Mary Ann

taken collectively and not separately so that

they shall have their mothers portion were she

alive and no more of their respective heir sho-

-uld any of them be dead share and share

alike. And it is my further will that my ex-

-ecutors herein after named do and I hereby

empower them to sell and dispose of and con-

-vey all my real and personal estate wheresoever

situated which shall form a part of the said

rest and residue of my estate at such time or tim-

-es and by Public Auction not private sale for

cash or upon credit as to them shall seem best

and most expedient and until they shall

deem expedient to sell the same to lease let

or devise the same from time to time upon

such terms, covenants and conditions and for

such times as they may judge expedient and

divide and pay the rents income and profits

of such real and personal estates so long as the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 187)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 187)

Description

[page 187]

[corresponds to labeled page 142 of Will Records Vol. 2 - 1835-1850]


142

same shall remain unsold in the same

manner as I have herein before directed with

regard ~~ James D'Wolf~ to the shares

of my aforesaid children and grandson and I

also will and direct that the Sixty thousand dol-

-lars of stock in the Bank of Bristol herein

before appropriated to raise the semi annual

payments to my said wife shall on the death

of my said wife fall into and make part of

my residency estate and be appropriated as here-

-in directed in relation to such residency estate

so also in case my said wife shall elect to take

her dower in my estate, instead of the provisions

herein before made for her. Thirteenth~ In the

disposition herein before made of my ships and

other vessels of every description it is to be expressly

understood that my will is that my interest in the oufits and

returns of all ships and vessels engaged in the

business of whaling and in all the oil on board

the same are excluded and my interest in said

outfits, returns and oil shall fall into and

make part of the residue of my estate

Fourteenth~ And whereas it was my intention

in my said will to give said grandson

James D'Wolf such parts of my estate real and

personal as are therrein given to him only upon

the condition that he should attain to the age of

twenty four years. Now, I declare my will to be

that my said grandson James D'Wolf shall have

no part of my estate real or personal unless he

attains to the age of twenty four years but if he

dies before that time and not having married

and leave no legitimate child or children, then

all the aforesaid property real and personal

destined for and given to him in this my

will shall fall into and form part of the

residue of my estate to be disposed of accord-

-ingly. And my said executors shall be trust-

-ees for my said last mentioned grandson

until he arrives at the age of twenty four years
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 189)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 189)

Description

[page 189]

[corresponds to labeled page 144 of Will Records Vol. 2 - 1835-1850]


144

intention is and I therefore will that the

children of my said children and of any

one of my said children and the heirs of my

said children or any one of my said children

shall only take the share of his her or their

parent or parents and such portion of such

residue and the rents, issues, profits and

interest thereof as such parent or parents

would have taken if alive it being my inten-

tions that my grand children, and the heirs

of my said children and each of my children

shall only take the portion of him her or theirs

from whom he she or they may take receive,

or inherit the divisions to be made "per stirpes"

and not "free Captita". Lastly~ I do hereby

nominate constitute and appoint my

four sons namely~ James D. Wolf, Mark -

- Anthony D'Wolf, William Henry D'Wolf

and William Bradford D'Wolf and my

son-in-law Jonathan Prescott Hall Executors

of this my last will and testament and

I do hereby revoke and annul all and every

other Will or Will, Testament or Testaments

by me at any time heretofore made and

published and I do hereby declare this and

this only to be my last will and testament

In Witness whereof I have at the bottom

of the two first sheets of this my last will

and testament /the whole whereof is contained in

three sheets of paper/ subscribed my name and

to this third and last sheet set my hand and

seal this twenty eighth day of December AD

1836 ~~~ James D'Wolf {seal}


Signed sealed, published, processed and

declared by the above named James D'Wolf the

testator as and for his last will and testam-

-ent, in the presence who at his request in his

presence and in the presence of each other have

subscribed our names as witnesses thereto
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 190)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 190)

Description

[page 190]

[corresponds to labeled page 145 of Will Records Vol. 2 - 1835-1850]


145

Levi D'Wolf, Byron Diman, Martin Bennett

State of Rhode Island &c Bristol Ss

Probate Office at Bristol in the County & State

aforesaid July 11th AD 1837. I William Throop

Clerk of the Court of Probate for said town of

Bristol do hereby certify the foregoing fourteen pri-

-nted pages to be a true copy of the last Will

and testament of James D'Wolf late of Bristol

deceased carefully compared with the original

by me which said will was on the 26th day of

January 1838 proved and approved as such

by said Court of Probate, said Instrument

having been previously lodged in this office and

notice given of the same in the Phoenix, a

Newspaper published weekly in said Bristol

and also by posting up notices in conformity

to the Statute of the State~~ And at a subsequ-

-ent meeting of said Court on the 20th day of

February 1838, James D'Wolf and Mark An-

-thony D'Wolf two of the Executors ^named in said will were approv-

-ed as such and that they are at this time legal-

-ly qualified to act in their aforesaid capacities

In testimony whereof I have hereunto set my

hand and affixed the seal of said Court at Bri-

-stol aforesaid the day and year first aforewritten

{seal} Wm Throop- Probt Clerk

State of Rhode Island County of Bristol Ss

Probate Office in Bristol in the County and State

aforesaid ~ July 13th AD 1837~

I hereby certify that Wm Throop whose signatu-

-re is affixed in his own proper hand writing to

the foregoing Probate certificate attached to the will

of James D'Wolf deceased, is the Clerk of said Court

of Probate for said town of Bristol, legally chosen

and engaged therein according to Law.

In testimony whereof I have hereunto set my

hand and affixed the seal of said Probate Court

the day and date heretofore written

{seal} Jos M Blake. President of said Court of

Probate
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 191)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 191)

Description

[page 191]

[corresponds with labeled page 146 of Will Records Vol. 2 - 1835-1850]


146

Pleas at a special Court, held at the Court House in Delaware

on the 26th day of Jany AD 1841 before the Honorable John

Brundige, John Lugenbeel & Ahab Jinks Esqr Associate

Judge of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio.

This day the last will & testament of Robert

Jamison decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced

to writing, approved & ordered to be recorded, and thereupon

Caleb Howard & Samuel Finley the Executors in said will

named refusing to act, as per file, on motion it is ordered

that letters of Administration with the will annexed be

granted to Robert Jamison & Solomon Smith who are

ordered to enter into bonds in the sum of $2000,00 c/ with

Sidney Moore & Caleb Howard as security And it is

further ordered that Robert Farris, Samuel Finley and

George Storm appraise the personal property of said

estate. In the name of the Benevolent Father

of all by whose mercies I am sustained and in whom I

make this my last will & testament as follows, to wit~

1st I will bequeath and devise unto my beloved wife

Easther in addition to her right of dower in my real

property as follows: I will and bequesth unto my said

beloved wife all the wearing apparrel of every Kind and

description which at my death may belong to either of

us, also one Cow, and one bed and bedding such as she

may select from my property and such other household

furniture as she may need to furnish a room for herself

comfortably. Also the use rents and profits of my rights

and interest in a house and lot in the town of Delaware

called and Known as the parsonage house in which the

Rev. M. McIlroy now resides for and during the term

of her natural life. 2ndly All the residue of my property

both personal and real I will bequeath and devise to be

divided after my just debts are paid, among Seven children

as follows, that is to say, the said property shall be divi-

-ded into eight shares, two of which shares shall be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 192)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 192)

Description

[page 192]

[corresponds with labeled page 147 of Will Records Vol. 2 - 1835-1850]


147

given to my oldest son Robert, and one share to each of my

other children, to wit, William, John, James, Hannah

Elizabeth and Easther one share each. 3rdly It is my

will and desire that my sons Robert & James shall have

the use, occupancy and profits of the sawmill and the

appertenants to the same belonging on the lot of land

which I purchased of Mr. Gardner for the term of five

years from the time it shall be put into operation as

compensation for the building the same. 4thly~ I will

and devise all my right, title and interest in & to the

aforesaid parsonage house after the expiration of the

use of the use as aforesaid for the life of my beloved

wife as aforesaid, to my grand daughter Angelina

E. Grinille daughter of my son James, and to her her

heirs and assigns forever, And it is my wish and desire

that the said right and interest should be applied to

the education of my said grand daughter under the

directions of its parents. 5thly~ I do hereby constitute

and appoint Caleb Howard and Samuel Finley

Executors of this my last will and testament. And

lastly I express it as my desire and hope that there shall

be no dispute or controversy between my said children

& heirs in relation to the division of my property, but

that all disputes or controvercies shall be amicably

settled between my said children, devisees and legatees

with the aid and advice of my said Executors without

any suits or litigation. Hereby revoking all former

wills & testaments and now declaring this to be my

last will and testament, and publishing the same as

such this first day of December AD 1837.

Robert Jamison

Signed and published by the said Robert Jamison as

his last will & testament in the presence of the undersigned

who at his request signed the same as witnesses thereto.

TW Powell, D T Fuller, S Finch~

The State of Ohio Delaware County; SS~~ "Personally appear-

-ed in open Court Thomas W. Powell & David T. Fuller

who being duly sworn upon their oaths say that the

paper now here produced in Court purporting to be

the last will and testament of Robert Jamison late
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 193)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 193)

Description

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[corresponds to labeled page 148 of Will Records Vol. 2 - 1835-1850]


148

of the said County decd bearing date the first day of

December AD 1837 was signed published and declared

as his last will & testament at the town of Delaware

on the day of the date thereof, or thereabouts in our

presence and that we the said witnesses then and there

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

at his request signed our names thereto as witnesses.

That the said Robert Jamison at the time of the execution

thereof as aforesaid was of about the age of sixty years

and of sound mind and memory and not acting under

any restraint, and further say not. T.W. Powell

Subscribed & sworn to in open Court, DT. Fuller

Special Session Jany 26th 1841~ WD Heim Clerk~

Also at same time came S Finch & being duly

sworn deposed & says that he has examined the said will

& finds that his name is thereto subscribed is in his own

proper hand writing and he is satisfied from this fact

that he at the time of the execution thereof understood

& believed that the facts above stated in the depositions

of T.W. Powell & D.T. Fuller are true & he still believes them

to be true because he would not have subscribed said will

as a witness if he had not so believed at the time.

Subscribed & sworn to in open Court, S. Finch~

Special Session Jany 26th 1841~ WD Heim Clerk~


Recorded the foregoing Will Ss Feby 4th 1841

Attest~ WD Heim Clerk~


Pleas held at the court House in Delaware on the 21st day

of April AD 1841, before the Honorable Joseph R. Swan Pres-

-ident & John Brundige, John Lugenbeel & Ahab Jinks Esqr his

Associate Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio

Delaware County SS.

This day the last will & testament of John B Grist decd was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing, approved & ordered to be

recorded. And thereupon came into Court Abagail Grist widow

of said deceased & made her election to take under the will.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 194)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 194)

Description

[page 194]

[corresponds to labeled page 149 of Will Records Vol. 2 - 1835-1850]


149

To all people to whom these presents shall x Greeting

Know ye that I John B Grist of the Township of Berkshire

in the County of Delaware & State of Ohio~ do make my last

will & testament in the words & form following. first it is my

will that my funeral expenses and all my just debts be fully paid

Secondly I give, devise & bequeath to my beloved wife Abagail

Grist in lieu of her dower the plantation on which we now live

situate in the township & County above named, containing

about Ninety acres, during her natural life and all the live

stock by me now owned & kept thereon, also all the household & fur-

-niture and other property that may be on the farm at the time

of my death. She however disposing of al sufficiency thereof to pay

my just debts as aforesaid~ And at the death of my said Wife

all the property hereby devised & bequeathed to her as aforesaid

or so much thereof as may then remain unexpended, I give and

bequeath to my two sons, John W Grist and Edwin A Grist

with the exception of One Hundred dollars thereof of the said

property I give and bequeath to my youngest daughter

Aby Ann Grist when she is eighteen years of age.

Third I give and devise to my oldest son George Grist Thirty

acres of land adjoining the aforesaid premises on the North

being thirty acres I bought off of the Skeels farm so called

with the condition of his paying to Mahala Walker my

oldest daughter. One hundred dollars, and also to Eunice

Weeks my next oldest daughter One hundred dollars in

one year after my death, possession of the said thirty acres

of land to be given to my said son George at my death but

my daughter Mahala and Eunice is to have a perpetual

lien on said thirty acres of land till the payment of the afore-

-said sums of One hundred dollars each is paid. Lastly

I appoint my wife Abagail Grist to be the Executor of this my

last will & testament intestimony thereof I have hereunto set

my hand and seal this nineteenth day of September 1840.

Signed, Sealed and John x [his mark] B Grist {seal}

published as his last & testament

in the presence of Joseph Patatrick. V.C. Atherton, Henry Lott

Mary Lott~

The State of Ohio Delaware County SS.

Court of Common Pleas April Term 1841~

Joseph Patrick & Valentine C Atherton being duly sworn in
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 195)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 195)

Description

[page 195]

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150

open Court upon their oaths say that the paper now here pro-

-duced in open Court & purporting to be the last will & testament

of John B Grist decd & dated the Nineteenth day of September

1840, was duly executed by the said John B. Grist & published

as his last will & testament in our presence at his residence

in Berkshire on the day of the date thereof~ That we the

said affiants saw him there make his mark to his sig-

-nature thereto~ that we then & there at his request in his

presence & in the presence of each other signed our names

as witnesses thereto~ that he was at the time thereof of sound

mind & memory of the age of about Sixty years and acting

under no restraint. Joseph Patrick, V.C. Atherton

Subscribed & sworn to in open Court April Term 1841

W.D. Heim Clerk~

Recorded the foregoing will & &c April 30th 1841

Attest W.D. Heim Clerk


Pleas held at the Court House in Delaware on the 22d

day of April AD 1841~ before the Honorable Joseph R Swan

President & John Brunnige, John Lugenbeel & Ahab Jinks Esqr

his Associates, Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio

Delaware County SS

This day the last will & testament of Jeremiah Roberts decd

was produced in open Court & proved by the testimony of the

Subscribing witnesses thereto as reduced to writing, approved

& ordered to be recorded & thereupon on motion of Mary Roberts

& Jonathan Coomer the executors in said will named. It is

ordered that letters testamentary be granted them upon their en-

-tering into bonds in the sum of $600.00 & with S. S. Winsor &

Ezra Olds as security & it is further ordered that William T. Sharp

Henry Clive Jr & Christian Black appraise the personal prop-

-erty of said Estate.

In the name of the Benevolent Father of all

I Jeremiah Roberts of Marlborough Township, Delaware

County and State of Ohio do make & publish this my last

will and testament

Item 1st I give & devise to my beloved wife in lieu of her
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 196)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 196)

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[corresponds to labeled page 151 of Will Records Vol. 2 - 1835-1850]


151

dower the farm on which we now reside, situate in Marlborough

Township, Delaware County aforesaid, containing about Twenty

acres, during her natural life and all the stock, household goods,

furniture, provisions and other goods & chattels which may be

thereon at the time of my decease during her natural life as

aforesaid she however selling so much thereof as may be suf-

-ficient to paying my just debts

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

and such part of the said personal property or the proceeds

thereof as may then remain unexpended I give and devise to be

equally divided among my children viz. William J Roberts

Polly Hoskins, Sally Plumb, Delilah Hopkins, Perneloby

Smith, and Experience Smith and their heirs.

Item 3rd I hereby constitute and appoint my wife Mary

Roberts and Jonathan Coomer Executors of this my last will

and testament

In testimony whereof I have hereunto set my hand & seal

this twentieth day of February in the year of my Lord One thous-

-and Eight hundred and forty one

Jeremiah Roberts {seal}

Signed and acknowledged by

said Jeremiah Roberts as his last will & testament in our

presence and signed by us in his presence.

Joseph W Elliott~

Jonathan Coomer~

State of Ohio Delaware County SS

Court of Common Pleas April Term 1841~

Personally came Joseph W Elliott and Jonathan Coomer

the subscribing witnesses to the within will who made Solemn

oath that they were present at the execution of said will by the

testator Jeremiah Roberts, that said testator was more than

twenty one years of age of sound mind & memory & not acting

under any restraint and further that said testators name

was signed by Joseph W Elliott at the particular request of sd

Jeremiah Roberts and in his presence and in the presence of

each of the subscribing witness. Jonathan Coomer

Joseph W Elliott

Sworn & subscribed in open Court April Term 1841

WD Heim Clerk

Recorded the foregoing will May 1st 1841

Attest WD Heim Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 197)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 197)

Description

[page 197]

[corresponds to labeled page 152 of Will Records Vol. 2 - 1835-1850]


152

Pleas held at the Court House in Delaware on the 27th day of

April AD 1841, before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-

-ciates Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio.

Delaware County SS

This day the last will & testament of Fancher Brown decd

was produced in open Court & proved by the testamony of the sub-

-scribing witnesses thereto as reduced to writing approved & ordered

to be recorded. The Executors named in said will refusing to

act & the widow Catherine Brown first giving notice in open

Court that she did not desire to Administer upon said Estate

but recommended the appointment of Charles Dodge as the

Administrator thereupon Daniel Brown the oldest son

of the deceased appeared in open Court & asked to be appointed

Administrator on said Estate & the said Catherine Brown there

moved the Court that they appoint her the Administratrix on

said Estate & gave notice that she declined taking under the will

but would claim her dower at law. The said Daniel Brown

then proved that said Catherine is incompetent to discharge the

duties of an Administratrix. Thereupon the Court appoint

the said Daniel Brown Admr on said Estate with the will

annexed & that he enter into bonds in the sum of $2000.00?

with Ananias C Leak & Benjamin R Ward as security. And

it is further ordered that Silas Ogden, Samuel Carver & Andrew

Herring appraise the personal property of said Estate.

I Fancher Brown of Trenton Township Delaware

County and State of Ohio, being weak in body but of sound and

sane mind as by these present make my last will & testament

Hereby willing & bequeathing to my wife Catherine the use of all

my property consisting in notes of homes and all personal prop-

-erty to me belonging or to me in any wise appertaining after

all my houses debts which I will shall be firstly paid as long

as my wife Catherine remaining widow, and if in any case

she marry before her death there what monies and property

she has the use of is to go to my children and also if she remains

my widow until the time of her death she is to have the use

of all my property and after that to be equally divided among

my legal heirs. And I also hereby make choice of Charles Armst-

-rong and Allen McLane and do appoint them as my Executors
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 198)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 198)

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[corresponds to labeled page 153 of Will Records Vol. 2 - 1835-1850]


153

of this my last will and testament. In witness hereof I have

set my hand & seal in the year of our Lord One thousand Eight hun

dred and forty one. March the x

Fancher Brown {seal}

Witness by us

John Armstrong, Evaline Huff,

The State of Ohio Delaware County SS

Court of Common Pleas at April Term AD 1841~

John Armstrong and Evaline Huff being duly sworn

in open Court upon their oaths say that the paper was here pro-

-duced in open Court purporting to be the last will & testam-

-ent of Fancher Brown and dated March the _ 1841 was

duly executed by the said Faucher Brown and published

as his last will and testament in the presence of us the said

officiats at his residence in Trenton Township in the said

County on the day of March 1841. That we the said

officiats saw him the said Brown sign his name thereto

that we then & there at his request in his presence and in the

presence of each other signed our names as witnesses thereto~

That he was at the time thereof of sound mind and memory

of about the age of Sixty years and acting under no restraint

Subscribed & Sworn to in open John Armstrong

Court April Term 1841 Evaline Huff

WD Heim Clerk

Recorded the foregoing will May 3rd AD 1841

Attest WD Heim Clerk~


Pleas held at the Court House in Delaware on the 17th day

of September AD 1840 before the Honorable Joseph R

Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqr his Associates, Judges of the Court of Com-

-mon Pleas in & for the County of Delaware in the State of

Ohio~ Delaware County; Ss

This day the last will & testament of Timothy

Andrews decd was produced in open Court & the testimony

of Lemuel Humphrey one of the subscribing witnesses

reduced to writing & filed, and thereupon a codicil

to said will was produced in open Court & proved by
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 199)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 199)

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[page 199]

[corresponds to labeled page 154 of Will Records Vol. 2 - 1835-1850]


154

the testimony of the subscribing witnesses thereto as reduced

to writing, which is approved by the Court. And it appear-

ing to the satisfaction of the Court that Joshua W Bebout

the other subscribing witness to the said will is a resident

of Crawford County in this State on motion ordered

that a Commission issue with the said will annexed

to Timothy Andrews Esqr to take the deposition of the

said Joshua W. Bebout as to the execution of the said

last will & testament, & report the same to the next term

of this Court, to which time this matter is continued

And afterwards, to wit, at the April Term of the Court

of Common Pleas, held for said County, for the year 1841.

The following proceedings were had & entered in regard to

said will, to wit~ This day Timothy Andrews the

Commissioner heretofore appointed to take the deposition

of Joshua W. Bebout touching the execution of the last

will & testament of Timothy Andrews decd made report

of his proceedings with the proof by him taken, & the

Court upon examination of the matter consider said

will duly proved & order the same to be recorded.

In the name of God, Amen, I Timothy Andrews of

Liberty Township, Delaware County and State of Ohio

being sound and perfect mind and memory do make and

publish this my last will and testament in manner and

form following, that is to say. First~ I give and bequeath

unto my well beloved wife Mary Andrews one equal

third part of all my real estate during her life time also

one horse with thirty dollars, one Cow and the use of

my dwelling House, so long as she shall remain my

widow and no longer. I do also give and bequeath unto

my oldest son Lyman Andrews lands as follows all

west of the road running North and South through my

farm. I do also give and bequeath unto my son Timothy

Andrews lands as follows all east of the road running

north and south through my farm. I do also give &

bequeath unto my daughter Clarissa Goodrich the sum

of ten dollars to be paid by my son Timothy two years

after my death. I do also give to my daughter Flora

Shadoe the sum of ten dollars to be paid by my son

Timothy two years after my death. I do also give &
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 200)

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[corresponds to labeled page 155 of Will Records Vol. 2 - 1835-1850]


155

bequeath to my daughter Anna Andrews twenty dollars

to be paid by my son Lyman to be paid two years after

my death. I do also give all my movable property to my

two sons Lyman and Timothy excepting household fur-

-niture which I bequeath to my wife Mary to posess so

long as she shall live and after her death to be equal

divided between my three daughters above named. And

further more its my will that my two sons Lyman and

Timothy shall equally pay all my just debts and funeral

charges. It is my will that if any one of my heirs that

have been bequeathed shall bring any claims against

my Estate shall be debarred from all privileges in this

will which are older than this date, And I do hereby

appoint my two sons Lyman & Timothy Executors x this

my last will and testament hereby revoking all former

wills by me made. In testimony whereof I have hereunto

set my hand and seal this 10th day of April in the year

of our Lord 1834. Timothy Andrews {seal}

Signed sealed published and declared by the above

named Timothy Andrews to be his last will & testament

in the presence of us who have hereunto subscribed our

names, as witnesses, in the presence of each other and in the

presence of the testator~ Lemuel Humphrey

Joseph W Rebout~

Whereas I, Timothy Andrews have previous to this date

made my last will and testament and lodged the same

in the hands of Lemuel Humphrey for safe keeping do

hereby declare the following to be a codicil to the same.

I do hereby revoke so much of my former will as gives my

wife Mary a Horse. I do hereby give and bequeath to my

wife Mary my chesnut sorrel breeding mare. I do hereby

give and bequeath to my sons Lyman & Timothy all my

moveable estate except my household furniture and that

they for the same shall furnish my wife Mary with a

good new side saddle. I also give and bequeath to my

daughter Flora the above named side saddle at the death

of my wife Mary. I also give and bequeath to my daughter

Clarissa twenty dollars of the note of hand I hold against

Augustus Case. I also give and bequeath to my daughter

Ann ten dollars of the note I hold against Augustus Case
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 201)

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[corresponds to labeled page 156 of Will Records Vol. 2 - 1835-1850]


156

I also will that my sons Lyman & Timothy pay my honest

debts, August 15th 1840~ Timothy Andrews {seal}

In witness whereof~ Josiah Fisher~ Davis Clark~

The State of Ohio Delaware County, SS

In the Court of Common Pleas, September Term AD 1840~

Josiah Fisher & David Clark appeared in open Court

& being duly sworn upon their oaths do say that the x

now here produced in open court & purporting to be a

codicil to the last will and testament of Timothy Andrews

late decd bearing date August 15th 1840 was by the said

Timothy Andrews on the day of the date thereof, at his

residence in Liberty township, in said County published

& declared as a codicil to his last will & testament, that

he the said Timothy then & there in our own presence in

his own proper person signed & sealed the same by the hand

of Josiah Fisher & at his request we then & there in his presence

at his request and in the presence of each other subscribed

the same as witnesses, that the said Timothy Andrews x

then about seventy four years of age of sound mind and

memory and not acting under any restraint and further

say not~ Josiah Fisher~ David Clark~

Subscribed & sworn to in open Court this 17th day of

Sept. 1840~ WD Heim Clerk~

The State of Ohio Delaware County SS

In the Court of Common Pleas September Term 1840~

Samuel Humphrey appeared in open Court & being duly

sworn upon his oath says that the paper now here produced

in open Court purporting to be the last will & testament of

Timothy Andrews bearing date on the 10th day of April AD

1834 was by the said Timothy Andrews on the day of the

date thereof at the residence of Samuel Humphrey in

Liberty Township in said County published & declared as

his last will & testament, that he said Timothy then & there

in our own person signed & sealed the same as his said last

will with his own hand and we then and there in his

presence at his request and in the presence of the other

subscribing witness, that the said Timothy Andrews was

then about sixty eight years of age of sound mind and

memory and not acting under any restraint and

further say not. Lemuel Humphrey
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 202)

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[corresponds to labeled page 157 of Will Records Vol. 2 - 1835-1850]


157

Subscribed & sworn to in open Court September Term 1840

WD Heim Clerk~

The State of Ohio Crawford County Ss Joshua W. Bebout

of lawful age personally before me at my office in

the Town of Bucyrus and after being duly sworn deposed

and says, that the paper now produced and shown to him

purporting to be the last will and testament of Timothy

Andrews bearing date on the 10th day of April AD 1834

was by the said Timothy Andrews on the day of the date

thereof at the residence of Lemuel Humphrey in Liberty

township in Delaware County Ohio published & declared

as and for his last will & testament, that the said Timothy

then and there in my presence signed & sealed the same

as his said last will with his own hand, and in

the presence of the other subscribing witness signed the

same as a witness thereto, That the said Timothy Andrews

was then about sixty eight years of age, was of sound

mind and memory and under no restraint

J.W. Bebout~

Sworn to & subscribed before me this 13th day of November

AD 1840. Z. Rowse Justice of the Peace~

State of Ohio Crawford County Ss

I, Z. Rowse Clerk of the Court of Common Pleas of the

County aforesaid do hereby certify that Z. Rowse Esqr

before whom the above deposition appears to have bee

taken was at the time and now is an acting Justice of

the Peace within and for the County aforesaid duly

commissioned and qualified according to law full faith

& credit are due to his official acts as such.

{seal} In testimony whereof I have hereunto set

my hand & the seal of said Court this 13th

day of November AD 1840. Z. Rowse Clerk

Recorded the foregoing Will etc May 15th 1841

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 203)

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[page 203]

[corresponds to labeled page 158 of Will Records Vol. 2 - 1835-1850]


158


Pleas held at the Court House in Delaware, on the 25th

day of August AD 1841 before the Honorable John Brundige

John Lugenbeel & Ahab Jinks Associate Judges of the court

of Common Pleas in & for the County of Delaware in

the State of Ohio. Delaware County; Ss

This day the last will & testament of Robert Lewis

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

approved & ordered to be recorded, And thereupon on motion

of Robert Carpenter & Thomas Lewis the executors in said

will named, it is ordered that letters testamintary be granted

them upon their entering into bonds in the sum of $1000.00

with Silas Ogden & Rufus Carter as security. And it is

further ordered that Levi Meredith, Cyrus Longshore &

Gilbert VanDorn appraise the personal property of said

estate. I Robert Lewis of Trenton Township

Delaware County & State of Ohio do make & ordain this my

last will & testament in manner & form following (viz) as

it has pleased the giver of all good to give me of this worlds

goods, therefore I give & bequeath to promote his cause on

earth as I feel in duty bound Twenty dollars to the Treasurer

of the nearest Sabbath School Society. I give & bequeath to the

Treasurer of the nearest Bible Society twenty dollars, to the

Treasurer of the nearest Missionary Society twenty dollars,

twenty dollars to the Treasurer of the nearest Tract Society,

& twenty dollars to the nearest education Society for the

Gospel ministry, next I ordain that all my just debts and

funeral expenses be paid, the rest of my property I ordain

to be divided into seven equal shares (viz) one share to the

children of Wm & Betsy Nelson decd, one share to Rebecca

Lewis (widow of Robert Lewis Junr decd) one share to Anna

Rose and her issue by Eleazer Carpenter decd, one share to

Lyman & Nancy Carpenter & their children, one share

to the children of Robert & Eleanor Carpenter, one share

to Robert & Sally Reeder and their children and one share

to Thomas Lewis, and further I nominate constitute &

appoint Robert Carpenter & Thomas Lewis Executors of

this my last will and testament, in witnesses thereof

I have set my hand & seal this 17th day of May one

thousand eight hundred & forty one.

Robert Lewis ~

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 204)

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[corresponds to labeled page 159 of Will Records Vol. 2 - 1835-1850]


159

Witnesses present ~ Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton

The State of Ohio Delaware County Ss

In the Court of Common Please August Tenn 1841 ~

Silas Ogden, Alvin P. Condit and Squire Wheaton appeared

in open Court & being duly sworn upon their oaths say

that the paper now here produced in Court, purporting to

be the last will and testament of Robert Lewis bearing

date the 14th day of May AD 1841 was by said Robert

Lewis on the day of the date thereof at his own dwelling

house in Trenton Township in the said County acknowl-

-edged the same to be his last will and testament (one

of the said witnesses Silas Ogden saw him sign and

subscribe his name thereto) and then and there requested the

said affiants to subscribe their names thereto as witnesses

which they did attest and subscribed their names as

witnesses thereto accordingly in his / the said testator's

presence at his request. That the said Robert Lewis was

at the time aforesaid about seventy years of age, of sound

mind and memory and not acting under any restraint

Silas Ogden ~ Alvin P. Condit ~ Squire Wheaton

subscribed & sworn to in open Court August Term 1841

WD Heim Clerk

Recorded the foregoing will &c Sept. 7th 1841.

Attest. WD Heim Clerk ~


Pleas held at the Court House in Delaware on the 25th

day of August AD 1841 before the Honorable John Brun-

-dige, John Lugenbeel & Ahab Jinks, Associate Judges

of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio ~ Delaware County; Ss

This day the last will & testament of Rhoda Barber

decd was produced in open Court, & proved by the

testimony of the subscribing witnesses thereto as reduced

to writing, approved & ordered to be recorded.

Rhoda Barber of the County of Delaware in the State

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

in manner and form following that is to say. First, It is

my will that my funeral expenses and all my just debts

be fully paid. Second, I give and devise and bequeath to

my two grandchildren, Elizabeth Rhoda and Mary
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 205)

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[corresponds to labeled page 160 of Will Records Vol. 2 - 1835-1850]


160

Ann Jane Griffin, daughters of Linus & Octavo Griffin

a certain lot of land situated in Marlborough Town-

ship, Delaware county Ohio which so as deeded by Thomas

F. Case to me and the 14th day of August AD 1834 containing

fifty acres / with the exception of four acres deeded by

me to Aaron H. Green & four acres which I sold to Adam

Rhodes which now belongs to Linus Griffen / which shall

be equally divided between them, and lastly, I hereby

constitute and appoint Linus Griffin to be the executors

for this my last will and testament revoking & annulling

all former wills by me made and ratifying & confirming

this and another to be my last will & testament. In

testimony whereof, I have hereunto set my hands & seal

this 11th day of August AD 1840.

Rhoda Barber {seal}

Signed published & declared by the above named Rhoda

Barber as and for her last will & testament in presence

of us who at her request have signed as witnesses to the

same. Samuel Hull ~ Wlliam Osborn ~

The State of Ohio Delaware County; Ss

In Common Pleas August Term 1841 ~ Samuel Hull

& William Osborn being duly sworn in open Court upon

their oaths says that the paper now here produced in

open Court, purporting to be the last will and testament

of Rhoda Barber hearing date the 11th day of August

AD 1840 was acknowledged by the said Rhoda to be

her last will & testament in their presence, and that they

at her request and in her presence signed their names

to the same as witnesses on the day of the day of the date

thereof at her residence in Marlborough Township in

the said County. That she the said Rhoda was then

of about seventy years of age, of sound mind and memory

& not acting under any restraint.

Samuel Hull ~ Wm Osborn

Subscribed & sworn to in open Court, August Term 1841.

WD Heim Clerk

Recorded the foregoing will &c Sept 7th 1841 ~

Attest ~ WD Heim Clerk ~

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 206)

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Description

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161

Pleas held at the Court House in Delaware, on the

27th day of August AD 1841 before the Honorable John

Brundige; John Lugenbeel & Ahab Jinks, Associate Judges

of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio ~ Delaware County; Ss

This day the last will & testament of John

Evans decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced

to writing, approved and ordered to be recorded.

The last will & testament of John Evans of Troy Town-

-ship Delaware County Ohio ~ In the name of God I

John Evans considering the uncertainty of this mortal

live and being of sound mind and memory / blessed be the

almighty for the same / I do make and publish this my

last will and testament in manner and form following

/ that is to say / First, I will and bequeath unto my daugh-

-ter Ann who is now in Wales one dollar. I will and

bequeath to my daughter Margaret who is also in Wales the

sum of one dollar to be paid in one year after my death.

I will & bequeath to my daughter Elizabeth twenty dollars

a year provided that she stands in need of so much &

if her guardian / who I shall hereafter appoint / will

consider necessary for her to have the sum aforesaid or

part of it yearly, as I do not consider her capable of

judging for herself so she is not to have any of the sum

of money aforesaid but by the discretion of the Guardian

I will & bequeath all my other property real and personal

between my beloved wife and my son John, each have a

share and share alike as long as my wife Elizabeth will be

a widow, but if she will marry she is to have no share, all

shall be my son John, and after death if she will die a

widow all shall be my son John after her death. I hereby

nominate and appoint Evan Thomas to be guardian and

overseer over my daughter Elizabeth, also I hereby appoint

my wife Elizabeth and my son John the executors of

this my last will and testament hereby revoking all

former wills by me made. In witness whereof I have

hereunto set my hand and seal the thirty first day of

May in the year of our Lord one thousand eight hun-

-dred & forty one John Evans ~

Signed, sealed, published & declared by the above

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 207)

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162

named John Evans to be his last will and testament

in the presence of us, who at his request and in his presence

have subscribed our names as witnesses thereto

Maurice M. Jones~ John Morris.

The State of Ohio, Delaware County: Ss

In the Court of Common Pleas August Term 1841~

Maurice M. Jones and John Morris in open Court being

duly sworn upon their oaths say, that the paper now here

produced in Court, purporting to be the last will & testament

of John Evans bearing date May 31st 1841 was by the said

John Evans on the day of the date thereof, at his residence

in the said County signed in their presence and acknowledged

declared and published as his last will and testament, and

that they the said deponents at the request of the said John

Evans then & there in his presence & in the presence of

each other signed their names to the same as witnesses

thereto. That the said John Evans was at the said date

about the age of sixty five years, of sound mind & memory

and not acting under any restraint.

Maurice M Jones

John Morris

Subscribed & sworn to in open Court, August Term 1841

WD Heim Clerk

Recorded the foregoing Will etc Sept. 8th 1841~

Attest WD Heim Clerk


Pleas held at the Court House in Delaware on the 27th day

of August AD 1841 before the Honorable John Brundige,

John Lugenbeel & Ahab Jinks, Associate Judges of the

Court of Common Pleas in & for the County of Delaware

in the State of Ohio. Delaware County, Ss

This day the last will & testament of Silas C. Gorton

decd was produced in open Court & proved by the testimony of

the subscribing witnesses thereto, as reduced to writing

approved & ordered to be recorded. And thereupon on

motion of Emery Moore the Executor in said will named

it is ordered that letters testamentary be granted him

upon his entering into bonds in the sum of $600,00?

with Sidney Moore & Ralph Hills as security And it

is further ordered that John Moses, Samuel Rheam &
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Description

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163

Henry Van Horne appraise the personal property of said

estate. I Silas C. Gorton of the County of

Delaware in the State of Ohio, do make and publish this

my last will and testament in manner and form following

that is to say. First. It is my will that my funeral expences

and all my just debts be fully paid. Second~ I give

devise and bequeath to my two children Ira Moore Gorton

and Eunis Sophia Gorton all my property both real & personal

to them their heirs & assigns forever to be divided equally

between them. Third~ I give and devise unto my daughter

Emily Gorton who now resides in the State of Rhode Island

five dollars in money. And lastly~ I hereby appoint Emery

Moore of Delaware Ohio to be the executor for this my last

will & testament revoking and annulling all former wills by

me made and ratifying and confirming this and no

other to be my last will and testament. In testimony

whereof I have hereunto set my hand and seal this 9th day

of June 1841. Silas C. Gorton {seal}

Signed, published and declared by the above named Silas

C. Gorton as and for his last will and testament in presence

of us, who at his request have signed as witnesses to the

same. Joel Z. Mendenhall~ Nimrod B Spurgeon

State of Ohio Delaware County SS

Joel Z. Mendenhall & Nimrod B. Spurgeon of lawfull

age being duly sworn, says that the paper herewith presen

-ted and which purports to be the last will & testament of

Silas C. Gorton decd dates 9th June 1841 was executed by

said Gorton in our presence and in the presence of each

other as his last will & testament, that said Gorton called

us to witness the execution of the same as his last will

& testament, that we signed the same as witnesses in his

presence, that at the time of the execution of the same

he the said Gorton was of sound and disposing mind &

memory and under no restraint and about the age of

fifty years. Joel Z. Mendenhall

Nimrod B. Spurgeon

Sworn & subscribed to in open Court, August Term 1841~

WD Heim Clerk~

Recorded the foregoing Will &c Sept 8th 1841

Attest~ WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 209)

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Description

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164

Pleas held at the Court House in Delaware on the 28th day

of August AD 1841 before the Honorable John Brundige, John

Lugenbeel & Ahab Jinks Associate Judges of the Court of

Common Pleas in & for the county of Delaware in the

State of Ohio. Delaware County, Ss

This day the last will & testament of Baruch

Holbrook decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as reduced

to writing, approved & ordered to be recorded. And thereupon

on motion of Joseph Cellar the Executor in said will

named, it is ordered that letters testamentary be granted

him upon his entering into bonds in the sum of $600.00?

with James Gillis & John F Cellar as security. And it is

further ordered that Jeremiah Gillis, Andrew Harter &

Thomas C. Gillis appraise the personal property of said

estate. In the name of God, Amen~ I Baruch

Holbrook of the County of Delaware in the State of Ohio

being weak in body but of sound and disposing mind

memory and understanding, thanks be to Almighty God

for the same, do make and publish this my last will and

testament in manner and form following, that is to say

First~ I give, devise & bequeath to my daughters Mary

Deidamia & Eveline Cornelia all of my farm lying in

Sharon Township, Franklin County, Ohio, to be equally

divided between said heirs, for particulars reference will

be had to the deed. Second~ I give, devise & bequeath to

my daughter Eveline Cornelia, and the Heirs of my deceased

daughters Artimecia Margaret & Julia Philistia Seven

hundred and eighty four acres of land I now own in

the State of Indiana, /for particulars refferance will be

had to the duplicates/ said land to be divided into three

equal parts between said Heirs. Third~ I give and devise

to my daughter Eveline Cornelia all of my personal

property, that I now own, & to her heirs and assigns

forever. Lastly~ I hereby constitute and appoint my

son in law Joseph Cellar, to be the Executor of this my

last will and testament, revoking and annulling all

former wills by me made, and ratifying and confirming

this and no other to be my last will and testament

In testimony whereof I have hereunto set my hand
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 210)

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165

and seal, this 7th day of June 1841~ Baruch Holbrook {seal}

Signed, published & declared by the above named

Baruch Holbrook as and for his last will and testament

in presence of us, who at his request, have signed as wit-

-nesses to the same. Jeremiah Gillis

Elizabeth Cunningham

The State of Ohio Delaware County Ss~ In the Court

of Common Pleas August Term 1841~ Jeremiah Gillis &

Elizabeth Cunningham in open Court being duly sworn

upon their oaths say that the paper now here produced in

Court, purporting to be the last will & testament of Baruch

Holbrook bearing date the 7th day of June 1841 was by the

said Baruch Holbrook on the day of the date thereof at

his residence in the said county signed in their presence

and acknowledged, declared and published as his last will

and testament, and that they the said deponents at the request

of the said Baruch Holbrook then & there in his presence &

in the presence of each other signed their names to the same

as witnesses thereto, that the said Baruch Holbrook was

at the said date about the age of seventy two years of

sound mind and memory and not acting under any

restraint. Jeremiah Gillis

Elizabeth Cunningham

Subscribed & sworn to in open Court. August Term 1841

WD Heim Clerk~

Recorded the foregoing Will etc Sept 8th 1841

Attest~ WD Heim Clerk~


Pleas held at the Court House in Delaware, on the 31st day of

August AD 1841 before the Honorable John Brundige, John

Lugenbeel & Ahab Jinks Associatge Judges of the Court of

Common Pleas in & for the County of Delaware in the State

of Ohio. Delaware County; Ss~

This day the last will and testament of Rachael

Adams decd was produced in open Court, & proved by the

testimony of the subscribing witnesses thereto as reduced to

writing, approved & ordered to be recorded and thereupon on

motion of Bartholomew Adams & Mabah D Adams the

Executors in said will named It is ordered that letters

testamentary be granted them, upon their entering into

bonds in the sum of $2400.00 with Henry Hodgden &
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[corresponds to labeled page 166 of Will Records Vol. 2 - 1835-1850]


166

John Nelson as security. And it is further ordered that John

Klapp, Riley Parker & Elijah VanAuken appraise the

personal property of said estate I Rachael

Adams of Berlin township Delaware County Ohio, being

in feeble health but of sound mind and in prospect that I shall

soon be gathered to my fathers do make and ordain this my

last will and testament revoking any and all other wills

made by me at any and at all other former time. First~

It is my desire and will that my funeral charges and

the expences of my last sickness be fully paid~ Second

That all just and lawful debts be fully paid. Third~

My household furniture to my son Mabah D Adams

he is to have all of it. Fourth To each of my children

Joseph, Samuel, Robert, Phillip & Moses Adams my

executors will purchase new bibles to the cost of one

dollar each and present each of the above named chil

-dren in this fourth department with one. Fifth I leave

the residue of my property debts, dues and demands to

my son Bartholomew Adams for his own use and benefit

Sixth It is my will and request that my sons Bartholo-

-mew and Mabah D Adams act as my executors~

In testimony whereof I have hereto set my hand and

seal this 2nd day of March 1841~ Rachael X [her mark] Adams {seal}

The above Rachael Adams published in our presence

that this was her last will and testament and requests

us to witness this as the same. Henry Hodgden

Jasper Dickerman

State of Ohio Delaware County, Ss~ Personally appeared in

open Court Henry Hodgden and Jasper Dickerman and

produced the last will and testament of Rachael Adams

decd who being duly sworn in open Court depose and say

that they were called upon by the said Rachael Adams

to witness the will by them here produced dated March 2d

1841 that they saw said testator sign and seal the same

that she requested them to witness the same as her last

will and testament; that said Rachael at the time was

of sound and disposing mind and memory and of

lawful age, that said testator died on or about the

7th day of April 1841 without revoking or annulling

the will here produced as they verify beleive.

Henry Hodgden~ Jasper Dickerman
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 212)

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[corresponds to labeled page 167 of Will Records Vol. 2 - 1835-1850]


167

Sworn to and subscribed in open Court, August 31st 1841

WD Heim Clerk~

Recorded the forgoing Will &c Sept 8th 1841

Attest WD Heim Clerk~


Pleas at a special Court, held at the Court House in Delaware

on the 28th day of September AD 1841 before the Honorable

John Brundige, John Lugenbeel & Ahab Jinks Associate

Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio.

This day the last will & testament of Evan Davis decd

was produced in open Court & proved by the testimony of

the subscribing witnesses thereto as reduced to writing, ap-

-proved & ordered to be recorded. And thereupon on motion

it is ordered that Evan Davis Jr & Thomas Davis the

Executors in said will named have letters testamentary

upon their entering into bonds in the sum of $600.00?

with Nathan Chester & Frederick Avery as security. And

in case the said Thomas Davis does not appear in

twenty days to accept said trust & sign the bond, that in

such case the said Evan Davis Jr shall proceed above

as Executors on said Estate. And it is further ordered

that Alexander McCutchan, Abraham Williams & George

W Sharp appraise the personal property of said Estate.

I Evan Davis of Delaware Township in the County

of Delaware in the State of Ohio do make & publish this

this my last will & testament in manner & form following

that is to say. First~ It is my will that my funeral

expences and all my just debts be fully paid. Second

I will and bequeath to my beloved wife Jane Davis and

my son Benjamin Davis the use of the farm that I

now live on, situated in township, county & State aforesaid

during my said wife's natural life, also all the stock

on said farm, also all the household and Kitchen furni-

-ture and farming utensils during her natural life.

Third I will and bequeath to my daughter Elizabeth

Reppets the sum of ten dollars. Fourth I will and

bequeath to my son William Davis the sum of Ten

dollars. Fifth~ I will & bequeath to my son Thomas

Davis, the sum of one hundred dollars. Sixth~ I will

and bequeath to my son Robert Davis the sum of
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[corresponds to labeled page 168 of Will Records Vol. 2 - 1835-1850]


168

one hundred dollars. Seventh~ I will and bequeath to my

son Joseph Davis the sum of one hundred and twenty

dollars. Eighth I will and bequeath to my two sons

Evan & Benjamin Davis the farm above described

and to their heirs and assigns forever from and after

the death of my said wife, also all my personal property

of every description. Provided always that my sons

Evan & Benjamin Davis pay the above legacies as above

described within three years after the death of my said

wife. And lastly~ I hereby constitute and appoint my two

sons Evan & Thomas Davis to be the executors for this

my last will and testament revoking and annulling all

former wills by me made and ratifying and confirming

this and no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and

seal this 26th day of April AD 1841~ Evan Davis {seal}

Signed, published and declared by the above Evan

Davis as and for his last will and testament in presence

of us who at his request have signed as witnesses to

the same~ S. H Allen~ Morgan Williams

The State of Ohio Delaware County Ss

At a special Session of the Court of Common Pleas held

by the Associate Judges at the Court House September 28th

1841~ SH Allen & Morgan Wiliams being duly sworn

in open Court, upon their oaths say that the paper here

produced in Court purporting to be the last will and

testament of Evan Davis bearing date the 26th day of

April AD 1841 is the will and testament of the said Evan

Davis, by him on the said day and year last mentioned

at his residence in Delaware Township in said County

published and declared then and there as such, that

the said will and testament was then and there signed

by the said Evan Davis, in the presence of deponents,

that these deponents then and there in the presence of

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

Davis, signed their names to the said will as witnessed

And then and there heard the said Davis acknowledge

the signing thereof to be his act, and as his last will &

testament. They further say that the said Davis was

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 214)

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Description

[page 214]

[corresponds to labeled page 169 of Will Records Vol. 2 - 1835-1850]


169

at the time aforesaid, at least fifty years of age of sound

mind & memory and free from any Kind of restraint and

further say not. Seth H Allen

Morgan Williams

Subscribed & sworn to in open Court September 28th 1841

Attest~ WD Heim Clerk~

Recorded the foregoing Will etc Oct 2d 1841

Attest~ WD Heim Clerk~


Pleas held at the Court House in Delaware on the 11th

day of November AD 1841 before the Honroable Joseph

R. Swan President & John Brundige, John Lugenbeel

& Ahab Jinks Esqr his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in

the State of Ohio. Delaware County Ss~

This day the last will & testament of Samuel Drake

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to wri-

-ting, approved & ordered to be recorded. And thereupon

on motion of David Bush one of the Executors in said

will named /Mary M. Drake the other Executor therein

named having declined acting/ it is ordered that letters

testimentary be granted him, upon his entering into bonds

in the sum of $600.00? with William S Drake & Thomas

Case as security. And it is further ordered that Hiram

Gold, Isaac Bush & Andrew Stroub appraise the person-

-al property of said estate.

I Samuel Drake of the County of Delaware & State

of Ohio do make & publish this my last will & testament in

manner & form following that is to say. First~ It is my

will that my funeral expences and all my just debts con-

-tracted in this State be fully paid. Second~ I give devise

and bequeath to my beloved wife Mary M Drake in lieu

of her dower the farm we now reside on situate in the

County & State aforesaid Section Nineteen, Township

seven & Range nineteen containing about forty acres

to her use during her life time or widowhood also all

the Household furniture, one baldfaced mare, one Red

Cow, one spotted Cow, and four Sheep & one hog with corn to

fatten it, one Sow & two pigs, also ten Bushels of Corn

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 215)

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170

and ten bushels of wheat, six gees & twelve chickens and four

tons of hay & twenty five pounds of wool. Thirdly~ I give

and bequeath to my eldest daughter Anna Drake the sum

of twenty five dollars to her & her heirs forever. Fourth~

I give & devise to my eldest son Uriah Drake twenty five

dollars & to his heirs & assigns forever. Fifth~ I give and

devise to my second daughter Eliza Patten twenty five

dollars to her & her heirs & assigns forever. Sixth~ I give

& devise to x son Isaac Drake twenty dollars, to make him

equal with his brother Samuel in a watch that I gave him

to his heirs & assigns forever. Seventh, the residue of my

property if any left I gave equal to Samuel Drake, Isaac

Drake, Mariah Drake & Sarah Drake, and lastly I

hereby constitute and appoint my said wife Mary M Drake

and David Bush to be the Executors for this my last will

& testament this 26h day of July in the year of our Lord

one thousand eight hundred & forty one.

Signed & sealed in presence of Samuel Drake {seal}

Wm S Drake, Andrew Stroub~

Delaware County; Ss In the Court of Common Pleas

November Term 1841~ William S. Drake & Andrew

Stroub being duly sworn in open Court, upon their oath

say that the paper here now produced in open Court,

purporting to be the last will and testament of Samuel

Drake (since deceased) bearing date the 26th day of July

1841 was signed by the said Samuel Drake on the day of

the date thereof, at his residence in the said County in our

presence and view & then & there published & declared as his

last will & testament, & the said affiants then & there in

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

signed their names thereto as witnesses to the same. The

said Samuel Drake at the time was about the age of

seventy four years, of sound mind & memory, & not acting

under any restraint, and further say not. Wm S. Drake

A Stroub

subscribed & sworn to in open Court

November Term 1841~ Attest~ WD Heim Clerk~

Recorded the foregoing Will etc Decr 21. 1841

Attest. WD Heim Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 216)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 216)

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[page 216]

[corresponds to labeled page 171 of Will Records Vol. 2 - 1835-1850]


171

Pleas held at the Court House in Delaware on the

26th day of November AD 1841 before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel

& Ahab Jinks Esqr his Associates Judges of the court

of Common Pleas in & for the County of Delaware

in the State of Ohio

Delaware County Ss

On motion by T W Powell in behalf of the Executor

it is ordered that the authenticated copies of the last

wills & testaments of John Milton decd & Hannah

Milton decd now produced in open Court & proved

according to the laws of the State of Georgia be admitted

to record among the record of wills for this County

Gods will be done. this is mine

I John Milton of Padanarum in the County of

Burke and State of Georgia do make and ordain

this my last will and testament in manner and

form following to wit. First~ I desire that all my

just debts be fully and fairly paid so soon as possi-

-ble after my decease. Secondly~ I give and bequeath

to my dear wife Hannah Elizabeth Milton her heirs

and assigns my two grey horses called Bronze and

Alonzo to her own proper use and behoof. Thirdly~

I give and bequeath to my son Homer Virgil Milton

his heirs and assigns forever. One Thousand acres of

land lying in the County of Glynn in the State afore-

-said originally granted to Colonel James Armstrong

and by him conveyed to me. Fourthly. I give and

bequeath to my daughter Anna Maria Milton my

negro girl Tenah to have and to hold the said negro

girl Tenah~ together with the future issue and increase

of the said Negro girl Tenah, to the said Anna Maria

Milton her heirs and assigns forever. Fifthly. I give

and bequeath to my dear wife Hannah Elizabeth

Milton my son Algernon Sidney Milton, and my daugh-

ter Anna Maria Milton, their respective heirs and assigns

forever all my slaves that I may die possessed of together

with the future issue and increase of the Female slaves

the said slaves to be fairly and equally divided among them
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172

the said Hannah Elizabeth Milton, Algernon Sidney

Milton and Anna Maria Milton, share and share

alike provided nevertheless that the negro gril Tenah

bequeathed in the fourth clause hereof is to be counted

as one on the share or allotment that may full to my

said daughter Anna Maria Milton. Sixthly I

desire that all my negroes may be kept together and

employed on my plantation in Burke County called

Padan-Arum for the benefit and mutual advantage

of my said wife and two children named in the

fifth clause hereof, during the natural life of my

said wife Hannah Elizabeth Milton. and that no

division of my said negroes shall take place until

my said son Algernon Sidney arrive at lawful age

or my said daughter Anna Maria Milton

Seventhly~ My further will and desire is that within

two years after the death of my said wife Hannah

Elizabeth Milton my plantation or tract of land

called and known by the name Padan-arum in

the said County of Burke /reserving thirty feet square

enclosing my immediate family burying ground &

the other two burying grounds on my said plantation/

composed of three surveys to wit. One of Three hundred

and fifty. One of Five hundred and one of thirty six

and a half acres making in the whole Eight hundred

and Eighty six and a half acres /more or less/ be sold and

disposed of the best possible advantage for the benefit

of my said and daughter. Algernon Sidney and Anna

Maria Milton and the payment of the following leg-

-acies by my Executors hereinafter named or the survivor

of theirs and in case of the death or refusal to act by my

sons Homer Virgil Milton and Algernon Sidney Milton

or the survivor of them. I give to be paid our of the

income arising out of the sale of the above lands. to

my daughter Mary Ann Armstrong Milton five hun-

-dred dollars and to my grandson John Milton son

of Homer Virgil, Five hundred dollars the said legacies

to be paid so soon after the said sale as possible.

Provided nevertheless that if my said wife Hannah

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173

Elizabeth Milton should deem it expedient and advan-

-tageous for the benefit and advantage of my said heirs

to wit herself and my son Algernon Sidney and my

daughter Anna Maria Milton, that then and in

that case the aforesaid land may be sold previous

to her death. She becoming a party as my executrix

in the said sale and to draw one equal share of

the purchase money with my son Algernon Sidney

and daughter Anna Maria Milton after paying

over the two legacies herein before mentioned. And pro-

-vided further that if my said son Algernon Sidney and

my daughter Anna Maria Milton after they arrive at law-

-ful age and after the death of my said wife Hannah

Elizabeth milton, shall agree to pay over the legacies

herein bequeathed to my daughter Mary Ann A May-

-bury and my Grandson John Milton they are by

this my will declared to be at liberty so to do and to

divided the said tract of Eight Hundred & Eighty six

acres between them as they shall think proper.

Eighthly~ My further will and desire is that all my

other lands and town lots within the state and

elsewhere shall be sold and disposed of a speedily as

possible after my decease and the monies arising from

the sales thereof after the payment of my just debts

be equally divided among my said wife and my sons

Homer Virgil and Algernon Sidney and my daugh-

-ter Mary Anne A Marbury and Anna Maria Mil-

-ton. Ninthly~ My will is that all my horses not

herein bequeathed and my stock of Black Cattle and

hogs be kept and taken of for the support of my fam

-ily to wit. my wife and two children Algernon Sidney

and Anna Maria Milton, such of my said stock of

Horses and cattle as may remain to be equally divided

among my said wife and my two children Algernon

Sidney and Anna Maria Milton when my said two

children shall arrive at lawful age. Tenthly~ I do

hereby expressly declare my Executrix and Executors

hereinafter named to be at full Liberty to dispose of my

negro or mullatto fellow called Will at any time
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 219)

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Description

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174

they may desire proper and to apply the money for

which he may be sold to the best advantage of my wife

Hannah Elizabeth Milton and my son Algernon

Sidney and daughter Anna Maria Milton.

Eleventhly~ I desire that all debts due me may be collec-

-ted as speedily after my decease as possible and the

monies arising therefrom be applied to the benefit of my

wife and children Algernon Sidney and Anna Maria

Milton. Lastly~ I hereby constitute nominate and

appoint my loving wife Hannah E Milton my Execu-

-trix and my trusty friend the Reverend Thomas F.

Williams and Seaborn Jones Esquire. Executors of this my

last will and testament written with my own hand

In witness whereof I have hereunto set my hand and

seal this tenth day of December in the year of our Lord

One Thousand Eight Hundred and fourteen

J Milton {seal}

Signed, sealed, published pronounced and declared

by the testator as his last will and testaemnt in presence

of us Samuel Russell Sr. Charles Cheathorm, Elener

A Daberdeau~

Georgia. Burke County. Personally appeared

Elener A Daberneau who being duly sworn saith that she

was present and saw the witness named John Milton

sign. seal. publish and declare the witness to be his

last will and testament, and that he was at that

time of sound disposing mind memory and under-

-standing and that Samuel Russell and Charles

Cheathorm together with this deponent subscribed their

names as witnesses to the same and in the presence of

each other. Elenar A Daberdeau

Sworn to in open Court this 3d Novr 1817.

Saml Sturges Clerk~

Wednesday 7th January 1818~ The Court met pursuant

to adjournment~ Present the Honorable Simeon Lowry

Stephen W Blount. James Welch. James Jackson and

William Dewolf Esqrs~ Granted Letters testamentary

in the Estate of John Milton and to Hannah E Milton she

she being first sworn as the law directs
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 220)

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175

State of Georgia Burke County

In the rescue of God. Amen. I Hannah E Milton

of the County and State aforesaid being duly sensible of

the frailty of human life and certainly of death but now

being through the governess of God of sound and disposing

mind and memory do make, constitute, and ordain

this to be my last will and testament. Imprimis~

I surrender my soul to God who gave it me and my

body to the Earth from whence it came wish this request

that my friends cause it to be interred in a plain Chris-

-tian like manner. Item~ I will that my mulatto

boy Gulliver be sold immediately after my decease

either at public or private sale. as my Executors may

think proper. and that the money arising from his

sale go to discharge my debts together with the money

arising from the sale of my out lands and should

there be any overplus that to be divided between ann

M Milton and the family of my son A S R Milton

Item~ I will and bequeath unto Hannah Elizabeth

Milton my child that now lives with me all my

stock of cattle, the cattle to be sold immediately and

the money to be appropriated to the best advantage

for her support. Item~ I will that my house-

-hold and kitchen furniture be equally divided between

my daughter AM Harris and the family of my

son A S R Milton. And lastly. I nominate and

appoint A.J. Lawson and B. T. Harris to be my

Executors. enjoining on them to see this my last will

and testament fully and faithfully executed

In testimony whereof I have hereunto set my

hand and affixed my seal. This 22d March 1832.

H E Milton {Seal}

Signed. sealed. published. and declared to be the

last will and testament of HE Milton in our presence

who in the presence of each other and the testator have

subscribed our names as witnesses

Seaborn H Jones

A. J. Lawson

Georgia Burke County. Personally appeared in
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Description

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176

open Court A J Lawson. who being duly sworn

deposeth and saith that he was present and saw

Hannah E Milton sign. seal and deliver and declare

the within instrument of writing to be her last will

and testament and that she was at the time of sound

mind memory and understanding and that he

signed the said instrument as a witness and saw

Seaborn H Jones do likewise in the presence of the tes-

-tator A.J. Lawson

Sworn to in open Court July the 6th 1835

J. G. Baduly Clerk

Georgia~ At a meeting of the Justice of the Superior

Court for the County of Burke for Gramacy purposes

on Monday the 6th day of July 1835. Present their

Honors George W Evans. Lewis F. Powell and James

W Jones. The last will and testament of Hannah

E Milton was proven in open Court by Alexr J Lawson

one of the subscribing witnesses to the same and at the

same time granted Letters Testamentary to Benjamin

F. Harris one of the Executors named in said will


Recorded the foregoing wills etcetc Feby 7th AD 1842

Attest WD Heim Clerk~


Pleas at a special Court, held at the Court House in

Delaware on the 15th day of March AD 1842 before the

Honorable John Brundige, John Lugenbeel & Ahab

Jinks, Associate Judges of the Court of Common Pleas

in & for the County of Delaware in the State of Ohio.

This day the last will & testament of John

Hoskins decd was produced in open Court, & proved by

the testimony of the subscribing witnesses thereto as

reduced to writing, approved & ordered to be recorded,

& thereupon on motion of John Randall & John T.

Lenox the Executors in said will named, it is ordered

that letters testamontary be granted them upon their

entering into bonds in the sum of $7000.00? with

John Lenox, Robert Watkins & Paul Randall as
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 222)

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Description

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[corresponds with labeled page 177 of Will Records Vol. 2 - 1835-1850]


177

Security. And it is further ordered that Samuel Landon

Thomas Lavender & William M Warren appraise the

personal property of said estate.

In the name of the Benevolent Father of all

I John Hoskins of Delaware County, & State of Ohio do

make & publish this my last will & testament. 1st I

I give & devise to my beloved wife Jane Hoskins she

shall have the farm on which we now reside within

the Township of Thompson & County & State aforesaid

while she shall live my widdow and at her death this

same shall be sold and the money arising therefrom

shall be equally divided among my heirs then living

2nd I give to my son Jacob Hoskins a certain lot

of land situated and lying x the Township and

County aforesaid supposed to contain 116 acres known

by Kent Land, Lot No 5 as mentioned in said deed

and I request my administrators to give to the said

Jacob Hoskins a good warranted deed free from

charge. 3rd I give to my son Perry Hoskins Lot

No 3 of said land known by the name of the Kent

Survey in said Township and county supposed to

contain 104 acres for which I request my administra-

-tors to give him a deed when he shall have arisen

at the age of 21 years, free of charge. 4th I give to my

son Ebenezer Hoskins a certain lot of Land Known

by the name of the Kent land lying in said Township

and County aforesaid Lot No 4 supposed to contain

109 acres for which when he shall have arisen to the

age of 21 years he shall have a good warranted deed

& I request my administrators to give the same free

of charge. 5th I wish my administrators to sell a

certain lot of land situated and lying the Township

and County aforesaid in the survey Known by the

name of Baum & Perry, Virginia Military lying

west of land owned by Cyra Landon on the 2nd tier

of lots supposed to contain 101 x and twenty rods, also

part of Lots No 31. 32 supposed to contain 51 acres &

20 rods in the same survey, also one other lot of land

lying on the west side of the Scioto river in the same

Survey Known as the Henry Hoskins farm of said

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 223)

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178

Township late deceased, supposed to contain 130 acres more

or less, I also wish that after my just and honest debt are

all paid, the money that shall be made by the sale of the

said lands and my personal property, shall be equally

divided amongst my heirs and the said land shall be

sold as soon as can be done to the best advantage. I also

appoint John Randall & John Lenox as my administra-

-tors of this my last will and testament I hereby auth-

-orizing and empowering them to compromise, adjust,

release and discharge in such manner as they shall deem

proper the debts and claims due me I do also empower

them to give deeds and to acknowledge and deliver in

fee simple this 25th day of Jany AD 1842.

J. Hoskins~

Signed and acknowledged by the said John Hoskins as his

last will & testament in our presence & signed by us in his

presence. James Landon~ Samuel C. Weeks~

I John Hoskins do also determine that if any one of

said heirs shall go to law for dower that they shall forfeit

all benefit in this my last will and testament, and I do

hereby authorize my administrators to carry into full

afect this request. John Hoskins

Witness~

James Landon~ Samuel C. Weeks~

The State of Ohio Delaware County Ss~

At a special Court of Common Pleas held in the Town of

Delaware March 15th 1842. James Landon & Samuel C

Weeks in open Court being duly sworn, upon their oaths

say that the paper now here produced in Court, purporting

to be the last will and testament of John Hoskins bearing

date 25th day of January 1842 was by the said John

Hoskins on the day of the date thereof at his residence in

the said County signed in their presence & acknowledged

declared & published as his last will & testament and that

they the said deponents at the request of the said John

Hoskins then & there in his presence & in the presence of each

other signed their names to the same as witnesses thereto that the

said John Hoskins was at the time about the age of fifty

six years of sound mind & memory & not acting under any

restraint. Samuel C Weeks

James Landon
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 224)

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[corresponds with labeled page 179 of Will Records Vol. 2 - 1835-1850]


179

Subscribed & sworn to in open Court March 15th 1842

WD Heim Clerk ~

Recorded the foregoing will etc March 16th 1842

Attest~ WD Heim Clerk



Will of James Dean decd


Pleas held at the Court House in Delaware on the 5th day

of April AD 1842 before the Honorable Joseph R Swan

President & John Brundige, John Lugenbeel & Ahab

Jinks Espr his Associates, Judges of the Court of Common

Pleas in & for the County of Delaware in the State of

Ohio. Delaware County; ss

This day the last will & testament of James

Dean decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced

to writing approved & ordered to be recorded. And

thereupon on motion of Hannah Dean & Samuel

D. Dean the Executors in said will named, It is ordered

that letters testamentary be granted them upon their

entering into bonds in the sum of $600.00? with

Thomas Jones & William Winget as security

And it is further ordered that Ezra Winget, Joseph Dodds

& James Flanagan appraise the personal property of

said estate. In the name of the beloved Father

of all, I James Dean though feeble in body yet in sound

mind blessed be God for the same, do make & publish this

my last will & testament and first I give & bequeath to

my beloved wife Hannah Dean all my estate consisting

of two hundred acres of land, the farm on which I now

live with all the personal property belonging to or in any

wise pertaining to me with the exception of one Brown

Mare and one red and white Cow that I have given

to my daughter Hannah R Dean and it is my wish

at the death of my wife that my two sons Robert

R. Dean & William A Dean if they should act the

part of children to a parent, that they get the land

on which I now live the one that gets the East half
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 225)

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180

shall have the use of half of the orchard til they get one

of their own, also it is my will that my sons Robert R

Dean x William A Dean take the land that they pay to

each of the girls to wit, Nancy Ross shall receive five dol-

-lars, also my daughter Margaret Jones shall receive

five dollars, also my son Abraham Dean shall receive five
etc
dollars, Also John Alexander Dean, Sarah Benfield Dean,

Elizabeth Miller Dean, Margaret Jane Dean, Hannah

Dean, Nancy Dean, Rosannah Dean, James William

Dean, Heirs of my late lamented son James Dean decd

shall receive one dollar a person all to be paid when the

estate is finally settled, it is also my will that if my

daughter Hannah Dean should not marry that she

shall have her living of the farm, provided my wife

should stay on said farm, but if she should think it

best to dispose of it that Hannah if she should remain

single is still to have her living. I do hereby nominate

& appoint my beloved wife Hannah Dean Executrix &

Samuel D Dean my beloved son Executor of this my

last will & testament hereby empowering them and

authorizing them to compromise adjust & release as

they may deem proper and I do also authorize them if it

should be necessary to sell at private sale any property

to pay debts, expences etc I do hereby revoke all former

wills by me made. In testimony whereof, I have

hereunto set my hand and seal this 24th day of Septr

AD 1841. James Dean {seal}

Signed & acknowledged by said James Dean as his

last will & testament in our presence & signed by us

in his presence. Benj Rodgers~ Wm C. Winget~

Delaware County; ss~ In the Court of Common

Pleas April Term 1842~ Benjamin Rodgers and

William C. Winget being duly sworn in open Court

upon their oaths say that the paper here now produced

in open Court purporting to be the last will & testa-

-ment of James Dean /late of the said County and

now deceased/ bearing date the 24th day of September

AD 1841 and witnessed by these deponents was signed by

the said James Dean in the presence of the said Benja-

-min Rodgers who then & there saw him do the same.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 226)

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181

and then & there soon afterwards acknowledged the signing

thereof to the said William C Winget, and the said Dean

then & there at his residence in Scioto Township in the

said County, published and declared the same as his

last will & testament, and we at his request and in his

presence signed our names thereto as witnesses. The said

Dean was then about the age of seventy years of sound

mind and memory and not acting under any restraint

and further say not. Benj. Rodgers

Wm C Winget

Subscribed & sworn to in open Court April 5th 1842

Attest~ WD Heim Clerk ~

Recorded the foregoing Will etc

April 16th 1842~ WD Heim Clerk~


Will of Thomas Lodwig decd


Pleas held at the Court House in Delaware on the 9th

day of April AD 1842 before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqrs his Associates, Judges of the Court of

Common Pleas & for the County of Delaware in the

State of Ohio~ Delaware County; ss

This day the last will and testament of

Thomas Lodwig decd was produced in open Court &

proved by the testimony of the subscribing witnesses

thereto as reduced to writing, approved & ordered to be

recorded~ I Thomas Lodwig of the County of

Delaware in the State of Ohio do make and publish this

my last will and testament in manner & form following

that is to say. First~ It is my will that my funeral ex-

-penses and my just debts be fully paid. Second~ I

give and devise and bequeath to my beloved wife Elizabeth

Lodwig in lieu of her dower the South end of Lot No 17

Section No 2, Township No 6 and Range No 20 U.S.

M. lands situated in Delaware County Ohio during

her natural life, also one half of all my personal prop-

-erty. Third I give and devise to my oldest son David

Lodwig one third of said described lot on the East
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 227)

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Description

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[corresponds to labeled page 182 of Will Records Vol. 2 - 1835-1850]


182

side of said Lot, Provided that said David Lodwig is to let

his mother have the use of the house and barn during her

life time provided she does not marry and if she does

marry she is not entitled to the use of said House & Barn

Provided further that said David is to pay my oldest

daughter Catherine the sum of one hundred dollars

to be paid in three equal annual installments, the first

installment to be paid when said David arrives at the

age of twenty one years of age. Fourth I give and

devise to my son Thomas G. Lodwig one third part of

said lot being the middle third of said Lot. Provided

further that said Thomas is to pay my daughter Mary

Lettice Lodwig one hundred dollars to be paid in three

equal annual instalments the first instalment to be

paid when said Mary L. arrives at the age of eighteen

years. Fifth~ I give and devise to my son John Lodwig

the west part of said Lot provided said John Lodwig pays

to my daughter Eleanor Lodwig the sum of one hun-

-dred dollars in three equal annual instalments the first

instalment to be paid when said Eleanor arrives at the

age of eighteen years. Sixth. I give and devise the

balance of my personal property for the support of my

children for clothing Schooling etc. Seventh~ I give and

devise to my son William Lewis Lodwig the following

described lot of land /to wit/ in lot No 88 in the addition

of the town of Middletown, Radnor Township, Delaware

County, the plot of said addition is on record in Book

A page 42-43- 1837. Eighth, I do hereby constitute and

appoint my Brother John Lodwig & my brother-in-law

John A Jones Guardians for my children. And

lastly, I hereby constitute and appoint my friend

Robert Davis to be the executor for this my last will

& testament revoking and annulling all former wills by

me made and ratifying and confirming this and no

others to be my last will and testament.

Thomas Lodwig {seal}

Signed, published and declared by the above named

Thomas Lodwig as and for his last will & testament

in presence of us who at his request have signed as

witnesses to the same Radnor Oct. 29th 1841.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 228)

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Description

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[corresponds to labeled page 183 of Will Records Vol. 2 - 1835-1850]


183

Robert Davis~ John Lodwig~ Morgan Williams.

The State of Ohio Delaware County; ss~

In the Court of Common Pleas April Term 1842

Robert Davis, John Lodwig and Morgan Williams in

open Court were duly sworn upon their oaths, depose & say

that the paper now here produced in open Court purport-

-ing to be the last will & testament of Thomas Lodwig

of Radnor, bearing date October 29th 1841 and the codicil

thereto annexed bearing date October 30th 1841 was signed

and executed by the said Thomas Lodwig each on the

respective days they severally bear date at his residence

in Radnor Township in this County, and then & there

in our presence seeing and hearing, published the same

respectively as his last will & testament and codicil

thereto attached at the several days of their respective

dates, as witnesses thereto; and that these witnesses then

& there at his request and in his presence and in the

presence of each other, signed their names to the same

severally as witnesses. That the said Thomas Lodwig

was then about forty two years of age; of sound mind

& memory and acting under no restraint, and further

say not. Robert Davis, John Lodwig, Morgan Williams

Subscribed & sworn to in open Court April Term

1842~ WD Heim Clerk~

Codicil whereas I Thomas Lodwig of Radnor township

Delaware County having made & duly executed

my last will and testament in writing bearing date

Octr 29th 1841 Now I do hereby declare this present writing

to be annexed thereto and taken as part thereof. It is

my will that my three sons David, John & Thomas

G. Lodwig will support my daughter Catherine Lod-

-wig on the farm if she be not able to maintain her-

-self. Provided said Catherine remains with her said

brothers, provided further that should said Catherine

marry then this codicil to be void. I the said Thomas

Lodwig have to this codicl set my hand and sela

this 30th day of Octr 1841. Thomas Lodwig {seal}

Executed in presence of

Robert Davis, John Lodwig, Morgan Williams~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 229)

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[corresponds to labeled page 184 of Will Records Vol. 2 - 1835-1850]


184

Recorded the foregoing Will & Codicil etc.

April 18th 1842~ Attest WD Heim Clerk


Will of Evan James decd


Pleas held at the Court House in Delaware on the 12th day of

April AD 1842 before the Honorable Joseph R Swan Presi-

-dent & John Brundige, John Lugenbeel & Ahab Jinks

Esqrs his Associates, Judges of the Court of Common Pleas

in & for the County of Delaware in the State of Ohio.

Delaware County; ss This day the last will &

testament of Evan James decd was produced in open

Court & proved by the testimony of the subscribing witnesses

thereto as reduced to writing, approved & ordered to be

recorded. I Evan James of the County of

Delaware in the State of Ohio, having made a former will

or testament while resident at a place called Blaencumden

in the Parish of Llanlluny in the County of Carmarthen

in South Wales, Great Britain, dated May 2d AD 1837

which will was deposited in the hands of Griffith Jones

Brynllefrith in the Parish of Llanwenog in the County of

Cardigan South Wales, Great Britain. And in said will

I bequeath the leasehold of the Messuage tenement

and lands of Blaencumder aforesaid during the con-

tinuance thereof to the said Griffith Jones in trust, he

however to pay the bequests and legacies as specified in

said will, to all the personal therein named, and it is my

will at present that said will shall be valid in law

for all the proposed therein expressed. And now having

emigrated to America and owning property at my

present place of residence, do make & publish this my

last will & testament /in addition to my former will

as above stated/ in manner & form following that is to

say. First. It is my will that my funeral expences &

all my just debts be fully paid. Second~ I give devise and

bequeath to my beloved wife Esther James in leiu of her

dower /together with the bequests made to her in the

former will/ the west half of the plantation on which

we now reside, being the west half of lot number
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 230)

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Description

[page 230]

[corresponds to labeled page 185 of Will Records Vol. 2 - 1835-1850]


185

twenty five containing fifty acres during her natural

life with full possession and all the profits there of. And

after the death of my beloved wife Ester James it is

my will that it be divided as follows, that is to say I

bequeath to my Grand daughter Asneth the daughter

of my daughter Asneth fifteen acres in the South west

corner of said lot number twenty five and the remain-

-der of the said west half of said lot twenty five to be

equally divided between my two daughters Jane

James and Susannah James. Also my beloved wife

Esther James is to have and receive all my personal

property and money if any remains after all my debts

and funeral expences and other legal charges are paid.

Third~ I give and devise to my daughter Jane twenty

four acres of land in the South end of the east half of the

said lot twenty five on which we now reside~ Fourth~

I give and bequeath to my daughter Susannah twenty

six acres of land in the North and of the east half of

the said lot twenty five on which we now reside and

also my brass clock after the death of my beloved

wife Esther James. Fifth~ I give and bequeath to my

grand daughter Asneth, the daughter of my daughter

Asneth fifteen dollars to be paid to her without in-

-terest when she arrives at the age of eighteen years.

Sixth~ I give and bequeath to my daughter Sarah

Jones one dollar, and to my daughter Asneth Thomas

one dollar, and to my son John James one dollar, and

to my daughter Mary James one dollar, And to my

son Evan James one dollar to be paid within one

year from my death. Seventh and lastly, I hereby

constitute and appoint Moses Powell to be the executor

of this my last will and testament and I hereby in-

-struct and by this will empower him to collect and

receipt for my auction money due to me which I

ordered to be remitted to my order by Major Herbert

Evans from Wales, and when he shall receive it to pay

the Mortgage given by me to David Shaw and David

Peoples for the sum of four hundred dollars on the

premises I now reside upon ratifying and confirming

this and no other, to be my last will and testament
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 231)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 231)

Description

[page 231]

[corresponds to labeled page 186 of Will Records Vol. 2 - 1835-1850]


186

In testimony whereof I have hereunto set my hand

and seal this 7th day of May in the year of our Lord

one thousand eight hundred and thirty eight

Evan James {seal}

Signed published and declared by the above named

Evan James as and for his last will and testament

in presence of us who at his request have signed as wit-

-nesses to the same. John Evans~ Benjamin Jones~

In the Court of Common Pleas April Term 1842

John Evans & Benjamin Jones in open Court were duly

sworn & upon their oaths say that the paper now here

produced in open Court purporting to be the last will

& testament of Evan James and bearing date the 7th

day of May 1838 was signed by the said Evan James

/now decd/ at his residence in Bennington Township

in the said County on the day of the date thereof and

then & there by him published and declared as his last

will and testament in the presence seeing and hearing

of these witnesses and that these witnesses then and

there at his request and in his presence and in the

presence of each other signed their names to the same

as witnesses. That the said Evan James was then at

least sixty years of age, of sound mind and memory

and acting under no restraint, and further say not

Benjamin Jones~ John Evans

Subscribed & sworn to in open Court, April Term 1842

Attest WD Heim Clerk

Recorded the foregoing Will etc

April 18th 1842~ Attest WD Heim Clerk


Will of Caleb North decd


Pleas held at the Court House in Delaware on the 5th day

of April AD 1842. before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his Asso-

-ciates Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio

Delaware County Ss
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 232)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 232)

Description

[page 232]

[corresponds with labeled page 187 of Will Records Vol. 2 - 1835-1850]


187

On motion by T.W. Powell in behalf of the Exer it is ordered

that the authenticated copy of the last will & testament of Caleb

North decd now produced in open Court & proved according to

the laws of the State of Pennsylvania. be admitted to record

among the record of wills for this County

Be it remembered that I Caleb North of Coventry Town-

-ship Cluster County and State of Pennsylvania being though

infinite mercy of sound mind and memory but duly sensible of

the uncertainty of human life have thought fit to make and

do hereby make this my last will and testament revoking all

& every other will & testament heretofore by me. Imprimis ~ All

my just debts and funeral expenses to be paid as soon as possible

Item~ I give and bequeath to my beloved wife Lydia my House

No 279. in Chesnut Street Philadelphia with the incumbrance

of the ground rent of One hundred & ten dollars per annum

and a mortgage of Five thousand dollars in interest at Six per

cent. My house & lot No 17 Crown Street~ Philadelphia clear of

incumbrance with two shares of Philadelphia & Lancaster

turnpike stock with as much as the household furniture and

plate bedding &c as she may see cause to take for herself.

my wife I as now and direct that the houses above men-

-tioned the Lancaster and Philadelphia Turnpike Stock

with the furniture she may leave behind her shall be sold and

the proceeds equally divided amongst the following legatees

my children Caleb, Emmeline, George, Maria, Edwin,

and Ella, but if any of the should die before they come to

inherit their legal heirs shall take their shares. Item to

my daughter Ann Emory I give and bequeath all the

account x her in my books and Two hundred dollars in cash

in full for her legacy of my Estate + Item I give and bequeath

to my daugher-in-law Mariah North and Mariah Perfect

widows and relict of my son Francis Asbury North and my

grand daughter Louisa North my tract of four hundred

and fifty acres of Donation land No 7 in the third quarter

of the fifth x in the Sixteenth Range in the State of Ohio to hold

the same as tenants in common their heirs and assigns in full

of all claims against my Estate as a legacy or other wise. Item~

I give and bequeath to my son Caleb North and to my son

George Washington North their heirs and assigns as tenants
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 233)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 233)

Description

[page 233]

[corresponds to labeled page 188 of Will Records Vol. 2 - 1835-1850]


188

in common my tract of donation land No 19. District No 2

now Butler County State of Pennsylvania containing five hun-

-dred acres. Item I give and bequeath to my son Edwin North

my tract of land lot No 198. in the 16th district of Donation lands

Eri County State of Pennsylvania. near Waterford containing

Two hundred and fifty acres. And I do authorize my Executors

to sell my Estate in Coventry the house in which I now dwell

with all the furniture that my wife may not want for her and

and my single daughters use. all the horses, cows, sheep, swine

wagon, Cart Ploughs Harrows. and every implement of of

husbandry the grain that may be in the ground. and every

moveable property belonging to me. And my farm in Delaware

which with every other property not already disposed of with

amount of two notes that I hold of George Washington North

& Co and all money that may be owe me, will from a capital

to divide amongst the following legatees my children in one

year after my death. if practicable viz Caleb one sixth. Emme-

-line one sixth part. Maria one sixth part, George Washington

one sixth part. Edwin One Sixth part, and Ella one sixth

part. And if any of them should die before they come to inherit

and leave children the child or children shall take the parents

part. And I as appoint my son George Washington to be

the guardian and councilor of my son Caleb North during his

natural life. And lastly I as nominate and appoint my

esteemed friend Alexander Benson Executor of this my

last will and testament + "Item to my daughter Sarah

Benson I give and bequeath all the account I have against her

in my books in full for her legacy of My Estate"~ I Witness

whereof I have hereunto set my hand and seal this thirteenth

day of March One thousand Eight hundred and thirty seven

Caleb North {seal}

Signed, sealed, published and declared by the testator Caleb

North, proved as his last will and testament in the presence

of us who at his request and in his presence have hereunto

subscribed was named. Jnr Young, Edwin North~

Codicil. Be it remembered that in the twenty second day

of April 1837. I have in mature consideration intended the

power of my Executor with the approbation of my wife Lydia

that if it should be deemed for the advantage of the Estate

to sell the home No 279 Chesnut St subject to the ground rent

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 234)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 234)

Description

[page 234]

[corresponds to labeled page 189 of Will Records Vol. 2 - 1835-1850]


189

and the mortgage therein so as to realize five thousand dollars

and vest that sum in such stock as they may deem safe for

the benefit and support of the widow during her life. they have

my full approbation and authority to do so and to make

the lawful consequences for the same. And further I as

consent that if it should be the wish and agreement of all the

interested legatees to hold the Coventry Estate during their

Mothers life for the benefit of the family and then to be sold

agreeably to my last will and testament they have my full

consent with the approbation of my Executor so to do. The

words No 279 Chesnut St inserted over the cresine in the 5th

line~ Witness my hand and seal the day and year above

written Caleb North {seal}

Witness Jno Young. Edwin North.


Chester County Ss I Jess Coulson Register for the probate

of Wills and granting Letters of Administration in & for said

County. do certify that the foregoing is is a true Copy of the

Will and codicil of the said Caleb North deceased as the same

was duly proved on the 2d day of December 1840. & Letters

Testamentary therein duly granted to Alexander Benson

the Executor named in said Will

{seal} In testimony whereof I have hereunto set my

hand and affixed the seal of my office at West Chester in

said County the 5th day of July AD 1841.

Jesse Coulson Register

I Thomas S Bell President~ Judge of the fifteenth

judicial district of the Commonwealth of Pennsylvania

composed of the Counties of Chester and Delaware do certify

that the within attestation of Jesse Coulson Esqr is in due form

and made by the proper officer. In testimony whereof I have

hereunto set my hand and seal this first day of October AD

One thousand Eight hundred & forty one

Thos S Bell.

"Pennsylvania. Chester County SS I Saml Pinkerton proxy

of the Court of Common Pleas in & for the County aforesaid do

certify that the Honorable Thomas S Bell Esquire who

has certified the foregoing attestation is duly commissioned

& qualified President Judges of the Court of Common Pleas

in the fifteenth Judicial district of the Commonwealth of
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 235)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 235)

Description

[page 235]

[corresponds to labeled page 190 of Will Records Vol. 2 - 1835-1850]


190

Pennsylvania of which the County of Chester forms a part

{seal} In testimony whereof I have hereunto set my

hand & affixed the seal of said Court at West Chester in said

County the 4th of October AD One thousand Eight hundred & forty one

Samuel Pinkerton Past


Recorded the foregoing Will June 10th 1842.

Attest W D Heim Clerk


Will of John White decd


Pleas held at the Court House in Delaware on the 13th day of

June AD 1842 before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his associates

Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio. Delaware County; ss~

This day the last will & testament of John White decd

was produced in open Court & proved by the testimony of the

subscribing witnesses thereto as reduced to writing, approved &

ordered to be recorded. I John White of Kingston

Township, Delaware County Ohio being advanced in life and

considering the uncertainty of life and yet sound of mind do

make & ordain this my last will & testament revoking any &

all other wills by me made at any former time. First~

It is my request that my funeral expences be fully paid.

Second~ That all my just debts be fully paid. Thirdly~

I do bequeath unto my wife Charity White my whole estate

both real & personal property for her use and benefit during

her natural life. Fourthly~ I do bequeath unto my eldest Son

James White one family Bible worth five dollars to be

delivered to him by my Executors after the decease of my wife.

Fifthly~ I do bequeath unto the residue of my sons & daughters

(namely) my sons David White, William White & John White Jr

my daughters Polly Brown, Mary Ann Hall, Nancy Stewart

Jane Benedict, Margaret Collum and Charity Wilcox all the

remaining part of my estate both real & personal property that

may remain at the decease of my wife to be equally divided

among, among the before named sons & daughters after the decease
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 236)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 236)

Description

[page 236]

[corresponds to labeled page 191 of Will Records Vol. 2 - 1835-1850]


191

of my wife Charity White. Sixthly~ It is also my will & request

that my son John White Jr have sufficient land of the lot I

now hold in Kingston Township, Delaware County Ohio,

for a road from the East end of the lot now owned by said

John White Jr to the County road where it now is laid being

about forty or fifty rods from said John White Jr lane road

to own on the South side of my lot to said County road.

Lastly I do appoint Elijah Carney of Berkshire & Benjamin

Benedict of Kingston Township Delaware County Ohio my

Executors to settle all my wordly concerns according to this

my last will & testament~ In testimony whereof I have

this day affixed my hand & seal the twenty third day of

November AD 1841~ John White

Signed sealed in the presence of us who witness the same at

the request of the testator. Robert Ferguson~ Wm Mathey

In the Court of Common Pleas for

Delaware County, June Term 1842~

Delaware County ss~ Robert Ferguson & William Mathey

came into open Court and being duly sworn upon their

oaths say that on or about the 23d day of November AD 1841

they were called upon to witness the last will & testament

of John White at his residence in Kingston Township in the

said County which will is now here produced in open Court

bearing date the day & year last aforesaid that they then &

there saw him sign the same and heard him publish & declare

the same as his last will & testament and that they then & there

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

other signed their names thereto as witnesses. That the said

John White was then about the age of seventy six years of

sound mind & memory & not acting under any restraint and

that he is since deceased & further say not.

Robert Ferguson~ Wm Mathey

Subscribed & sworn to in open Court, June Term AD 1842

Attest WD Heim Clerk

Recorded the foregoing Wills etc July 2d 1842

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 237)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 237)

Description

[page 237]

[corresponds to labeled page 192 of Will Records Vol. 2 - 1835-1850]


192

Will of Peter Parker decd


Pleas held at the Court House in Delaware on the 15th day of

June AD 1842 before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his

Associates, Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio.

Delaware County: ss~ This day the last will & testament

of Peter Parker decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as reduced to

writing, approved & ordered to be recorded and thereupon on motion

of Sally Parker the Executrix therein named & residuary legatee

It is ordered that the said Executrix enter into bonds in the sum

of $1000.00? with Norman Patrick & John Kempton as security

conditions according to law, and the said Sally Parker widow

of said Peter Parker decd appeared in open Court, & makes her

election to take under the said will.

I~ Peter Parker of the County of Delaware in the State of Ohio

do make and publish this my last will and testament in

manner & form following, that is to say. First~ It x my will

that my funeral expences and all my just debts be fully paid

Second~ I give and bequeath to my beloved wife Sally Parker

in lieu of her dower the Town Lots on which we now live they

being numbered as follows No one & two, also the two out lots

No one & two, to have & to hold during her natural life and all

of the live stock, Cows & Hogs etc by me now owned, also all the

House hold furniture and all moneys, notes & papers which is

due and coming to the said estate and other items not particu-

-larly named and otherwise disposed of in this will during her

natural life as aforesaid, and at the death of my wife all the

property hereby devised or bequeathed to her as aforesaid or so

much as there may be left after paying the heirs what may

be alloted them, I give to my youngest daughter Juliann

Parker and to her heirs & assigns forever. Third ~ I give and

bequeath to my oldest son Peter Parker five dollars. Fourth~

I give & bequeath to my second son John Parker ^five dollars. Fifth~ I give

& bequeath to my son-in-law Thomas Hiscock five dollars.

Sixth~ I give and bequeath to my daughter Mary Tufts five

dollars. Seventh~ I give and bequeath to my youngest son

Asa Parker five dollars. Eighth I give to my grand daughter

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 238)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 238)

Description

[page 238]

[corresponds to labeled page 193 of Will Records Vol. 2 - 1835-1850]


193

Sally Hescock who now lives with me fifty dollars. And

lastly, I hereby appoint my said wife Sally Parker to be the

Executor for this my last will and testament revoking and

annuling all former wills by me made and ratifying and

confirming this and no other to be my last will & testament

In testimony whereof I have hereunto set my hand & seal

this 16th day of Sept AD 1840. Peter Parker

Signed, published and declared by the above named Peter

Parker as and for his last will & testament in presence of us

who at his request have signed as witnesses to the same.

Attest~ Amos W Condit~ John Kempton~ Silas W Condit~

The State of Ohio Delaware County: ss

Personally appeared in open Court John Kempton & Silas H

Condit and being duly qualified deposeth and saith that they

were present and saw Peter Parker late of said Delaware County

sign and seal the will hereto annexed, and by his request

attested the same, affiants further state that he was at the

time of sound mind and well disposed not under any

restraint or under influence. John Kempton

Silas W Condit~

Sworn & Subscribed to in open Court this 15th June 1842~

WD Heim Clerk

Recorded the foregoing Will etc July 2d 1842

Attest WD Heim Clerk~


Will of Daniel Shoemaker decd


Pleas held at the Court House in Delaware on the 16th day of June

AD 1842 before the Honorable Joseph R Swan President & John

Brundige, John Lugenbeel & Ahab Jinks Esqr his associates

Judges of the Court of Common Pleas in & for the County of

Delaware, in the State of Ohio. Delaware County; ss

This day the last will & testament of Daniel

Shoemaker decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced to

writing approved & ordered to be recorded, And thereupon

Harriet Shoemaker widow of said Daniel Shoemaker decd

personally appeared in open Court & made her election to take

under the said will. I Daniel Shoemaker of the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 239)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 239)

Description

[page 239]

[corresponds to labeled page 194 of Will Records Vol. 2 - 1835-1850]


194

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

this my last will & testament in manner & form following

that is to say. First~ It is my will that my funeral expences

and all my just debts be paid. Second, I give devise and

bequeath to my beloved wife Harriet Shoemaker in lieu of

her dower one third of all my real estate while she remains

a widow and all the live stock, horses, cows sheep, hogs and by

me now owned also all the Household furniture and other

items not particularly named and otherwise disposed of in this

will while she remains a widow as aforesaid she however

disposing of a sufficiency thereof to pay my just debts as aforesaid

and that at the death or marriage of my said wife all the prop-

-erty hereby devised or bequeathed to her as aforesaid or so much

thereof as may then remain unexpended to my two sons

Adam S. Shoemaker & Milton B Shoemaker and my two daugh-

-ters Adela & Adaline Shoemaker and to their heirs and assigns

forever. Third~ I give and devise to my to sons Adam S and

Milton B Shoemaker two thirds of all my real estate provided

they do within one year after said Adaline Shoemaker becomes

of age pay to the said Adela and Adeline Shoemaker one fourth

the real value of the aforementioned two thirds of my real

estate as it may then be appraised. And lastly I hereby constitute

and appoint my wife said Harriet Shoemaker and Milton B

Smith to be the Executors for this my last will & testament

revoking and annulling all former wills by me made and

ratifying and confirming this and no other to be my last

will & testament. In testimony whereof I have hereunto set

my hand and seal this the twenty sixth day of April in

the year of our Lord eighteen hundred and forty two.

Daniel Shoemaker {seal}

Signed, published and declared by the above named Daniel

Shoemaker as and for his last will and testament in presence

of us who at his request have signed as witnesses to the same

interlined before signed~ Stephen Rosevelt

William Slack~

State of Ohio Delaware County: ss~ Court of Common

Pleas June Term AD 1842 Stephen Rosevelt & William

Slack in open Court being duly sworn upon their oaths

depose and say that the paper now here produced in open

Court, purporting to be the last will & testament of Daniel
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 240)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 240)

Description

[page 240]

[corresponds to labeled page 195 of Will Records Vol. 2 - 1835-1850]


195

Shoemaker of said County and State bearing date the twenty

sixth day of April, in the year of our Lord one thousand

eight hundred and forty two, was signed and executed by

the said Daniel Shoemaker on the day it bears date at his

residence in said County and then & there in our presence

seeing and hearing published the same as his last will

and testament and that these witnesses then & there at

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

other signed their names to the same severally as witnesses

thereto~ that the said Daniel Shoemaker was then about the

age of 37 years of sound mind and memory and acting

under no restraint. And further say not~

Stephen Rosevelt~ william Slack~

Subscribed & sworn to in open Court June Term AD 1842

Attest WD Heim Clerk~

Recorded the foregoing Will etc July 6 1842

Attest WD Heim Clerk~


Will of James Cochran decd


Pleas held at the Court House in Delaware on the 19th day of

Septr AD 1840 before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his

Associates Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio.

Delaware County; ss~ This day the last will and

testament of James Cochran decd was produced in Court

& the testimony of Francis Maize one of the subscribing

witnesses thereto as reduced to writing & filed~ & thereupon on

motion this matter is continued for the further action of

this Court. And afterwards, now at this time

to wit; at the June term of the Court of Common Pleas, con-

-tinued & held for said County, on the 17th day of June AD 1842,

before the Judges aforesaid, the following proceedings were had

& entered in regard to said will, to wit~

The last will & testament of James Cochran decd was

produced in Court at the September term of this Court for

the year 1840 & the same was proved by the testimony of
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 241)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 241)

Description

[page 241]

[corresponds to labeled page 196 of Will Records Vol. 2 - 1835-1850]


196

Francis Maize one of the subscribing witnesses thereto which

was reduced to writing, And now at this term comes Roswell

Fields the other subscribing witnesses to the said will whose

testimony was also reduced to writing. It is therefore considered

that the said will was duly proved & it is ordered to be recorded.

And thereupon Elizabeth Cochran widow of said James

Cochran decd personally appeared in open Court & made

her election to take under the said will.

I James Cochran of the County of Delaware and State

of Ohio do make & constitute this my last will and testament

in manner & form following to wit; First~ I will that my

just debts be all paid. Second~ I bequeath to my wife Elizabeth

Cochran all my personal property and and the farm I now

live on in Thompson Township Delaware County Ohio

during her natural life I also will that at her death the

said farm be equally divided amonst my children having

purchased a tract of land from Baum & Perry in Thompson

Township Delaware County, Ohio for which I have paid a

certain sum of money so much of the said land as the

money I have paid will pay for I bequeath to my daughter

Martha, further I will and bequeath to my daughters

Eliza Noble, Martha & Susanah Cochran the same amount

of furniture and Stock that my daughters daughters Rebeka

Landon, Sarah Landon and Maria Evans have received

which is to be paid out of my personal property bequeathed to

my wife Elizabeth Cochran. Lastly~ I will that John F

Dunlap of Delaware County Ohio be Executor of this my

last will and testament signed this eleventh day of August

eighteen hundred and forty.

In the presence of James Q [his mark] Cochran~

Francis Maize~ Roswell Field~

The State of Ohio Delaware County; ss

Common Pleas September Term 1840. Francis Maize

appeared in open Court and being duly sworn upon his

oath says that the paper now here produced in Court pur-

-porting to be the last will & testament of James Cochran

bearing date August 11th 1840 was by the said James

Cochran at his residence in the said County declared and

published as his last will & testament and then & there by

him signed with his mark in the presence of this affiant

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 242)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 242)

Description

[page 242]

[corresponds to labeled page 197 of Will Records Vol. 2 - 1835-1850]


197

and Roswell Field witnesses thereto, and that the said wit-

-nesses then & there at the request of the said Cochran in his

presence & in the presence of each other signed their names

thereto as witnesses thereto. That the said Cochran was

then of full age of sound mind & memory and acting under

no restraint, and further say not. Francis Maize~

Subscribed & sworn to in open Court, September Term 1840

Attest~ WD Heim Clerk~

And Roswell Field being also sworn in open Court &

says that the above affidavit is true and that he also

witnessed the execution of the said will in manner as stated

in the above affidavit. Roswell Field

Subscribed & sworn to in open Court June Term 1842

Attest WD Heim Clerk~

Recorded the foregoing Will etc July 7th AD 1842

Attest WD Heim Clerk~
_______________________________________________________________


Will of Ephraim Markel decd
___________________________

Pleas held at the Court House in Delaware on the 18th day of

June AD 1842 before the Honorable Joseph R Swan President

& John Brundige, John Lugenbeel & Ahab Jinks Esqr his

Associates, Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio.

This day the last will & testament of Ephraim

Markle decd was produced in open Court & proved by the

testimony of the subscribing witnesses thereto as reduced to

writing by D.T. Fuller Special Master Commissioner appointed

by the Court for that purpose, approved & ordered to be

recorded, and thereupon on motion of John Lugenbeel and

Jacob Wotring two of the Executors in said will named.

It is ordered that letters testamentary be granted them

upon their entering into bonds in the sum of $20,000?

with Christian Gast, Benjamin Ely, John Gast and

Benjamin Powers as security. And it is further ordered

that John Moyer, Robert Watkins & Jonathan P. Brokins

appraise the personal property of said estate.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 243)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 243)

Description

[page 243]

[corresponds with labeled page 198 of Will Records Vol. 2 - 1835-1850]


198

In the name of God, Amen~ I Ephraim Markel of

Thompson Township in the County of Delaware and in the

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

testament in manner and form following that is to say.

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

debts be fully paid. Second~ I give devise and bequeath to my

son Ezra Markel his heirs & their heirs and assigns and no

others a tract of land purchased by me from David Purden

situated in Greencamp Township, Marion County Ohio.

Third~ I give devise and bequeath to my son John Markel

seven hundred dollars. Fourth~ I give devise and bequeath

to my son Daniel Markel seven hundred dollars.

Fifth~ I give devise and bequeath to my son Eli Markel

seven hundred dollars. Sixth~ I give devise and bequeath

to my daughter Hannah Purden & her heirs and their assigns

the following described tract of land commencing at the

South west corner of O.D. Pettibones land running thence

westwardly on the line of land owned by M.B. Knofsker

ninety three poles, thence northwardly far enough to contain

fifty acres by running Eastwardly to O.D. Pettibones west line.

Seventh~ I give devise and bequeath to my grand children

children of my son Aaron and of my daughter Rachel

Parks and lately Rachael Fairchild and the children of

Mary Rakestraw the residue of my property after the above

legacies are paid to be divided equally among my grand

children. And lastly I hereby constitute and appoint my

friend John Lugenbeel and Jacob Wotring and Thomas

Patten to be the Executors for this my last will and testament

revoking and annulling all former wills by me made and

ratifying and confirming this and no other to be my last

will and testament. In testimony whereof I have

hereunto set my hand and seal this 22nd day of February

AD 1842. Ephraim Markel {seal}

Signed, sealed, published, and declared by the

above named Ephriam Markel as and for his last will and

testament in presence of us who at his request have signed as

witnesses to the same Thomas Patten

David Powers

State of Ohio Delaward County; ss Delaware Common

Pleas June Term 1842~ In the matter of the Probate of
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 244)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 244)

Description

[page 244]

[corresponds to labeled page 199 of Will Records Vol. 2 - 1835-1850]


199

the last will & testament of Ephraim Markel late of said

County deceased. Depositions taken by D.T. Fuller special

Master Commissioner for that purpose. Thomas Patten being

duly sworn deposes and says that he wrote the will here-

-with submitted at the request of Ephraim Markel the

testator, that the said Markel signed it in his presence

and acknowledged it to be his free act and deed he further

says that he copied the will from another at the request

of the testator; except a change as to the executors; and

that the said Testator said to him, that the one he copied

from was his, the Testator's last will & testament except

the change as to the executors, he further says that he

signed it in presence of the other witness, at the request

of the Testator, and that both signed in the presence of

the Testator, that the said Testator was of sound mind

and was under no restraint or influence.

Cross examined by the Attornies of the Heirs at Law~

Says that he knows he signed the said will as witness

thereto on the day of the date of the will that never signed

it as witness after the day of the date of said will,

the witness further says that what he has deposed above

as to the execution of the said will by said Testator relates

alone to what was done on the day of date of said will

Question~ "Was the signature of Ephraim Markel

as it now appears on the said will written on the date

of said will"~ Answer "No" ~ Question~ "When was

the said signature placed to the will" Answer "About

a week or two after the date thereof" Question~ Who

were present at the last signing~ Answer Myself and

the other witness and if any body else David Parks & wife

but witness is not certain that any other one was present

No witness signed the will at the time of the last signing

by Testator, and no one was requested to sign the will at

that time as witness. Question "were you and the other

witness ever requested to witness the will more than once

Answer "No~ Question~ At the time the Testator last

signed the will did he declare it to be his last will and

testament or not "Answer~ No, not that I recollect of

Question "Did Testator then say any thing to that effect

Answer~ I cannot recollect positively~ Witness further
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 245)

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200

says that the name of said Testator first subscribed to said will

was scratched out by this witness at the request of the said

Testator, this was done the same day that it was signed

by the Testator the second time or few minutes before he

signed it the second time. Re-examined~ Witness says

that both subscribing witnesses to the will signed it at the

request of the Testator. The first signing of the will was on

the day of the date thereof, he, the Testator, requested both

subscribing witnesses to attend at the time of the last sign-

-ing of the will, the Testator assigned as a reason for having

his first signature scratched out, that he had just recovered

from a spell of sickness when he wrote and his hand trembled

so that his signature was scarcely legible, witness further says

that Testator also said that his signature first written, was

so bad that he was afraid it would have an effect upon

the will, there were no alterations made in the will between

the first and last signing thereof except scratching out and

signing again, the will was in witness' possession between

the first and last signing, the Testator was of sound mind

and memory at the time he signed the last time, that

Testator was under no restraint at the time of the last

signing. Thomas Patten~

~Also Dennis Powers on his oath deposes and says

that he was present at the execution of the will herewith

submitted at the date thereof~ does not think that he saw

the testator sign his name to it, testator asked this depo-

-nent to sign his name as witness to said will ^testator was in the

same room with witness when he signed his name as

witness, the testator was sitting at a table, he got up, and

requested this deponent to sign his name as a witness to

the will, testator said it was his free act and deed, the

paper here exhibited called the will is the same one he

witnessed at the request of testator. I did not know at

the time I witnessed it that it was the will of the testator

the testator did not say at that time that it was his

will, but in a conversation afterwards with testator and

Thomas Patten he learnt that it might probably be his

will, after witness signed it, he testator was telling

Thomas Patten that he had forgotten to put into it a

certain amount of the first money, due from Wotring
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 246)

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201

to Eli, from which conversation witness drew the inference

that the paper he signed was a will, and this conversation

was at the same interview, at which he signed the paper.

Witness signed it but he knows not when Patten signed

it did not see him sign it, witness cannot tell whether

Patten's name was signed to said will, before testator got

up and requested deponent to sign it, saw the testator

get up go to the table and sign his name to said will

was present at the second signing of the will. Testator

gave as a reason for having his name scratched out and

writing it a second time, that he had written it the first

time so poor, that he as afraid it could not be read

All the reason he assigned was he was afraid it could

not be read, at that time he testator did not manifest

any desire to alter the will. Thomas Patten and witness

were both present at the time of the second signing of

the will. Cross Examined~ At the time witness

signed the paper as witness he saw Mr Patten sitting at

the table writing, Patten got up and said to testator he

was ready, testator then sat down and wrote his name

to said paper, as soon as testator got up deponent wrote

his deponent's name as witness. Patten's name was written

as witness before deponent wrote his name as witness

Deponent did not see Mr. Patten sit down to the table to

write after testator got up. After testator signed the will

the first time, he said he intended Eli to have something

on the first money due from Wotring, witness cannot

recollect the words exactly but he testator was so forgetful

testator said it was strange that he was so forgetfull

that he could not get that in. Testator also said "there

is another thing I have forgotten. I have made no

provision in the will what should be done with money

going to heirs that will not for some time come of

"age" all this happened immediately after signing the

will the first time, testator expressed no other dissatis-

-faction that witness heard at the second signing of the

will, that testator asked witness to stay till his son

John had gone for he was afraid he had written his

name the first time so that it could not be read witness

saw testator put his name to the will the second time
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 247)

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202

witness saw the name first written had been scratched out

At the second signing, the witness did not hear him

testator, say any thing about its being his will, did not ask

deponent to witness it. Re-examined~ At the time testator

said he was so forgetful he did not ask Patten to make

any alteration in the will, at the second signing of the will

testator manifested an anxiety to have his name written so

that it might be legible, but deponent saw nor heard nothing

from testator manifesting an anxiety to have the will

altered, at the second signing of the will, the mind of the

testator was sufficiently sound "to take a bite out of any man

in a trade" testator was under no restraint that witness knows

of & further says not. Dennis Powers~

Thomas Patten recalled by counsel for the will, says that

the testator signed the will the first time before he Patten

signed it as witness, and further says not.

Thomas Patten~

Taken and signed before me June 16th 1842~

D.T. Fuller S. Mast Commr

Recorded the foregoing Will &c July 8 1842

Attest~ WD Heim Clerk~
________________________________________________________________

Will of William Bull decd
_________________________

Pleas held at the Court House in Delaware before on

the 12th day of October AD 1842, before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel &

Ahab Jinks Esqr his Associates, Judges of the Court of Com-

-mon Pleas in & for the County of Delaware in the State of

Ohio

This day the last will & testament of William Bull

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

approved & ordered to be recorded

"I William Bull of Berkshire Township Delaware

County Ohio being of feeble health but of sound mind do

make and ordain this my last will & testament revoking
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 248)

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203

any and all other wills by me made at any former time.

First It is my request that my funeral expenses and all

my just debts be fully paid. Secondly, I do bequeath unto

my wife Polly Bull all my property, both personal property

and real estate to be for her sole use & benefit forever. And

lastly, I do appoint my wife Polly Bull my Executrix

to settle my worldly affairs according to this my last will

& testament,, In testimony I have this day the 11th Jany

1842 set my hand & seal" Wm Bull {seal}

Signed, sealed in the presence of us who witness the

same at the request of the testator. Elijah Carney

Thomas Dunham

Delaware County Ss~ Court of Common Pleas Oct-

-ober Term 1842~ Elijah Carney and Thomas Dunham

being duly sworn in open Court upon our oaths say that

the instrument of writing herewith shown to the Court pur-

-porting to be the last will & testament of William Bull,

of Berkshire Township in said County, was executed by

the said William Bull in our presence on the day and

year therein specified and that we each of us being personally

present, saw the said Wm Bull subscribe the same and

heard him acknowledge the same to be his last will and tes-

-tament that the said William Bull at the time of execu-

-ting the same was of the age of Sixty five years, of sound

mind and judgement, and acting under no restraint

and further say not. Thomas Dunham

Elijah Carney

Subscribed & sworn to in open Court Octr 12th 1842

WD Heim Clerk~

Recorded the foregoing Will &c Oct 20th 1842

Attest WD Heim Clerk~
________________________________________________________________


Will of Albright Worline
________________________

Pleas held at the Court House in Delaware on

the 12th day of October AD 1842 before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 249)

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[corresponds with labeled page 204 of Will Records Vol. 2 - 1835-1850]


204

& Ahab Jinks Esqrs his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in the State

of Ohio

This day the last will & testament of Albright Worline

decd was produced in open Court & proved by the testimony of

the subscribing witnesses thereto as reduced to writing approved

& named to be recorded. And thereupon on motion of David Wor-

-line the Executor in said will named it is ordered that

letters testamentary be granted him upon his entering

into bonds in the sum of $4000.00? with David Worline

& Nathan Williams as security. And it is further ordered

that Marshall L Griffin Israel Breyfogle, & Nathan

Shandan appraise the personal property of said Estate,

In the name of God Amen~ I Albright Worline of the

County of Delaware and State of Ohio being of sound mind

and memory but of advanced age and considering the

uncertainty of life do make and publish this my last

will and testament to wit. Item 1st I give and devise

to my beloved wife Susanah Worline, the house and lot

in the Town of Delaware where I now reside during her

natural life also to receive from my executor hereinafter appo-

-inted money sufficient to supply her with all the necessary

comforts of life or to supply her with such comforts as she shall

from time to time stand in need of to be paid out to her out

of money and property left in the hands of my said

Executor for that purpose Item 2nd I will and bequeath

to my oldest son Daniel Worline, the sum of Twelve

hundred dollars, which said sum has been paid over to

him as will more fully appear by his receipt for same

bearing date the 12th day of December One Thousand

Eight hundred thirty-four. Item 3rd I will and bequeath

to my second son Samuel Worline the sum of Twelve

hundred dollars which said sum has been paid over to

him which will more fully appear by his receipt bearing

date the 12th day of December One thousand Eight hun-

-dred and thirty-four. Also, the sum of Twenty five

dollars, which sum he has also received. Item 4th I

will and bequeath to my third son Isaac Worline the sum

of Twelve hundred dollars which said sum has been paid

over to him as will more fully appear by his receipt bearing

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 250)

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[corresponds to labeled page 205 of Will Records Vol. 2 - 1835-1850]


205

date the 12th day of December One thousand Eight hundred ^thirty four

Item 5th I give and bequeath to my fourth son David

Worline the sum of Twelve Hundred dollars which sum

has been paid over to him as will more fully appear by his

receipt for same bearing date the 12th day of December One

thousand eight hundred and thirty four. Item 6th I

will and bequeath to elder daughter Susanah Heffner the

sum of Four hundred dollars which said sum has been

paid over to her as will more fully appear by her receipt for

same bearing date the 12th day of December One Thousand

eight hundred and thirty four. Item 7th I will and be-

-queath to my second daughter Catherine Heffner the

sum of Four hundred dollars which said sum has been

paid over to her as will more fully appear by her receipt

for same bearing date the 12th day of December One thou-

-sand eight hundred and thirty four. Item 8th I will

and bequeath to my third daughter Elizabeth Worline

/intermarried with Abraham Worline/ the sum of Four

hundred dollars which said sum has been paid over to

her as will more fully appear by his said Abrahams receipt

bearing date the 12th day of December One thousand Eight

hundred and thirty four. Item 9th I will and desire

that after all my just debts and funeral expenses are paid

that my said Executor retain in his hands all the bal-

-ence of my money and property for the support of my

said beloved wife Susanah Worline during her natural

life time. Item 10th I will and desire that after that after the death

of my said wife that all my remaining property both real

and personal be sold by my said Executor and paid in the

following manner to wit. Item 11th I will and bequeath

to my grandson David Albright Worline the sum of fifty

dollars to be paid to him when he arrives at the age of Twenty

one years and to be put out on interest for his benefit after

the death of my said wife. Item 12th I will and be-

-queath to my said three sons David. Isaac and David

and to my two daughters Susanah and Catherine

and to my three grandchildren Susanah Worline,

William Worline and David Worline heirs of my

said daughter Elizabeth worline all the balance of

my money and effects after the death of my said wife
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 251)

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[corresponds to labeled page 206 of Will Records Vol. 2 - 1835-1850]


206

in equal proportions share and share alike, the said Susan-

-ah, William and David Worline to receive but one equal

share with my said three sons and two daughters, and to

be paid over to them when the each arrive at full age and

be put out on interest for their benefit after the death of my

said wife till they each arrive at full age. Item 13th I do

hereby nominate and appoint my son David Worline

Executor of this my last will and testament hereby author-

-izing and empowering him to compromise, adjust, release

and discharge in such manner as he may deem just and

proper the debts and claims on me. I do also authorize

and empower him to sell by private sale or otherwise in

such manner and upon such times of credit or otherwise

as he may think proper all of my real estate and acres to

purchases to execute acknowledge and deliver in fee simple

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

whereof I hereunto set my hand and seal this 24th day of

February in the year AD One thousand eight hundred and

his

forty one Albright x Worline {seal}

mark

Signed and acknowledged by said Albright Worline as

his last will and testament in our presence and signed

by us in his presence - Jas W Crawford

A. Picket Jr

The State of Ohio Delaware County Ss Personally

appeared in open Court James W Crawford & Albert Picket

subscribing witnesses to the last will and testament of Albright

Worline late of Delaware County decd and severally made

oath they subscribed said will in the presence of the testator

and in the presence of each other that they saw the testator

put his mark to said will, that he declared it to be his

last will and testament that he was of lawful age of

sound mind and memory and under no restraint as

they verily believe - Jas W Crawford A Picket Jr.

Subscribed & sworn to in open Court Oct 12th 1842-

WD Heim Clerk-

Recorded the foregoing will Octr 25th 1842

Attest WD Heim Clerk-
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 252)

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[corresponds to labeled page 207 of Will Records Vol. 2 - 1835-1850]


207

Will of Isaac Page decd

Pleas held at the Court House in Delaware on the

13th day of October A.D. 1842 before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel,

& Ahab Jinks Esqr his Associates Judges of the Court of

Common Pleas in & for the County of Delaware in the

State of Ohio

"This day the last will and testament of Isaac Page decd

was produced in open Court aproved by the testimony of the

subscribing witnesses thereto as reduced to writing approved

& ordered to be recorded And thereupon on motion of James

Ferris the Executor in said will named, It is ordered that

letters testamentary be granted him upon his entering into

bonds in the sum of $4000.00? with Thomas Nance &

Solomon Brownell as security - And it is further ordered

that Stephen Stimson, Isaac Davis & Aaron Harrison

appraise the personal property of said estate - & thereupon

came into Court Polly Page widow of said Isaac paged decd

& made her election to take under the will

I, Isaac Page of the Township of Bennington in the County

of Delaware and State of Ohio, realizing the uncertainty of

life, and the certainty of death being weak in body, but of

sound mind, memory, and understanding, thanks be to

Almighty God, for the same. Feeling desirous to dispose of

the temporal blessings when with it has pleased the dispenser

of all good to bless me with in this life. as will be most con-

=ducive to the comfort and happiness of those who have

been the especial objects of my most anxious solicitude

and for good causes and considerations, we hereunto mo-

=ving, do make and publish this to be my last will and

testament in manner and form following that is

to say. First - It is my will that my funeral expenses

and all my just debts be fully paid out of my personal

property that is not herein otherwise disposed of. Second -

I give and bequeath to my dearly beloved wife Polly

Page all my household and kitchen furniture of every

kind including bedding and clothing on years pro-

visions of all kinds [page torn] may be on hand at my decease.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 253)

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[page 253]

[corresponds to labeled page 208 of Will Records Vol. 2 - 1835-1850]


208

all the bees and Poultry upon the place owned by me. Three

cows, Six Swine and twelve sheep the choice of all owned by me.

fifty dollars in money to be paid to her within the space

of one year from and after my decease. and lastly I give

and bequeath to my said wife the use and occupancy of fifty

acres of land off of the north side of the farm on which we now reside

in said Bennington Township, extending the whole length

of said farm, from east to west, and to be of equal width

from end to end, including the dwelling house and barn

for and during the period of her natural life - I next give

and bequeath to my eldest son ^Tyrus Page a sum to be paid in money

which shall bear such proportion to the net balance of

my estate, after the payment of my funeral expenses, debts,

bequests to my said wife and the expenses of Court, and fees

of my Executor, as One hundred dollars bears to two thousand

I give to my son John Page, such a sum to be paid in

money as shall bear such proportion to the net balance

as aforesaid as two hundred dollars bears and to two thousand

I give to my daughter Betsy Timmons, such a sum to

be paid in money as shall bear such proportion to the net

balance as aforesaid, as one hundred and fifty dollars bears

to two thousand - I give to my son Isaac Page such a

sum to be paid in money as shall bear each proportion

to the net balance as aforesaid as one hundred dollars beans

to two thousand - I give to Hannah Atherton such a

sum to be paid in money as shall bear such proportion

to the net balance as aforesaid as Seventy five dollars bears

to two thousand - I give to their heirs of my son Harmon

Page deceased such a sum to be paid in money, and to

be equally divided among them, as shall bear such propor-

=tion to the net balance as aforesaid as Seventy-five dollars

bears to two thousand - I give to Maria Page widow of my

son Alvah Page deceased such a sum to be paid in money

as shall bear such proportion to the net balance as aforesaid

as Seventy five dollars bears to two thousand - I give to

the heirs of my said son Noah Page deceased, such a sum

to be paid in money, and to be equally divided among

them as shall bear such proportion to the net balance

as aforesaid as Seventy five dollars bears to two thousand-

I give to my son Lewis Page [page torn] a sum to be paid

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 254)

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Description

[page 254]

[corresponds to labeled page 209 of Will Records Vol. 2 - 1835-1850]


209.

in money as shall bear such proportion to the net balance

at aforesaid as one hundred and fifty dollars bears to two

thousand - I give to my son Samuel B Page such a sum

to be paid in money as shall bear such proportion to the

net balance as aforesaid, as one hundred dollars bears to

two thousand - I give to my son Charles W Page, such a

sum to be paid in money, as shall bear such proportion to

the nett balance as aforesaid as one hundred and fifty dol-

=lars bears to two thousand. I give to my son William

E. Page such a sum to be paid in money as shall bear such

proportion to the net balance as aforesaid, as one hundred

and fifty dollars bears to two thousand - I give to my

daughter Irena Henderson such a sum to be paid in

money, as shall bear such proportion to the net balance

as aforesaid, as one hundred and fifty dollars bears to two

thousand. X I give to my son James H Page such a

sum to be paid in money as shall bear such proportion

to the net balance as aforesaid, as Two hundred dollars

bears to two thousand & I give to my son Solon Page,

such a sum to be paid in money, as shall bear such propor-

=tion to the nett balance as aforesaid, as two thousand dollars

bears to two thousand. And it is hereby specified that

the aforementioned devise to my said wife witnessed

to be in lieu of dower. I do hereby nominate and appoint

my esteemed friend Caleb [ ] Guardian for my said

sons James H Page and Solon Page, until they respect-

=ively arrive at the age of twenty one years. And lastly, I

hereby nominate and appoint my worthy friend James

Ferris, Executor of this last will and testament, hereby

authorizing and empowering him to compromise against

release and in charge in such manner as he may deem

proper, the debts and claims due me. I do also authorize

and empower him, in order to pay my debts, and the devises

and bequests herein contained to dispose of either at pub-

=lic or private sale, all my said estate both real and personal

except as before excepted and in such manner, and upon

such terms of audit or otherwise as he may think proper,

and deeds to purchasers to execute, acknowledge and deliver

in fee simple.- I do hereby revoke all former wills by me

or made and ratify and confirm this and no other to be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 255)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 255)

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[page 255]

[corresponds to labeled page 210 of Will Records Vol. 2 - 1835-1850]


210,

my last will and testament. In testimony whereof

I have hereunto set my hand and seal this fourth day

of May in the year of our Lord One thousand eight hun-

-dred and forty two Isaac Page {seal}

Signed and acknowledged by Isaac Page as his last

will and testament in our presence and signed by us

in his presence. Festus Sprague

Stephan Stimson

State of Ohio Delaware County Ss~ Festus Sprague

& Stephan Stimson being duly sworn in open Court,

say that they were present when the paper now shown

them purporting to be the last will and testament of

Isaac Page decd was executed by said Isaac Page decd

& that the same was executed in our presence by said

Isaac & that we each signed it as witnesses in his pres-

-ence & in the presence of each other & that he declared

the same to be his last will & testament. And we fur-

-ther state that the said testator was in our opinion

at the time of sound & disposing mind & memory &

under no restraint & further say not. Festus Sprague

Stephan Stimson

Subscribed & sworn to in open Court Oct. 13th 1842~

WD Heim Clerk

Recorded the foregoing will Oct. 26th 1842

Attest WD Heim Clerk
______________________________________________________________


Will of William Terrer decd
___________________________

Pleas held at the Court House in Delaware on the

14th day of October AD 1842 before the Honorable Joseph

R Swan President & John Brundige, John Lugenbeel &

& Ahab Jinks Esqrs his Associates Judges of the court of

common Pleas in & for the County of Delaware & State

of Ohio

"This day the last will & testament of William Terrer

decd was produced in open Court & proved by the testimony
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 256)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 256)

Description

[page 256]


[corresponds to labeled page 211, of Will Records Vol. 2 - 1835-1850]

211,

of the subscribing witnesses thereto as reduced to writing ap-

-proved & ordered to be recorded. And thereupon on motion of

John Humphreys & James Kyle the Executors in said

will named it is moved that letters testamentary be grant-

-ed them upon their entering into bonds in the sum of

$500.00? with George Wolfley & Hugh Kyle as security.

And it is further ordered, that Morgan Williams, Elijah

Adams & Robert Davis appraise the personal property

of said Estate

"I William Terrer of Radnor Township Delaware Coun-

-ty Ohio being of lawful age and of sound mind and mem-

-ory. Do make and publish this my last will & testament

in manner and form following that is to say. First

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

debts be fully paid. Second~ I will devise and bequeath

to my beloved wife Dorothy Terrer the one half of my farm

in which I now reside. Situate in Range 20. Township 6,

Section 2 lot 18 during her natural life. she having the

privilege of choosing the same in lieu of her dower.

Third, I give devise and bequeath to my daughter Mar-

-garet Terrer her heirs and assigns the other half of said

farm and the whole of said farm after the death of my said

wife /provided/~ that should said Margaret marry she is

to keep the whole farm in good repair. Also to furnish

her mother the said Dorothy with sufficient quantity of

fuel while she lives. also to do her milling~ Also to furnish

the said Dorothy one dress, one under dress & two pair of

stockings yearly from the wool raised or purchased by said

Dorothy. Said Dorothy to give all or any of her personal

property to whom she thinks proper /provided/ that

should my said daughter Margaret die without issue then

and in that case and after the death of my said wife,

I give and devise all my property as follows. first. I

give and devise one hundred dollars to my brother

Edward Terrer. Second. I give & devise fifty dollars to

the Salem Baptist Church in Almwch Anglesea

North Wales Great Britian. and the residue I give

and devise to the Baptist Missionary Society for the

mission in Burmah /Asia/ and the American Bap-

-tist Bible society to be equally divided between said Societies
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 257)

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[corresponds to labeled page 212, of Will Records Vol. 2 - 1835-1850]


212

And lastly, I hereby constitute and appoint my neighbors

John Humphreys and James Kyle to be the Executors

for this my last will and testament revoking and annulling

all former wills by me made and ratifying and confirming

this and no other to be my last will and testament. In testimony

whereof I hereunto set my hand and seal. this tenth day of

June in the year of our Lord. One thousand eight hundred

and forty two~ William Terer {seal}

Signed, sealed, published and declared by the above

named William Terer as and for his last will and testa-

-ment in presence of us who at his request have signed

as witnesses to the same~ Morgan Williams John

Humphreys. James Kyle

Delaware County SS Court of Common Pleas October

Term 1842~ Morgan Williams. John Humphreys & James

Kyle appeared in open Court and upon their respective oaths

depose and say that the instrument of writing now here

produced in Court purporting to be the last will and testa-

-ment of William Terrer. bearing date the 10th day of June

1842 was by the said William Terrer executed published

and declared as his last will and testament on the day of

the date thereof at his residence in Radnor in said County

and these deponents there & there saw him sign the

same and they at his request in his presence & in the presence

of each other. signed their names thereto as witnesses~ that the

said Terrer was then of the age of about 53 years of sound

mind & memory and not acting under any restraint &

further say not. John Humphreys. James Kyle. Morgan Williams

Subscribed & sworn to in open Court. Oct. Term 1842

WD Heim Clerk

Recorded the foregoing will &c Oct. 27th 1842

Attest WD Heim Clerk~

______________________________________________________________________


Will of Nathaniel Benton decd

_____________________________


Pleas held at the Court House in Delaware on the 14th day

of October AD 1842. before the Honorable Joseph R Swan

President & John Brundige. John Lugenbeel & Ahab Jinks Esqrs


Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 258)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 258)

Description

[page 258]

[corresponds to labeled page 213, of Will Records Vol. 2 - 1835-1850]


213

his Associates. Judges of the Court of Common Pleas in &

for the County of Delaware in the State of Ohio

"This day the last will & testament of Nathaniel Benton.

decd was produced in open Court & proved by the testimony of

the subscribing witnesses thereto as reduced to writing approved

& ordered to be recorded. And thereupon on motion of Isabel

Benton the Executrix in said will named, it is named that

letters testamentary be granted her upon her entering into

bonds in the sum of $4000.00? with William P Benton.

& Jonathan Gardner as security. And it is further ordered

that Timothy Andrews. Lyman Andrews & Ebenezer

Goodrich appraise the personal property of said Estate

"In the name of the beloved Father of all. I Nathaniel

Benton of Liberty Township Delaware County & State of

Ohio being weak in body but of sound mind do make and pub-

-lish this my last will and testament. Item first~ I give

and devise to my beloved wife Isabel in lieu of her dower

^all my estate which amounts to about Eighteen hundred or two thousand

dollars principally in notes of hand secured by mortgage on

real estate. Item 2d~ I will that the said Isabel ^collect & pay all

my honest debts. Item 3rd I will that the said Isabel

pay to each of my heirs. the sum of two hundred dollars

when by her collected of my estate and they arrive at lawful

age. Provided~ If the said Isabel cannot collect the notes

of my estate. and proceeds to and closes the said mortgage or

mortgages on real estate, then and in that case the said

Isabel to pay to the said heirs the amount of two hundred

dollars each from the proceeds of the said estate when by

her by sold. Item 4th It is my will that if my wife

Isabel should marry after after my decease. that she should

only have of my estate five hundred dollars all the residue

to be equally divided between my heirs. Item 5th It is my

will that all the residue of my estate that may be in possess-

-ion of my wife Isabel or that may be owned by her at her

decease should descend to and be equally divided between my

heirs Item 6th I appoint and make the said Isabel

my wife executrix of this my last will and testament

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

-timony whereof I have hereunto set my hand and seal.

This first day of July in the year One thousand and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 259)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 259)

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[page 259]

[corresponds to labeled page 214 of Will Records Vol. 2 - 1835-1850]


214,

Eight hundred and forty two

Nathaniel Benton {seal}

Signed and acknowledged by said Nathaniel

Benton as his last will and testament in our presence

and signed by us in his presence. Lyman Andrews

A. Goodrich

The State of Ohio Delaware County SS~ Personally

appeared in open Court Lyman Andrews & A. Goodrich

subscribing witnesses to the last will and testament of

Nathaniel Benton late of Delaware County decd & made

oath in due form of law depose & say that they and

each of them subscribed said will at the request and in

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

and that he declared it to be his last will and testament.

that he was of sound mind and memory and not under

any restraint and that he was of lawful age say about

fifty years. Lyman Andrews A Goodwich

Sworn to & subscribed in open Court this 14th day of October AD 1842

WD Heim Clerk~

Recorded the foregoing will &c Oct. 24th 1842~

Attest WD Heim Clerk~


___________________________________________________________________________


Will of Abial Converse decd
___________________________

Pleas held at the Court House in Delaware on the 16th

day of October AD 1842 before the Honorable Joseph R Swan

President & John Brundige, John Lugenbeel & Ahab Jinks

Esqrs his Associates, Judges of the Court of Common Pleas

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

This day the last will & testament of Abial Converse decd

was produced in open Court & proved by the testimony of

Enos Evans one of the subscribing witnesses thereto as reduced to

writing; & Ambrose Miller the other subscribing witness

thereto having gone to parts unknown the deposition of

John Beebe was taken in writing as proof of the execution

of said will. thereupon the Court consider said will duly

found & order the same to be recorded

"I, Abial Converse of the County of Delaware in the State
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 260)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 260)

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[corresponds to labeled page 215 of Will Records Vol. 2 - 1835-1850]


215,

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

in manner and form following that is to say. first~ It is

my will that my funeral expenses and all my just debts be

fully paid. 2d Second. I give devise and bequeath to my

beloved wife Phebe Converse in lieu of her dower the plantation

in which we now reside. that is the use, rent, profit and ben-

-efit arising therefrom until my youngest son Alonzo

W. Converse. shall be of the full age of twenty one years which

will take place on the 13th day of November One thousand

eight hundred and fifty seven if he the said A W Converse

should live so long~ said plantation is situated in the county

of Delaware and state of Ohio in the Sixteenth Range

Township Seven Section four North part of lot No. Sixteen

continuing Sixty Six acres or there about and further after

the expiration of time that the said A W Convers shall be of

lawful age the said farm or plantation as above described

to be equally divided between my four children that is R.

Alvira Converse one fourth part. Artamus C Converse one

equal one fourth part. Alonzo W Converse one 1/4. Louisa

Matilda one equal one fourth part. all subject to my widows

dower if they all should live till that time but if any should

not survive till the expiration of that and decease with=

=out heirs. then the amount to be divided among those

that do survive equally= And further it is my will that

my wife Phebe Converse Should have after all legal and

lawful debt is paid. all the goods. chattels. money and

effects that may be remaining or due me at my death

And lastly I hereby appoint my said wife Phebe Converse

and John Beebe of the County of Knox to be the Execu=

=tors of this my last will and testament revoking all other

and annulling all former wills by me made and ratifying

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

testament. In testimony whereof I have hereunto set my

hand and seal this Sixth day of July AD 1841

Abial Converse {seal}

Signed published and declared by the above named

Abial Converse as and for his last will and testament

in presence of us. who at his request signed as witnesses

of the same - Ambrose Miller. Enos Evans

Delaware County SS. Court of Common Pleas October
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 261)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 261)

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[page 261]

[corresponds to labeled page 216 of Will Records Vol. 2 - 1835-1850]


216


Term 1842. Enos Evans being duly sworn in open Court

upon his oath says that the instrument of writing herewith

shown to the Court purporting to be the last will and

testament of Abial Converse of said County was executed

by the said Converse in the deponents presence on the sixth

day of July 1841~ that the deponent being so present, said

the said Abial Converse subscribe the same & heard him

acknowledge the same to be his last will and testament

and that the deponent subscribed his name to the same

as witness in the presence of the said Abial Converse & at

his request. And the deponent further says that the said

Abial Converse at the time of executing the said will was of

about the age of 48 years of sound mind and judgment

and acting under no restraint but did the same of his

own free will and accord. Enos Evans

Subscribed & sworn to in open Court Oct 14th 1842

WE Heim Clerk~

Delaware County SS Court of Common Pleas. October

Term 1842~ John Beebe being duly sworn in open Court

upon his oath says that the instrument of writing here=

=with shown to the Court purporting to be the last will

& testament of Abial Converse of the said County was execu=

=ted by the said Converse on the day and year therein specified

in the deponents presence & that the deponent, being so per-

-sonally present saw the said Abial Converse subscribe

the same and heard him acknowledge the same as his

last will and testament that the said Converse at the

time of executing said will was of about the age of 48

years of sound mind and judgment and acting under

no restraint but did the same of his own free will and

accord. And the deponent further says that he saw

the said Ambrose Miller whose name is subscribed to the

said instrument as witness to the same subscribe the said

as witness in the presence of the said Abial Converse and

at his request~ the said Converse acknowledging to the

said Miller~ that the said instrument was his last will

and testament~ and the said signature of the said Miller

is true and genuine~ And the deponent further says

that the said Ambrose Miller has left the said County

of Delaware and gone to parts unknown and that no
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 262)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 262)

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[page 262]

[corresponds to labeled page 217 of Will Records Vol. 2 - 1835-1850]


217

one in said County has knowledge of his place of residence~

And further says not ~ John Beebe

Subscribed & sworn to in open Court Oct. 14th 1842

WD Heim Clerk~

Recorded the foregoing will &c Oct. 28th 1842

Attest WD Heim Clerk~

______________________________________________________________________

Will of John Jones decd
________________________

Pleas held at the Court House in Delaware on the 14th

day of October AD 1842 before the Honorable Joseph R Swan

President & John Brundige, John Lugenbeel & Ahab

Jinks Esqrs his Associates. Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Ohio

"This day the last will and testament of John Jones

decd was produced in open Court & proved by the testimony

of Rees Williams and of the subscribing witnesses thereto as

reduced to writing & the other subscribing witness David

Davis having gone to parts unknown the deposition of

Thomas C Jones was taken in writing as proof of the

execution of said will - thereupon the Court consider said

will duly proved & order the same to be recorded

On application of Wilder Joy the Executor named in

the last will & testament of John Jones decd it is ordered

that letters testamentary be granted him upon his enter-

-ing into bonds in the sum of $500.00? with Horatio P

Havens & Hosea Williams as security. And it is further

ordered that David Dyke, Emory Moore & Thomas

Williams appraise the personal property of said estate

"In the name of the Benevolent Father of all, I, John

Jones of the County of Delaware & State of Ohio do make

and publish that my last will and testament-

1st That out of my personal property or if that shall not be

sufficient then out of my real estate all my just debts together

with my funeral expenses be fully paid. 2nd I do hereby

nominate and appoint Wilder Joy of the County of Delaware

aforesaid executor of this my last will and testament hereby
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 263)

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[corresponds to labeled page 218 of Will Records Vol. 2 - 1835-1850]


218

authorizing and empowering him to compromise, adjust

release and discharge in such manner as he may deem

proper the debts and claims owed me. I do also authorize

and empower him if it shall become necessary in order to

pay any debts to sell by private sale or otherwise such

portion of my real estate as may be necessary to the satisfac=

=tion of my said debts and to execute acknowledge and de=

=liver deeds in fee simple for the same. The said real

estate being thirty acres of land off the West end of East half

of the Smith West quarter of lot No. 6 in the second quarter

of the fifth Township and nineteenth Range. U.S.M. lying

and being in the County of Delaware and State of Ohio

And I further direct that that after all my debts shall be

fully paid as aforesaid my said executor proceed to sell the

balance or the whole as the case may be of my said real X

or in such manner or upon such terms of credit. as to him

shall seem most proper. hereby authorizing him to execute

acknowledge and deliver deeds in fee simple for the same

And the money that shall be made by such sale or sales

together with any other property that I may have of any

Kind after the payment of my debts as aforesaid. I devise and

bequeath to my beloved mother Margaret Jones now residing

in Wales. And I further authorize my said Executor to send

all said moneys to her in such manner as to him shall

seem best~ In testimony whereof I have hereunto set

my hand and seal this 24th day of Sept. AD 1842

John Jones {seal}

Sealed and acknowledged by said John Jones as his

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

his presence. David Davis. Rees Williams

State of Ohio Delaware County SS Rees Williams

being first duly sworn deposes and says that the paper here

produced in Court purporting to be the last will and testa=

=ment of John Jones was signed by said John Jones as such

in my presence and in the presence of David Davis / who

is now gone to parts unknown / that said John Jones signed

said will freely and voluntarily and without restraint

and was of sound mind and memory~ that he requested

deponent and said David Davies to sign said will as

witness that deponent and said Davies did accordingly
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 264)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 264)

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[page 264]

[corresponds to labeled page 219 of Will Records Vol. 2 - 1835-1850]


219

in the same witnesses in the presence of said John Jones

and of each other and further says not

Rees Williams

Subscribed & sworn to in open Court this 14th day of Oct=

=ober 1842 WD Heim Clerk

Thomas C Jones being duly sworn deposes and says

that the paper here produced in Court purporting to be

the last will and testament of John Jones was written

by deponent at the request of said John Jones. that the signed

was sound as his last will and testament in the presence of

deponent and of David Davies and Rees Williams~ that

said Davies and Williams at the request of the testator and

in his presence and in the presence of each other signed said

will as witnesses that said John Jones was at the time

he signed said will of sound mind and memory and was

under no restraint~ testator had the appearence of being

of the age of thirty five or forty five years and further says

he T.C. Jones

Subscribed & sworn to in open Court this 16th day of October AD 1842

WD Heim Clerk~

Recorded the forgoing will Novr 3d 1842

Attest WD Heim Clerk
__________________________________________________________________________


Will of Walter Penry dec
________________________

Pleas held at the Court House in Delaware on the 17th

day of October AD 1842 before the Honorable Joseph R Swan

President & John Brundige, John Lugenbeel & Ahab Jinks

Esqrs his Associates. Judges of the Court of Common Pleas in

& for the County of Delaware & State of Ohio

This day the last will & testament of Walter Penry decd

was produced in open Court & proved by the testimony of the

subscribing witnesses thereto as reduced to writing approved

& ordered to be recorded

In the name of God~ Amen~ I Walter Penry in perfect

understanding but weak of body, do on this 21st of Sept

AD 1831 make my last will and testament viz

I give and bequeath all which I possess between my father
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 265)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 265)

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[page 265]

[corresponds to labeled page 220 of Will Records Vol. 2 - 1835-1850]


220

and Mary Penry Sen ~ he is to be comfortably supported

and after his death all is to be left the said Mary Penry and

her children. I desire none of the property to be removed

from the premises. I also appoint Mary Penry and

John Humphreys to be the Executors of my last will and

testament. Signed by me Walter X Penry

In presence of John Humphreys, John R Jones

"Com Pleas. October Term 1842. Delaware County Ss

John Humphreys and John R Jones being duly sworn

in open Court upon their oaths say that the instrument

of writing now here submitted to the Court purporting

to be the last will and testament of Walter Penry bearing

date 21st September 1831 was by the said Penry on the day

of the date thereof published and declared as his last will

& testament, that they said deponents heard him acknowl-

-edge his mark and name thereto and that they at his

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

signed their names thereto as witnesses ~ that at that

time said Walter Penry was about 50 years of age of

sound mind mind & memory & not acting under any

restraint & further say not~ John Humphreys

John R Jones

Subscribed & sworn to in open Court Oct. 17th 1842

WD Heim Clerk~

Recorded the foregoing will etc Novr 3d 1842

Attest WD Heim Clerk~
_______________________________________________________________


Will of Amos Carr decd
_______________________

Pleas held at the court House in Delaware at a special

Court on the 24th day of October 1842 before the Honorable

John Brundige, John Lugenbeel & Ahab Jinks Esqrs

Associate Judges of the Court of Common Pleas in & for the

County of Delaware and in the State of Ohio

This day the last will & testament of Amos Carr decd

was produced in open Court & proved by the testimony of

the subscribing witnesses thereto as reduced to writing app-
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 266)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 266)

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[page 266]

[corresponds to labeled page 221 of Will Records Vol. 2 - 1835-1850]

221


-roved to be recorded. And thereupon on motion of William

August and William Jackson the Executors in said will named

& is ordered that letters testamentary be granted them upon

their entering into bonds in the sum of $1000.00? with

James Ligget & John Smart as security~ And it is further

ordered that William M Warren, George Beam & James

Arnold appraise the personal property of said estate

I Amos Carr of the County of Delaware in the State

of Ohio do make and publish this my last will and

testament in manner and form following that is to say

First. It is my will and funeral expenses and all my

just debts be fully paid. Second. I give devise and bequ-

-eath to my beloved wife Margaret Carr in lieu of her

dower the plantation on which we now reside situated

in Delaware County on the waters of Mill Creek con-

-taining about One hundred and Seventy five acres

and also the four acres where the still now stands so long

as she may remain my widow and all the live stock

Horses. Cows. Sheep and hogs by me now owned and kept

thereon. Also all the household furniture and other

items not particularly mentioned and otherwise

disposed of in the will. their however first disposing

of a sufficiency thereof to pay my just debts as aforesaid

and it is my will that she shall have and keep the

two work houses that now is on the farm viz~ One

Bay mare and one Brown horse together with her

choice of harness for them and two plows one patent-

plow and one shovel plow and two weeding hoes

and two single tree and double tree and clevisis suf-

-ficient for the two plows~ And at the death of my

said wife or if she should hereafter marry all the property

hereby devised or bequeathed to her as aforesaid or so much as may

remain unexpended to my nine children Gideon, Amelia,

Louisa, Jackson, Conrad & Catherine. Hagar. Amos. Margaret

John J Carr and to their heirs and assigns forever except

Jacksons which I will and bequeath to his heirs for their

special benefit and use~ And lastly I hereby constitute

and appoint William Jackson and William Smart

to be the Executors of this my last will and testament

me made and revoking and annulling all former
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 267)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 267)

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[corresponds to labeled page 222 of Will Records Vol. 2 - 1835-1850]


222

wills, ratifying and confirming this and no other to be my

last will and testament. In testimony whereof I have

hereunto set my hand and seal this 2nd day of October A.D.

1842 Amos Carr {seal}

Signed published and declared by the above named

Amos Carr as and for his last will and testament in

presence of us who at his request have signed as witnesses

to the same. Joab Liggit, Wm H Felkner~

"Joab Liggit and William Felkner being examined in

in open Court upon these respective oaths say that they

were called upon to witness the execution of the last will and

testament of Amos Carr decd~ and signed the same in their

presence~ that they attested the same in his presence and at

his request~ that said testator was of full age, of sound mind

and memory and free from any restraint, and is now

deceased. Joab Ligget. Wm H Felkner

Subscribed & sworn to in open Court Oct. 24th 1842

WD Heim Clerk~

Recorded the foregoing will etc Novr 4d 1842

Attest WD Heim Clerk~
______________________________________________________________________


Will of Samuel Munroe decd
___________________________

Pleas held at the Court House in Delaware on the 21st day of Marc

AD 1843. before the Honorable Joseph R Swann President & Ahab

Jinks. Marshall L Griffin & William Norris his associate

Judges of the Court of Common Pleas in & for the County of Del-

-ware in the State of Ohio.

This day the last will & testament of Samuel Munroe decd was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto, as reduced to writing approved & entered to be record-

-ed. And thereupon on motion of Hannah Monroe the Executor

in said Will named it is ordered that letters testamentary be granted

her upon the terms set forth in the said will upon her entering

into bonds in the sum of $1700.00? with John Bostwick & Ebinezer

Wood as security And it is further ordered that Lester Bartlett

Adam Wolf & Stephen Wood appraise the personal property

[page cut off]
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 268)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 268)

Description

[page 268]

[corresponds to unlabeled page 223 of Will Records Vol. 2 - 1835-1850]


The last will and testament of Samuel Munroe of Westfield

Township Delaware County & State of Ohio

In the name of God. I Samuel Munroe considering

the uncertainty of this mortal life and being of sound mind &

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

manner & form following (that is to say) First. I give and bequeath

unto my wife Hannah Monroe the use of my farm in Westfield

township together with all my personal property for her support

and the raising of my children until the youngest

child become of age; I appoint my said wife Hannah Monroe

sole executrix of this my last will & testament until my said

youngest child, become of age, if she remain my widow, but

if she, said Hannah Monroe marry, she then ceases to be executrix

of this my will and she the said Hannah Monroe shall thereafter

have no part of nor interest in my estate except one bed & bedding

and one hundred dollars which shall be given to her by my executor.

I hereby authorize my said wife Hannah Monroe to sell my

lot of land situate in Lincoln Township and to make a title for

the sum (said land not to be sold for less than three hundred

dollars and make such improvement on my farm in Westfield

Township as she may think proper. Item I give and bequeath

unto the heirs of my son Leonard Monroe deceased the sum of

One hundred dollars. Item I give and bequeath unto my son

Isaac Monroe the sum of one hundred dollars. Item I give &

bequeath unto my daughter Kezia Wood the sum of thirty dollars

Item I give and bequeath unto my daughter Mariah Smith the

sum of thirty dollars Item I give & bequeath unto my daughter

Sophiah Wood the sum of thirty dollars. Item I give and bequeath

unto my four sons, James Monroe, Alonzo De Carto Monroe, Jasper

Monroe & Spencer Monroe the sum of two hundred dollars each. Item

I give & bequeath unto my youngest son Oscar Monroe the sum

of three hundred dollars. Item I give & bequeath unto my youngest

daughter Eveline Monroe the sum of three hundred dollars. I hereby appoint

my brother Isaac Monroe and such other person as the Court may

be pleased to choose Executors of this my last will & testament to sell

as soon as my youngest child becomes of age. all my real & personal

estate & I hereby authorize them this said Executors last mentioned to

make titles for the same & to pay all of the legacies or sums of money

to the legatees above mentioned. And if my wife Hannah Monroe

is still living and remains my widow to reserve five hundred

dollars for her support to be by them given to, or laid for her as She

may need. said five hundred dollars is to be put out at interest.

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 269)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 269)

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[page 269]

[corresponds to labeled page 224 of Will Records Vol. 2 - 1835-1850]


224

so that it or any part of it can be had at any time when wanted

and the balance to be equally divided among my children. If my

wife Hannah Monroe marry or die before my youngest child

become of age I authorise the above mentioned Executors then to secure

all of the personal property belonging to my estate and to rent the

farm & let all the money at interest that is not needed for the sup-

-port of my children, and to bind the boys to trades when old enough

and to see that my daughter Eveline is well railse and educated, &

if she said Eveline marry before my youngest child becomes of age, she

is to have one hundred dollars of his legacy given to him at his marriage

In witness whereof I have hereunto set my hand & seal the fifth

day of March in the year of our Lord one thousand eight hundred

and forty one

Samuel Monroe {seal}

Signed sealed published & declared by the above named Samuel

Monroe to be his last will & testament in the presence of us who at

his request and in his presence have subscribed subscribed our names

as witnesses thereto Elijah Wood, George Welch, Ira McLeod

The State of Ohio Delaware County Ss. Court of Common Pleas

March Term 1843. Personally appeared in open Court Elijah Wood

George Welch & Ira McLeod who being duly sworn depose & say that

the paper before them purporting to be the last Will & Testament of Samuel

Munroe now deceased was by the said Samuel Munroe acknowledged

published and declared to be his last Will & Testament in the presence

of these deponents that the said deceased was of lawful age that he

was of sound & disposing mind & memory & under no restraint as they

verily believe, that they subscribed the same as witnesses in the presence of & at

the request of the Testator & in the presence of each other.

Elijah Wood

George Welch

Ira McLeod

Sworn to & subscribed in open Court this 21st day of March AD 1843

WD Heim Clerk,

Recorded the foregoing will etc March 30th 1843.

Attest WD Heim Clerk,
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 270)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 270)

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[page 270]

[corresponds to labeled page 225 of Will Records Vol. 2 - 1835-1850]


225

Will of Robert Jones decd


Pleas held at the Court House in Delaware on the 22nd day of March

A.D. 1843 before the Honorable Joseph R Swan President & Ahab

Jinks, Marshall L. Griffin & William G Norris his associate

judges of the Court of Common Pleas in & for the County of Del-

-ware in the State of Ohio.

This day the last will & testament of Robert Jones decd was pro-

-duced in open Court & proved by the testimony of the subscribing witnesses

thereto as reduced to writing approved & ordered to be recorded, and

thereupon on motion of Thomas C Jones the executor in said will

received it is entered that letters testamentary be granted him upon

his entering into bonds in the sum of $3,000? with Ralph

Hills & Sidney Moore as security, and it is further ordered that

Emery Moore, Lewis Brees & Chauncey Lumbert appraise the personal

property of said estate.

In the name of God Amen: I Robert Jones make &

publish this as my last will and testament. 1st That all

my just debts be fully paid. 2nd.I give and bequeath to my

beloved wife Susanna Jones and to her heirs and assigns foreon

all my personal and real property of whatever name or nature.

And I constitute and appoint my son Thomas C Jones as

executor of this my last will and testament. And I hereby make

any will or wills heretofore made by me and make and publish

this as my true last will and testament. In witness whereof I hereunto

put my hand seal this 18th day of February AD 1843.

Robert Jones {Seal}

Signed sealed and delivered in the presence of Chauncey Lumberd

Lewis Brees.

The State of Ohio Delaware County Ss Court of Common

Pleas March Term 1843. Personally appeared in open Court

Chauncy Lumberd & Lewis Brees who bring duly sworn depose &

say that the papers before them purporting to be the last will & testament

of Robert Jones now deceased was by the said Robert Jones acknowl-

-aged published & declared to be his last Will & Testament in the presence

of these dependents that the said deceased was of lawful age, the he

was of sound & disposing mind and memory and under no restraint

as they verily beleive that they prescribed the same as witnesses in the

presence & at the request of the Testator and in the presence of each

other Chauncy Lumberd, Lewis Brees,
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 271)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 271)

Description

[page 271]

[corresponds to labeled page 226, of Will Records Vol. 2 - 1835-1850]


226

Sworn to and subscribed in open Court the 22nd day of March AD 1843

W D Heim Clerk.

Recorded the foregoing will &c 30 March 1843

Attest. W D Heim Clerk.
===================================================================

Will of William McClure decd

============================


Pleas held as the Court House in Delaware on the 23d day of March

AD 1843 before the Honorable Joseph R. Swan President & Ahab

Jinks. Marshall L Griffin & William G. Norris his associates Judges

of the Court of Common Pleas in & for the County of Delaware

in the State of Ohio.

This day the last will & testament of William McClure decd

was produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

& thereupon on motion. It is ordered that Jane McClure, Richard

McClure & John McClure be appointed Administrators with the

will annexed upon their entering into bonds in the sum of

$600.00? & with James McClure & Emery Moore as security. And

it is further ordered that Samuel Mason, John W Thompson &

Frederich Avery appraise the personal property of said Estate.

I William McClure of the County of Delaware in the

State of Ohio do make & publish this my last will & testament

in the manner & form following that is to say. First It is my will

that my funeral expenses & all my just debt be fully paid. Second

I bequeath to my beloved wife Jane McClure her right of Doer in

the plantation on which we now reside, situated in the Nineteenth

Range, fourth Township, Second Section & lot number Twenty con-

-taining One hundred acres during her natural life. Third I give

& devise to my son James McClure five dollars. 4th I give & devise

to my Daughter Eliza Rheam the sum of five dollars. 5th I give &

devise my daughter Jane Murphey the sum of ten dollars. 6th

I give & devise to my son Andrew McClure the sum of fifty dollars

7th I give & devise to my grandson William McClure son of James

McClure the sum of ten dollars. 8th I give & devise to my grand

son William McClure son of Doct William McClure the sum of

twenty five dollars 9th I give & devise to may grand son William

Rheam the sum of Ten dollars. 10th I give & devise to my grand

son William Crawford Cunningham the sum of twenty five dollars.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 272)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 272)

Description

[page 272]

[corresponds to labeled page 227 of Will Records Vol. 2 - 1835-1850]


227

11th I give & devise to my live sons Richard McClure & John McClure

the remainder of all my real & personal property to wit: the farm on which

we now live (in Delaware Township Range 14 Township 11. section 2 &

Lot 20) all Houses Cattle Hogs Sheep & farming utensils belonging to

said farm & that the household furniture be divided between Jane

McClure, Richard & John McClure. It is to be understood that the

amount to William McClure & William Crawford Cunningham

his two Grandsons be put out at interest, taken care of by this Uncle

John McClure until they become of age. In testimony whereof I have

hereunto set my hand & seal this 27th day of February AD 1838

Wm McClure {Seal}

Signed published & declared by the foregoing named William McCLure

as & for his last will & testament in presence of us, who at his request

have signed as witnesses to the same. William D Heim, Sidney

Moore.

The State of Ohio Delaware County Ss Court of Common Pleas

March Term 1843. Personally appeared in open Court Sidney

Moore & William D Heim subscribing witnesses &c who being duly

sworn depose & say that the papers before them purporting to be the

last Will & testament of William McClure late of Delaware Co

now deceased was by the said William McClure acknowledged pub-

-lished & declared to be his las Will & Testament in the presence of

these deponents that the said deceased was of lawful age that he was

of sound disposing mind & memory & under no restraint as they verily

believe that they subscribed the same as witnesses in the presence of & at the

request of the Testator & in the presence of each other.

Sidney Moore. Wm D Heim

Sworn to & subscribed in open Court this 23d day of March AD 1843

Wm G Norris Associate Judge

Recorded the foregoing will March 31st 1843

Attest W D Heim Clerk

====================================================================


Will of John L Markel decd

============================

Pleas held at the Court House in Delaware on the 24th day

of March AD 1843. before the Honorable Joseph R. Swan president

& Ahab Jinks. Marshall L Griffin & William G Norris his

associates. Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 273)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 273)

Description

[page 273]

[corresponds to labeled page 228 of Will Records Vol. 2 - 1835-1850]


228

This day the last will & testament of John L Markel decd. was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto us ordered to writing, approved & ordered to be record-

-ed & therefore Elizabeth Markel widow of said John L Markel decd

approved personally in open Court & made her election to take under

the said will & it appraising to the Court that the Executors named

in said will refuse to act on motion. It is ordered that letters of

administration with the will annexed be granted unto John F Dun-

lap upon his entering into bonds in the sum of $800.00 with

James R McKinnie & Emery Moore as security And it is

furthered ordered that John Moyer, John Gast & Maryann Williams

appraise the personal property of said Estate.

In the name of the Benevolent Father of all I, John L

Markel of Thompson township in the County of Delaware & State

of Ohio do make & publish this my last will & testament as follows

Item 1st I give & devise to my beloved wife Elizabeth Markel the

one half of the farm on which we now reside situate in Thompson

Township Delaware County Ohio on the West side of the Scioto River

in the South half of Moreheads survey No 3150. Virginia Military

Lands which deed is on record in the Recorders Office in Delaware

Vol 20 page 93 also the one half of all my personal property after

my funeral expenses & all my just debts be fully paid to her & her heirs

& assigns. Item 2nd I give & devise to my two nephews Sweaton

Fairchild & Elihu Fairchild the other half of all my personal or

real property which I now own or may come to me by will or wills

or otherwise. Provided Sweaton & Elihu Fairchild shall take care

of said farm & if not my said wife is to have their share during her

natural life and after her death the said Sweaton and Elihu Fairchild

or their heirs or assigns is have it in fee simple Item 3d I do

hereby nominate & appoint my wife Elizabeth Markel & my friend

Hon John Lugenbeel Executor of this my last will & testament hereby

authorizing & confirming them to compromise adjust release & discharge

in such manner as they may deem proper the debts & claims due me.

I do also authorize & confirm 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 & deeds to purchasers to execute acknowledge & deliver

in fee simple. I do hereby revoke all former wills by me made

in testimony whereof I have hereunto set my hand & said this sixth

day of December AD 1847

John L. [his mark] Markel {seal}
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 274)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 274)

Description

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[corresponds to labeled page 229 of Will Records Vol. 2 - 1835-1850]


229

Signed and acknowledged by said John L Markel as his last will &

testament in our presence & signed by us in his presence.

William Mills Morgan Williams

The State of Ohio Delaware County ss. Court of Common Pleas

March Term 1843. Personally appeared in open Court William Miles

& Morgan Williams who being duly sworn depose & say that the papers

before them purporting to be the last Will & Testament of John L Markel

now deceased was by the said John L Markel acknowledged published

& declared to be his last will & testament in the presence of these deponents

that the said deceased was of lawful age that he was of sound and

disposing mind & memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence & at the request

of the Testator & in presence of each other, Morgan Williams, William

Miles

Sworn in & subscribed in open Court this 21st day of March AD 1843

W D Heim Clerk

Recorded the foregoing will March 31st 1843

Attest W D Heim Clerk

========================================================================

Will of William Carter decd.

Pleas held at the Court House in Delaware on the 27th day

of March AD 1843 before the Honorable Joseph R Swan President

and Ahab Jinks, William G Norris & Marshall L Griffin his

associates Judges of the Court of Common Pleas in for the County

of Delaware in the State of Ohio.

As motion of T.W. Powell Atty oc It is ordered that the authen-

-ticated copy of the last will & testament of William Carter decd

now produced & proved according to the laws of the State of Vir-

-ginia and having relation to property in this State be admit-

-ed to record among the Record of Wills for this County~

In the name of God Amen, I William Carter of the City

of Richmond, Apothacary & Druggist do make & ordain this my

last will & testament. That is to say principally & first of all I give

and recommend my soul into the hands of Almighty God, that

gave it, and my body I recommend to the earth to be buried in

a plain and decent Christian burial viz in a plain black walnut

coffin without any covering and desire no one but my dear wife

to go into mourning for me. And as to my worldly estate I

give demise and dispose of the same in the manner & form follow

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 275)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 275)

Description

[page 275]

[corresponds to labeled page 230 of Will Records Vol. 2 - 1835-1850]


230

First I will and devise that all my just debts, Funeral expenses &

the charges of proving this will be paid. I give and bequeath to

my dear wife Mary all my household furniture, plates, linnen &

china which I may be possessed of at my decease and my gold watch

which I am now possessed of at my decease asurring such a proportion

of furniture to be given to my daughter Jane. Now in case of her

marriage or her wishing to live otherwise than with my said wife

Mary as was given to my daughter Mary Edloe at the time of

her marriage to Mr. Joseph Jackson. I give and bequeath unto my

daughter Elizabeth Wray Spencer such a proportion of the said furni-

-ture as she shall be in possession of at my decease. I will and desire

that my executor herein after named shall and do immediately after

my decease deliver to my son William all my surgical instruments

together with such a proportion of Books & Medicines as I intend to

make a list of but in case no such list can be found, then I will

that my said executors shall give my son such a proportion of books

and medicines as shall be desired most necessary for his practice only.

by one of the faculty chosen by my executors. and not to amount to

more than thirty pounds retail current value, exclusive of the instru-

-ments. And not withstanding my said son has run through more

than his share of my estate by extravagance independent of his

indisposition and altho' his present disposition seems prone to

nothing but idleness and sloth, yet it is my ernest wish and

desire (should that much wished for change take place and he

will endeavor to support himself by his profession) that my said

Executors shall and do by and with the consent of my dear wife Mary

pay unto my said son the sum of thirty pounds current money in

such manner proportion and form as they shall think proper

for and towards his maintinance and support, so as not

to be paid, before the end of twelve months next after my decease, and

I do hereby ratify and confirm a gift heretofore by me given to

my daughter Elizabeth Wray Spencer that is to say the piano

forte, and four plated candlesticks, I give and bequeath unto

my dear wife Mary and her assigns for and during her natural

life my two negro women named Pattey & Easter and five

hundred pounds current money to be put into the hands of one

or more of my said Executors as she shall choose at the rate of

six per centrum per annum to be paid to her quarterly. I also

give and bequeath unto such person or persons as my said wife

shall give & bequeath, limit direct or appoint in & by her last

will & testament the sum of two hundred & fifty pounds, to be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 276)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 276)

Description

[page 276]

[corresponds to labeled page 231 of Will Records Vol. 2 - 1835-1850]


231

paid to them by my said Executors at the end of six months

after her decease, but in case my said wife make in particular

gift bequest limitation direction or appointment thereof then

I will that the same shall sink into the residence of my personal

estate for the benefit of the persons entitled thereto in and by this

my last will. And I do hereby declare that the provisions made

in & by this my last will is by me intended and shall be by her

taken in full barr recompence and satisfaction of all dower

or thirds and other claims or demands which she can or may

have out of all or any the real estate which I may be seized

or possessed of at the time of my decease, and I do hereby charge

and make chargeable all my real estate in and of my person-

-ally with the payment of my just debts and the several legacies

and annuities herein before by me given And I do also give

unto my said wife and her assigns Dower of Entry, distress and

sale upon the same estate in case of failure of payment of the

annuity or legacy to her given for the space of twenty days after

the same is due and payable and subject and charged and

chargeable as aforesaid. In order to pay Doctor John

Wills five thousand dollars with the interest thereon annually

as it becomes due and to secure Mr. Charles Spencer who has

joined with me in bonds for the payment thereof it is my will

and desire that as soon as the surveys of my land on the waters

of the Scioto, North West of the River Ohio can be received &

patent or patents obtained therefor that the said lands may

be sold to the best advantage and on the longest credit that

the purchase of my houses and lots whereon I now live will ad-

-mit of~ And as Mr. Spencer is to have or occupy the lower

part or moiety of the said houses and lot and now laying out

a considerable sum of money thereon in repairs and improvements

it is my desire and will that he the said C Spencer in case of my

decease may either take out in the rent annually (which rent

may be settled by any two or three Gentlemen, Merchants, my

executors may approve of what sum of money he may have laid

out on his moiety of the house he is to occupy or he may pay

forty five pounds which is one half the interest due annually as

he approves of, the rent to commence on the first day of July

past and as soon as all the purchase money with the

interest thereon is paid to Dr. Wills it is then my will and

desire that the said house and lot be equally divided be-

-tween my two daughters Jane How and Elizabeth W Spencer
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 277)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 277)

Description

[page 277]

[corresponds to labeled page 232 of Will Records Vol. 2 - 1835-1850]


232

and that the latter may have the preference in choice and the

whole which may be occupied by Mr. C Spencer shall be one moiety

or half only. It is also my will and desire that at my decease if

it can be conveniently done that the whole of my stock or drugs &

medicines rc may be sold privately to some one person or persons in

my line of business at one hundred percent or more on as long credit

as my estate will admit of and on bond with good security and

my shop rented out in the best terms for paying off my interest

of forty five pounds annually to Dr. Wills, and the rest towards

the support of my wife and daughter Jane How. I, likewise will &

desire that after my just debts are paid that out of what monies

may be left from the sales of my lands and stock in trade, my

daughter Mary Edloe may be paid the sum of seven hundred &

fifty pounds which is equal to her sister Jane Hows moiety of

my houses and lot now in my occupation and the said sum of

seven hundred and fifty pounds I will and desire may be put

out on good bond and security with legal interest thereon as my

executors may think proper and the interest paid to the said

Mary Edloe as it may become due I give and bequeath all the

rest residue and remainder of my real and personal estates of

what nature or kind sown unto and equal amongst my three

daughters Jane How, Mary Edloe Jackson, & Elizabeth Mary Spencer

to hold such real estate unto them, their heirs and assigns forever

which estates of any kind I will and desire shall not be subject

to the debts control or interceding of their present or future

husbands with whom they may happen to inter marry, and it is

my express will and intention that my executors Joseph Jackson,

Charles Spencer and John Carter do and shall immediately after

my decease deliver to my son William Carter, medicines as before

epicified with all my wearing apparel, and dispose of my stock

in trade and collect in as far as possible all my debts and other

effects due and belonging to me at the time of my decease. I will

and desire that my two women Pattey and Easter may be per-

-mitted to choose their Masters and Mistresses and not sold if it

can be avoided and lastly it is my will and mind that should

my daughter Jane Now Carter die unmarried that the remainder

of her portion be equally divided between my other two daughters

Mary Edlov Jackson and Elizabeth W Spencer and hereby

revoking all former wills by me made at any time heretofore

made, I publish and declare this sheet of paper writing to be

my last will and testament and therefore do constitute and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 278)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 278)

Description

[page 278]

[corresponds to labeled page 233 of Will Records Vol. 2 - 1835-1850]


233

appoint the said Joseph Jackson, Charles Spencer and John

Carter my joint executors. In witness whereof I the said

testator have hereunto set and affixed my hand writing and

seal the first day of August in the year of our Lord one thou-

-sand seven hundred and ninety seven~

William Carter Senior {seal}

Signed sealed and delivered in the presence of us who in the

presence of each other have hereunto affixed our names

Benjn Solomon William Crawford, Leighton Moore, Benjm Mosby

Virginia to wit: At a General Court held at the Capitol

in the City of Richmond the 14th day of June 1794. this last

will and testament was proved by the oaths of Benjamin Sol-

-omon, William Crawford and Leighton Wood witnesses thereto

and ordered to be recorded~ And on the seventeenth day of the

same month on the motion of Charles Spencer and Joseph

Jackson two of the exors named in the said will who made

oath thereto recording to law and together with Hugh J.

Crawford and Thomas G Langley securities for the said Charles

(who severally justified us to their sufficiency) and William

Nimino and Joseph Boyce (who also severally justified on oath

as to their sufficiency as securities for the said Jackson) entered

into and acknowledged their bonds in the penalty of $8333 1/3

dollars each conditioned as the law directs, certificate is granted

the said executors for obtaining a probate of the said will in

due form~ liberty being reserved to the other executor named in

the said will to join in the probate where he shall think fit:

Teste Wilson Allen Cl Cur

Virginia to wit: I Nathaniel P Howard Clerk of the

General Court of Virginia do hereby certify that the foregoing

Will of William Carter Senior deceased is truly transcribed from

the records of Wills preserved in my office

In testimony whereof I have hereunto signed my name

{seal} and affixed the seal of the said General Court of

Virginia at the City of Richmond this thirteenth

day of February in the year one thousand eight hundred and

forty three W. P. Howard~

Virginia to wit I David Smith Presiding Judge of

the General Court of Virginia etc. hereby certify that Nathaniel

P Howard whose name is subscribed to the foregoing attestation

was at the date thereof Clerk of the said Court elected and

qualified according to law and that his said attestation
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 279)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 279)

Description

[page 279]

[corresponds to labeled page 234, of Will Records Vol. 2 - 1835-1850]


234

is in due form Given under my hand this twenty first

day of February in the year one thousand eight hundred and

forty three~ Dan Smith

Recorded the foregoing authenticated copy of will &c

May 23d 1843~ Attest WD Heim Clerk~

__________________________________________________________________________

Will of Isaac Dutton Decd

___________________________

Pleas at a special Court held at the Court House in Del-

-aware on the 18th day of April AD 1843 before the Honorable

Ahab Jinks, Marshall L Griffin & William G Norris Associate

Judges of the Court of Common Pleas in and for the County of

Delaware in the State of Ohio

This day the last will & testament of Isaac Dutton decd was

produced in open Court and proved by the testimony of the sub-

-scribing witnesses thereto as reduced to writing approved & ordered

to be recorded and thereupon on motion of Adam Hass the

executors in said will named it is ordered that letters testament-

-ary be granted unto him upon his entering into bonds in the

sum of $400.00? with John Brundige and Robert Patten as

security And it is further ordered that Andrew Strout Benjn

Olds & Joshua Armstrong appraise the personal property of

said estate. In the name of the Benevolent Father

of All, I Isaac Dutton of Delaware County Ohio do make &

publish this my last will & testament~ Item 1st I do hereby

nominate and appoint Adam Hass guardian of all my children

untill they shall respectively be of age. Item 2nd I do hereby nom-

-inate and appoint Adam Hass Executor of my estate to settle up

the same as he shall think best and according to law In testimony

whereof I have hereunto set my hand and seal this 25th day of

March in the year 1843~

Isaac Dutton {seal}

Signed & acknowledged by said Isaac Dutton as his last

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

presence Robert Patton John Simpson~

The State of Ohio Delaware County SS Special Court

of Common Pleas April 18th 1843 Personally appeared in open

Court Robert Patton & John Simpson who being duly sworn

depose and say that the papers before them purporting to be the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 280)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 280)

Description

[page 280]

[corresponds to labeled page 235 of Will Records Vol. 2 - 1835-1850]


235

last will and testament of Isaac Dutton now deceased, was

by the said Isaac Dutton acknowledged justified & declared

to be his last Will & Testament in the presence of these deponents

that the said deceased was of lawful age that he was of sound

and disposing mind and memory and under no restraint as

they verily believe that they subscribed the same as witnessed in

the presence and at the request of the Testator and in the

presence of each other

Robert Patton John Simpson

Sworn to and subscribed in open Court this 18th day of April

AD 1843. WD Heim Clerk~


Recorded the foregoing will &c May 23d AD 1843.

Attest WD Heim Clerk~

________________________________________________________________________

Will of Daniel G Thurston Decd
______________________________


Pleas held at the Court House in Delaware on the 24th day of June

AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks

Marshall L Griffin & William G Norris his Associates, Judges of the

Court of Common Pleas in & for the County of Delaware in the

State of Ohio~

This day the last will & testament of Daniel G Thurston decd was

produced in open Court & proved by the testimony of the subscribing

witnesses. thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of Francis Thurston & Norton Thurston the

executors in the said will named it is ordered that letters testamentary

be granted them upon this entering into bonds in the sum of $1000.00

with Orsamus D Hough & George Baker as Security. And it is

further ordered that William Williams, Ezekial Longwell & Benjamin

Loofborough appraise the personal property of said estate

I Daniel G Thurston of the County of Delaware in the State of

Ohio do make & publish this my last will & testament in manner

and x following that is to say First it is my will that my fu-

-neral expenses & my just debts be fully paid. Second I give, devise

and bequeath to my beloved wife Francis Thurston in lieu of her

dower the plantation on which we now reside situated in the Township

of Brown, County of Delaware, State of Ohio, being a part of

lot No. twenty eight & twenty nine in salt reservation, continuing

about one hundred & eight acres, during her natural life. Third
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 281)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 281)

Description

[page 281]

[corresponds to labeled page 236 of Will Records Vol. 2 - 1835-1850]


236

I give & devise to my eldest daughter Mary Wood five dollars

Fourth, to my eldest son Joseph Thurston five dollars~ Fifth to my

second daughter Betsy Longwell five dollars. Sixth to my second

son Samuel Thurston one hundred dollars, Seventh to my third

daughter, Sarah Thrall five dollars. Eighth to my fourth daughter

Phebe Thrall five dollars. Ninth to my fifth daughter

Eunice Herrendeen five dollars. Tenth to my fourth son Vinal

Thurston five dollars. Eleventh to my sixth daughter Nancy

Thurston five dollars. Twelth to my seventh daughter Francis Walker

five dollars. Thirteenth to my eighth daughter Barbary Thurston five

dollars. Fourteenth to my grand child William Monroe two dollars

& fifty cents Fifteenth to my grand child Lucy Ann Gray two

dollars & fifty cents and to their heirs and assigns, Sixteenth I give

and bequeath to my beloved wife Francis Thurston all the remainder

of my Personal property during her natural life. Seventeenth I give &

bequeath to my third son Norton Thurston after the death of my

wife Francis Thurston the plantation on which we now reside it being

the farm described within with all the real or personal property which

may belong to me at me death. And lastly I hereby constitute &

appoint my said wife Francis Thurston & my said third son Norton

Thurston to be the executors for this my last will & testament, revoking &

annulling all former wills by me made & ratifying & confirming this

and no other to be my last will & testament. In testamony whereof

I have hereunto set my hand and x this twenty seventh day of June

one thousand eight hundred & forty

Daniel G Thurston {seal}

Signed published and declared by the above named David G Thurston

as and for his last will & testament in presents of us who at his request

have signed as witnesses to the same~ C.D. Hough, George Baker

Personally appeared in open Court OD Hough & George Baker &

made solemn oath that they saw David G Ghurston subscribe his

name to the will now to the Court here shown, that at the request of

said Thurston they set their names thereto as witnesses, that the said

Thurston was then of full age, that he was then of sound mind &

memory and that he was not under any restraint.

O D Hough, George Baker

Subscribed & sworn to in open Court June Term AD 1843

WD Heim Clerk~

Recorded the foregoing will June 30th 1843

Attest WD Heim Clerk~

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 282)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 282)

Description

[page 282]

[corresponds to labeled page 237 of Will Records Vol. 2 - 1835-1850]



237

Copy of the Will of Theophilus Harris decd
___________

Pleas held at the Court House in Delaware on the 12th day of

June AD 1843. before the Honorable Joseph R Swan President

and Ahab Jinks, Marshall L Griffin & William G Norris

his associates Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio

On motion of Mr. Finch in behalf of the Executors It is ordered

that the authenticated copy of the last will & testament of Theophilus

Harris decd proved according to the laws of the State of Pennsylvania

and have relation to property in this State be admitted to record

among the record of wills for this County~

Be it remembered that I Theophilus Harris of the City of Philadelphia

bring through the divine blessing of sound and with disposing mind

memory & understanding do make and ordain this my last will &

Testament in manner following that is to say. Item I will and

direct that all my just be paid: Item I give devise & bequeath unto

Samuel J Henderson of the City of Philadelphia, and John Walls

of Lower Dublin Township Philadelphia County and the survivor

of them and the executor of such survivor all that farm with the

building thereon erected situate in Lower Dublin Township aforesaid

bounded as follows. Beginning at a corner in the middle of

Herbert Thomas Mill Road near to the Gate leading to the property

late Joseph Denmond and curving along land late of James

Paul a westerly direction to the fence at or near where the river

enters my land thence along said fence in a southwardly direction to

the Pennypack Creek thence along said Creek to the road leading to

the Tilt Mill formerly Woods now Slaters thence along said road

in the several courses according to the meter & bounds mentioned &

described in Dr Samuel Jones deed to me, to Robert Thomas said

Road by the Pennypack Meeting House thence up said road to

the place of begining containing one hundred acres more or less

together with the Stock & farming utensils on said farm at the

present time. In trust to permit my son Theophilus Harris to

use and occupy said farm, seeing that my said son keep the same in

good repair, that he commit no waste and that he pay all taxes on

the same or in their discretion to rent the said farm with the ap-

-purtenances, And to pay and apply the net rents issues and profits

thereof to the maintainance support & benefit to my said son from

time to time for & during the term of the natural life of my said

son in such way and manner and that the same or any part
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 283)

Title

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238

thereof shall not become subject or liable to the payment of any

of his debts present or future, and so thus no creditor of my said son

shall ever be able to take seize or enjoy the same or any part thereof

and I direct that my said son shall not be permitted to commit

any waste or sell or dispose of any wood or timber on said premises

except with the consent of the said Samuel J Henderson and John

watts or their survivor~ And from and immediately after the

decease of my said son, there as for and concerning the said farm

so devised in trust aforesaid their interest to and for the only

purpose use and behalf of all and any the children of my said

son Theophilus born or to be born then shall or living at his death

and the issue of such as may be then dead their Heirs Executors.

Administrator and assigns forever in fee simple part and share

alike as tenants in common, so always however that such surviving

children of my said son shall take per capita and such issue shall

take together in equal parts the share that his heir or their parents

would have taken if then living. Item I give devise and bequeath

unto Samuel J Henderson all my Law Books, Public Papers and

Documents. Item all the rest residue & remainder of my estate

real personal & mixed, I give devise & bequeath unto my beloved

wife Sarah Harris for and during the term of her natural life

and I hereby authorise and empower my executrix herein after

mentioned to sell and dispose of any of the real estate or to rent

the same and make such improvements as she shall think necessary

or proper for the benefit of said property and to exercise such power

ownership & control over the said estate devised & bequeathed to her

as aforesaid, as I could do if living: It being my desire that she

shall have use and enjoy the same without any les hindrance

interferance or molestation on account of the same from any

person whatever, And in case of sale I hereby authorise empower &

direct my said executrix to make good & sufficient deals for the same

Item after the death of my beloved wife Sarah Harris I give devise

and bequeath unto Samuel J Henderson & John Watts the survivor

of them and the executor of such survivor all my estate that shall

there remain undisposed of in trust to pay and apply the whole of

the net rents issues and profits & income thereof in equal parts to my

daughters Sarah A Griffith, Mary Buisser, Martha Wilton &

Ann Wilstack from time to time for and during their natural

lives to and for the sole & separate use and benefit of my said

daughters respectively and in such way & manner as that the same

or any part thereof that shall not be in the power or disposal of

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239

the husband /or either of them/ of my said daughters respectively

nor subject or liable to the payment of any of their debts contracts

or engagements and that no creditor of the husband or husbands

of either or any of any said daughter shall ever be able to take seize

or enjoy the same or any part thereof and the receipts of my said

daughters respectively shall not withstanding any coverture be good

and valid discharges to my said Trustees for paying the same

And from & immediately after the decease of my said daughters then

in trust to and for the only proper use benefit & behoof of all and

every the children of my said daughters born or to be born that shall

be living at their deaths and the issue of such as may be then dead

their heirs executors, administrators and assigns forever in fee simple

part & share alike as tenants in common so always however that

such surviving children of my said daughters shall take per capita

and such issue shall take together in equal part the share that

his her or their parent would have taken if then living~ Item

It is my desire and I direct that no inventory or appraisement be

taken or filed of the property herein before bequeathed: Item I desire

that all my estates at a distance be brought to a close as soon as

practible. Item I hereby constitute and appoint my beloved wife

Sarah Harris Sole Executrix of this my last will & testament hereby

revoking all former wills by me made. Item I hereby give to

my said executrix and trustees all needful and necessary power

to be exercised according to their best judgements in the management

of the trust herein before created. Lastly In case any attempt

shall be made by any Legatee or any other persons interested in

this will directly or indirectly to defeat or invade the provisions of

the same then I hereby direct & order that all such persons or person

shall be cut off and deprived of any Legacy benefit or advantage of

any of the provisions of this my will and such Legacy or portion

of portion of the party or parties so attempting to defeat this my

will shall be vested in my executrix hereinbefor named and her

legal representatives to be disposed of for the benefit of the rest of

my heirs as herein before directed. In witness whereof I the said

Theophilus Harris have set my hand and seal this first day of

November in the year of our Lord one thousand eight hundred

and forty one (1841)

Theophilus Harris {seal}

Signed Sealed published and

declared by the said Theophilus Harris, Testator as and for his last

Will & Testament in the presence of us, who in his presence and at
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his request and in the presence of each other, have hereunto subscribed

our names as Witnesses Thomas Owens, John C Hutton~

City & County of Philadelphia Pa Registers Office December 4th 1841

Then personally appeared Thomas Owen & John C Hutton the subscribing

witnesses to the foregoing will & on their oath & affirmation did say they

were present and did see & hear Theophilus Harris deceased the Testator

therein named, sign seal published & declare the same as and for

his last will & testament & that at the doing thereof he was of sound

mind memory & understanding to the best of their knowledge & belief

Thomas Owen John C Hutton

Sworn affirmed & subscribed before me the date above~

I. B. Sewell Depy Regr

December 4th 1841 I affirm that as the Executrix of the foregoing Last

Will & Testament of Revd Theophilus Harris deceased I will will &

truly administer the goods & chattels, Rights & Credits of said deceased

agreeable to law & that I will comply with the provisions of the law re-

-lating to collatteral inheritance.

Sarah Harris~

Affirmed & subscribed before me the date above and Letters testamentary

granted unto her I B Sewell Dept Register


I hereby certify the foregoing writing to be a true copy of the original

Last Will & Testament of Theophilus Harris decd together with

the probate thereof as filed & recorded in the Registers Office for the City

and County of Philadelphia . Given under my hand & seal

of Office this 24th day of November AD 1842.

William Piersol Register~

Pennsylvania Phildelphia County SS

I, Edward King Esq. President of the First Judicial Circuit of Penn-

-sylvania, and presiding Judge of the Court of Common Pleas, Orphans

Court, & Court of General Quarter Sessions of the Peace for the County of

Philadelphia do certify that William Piersol by whom the annexed

record certificate & attestation were made & given & who in his own

proper hand writing hast hereunto subscribed his name & affixed his

official seal was at the time of so doing & now is Register of the Probate

of Wills & Granting Letters of Administration in & for the City & County

of Philadelphia in the Commonwealth of Pennsylvania duly

commissioned & qualified to all whose acts as such full faith & credit

are & ought to be given as well in Courts of Judicature as thereout

and that the said Record, Certificate & Attestation are in due form
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241

and made by the proper offices. In testimony whereof I have

hereunto set my hand the Twenty fourth day of November Eighteen

hundred & forty two. Edward King Prest Judge &c~

Philadelphia County SS. I Samuel Hart Esquire

Prothonotary of the Court of Common Pleas for the County of

Philadelphia do certify that the Honourable Edward King Esquire

by whom the foregoing Attestation is made, whose name is thereto

subscribed was at the time of making thereof & still is President of the

First Judicial District of Pennsylvania & Presiding Judge of the

Court of Common Pleas, Orphans Court & Court of General Quarters

Sessions of the Peace for the County of Philadelphia duly commissioned

and sworn to all whose acts as such full faith & credit are sought

to be given us will in Courts of Judicature as elsewhere

In testimony whereof I have hereunto set my hand

{seal} and affixed the seal of the said Court the Twenty fourth

day of November Eighteen hundred and forty two

S. Hart Prothonotary

Recorded the foregoing authenticated copy of will etc July 3d 1843

Attest W D Heim Clerk~



Will of Jacob Miller Dec'd


Pleas at a special Court held at the Court House in Del=

=aware on the 12th day of August AD 1843 before the Honorable Ahab

Jinks, Marshall L Griffin & William G. Norris Associate Judges

of the Court of Common Pleas in & for the County of Delaware and

State of Ohio.

This day the last will & testament of Jacob Miller dec'd was produced

in open Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded. And therefore

on motion of Daniel Rider one of the executors in said will named

(the other Executor refusing to act) It is ordered that letter testamentary

be granted unto the said Daniel Rider upon his entering into bonds in

the sum of $300.00 cents with Robert Ferguson & George W Stark as security

and it is further ordered that Daniel Prince, James Jones & Peter

Collins appraise the personal property of said estate.

I Jacob Miller of the Township of Kingston in the County

of Delaware & State of Ohio being weak in body but of sound mind &

memory blessed be God for the same considering the uncertainly of
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transitory life do make & ordain this my last will & testament in the

manner & form following (to wit) 1st I give & bequeath my soul to

God who gave it & my body to the dust of the Earth to be buried in a

decent manner. 2nd It is my will that my funeral expenses & all my

just debts be paid out of my personal property or other debts that be due

my estate. 3rd I give devise and bequeath all my personal property after

my debts is paid to my beloved wife Elizabeth & also the sole control of

the farm ^on which I now live consisting of one hundred acres for the purpose of

enabling her to raise & educate my four infant children (to wit) Elizabeth

John Sally & Solomon until the youngest shall arrive at the age of

twenty one years provided my said wife shall so long remain my widow

but in case she does marry it is my will after giving her dower that my

executor hereinafter appointed shall assume & take the control of my said

farm & rent the same to the best advantage & apply the proceeds or proffits

thereof to the equal benefit of my above named four children or the survivors

of them, 4th I give devise & bequeath to my son Jasper Miller by a

former marriage the sum of Four dollars in addition to what I have

given him to be paid on the final distribution of my property among my

minor heirs above named. 5th I give and bequeath to my two sons

(to wit) John & Solomon the farm on which I now live to be equally

divided between them when the youngest shall arrive at the age of twenty

one years reserving the right of Dower to my said Wife Elizabeth if she

shall then be living & further on condition that they shall pay the sum of

Four dollars to my son Jasper as herein above named, and also the sum of

one hundred & fifty dollars to each of my daughters (to wit) Elizabeth &

Sally herein before named within the space of two years from the time the

youngest becomes of age of twenty one years at which age my said sons

John & Solomon shall have possession of my said farm as aforesaid

6th I give & bequeath to my two daughters (to wit) Elizabeth & Sally the

sum of one hundred & fifty dollars each to be paid in the manner & form

herein above stated 7th And lastly I nominate ordain & appoint my brother=

=in-law John Toomy & my esteemed friend & neighbor Daniel Rider

sole executors to this my last will & testament hereby revoking & annulling

all former wills by me made & ratifying & confirming this & no other to be

my last will & testament

Jacob Miller

Signed published ordained by the above named Jacob Miller as &

for his last will & testament in presents of us who at his request have

signed as witnesses to the same

May 29th 1843. Robert Ferguson

Chauncy Rogers
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The State of Ohio Delaware County SS

Special Court of Common Pleas August 12th AD 1843

Personally appeared in open Court Robert Ferguson & Chauncy

Rogers who being duly sworn depose & say that the paper before them

purporting to be the last will & testament of Jacob Miller now deceased

was by the said Jacob Miller acknowledged published & declared to be

his last Will & Testament in the presence of these deponents that the said

deceased was of lawful age & that he was of sound disposing mind and

memory & under no restraint as they verily believe that they subscribed

the same as Witnesses in the presence & at the request of the Testator

and in the presence of each other.

Robert Ferguson

Chauncy Rogers

Sworn to & subscribed in open Court this 12th day of August AD 1843

WD Heim Clerk ~

Recorded the foregoing will &c August 15th AD 1843.

Attest WD Heim Clerk~

_____________________________________________________________________________


Will of Thomas Lewis deceased~

__________________________________

Pleas held at the Court House in Delaware on the 6th day of October

AD 1843 before the Honorable Joseph R Swan President & Ahab Jinks

Marshall L Griffin & William G Norris Esqr his Associates Judges

of the Court of Common Pleas in & for the County of Delaware and

in the State of Ohio~

This day the last will & testament of Thomas Lewis decd was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of Silas Ogden & Marcus Curtis the

executors in said will named It is ordered that letters testamentary

be granted them upon their entering into bonds in the sum of $200.00?

with John Shannon & Benjamin Carpenter as security. And it is

further ordered that Gilbert Vandom, Alvin P Condit and

Andrew Heron appraise the personal property of said estate~

I Thomas Lewis of Trenton Township Delaware County &

State of Ohio do make & ordain this last will & testament in

manner & form following (viz) First I ordain that all my just

debts & funeral expenses be paid. I further ordain that a monument

of the same kind of stone & figure & size similar to those placed at
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the graves of my friends be placed at my grave & the expenses

of said monument paid. I further ordain that all the remainder

of my property be appropriated to the promotion of the glory of that

God who gave me being, gave me property & gave his Son to redeem

us as following viz that one fourth be given to the Americas Board of

Commissioners for Foreign Missions, that one fourth be given to

the American Education Society for the education of poor & pious

young men for the Gospel Ministry, that one fourth be given

to the American Bible Society. And the remaining fourth be equally

divided between the American Tract Society & the American House

Missionary Society. And further I nominate constitute & appoint

Silas Ogden & Marcus Curtis Executors of this my last will and

testament Thomas Lewis~

Signed & acknowledged in presence of us this thirtieth day of August

AD 1843. Silas Ogden John Shannon, Ira Pierson.

State of Ohio Delaware County SS Court of Common Pleas

October Term AD 1843. Silas Ogden, John Shannon and

Ira Pierson. In open Court being duly sworn upon their oaths

say that the paper now here produced in open Court purporting to be

the last will & testament of Thomas Lewis of said County & State of

Ohio bearing date the 30th day of August AD 1843 was signed and

executed by the said Thomas Lewis on the day it bears date, at his

residence in said County, and that he then & there in our presence, seeing

and hearing published the same as his last will & testament, and

that these Witnesses then & there at his request & in his presence and

in the presence of each other signed their names to the ^same severally as

witnesses thereto That the ~~ Thomas Lewis was then about the age.

of twenty eight years of sound mind & memory and acting under

no restraint And further say not.

Silas Ogden, Ira Pierson, John Shannon.

Subscribed & sworn to in open Court October Term 1843

WD Heim Clerk~

Recorded the foregoing will on October 18th 1843.

Attest WD Heim Clerk~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 290)

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Will of Thomas Butler decd
__________________________

Pleas held at the court House in Delaware on the 6th day of

October AD 1843 before the Honorable Joseph R Swan President

and Ahab Jinks, Marshall L Griffin & William G Norris Esq. his

Associates Judges of the Court of Common Pleas in & for said County

of Delaware in the State of Ohio~

This day the last Will & testament of Thomas Butler deceased

was produced in open Court & proved by the testamony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of Experience Butler & James M Butler

the Executors in said will named~ It is ordered that letters testamen-

-tary be granted them upon their entering into bonds in the sum of

$1600.00? with Henry Vandeman & Sidney Moon as security

And it is further ordered that Emery Moon, Benjamin Powers

and Hosea Williams appraise the personal property of said estate~

Know all now that I Thomas Butler of the County of

Delaware & State of Ohio being of sound disposing mind & memory

do make & publish this my last will & testament, revoking all former

wills by me made. 1st I will that all my just and lawful

debts should be paid. 2 I will that my beloved wife Experience

shall receive a competent worldly support during her lifetime

from the proceeds of my property. 3d As J D Butler my son is

now well provided for & as he wishes no part of my estate & has so ex-

-pressed himself to me I therefore in my will appropriate no part of

my property for his benefit 4th I will that James M. ET & HC

my sons & Mary M my daughter shall receive each an equal pro-

-portion of my estate, understanding in the mean time that whatever

either may already have received shall be by them accounted for as a

part of their inheritance 5th I appoint my wife Experience and my

son James M. my Executors & Administrators, Signed and

sealed as my last will & testament this 10th day of July 1843

In presence of T. Butler {seal}

H VanDeman

Charles H Picket

The State of Ohio Delaware County SS Court of Common

Pleas Octr Term 1843. Personally appeared in open Court

Henry VanDeman & Charles H Picket who being duly sworn

depose & say that the paper before them purporting to be the last Will &
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Testament of Thomas Butler now deceased was by the said

Thomas Butler acknowledged published & declared to be his last

will & testament, in the presence of these deponents, that the said

deceased was of lawful age that he was of sound & disposing mind

and memory & under no restraint as they verily believe, that they

subscribed the same as witnesses in the presence & and at the request of

the Testator. Charles H Picket

Henry Van Deman

Sworn to & subscribed in open Court this sixth day of October AD 1843

WD Heim Clerk~

Recorded the foreging Will on Oc t 18th 1843

Attest WD Heim Clerk~

______________________________________________________________________________


Will of Lorenzo Case decd
_________________________


Pleas held at the Court House in Delaware on the 11th day of October

AD 1843 before the Honorable Joseph R Swan President and Ahab

Jinks Marshall L Griffin & William G Norris Esqrs his Associates Judges

of the Court of Common Pleas in & for the County of Delaware in

the State of Ohio.

This day the last will & testament of Lorenzo Case decd was produced

in open Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded. And thereupon

on motion of Milton S Case the Executor in said will named

It is ordered that letters testamentary be granted him upon his

entering into bonds in the sum of $400.00 cents with Orsamus Gillet &

Herald Gillet as security. And it is further ordered that William

Glaze, Aurora J Olmsted & John Wallace appraise the personal

property of said estate. And thereupon Ann J Case widow

of said Lorenzo Case decd made known to the Court her election

to take under the will of said deceased.

I Lorenzo Case of the County of Delaware in the State of Ohio

do make & publish this my last will & testament in manner & form

following that is to say first it is my will that any funeral

expences & my just debts be fully paid, and I do will that twelve

dollars be paid for grave stones to be placed at my grave, and six

dollars for grave stones for my deceased son James Farris Case, also

eight dollars for pailing in said graves. Second I give devise and
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bequeath to my beloved wife Ann Jane Case the farm on which we

now reside situate in Marlborough Township in said County, con-

-taining fifty acres of land to her & her heirs forever if she shall be living

at the time of my decease. Third I give & devise of my personal effects

to my wife as follows to be hers to dispose of as she pleases, to wit, one

cow four sheep, one bed & bedding, one barrow, one table, one stand

one set of Windsor chairs, one looking glass, all the cupboard and

kitchen ware that may be on hand at my decease and also all the

provisions that may be on hand at my decease. Fourth the residue

of my personal effects if there should be any after complying with

above request or bequeath I wish to be equally devided between my

three brothers to wit Milton S Case, Lucius Case, & Alonzo Harper

Case. And lastly I hereby constitute & appoint my brother Milton

S Case to be the executor of this my last will & testament authorizing

him if it shall become necessary in order to pay any debts to sell by

private sale or in such manner or upon such terms of credit or

otherwise as he may think proper all or any part of my personal

property that may be on hand at my decease (and that is not left

to my wife as above. I now hereby revoke all former wills by me

made In testimony whereof I have hereunto set my hand & seal this

first day of May in the year of our Lord one thousand eight hundred

and forty three Lorenzo Case {seal}

Signed sealed & acknowledged by said Lorenzo Case as his last will

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

Nicholas Jones, Herold Gillet~

Court of Common Pleas October Term 1843.

Personally appeared in open Court Nicholas Jones & Herrold

Gillet the subscribing witnesses to the last will & testament of Lorenzo

Case also being duly sworn on their several oaths say that the will

here produced ^signed by said Lorenzo Case and dated the 1st day of May

1843 is the last will & testament of said Case as they verily

believe, that they were called upon by said Testator to sign the

same as witnesses, that they did so sign, that said testator was

at the time of sound disposing mind & memory of lawful age &

not under any restraint that the said testator signed said will

in the presence & died on or about the 7th day of August 1843

not having made any other will to the knowledge of these

deponents Nicholas Jones

Harold Gillet

Sworn to & subscribed in open Court October 11 1843

WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 293)

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248

Recorded the foregoing Will &c Oct 18th 1843

Attest WD Heim Clerk~

======================================================================

Will of Samuel Adams decd

_________________________

Pleas held at the Court House in Delaware on the 12th day of October

AD 1843 before the Honorable Joseph R Swann President, Ahab

Jinks, Marshall L. Griffin & William G Norris Esqr his Associates

Judges of the Court of Common Pleas in afor the County of Delaware

in the State of Ohio

This day the last will & testament of Samuel Adams deceased

was produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of Bartholemew Adams & William Rider

the executors in said will manner it is ordered that letters testementery

be granted them upon this entering into bonds in the sum of

$5000.00? with Daniel Nettleton Jr & Jasper Dickerman as

security. And it is further ordered that David Gregory, John

Nelson & Miner W. Miller appraise the personal property of said

estate.

I Samuel Adams of the Township of Berlin in Delaware County

do make & publish this my last will & testament in manner open

following that is to say - first It is my will that my funeral expenses

and all my just debts be fully paid in the manner hereinafter

mentioned. Second I give devise & bequeath to my wife Martha

Adams over & above her dower all the live stock cattle & sheep by me

now owned also all the household furniture except one maple french

bedstead, bed & bedding belonging to the same to wit by her paying

forty five dollars that I own Peter Listy & paying all my funeral

expenses. Third I give & devise to my daughters Tamar Garringer

Vasti Travis, Electa Welch & Esther Rider the following notes towit:

thru notes of hand that I own & hold against my eldest son Samuel

N Adams for five hundred dollars each secured by mortgage & also

one note of hand that I hold against my eldest Son S.N. Adams

of ninety dollars & two judgments that I hold against him on

Esqr Steinbucks docket one of $55.00? (dollars) other other of forty

five dollars and I also give to my four daughters above named

a note of hand against Thomas [page torn] for three hundred
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249


and fifty dollars, and also one note that I hold against W Walker for

fifty five dollars. N.B. the above described notes & judgments are

given to my four daughters above named on the following conditions

to wit, that they shall pay all of my just debts except forty five

dollars that I owe Peter Listy & my funeral expenses that my wife

Martha Adams is to pay, fourth I give & devise to my son Nathaniel

Adams & my daughter Sary More & my daughter Catherine Adams

an equal proportion of the farm on which I now reside situate in

Berlin Township Delaware County & State of Ohio containing

about ninety five acres it being subject to the Widows Dower to them

the said Nathaniel Adams. Sary More & Catherine Adams, their

heirs & assigns in fee simple, fifth I give & devise to my daughter

Catherine Adams our french maple bedstead bed & bedding belong-

-ing to the same, for her own use & benefit, lastly I hereby constitute

and appoint my brother Bartholomew Adams & my son in law

William Rider to be the administrators of this my last will and

testament. In witness whereof I have hereunto set my hand & seal

this fourteenth day of April AD 1843 -

Samuel Adams {seal}

Signed published & declared by the above named Samuel Adams

as & for his last will & testament in presence of us, who at his request

have signed as witnesses to the same.

Philip Dirst Harry James.

Court of Common Pleas October Term 1843.

Personally appeared in open Court Philip Dirst & Harry

James the subscribing witnesses to the last will & testament of

Samuel Adams now produced dated April 14th 1843 who being

duly sworn on their oaths say that they were called upon by the

testator to sign said will as witnesses, that they saw said testator

sign the same that he was of lawful age of sound & disposing

mind & memory at the time, and not under any restraint

and that said testator died on or about the 8th of October 1843.

Harry James

Philip Dirst

Sworn to & subscribed in open Court October 12th 1843

WD Heim Clerk

Recorded the foregoing will &c Oct 19th 1843

Attest W D Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 295)

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250

Will of John Worline decd

=========================


Pleas held at the Court House in Delaware on the 16th day

of October AD 1843 before the Honorable Joseph R. Swan President

and Ahab Jinks, Marshall L. Griffin & William G. Norris Esqr his

Associate Judges of the Court of Common Pleas in ofor the County of

Delaware in the State of Ohio.

This day the last will & testament of John Worline deceased was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of Christina Black & Henry Worline Senr

the Executors in said Will named it is ordered that letters testamentary

be granted them upon their entering into bonds in the sum of $1200.00

with Robert Brown & Jonathan Coomes as security. And it is

further ordered that William Sharp, Stanton S Winsor and Hugh

Cole appraise the personal property of said estate.

I John Worline of Marlborough Township in the County of Delaware

Ohio do declare & publish this as my last will & testament as follows to wit

lst It is my will & devise that after my death & burial that all my just

and legal debts be paid by my Executors hereinafter mentioned as the

law directs. 2nd I will & bequeath all the residue of my personal

property after paying my funeral expenses & other debts as aforesaid

to my wife Elizabeth & my two daughters Mary & Katherine who are

now residing with me to be equally divided between the three, my wife

and two daughters as aforesaid 3rd I will & devise unto James

Porter a boy who I have brought up from a child, forty acres of land

to be taken off the north end of the farm on which I now reside on

the east side of the East fork of the Whetstone River at the junction of the

fork of the said river in said Township of Marlborough, purchased

of Robert Campbell, to be set off by a line running east & west off

the said North end of the said farm on such parts thereof as may

remain unsold at the time of death upon condition that the said

James shall continue to live & reside with me so long as I shall live

obeying & assisting me as a son then & in that case the said James

shall have & hold the said forty acres to him, the heirs of his body

and their heirs forever & not otherwise. 4th I give & devise that

my wife dower be set off by my executors equal in value to one third

of the whole farm off the North end of said farm so as to include
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 296)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 296)

Description

[page 296]

[corresponds to labeled page 251 of Will Records Vol. 2 1835-1850]


251

the dwelling house & other buildings, to have & to hold the same so long

as she shall remain my widow. 5th I will & devise all the residue of

my farm not included in aforesaid forty acres to James my wife's

dower to my two daughters aforesaid Mary & Catherine & to their sur=

=vivor of them to have & hold the same to them my said daughters

and the survivor of them & to the heirs of her or their body or bodies

6th I will & devise the revision of my wifes dower or such part of my

farm as shall or may be set off for her dower to the said James

Porter and to my two daughters Mary & Catherine to be equally

divided between them the said James Mary & Catherine at the death

or marriage of my said wife to hold the same to them & their heirs

forever. 7th I will & devise to each of my Brothers & Sisters to wit:

Abram, Solomon, Michael, Jacob, Adam, Katherine, Mary

and Susanna to each one dollar 8th and lastly is my will

and desire that Christain Black & Henry Cline Senr shall be

the executors of this my last will & testament, Done & published

this 19th day of August AD 1837.

John Worline -

Signed & published as the last will & testament of the said John

Worline and at his request in his presence we have hereunto

set our hands as witnesses

James Brundige

Henry Hain

The State of Ohio Delaware County Ss.

Court of Common Pleas October Tenn 1843.

Personally appeared in open Court James Brundige and

Henry Hain who being duly sworn depose & say that the paper before

befo
re them purporting to be the last will & testament of John Worline

now deceased was by the said John Worline acknowledged published

and declared to be his last will & testament in the presence of these

deponents that the said deceased was of lawful age, that he was of

sound disposing mind & memory & under no restraint as they verily

believe, that they subscribed the same as witnesses in the presence and

at the request of the Testator in the presence of each other.

James Brundige

Henry Hain
October AD 1843


Sworn to & subscribed in open Court this 16th day of October AD 1843

Recorded the foregoing will Oct 19th 1843

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 297)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 297)

Description

[page 297]

[corresponds to labeled page 252 of Will Records Vol. 2 1835-1850


252

Will of Charles Waters decd

________________

Pleas at a special Court held at the Court House in Delaware

on the 25th day of December AD 1843, before the Honorable Ahab Jinks

Marshall L Griffin & William G Norris Associate Judges of the Court

of Common Pleas in & for the County of Delaware and State of Ohio

This day the last will & tetstament of Charles Waters decd was

produced in open Court & proved by the testimony of two of the

subscribing witnesses thereto as reduced to writing approved & ordered to

be recorded and thereupon on motion of Guy Sacket the Executor

in said will named It is ordered that letters testamentary be granted

him upon his entering into bonds in the sum of $600.00? with

William Cummingham & Harry Janes as security And it is

further ordered that Alfred Thompson Milton H. Sackett and

Orrin Barcas appraise the personal property of said estate.

In the name of the Benevolent Father of All. I make this my last

will & testament Firstly, I resine my soul & body into the hand of

God my savior. 2nd I give & bequeath to each of my children equal &

undivided rights to all my property real & personal after paying funeral

and all other lawful claims on my estate 3rd I appoint my trusty

friend Guy Sacket my executor to settle my estate according to law

Signed & sealed this 24th day of July AD 1842.

Charles Waters {seal}

In presence of

Satchel Clark {seal}

Moses Clark {seal}

Jonathan Clark {seal}

The State of Ohio Delaware County Ss

Court of Common Pleas at a special Term 1843.

Personally appeared in open Court Moses Clark & Jonathan Clark

who being duly sworn depose & say that other papers before them purport=

ing to be the last will & testament of Charles Waters now deceased was by

the said Charles Waters acknowledged published & declared to be his last

Will & testament in the presence of these deponents, that the said deceased

was of lawful age, that he was of sound disposing mind & memory

& under no restraint as they verily believe, that they subscribed the same

as witnesses in the presence & at the request of the Testator & in the presence

of each other Moses Clark

Jonathan Clark
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 298)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 298)

Description

[page 298]

[corresponds to labeled page 253 of Will Records Vol. 2 1835-1850]


253

Sworn to & subscribed in open Court this 25th day of December AD 1843.

Ahab Jinks Associate Judge


Recorded the foregoing will & c December 26 1843.

Attest WD Heim Clerk

==============================================================================


Will of Major Evans decd
________________________

Pleas at a Special Court held at the Court House in Delaware on

the 31st day of January AD 1844 before the Honorable Ahab Jinks

Marshall L Griffin & William G Norris Esqr Associate Judges of

the Court of Common Pleas in and for the County of Delaware &

State of Ohio.

This day the last will & testament of Major Evans decd was

produced in open Court & the testimony of George Evans one of the

subscribing witnesses thereto being reduced to writing & filed & it appear=

=ing that the other subscribing witness on account of sickness is unable

to be present. On motion ordered that a commission with the Will

annexed issue to William Voorhies Esqr to take the deposition of

William Stone the other subscribing witness to said will & this matter

is continued for the return of said deposition

And afterwards to wit at another special Court held at the

Court House in Delaware on the 29th day of February AD 1844

before the said Associate Judges the following proceedings were heard

and entered in regard to said Will to wit:

This day William Voorhies the Commissioner heretofore appointed

to take the deposition of William Stone touching the last will and

testament of Major Evans decd made report of his proceedings with

the proof by him taken. And the Court upon examination of the

matter, considered said Will duly proved & ordered the same to be

recorded. And thereupon on motion of Wheeler Whitney & Daniel

Chase the Executors in said Will named it is ordered that letters

testamentary be granted them upon their entering into bonds in the

sum of $1200.00? with Orrin T. Hopkins & Benjamin T Vail as security

And it is further ordered that Enos Wilson, Henry Thompson and

Amos Crane appraised the personal property of said estate.

Know all me by these presents that Major Evans of the Town=

ship of Bennington Delaware County & State of Ohio do on this 21st
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 299)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 299)

Description

[page 299]

[corresponds to page 254 of Will Records Vol. 2 1835-1850]


254

of December eighteen hundred & forty three make this my last will &

testament to stand in force & be a rule & guide for the dividing of

my property among my children after my decease. In the first

place I appoint Wheeler Whitney & Daniel Chase to be my Executors

and that they shall have full power the same as myself to manage all

my business to divide lands, set bounds, give deeds, collect debts and

pay all demands on the estate. In the second place I will that my

personal property & enough of my real estate be sold to pay my debts &

other expenses that may accrue. Thirdly I will that my two daughters

Sylvia & Lavina Evans have each of them one bed & bedding for the same

and fifty dollars each when the youngest boy becomes twenty one years of

age to be paid by the boys & the balance of the land to be equally divided

between my two boys Charles & Ira Evans when they become twenty one

years of age. I appoint & constitute my Executor Wheeler Whitney

and Daniel Chase guardians for my children. I acknowledge

this to be my last will & testament revoking & annulling all former wills

by me made & ratifying & confirming this & no other to be my last will &

testament in testimony whereof I have hereunto set my hand & seal this

day & year first above written

M. Evans {seal}

Signed published & declared by the above named Major Evans as & for his

last will & testament in presence of us who at his request have signed

as witnesses to the same William Stone

George Evans

The State of Ohio Delaware County Ss.

Court of Common Pleas Special Tenn 1844 January 31st

Personally appeared in open Court George Evans who being duly sworn

deposes & says that the paper before him purporting to be the last Will &

Testament of Major Evans now deceased was by the said Major Evans

acknowledged published & declared to be his last Will & testament, in

the presence of this deponent & William Stone that the said deceased was of

lawful age, that he was of sound disposing mind & memory & under no

restraint as he verily believe that they subscribed the same as witnesses

in the presence & at the request of the testator & in the presence of each other

George Evans

Sworn to & subscribed in open Court this 31st day of Jan AD 1844

W D Heim Clerk

The State of Ohio Delaware County Ss

Personally came before me William Voorhies Special Commissioner

appointed by the Court of Common Pleas for the County of Delaware
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 300)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 300)

Description

[page 300]

[corresponds to labeled page 255 of Will Records Vol. 2 1835-1850]


255

Ohio to take the depositon of William Stone regarding the execution of

the last Will & Testament of Major Evans decd & being duly sworn

deposes & says that the paper before him & hereto attached purporting to

be the last Will & testament of said Major Evans now deceased, was by

the said Major Evans acknowledge publsihed & declared to be his last will

and testament in the presence of this deponent & George Evans, that the

said deceased was of lawful age, that he was of sound & disposing

mind & memory & under no restraint as he verily believes that they sub=

=scribed the same in his presence & at his request & in the presence of each other

William Stone

Sworn to & subscribed before me this 2nd day of February 1844

Willaim Voorhies Commissioner

Recorded the foregoing Will on March 1st 1844

Attest WD Heim Clerk

==================================================================================

Will of Hiram J. L Brown decd.
______________________________


Pleas at a special Court held at the Court House in Delaware on

the 29th day of February AD 1844 before the Honorable Ahab Jinks Mar=

=shall L Griffin & William G Norris Esqr Associate Judges of the Court of

Common Pleas in and for the County of Delaware & State of Ohio.

This day the last Will & Testament of Hiram J L Brown decd was

produced in open Court & proved by the testimony of the subscribing witnesses

thereto as reduced to writing approved & ordered to be recorded & thereupon on

motion of Robert O Brown, the Executor in said Will named it is

ordered that letters testamentary be granted him upon his entering with

bonds in the sum of $2000.00? with Alexander Kilbourne & Hugh Lee

as security. And it is further ordered that Albert Dean, William

Davis and David McCullough appraise the personal property of said

estate.

Be it known that I Hiram J L Brown of the town & County of

Delaware State of Ohio being now confined to a bed of sickness in and of the

uncertainty of life & the certainty of death do hereby make & publish my last

will & testament in manner following First it is my will & desire that

all my just debts be settled & fully paid as soon after my decease as the

situation of my affairs will permit & for the purpose of enabling my Executor

herein after appointed to carry out this desire I give & bequeath to him in
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 301)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 301)

Description

[page 301]

[corresponds to labeled page 256 of Will Records Vol. 2 1835-1850]


256

trust for that purpose to be disposed of either at private or public sale

as he may deem proper all and singular my personal estate, the rents

and profits arising from my will (with power to lease &c & all debts

dues & demands of any name & nature with the exception of one cow

my household goods, furniture library in which I deem to be fit &

necessary for the use of my family as I shall hereinafter direct. In

addition to the personal estate not above excepted if my executor should

find it necessary I desire him to sell a piece of land in Marion County

of about forty acres and such part or portion off from my Out Lot in

North Delaware as will sell for In-lots, as may be agreed upon with

the guardian of my children hereinafter appointed. And for the

purpose of enabling my executor to act powerfully & without embarassment

he is hereby invested with full power to sell & convey the same in fee simple

to a purchaser or purchasers, and any surplus arising from such

sale or sales to be paid over to the guardian aforesaid. It is further my

will & desire that my said Executor shall from time to time & at all times

make such provision out of the assetts above as will meet the wants &

current expenses of my famiily - Second I hereby constitute &

appoint my beloved wife Rosanna P Brown the sole Guardian of all

our children until they shall arrive at the age of majority. And for

the purpose of enabling her to bring up educate & support them in the

manner known by her to comport with my wishes while living, modified

by any changes that may from time to time occur using her own judgment

and consulting with such persons as are known to be my friends: I give

and bequeath unto her my real & personal estate (after the payment of

my debts) in trust for the purposes aforesaid, subject to the instructions &

limitations hereinafter named, including the household goods furniture

library &c. It is my belief that the amount that will arise from the rents

of my will & the sale of personal estate not excepted & that the collection

of debts due me will be sufficient to enable my executor to appropriate a

sufficient amount for the support of my family & to pay up all demands

against me within a reasonable time, entertaining that opinion I cannot

conceive of a contingency that would require the sale of any further real

estate than that heretofore provided for, nevertheless if such a contingency

should arise I hereby confer the power to sell such further real estate as

may be necessary to meet such contingency upon my said wife acting

with the advice & consent of my executor & my friend Charles Sweetser &

any sale so made shall vest a title in fee simple in the purchaser upon

the execution of the proper conveyance to be made by my said wife

Provided always that the aforesaid Guardianship & trust is confirmed

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 302)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 302)

Description

[page 302]

[corresponds to labeled page 257 of Will Records Vol. 2 1835-1850]


257

upon my said wife during the time she shall remain my widow & in case

of her death or marriage then & in that case the same to cease & be determined

and on the happening of either of said events then it is my will & desire

that the guardianship of my children together with the certain trust

above confided to my wife to be conferred upon my brother Robert O Brown

with full & ample power to act in manner & form as above prescribed for

my wife with this further proviso, that if my said wife should marry

unfortunately & ever come to want I direct that she should be restored to

what would be tantamount to her dower at common law in rents and

profits arising from my real estate, which amount shall be paid to her

upon proof of the happening of such contingency by my exectuor if

before a final division among my children as hereinafter provided for

or if afterwards shall be paid by my children notably & changed upon

the estate which they receive in final partition. Further when my children

all arrive at the age of majority it is my desire that a partition then

be made of all the real estate, giving to each then living or to their

heirs & legal representatives an equal proportions or value to my wife

if she shall then be my widow the house-hold goods furniture &c with

an equal third part of the real estate as her own absolute property to

use & dispose of as she may see proper limiting any undisposed of prop=

=erty the same as stated in the proviso for her marriage. And for the pur=

=pose of making the aforesaid partition I desire my Executor to name

one man, my said wife another & said two so chosen shall name the

third who shall be authorized to make partition of my real estate if

the same can be partitioned without injury if not they may appraise

the same & the respective shares of each & give the others an opportunity

to purchase or arrange & settle the matter amicable if they can if

they cannot it is my will that my said Guardian for my children

sell the same at private or public sale & distribute the proceeds in conformity

with the above bequest provided such property will bring a fair price if

not postpone a sale until a fair price can be obtained, in case of the

decease of my executor & guardian before said division then I desire

the same to be made under the order of the proper Court in conformity

with law. Third I hereby constitute my beloved brother Robert

O Brown my sole executor of this my last will & testament & invest him

with all the powers heretofore prescribed & in case of his death before full

execution of the trust in him confided I constitute & appoint my friend

Charles Sweetser who shall be authorized to act in full & ample manner

for the purposes aforesaid as my said brother would have been authorized

if he had then been living. And in conclusion I hereby enjoin upon
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 303)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 303)

Description

[page 303]

[corresponds to labeled page 258 of Will Records Vol. 2 1835-1850]


258

my children a faithful adherence & acquiescence in all the provisions

of this my last act which is designed to promote the eventual happiness

of all after my decease warning them that an adherence to the precepts

and examples that I have given them while living & a conformity to

the directions & wishes of these, that I leave to watch over & guard their

interests after I shall have left them will in all human probability

tend to provide their welfare & happiness

In testimony whereof I have hereunto set my hand & seal & called upon

my friends Joseph Storm & Sidney Moore to subscribe the same as

witnesses thereto this 25th day of January AD 1844

H. J. L. Brown {Seal}

Signed, sealed, acknowledged, published & declared in our presence And

we have subscribed the same as Witnesses at the request of the testator this

25th day of Jany AD 1844 - Sidney Moore

Joseph Storm -

The State of Ohio Delaware County Ss Personally appeared in

open Court Sidney Moore & Joseph Storm of lawful age who being duly

sworn to true answers make touching the last will & testament of Hiram J L Brown

now produced upon their oaths say that on the 25th day of January 1844 the

date of said will they were present & saw said Hiram J L Brown sign and

and acknowledge said will & that said testator was at the time of the

execution thereof of sound disposing mind & memory of lawful age &

not under any restraint that he signed sealed & acknowledged the same

that he called upon us to sign the same as witnesses thereto in his presence

which he did according to his wishes, And that said testator died on the

3rd day of Feby thereafter without revoking or annulling the said will to

our knowledge Sidney Moore

Joseph Storm

Sworn to & subscribed in open Court this 29th day of Feby AD 1844

W D Heim Clerk

Recorded the foregoing Will on March 1 1844

Attest W D Heim Clerk

================================================================================


Will of James Roberts Sr dec'd


Pleas held at the Court House in Delaware on the 2nd day of April AD 1844

before the Honorable Joseph N Swan President & Ahab Jinks, Marshall L
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 304)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 304)

Description

[page 304]

[corresponds to labeled page 259 of Will Records Vol. 2 1835-1850]


259

Griffin & William G. Morris Esqr & his Associates, Judges of the Court of Com=

=mon Pleas in & for the County of Delaware in the State of Ohio

This day the last will & testament of James Roberts deceased was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

And thereupon on motion of James Roberts Jr & Caleb Roberts the Executors

in said will named it is ordered that letters testamentary be granted them

upon their entering into bonds in the sum of $300.00? with Levi

Meredith a Hezekiah Roberts as security And it is further ordered

that Charles Carpenter, Charles Armstrong & Charles Woodruff

appraise the personal property of said Estate

I James Roberts Seignior of the County of Delaware in the State

of Ohio do make & publish this my last will & testament in manner & form

following that is to say 1st It is my will that my funeral expenses and

all my just debts be fully paid 2nd I give & bequeath to my beloved wife

Jemima Roberts the use of all my property personal & real after my just

debts are paid for her maintenance only during her natural life ^3rd at the

death of my wife then all my property personal & real that is remaining to be

equally divided between my children to wit James Roberts Jr. Charles

Roberts, Caleb Roberts, Dennis Roberts & Nancy Roberts & Amanda

Roberts & to their heirs & assigns forever 4th that within one year from my

death I will that Asenath, Hezekiah & Emma my heirs each of them

a fund back to my Executors one hundred dollars each for the use of the

rest of my heirs & then to share equally with the rest of my heirs 5th

I give one hundred dollars to the regular Baptist Meeting House in

Sunbury Delaware County Ohio to be expanded by the building com=

=mitte in finishing same meeting house 6th I give ten dollars to Elizabeth

Meeker half sister to my wife if she out lives me Lastly I hereby

constitute & appoint my two sons Caleb & James Roberts to be the Executors

for this my last will & testament revoking & annulling all former wills by

me made & ratifying & confirming this to be my last will & testament

In testimony whereof I have hereunto set my hand & seal this twenty

fifth day of March in the year of our Lord one thousand eight hundred

& forty four James Roberts {Seal}

Signed published & declared by the above named James Roberts Sr. as and

for his last will & testament in the presence of us who at his request have

signed as witnesses to the same Levi Meredith

John A. Miller

The State of Ohio Delaware County Ss. Court of Common Pleas

April Term 1844 Personally appeared in open Court Levi Meredith
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 305)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 305)

Description

[page 305]

[corresponds to labeled page 260 of Will Records Vol. 2 1835-185

260

and John A. Miller who being duly sworn depose & say that the paper

before them purporting to be the last Will & Testament of James Roberts Sr.

now deceased was by the said James Roberts Sr dec & acknowledged published &

declared to be his last will & testament in the presence of these deponents & that

the said deceased was of lawful age that he was of sound disposing mind

and memory & under no restraint as they verily believe, that they suscribed

the same as witnesses in the presence and at the request of the testator & in the

presence of each other. L Meredith

John A. Miller

Sworn to & subscribed in open Court this 2nd day of April AD 1844

W D Heim Clerk

Recorded the foregoing Will &c April 15th 1844 -

Attest W D Heim Clerk -

___________________________________________________________________________

Will of John Yager decd

___________________________________________________________________________

Pleas held at the Court House in Delaware on the 4th day of April

AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks, Marshall

L Griffin & William G Moris Esqr his Associate Judges of the Court of

Common Pleas in & for the County of Delaware in the State of Ohio

This day the last Will & Testament of John Yager decd was produced

in open Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded. And therefore

on motion of Eva Marget Yager & David Shuster the Executors in said

will named it is ordered that letters testamentary be granted them upon

their entering into bonds in the sum of $500.00? with Gotlieb Albright &

Frederick Kurtz as security. And it is further ordered that William

Bell, John J. Reicharts & Jacob Seigfried appraise the personal property

of said estate.

This indenture witnesseth that I John Yager of the County of Delaware

in the State of Ohio being sane & in my right mind do make & publish this my

last will & testament in a manner & form following that is to say First

It is my will that my funeral expenses & all my just debts be fully paid

Second I give & devise & bequeath to my beloved wife Eva Marget Yager

in lieu of her dower the plantation on which we now reside situate

lying & being in Brown Township County & State aforesaid continuing
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 306)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 306)

Description

[page 306]

[corresponds to labeled page 261 of Will Records Vol. 2 1835-1850]


261

about one hundred acres (100a) during her natural lifetime. And all

the live stock horses cattle sheep hogs &c now owned by me & kept on my

farm. Also all the grain hay & farming utensils beds bedding & household

furniture of every description during her natural lifetime as aforesaid. Third

After which it is my will that my whole estate both real & personal be equally

divided among my six (6) children namely 1st Christiann 2nd Christena

Marget, 3rd Eva Catherine, 4th Sebela 5 Jacobina Frederica my beloved

daughters & John David my beloved son to be divided between them to the best

advantage. And lastly I hereby constitute & appoint my said wife Eva

Marget Yager & my son in law David Shuster to be the executors of my

last will & testament & ratifying & confirming this to be my last will &

testament & no other. In testimony whereof I have hereunto set my hand

and seal this second day of October one thousand eight hundred & forty

three (1843) signed & declared by me

John Yager {Seal}

William Bell, Frederick Kurtz -

The State of Ohio Delaware County Ss. Court of Common

Pleas April Term 1844. Personally appeared in open Court William

Bell & Frederick Kurtz who being duly sworn depose & say that the paper

before them purporting to be the last will & testament of John Yager now

deceased was by the said John Yager acknowledge published & declared

to be his last Will & Testament in the presence of these deponents, that the

said deceased was of lawful age, that he was of sound disposing mind &

memory & under no restraint as they verily believe that they subscribed the same

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

other William Bell

Frederick Kurtz

Sworn to & subscribed in open Court this 2nd day of April AD 1844

W D Heim Clerk

Recorded the foregoing Will &c April 15th 1844

Attest W D Heim Clerk

==============================================================================

Will of Peter Darst decd

==============================================================================

Pleas held at the Court House in Delaware on the 12th day of April

AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks

Marshall L Griffin & William G. Morris Esqr his Associates Judges of
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 307)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 307)

Description

[page 307]

[corresponds to labeled page 262 of Will Records Vol. 2 1835-1850]


262

the Court of Common Pleas in & for the County of Delaware in the State

of Ohio

This day the last will & Testament of Peter Darst decd was produced

in open Court & the testimony of James Davenport one of the subscribing

witnesses to said will being reduced to writing & filed & proof being adduced

to the satisfaction of the Court as to the hand writing of William P Eagan

the other subscribing witness to said Will who has since gone to parts un=

=known & the Court therefore consider said Will duly proved & order the

same to be recorded And therefore on motion Peter Darst & Samuel

Darst the Executors in said Will named It is ordered that letters

testamentary be granted them upon their entering into bonds in the

sum of $300.00? with Samuel Wise & Isaac Darst as security

And it is further ordered that John Cunningham, Samuel Downing

and Henry Willey appraise the personal property of said estate-

I Peter Darst of the County of Delaware in the State of Ohio do make

and publish this my last Will & Testament in manner & form following

that is to say First it is my will that my funeral expenses & all my just

debts be fully paid. Second I give & bequeath to my daughter Elizabeth the

farm on which I now live being the North half of the West half of the South

West quarter of Section twenty four in Township Six of Range Nineteen of

the unappropriated land in the District offered for sale at Chilicothe Ohio

containing forty acres during her natural life and if she should die

leaving no heirs then it is my will that the above land shall be sold & the

price thereof equally divided between a part of my other children that is

between my son William Darst, my son David Darst, my son John

Darst, my son Peter Darst also his son Samuel Darst my son Henry

Darst & my son Isaac Darst, also my daughter Susan & my Daughter

Polly to them & to their heirs forever. Thirdly I give & devise to my daughter

Elizabeth two cows two beds & bedding one bureau, one corner cupboard

two sugar kettles & kitchen cooking utensils. Fourthly It is my will

that all my moveable property not already devised shall be sold & the

money equally divided among my said children above mentioned

Fifthly I give & devise to my son Jacob Darst the sum of one dollar

and lastly I hereby constitute & appoint my son Peter & my son Samuel

Darst to be the Executors of this my last will & testament revoking &

annulling all former wills by me made & ratifying this & no other to be

my last Will & testament In testimony whereof I have hereunto set

my hand and seal this 30th day of May in the year of our Lord one

thousand eight hundred & thirty seven

Peter Darst {Seal}
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 308)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 308)

Description

[page 308]

[corresponds to labeled page 263 of Will Records Vol. 2 1835-1850]

263


Signed published & declared by the within named Peter Darst as & for

his last will & testament in the presence of us who at his request have signed

as witnesses to the same James Davenport

William P Eagan

The State of Ohio Delaware County SS.

Court of Common Pleas April Term 1844 -

Personally appeared in open Court James Davenport who being duly sworn

depose & say that the paper before him purporting to be the last Will and

testament of Peter Darst now deceased was by the said Peter Darst

acknowledged published & declared to be his last Will & Testament in the

presence of this deponent, that the said deceased was of lawful age that He

was of sound disposing mind & memory & under no restraint as he verily

believes that he subscribed the same as a witness in the presence & at the request

of the Testator & in the presence of each other.

James Davenport

Sworn to & subscribed in open Court this 12th day of April AD 1844

W D Heim Clerk

Recorded the foregoing Will &c April 16th 1844

Attest W D Heim Clerk

________________________________________________________________________


Copy of the Will of Henry Massie decd


Pleas held at the Court House in Delaware on the 6th day of April

AD 1844 before the Honorable Joseph R Swan President & Ahab Jinks

Marshall L Griffin & William G. Morris Esqr his Associates, Judges of the

Court of Common Pleas in & for the County of Delaware in the State of Ohio.

On Motion it is ordered that the authenticated copy of the last Will

and testament of Henry Massie decd now produced in open Court &

having relation to lands in this County be admitted to record among the

record of Wills of this County.

State of Kentucky. At a County Court held for Jefferson County

at the Court House in the City of Louisville on the first day of March one

thousand eight hundred & thirty being a Court of exclusive jurisdiction for

the probate of Wills & granting letters testamentary in and for said

County, An instrument of writing purporting to be the last will and

testament of Henry Massie deceased was produced in Court & proved

by the oaths of William C. Galt & Nevell Bullett two of the subscribing
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 309)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 309)

Description

[page 309]

[corresponds to labeled page 264 of Will Records Vol. 2 1835-1850]


264

witnesses thereto & thereupon the same was established to be the last Will &

testament of the said Massie & entered to be recorded & is recorded & is in the

words & figures following to wit "I Henry Massie of the County of

Jefferson & State of Kentucky do hereby make & ordain this my last

will & testament. First I devise to my wife Helen Massie the farm on

which I reside with all the buildings & appurtenances thereto belonging

together with the household & kitchen furniture & likewise all the stock of

any description on said farm at the time of my decease. I also devise

to her all my slaves of any description & their increase together with all money

on hand & debts due me in the State of Kentucky at the time of my decease

Also all my stock in the Shelbyville & Louisville Turnpike road Also three

thousand dollars & the security for the same owing to me but payable some

years hence by the Corporation of Portsmouth in the State of Ohio. To hold

the aforesaid farm of Four hundred & thirty four acres together with all

other property consisting of slaves &c herein before mentioned to her my

said wife & her heirs forever in fee simple it being my intention to leave

all my property of any description which I may leave at the time of my

death in the State of Kentucky to my wife & that some of it shall be subject

to my debts. Secondly I devise to my wife all the rest & residue of my

estate real & personal & mixed in the State of Ohio & elsewhere to be by her

disposed of as follows to wit out of the proceeds thereof my debt owing to

the US Branch Bank at Louisville & all other debts which I may owe

to be first paid if so much remains after payment of my debts fourteen

hundred dollars to be by my wife loaned out & the interest annually

paid to my brother Thomas Massie during his natural life for his

support & maintainance & at his death the principal fourteen hundred

dollars to belong to my wife & her heirs absolutely that payment of my

debts & the fourteen hundred dollars aforesaid if enough remains of the

proceeds of my lands devised to be sold for the purpose of discharging

my debts & legacies, the sum of three thousand dollars shall be paid over to my

neice Constance Massie & the same amount to my niece Elizabeth Thompson

and the remainder of such proceeds to be equally divided between my nephew

Heath Jones Miller of the Town of Louisville my nephew Nathaniel Massie

of Ohio son of my deceased Nathaniel, Henry Bullett son of Cuthbert

Bullett & Alexander Scott Bullett son of William C. Bullett but if

the residue to be divided between the last four mentioned legatees should

exceed the sum of three thousand dollars to each then such excess

shall be equally divided among them & Constance Massie, Elizabeth

Thompson & my niece Sally Harvey. All the foregoing legacies

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 310)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 310)

Description

[page 310]

[corresponds to page 265 of Will Records Vol. 2 1835-1850]


265

and devises / except that to my brother Thomas / contained in this second clause

of my will may be paid over by my wife to all or any of my legatees in money or

in the property left by me at her option and if paid in property the valuation

to be affixed by her & in either case my wife shall not be bound to pay a legacy

until security is given her to refund the same if it should afterwards become

necessary for payments of debts each legatee being bound to refund the

whole legacy if a debt to that amount should appear against my estate

Thirdly It is my intention to vest in my wife an absolute fee simple

title in my whole real estate so as to unable her to perfect the titles by pro=

=curing patents or doing any other acts which I could myself do. I

wish it clearly understood that the property devised to my wife is not to be

subject to the payment of any of my debts, that my wife shall employ

the necessary agents for selling & disposing of my Ohio property & all

expenses arising out of the management of my estate shall be defrayed out

of my Ohio lands or the proceeds thereof, and she may appoint agents

with full power to sell & coming by general Warranty or other description of

deed any or all the following property in this or elsewhere subjected

to payments of my debts & legacies. Fourthly I appoint my wife sole

Executrix of this my will & request that no security shall be required of her

nor shall any accounts be required to be kept by her nor rendered to the Court

nor any of the Legatees. Signed sealed & published as my last Will and

Testament this sixth day of February eighteen hundred & thirty

Test W.C. Galt H Massie {seal}

N Bullett

Edwd Johnson

And on the motion of Helen Massie Executrix named in the said

will & who made oath according to law execution of the said Will was

granted her without giving security the same being so directed by said

will. In witness whereof & that John Bell Esquire is the presiding

Judge of the said Court. I the Clerk thereof & keeper of the seal of the

{seal} County aforesaid this ninth day of March one thousand

eight hundred & thirty & in the thirty eighth year of the

Commonwealth Worden Pope

I John Bell presiding Judge of the County Court of Jefferson

County in the State of Kentucky do certify that Worden Pope is the Clerk

of the said Court & keeper of the seal of said County & that his above

attestation is in due form of law & entitled to full faith & credit. In witness

whereof I have hereto set my hand this 9th day of March 1830 John Bell {Seal}

Recorded the foregoing authenticated copy of Will on April 16th 1844

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 311)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 311)

Description

[page 311]

[corresponds to labeled page 266 of Will Records Vol. 2 1835-1850]


266

Copy of the Will of Andrew Heaverloo decd.


Pleas held at the Court House in Delaware on the 6th day of April

AD 1844 before the Honorable Joseph R. Irwin President & Ahab Jinks

Marshall L. Griffin & William G. Morris his Associates Judges of the

Court of Common Pleas in & for the County of Delaware in the State of Ohio

On motion & it appearing that the record of Wills containing the Will

of Andrew Heaverloo decd has been destroyed. It is ordered that the authenticated

copy of the last will & testament of said Andrew Heaverloo decd now produced

in open Court be again admitted to record among the records of Wills of this

County.

Pleas at the Court House in Delaware before the Hon David Higgins

President & Wm S Drake, Hosea Williams & Ezra Griswold Esqr his

Associates Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio

April Term 1832 This day the last will & testament of Andrew Heaverloo

decd was produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

It is further ordered that James Heaverloo & Andrew Heaverloo the Execrs

in said will named enter into bonds in the sum of $500.00? with John

Roush & Alwood Smith as security Also that Rodney Smith, Stephen

Arnold & Guy Sacket be appointed appraisers on said estate.

Wills In the name of God, Amen I Andrew Heaverlo of the Township

of Berlin County of Delaware & State of Ohio Farmer, being very sick &

weak in body but of sound mind memory & understanding / blessed be God

for the same / do make & publish this my last will & testament in manner &

form following to wit principally & first of all I commenced my immortal

soul into the hands of God who gave it & my body to the earth to be buried

in a decent & christain manner at the discretion of & Executor herein

after named. And as to such worldly estate wherewith at both pleased

God to bless me in this life I give & dispose of the same in the following

manner to wit I give & devise as touching all my real estate consisting

of one hundred acres of land situate in the Township of Berlin County

of Delaware & State of Ohio whereon I now live I give & devise the same unto

my son Andrew subject to the maintainance of my wife Rachel & son

Reuben, one bed & bedding & one cow. I give to my wife Rachel, to my

daughter Polly I give & devise one bed & bedding & one cow & calf & to my

daughter Sarah one bed & bedding & one cow Half & to my daughter

Martha I give one bed & bedding & one cow & to my son Barnet I give &
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 312)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 312)

Description

[page 312]

[corresponds to page 267 of Will Records Vol. 2 1835-1850]


267


devise one ewe & lamb to my son William one ewe & lamb & of my

personal property I leave in the hands of my executors not herein named

sufficient to pay a debt of fifty dollars & all the rest of my personal property

I leave to be equally divided amongst my son James & daughter Rachel

Martin & my daughter Polly & daughter Sarah & my daughter Martha

and lastly I nominate constitute & appoint my sons James & Andrew

Heaverlo to be the executors of this my last will hereby declaring this &

no other to be my last will & testament. In witness whereof I set my

hand & seal, Signed sealed published & declared by the testator as his last

will & testament in the presence of us & at his request subscribed as witnesses

this 11th day of July 1826 Andrew Heaverlo {seal}

David Eaton, John Rouse, Alwood Smith

State of Ohio Delaware County ss Personally appeared in open

Court John Rouse & Alwood Smith whose names are subscribed as

witnesses to the above will & being sworn do depose & say that the above instru=

=ment of writing was signed by the testator Andrew Heaverlo & was subscribed

by deponents as witnesses in the presence of said Andrew Heaverlo & at his

request that we saw said Heaverlo subscribe his name, said testator at

the time of subscribing was of full age of sound mind & memory & not under

any restraint said Haverlo declared said instrument to be his last will &

testament. John Rouse, Alwood Smith

Sworn to in open Court this April Term 1832

Attest T. Reynolds Clerk

The State of Ohio Delaware County Ss. In testimony that the above

and foregoing will &c is truly copied from the record of the original ^will & proceedings

thereon &c in my office I have hereunto set my hand & affixed my official

{seal} seal at Delaware this 17th day of April 1832.

Thomas Reynolds Clerk Del Cty Ohio

Recorded the forgoing authenticated copy of Will &c April 16th 1843 -

Attest WD Heim Clerk

======================================================================================

Will of Henry Lott decd

Pleas held at the Court House in Delaware on the 24th day of July AD 1844

before the Honorable Joseph R Swan President & Ahab Jinks Marshall L

Griffin & William G Norris Esqr his Associate Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Ohio.

This day the last will & testament of Henry Lott decd was produced in
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 313)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 313)

Description

[page 313]

[corresponds to page 268 of Will Records Vol. 2 1835-1850]


268

in open Court & proved by the testimony of the subscribing witnesses thereto as

reduced to writing approved & ordered to be recorded & thereupon on motion

Mary Lott, widow of said Henry Lott deceased appeared in open Court &

made her election to take under said will. And on motion of Oliver Stark

one of the Executors in said will named / Mary Lott the other Executor named

having declined acting as per file. It is ordered that letters testamentary

be granted the said Oliver Stark upon his entering into bonds in the sum

of $360.00? with Isaac Finch & Sidney Moore as security. And it

is further ordered that Cornelius Richards, James Stark & Joseph Patrick

appraise the personal property of said Estate & also if required said appr=

=aisers to appraise the real estate

I Henry Lott of the County of Delaware in the State of Ohio do make &

publish this my last will & testament in manner & form following that is

to say. First It is my will that my funeral expenses & all my just debts

be fully paid. 2nd I give devise & bequeath to my beloved wife Mary Lott

the plantation on which we now reside situate in Kingston Township

Delaware County & State aforesaid supposed to be fifty acres of land, my

will is that my wife Mary have the foregoing described farm to have &

dispose of the same as she thinks right & proper, also all the live stock

cattle sheep & hogs by me now owned & kept thereon also all the house hold

furniture & other items not particularly named & otherwise disposed of in

this will, she however disposing of as much thereof to pay my just debts as

aforesaid, And lastly I hereby constitute & appoint my said Wife Mary Lott

and Oliver Stark to be Executors for this my last will & testament revoking

and annulling all former wills by me made & ratifying & confirming this &

no other to be my last will & testament. In testimony whereof I have hereunto

set my hand & seal this 20th day of April AD 1844. Signed published and

declared by the above named Henry Lott as & for his last will will and

testament In presence of us who at his request have signed as witness to the

same

Isaac Finch Henry Lott {Seal}

Jacob C. Rosecrans

The State of Ohio Delaware County ss

Court of Common Pleas July Term 1844.

Personally appeared in open Court Isaac Finch & Jacob Rosecrans who

being duly sworn depose & say that the paper before them purporting to be the

last will & testament of Henry Lott now deceased was by the said Henry

Lott acknowledged published & declared to be his last will & testament in the

presence of these deponents, that the said deceased was of lawful age that he

was of sound disposing mind & memory & under no restraint as they verily believe

that they subscribed the same as witnesses in the presence & at the request of the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 314)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 314)

Description

[page 314]

[corresponds to page 269 of Will Records Vol. 2 1835-1850]

269

testator & in the presence of each other ~

his

Isaac Finch, Jacob X Rosecrans

mark

Sworn to & subscribed in open Court this 23rd day of July AD 1844

W D Heim Clerk

Recorded the foregoing Will on August 3rd 1844.

Attest W D Heim Clerk ~

________________________________________________________________________


Will of Samuel Cooper deceased

Pleas held at the Court House in Delaware on the 24th day of July

AD 1844 before the Honorable Joseph R. Swan President & Ahab Jinks Mar=

=shall L Griffin & William G. Norris Esqs his Associates Judges of the Court

of Common Pleas in & for the County of Delaware & State of Ohio.

This day the last will & testament of Samuel Cooper deceased was produced

in open Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded, and therefore in

motion of Adam Cooper & James Dodds the Executors in said will named

it is ordered that letters testamentary be granted them upon their entering

into bonds in the sum of $1000.00 cents with David McElvain, Moses

McElvain & John F. Dunlap as security And it is further ordered that

Andrew Stevens Sylvanas David & Joseph Dodds appraise the personal

property of said Estate ~

I Samuel Cooper of the County of Delaware in the State of Ohio do

make & publish this my last will & testament in manner & form following

that is to say First It is my will that my funeral expenses & all my just

debts be fully paid Second I give devise & bequeath to my beloved wife Ann

Cooper, the one third of the farm on which I now reside during her natural

life & further it is my will that my said wife live with my son Adam

during her natural life. Also one bed & bedding one half of the kitchen fu=

=niture one horse & cow for her own use if she require it Also if she wish

she is to have the South room of the house I now live in for her own use

Third I give & devise to my son Adam the farm on which I now live

situate in Delaware County Ohio containing one hundred & sixty five

acres & all my personal property not otherwise disposed of in this will

and to his heirs & assigns forever. Fourth I give & devise to my daughter

Mary inter married with Thomas Warren the sum of three hundred dollars

which sum is to be paid out of the property bequeathed to my son Adam

within two years next after my death if not previously paid And

lastly I hereby constitute & appoint my son Adam Cooper & James
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 315)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 315)

Description

[page 315]

[corresponds to page 270 of Will Records Vol. 2 1835-1850]


270

Dodds to be the Executors for this my last will & testament revoking and

annulling all former wills by me made & ratifying & confirming this and

no other to be my last will & testament. In testimony whereof I have

hereunto set my hand & seal this 7th day of November in the year of our Lord

one thousand eight hundred & thirty six

Samuel Cooper {Seal}

Signed published & declared by the above named Samuel Cooper as and

for his last will & testament in presence of us who at his request have signed

as witnesses to the same John F Dunlap & Moses McIlvain.

The State of Ohio Delaware County SS

Court of Common Pleas July Term 1844.

Personally appeared in open Court John F. Dunlap & Moses McIlvain

who being duly sworn depose & say that the paper before them purporting to be the

last will & testament of Samuel Cooper now deceased was by the said Samuel

Cooper acknowledged published & declared to be his last will & testament in the presence

of these deponents, that the said deceased was of lawful age that he was of sound

disposing mind & memory & under no restraint as they verily believe that they

subscribed the same as witnesses in the presence & at the request of the Testator &

in the presence of each other John F. Dunlap, Moses McIlvain.

Sworn to & subscribed in open Court this 24th day of July AD 1844

W D Heim Clerk

Recorded the foregoing Will on August 3rd 1844

W D Heim Clerk

===============================================================================

Will of James Osborn deceased


Pleas held at the Court House in Delaware on the 25th day of July

AD 1844 before the Honorable Joseph R Swan President & Ahab Jinks

Marshall, L Griffin & William G Norris Esqs his Asssociates Judges of the

Court of Common Pleas in & for the County of Delaware & State of Ohio.

This day the last will & testament of James Osborn decd was produced in open

Court & proved by the testimony of the subscribing witnesses thereto as reduced to

writing approved & ordered to be recorded. And therefore as motion of

Lucy Osborn one of the Executors in said will named / Hosea Williams

the other Executor named refusing to act / It is ordered that letters testamen-

=tary be granted to the said Lucy Osborn upon her entering into bonds in the

sum of $700.00? with Spencer Dunham & Enos W Little as security.

I James Osborn of Delaware County & State of Ohio do make

this my last will & testament hereby revoking all former wills by me
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 316)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 316)

Description

[page 316]

[corresponds to page 271 of Will Records Vol. 2 1835-1850]

271

made, First, I direct that all my debts be paid out of my personal

property. Second I give & bequeath to my beloved wife Lucy one half of my

personal property, also the use rents & profits of all my real estate with the

appurtenances thereunto belonging during her life time. Third I give & bequeath

to my daughter Orra one half of my personal property. Fourth After

the decease of my wife Lucy I direct & desire that my real estate be divided

equally among my children to wit: Asenith Bemer, George M Osborn

William Osborn, Orra Osborn, David Osborn, Sally Breece, James Osborn

Asa G. Osborn, Joshua Osborn, Charles C. Osborn & Lucy Ann Breece, I hereby

appoint my wife Lucy & Hosea Williams my Executors, Signed & Sealed

this sixth day of July 1843 in presence of

Hosea Williams James Osborn {Seal}

W L Welch

The State of Ohio Delaware County Ss. Court of Common Pleas

July Term 1844. Personally appeared in open Court Hosea Williams

and William L Welch who being duly sworn depose & say that the paper

before them purporting to be the last Will & Testament of James Osborn now

deceased was by the said James Osborn acknowledged published & declared

to be his last Will & Testament in the presence of these deponents that the

said deceased was of sound disposing mind & memory & under no restraint

as they verily believe, that they subscribed the same as witnesses in the presence

and at the request of the Testator & in the presence of each other.

H Williams Wm T Welch ~

Sworn to & subscribed in open Court this 24th day of July AD 1844

W D Heim Clark

Recorded the foregoing Will on August 3rd 1844

W D Heim Clerk

===================================================================================


Will of John Dirst decd

Pleas held at the Court House in Delaware on the 26th day of July

AD 1844 before the Honorable Joseph R Swan President & Ahab Jinks

Marshall L Griffin & William G. Norris Esqr his Associates Judges of the

Court of Common Pleas in & for the County of Delaware & State of Ohio

This day the last will & testament of John Dirst decd was produced

in open Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing approved & ordered to be recorded. And therefore

on motion of William Darst the Executor in said will named it is ordered

that letters testamentary be granted him upon his entering into bonds in the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 317)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 317)

Description

[page 317]

[corresponds to page 272 of Will Records Vol. 2 1835-1850]


272


sum of $200.00 cents with Isaac Darst & Henry Dirst as security. And

it is further ordered that James Davenport Henry Willey & John Cunningham

appraise the personal property of said Estate.

In the name of the Benevolent Father of All I John Dirst of Troy

Township Delaware County Ohio do make & publish this my last will & testament

Item 1st I give & devise to Sarah Ann Dirst my daughter the following

described property real estate to wit: A lot of land situate in Troy Township

in said County containing ten acres lying as follows / to wit / beginning at

the North East corner of the East half of South West quarter of section No. 25

Township No. 6. Range No. 19. U S M thence south 40 poles, thence West

40 poles, thence North 40 poles thence east 40 poles to the place of beginning

Also the following described real estate viz a lot of land, beginning at the

North West corner of the West half of the S E Quarter of Section No 25 Township

No 6 Range No 19 U S M thence South 30 p, thence east thirty two poles

thence North 30 p, thence West 32 birches containing six acres, Also a lot

of land situate in said Troy Township bounded as follows to wit: be=

=ginning at the South east corner of the North West half of North West

Quarter of Section 25 in Township 6 Range 19 U S M thence North forty

rods thence West forty rods thence South forty rods thence East forty rods

to the place of beginning containing ten acres. Also all my personal

property, Provided always she will pay the following legacies to wit: to

to my son Michael, my daughter Catherine, my daughter Betsey & my son

Jacob one + each I do hereby appoint & nominate my Brother

William Dirst executor of this my last will & testament. I do hereby

revoke all former wills by me made. In testimony whereof I have have

hereunto set set my hand & seal this first day of April 1844

his

John X Dirst {Seal}

mark

Signed & Acknowledged by said John Darst as his last will & testament in

our presence & signed by - in his presence Abraham Loyd

Morgan Williams -

The State of Ohio Delaware County Ss. Court of Common Pleas July Term 1844

Personally appeared in open Court Abraham Lloyd & Morgan Williams who

being duly sworn depose & say that the paper before them purporting to be the last

will & testament of John Dirst now deceased was by the said Darst acknowledged

published & declared to be his last Will & testament in the presence of these deponents

that the said deceased was of lawful age, that he was of sound & disposing mind &

memory & under no restraint as they believe, that they subscribed the same as witnesses

in the presence & at the request of the Testator & in the presence of each other ~

Morgan Williams

Abraham Lloyd

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 318)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 318)

Description

[page 318]

[corresponds to page 273 of Will Records Vol. 2 1835-1850]

273


Sworn to & subscribed in open Court this 26th day of July AD 1844 ~

W D Heim Clerk

Recorded the foregoing Will on August 3rd 1844

W D Heim Clerk
___________________________________________________________________________


Will of Philemon Bidlack Decd

Pleas held at the Court House in Delaware on the 19th day of

September AD 1844 before the Honorable Joseph R Swan President

and Ahab Jinks, Marshall L Griffin & William G Norris his Associates

Judges of the Court of Common Pleas in and for the County of

Delaware in the State of Ohio ~

This day the last Will & Testament with the codicil thereto of

Philemon Bidlack deceased was produced in open Court & proved by

the testimony of the subscribing witnesses thereto as reduced to

writing approved and ordered to be recorded. And therefore on

motion of Daniel Brown the Executor in said Will named It is

ordered that letters testamentary be granted him upon his entering

into bonds in the sum of $200.00? with Levi Meredith & Cyrus

Longshore as security: And it is further ordered that Benjamin

K Ward, Andrew Heron and Robert Wilson appraise the per=

=sonal property of said estate ~

I Philemon Bidlack of the County of Delaware in the State

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

manner and form following that is to say 1st It is my will that

my funeral expenses and all my just debts be fully paid

2nd I give devise and bequeath to my beloved wife Sarah Bidlack

the plantation on which we now live and reside situate in the

County and State aforesaid being the West half of lot No 3 (three)

Section 3 (three) Township 4 (four) Range 16 (sixteen) known as

by the name of the Wade Section, all my live stock household fur-

=niture farming utensils and all of my right titles claims or demands

during her natural life as aforesaid she however disposing of a

sufficiency thereof to pay my just debts as aforesaid, and that at

the death of my said wife, one half of the aforesaid described lot or

parcel of land being the east half of said lot I give and bequeath

and devise to Philemon Brown Son of Daniel Brown and

Martha my daughter and his heirs & assigns forever, And the west

half to be disposed of by my said beloved wife at her death to whence

she wills the said West half of said lot forever. Lastly, I hereby

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 319)

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Description

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[corresponds to page 274 of Will Records Vol. 2 1835-1850]


274

constitute and appoint Daniel Brown my son in law to be the

executor for this my last Will and Testament revoking & annulling

all former wills by me made and ratifying and confirming this and

no other to be my last will and testament In testimony whereof

I have hereunto set my hand and seal this second day of June in the

year of our Lord one thousand eight hundred and forty four

his

Philemon X Bidlack {Seal}

mark

Signed published and declared by the above named Philemon Bidlack

as and for his his last will and testament in the presence of us who

at his request have signed at witnesses to the same

Attest L Meredith Cyrus Longshore

Codicil to this my last + and testament It is hereby provided

that if the said Philemon Brown should die before he is one and

twenty or die leaving no heirs, then in that case the aforesaid described

east half of my farm on which I now live shall be the property or the

land of my daughter Martha Brown and I give & devise & bequeath

to her and to her heirs forever In testimony whereof I have hereunto

set my hand and seal this 2nd day of June AD 1844

his

Philemon X Bidlack {Seal}

mark

Attest L Meredith Cyrus Longshore

The State of Ohio Delaware County Ss. Court of Common

Pleas Sept' Term 1844

Personally appeared in open Court Levi Meredith & Cyrus Longshore

who being duly sworn depose and say that the paper before them purporting

to be the last Will and Testament of Philemon Bidlack now deceased

was by the said Philemon Bidlack acknowledged published & declared to

be his last Will and Testament in the presence of these deponents, that the

said deceased was of lawful age that he was of sound disposing mind and

memory & under no restraint as they verily beleive, that they subscribed

the same as witnesses in the presence and at the request of the Testator & in

in the presence of each other. Levi Meredith

Cyrus Longshore

Sworn to and subscribed in open Court this 19th day of Sept' AD 1844

W D Heim Clerk

Recorded the foregoing Will &c October 1st AD 1844

Attest W D Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 320)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 320)

Description

[page 320]

[corresponds to mislabeled page 277 [275] of Will Records Vol. 2 1835-1850]





Will of James Campbell decd.

Pleas held at the Court House in Delaware on the 20th day of

September AD 1844 before the Honorable Joseph R Swan President and

Ahab Jinks, Marshall L Griffin & William G Norris his Associates

Judges of the Court of Common Pleas in and for the County of

Delaware and in the State of Ohio

This day the last Will & Testament of James Campbell decd

was produced in open Court & the oath of William Robbins

one of the subscribing witnesses thereto reduced to writing & filed

and it appearing that the other subscribing witness thereto B R Durfee

is a resident of Marion County It is ordered that a commission

to take the testimony of said Durfee be issued to James H. Godman

and William L. Kendrick directing them or either of them to

take testimony of said Durfee & return the same to this Court

And afterwards to wit at the aforesaid September Term of the

Court of Common Pleas continued and held at the Court House

aforesaid on the 23rd day of September AD 1844 before the Judges

aforesaid the following proceedings were herd and entered in regard

to said will to wit

This day James H. Godman and William L. Kendrick Commissioners

heretofore appointed to take the deposition of B R Durfee touching

the execution of the last Will and Testament of James Campbell

deceased made report of these proceedings with the proof by them

taken and the Court when examination of the matter consider

said Will duly proved & order the same to be recorded. And

therefore Julia Pitt Campbell widow of said James Camp=

=bell decd personally appeared in open Court and made her

election to take under the said will

In the name of the Benevolent Father of All. I, James

Campbell of the County of Marion and State of Ohio do make

and publish this my last will and Testament. I give devise

and bequeath unto my beloved wife Julia Pitt Campbell

whom I also appoint executrix of this my will, All my

estate right, title and interest legal and equitable in lands

tenements, hereditaments, goods chattels & property of every kind

and description whatever. In testimony whereof I have hereunto

set my hand and affixed my seal this 12th day of July in the

year 1842 Samuel Campbell {seal}
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 321)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 321)

Description

[page 321]

[corresponds to mislabeled page 276 [277] of Will Records Vol. 2 1835-1850]



Signed and acknowledged by the said James Campbell

as his last Will and testament in our presence & signed by us

in his presence

B R Durfee, William Robbins

Codicil Delaware November 10th 1843.

I hereby give and bequeath the picture of the old man &

girl, given me by William Roberts in Hayward deceased to his

sister Martha Hayward or in case of his death before mine, then

to the eldest of the sisters of the said W R Haywood at that time

living Samuel Campbell {seal}

Delaware Nov 10th 1843

The Picture of my father taken by Richard Clark I give

to my brother Charles Vane Clark.

Samuel Campbell {seal}

The State of Ohio Delaware County Ss Court of Common

Pleas Sept Term 1844. Personally appeared in open Court

William Robbins who being duly sworn deposes & says that the paper

before him purporting to be the Last Will and Testament of Samuel

Campbell now deceased was by the said James Campbell acknowledged

published and declared to be his last Will and Testament in the presence

of this deponent with B R Durfy, that the said deceased was of lawful

age that he was of sound disposing mind and memory & under no

restraint as he verily believes that he subscribed the same as witness

in the presence and at the request of the Testator and in the presence of

each other.
William Robbins

Sworn to and subscribed in open Court this 20th day of Sept AD 1844

WD Heim Clerk

The State of Ohio Marion County Ss

Personally appeared before the subscribed Commissioners appointed

by the Court of Common Pleas of Delaware County & State of Ohio to take

the examination of B R Durfee touching the execution of the last will &

testament of Samuel Campbell deceased the said B R Durfee who

being duly sworn deposed & says that the paper before him purporting

to be the last Will and Testament of James Campbell now deceased

was by the said James Campbell acknowledged published and

declared to be his last will & testament in the presence of this deponent

and William Robbins, that the said deceased was of lawful age that

he was of sound disposing mind & memory & under no restraint as

he only believed that they subscribed the same as witnesses in the

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 322)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 322)

Description

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277

presence & at the request of the Testator in the presence of each other

Bradford R Durfee

Sworn to and subscribed before the subscribed Commissioners

and aforesaid this 21st day of September AD 1844.

Wiliam L. Kendrick )

James H Godman ) Commirs

Recorded the foregoing Will &c Oct 2nd AD 1844

Attest WD Heim Clerk


Will of Conrod Smith decd.


Pleas held at the Court House in Delaware on the 23rd day of

September AD 1844 before the Honorable Joseph R Swan President

and Ahab Jinks Marshall L Griffin and William G Norris

his Associates Judges of the Court of Common Pleas in and

for the County of Delaware in the State of Ohio

This day the last Will & Testament of Conrod Smith decd

was produced in open Court & proved by the testimony of the

subscribing witnesses thereto as reduced to writing approved &

ordered to be recorded. And thereupon the Executors in said

Will named refusing to act as such Executors & Mary Smith

the Widow of said Conrod Smith decd having relinquished

her right of the administration of said decedants estate on

motion. It is ordered that letters of Administration with the

will annexed be granted to William Smith and John Graham

upon then entering into bonds in the sum of $300.00 with

Joseph Russell & John Hurd as security. And it is further

ordered that Samuel Landon, Samuel Weeks & Joseph Foos ap=

=praise the personal property of said estate

In the name of the Benevolent Father of All I Conrod Smith of

the Township of Thompson Delaware County State of Ohio

do make & publish this my last Will & Testament Item 1st I give

and devise to my beloved wife Mary Smith in lieu of her dower

the one third of the farm, which I now live, situate in Township

County & State aforesaid & her natural lifetime containing fifty

acres, and one cow, five hogs, together with all the household

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 323)

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278


furniture during her natural life as aforesaid & at the death of

my said wife all the personal property hereby devised or bequeathed

to her as aforesaid or so much thereof as may then remain [illegible]

=ded to my Six daughters Elizabeth Decker, Margaret Bumgarner

Mary Decker, Sarah Graham, Claricy Milligan & Mira Woolard

and to their heirs and assigns forever Third I give & devise to my

two sons Adam Smith & William Smith the farm on which I now

live to be equally divided between the said Adam Smith & William

Smith situated in the Township of Thompson Delaware County

State aforesaid & their heirs and assigns forever, containing 50 acres.

Fourth It is my will that Adam Smith & William Smith shall

pay over to the three heirs of my son John Smith decd William Smith

Jacob Smith & John Smith the heirs of the deceased as aforesaid the sum

of sixty dollars to be paid to them as they become of age or arrive at the

age of twenty one And it is my will that my just debts shall be

paid out of my personal property. 5th It is my will that the re=

=mainder part of my personal property to be sold & the money equally

divided between my six daughters, and lastly I hereby constitute and

appoint my two sons William Smith and Adam Smith to be

the Executors for this my last will & testament. I do hereby revoke

all former wills by me made, in testimony whereof I have hereunto

set my hand and seal this 26th day of August AD 1844

Conrod Smith {seal}

Signed and achnowledged by said Conrod Smith as his last Will

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

Samuel Landon, John Hurd.

The State of Ohio Delaware County Ss

Court of Common Pleas September Term 1844:

Personally appeared in open Court Samuel Landon & John Hurd

who being duly sworn depose and say that the paper before them purporting

to be the last Will and Testament of Conrod Smith now deceased

was by the said Conrod Smith acknowledged published and declared

to be his last Will & Testament in the presence of these deponents that the

said deceased was of lawful age that he was of sound disposing mind &

memory & under no restraint as they verily believe that they subscribed

the same as witnessed in the presence & at the request of the Testator & in the

presence of each other. Samuel Landon, John Hurd

Sworn to & subscribed in open Court this 23rd day of Sept AD 1844

WD Heim Clerk

Recorded the foregoing Will &c Oct 2nd 1844 = Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 324)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 324)

Description

[page 324]

[corresponds to page 279 of Will Records Vol. 2 1835-1850]


279

Copy of the Will of John Roush decd


Pleas held at the Court House in Delaware on the 24th day of

September AD 1844 before the Honorable Joseph R Swan President

and Ahab Jinks, Marshall L Griffin & William G Norris Esqr

Associates, Judges of the Court of Common Pleas in and for the

County of Delaware in the State of Ohio.

On motion and it appearing that record of Wills containing

the last Will of John Roush deceased has been destroyed. It is

ordered that the authenticated copy of the last Will & Testament

of said John Roush now produced in open Court be again

admitted to record among the record of Wills of this County

Pleas at the Court House in Delaware before the Hon Joseph

R. Swan President and William S. Drake Hosea Williams and

Ezra Griswold Esq his Associates Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Ohio,

April Term 1834: This day the last Will & Testament of John Roush

deceased was produced in open Court approved by the testimony

of Eli Mead & James Lumbert two of the subscribing witnesses

thereto as reduced to writing approved and ordered to be recorded

And thereupon on motion of Thomas Arnold the Executor in

said will named it is ordered that letters testamentary be

granted him upon his entering into bonds in the sum of two

thousand dollars with Eli Mead & Silas Dunham as security

And it is further ordered that Josiah M. Smith, Robert

Kinkade and Robert Ferris appraise the personal property of said

Estate. In the name of God Amen. I John Roush of Brown

Township in Delaware County do publish & declare the following

to be my last will and Testament to wit 1st It is my will and

desire that the claims and obligations which I have & hold against

Mr Noah Wilson be collected and so much thereof as may be

necessary for that purpose be paid to Benjamin Hull of Marion

or his legal representatives in payment of a tract of land which

I lately purchased of the said Hull containing one hundred acres

situate in Radnor Township in Delaware County.

2nd It is my will and desire that the said lot or tract of land

which I lately purchased or contracted for of the said Hull

particularly described in a bond for a deed from the said Hull

dated Dec 17th 1833 should be paid for as aforesaid according
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 325)

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Description

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[corresponds to page 280 of Will Records Vol. 2 1835-1850]


280

to the instalments mentioned in the said bond from & out of the

money due from the said Wilson, and the said land when paid

for I will & devise in the following manner, twenty five acres of

the South end of the said lot I will and devise to Cornelius Sickels

and his heirs forever in case the said Sickels shall pay for the same

according to the condition of a contract which I have made with him

for the same in making improvements on the residue of said lot, & in

case the said Sickles should not pay for the twenty five acres I will

and devise the same to my executor hereinafter named for the purpose

to sell the same and expend the proceeds thereof in improving the residue

of said lot to the best advantage and as my executor shall think best

The residue of said lot or tract of land bring about 75 acres I will &

devise the use and profits thereof to my wife Abby for her life time and for

the use and purpose of supporting herself and my two youngest children

James & John until they shall arrive at the age of twenty one & for the

support and maintainance of the said James for her life time of my

wife on account of the blindness of the said James if the said James should

so long live. And after the death of my said wife I will & devise fifty acres

of the said lot or tract of land to my said son James & his heirs forever

to be so divided & taken off from the said lot after the death of my wife as

on the said James arriving at the age of twenty one years as the same

may first happen, but in case the said James should die without

children I will and devise the said fifty acres to my son John, which

said fifty acres is to be set off & as to include the house & buildings of forty acres

of the improvements if there should be so much and ten acres of wood

land should there be at that time so much thereof. The residue of said tract

of land, I give will and devise at the death of my wife, to all my children

to be equally divided amongst them. 3rd All the residue of my property

personal and real including in particularly a leas of a lot of land on

which I now reside I will, give, bequeath & devise unto my executor to

be disposed of as follows to wit first a years support to be set off to my

wife and children in every respect as the Statute directs then my debts to

be paid according to law. I wish that my executor should put upon

the said lot of land purchased & of the said Hull / to which place I wish

my family to remove us soon as convenient / the proper & necessary

team, stock and farming utensils out of such personal property as

I now have and possess and the residue to be expended after paying

cost of administration in building a house & making other neces=

=sary improvements upon the said mentioned lot of land purchased

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 326)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 326)

Description

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[corresponds to page 281 of Will Records Vol. 2 1835-1850]


281

of the said Hull I will and desire my executor should sell my lease

lot aforesaid upon which I now live to the best advantage & dispose

the proceeds thereof in the same manner as my other personal prop=

=erty 4th - It is my will and desire that Thomas Arnold should

be and act as the executor of this my last will & testament & in

case he should die or should refuse to accept this appointment

I hereby appoint my wife Executrix in his place & stead, Published

and declared as my last will & testament this 18th day of March 1835

John Roush

Published and declared in the presence of the undersigned who in

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

request have put our names as witnesses hereto.

Eli Mead, Robert Jones, James Lambert

The State of Ohio Delaware County Ss.

In the Court of Common Pleas April Term 1834.

We the undersigned Eli Mead, Robert Jones & James Lambert

being duly worn in open Court upon our oaths say that the paper

now here produced in open Court purporting to be the last will

and testament of John Roush bearing date on the 18th day of

March 1834 was on that day signed and published by John

Roush late of Berlin Township in the said County now deceased

as his last will and testament that we saw him the said John

sign the said will and he declared & published the same as his

will and testament in our presence and we then and there at

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

signed our names thereto as witnesses We further say & depose

that the said John Roush decd at the time aforesaid of making

and publishing his said will was at least fifty five years of

age and believe him then to have been of sound mind and

memory and not under any restraint

Eli Mead

James Lambert

Subscribed & sworn to in open Court April 21st 1834

T Reynolds Clerk

The State of Ohio Delaware County Ss In testimony that

the above & foregoing will together with the proof &c is truly copied

copied from the record of the original will not on file in my

office. I have hereunto set my name & affixed my seal of

office at Delaware in said County this 31st day of April AD 1834

Thomas Reynolds Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 327)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 327)

Description

[page 327]

[corresponds to page 282 of Will Records Vol. 2 1835-1850]


282

Recorded the foregoing authenticated copy of Will on Oct 3rd 1844

Attest WD Heim Clerk


Copy of the Will of William Brundige decd


Pleas held at the Court House in Delaware on the 21st day of Sept

AD 1844 before the Honorable Joseph R Swan President and Ahab

Jinks, Marshall L. Griffin and William G Morris his associate Judges

of the Court of Common Pleas in and for the County of Delaware in the

State of Ohio.

On motion and it appearing that the record of Wills containing the

last will of William Brundige deceased has been destroyed. It is

ordered that the authenticated copy of the last Will & Testament of said

William Brundige now produced in open Court be again admitted to

record among the record of Wills of this County.

The last will and Testament of William Brundige late deceased

produced at a special Court of Common Pleas held in Delaware in

the County of Delaware December 20th AD 1825 before the Honorable

the Associate Judges of said County & proven in open Court by the

subscribing witnesses, was approved by the Court & ordered to be recorded

I William Brundige of the Township of Marlborough & State of

Ohio being of sound mind & memory but sensible of the great uncertainty

of life and being desirous to dispose of my earthly estate which I hath

pleased God to bestow upon me, do make this my last will and

testament, revoking all former wills by me made. Inprimis:

I will that all my debts and funeral charges be speedily paid at

my decease 2nd I will and devise to my son Nathaniel Brundige

his heirs, the east half of the North West Quarter of Section number

fourteen, Township Number Six, South of Range Number fifteen con=

=taining eighty and --- district 3rd I will and devise to my

son Stephen Brundige Two hundred dollars to be paid & become a

lien on the farm on which I now reside & payable by the Devise of

said farm two years after my decease 4th I will & devise to my

son Thomas Brundige one hundred dollars out of his note of hand

which I hold 5th I will and devise to my son John Brundige

his heirs the farm on which I now reside containing one hundred and

fifty five and subject to the lien of two hundred dollars to Stephen
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 328)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 328)

Description

[page 328]

[corresponds to page 283 of Will Records Vol. 2 1835-1850]


283


Brundige as aforesaid payable two years after my decease

6th I will and devise to my two daughters Anna Wyatt and

Sarah Terboss all my household furniture and bedding to be

equally divided between them. 7th I will and devise to Elizabeth

Mitchel my daughter and the heirs of the body of my deceased

daughter Mary Drake all the farming utensils & stock on the

farm and also all other property and effects not heretofore disposed

of which I shall dispossessed of to be converted into cash by my

Executors hereafter named & to be divided "ad Stipes": that is to

say the said heirs to share our moitey. 8th It is my will that

all my debts including funeral charges be paid out of the monies

in my possession at my decease Lastly I hereby appoint

my sons Nathaniel Brundige and John Brundige the Executors

of this my last will and testament. Signed sealed and

executed by me this thirty first day of October one thousand eight

hundred and twenty three the said being first read in my

hearing and presence.

In presence of us William Brundige {seal}

William Little

Platt Brush

John Brush

The State of Ohio Delaware, Ss

I Thomas Reynolds Clerk of the Court of Common Pleas

for said County do hereby certify that the within and foregoing

will is a true copy from the record of the original will in my

Office

In testimony whereof I the Clerk aforesaid have

{seal} hereunto set my hand and affixed my official seal

this 22nd day of December AD 1825.

Thomas Reynolds Clk CCPDC.

Recorded the foregoing Authenticated copy of Will on Oct 3rd 1844

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 329)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 329)

Description

[page 329]

[corresponds to page 284 of Will Records Vol. 2 1835-1850]


284.

Will of James Thomas decd

Pleas at a special Court held at the Court House and Delaware on the

26th day of December AD 1844 before the Honorable Ahab Jinks,

William G. Norris & Marshall L Griffin Associate Judges of

the Court of Common Pleas in & for the County of Delaware in

the State of Ohio.

This day the last will and testament of James Thomas deceased

was produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing, approved and ordered to be

recorded, and it appearing that no executor has been appointed in

said will, on application, ordered that Peter Tabler be appointed

administrator with the will of said James Thomas decd annexed,

said Admr is ordered to enter into bonds in the sum of $600.00?

with Peter Oller and Abraham Jones as security. And it is further

ordered that Abrahm Eversole, Jacob Oller & Jeremiah Belt

appraise the personal property of said estate.

Know all whom it may concern, I James A Thomas of

Concord Township Delaware County, Ohio, being of sane mind

knowing the uncertainty of human life, do make this my last

will and testament, revoking and disanulling all former wills. I

do give to my daughter Luiza Thomas late Luiza Cook two

dollars, also seventy five dollars to divided between her two

children Absalom and Charlotte, also two dollars to my

daughter Sarah Thomas late Sarah Rockey, also seventy five

dollars to be divided between her heirs if any, otherwise if the

said Sarah outlives the said Rockey in that case she draws the

same for herself, if not it falls back to the estate, the above doweris

to be paid out after the decease of my wife Catherine Thomas or

she ceases to bear my name, also I do give to my son Joseph

Thomas when of age, one horse, in addition to an equal part

of the estate. I do give to my wife Catherine Thomas all the

household and kitchen furniture, also ten sheep, the shoats, two

work horses, one brown colt and two cows and one heifer, after the

light pork is taken out for her use, the balance sold, also I do

give to my wife the use of the farm her life time & or she bears my

name, the balance of the property, or as much as will settle all my

debts sold and applied, the same at my wife's death, or she ceases
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 330)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 330)

Description

[page 330]

[corresponds to page 285 of Will Records Vol. 2 1835-1850]


285

to bear my name, the farm and all the other property to be sold &

equally divided between the heirs except Louisa and Sarah &

their children. Signed, sealed and delivered in presence of x

this fifteenth day of November one thousand eight hundred & forty

four. his

James x Thomas {seal}

mark

Abm Jones, Joseph Jones, Lewis Jones

Appendix, the names of the heirs who receive an equal divided

after the death, for the widow, or she ceases to bear my name,

John A Thomas, James Thomas, Benjamin Thomas, Jane

Thomas late Jane Tabler, Edward Thomas, Joseph Thomas

and Susan Thomas November 15th 1844. his

Signed in presence of James x Thomas

Abm Jones, Joseph Jones, Lewis Jones. mark

The State of Ohio, Delaware County Ss

Court of Common Pleas Special Term 1844

Personally appeared in open Court Abraham Jones, Lewis

Jones & Joseph Jones, who being duly sworn depose and say

that the paper before them purporting to be the last will and

testament of James Thomas of Delaware County now deceased

was by the said James Thomas acknowledged, published and

declared to be his last will and testament, in the presence of

these deponents, that the said deceased was of lawful age, that

he was of sound and disposing mind and memory, and under

no restraint as they verily believe; that they subscribed the same

as witnesses in the presence and at the request of the testator

and in the presence of each other. Abrm Jones

Sworn to and subscribed in open Joseph Jones

Court this 26th day of Decr AD 1844 Lewis Jones

WD Heim Clerk -

Recorded the foregoing will &c Dec. 27 1844

Attest WD Heim Clerk


Will of Isaac Leonard decd


Pleas held at the Court House in Delaware, on the 1st day of April

AD 1845 before the Honorable Ozias Bowen President Judge

& Ahab Jinks, William G. Norris & Marshall L Griffin
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 331)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 331)

Description

[page 331]

[corresponds to page 286 of Will Records Vol. 2 1835-1850]


286

Esqr his Associates Judges of the Court of Common Pleas in

& for the County of Delaware in the State of Ohio.

This day the last will & testament of Isaac Leonard deceased

was produced in open Court & proved by the testimony of the

subscribing witnesses thereto as reduced to writing, approved

& ordered to be recorded and thereupon on motion of George

Leonard & Orsamus D Hough the Executors in said will

named. It is ordered that letters testamentary be granted

them upon their entering into bonds in the sum of $2000.00?

with Charles Neil & Abijah Leonard as security - And it is

further ordered that William Williams, Benjamin F. Loofborrow,

& Greenbury R. Dolby appraise the personal property of said

estate. I Isaac Leonard of the County of Delaware

in the State of Ohio, do make & publish this my last will &

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

First, It is my will that my funeral expenses & all my just

debts be fully paid. Second, I give & bequeath to my beloved

wife Nancy in lieu of her dower, the rents, profits, use, occupancy

and benefit of all my real property after the payment of my

debts until each of my four children, Minerva, Sarah L,

Frances & Harriet Leonard shall come to full age. I mean

eighteen years, during which time my said wife is to maintain

& suitably school & educate said children but if said children

should all die before they become of age as aforesaid, or if my

wife should marry before that period then from that time

she is only to have the use of one third of my real property during

her life, and after my said children come to be of age as

aforesaid if my wife still remain a widow it is my desire

that my said wife enjoy & receive one third the use, profits

& rents of my real estate, and that the other two thirds be

equally divided among my said children. Third, I do

hereby nominate & appoint George Leonard & OD Hough

Executor of this my last will & testament hereby authorizing

& empowering them to compromise, adjust, release & discharge

in such manner as they think proper the debts & claims due

and I also authorize and empower them if it shall become

necessary to pay my debts, to sell by private sale or otherwise

in such manner & upon such terms of credit as they shall

think proper or otherwise all or any part of my real estate

& deed to purchasers to execute acknowledge & deliver in
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 332)

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Description

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287

fee simple. I also give my executors the exclusive right of renting

& taking care of my real property until my children come of

age for which they are to have such reasonable compensation

as may be allowed by the Court. Fourth After my personal

property has been appraised by the appraisers that will be

appointed by Court & a years support set off for my wife &

children, which I desire to be done soon as possible after

my death, then my Executors will be also authorized and

empowered to sell all or any part of my personal property

either at public or private sale or in both ways as they

may think most to the advantage of my estate & if my

executors deem the allowance for the years support too

small for the widow & children, they may give them such

further portion of my personal property as they may

deem necessary & proper. I hereby revoke all former wills

by me made. In testimony whereof, I have hereunto set

my hand & seal this nineteenth day of September in the

year of our Lord eighteen hundred and forty four

Isaac Leonard. {seal}

Signed & acknowledged by the said Isaac Leonard as

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

in his presence. Abijah Leonard. Joseph Leonard.

The State of Ohio, Delaware County, Ss Court of common

Please April Term 1845. Personally appeared in open

Court Abijah Leonard and Joseph Leonard who being duly

sworn depose and say, that the paper before them purporting

to be the last will and testament of Isaac Leonard now

deceased, was by the said Isaac Leonard acknowledged, pub-

-lished & declared to be his last will & testament, in the

presence of these deponents; that the said deceased was of

lawful age, that he was of sound and disposing mind &

memory, and under no restraint, as they verily believe; that

they subscribed the same as witnesses in the presence, & at the

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

Abijah Leonard. Joseph Leonard

Sworn to & subscribed in open Court this 1st day of April

AD 1845 WD Heim Clerk.

Recorded the foregoing will &c April 12, 1845

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 333)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 333)

Description

[page 333]

[corresponds to page 288 of Will Records Vol. 2 1835-1850]


288

Will of William Crawford Jr.


Pleas held at the Court House in Delaware, on the 3rd day of April

AD 1845 before the Honorable Ozias Bowen President & Ahab

Jinks, William G. Norris & Marshall L Griffin Esqr his

Associates Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio.

This day the last will & testament of William Crawford Jr

deceased was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing, approved

& ordered to be recorded, and thereupon on motion of William

Crawford Junr the Executor in said will named: It is ordered

that letters testamentary be granted to him, upon his entering

into bonds in the sum of $200.00 with Andrew Stroub &

John Brundige as security. and it is further ordered that

Hira Wilcox, Arthur Devore & William S Drake appraise the

personal property of said estate.

I William Crawford Junr of Marlborough Township in the

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

memory, but sensable of the great uncertanity of life and being

desirous to dispose of my earthly estate which it hath pleased

God to bestow upon me, do make this my last will & testament

First. I do hereby appoint William Crawford my father

executor of this my last will and testament. Second. It is

my will that as soon as possible after my decease my said

executor should collect all my debts due to me, and of said

debts and money and other property that I may die in

possession of, not herein otherwise disposed of, he should pay

all my debts, including funeral charges. Third. I will and

devise to Mary Crawford my mother, my bed, bedstead and

all my bedding and my chest. Fourth. I will and devise

to William Crawford, my father, all the balance of my property

real and personal including eighty acres of land situate

in Decalb County in the State of Indiana and described as

follows (to wit) the West half of the Northeast quarter of

Section thirty five in township thirty three, North of Range

twelve, East in the district of land subject to sale at fort

Wayne Indiana. Signed, sealed and executed by me this
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 334)

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Description

[page 334]

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289

eleventh day of July one thousand eight hundred and forty

three, the same being first read in my hearing and presence.

In presence of us. Wm Crawford Jr {seal}

John Brundige -- Manning Richardson --

The State of Ohio, Delaware County Ss

Court of Common Pleas, April Term 1845 Personally

appeared in open Court John Brundige and Manning

Richardson who being duly sworn depose and say, that

the paper before them, purporting to be the last will & testament

of William Crawford Jr now deceased, was by the said

William Crawford Jr acknowledged, published and declared

to be his last will and testament in the presence of these

deponenets; that the said deceased was of lawful age, that

he was of sound and disposing mind and memory, and

under no restraint as they verily believe; that thye subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other.

John Brundige -- Manning Richardson

Sworn to & subscribed in open Court this 3rd day of April

AD 1845 - WD Heim Clerk

Recorded the foregoing Will &c April 14 1845

Attest. WD Heim clerk -


Will of Elizabeth Bockover decd.


Pleas held at the Court House in Delaware, on the 8th day of July

Ad 1845 before the Honorable Ozias Bowen President & Ahab Jinks

William G. Norris & Marshall L Griffin Esqr his Associates

Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio. this day the last will &

testament of Elizabeth Bockover decd was produced in open

Court & proved by the testimony of the subscribing witnesses thereto,

as reduced to writing, approved and ordered to be recorded.

And thereupon on motion of Henry Hodgden the Executor in

said will named it is ordered that letters, testamentary be

granted him upon his entering into bonds in the sum of

$1000.00 with Jacob Bockover & George Bockover as Security
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 335)

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Description

[page 335]

[corresponds to page 290 of Will Records Vol. 2 1835-1850]


290

and it is further ordered that Joseph Roloson, John Lewis 2nd

& Joseph Glover appraise the personal property of said estate.

I, Elizabeth Bockover of Berlin Township in the County

of Delaware, being in feeble health, but of sound mind do make

and ordain this my last will and testament, revoking any and

all other wills and testaments made by me at any former time

Firstly. It is my will and request that my funeral charges

shall be paid. Secondly That all just debts and demands

shall be fully paid. Thirdly If my moneys and effects shall

exceed five hundred dollars then in that case I will to my son

Jacob Bockover twenty five dollars If my property does

not amount to that sum, then it is my desire that he shall

have no part of my property. Fourthly In consideration and

the care, affection & kindness of Elizabeth Bockover wife

of my son George, I bequeath all the residue of my property

goods & chattels, moneys & effects and all demands whasoever

to do with as she shall wish and desire. Last. I do make

and appoint Henry Hodgden my Executor. In testimony

whereof, I have hereto set my hand & affixed my seal this

14th day May AD 1838. her

Elizabeth x Bockover {seal}

mark

Signed & sealed in the presence.

Thomas Lewis - Joseph Roloson

The State of Ohio Delaware County: ss Court of Common

Pleas July Term 1845. Personally appeared in open

Court Thomas Lewis & Joseph Roloson who being duly

sworn depose and say, that the appear before them purporting

to be the last Will and Testament of Elizabeth Bockover now

deceased, was, by the said Elizabeth Bockover acknowledged,

published and declared to be her last will & testament, in the

presence of these deponents; that the said deceased was of lawfull

age, that she was of sound and disposing mind and memory

and under no restraint, as they verily believe; that they

subscribed the same and witnesses in the presence and at the

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

Joseph Roloson

Subscribed & Sworn to in open Thomas Lewis

Court this 8th day of July AD 1845 WD Heim Clerk.

Recorded the foregoing Will &e July 25 1845

Attest WD Heim clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 336)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 336)

Description

[page 336]

[corresponds to page 291 of Will Records Vol. 2 1835-1850]


291

Will of Evan Lewis decd


Proceedings had at the Court House in Delaware, on the

8th day of July AD 1845 before the Honorable Ozias Bowen

President & Ahab Jinks, William G Norris & Marshall

L Griffin Esqr his Associates, Judges of the Court of Com-

-mon Pleas in & for the County of Delaware in the State

of Ohio. This day the last will and testament of

Evan Lewis decd was proudced in open Court & proved by

the testimony of the subscribing witnesses thereto as reduced

to writing approved and ordered to be recorded.

In the name of God, Amen, I Evan Lewis of Radnor

Township, County of Delaware, being in perfect health of

body and of perfect mind and memory, thanks be given

unto God calling unto mind the mortality of my body

& knowing that it is appointed for all men once to die

do make and ordain this my last will and testament

That is to say principally and first of all I give & recommend

my soul into the hand of Almighty God that gave it and my

body I recommend to the Earth to be buried in decent

Christian Burial, at the discretion of my Executors nothing

doubting but at the general resurection I shall receive the

same again by the mighty power of God, and as touching

such wordly Estate wherewith it hath pleased God to bless

me in this life I give devise and dispose of the same in

x following manner and form. First I give and bequeath

to my well beloved sons Evan and Richard Lewis my

landed property consisting of seventy five acres situated

in Township & County aforesaid, bounded North of

David Williams Farm joining the road from Delhigh to

Scioto, the same to become their joint property in the following

manner, there being a balance of about Sixty dollars of the

purchase money unpaid in case my death should take

place before the said balance is liquidated, the different

crops that may be in the Ground at the time; to be sold

and as much of the proceeds as may be necessary to be applied

to the payment of the aforesaid balance, and what remains

of the proceeds over and above the payment of the said balance

to be held by my executors subject to the following bequests.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 337)

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Description

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292

I give and beqeath to my well beloved Sons Thomas, David &

John Lewis and my well beloved daughter, Martha Lewis

whom I like wise constitute make and ordain the joint executors

of this my last will & testament all my live stock, implements

of husbandry, together with my Household Furniture and

whatever balance may remain of the proceeds of my crop

after paying the arrearages due on the land subjects to the

folowing bequests. I bequeath to my well beloved daughter

Mary Thomas five dollars. I bequeath to my well beloved

daughter Elizabeth Williams the sum of five dollars.

I bequeath to my well beloved daughter Sarah Jones the

sum of five dollars. I will and bequeath to my well beloved

daughter Ann Lewis five dollars. I will and bequeath to my

well beloved daughter Winnifred Brown five dollars. And I

do hereby utterly disallow, revoke and disanul all and every

other former testaments, wills, legacies, bequests, and Executors

by me in any ways before named, willed and bequeathed;

satifying and confirming this, and no other to be my last will

and testament, in witness whereof. I have hereunto set my

hand and seal this second day of February in the year of our

Lord one thousand eight hundred and thirty nine.

Evan Lewis {seal}

Signed, sealed, published, pronounced and declared by the said

Evan Lewis as his last will and testament, in the presence

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

have hereunto subscribed our names.

John Humphrey - George Wolfley -

The State of Ohio, Delaware County, Ss Court of Common

Pleas July Term 1845 - personally appeared in

open Court John Humphrey and George Wolfley who being

duly sworn depose and say, that the paper before them pur-

-porting to be the last will and testament of Evan Lewis

now deceased, was by the said Evan Lewis acknowledged,

published and declared to be his last will and testament

in the presence of these deponents; that the said deceased was of

lawfull age, that he was of sound and disposing mind and memory

and under no restraint, as they verily believe; that they subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other.

John Humphreys George Wolfley -
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 338)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 338)

Description

[page 338]

[corresponds to page 293 of Will Records Vol. 2 1835-1850]


293.

Sworn to & subscribed in open Court this 8th day of July

Ad 1845. WD Heim Clerk


Recorded the foregoing Will &c July 25 1845

Attest. WD Heim Clerk


Will of Hiram Andress decd


Proceedings had at the Court House in Delaware on the 8th

day of July AD 1845 before the Honroable Ozias Bowen

President & Ahab Jinks, William G Norris & Marshall L

Griffin Esqr his Associates, Judges of the Court of Common

Pleas in & for the County of Delaware in the State of Oho.

This day the last will & testament of Hiram Andress

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing,

approved and ordered to be recorded. And thereupon on

motion of Polly Andress, the Executrix in said will named

It is ordered that letters testamentary be granted her upon

her entering into bonds in the sum of $500.00? with

William Leasure & Jacob Martin as security.

In the name of God Amen. I Hiram Andress of

the County of Delaware in the State of Ohio being of sound

and composed mind, but admonished of the frailty of

human life am resolved to arrange my earthly concerns

and dispose of the substance which the Lord hath committed

to my trust, do therefore make this my last will & testament

as follows. 1st That my funeral expenses and all my

legal debts be paid. 2nd That my beloved wife Polly

Andress, be and I do hereby appoint her my lawfull admin-

-istratrix to hold possession and have the control and

management of the Estate untill my youngest daughter

Luch Andress arrives to the age of eighteen years, after

which the estate entire shall be equally divided between the

three. Vix. my consort Polly Andress, my two daughters,

Eliza & Lucy Andress, also that is any legacy should

descend hereafter to me, that it be equally divided

between them, and after the decease of my wife Polly
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 339)

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Description

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294

Andress, that her portion of earthly substance be equally

divided between my two daughters Eliza & Lucy Andress

all of which so bequeathed to my two daughters Eliza

& Lucy, shall be secured to them and their heirs forever.

Given under my hand this seventeenth day of March

in the year of our Lord one thousand eight hundred &

forty five. Hiram Andress {seal}

In the presence of us -

Jacob Martin - William Leasure.

The State of Ohio Delaware County, Ss. - Court of Common

Pleas July Term 1845. Personally appeared in open

Court Jacob Martin and William Leasure who being duly

sworn depose and say, that the paper before them purporting

to be the last will and testament of Hiram Andress now

deceased, was, by the said Hiram Andress, acknowledged,

published and declared to be his last will and testament in

the presence of these deponents; that the said deceased was of

lawfull age, that he was of sound and disposing mind & memory

and under no restraint, as they verily believe; that they subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other.

Jacob Martin - William Leasure -

Sworn to & subscribed in open Court this 8th day of July

Ad 1845. WD Heim Clerk -

Recorded the foregoing Will &c July 25 1845

Attest. WD Heim Clerk


Will of Selah Gregory decd


Proceedings had at the Court House in Delaware before the

Honorable Ozias Bowen President & Ahab Jinks, William

G. Norris & Marshall L Griffin Esqr his Associates, Judges

of the Court of Common Pleas in & for the County of Delaware

in the State of Ohio, on the 9th day of July AD 1845 -

This day the last will & testament of Selah Gregory decd

was produced in open Court, & proved by the testimony of

the subscribing witnesses thereto as reduced to writing, approved
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 340)

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Description

[page 340]

[corresponds to page 295 of Will Records Vol. 2 1835-1850]


295

& ordered to be recorded. And thereupon on motion of Aaron

L Benedict & Daniel Osborn the Executors in said will

named. It is ordered that letters testamentary be granted

them upon their entering into bonds in the sum of $1200.00

with David Osborn & John Johnson as security. And it

is further ordered that David James, Shadrach Hubbell

& John Bunker appraise the personal property of said

estate. The last will & testament of Selah Gregory

I Selah Gregory of Delaware County and State of

Ohio being weak in body, but of perfect mind and memory

do make and devise my will in manner and form as follows

I give and bequeath to my son Benjamin Gregory and to

his heirs and assigns forever, the following described piece of

land, a part of what I now own, situated in the fourth

Quarter of the seventh Township and seventeenth Range of

the United States Military Lands, in the State of Ohio, being

parts of lots No. sixteen and seventeen and bounded as

follows: commencing in the center of the State Road on the

North line of Lot No. Sixteen, thence East to the North East

corner of said lot No. Sixteen, thence South along the East

line of said lot to David James' land, thence West to the

center of the State Road, thence, Northerly along the center

of the State Road to the place of beginning be the same more

or less; also another part of said lot No. Sixteen and apart

of lot No. seventeen and bounded as follows; on the South by David

James' land, on the west by the west line of said lot No

seventeen, on the North by a piece of land containing fifty

acres, that I deeded to my son-in-law Edward Barnard

and on the East by the center of the State Road be the same

more or less; also my best bed and bedding, plows, clevis,

grubbing hoe, chains, augers, saws, crowbar and square as

his full share. I give and bequeath to my daughter Lorrancy

Barnard one dollar in addition to what she has heretofore

had, as her full share. And further, after all my just

debts and funeral charges have been paid, I give & bequeath

to my five children, namely Huldah Barnard, Sarah

Orvis, Isaac Gregory, Philena Morchonse and James Gregory

and my three grand children Stephen Gregory, George Gregory

and Susan Gregory / my three grandchildren to have

one share all the remaining part of my land to be so
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 341)

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Description

[page 341]

[corresponds to page 296 of Will Records Vol. 2 1835-1850]


296.

divided amongst them as to give each an equal share

taking into consideration, what each of them have heretofore

had, which will be seen by referring to my notes and accounts

against them and memorandums that I have kept.

Also my personal property to be equally divided between

my above named five children, and three grand children

(my three grand children still have one share only)

Finally I hereby nominate and appoint Aaron L Benedict

and Daniel Osborn Executors to this my will declaring

this and no other to be my last will and testament

In witness whereof, I have hereunto set my hand and

affixed by seal this twenty ninth day of fifth month

AD one thousand eight hundred and forty five.

Selah Gregory {seal}

Signed, sealed and declared by the said Selah Gregory

in the presence of us. David Osborn, Samuel Peasly,

John Johnson - The State of Ohio Delaware County Ss

Court of Common Pleas July Term 1845.

Personally appeared in open Court David Osborn, Samuel

Peasly & John Johnson who being duly sworn depose & say

that the paper before them purporting to be the last will

and testament of Selah Gregory now deceased, was, by the

said Selah Gregory acknowledged, published and declared

to be his last will and testament in the presence of these

deponents; that the said deceased was of lawfull age, that

he was of sound and disposing mind and memory, and

under no restraint, as they verily beleive; that they subscribed

the same as witnesses in the presence and at the request

of the testator, and in the presence of each other.

David Osborn, Samuel Peasley, John Johnson

Sworn to and subscribed in open Court, this 9th day

of July AD 1845 - WD Heim Clerk


Recorded the foregoing Will &c July 26 1845

Attest. WD Heim Clerk.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 342)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 342)

Description

[page 342]

[corresponds to page 297 of Will Records Vol. 2 1835-1850]


297

Will of Henry Jackson decd


Proceedings had at the Court House in Delaware on the

9th day of July Ad 1845 before the Honorable Ozias Bowen

President & Ahab Jinks, William G Norris & Marshall

L Griffin Esqr his Associates, Judges of the Court of

Common Pleas in & for the County of Delaware in the State

of Ohio. This day the last will and testament of

Henry Jackson decd was produced in open Court & proved

by the testimony of the subscribing witnesses, thereto as

reduced to writing, approved and ordered to be recorded.

And thereupon on motion of Abraham Jones the Executor

in said will named, it is ordered that letters testamentary

be granted him, upon his entering into bonds in the

sum of $150.00? with Job Ligget & Joab Ligget as

Security. In the name of God Amen, I Henry

Jackson of the County of Delaware in the State of Ohio

being weak in body, but sound in mind, memory &

understanding, knowing life to uncertain, and that

all flesh must die, This being my last will and testament

I first commit my spirit to God who gave it, and my

body to the dust from whence it was taken to be buried

decent at the discretion of my friends and after my

funeral expences, and all my honest debts and fully

paid, I give and bequeath to my loving wife Elizabeth

Jackson all my personal property with the land that

I now am in possession of, to have all the benefits and

enjoyments thereof so long as she may live and after her

decease and such expences that is necessary is satisfied for

her funeral, It is my will that all my estate both real

and personal be sold at public vendue by my Executors &

the money arising from the same to be equally divided

between Mary Lucas and her daughter Mathilda, Thomas

Jackson son of Hannah Jackson and Henry Eavans

son of Mahala Eavans formerly Mahala Jackson, with

the exception of one dollar to each of my children, namely

Charity Bruce, Leonard Jackson, James M.C. Jackson,

Mahala Eavans, Hannah Jackson and Eliza Larrison

And Lastly I hereby constitute and appoint Abraham
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 343)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 343)

Description

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[corresponds to page 298 of Will Records Vol. 2 1835-1850]


298

Jones to be the Executor of this my last will and testament

revoking and annulling all former wills by me made and

ratifying and confirming this and no others to be my last

will & testament, in testimony whereof I have hereunto

set my hand and seal this fourth day of February one

thousand eight hundred and forty five

his

Henry X Jackson {seal}

mark

John C. Salsbury, Lewis Jones

The State of Ohio Delaware County: Ss Court of Common

Pleas July Term 1845. Personally appeared in open

Court Lewis R Jones & John C Salsburg who being duly sworn

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

the last will and testament of Henry Jackson now deceased

was by the said Henry Jackson acknowledged, published

and declared to be his last will and testament in the presence

of these deponents; that the said deceased was of lawfull age,

that he was of sound and disposing mind and memory, and

under no restraint, as they verily beleive; that they subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other.

J.C. Salsbury - Lewis Jones

Sworn to & subscribed in open Court this 9th day of July

Ad 1845 - WD Heim Clerk.

Recorded the foregoing Will &c July 26, 1845

Attest. WD Heim Clerk


Will of Stephen S. Eaton decd


Proceedings had at the Court House in Delaware on the

21st day of October AD 1845 before the Honorable Ozias Bowen

President & Ahab Jinks William G Norris & Marshall L Griffin

Esqrs his Associates Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio

Journal 12 Page 358

This day the last will & testament of Stephen S Eaton decd was

produced in open Court & proved by the testimony of the subscribing

witnesses thereto as reduced to writing approved & ordered to be

recorded and ~~~
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 344)

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Description

[page 344]

[corresponds to page 299 of Will Records Vol. 2 1835-1850]


299

Thereupon Olive Eaton the widow of said Stephen S. Eaton

appeared in open Court and made her election to take under the said

will and the said Olive Eaton being the Executrix in said will named

on motion it is ordered that letters testamentary be granted her upon her

entering in to bonds in sum of $2000.00 dollars with Jesse Armstrong

and Alexander G. Elliott as Security and it is further ordered that

Samuel Kenyan Caleb Hall and Freeman Case appraise the

personal property of said Estate. In the name of

God Amen, I Stephen S Eaton of Orange Township Delaware County

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

in manner and form following that is to say

First it is my will that my funeral expences and all my just debts be fully

paid Second I give devise and bequeath to my well beloved wife Olive Eaton

during her natural life in lieu of her dower all that tract of land as deeded to

me by Osley Leeds & wife of the date of Oct 12th 1841 containing one hundred

and thirty seven acres more or less bounded as follows Begining at the

South East corner of said lot on the section line thence west along

Samuel King on & George Goodins land to the tier line thence, north

on said tier line to the north west corner of said lot thence East

along John Canine & Freeman Cases land to Section line thence on

said Section line to the place of begining to be hers during her

natural life to use improve enjoy and occupy quietly & peacebly

and at my said wife deceased Give begueath and demise all the above

described tract of land with all the privaleges and appertinances

thereunto belonging in fee simple unto my eldest son Levi D Eaton

to him and his heirs forever & further give to my eldest son Levi D Eaton

at my said wife decease if not paid before four hundred dollars

in notes or stock at the appraisement of three good disinterested

men as hereinafter provided for Third also further I give bequeath

and demise unto my well beloved wife Olive Eaton all that tract of

land comprising my homestead during her natural life situate in Orange

Twp in said County containing about one hundred and fifty seven

acres more or less with all the privileges and appurtenances thereunto

belonging bounded as follows on the south by Truman Case & John

Canine on the west on John Canine on the North on Alonzo Williams

heirs on the east on the section line Also all that tract of land lying

East of my present resident containing seventy eight acres more or

less with all the privileges thereunto be longing bounded as follows

on the North on the County Road on the East on Buel Fisk on the south

on E McCloud & Truman Case on the west on the State Road to be

hers to use occupy improve and enjoy during her natural life
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 345)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 345)

Description

[page 345]

[corresponds to page 300 of Will Records Vol. 2 1835-1850]


300


And all the live stock horses cattle sheep & hogs also all the grain

grown & growing upon my lands together with the hay and other

crops also all the household furniture and other items not

particularly named and otherwise disposed of in this will and

all notes and moneys belonging to me during her natural life as aforesaid

She however first disposing of a sufficiency thereof to pay my Just

debts as aforesaid Fourth I give and bequeath unto my Daughter

Eliza Eaton Crookshanks four hundred ninety dollars and Fifty cents

to be paid at the death of my said wife in notes or stock if not

paid before at the appraisment of three good disinterested men as

herein after provided for And fifth I give devise and bequeath

to my second son Stephen L. Eaton at my said wife decease all the

two last described tracts of land in fee simple to wit all that tract of

land comprising my homestead containg one hundred and fifty seven

acres more or less with all the privileges and appertenances thereunto

belonging and bounded as follows on the south by Truman Case &

John Canine on the west by John Canine on the North by Alonzo

Williams heirs on the East by the section line also all that tract of

land lying East of my present residents containing Seventy Eight acres

more or less with all the privaleges thereunto belonging to him and to his

heirs and assigns forever bounded as follows, on the North on the County

Road on the East by Buel Fisk on the south by E McCloud &

Truman Case and on the west by the State Road also all the live

stock horses, cattle, sheep hogs that belong to said farm and all

the farming utensils by me owned also all the houshold furniture

and other items not particularly named and otherwise disposed of

in this will provided & bind my seccond son Stephen L Eaton

to pay my oldest son Levi D. Eaton at the death of my said wife

if not paid before that time four hundred dollars in Notes or

stock to be appraised by three good disinterest men if my two

sons cannot agree on the prices. Also bind my second son Stephen

L Eaton to pay to my Daughter Eliza Eaton Crookshanks at the

death of my said wife if not paid before that time four hundred

and ninety dollars and fifty cents in Notes or Stock to be appraised

by three good disinterested men. And lastly I hereby constitute and

appoint my said wife Olive Eaton to be the Executor of this my last

will and testament Revoking and annulling all former will by

me made and ratifying and confirming this and no other to be my

last will and testament In testimony whereof I have hereunto set

my hand and seal this fourth day of May AD 1844

Stephen S. Eaton {seal}

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 346)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 346)

Description

[page 346]

[corresponds to page 301 of Will Records Vol. 2 1835-1850]


301

Signed published and declared by the above named Stephen

S. Eaton and for his last will and testament in presence of us who at his

request have signed as witnesses to the same believing him to be of sound

mind memory and understanding Caleb Hall Joseph Leonard

The State of Ohio Delaware County Ss Court of Common Pleas October

Term 1845 Personally appeared in open Court Caleb Hall & Joseph

Leonard who being duly sworn depose and say that the paper before them

purporting to be the last will and testament of Stephen S Eaton now

deceased was by the said Stephen S Eaton acknowledged published and

declared to be his last will and testament in the presence of these deponents

that the said deceased was of lawful age that he was of sound and

disposing mind and memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence and at the

request of the testator and in the presence of each other

Sworn to and Caleb Hall Joseph Leonard

Subscribed in open Court this 21st day of October AD 1845

WD Heim Clerk


Recorded the foregoing will be October 31st 1845

Attest. WD Heim Clerk


Will of Rosannah Porter decd.


Proceedings had at the Court House in Delaware on the 22nd day

of October AD 1845 before the Honorable Ozias Bowen President &

Ahab Jinks William G Norris & Marshall L Griffin Esqs his

Associates Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio. This day the last will &

testament of Rosanah Porter decd was produced in open Court &

proved by the testimony of the Subscribing witnesses thereto as

reduced to writing approved and ordered to be recorded

Delaware County State of Ohio. I Rosannah Porter of the

said County and State in view of the uncertainty of life and

certainty of Death for the disposition and disposal of this worlds

goods real and personal with which it has pleased God to entrust me

do make ordain declare and publish this my last will and

testament and first I commit my soul to God who x it and

request my Body to be decently Buried - and debts (of which

I hope there will be none) to be fully paid off

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 347)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 347)

Description

[page 347]

[corresponds to page 302 of Will Records Vol. 2 1835-1850]


302

2nd I devise and Bequeath unto William Porter my second

Son his heirs and assigns for ever all the real estate lands and

tenements owned and possessed by my in the said County of

Delaware and State aforesaid to and for his and their only

proper use and benefit. 3rdly I devise give and bequeath

unto Eleanor Cratty my only daughter all my wearing apparel

goods and chattels money on hand and debts due me when

Collected and lastly I nominate and appoint William

C Lawrence the executor of this my last will hereby revoking

and cancelling all wills and parts of wills by me executed

prior to this date and establish this and this only

In testimony whereof I the said Rosannah Porter have hereunto

set my hand and seal this eleventh day of July in the year of our

Lord one thousand Eight hundred and thirty seven in presence of

her

Rosannah x Porter {seal}

mark

Signed sealed declared and published as the last will of

Rosannah Porter in our presence and by us attested at her

request as subscribing witnesses the date aforesaid

Joseph Lawrence Mary Lawrence

The State of Ohio Delaware County Ss. Court of Common

Pleas October Term 1845 Personally appeared in open court

Joseph Lawrence and Mary Lawrence who being duly sworn

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

last will and testament of Rosannah Porter now deceased was

by the said Rosannah Porter acknowledged published and

declared to be her last will and Testament in the presence of

these deponents that the said deceased was of lawful age that

she was of sound mind and memory and under no restraint as

they verily believe that they subscribed the same as witnesses

in presence and at the request of the Testator and in the presence

of each other Joseph Lawrence Mary Lawrence


Sworn to and subscribed in open Court this 22nd day of October

AD 1845 WD Heim Clerk


Recorded the foregoing will &c November 1st 1845

Attest WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 348)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 348)

Description

[page 348]

[corresponds to page 303 of Will Records Vol. 2 1835-1850]


Will of David Wilson decd


303

Proceedings had at the court House in Delaware on the 22nd day of October

AD 1845 before the Honorable Ozias Bowen President & Ahab Jinks William

G Norris & Marshall L Griffin Esqr his associates Judges of the Court of

Common Pleas in & for the County of Delaware in the State of Ohio

This day the last will & testament of David Wilson decd was produced

in open Court & proved by the testimony of two of the subscribing

witnesses thereto as reduced to writing approved & ordered to be recorded

thereupon Charlotte Wilson widow of said David Wilson decd

in writing makes Known to the Court her election to take under the

will of said deceased. I David Wilson of the County of Delaware

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

Item First I give and devise to my Beloved wife all my personal Estate

of any and every description she however selling so much thereof as may

be sufficient to pay my Last debts & also give and devise to my beloved

wife the use of all my real Estate so long as she shall remain widow

but in case my wife should Intermarry two thirds of said real Estate

to become the property of my children she retaining the use of one third

only & further direct that after the termination of my wifes interest in

a part or in the whole of my real Estate that it be divided Equally

among my four children that is to Susan Katherine one part to Harriet

one part to Mary Jane one part and to Olive Ann one part but in case

of the death of any one or more of my children before the property above

devised shall fall into her or their hands leaving no children living the

Estate to be equally divided among those that are living and the heirs

of those that are deceast the heirs taking the parents portion

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

four children untill they shall arive at the age of twenty one years

or shall Intermarry in case my wife should Intermary I appoint

my Brother James Wilson guardian for my children in her sted

I hereby nominate and appoint my beloved wife Executrix and

James Wilson Executor of this my last will and Testament authorizing

and impowering them to compromise adjust release and discharge the

debts and claims due me In testimony whereof I have hereunto set

my hand and seal this thirtieth day of January AD 1843

David Wilson {seal}


Signed and acknowledged by sd David Wilson as his last will

and Testament in our presence. Thomas Nance Ebenezer E

Morehouse David Cook
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 349)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 349)

Description

[page 349]

[corresponds to page 304 of Will Records Vol. 2 1835-1850]


304


The State of Ohio Delaware County Ss

Court of Common Pleas Oct. Term 1845 Personally appeared

in open Court Ebenezer E Morehouse & David Cook who being

duly sworn depose and say that the paper before them purporting

to be the last will and Testament of David Wilson now deceased

was by the said David Wilson acknowledged published and

declared to be his last will and Testament in the presence of these

deponents & of Thomas Nance that the said deceased was of lawful

age that he was of sound and disposing mind and memory and

under no restraint as they verily believe that they subscribed the

same as witnesses in the presence and at the request of the Testator

and in presence of each other & of said Nance

Ebenezer E Morehouse David Cook

Sworn to and subscribed in open Court this 22nd day of

October AD 1845 WD Heim Clerk

Recorded the foregoing will &c November 1st 1845

Attest WD Heim Clerk


Copy of the Will of Armistead M Barry decd


Proceedings held at the Court House in Delaware on the 22nd day

of October AD 1845 before the honorable Ozias Bowen President &

Ahab Jinks William G Norris & Marshall L Griffin Esqr his

Associates Judges of the Court of Common Pleas in & for the County of Delaware

in the State of Ohio On Motion of Mr Buck & upon producing

the authenticated copy of the last will & testament of Armistead M Barry

decd proved according to the laws of the State of Kentucky & having

relation to property in this State It is ordered that the said will be

admitted to record among the record of wills for this County

I Armstead M Barry of the City of Lexington and State of Kentucky being

of sound and disposing mind do in the name of God make this my last will

and Testament hereby revoking all other wills heretofore made by me.

I give and bequeath all my Estate real personal and mixed equally to my

dear Brother Andrew Jackson Barry and to my dear niece Lucy Catherine

Barry daughter of my lamented Brother John W Barry decd I constitute and

appoint my friend and Brother in law James Taylor An Executor of

this my last will and Testament and direct that no security shall

be required of him in the performance of his duty as Executor I hereby fully

authorise and empower him to make sale of my part or of all my
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 350)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 350)

Description

[page 350]

[corresponds to page 305 of Will Records Vol. 2 1835-1850]


305

Estate real or personal and mixed in such manner as he may deem proper

and fit to do and I direct that he shall apply the proceeds to the payment of my

debts and after that has been done to apply the balance in such manner as his

Judgement may dictate to be most advantagious for two heirs above named

at his discretion Either to reinvest the proceeds in property or if he my said

Executor should deem it advisable so to do to apply the proceeds for their

education and maintenance my said Executor is to have this control of my

estate and discretion over the same until the said Andrew Jackson Barry

shall have attained the age of twenty one years When the one moiety of my

estate is to be paid over to him and my aid Executor is to retain the power over

the remaining half untill the period of said Lucy Catherine Barry attaining

the age of twenty one years and at that time she is to be put into the possession

of the other moiety of my estate the payment of their respective portions

to my two heirs at the times specified is to be diminshed by the same expen-

-ded by my said Executor in the payment of my debts and of the necessary sums

chargeable in the settling of affairs of the estate and is also to be

diminished by the same he may deemed fit to apply for their use and benefit

during the continuance of their minority I give to my beloved mother

Catherine A Hickey my mahogany desk after my Executor shall have

removed from it all the papers and contents I give to my beloved sister

Susan L Taylor the portrait of our beloved father painted by

Jorett and now at her house to my friend and Brother in law James Taylor Jr

I give all my Books and papers and also the papers of my Father. In case

the said Andrew Jackson Barry shall die before attaining the age of

twenty one years and without lawful issue of his boddy there that portion

of my estate bequeathed to him as before recited shall devolve upon the

said Lucy Catherine Barry who shall be entitled to the whole of my estate

in that event save and except two hundred acres of land part of military

Survey No. 3350 in the Virginia District of Ohio and which was conveyed to

me by Stevens T Mason and his mother as appears by their deed to me

dated the first day of February 1839 said deed embracing it with other

lands which two hundred acres so reserved in the before mentioned cont

ingency I devise and direct to desolve upon John Barry Taylor son of

my sister Susan L Taylor. In case said Lucy Catherine Barry should

die before attaining the age of twenty one years and without children then

that portion of the estate which I have bequeathed to her shall desolve

upon the said Andrew Jackson Barry save and except the two hundred

acres of land of military survey no. 3350 in the Virginia district of

Ohio and which was conveyed to me by Steven T Mason and his

mother as appears by their deed to me dated the first day of

February 1839 said deed embracing it with other lands which
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 351)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 351)

Description

[page 351]

[corresponds to page 306 of Will Records Vol. 2 1835-1850]


306

Two hundred acres so reserved in this contingency of the death

of said Lucy Catherine Barry & desire and direct to devolve upon

John Barry Taylor son of my sister Susan L Taylor In case that

both said Andrew Jackson Barry and said Lucy Catherine Barry

shall die before their majority and leave no heirs of their body then

and in that event it is my wish and direction that the whole of my estate

shall devolve upon my dear sister Susan L. Taylor and her heirs

In testamony whereof (the whole of this will being written with my

own hand) I have hereunto subscribed my name and affixed my

seal this fourteenth day of May in the year of our Lord one thou-

sand Eight hundred and forty two. A M Barry {seal}

Codicil to the foregoing Will It is not my intention to require

my executor to make sale of my lands and other property but

to leave it his discretion and judgment to sell any or all of my

property and to reinvest the money in such ways as to him may

appear propper for the purposes within declared by me April

14th 1842 A M Barry

I find in examining the foregoing that the date of April 14th

1842 has been enserted in the codicil instead of May 14th 1842

which error it is hereby my intention to correct A M Barry

December 2nd 1842 If James Taylor Jr Shall not choose to

act as my Executor because of the great amount of business on

his hands & hereby substitute in his stead my friend Samuel

R Bullock Esq of Fayette Co. to act as my Executor with the

same authority in all respects & with out security.

A.M. Barry Dec 4th 1844

I hereby add the following codicil to the foregoing Will revoking

the same so far, as to appropriate to the use and benefit of my beloved

mother Catherine A Hickey during the term of her natural x but no longer

the rents and profits of the house and lot owned in part by me and which

is situated on Sycamore Street in the city of Cincinnati being the front

property of James Taylor Jr & myself my mother is to have the enjoyment

of the profits of this house & lot aforesaid but at her decease it shall go

to the heirs whom I have designated before & in the manner recited

in the body of this will witness my hand and seal this 7th day of

February AD 1844 A M Barry {seal}

I make this additional codicil that it is my intention that my mother

Catherine A Hickey shall have the services of Peter during her life time

& that he shall then go to the heirs I have desgnated before & in the

manner recited in the body of this will Witness my hand & seal the 18th

day of May AD 1844 A M Barry {seal}

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 352)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 352)

Description

[page 352]

[corresponds to page 307 of Will Records Vol. 2 1835-1850]


307

The two codicils foregoing are intended to be on the following condition the life

estate given to my mother C A Hickey in the house in Cincinnati & in the

negro Peter shall cease and determine in case of her marriage & immediately upon

such marriage shall go to the heirs I have designated before & in the manner

recited in the body of this will Witness my hand & seal this 24th day of May

AD 1844 A M Barry {seal}

Fayette County Sct June court 1845 the forgoing Instrument of writing

purporting to be the last will and Testament of A. M. Barry decd together

with the codicils thereto annexed was this day produced in court and proven

by Leond B Rhoton and to H Hervey to be wholly in the proper handwriting

of said decst and ordered to be recorded which is truly done in my office.

In Testemony whereof I have hereunto set my hand and affixed

{seal} the seal of said Court this date aforesaid

James C Rodes Clerk

Fayette County Ss I James L Hickman the Presiding Judge

and Justice of the County Court afsd do certify that JC Rodes whose

name is signed to the above certificate is and was at the date thereof clerk

of our said Court duly appointed and qualified as the law directs and

that his said certificate and attestation is in due form Given under

my hand this 15 day of Oct 1845 James L Hickman P J P F C C


Recorded the foregoing authenticated copy of Will &c

Nov 5th 1845 - Attest WD Heim Clerk


Copy of the Will of Stephen Thompson Mason decd


Proceedings had at the Court House in Delaware on the 22nd day of

October AD 1845 before the Honorable Ozias Bowen President &

Ahab Jinks William G Norris & Marshall L Griffen Esqr his asso-

ciates Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio On motion of Mr Buck & upon

producing the authenticated copy of the last will & testament of Stephen

Thompson Mason decd proved according to the laws of the State of Virgin-

ia & having relation to property in this state It is ordered that the said will

be admitted to record among the record of Wills for this County

I Stephen Thompson Mason of Loudoun County and Commonwealth of

Virginia being of sound and disposing mind and memory but in bad health

for the recovery of which I x about to make a long Journey reflecting that

it is ordained for all men to die and being uncertain how soon or how
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 353)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 353)

Description

[page 353]

[corresponds to page 308 of Will Records Vol. 2 1835-1850]


308


Sudenly I may be summoned from this world deem it necessary to make

and ordain this my last will and Testament hereby revoking all others

by me heretofore made my soul being entirely at the disposal of the almighty

author of it I conceive it to be no fit subject of this my will and my body

when deprived of it will be of so little consequence as to give as to give

me no present solisitude about it as to my religious opinions I see no

necessity of giving an account of them here and whatever they are or may

be is of no importance to the world or to those who after my desease may

enjoy my estate which I dispose of in manner following viz

Imprimis, I give and bequeath unto my beloved wife Mary Mason for and

during her natural life all that part of the land on which I now live incl

uded within the following boundaries to wit Begining at the corner of the

fence on the main road being the southeastwardly corner of the farm

meadow thence to the northwestwardly part of the new gate on the hill above the

house that Benjamin Jackson lives in thence to a white oak on the old road

marked F A being the second corner to Joseph Dixons patent thence to where the

Spring branch in Castles field empties into the run thence up the run and the

large ditch cut through the old meadow and continuing the last course of

that ditch till it shall strike the line between my land and my brother

John Tompson Masons land thence with that line to the land lately the prope=

rty of Col. Burgess Ball deceased. thence with the lines of that land seperating

from mine to a red oak corner on the main road thence along the main road

with my lines to the begining be the said quantity of land more or less

my said wife is also to have during her widowhood the privilege of getting

off the land I purchased of the Mercers and of James Ball any timber

wood or stone she may have occasion for to support the land herein devised to

her It is also my will and desire that the house now building on the hill shall

be completed and finished at the expense of my estate and at the like

expense such wings & additions offices inclosures & other conveniences

and improvements be made as may suit with the stile of the principal

building Item I give and bequeath to my said wife the like estate in the

following slaves viz Billy and his wife Bett with all her children & grand

children Isaac, Tom, Gilbert, Seilly, Partenee, Letitia, Wilson, Mary,

(the daughter of Winny) Barney, Syphax, Grace, Fanny and her two younger

Children and Lucy Item I give and bequeath unto my said wife Eight

of my best mules or at her option eight good work horses eight good oxen the

choice of twelve cows, a good waggon two oxcarts the horse cart and all such

plantation tools and utensils as may be necessary to work her farm also

my chariot and the horses friendship & Scott a good riding horse to be procured for

her the large bay mare call Jack & the friendship mare bought of Littleton

all my plate household and kitchen furniture my books maps pictures
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 354)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 354)

Description

[page 354]

[corresponds to page 309 of Will Records Vol. 2 1835-1850]


309

and prints It is my wish that such of the books as she may not want for her

own Library she will give and divide at her discretion among my sons and it is

my will and desire that my said wife should have the power & she is hereby au-

thorised at any time whether she be covert or single to give by deed or will

in writing any of the slaves devised to her for life to all or any our children

in absolute fee simple should it be found or thought more advisable to

work the whole of Raspberry plain and the adjacent lands in common for the

benefit of my family or so long as the same may be done it is my will that the

family be furnished with all necessary supplies the produce of the farm

and that my wife draw one third of the nett profits arising from its culti

vation in case of a separation of the property my wife is then to be furni

shed with the articles above mentioned & one third of the hogs & sheep the

provision herein made for my wife is declared to be in lieu of dower

& all other claims upon my estate Item I give and bequeath to my

brother John Thompson Mason and his heirs forever one hundred acres

of the lands I purchased of James & John Mercies Esquires to be laid

off adjoining his land to extend to the back line across the moutain

and bounded on the north and south by two lines extended from two red

oaks at the edge of the mountain one of Subury corners & a poplar and

gum on the run another of the corners of Suberry but this devise is not to

be considered as in any manner discharging what I am indebted to him

or any part thereof Item I give and bequeath unto ^Mrs Fanny Elizey the wife

of Cole William Ellzey her choice of Winneys two daughters Lanney and Eve

Item I give and bequeath unto Ann the wife of Thomas Hunt and her heirs

the negro girl Silvia and the boy Talbot now in the possession of the said

Thomas Hurst I also give and bequeath unto the said Ann & her heirs forever

one equal moiety of a tract of land on the waters of Scioto in the State of Ohio

containing one thousand acres for which a survey in my name or assigned

to me is now lying in the office of the secretary of state at the city of Wash-

ington and on which a patent has probably issued I also direct that there

shall be paid to each of the children of the said Ann which she has or may

have one hundred dollars out of my estate as such children shall respectively

arrive at the age of twenty one years or marry and the like sum to the said Ann

should she become a widow Item I give and bequeath all the residue of

my estate both real and personal wheresoever it may be or in whatsoever it

may consist to my beloved wife Mary Mason and my dear Brother John

Thompson Mason and their heirs and the heirs of the survivor of them in

trust for the following use. vix. all the said estate is hereby made charge-

able with the sum of ten thousand dollars to be paid to my brother

John Thompson Mason which I believe is rather less than & at present

owe him on account of his claim upon our fathers estate and liberal
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 355)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 355)

Description

[page 355]

[corresponds to page 310 of Will Records Vol. 2 1835-1850]


310


Sums he has at different times advanced me any payments hereafter

made to him to be deducted from that sum also for the support and

maintainance of the family I ^may leave the payment of my debts and legacies

and the education and advancement of my children hereby giving to my

said trustees or the survivor of them full power and authority to sell

any part of my estate devised in trust as aforesaid and to invest any

part of the proceeds thereof as well as the profits of such part of my estate

as may remain in the hands of my said trustees or the survivor of them either

in the improvement of my estate or in the purchase of any other property

for the use and benefit of my chldren and to provide for and portion

out of my estate all or any of my children (whether living at the time of my

decease or born afterwards in such time and manner as my said trustees or the

survivor of them may conceive their situation in life may require or their

merits may justify and such division or apportionment of my estate among

my children should not take place during the joint lives of my said trustees

that in such case the survivor of them may be deed or will at any time or

times dispose of the whole or any part of my estate whether now possessed by

me or may hereafter in any manner be required by me or by them in virtue of this

trust in such manner to or among my children as such survivor may think

reasonable or proper hereby delegating to my said Trustees and the survivor of

them all the power in that respect which I could my self (if living) exercise over

the said property in the fullest confidence that my children will find my last

supply'd in a parental case and attention from those to whom I have entrusted

them and their property I appoint my said brother John Thompson Mason

Guardian of my sons and my wife Guardian of my daughters having no doubt

but that a proper attention will be paid to their education I think it only

necessary to declare it to be my will and desire that no proper expence may be

spared even to the full extent of my property (if necessary) to render them good

and useful members of society according to their respective capacties. But

it is my will that if my wife should marry again the trust estate as well

as the Guardianship of my daughters herein desired and delegated to her shall

from thenceforth as to my said wife cease & determine and desolve solely and

entirely upon my said brother John Thompson Mason this precaution does

not at all proceed from any distrust or want of confidence in my beloved

wife who has always given abundant proof that she is entitled to all that

I could repose in her nor from any wish to restrain her from a second marriage

should she conceive it condusive to her happiness but her own good sense and

reflection will point out the prudence & propriety of guarding against the

possibility of committing our children or their fortunes to the power of

a stranger Item It is my will and desire that my slave and stock

(except such as it may be deem necessary or advisable to sell be kept on
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 356)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 356)

Description

[page 356]

[corresponds to page 311 of Will Records Vol. 2 1835-1850]


311

my lands in Loudoun and my farms continue to be worked and carried on

until my trustees shall judge and determine that it would be most benefic

ial to depart from the said place in whole or in part Lastly I constitue and app-

point my said brother John Thompson Mason Executor of this my last will and

testament and my sons Armstead Thompson Mason John Thompson Mason &

Stephen Thompson Mason Jr as they shall respectively attain the age of twenty

one years to be joined with my said brother in the said Executorship In witness

whereof I have hereunto set my hand & affixed my seal this 22nd day of April

in the year of our Lord one thousand eight hundred and and three

Ste. Thom Mason {seal}

Signed sealed published & declared by the Testator to be his last will &

testament in presence of us who at his request in his presence & in the presen-

ce of each other have subscribed the same as witnesses Fra. H Payton Hugh

Douglass Armistead Long Robert Armistead At a court held for Loudoun

county the 11th day of July 1803 This last will and testament of Stephen

Thomas Mason decd was proved by the 6th of Hugh Douglas Armistead Long

& Robert Armistead subscribing witnesses thereto and is ordered to be

recorded and on the motion of John Thompson Mason one of the Executors there

in named who made oath thereto and together with Daniel C Brent and

John Mason his securities entered into and acknowledged their bond in the

penalty of forty thousand dollars conditioned as the law directs certificate

is granted him for obtaining a probate in due form liberty being reserved

for the other executors in the said will named to join in the probate where

they respetively attain the age of twenty one years Test C Binns Clerk

At another court held for said County the 8th day of June 1812 On the motion

of Armistead T Mason another of the Executors named in the said will of Stephen

T Mason decd who made oath thereto as the law directs and together with Hugh

Doublas and William Ellzey his securities entered into and acknowledged bond

in the penalty of $10,000. conditioned as the law directs certificate is granted him

for joining in the probate thereof Test C Binns Clerk

At a Court held for Loudoun County the 10th day of May 1819 on the motion of John

Tellason Jr another of the Executors named in the will of Stephen Thompson

Mason decd who made oath thereto as the law directs together with Charles P.

Jutt George M Chichester his securities entered into and acknowledged

a bond in the penalty of Ten thousand dollars conditioned as the law directs

certificate is granted him for joining in the probate thereof

Test C Banns Clerk

A copy Test Chs. G Eskridge Clk

Virginia Loudoun County & et I charles G Eskriege Clerk of the County

Court of Louden in the State of Virginia do hereby certify that the foreg-

-oing is a true copy of the last will and testament of Step Thom Mason decd

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 357)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 357)

Description

[page 357]

[corresponds to page 312 of Will Records Vol. 2 1835-1850]


312

as of record in my office In testimony whereof I have hereunto

set my hand and affixed my seal of office & the

{seal} day of December 1843 and in the 68th year of

the Commonwealth Chs G Eskridge Clk

Virginia Louden County to wit I Ariss Buckner presiding Justice

of the County of Loudoun in the State of Virginia do hereby certify

that Charles G Eskridge who hath given the preceding certificate is

Clerk of the said Court and that his said attestation is in due form

given under hand this 21st day of December 1843 Ariss Buckner


Recorded the foregoing authenticated copy of will Nov 7th 1845

Attest. WD Heim clerk -


Will of John Beakley decd


Pleas held at the Court House in Delaware at a special Court

held on the 25th day of November AD 1845 before the Honorable Ahab

Jinks William G Norris & Marshall L Griffin the Associate

Judges of the Court of Common Pleas in & for the County of

Delaware in the State of Ohio This day the last will and testament

of John Beakley Decd was produced in open Court & proved by

the testimony of the subscribing witnesses thereto us reduced to writing

approved and ordered to be recorded And thereupon on motion of John

Kuhns the Executor in said will named it is ordered that letters

testamentary be granted him upon his entering into bonds in the

Sum of $3000.00? with Joseph Mangans & William S Riley as security

And it is further ordered that William M Warren William Cratty

& James Ritchey appraise the personal property of said Estate

In the name of the benevolent Father of all I John Beakley of

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

last will and testament as follows 1st I give and devise to my beloved

wife in lieu of her dower all my real estate and personal property

which I now own during her natural life if she remains unmarried

She however selling so much thereof as may be sufficient to pay my

Just debts And I further enjoin on my said wife the support

of my children during their minority and while any or all of them

may remain with her If my wife Marries again she shall then

be entitled to dower as the laws of Ohio may point out If my

wife intermarries and if not at her death such part of the said
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 358)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 358)

Description

[page 358]

[corresponds to page 313 of Will Records Vol. 2 1835-1850]


313

personal property or the proceeds thereof as may then remain uncon=

=deemed and unexpended shall be sold for the benefit of my children

equally 2nd I devise and bequeath to my son Jacob and daughters

Ruana Lane, Magdala, Ann Suffia and Sarah Ann at the death

of my wife a partition of all my real estate (reference is hereunto had to

deeds on record in the proper office) giving my son Jacob the choice of

location and one thousand dollars in value more than any one of the

other children the others to have equal shares in value 3rd I do hereby

nominate and appoint my beloved wife Guardian of each and all of my

said children and I do hereby enjoin on her as guardian to give my

children a good english education and to rear them in habits of industry

and inculcate upon them as far as may be the duties x christanity

4th I hereby nominate and appoint John Kuhns of said County execu=

tor of this my last will and testament hereby authorising and empowring

him to compromise adjust release and discharge in such manner

as he may deem proper the debts and claims due me If my wife inter=

=marries or dies before any or all of my children become of age then and in

that case I do appoint the said John Kuhns Guardian of my said children

in place of my wife I do also authorise and empower the said John Kuhns

if it shall become necessary in order to pay my debts to sell by private sale

or in such manner as he may think proper any of my personal estate In

testimony whereof I have hereunto set my hand and seal this 31st day of October

in the year AD 1845 John Beakley {seal}

Signed and acknowledged in presence of

Jacob Morey

John Kuhns

Wm M Warren

The State of Ohio Delaware County Ss. Court of Common Pleas Special

Term November 25th 1845 personally appeared in open Court Jacob

Morey John Kuhns and William W warren who being duly sworn

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

and testament of John Beakley now deceased was by the said John Beakley

acknowledged published and declared to be his last will and testament in

the presence of these deponents that the said deceased was of lawful age that he

was of sound and disposing mind and memory and under no restrain as they

verily believe that they subscribed the same as witnesses in the presence

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

Jacob Morey John Kuhn Wm M Warren Sworn to and subscribed

in open Court this 25th day of November AD 1845 WD Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 359)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 359)

Description

[page 359]

[corresponds to page 314 of Will Records Vol. 2 1835-1850]


314


Recorded the forgoing will &c November 27th 1845

Attest WD Heim Clerk


Will of William Bell decd.


Pleas held at the Court House in Delaware on the 12th day of March

A.D. 1846 before the Honorable Ozias Bowen President Judge &

William G. Norris Marshall L. Griffin & Almon Stark his

associates, Judges of the Court of Common Pleas in & for the County

of Delaware in the State of Ohio. This day the last will

& testament of William Bell decd was produced in open Court

& proved by the testimony of the subscribing witnesses thereto as

reduced to writing, approved & ordered to be recorded & thereupon

on motion of Barbara A. Bell & John Vandyke the Executors in said

Will named it is ordered that letters testamentary be granted them

upon their entering into bonds in the sum of $400.00 with

John Brown & Salmon Lot as security. And it is further ordered

that William Williams, Moses Lewis & John Brown appraise the

personal property of said Estate. J. William Bell of the

County of Delaware in the State of Ohio, being sane and in my

right mind do make & publish this my last will & testament

in manner following Viz. First, It is my will that my funeral

expenses & all my just debts be fully paid. Second I bequeath,

Give & devise unto my beloved wife Barbara Ann in lieu of her

dower the plantation on which we now reside situate & being in

County & State aforesaid, containing about sixty acres, during her

natural lifetime; and all the live stock horses, cattle, sheep, hogs &c.

by me now owned & kept thereon; Also all the household furniture

& other items not particularly named and otherwise disposed of

during her natural lifetime, she however disposing first a sufficiency

thereof to pay my just debts as aforesaid, giving her liberty to sell,

rent or otherwise dispose of the property according to her good pleasure

without the heirs having any authority to control her. And what

remains after her death it is my will that it be sold & the proceeds

to be divided into four equal parts, one to my son James H Bell, one

to each of my Daughters Barbara Ann Pool & Marget Walker & the

other to my stepdaughter Elizabeth Vandike or their heirs.

And lastly, I hereby constitute & appoint my said wife Barbara

Ann Bell & John Vandike to be my executors for this my last
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 360)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 360)

Description

[page 360]

[corresponds to page 315 of Will Records Vol. 2 1835-1850]


315

will & testament ratifying & confirming this & no other to be my last

will & testament in testimony thereof I hereunto set my hand

& seal this first day of September 1845.

Signed, published and declared by the William Bell {SS}

above named William Bell in presence of us

who at his request signed as witnesses the above

John McMurry

Michael Shendollar

The State of Ohio Delaware County SS. Court of Common Pleas

March Term 1846. Personally appeared in open Court John

McMurry & Michael Shendollar who being duly sworn depose &

say that the paper before them purporting to be the last Will &

Testament of William Bell now deceased was by the said Will=

=iam Bell acknowledged, published & declared to be his last Will

& Testament in the presence of these deponents; that the said

deceased was of lawful age, that he was of sound & disposing

mind & memory & under no restraint, as they verily believe; that

they subsribed the same as witnesses in the presence & at the

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

Sworn to & subscribed in open Court. John McMurry

this 12th day of March AD. 1846 Michael Shendollar

WD Heim Clerk


Recorded the foregoing Will &c March 19, 1846

Attest WD Heim Clerk

_____________________________________________________________________


Will of Frederick Kurtz decd

____________________________


Pleas held at the Court House in Delaware on the 12th day of March

AD. 1846 - before the Honorable Ozias Bowen President Judge &

William G. Norris, Marshall L. Griffin & Almon Stark his

associates, Judges of the Court of Common Pleas in & for the

County of Delaware in the State of Ohio. This day the last

will & testament of Frederick Kurtz decd was produced in open

Court & proved by the testimony of the subscribing witnesses thereto

as reduced to writing, approved & ordered to be recorded & thereupon

on motion of Rachael Kurtz the Executrix in said Will named

it is ordered that letters testamentary be granted her, upon her

entering into bonds in the sum of $600.00 with Gotlieb Albright

& Frederick Wagner as security. And it is further ordred that

Lewis Brees, Eli Mead & John Davis appraise the personal property

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 361)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 361)

Description

[page 361]

[corresponds to page 316 of Will Records Vol. 2 1835-1850]


316

of said Estate. I, Frederick Kurtz of Brown Township Delaware

County, State of Ohio do make & ordain this my last will

& testament in manner & form following, Viz, I give & bequeath

to my dear beloved wife Rachael, all my estate, goods, & chattels

to have & to hold until her death & then to be divided between my two

sons John and Frederick. I nominate and appoint my wife

Rachael sole executrix of this my last will & testament, hereby

revoking all other and former wills by me at any time heretofore made

In Witness whereof I have hereunto set my hand & seal this four=

-teenth day of January in the year of our Lord Eighteen hundred

and forty six Frederick Kurtz {Seal}

Signed, sealed & published & declared by the said testator

Frederick Kurtz as and for his last will & testament, in the presence

of us who have subscribed our names as witnesses thereto in the

presence of the said testator. Frederick Wagner {Seal}

Michael Shendollar {Seal} Isaac N. Butler {Seal}

The State of Ohio, Delaware County S.S. Court of Common Pleas

March Term 1846. Personally appeared in open Court Frederick

Wagner, Michael Shendollar & Isaac N. BUtler who being duly sworn

depose & say that the paper before them purporting to be the last Will

and Testament of Frederick Kurtz now deceased was by the said

Frederick Kurtz acknowledged, published & declared to be his last Will

and Testament, in the presence of these deponents; that the said decd

was of lawful age, that he was of sound & disposing mind & memory

& under no restraint, as they verily believe; that they subscribed the same

as witnesses in the presence & at the request of the Testator & in the

presence of each other. Frederick Wagner.

Sworn to & subscribed in open Court Michael Shendollar.

this 12th day of March AD. 1846. Isaac N. Butler.

W. D. Heim Clerk.


Recorded the foregoing Will &c March 19th 1846.

Attest W. D. Heim Clerk.

____________________________________________________________________


Will of Milton S. Case decd

____________________________

Pleas held at the Court House in Delaware on the 12th day of March

A.D. 1846 - before the Honorable Ozias Bowen President Judge & William

G. Norris, Marshall L. Griffin & Almon Stark his associates, Judges

of the Court of Common Pleas in & for the County of Delaware in

the State of Ohio. This day the last will & testament of

Milton S. Case decd was produced in open Court & proved by the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 362)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 362)

Description

[page 362]

[corresponds to page 317 of Will Records Vol. 2 1835-1850]


317

testimony of Subscribing Witnesses thereto, as reduced to writing, approved

& ordered to be recorded, and it appearing that Catharine Case the Executrix

in the said Will named is the residuary legatee & on her motion It is

ordered that she be permitted to give bonds in the sum of $600.00. conditioned

to pay all the debts & legacies of the testator, with William Johnson and

Alonzo H. Case as security. I Milton S. Case of the County

of Delaware & State of Ohio, being of sound mind do make and

publish this my last will and testament in manner & form

following, that is to say, first it is my will and I do give and

bequeath unto my beloved wife Catharine Case all the household

furniture and other items not particularly named, and all my

stock and effects except what may be hereafter named the above

described property and effects to be held by her in lieu of her dower,

by her paying all the debts & any funeral expenses. Second I give

and bequeath unto my minor son James Milton (or for his use)

one Judgment by me held on Moses H. Kerby formerly of Marion County

and State of Ohio, also one note of hand signed by Lucius Case &

Alonzo H. Case dated June 2nd 1845, payable the first day of Sept=

=ember one thousand eight hundred & forty six, for one hundred

dollars. Also, one note of hand signed by Thomas F. Case & others,

calling for one hundred and six dollars payable twelve months

after date and dated December 13th one thousand eight hundred

and forty five. Third I also give and devise unto my son

James Milton all the lands or real estate I am possessed of being

about twenty acres on the east side of the pike known as part

of the Taylor farm, and about thirty five acres on the west side

of the pike, all lying & being in Marlborough Township & County

and State aforesaid. Fourth it is my will that my wife shall

have the care and tuition of my minor child until he is fourteen

years of age or so long as she may remain my widow & further

that she have the use of or proceeds of said lands until then, for

the support and education of said minor child. And lastly I

constitute & appoint my said wife Catharine Case to be Executrix for

this my last will and testament. And it is my will that my much

esteemed neighbour and friend John Cunningham of Troy Township

be appointed guardian for my minor son James Milton Case. In

testimony whereof I have hereunto set my hand and seal this 2nd day

of January one thousand eight hundred & forty six. Milton S. Case.

Signed, published & declared by the above named Milton S. Case as and for his

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

as witnesses the same. John Cuningham. Alonzo H. Case

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 363)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 363)

Description

[page 363]

[corresponds to page 318 of Will Records Vol. 2 1835-1850]


318

The State of Ohio Delaware County S.S. Court of Common Pleas

March Term 1846 - Personally appeared in open court John Cunningham

& Alonzo H. Case who being duly sworn depose & say that the paper

before them purporting to be the last Will & Testament of Milton S. Case

now deceased was by the said Milton S. Case acknowledged, published

& declared to be his last Will & Testament, in the presence of these deponents

that the said deceased was of lawful age, that he was of sound &

disposing mind & memory & under no restraint, as they verily believe

that they subscribed the same as witnesses in the presence & at the request

of the Testator and in the presence of eah other.

Sworn to and subscribed in open Court John Cuningham.

this 13th day of March A.D. 1846. Alonzo H. Case

W. D. Heim, Clerk

Recorded the foregoing Will March 20th 1846.

Attest W D Heim, Clerk.

____________________________________________________________________


Will of James Mc Williams decd

_______________________________

Pleas held at the Court House in Delaware on the 28th day

of May AD. 1846 before the Honorable Ozias Bowen President

Judge & William G. Norris, Marshall L. Griffin & Almon

Stark Esqs his associates, Judges of the Court of Common Pleas

in & for the County of Delaware in the State of Ohio.

This day the last Will & Testament of James McWilliams

decd was produced in open Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing approved

& ordered to be recorded. And thereupon, Miriam McWilliams

widow of the said James McWilliams decd personally appeared

in open Court & made her election to take under the said Will

And on motion of Andrew McWilliams & William Kirk the

Executors in said will named it is ordered that letters testament=

=ary be granted them upon their entering into bonds in the sum

of $300.00? with James McNutt & Mahial L. Clark as security

And it is further ordered that Ezekiel S. Gavet; Henry Bell &

Samuel Davidson appraise the personal property of said estate.

In the Name of God Amen. I, James McWilliams of

oxford Township in the County of Delaware & State of Ohio being

of advanced age and weak in body but of sound, disposing mind

memory & understanding for which I am truly thankful to Almighty

God the giver of every good & perfect gift, do make & publish

this my last will & testament in manner & form as follows
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 364)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 364)

Description

[page 364]

[corresponds to page 319 of Will Records Vol. 2 1835-1850]


319

1st I order & direct that all my just debts & funeral expenses be

first paid as soon as convenient after my decease out of the -

proceeds of my personal property which I desire to be sold as soon

as possible with the exception of our horse creature & two cows

which I give & bequeath to my beloved wife Miriam & I hereby

direct that she shall have her choice of my stock. Moreover I give

& bequeath to her one hundred acres of the improved part of my

farm including the Mansion house & all the other buildings to be

solely & entirely for her use during her natural life & my will is

that after her decease the above mentioned one hundred acres of

land shall fall to my youngest son James McWilliams who I

expect to live with her & do for her. The balance of my landed

property (to wit) fifty acres I direct to be sold to the best advantage

as soon as my youngest daughter (Martha) shall be of age & until

that time I direct that my son in law William Kirk if he sees

proper to stay, shall have the entire benefit of that part of my

property provided that he keeps it in repair & destroys no timber

unnecessarily. The proceeds of sale of the above mentioned fifty

acres I direct to be equally divided amongst my five daughters

(viz) Jane Shedrick, Mary Ann McWilliams, Rhoda Kirk,

Esther McWilliams & Martha Williams. The balance of

the proceeds of my personal property after paying my just debts

I direct to be equally divided between my wife & all my children

And I direct that my three youngest children's shares of this last

bequest shall be put out on interest until they shall become

of age & that then they shall receive the principal & interest in

full. And lastly I hereby constitute my son Andrew McWilliams

& my son in law William Kirk Executors of this my last will

& testament hereby revoking all other wills by me made In witness

whereof I hereto set my hand & seal the fifth day of February

in the year of our Lord one thousand eight hundred & forty

one

James McWilliams {Seal}

Signed sealed published & delivered by the above named

James McWilliams as & for his last will & testament in the

presence of us who have hereto set our names as witnesses in the pres=

=ence & at the request of the testator & in the presence of each -

other. James McNutt. Mahiel L Clark.

The State of Ohio. Delaware County SS. Court of Common

Pleas May Term 1846. Personally appeared in open Court

James McNutt & Mahiel L. Clark who being duly sworn
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 365)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 365)

Description

[page 365]

[corresponds to page 320 of Will Records Vol. 2 1835-1850]


320

depose & say that the paper before them purporting to be the last

Will & Testament of James McWilliams now deceased was by

the said James McWilliams acknowledged, published & declared

to be his last Will & Testament in the presence of these deponents,

that the said deceased was of lawful age, that he was of sound

& disposing mind & memory & under no restraint, as they verily

believe; that they subscribed the same as witnesses in the presence

& at the request of the Testator & in the presence of each other.

Sworn to & subscribed in open Court this 26th day of May

AD. 1846 James McNutt

W. D. Heim Clerk. W L Clark

Recorded the foregoing Will June 8th 1846

Attest W D. Heim Clerk

_____________________________________________________________________


Will of David Royce decd

_________________________

Pleas held at the Court House in Delaware on the 28th day of

May AD. 1846 before the Honorable Ozias Bowen President Judge

& William G. Norris, Marshall L. Griffin & Almon Stark

Esqs his associates, Judges of the Court of Common Pleas in & for

the County of Delaware in the State of Ohio.

This day the last Will & Testament of Daniel Royce decd

was produced in open Court & the testimony of one of the subscribing

witnesses thereto being reduced to writing & it appearing to the

satisfaction of the Court that the other subscribing witness has since

deceased, the Court consider said Will duly proved & order the

same to be recorded & thereupon Mary Royce widow of the said

Daniel Royce decd personally appeared in open Court & made

her election to take under the said Will. I Daniel Royce

of the Township of Bennington, in the County of Delaware & State of

Ohio do make & publish this my last will & testament. Item 1st

I give & devise to my wife Mary the Farm on which we now reside -

situate in Tp. & County aforesaid to hold said Farm so long as she

remains my widow. And after my said wife shall be done with said

lands, then I devise that they be equally divided among my heirs -

And all my stock, household furniture & other goods & chattels which

may be thereon I give & devise to my wife Mary after all my just debts

are paid, except the sheep which are to be disposed of as follows. To

each one of my children I give & devise two sheep. I do hereby

nominate & appoint my wife Mary Royce executrix of this my
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 366)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 366)

Description

[page 366]

[corresponds to page 321 of Will Records Vol. 2 1835-1850]


321

last will & testament In testimony whereof I have hereunto

set my hand & seal this 25th of July A.D. 1840

Daniel Royce {Seal}

Signed & acknowledged by said Daniel Royce as his last

will & testament in our presence. William Voorhies. John Pierce.

The State of Ohio Delaware County SS. Court of Common

Pleas May Term 1846. Personally appeared in open Court

John Pierce who being duly sworn deposes & says that the -

paper before him purporting to be the last will & testament of

Daniel Royce now deceased, was by the said Daniel Royce ack=

=nowledged, published & declared to be his last will & testament

in the presence of this deponent; that the said decd was of lawful

age, that he was of sound & disposing mind & memory & under

no restraint as he verily believes, that he subscribed the said

as witness in the presence & at the request of the Testator

Sworn to & subscribed in open Court John Pierce

this 28th day of May 1846

W D. Heim Clerk.

Recorded the foregoing Will June 8th 1846

Attest W. D. Heim Clerk

_________________________________________________________________


Will of Margaret Jones decd

____________________________

Pleas held at the Court House in Delaware on the 26th day of

May AD. 1846 before the Honorable Ozias Bowen President

Judge & William G. Norris, Marshall L. Griffin & Almon

Stark Esqs his associates, Judges of the Court of Common Pleas

in & for the County of Delaware in the State of Ohio.

This day the last Will & Testament of Margaret Jones decd

was produced in open Court & Proven by the testimony of the

subscribing witnesses thereto as reduced to writing approved

& ordered to be recorded. In the Name of God Amen

I, Margaret Jones of Radnor Township in the County of Delaware

in the State of Ohio do make & publish this my last will &

testament in manner & form following that is to say. First

it is my will that my funeral expenses & all my just debts

be fully paid. Second I give, devise & bequeath to my son William

Watkins the sum of one dollar. Third I give devise & bequeath to

my son John Watkins the sum of one dollar. Fourth I give devise

& bequeath to my daughter Margaret Knowles the sum of one

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 367)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 367)

Description

[page 367]

[corresponds to page 322 of Will Records Vol. 2 1835-1850]


322

dollar. Fifth I give devise & bequeath to my son Walkin Watkins

one ewe & lamb. Sixth I give devise & bequeath to my son David

Watkins twenty dollars. Seventh I give, devise & bequeath to my

grand daughter Margaret Watkins, daughter of my son William

Watkins my young cow & all my wearing apparel except such

handkerchiefs as my two sons David Watkins & Edward Watkins

shall see fit & proper to retain for their own use. Eighth I give

devise & bequeath to my son Edward Watkins all the residue of

my personal property, to wit. Horses, Cattle, Sheep, Hogs, Grain,

Hay &c also all of my household & kitchen furniture, farming

utensils &c also all my notes & papers of every description. And

lastly I hereby constitute & appoint my son Edward Watkins to be

the executor for this my last will & testament revoking and

annulling all former wills by me made & ratifying & confirming

this & no other to be my last will & testament. In testimony

whereof I have hereunto set my hand & seal this 26th day of

July AD. 1841

her

Margaret X Jones {Seal}

mark

Signed, Sealed, published & declared by the above named

Margaret Jones as & for her last Will & Testament In -

presence of us who at her request have signed as witnesses to the

same. Abraham Lloyd. Morgan Williams

The State of Ohio, Delaware County SS. Court of Common

Pleas. May Term 1846. Personally appeared in open Court -

Abraham Lloyd & Morgan Williams who being duly sworn depose

& say that the paper before them purporting to be the last Will &

Testament of Margaret Jones now deceased; was by the said Margaret

Jones acknowledged, published & declared to be her last Will and

Testament in the presence of these deponents; that the said decd

was of lawful age, that she was of sound & disposing mind and

memory & under no restraint as they verily believe; that they sub=

=scribed the same as witnesses in the presence & at the request of the

Testator. and in the presence of each other.

Morgan Williams

Sworn to & subscribed in open Court Abraham Lloyd

this 26th day of May AD. 1846

W. D. Heim Clerk.

Recorded the foregoing Will June 8th 1846

Attest W. D. Heim Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 368)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 368)

Description

[page 368]

[corresponds to page 323 of Will Records Vol. 2 1835-1850]


323

Pleas held at a Special Court, on the 22nd day of June

AD. 1846, before the Honorable William G. Norris, Marshall

L. Griffin & Almon Stark Associate Judges of the Court

of Common Pleas in & for the County of Delaware in

the State of Ohio. This day the last will & testament

of James M. King was produced in open Court & proved

by the testimony of the subscribing witnesses thereto as reduced

to writing approved, & ordered to be recorded & thereupon

Matilda King widow of said James M. King dec & appeared

in open Court & made her election to take under the

said will. And it further appearing by said will that

the said Matilda King the Executrix in said will

named is the only legatee. It is ordered that the said

Executrix give bond in the sum of $100.00 conditioned

to pay all the debts against the said testator with

Samuel Cronk & Isaac Bradfield as security - -

In the name of the Benevolent Father of All, I James

M. King of the Township of Bennington, Delaware County

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

First it is my will that my just debts & all charges be paid

out of my estate. Item 2nd, I give & devise all the residue of

my estate to Matilda My wife to be to her and her heirs

so long as she remains my widow, and afterwards the

remainder to be equally divided between all my children

Item 3rd I appoint & make the said Matilda Executrix of

this my last will & testament. And I do hereby authorize

& empower her to sell all or any part of my personal -

property & all or any part of my real estate at private sale

& upon such terms of credit as she may think proper, and

to make & execute deeds therefor. Item 4th I appoint the

said Matilda guardian for all my children until -

they arrive at full & lawful age, provided she still remains

my widow and the said Guardian is hereby authorized

to act without giving bail to the Court

James M. King {Seal}

Signed & acknowledged by said James M. King as his

last will & Testament in our presence & signed by us in

his presence this 21st day of May AD. 1846, Isaac Brad-

field. Samuel Cronk. The State of Ohio Delaware County

SS. A Special Court of Common Pleas held June 22nd 1846.

Personally appeared in open Court Isaac Bradfield &
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 369)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 369)

Description

[page 369]

[corresponds to page 324 of Will Records Vol. 2 1835-1850]


324

Samuel Cronk who being duly sworn depose & say that the

paper before them purporting to be the last will & testament

of James M. King now deceased was by the said James M.

King acknowledged, published & declared to be his last will

& testament, in presence of these deponents; that the said decd

was of lawful age, that he was of sound & disposing mind

& memory and under no restraint as they verily believe; that

they subscribed the same as witnesses in the presence and

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

Sworn to & subscribed in open } Samuel Cronk

Court this 22nd day of June AD 1846. } Isaac Bradfield

W. D. Heim Clk.

Recorded the foregoing Will June 23rd 1846. W D Heim Clk

_________________________________________________________________


George Storm's Will - Proven Sept 7th 1846 -

The State of Ohio Delaware County Sct

Pleas at the Courthouse in the town of Delaware in said County on the

twenty ninth day of September AD One thousand eight hundred and forty

Six before his honor Ozias Bowen President of the Second judicial Circuit

of Ohio and William G. Norris Marshal S. Griffin and Almon Stark Esquuires

his associate Judges of the Court of Common pleas for the County aforesaid

Be it remembered that on the day and year aforesaid at the

time and place aforesaid before the Judges of the Court aforesaid the last

will and testament of George Storm deceased was produced in open

Court and proved by the testimony of the subscribing witnesses thereto as

reduced to writing approved and ordered to be recorded, and thereupon

On motion of Joseph Storm and Benjamin Powers the Executors in said

will named. It is Ordered that letters testamentary be granted them upon

their entering into bond in the sum of One thousand dollars with Hosea

Williams and Chauncey Hills as Security. And it is further Ordered that

Sidney Moore William Mansur and David Wooline appraise the personal

property of said deceased

Be it Known that I George Storm of the town of Delaware State of Ohio

being weak in body but of sound and disposing mind and memory in

lieu of the uncertainty of life and the certainty of death, do this day make

and publish this my last will and testament in manner following to wit,
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 370)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 370)

Description

[page 370]

[corresponds to page 325 of Will Records Vol. 2 1835-1850]


325


First It is will my will and desire that as soon after my decease as is

consistant with condition of my affairs, that my Executors herein after named

pay all my just debts and funeral expenses

Second I give and bequeath unto my beloved wife Fanny, For and

during her natural life, the Homestead being all the premises where

she now resides in the town of Delaware in addition thereto. It is my

will that my Executor appropriate out of the apetts which will come

into their hands, and set aside from a division, among my children

as herein after provided, a sufficient amount for the support of said

Fanny, during her natural - which provision I desire shall be ample

to support her in as good style as she has lived during my lifetime

Which provision is to be in lieu of her dower at common law in my

estate.

Third. I have some years since aided my oldest son (John) Storm

who is now decided to build his house to the amount of about

Six hundred dollars, which I now believe is a fair proportion out of

my estate I therefore exclude his heirs from any participation in the

general or special legacies which I make hereafter in this will

to my other children

Fourth. On the 17th day of December 1841 I sold to my son Joseph a

part of out lot No 45 bounded as follows, commencing at a point

6 rods south of the northwest corner of said lot 45 now occupied

by said Joseph. Thence running south 10 rods, thence East 12 rods

thence north 10 rods and thence west 12 rods to the place of beginning

for the sum of Eighteen hundred dollars, which amount was to be

paid in installments. It was also provided in the article of

Agreement, that the last Six hundred dollars shall be accounted

to the said Joseph as his distributive share of my estate unless the

amount ultimately should be more than Six hundred dollars

a share. I hereby confirm said sale to said Joseph his heirs and

assigns forever holding him liable to pay to my executor all that

may be due upon his notes save the Six hundred dollars

aforesaid at the time of my decease

Fifth I have have heretofore deeded some real estate to my two

sons in law Ralph F Ranney and Abraham Thompson, amounting

to two hundred dollars each for which I hold this note which are

to be accounted to them and given up by my Executors as a portion

of this distribution shares

In addition to the aforesaid advances made to my

children I have advanced to my Daughter Margaret King and

Elizabeth Powers, Harriet Ranney Julia Welch and Delia Thompson
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 371)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 371)

Description

[page 371]

[corresponds to page 326 of Will Records Vol. 2 1835-1850]


326

George Storm's Will - continued

each Two hundred and fifty dollars at the time of their marriage respec=

-tively. Now it is my wish to divide my property equally and equitably

I therefore will and devise to Margaret King her heirs and assigns

the further sum of Three hundred and fifty dollars, to be paid as hereinafter

specified. To Elizabeth Powers and unto her heirs and assigns forever

the further sum of Three hundred and fifty dollars to be paid as

hereinafter specified. To Harriet Ranney and unto her Heirs and assigns forever the further

sum of One Hundred and fifty dollars to be paid as hereinafter specified.

To Julian Welch and unto her heirs and assigns forever the further sum of

Three hundred and fifty dollars to be paid as hereinafter specified

To Delia Thompson and unto her heirs and assigns forever the further

Sum of One hundred and fifty dollars to be paid as hereinafter specified.

Sixth At the time of my decease it is my will that my Executors set aside

out of my furniture and household goods such articles as my said wife

Fanny may select. And if it is her will to retain the whole then it is my

will that she have the whole - And in order to enable them to pay off the

legacies herein specified, I will and bequeath to them and their heir, and

assigns in trust for the purposes herein expressed all and singular my

real and personal estate of every name and discription. to be sold within

at private or public sale. That portion set apart for the use of my wife Fanny not to

be meddled with until after her decease and I impose upon my Executors the

payment of the taxes that have accrued thereon.

That portion of my real and personal estate which remains unencumbered

I leave it to my Executors to determine the time and manner of sale

so that the most may be made out of it

Seventh. I enjoin upon my Executors the duty of paying off the Several

legacies herein ennumerated as soon as the same can be done

consistent with the duties imposed under this will, interest to be

computed on the same from the time of my decease. And after the

several specific legacies are paid, any remainder that may yet

be left after the decease of my wife Fanny, to be divided equally

among all my heirs their heirs and legal representatives, with the exception

of John Storm's heirs

Eighth. I hereby nominate my son Joseph Storm and Son in law

Benjamin Powers Executors of this my last will and testament

and waive the appointment of appraisers and the requisition of

bail for the fulfillment of the trust herein confided. my confidence

in their integrity is such that I deem it unnecessary

I hereby revoke all former wills and declare this to be my only

will. In testimony whereof I have hereunto set my hand and seal

this 9th day of May AD 1846. And have requested my friends
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 372)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 372)

Description

[page 372]

[corresponds to page 327 of Will Records Vol. 2 1835-1850]


327

Charles Sweetser and Jeremiah Howard to witness the same as such

Signed and Sealed in the presence of Charles George Storm {Seal}

Sweetser and Jeremiah Howard who were called by George Storm to witness

this his last will and testament the day and year above written

Charles Sweetser

J Howard

The State of Ohio, Delaware County SS

Court of Common Pleas September Term 1846. Personally appeared

in open Court Charles Sweetser and Jeremiah Howard who being

duly Sworn depose and say that the paper before them purporting to

be the last will and Testament of George Storm now deceased was

by the said George Storm acknowledged published and declared

to be his lat will and testament in the presence of these deponents

that the said deceased was of lawful age that he was of sound

and disposing mind and memory, and under no restraint

as they verily believe, that they subscribed the same as witnesses in

the presence and at the request of Testator and in the presence

of each other Charles Sweetser

J Howard

Sworn to and subscribed in open

Court this 29th day of September AD 1846

W D Heim Clerk

Recorded the foregoing will October 15th 1846. Geo W Johns Dep. Clk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 373)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 373)

Description

[page 373]

[corresponds to page 330 of Will Records Vol. 2 1835-1850]


330

Henry Bennet's Will

Pleas at the Court House in the town of Delaware in Delaware County

Ohio before his Honor Ozias Bowen President of the Second judicial circuit

of Ohio and William G. Norris Marshal L. Griffin and Almon Stark Esq

his associates, Judges of the Court of Common pleas for the County aforesaid

on the first day of October AD One thousand eight hundred and forty six.

Be it remembered that at the time and place aforesaid and

during the session of the September Term of said Court for the year aforesaid

the last will and testament of Henry Bennet deceased, was brought into

Court and proven by the oaths of Bennet Carr and Charles McLeod the

subscribing witnesses thereto and ordered to be recorded, which said

will and the affidavits of each witness are in the words and figures

following to wit:

[in left margin: Will]

I Henry Bennett of the township of Genoa Delaware County and

State of Ohio do make and constitute this my last will and testament,

thereby revoking all other wills heretofore by me made

First: I will that all my just debts and funeral expenses be first paid as

soon as shall be convenient after my decease

Secondly: I give to my beloved wife Elizabeth Bennett all my property

real and personal during her natural life

Thirdly: I have given my Son Isaac Bennett, One hundred dollars

which I consider his share of my property

Fourthly: At the decease of my wife it is my will that my three Sons

Hiram Bennett, Henry Bennett and Thomas Bennett shall have my

land property equally divided between them

Fifthly: At the decease of my said wife it is my will that all my

personal property shall be given to my daughter Catharine Tippy

Sixthly: I have given Elizabeth Bennett wife of Elisha Bennett

and Elanor Sheets my daughters each one cow which I consider their

share of my property

Seventhly: Further It is my will that my Son Isaac Bennett shall

have free access to my orchard and have equal privilege of fruit,

with the other children. This I acknowledge to be my last will

and Testament signed and sealed this Second day of September 1846

In presence of Bennett Carr & Charles McLeod Henry Bennett

The State of Ohio Delaware County SS. Court of Common Pleas September

term 1846. Personally appeared in open Court Bennett Carr and

Charles McLeod who being duly sworn depose and say that the paper

before them purporting to be the last will and testament of Henry Bennett

now deceased was by the said Bennett acknowledged, published
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 374)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 374)

Description

[page 374]

[corresponds to page 331 of Will Records Vol. 2 1835-1850]


331


and declared to be his last will and testament in the presence of these

deponents: that the said deceased was of lawful age, that he was

of sound and disposing mind and memory, and under no

restraint as they verily believe: that they subscribed the same as

Witnesses in the presence and at the request of the Testator, and in

the presence of each other Bennet Carr

Sworn to and subscribed in Open Charles McLeod

Court this 2nd day of Octoer 1846. Wm D Heim Clerk


____________________________________________________________________


Mary Lott's Will -


Proceedings at the Court House in the town of

Delaware in Delaware County Ohio before his Honor Ozias

Bowen President of the sixth judicial circuit of Ohio, and

William G. Norris Marshal S. Griffin and Almon Stark his associates

Judges of the Court of Common Pleas for the County aforesaid on the

thirtieth day of September AD One thousand eight hundred and

forty six Be it remembered that at the time and place

aforesaid during the session of the September term of the Court of

Common pleas aforesaid the Last Will and Testament of Mary Lott

deceased was produced in open Court and proved by the oaths of

Reuben C. Gardner and Samuel W. Trumbull the subscribing

witnesses thereto and ordered to be recorded: which said will and

the testimony of said witnesses is in the words and figures following

to wit:

I bequeath to Robert Wells 14 acres of land on which I now

reside, lying in Kingston Township, Delaware County and State of

Ohio. The said Robert Wells being priveleged to bequeath the said land

to whom he sees fit after my decease.

I bequeath to Isaac Dayton Taner 10 acres of land belonging to the

said farm in the said Tp. Co. and State. The said Isaac Dayton Taner

being priveleged to bequeath the said 10 acres of land to whom he shall

see fit after my decease. The above mentioned parties shall make

such a division of the farm as they can agree upon between themselves.

Likewise the afforesaid Robert Wells and Isaac Dayton Taner

shall see that my brother Thomas Simmons shall be taken good care of

as long as he lives provided he shall out live me And if the Said parties
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 375)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 375)

Description

[page 375]

[corresponds to page 332 of Will Records Vol. 2 1835-1850]

332

neglect to observe and do as I have willed concerning the said Thomas

Simmons but shall leave him in want then shall they forfeit the whole

of the above mentioned land, and it shall be conferred upon any

person who shall take and provide for him during his life

I bequeath to the said parties an equal division of all the loose property

which may be left after defraying all debts and funeral expenses

The above mentioned parties shall pay or cause to be paid the

Sum of 20 dollars to Henry Lott Trumbull

The said parties see that all my bisness [sic] is settled and all debts paid

without other administrators. This is my last Will and Testament

given this 15th day of May AD 1845 whereunto I set my hand and Seal

in the presence of Mary Lott {Seal}

R. C. Gardner

Samuel W. Trumbull

The State of Ohio Delaware County SS. Court of Common Pleas September

Term 1846. Personally appeared in open Court R C Gardner and

Samuel W Trumbull who being duly sworn depose and say that the paper

before them purporting to be the last Will and Testament of Mary Lott now

deceased was by the said Mary Lott acknowledged, published and

declared to be her last Will and Testament, in the presence of these deponents

that the said deceased was of lawful age, that she was of sound and disposing

mind, and under no restraint, as they verily believe, they they subscribed the

same as witnesses in the presence and at the request of the Testator, and

in presence of each other Reuben C. Gardner

Sworn to and subscribed in open Court this 30th day of Sept AD 1846. Sam Trumbull

Wm D Heim Clerk -

_________________________________________________________________________________


Mary Perry's Will


Proceedings at the Court House in the town of Delaware

in Delaware County Ohio before his Honor Ozias Bowen

President of the Second judicial Circuit of Ohio, and William

G. Norris Marshal S Griffin and Almon Stark Esquires his

associates, Judges of the Court of Common pleas for said County

on the twenty ninth day of September AD One thousand Eight

hundred and forty six

Be it remembered that at the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 376)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 376)

Description

[page 376]

[corresponds to page 333 of Will Records Vol. 2 1835-1850]


333


time and place aforesaid at the September term of the Court of Com

mon Pleas for said County the last Will and Testament of Mary Perry decd

was produced in open Court and proven by the Oaths of Charles Sweetser

and James A. Barnes the subscribing witnesses thereto, and approved

and Ordered to be recorded. And thereupon on motion of Elijah

Dix the executor in said will named. It is ordered that Letters

testamentary be granted him on his entering into bond in the Sum

of Sixteen hundred dollars with Henry Cline and William

G Norris his sureties. Any it is further Ordered that David

Bush Sabeus Main and Eleages Main appraise the personal

estate of said Mary Perry decd. And which said will and

depositions are in the words and figures following to wit:

Be it known that I Mary Perry of Troy Township

Delaware County Ohio Being of sound and disposing mind

and memory, In view of the uncertainty of life and the certainty

of death do make this my last will and Testament in

manner following to wit:

First It is my will and desire that as soon after my decease

as practicable that my Executor hereinafter named pay or cause

to be paid out of m personal estate which I deem abundant for

that purpose, all my just debts funeral charges &c

Second I give and bequeath unto my two Sons Elijah Dix and

Stanton Dix Equally as tenants in Common, the farm which

was deeded to me by Percy Main my father subject to his life estate

Charged threon known as the old Main farm in Troy Township

Delaware County Ohio Containing about sixty six acres with the

exception of a strip of Ten acres to be taken off the south side

thereof, running the whole length of the farm which strip is here

in after willed to my daughter Mary Leonard - The said Elijah

and Stanton or the Survivor or heirs of either of them take the above

bequest subject to the payment of the Sum of One Hundred dollars

to Druzilla Rodman my daughter, which Sum is to be paid to

said Druzilla in Two years after they come into the full enjoyment of

the above described estate. It is further my will and desire in

regard to the above estate that in case of the death of either the said

Elijah or Stanton without legitimate heirs that the Survivor or

his heirs have the intire Estate, subject to the payment of the

above Sum of One hundred dollars to Druzilla Rodman

Third I give and bequeath to my daughter Mary Leonard

during her natural life, and in reversion to her heirs
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 377)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 377)

Description

[page 377]

[corresponds to page 334 of Will Records Vol. 2 1835-1850]


334

Mary Perry's Will Continued

The above named ten acres to be taken as aforesaid off the south side

of the Main farm

Fourth. I will and bequeath unto my son Elijah Dix and Terry M

Dix all the residue of my personal estate after the payment of my just

debts funeral expenses &c. to be divided equally between them

And in case of the death of the death of either without legitimate heirs

I will the whole to the Survivor or his heirs. The seven acres of land

left me by my Mother to be divided among all my heirs equally

Fifth and lastly. I hereby constitute and appoint my Son Elijah Dix

the Executor of this my last will and testament. Provided that in case

of his death or removal from Delaware County before my decease

then and in that case I appoint my Son Terry M. Dix my Executor

in his Stead

It is my will that my old friend and attorney Charles Sweetser

be the attorney in my estate and that the above heirs and legatees

take his counsel and advice in the settlement of my estate. In

Testimony whereof I have signed and sealed this my last will and

Testament and have called upon my friends C. Sweetser and

J. A. Barnes Esqrs to witness the same in my presence, all done

accordingly this 3rd day of May AD 1845 Mary Perry {Seal}

Witnessed as above stated by Charles Sweetser & Samuel Barnes

The State of Ohio Delaware County SS. Court of Common Pleas of

September Term 1846 Personally appeared in open Court

Charles Sweetser and Jamese A. Barnes who being duly sworn

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

Will and Testament of Mary Perry now deceased was by the said Mary

Perry acknowledged published and declared to be her last will and

testament in the presence of these deponents, that the said deceased was

of lawful age, that she was of sound and disposing mind and memory

and under no restraint as they verily believe, that they subscribed the same

as witnesses in the presence and at the request of the Testator and in

the presence of each other Charles Sweetser

Sworn to and subscribed in open Court James A. Barnes

this 29th day of September AD 1846 W D Heim Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 378)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 378)

Description

[page 378]

[corresponds to page 335 of Will Records Vol. 2 1835-1850]


335


Nathaniel Earle's Will

Proceedings at the Court House in the town of

Delaware in Delaware County Ohio before his Honor Ozias Bowen

President of the second judicial circuit of Ohio and William G. Norris

Marshal S. Griffin and Almon Stark esquires his associates, Judges of the

Court of Common pleas for said County on the second day of October AD

One thousand eight hundred and forty six

Be it remembered that heretofore on the day afore

said and at the time and place aforesaid during the session of

the September term of the Court aforesaid the last will and testament

of Nathaniel Earle deceased was produced in open Court

and duly proved by the oaths of the subscribing witnesses thereto

and such testimony reduced to writing, thereupon it is Ordered

that said will be admitted to record - And thereupon On motion

of Daniel Osborn the excutor in said will named - It is

Ordered that letters testamentary issue to said Osborn on his

entering into bond with Aaron L. Benedict and Daniel Benedict

his securities in the Sum of Fifty [illegible] dollars conditioned

according to law, And it is further ordered that Joseph Heim

Lorain Gray and Gardner Bennedict appraise the personal estate

of said deceased. And which said will and the proof so

reduced to writing are in the words and figures following to wit:

I Nathaniel Earle of Perue in the County of

Delaware in the State of Ohio, taking into view the uncertainty

of time do make and ordain this to be my last will and testament

in the following words to wit:

First I direct that my funeral expenses be defrayed out of my

perrsonal property

Second I give and bequeath unto my nephews Daniel Earle

Amos Earl Aaron Earl and my niece Anna Gaylord twelve

acres of land off the east end of my farm that I now occupy to be

equally shared by them

Third. I give and bequeath to my nephew Hannon Earl all

the rest and residue of my estate real and personal with the express

understanding that he is to comfortable support and provide for me

during the remainder of my life

Lastly I appoint Daniel Osborn Executor of this my

last will and testament

Signed Sealed and declared by the testator this 11th day of

June in the year of our Lord Eighteen Hundred & forty Six
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 379)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 379)

Description

[page 379]

[corresponds to page 336 of Will Records Vol. 2 1835-1850]


336
his

in presence of us Nathaniel X Earl {SS}

A L Benedict mark

Daniel Benedict

David O. Michner


The State of Ohio Delaware County, SS Court of Common Pleas

September Term 1846 Personally appeared in open Court Aaron

S. Benedict and Daniel Benedict who being duly affirmed

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

will and testament of Nathaniel Earl now deceased was by

the said Earl acknowledged published and declared to be his last

will and testament in the presence of these deponents, that the said

deceased was of lawful age that he was of sound and disposing miind

and memory, and under no restraint as they verily believe, that they

subscribed the same as witnesses in the presence and at the request of

the Testator and in the presence of each other Aaron S. Benedict

Affirmed to & subscribed before me in open Court Daniel Benedict

this 3rd day of October AD 1846

W D Heim Clerk



Jacob Seigfried's Will

_______________________________________________________________________


Proceedings at a Special Court for the County of Delaware

before the Honorable William G. Norris Marshal S Griffin

and Almon Stark esquires Associate Judges of the Court of

Common pleas for said county on the fifteenth day of Janu

ary AD One thousand eight hundred and forty Seven

The Last Will and Testament of Jacob

Seigfried was this day brought before the Court and proven

by the oaths of Nicholas Jones and Thomas Pettibone the subscri

bing witnesses thereto, whose examinations were reduced to

writing. And it appearing to the satisfaction of the Court

that said Jacob Seigfried at the time of executing said will

was of sound mind and memory and under no restraint

It is thereupon Ordered that said will and the testimony

so reduced to writing be recorded
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 380)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 380)

Description

[page 380]

[corresponds to page 337 of Will Records Vol. 2 1835-1850]


337

Jacob Seigfried's Will


And thereupon On motion of I S Brick Counsel for

David High and William Siegfield the Executors in

Said Will named. It is Ordered that Letters Testamentary

be granted them on their entering into bond in the Sum

of Five thousand Dollars with Nicholas Jones and David

Worline. Their Sureties Conditioned according to law

It is further Ordered that Jesse Halleran Samuel

Worline and John Graham appraise the personal Estate

of said deceased

In the name of the benevolent Father

of all, I Jacob Seigfried of the County of Delaware and State of

Ohio, do make and publish this my Last will & testament

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

debts be paid. And secondly that all my personal and real

Estate remain under the Control of my wife until my

youngest Son Samuel arrives at the age of twenty one years

if she so long lives. And if she shall die or marry before that

time then my Son William is to have management of the same

until Samuel is twenty one years of age. The following which

will be left in their care for the use of the house and farm to wit

Eleven beds and bedding as they now stand. Three Stoves, two

clocks, three fall leaf tables, all the stands, all the chairs

all the kitchen furniture, fire tongs and shovels. One Bureau

two chests and five trunks, and all the articles of the Bar-

row in use for the Tavern. Two horses and harness for the same

Two. two horse waggons, one cart two plows first choice, one

harrow, two log chains, two grain cradles, all the mowing

Scythes, all the iron and wooden hay forks, four milk cows

sixteen head of sheep, twenty five head of hogs first choice, all

the above described personal property is to be appraised at my

death, and all other property of a personal nature not

above specified is to be Sold. And all the proceeds of said

house and farm together with the personal property left

with them and the property not enumerated which will be

Sold is to be applied for the payment of debts and the support

of the family until Samuel becomes of age and said

Samuel is to have good Schooling in the time of his minority

And if my wife Should want to rent out the house and farm

while under her care as above [illegible / page torn]
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 381)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 381)

Description

[page 381]

[corresponds to page 338 of Will Records Vol. 2 1835-1850]


338

Jacob Siegfried's Will


the refusal of the Same in preference to any other person

All the personal property set off with the house and farm

and appraised or the value thereof is to be accounted for when my

Son Samuel becomes of age, together with all the proceeds of said

house and farm not necessarily expended for the payment of

debts, the support of the family or necessary improvements on

the farm, and at the same time that Samuel becomes of age

all my real estate with the improvements thereon Shall be appraised

and the value thereof together with all the above Specified personal

property, proceeds &c Shall be equally divided among my child

ren. the real estate after being appraised shall be divided in

the following manner (towit) the lane now running through

the farm on which the house Stands to be the line except that the

(barn) (Corn) and stabling on the north side of said land

included with the Tavern house on the south side of said lane

And my son Samuel shall have his choice of said real Estate

when so divided and my son William the other part

And the said Sam'l and William after they have made

the division as above shall be accountable and pay to the

rest of the children all over and above their equal share

contained in said real estate so divided. The one having the

land with the Tavern buildings on it is to pay to the other heirs

Three hundred Dollars anually until he pays up all over

and above his equal share, said real estate is worth. And the

one that gets the other half of the above divided land is to pay

to the other heirs Two hundred Dollars anually until he

pays up all that his part of real estate is worth more than his

equal share. And there is Six or Seven acres of land not included

in the above that lies north of the Stone Mill and East of the

Sandusky Turnpike which I give to my Son Benjamin And

if said land should not be appraised to as much as one equal

Share of all my property there the ballance to make it equal

is to be paid by Sam'l and William as before Stated - And the

Said William and Benjamin is to have the privilege of building

them a house on their land before my Son Sam'l becomes of age.

if they wish and others shall have the privilege of Timber, stone

Lime &c of the farm to build the Same

At the time that my Son Samuel arrives at [illegible]

[illegible / page torn] I want my wife to have her
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 382)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 382)

Description

[page 382]

[corresponds to page 339 of Will Records Vol. 2 1835-1850]


339

Continued

choice of any room in the house we now live in for herself

and also the privilege of the kitchen to cook for herself, my

three children to wit: Sarah Rebecca and Isaac will have the

privilege of living with any of their relations they please, and the

person or persons taking care of them shall have what remains

of their share of property, if any, at their death, if the use them well

Third and Last I do hereby nominate and appoint

David High and my son William Executors of this my last

Will and testament hereby authorizing and emp

-owering them to compromise, adjust and release and

discharge, in such manner as they may deem proper the

debts and claims due me. I also authorize and

empower them to superintend and Carry out the requisitions

of this my Last Will and Testament.

In Testimony whereof I have hereunto set my hand and

Seal this 10th Day of Sept 1846 - Jacob Seigfried {Seal}

Signed and acknowledged by said Jacob Seigfried as

his last Will and testament in our presence and Signed

by us in his presence (Signed) Nicholas Jones Tho' Pettibone

The State of Ohio Delaware county SS Court of Common

Pleas Special Term Jany 15th 1847 -

Personally appeared in open Court Thomas Pettibone and

Nicholas Jones who being duly Sworn depose and say, that the paper

before them purporting to be the Last Will and Testament

of Jacob Seigfried now deceased was by the said deceased

acknowledged published and declared to be his

Last Will and testament in the presence of these depo

nents: that the said deceased was of lawful age that

he was of Sound and disposing mind and memory

and under no restraint, as they verily believe that they

subscribed their names as witnesses in the presence

and at the request of Testator and in the presence of

each other Tho' Pettibone

Sworn to and Subscribed in open Mich Jones

Court this 15th day of January AD 1847

Geo W Johnes Deputy Clerk


Recorded January 18th 1847

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 383)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 383)

Description

[page 383]

[corresponds to page 340 of Will Records Vol. 2 1835-1850]


340

Bishop D Graves Will
____________________


Proceedings before his Honor Ozias Bowen President

of the second judicial Circuit of Ohio. Wm G. Norris and Marshal

L. Griffin two of the associate Judges of the Court of Common pleas

for said county, at the Courthouse in the town of Delaware in

said County on the seventeenth day of March AD 1847.

The last will and Testament of Bishop D. Graves

was this day brought into Court & proven by the oaths of Benjamin

F Fry and James H Godman the subscribing witnesses thereto

when examinations were reduced to writing, And it appearing

to the satisfaction of the Court that the said Bishop D Graves at

the time of executing said will was of full age of sound and

disposing mind and memory and under no restraint

It is therefore Ordered that said will and the proof

so reduced to writing be approved and the same is Ordered

to be recorded. And which is in the Words and figures

following to wit:

[in left margin: Will]

In the name of the benevolent Father of All, I Bishop

D Graves of the County of Delaware and State of Ohio do make

and publish this my last Will and Testament as follows

First - It is my will that all my just debts funeral expenses

and the costs of administration of my estate be fully paid

Secondly - I give and devise to my daughter Elizabeth

Ann Graves all the proceeds of my real estate hereinafter

devised to be sold. I also give and devise to my said

daughter all that may remain of my personal estate after

payment of my debts funeral charges and expenses of

Administration as aforesaid

Thirdly - I give and devise to my Executor hereinafter

named all my real estate in Trust, that he may sell the

same as soon as in his judgment such sale can be

made, without sacrifice either for cash in hand or on

reasonable Credit and receive the proceeds for the benefit

of my daughter hereinbefore named

Fourthly - I do hereby Constitute and appoint Charles

Bishop of the town of Waldo in said County of Delaware

Guardian of my said Daughter Elizabeth Ann who is now

an infant until she shall arrive at and be of the age

of eighteen years.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 384)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 384)

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[corresponds to page 341 of Will Records Vol. 2 1835-1850]


341

Fifthly - I do hereby Constitute and appoint the said

Charles Bishop Executor of this my last will and

testament.

And Lastly, I especially direct that all the proceeds

of my real estate and the remainder of my personal

estate after payment of my debts and the expenses

hereinbefore named shall at all times be kept out at

interest for the benefit of my said daughter until she

arrives at the age of eighteen years.

(The payment of principal and interest in all cases to be

made perfectly secure) And that when my said daug

hter shall arrive at the age of eighteen years the whole

proceeds of my real and personal estate herein devised

to her together with the interest that may accrue thereon

and remain unexpended shall be paid over to her in

money

In Testimony whereof I hereto set my hand

and seal this 1st day of February AD 1847

Signed Sealed published and -- Bishop D Graves {Seal}

declared by said Bishop D Graves as his last will and

testament in our presence who at his request and

in his presence subscribed the Same as Witnesses

Jas. H Godman

Benjamin F Fry

The State of Ohio Delaware County SS

I James H. Godman do solemnly swear that the paper

now here exhibited as the Last will & Testament of Bishop

D Graves late of said County deceased was on the 1st day

of February AD 1847 signed sealed published and decl

ared by said Bishop D Graves (then in full life but

Since deceased) as his last will and testament and that

I at his request and in his presence subscribed the same

As witness thereto. And further that at the time of

the signing sealing and publishing said will as aforesaid

Said Bishop D Graves was over twenty one years of age

of sound mind and not under any restraint

Sworn to and subscribed before Jas H Godman

me this 15 day of March AD 1847. O Bowen Pres Judge

Second Circuit
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 385)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 385)

Description

[page 385]

[corresponds to page 342 of Will Records Vol. 2 1835-1850]


342


The State of Ohio Delaware County SS

Court of Common pleas March Term 1847. Personally

appeared in open Court Benjamin F Fry who being duly

Sworn deposes and says, that the paper before them purpor

-ting to be the Last will and Testament of Bishop D Graves

now deceased was by the said Bishop D Graves acknowledged

published and declared to be his last will and testament

in presence of this deponent and James H. Godman that

the said deceased was of lawful age that he was of

Sound mind and memory, and under no restraint

as he verily believes, that he subscribed the same as

Witness in presence and at the request of the Testator

and in the presence of the other witness

Sworn to and subscribed in open Court

March Term AD 1847. Benjamin F Fry

George W Johnes Deputy Clerk -

And thereupon on motion of Charles Bishop the

Executor in said will named was Ordered that

Letters testamentary issue to him on his entering

into bond with Benjamin Olds and Benjamin F Fry

his sureties in the penalty of Seven Hundred Dollars

Conditioned according to law

_________________________________________________________________

Mary Cronkleton Will


The State of Ohio Delaware County SS

Proceedings before his Honor Ozias Bowen President of

the second judicial Circuit of Ohio and William G. Norris

and Marshal L Griffin esquires his associates two of the

Judges of the Court of Common pleas for said County

at the Court House in the town of Delaware in said County

on the sixteenth day of March AD One thousand eight

hundred and forty seven

This day the last will and testament of Mary Cronkleton

deceased was produced in open Court and duly proven by

the oaths of Shubael W Knapp and Andrew Harter two of the

subscribing witnesses thereto whose examination were reduced
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 386)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 386)

Description

[page 386]

[corresponds to page 343 of Will Records Vol. 2 1835-1850]


343


to writing, And it appearing to the satisfaction of said

Court that said Mary Cronkleton at the time of

executing said will was of full age of sound and

disposing mind, memory and understanding. It is

Ordered that said will and the Testimony so reduced

to writing be admitted to record

[in left margin: Will] In the name of the Benevolent Father of all

I Mary Cronkleton widow of the late Joseph Cronkleton

of Delaware County deceased, do make and publish

this my Last Will and Testament

Item First. I give and devise to my Son Robert Cronkle

-ton, all and singular the dwelling house in which I

now live, and the garden back of the house - the same

which was willed to me by my dear husband, Joseph

Cronkleton since deceased

Item Second. I give and bequeathe also to my son

Robert all the horses cattle and stock of every kind

together with all my household furniture to or in

which I may have any legal claim

I do hereby expressly will declare and

mean that my Son Robert Cronkleton shall take possession

of all the personal property immediately but the

house and garden shall only come into his possession

after my decease

Item Third - I give and bequeathe unto my daug

hter Elizabeth C Taylor ten dollars, To my grand

daughters Mary Jane Cronkleton and Margarette Cron

kleton five dollars each, to my son John Cronkleton

ten dollars. To my son Samuel Cronkleton five dollars

To my daughter Ann Cunningham five dollars

To my deceased daughter Margaret Andersons heirs

ten dollars. All the residue of my money, goods & effects

I give and bequeathe unto my son Robert Cronkleton

after my decease

Item Fourth - I do hereby appoint my son Robert Cron

kleton my sole Executor of this my last will and Testament

and do hereby order him to pay over after my decease unto

the persons above named the several sums bequeathed out

of my money and the remaining money to keep for

himself. I do hereby revoke all former wills by me made.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 387)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 387)

Description

[page 387]

[corresponds to page 344 of Will Records Vol. 2 1835-1850]

344 -


In testimony whereof I have hereunto set my

hand and seal this sixth day of February in the year of

our Lord One thousand eight hundred and thirty nine

Signed and acknowledged Mary Cronkleton {Seal}

by said Mary Cronkleton as her last will & testament in

our presence and signed by us in her presence

Shubael W Knapp

Andrew Harter Jr

The State of Ohio Delaware County SS

Court of Common pleas March Term 1847 - Personally

appeared in open Court Shubael W Knapp and Andrew

Harter Jr who being duly sworn depose and say that the paper

before them purporting to be the Last will and testament of

Mary Cronkleton now deceased was by the said Mary Cronkle

-ton acknowledged published and declared to be her last Will

and Testament in presence of these deponents: that the said

deceased was of full age, of sound mind and memory, and under no

restraint as they verily believe that they subscribed the Same as

witnesses in the presence and at the request of the Testatrix

and in the presence of each other S W Knapp

Sworn to and subscribed in open A Harter Jr

Court this sixteenth day of March AD 1847 -

George W Johnes Deputy Clk

And thereupon On motion of Robert Cronkleton the

Executor in said will named It is Ordered that Letters

Testamentary be granted to him on entering into bond with

S W Knapp and Andrew Harter Jr his sureties in the Sum

of $600. Conditioned according to law
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 388)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 388)

Description

[page 388]

[corresponds to page 345 of Will Records Vol. 2 1835-1850]


345

Michael Dennis Will


Proceedings before the Honorable O Bowen President

of the Second Judicial Circuit of Ohio. Wm G Norris &

Marshal S Griffin two of the associate Judges of the Court

of Common Pleas for Delaware County Ohio at

the Court House in the town of Delaware in said County

on the twenty fourth day of March AD 1847 -


This day the last Will & testament of Michael Dennis

decd was brought into Court and proven by the oaths of

Jacob Dennis and Josiah Powers the subscribing

witnesses thereto and whose examinations were

reduced to writing, And it appearing to the satisfa

ction of the Court that said Testator at the time of

executing said will was of Sound mind, memory

and understanding and not under any restraint

It is Ordered that said will so proven & the proof

reduced to writing be admitted to record


I Mihle Dennis of the County of Delaware &

the Tp of Oxford and state of Ohio, do order that

my farm and house and lot lying and being in

Ohio Tp of Canaan and county of Marion and State

of Ohio be sold at private sale. I do bequeath

to my wife Mary one third of the money that the

above mention farm and house and lot sells for

I also give to my wife Mary all the loose property

I possess. Also my Son William to have a Horse

saddle and bridle the horse to be worth fifty dollars

All my honest debts to be paid out of the other two

thirds of the money arising from the sale of the above

mentioned land and house & lot. I also give to

my daughter Elizabeth one Cow or the price of a cow

Also my daughter Mary one dollar, the ballance

of the money arising from the Sale of the above men

-tioned land to be equally divided between my three

Sons and my daughter Catharine. I do nominate

and appoint my wife Mary guardian over my

daughter Catharine. I nominate & appoint
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 389)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 389)

Description

[page 389]

[corresponds to page 346 of Will Records Vol. 2 1835-1850]


346


David O Jones and David Dennis my Executors.

I do hereby empower my Executors to sell the above

mentioned real estate and to give deeds in fee Simple

of the Same. In Testimony whereof I have fixt my

hand and Seal this 15th day of September AD 1846 -

Attest Jonah Powers his

Jacob Dennis Mikel X Dennis {SS}

mark

The State of Ohio Delaware County SS

Court of Common pleas. March Term 1847

Personally appeared in Open Court Jonah Powers and

Jacob Dennis who being duly sworn depose and say that

the paper before them purporting to be the Last Will and

Testament of Michael Dennis now deceased was by the said

Michael Dennis now deceased was by the said Michael

Dennis acknowledged, published and declared to be

his last will and testament, in the presence of these

deponents, that the said deceased was of lawful age

of sound and disposing mind and memory, and

under no restraint as they verily believe. that they

Subscribed the same as witnesses in the presence and

at the request of the Testator and in the presence of

each other Jacob Dennis

Sworn to and subscribed in Josiah Powers

Open Court this 24th day of March AD 1847.

Geo W Stark Clerk

And thereupon on motion of the Executors in said will

named it is Ordered that Letters Testamentary issue

to David O Jones and David Dennis on their entering

into bond with James James & Josiah Powers their

sureties in the sum of $1400 - Conditioned according to

Law
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 390)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 390)

Description

[page 390]

[corresponds to page 347 of Will Records Vol. 2 1835-1850]


347


The State of Ohio Delaware County SS

Proceedings before the Honorable Wm G Norris Marshal S Griffin

and Almon Stark associate Judges of the Court of Common pleas

for said County at the Clerks Office in the town of Delaware in said

County on the seventeenth day of April AD 1847

This day the last Will & Testament of Anson Williams Decd was

produced in open Court and duly proven by the oaths of Alva Mac

-omber and Samuel McCutcheon the subscribing witnesses thereto

who testimony was reduced to writing. And it appearing to the

Court that the deceased at the time of executing said will was

of Sound mind memory and understanding and under no

restraint It is therefore Ordered that said Will and the

Testimony so taken be entered of record

Will ~

I Anson Williams of the County of Delaware in the

State of Ohio make and publish this my last Will and Testam

-ent in manner and form following that is to say ~

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

my just debts be fully paid

2nd I give devise and bequeathe to my daughter Rebecca

my dwelling house and outbuildings on the west side of the

Columbus & Sandusky Turnpike road, and also six town lots

viz. to commence at VanBuren Street and thence running north

along the Columbus and Sandusky road to take three front

lots and three back lots immediately west of the three first

described. Also twenty acres of land commencing at the

South east corner of JS Williams lands thence West along

said line far enough to contain twenty acres by following up

the center of the Mathews brook oposite of the Olentangy street

Also twenty acres of land to commence at the South west corner of

lands owned by JD Fuller thence South along the Section line to lands

sold to Lorenzo and Augustus Thomas, thence forty rods along said

line, thence to strike the Mathew brook and thence to follow up said

brook far enough east by running a line due north to contain

twenty acres by running west to the place of beginning and the

privilege of a road on the South lines of J S Williams & JS Fuller's

lines so as to get to the said West twenty acres and if the said

Rebecca Williams should die and leave no heirs then the Above

described property is to be divided by my Executor,

Also all the house hold furniture, And my wife

Hannah is to live with the said Rebecca and the said

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 391)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 391)

Description

[page 391]

[corresponds to page 348 of Will Records Vol. 2 1835-1850]


348


said Rebecca is to clothe and maintain her mother together with

the assistance of my Executors during her natural life, this in lieu

of her dower

3rd I give and devise to my two grand Sons George and

Cornelius Williams ten acres of land bounded north by JS Will

-iams & JD Fullers lands west by lands willed to Rebecca Williams

South to the center of the Mathews brook up said brook far enough

by a north line to the place of beginning to make ten acres

4th I give and devise to my Son Jared S Williams all the lands

more or less that lies between George and Cornelius lands on the east

and as far South as the said Mathews Brook and north to the line

or road that is to be for the use of the said Rebecca

5th I give and devise to my Grandson Henry Williams a house and

two town lots that the house stands on, on the east side of the Columbus

and Sandusky Turnpike road and seven acres of land which I own

on the east side of Washington Street and bounded north by

John M. Williams land and east to the center of the said Johns lands

and South to G. L. Salsburys lands

6th I do further request that if my Son John M. Williams

shall stand in need of any assistance for my Executors to do it

7th I give and devise to my 4 Daughters Sally Bovee Polly Gibbs

Almira McCarty Elizabeth Seaby, fifty Dollars each to be paid to them

in clothing by my Executors when they have funds in their hands not for

other purposes

8th I do further request that Samuel McCutcheon is to have the

privileges that he now has so long as he shall want by paying the interest

and tax for the premises that he now occupies - Also I request that

my son J L Williams to have the privilege of putting in two horses in

the Stable which I have willed to my daughter Rebecca for a reasonable

time and lastly I hereby constitute and appoint Collins P Ellsbree

and Samuel McCutcheon to be the Executors of this my last Will and

Testament: revoking and annulling: all former Wills by me made

that my Executors have the power to dispose of all my property which

is not herein disposed both real and personal, and further I declare

the article of agreement to be valid between me and Joel Galland for

the time therein named And ratifying and confirming this and

no other to be my last Will and Testament In Testimony

whereof I have set my hand and seal this twenty second day of February

AD 1847 Anson Williams {Seal}

Signed Sealed published and declared by the above named

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 392)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 392)

Description

[page 392]

[corresponds to page 349 of Will Records Vol. 2 1835-1850]


349


Anson Williams as and for his last Will and Testament in presence

of us, who at his request have signed as Witnesses to the same

Alva Macomber

Samuel McCutcheon

The State of Ohio Delaware County SS

Court of Common pleas Special session April 17th 1847

Personally appeared in open Court Alva Macomber and

Samuel McCutcheon who being duly sworn depose and say

that the paper purporting to be the last Will & Testament of

Anson Williams Decd, was by the said Anson Williams

acknowledged published and declared to be his last

Will & Testament in the presence of these deponents: that

the said deceased was of lawful age that he was of

Sound disposing mind & memory & under no restraint as they verily

believe that they subscribed the same as Witnesses in the presence

& at the request of the Testator & in the presence of each other

Sworn to & subscribed Samuel McCutcheon

in Open Court this 17th Alva Macomber

day of April AD 1847 George H Johnes Deputy Clerk

And thereupon on motion of Samuel McCutcheon and

Collins P. Ellsbree the Executors in said will named It

is Ordered that Letters Testamentary be granted them

on their entering into bond with Alva Macomber

James L. Williams John M. Williams and

Isaac Bovee their security in the

penalty of $4000 ~ Conditioned according to law

Ordered that George Goding Caleb Hall

an d Jonathon Phinney appraise the personal estate of

said Deceased
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 393)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 393)

Description

[page 393]

[corresponds to page 350 of Will Records Vol. 2 1835-1850]


350

Joseph Carneys Will

The State of Ohio Delaware County SS

Proceedings before his Honor O Bowen President of the Second judicial

Circuit of Ohio, and William G. Norris Marshal L Griffin and Almon

Stark esquires his associates Judges of the Court of Common pleas for

said County at the Court house ini the town of Delaware in said county

on the eighth day of June AD 1847

Be it remembered this day the last will and testament of Joseph

Carney deceased was produced in open Court and duly proved by

the oaths of Henry Hodgden and John M. Frost the two subscribing

witnesses thereto whose examinations were reduced to writing. And

it appearing to the Court that said deceased at the time of execu

ting said last will and testament was of sound and disposing

mind and memory, of full age and under no restraint it is

Ordered that said will be approved and the same together with

the proof thereof be entered of record

And thereupon On motion of

[in left margin Will] I Joseph Carney of Berkshire township Delaware County Ohio

being of feeble health but of sound mind, do make and ordain

this my last will and testament, revoking any and all other

wills by me made at any former time

[in left margin: 1] First. It is my request and will that my funeral expenses be

fully paid.

[in left margin: 2] Second. That all my just debts be fully paid

[in left margin: 3] Third. That all right title and interest that I have in my Fathers

estate, particularly the landed property which remains undivided

in Luzerne County Pennsylvania, I will and bequeathe to my brother

Elijah Carney of Berkshire in said Delaware County Ohio, to be and

for his Sole use and benefit forever

[in left margin: 4] Fourth. That all my personal property, that shall remain I will &

bequeath to my Sister Hannah to be for her own use and benefit & to

have the use of the house where she now lives for to live in after my

decease. My debts I direct to be paid out of my real estate

And lastly I do appoint Elijah Carney to be my Executor to settle

all my worldly affairs according this my last will & Testament

In Testimony whereof I have hereunto set my hand and seal this

9th day of March 1839. Joseph Carney {Seal}

Signed & Sealed in the presence of us, who witness the Same at the request

of the Testator Henry Hodgden

John M. Frost
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 394)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 394)

Description

[page 394]

[corresponds to page 351 of Will Records Vol. 2 1835-1850]


351


The State of Ohio, Delaware County SS

Court of Common pleas. June term, 1847. Personally appeared in

open Court Henry Hodgden and John M. Frost who being duly sworn

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

and testament of Joseph Carney decd. was by the said Joseph Carney

acknowledged, published and declared to be his last will &

testament, in the presence of these deponents, that the said deceased

was of lawful age of sound and disposing mind and memory

and under no restraint, as they verily believe: that they

Subscribed the same as witnesses in the presence of and at the request

of the Testator and in the presence of each other

Sworn to and subscribed in open Henry Hodgden

Court this 8 day of June AD 1847 John M. Frost

Geo W Stark Clk per G. Johnes Dept

Clerks fee $1.33 Paid by Dr E Carney

Nov 21, 1849

__________________________________________________________________________


Phebe Chandlers Will


The State of Ohio Delaware County SS

Proceedings before his Honor O Bowen president of the Second

judicial Circuit of Ohio. William G. Norris Marshal L. Griffin

and Almon Stark esquires his associates, Judges of the Court of

Common pleas for said County at the Court house in Delaware in

said County on the ninth day of June AD 1847.

This day the Last Will & Testament of Phebe Chandler decd

was produced in open Court and duly proven by the oaths of

William Johnson and Lewis G. Riley two of the subscribing witnesses

thereto whose examinations were reduced to writing

And it appearing that said Phebe Chandler at the time of exec

uting said will was of sound and disposing mind and

memory, of full age and under no restraint It is thereupon

Ordered that said will and the proof so reduced to writing be

approved and entered of record

In the name of God amen. I Phebe I. Chandler

of the County of Delaware and state of Ohio being weak in

body but of Sound mind and understanding, and considering

the uncertainty of all human events do make this my last

will & testament. Whence shall please Almighty God in

his great mercy to call me from time to Eternity, after my

debts are paid and a respectable monument in place

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 395)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 395)

Description

[page 395]

[corresponds to page 352 of Will Records Vol. 2 1835-1850]


352

over my grave.

I, will, give and bequeath all my property both real & personal or

any that may at any time come to my part in the dividing of my

Fathers estate or otherwise. I give all to my death mother Comfort

Harrison for her use, during her natural life time, at her decease

I give it all to be equally divided between my brother William

M Chandler and my Sister Mary G Thrall and her children to

be entailed and kept for their use forever. that is William W

Chandler is to have one half of my property and Mary G Thrall &

her children the ballance Phebe J Chandler

April 28th 1847 Attest

William Johnson

Lewis G Riley. The State of Ohio Delaware County ss

Court of Common pleas June term 1847.

Personally appeared in open court Lewis G Riley and William

Johnson who being duly sworn depose and say, that the paper

before them purporting to be the last will and testament of Phebe

J Chandler now deceased was by said Phebe J Chandler, acknow-

=ledged published and declared to be her last will and testament

in the presence of these deponents, that the said deceased was of

lawful age, that she was of Sound and disposing mind memory

and under no restraint, as they verily believe, that they subscribed

the same as witnesses in the presence and at the request of the

Testatrix and in the presence of each other. L G Riley

Sworn to and subscribed in open Court William Johnson

this 10th day of June Ad 1847.

George W. Stark Clerk

And thereupon On motion it is Ordered that letters of Administration

with the will annexed be granted to Isaac Harrison on the

estate of said Phebe J Chandler decd on his entering into bond

with Ezra Griswold and Henry Van Deman his sureties in the

Sum of $1000. conditioned according to law

It is further Ordered that
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 396)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 396)

Description

[page 396]

[corresponds to unlabeled page 353 of Will Records Vol. 2 1835-1850]


Elizabeth Downings Will


The State of Ohio Delaware County ss

Proceedings before his Honor O Bowen President of the sixth

judicial Circuit of Ohio, William G Norris Marshal S

Griffin and Almon Stark esqrs his associates Judges of the

Court of Common Pleas for said County at the Court house in

the town of Delaware in said County on the day of June

AD 1847.

This day the Last Will and testament of Elizabeth Downing

was brought into Court and proven by the oaths of James

Davenport and Henry W Smith the two subscribing witnesses

thereto whose examinations were reduced to writing

And it appearing that said deceased at the time of

making said last will and testament was of full

age of Sound mind and memory and under no

restraint, It is therefore Ordered that said will and the

proof so reduced to writing be recorded.

Whereas I

Elizabeth Downing of the County of Delaware and State

of Ohio do make and constitute this instrument

as my last Will and Testament in the words following

to wit,

1st I give and bequeath to my Son John Downing

the following out of my personal property viz

Our good team of my Horse Cattle his choice. One set

of harness. One barshear and one shovel plough. One

harrow hod and an & one good bed & bedding

2nd I give to my Grandson Israel Darst one year

old horse colt

3rd The remainder of my property to be equally divided

among my other children except Samuel which has already

received his share. This I acknowledge as my last Will

& Testament in the presence of

Test James Davenport { This 1st day of June in the year

Henry W. Smith { of our Lord One thousand eight

hundred and forty Seven

Elizabeth Downing by her request

The State of Ohio Delaware County SS

Court of Common pleas June Term 1847

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 397)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 397)

Description

[page 397]

[corresponds to unlabeled page 354 of Will Records Vol. 2 1835-1850]



Personally appeared in open Court James Davenport and

Henry W. Smith who being duly sworn depose and say that the

paper before them purporting to be the last will and testament

of Elizabeth Downing now deceased was by her acknowledged

published and declared to be her Last will and testament in

the presence of these deponents, that the said deceased was of

lawful age, she was of sound and disposing mind and memory

and under no restraint, as they verily believe: that they subscribed

the same as witnesses in the presence and at the request of the Testa

-tor and in the presence of each other James Davenport

Sworn to and subscribed in open Henry W Smith

Court this 16th day of June AD 1847

G W Stark Clerk

Thereupon On motion Ordered that Letters of Administration

with the will annexed be granted to William Downing

and John Downing on the estate of said Elizabeth Downing on

their entering into bond with Isaac Darst and Henry Kline

their sureties in the penalty of $100.

Ordered that Henry Willey Jno Cunningham & Peter Cornfair

appraise the personal estate of said deceased -

___________________________________________________________


Joseph Cross's Will

Proceedings before the Honorable Associate Judges

of the Court of Common pleas for Delaware county

Ohio on the twelfth day of June AD 1847 at the June

term of said Court at the Court house in the town of

Delaware in said County

An authenticated copy of the last will and Testament of

Joseph Cross deceased, was produced in open Court, by Wesson

Powell & Buck attys &c. And the Court being satisfied that

the same had been executed and proven in all respects

according to the law of the State of Maryland, where the

said Testator died. And on motion It is Ordered that the

Same be recorded according to the Statute in such cases

made & provided
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 398)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 398)

Description

[page 398]

[corresponds to unlabeled page 355 of Will Records Vol. 2 1835-1850]


I Sophia Cross widow of Coll Joseph Cross late of Prince

George County, deceased, do hereby renounce and quit all

claim to any and every bequest or devise, as well of real as of

personal estate, made to me by the last will and testament

of my husband and proved according to law. and I elect to

take in lieu thereof my dower or legal share of the real and

personal estate of my said Husband.

In Witness whereof I have set my hand and Seal this 5th day of

October eighteen hundred and thirty Sophia Cross {Seal}

Witness Thos W. Nicholson

Joseph E Ponman

[in left margin: Will] In the name of God, Amen. I Joseph Cross of Prince

Georges County and State of Maryland, being low in health

but thanks be to God, in full enjoyment of my understanding

and anxious in that state to settle and adjust my worldly

affairs do with that view, make publish and ordain this my

last will and testament.

First I give and bequeath to my dearly beloved wife Sophia

Cross the plantation on which I now reside to have and to

hold the Same during her natural life provided she remains

Single and unmarried to the end thereof together with the

privilege of taking all necessary firewood and fence Stuff

from the land which I own called "pig pen, which she

may deem necessary for the use of the plantation

I also give and bequeath to my beloved wife

for and during her natural life provided she shall

remain single and unmarried to the end thereof all

that of a tract of land called Magruders resurvey, which

I purchased of my friend and neighbor Samuel Sprigg

together with the privilege of taking from the Same all

necessary fence Stuff for the use of that land alone and for

no other purpose. And the further privilege of using the

dead and down wood which may from time to time be on

the Same as fire wood at home - I also give and bequeath

to my beloved wife eight of my negroes to be Selected by herself

out of all that I may leave at the time of my death, except

such as I may hereafter dispose of by this my last will &

testament.

I also give and bequeath to my beloved wife Four
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 399)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 399)

Description

[page 399]

[corresponds to page 356 of Will Records Vol. 2 1835-1850]


356 Joseph Cross Will

horses, and ten horned cattle to be selected by herself together

with all the sheep and hogs which may be on the place at the time

of my death. I also give and bequeath to my beloved wife four

of my best beds together with the bedsteads and all necessary furniture

belonging to the Same. The rest and remainder of my house hold

furniture which may be in the house at the time of my death

including what plate I may have, I give and bequeath to my

beloved wife for and during her natural life, provided she shall

remain Single and unmarried to the end thereof. But should

She think proper to marry again or should it please God that

she die my widow, and in either event my will and desire is that

my plate be it more or less shall go to my neice May Ann Duckete

wife of Benjamin Duckete and the aforesaid residue of my

household furniture to go to my residuary Legatee hereinafter

named. I also give and bequeath to my beloved wife my

carriage & harness. It is moreover my will and desire that my

beloved wife shall maintain at her own proper charge and expense

my truly and faithful old Servants Charles & Rachael in such

manner as they have been accustomed to be maintained and Supported

by me and as becomes their condition

Secondly. I give and bequeath to Thomas Duckete youngest Son

of my dear wife Sophia Two hundred and Fifty Dollars to be paid

out of the sales of the Crop which may be on hand or growing on

the ground at the time of my death to be applied to his education

Thirdly. I give and bequeath to Hariot H. Duckete youngest

daughter of my dear wife Sophia Two hundred and fifty dollars

to be paid also out of the sales of the Crop, as in the aforegoing to

Thomas & to be applied to the finishing of her education and the

ballance and residue, if any, of such sale of the Crop as afore

Said to go to my beloved wife.

Fourthly. It is my will and desire that my Executors hereinafter

named shall upon the death of my beloved wife, or upon her again

marrying, and as soon after either of the aforesaid events as

practicable expose to sale and sell the aforesaid tract of land called

Pig Pen upon Credit or for cash as they may deem advantageous

And the proceeds thereof to divide in equal Share between my Nephew

Joseph Bett Son of Osborne Bett and my nephew Joseph C. Bett

Son of Moresham Bett

Fifthly. I give and bequeath to my beloved neice Mary Ann

Duckets wife of Benjamin Ducket my negro girl named
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 400)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 400)

Description

[page 400]

[corresponds to unlabeled page 357 of Will Records Vol. 2 1835-1850]


Mary together with all her increase forever

Sixthly. I give and devise to my neice Rachal Duvall wife

of Dennis Duvall my negro woman named Kate, together

with all her present & future increase forever

Seventhly. It is my will and desire that my Executors herein

after to be named Shall sell at public Sale within twelve

months after my decease, or at any reasonable time thereafter

all the residue and remainder of my personal estate

of every discription whatsoever and which has not been

heretofore disposed of or may not hereafter be disposed of

by this my last will and testament. And that they pay

out of the proceeds thereof as soon as collected Five

hundred Dollars to my nephew John Cross Son of my

brother Jeremiah Cross, and two hundred and fifty Dollars

to William Breashears Son of Benedict Breashears

Eightly. It is my will and desire that my Executors

Shall faithfully pay and discharge all my debts which

may remain unpaid at the time of my death out of the

residue of the money arising from the Sale of my personal

property herein before directed to be Sold

Ninthly. I give devise and bequeath to my nephew Fielder

Cross after the death of my dear wife or upon here again

marrying, the plantation herein before devised to her during

her natural life or so long as she shall remain Single and

unmarried, together with all parcel of a tract of land

called Magruders resurvey purchased as before mentioned

of Samuel Sprigg together with all the rest & residue of my

estate not herein before disposed of whether the same be

real or personal in possession reversion or remainder, to

him and to his heirs forever.

And lastly I do hereby constitute nominate and appoint

my nephew Fielder Cross and Benjamin Deckete my whole

and Sole Executors of this my last will & testament

In Testimony whereof I have hereunto set my hand and

Affixed my Seal this Sixth day of February in the year of our

Lord One thousand eight hundred and twenty Seven

Signed Sealed published and declared Joseph Cross {Seal}

by the Testator to be his last Will and testament in the presence of us

who at his request, in his presence and in the presence of

each other have subscribed our names as witness thereto
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 401)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 401)

Description

[page 401]

[corresponds to page 358 of Will Records Vol. 2 1835-1850]


358

Charles Duvall. Moresham Waring Richard Abbigill

Prince Georges County to wit September 30th 1830

Then came Moresham Waring and Richard Abbigill two

of the subscribing witnesses to the within and aforegoing will

and made oath on the Holy Evangely of Almighty God, that

they did see Joseph Cross the Testator herein named. Sign and Seal this

will, and heard him publish pronounce and declare the Same

to be his last Will and Testament, that at the time of his So doing

he was to the best of their apprehensions of Sound and disposing

mind memory and understanding and that they respectively

subscribed their named as witnesses to this will at the request of

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

Sworn before Phil Chew Reg

Wills for P G County

Maryland Prince Georges County to wit

I James Harper Register of wills for said County do hereby

certify that the aforegoing will is truly taken and copied from

Siber S. T. Nos Folios 4 folios 465. 466. 467. one of the Will records

of my office

In Testimony whereof I have hereunto subscribed my

name and affixed the Seal of the Orphans Court of Prince

Georges County this 9th day of June Anno Domini 1847

Jas Harper Regr of Wills

{Seal} for P G County


_____________________________________________________________


Will of Rhoda Kelsey decd


I Rhoda Kelsey of McKean Township Licking County Ohio

do make and publish this my last Will and testament.

First. It is my will that my just debts and all proper charges

be paid out of my Estate. Item I give and bequeath to my son

Basil Batchelor and to my daughter Polly Jennings Thankful Bentley

and Phalinda Dunlap each the sum of Ten Dollars and to the heirs of

my deceased daughter Laura Rose five dollars to be equally divided

among them equally, and all to be paid within three years from my decease

Item I give and devise to my son Lyman Batchelor all the

residue of my estate both real & personal including all my wearing

apparels Household furniture of every kind one bay mare moneys

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 402)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 402)

Description

[page 402]

[corresponds to page 359 of Will Records Vol. 2 1835-1850]


359

and credits and thirty five acres of land lying and being in

Delaware County Ohio, it being part of the fourth section third Town

=ship and seventeenth range of the United States military lands

and was deeded to me 5 August 1845 by D Keeler Guardian

of Edgar M. Witt and recorded in the recorders office of Delaware

County in Vol 26 pages 425 & 426

Item I do hereby nominate and appoint my Son Lyman

Batchelor Executor of this my last will and testament. I do

revoke all former wills by me made & In testimony whereof I

have hereunto set my hand and seal this 28 June 1847

her

Rhoda X Kelsey

mark

Signed & acknowledged by said Rhoda Kelsey as her last will

and testament in our presence & signed by us in her presence

Warner C. Carr

Lemuel P. BLanchard

Proof made of said will Sept 1847, at the Sept Tm of

Licking Court of Com Pleas. Letters granted to Lyman Batchelor

Admitted to record in Delaware Com Pleas. Oct 19th 1847

_______________________________________________________________


Lucius Case decd Will

_______________________________________________________________

Proceedings before the Court of Common pleas of Delaware

County Ohio on the 28th day of October at the October term of said

Court AD 1847

This day the last Will and testament of Lucius Case decd was brought

into open court and proven by the oaths of the Subscribing witnesses thereto

whose testimony was reduced to writing and said Will approved and

Ordered to be recorded.

[in left margin: Will] I Lucius Case of the county of Delaware in the State of Ohio being of

Sound mind do make and publish this my last Will and testament in

manner and form following that is to say

First - It is my will that all my funeral expenses and just debts be paid

Second - I give and devise to my aged mother Electa Case two Cows

and twelve Sheep.

Third - I give and devise to my brother Thomas F. Case all my interest

in two lots of land one lying west of lands owned by Milton S. Case's

heirs Supposed to contain about thirty five acres, the other lying east being
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 403)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 403)

Description

[page 403]

[corresponds to page 360 of Will Records Vol. 2 1835-1850]


360 Lucius Cases Will Continued


part of a lot known as the Campbell section supposed to contain about

eighteen acres

Fourth. I give and devise to my brother Alonzo H Case all the ballance of my

personal property and effects by him paying my debts and expenses

Also I give and devise all the ballance of the lands I am possessed of to the

said Alonzo H Case, and it is further my will that if he should die without

legal heirs that my lands should fall back to my surviving brothers

In testimony whereof I have hereunto set my hand and seal this eleventh

day of October One thousand eight hundred and forty Seven

Signed Sealed and delivered in presence of Lucius Case {Seal}

us who at his request have signed it as witnesses to the Same

John Cunningham

Isaac Bush Jr

The State of Ohio Delaware County SS

Court of Common pleas October term 1847 Personally appeared in

Open Court John Cunningham and Isaac Bush Jr who being duly

Sworn depose and say, that the paper purporting to be the last Will

and testament of Lucius Case now deceased was by the same Lucius

Case acknowledged, published and declared to bed his last will and testa

=ment in presence of these deponents: that the said deceased was of

lawful age, that he was of sound and disposing mind & memory and

understanding and under no restraint, as they verily believe. that they

subscribed the same as witnesses in the presence and at the request of the

testator and in the presence of each other John Cunningham

Sworn to and subscribed in open Court this Isaac Bush Jr

28th day of October AD 1847. George W Stark Clerk

_______________________________________________________________________


Will of Sally Ann St John deceased

_________________________________

The State of Ohio Delaware County SS

Proceedings before the Court of Common pleas for said County at

the Court House in said county on the 22nd day of October AD 1847 at

the October term of the Court aforesaid

The last will and testament of Sally Ann St John decd was brought

into Court, and one of the subscribing witnesses thereto being unable to appear

in open Court A Commission open to take the testimony of such witness

And thereupon said will was proven and ordered to be recorded together

with all proof in relation thereto and which is in the words and figures to wit
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 404)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 404)

Description

[page 404]

[corresponds to page 361 of Will Records Vol. 2 1835-1850]


361

Sally Ann St Johns' Will

In the name of the benevolent Father of all

I Sally Ann St John late Sally Ann Ink do make and publish

this my last will and testament - Item 1st - I give devise and

bequeath to my son Ezra C Ink and his heirs the farm or tract of

land described as follows, Situate in the County of Delaware and State

of Ohio and being in the second quarter of the 7th township and

17th range U S M towit lot No 9 being the same law patented to

Thomas and Margaret Henderson by Thomas Jefferson President

of the United States May 22nd 1806. Now I do hereby give and

devise and bequeath to my said son Ezra the East half of the West sixty

prime acres of the above discribed tract or parcel of land containing

34 and one half acres

Item 2nd I do hereby give and devise to my daughter Betsey

Jane the sum of Seventy dollars to be paid to her by my Son Ezra

C Ink in lieu of her interest in the above described land devised

to my said Son

Item 3rd I do hereby nominate and appoint Ezra C. Ink Executor

of this my last will and Testament In Witness whereof

I have hereunto set my hand and Seal this 9th day of November

AD 1846 Sally Ann St John {seal}

Signed and executed in the presence of us WP Ink

Parley R Cady

The State of Oho Delaware County ss

To Lewis Mulford esqr Justice of the Peace for Marion County O

Know you that we in confidence of your prudence and fidelity have

appointed you, and by these presents do hereby appoint you to examine

upon oath and take the depositing of P R Cady a Subscribing Witness

to the last Will and Testament of Sally Ann St John decd (hereto annexed)

of Marion County Ohio: with reference to the execution signing &

publishing of said will by the said Sally Ann St John decd as her

last Will and testament, which will is now pending for probate

in the Court of Common Pleas of said County of Delaware.

We therefore Command you that you cause said PR Cady to be

brought before you at a certain time and place to be appointed by

you and then and there to examine the said P R Cady in reference

to the execution and validity of the said will, and all matters

touching the same as provides by the Statute regulating the probate

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 405)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 405)

Description

[page 405]

[corresponds to page 362 of Will Records Vol. 2 1835-1850]


362

of wills, and that you reduce the same to writing and return the same

to our said court signed and sealed in due form, forthwith, together

with this writ and the will hereto annexed

Witness George W Stark Clerk of said Court at the Court House in Delaware this

19th day of October AD 1847 {seal} George W Stark Clerk


The State of Ohio Marion County Ss

Be it remembered that on the 30th day of October AD 1847 Personally

appeared before the undersigned a justice of the Peace in and for the county

aforesaid Parly R Cady who being duly sworn according to law upon his

oath says that the instrument shown him by me purporting to be the last

Will and Testament of Sally Ann St John decd was subscribed by himself

as one of the subscribing witnesses at the request of the said Sally Ann

and also W P Ink at the request of the said said Sally Ann subscribed

said will as the other subscribing witness. That said WP Ink subscribed

the said Will in the presence of the said Affiant and that affiant knows

his Signature thereto to be genuine and further affiant says not

Sworn to and subscribed the day and year Parly R Cady

above written Lewis Mulford Justice Peace

The State of Ohio Marion County Ss I Lewis Mulford a Justice of

the Peace in and for the county aforesaid hereby certify that the above

named PR Cady is prevented by bodily infirmity and sickness from appea

ring in open court oct 29th 1847 Lewis Mulford JP

The State of Ohio Marion County Ss

Personally appeared before me Lewis Mulford a Justice of the Peace in

and for said County Parly R Cady who being duly sworn depous and says

that the paper purporting to be the last Will and Testament of Sally Ann St John

deceased was by the said Sally Ann St John acknowledged, published and

declared to be her last Will and Testament, in the presence of these deponents,

that the said deceased was of lawful age, that she was of sound and disposing

mind and memory, and under no restraint as they verily believe & that he

subscribed the same as witnesses the presence and at the request of this Testatrix

and in the presence of WP Ink the other subscribing witness.

Sworn to and witnessed before me Parly R Cady

this 19th day of October AD 1847. Lewis Mulford JP
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 406)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 406)

Description

[page 406]

[corresponds to page 363 of Will Records Vol. 2 1835-1850]


363

Martin Meads Will


The State of Oho Delaware County Ss

Proceedings before the Court of Common pleas for said county

at the Court house in Delaware in said county on the twentieth day of

October at the October term of said Court Ad 1847

This day the last will and Testament of Martin Mead decd

was brought into court and proven by the oaths of the subscribing

witnesses thereto whose examinations were reduced to writing

approved and ordered to be recorded

Know all men by these presents that I Martin Mead of Benn

=ington Township Delaware County Ohio make this my last will &

testament.

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

debts should be paid, and I give and bequeath unto my wife Polly

the use of all my real estate and personal property in lieu of her

Dowery after my debts is paid, and as long as she remains my

widow and when she is dead or shall marry, the remainder of

all my real estate or personal property is to be divided between my

four Sons as follows towit: I give unto my son John C Mead

twenty Seven acres and a half to be taken off the South side the

Eighty four and three fourths acre lot on which I now reside

3rd I give unto my son Amaziah Mead twenty seven acres

and a half, to commence at the north east corner of the piece given

to said John and to run north far enough to make the said

quantity by taking the whole width of said lot: 4th I give unto

my son Assel J Mead twenty acres to commence at the north east

corner of the said piece given to the said Amaziah and thence

north to the north east corner of the said 84 3/4 acres lot and thence

West far enough to make said quantity, and 5th remainder

of my real estate I give unto my Son Alva H Mead it being 9 3/4

acres, and in case the personal property should fail to pay the

debts there each one is to bear his equal proportion or have

land enough sold to make his share of the debts

6th I appoint my wife Polly and my Son Amaziah Mead

to be executors of this my last will and testament revoking

all former wills made by me the said Executors are hereby

empowered to sell personal property at private or public sale

and upon such terms of credit as they think fit and in Case

they have to sell land they are hereby authorized to sell without any

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 407)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 407)

Description

[page 407)

[corresponds to page 364 of Will Records Vol. 2 1835-1850]


364

order from court and at private or public sale as they think best and

7th I appoint my son Amaziah Mead to be Guardian for my Son Assel

J Mead until he arrives at twenty one years of age, and said Guardian

may act without giving Security to Court for his guardianship In Testimony

whereof I have hereunto set my hand this 19th day of August in the year

1847. Martin Mead {seal}

Executed in presence of Reuben Barrett Wheeler Whitney


The State of Ohio Delaware County Ss Court of Common Pleas October

Term 1847. Personally appeared in open Court Reuben Barrett and

Wheeler Whitney who being duly sworn depose and say, that the paper

before them purporting to be the last Will and Testament of Martin Mead

now decd, was by the said Martin Mead acknowledged published and

declared to be his last will and testament in the presence of these deponents

that the said deceased was of lawful age of sound and disposing mind

and memory and under no restraint as they verily believe that they subscribed

the same as Witnesses in the presence and at the request of the testator and

in the presence of each other. Reuben Barrett

Sworn to and subscribed in open court this Wheeler Whitney

twentieth day of October AD 1847 George W Stark Clerk


Will of Orin S Hopkins deceased


The State of Ohio Delaware County SS

Proceedings before the Honorable Court of Common pleas for said

county at Delaware in said county on the twentieth day of ocotber

Ad 1847

This day the last Will and testament of Orin S Hopkins deceased

was produced in open Court and duly proven by the oaths of the subscr

ibing witnesses thereto whose examinations were reduced to writing

and said will and proof approved and ordered to be recorded

Know all men by these presents that I Orin S Hopkins of the township of

Bennington Delaware County Ohio make this my last will and testa=

=ment, 1st It is my will that my funeral expenses and all my just

debts shoud be paid

2nd I give and bequeath unto my wife Nancy all my personal property

and all my real Estate during her natural lifetime in lieu of her

dower and after her death the remainder of all my property is to
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 408)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 408)

Description

[page 408]

[corresponds to page 365 of Will Records Vol. 2 1835-1850]


365

be equally divided between all my children

3dly I appoint my wife Nancy to be executrix of this my last

will and testament and I give her full power and authority to collect

debts and to pay debts the same as myself, to sell lands or to divide

lands to give deeds without any order from Court and to sell all

or any part of my property at private or public sale as she may

think best and upon such terms of credit as she may think proper

4th I appoint my wife Nancy Guardian for all my

children until they arrive at full and lawful age, and in all of

the above she may act with or without Security to Court and without

taking and returning any Inventory to Court.

In testimony whereof I have hereunto set my hand and

seal this 25th day of August in the year 1847

Executed in presence of Orin S Hopkins {seal}

MJ White James Cronk

The State of Ohio Delaware County Ss

Court of Common pleas October term AD 1847

Personally appeared in open court MJ White and James Cronk

who being duly sworn depose and say that the paper before them

purporting to be the last Will and testament of Orrin S Hopkins

now deceased was by the said Orin S Hopkins acknowledged

published and declared to be his last Will and testament, in

the presence of these deponents; that the said deceased was of lawful

age that he was of Sound and disposing mind and memory and

under no restraint, as they verily believe, that they subscribed the

Same as Witnesses the presence and at the request of the Testator

and in the presence of each other MJ White

Sworn to and Subscribed in Open Court James Cronk

this 20th day of October Ad 1847 George W. Stark Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 409)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 409)

Description

[page 409]

[corresponds to page 366 of Will Records Vol. 2 1835-1850]


366

Will of John Williams deceased


The State of Ohio Delaware County Ss

Proceedings before the Court of Common pleas for said county at the

Court house in the town of Delaware in said county on the nineteenth

day of October at the October term of the Court aforesaid AD 1847 -

This day the last Will and testament of John Williams late

of said county deceased was produced in open court and proven by the oaths

of the subscribing witnesses thereto whose examinations were reduced to writing

and said will approved and ordered to be recorded

Will "In the name of God, amen, I John Williams of Radnor township in

the county of Delaware and State of Ohio do make and publish this my last

Will and Testament in manner and form following First It is my Will that

my funeral expenses and all my just debts be fully paid

Second I will and bequeath to my wife Margaret the farm that I now live

on lying and being on lot No 14 in township 7 Section 4 Range 20

USM lands in township County and State aforesaid, during her natural

life, and after her death I will and bequeath the above described real estate to

my son John Williams in fee simple and to his heirs and assigns forever

Third, I also will and bequeath all my personal property unto my

said Son John after the death of my said wife Margaret

(Provided / that my said son John shall pay the following legacies towit

First, To my son Robert five dollars

Second, To my daughter Ann Cheny five dollars and

Third, To my grandson Thomas Williams five dollars

Lastly, I hereby appoint my said son John Williams Jr Executor of this my last

Will and Testament hereby revoking all former wills by me made and ratifying and

confirming this and no other as my last Will and Testament

In testimony whereof I have hereunto set my hand and seal this

his

13th day of September AD 1847 John x Williams {seal}

mark

Signed sealed and acknowledged in the presence of us who signed the same as

witnesses at his request Evan Watkins, Morgan Williams


The State of Ohio Delaware County Ss

Court of Common pleas October term 1847 Personally appeared in Open

Court Evan Watkins and Morgan Williams who being duly Sworn depose

and say, that the paper before them purporting to be the last Will and Testament

of John Williams deceased was by the said John Williams, acknowledged, published

and declared to be his last will and testament in the presence of these deponents

that said deceased at the time of executing said will was of sound and disposing

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 410)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 410)

Description

[page 410]

[corresponds to page 367 of Will Records Vol. 2 1835-1850]


367


mind and memory, and under no restraint, as they verily believe,

that they subscribed the same as Witnesses in the presence and at the

request of the Testator and in the presence of each other

Sworn to and subscribed in open Court Morgan Williams

this nineteenth day of October AD 1847 Evan Watkins

George W Stark Clerk


Will of Solomon Carr deceased


The State of Ohio Delaware County ss

Proceedings before the Court of Common pleas for said county at

the Court house in the town of Delaware in said county on the

nineteenth day of October at the October term of said Court

AD 1847

This day the last Will and Testament of Solomon Carr deceased

was produced in open Court and duly proven by the oaths of the

subscribing Witnesses thereto whose examinations were reduced to writing

and it appearing that all things in relation thereto is correct the same

is approved and ordered to be recorded

I Solmon Carr of the County of Delaware and State of Ohio

do make and publish this my last will and testament in manner and

form following that is to say

first, it is my will that my funeral expenses and all my just

debts be fully paid

Second, I give devise & bequeath to my beloved wife Priscilla

Carr in lieu of her dower the plantation on which we now reside

situate in Scioto township in the county and state above named

containing one hundred and fifty acres during her natural life or so

long as she remains my widow, and all the live stock horses cattle

sheep hogs &c by me now owned, also the farming tools together

with household and kitchen furniture and other items not particularly

named, Also all debts that may be due me during her natural life

or widowhood aforesaid, she however first disposing of a sufficiency

thereof to pay all my just debts as aforesaid, and at the death or

marriage of my said wife all the personal property hereby devised

or bequeathed to her as aforesaid or so much thereof as may then

remain unexpended to be sold and divided equally between all

my children

The property however now on the place owned
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 411)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 411)

Description

[page 411]

[corresponds to page 368 of Will Records Vol. 2 1835-1850]


368

Solomon Carrs Will Continued

by my son Gideon Carr I allow him to keep towit one horse, two cows

and several hogs, also the colt owned by my daughter Elizabeth Carr

I allow her to keep, also the property owned by my daughter Rebecca

Carr I allow her to keep, towit one mare, two cows and two calves and

several hogs And at the death or marriage of my said

wife it is my will that my son Gideon Carr keep the above named farm

on the following conditions, that he pay to each of my lawful heirs

the sum of Two Hundred and fifty dollars, if however he should

not be able to make the above named payments in the term of twelve

years from the death or marriage of my said wife the farm to be put

to sale and after paying back to my son Gideon Carr the amount

by him paid to the other heirs the remainder to be distributed

among all my heirs so that each one may receive an equal portion

the above named sums to be paid in twelve equal anual payments

to commence one year from the death or marriage of my said

wife paying off the oldest first unless the Executors thought necessity

required otherwise

And lastly I hereby constitute and appoint my said wife Priscilla

Carr and George Bean to be the executors for this my last will and

testament revoking and annuling all former wills by me made

and ratifying and confirming this and no other to be my last Will

and testament In Testimony whereof I have hereunto set my hand

and seal this twenty third day of November in the year of our Lord

One thousand eight hundred and forty Solomon Carr

Signed published and declared to by the above named Solomon Carr

as and for his last Will and testament in presence of us who at his

request have signed as witnesses to the same James Ligget

Daniel B Oliver

The State of Ohio Delaware County Ss

Court of Common pleas October term 1847 Personally appeared in

Open Court James Ligget and David B Oliver who being duly sworn

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

testament of Solomon Carr now deceased, was by the said Solomon Carr

acknowledged, published and declared to be his last Will and Testament

in presence of these deponents; that the said deceased was of lawful age

that he was of sound and disposing mind and memory, and under no

restraint, as they verily believe that they subscribed the same as Witnesses in

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

Sworn to and subscribed in open Court this James Ligget

19th day of Ocotber AD 1847 Geo.W.Stark Clerk David B Oliver
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 412)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 412)

Description

[page 412]

[corresponds to page 369 of Will Records Vol. 2 1835-1850]


369

Will of Jotham Tompkins deceased


The State of Ohio Delaware County Ss

Proceedings before the Court of Common Pleas for said

County at the Court house in Delaware in said County on

the nineteenth day of October at the October term of said court

AD 1847

Be it remembered that this day the last will

and Testament of Jotham Tompkins late of said county decd

was produced in open Court and duly proven by the oaths of the

Subscribing Witnesses thereto whose examinations were reduced

to writing and said will approved and ordered to be recorded

I Jotham Tompkins of the County of Delaware

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

and Testament in manner and form following that is to Say

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

just debts be fully paid.

Secondly, I give and bequeath to my mother Esther Tompkins

the entire use and benefits of the whole of my property after all just

debts is paid during her natural life, and at the death of my

mother Esther Tompkins

Thirdly, I give and bequeath to my nephew Jotham Ball

the Sum of Two hundred and fifty Dollars to be vested in lands

purchased and selected by my Executors to the best advantage as

in the opinion of said Executors

(fourthly) I give and bequeath to my Sister Mary Ball the

farm on which I now reside, being fifty acres in Berkshire

Township, being the same land bought by me from Willaim

Wright - being more particularly described by deed from said Wright

fifthly I give and bequeath to my two sisters Martha Rundle

and Rhoda Hubbard equally and jointly the fifty acres of land owned

by me in Genoa township being the same land I purchased I

purchased of John Rundle further discription can be had by the

deed from said Rundle

It is further my wish that all my personal or moveable property

be sold immediately after my decease and the proceeds of such Sale

to be put out on interest for the use of my mother as aforesaid

and lastly, I hereby constitute and appoint David A Ball and

Charles Armstrong to be the Executors for this my last Will and

Testament revoking and annulling all former wills by me made
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 413)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 413)

Description

[page 413]

[corresponds to page 370 of Will Records Vol. 2 1835-1850]


370

Jotham Tompkins Will Continued

and ratifying and confirming this and no other to be my last Will and

Testament in Testimony whereof I have hereunto set my hand

and seal this 28th day of July Eighteen hundred and forty Six

Signed published and declared by Jotham Tompkins {seal}

the above named Jotham Tompkins as and for his last Will and Testament

in presence of us who at his request have signed as witnesses to the Same

Elijah Young

Eliphaz Bigelow


The State of Ohio Delaware County Ss

Court of Common Pleas October term AD 1847

Personally appeared in open Court E Bieglow and Elijah Young who

being duly sworn depose and say, that the paper before them purporting to

be the last Will and Testament of Jotham Tompkins now deceased, was

by the said Jotham Tompkins acknowledged published and declared to be

his last Will and Testament in the presence of these deponents that the said

deceased was of lawful age, that he was of sound and disposing mind and

memory, and under no restraint as they verily believe, that they subscribed

the same as Witnesses in the presence and at the request of the Testator, and in

the presence of each other Eliphaz Bigelow

Sworn to and subscribed in open court this Elijah Young

19th day of October AD 1847 George W Stark Clerk


Will of Conrad Long deceased


The State of Ohio Delaware County Ss

Proceedings before the

Court of Common pleas for said county at the Court house in Delaware

in said county on the nineteenth day of October AD 1847 at the October

term of said court

The last Will and Testament of Conrad Long deceased was this day

produced in open court and duly proven by the oaths of the subscribing

Witnesses thereto whose examinations were reduced to writing and

said Will was thereupon approved and ordered to be recorded

In the name of the Benevolent Father of All: I Conrad

Long of Delaware County, Harmony Township do make and publish

this my last will and testament

First It is my will that my just debts and all charges be paid out of my

personal property

Item 1st I give and devise to my beloved wife her choice of one bed
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 414)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 414)

Description

[page 414]

[corresponds to page 371 of Will Records Vol. 2 1835-1850]


371

bedstead and bedding with all the household and kitchen

furniture one cow five head of sheep with a comfortable living

off of the farm on which I now reside, and in default thereof to

hold her third during her natural life

Item 2nd I devise and bequeath to my Son Jacob Long the South

half of the farm on which I now reside, to have and to hold the same

during his natural life and then to descend to his heirs; situate

in Delaware County, Harmony

Item 3rd I devise and bequeath to my Son Lewis Long the north

half of the farm on which I now reside to have and to hold the same

during his natural life and then to descend to his heirs

The above farm to be divided East and West so as to throw the

buildings on the north half said farm is estimated to contain

two hundred and ninety two acres

Item 4th I devise and bequeath to my daughter Catha

=rine Waltmire [Waltermire] and her heirs to their own use and benefit the sum

of Six hundred dollars to be paid in Six annual payments

commencing two years after the death of the testator by the

above named Jacob Long and Lewis Long

Item 5th I devise and bequeath to my daughter Mary Evans

and her heirs the farm on which Eliza Evans now resides situate

in the County of Delaware and in the State of Ohio and in the forth

quarter of the Seventh township in the Sixteenth range and described

as lot No twenty three containing fifty acres be the Same more or

less it being the South half of said lot, Also One hundred Dollars to

be paid by Jacob Long and Lewis Long to my daughter Mary

Evans and her heirs in one year after the death of the testator.

I also release my Son Jacob Long from the payment of a

receipt which I hold against him for three hundred and fifty

dollars dated December 4th 1840

Item 6th I do hereby nominate and appoint Jacob Long and

Lewis Long Executors of this my last Will and testament hereby

authorizing and empowering them compromise adjust release

discharge in Such manner as they may deem proper the debts and

claims due me I do hereby revoke all former Wills by me made

In Testimony whereof I have hereunto set my hand and Seal this

19th day of May in the year 1847 his

Conrad x Long {seal]

mark

Signed and acknowledged by said Conrad Long as his last Will and

Testament in our presence and Signed by me in his presence

T H Madden Thomas Roby
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 415)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 415)

Description

[page 415]

[corresponds to page 372 of Will Records Vol. 2 1835-1850]


372


The State of Ohio Delaware County Ss Court of Common Pleas

October term 1847. Personally appeared in open Court Thomas H

Madden and Thomas Roby who being duly sworn depose and Say

that the paper before them purporting to be the last Will and Testament of

Conrad Long now deceased was by the said Conrad Long acknowledged

published and declared to be his last Will and Testament in the presence of

these deponents; that the said deceased was of lawful age that he was

of sound and disposing mind and memory, and under no restraint as they

verily believe, that they subscribed the same as witnesses at the request of the

Testator and in the presence of each other T.H. Madden

Sworn to and subscribed in open Court this Thomas Roby

19th day of october AD 1847 George W Stark Clerk


Certified Copy of the Will of Benjamin S Brown


The State of Ohio Delaware County Ss

Proceedings before the Court of Common Pleas for said County

at the Court House in Delaware in said County on the nineteenth

day of October AD 1847.

A certified copy of the last Will and Testament of Benjamin S Brown

decd was this day produced in open Court and being admitted to probate

and certified under the Seal of the court of Common pleas of Knox

County in this State the same is approved and ordered to be recorded

The State of Ohio Knox County Ss Be it remembered that at a

Court of Common Pleas holden before the Hnorable Ezra Dean

President and Abner Ayers Elie Miller and Richard C Davis Associates

Judges of said county at the Court house in Mt Vermon in said county of

Knox on the third day of April AD 1839 The last Will and Testament of

Benjamin S Brown deceased was produced in open Court and Wm A Hoey

and R C Hurd the subscribing witnesses thereto being in open court duly

sworn and interrogated depose and Say they saw the said deceased Sign

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

and Testament, and that in the presence and by the express direction of the

Testator they signed the same as Witnesses and Jesse B Thomas and Anson

B Hurd two of the subscribing Witnesses to the Codicil to the said Will

being also in open Court duly sworn and interrogated depose and say

that they saw the said deceased sign the said Codicil and heared him

acknowledge the same to be his last Will and testament and that
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 416)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 416)

Description

[page 416]

[corresponds to page 373 of Will Records Vol. 2 1835-1850]


373


in the presence and by the express direction of the testator they signed

the same as witnesses, and the said witnesses being further

interrogated state that the said Testator at the time of Signing

the said Will and codicil was of sound mind and memory

of full age not under any restraint to the best of their belief

Whereupon it appearing to the Court that the said Will and

Codicil was duly executed it is ordered that letters Testamentary

issue to Catharine C Brown IW Burr and HP Curtis the Executors

named in said will upon their entering into bond with Jesse B

Thomas and Homer Curtis who are approved of as bail in the Sum

of Twenty thousand Dollars

It is further ordered that Samuel Elliott Mathew H Mitchell

and F W Rogers appraise the personal estate of said deceased

It is further ordered that the Clerk record said will and the

proof above taken

Thereupon the said Executors appeared in open court and were duly

Sworn agreeably to law The said Catharine C Brown widow

of said deceased at the same time declared in open court her elective

to take under the Will of the said deceased, Which said Will

and Codicil so proven as aforesaid and ordered to be recorded

are in the words and figures following towit

I Benjamin S Brown do make and publish

this my last will and testament as follows after payment of

my debts I give and devise and bequeath to my beloved wife Catha

=rine C One undivided third part of my Estate real and

personal this devise being in lieu of dower. Also such articles

of house hold furniture as she may Select without limit

I give devised and bequeath to my three sons, Joseph

Richard S. and Jesse B all the rest and residue of my estate

real and personal, my wifes third of the estate may at any time

she may request be assigned to her by any other person whom the

Court may appoint she having the privilege of Selecting the one third

at such valuation as may be placed upon it by the said appraising

Conveyance therefore to be executed to her therefore by my other exe

=cutors or by such person as the said Court of Common pleas

of Knox County may appoint, And my Executors herein after named

are hereby authorized and empowered to Sell and Convey at private

or public Sale as to them may Seem proper all or any of

my real Estate herein before devised to my said children
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 417)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 417)

Description

[page 417]

[corresponds to page 374 of Will Records Vol. 2 1835-1850]


374


I however recommend that unless strong reason present therefore

that my real estate in and near Mt Vernon be retained for the use and

benefit of my said children when they shall have arrived at age except

such as my said wife shall select. I nominate and appoint my wife

Executrix and Dr J.N. Burr and H B Curtis esq Executors of this my

last Will and Testament & Guardians of my said children (my wife

being entitled to the custody) with instructions that said children be

thoroughly and well educated by regular college course and such other

opportunities as may be in the power of said Guardians to afford

And I require that my said Guardians yearly furnish and exhibit

to the Court aforesaid a statement of the accounts and doings as such

Guardians In Witness whereof I hereto set my name and Seal

this 29th day of August 1837 Ben S Brown {seal}

Signed sealed published and declared by the testator as his last Will

and Testament in presence of the undersigned who attest the same in

his presence and at his request W A Hoey

R C Hurd

The following is the Codicil annexed to said Will I Benjamin

S Brown do make and declare the following to be a Codicil to my

foregoing Will that is to say I devise and bequeath to my dear daughter

Katharine Eliza who has been born since the execution of the

within will an equal portion with her said Brothers Joseph, Richard

and Jesse in the part of my estate real and personal in my Said Will

devised and bequeathed to them share and share alike

Witness my hand and seal this 25th day of November AD 1838

Signed Sealed and declared in presence of us Ben S Brown

who hereto sign this as witnesses in presence of and by request of the

Testator Jesse B Thomas Eliza Ann Burr

Anson B Hurd

The State of Ohio Delaware County Ss

I Isaac Hadley, Clerk of the Court of Common pleas in and for

said county do hereby certify that the foregoing Will and proof are truly

taken and copied from the record of Wills in and for said County Book

"A" pages 366.6 67 - 369 - In Testimony whereof I have hereunto set

my name and affixed the Seal of said court at the Clerks office in

Mt Vernon this 16 day of March AD 1841

{seal} Isaac Hadley Clerk

per H S Miller Dept Clk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 418)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 418)

Description

[page 418]

[corresponds to page 37 of Will Records Vol. 2 1835-1850]


375


Will of James Anway decd


The State of Ohio Delaware County Ss

Proceedings before the Honorable Court of Common pleas

for said county at the Court House in the town of Delaware

in said county on the twenty fifth day of March AD 1848

Be it remembered that this day the last will

and testament of James Anway late of said county deceased

was produced in open Court and duly proven by the oaths

of the Subscribing witnesses thereto whose examinations

were reduced to writing, And it appearing from such

testimony that said deceased at the time of executing

said will was of Sound and disposing mind memory

and understanding and not under any restraint. It is

Ordered that the same be approved and entered of record

which will and testimony appears in the words and

figures following to wit

"I James Anway of the County of Delaware in the

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

testament in manner and form following that is to say

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

just debts be fully paid

2nd I give and bequeath to my beloved wife Mary full

one third of all I possess, during her natural life

3rd I give unto my son Nicholas my team and all of

the farming tools

4th I give unto my two sons Nicholas and William

two thirds of my real estate, also at my wifes death my

two sons heretofore mentioned to have the hole of my

property except my household furniture

5th I give unto my daughter Neonia all of my household

furniture at the death of my wife

And lastly I hereby constitute and appoint Oliver Stark

to be the Executor for this my last will and testament

revoking and annuling all former Wills by me made

and ratifying and confirming this and no other to be

my last will and testament.

In testimony whereof I have hereunto set my hand

and seal this 29th day of March AD 1845

Sined published and declared by the above named James

Anway as and for his last Will and testament in presence
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 419)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 419)

Description

[page 419]

[corresponds to page 376 of Will Records Vol. 2 1835-1850]


376

of us who at his request have signed as witnesses to the

Same James Anway {Seal}

Festus Sprague

Pardon Spooner

The State of Ohio, Delaware County Ss.

Cout of Common pleas March term 1848

Personally appeared in open Court Pardon Spooner and Festus Sprague

who being duly sworn depose and say, that the paper before them

purporting to be the last will and testament of James Anway now

deceased, was by the said James Anway acknowledged, published

and declared to be his last will and testament, in presence of

these deponents, that said deceased was of lawful age that he

was of sound and disposing mind memory and understanding

and under no restraint, as they verily beleive: that they subscribed

the same as witnesses in the presence and at the request of the

Testator, and in the presence of each other Pardon Spooner

Sworn to and subscribed in open Festus Sprague

Court this 21st day of March AD 1848

George W Johnes deputy clerk

And thereupon On motion of Oliver Stark the Executor in

said Will named It is Ordered that Letters testamentary be

granted to him on his entering into Bond with George Landon

and Nicholas Jones his Securities in the Sum of $300.00

conditioned according to law

It is further Ordered that Jacob C Rosecrauns Ira Blackman

and Clarke Stevens appraise the personal estate of said deceased

And thereupon the widow of said deceased appeared in open

Court and made her election to take under the will of her deceased

husband.

____________________________________________________________________


Will of Barbary Morgan deceased

_______________________________


The State of Ohio Delaware County SS

Proceedings before the Honorable Court of Common pleas for

said County at the Court House in the town of Delaware in said

County on the twenty fifth day of March AD one thousand eight

hundred and forty eight

This day the last Will and Testament of Barbary Morgan late

of said county deceased was produced in open Court and duly proved
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 420)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 420)

Description

[page 420]

[corresponds to page 377 of Will Records Vol. 2 1835-1850]


377

by the oaths of the Subscribing witnesses thereto whose

examinations were reduced to writing and appearing

from such testimony that said deceased at the time of

executing said will was of sound and disposing mind

memory and understanding and not under any restraint

It is therefore Ordered that said will and the proof so reduced

to writing be approved and entered of record And which

said will and the proof so reduced to writing is in the

words and figures following to wit

In the name of the Benevolent Father of all

I Barbary Morgan of the county of Delaware, and State

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

testament

Item 1st I give and bequeath or devise to my daughter

Susanna Morgan all my moneys and effects, all my

personal property I give and devise to said Susanna after

paying my just debts and paying my funeral expenses

Said Susanna to take immediate possession of all

herein devised at my death.

I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set

my hand and Seal this twentieth day of February in the

year of our Lord one thousand eight hundred and forty

seven her

Barbary ___ Morgan {Seal}

mark

Signed and acknowledged by said Barbary Morgan as her

last Will and testament in our presence and signed by us

in her presence S W Knapp

Daniel Shaver

The State of Ohio Delaware County Ss

Court of Common pleas March term 1848

Personally appeared in open Court Shubael W. Knapp and

Daniel Shaver who being duly sworn depose and say that

the paper before them purporting to be the last Will and

testament of Barbary Morgan now deceased was by the said

Barbary Morgan acknowledged, published and declared to

be her last Will and testament in presence of these deponents

that said deceased was of lawful age that she was of sound

and disposing mind and memory and under no

restraint as they verily believe, that they subscribed the

Same
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 421)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 421)

Description

[page 421]

[corresponds to page 378 of Will Records Vol. 2 1835-1850]


378

as witnesses in the presence and at the request of the Testator and

in the presence of each other S W Knapp

Sworn to and subscribed in open Court Daniel Shaver

this 25th day of March AD 1848. Geo W Stark Clerk

_____________________________________________________________________


Will of George Beach deceased

_____________________________

The State of Ohio Delaware County Ss

Proceedings before the Honorable Judges of the Court of Common

pleas for said County at the Court house in the town of Delaw=

are in said County on the twenty fifth day of March in the year

of our Lord One thousand eight hundred and forty eight

The last will and testament of George Beach late of the

County deceased was this day produced in open Court and

duly proved by the oaths of the Subscribing witnesses thereto

whose examinations were reduced to writing and appear

=ing from such testimony that said deceased at the time of

executing said will was of sound and disposing mind

and memory and not under any restraint. It is there=

upon Ordered that said will and the proof as reduced to

writing be approved and entered of record. Al of which

appears in the words and figures following towit:

I George Beach of the County of Delaware and State of Ohio

do make publish this my last will and testament in

manner and form following that is to say

First, It is my will that my funeral expenses and just debts

be paid

Second, I give and devise and bequeath to my beloved wife

Mary Beach all the property I now own during her natural

life, after that to be disposed of as follows

Third, I give to my son George Beach ten dollars to be paid

in property in two years

Fourth, I give to my daughter Elizabeth C twenty five

dollars to be paid in property in three years from the death

of my self and wife

Fifth, I give to my daughter Antu Simmons twenty

five dollars in four years from the death of myself and

wife
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 422)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 422)

Description

[page 422]

[corresponds to page 379 of Will Records Vol. 2 1835-1850]


379

to be paid in property

Six, I give to my son Henry Beach all that remains

after paying the above mentioned dowers full and clear

forever

And lastly I hereby constitute and appoint Clark

Brunson and my said wife Mary Beach to be the Executors

of this my last Will and testament revoking and

annuling all former wills by me made and ratify

ing and confirming this and no other to be my last

Will and testament

In testimony whereof I have hereto set my hand and

Seal this first day of June AD 1838

his

George { Beach

mark

Witnesses present

S M Williamson Signed publish and declared

Clark Brunson by the above named

George Beach as and for

his last will and testament,

in presence of us who at his

request have Signed ourselves

The State of Ohio. Delaware County SS

Court of Common pleas March term 1848

Personally appeared in open Court S M. Williamson

and Clark Brunson who being duly sworn depose

and Say, that the paper before them purporting to be

the last Will and testament of George Beach late of Said

County now deceased was by the said George Beach

acknowledged, published and declared to be his

last Will and testament, in the presence of these

deponents, that the said deceased was of lawful age

that he was of Sound and disposing mind and memory

and under no restraint, as they verily beleive that

they subscribed the same as Witnesses in the presence

and at the request of the Testator and in the presence

of each other S M Williamson

Sworn to and subscribed in open Clark Brunson

Court this 25th day of March 1848

Geo W Stark clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 423)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 423)

Description

[page 423]

[corresponds to page 380 of Will Records Vol. 2 1835-1850]


380

Will of William Page deceased

The State of Ohio Delaware County Ss

Proceedings before the Honorable Court of Common pleas

for said county at the Court House in the town of Delaware

in said county on the twenty fourth day of March eighteen

hundred and forty eight

Be it remembered this day the last Will and testament of

William Page late of said county deceased was produced

in open Court and duly proven by the oaths of Edward Mason

Elnathan Stevens and John Bensley the subscribing Witnesses

thereto whose examinations were reduced to writing and

it appearing from such testimony that said deceased at the

time of executing said last Will and testament was of

Sound mind memory and understanding and not under

any restraint the same is approved and Ordered to be

recorded and which appears in the words and figures

following to wit

"The last will and testament of William Page of Porter township

Delaware County and State of Ohio. I william Page

considering the uncertainty of this mortal life and being of

Sound mind and memory, blessed be Almighty God for the Same

do make and publish this my last will and testament in

manner and form following that is to say

First - I give and bequeath unto my beloved wife Sally Page all

the household furniture goods and chattles that I am possessed

of at the time of my death to do with the Same as she may

think most for her benefit and comfort. Also to have possess

and occupy the farm where I now reside, estimated to contain

Fifty acres, together with all the improvements and appur-

tenances thereunto belonging or anywise appertaining after

my decease and during her natural life. said Fifty acres of

land is situated in the second section fifth township and

sixteenth range of the United States Military lands in Porter

township in Delaware County and State of Ohio, and is

bounded on the south by land of Washington Page and on the

north by land of Riley Page. Also I give and bequeath to my

beloved wife one cow and Six Sheep. Secondly, I the said

William Page having heretofore at different times given by

deed to my sons William Page Jr now decd Roswell Page

Samuel Page

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 424)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 424)

Description

[page 424]

[corresponds to page 381 of Will Records Vol. 2 1835-1850]


381.

Riley Page and Washington Page various tracts of land

for their share or portion of my real and personal

Estate as follows: to my Son William Page Jr now

deceased, I have given one hundred and ten acres

of land to my son Roswell Page one hundred and

twenty seven acres of land to my son Samuel Page

ninety acres of land, to my son Riley Page fifty acres

of land, which gifts I consider to be their full equal

share of my real and personal Estate. I have also

executed and delivered to my son Washington Page

a deed of fifty acres of land off of the south part of

the farm where I now reside and which is on this express

Condition, that he the said Washington Page shall

in two years after my decease pay or cause to be paid

to my daughter Polly Delina Wells wife of Peter Wells

now resident in the State of Illinois the Sum of Two

hundred Dollars, and Thirdly I now give and

bequeath to my son Robert Page after the decease

of my beloved Wife the farm which I now reside

estimated to contain Fifty acres of land, together with

all the improvements thereon and appurtenances

thereunto belonging or anywise appertaining

Said land situated in the second section fifth

township and sixteenth range of the United States

Military lands in Porter township Delaware County

Ohio, and is bounded on the south by lands of

Washington Page and on the North by lands of Riley

Page, And the aforesaid gift is made on the

express condition that is to say he is to pay or cause

to be paid in one year after the decease of my beloved

wife the sum of Two hundred Dollars to my daughter

Levina Rosecrans wife of Hiram Rosecrans now

residing in the State of Illinois, also to pay or cause to

be paid the sum of Fifty Dollars to my son Thomas

Jefferson Page And thirdly have given in the year

One thousand Eight hundred and forty the sum of

One hundred and twenty five dollars in cash

to my son Ransom Page I now give and bequeath

to him in addition the Sum of Five Dollars to be

paid
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 425)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 425)

Description

[page 425]

[corresponds to page 382 of Will Records Vol. 2 1835-1850]


382

him in one year after the decease of my wife

And lastly having distributed all my property both

real and personal to my children as near equal as I could

it is my wish and desire that each shall be satisfied and

contented with their share and enjoy it through a long life

with Contentment and happiness

In testimony whereof I the said William Page have hereunto

set my hand and seal this twenty seventh day of August in

the year One thousand eight hundred and forty Seven

Executed in presence of William Page {Seal}



Elnathan Stevens

John Bensley

Edward Mason

The State of Ohio Delaware County Ss

Court of Common pleas March term 1848

Personally appeared in open court Edward Mason Elnathan

Stevens and John Bensley who being duly sworn depose and

Say, that the paper before them purporting to be the last Will

and testament of William Page now deceased was by the said

William Page acknowledged, published and declared to be

his last Will and testament, in presence of these deponents

that the said deceased was of lawful age and that he was of Sound

and disposing mind & memory and under no restraint, as

they verily believe, that they subscribed the same as witnesses

in the presence and at the request of the Testator and in the

presence of each other Edward Mason

Sworn to and subscribed in open Elnathan Stevens

court this 31st day of March AD 1848 John Bensley

G W Stark Clerk

_____________________________________________________________________

Will of John Hannover deceased

______________________________


The State of Ohio Delaware County SS

Proceedings before the Honorable Court of Common pleas for said

County at the Court house in the town of Delaware in said county

on the twenty third day of March AD 1848

Be it remembered this day the last Will and testament

of John Hannover late of said county deceased was produced

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 426)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 426)

Description

[page 426]

[corresponds to page 383 of Will Records Vol. 2 1835-1850]


383


in open court and duly proven by the oaths of the

subscribing witnesses thereto whose examinating

were reduced to writing and it appearing from

Such testimony that said deceased at the time of

executing said will was of sound and disposing

mind and memory and not under any restraint

it is therefore ordered that said will and the proof

So taken be approved and entered of record and which

appear in the words and figures following towit

In the name of the benevolent Father of all, I John

Hannover of Harlem township Delaware County and

State of Ohio do make and publish this my last will

and testament

First. I give and devise to my beloved wife in lieu of

her dower the farm on which we now reside situate

in Range Sixteen, township three, Section four, Lot

Sixteen, Ohio military lands containing about

one hundred acres of land during her natural life

and all the stock, household goods furniture

provisions and all other goods and chattles which

may be thereon at the time of my decease during

her natural life as aforesaid. The however Selling so

much thereof as may be sufficient to pay my just

debts and funeral expenses.

At the death of my said wife all my real estate

shall be divided between my Six sons on this wife

1st To my eldest son Joseph Hannover deceased

the east end of lot No 15 Range 16 township 3

Section H being the same that I deeded to him in his

life time for a small consideration named. The

real consideration being an advance to him of his

share of my estate

2nd To my two sons Isaac Hannover and John

Hannover I give the westend flat 15 Range 16

Township 3 above to be divided equal between them

at the decease of my said wife. Isaac Hannover

however is to hold the possession of said lot fee of rent

or any other incumbrance until the death of my

said wife

3rd To my two sons Jackson S Hanover & Nathan
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 427)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 427)

Description

[page 427]

[corresponds to page 384 of Will Records Vol. 2 1835-1850]


384


Hanover I give the south side of Lot 16 Range 16

Township 3, Section 4 (or one half of said lot south side)

at the decease of my said wife

fourth, I give to Lyman Hanover the north half of

lot 16, Township 3, Section 4, Range 16 at the decease

of my said wife, by his taking good care of his mother

during her natural life and paying all necessary expenses

of Physicians and funeral & al

fifth, to my two daughters Susan Shaver and Sarah

Ford, I give of my personal property forty dollars worth

apiece if there should be so much unexpended at the

decease of my said wife the residue of my said personal

property if there is any I give to Lyman Hanover

to assist him to defray the expenses of a good support

for his mother

Sixth, as to my other daughters Jane Smith Rebecca

Koontz Polly [illegible] I have given to them their share of my

estate in advance. I do hereby nominate and appoint

Benjamin Gorsuch Executor of this my last Will and testament

hereby authorizing and empowering him to compromise adjust

release and discharge in such manner as he may deem

proper the debts and claims due me

In testimony whereof I have hereunto Set my hand and seal

this 24th day of August AD 1843

Signed and acknowleged by John Hanover {seal}

Said John Hanover as his last

will and testament in our presence Daniel Hunt Wm H Smith

George Wickizer --- The State of Ohio Delaware County ss

Court of Common pleas March term 1848

Personally appeared in open Court Daniel & Wm H Smith who

being duly sworn depose and say that the paper before them purporting

to be the last will and testament of John Hanover now deceased, was by

the said John Hanover acknowleged published and declaring to be his

last will and testament in the presence of these deponents; that

the said deceased was of lawful age that he was of sound and

disposing mind and memory, and under no restraint

as they verily believe; that they subscribed the same as

witnesses in the presence and at the request of the Testator
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 428)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 428)

Description

[page 428]

[corresponds to page 385 of Will Records Vol. 2 1835-1850]


385

and in the presence of each other

Sworn to and subscribed in Daniel Hunt

open court this 24th day Wm H Smith

of March AD 1848

George W Stark Clerk


Will of Jehiel Terrill deceased


The State of Ohio Delaware and county Ss

Proceedings before the Honorable Court of Common

pleas for said county at the court House in the town

of Delaware in said county on the twenty first day of

March One thousand eight hundred and forty eight

Be it remembered this day the last Will

and testament of Jehiel Terrill late of said county

deceased was produced in open Court and duly proved

by the oaths of Orsamus D Hough and Peter Short two

subscribing witnesses thereto whose examinations

were reduced to writing and it appearing from

Such testimony that said deceased at the time of

executing said Will was of Sound and disposing

mind and memory and under no restraint. It is

therefore Ordered that said Will and testimony so

reduced to writing be appeared and entered of record

and which appears in the words and figures

following towit

I Jehiel Terrill of the county of Delaware in the

State of Ohio do make and publish this my last will

and testament in manner and form following that is

to say First, It is my will that my funeral expenses and

all just debts be fully paid

Second, I give and bequeath to Charlotte Courtier

Six acres of land in a square form out of the south west

corner of lot No 31 Range 17, Township 5 Section 3.

United States Military tract Ohio Delaware County

Second, I give and bequeath to John R Terrill

lot no. 30 in Range 17, Township 5, Section 3 United

States Military tract Ohio Delaware County

Third I give and bequeath to Winans W Terrill

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 429)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 429)

Description

[page 429]

[corresponds to page 386 of Will Records Vol. 2 1835-1850]


386


lot number 31, in Range township and section aforesaid

except the six acres given to Charlotte Courter, said tracts

of land contain one hundred acres each for further

description reference is had to deed of said land made

by Thomas Salter to said Jehiel Terrill.

Fourth, It is my will that all my personal property that

may be left after my funeral expenses and debts are paid

should be equally divided or sold by my Executors and the

money divided between the following persons Mary Finley

Elizabeth Roloson & Cornelia Adams

Fifth, I do hereby nominate and appoint John R Terrill and

Winans W Terrill Executors 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 Seventeenth

day of May AD 1846 Jehiel Terrill {seal}

Signed and acknowledged by the said Jehiel Terrill

as his last will and testament in our presents and signed by

us in his presents O.D. Hough

Jacob Roloson

Peter Short

The State of Ohio Delaware County Ss

Court of Common pleas March Term 1848

Personally appeared in open court O.D. Hough and Peter

Short who being duly sworn depose and say that the paper

before them purporting to be the last will and Testament

of Jehial Terrill now deceased, was by the said Jehiel Terrill

acknowledged, published and declared to be his last Will and

testament in the presence of these deponents: that the said

deceased was of lawful age, that he was of sound and disposing

mind and memory, and under no restraint as they verily

believe, that they subscribed the same as witnesses in the

presence and at the request of the Testator and in the presence

of each other O.D. Hough

Sworn to and subscribed in Peter Short

open Court this 21st day of March AD 1848

George W. Johnes Deputy Clerk Ss
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 430)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 430)

Description

[page 430]

[corresponds to page 387 of Will Records Vol. 2 1835-1850]


387


Certified copy of the Will of William Edgar decd


The State of Ohio Delaware County Ss

Proceedings before the Court of Common Pleas for said

county at the Court House in Delaware in said county

on the thirteenth day of June AD 1848

A certified copy of the last will and Testament of

William Edgar decd was this day produced in Open

court and being admitted to probate and certified

under the Seal of the Surrogate of the County of Mid-

dlesex in the State of New Jersey, the same is approved

and ordered to be recorded

The State of New Jersey Middlesex County S.S.

I Josiah Ford Surrogate of the County of Middlesex

do certify the annexed to be a true copy of the last

Will and Testament of William Edgar late of the County

of Middlesex deceased and that Matthias B. Edgar

William Edgar Jr and Clarkson Edgar the former of the

city of New York and the two last named of the County

of Middlesex the Executors therein named proved the same

before me and are duly authorized to take upon themselves

the administration of the Estate of the testator agreeably

to the said will

Witness my hand and the seal of office the

twenty fourth day of October in the year of our

Lord One Thousand Eight Hundred & forty five

I. Ford, Surrogate

Copy of the Will.

In the name of God, Amen I, William Edgar of Woodbridge

in the county of Middlesex and State of New Jersey of

sound and disposing mind and memory do make

and publish this my last will and testament

I order and direct as soon as is convenient and proper

after my decease that my just debts be paid

I give devise and bequeath unto my ten children

Matthias B. Edgar Alexander Edgar Catharine B Edgar

William Edgar Jr Jenette T E Baker wife of Cornelius Baker

Clarkson Edgar John B. Edgar Cornelius H. Edgar, Mar-

garet P. Cornell wife of William W. Cornell and Phebe B. Edgar

and their heirs and assigns forever all my Estate
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 431)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 431)

Description

[page 431]

[corresponds to page 388 of Will Records Vol. 2 1835-1850]


388

Real and Personal of whatever the same consists to be divided

equally among them share and share alike and I give

and devise that share and portion of my estate real and

personal which is along given and devised to my said daughter

Phebe B. to my Executor hereinafter named and the Survivor

and Survivors of them in trust for the use and benefit of my

said daughter and her lawful issue to be appropriated and

applied by the said Trustees for her benefit in such sums

and is such manners as they the said Trustees shall in

their discretion deem proper for her comfortable support

and maintainence to be held by the said Trustees free

from and beyond the control of the husband of my said

daughter if she shall marry and not liable to his debts

contracts liabilities or interference in any way whatever so

that the said share given and devised to her shall be and

remain in trust for her separate use and for the support & of

her lawful issue in such manner as the said Trustee

shall think proper and at the death of my said daughter

Phebe B. without lawful issue I give and devise her share of

estate real and personal to my heirs at law equally to be

devided between them

And I hereby give and devise my estate subject to the com-

fortable support and maintanience of my beloved wife

to the amount of her thirds if she desires it out of the same

during her life and to the use and occupation of my dwelling

house and furniture by her during her life if she desire it

I give and devise to my Grandchildren William E Baker son

of my daughter Jennett, William H. Edgar, son of my son

Matthew B. Edgar and William M. Edgar son of my son Alex-

ander Edgar, and to William E. Blanchard son of the widow

Abigail Blanchard One Hundred Dollars each

I hereby authorize and empower my Executors and the survi-

vors and survivors of them to sell and dispose of in any way

they may think of advantage to my estate all my real and

personal estate and to execute and deliver good and

sufficient deed and conveyances for the same

Lastly I hereby constitute and appoint my sons Matthias

B. Edgar William Edgar Jr Clarkson Edgar Alexander Edgar

John B Edgar and Cornelius H. Edgar, Executors of this

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 432)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 432)

Description

[page 432]

[corresponds to page 389 of Will Records Vol. 2 1835-1850]


389

my last will and testament and to act and have the

custody and charge of my estate as Executors thereof in the order foll-

owing that is to say the three first named who shall survive

me shall be the acting Executors during this joint life

and at the death of any of them then and in that event

the next named Executor to be an acting Executor and

in the same order three of my said Executors shall be

the acting Executors of this my last will

In testimony whereof I have hereunto set my hand

and seal this Tenth day of April in the year of our Lord One

Thousand Eight Hundred and forty five }

Signed Sealed & Published and declared } Wm Edgar {seal}

by the Testator William Edgar as and for his last will and

testament in the presence of us who have hereunto subscribed

our names as witnesses thereto in the presence of the said Testa

tor and in the presence of each other

Jackson Freeman

F. King

Clayton Moore


Certified Copy of the will of Asa Heth decd

The State of Ohio Delaware County Ss

Proceedings before the Court of Common pleas for said County

at the Court House in Delaware in said County on the

Sixteenth day of June AD 1848

A certified copy of the Last Will and Testament of Asa Heth

dec'd and being admitted to probate and certified under the

Seal of the Register of Wills for Allegheny County State of Pennsyl-

vania the same is approved and ordered to be recorded

Copy of the Will

In the name of God Amen I Asa Heth being weak in body

but of sound mind and memory blessed be Almighty God

for the same do make and publish this my last will and

Testament in name and form following that is to say

Item First, I give and bequeath to my oldest sister Nancy

Heth Thirty Dollars I do give and bequeath to my youngest

Sister Elizabeth Heth Thirty Dollars which said legacies or sums

of money to be paid as is hereinafter mentioned. Item Second

I give and bequeath to my three brothers William William Heth

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 433)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 433)

Description

[page 433]

[corresponds to page 390 of Will Records Vol. 2 1835-1850]


390

Samuel L. Heth and Henry Heth all my land on

with the appurtenances lying and being in the County

of Delaware in the State of Ohio containing One Hundred and

Twenty six acres more or less adjoining the lands of William

Heth Samuel P Heth and others to be equally divided between

them these share and share alike and my will and meaning

is that my three brothers William Heth, Samuel Heth,

and Henry Heth above named shall pay an equal part

of the above legacies or sums of Thirty Dollars apiece to each

of my sisters Nancy Heth and Elizabeth Heth above named

within three months after my decease Item Third And all the

rest of my personal property of whatever kind or wherever found

I give to my two brothers Samuel L Heth and Henry Heth to

equally divide between them and share and share alike

and lastly I do hereby hereby appoint my youngest brother

Henry Heth my Sole Executor of this my last Will and

Testament hereby revoking all former Wills by me made

In witness whereof I have hereunto set my hand and seal

the twenty fourth day of February in the year of our Lord One

thousand and thirty six

Asa Heth {Seal}

Signed Sealed published and declared by the above named

Asa Heth to be his last will and Testament in the presence of us

who have hereunto subcribed our names as witnesses in the

presence of the Testator, Sampson Kaston Samuel Heth Jr

Samuel Heth Sen.


Allegheny City SS.

Be it remembered that on the 13. day of

May 1836, personally appeared before me D. Gilliland Esq

Register of Wills for said County Samuel Kaston and Samuel

Heth Sen two of the subscribing witnesses of the foregoing will

who being severally and solemnly sworn according to law

did depose and say that they were present and saw and heard

Asa Heth the Testator sign seal and pronounce and declare the

foregoing instrument of writing to be as and for his last will and

Testament and at the time of his so doing he was of perfect

sound and disposing mind memory and understanding

according to the best of their Knowledge observation and belief

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 434)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 434)

Description

[page 434]

[corresponds to page 391 of Will Records Vol. 2 1835-1850]


391

Given under my hand the above date

D Gilliland

Recorded May 13, 1836. Register


Allegheny County SS

{ Seal} I, P. A. Maderia Register for the

probate of Wills xc in and for said

County do hereby certify that the foregoing

instrument of writing is a true and cor-

rect copy of the last will and Testament of Asa Heth

dec'd as remaining of record in the Register Office of said County

in will Book Vol 4 Page 392.

Given under my hand and seal of Office this

27. day of February 1845.

P A Maderia

Register


Commonwealth of Pennsylvania

Allegheny County Ss

I George R Riddle Prothonotary

of the District Court of the County of Allegheny do hereby

certify that P A Maderia Esq by whom the foregoing certificate

{Seal} was give and who has thereunto in his own proper

hand writing subscribed his name was at the

time of giving said Certificate and now is Register

of Wills for said County duly elected

and sworn to all whose acts, as such due faith and credit

are and of right ought to be given throughout the United

States and elsewhere

Given under my hand and the seal of

said County this 27. day of February AD 1845

Geo R Riddle


Commonwealth of Pennsylvania

Allegheny County SS

I, R. C. Grier President Judge

of the District Court for the County of Allegheny do hereby

certify that George R. Riddle by whom the foregoing certificate

was given and who has thereunto in his own proper hand writing

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 435)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 435)

Description

[page 435]

[corresponds to page 392 of Will Records Vol. 2 1835-1850]


392


subscribed his name, was at the time of giving said certificate

and now is Prothonotary of said Court duly elected commissioned

and sworn to all, whose acts as such due faith and credit are

and of right ought to be given throughout the United States and

elsewhere, and that said Certificate is in due form of law

Given under my hand and seal this 27. day of

February AD 1845

R. C. Grier {Seal}


Will of Samuel R Canan deceased

The State of Ohio Delaware County SS

Proceedings before the Honorable Court of Common pleas for said

County at the Court House in the town of Delaware in said County on

on the 13th day of June AD 1848

Be it remembered this day the last will and testament of

Samuel R Canan late of said County deceased, was produced

in open Court and duly proven by the oaths of Frederick Decker

and Christian Myers two subscribing witnesses thereto whose exam

inations were reduced to writing and it appearing from said

testimony that said deceased at the time of executing said will

was of sound and disposing mind and memory and under no

restraint. It is there fore Ordered that said will and testament

so reduced to writing be approved and entered of record

and which appears in the words and figures following, to wit


I Samuel R Cannan of the County of Delaware in the State

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

in manner and form following that is to say

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

just debts be fully paid.

Second - I give devise and bequeath my interest in lot No 12 in

survey No the 93 Virginia military land to my infant son Charles

Edwin Cannan the interest that may accrue or the money which

I have paid on said lot of land to be paid yearly and every year

the one third thereof to my beloved wife and the balance or two

thirds of the interest aforesaid to be carefully kept or expended

if necessary for the use of my infant son aforesaid by my

Executors

Third - I give and devise whatever may remain of my

personal goods after paying my debts aforesaid to my beloved
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 436)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 436)

Description

[page 436]

[corresponds to page 393 of Will Records Vol. 2 1835-1850]


393

wife Harriet L Cannan

Lastly - It is my desire that the Court will appoint my father

Robert Cannan Guardian of my infant son and I do

constitute and appoint Robert Cannan the Executor of this my

will and testament revoking and annulling all former

wills by me made and ratifying and confirming this and no

other to be my last will and testament.

In testimony whereof I have hereunto set my hand and seal

this 25th day of March 1848

Samuel R. Cannan {Seal}

Signed published and declared by the above Samuel R

Cannan as and for his last will and testament in presence of us

who at his request have signed as witnesses to the same

March 25th 1848 Christian Myers

Frederick Decker

The State of Ohio Delaware County SS

Court of Common Pleas June Term 1848

Personally appeared in open Court Christian Myers and

Frederick Decker who being duly sworn depose and

say that the paper before them purporting to be the last will

and testament of Samuel R Cannan, now deceased was by the

said Samuel R. Cannan acknowledged published and

declared to be his last Will and testament in the presence

of these deponents that the said deceased was of lawful age

and he was of sound and disposing mind and memory

and under no restraint as they verily believe that they sub-

scribed the same as witnesses in the presence and at the request

of the Testator and in the presence of each other

Sworn to and Subscribed in open

Court this 13th day of June AD 1848 Christian Myers

Frederick Decker

G W Stark Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 437)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 437)

Description

[page 437]

[corresponds to page 394 of Will Records Vol. 2 1835-1850]


394

Last Will and Testament of

Jehiel Wilcox deceased

The State of Ohio Delaware County Ss

Proceedings before the Honorable Court of Common pleas

for said county on the day of October Term AD 1848

The last Will and testament of Jehiel Wilcox late of said county decd

was produced in open Court and duly proven by the oaths of

John H Thompson and James Thompson two subscribing Witnesses thereto

whose examinations were reduced to writing and it appearing

from such testimony that said deceased at the time of executing said

will was of sound and disposing mind memory and understanding

& not under any restraint of full age the same is approved &

Ordered to be recorded


Will In the name of the Benevolent Father of all I Jehia Wilcox of

Marlborough Township Delaware County State of Ohio do make & publish

this my last will and testament. I give unto my children the farm on

which I now live divided as follows

Item 1st I give and devise unto my oldest son John Wilcox a lot of

land lying west of the Old State road that comes out from Joseph Currens to the

turnpike Bounded north by James Spalding and on the west by a lot formerly

owned by one Baker valued at Three hundred -

Item II nd I give and devise to my Second Son Ira Wilcox all the land

I own on the east side of the Old State road Bounded on the West by said

road on the South by Henry Smiths land on the east by lands of Currin on

the above named county road valued at Four hundred Dollars

Item III rd I give to Ira Wilcox Junior an orphan boy one lot with a

house in the town of Norton bounded as follows, on the north by the road

leading from Norton to Mount Vernon, on the east by John Smiths land, on the

south by Israel Baileys land on the West by land running down the Run valued

at $100 and it is my request that my son Ira Wilcox have the care of said

property till the boy arrives to the age of 21 years

Item IV th I give and devise to my third son Hira Wilcox all the land south

of the piece given to my son Jehiel Bounded on the west by the turnpike on

the South by land of Henry Smith on the east by the Old State road valued

at $600.

Item V th I give to my two daughters Abigal and Azuba all the land west

of the turnpike divided as follows To Abigal my oldest daughter

all the land from the pike west to a small run running south from

Triffens north & south fence or Sybolts westline South to lands owned by

John Brundige valued at three hundred dollars
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 438)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 438)

Description

[page 438]

[corresponds to unlabeled page of Will Records Vol. 2 1835-1850]


Continued

Item VI - I give to my daughter Azuba Hocom all the [corner torn]

own West of the piece given to my daughter Abigail reserving to

the heirs 2 & 3 viz

Ira & Hira Wilcox on the East A road on the north line of Abigail

& Azubas land for the purpose of getting wood timber on the road

Abigal & Azubas land what & such as they may want for there on

Item 7th To the Heirs of Electa Aldrich decd I give & bequeath

a lot of land containing three acres more or less bounded

on the East by John Brundiges land on the South by a County

road on the west by the Old State road on the north by James

Thompson valued at One hundred and twenty five dollars

8th Lastly my wife is to have all of her real and personal

Estate which she possessed when I married her or that she

may possess now Jehiel Wilcox

Signed & acknowledged by said Jehiel Wilcox as his last will &

testament In our presence & witnessed in his presence

J H Thompson

James Thompson

The State of Ohio Delaware County SS

Court of Common pleas October term 1848

Personally appeared in open Court Jnos Thompson & James Thompson

who being duly sworn depose & say that the paper before them purporting

to be the last will & testament of Jehiel Wilcox now decd was by

the said Jehiel Wilcox acknowledged published & declared to be

his last will & testament in the presence of these deponents

that the said deceased was of lawful age that he was of sound

and disposing mind memory and understanding and under

no restraint as they verily believe that they subscribed the

same as witnesses in the presence and at the request of the

Testator and in the presence of each other

Sworn to and subscribed in open J W Thompson James Thompson

Court this 18th day of October AD 1848

Geo W Johnes Dept Clk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 439)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 439)

Description

[page 439]

[corresponds to unlabeled page 396 of Will Records Vol. 2 1835-1850]


Adam McNitts Will


The State of Ohio Delaware County Ss

Proceedings before the Honorable Court of Common pleas for said

county on the day of October AD 1848

Be it remembered this day the last will and testament of

Adam McNitt late of said county deceased was proven and

admitted to record in the words and figures following towit

I Adam McNitt of the County of Delaware in the state of Ohio do

make and publish this my last will and testament in way and

married following that to say first It is my will that funeral

expenses and all my just debts be paid, and Second, that my beloved

wife Mercy McNitt in lieu of her dower one half of my personal

and real estate forever, for her to do with it as she sees cause or

proper revoking and annuling all former wills by me made

and satifying and confirming this and no other to be my last

Will and Testament in testimony whereof I have hereunto set

my hand and seals this second day of August AD eighteen

hundred and forty one Adam McNitt

Signed published and declared by the above named Adam

McNitt as and for his last will and testament in presence of us

who at his request have signed as witnesses to the same

Daniel Melvin Jacob S Rabb

The State of Ohio Delaware County Ss

Court of Common pleas October Term 1848 Personally appeared

in open Court Jacob S Rabb who being duly sworn deposes & says (also

Danil Melvin who being duly sworn under a Commission issued to

Geo Hodgden to take his testimony) that the paper before them

purporting to be the last will and testament of Adam McNitt now

deceased was by the said Adam McNitt decd acknowledged

published and declared to be his last will and testament in the

presence of these deponents, that said deceased was of lawful age of

sound and disposing mind & memory and under no restraint

as they verily believe: that they subscribed the same as witnesses thereto

in the presence and at the request of the Testator and in the presence of

each other Jacob Rabb

Sworn to and subscribed in open Court this 20th Oct 1848. Geo W Stark Clk

Sworn to and subscribed before me this

27th Oct 1848 Geo Hodgden Commissioner Dan Melvin
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 440)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 440)

Description

[page 440]

[corresponds to page 397 of Will Records Vol. 2 1835-1850]


[corner torn]

William Hinton

The State of Ohio Delaware County Ss

Proceedings before the Honorable Court of Common

pleas for said county on the 27th day of October AD

One thousand eight hundred and forty eight

Be it remembered the last will and testament of

William Hinton late of said County deceased was this day

produced in open court & proven and admitted to record

In the name of God amen

I William Hinton of Delaware County Ohio being weak

in body and of sound mind & memory and in view of the

uncertainty of life and the certainty of death do make this

my last will and testament in manner following

towit 1st I have by paper deeds and instruments of writing

divided among my children now living all my real estate

and have made provision for my support and that of my

wife during our lives and for all expenses of sickness or

burial & no expenses at all to be charged upon any bequest

herein made, and the design and object of this will is

to dispose of a remnant of means now left among

my Grandchildren

2nd It is my will and desire that all instruments

of writing or agreements which may be outstanding

uncalled and unsatisfied at the time of my decease with

my son in law John Layton & Catharine his wife be given

up and cancelled, I have given said Layton & wife their

full share of my estate, and if there should be any thing

due from them to me I remit it and they are not to share

any claim whatever against my estate.

3rd I give to my Grandchildren George Feaster William Feaster

James Feaster, Sarah Ann Feaster, Catharine Feaster John Feaster

& Parmelia Feaster Children of my deceassed daughter Sarah the

Sum of Three hundred and fifteen dollars share and share

alike and in case of the death of either before the money is paid

according to the term of this will the surviving to take the whole

to be divided equally among them

I appoint my Grandson Uriah W Hinton Trustee and

testamentary guardian for said children and direct that

the aforesaid sum be deposited in Bank or in Safe hands &

kept at interest & paid to them respectively as they arrive at

age their respective proportions
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 441)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 441)

Description

[page 441]

[corresponds to page 398 of Will Records Vol. 2 1835-1850]

[corner torn]

William Hintons Will Continued

said Trustee should at any time be of opinion that

any of said children needed their proportion he may in his

own judgment determine whether it is best to pay any of

them their money before they arrive at full age

If so he is directed to pay before the time above specified

4th I give to my Grand children William Darst Mary

Darst Samuel Darst Jesse Darst Philip Darst Amos Darst and

Elizabeth Darst children of my deceased daughter Deborah the

sum of Three hundred and fifteen Dollars, share & share alike

and in case of the death of either before the money is paid amending

to the terms of this will, The survivors to take their hole to be

divided equally among them

I appoint my Grandson Uriah W Hinton Trustee & Testamentary

Guardian for said Children, and direct that the aforesaid Sum

be deposited in Bank or in safe hands & kept at interest & paid to

them respectively as they arrive at age, their respective proportions

In case said Trustee should at any time be of opinion that any

of said children needed their proportions, he may in his own

judgment determine whether it is best to pay any of them their

money before they arrive at full age. If so he is directed to pay

before the time above specified

5th I give to my Grandchildren Benjamin Hinton Charlotte

Hinton Samantha Hinton and Laura Hinton children of James Hinton

the sum of One Hundred Dollars share & share alike, and I appoint Uriah

W Henton Trustee & Testamentary Guardian and the same to be paid &

controlled as is directed in bequest 3rd & 4th, This last bequest the

means to pay the same is to be raised by my Executor hereinafter appointed

by the Sale of personal property that I may have. The money bequeathed

in the 3rd & 4th bequest, I have non sufficient on hand & due me from

Mr Willey sufficient to make the amount

6th, After my decease I direct my executor to make sale of any

or all the remaining undisposed of personal property that I may die

possessed of either at private or public sale as he may deem

best and apply the proceeds in meeting the bequest therein made

and if there should be any balance after paying the expenses

of administering upon my estate pay the same over to my

daughter Charity, To whom I also give a brown mare known as

Charitys Beast now on the farm. It is further my will that the

waggon and brown mare with all the household furniture to which

I have any claim remain on the farm and when we have done
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 442)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 442)

Description

[page 442]

[corresponds to page 399 of Will Records Vol. 2 1835-1850]




Continued

with them they belong to and are hereby given to my daughter

Charity

7th and Lastly I hereby constitute & appoint my friend and

neighbor Henry Willey my Executor of this my last will and

testament hereby revoking all former wills by me made & hereby

ratifying and confirming this my last will and testament and

have called my friends William D Heim Esqr and Charles

Sweetser to witness the same. In testimony whereof I have

hereunto set my hand and seal this 13th day of July 1848

his

Signed Sealed declared and William x Hinton {seal]

mark

acknowledged in our presence and we have signed the

same at the request of Testator as witnesses in his presence

and in the presence of each other the day and year above written

WD Heim

Charles Sweetser

The State of Ohio Delware County Ss

Court of Common pleas October term AD 1848

Personally appeared in open court Wm D Heim & charles

Sweetser who being duly sworn depose & say, that the paper

before them purporting to be the last Will and Testament

of Wm Hinton now deceased was by the said William Hinton

acknowledged published & declared to be his last will &

testament in the presence of these deponents; that said

deceased was of lawful age of sound and disposing

mind & memory and under no restraint as they verily

believe; that they subscribed the same as witnesses in the

presence and at the request of the Testator & in the presence of

each other Charles Sweetser

Sworn to and subscribing in open Court WD Heim

this 25th day of October AD 1848 Geo W Johnes Dept Clk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 443)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 443)

Description

[page 443]

[corresponds to unlabeled page 400 of Will Records Vol. 2 1835-1850]

of Noe Bockover deceased


The State of Ohio Delaware County Ss

Proceedings before the Honorable Associate Judges of the

Court of Common pleas for said county at a Special Court

held at the Clerks Office in said county on Saturday the 20th

day of January AD One thousand eight hundred and forty

nine. This day the Last Will and testament of Noe Bockover

decd was proven in Open Court admitted to record and Ordered

to be entered in the Words and figures following towit

will In the name of the Benevolent Father of all of my mercies

and blessings, I Noe Bockover being of feeble health but of sound

mind do make and ordain this my last Will and Testament

Item 1st It is my request and will that my personal expenses

including my last sickness be fully paid

Item 2nd It is my request and will that all other just debts be

fully paid especially the following fifty dollars to Esther Berry

wife of Joshua Berry who has a note for the same

Fifty dollars to Ann Hodgden wife of Charles Hodgden, also to

Elena Sherwood, a ballance in addition to what she has recd to make

in all the sum of fifty Dollars, that my Executor caused to be

executed over my grave a suitable tombstone

Item 3rd My Executor hereinafter named is hereby authorized

and instructed to if in his judgment it will be necessary to pay

all necessary expenses and legal charges against my

Estate, to sell convey and make a good and efficient deed

of my real Estate and if in his judgment it will be to the

interest of my widow and child he is further authorized to sell

as aforesaid and place the money at interest well secured for their

benefit.

Item 4th It is my will that the balance of my property after

paying all legal and just claims against my Estate should be

equally divided between my beloved wife Alma and my

daughter Augusta, If my said wife should die first then all

my estate that she may inherit from me either personal or real

or both to descent to my said Daughter Augusta, But in case my

daughter Augusta shall die first and have no daughter or children

to inherit, then all the estate either personal or real or both

shall belong to my said wife Alma

Item 5th It is my will that my said wife Alma shall be Guardian to

my said Child Augusta and in case my wife Alma shall die
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 444)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 444)

Description

[page 444]

[corresponds to page 401 of Will Records Vol. 2 1835-1850]


before my said Daughter Augusta shall arrive at the age of

eighteen years then it is my request that Henry Hodgden shall

Act as Guardian as aforesaid

Item 6th I do hereby appoint Thomas Lewis and Henry Hodgden

as Executors of this my last Will and Testament revoking and

annuling any and all other wills by me made at any previous

time his

Signed and Sealed in our presence Noe x Bockover {seal}

and Witnessed by me at his request mark

in his presence

Henry Hodgden

Jacob Bockover

Thomas Lewis

Berkshire Nov 26th 1848

The State of Ohio Delaware County Ss

Court of Common Pleas Special term Jany 20th 1849

Personally appeared in open court Jacob Bockover Thomas

Lewis and Henry Hodgden who being duly sworn depose

and say, that the paper before them purporting to be the last

will and testament of Noe Bockover decd was by the said

Noe Bockover acknowledged published and declared

to be his last Will and testament in the presence of these

deponents that the said deceased was of lawful age that

he was of sound and disposing mind and memory and

under no restraint as they verily believe: that they

subscribed the same as witnesses at the request and in

the presence of each other and at the Testator

Sworn to and subscribed Henry Hodgden Thomas Lewis

in open Court this 29th Jacob Bockover

day of January AD 1849

G W Hart Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 445)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 445)

Description

[page 445]

[corresponds to page 402 of Will Records Vol. 2 1835-1850]


402 Will of John Watts deceased

I John Watts of the County of Bedford and State of Virginia

do hereby make this my last will and testament, do hereby revoke

all other heretofore made by me.

In the first place I direct all my just debts to be paid by me

Executors hereinafter named

To my wife Betsey Watts I give and devise during her natural life

the plantation in Bedford on which I live including the place

as joining M Walker purchased by me of Arthur Hopkins together

with one equal third part of all the negroes I possess and of the stock

of every discription, also all the household and other furniture and

all the plantation utensils of every discription.

To my executors hereinafter named, namely Edward Watts my Son

William W Watts and my son Arthur, I give and devise the following

property real and personal towit. One equal third part of my

negroes and the following lands towit

One small tract of land in Bedford purchased of Thomas Ballard

A tract of land purchased purchased of William Monman on

Seneca in Campbell County containing upwards of nine hundred

acres. A tract of land on Mollys Creek in the same county

purchased of Mrs Monman and others containing upwards of

eight hundred acres, also one third part of my Bank stock

held by me in the Old Bank of Chillicothe in Ohio, in trust however

for the use and purposes following towit To be held by my Executor

for the rise and support of my daughter Elizabeth R Scott the

wife of Joseph Scott during her natural life; and I hereby direct

that during her natural life she shall be permitted to hold and

enjoy the same as fully as if she were single woman and that

at her death all the said property both real and personal shall

descend and go to the heirs of her body if any there by living

at her death, if she shall die without issue I direct the said property

real and personal to be equally divided between my two sons William

and Arthur or their heirs

To my son William W Watts I give all my Kentucky land

amounting to upwards of two thousand acres the deeds

and patents for which are among my papers

To Sarah and John daughter and Son of William I give two thousand

acres each of my Ohio lands of an average value of my other lands

in Ohio excluding from the estimate however my Chillicothe

lands, should either of them die before they arrive to the age of

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 446)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 446)

Description

[page 446]

[corresponds to page 403 of Will Records Vol. 2 1835-1850]


403

Continued

twenty one years, I direct that her or his Share shall go to the

Survivor, and should both of them die before they arrive to the

age of twenty one years I direct that the said lands be equally

divided between my three children above named or between

the Survivors of them and the heirs of their body of each as

may they be dead

To my son Arthur I give and devise the land in Bedford devised

to his mother after her death also the remaining one

third part of my negroes, also all my lands in the State

of Ohio with the exception of the four thousand acres heretofore

devised, and having become the purchaser of two tracts of

land in Campbell County on Flat Creek namely that on

which Joseph W Scott lives and one containing all together

about four hundred acres, and another bought of Craven

Norton Trustee for Edward Clarke containing four hundred

and twenty acres. Now I do hereby devise said lands

and their appurtenances to my Executor to be held by

them for the use and benefit of my daughter Elizabeth

R Scott upon the same terms and conditions as and set

forth in the devise above for her benefit, and at her

death to descend to and go as directed

In Testimony whereof I have hereunto signed sealed

and acknowledged as my last will and testament being

written in my own hand I consider it unnecessary to have

it witnessed, August 27th 1829. John Watts {seal}


I John Watts of the County of Bedford and State of Virginia

do make and declare this to be a codicil to my

last will and testament

I appoint my sons William W Watts and Arthur Watts

and my nephew Edward Watts my Executors and I

invest them or either of them with full power and authority

to make all conveyances of either real or personal

property which by any contract I am bound to

make. To prevent all doubt and misconstruction

I hereby declare it to be my will and intention that the

property real and personal devised in the body of my

wife in trust for the benefit of my daughter Elizabeth

R Scott shall be free from the control or power of her

husband Joseph W Scott and of all other persons
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 447)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 447)

Description

[page 447]

[corresponds to page 404 of Will Records Vol. 2 1835-1850]


whatsoever except the said Trustees

Finally I direct that no Inventory and appraisement of

my Estate be taken and that my Executor be not required

to give security.

And in Testimony of this being a codicil to my will I have

hereunto set my hand and seal this 2nd day of May 1830

Signed sealed and acknowledged John Watts {seal}

in the presence of Wm Radford

Gerard Alexander

Joel Yancy

State of Virginia Bedford County Ss

At a court held for Bedford County at the Court House the

26th day of July eighteen hundred and thirty This last

will and testament of John Watts decd together with the Codicil

thereto annexed was produced in open court and the

Codicil proved by the oaths of William Radford Gerard

Alexander and Joel Yancy subscribing witnesses thereto

and the will and signature of the testator was proved by

the same witnesses to be wholly in the handwriting of the

testator. Whereupon the said will and codicil are admitted

to record and on the motion of William W Watts and Arthur

Watts Executors in said will named certificate ins granted

them obtaining probate thereof.

Whereupon they severally gave bond in the penalty of sixty

thousand dollars without security and qualified as the

law directs

In Testimony that the foregoing is a true copy of the last

will and testament of John Watts decd and correct transcript

from the records of said court on the same being admitted to

record I have hereunto set my hand and annexed the

seal of said Court this 27th day of July One Thousand Eight

hundred and thirty

{seal} Ro C Mitchell CBC

State of Virginia Bedford County Ss

I Armsted Otry an acting Justice of the Peace in and for said

County and State aforesaid do hereby certify that Robert C Mitchell

whose name is annexed to the foregoing Certificate is Clerk

of said County court duly appointed and qualified that this said

Certificate is in due form and that full faith and credit is due

and ought to be given to his official acts as such
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 448)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 448)

Description

[page 448]

[corresponds to page 405 of Will Records Vol. 2 1835-1850]


405

Given under my hand this 27th day of July 1830

A Otry JP

The State of Ohio I Humphrey Fullerton Clerk

Ross County Sct of the Court of Common pleas in

and for the county aforesaid do

hereby certify that the foregoing is a true copy from the

record of wills in my office

In witness whereof I have hereunto set my name and

affixed the seal of said court this 1st day of April AD 1831

{seal} Humphrey Fullerton Clerk

Admitted to record at the October term AD 1848.


Jason Langworthy's Will


The State of Ohio Delaware County Ss

Proceedings at the Court House in the town of Delaware

in said County before the Honorable O Bowen President

Judge, M L Griffin Wm G Norris and Almon Stark Esquires

his Associates Judges of the Court of Common Pleas for said

County on the day of March at the March term

of said Court One thousand eight hundred and forty nine


On motion to the court and upon producing a certified

copy of the last will and testament of Jason Langworthy

late of Washington County State of New York, decd and

the Court examining the same, and finding said will

proven and admitted to record as certified under the seal

of the Surrogate of the County of Washington aforesaid

do approve the same and order it to be entered of record

among the record of wills of this county, and which

recorded appears in the following words assigned

towit

"Copy of the last will and testament of James

Langworthy late of Greenwich Wash. Co. NY

In the name of God, Amen

I Jason Langworthy of Union Village in the County of

Washington and State of New York being of sound and

disposing mind & memory do make publish & declare

my last will and testament in manner following

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 449)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 449)

Description

[page 449]

[corresponds to page 406 of Will Records Vol. 2 1835-1850]


406

that is to say=

First I give and devise to my beloved wife Sarina and

to her Heirs and assigns forever the house and lot ^in which

I now reside, situate in Union Village aforesaid in lieu of

her right of Dower in my Estate

Second I also give unto my said wife the rents issues & profits

of all the rest residue and remainder of my real and

personal Estate until my son Charles Raymond shall

arrive at the age of twenty one years or until the death of

my said wife. My said wife is to maintain and support my

said son as long as he receives said rents issues and profits

Third All the rest rersidue of my seal and personal Estate

I give to my said son Charles Raymond Langworthy and to

his heirs and assigns Forever My said wife is however

is to retain the sum of Four hundred Dollars which she

received from her Fathers Estate as her own

Fourth I hereby authorize my Executrix and Executor herein

after named to sell and convey all my real estate in the

State of Ohio, as soon as they shall judge it to be for the

interest of my estate

Lastly I hereby appoint my said wife Sarina and my

brother Robert Langworthy Executrix and Executor of this my

will and I do hereby revoke all former wills by me made

In witness whereof I have hereunto set my hand and

seal this 18th day of May in the year of our Lord One

thousand eight hundred and forth eight

Jason Langworthy {seal}

The above Instrument was now here subscribed by Jason

Langworthy the Testator in the presence of each of us and was

at the same time declared by him to be his Last will and

testament and we at his request sign our names hereto as

attesting witnesses

DS Boies of Greenwich Washington Co NY

Leonard Gibbs of Greenwich Washington Co NY

County of Washington

Surrogate's Office SS Be it remembered that on the

day of the date hereof the last will

and testament of Jason Langworthy late of the town of Greenwich

in the County of Washington, deceased bearing date the 13 day of

May AD 1848, The foregoing being a true copy thereof was
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 450)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 450)

Description

[page 450]

[corresponds to unlabeled page 407 of Will Records Vol. 2 1835-1850]


duly proved before Joseph Boies Surrogate of the said county

as and for the last will and testament of the real and personal

Estate of said Deceased which said last will and testament &

the proof & examinations taken thereon are recorded in this

Office

In Testimony whereof the surrogate of said County hath hereunto

set his hand and affixed his seal of office this 27th day of July

AD 1848 {seal} J Boies Surrogate


County of Washington

Surrogate Office Ss Be it remembered that on

the day of the date hereof

Sarina Langworthy executrix and Robert Langworthy

Executor named in the Last will and testament of Jason

Langworthy late of the term of Greenwich in said County

deceased having first taken and inscribed an oath

faithfully and honestly to discharge the duties of such

Executor & Executrix letters testamentary were granted

accordingly

In Testimony whereof the surrogate of said County

hath hereunto set his hand and affixed his Seal of

Office this 30th day of January AD 1849

{seal} J Boies Surrogate

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 451)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 451)

Description

[page 451]

[corresponds to page 408 of Will Records Vol. 2 1835-1850]


408

Simpson Whites Will


I Simpson White of Delaware County Ohio being of bad

helth but of sound mind do make and publish this my last

will and testament

First, It is my will that my just Debts and all just

charges be paid out of my Estate.

Item 2nd I Give and devise unto Homer White all my right

title interest and affects of the farm on which I now reside

situate in Concord Township Delaware County containing

about two hundred and six acres and also my interest

in a lien on the farm sold to S Churchill and all the stock

household goods furniture provisions and other goods

and chattles which may be thereon at the time of my

decease

Item 3rd I do hereby nominate and appoint said

Harris White Executor of this my last will and testament

hereby authorizing and empowering him to compromise

adjust release and discharge in each manner as he may

deem proper the debts and claims due me. I do also

authorize and impower him if it shall become necessary

in order to pay my Debts to sell by private sale or otherwise

or in such manner upon such terms of Credit who may

think proper all or any part of my real Estate and deed to

purchasers to execute acknowledge and deliver in fee simple

In Testimony whereof I have hereunto set my hand and

seal this 16th day of December in the year of our Lord

Eighteen hundred and forty eight.

interlined between the 11th & 12th lines (in the original) before signed

his

Signed and acknowledged Simpson x White {seal}

by said Simpson White as his mark

last will and testament in our presence and signed by us

in his presence Charles Robinson

Mary Robinson

The State of Ohio, Delaware County ss

Court of Common Pleas March term 1849

Personally appeared in open court Charles Robinson & Mary

Robinson who being duly sworn depose and say that the paper before

them purporting to be the last Will and testament of Simpson White

now deceased was by the said Simpson White acknowledged

published and declared to be his last will and testament in the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 452)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 452)

Description

[page 452]

[corresponds to page 409 of Will Records Vol. 2 1835-1850]


409

presence of these deponents: that the said deceased was of

lawful age, that he was of sound and disposing mind and

memory and under no restraint as they verily believe, that

they subscribed the same as witnesses in the presence and at

the request of the Testator and in the presence of each other

Sworn to and subscribed in Charles Robinson

Open Court this 20th day Mary Robinson

of March AD 1849

Geo W Stark - Clerk per Geo H Johnes Dept


Joseph Coles Will


In the name of the benevolent Father of all, I Joseph

Cole of Troy Township Delaware County in the State of Ohio

do make and publish this my last will and testament

Item 1. I give and devise to my beloved wife in lieu

of her Dower an ample sufficiency of the proceeds of

all my lands for her support 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 aforesaid

She however selling so much thereof as may be sufficient

to pay my just Debts

At the death of my said wife the real aforesaid and the

remaining proceeds from the same after all necessary

expenses are deducted for keeping the said Estate in good

repair, I give and devise to my sons Hugh Cole and

Joseph E Cole and their heirs the said property to be

divided in such manner that each shall receive in proportion

as he shall contribute to discharge a Debt now due from

me to the Norwalk Bank, in the case of the Death

of either of my sons before anything is paid towards liquidating

said Debts the heirs of my deceased sons to receive one

half of said real estate after half the amount of the Debt

is deducted

Item 2nd At the death of my said wife each part of the said

personal property or the proceeds thereof as shall then

remain unconsumed and unexpended I give and

devise to my Daughters Sally Bishop Polly Main
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 453)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 453)

Description

[page 453]

[corresponds to page 410 of Will Records Vol. 2 1835-1850]


410

Urany Main Anne Main and their heirs

Item 3rd I do hereby nominate and appoint my beloved wife

Ezra Olds and John King executors of this my last will and

testament hereby authorizing and empowering them to comp-

romise, adjust release and discharge in such manner as they

may deem proper the Debts and claims deed me. I do authorize

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

my debts, to sell by private sale or in such manner upon

such terms of credit or otherwise as they may think proper

all or any part of my real estate and deeds to purchasers

to execute acknowledged and deliver in fee simple

I do hereby revoke all former wills by me made In

Testimony whereof I have hereunto set my hand and

seal this 15th day of January 1846

Signed and acknowledged by said Joseph Cole {seal}

Joseph Cole as his last will and testament

in our presence and signed by me in his presence

Attested by John King

Jane King

The State of Ohio Delaware County ss

Court of Common Pleas March Term 1849

Personally appeared in open court John King & Jane King who

being duly sworn depose and say that the paper before them purporting

to be the last will and testament of Joseph Cole now deceased was by the

said Joseph Cole acknowledged published and declared to be his

last will and testament, in the presence of these deponents; that

the said deceased was of lawful age of sound and disposing

mind and memory, and under no restraint, as they verily believe

that they subscribed the same as witnesses in the presence and at the

request of the testator and in the presence of each other

Sworn to and subscribed in open Court John King

this twenty fourth day of March AD 1849 Jane King

George W Johnes Dept Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 454)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 454)

Description

[page 454]

[corresponds to page 411 of Will Records Vol. 2 1835-1850]


Milton H Sackets Will 411


In the name of God, amen, I Milton H Sackett, of

Orange Township, Delaware County Ohio, being sick and

weak in body but of sound mind, and being desirous to settle

my worldly affairs, do therefore make this my last will

and testament as follows viz

First I give unto my wife and her son James Ferson Sackett

jointly (after they have paid my Debts and funeral charges)

One hundred and fifteen acres off of the East end of my farm

in the township aforesaid, divided from the balance of said

farm by a line running perpendicular with the north

and South lines of said farm. I also give them all my loose

or personal property of every kind not hereinafter disposed of.

The above real and personal property I give to my wife and Son

jointly so long as my wife shall remain my Widow, but

if she should again marry or at her death in either case I

give and bequeath the above real and personal property unto my

afforsaid Son James Ferson, but if he should not live until

he is twenty one years of age and after my wife ceases to be

my widow, then I bequeath all to my other two children

Catharine Thompson and Milton H Sackett.

Secondly I give and bequeath to my Daughter Catharine

Thompson and my son Milton H Sackett the remainder of my

farm in the township aforesaid equally divided between

them by a line running east and west. Catharine to have the

north part. I also give unto them equally my interest in

my Fathers lands. I also devise to each Catharine & Milton

One hundred and fifty Dollars each to be paid by my wife

and Son James Ferson, without interest, if paid within five

years from my death. I also bequeath to my Son Milton

the six silver Tablespoons that was his mothers

And lastly I do hereby revoke and annull all former wills by

me heretofore made ratifying and confirming this as my last

Will and testament

In Testimony whereof I have hereunto set my hand and Seal

this fourteenth day of October in the year of our Lord One

thousand eight hundred and forty eight

M H Sackett {Seal}

Signed Sealed published and Declared by Milton H Sackett

the above named Testator as and for his last will and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 455)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 455)

Description

[page 455]

[corresponds to page 412 of Will Records Vol. 2 1835-1850]


412

testament in the presence of us who at his request in his presence

and in the presence of each other have subscribed our names as witnesses

thereto. Attest John W Ladd Jr. Chester Campbell


The State of Ohio, Delaware County SS

Court of Common Pleas March term 1849

Personally appeared in open Court John W Ladd and Chester Campbell

who being duly sworn depose and say that the paper before them

purporting to be the Last will and testament of Milton H Sackett

now deceased was by the said Milton H Sackett acknowledged published

and declared to be his last will and testament in the presence of

these deponents, that the said deceased was of lawful age, that

he was of sound and disposing mind and memory and under

no restraint as they verily believe that they subscribed the

same as witnesses in the presence and at the request of the testator

and in the presence of each other. Chester Campbell

Sworn to and Subscribed in open John W Ladd Jr

Court this 20th day of March AD 1849.

Geo W Stark Clerk per Geo W Johnes Dept

___________________________________________________________________________


Michael Dilsavers Will
______________________

In the name of the Benevolent father of all I Michael

Dilsaver of Scioto Township Delaware County and State of Ohio

do make and publish this my last will and testament

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

one third of the farm on which we now reside situated in

the County and State aforesaid containing about one

hundred and seventy four acres (her third to include the

buildings during her natural life or so long as she remains

my widow. One cow and four Sheep and all the household goods

furniture and provisions which may be therein at the time

of my decease during her natural life as aforesaid

At the death of my said wife the real estate aforesaid and such

part of the said personal property or the proceeds thereof as may then

remain unconsumed and unexpended, I give and devise to my

Sons and Daughters equal Shares of said Estate except my sons

John Dilsaver, William Dilsaver and Jacob Dilsaver who are to

have twenty Dollars each more than the rest
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 456)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 456)

Description

[page 456]

[corresponds to unlabeled page 413 of Will Records Vol. 2 1835-1850]



I do hereby nominate and appoint Jacob Dilsaver &

Emanuel Hite 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 otherwise or in such manner upon such

terms of Credit as they may think proper all or any part

of my real Estate and Deed to purchases to execute.

acknowledged and Deliver in fee Simple

I do hereby revoke all former wills by me made

In Testimony whereof I have hereunto set my hand

and seal this 6th day of February in the year of our

Lord One thousand eight hundred and forty nine

Signed & acknowledged his

by Said Michael Dilsaver as Michael X Dilsaver {Seal}

mark

his last will and testament in our presence and

Signed by us in his presence H T Cunningham

Z Stephens

The State of Ohio

Delaware County Ss

Court of Common Pleas March term 1849

Personally appeared in open Court Hugh Cunningham

and Zachariah Stephen who being duly Sworn depose

and say that the paper before them purporting to be the Last

Will and testament of Michael Dilsaver now deceased was by the

said Michael Dilsaver acknowledged & published and declared

to be his last will and testament in the presence of these

deponents, that the said Decd was of lawful age that he was

of sound and disposing mind and memory and under no

restraint, as they verily believe: that they subscribed the same

as witnesses in the presence and at the request of the Testator

and in the presence of each other H. T. Cunningham

Sworn to and subscribed in open Z Stephens

Court this 20th day of March AD 1849

G W Stark Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 457)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 457)

Description

[page 457]

[corresponds to page 414 of Will Records Vol. 2 1835-1850]

414

Forrest Meekers Will
____________________


Know all men by these present that I Forrest Meeker of the town of

Delaware, Delaware County and State of Ohio, Being of lawful age

in health and sound mind do make and execute this my last Will

and Testament hereby revoking all former wills and codicils to wills by

me made

In the name of God, Amen:

1st I will that my funeral expenses and all my other just debts be paid

and 2nd. That my faithful and beloved wife Livona Meeker keep and

occupy the dwelling house in which I now live so long as she shall

remain my widow or desire to occupy the same during Said widowhood

also to use and occupy out lot number in north Delaware owned

by me during the above described period of her occupying the Dwelling

house above described, and also that she occupy the premises that are

attached to said Dwelling house with said house

3rd I will and bequeath to my son Benjamin Meeker In lot number

ninety five west (95) in the town of Sandusky with all and singular the

improvements and appurtenances thereunto belonging

Also to said Benjamin Meeker all the before described Out Lot in North Delaware

Delaware County Ohio after the occupancy of my wife Livonia Meeker shall

cease and determin. Also the sum of Two hundred Dollars Bank stock

in the Delaware Branch of the State Bank of Ohio, after the decease of my Livonia

Meeker as so long as she shall remain my widow. Also to said Benjamin

Meeker I give and bequeath one equal half of all the Stock I own in the Columbus

and Sandusky Turnpike Company

4th I will and bequeath to my son Forrest Meeker Jr the sum of Eight

hundred Dollars of Bank Stock in the aforesaid Delaware County Branch of the

State Bank of Ohio, after the decease of my beloved wife as aforesaid

Also one equal half of all the Stock I own in the Columbus and Sandusky

Turnpike Company

5th That the personal property owned and belonging to me be disposed of

as follows viz. that my beloved wife have her choice of two bedsteads

2 beds and bedding, and to each of my Sons Benjamin & Forrest Meeker

One bedstead bed & bedding. And my large looking glass to my daughter

Mary Prince, and to Charles Smith of Marion, Marion County Ohio

one bedstead bed and bedding, and that my beloved wife have to use and

occupy during her natural life or so long as she may remain my

Widow all such other articles of household furniture & kitchen utensils

as she may want or need for her comfort and convenience. And all the

balance of my said personal property excepting any exceptions hereinafter

made be disposed of by my executors including my horse harnesses and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 458)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 458)

Description

[page 458]

[corresponds to page 415 of Will Records Vol. 2 1835-1850]

415


buggy who are fully authorized to dispose of and sell all said personal

property to the best advantage either at public or private sale as in

their discretion or judgment they may think best, and convert the

same into money and reserve out of said Sales a sufficient amount for

the comfortable support and ample maintenance of my beloved wife

in addition to the avails of my Bank Stock which she is to have during

her life time or so long as she shall remain my widow to be paid to

her as she may require the same. Which support and possession

of the aforesaid dwelling house and premises thereto attached and out

lot herein before described are in lieu of dower of my said wife Livona

Meeker. Also said Executors are to reserve out of said avails a

sufficient amount to pay all legal and just expenses incurred or to

be incurred in executing this my last will and settling my Estate

It being hereby understood that my sons Benjamin & Forest Meeker Jr

are not to come into possession of the avails of the Bank Stock

herein before devised to them until after the death of my beloved wife

aforesaid or she ceases to be my widow

The remainder of my personal property or the avails thereof rem-

aining in the hands of my Executors to be equally divided between my

two sons Benjamin and Forrest Meeker

6th. I hereby appoint and constitute my worthy and trusted

friends Sylvester Latimer and Joseph Prince my Executors expressing

full confidence in their honesty and ability to do and perform all

and singularly their duties appertaining to the Execution and

final settlement of this my last will and testament relating to the

disposal and equitable settlement of my Estate and further in case

of the death of either of my said Executors I hereby appoint and

Constitute James Eaton to do and perform as my Executor all the

duties required of either of my aforesaid Executors

And finally considering that my last will and testament to be

made upon the basis of justice equity and a proper parental

feeling and dictate while enjoying health and a Sound mind

I therefore will and decree that if any of the legatees or heirs

herein before mentioned shall attempt by legal process or otherwise

to break this my last will and testament, that said Legatee

or heir shall forfeit all claim to any part of my said Estate

and my said Executor shall dispose of said forfeited share among

the other legatees in proportion to their respective shares

Signed and Sealed this 30th day of November in the year of our

Lord eighteen hundred and forty eight Forrest Meeker {Seal}
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 459)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 459)

Description

[page 459]

[corresponds to page 416 of Will Records Vol. 2 1835-1850]

416

Signed and sealed in presence of James Eaton

M. L. Griffin

Codicil
_______

I Forrest Meeker being of sound mind & judgment do make

this Codicil and explination to my last will and testament viz

Explination to Item 2nd in said Will. That when my beloved wife

Livona Meeker shall abandon the occupancy of the dwelling house &

premises in which we now live in the town of Delaware & shall

remove from the same to make her permanent residence elsewhere

the possession of said premises house tenements rents & profits and

immediately to pass to the possession of the proper owner my

Daughter Mrs Mary Prince

2nd so much of my Estate both personal & real which is in said

will devised to my Son Benjamin Meeker is hereby transferred

to my daughter Mrs Mary Prince and to her willed &

devised, excepting In lot No (95) ninety five west in the town

of Sandusky which is to be sold by my two sons Benjamin &

Forrest Meeker for their mutual equal benefit

3rd. I hereby revoke and annul so much of my former

last will and testament as is consistent with this my first

Codicil thereto. Signed & Sealed this 28th day of February

AD 1849 Forrest Meeker {Seal}

Signed Sealed in presence of Aasing Stark James Eaton


State of Ohio Delaware County Ss

Court of Common Pleas March Term 1849. Personally appeared in

open Court Marshal L Griffin, James Eaton & Harvey Stark who being

duly sworn depose say that the paper before them purporting to be the Last

will and testament of Forrest Meeker (& Codicil thereto) now deceased was

by the said Forrest Meeker acknowledged published and declared to be his last

Will and Testament in the presence of these deponents & that the said

deceased was of lawful age, that he was of sound and disposing mind

memory and understanding and under no restraint as they verily believe

that he subscribed the same as witnesses at the request of the Testator and in

the presence of each other James Eaton

Sworn to and subscribed in open Court M L Griffin

this 20th day of March AD 1849 H Stark

G W Stark Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 460)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 460)

Description

[page 460]

[corresponds to page 417 of Will Records Vol. 2 1835-1850]

417

Henry Millers Will

Know all men by these present that I Henry Miller of Del-

aware County Delaware Township Ohio do this 21st day of

January AD 1848 by will distribute all my personal and

real property among my family upon the following terms

to be executed after my death

I My wife Elizabeth and my son John shall keep

all my personal and real property together and work on

upon equal term and shall collect and pay all outstanding

debts and support the family together in my name for

the time of four years from my death. As however the

Contract of and with Mr Chester doth only Continue two

years from next Spring it Cannot be Continued any longer

in my name than that time, and must therefore

afterward be governed by Circumstances

II Shall after the term of four years from my death

all my personal property be appraised by three disin-

terested men and be divided into two equal shares

whereof one share is to be the Widow's and the other John's

Then from this time forth shall all the real property

fall into John's hands upon the following terms viz

1 Shall he give to the widow so long as she lives

the third part of all the grain raised upon the farm

namely, wheat rye, oats corn and potatoes to all in

the bushel and provide her firewood & make it ready

for the fire, if she has no one else to do it. 2nd He

shall keep her one horse, two cows eight sheep and

three hogs in hay & pasture, with the privilege of

keeping a few chickens. 3rd He shall give her while

she lives the west end of the large house. the use of

the stairs and half of the kitchen half the cellar

half the garden, and half the yard around the

buildings. 4th He shall keep his brother Henry

if he remains in present circumstances for life

and treat him with brotherly kindness, should

Henry in the above four years get well, John shall

give him $200. after the above four years in two

Annual payments as his inheritance, but should

the lord in his Providence call Henry from the present

age of existence into eternity, within the above

four years then shall the two hundred Dollars

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 461)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 461)

Description

[page 461]

[corresponds to page 418 of Will Records Vol. 2 1835-1850]


418

when due, be equally divided among all the heirs including John

5th John shall after the term of six years from my death

begin to pay the rest of the heirs one hundred Dollars

annually until all have one hundred dollars as their

inheritance, namely, that at the end of the first year, after the

six, Isaac shall have one hundred Dollars, and at the

end of the second year James shall have one hundred Dollars

and at the end of the third year Savan shall have one hundred

Dollars, and at the end of the fourth year Maria Elizabeth

shall have one hundred Dollars for their shares of the Estate

III After the death of the widow and the paying off of all

the rest of the heirs, shall all the real estate and all personal

property that the widow may have, be Johns to be his

forever

IV I Henry Miller, appoint herewith my wife Elizabeth

and my son John to be executors of my Estate who shall attend

thereto, that all according to the above articles be regularly

attended to, and see that all the children under age be

furnished with Guardians after the above four years

V To the confirmation of the above articles which are arranged

to the best of my abilities and as I would have them to be

achieved after my death, I set my own hand and seal in

presence of the undersigned witnesses this 21st day of

January 1848 Henry Miller {seal}

Witnesses Henry Hess

Jacob Miller

The State of Ohio Of the March term of Common Pleas 1849

Delaware County Ss Be it known that on this 20th day

of March 1849 personally appeared

in open court Henry Hess and made solemn oath in due

form of law that the within and foregoing instrument

purporting to be a copy of the last will & testament of Henry

Miller decd was translated by him from the original will

written in the german language, which will was this

day admitted to probate in the county aforesaid upon the

Oaths of Affidavit and Henry Miller the subscribing witnesses

thereto, affiant further says that he wrote the said will in

the german language in the life time of the said Henry

Miller decd and therefore knows the within to be a correct

translation of the same Henry Hess

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 462)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 462)

Description

[page 462]

[corresponds to unlabeled page 419 of Will Records Vol. 2 1835-1850]


Sworn to and subscribed in open court the day & year above

written GW Stark Clerk

The State of Ohio

Delaware County Ss Court of Common Pleas March term 1849

Personally appeared in open court Henry Hess & Jacob

Miller who being duly sworn depose & say that the paper

before them purporting to be the Last Will and testament of

Henry Miller now deceased was by the said Henry Miller

acknowledged published and declared to be his last will

and testament in the presence of these deponents, that the

said deceased was of lawful age, that he was of sound

and disposing mind & memory and not under any restraint

as they verily believe, that they subscribed the same as witnesses

in the presence and at the request of the Testator and in the

presence of each other Henry Hess

Sworn to and subscribed in Jacob Miller

Open Court this 20 day of March AD 1849

GW Stark Clerk


Erkennet alle hei dieser gegenwardt, das ich

Heinrich Miller von Delaware County, Delaware Township

Ohio, heute den 21sten Januarius im Jahr unseres Herrn

und Heilandes Jesn Christi ein Tausend acht Hundert

und acht und vierzig, alle mein loses und landes gut

und vermogen durch ein Testament, unter meiner Familie

auf folgende Meise bundlich aus theile, wie es soll nach

meinen Tade ausgefiehrt werden.

Erstens sollen von meinem Tade an, meine Frau

Elisabeth und mein Sohn Johannes alles lose und Landes Gist

noch vier Jahre in meinem namen fort beisammen

halten, und in gleichen Rechten fort Wurken, und alle

ruckstandige Schulden miteinander bezahlen, und die

Familie in gleichem versorgen. Da aber die muthe

mit Herrn Chester nur noch zweg Jahn danert, vom

nachsten Fruhjahr, so kann dieselbe auch nich langer

in meinem namen fortgefuhrt werden, musz deshalb nach

Umstanden gerichtet weiden mit derselben.

Zuerjtens soll nach verlauf der vier Jahre nach

meinen Tade das lose Gut von drei unindresanten Mannern

geschatzt werden, und in zwei gleiche Theile gethirlt werden
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 463)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 463)

Description

[page 463]

[corresponds to unlabeled page 420 of Will Records Vol. 2 1835-1850]


woven der eine Theil der Wittwe, und der ander Theil

dem Johannes zukommen soll. Zu derselben Zeit soll

auch das Land Gut dem Johannes auf folgende Weise zufallen:

erstens, soll er der Wittwe das dritt Theil von allen Fruchten

die er auf dem Land baut; fur lebens lang geben, nemlich

Wetzen, Roggen, Hafer, Welschkorn, und Grundieren, alles

im Buschel, um ihr Feuerholz heimliefern und klein

machen wenn sie sonst niemand hat. Zweitens,

soll er der Wittwe ein Pferd, zeig Kuhe, acht Schaafe

und drei Saue in der Weide und im Heu halten, und

ihr ferner die Freiheit geben athehe Huhner zu ihrem

nutz zu halten. Drittens solle er der Wittwe die

westliche Seite von dem grossen Hause, und den Stegegang

zum Gebrauch die halfte der Kuche die Halfte vom Keller

und die halfte vom Garten und Hofe auf lebenslang geben.

Viertens, sol er den Heinrich, wenn er in gegenwartegen

Memstanden bleibet, auf lebens lange bei sich halten, und

bruderlich versorgen; sollte or aber inner halb der oben besagt

vier Jahre wieder gesund werden, so soll ihm der Johannes

zwey hundert Thaler nach verlauf der vier Jahre, in zwey

jahrliche Zieler an ihm ausbegahlen als sein Erbgut.

Nurde es aber dem Herrn gefallen den Heinrich aus der

Zeit in die Ewigheit zu rufen innerhalb der oben besagten

vier Jehre, so sollen die zwei hundert Thaler wann sie

verfallen sind, in gleich Theile unter alle Geschwister

vertheilt everden wovon Johannes auch sein Theil bekommt

als Erbe. Funftens soll der Johannes nach verlauf

von funf Jahre, ansseben einem jeglichen von den nebrigen

geschwistern jahrlich ein hundert Thaler auszubezahlen bis

alle ein hundert Thaler haben als ihr Erbgut; namlich, also:

dasz nach verlauf des ersten Jahrs nach den sechs, der Isaac

ein Hundert Thaler, und nach verfauf des zweyten Jahres

der James oder Jacobi ein hundert Thaler, und nach verlauf

des dritten Jahrer der Levan ein hundert Thaler, und nach

verlauf des vierten Jahres die Maria Elisabeth ein hundert

Thaler zu erben haben als ihren Theil. Drittens soll nach

dem Tode der Wittwe, und der Abzahling der andern Erben

alles Landesgut, und was die Wittwe ubrig hat, mit dem lasen

Gut, dem Johannes mit freiem Recht zufallen, und soll

sein eigen seign auf immer.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 464)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 464)

Description

[page 464]

[corresponds to unlabeled page 421 of Will Records Vol. 2 1835-1850]


Viertens bestimme ich meine Frau Elisabeth und meinen

Sohn Johannes als Testaments ausfuhrer, die dazu sehen

sollen das alles nach obigen Articlen richtig ausgefuhrt

werde, und sehen das die Kinder mit Wesen verwalter ver=

sorgt werden. Zur bestatigung alles obigim artickeln, und

das sie nach dem besten meine Kraft aufgeistzt sind,

und wunsche, und wunsche dasz sie nach meinem Tade

alle ausgefuhrt werden mogen, setze ich, in gegenuant des

unterschriebenen Zeugen, meine eigene Hand und Siegel

den 21sten Tag Januarius 1848.



Herr Heinrich Hess Heinrich Miller {Siegel}

Jacob Miller

[page 464]

[corresponds to unlabeled page 421 of Will Records Vol. 2 1835-1850]


Viertens bestimme ich meine Frau Elisabeth und meinen

Sohn Johannes als Testaments ausfuhrer, die dazu sehen

sollen das alles nach obigen Articlen richtig ausgefuhrt

werde, und sehen das die Kinder mit Wesen verwalter ver=

sorgt werden. Zur bestatigung alles obigim artickeln, und

das sie nach dem besten meine Kraft aufgeistzt sind,

und wunsche, und wunsche dasz sie nach meinem Tade

alle ausgefuhrt werden mogen, setze ich, in gegenuant des

unterschriebenen Zeugen, meine eigene Hand und Siegel

den 21sten Tag Januarius 1848.



Herr Heinrich Hess Heinrich Miller {Siegel}

Jacob Miller

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 465)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 465)

Description

[page 465]

[corresponds to page 422 of Will Records Vol. 2 1835-1850]


422 Joseph Pools Will ~


In the name of the benevolent father of all, I Joseph Pool of

Orange Township Delaware County and State of Ohio do make &

publish this my last will and testament.

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

dower the farm on which we now reside, situate in Orange

Township Delaware County and State of Ohio it being all the real

estate that I now own containing about one hundred and

eighty and a half acres during the time that she remains my

widow, and all the stock household goods furniture provisions

and all other goods chattles and farming utentials which

may be thereon at the time of my decease during the time

that she remains my widow as aforesaid she however selling

so much thereof as may be sufficient to pay my just Debts

but if my said wife should again marry then in that case

she shall relinquish all her right to my estate both real

and personal at the time of her marriage except her right

of Dower that she would have had if this will had not been

made and the balance of the above estate to be divided

between my legal heirs the same as if I had not made

a will, but if my wife should not marry again then

in that case she is not to relinquish any part of my

Estate but is to hold it during her natural life after

paying my just debts as aforesaid but at the death of

my said wife the real estate aforesaid and such part of

the said personal property or the proceeds thereof as may

thus remain unconsumed and unexpended I give

and devise to my legal heirs to be divided the same as if I had

not made this will, and I do hereby appoint my beloved

wife Betsey Executrix of this my last will and testament

I do hereby revoke all former wills by me made in testimony

whereof I have hereunto set my hand and seal this twentieth

day of June in the year 1848 (signed) Joseph Pool {seal}

Signed and acknowledged by said Joseph Pool as his

last will and testament in our presence and signed

by us in his presence Caleb Hall. John Hall


The State of Ohio, Delaware County Ss

Court of Common pleas June Term 1849.

Personally appeared in open court Caleb Hall and John Hall
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 466)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 466)

Description

[page 466]

[corresponds to page 423 of Will Records Vol. 2 1835-1850]


423

who being duly sworn depose and say, that the paper purporting

to be the Last will and testament of Joseph Pool now deceased

was by the said Joseph Pool acknowledged, published and

declared to be his last will and testament in the presence

of these deponents: that the said deceased was of lawful

age that he was of sound and disposing mind & memory

and under no restraint as they verily believe: that they

Subscribed the same as witnesses in the presence and at

the request of the Testator and in the presence of each

other Caleb Hall John Hall

Sworn to and subscribed in open Court this 12th

day of June AD 1849 G W Stark Clerk

Recorded June 28. 1849

________________________________________________________________________


John Bumgartner's Will ~


John Bumgartner of the County of Delaware in the

State of Ohio being weak in body but of sound and disposing

mind memory and understanding do make and

publish this my last will and testament in manner &

form following that is to say

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

just debts be fully

2nd I give devise and bequeath to my beloved wife Marg

=ret in lieu of her Dower the plantation on which we

now reside situate and laying in Thompson Tp

Delaware County Ohio it being the South part of a

tract of 112 acres surveyed by Joel Z Mendenhall for

said John Bumgartner and Henry Bumgartner Containing

about sixty acres to have during her natural life

and also one horse critter one set of horse gears also 2

head of milch cows and three suckling calfs, ten

head of sheep and six head of hogs my said wife

having the liberty to make her own choices of the

live stock by me owned and kept thereon, also all

the household furniture during her natural life

Also she is to have all the moneys due her for

weaving
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 467)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 467)

Description

[page 467]

[corresponds to page 424 of Will Records Vol. 2 1835-1850]


424

3rd I give and bequeath to my son John my

wagon and one set of brichin

4th I give and bequeath to my son Harvey my

rifle gun.

5th I give and bequeath to my daughter Elizabeth

one bed and bedding also one cow

6th I give and bequeath to my daughter Lucinda

one bed and bedding also one cow

And at the death of my said wife all the property hereby

devised or bequeathed to her as aforesaid or so much

thereof as may then remain unexpended to be divided

equally among my six children

And lastly I hereby constitute and appoint Samuel

C Weeks to be the Executor of this my last will and

testament revoking and annuling all former wills

by me made and ratifying and confirming this

and no other to be my last will and testament In testimony

whereof I have hereunto set my hand and seal this

29th day of March AD 1849

John Bumgartner {Seal}

Signed published and declared by the above named John

Bumgarner as and for his last will and testament in presence

of us who at his request have signed as witnesses to the same

Henry Dilsaver

Michael Pentoney

The State of Ohio Delaware County SS

Court of Common pleas June Term 1849

Personally appearing in open Court Henry Dilsaver and Michael

Pentoney subscribing witnesses to the last will and testament

of John Bumgartner who being duly sworn depose and say

that the paper before them purporting to be the last will

and testament of John Bumgartner now deceased was

by the said John Bumgartner acknowledged published &

declared to be his last will and testament in the presence

of these deponents: that the said deceased was of lawful

age that he was of sound and disposing mind and

memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence and

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

other Henry Dilsaver Michael Pentonay

Sworn to and subscribed in open court this 12th day of June

AD 1849

G W Stark Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 468)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 468)

Description

[page 468]

[corresponds to page 425 of Will Records Vol. 2 1835-1850]


425

Catharine Williams Will

In the name of the Benevolent Father of all I

Katharine Williams of the county of Delaware and State

of Ohio do make and publish this my last will &

testament

Item 1st I give and devise to my Grandson Thomas

Williams One hundred Dollars

Item 2nd I bequeath and devise to my great grand

Son Benjamin Williams son of Thomas Williams Twenty

Dollars

Item 3rd I give and devise all my clothes wearing

apparel bedding and household furniture to my great

grand daughter Mary Elizabeth Williams and my

grand daughter Elizabeth Evans to be equally

divided between them

Item 4th I devise and bequeath One hundred Dollars

to the children of my grand daughter Sarah

Grove decd to be held in trust for them by John

Williams my Grandson until they severally become

of age, and it is my desire that said John Williams

would put said money out at interest as they

respectively become of age

Item 5th I devise and bequeath to my GrandSon

John Williams Fifty Dollars

Item 6th - I devise and bequeath to the Baptist Church

in Delhi Radnor Tp. Ten Dollars for the benefit of

said church

Item 7th I give and devise to the Rev Reese Powell

One Dollar and also one Dollar to the Baptist

Minister of Delhi Church for preaching my funeral

sermon in the meeting house at Delhi

Item 8th I devise and bequeath after paying all

my just debts and funeral expenses and expenses

of my last sickness to my two grandchildren Evan

Evans and Elizabeth Evans the residue of all my Estate

money and effects etc

Item 9th I do hereby nominate and appoint

my said grand children Evan Evans and Elizabeth

Evans Executors of this my last will and testament

hereby authorizing and empowering them
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 469)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 469)

Description

[page 469]

[corresponds to page 426 of Will Records Vol. 2 1835-1850]


426

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 em-

power if it becomes necessary to dispose of any real

estate that I may have &c in any manner they may

deem proper. I do hereby revoke all former wills by me

made In Testimony whereof I have hereunto set my hand

and seal this 12th day of February AD 1848

her

Signed and acknowledged Katharine X Williams {Seal}

acknowledged by said Katharine

Williams as her last will and testament

in our presence and signed by us in

her presence - Jas R Hubbell

Geo E Dain

Richard Bumford

Whereas I Catharine Williams of the County of Delaware

Ohio on the 12th day of February 1848 made my last will &

testament of that date, do hereby declare the following to be a

Codicil to the same. It is my desire and will that all

the said use of my property and Estate as well as the legacy

due me from Wales should be equally divided among

my three Grandchildren Henry William Benjamin

Evans and Catharine Williams. In testimony whereof

I have hereunto set my hand and seal this 30th day of June

1849 her

Catharine X Williams

mark

Signed and acknowledged by Catharine Williams in our

presence. James R Hubbell C W Carpenter


The State of Ohio Delaware County SS

Court of Common pleas Special Session August 22 1849

Personally appeared in open Court Jno E Davin James R

Hubbell and C W Carpenter who being duly sworn depose

and say that the paper before them purporting to be the

last will and testament and Codicil of Katharine Williams

decd was by the said Katharine Williams acknowledged and

published and declared to be her last will and testament in the

presence of these deponents; that the said deceased was of

lawful age, that she was of sound and disposing mind &

memory and under no restraint, as they verily believe

that they subscribed the same as witnesses in the presence and

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 470)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 470)

Description

[page 470]

[corresponds to page 427 of Will Records Vol. 2 1835-1850]


427

at the request of the testator and in the presence of

each other John E Davies

Sworn and subscribed in James R Hubbell

open court this 22nd C W Carpenter

day of August AD 1849

Geo W Stark Clerk



Will of John Lott Decd

In the name of God, Amen,

I John Lott of the County of Delaware in the State of Ohio

do make and publish this my last will and testament in

manner and form following

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

debts be fully paid out of what money may be on hand

2nd I give devise and bequeath to Daniel S Carney my

nephew thirty dollars out of my moneys and obligations

3rd I give devise and bequeath to Joseph Lott my

brother one new suit of clothes that I have after my

decease

4th I give devise and bequeath to Sarah Carney my

Sister and Joseph Lott my brother each an equal

share in One hundred and Sixty eight dollars in oblig=

ations that I hold, and about one hundred dollars

I have in money after my funeral expenses are

paid and Daniel S Carneys bequest is deducted

And lastly, I hereby constitute and appoint

my brother Joseph Lott and Daniel S Carney my

nephew, to be the Executors for this my last will

and testament

In Testimony whereof I have hereunto set my hand

and seal this twenty seventh day of February One

thousand and eight hundred and forty nine

Signed in presence of John Lott {Seal}

Daniel Maxwell

Sarah Waldron

The State of Ohio Delaware County SS

Court of Common pleas October Term 1849

Personally appeared in open court Daniel Maxwell

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 471)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 471)

Description

[page 471]

[corresponds to page 428 of Will Records Vol. 2 1835-1850]


428

and Sarah Waldron who being duly sworn depose and say

that the paper before them purporting to be the last will and

testament of John Lott now deceased was by the said John Lott

acknowledged & published and declared to be his last will and

Testament in the presence of these deponents: that the said decd

was of lawful age & that he was of sound & disposing mind

& memory and under no restraint, as they verily believe

that they subscribed the same as witnesses in the presence of each

other Signed Sarah Waldron

Sworn to and subscribed in Daniel Maxwell

open Court this 7th day of October AD 1849

Geo W. Stark Clerk


Will of James M McCutcheon decd


I James M. McCutcheon of the County of Delaware and State of

Ohio do make and publish this my last will and testament in manner

and form following that is to say

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

fully paid

Second - I give devise bequeath to my beloved wife Elizabeth McCutcheon in lieu

of her dower, her support & maintainance on the plantation on which

we now reside, so long as she remains my widow

Third . I give and devise to my oldest son John L McCutcheon Fifty

dollars in cash, twenty five dollars of which he is to refund to my

third son Peter McCutcheon when he is twenty one years of age

without interest

Fourth. I give to my second son Joseph G McCutcheon the plan

tation on which we now reside together with the stock crops

farming utensils &c belonging to me upon the following conditions

viz He is to support and maintain his mother during her natural

life. provided she remains my widow and keep and furnish

a house for my daughters while they remain unmarried and

wish to remain with him

Fifth. The claims which I hold against my brother Hodge

McCutcheon to be disposed of as follows, fifty dollars of the

first hundred to be put into my oldest son J L McCutcheons

hands as before provided the balance of said hundred to be

applied to the payment of my debts
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 472)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 472)

Description

[page 472]

[corresponds to page 429 of Will Records Vol. 2 1835-1850]


429

The second hundred to be applied as follows

1st the payment of a note held by the Executor of the Estate

of my brother William decd

Second, five dollars to be paid to my oldest daughter

Elanor McCutcheon and the balance to be divided

equally between my three youngest daughters viz Mary

Anne, Jane, Isabelle

Lastly I hereby constitute my wife and Hodge McCutheon

to be the Executors of this my last will and testament

In Testimony whereof I have hereunto set my hand this

18th day of May 1849 J M McCutcheon

Signed published and

declared by the above named James M McCutcheon as

and for his last will and testament in presence of

us who at his request have signed as witnesses to

the same Thomas M Garvin R R McCutcheon

The State of Ohio Delaware County SS

Court of Common Pleas October term 1849

Personally appeared in open court RR McCutcheon

& Thomas M Garvin who being duly sworn deposed

& say that the paper before them purporting to be the

last will and testament of James M McCutcheon now

deceased was by the said James M McCutcheon acknowledged

published and declared to be his last will & testament

in presence of these deponents, that the said decd

was of lawful age, that he was of sound and disposing

mind and memory, and under no restraint as

they verily believe: that they subscribed the same as

witnesses in the presence of and at the request of the

Testator & in the presence of each other

Sworn to and subscribed R R McCutcheon

in open court this 16th Thomas M Garvin

day of Ocotber AD 1849.

GW Stark Clerk.
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 473)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 473)

Description

[page 473]

[corresponds to page 430 of Will Records Vol. 2 1835-1850]


430 Will of Jacob F Singer decd

I Jacob F Singer of the County of Delaware in the State of Ohio

do make and publish this my last will and Testament in manner

and form following that is to say. First It is my will that my

funeral expenses and all my just debts be fully paid

Second I give devise and bequeath to my wife Rebecca M Singer

the house and lot on which we now reside containing about

one acre of land and also all my personal property that

remaining after paying my funeral expenses and all my just

debts as aforesaid

And lastly I hereby constitute and appoint John W F

Singer, my son, to be my sole Executor for this my last will

and testament, revoking and annulling all former

wills and ratifying and confirming this and no other to

be my last will and testament

In Testimony whereof I have hereunto set my hand and

seal this 4th day of September in the year of our Lord 1849

Signed published by the above J F. Singer {seal}

named Jacob F Singer as and

for his last will and testament in presence of us who

at his request have signed as witnesses to the same

Robert Wilson, Robert Shannon

The State of Ohio Delaware County SS

Court of Common pleas October term 1849

Personally appeared in open court Robert Wilson and

Robert Shannon who being duly sworn deposed and says

that the paper before them purporting to be the last will

and testament of Jacob F Singer now deceased was by

the said Jacob F Singer acknowledged published and declared

to be his last will and testament, in the presence of these

deponents: that the said deceased was of lawful age,

that he was of sound and disposing mind & memory, and

under no restraint, as they verily believe: that they subscribed

the same as witnesses in the presence and at the request of

the Testator, and in the presence of each other

Sworn to and subscribed in Robert Wilson

open court this 23 day of Robert Shannon

October AD 1849 Geo W Stark Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 474)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 474)

Description

[page 474]

[corresponds to page 431 of Will Records Vol. 2 1835-1850]


Will of John Morris decd 431

In the name of the Benevolent Father of all I

John Morris of the County of Delaware and State of Ohio

being of sound mind do make and publish this my

last will and testament

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

dower and to my son John Morris, the farm on which

she now reside and all my personal property and effects

by them paying all my just Debts & expenses, by my

son John Morris paying my daughter Ann Morris

Fifty Dollars within five years from my decease and

my daughter Mary Morris five Dollars within five

years, and at the death of my said wife this my

will that my said daughter Ann Morris should have

fifty dollars worth of household furniture

and the balance of her effects to go to my son

John Morris

2nd I do hereby nominate and appoint my said

wife and my son John Morris Executor of this my

last will and testament

In Testimony whereof I have hereunto set my

hand and seal the 28th day of July in the year

of our Lord AD 1849 John Morris {seal}

Signed and acknowledged by said

John Morris as his last will and testament in

our presence and signed by us his presence

John Cunningham John Williams

The State of Ohio Delaware County ss

Court of Common pleas October Term 1849

Personally appeared in open court John Cunningham

and John Williams who being duly sworn deposed and

say that the paper before them purporting to be the last

will and testament of John Morris now deceased

was by the said deceased acknowledged published

& declared to be his last will and testament in the

presence of these deponents, that the said deceased was of

lawful age that he was of sound and disposing

mind and memory & under no restraint as they

verily believe that they subscribed the same as witnesses in

the presence & at the request of the testator & in the presence of each other

sworn to and subscribed in open court John Cunningham

this 16th day of October AD 1849 John Williams

Geo W Stark Clk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 475)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 475)

Description

[page 475]

[corresponds to page 432 of Will Records Vol. 2 1835-1850]


432 Will of Benjamin Carpenter decd

I Benjamin Carpenter of Galena Delaware County Ohio do

make and publish this my last will and testament. I

give and bequeath to my beloved wife the intire use of my

personal and real estate, she applying the proceeds of the same

to paying my debts and funeral expenses and keeping the

property in repair, bring up and schooling our children which

property is to be under her control so long as she shall remain

my widow after that to be endowed of one full third part

of said property

I do hereby nominate and appoint my wife Lucy Carpenter

and my son Robert Carpenter Executors of this my last will

& testament hereby authorizing and empowering them to

compromise adjust release and discharge in such manner

as they may deem proper the debts and claims due me

I do also authorize and empower them if it should

become necessary in order to pay my debts to sell by

private sale or otherwise in such manner upon such

terms of credit or otherwise as they may think proper all or

any part of my real estate and deed, to purchase, to

execute acknowledge and deliver in fee simple

I hereby revoke all former wills by me made

In Testimony whereof I have hereunto set my hand and

seal this 24th day of May AD 1849

Signed and acknowledged B Carpenter {seal}

by Benjamin Carpenter as his last

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

Samuel Warren Robert Carpenter

Delaware County SS

In Court of Common Pleas October Term 1849

Robert Carpenter being duly sworn in open court upon

his oath says that the paper now here produced in open Court

in the will and testament of Benjamin Carpenter Esqr decd

that the same was on or about the date thereof towit the

24th day of May AD 1849 Signed and sealed by the said

Benjamin Carpenter at his residence in the said county as

his last will and testament and so by the said Benjamin Carpenter

then and there published and declared to be his last will and testament

in the presence of this deponent and Samuel Carver as witnesses who

then and there saw him sign the same & who then & there at

his request & in his presence & in the presence of each other

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 476)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 476)

Description

[page 476]

[corresponds to page 433 of Will Records Vol. 2 1835-1850]


433

signed our names thereto as witnesses, that the said Testator

was about the age of sixty seven years of sound mind and

memory and not acting under any restraint and

further says not Robert Carpenter

Sworn to and subscribed in open court this 16th day of

October AD 1849 Geo W Stark Clerk

The State of Ohio Delaware County Ss

I Henry Hodgden esquire of said County Greeting

Know ye that in confidence of your prudence & fidelity We

have appointed you & by these presents do give to you full

power and authority to examine and take the deposition

of Samuel Carver the subscribing Witness to the will of

Benjamin Carpenter decd hereto annexed, late of said county

deceased, and therefore we command you that on a certain

day and place to be appointed by you you cause the

said Samuel Carver to be brought before you and then

and there to examine him on his corporal oath and

affirmation, first taken before you touching the due

execution of the said will of the said Benjamin Carpenter

decd and that you reduce such examination to writing

and return the same together with the writ and

the said will of the said Benjamin Carpenter decd

thereto annexed close it up under your seal into

our said court with all convenient speed

Witness Geo W Stark Clerk of said court this 10

day of October AD 1849

{Seal} Geo W Stark Clerk

The State of Ohiio

Delaware County Ss Personally appeared before me the

subscriber Sam'l Carver who was by me first duly sworn

to testify the truth the whole truth & nothing but the

truth deposed and Saith that the paper before him

purporting to be the last will and testament of Benjamin

Carpenter now decd was by the said deceased signed, sealed

acknowledged published and declared to be his last

Will and testament in the presence of deponent

that said deceased was about sixty five years old

that he was of sound mind & memory & under

no restraint as affiant verily believes. that he
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 477)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 477)

Description

[page 477]

[corresponds to page 434 of Will Records Vol. 2 1835-1850]


434

subscribed the same as witness with Robert Carpenter the

other subscribing witness in the presence and at the request

of the testator, and in the presence of each other

Sworn and subscribed to before Samuel Carver

me this 18th day of October AD 1849

Henry Hodgden Commissioner

Proven and admitted to record Oct 8th 1849

________________________________


Will of Alpheus Bigelow decd

In the name of the benevolent father of all I Alpheus

Bigelow being of feeble health but of sound mind do

make and ordain this my last will and testament

revoking any and all other wills made by me at any

former time

Item 1st It is my will and desire that my funeral expenses

be first paid, after that all just debts be paid in full

Item 2nd I give and bequeath unto my Son Russell

Bigelow one hundred dollars in addition to what I have

already helped him, in this I relinquish all claims and

demands for what I have assisted him

Item 3rd As I have assisted my son Eliphas Bigelow

to all that I believe to be his equal share, but I give to him

a good new Bible as a memento to remember his

father

Item 4th I give and bequeath unto my daughter Mary

L Bigelow the farm that Andrew Young deeded to me

situate in Berkshire Township and on Section 4 and also

the undivided right of Eliza Bigelow late Eliza Young

share in her father Thomas Young Estate which undivided

land I own

Item 5th The balance of my real and personal Estate I give

to my beloved wife Jane Ann Bigelow for to raise

my other 4 children, Rebecca S Bigelow Alpheus

Bigelow Henry Clay Bigelow & Thomas Jones Bigelow until

my youngest child is of age & provided she remains my

widow. and I do appoint my said wife to be Guardian

to my four last named children so long as she continues

to be my widow. But if my said wife marry during
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 478)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 478)

Description

[page 478]

[corresponds to page 435 of Will Records Vol. 2 1835-1850]


435


the minority of any of my said children then she is to have

the right of dower & the balance of my Estate real & personal

not disposed of in Items 2 & 3 & 4 to be equally divided

between my four last named children, but the farm

in Section 3 Berkshire township not to be sold until

the youngest child is of age

In Testimony whereof I have hereunto set my

hand and seal the 31st day of August AD 1849

Signed Sealed & Alpheus S Bigelow {Seal}

acknowledged to be

his last will & testament in presence of

Henry Hogden Henry Carpenter

The State of Ohio Delaware County Ss

Court of Common pleas October Term 1849

Personally appeared in open Court Henry Hodgden who

being duly sworn depose and say that the paper before him

purporting to be the last will and testament of

Benjamin Bigelow now deceased, was by the said decd

acknowledged, published and declared to be his

last will and testament in the presence of these

deponents, that the said decd was of lawful

age that he was of sound and disposing mind

& memory & under no restraint as they verily

believe that they subscribed the same as witnesses

in the presence and at the Testator in the presence

of each other Henry Hodgden

Sworn to and subscribed in open court this 16th

day of October AD 1849. Geo W Stark Clerk

The State of Ohio Delaware County Ss

To Henry Hodgden esquire of said county

Greeting Know ye that we in confidence of your

prudence and fidelity have appointed you and by

these presents do give to you full power and auth-

ority to examine and take the deposition of

Henry Carpenter one of the subscribing witnesses

to the will of Alpheus Bigelow decd hereto annexed

late of said county decd and therefore we command

you that on a certain day and place to be appointed

by you, you cause the said Henry Carpenter to
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 479)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 479)

Description

[page 479]

[corresponds to page 436 of Will Records Vol. 2 1835-1850]


436

be brought before you and then and there examine him

and his corporal oath, or affirmation, first taken before

you touching the due execution of the said will of the

said Alpheus Bigelow, and that you reduce such

examination to writing and return the same together with

this writ and the said will of the said Alpheus Bigelow

thereto annexed closed up under your seal into our

said court with all convenient speed

{Seal} Witness Geo W Stark Clerk of said court

this 16th day of October AD 1849 Geo W Stark Clerk


The State of Ohio Delaware County Ss

Personally appeared before me the subscriber Henry

Carpenter who was first by me duly sworn to testify the

truth the whole truth and nothing but the truth,

deposith and saith that the paper before him purporting

to be the last will and testament of Alpheus Bigelow decd

was by the said deceased signed sealed acknowledged and

published and declared to be his last will & testament

in the presence of deponent, that said deceased was

about fifty five years old that he was of sound mind

and memory and under no restraint as affiant verily

believes. That he subscribed the same as witness with

Henry Hodgden the other subscribing witness in the presence

and at the request of the testator and in the presence

of each other Henry Carpenter

Sworn to and subscribed before me this 18th day of

October AD 1849. Henry Hodgden Commissioner

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 480)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 480)

Description

[page 480]

[corresponds to page 437 of Will Records Vol. 2 1835-1850]


437

Copy of the Will of Louisa C Shaw decd

Georgia Camden County

In the name of God. Amen:

I Louisa C Shaw do make this my last will and testament

in manner and form following that is to say

[in left margin: First - ]

I give devise and bequeath to my very dear and dutiful

nephew Phineas Miller Nightingale my two plantations

called Dungeness and Oakland be the same more or less

also a tract of land lying in Cumberland Souh Point be

the same more or less, also all my negroes with their natural

increase excepting those hereinafter specified to have and

to hold the same forever

Also the portraits of his Grandfather and Grandmother and

that of General Washington, all the plate in my house

marked N G or C M with one half of the teaspoons engr-

aved with a Buckshead, all the Books that bear my

Fathers or mothers name, and one half of the Beds

mattresses pillows and bed and table linens I may

die possessed of excepting that hereinafter specified

I positively however forbid any sale or exchange of

said property whatever it being my will that this

my bequest should descend to the lawful heirs of

my said nephew should he have any children or to

his heirs hereinafter mentioned unless my said

nephew should have a posthumous son in which

case it is my will that the said property be held

by my Executors for his use & benefit until he becomes

of age, when it shall be vested in him and his

heirs forever

It is however at all times under the same demands

restrictions and limitations as it is by this

instrument of writing vested in my said nephew

Phineas Miller Nightingale

It is my will that my said Nephew Phineas Miller

Nightingale pays all my just Debts as soon after

my decease as possible without sacraficing

the property. That he erects on the Presbyterian

Independant Church in Savannah a monument

to the memory of my honored Father and that

he consults with my excellent & most kind
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 481)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 481)

Description

[page 481]

[corresponds to page 438 of Will Records Vol. 2 1835-1850]


438

friend Judge Berrien as to the proper inscription

This monument it is my will should cost one thousand

dollars. It is further my will that my said Nephew Pays or

cause to be paid to my beloved and dutiful niece Margaret

Green One Thousand Dollars within two months after my

decease. That on the first day of January thereafter he shall

pay to her or her order three thousand dollars more

That on that day twelve months he shall pay to have ordered three

thousand dollars more making in all a bequest of Seven

thousand Dollars

It is further my will that one year from the payment of the

second Three thousand Dollars my said Nephew shall pay

to the said Margaret Green one thousand Dollars more

being the first payment of an annuity of One thousand

dollars to be paid to her or her order on the first day of

every year as long as she lives

It is also my will that should my said nephew Phineas

Miller Nightingale omit to pay or cause to be paid to the

said Margaret Green the moneys herein before mentioned

at the dates when they shall become due, and also if he

should not regularly pay or cause to be paid the said annuity

of One thousand Dollars he shall pay her at the rate

of Twenty five percent per annum for all the time

that may elapse after the payment of the said money becomes

due until it shall be paid to her or her order

It is further my will that my said niece Margaret Green

shall have no right to alienate this my bequest on any

manner or form whatever and that no compromises or

commutation of any kind shall take place as long

as she lives

I wish it to be clearly understood that in every

thing respecting of this my bequest to my dear niece

Margaret Green the successer or Representative of my

Nephew are hereby bound to fulfill my wishes as as though

as he himself forever

Secondly I give devise and bequeath to my nephew

Phineas Miller Nightingale and my nephew Peyton

Skepwith to be held in trust for my dear Sister Martha W.

Skinner and to devised to and be divided among four

daughters, Martha Julia Emily & Louisa after her death
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 482)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 482)

Description

[page 482]

[corresponds to page 439 of Will Records Vol. 2 1835-1850]


439

the following property namely Five Hundred acres

of my Tennessee land Known by the name of Gurlys Farm

that is to lay Three hundred acres of the first quality &

two hundred acres of hill land being estimated at Five

thousand dollars. If however my dear Sister

should prefer any other situation for a farm then it

is my will and my said Nephews and hereby vested with

full power so to do that the said land be sold to the best

advantage and the proceeds shall be vested under or

like deed of trust in real Estate in my said two nephews

to be held by them for the sole use & benefit of my dear

Sister as long as she lives

I also give devise and bequeath to my said two

Nephews Phineas Miller Nightingale and Peyton

S Kepwith to be held in trust by them and to be vested

in Negroes for my said Sisters Sole use and benefit

the further Sum of Two Thousand dollars

Thirdly. It is my will that as early after my

decease as possible my Executors proceed to Sell

to the best advantage the whole of the residue

of my property in Tennessee to meet the payment

of the debts and legacies as far as the proceeds

will go to be provided for by this instrument of

writing

It is further my will that my said Nephew Phineas

Miller Nightingale shall pay to my Sister Mrs

Cornelia S Littlefield the sum of Five hundred

dollars

To my brother Nathaniel R Green the sum of

Five hundred dollars

To my friend Judge Berrien who has been indeed

like a brother to me all my life Five hundred

Dollars

To Mrs Phoebe Sands my dear mothers sister

Five hundred Dollars

To Mrs Catharine Littlefield Five hundred dollars

And that within four years after my decease

he shall pay to my two Nephews Nathaniel and

George W Green one thousand dollars apiece
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 483)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 483)

Description

[page 483]

[corresponds to page 440 of Will Records Vol. 2 1835-1850]


440

That as each of my four nices Martha Julia Emily and

Louisa shall be married or arrive at the age of twenty one

he my said nephew, shall pay them one thousand dollars

a piece, and that as soon after my decease as possible he

pays to my excellent friend Harriet A Elbert the sum of

Two hundred and fifty Dollars.

That when my little namesake Louisa Shaw Berrier

arrives at the age of Ten years he shall pay her One thousand

Dollars. In case of the death of my nephew Phineas

Miller Nightingale without leaving any lawfull

children, and in case he should not have a posthumous

son then it is my will that the property which I have

bequeathed to him should be and is hereby vested in my

nephew Peyton Skepwith and his lawful children or issue

In case of his death without issue then it is my will that

my said property be and it is vested hereby in my nephew

George W Green and his lawful issue should any of these by

him have issue who comes into possession of this my

bequest and die before coming of age then it is my

will that my said property revert to the next in sucession

in the order in which they are mentioned

It being always understood that all these my heirs are

hereby bound to the same. That all debts legacies ammenities

and bequests, all restrictions limitations and requests

shall be and they are hereby made as binding and oblig=

atory in the successors or representatives of my said

nephew Phineas Miller Nightingale or they all or may

be under any circumstances on himself

I hereby positively forbid any sale exchanges or

alteration of my negros whatever. It being my will

that they should or for as possible be kept together and

descend to my future heirs in the order in which I herein

before dictated, and as in this last solemn act of my life

I feel it a very peculiar duty to guard the happiness and

comfort of these poor people in every way in my power

I hereby positively prohibit my aid negros from being

removed to any place over fifty miles from Cumberland

Island unless a war or some circumstances which

menace their safety should in the opinion of my Heirs

and Executors render such a measure necessary in

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 484)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 484)

Description

[page 484]

[corresponds to page 441 of Will Records Vol. 2 1835-1850]


441
which case one or more of them shall go before a

magistrate and swear that in their opinion such

removed is positively necessary to the safekeeping of said

negroes, and that they are to be returned to their homes

in Camdem County as soon as the circumstances

of the Country will render it safe for them

I give devise and bequeath to my dear and much

valued Nephew Peyton Skepwith my plantation on

Crooked River called Cotes or Woodburn be the same

more or less provided always that I do not during

my life settle the same for a Sugar plantation and

make the necessary arrangements for the same

in which case said Plantation will have become a

necessary appurtenance to my property on Cumberland

Island and I therefore give devise and bequest the

same to my nephew Phineas Miller Nightingale he

paying to my said nephew Peyton Skepwith the sum of

Eighteen hundred Dollars in lieu thereof.

I give devise and bequeath to my niece Louisa C

Turner all my right title and claim to an undivided

tract of land in the State of Ohio, and all my right title

and claim to an undivded tract on Upton Creek to

have and to hold the same forever

I give by this last solemn act of my life to my

excellent beloved and most devoted friend Margaret

Green my thanks and my blessing for years of the

most unbounded friendship and tenderness

I also give to her and to my nephew Phineas Miller

Nighingale all my stock of horses and cattle to

share and share alike

I also give and devise to my dear Margaret Green

the portrait of my lamented husband painted by

Stewart. All the plate unmarked - One dozen of

Desert and one dozen of tea spoons engraved with

a Buckhead. All the furniture of her own

Room that may be worth removal, one half of

the beds mattresses pillows and bed and table

linen I may die posessed of. I also give to her

my rosewood dressing box, her uncles desk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 485)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 485)

Description

[page 485]

[corresponds to page 442 of Will Records Vol. 2 1835-1850]


442

and my own bedstead and workstand

I also give and bequeath to her all the books in the house

that bear her lamented Uncles name

I also give to her my Thibet shawl and black satin cloak

my other shawl, and silk drapes it is my request that she

send with my love and blessing to my dear nieces Anne

and Isabella Clark, I also give to Ann Clark my pearls &

ruby broach containing her lamented Uncles hair and to

Isabella Clark my pearl ring also containing his hair

I also give to my dear Margaret Green all the rest of

my Trinkets excepting a locket of Gen G Washingtons hair which

I give to my nephew Phineas M Nightingale, and excepting

also a ring of Genl LaFayette hair which I leave to my dear

nephew Peyton Skepwith.

I give my dear niece Jane Clark a gold chain presented

to me by her Brother John

To my Brother in Law Dr Henry Turner I leave as a small

Memento of his kindness to me my large Edinburgh Atlas

To my Niece Martha W Turner I give and devise my

copperplate likeness of my Father presented to me by Genl

LaFayette. And to my Niece Julia Turner I leave my

likeness of Genl LaFayette presented to me by his daughter

Madam Sastraju

To My niece Emily Turner I leave my Piano and all

my music

To my niece Louisa Turner I leave the likness of my

Father presented to me by Mrs Peters and a complete sett

of Mrs Hannah Moores works which I request her

on other will purchase for her as soon after my decease

as possible I also give to my dear Sister Martha W Farmer

my Edition of Scotts Family Bible and the work of John

Newton. For my cousin Ray Sands I give and bequeath

the life of Chatham and Eustaces Classical Zone

As there is no part of His instrument of writing that

has caused me half the embarrasment and perplexity

I have felt in making a proper provision for and

necessary as far as in lies the future happiness &

Comfort of my faithful affectionate and long tried Servt

Aboo. I trust that my dear nephew Phineas Miller

Nightingale and my highly respected young friend Henry
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 486)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 486)

Description

[page 486]

[corresponds to page 443 of Will Records Vol. 2 1835-1850]


443

Sadler esqr will pardon the liberty I hereby take of naming

them for trustees to her the said Aboo and her infant child

Emily. It is my will that my said Servant Aboo

should go whence and reside where she pleases having

full liberty to follow her own inclinations in all

matter and things connected with the future mode

of life of herself and her child Emily. As however

it is my belief that she will be happier and better

off at Cumberland Island than any where else

It is my particular request to my nephew Phineas

Miller Nightingale that he should build for her a

neat house and that she should have permission

of the same as long as she lives

I also give devise and bequeath to my said Servant

Aboo, six of my black chamber chairs, a small

common bedstead, six common cups and saucers

a Tea pot, plates &c of common ware, a good

mattress, three pair of cotton sheets, three blankets

and in short all the comforts that may be necessary

for her with all my clothes not already specified

It is further my will that my said nephew Phineas

Miller Nightingale shall pay to my said Servant

Aboo, One hundred Dollars a year as long as

she lives to be paid Twenty five Dollars per quarter

That he also supplies her with Twenty five Bushel of

corn and fifty Pounds of Bacon a year as long as

she lives I intreat my dear nephew Phineas Miller

Nightingale as he loves my memory and as he ^shall hope

to have his will executed when he too shall be

called on to render up an account of the things

done in the flesh that he shall fulfill scrupulously

my will in all its parts with respect to this my

excellent and highly valued Servant

And I do this the more earnestly because I feel that

she will require all that he can do for her

Every part of this my will respecting this my

servant Aboo I make by this Instrument of writing

aas binding and obligatory on the sucession and

representatives of my said Nephew Phineas

Miller Nightingale as this or may be on himself
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 487)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 487)

Description

[page 487]

[corresponds to page 444 of Will Records Vol. 2 1835-1850]


444

It is further my will and I hereby direct that should

there be a crop on hand at the time of my decease the proceeds

thereof shall be applied by my Executors to this payment of

the debts and legacies herein before specified

Should there be any part of my property which I have not

appropriated, or any claims recovered which I have not

already named in this Instrument of writing I hereby

appoint my adopted children Philean Miller Nightingale

and Margaret Green residency Legatees to the same to

share and share alike

Should any subject of dispute arise as to the meaning

intention or execution of this my last will and Testament

It is my will and I hereby direct that the opinion of my

beloved and excellent friend Judge Berrien should be

decisive and bind the parties to all intentions purposes

the same as if a final decision of Court had taken place

threon

To my dear and excellent adopted son Phineas

Miller Nightingale I leave my thanks and my

blessing for having been as excellent a child to me

as ever a mother was blessed with. At whatever

period I may be called unto the presence of my God -

I know it will give equal pleasure to him and to my

adopted daughter Margaret Green to be assured that

for many years my greatest earthly blessing happiness

has flowed from their tenderness and friendship

I make it my dying and solemn request that they will

both endeavor to preserve inviolate their friendship &

kindness towards each other

If ever any cause of dissention should unfortunately

arise between them let each one bear in mind the Command

of our blessed Redeemer to bear and forbear

Let each one recollect that the greatest victories are

those which we obtain over ourselves and let them

be apprised that by so doing they will best receive the

blessing of Almighty God and their own happiness

in this world and that to which we are all to be called

Let this advice sink deep into the heads of my children

It is given in a Solemn hour and will if attended

to fulfill one of the last and strongest wishes
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 488)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 488)

Description

[page 488]

[corresponds to page 445 of Will Records Vol. 2 1835-1850]


445

of the friend that has through life loved them both with

such unwavering tenderness

I appoint my highly valued friends John M Pherson

Berrien - My friend Henry Sadler Esqr and my dear

and much beloved nephew Phinias Miller Nightingale

Executors of this my last will and testament hereby

vesting them with full power to carry the same

into effect In Witness whereof I have

hereunto set my hand and seal this day of

in the year of our Lord eighteen hundred and twenty nine

Signed Sealed published Louisa C Shaw {Seal}

and declared by the Testatrix

& for her last will and testament in the presence of us who

in her presence and that of each other have thereunto

Set our hands as witnesses Ray Sands

Saml Flood

John S Grover

Georgia

Camden County Appeared Ray Sands who being

duly Sworn deposeth and saith

that he was present and did see Louisa C Shaw the Testattix

Sign Seal and deliver the foregoing Instrument of writing

to and for her last will and Testament and that at

the time thereof the said Louisa Was of sound mind

memory & understanding and that the deponents

together with Samuel Flood and John S Grovenstein

in the presence of the Testatrix and the presence of

each other subscribed their names to the due

execution thereof Ray Sands

Sworn to in Open Court the

Second day of May 1831

G W Thomas J.S.C.C.C.

G McDonald J.S.C.C.C.

Hugh Brown J.S.C.C.C.

Recorded said this 3rd day of May 1831

By Isaac Bailey Clerk

Georgia Camden

County Clerks Office Court of Ordinary

J Henry R Fort Clerk of the

Court of Ordinary in and for the County and State
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 489)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 489)

Description

[page 489]

[corresponds to page 446 of Will Records Vol. 2 1835-1850]


446

aforesaid, certify the foregoing pages to contain a full

true & perfect copy of the will of Mrs Louisa C Shaw, late of

Camden County deceased as found of record in my Office

Book R of Wills folios of 9. 10. 11. 12. 13. 14.

I further certify that at the date of according the same

Isaac Bailey was the duly commissioned and qualified

Clerk of said Court

In Testimony whereof I have hereunto

{Seal} set my hand and affixed my seal of

Office this 6th day of June AD 1849

Henry R Fort Clk

Georgia

I Thomas K Dunham a Justice of the Inferior

Court in and for the County of Camden in the State of

Georgia, do hereby certify that Henry R Fort whose

genuine signature appears to the foregoing Certificate is

at the present time Clerk of the Court of Ordinary in and

for the said County duly qualified and Commission

and that full faith and credit ought to be had and

given his attestation as such

In Testimony whereof I have hereunto set my hand

and caused the Seal of said Court to be affixed at Jefferson

this sixth day of June AD 1849

T K Dunham J.I.C.C.C.

Georgia Camden County

Clerks Office Inf. Court

I Henry R Fort Clerk of the Inferior Court in and for said

county and state do hereby certify that the Hon Thomas K

Dunham is at the present time an acting Justice of said

court duly commissioned and qualified as the Law directs

That his signature is genuine and full faith and Credit

ought to be had and given his attestation as such

In Testimony whereof I have

{Seal} hereunto set my hand and afixed

my seal of office this 6th June 1849

Henry R Fort Clerk

In the matter of the will of Louisa C Shaw decd

In this case the said will was affixed to the Court to be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 490)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 490)

Description

[page 490]

[corresponds to page 447 of Will Records Vol. 2 1835-1850]


447

admitted to record, which was certified to be a copy from

the Court of Ordinary in the County of Camden in the State

of Georgia on file and made a part of this Bill of exception

On motion that the said will be admitted to record here on

having been duly proved so in Georgia ordered to be recorded

Powell as of Counsel for James O Turner who was interested

in the subject matter of the said will, Objected to this Court

Ordering the said will to be admitted to record because

the said Will and certificates thereto attached did not

show that the said will had been proven & duly admitted

to record by the said Court in Georgia, by any Judgment

or opinion of the said Court and this court without

any evidence other than that contained in the Record

of the said will on file ordered that said will to record

here, and to which opinion of this Court the said

Turner takes exception and prays the Court to sign and

Seal this Bill of accepting which is accordingly

done O Bowen {Seal}

M L. Griffin {Seal}

Almon Stark {seal}
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 491)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 491)

Description

[page 491]

[corresponds to page 448 of Will Records Vol. 2 1835-1850]


448

Will of John McClure decd

In the name of the Benevolent Father of all, I John McClure of

the township of Delaware, and county of Delaware do

make and publish this my last will and testament

Item 1st. I give and devise to my nephew William C Mc

Clure Fifty Dollars to remain in the hands of the Executor

four years to the best use if said McClure is not heared

of at the expiration of the four years the same to fall back

to my heirs

Item 2nd To my two nieces Elanora & Harriet Jane McClure

and twenty five dollars each

Item 3rd To my Brother Richard McClure Fifty Dollars to be

left in the hands of my brother James to be put to use for Richard

until he thinks he is capable of using it himself

Item 4th To my nephew William C Cunningham One Hun-

dred and fifty Dollars to be left in the hands of my Executor

and put to use until he is of age if he should die before

that time the money then to fall back to my heirs

Item 5th To my mother One hundred Dollars

Item 6th To my neice Eliza McClure fifty Dollars

Item 7th To my neice Jane McClure forty Dollars

Item 8th To my nephew William McClure twenty Dollars

Also my saddle and bridle and saddlebags and my clothing

Item 9th The balance of my Estate to be left in three shares

between James my brother & my sister Jane Murphy &

my sister Eliza Ream, James to have one hundred dollars

more than Mrs Murphy and Mrs Murphy fifty dollars

more than Mrs Ream

Item 10th I do hereby nominate and appoint Stephen

M Littell Executor of this my last will and testament

hereby authorizing and empowering him to compromise

adjust release and discharge in such manner he may

deem proper the debts and claims due me

I do also authorize and empower him to transact all

other business for me the same as if I was personally

present and did the same

In Testimony whereof I have hereunto set my hand

and seal this sixth day of September in the year of our

Lord 1849 John McClure {Seal}

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 492)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 492)

Description

[page 492]

[corresponds to page 449 of Will Records Vol. 2 1835-1850]


449

Signed and acknowledged by said John McClure

as his last will and testament in our presence

and signed by us in his presence

William McClure, Samuel L Mason

The State of Ohio Delaware County SS

Special Court of Common pleas November 10, 1849

William McClure and Samuel S Mason Personally

appeared in open court who being duly sworn depose

and say that the paper before them purporting to be

the last will and testament of John McClure now

deceased was by the said deceased acknowledged

published and declared to be his last will and

testament in the presence of these deponents

that the said deceased was of lawful age, that

he was of sound and disposing mind and

memory and under no restraint as they

verily believe, that they subscribed the same as

Witnesses in the presence and at the request of

the Testator and in the presence of each other

Sworn and subscribed to Samuel S Mason

in open court this 10th William McClure

day of November AD 1849

Geo W Stark Clerk

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 493)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 493)

Description

[page 493]

[corresponds to page 450 of Will Records Vol. 2 1835-1850]


450

Will of John B Johnes Decd


The last will and testament of John B Johnes of the town of

Delaware and county of Delaware and State of Ohio made this 7th

day of January AD 1850 I hereby devise and bequeath to my

beloved wife Hannah Maria the fee simple of my house and lot No

14 in west Delaware on which I now reside together with all

appurtenances and all household furniture therein or which I may

die possessed of. I also devise and bequeath to her the remainder of

my personal property after the payment of my debts and funeral

expenses and the final settlement of my Estate. I hereby

nominate and appoint Sylvester Latimer of the town of

Delaware Executor of this my last will and testament

In Testimony whereof I have unto subscribed my name the day

and year above written (Signed) John B Johnes {Seal}

Subscribed by us in the presence of the testator at his request

who subscribed the same in our presence the day & year afore-

said E Penry John Newell

The State of Ohio Delaware County Ss

Court of Common pleas Special Jan'y 22nd Term 1850

Personally appeared in open Court Edwd Penry and John

Newell who being duly sworn depose and say that the paper

before them purporting to be the last will and testament of

John B Johnes now deceased, was by the said John B Johnes

acknowledged, published and declared to be his last will &

Testament in the presence of these deponents: that the said

deceased was of lawful age of sound and disposing

mind & memory and under no restraint as they verily

believe, that they subscribed the same as witnesses in the

presence and at the request of the Testator & in the presence

of each other John Newell

Sworn and subscribed in open E Penry

court this 22nd day of January

AD 1850 Geo W Stark Clerk

for Geo W Johnes dept
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 494)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 494)

Description

[page 494]

[corresponds to page 451 of Will Records Vol. 2 1835-1850]


451

Will of James McCune decd

In the name of God Amen I James McCune of

Scioto Township, Delaware County & State of Ohio, considering the

uncertainty of this mortal life, and being in good health and sound

mind, blessed be Almighty God for the same, do make & publish

this my last Will & testament in manner & form following - that

is to say, I give & bequeath unto my only son living James McKune

the farm on which I now live being part of Entry No 4267 in

the Virginia Military District containing One Hundred and

fifty acres be the same more or less, together with all my

personal property consisting of Horses and other stock, farming

utensils, household furniture & all other property in any wise

belonging to me - Except the following legacies to the following

legatees to wit. First I give & bequeath to my daughter Sophiah

Wife of John Newhouse One Hundred dollars - Also to

James Newhouse son of said Sophia & John Newhouse

fifty dollars - Elizabeth Cameron wife of Samuel M Cameron

five dollars, having heretofore given to Said Elizabeth & Samuel

M Cameron One hundred & Six acres of land & other property to

the full amount of her share of my Estate - I do hereby appoint

my son James McKune sole Executor of this my last will &

testament, hereby revoking all former Wills by me made

In witness whereof I have set my hand and seal this 21st

day of November AD 1843. One thousand Eight hundred

forty three. Signed, Sealed, published and delivered by

the above named James McCune Sen. in the presence of us who

have hereunto subscribed our names as Witnesses in the presence

of the testor James McKune Senior {Seal}

Stephen Hodsden

his

Maurice X Evans

mark

The State of Ohio Delaware County Ss

Court of Common Pleas March Term AD 1850

Personally appeared in open Court Morris Evans who being duly

sworn depose & says that the paper before them purporting to be the

last will & testament of James McCune late of said County now

deceased was by the said James McCune acknowledged &

published & declared to be his last will & testament in the presence

of this deponent, that the deceased was of lawful age, that he was

of sound & disposing mind & memory & under no restraint as he

verily believes, That he subscribing the same as a witness in the
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 495)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 495)

Description

[page 495]

[corresponds to page 452 of Will Records Vol. 2 1835-1850]

452

presence and at the request of the Testator & in the presence of each

other Morris Evans

subscribed & Sworn to in said County this 19th day of March AD 1850

G W Stark Clerk
=======================================================================

Will of Jacob Dennis decd


The State of Ohio Delaware County Ss

Court of Common Pleas March Term AD 1850

Personally appearing in open Court James M Eckles and

John Young who being duly Sworn depose & say that the paper

before them purporting to be the last Will and Testament of Jacob

Dennis now deceased was by the said Jacob Dennis acknowledged

published & declared to be his last will & testament, in the presence

of these deponents, that the said deceased was of lawful age, that

he was of Sound and disposing mind and memory and under no

restraint as they verily believe, that they subscribed the same as witnesses

in the presence and at the request of the testator and in the presence

of each other - James M Eckles. John Young

Sworn to and subscribed in open Court this 19th day of March AD 1850

G W Stark Clerk

In the name of the Benevolent Father of all, I Jacob Dennis

of Oxford township, Delaware County, 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 funeral expenses be paid out of my

estate. Item I give and devise to my wife Jane the lease on which

we now reside situate in Oxford Township. Delaware County, State

of Ohio, containing about Twelve acres, until the term of said

lease expires according to contract. Also all my stock, household

goods, furniture, provisions, ready money and all other goods and

chattels of which I may be possessed at the time of my decease after paying

my just debts, to be to her and her heirs forever. I do hereby revoke all

former wills by me made. In testimony whereof I have hereunto

set my hand and seal this third day of September in the year 1849

Signed & acknowledged by said Jacob Dennis as his last

Jacob Dennis {seal}

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

James M Eckels. John Young
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 496)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 496)

Description

[page 496]

[corresponds to page 453 of Will Records Vol. 2 1835-1850]


453

Will of Levinus Clarkson

=========================================================================

State of New York

{Seal} Lawrence County Surrogate County SS

I Benjamin G Baldwin Surrogate of said County do hereby certify to

to whom it may concern, that on searching the records of this County I have

found that on the twenty third day of October, in the year of our Lord

One thousand Eight Hundred and forty five, the last will and testament

of Levinus Clarkson late of the Town of Potsdam in said County

formerly of the City of New York, deceased was duly proven in this

Court Pursuant to Law and that letters testamentary thereon were on

the 27th day of October 1845 granted to Ann Mary Clarkson Executrix

and Augustus L Clarkson, David L Clarkson & Levinus Clarkson

Executors in said Will named and that it does not appear from said

record that said letters have been revoked. And I do further certify

that I have compared the annexed copy of the Will of the said Levinus

Clarkson decd and the Original record thereof, and have from the same

to be a correct transcript of the whole of said last Will and testament

In testimony whereof I the said Surrogate have hereto set

my hand & affixed my official Seal as such Surrogate at the

Village of Potsdam in said County, on the twelfth day of March

in the year of our Lord One thousand Eight hundred & fifty

Benjamin G Baldwin

Surrogate

In the name of God Amen - I Levinus Clarkson of the City &

State of New York being of sound mind memory & understanding

blessed be God for the same, do make & publish this my last will & testament

in manner & form following, that is to say, In the first place I order &

direct that all my just debts & all my funeral & testamentary charges

be first paid out of my estate. Item. I give & bequeath to my beloved

Wife Ann Mary, all my plate & all my household furniture I also give &

devise to her all that certain house & lot wherein I now reside and

known and distinquished by the No 11 Harrison Street in the fifth ward

of the City of New York. The repairing the same premises is good

& sufficient repair & keeping the same the same per clear & fully discharged from

all taxes & assessments whatsoever, and insured from all loss or damage by give

to the full value thereof or as near thereto as may be. So that in case such

loss or damage may happen, the money to be received upon or by means
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 497)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 497)

Description

[page 497]

[corresponds to page 454 of Will Records Vol. 2 1835-1850]


454

of such insurance may be laid out in reinstating the same. And I also

give & bequeath to her an annuity as yearly sum of Three thousand dollars

to have, hold, receive & enjoy the said Plate & household furniture the said

house & lot of land and the said annuity as yearly Sum of Three thousand

dollars, unto my said Wife for & during So being a time as she shall continue

my widow & not marry again. but if she should marry again, then I give

& bequeath to her the sum of Twenty five thousand dollars in lieu of the

devise & bequeath aforesaid, to have & to hold to & for her own proper use & benefit

forever. And for the purpose of securing the said annuity or yearly Sum of

Three thousand dollars to my said Wife so long a time as she shall continue

my widow, I give & bequeath to my Sons Augustus L Clarkson, David

L Clarkson and Levinus Clarkson their Executors & Administrators the

Sum of Fifty thousand dollars Upon trust that they my said trustees ages

the Survivors & Survivor of them, and the Executors or Administrators of

such Survivor do & shall as soon as convenient after my decease, put in

place the same at interest either in one entire sum or in parcels upon and

security or invest the same in the purchase of public Stock of the United

States & of the State of New York is the stock or stocks of Banking or other

incorporated Companies or in the purchase of real estate at their discretion and

the same to call in & place in & again as aforesaid so often as they shall think

fit, and in trust to pay the interest dividends proceeds thereof from time

to time as the same shall be received or so much thereof as will be sufficient

to make up said annuity or yearly Sum of Three thousand dollars to

my said wife & her assigns for & during the term aforesaid provided always

and I do hereby declare that the provisions hereby made for my said Wife

shall be in full recompence & bar of all Dower & third which my said Wife

might claim out of my real estate. And in case she shall marry again

I hereby direct that she shall immediately upon the payment of the said

Sum of Twenty five thousand dollars by my Executor as aforesaid execute

and deliver unto them such release of Dower & right of Dower & third, which

she can as may be entitled to. of. in. to. or out of my messauages tenements

lands, hereditaments & premises of which I may die seized & possessed of

as in any manner entitled to, as the counsel of my Executors shall advise or

require - Item. In consideration that I have advanced my daughter

Elizabeth Clarkson, the wife of Thomas L Clarkson Junior, the sum of

Five thousand, three hundred & twenty one dollars & Seventeen cents more

than to my daughter Lavinia Clarkson. I do therefore give & bequeath

unto my said daughter Lavinia Clarkson the sum of Five thousand

three hundred & twenty one dollars & Seventeen cents to make her advance
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 498)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 498)

Description

[page 498]

[corresponds to page 455 of Will Records Vol. 2 1835-1850]


455

equal with that of my other daughter to be paid to her by my executrix &

executors as soon as convenient after my decease - Item I give and

bequeath unto each of my trustees or to such of them as shall aid in the

trusts hereby in them deposing the sum of Five Hundred dollars as

an acknowledgement of the care & trouble they may have in the

execution of such trusts - Item - And as for & concerning all the rest

residue & remainder of my Estate as well real as personal whereof

I have power to dispose, with their & every of their rights numbers

appurtenances, and as well after the Second Marriage or of the death

of my said wife which shall first happen, all my plate & all my

household furniture & my House & lot No 11, Harrison Street in the

City of New York and the said sum of Fifty thousand dollars, so

invested as aforesaid I give devise & bequeath unto my said sons

August L Clarkson, David L Clarkson & Levinus Clarkson their

heirs Executors Administrators & assigns forever as to three fifth part

thereof, to & for the only proper use & benefit of the said Augustus L Clarkson

David L Clarkson & Levinus Clarkson their heirs, executors, Administrators

& assigns forever. to be equally divided between them, share & share alike.

And as to the remaining two fifths part thereof upon the trust & to & for

the uses, interests & purposes hereinafter mentioned expressing & declaring as to

for & concerning the same that is to say, upon trust to put & place

the two respective shares & portions of one fifth part in & to the said resid-

uary Estate & premises at interest in their own name or names, but desig-

=nating themselves as Trustees of my said daughters respectively either

in one entire Sum or in parcels upon real security, or invest the same

purchase of public Stocks of the United States or of the State of New York

in the Stock or Stocks of Banking or other incorporated Companies or in the

purchase of Real Estate at their discretion and the same to call in &

place out again as aforesaid as often as they shall think fit, and interest

to pay the interest, dividends & proceeds arising from the said two respect-

=ive Shares & portions from time to time as the same shall be received

to my said daughters Elizabeth Clarkson the wife of Thomas S

Clarkson Junior and Lavinia Clarkson respectively for & during

the term of their natural lives respectively, and upon the decease of

either of my said daughters, leaving issue her suing then upon trust

to assign, transfer & pay over the share of one equal undivided fifth part

of my said residuary Estate & premises which such deceased daughter

would leave heirs entitled to if she had been living, unto the issue of

such deceased daughter at such time & in such manner as they my
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 499)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 499)

Description

[page 499]

[corresponds to page 456 of Will Records Vol. 2 1835-1850]


456

Said Trustees or Trustee for the time being, in their discretion may think

proper and in the case of the death of either of my daughters without

leaving issue her Surviving then to assign transfer & pay over the share

or portion of one equal undivided fifth part of my said residuary Estate

& premises which said deceased child would have been entitled to if she

had been living unto my then surviving children & to the issue of such of

them as shall then be deceased leaving issue, equally to be divided between

them in such manner that each of my then surviving children shall have

an equal share and the issue of such deceased child shall have a share

equal to the share of such each Surviving child. Providing always & I do

hereby declare, that in case I have already advanced or paid or shall

hereinafter advance or pay to any of my children either Sons or daughters any

Sum or Sums of money for his or their benefit as advancement in the world

or otherwise and shall signify the sum in writing under my hand in any

Book of Accounts and as already appears in My Ledger "C" as follows

changed to

Folio 137. Augustus Levinus Clarkson received in cash $10,108.16

Rec'd in Potsdam Estate 9,891.84
__________

$20,000.00


Folio 136 David L Clarkson received in Cash 10,110.88

Rec'd in Potsdam Estate 9,889.12
__________

$20,000.00


Folio 138. Levinus Clarkson received in cash 11,449.67

Rec'd in POtsdam Estate 8,550.33
__________

$20,000.00

Folio 147 Elizabeth Clarkson recd in cash 2,800.00

Rec'd in Potsdam Estate 9,021.17
__________

$11,821.17


Folio 145. Lavinia Clarkson recd in cash $6,500.00

that if any such sum or sums shall be equal to the share or shares of

such child or children respectively of & in the said residuary Estates or

premises by me hereby devised & bequeathed for their respective benefits such

sum or sums so paid or advanced shall in that case be accounting in full

satisfaction of the share or shares of such child or children respectively in the

said residuary Estate & premises, but if such advance sum or sums shall

be less than the share or shares of such child or children respectively of & in

the said residuary Estates & premises, then such sum or sums shall be

accounted as part only of the share or shares of such child or children

therein, and in that case such child or children shall not receive or be
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 500)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 500)

Description

[page 500]

[corresponds to page 457 of Will Records Vol. 2 1835-1850]


457

entitled to any Share or interest of or in Such part of the said Estate

or premises which shall have been paid or advanced to him, her as their

for the purposes aforesaid until the other mothers of such child or children

shall have received So much of the said Estate & premises as shall make

his, her or their share or shares thereof equal to what shall have been so

paid or advanced to or for the benefit, advantage or preferment of such

child or children respectively, to the end that all my children shall

or may share & share alike in my Estate & premises - And my will

further is that for the purpose of enabling my said Trustees or the

Survivor or Survivors of them, as the heirs Executors, Administrators

or assigns of such survivors to carry unto effect I do hereby order and

direct & fully empower them & my Executor & Excutors herein after

named & the survivor & Survivors of them, whenever they shall deem

it expedient So to do, to Sell & convey my real Estate in fee Simple, and

at then his or her discretion to Sell the whole together or in parcels

& at one time or at different periods, and such sales to be either at

public Auction or private contract and at such price or prices as

to the said Trustees or Trustee for the time being shall appear proper

and I do hereby order & direct that when & soon as either of my

said Trustees shall die or refuse to act or be desirous of being

discharged from the execution of the said trusts or any of them that

then it shall be lawful for the Surviving of other Trustee or Trustees

for the time being, by any deed or writings under his or their hand

& Seal or hands or Seals, attested by two or more credible witnesses

I nominate any other person or persons to be a Trustee or Trustees

for the purposes herein mentioned as any of them in the Item of such

Trustee or Trustees so dying or refusing to act, or being reasons of being

discharged as aforesaid, and so from time to time & as often as the

present or any succeeding Trustees shall be so reduced as aforesaid

to the end that the same trustees may not go or descend to an heir

Executor or Administrator - And my will further is that it shall

& may be lawful to & for my said Trustees & the survivor & survivors

of them to reimburse and satisfy themselves and every of them by

wit & out of the said trust invoices all such costs, charges, damages

& expenses whatsoever, which they or either of them shall or may sustain

in an expense or be in any ways put into for or by reason or means of

the trusts hereby in them reposing or anything relating thereto And that

they or either of them shall not be answerable or accountable for

any more names there shall actually come to their hands
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 501)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 501)

Description

[page 501]

[corresponds to page 458 of Will Records Vol. 2 1835-1850]


458

respectively or for any involuntary loss or misfortune which shall

as may happen to the said trust monies by reason of any bad or

insufficient security or securities wherein the same or any part thereof

shall be placed out at interest as aforesaid vis. shall the one of them

be answerable or accountable for the acts, receipts, neglects, defaults

misapplication or non appreciation of the other or either of them, but each

& every of them only for his & their own respective wilful acts receipts

neglects & defaults -- Lastly, I do hereby nominate, constitute &

appoint my said wife Ann Mary. Executrix, and my said sons, Augustus

L Clarkson, David L Clarkson & Levinus Clarkson Executors of this

my will and hereby revoke all former & other wills by me at any time

heretofore made -- In witness whereof, I, the said Levinus Clarkson

have hereunto set my hand & Seal this twenty fourth day of June

in the year of our Lord One thousand Eight hundred & thirty nine

Levinus clarkson {seal}

Signed Sealed published & declared by the said Levinus Clarkson the

testator as is his last will & testament in the presence of us, who at

his request & in his presence & in the presence of each other have subscribed

our names as witnesses thereto

Horace Allen, of Potsdam, St. Lawrence Co.

Benjamin G. Baldwin of Potsdam St Lawrence Co N.Y.


Will of Reuben Lamb, decd.

Pleas held at the Court House in the town of Delaware at a special

term of the Court of Common Please held for said County on the Seventy

day of August A.D. one thousand eight hundred and fifty before the

Honorable Almon Stark, Caleb Howard and Frederick Avery Associate

Judges of said Court.

Be it remembered that at the said term the will of Reuben Lamb decd

was produced & proved as follows, to wit.

"Know all men by these present that I Reuben Lamb of Delaware

Delaware County and State of Ohio, being of sound and disposing mind

memory and understanding do make, publish and declare this to be my

last will and testament hereby revoking and making null and void all

former wills testaments, and writings in nature of last wills & testaments

by me heretofore made

lst It is my will that my funeral charges and just debts be paid

2nd I give and bequeath to my beloved wife Harriet Lamb so much
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 502)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 502)

Description

[page 502]

[corresponds to page 459 of Will Records Vol. 2 1835-1850]


459

property out of my Estate as will make her a comfortable and

ample living during her natural life, not to exceed one third of my

said Estate, the amount necessarily required for said comfortable &

ample living to be settled and agreed upon by her and my Executors

3rd I give and bequeath the residue of my Estate both real and

personal, after the payment of my funeral charges, all just debts sup-

=port of my beloved wife as aforesaid, and necessary expenses in settling

my said Estate in executing this my last will and testament to

my children as follows, to wit: to my sons Henry Lamb, Reuben A

Lamb, Alvin Lamb and William S Lamb each four equal

twenty two parts of said residue of my estate, And to my daughters

Mary Campbell and Cynthia S Mills, each three equal

Twenty two parts of my said residue of estate: that is, I mean that

each of my above named sons shall receive four dollars as often as

my above named daughters each receive three dollars and in that pro-

=portion of my ^said estate, having Special regard to gifts or donations already

named and charged to them individually in a small book for that

express purpose, to which reference is hereby made, and said respective

amounts as charged aforesaid made a part of my said estate hereby

bequeathed. 4th I give and bequeath to Charles R Lamb Forty

one dollars Sixty two/2 cents already paid to him per his receipt

on file bearing date November 8 1828 - 5th I give and bequeath

to the Sister of Charles R Lamb, Rebecca Lamb, five dollars

she calling upon my Executors for the same. And 6th I do hereby

nominate, appoint and constitute my sons Henry Lamb and

Reuben A Lamb my sole Executors of this my last will and testament

In testimony whereof I Reuben Lamb have hereunto subscribed

my name and affixed in Seal, this tenth day of November in

the year of our Lord Eighteen hundred & forty nine

Reuben Lamb {Seal}

Signed Sealed and declared by said Reuben Lamb to be his last

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

his presence, have subscribed our names as witnesses hereto in

the presence of each other. James Eaton, Chas. P Wetmore, John

Lewis

The State of Ohio Delaware County Ss Personally appeared

Court of Common pleas Special Term August 9th 1850

Personally appeared in open Court James Eaton - Charles P

Wetmore & John Lewis who being duly sworn depose and say

that the paper before them purporting to be the last Will and
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 503)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 503)

Description

[page 503]

[corresponds to page 460 of Will Records Vol. 2 1835-1850]


460

testament of Reuben Lamb now deceased was by the said Reuben

Lamb acknowledged published and declared to be his last will

and testament in the presence of these deponents - that the said

deceased was of lawful age, that he was of sound and disposing mind

and memory and under no restraint as they verily believe, that they

subscribed the same as witnesses in the presence and at the request of the

testator and in the presence of each other " James Eaton Chas

P Wetmore, John Lewis -

Sworn to and subscribed in open Court this Seventh day of August

AD 1850 - Geo W Stark Clerk
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 504)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 504)

Description

[page 504]

[corresponds to page 461 of Will Records Vol. 2 1835-1850]

461

Will of John Williams Decd

____________________________

Pleas held at the Court House in Delaware at a special term of

the Court of Common pleas of said County before the Honorable

Almon Stark, Caleb Howard and Frederick Avery. Associate

Judges of said Court on the second day of September AD One

Thousand Eight hundred and fifty. to wit

This day the last will and testament of John Williams

deceased was produced in open court and proven by the

testimony of one of the Subscribing witnesses thereto John Cun-

=ningham as reduced to writing and it appearing that the

other witness George R Cunningham was unable to attend

a Commission was ordered to be issued to John Cunningham

to take the deposition of the Said George R Cunningham as

to the execution of said last Will and testament, which

commission was issued and returned by said Cunningham and

the same being examined was found in all respects legal and

proper. It is ordered that letters executory issue to John Cunning

-ham the Executor in the Will named upon his entering into

bond in the Sum of Six hundred dollars with John

Downing and Samuel Downing as Security - And it is

further ordered that William Williams Henry Willey and

Samuel Downing appraise the personal property of said Estate

The following is a copy of said Will

In the name of the benevolent Father of all

I, John Williams of the County of Delaware and State of Ohio

do make and publish this my last Will and testament,

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

farm on which I now reside, situate in the County of Delaware

and in the State of Ohio, containing about twenty eight acres during

her natural life. At the death of my said wife, the real estate

aforesaid I give and devise to my son Thomas Williams,

Item 2nd It is my will that after one year provision is set off

for my said wife the balance of my personal, the balance of my

personal property be sold to pay all my just debts and expenses

and the balance to be divided equally between all my children if

called for within one year after my decease

Item 3rd I hereby do appoint John Cunningham Executor of this

my last will and testament - In testimony whereof I have

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 505)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 505)

Description

[page 505]

[corresponds to unlabeled page 462 of Will Records Vol. 2 1835-1850]


hereunto set my hand and Seal this 5th 1850

John Williams

Signed and acknowledged by John Williams as his last will and

testament in our presence and signed by us in his presence

John Cunningham

George R Cunningham

The commission and the return thereon is as follows, to wit,

The State of Ohio Delaware County Ss

To John Cunningham of said County Greeting,

Know you that in confidence of your prudence and fidelity we have

appointed you and by these present do give to you full power & authority

to examine and take the deposition of George R Cunningham one of the

Subscribing Witnesses to the last will and testament of John Williams

deceased, hereto annexed late of said County. And therefore we command

you that on a certain time and place to be appointed by you you cause

the said George R Cunningham to be brought before you, and then and

there examine him on his corporeal oath or affirmation first taken before

you, touching the due execution of the said Will of said John Williams

deceased and that you reduce such examination to writing and return

the same together with this writ and the said will of the said John

Williams annexed closed up under your Seal unto our said Court with

all convenient speed

{Seal} Witness George W Stark Clerk of said Court this 2nd day of

September AD 1850 Geo W Stark Clerk

State of Ohio Delaware County Ss Personally appeared before

me the Subscriber George R Cunningham who was by me duly Sworn

to testify the truth, the whole truth and nothing but the truth, deposit,

and Saith, that the last will and testament of John Williams deceased

was by the said deceased Signed Sealed published and acknowledged

and declared to be his last will and testament in the presence of

the deponent - that said deceased was of lawful age, that he was of

Sound mind and memory and under no restraint as affiant verily

believes, that he subscribed the same as witness with John Cunningham

the other Subscribing Witness in the presence of and at the request of the

testator, in the presence of each other " George R Cunningham

Sworn to and subscribed before me this 2nd day of September AD 1850

John Cunningham Commissioner
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 506)

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 506)

Description

[page 506]

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Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 507)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 507)

Description

[page 507]


[corresponds to red page]
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 508)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 508)

Description

[page 508]

[corresponds to inside back cover]
Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 509)

Title

Delaware County Ohio Will Records Vol. 2 1835-1850 (p. 509)

Description

[page 509]

[corresponds to back cover]

Dublin Core

Title

Delaware County Ohio Will Records Vol. 2 1835-1850

Subject

Delaware County--Will Records--Ohio--1835-1850

Description

Delaware County Will Records Vol. 2 1835-1850. 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, 1835-1850

Date

1835-1850

Contributor

President: Joseph R. Swan; Delaware County Probate Judge: William S. Drake; Delaware County Probate Judge: Hosea Williams; Delaware County Probate Judge: Ezra Grisold, Esq. of the Court of Common Pleas; Clerk of Court: T. Reynolds; Clerk of Court: W.D. Heim; Clerk of Court: George W. Stark

Rights

http://rightsstatements.org/vocab/NoC-US/1.0/

Format

Book

Language

English

Type

Still Image
Text

Identifier

92961066

Citation

Decedents of Delaware County, Ohio, 1835-1850, “Delaware County Ohio Will Records Vol. 2 1835-1850,” Delaware County Memory, accessed December 25, 2024, http://66.213.124.233/items/show/68.

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