Delaware County Ohio Will Records Vol. 3 1850-1859
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 1)
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Will Record 3 Delaware County
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Will Record
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Delaware County
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Will Record
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Delaware County
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 2)
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Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 3)
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Record of Wills
3 1850-59
Ackley Geo. B. -Will of- 70.
Adams Penney " " 234.
Adams Eoy " " 322
Alfred Eliza " " 382
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Record of Wills
3 1850-59
Ackley Geo. B. -Will of- 70.
Adams Penney " " 234.
Adams Eoy " " 322
Alfred Eliza " " 382
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 4)
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Bury John dec'd Will 25.
Brown John " 38.
Brownmiller Frederick " 47
Brown Robert " 74
Brown Robert " 146
Beedle William " 202-
Blount Samuel " 201
Bramin Michael " 232 Case No 476 " 240
Buck Isreal E " 251
Bierce Winslow " 290
Brownmiller Bernard " 306
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Bury John dec'd Will 25.
Brown John " 38.
Brownmiller Frederick " 47
Brown Robert " 74
Brown Robert " 146
Beedle William " 202-
Blount Samuel " 201
Bramin Michael " 232 Case No 476 " 240
Buck Isreal E " 251
Bierce Winslow " 290
Brownmiller Bernard " 306
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 5)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 6)
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Curren John decd Will Page 21
Cockrell Edward " " 27.
Coulter Parthenia " " 29.
Carpenter Robert " " 34
Cornelle Eliakim " " 119.
Crawford Thos " " 136.
Case Watson " " 142
Cryder George S. " " 206
Coleman Daniel " " 218
Canada John " " 176.
Cole Mereen D. " " 227.
Closson Wesley designation of Heir 263.
Carpenter Benjamin 273
Cryder Leah dec Will " 358
Campbell Duncan decd " 403
Canady, John's & Will Sr " 176
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Curren John decd Will Page 21
Cockrell Edward " " 27.
Coulter Parthenia " " 29.
Carpenter Robert " " 34
Cornelle Eliakim " " 119.
Crawford Thos " " 136.
Case Watson " " 142
Cryder George S. " " 206
Coleman Daniel " " 218
Canada John " " 176.
Cole Mereen D. " " 227.
Closson Wesley designation of Heir 263.
Carpenter Benjamin 273
Cryder Leah dec Will " 358
Campbell Duncan decd " 403
Canady, John's & Will Sr " 176
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 7)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 8)
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Dulin Lewis dec 30.
Dixons Abel " 115.
Drake Jacob " 216
Dixon Philemon " 249
Dopson Electa " 255
Dildine Ralph " 258
Depp Lucy " 371 Case No 761
Dunlap John F. " 378
Depp Abram " 387
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Dulin Lewis dec 30.
Dixons Abel " 115.
Drake Jacob " 216
Dixon Philemon " 249
Dopson Electa " 255
Dildine Ralph " 258
Depp Lucy " 371 Case No 761
Dunlap John F. " 378
Depp Abram " 387
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 9)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 10)
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Evans Evan decd Will 22
Ekam Peter de~ Will 209
Evans Angeline de~ Will 208
Edmundson Elizabeth ~ ~ 157
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Evans Evan decd Will 22
Ekam Peter de~ Will 209
Evans Angeline de~ Will 208
Edmundson Elizabeth ~ ~ 157
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 11)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 12)
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Ferson James - Will of- 117.
Freese, John " " 122.
Fleming James " " 362 Case No 740
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Ferson James - Will of- 117.
Freese, John " " 122.
Fleming James " " 362 Case No 740
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 13)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 14)
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Grove Francis Will - 63
Ginn John " 139.
Gregg William decd " 360.
Gaylord Benjm C. decd Will page 384
Gregory Nathaniel " " " 414
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Grove Francis Will - 63
Ginn John " 139.
Gregg William decd " 360.
Gaylord Benjm C. decd Will page 384
Gregory Nathaniel " " " 414
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 15)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 16)
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Heminger Andrew decd 4
Howard Jeremiah decd 72
Hotchkiss Lyman " 133. Case No 231
Hughes Evan ~ 168
Hull Benjamin ~ 246
Hess Mary M " 297
Harrison Aaron R " 299
Hill Orison " 307
Hurd John " 314
Harder Peter Will of 380 Case No 791
Hennis Richard " " 419
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Heminger Andrew decd 4
Howard Jeremiah decd 72
Hotchkiss Lyman " 133. Case No 231
Hughes Evan ~ 168
Hull Benjamin ~ 246
Hess Mary M " 297
Harrison Aaron R " 299
Hill Orison " 307
Hurd John " 314
Harder Peter Will of 380 Case No 791
Hennis Richard " " 419
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 17)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 18)
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Jones Samuel decd Will pg 49
Jamison Esther " " 110. Case No - 139
Johnson William " " " 124
Jones James ~ ~ ~ 187
Jones Mary " " " 296
James Thomas " " " 309
Jones John [Brynt] " " " 370
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Jones Samuel decd Will pg 49
Jamison Esther " " 110. Case No - 139
Johnson William " " " 124
Jones James ~ ~ ~ 187
Jones Mary " " " 296
James Thomas " " " 309
Jones John [Brynt] " " " 370
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 19)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 20)
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Klinker Joseph decd Will Page 40.
Kelly Henry " " " 66
Kent John " " " 153.
Kyle Hugh " " " 219
Klee Jacob " " " 268
King John " " " 356
Kyle David " " " 385 Case No 804
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Klinker Joseph decd Will Page 40.
Kelly Henry " " " 66
Kent John " " " 153.
Kyle Hugh " " " 219
Klee Jacob " " " 268
King John " " " 356
Kyle David " " " 385 Case No 804
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 21)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 22)
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Leak John Will of 56
Landon Saml 68
John Lenox Will 166
Livingston Margaret 205
Lewis Harlow 211
Luke Thomas ~ 163
Lennox John ~ 166.
Lawrence J.B. ~ 189 Case No 179
Longshore Aaron ~ 229 " " 449
Lane Margaret ~ 253
Ludy Daniel " 292
Laune Rufus ~ 279
Lynn Joseph " " 397
Lawrence Joseph ~ ~ 412
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Leak John Will of 56
Landon Saml 68
John Lenox Will 166
Livingston Margaret 205
Lewis Harlow 211
Luke Thomas ~ 163
Lennox John ~ 166.
Lawrence J.B. ~ 189 Case No 179
Longshore Aaron ~ 229 " " 449
Lane Margaret ~ 253
Ludy Daniel " 292
Laune Rufus ~ 279
Lynn Joseph " " 397
Lawrence Joseph ~ ~ 412
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 23)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 24)
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Mead Lucy Ann decd 2
Meredith Levi " 6
Martin Benjamin 112 )
Indenture between Nehemiah Martin )
and Elijah Martin (recorded on page 130) )
Mendenhall Edwd. S. 131.
McKimmie J. 144.
Mangans Daniel 147.
Meeker Benj to S. D. Flagg (Transfer) 165
Mason Jessi decd Will of 222.
Minter Elizabeth decd ~ ~ 257
Morris Margaret ~ ~ ~ 277
Morton Thomas " " 298
Mason Dorsey " " 304
McCloud Thomas " " 320
Daniel Moore " " 376
More. Danl D.L. decd " " 407
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Mead Lucy Ann decd 2
Meredith Levi " 6
Martin Benjamin 112 )
Indenture between Nehemiah Martin )
and Elijah Martin (recorded on page 130) )
Mendenhall Edwd. S. 131.
McKimmie J. 144.
Mangans Daniel 147.
Meeker Benj to S. D. Flagg (Transfer) 165
Mason Jessi decd Will of 222.
Minter Elizabeth decd ~ ~ 257
Morris Margaret ~ ~ ~ 277
Morton Thomas " " 298
Mason Dorsey " " 304
McCloud Thomas " " 320
Daniel Moore " " 376
More. Danl D.L. decd " " 407
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 25)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 26)
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Newhouse Anthony decd Will 159
Neilson John 238 Case No 505
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Newhouse Anthony decd Will 159
Neilson John 238 Case No 505
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 27)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 28)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 29)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 30)
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Pentony Michael Will 33.
Pierce Mary's Will 54 Case No 37
Payne Eber C. Will of 62
Perry Robert decd " " 108.
Pettet Bartholomew ~ ~ 151
Pierce John G ~ ~ 275
Paull James " " 288
Penry Wm. R. " 391
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Pentony Michael Will 33.
Pierce Mary's Will 54 Case No 37
Payne Eber C. Will of 62
Perry Robert decd " " 108.
Pettet Bartholomew ~ ~ 151
Pierce John G ~ ~ 275
Paull James " " 288
Penry Wm. R. " 391
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 31)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 32)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 33)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 34)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 35)
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Rosecrans Jacob C Will of 53
Rogers Elizabeth Will of 242.
Rinehart Oril L decd 265.
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Rosecrans Jacob C Will of 53
Rogers Elizabeth Will of 242.
Rinehart Oril L decd 265.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 36)
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Seeydam Mary decd 1
Sherman John " 11
Slentz Mary " 31
Shaw Augustus M. 149
Sweetser Delight dec Will. 213 Case No. 405
Smith Jacob ~ 230
Stanberry Edward ~ 224
Slack Ralph ~ 236.
Seigfried Samuel decd ~ 244
Sharp Joseph " ~ 250
Shryer George ~ ~ 259
Sackett Guy ~ ~ 267
Stone William dec'd " 367
Smith Alexander decd " 373
Smith Phebe decd will of 399.
Smith Gilbert " " 405
Stein Solomon " " 418
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Seeydam Mary decd 1
Sherman John " 11
Slentz Mary " 31
Shaw Augustus M. 149
Sweetser Delight dec Will. 213 Case No. 405
Smith Jacob ~ 230
Stanberry Edward ~ 224
Slack Ralph ~ 236.
Seigfried Samuel decd ~ 244
Sharp Joseph " ~ 250
Shryer George ~ ~ 259
Sackett Guy ~ ~ 267
Stone William dec'd " 367
Smith Alexander decd " 373
Smith Phebe decd will of 399.
Smith Gilbert " " 405
Stein Solomon " " 418
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 37)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 38)
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Taylor James decd 76
Tod William H. decd 281 Case No 623
Twiggs Francis decd Matter of Last Will &c Page 324
[corresponds to back of page S]
Taylor James decd 76
Tod William H. decd 281 Case No 623
Twiggs Francis decd Matter of Last Will &c Page 324
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 39)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 40)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 41)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 42)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 43)
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Van Horne Henry decd Will 263
Vining Elias " " 321
Van Houten James " " 395
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Van Horne Henry decd Will 263
Vining Elias " " 321
Van Houten James " " 395
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 44)
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Warrington William decd Will 36
Williams John " " 43.
Williams Lewis " " 51 - 51
Wells Nathaniel " " 126. -
Wells Alexander ' ' 128. -
Warden John W. ~ ~ 171
Wells Rhoda " " 317
Weaver Samuel S " " 369
Williams James ' " 393
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Warrington William decd Will 36
Williams John " " 43.
Williams Lewis " " 51 - 51
Wells Nathaniel " " 126. -
Wells Alexander ' ' 128. -
Warden John W. ~ ~ 171
Wells Rhoda " " 317
Weaver Samuel S " " 369
Williams James ' " 393
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 45)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 46)
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Young Andrew decd Will page 42.
Yeates John " " " 293
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Young Andrew decd Will page 42.
Yeates John " " " 293
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 47)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 48)
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Zeigler Frederick decd Will 179.
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Zeigler Frederick decd Will 179.
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 49)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 50)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 51)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 52)
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Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 53)
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Mary Suydam will 1
Court of Common Pleas held at the Court House in Delaware on the 15th day
of October AD 1850 before the Honorable O Bowen president Judge & Almon
Stark Caleb Howard & Frederick Avery 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 Mary Suydam decd was
produced in open Court and proved by the testimony of the subscribing witnesses
thereto as reduced to witness writing. And it appearing to the Court that said testatrix
was at the time of executing the same was of sound and disposing mind memory
and understanding and acting under no restraint whatever. It is ordered that said
Will be admitted to probate and placed upon record.
In the Name of God Amen I Mary Suydam of lawful age of the
County of Delaware State of Ohio being of advanced age and considering
the uncertainty of this mortal life the certainty of death but the uncertain=
=ty of the time thereof and being of sound and disposing mind and mem=
=ory do make and publish this my last Will and Testament to wit -
Item 1st I will and desire that after my decease my body be decently buried
and that my funeral expenses and my just and legal debts be fully paid &c
Item 2nd I will and devise after the payment of my funeral expenses
and debts as aforesaid all the residue and remainder of my property
both real personal and mixed to my brother and sister Anthony. L.
Griffiths and his wife Aletta Griffiths during their natural lifetime for
their own use benefit and behoof and at their death all the residue and
remainder that may be left I will and devise to Suydam Sloan and
Samuel Sloan to be equally divided between them share and share alike
and to their heirs and assigns forever.
Item 3rd I do hereby nominate and appoint said Anthony. L. Griffiths
and Aletta Griffiths my sole Executor and Executrix to execute and
carry into effect this my last Will and Testament hereby revoking
and disavowing all other wills by me made and relying and declar=
=ing and publishing this as my last and only Will and Testament.
In witness whereof I have hereunto set my hand and seal this 10th day
of August AD one thousand eight hundred and forty nine.
Signed sealed and acknowledged
by said Mary Suydam as her Mary. Suydam. {seal}
last will and testament in
our presence and signed by us
in her pleasure and at her request.
George A. Jackson
J.S. Moses
The State of Ohio Delaware County Ss
We George A Jackson and J.S. Moses being duly sworn in open Court this
15th day of OCtober AD 1850 depose and say that we were present at
the execution of the last will and testament of Mary Suydam hereunto
annexed; that we saw the said testator subscribe said will and heard
[corresponds to page 1 of Will Book 3]
Mary Suydam will 1
Court of Common Pleas held at the Court House in Delaware on the 15th day
of October AD 1850 before the Honorable O Bowen president Judge & Almon
Stark Caleb Howard & Frederick Avery 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 Mary Suydam decd was
produced in open Court and proved by the testimony of the subscribing witnesses
thereto as reduced to witness writing. And it appearing to the Court that said testatrix
was at the time of executing the same was of sound and disposing mind memory
and understanding and acting under no restraint whatever. It is ordered that said
Will be admitted to probate and placed upon record.
In the Name of God Amen I Mary Suydam of lawful age of the
County of Delaware State of Ohio being of advanced age and considering
the uncertainty of this mortal life the certainty of death but the uncertain=
=ty of the time thereof and being of sound and disposing mind and mem=
=ory do make and publish this my last Will and Testament to wit -
Item 1st I will and desire that after my decease my body be decently buried
and that my funeral expenses and my just and legal debts be fully paid &c
Item 2nd I will and devise after the payment of my funeral expenses
and debts as aforesaid all the residue and remainder of my property
both real personal and mixed to my brother and sister Anthony. L.
Griffiths and his wife Aletta Griffiths during their natural lifetime for
their own use benefit and behoof and at their death all the residue and
remainder that may be left I will and devise to Suydam Sloan and
Samuel Sloan to be equally divided between them share and share alike
and to their heirs and assigns forever.
Item 3rd I do hereby nominate and appoint said Anthony. L. Griffiths
and Aletta Griffiths my sole Executor and Executrix to execute and
carry into effect this my last Will and Testament hereby revoking
and disavowing all other wills by me made and relying and declar=
=ing and publishing this as my last and only Will and Testament.
In witness whereof I have hereunto set my hand and seal this 10th day
of August AD one thousand eight hundred and forty nine.
Signed sealed and acknowledged
by said Mary Suydam as her Mary. Suydam. {seal}
last will and testament in
our presence and signed by us
in her pleasure and at her request.
George A. Jackson
J.S. Moses
The State of Ohio Delaware County Ss
We George A Jackson and J.S. Moses being duly sworn in open Court this
15th day of OCtober AD 1850 depose and say that we were present at
the execution of the last will and testament of Mary Suydam hereunto
annexed; that we saw the said testator subscribe said will and heard
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 54)
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her publish and declare the same to be her last will and testament and that
the same testator at the time of executing the same was of full age and of
sound mind and memory and not under any restraint; and that we signed
the same as witnesses at her request and in her presence and in the presence of
each other. Witness our hands and seals the day and year aforesaid.
George. A. Jackson {seal}
J.S. Moses {seal}
Sworn to & subscribed in
Open Court
G.W. Stark Clerk
Lucy Ann Mead decd will
Court of Common Pleas held at the Court House in Delaware on the
15th day of October AD 1850 before the Honorable O. Bowen president Judge
and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Lucy A Mead
deceased was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing and it appearing to the Court
that said testator was at the time of executing the same of sound and disposing
mind memory and understanding and acting under no restraint whatever. It is
ordered that said will be recorded and that letters executory be issued to David
Gregory one of the Executors in said Will named having declined acting Stephen
R Bennett the other Executor in said Will named having declined acting as per
file upon his entering into bonds in the sum of $6000.00 with Minor. W. Miller
William. G Shelton amd George. T. Sherman as security. And it is further
ordered that Joseph. Prince John. Frost David T. Sherman appraise the
personal property of said Estate.
In the name of the benevolent Father of all I Lucy Ann Mead
of Berkshire in the County of Delaware and State of Ohio do make and publish
this my last will and Testament as follows to wit I give and bequeath to my
niece Lucy Abbot two hundred dollars; to my nephew David Tracy and
Asahel Tracy each two hundred dollars; to my sister Polly Tracy one hundred
dollars and if the said Polly Tracy shall not survive me I direct that
the said one hundred dollars be equally divided amongst her daughters
I give and bequeath to my nephews Sanford. S. Bennett and Steven R
Bennett each one hundred dollars; to my neice P. Pamelia. Gregory five
shares of stock in the Franklin Branch of the State Bank of Ohio at Co=
=lumbus Ohio. Said shares of stock were assigned to me by S.R. Bennett
I give and bequeath to my nephew Charles Royce five hundred dol.
.lars including the sum of a note of hand that I hold against him for one
[corresponds to page 2 of Will Book 3]
2
her publish and declare the same to be her last will and testament and that
the same testator at the time of executing the same was of full age and of
sound mind and memory and not under any restraint; and that we signed
the same as witnesses at her request and in her presence and in the presence of
each other. Witness our hands and seals the day and year aforesaid.
George. A. Jackson {seal}
J.S. Moses {seal}
Sworn to & subscribed in
Open Court
G.W. Stark Clerk
Lucy Ann Mead decd will
Court of Common Pleas held at the Court House in Delaware on the
15th day of October AD 1850 before the Honorable O. Bowen president Judge
and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Lucy A Mead
deceased was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing and it appearing to the Court
that said testator was at the time of executing the same of sound and disposing
mind memory and understanding and acting under no restraint whatever. It is
ordered that said will be recorded and that letters executory be issued to David
Gregory one of the Executors in said Will named having declined acting Stephen
R Bennett the other Executor in said Will named having declined acting as per
file upon his entering into bonds in the sum of $6000.00 with Minor. W. Miller
William. G Shelton amd George. T. Sherman as security. And it is further
ordered that Joseph. Prince John. Frost David T. Sherman appraise the
personal property of said Estate.
In the name of the benevolent Father of all I Lucy Ann Mead
of Berkshire in the County of Delaware and State of Ohio do make and publish
this my last will and Testament as follows to wit I give and bequeath to my
niece Lucy Abbot two hundred dollars; to my nephew David Tracy and
Asahel Tracy each two hundred dollars; to my sister Polly Tracy one hundred
dollars and if the said Polly Tracy shall not survive me I direct that
the said one hundred dollars be equally divided amongst her daughters
I give and bequeath to my nephews Sanford. S. Bennett and Steven R
Bennett each one hundred dollars; to my neice P. Pamelia. Gregory five
shares of stock in the Franklin Branch of the State Bank of Ohio at Co=
=lumbus Ohio. Said shares of stock were assigned to me by S.R. Bennett
I give and bequeath to my nephew Charles Royce five hundred dol.
.lars including the sum of a note of hand that I hold against him for one
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 55)
Description
[page 55]
[corresponds to page 3 of Will Book 3]
3
Lucy Ann Mead will
hundred dollars; I give and bequeath to Munson Gregory one hundred
dollars to be paid by a note of hand that I hold against him for one hundred
dollars; I give and bequeath to Platt Gregory one hundred dollars; to my
nephew Philander Patterson and John Patterson each one hundred dollars;
to Lucy Ann Royce daughter of Norton B Royce and to Mary Royce
daughter of Charles Royce each one feather bed one blue flowered coverlet
and one blue kersey blanket to my niece Helen S Gregory one set of deep
blue table crockery ware; to my neice Jane B. Gregory one set of silver
Teaspoons; to Sanford S. Bennet Stephen R Bennett P Pamelia Gregory
and John Patterson I bequeath all the remainder of my household
furniture and books to be divided equally amonst them - and finally after
the payment of all my just debts and after the payment of the above
named legacies and bequests the residue of my property I give and be=
=queath to the American Bible Society-
I hereby nominate and appoint Stephen R Bennett and David
Gregory Executors of this my last will and testament hereby authorizing
and empowering them to adjust release and discharge them [crossed out] in such
manner as they shall deem lawful and right the claim due to me. And
I hereby revoke all former wills by me made. In testimony whereof I
have hereunto set my hand and seal this eighteenth day of May
in the year one thousand eight hundred and fifty
Signed and acknowledged by
said Lucy Ann Mead Lucy Ann Mead {seal}
as her last will and testament
in our presence and signed
by us in her presence
G.T. Sherman
Joseph. Cooper
The State of Ohio Delaware County Ss.
Court of Common Pleas October term 1850 Personally appeared in
open Court George T. Sherman and Joseph Cooper who being duly sworn
depose and say that the paper before them purporting to be the last will
now decd was by the said Lucy Ann Mead
and Testament of Lucy Ann Mead 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 dis=
=posing mind and memory and under no restrainet as they verily believe;
that they subscribed the same as witnesses in the presence and at the re=
quest of the testatrix and in the presence of each other.
Sworn to and subscriber in open G.T. Sherman
Court this 15th day of Oct AD 1850 Joseph Cooper
GW Stark Clerk
[corresponds to page 3 of Will Book 3]
3
Lucy Ann Mead will
hundred dollars; I give and bequeath to Munson Gregory one hundred
dollars to be paid by a note of hand that I hold against him for one hundred
dollars; I give and bequeath to Platt Gregory one hundred dollars; to my
nephew Philander Patterson and John Patterson each one hundred dollars;
to Lucy Ann Royce daughter of Norton B Royce and to Mary Royce
daughter of Charles Royce each one feather bed one blue flowered coverlet
and one blue kersey blanket to my niece Helen S Gregory one set of deep
blue table crockery ware; to my neice Jane B. Gregory one set of silver
Teaspoons; to Sanford S. Bennet Stephen R Bennett P Pamelia Gregory
and John Patterson I bequeath all the remainder of my household
furniture and books to be divided equally amonst them - and finally after
the payment of all my just debts and after the payment of the above
named legacies and bequests the residue of my property I give and be=
=queath to the American Bible Society-
I hereby nominate and appoint Stephen R Bennett and David
Gregory Executors of this my last will and testament hereby authorizing
and empowering them to adjust release and discharge them [crossed out] in such
manner as they shall deem lawful and right the claim due to me. And
I hereby revoke all former wills by me made. In testimony whereof I
have hereunto set my hand and seal this eighteenth day of May
in the year one thousand eight hundred and fifty
Signed and acknowledged by
said Lucy Ann Mead Lucy Ann Mead {seal}
as her last will and testament
in our presence and signed
by us in her presence
G.T. Sherman
Joseph. Cooper
The State of Ohio Delaware County Ss.
Court of Common Pleas October term 1850 Personally appeared in
open Court George T. Sherman and Joseph Cooper who being duly sworn
depose and say that the paper before them purporting to be the last will
now decd was by the said Lucy Ann Mead
and Testament of Lucy Ann Mead 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 dis=
=posing mind and memory and under no restrainet as they verily believe;
that they subscribed the same as witnesses in the presence and at the re=
quest of the testatrix and in the presence of each other.
Sworn to and subscriber in open G.T. Sherman
Court this 15th day of Oct AD 1850 Joseph Cooper
GW Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 56)
Description
[page 56]
[corresponds to page 4 of Will Book 3]
4 Andrew Heminger will
Court of Common Pleas held at the Court House in Delaware on the 15th day
of October AD 1850 before the Honorable O Bowen president Judge and Almon
Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Andrew Hemminger decd
was produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing and it appearing to the COurt that
the said testator was at the time of executing the same of sound and dis=
=posing mind and memory and acting under no restraint whatever it was
approved and ordered to be recorded. It is ordered that letters executory be
issued to Henry. D. Davy one of the executors in said will named Solomon
Weaver the other executor in said will named having left the Country
upon his entering into bonds in the sum of Four Thousand dollars with
Ezra Davy and Samuel Dowell as security. And it is further ordered that
Oliver Stark George Stiffer and George Snider appraise the personal prop=
=erty of said Estate.
I Andrew Hemminger of the County of Delaware and State
of Ohio being in middling good health and of sound mind memory
and understanding thanks be to Almighty God for the same do make
ordain 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 beloved
wife Catharine Heminger my whole Estate consisting of the farm upon which
we now live containing about one hundred acres of land and known as lot
thirty five in the first section of the fifth Township and sixteenth range United
States Military lands survey in said County of Delaware and State of Ohio
together with all the personal property by me owned and kept thereon or else=
=where and all the rights credits moneys and effects of every name and nature
which properly belong to me at my decease for and during the whole period
of her natural life if she should so long remain after my decease unmarried.
After a sufficiency of my personal property should be disposed of to pay my
just debts which it is my will that my executors should pay out of
the first moneys that may come into their hands from the sale of property
for that purpose and after the decease of my said wife it is my will
that Catherine Sprague and Marah Weaver heirs of John Weaver deceased
if not had before then to have each of them a Cow and Sophia Weaver
an heir of the said John Weaver is to have two Cows and it is my will
that such portion of my personal property if any as may remain unexpended
be sold for money and the avails thereof be divided equally among such of
my heirs and the heirs of the aforesaid John Weaver deceased as may be then
living and such portion of my lands if any as may remain after the de=
=cease of my said wife unexpended it is my will that it may be sold upon
a credit of one year or more at the discretion of the surviving executors
according to the age necessity and condition of our heirs or such of them
as may then survive taking adequate securities such as is usual in such
[corresponds to page 4 of Will Book 3]
4 Andrew Heminger will
Court of Common Pleas held at the Court House in Delaware on the 15th day
of October AD 1850 before the Honorable O Bowen president Judge and Almon
Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Andrew Hemminger decd
was produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing and it appearing to the COurt that
the said testator was at the time of executing the same of sound and dis=
=posing mind and memory and acting under no restraint whatever it was
approved and ordered to be recorded. It is ordered that letters executory be
issued to Henry. D. Davy one of the executors in said will named Solomon
Weaver the other executor in said will named having left the Country
upon his entering into bonds in the sum of Four Thousand dollars with
Ezra Davy and Samuel Dowell as security. And it is further ordered that
Oliver Stark George Stiffer and George Snider appraise the personal prop=
=erty of said Estate.
I Andrew Hemminger of the County of Delaware and State
of Ohio being in middling good health and of sound mind memory
and understanding thanks be to Almighty God for the same do make
ordain 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 beloved
wife Catharine Heminger my whole Estate consisting of the farm upon which
we now live containing about one hundred acres of land and known as lot
thirty five in the first section of the fifth Township and sixteenth range United
States Military lands survey in said County of Delaware and State of Ohio
together with all the personal property by me owned and kept thereon or else=
=where and all the rights credits moneys and effects of every name and nature
which properly belong to me at my decease for and during the whole period
of her natural life if she should so long remain after my decease unmarried.
After a sufficiency of my personal property should be disposed of to pay my
just debts which it is my will that my executors should pay out of
the first moneys that may come into their hands from the sale of property
for that purpose and after the decease of my said wife it is my will
that Catherine Sprague and Marah Weaver heirs of John Weaver deceased
if not had before then to have each of them a Cow and Sophia Weaver
an heir of the said John Weaver is to have two Cows and it is my will
that such portion of my personal property if any as may remain unexpended
be sold for money and the avails thereof be divided equally among such of
my heirs and the heirs of the aforesaid John Weaver deceased as may be then
living and such portion of my lands if any as may remain after the de=
=cease of my said wife unexpended it is my will that it may be sold upon
a credit of one year or more at the discretion of the surviving executors
according to the age necessity and condition of our heirs or such of them
as may then survive taking adequate securities such as is usual in such
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 57)
Description
[page 57]
[corresponds to page 5 of Will Book 3]
Continued 5
cases and on the reipts receipts of the avails of said land to divide the
money equally among my said heirs and the heirs of the aforesaid Weaver deceased
which may then survive if they are of age and condition lawfully to receive
the same but if my said wife should survive all my said children it is
my will that she should have the whole of my estate unconditionally it is
my will that the said Sophia Weaver is to have no portion part of her portion
unless she should marry but to go to them that maintain her when old.
Thirdly If after my decease my said wife should again marry it is my will
that from that time if any of my said heirs or any of the heirs of the said John
Weaver deceased should then be living that my said wife should receive only such
portion of my said Estate which may then remain unexpended as she would be
entitled to by law had this will never been made and the residue to go
equally to my said heirs and the heirs of the said Weaver deceased as before
stated but if however my said wife should after such marriage survive all my
said children it is my will that she should then receive all my said estate
as before stated unconditionally - and lastly I here ordain constitute and
appoint Solomon Weaver and Henry. D. Davy to be the executors of this my
last Will and Testament revoking and annulling all former wills by me
made and satisfying and confirming this and no other to be my last Will and Tes=
=tament. In testimony whereof I have hereunto set my hand and seal this twenty
seventh day of July in the year of our lord one thousand eight hundred and
thirty seven
Andrew Heminger {seal]
The within will and testament was signed sealed and published by the
within named Andrew Heminger as and for his last will and testament
in presence of us who at his request have hereinto signed as witnesses to the
same
Ezra Davy
SamuEl Dowell
The State of Ohio Delaware County Ss.
Court of Common Pleas October term 1850 personally appeared in open
Court Ezra Davy and Samuel Dowell who being duly sworn depose and say
that the paper before them purporting to be the last Will and Testament
of Andrew Hemminger now deceased was by the said Andrew Hemminger
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 subscribed in open Ezra Davy
Court this 15th day of October Samuel Dowell
A D 1850
G.W. Stark Clerk
[corresponds to page 5 of Will Book 3]
Continued 5
cases and on the reipts receipts of the avails of said land to divide the
money equally among my said heirs and the heirs of the aforesaid Weaver deceased
which may then survive if they are of age and condition lawfully to receive
the same but if my said wife should survive all my said children it is
my will that she should have the whole of my estate unconditionally it is
my will that the said Sophia Weaver is to have no portion part of her portion
unless she should marry but to go to them that maintain her when old.
Thirdly If after my decease my said wife should again marry it is my will
that from that time if any of my said heirs or any of the heirs of the said John
Weaver deceased should then be living that my said wife should receive only such
portion of my said Estate which may then remain unexpended as she would be
entitled to by law had this will never been made and the residue to go
equally to my said heirs and the heirs of the said Weaver deceased as before
stated but if however my said wife should after such marriage survive all my
said children it is my will that she should then receive all my said estate
as before stated unconditionally - and lastly I here ordain constitute and
appoint Solomon Weaver and Henry. D. Davy to be the executors of this my
last Will and Testament revoking and annulling all former wills by me
made and satisfying and confirming this and no other to be my last Will and Tes=
=tament. In testimony whereof I have hereunto set my hand and seal this twenty
seventh day of July in the year of our lord one thousand eight hundred and
thirty seven
Andrew Heminger {seal]
The within will and testament was signed sealed and published by the
within named Andrew Heminger as and for his last will and testament
in presence of us who at his request have hereinto signed as witnesses to the
same
Ezra Davy
SamuEl Dowell
The State of Ohio Delaware County Ss.
Court of Common Pleas October term 1850 personally appeared in open
Court Ezra Davy and Samuel Dowell who being duly sworn depose and say
that the paper before them purporting to be the last Will and Testament
of Andrew Hemminger now deceased was by the said Andrew Hemminger
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 subscribed in open Ezra Davy
Court this 15th day of October Samuel Dowell
A D 1850
G.W. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 58)
Description
[page 58]
[corresponds to page 6 of Will Book 3]
6 Levi Meredith will
Special Term of Court held at the Court House in Delaware on the 9th
day of November AD 1850 befor the Honorable O Bowen president Judge
and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Levi Meredith deceased was
produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing and it appearing to the Court that
said testator was at the time of executing the same of sound and disposing
mind memory and understanding and acting under no restraint what,
=ever. It is ordered that said will be admitted to Probate and recorded.
And it appearing to the Court that John Watson at the October term
of the Court was appointed administration on said Estate. It is there=
=fore ordered that said John Watson be appointed administrator with will
annexed on his entering into bonds with George A Peck and James
Walker his securities in the sum of Fourteen hundred dollars and that
Cyrus Longshore Squire Wheaton and Crandle Wilcox as heretofore
appointed appraise the personal property of said Estate
Trenton Sep 11th 1850
I publish and ordain this to be my last will and Testament 1st I
will and bequeath unto Mary my beloved wife all my personal
property and real Estate for her own use and benefit as long as she
remains my widow and after that Solomon Walker is to have five
hundred dollars and the rest of the propery is to ^equally be divided between
my brothers and sisters. L. Meredith
We being expressly called to witness the above will and have examined
the Testator and believe him capable of doing the same.
Witnesses Azor Saunders
George Clark
The State of Ohio Delaware County Ss
Special term of Court of Common Pleas held November 9th 1850
personally appeared in open Court Azor Saunders and George Clark
who being duly sworn depose and say that the paper before them purporting
to be the last will and Testament of Levi Meredith now deceased.
Azor Saunders being sworn deposes and says in answer to the questions put
by Mr. Finch. He was acquainted with Levi Meredith for Nos of years
and was called by said Meredith to draw his will on the 11th of Sept
1850 found him quite sick unable to sit up asked Mr Meredith for
his form book Mr Meredith to him it was not at home he set down
to write the will Mr Meredith dictating. He dictated to him to give
and bequeath to his wife Mary all his personal and real estate whilst
she remained his widow. Then to Solomon Walker $500.00 there he stoped
dictating and the will was signed and witnessed by himself and
George Clark. Mr Clark then asked Mr. Meredith what should
be done with the remainder of his property Mr Meredith I think
[corresponds to page 6 of Will Book 3]
6 Levi Meredith will
Special Term of Court held at the Court House in Delaware on the 9th
day of November AD 1850 befor the Honorable O Bowen president Judge
and Almon Stark Caleb Howard and Frederick Avery Esqr his 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 and Testament of Levi Meredith deceased was
produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing and it appearing to the Court that
said testator was at the time of executing the same of sound and disposing
mind memory and understanding and acting under no restraint what,
=ever. It is ordered that said will be admitted to Probate and recorded.
And it appearing to the Court that John Watson at the October term
of the Court was appointed administration on said Estate. It is there=
=fore ordered that said John Watson be appointed administrator with will
annexed on his entering into bonds with George A Peck and James
Walker his securities in the sum of Fourteen hundred dollars and that
Cyrus Longshore Squire Wheaton and Crandle Wilcox as heretofore
appointed appraise the personal property of said Estate
Trenton Sep 11th 1850
I publish and ordain this to be my last will and Testament 1st I
will and bequeath unto Mary my beloved wife all my personal
property and real Estate for her own use and benefit as long as she
remains my widow and after that Solomon Walker is to have five
hundred dollars and the rest of the propery is to ^equally be divided between
my brothers and sisters. L. Meredith
We being expressly called to witness the above will and have examined
the Testator and believe him capable of doing the same.
Witnesses Azor Saunders
George Clark
The State of Ohio Delaware County Ss
Special term of Court of Common Pleas held November 9th 1850
personally appeared in open Court Azor Saunders and George Clark
who being duly sworn depose and say that the paper before them purporting
to be the last will and Testament of Levi Meredith now deceased.
Azor Saunders being sworn deposes and says in answer to the questions put
by Mr. Finch. He was acquainted with Levi Meredith for Nos of years
and was called by said Meredith to draw his will on the 11th of Sept
1850 found him quite sick unable to sit up asked Mr Meredith for
his form book Mr Meredith to him it was not at home he set down
to write the will Mr Meredith dictating. He dictated to him to give
and bequeath to his wife Mary all his personal and real estate whilst
she remained his widow. Then to Solomon Walker $500.00 there he stoped
dictating and the will was signed and witnessed by himself and
George Clark. Mr Clark then asked Mr. Meredith what should
be done with the remainder of his property Mr Meredith I think
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 59)
Description
[page 59]
[corresponds to page 7 of Will Book 3]
Continued 7
answered Oh! I forgot that I wish the remainder to be divided between
my brothers and sisters. The witness then wrote the will now offered for
Probate. Witness further says that Solomon Walker married the niece of
the witness (Saunders) wife. Mr Meredith dictated pretty much word for
word the will as first written I then copied substantially the first paper and
then added the clause disposing of the remainder of the property. After
it was written out I read it to him and asked him if that was his will
and testament he said it was and had been for years. He then set up in bed
with the assistance of Mr Clark and signed the will and witness and
Mr. Clark signed it as witnesses in the presence of the testator. Witness says
the testator was of full age and considered at the time that he was of sound
mind and capable of executing his will and that he did it freely and
of his own accord. Cross examined by the Mr. Sweetser -- I had not seen
Mr Meredith since his sickness until called on to write the will. I think
I was in the house about three hours previous to writing the will and
in Mr Merediths presence about an hour. The only suggestion made to Mr
Meredith with regard to the will was the one made by Mr Clark I did not
see him after drawing the will for about a week I then saw him two
or three times previous to his death I there discovered that he was
a little fleighty at times, at any time by calling his attention by asking
him questions he would answer rationally
Azor Saunders
George Clark examined after being sworn. Have been acquainted with testator
for between 30 and 40 years is connected with testator by marriage. Mr Merediths
mother and his stepmother are sisters Lived about one half mile from Merediths
house. I saw Meredith brother of L Meredith the testator was married to a sister
of witness. And that John Clark brother of witness married a half sister of
testator --- Saw testator for the first week of his (the testators) illness witness
was with testator some days twice a day and most of the time once a day.
Testator was sick and confined to his bed twenty seven days and from two or three
days before the will was made witness was at the house of testator every day
and might for the purpose of seeing that he had the necessary attention
Witness further says that John Watson went for Mr Saunders at the request
of witness to draw up the will in proper form. Testator requesting Mr Saunders
being sent for at the suggestion of witness. Witness was present when Mr
Suanders arrived and when the will was written. Witness was requested by
Mrs Meredith to go into the room where Mr Meredith was and that testator
told witness that he (Testator) wanted him to write him a bit of a will
Witness replied that he did not feel capable of doing such business and
requested testator to postpone the matter till morning. Testator answered
that as he wanted but little written Witness could do it as well as any
body. Witness says that the testator insisted on the matter being finished [crossed out]
accomplished immediately. Witness replied that there was a man in the
other room who could do it better than he witness could Testator then inquired
who it was. Witness told him that it was Mr Suanders and asked tes,,
,,tator if he should ask him to come in and the testator said "Yes" Witness
[corresponds to page 7 of Will Book 3]
Continued 7
answered Oh! I forgot that I wish the remainder to be divided between
my brothers and sisters. The witness then wrote the will now offered for
Probate. Witness further says that Solomon Walker married the niece of
the witness (Saunders) wife. Mr Meredith dictated pretty much word for
word the will as first written I then copied substantially the first paper and
then added the clause disposing of the remainder of the property. After
it was written out I read it to him and asked him if that was his will
and testament he said it was and had been for years. He then set up in bed
with the assistance of Mr Clark and signed the will and witness and
Mr. Clark signed it as witnesses in the presence of the testator. Witness says
the testator was of full age and considered at the time that he was of sound
mind and capable of executing his will and that he did it freely and
of his own accord. Cross examined by the Mr. Sweetser -- I had not seen
Mr Meredith since his sickness until called on to write the will. I think
I was in the house about three hours previous to writing the will and
in Mr Merediths presence about an hour. The only suggestion made to Mr
Meredith with regard to the will was the one made by Mr Clark I did not
see him after drawing the will for about a week I then saw him two
or three times previous to his death I there discovered that he was
a little fleighty at times, at any time by calling his attention by asking
him questions he would answer rationally
Azor Saunders
George Clark examined after being sworn. Have been acquainted with testator
for between 30 and 40 years is connected with testator by marriage. Mr Merediths
mother and his stepmother are sisters Lived about one half mile from Merediths
house. I saw Meredith brother of L Meredith the testator was married to a sister
of witness. And that John Clark brother of witness married a half sister of
testator --- Saw testator for the first week of his (the testators) illness witness
was with testator some days twice a day and most of the time once a day.
Testator was sick and confined to his bed twenty seven days and from two or three
days before the will was made witness was at the house of testator every day
and might for the purpose of seeing that he had the necessary attention
Witness further says that John Watson went for Mr Saunders at the request
of witness to draw up the will in proper form. Testator requesting Mr Saunders
being sent for at the suggestion of witness. Witness was present when Mr
Suanders arrived and when the will was written. Witness was requested by
Mrs Meredith to go into the room where Mr Meredith was and that testator
told witness that he (Testator) wanted him to write him a bit of a will
Witness replied that he did not feel capable of doing such business and
requested testator to postpone the matter till morning. Testator answered
that as he wanted but little written Witness could do it as well as any
body. Witness says that the testator insisted on the matter being finished [crossed out]
accomplished immediately. Witness replied that there was a man in the
other room who could do it better than he witness could Testator then inquired
who it was. Witness told him that it was Mr Suanders and asked tes,,
,,tator if he should ask him to come in and the testator said "Yes" Witness
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 60)
Description
[page 60]
[corresponds to page 8 of Will Book 3]
8 Levi Meredith will
went into the other room and enquired for Mr Saunders and was told
that he had gone to Solomon Walkers. Witness then asked Mr Watson to
go and ask Saunders to come over and Saunders came over accordingly.
Mr. Saunders and witness went into room together. Witness says that
Saunders asked testator whether he had a form book as he Saunders was
not much acquainted with the forms in such matters. The wife of
Testator then searched for a book of forms belonging to testator but
it could not be found when the testator said that he had prob=
=ably lent it. Mr Saunders then proposed to go home and get
one to which the testator objected saying that he wished the matter
finished immediately. Materials were then furnished and Mr Suanders
proceeded to write the will of testator agreeably to the dication of testator
After making the bequest to his wife the testator remarked that he
wished to give Solomon Five hundred dollars (The said Solomon Walker
was a brother of Mrs. Meredith wife of testator and supposes that he lived
with testator as one of the family) Mr Saunders then turned to witness
and said I suppose he means Solomon Walker to which witness re=
=plied I suppose so Testator then said that he wanted no more written
and then said will was signed by said testator and the said witnesses. But
previous to the signing said will some conversation took place concerning the
form of the closing the will and Meredith wanted it written in the will that
they were witnesses thereto. And after said will was executed the testator
wanted the said witnesses to examine him (Testator) as to his capability of
making a will. Saunders then asked testator whether that was his last will
and testament to which testator replied that it was and that it had been for
several years Witness then asked testator what he intended to do with the balance
of his property as he had only willed Five hundred dollars of it away to which
testator replied that he had forgotten all about it. Testator then said that
he wanted the residue of his property to go to his brothers and sisters (he had no
children of his own) and suggested that the bquest to his brothers and sisters
might be interlined in the will and Mr Saunders attempted to do so but said
he could not do it to make sense of it and said that would make a new one
and went at it. Witness again says that the will was written at the dictation
of the testator. Witness says that the said will was read to the testator
by Mr Saunders previous to the signing. Upon hearing it read he remarked
as above stated that it was his will and had been for years (The paper hereto
attached and marked "A" is the paper or will spoken of as first written)
Mr Saunders then proceeded to write the paper now produced and offered
for probate as the will &c of said Meredith having the paper spoken of as
having been interlined lying before him -- Mr Saunders proposed before
writing the attestation above the names of the witnesses that they should
insert a clause that they (the witnesses) believed the testator to be capable of
making a will Witness objected to this saying that they could testify to
the fact when called on in Court. Mr Saunders however wrote said
attestation as it now is and having signed it himself witness signed
it not willingly but because the testator he knew would become excited
[corresponds to page 8 of Will Book 3]
8 Levi Meredith will
went into the other room and enquired for Mr Saunders and was told
that he had gone to Solomon Walkers. Witness then asked Mr Watson to
go and ask Saunders to come over and Saunders came over accordingly.
Mr. Saunders and witness went into room together. Witness says that
Saunders asked testator whether he had a form book as he Saunders was
not much acquainted with the forms in such matters. The wife of
Testator then searched for a book of forms belonging to testator but
it could not be found when the testator said that he had prob=
=ably lent it. Mr Saunders then proposed to go home and get
one to which the testator objected saying that he wished the matter
finished immediately. Materials were then furnished and Mr Suanders
proceeded to write the will of testator agreeably to the dication of testator
After making the bequest to his wife the testator remarked that he
wished to give Solomon Five hundred dollars (The said Solomon Walker
was a brother of Mrs. Meredith wife of testator and supposes that he lived
with testator as one of the family) Mr Saunders then turned to witness
and said I suppose he means Solomon Walker to which witness re=
=plied I suppose so Testator then said that he wanted no more written
and then said will was signed by said testator and the said witnesses. But
previous to the signing said will some conversation took place concerning the
form of the closing the will and Meredith wanted it written in the will that
they were witnesses thereto. And after said will was executed the testator
wanted the said witnesses to examine him (Testator) as to his capability of
making a will. Saunders then asked testator whether that was his last will
and testament to which testator replied that it was and that it had been for
several years Witness then asked testator what he intended to do with the balance
of his property as he had only willed Five hundred dollars of it away to which
testator replied that he had forgotten all about it. Testator then said that
he wanted the residue of his property to go to his brothers and sisters (he had no
children of his own) and suggested that the bquest to his brothers and sisters
might be interlined in the will and Mr Saunders attempted to do so but said
he could not do it to make sense of it and said that would make a new one
and went at it. Witness again says that the will was written at the dictation
of the testator. Witness says that the said will was read to the testator
by Mr Saunders previous to the signing. Upon hearing it read he remarked
as above stated that it was his will and had been for years (The paper hereto
attached and marked "A" is the paper or will spoken of as first written)
Mr Saunders then proceeded to write the paper now produced and offered
for probate as the will &c of said Meredith having the paper spoken of as
having been interlined lying before him -- Mr Saunders proposed before
writing the attestation above the names of the witnesses that they should
insert a clause that they (the witnesses) believed the testator to be capable of
making a will Witness objected to this saying that they could testify to
the fact when called on in Court. Mr Saunders however wrote said
attestation as it now is and having signed it himself witness signed
it not willingly but because the testator he knew would become excited
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 61)
Description
[page 61]
[corresponds to page 9 of Will Book No 3]
Continued 9
if he refused as he was apt to become when his requests were not complied with
Witness thinks that said will was made when the testator was not under the
influence of any one so far as witness knows. Meredith was at the time of ma
king said will between forty and fifty years of age. Qst by Mr. Finch "Was the
testator at the time of making said will of sound and disposing mind and
memory and if you think he was not state your reasons in full for such opinion.
Ans. "I do not think that he was. Question Repeated What were your rea=
=sons for this supposition Ans. I thought that it was strange that the testator
knowing me so well and what sort of a scribe I was should ask me to do it
and upon my declining saying that he only wanted a little bit of a will
made and that I could do it as well as anybody Q- What further reason have you for
your opinion Ans - I thought strange that he should have forgotten about the ba=
lance of his property Q "What else" Think that the day the will was made
or the day before the testator wanted his friends to take him into Harlem Town-
=ship because he said he was able to go and wished to go - that he wanted to go
to John Gorsuchs Testator was not then able to sit up in bed - Testator often
said that he wished to go to Gorsuchs as he was an old friend and that he
(Testator) had often preached there Gorsuch lived seven or eight miles distance
These are all the reasons I have as I recollect previous to making said will.
Other incidents occurred about a week after making the will. A clock in ^the house
having stopped striking testator wanted witness to fix it and on witness say=
=ing that he could not do it testator replied that he could and asked
for his pantaloons said he would get up and help witness to do it.
Testator's wife asked him about a week or a little more over after the making of said
will who he wanted to settle his business when testator replied that he would
settle it himself Question by Mr. Finch, do you recollect anything the day
the will was written except what you have already stated that led you to think
that he was not of sound mind "Answer' generally every day something occurred
which led me to think that he was unmindful of his real situation from and
after the first week of his sickness witness is unable to fix upon any particular
incident which occurred that day other than as above stated the instances I refer ^to are
such as these he wanted to get up said that there was nothing the matter
with him and that his situation was good and that he could go into the
kitchen and eat as hearty a meal as any of them and that these things
more generally occurred when aroused but not always. On the evening that
the will was made he was thought by his friends to be worse and
at the time the will was executed there was a coucil of Physicians
being held in another part of the house Question by Mr Finch was the
willed signed in presence of the witnesses Answer it was read to him
and signed by him and signed by the witnesses in his presence Question
by Mr Sweetser did you hear him say anything about his business
after the will was made "Answer by witness" I did not. Have you any
interest directly or indirectly in the will or estate of testator "Answer"
he has not
George Clark
[corresponds to page 9 of Will Book No 3]
Continued 9
if he refused as he was apt to become when his requests were not complied with
Witness thinks that said will was made when the testator was not under the
influence of any one so far as witness knows. Meredith was at the time of ma
king said will between forty and fifty years of age. Qst by Mr. Finch "Was the
testator at the time of making said will of sound and disposing mind and
memory and if you think he was not state your reasons in full for such opinion.
Ans. "I do not think that he was. Question Repeated What were your rea=
=sons for this supposition Ans. I thought that it was strange that the testator
knowing me so well and what sort of a scribe I was should ask me to do it
and upon my declining saying that he only wanted a little bit of a will
made and that I could do it as well as anybody Q- What further reason have you for
your opinion Ans - I thought strange that he should have forgotten about the ba=
lance of his property Q "What else" Think that the day the will was made
or the day before the testator wanted his friends to take him into Harlem Town-
=ship because he said he was able to go and wished to go - that he wanted to go
to John Gorsuchs Testator was not then able to sit up in bed - Testator often
said that he wished to go to Gorsuchs as he was an old friend and that he
(Testator) had often preached there Gorsuch lived seven or eight miles distance
These are all the reasons I have as I recollect previous to making said will.
Other incidents occurred about a week after making the will. A clock in ^the house
having stopped striking testator wanted witness to fix it and on witness say=
=ing that he could not do it testator replied that he could and asked
for his pantaloons said he would get up and help witness to do it.
Testator's wife asked him about a week or a little more over after the making of said
will who he wanted to settle his business when testator replied that he would
settle it himself Question by Mr. Finch, do you recollect anything the day
the will was written except what you have already stated that led you to think
that he was not of sound mind "Answer' generally every day something occurred
which led me to think that he was unmindful of his real situation from and
after the first week of his sickness witness is unable to fix upon any particular
incident which occurred that day other than as above stated the instances I refer ^to are
such as these he wanted to get up said that there was nothing the matter
with him and that his situation was good and that he could go into the
kitchen and eat as hearty a meal as any of them and that these things
more generally occurred when aroused but not always. On the evening that
the will was made he was thought by his friends to be worse and
at the time the will was executed there was a coucil of Physicians
being held in another part of the house Question by Mr Finch was the
willed signed in presence of the witnesses Answer it was read to him
and signed by him and signed by the witnesses in his presence Question
by Mr Sweetser did you hear him say anything about his business
after the will was made "Answer by witness" I did not. Have you any
interest directly or indirectly in the will or estate of testator "Answer"
he has not
George Clark
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 62)
Description
[page 62]
[corresponds to page 10 of Will Book 3]
10
The following is the paper marked "A" referred to in a foregoing deposition
made by Clark
"Trenton Township September the 11th 1850
I publish and ordain this to be my last will and testatment I will
and bequeath to my bloved wife Mary all my personal property and real
estate for her own use and benefit for to have and to hold as long as she
remains my widow Secondly I give unto Solomon Walker five hundred
dollars and the balance of [illegible]
L. Meredith
We being expressly called to witness
this last will and testament
are witnesses of the same
Witnesses (Azor Saunders
(George Clark
Sworn to and subscribed in Open Court G W Stark Clerk
[corresponds to page 10 of Will Book 3]
10
The following is the paper marked "A" referred to in a foregoing deposition
made by Clark
"Trenton Township September the 11th 1850
I publish and ordain this to be my last will and testatment I will
and bequeath to my bloved wife Mary all my personal property and real
estate for her own use and benefit for to have and to hold as long as she
remains my widow Secondly I give unto Solomon Walker five hundred
dollars and the balance of [illegible]
L. Meredith
We being expressly called to witness
this last will and testament
are witnesses of the same
Witnesses (Azor Saunders
(George Clark
Sworn to and subscribed in Open Court G W Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 63)
Description
[page 63]
[corresponds to page 11 of Will Book 3]
,,11,,
Court of Common Pleas held in Delaware on the 21st day of February AD 1851 before the
Honorable O. Bowen President Almon Stark, Caleb Howard and Frederick Avery Associate
Judges of the Court of Common Pleas in for said County of Delaware in the State of Ohio
This day the last will and testament of John Sherman deceased was produced
in Open Court and proved by the testimony of the subscribing witnesses
thereto ^and others as reduced to witnesses and the Court after hearing the
testimony therein as per file do order that said will be admitted
to probate and recorded. And the Court further order that
Samuel Shoemaker be appointed Administrator with the will
annexed. Said Administrator is ordered to enter into bonds in the
sum of Seventy five hundred dollars with Jacob Shoemaker,
Seth Slack and Samuel Eckles as security or any two of them
at the direction of the Clerk. And it is further ordered that
E L Gavit Robert McGonigle and Thomas Barton appraise
the personal property of said Estate.
"In the name of the Benevolent Father of All
I John Sherman of the County of Morrow in the State of Ohio
do make and publish this my last Will & Testament
First that my just debts be paid out of my personal property
Second That I give and bequeath unto Adam Shearman in
Oxford Township of the County of Delaware & State aforesaid
all my personal property after paying said debts. Also a lot
of land in said Delaware County. All the balance of Lot No 12.
excepting what I sold to Henry Lamb & Sherman Finch/
in 18 Range US School lands_I also bequeath unto
Alvah Shearman all the land I own in Lot No. 18 in the above
18th Range US Military School lands in Morrow County Ohio
Bounded on the West I Jacob Shoemaker on the South Thomas
Barton & on the North by Joshua Hodge. with all the improvements
and appurtenances belonging- I do hereby revoke all former wills by me made-
In testimony whereof I have set my hand and seal
this 9th day of February 1851." John Shearman
Signed.Sealed & acknowledged as his last Will testement
in our presants & Signed by us in his presants
Alvah Patee
Geo. S Pennell
The State of Ohio Delaware County
Court of Common Pleas Special Term Feby 21st 1851.
Personally appeared in open Court Alvah Patee Geo S
Pennell J H McNeely and Jonathan Nichols who being
duly sworn were examined as follows with regard to the paper
purporting to be the last Will & testament of John Shearman decd
"Alvah Patee of Delaware County being duly sworn as herein after
certified deposed and says as follows.. "S Finch atty for deceased
[corresponds to page 11 of Will Book 3]
,,11,,
Court of Common Pleas held in Delaware on the 21st day of February AD 1851 before the
Honorable O. Bowen President Almon Stark, Caleb Howard and Frederick Avery Associate
Judges of the Court of Common Pleas in for said County of Delaware in the State of Ohio
This day the last will and testament of John Sherman deceased was produced
in Open Court and proved by the testimony of the subscribing witnesses
thereto ^and others as reduced to witnesses and the Court after hearing the
testimony therein as per file do order that said will be admitted
to probate and recorded. And the Court further order that
Samuel Shoemaker be appointed Administrator with the will
annexed. Said Administrator is ordered to enter into bonds in the
sum of Seventy five hundred dollars with Jacob Shoemaker,
Seth Slack and Samuel Eckles as security or any two of them
at the direction of the Clerk. And it is further ordered that
E L Gavit Robert McGonigle and Thomas Barton appraise
the personal property of said Estate.
"In the name of the Benevolent Father of All
I John Sherman of the County of Morrow in the State of Ohio
do make and publish this my last Will & Testament
First that my just debts be paid out of my personal property
Second That I give and bequeath unto Adam Shearman in
Oxford Township of the County of Delaware & State aforesaid
all my personal property after paying said debts. Also a lot
of land in said Delaware County. All the balance of Lot No 12.
excepting what I sold to Henry Lamb & Sherman Finch/
in 18 Range US School lands_I also bequeath unto
Alvah Shearman all the land I own in Lot No. 18 in the above
18th Range US Military School lands in Morrow County Ohio
Bounded on the West I Jacob Shoemaker on the South Thomas
Barton & on the North by Joshua Hodge. with all the improvements
and appurtenances belonging- I do hereby revoke all former wills by me made-
In testimony whereof I have set my hand and seal
this 9th day of February 1851." John Shearman
Signed.Sealed & acknowledged as his last Will testement
in our presants & Signed by us in his presants
Alvah Patee
Geo. S Pennell
The State of Ohio Delaware County
Court of Common Pleas Special Term Feby 21st 1851.
Personally appeared in open Court Alvah Patee Geo S
Pennell J H McNeely and Jonathan Nichols who being
duly sworn were examined as follows with regard to the paper
purporting to be the last Will & testament of John Shearman decd
"Alvah Patee of Delaware County being duly sworn as herein after
certified deposed and says as follows.. "S Finch atty for deceased
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 64)
Description
[page 64]
[corresponds to page 12 of Will Book 3]
"12"
QueS. "Did you Sign your name to that paper now handed
you pruporting to be the Will of John Sherman'
"AnS _ Yes"
"QueS" Did you see the testator John Sherman sign it with
his own hand"
AnS "I did"
QueS" Who reduced that will to writing
AnS" I did
QueS" Who were present beside yourself at the time the Will
was written and signed"
"Ans" Esq Pennell was there part of the time I was writing
and when it was signed
Ques,, " Who else was there"
AnS" P L Green was there part of the time but whether all the
time I cannot say. as folks were going out and in
Ques" What members of the testators family were in the
room when you were reducing the will to writing
Ans. I cant say that I can recollect the names of all that
were there a part of the time the most of then were there
and then they would be out. Adam I think was there"
Ques" "Was this will read over to the testator before he signed
it & if so by whom
"Ans "It was. by myself
Ques." Who told you how to write it
Ans,, The testator
Ques" What did he say when you read it to him
Ans" He said it was correct
Ques,, What time of day was it. 'tis dated the 9th day of
February. Was that the time it was written
Ans,, Yes Sir
Ques'' Was it before Noon or after
Ans, Along near Noon
Ques" Was he of full age
Ans Yes Sir
Ques" Have you any knowledge or reason to believe that
there was any improper influence acting on the testator or was
he under any restraint
Ans" I dont think there was. He told me several times that
he wanted me to write his will & how he wanted it written & I
wrote it as he has previouslyv& at the time told me
Ques" Was the testator in your opinion at the time he executed the
Will of sound & disposing mind memory or not"
"Ans. "I think he was. I saw nothing but what was perfectly
sane. He seemed particular & careful in signing it in this that
when the ink ran out he filled up the pen & finished his name
He was at the time talking to his boys. and to George he said some
[corresponds to page 12 of Will Book 3]
"12"
QueS. "Did you Sign your name to that paper now handed
you pruporting to be the Will of John Sherman'
"AnS _ Yes"
"QueS" Did you see the testator John Sherman sign it with
his own hand"
AnS "I did"
QueS" Who reduced that will to writing
AnS" I did
QueS" Who were present beside yourself at the time the Will
was written and signed"
"Ans" Esq Pennell was there part of the time I was writing
and when it was signed
Ques,, " Who else was there"
AnS" P L Green was there part of the time but whether all the
time I cannot say. as folks were going out and in
Ques" What members of the testators family were in the
room when you were reducing the will to writing
Ans. I cant say that I can recollect the names of all that
were there a part of the time the most of then were there
and then they would be out. Adam I think was there"
Ques" "Was this will read over to the testator before he signed
it & if so by whom
"Ans "It was. by myself
Ques." Who told you how to write it
Ans,, The testator
Ques" What did he say when you read it to him
Ans" He said it was correct
Ques,, What time of day was it. 'tis dated the 9th day of
February. Was that the time it was written
Ans,, Yes Sir
Ques'' Was it before Noon or after
Ans, Along near Noon
Ques" Was he of full age
Ans Yes Sir
Ques" Have you any knowledge or reason to believe that
there was any improper influence acting on the testator or was
he under any restraint
Ans" I dont think there was. He told me several times that
he wanted me to write his will & how he wanted it written & I
wrote it as he has previouslyv& at the time told me
Ques" Was the testator in your opinion at the time he executed the
Will of sound & disposing mind memory or not"
"Ans. "I think he was. I saw nothing but what was perfectly
sane. He seemed particular & careful in signing it in this that
when the ink ran out he filled up the pen & finished his name
He was at the time talking to his boys. and to George he said some
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 65)
Description
[page 65]
[corresponds to page 13 of Will Book 3]
"13"
thing about a yoke of oxen & other matters of buisness at the time
the Will was signed. His conversation as to matters of business
[illegible] a sane State of mind
"Ques. " Had you seen him within the last few days before you
wrote the Will
Ans" I had seen him once before and Wm Sherman shook
hands with me
"Ques. "When you saw him did you see anything but what was perfectly sane?
Ans " I did not"
Ques" Did you sign that will in the presence of the testator
and in the presence of the other witness"
Ans " I did
Ques " Did he sign it in your presence"
Ans " He did
Ques " Were any physicians there at the time you was"
Ans " I think there was not at the time I was Dr. White
perhaps was there the same day"
W.P. Reid Esq as Atty contests the will in behalf Patsy Sherman
John Sherman Jr,, & the unknown heirs of John Sherman,
F Finch Atty for deceased objects that Patty Sherman &
John Sherman Jr are not heirs of John Sherman & are not
interested & further objects to Mr,, Reid's appearing for the
unknown heirs of John Sherman deceased because he has
not been employed by them"
"Mr,, Patee Cross examined
Ques" How long have you known John Sherman deceased
Ans" I think about twenty five years. I can't say exactly
Ques " "Where has he resided during this time"
Ans. "At different places. Most of the time near the place
of his death
Ques " At whose house was Mr,,Sherman at the time he made
this will
Ans. "At the house of his son John Sherman Jr,, "
Ques. "How long previous to this time had John Sherman
decd been a dissipated man"
Ans. "He has made frequent & almost constant use of
intoxicating liquors for the last ten or twelve years or more
for two or three years past than before I never saw him down
drunk but a little intoxicated frequently-I know that he gen-
-erally kept liquor & he has frequently offered it to me
Ques "How many other children had he raised there that he
recognized as his own children besides Adam and Alva.
Objected to by S Finch
Ans " "There were more children raised by him but I cannot say
that he recognized them all as his own children. The day he signed
[corresponds to page 13 of Will Book 3]
"13"
thing about a yoke of oxen & other matters of buisness at the time
the Will was signed. His conversation as to matters of business
[illegible] a sane State of mind
"Ques. " Had you seen him within the last few days before you
wrote the Will
Ans" I had seen him once before and Wm Sherman shook
hands with me
"Ques. "When you saw him did you see anything but what was perfectly sane?
Ans " I did not"
Ques" Did you sign that will in the presence of the testator
and in the presence of the other witness"
Ans " I did
Ques " Did he sign it in your presence"
Ans " He did
Ques " Were any physicians there at the time you was"
Ans " I think there was not at the time I was Dr. White
perhaps was there the same day"
W.P. Reid Esq as Atty contests the will in behalf Patsy Sherman
John Sherman Jr,, & the unknown heirs of John Sherman,
F Finch Atty for deceased objects that Patty Sherman &
John Sherman Jr are not heirs of John Sherman & are not
interested & further objects to Mr,, Reid's appearing for the
unknown heirs of John Sherman deceased because he has
not been employed by them"
"Mr,, Patee Cross examined
Ques" How long have you known John Sherman deceased
Ans" I think about twenty five years. I can't say exactly
Ques " "Where has he resided during this time"
Ans. "At different places. Most of the time near the place
of his death
Ques " At whose house was Mr,,Sherman at the time he made
this will
Ans. "At the house of his son John Sherman Jr,, "
Ques. "How long previous to this time had John Sherman
decd been a dissipated man"
Ans. "He has made frequent & almost constant use of
intoxicating liquors for the last ten or twelve years or more
for two or three years past than before I never saw him down
drunk but a little intoxicated frequently-I know that he gen-
-erally kept liquor & he has frequently offered it to me
Ques "How many other children had he raised there that he
recognized as his own children besides Adam and Alva.
Objected to by S Finch
Ans " "There were more children raised by him but I cannot say
that he recognized them all as his own children. The day he signed
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 66)
Description
[page 66]
[corresponds with page 14 of Will Book 3]
,,14,,
the will there was some dissatisfaction murmered by
some of them, and he told them that he did not know that
any of them were his children and indeed before that I had
heard him say something similar
Ques" "But at times did he not recognize them all as his
children"
Ans " I don't recollect that I ever heard him say that he
recognized them all as his children_ I have heard him say
that he did not recognize them all as his children [these three words stuck out] but I know
they all lived there together as other families
Ques" When you heard him deny those children was his
mind not in a frenzied state from drunkeness or other cause
Ans" There appeared to be some irritation of his mind when
he was in liquor he was out of humor frequently & boisterous
Ques" How old is his youngest child
Ans " I cant say exactly, but some 8 or 10 years old,
under fourteen anyhow_her name is Elizabeth Sherman
Ques "When was this will written
Ans. "February 9th 1851 on Sunday
Ques " Who came after you to get you to write that will
Ans " I can't recollect who came, but I think it was Adam
one of the devisees at that time
Ques " Did not he appear before this time very anxious to get
the old man to make a will_did he not speak to you about it
Ans " All I know about it was that he called on me to go and
write it_ I think I went along with him. or soon after
Ques" After you got to the house where old man Sherman lay-
who told you first how to write this will
Ans" Mr. Sherman told me that he wanted the will so wrote as
to give Alva the homestead & Adam all the personal property
& the balance of the lot near town from which Miss. Finch &
Lamb bought a piece. While I was writing the old man gave
me the number of the lots_ the deeds were not there. and
I only put in the township name & number of the lot according
to the old man's direction
Ques " Was the old man very weak at the time you wrote the will
Ans " No, he sat on the edge of the bed some half hour & ate Some
thing
Question " At the time he made the will was hw as well as he was
that day the day before and after
Ans " The day before he was not as well as that day & the next
day & the next day he was not so well as on that day
Quest " Who sent for Mr Pennell to come there & witness the will
Ans " I can't say. I think he came to my house & I went with
-at the time the will was written
[corresponds with page 14 of Will Book 3]
,,14,,
the will there was some dissatisfaction murmered by
some of them, and he told them that he did not know that
any of them were his children and indeed before that I had
heard him say something similar
Ques" "But at times did he not recognize them all as his
children"
Ans " I don't recollect that I ever heard him say that he
recognized them all as his children_ I have heard him say
that he did not recognize them all as his children [these three words stuck out] but I know
they all lived there together as other families
Ques" When you heard him deny those children was his
mind not in a frenzied state from drunkeness or other cause
Ans" There appeared to be some irritation of his mind when
he was in liquor he was out of humor frequently & boisterous
Ques" How old is his youngest child
Ans " I cant say exactly, but some 8 or 10 years old,
under fourteen anyhow_her name is Elizabeth Sherman
Ques "When was this will written
Ans. "February 9th 1851 on Sunday
Ques " Who came after you to get you to write that will
Ans " I can't recollect who came, but I think it was Adam
one of the devisees at that time
Ques " Did not he appear before this time very anxious to get
the old man to make a will_did he not speak to you about it
Ans " All I know about it was that he called on me to go and
write it_ I think I went along with him. or soon after
Ques" After you got to the house where old man Sherman lay-
who told you first how to write this will
Ans" Mr. Sherman told me that he wanted the will so wrote as
to give Alva the homestead & Adam all the personal property
& the balance of the lot near town from which Miss. Finch &
Lamb bought a piece. While I was writing the old man gave
me the number of the lots_ the deeds were not there. and
I only put in the township name & number of the lot according
to the old man's direction
Ques " Was the old man very weak at the time you wrote the will
Ans " No, he sat on the edge of the bed some half hour & ate Some
thing
Question " At the time he made the will was hw as well as he was
that day the day before and after
Ans " The day before he was not as well as that day & the next
day & the next day he was not so well as on that day
Quest " Who sent for Mr Pennell to come there & witness the will
Ans " I can't say. I think he came to my house & I went with
-at the time the will was written
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 67)
Description
[page 67]
[corresponds to page 15 of Will Book 3]
,,15,,
Ques" "Who asked you teo witnesses to attest that will"
Ans " "I can't say that any body did. but being employed to write
the will. I considered it a part of my duty. So I signed it as a
witness & hand it to Mr. Pennell & he signed it"
Ques " When did he die
Ans " The Friday morning following the Sunday I wrote the
Will
Ques " Did John Sherman the testator see you sign the will
Ans "He did the will was on his lap and I signed it there
immediately after the testator did. Whether Mr. Pennell signed
it while in his lap I cant say
Ques" "After the will was signed, did you not make a
Slight alteration by punctuation of something or other
Ans " I did not"
Ques "Who dictated the will "
Ans. "The decd" John Sherman
Ques" Who told you to write. "In the Benevolent Father of all"
Ans. No one"
Ques " Who told you to put down "I john Sherman do
make & publish this my last will & testament
Ans "No one" the formal part of the will I put down myself
Ques " Did he say anything to you about putting in the clause
of "paying his debts out of the personal property"
Ans " I don't recollect whether anything was mentioned
about it. I put it in as a clause that is usually put in. and
after it was in I read it to him & he said it was correct"
Ques. "Who directed you to have the will say. "I give and
bequeath to Adam Sherman in Oxford township the County
of Delaware & State aforesaid all my personal porperty after
paying said debts"
Ans " It was told by Mr Sherman that Alva was to have
the homestead & that Adam was to have the personal prop=
=erty & the piece of land near town- Mr. Sherman gave me
Ques" Did Mr. Sherman give you yhe number of the lots
range etc "
Ans" He gave me the number of the lots " I know the
Range & Township-the Section I did not know, and the
deeds not being there, they did not know it
Ques "Who directed Sherman to get up & sign his name to the
Will
Ans " No one" He was up & sitting on the side of the bed
I laid the will on "Swan's Treatise" & laid it in his lap & he
signed it
Ques " After this will was written did you not write another one
or two- Ans" I wrote another one next day & the circumstances
[corresponds to page 15 of Will Book 3]
,,15,,
Ques" "Who asked you teo witnesses to attest that will"
Ans " "I can't say that any body did. but being employed to write
the will. I considered it a part of my duty. So I signed it as a
witness & hand it to Mr. Pennell & he signed it"
Ques " When did he die
Ans " The Friday morning following the Sunday I wrote the
Will
Ques " Did John Sherman the testator see you sign the will
Ans "He did the will was on his lap and I signed it there
immediately after the testator did. Whether Mr. Pennell signed
it while in his lap I cant say
Ques" "After the will was signed, did you not make a
Slight alteration by punctuation of something or other
Ans " I did not"
Ques "Who dictated the will "
Ans. "The decd" John Sherman
Ques" Who told you to write. "In the Benevolent Father of all"
Ans. No one"
Ques " Who told you to put down "I john Sherman do
make & publish this my last will & testament
Ans "No one" the formal part of the will I put down myself
Ques " Did he say anything to you about putting in the clause
of "paying his debts out of the personal property"
Ans " I don't recollect whether anything was mentioned
about it. I put it in as a clause that is usually put in. and
after it was in I read it to him & he said it was correct"
Ques. "Who directed you to have the will say. "I give and
bequeath to Adam Sherman in Oxford township the County
of Delaware & State aforesaid all my personal porperty after
paying said debts"
Ans " It was told by Mr Sherman that Alva was to have
the homestead & that Adam was to have the personal prop=
=erty & the piece of land near town- Mr. Sherman gave me
Ques" Did Mr. Sherman give you yhe number of the lots
range etc "
Ans" He gave me the number of the lots " I know the
Range & Township-the Section I did not know, and the
deeds not being there, they did not know it
Ques "Who directed Sherman to get up & sign his name to the
Will
Ans " No one" He was up & sitting on the side of the bed
I laid the will on "Swan's Treatise" & laid it in his lap & he
signed it
Ques " After this will was written did you not write another one
or two- Ans" I wrote another one next day & the circumstances
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 68)
Description
[page 68]
[corresponds to page 16 of Will Book 3]
16
under which it was made are these. I recollected of hearing
Mr. Sherman before that time say that he has a lawful
daughter who had been married to a Mr. Gladcock, so thinking
that the will I had already written would not be good unless
that daughter was provided for. I spoke to Adam about it
and it was agreed that I had better write another will which
I did. and Adam told me that the old man said to put in a
a legacy of $5.00 to this daughter, but the next day the old man
had a bad spell and it was not presented to him. He did not
seem to be much worse mentally but physically-I then
heard that the daughter was dead and thinking it was not
necessary to provide for her heirs and the old man having a fainting
spell, thr new will was not presented to him for his signature
Ques " Dont you know that at thr time the will was written & signed
that the old man was intoxicated and that he had a jug of liquor under the bed-
was he not intoxicated. and that he had a jug of liquor under the bed
was he not intoxicated
Ans " I did not know of any thing of the kind
Ques " Don't you know that John Sherman has been an
habitual drunkard for the last three or four years
Ans "I know that he has been in the habit of drinking-but
I never saw him down drunk. I never saw him so high but
what he would trade & traffic but he always done it with a
different air & more talk"
Ques. " Don't you know that for several years past that
Adam has had more influence on him than any of the rest
of the family
Ans " "He always thought more of Adam than any of the boys
and had more confidence in him but whether he had more influence
over him or not than the rest of the boys I cannot say perhaps
he had"
Ques " When Sherman was under the influence of liquor was
he not very abusive to his family & use the most opprobrious
epithets toward them and others
Ans " When any body crossed him, he was displeased & would
tear away pretty rapidly"
Ques,, "How old was he when he died
Ans " About 65"
Ques. How many years was he dissipated
Ans." He drank some for 10 or 12 years but more for 2 or 3
years past than before
Ques " How long was he confined to his home before he died
Ans " I was at home only a few days before he died & therefore
cant say "
Re examined as to last answer
Ques " Was Mr. Sherman the testator & the woman he lived
[corresponds to page 16 of Will Book 3]
16
under which it was made are these. I recollected of hearing
Mr. Sherman before that time say that he has a lawful
daughter who had been married to a Mr. Gladcock, so thinking
that the will I had already written would not be good unless
that daughter was provided for. I spoke to Adam about it
and it was agreed that I had better write another will which
I did. and Adam told me that the old man said to put in a
a legacy of $5.00 to this daughter, but the next day the old man
had a bad spell and it was not presented to him. He did not
seem to be much worse mentally but physically-I then
heard that the daughter was dead and thinking it was not
necessary to provide for her heirs and the old man having a fainting
spell, thr new will was not presented to him for his signature
Ques " Dont you know that at thr time the will was written & signed
that the old man was intoxicated and that he had a jug of liquor under the bed-
was he not intoxicated. and that he had a jug of liquor under the bed
was he not intoxicated
Ans " I did not know of any thing of the kind
Ques " Don't you know that John Sherman has been an
habitual drunkard for the last three or four years
Ans "I know that he has been in the habit of drinking-but
I never saw him down drunk. I never saw him so high but
what he would trade & traffic but he always done it with a
different air & more talk"
Ques. " Don't you know that for several years past that
Adam has had more influence on him than any of the rest
of the family
Ans " "He always thought more of Adam than any of the boys
and had more confidence in him but whether he had more influence
over him or not than the rest of the boys I cannot say perhaps
he had"
Ques " When Sherman was under the influence of liquor was
he not very abusive to his family & use the most opprobrious
epithets toward them and others
Ans " When any body crossed him, he was displeased & would
tear away pretty rapidly"
Ques,, "How old was he when he died
Ans " About 65"
Ques. How many years was he dissipated
Ans." He drank some for 10 or 12 years but more for 2 or 3
years past than before
Ques " How long was he confined to his home before he died
Ans " I was at home only a few days before he died & therefore
cant say "
Re examined as to last answer
Ques " Was Mr. Sherman the testator & the woman he lived
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 69)
Description
[page 69]
[corresponds to page 17 of Will Book 3]
with & mother of their children reputed to be man & wife or as far
as your knowledge extends do you know them to have been such
or did they ever claim to have been lawfully married
Ans,, I was understood for some 20 years that they were not married
I recollect of hearing that he talked about binding the children out
& she said she had never [sworn?] them on him. At another time I heard
that they had a difficulty and she threatened to sue him for
her wages-it was generally understood in the neighborhood that
they had never been married"
Objection to question & answer
Ques Do you not know that they were recognized as man &
wife in the Neighborhood Aid not respectable folks visit them
& did they not visit respectable folks in the Neighborhood"
Ans " They were considered not as man & wife but lived together
as man & wife-I dont know that they ever visited anybody.
I have been there myself frequently"
Ques " Dont you know that the reason Mrs Sherman talked
of leaving him was that he was an abusive man toward her"
Ans_ They both claimed the other was to blame - folks generally
however considered him to blame "Some contended otherwise
Ques. Don't you know that the reason the old man thought
most of Adam was because he took sides with hom when the
old lady & man would get into disputes
Ans. No. I dont know_I believe Adam would trust the old
lady with his money in preference to the old man & further saith not
,,A. Patee.
Also George S Pernell of Delaware County being duly Sworn
as hereinafter certified, diposes as follows
Ques" Were you acquainted with John Sherman late of Oxford
Tp,, in this County"
Ans " I was "
Ques "Were you present when John Sherman Signed the paper
just handed you as his will
Ans. " I was I saw him write his name to it." and signed it
as a witness in his presence and in the presence of the other
witness Mr. Patee. I heard Mr. Patee read the will to Mr.
Sherman. I heard him give his assent to the will. I dont
recollect the words he used but he expressed his consent. He was
under no restraint of full age of sound & disposing mind &
memory "
Cross Ex-
Ques " How long have you known Mr. Sherman "
Ans " About 8 months
Ques " Ever since you have been acquainted with him, has
he not been universally regarded as an habitual drunkard "
Ans" As fas as my acquaintances goes. I think he has been
[corresponds to page 17 of Will Book 3]
with & mother of their children reputed to be man & wife or as far
as your knowledge extends do you know them to have been such
or did they ever claim to have been lawfully married
Ans,, I was understood for some 20 years that they were not married
I recollect of hearing that he talked about binding the children out
& she said she had never [sworn?] them on him. At another time I heard
that they had a difficulty and she threatened to sue him for
her wages-it was generally understood in the neighborhood that
they had never been married"
Objection to question & answer
Ques Do you not know that they were recognized as man &
wife in the Neighborhood Aid not respectable folks visit them
& did they not visit respectable folks in the Neighborhood"
Ans " They were considered not as man & wife but lived together
as man & wife-I dont know that they ever visited anybody.
I have been there myself frequently"
Ques " Dont you know that the reason Mrs Sherman talked
of leaving him was that he was an abusive man toward her"
Ans_ They both claimed the other was to blame - folks generally
however considered him to blame "Some contended otherwise
Ques. Don't you know that the reason the old man thought
most of Adam was because he took sides with hom when the
old lady & man would get into disputes
Ans. No. I dont know_I believe Adam would trust the old
lady with his money in preference to the old man & further saith not
,,A. Patee.
Also George S Pernell of Delaware County being duly Sworn
as hereinafter certified, diposes as follows
Ques" Were you acquainted with John Sherman late of Oxford
Tp,, in this County"
Ans " I was "
Ques "Were you present when John Sherman Signed the paper
just handed you as his will
Ans. " I was I saw him write his name to it." and signed it
as a witness in his presence and in the presence of the other
witness Mr. Patee. I heard Mr. Patee read the will to Mr.
Sherman. I heard him give his assent to the will. I dont
recollect the words he used but he expressed his consent. He was
under no restraint of full age of sound & disposing mind &
memory "
Cross Ex-
Ques " How long have you known Mr. Sherman "
Ans " About 8 months
Ques " Ever since you have been acquainted with him, has
he not been universally regarded as an habitual drunkard "
Ans" As fas as my acquaintances goes. I think he has been
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 70)
Description
[page 70]
[corresponds to page 18 of Will Book 3]
,,18,,
considered a man who used too much intoxicating liquor "
Ques. "Is it not generally considered in the neighborhood that
he was in the habit daily of using too much intoxicating liquor
Ans " I cannot say, as my acquaintance in the neighborhood
is not very extensive "
Ques " Mrs sent for you, or who spoke to you about witnessing
the will
Ans " Mr Green spoke to me about it first in company with
Adam Sherman the divisee "
Ques" Did any one request you to sign the will as a Witness
Ans " No one in direct words. After Patee signed it he handed
it to me in the presence of Mr. Shherman and I also signed it
Ques " You were not acquainted with Mr. Sherman before
you went to attest the will, were you;
Ans" About 8 motnhs I had been acquainted with him-I
saw him quite frequently
Ques,, "Did he appear to have the same strength of mind that
he had before
Ans "I think he had
Ques" Did Sherman at the time he signed the will have the
same degree of strength of mind that he had before & after
Ans "So far as I am able to judge he had the same degree of
strength of mind that he had during my former acquantanse
with him. As to the state of his mind a day or two afterwards
I am not so well satisfied as to its sanity. And further this
deponent saith not" Leo S Pennell
Also James H McNeely of Morrow County Ohio
being first duly sworn deposed as follows
Ques" "How long have you known Patsy Sherman & John
Sherman decd "
Ans " Ever since I can remember, brought up in the same
County in Va,,
Ques " How old are you"
Ans " Fifty years last Sept"
Ques " How were John Sherman & Patsy Sherman regarded
in 1814 or thereabouts"
Ans " About 1814 or 15 they ran off to Maryland to get married
as was said, but whether they did or not I cant say.
Ques" After this elopement did they not go to his mothers
in Virginia in the same County and there lived & were they not
considered as man & wife
Ans" I was there at their house and they lived together as Man &
Wife, & it was generally considered that they lived together as man &
Wife, but I cannot say whether they were man & wife or not
Ques" Have you not been acquainted with them ever since that
time" Ans,, "I have been in their house often. I have lived in
[corresponds to page 18 of Will Book 3]
,,18,,
considered a man who used too much intoxicating liquor "
Ques. "Is it not generally considered in the neighborhood that
he was in the habit daily of using too much intoxicating liquor
Ans " I cannot say, as my acquaintance in the neighborhood
is not very extensive "
Ques " Mrs sent for you, or who spoke to you about witnessing
the will
Ans " Mr Green spoke to me about it first in company with
Adam Sherman the divisee "
Ques" Did any one request you to sign the will as a Witness
Ans " No one in direct words. After Patee signed it he handed
it to me in the presence of Mr. Shherman and I also signed it
Ques " You were not acquainted with Mr. Sherman before
you went to attest the will, were you;
Ans" About 8 motnhs I had been acquainted with him-I
saw him quite frequently
Ques,, "Did he appear to have the same strength of mind that
he had before
Ans "I think he had
Ques" Did Sherman at the time he signed the will have the
same degree of strength of mind that he had before & after
Ans "So far as I am able to judge he had the same degree of
strength of mind that he had during my former acquantanse
with him. As to the state of his mind a day or two afterwards
I am not so well satisfied as to its sanity. And further this
deponent saith not" Leo S Pennell
Also James H McNeely of Morrow County Ohio
being first duly sworn deposed as follows
Ques" "How long have you known Patsy Sherman & John
Sherman decd "
Ans " Ever since I can remember, brought up in the same
County in Va,,
Ques " How old are you"
Ans " Fifty years last Sept"
Ques " How were John Sherman & Patsy Sherman regarded
in 1814 or thereabouts"
Ans " About 1814 or 15 they ran off to Maryland to get married
as was said, but whether they did or not I cant say.
Ques" After this elopement did they not go to his mothers
in Virginia in the same County and there lived & were they not
considered as man & wife
Ans" I was there at their house and they lived together as Man &
Wife, & it was generally considered that they lived together as man &
Wife, but I cannot say whether they were man & wife or not
Ques" Have you not been acquainted with them ever since that
time" Ans,, "I have been in their house often. I have lived in
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 71)
Description
[page 71]
[corresponds to page 19 of Will Book 3]
"19"
their immediate neighborhood with the exception of 3 or 4 years
for 23 years
Ques" Have they not always been recognized by their neighbors
as Man & Wife, have they not been visited by their neighbors &
visited them
Ans" The neighbors called him Mr. Sherman & her Mrs Sherman
but whether or not they thought they were married or not I cant say
The children were all called Sherman & their was a large family
of them. The respectable families, their neighbors, have been
there at weddings & I have been there
Ques has not John Sherman been an habitual drinker for years
Ans " As a general thing he would drink more or less liquor
every day
Ques " A year or two previous to this death, did he not use
a great deal of liquor-was he not in the habitual use of a
great deal of liquor "
Ans " It was generally considered so in the neighborhood"
Ques "How long before his death had you seen him
Ans "I saw him the day before he died & a week or two before
he made his will "
Ques "What in your opinion was the condition of his mind
at these times "
Ans " I did not speak to the day before he died, he was so
deranged_the time I called before he made the will, I
did not think he was the same John Sherman as he used to be
I did not think he talked with the same rationality that he
had formerly when he was well & hearty_Whether it was
from opium or disease I cannot say_the reason I
mentioned opium is that he told me that he had been
using opium to quiet pain-from his conversation I came
to the conclusion that he was not of so good judgment as
formerly- I dont say that he was insane-He said he wanted
to live until Adam got back from California-that he
wanted to sell all his property to Adam, and that he would
take his obligations & that when he thought he was going to
die he would burn them up
Ques " Do you know whether or not when you visited him
he had a jug of whiskey at the head of his bed
Ans " I cant say
"Cross .Ex"
Ques" At the time he went from Virginia to Maryland to
get married as was thought, was it not generally understood
that he had a wife that he did not live with"
Ans " I believe that was the case. I heard such talk"
Ques" Have you not heard that Sherman was not married
[corresponds to page 19 of Will Book 3]
"19"
their immediate neighborhood with the exception of 3 or 4 years
for 23 years
Ques" Have they not always been recognized by their neighbors
as Man & Wife, have they not been visited by their neighbors &
visited them
Ans" The neighbors called him Mr. Sherman & her Mrs Sherman
but whether or not they thought they were married or not I cant say
The children were all called Sherman & their was a large family
of them. The respectable families, their neighbors, have been
there at weddings & I have been there
Ques has not John Sherman been an habitual drinker for years
Ans " As a general thing he would drink more or less liquor
every day
Ques " A year or two previous to this death, did he not use
a great deal of liquor-was he not in the habitual use of a
great deal of liquor "
Ans " It was generally considered so in the neighborhood"
Ques "How long before his death had you seen him
Ans "I saw him the day before he died & a week or two before
he made his will "
Ques "What in your opinion was the condition of his mind
at these times "
Ans " I did not speak to the day before he died, he was so
deranged_the time I called before he made the will, I
did not think he was the same John Sherman as he used to be
I did not think he talked with the same rationality that he
had formerly when he was well & hearty_Whether it was
from opium or disease I cannot say_the reason I
mentioned opium is that he told me that he had been
using opium to quiet pain-from his conversation I came
to the conclusion that he was not of so good judgment as
formerly- I dont say that he was insane-He said he wanted
to live until Adam got back from California-that he
wanted to sell all his property to Adam, and that he would
take his obligations & that when he thought he was going to
die he would burn them up
Ques " Do you know whether or not when you visited him
he had a jug of whiskey at the head of his bed
Ans " I cant say
"Cross .Ex"
Ques" At the time he went from Virginia to Maryland to
get married as was thought, was it not generally understood
that he had a wife that he did not live with"
Ans " I believe that was the case. I heard such talk"
Ques" Have you not heard that Sherman was not married
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 72)
Description
[page 72]
[corresponds to page 20 of Will Book 3]
,,20,,
to the woman he lived with when he died
Ans " I have heard Sherman say that they were not married
but heard her say so_ the general opinion was that
they were not married & further this deponent Saith not"
P.A.McNeely
"Also Jonathan Nichols of Delaware County being first
duly sworn deposes as follows
Ques" How long have you known John Sherman & Wife
Ans" About 30 years"
Ques " Have they lived during that x together as man & wife
& been so regarded"
Ans " They have until within a few years"
Ques "Did you marry one of the daughters of these two persons"
Ans' I did "
Ques" At whose house were you married"
Ans " John Shermans"
Ques " At whose consent did you get this daughter in marriage "
Ans "By the consent of John Sherman & Patsy Sherman "
Ans "Has old Sherman been a troublesome man-very abusive
Ques " He has " & further this deponent Saith not"
Jonathan Nicholas
Subscribed and Sworn to in open Court this 21st day of
February AD one thousand Eight hundred and fifty one
G.W. Stark Clerk
[corresponds to page 20 of Will Book 3]
,,20,,
to the woman he lived with when he died
Ans " I have heard Sherman say that they were not married
but heard her say so_ the general opinion was that
they were not married & further this deponent Saith not"
P.A.McNeely
"Also Jonathan Nichols of Delaware County being first
duly sworn deposes as follows
Ques" How long have you known John Sherman & Wife
Ans" About 30 years"
Ques " Have they lived during that x together as man & wife
& been so regarded"
Ans " They have until within a few years"
Ques "Did you marry one of the daughters of these two persons"
Ans' I did "
Ques" At whose house were you married"
Ans " John Shermans"
Ques " At whose consent did you get this daughter in marriage "
Ans "By the consent of John Sherman & Patsy Sherman "
Ans "Has old Sherman been a troublesome man-very abusive
Ques " He has " & further this deponent Saith not"
Jonathan Nicholas
Subscribed and Sworn to in open Court this 21st day of
February AD one thousand Eight hundred and fifty one
G.W. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 73)
Description
[page 73]
[corresponds to page 21 of Will Book 3]
John Curren decd. Will,, 21
Plea held at the Court House in Delaware, in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard and
Frederick Avery his associates, Judges of the Court of Common
Pleas in and for said County & State on the 22nd day of March
AD 1857.
"This day the last will & testament of John Curren decd,,
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing. And it
appearing to the Court from said testimony, that said testator
was at the time of executing the same of sound & disposing
mind & memory and acting under no restraint whatever
It is ordered that said Will nad testamony be recorded"
Which Will & proof are as follows to wit
" In the name of the Benevolent Father of All
I John Curren of Delaware County State of Ohio do make
and publish this my last will and testament
Item First "I will that my legacy in my father Joseph
Currens deceased Estate leighing being in the County of
Delaware and State of Ohio, containing between twenty two
and twenty three acres of land be sold and my funeral expenses
and legal debts be paid, and the residue of the money be equally
divided amongst my several children to wit Mary Curren
Martha Curren, Susannah Curren, John Curren and
Synthe Ann Curren- Item Second. I will my Woman saddle
to my daughter Mary Curren, and one bed and bedding to
my daughter Martha Curren, One Bed & bedding to my daughter
Susannah Curren, and one bed and bedding to my daughter
Synthe Ann Curren- Item third. I do hereby nominate
and appoint Stephen Curren and Silas H Cleveland
Executors of this my last Will and testament hereby
authorizing and empowering them to compromise, adjust,
release and discharge in such a manner as they may deem
proper the debts and claims due me. I do also authorize
and empower them, if it shall be necessary in order to pay my debt
to sell by private sale or in such a manner upon such terms of
credit or otherwise as they may think proper, all or any part of
my real estate, and deed to purchases to execute, acknowledge
and deliver the same in fee simple
In testimony whereof I have hereunto set my hand and Seal this
twenty second day of February in the year Eighteen hundred and
fifty one" John Curren Seal
"Signed and acknowledged by John Curren as his last will and
testament in our presence and signed by us in his presence
"James Brown, Silas H Cleveland, Robert Curren
[corresponds to page 21 of Will Book 3]
John Curren decd. Will,, 21
Plea held at the Court House in Delaware, in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard and
Frederick Avery his associates, Judges of the Court of Common
Pleas in and for said County & State on the 22nd day of March
AD 1857.
"This day the last will & testament of John Curren decd,,
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing. And it
appearing to the Court from said testimony, that said testator
was at the time of executing the same of sound & disposing
mind & memory and acting under no restraint whatever
It is ordered that said Will nad testamony be recorded"
Which Will & proof are as follows to wit
" In the name of the Benevolent Father of All
I John Curren of Delaware County State of Ohio do make
and publish this my last will and testament
Item First "I will that my legacy in my father Joseph
Currens deceased Estate leighing being in the County of
Delaware and State of Ohio, containing between twenty two
and twenty three acres of land be sold and my funeral expenses
and legal debts be paid, and the residue of the money be equally
divided amongst my several children to wit Mary Curren
Martha Curren, Susannah Curren, John Curren and
Synthe Ann Curren- Item Second. I will my Woman saddle
to my daughter Mary Curren, and one bed and bedding to
my daughter Martha Curren, One Bed & bedding to my daughter
Susannah Curren, and one bed and bedding to my daughter
Synthe Ann Curren- Item third. I do hereby nominate
and appoint Stephen Curren and Silas H Cleveland
Executors of this my last Will and testament hereby
authorizing and empowering them to compromise, adjust,
release and discharge in such a manner as they may deem
proper the debts and claims due me. I do also authorize
and empower them, if it shall be necessary in order to pay my debt
to sell by private sale or in such a manner upon such terms of
credit or otherwise as they may think proper, all or any part of
my real estate, and deed to purchases to execute, acknowledge
and deliver the same in fee simple
In testimony whereof I have hereunto set my hand and Seal this
twenty second day of February in the year Eighteen hundred and
fifty one" John Curren Seal
"Signed and acknowledged by John Curren as his last will and
testament in our presence and signed by us in his presence
"James Brown, Silas H Cleveland, Robert Curren
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 74)
Description
[page 74]
[corresponds to page 22 of Will Book 3]
22.
The State of Ohio Delaware County SS.
Court of Common Pleas March Term AD 1851
Personally appeared in open Court, James Brown and
Robert Curren, who being duly sworn dispose and say that
the papers before them purporting to be the last will and
testament of John Curren 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 varily believe-that they subscribed the
same as witnesses on the presence and at the request of
the testator and in the presence of each other "
James Brown
Robert Curren
Sworn to and subscribed in open Court this 20th day of March AD 1851
G.W. Stark Clerk
Evan Evans decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associate Judges of the Court of Common Pleas
within aforesaid County in the 22 day of March AD 1851.
"This day the last will & testament of Evan Evans decd
was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and
it appearing to the Court from such testimony, that the
testator was at the time of executing the same, of sound and
disposing mind and memory and acting under no restraint
whatever. It is ordered that said will and testimony be recorded
"Which will and proof are as follows to wit
"I, Evan Evans of Radnor Township in the County of Ohio
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 he fully paid-Second- I gave, devise and
bequeath to my beloved wife Mary Evans in lieu of her
dower the plantation on which we now reside, situated in
Radnor Township being surveyed off of west end of Lot
No 6 in Range No 20, Township No. 6. and Section No 4
US Military lands in said County & State, being the same
[corresponds to page 22 of Will Book 3]
22.
The State of Ohio Delaware County SS.
Court of Common Pleas March Term AD 1851
Personally appeared in open Court, James Brown and
Robert Curren, who being duly sworn dispose and say that
the papers before them purporting to be the last will and
testament of John Curren 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 varily believe-that they subscribed the
same as witnesses on the presence and at the request of
the testator and in the presence of each other "
James Brown
Robert Curren
Sworn to and subscribed in open Court this 20th day of March AD 1851
G.W. Stark Clerk
Evan Evans decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associate Judges of the Court of Common Pleas
within aforesaid County in the 22 day of March AD 1851.
"This day the last will & testament of Evan Evans decd
was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and
it appearing to the Court from such testimony, that the
testator was at the time of executing the same, of sound and
disposing mind and memory and acting under no restraint
whatever. It is ordered that said will and testimony be recorded
"Which will and proof are as follows to wit
"I, Evan Evans of Radnor Township in the County of Ohio
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 he fully paid-Second- I gave, devise and
bequeath to my beloved wife Mary Evans in lieu of her
dower the plantation on which we now reside, situated in
Radnor Township being surveyed off of west end of Lot
No 6 in Range No 20, Township No. 6. and Section No 4
US Military lands in said County & State, being the same
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 75)
Description
[page 75]
[corresponds to page 23 of Will Book 3]
23
tract of land formerly owned by John Jones, Mason. Also
all my personal property of every description during her
natural life - Third I give and devise to my eldest son
Robert Evans the farm above described, his heirs and assigns
in fee simple forever, at the death of my said wife
Fourth. All my personal property at the death x my wife
Mary Evans to be divided equally between my grandson
Evan Roberts and my daughters Elizabeth Thomas, Sarah
Evans, Ann Evans, and Margaret Evans. provided that
they pay my son William Evans the sum of Five dollars
Also my daughter Mary Hughes the sum of Five dollars
And lastly I hereby constitute and appoint my wife said
Mary Evans to be the Executor of this my last will and
testament recording and annulling all forms 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 Sixth day of August
AD 1850. " Evan Evans [seal]
Signed, sealed, published and declared by the above named
Evan Evans as and for his last will and testament in
presence of us who at his request have signed our names
as witnesses to the same " John T Rowland
Abraham Lloyd
The State of Ohio In Court of Common Pleas
Delaware County ss March Term 1851
Appeared in open Court John T Rowland
and Abraham Lloyd who being duly sworn upon their oaths
depose and say that they were well acquainted with Evan
Evans in his lefetime, lete of the said County now deceased
and that the paper now here produced purporting to be the
last Will and testament of the said Evan Evans hearing date
the 6th day of August 1850 was on the day of the date thereof
Signed, published and declared by the said Evans as his said
Will & testament- That the said Evans then and there in the
preence of these deponents as witnesses signed the same, and
they at his request and in his presence and in the presence of each
other signed their names severally thereto as witnesses_That the
said Evan Evans was then of Sound mind & memory and acting
under no restraint, and was then of about Seventy years of age
Abraham Lloyd
John T Rowland
Sworn to and subscribed before me in open Court March 20 ~ 1851
G.W. Stark Clerk
[corresponds to page 23 of Will Book 3]
23
tract of land formerly owned by John Jones, Mason. Also
all my personal property of every description during her
natural life - Third I give and devise to my eldest son
Robert Evans the farm above described, his heirs and assigns
in fee simple forever, at the death of my said wife
Fourth. All my personal property at the death x my wife
Mary Evans to be divided equally between my grandson
Evan Roberts and my daughters Elizabeth Thomas, Sarah
Evans, Ann Evans, and Margaret Evans. provided that
they pay my son William Evans the sum of Five dollars
Also my daughter Mary Hughes the sum of Five dollars
And lastly I hereby constitute and appoint my wife said
Mary Evans to be the Executor of this my last will and
testament recording and annulling all forms 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 Sixth day of August
AD 1850. " Evan Evans [seal]
Signed, sealed, published and declared by the above named
Evan Evans as and for his last will and testament in
presence of us who at his request have signed our names
as witnesses to the same " John T Rowland
Abraham Lloyd
The State of Ohio In Court of Common Pleas
Delaware County ss March Term 1851
Appeared in open Court John T Rowland
and Abraham Lloyd who being duly sworn upon their oaths
depose and say that they were well acquainted with Evan
Evans in his lefetime, lete of the said County now deceased
and that the paper now here produced purporting to be the
last Will and testament of the said Evan Evans hearing date
the 6th day of August 1850 was on the day of the date thereof
Signed, published and declared by the said Evans as his said
Will & testament- That the said Evans then and there in the
preence of these deponents as witnesses signed the same, and
they at his request and in his presence and in the presence of each
other signed their names severally thereto as witnesses_That the
said Evan Evans was then of Sound mind & memory and acting
under no restraint, and was then of about Seventy years of age
Abraham Lloyd
John T Rowland
Sworn to and subscribed before me in open Court March 20 ~ 1851
G.W. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 76)
Description
[page 76]
[corresponds to page 24 of Will Book 3]
24 James Alexander decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associate Judges of the Court of Common Pleas
in and for said county on the 22" day of March AD 1851.
"This day the last will and Testament of James Alexander
decd was produced in open Court and proved by the testimony
of William Darst one of the subscribing witnesses thereto
as reduced to writing / the other witness thereto Ralph
Davenport having since deceased/and it appearing to
the Court from said testimony that the testator was at the
time of executing the same of sound and disposing mind
and memory and acting under no restraint whatever
It is ordered that said will and testimony be recorded
which will and testimony are as follows to wit
"August the 11th 1841, I, James Alexander of Troy Township
in the County of Delaware in the State of Ohio, do make
this my last will and testament,, viz.- First, My will is
that all my lands and tenements goods and chattels, notes
bonds and moneys may be equally divided to and among
the following persons as heirs in Succession except to that is herein after
provided viz-First, one fifth part to be equally divided
between my daughter Jane and her daughter Mariah Willey
Secondly one fifth part paid to my daughter Margaret
Thirdly one fifth part paid to my daughter Ann
Fourthly one fifth part to my daughter Sarah
Fifthly one fifth part to be equally divided between my
grandson James B Alexander and John Alexander, heirs
of John Alexander deceased, in case they shall both live, but
in case one should survive the other, then the aforesaid fifth
part I bequeath to the survivor"
Signed, Sealed and declared by the said testator as and for his
last will and testament in the year of our Lord 1841
In presence of us James Alexander [Seal]
William Darst
Ralph Davenport,,
"The State of Ohio Delaware County ss,,
Court of Common Pleas March Term AD 1851
Personally appeared in open Court William Darst one of the
subscribing witnesses to the last will and testament of James
Alexander deceased / the other being dead/who being duly sworn
deposes and says that the paper before him purporting to be the
last will and testament of James Alexander now deceased
was by the said deceased acknowledged, published, and declared
to be his last will and testament in the presence of said deponent
that the said deceased was of lawful age, that he was sound
[corresponds to page 24 of Will Book 3]
24 James Alexander decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associate Judges of the Court of Common Pleas
in and for said county on the 22" day of March AD 1851.
"This day the last will and Testament of James Alexander
decd was produced in open Court and proved by the testimony
of William Darst one of the subscribing witnesses thereto
as reduced to writing / the other witness thereto Ralph
Davenport having since deceased/and it appearing to
the Court from said testimony that the testator was at the
time of executing the same of sound and disposing mind
and memory and acting under no restraint whatever
It is ordered that said will and testimony be recorded
which will and testimony are as follows to wit
"August the 11th 1841, I, James Alexander of Troy Township
in the County of Delaware in the State of Ohio, do make
this my last will and testament,, viz.- First, My will is
that all my lands and tenements goods and chattels, notes
bonds and moneys may be equally divided to and among
the following persons as heirs in Succession except to that is herein after
provided viz-First, one fifth part to be equally divided
between my daughter Jane and her daughter Mariah Willey
Secondly one fifth part paid to my daughter Margaret
Thirdly one fifth part paid to my daughter Ann
Fourthly one fifth part to my daughter Sarah
Fifthly one fifth part to be equally divided between my
grandson James B Alexander and John Alexander, heirs
of John Alexander deceased, in case they shall both live, but
in case one should survive the other, then the aforesaid fifth
part I bequeath to the survivor"
Signed, Sealed and declared by the said testator as and for his
last will and testament in the year of our Lord 1841
In presence of us James Alexander [Seal]
William Darst
Ralph Davenport,,
"The State of Ohio Delaware County ss,,
Court of Common Pleas March Term AD 1851
Personally appeared in open Court William Darst one of the
subscribing witnesses to the last will and testament of James
Alexander deceased / the other being dead/who being duly sworn
deposes and says that the paper before him purporting to be the
last will and testament of James Alexander now deceased
was by the said deceased acknowledged, published, and declared
to be his last will and testament in the presence of said deponent
that the said deceased was of lawful age, that he was sound
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 77)
Description
[page 77]
[corresponds to page 25 of Will Book 3]
25
and disposing mind and memory, and under no restraint as
he verily believes, and that he subscribed the same as witness in
the presence and at the request of the testator
William Darst
Sworn to & Subscribed in open Court this 15th day of March AD 1851
G.W. Stark .Clerk.
John Bury dec. Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard, and Frederick
Avery his Associate of the Court of Common Pleas in
and for said County and state on the 22nd day of March
AD one thousand Eight Hundred and fifty
"This day the last will and testament of John Bury decd
was produced in open Court and proved by the testimony of the
Subscribing witnesses therrto as reduced to writing, and it appear-
-ing to the Court from said testimony that said will was duly
executed and attested and that the testator was at the time
of executing the same of sound and disposing mind and
memory and not acting under any restraint, it is ordered
that said will and testimony be recorded_ Whereupon Henry
Stith the Executor in the will named being a witness to the same
in an open Court relinquished his right to act as Executor, and
thereupon on application the Court appointed Anna Bury the
Widow Administratrix with the will annexed- It is therefore
ordered that Letters testamentary be granted her upon her witnessing
into bonds in the sum of Thirty four Hundred dollars, with
Henry Stith and Amos Utley as security. And it is further,
ordered that Daniel D. Stith. John Thomas and George Clark
appraise the personal property of said Estate"
Much will and testimony are as followed to my
"I John Bury of the County of Delaware in the State of
Ohio do make and publish this my last will and testament
in manner and form following that is to say
First it is my will that my funeral expenses and all my just
debts be fully paid. Second I give devise and bequeath to my
beloved wife Anna Bury in lieu of her dower, awl the house,
=hold and kitchen furniture and there unto appertaining... Also the
sorl mare and the Buggy and Harness and the lead cow.
Also Three Hundred dollars in money at her disposal
Fourth_ I give and devise to Sarah Nelson, the wife of
Elias Nelson the some of Fifty dollars after the death of Anna
[corresponds to page 25 of Will Book 3]
25
and disposing mind and memory, and under no restraint as
he verily believes, and that he subscribed the same as witness in
the presence and at the request of the testator
William Darst
Sworn to & Subscribed in open Court this 15th day of March AD 1851
G.W. Stark .Clerk.
John Bury dec. Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard, and Frederick
Avery his Associate of the Court of Common Pleas in
and for said County and state on the 22nd day of March
AD one thousand Eight Hundred and fifty
"This day the last will and testament of John Bury decd
was produced in open Court and proved by the testimony of the
Subscribing witnesses therrto as reduced to writing, and it appear-
-ing to the Court from said testimony that said will was duly
executed and attested and that the testator was at the time
of executing the same of sound and disposing mind and
memory and not acting under any restraint, it is ordered
that said will and testimony be recorded_ Whereupon Henry
Stith the Executor in the will named being a witness to the same
in an open Court relinquished his right to act as Executor, and
thereupon on application the Court appointed Anna Bury the
Widow Administratrix with the will annexed- It is therefore
ordered that Letters testamentary be granted her upon her witnessing
into bonds in the sum of Thirty four Hundred dollars, with
Henry Stith and Amos Utley as security. And it is further,
ordered that Daniel D. Stith. John Thomas and George Clark
appraise the personal property of said Estate"
Much will and testimony are as followed to my
"I John Bury of the County of Delaware in the State of
Ohio do make and publish this my last will and testament
in manner and form following that is to say
First it is my will that my funeral expenses and all my just
debts be fully paid. Second I give devise and bequeath to my
beloved wife Anna Bury in lieu of her dower, awl the house,
=hold and kitchen furniture and there unto appertaining... Also the
sorl mare and the Buggy and Harness and the lead cow.
Also Three Hundred dollars in money at her disposal
Fourth_ I give and devise to Sarah Nelson, the wife of
Elias Nelson the some of Fifty dollars after the death of Anna
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 78)
Description
[page 78]
[corresponds to page 26 of Will Book 3]
Bury_Fifth I give and devise to Joseph Caufman, the
some of One Hundred dollars to be death of Annah Bury
my wife_Sixth I give and devise to Jacob Bury
an Anis, the some of One Hundred and twenty five dollars
after the death of Annah Bury my wife- Seventh, I give
and devise to Mary L Johnson daughter of John Johnson
the some of Fifty dollars after the death od Annah Bury
And lastly I hereby constitute and appoint Henry Stith to
be the Executor for this my last will and testament, revoking
and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and
testament_ In testimony whereof I have hereunto set
my hand and seal this 8th day of February in the year of
our Lord 1851. " John Bury [seal]
Signed, published and declared by the above named John Bury
as his and for his last will and testament in the presence of
as who at his request have signed the same as witnesses to the
same " James D Stith, Henry Stith
" Be it known that I Henry Stith do here in open Court
decline acting as Executor of the above will which resignation
is accepted by the Court, March 18 1851
Henry Stith,,
"The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851
Personally appeared in open Court James D Stith and Henry
Stith who being duly sworn depose and say that the paper
before them purporting to be the Last Will and testament of
of John Bury now deceased, was by the said John Bury
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 D Stith
Henry Stith
Sworn to and subscribed in open Court this 18th day of March AD 1851
GW Stark Clerk
[corresponds to page 26 of Will Book 3]
Bury_Fifth I give and devise to Joseph Caufman, the
some of One Hundred dollars to be death of Annah Bury
my wife_Sixth I give and devise to Jacob Bury
an Anis, the some of One Hundred and twenty five dollars
after the death of Annah Bury my wife- Seventh, I give
and devise to Mary L Johnson daughter of John Johnson
the some of Fifty dollars after the death od Annah Bury
And lastly I hereby constitute and appoint Henry Stith to
be the Executor for this my last will and testament, revoking
and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and
testament_ In testimony whereof I have hereunto set
my hand and seal this 8th day of February in the year of
our Lord 1851. " John Bury [seal]
Signed, published and declared by the above named John Bury
as his and for his last will and testament in the presence of
as who at his request have signed the same as witnesses to the
same " James D Stith, Henry Stith
" Be it known that I Henry Stith do here in open Court
decline acting as Executor of the above will which resignation
is accepted by the Court, March 18 1851
Henry Stith,,
"The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851
Personally appeared in open Court James D Stith and Henry
Stith who being duly sworn depose and say that the paper
before them purporting to be the Last Will and testament of
of John Bury now deceased, was by the said John Bury
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 D Stith
Henry Stith
Sworn to and subscribed in open Court this 18th day of March AD 1851
GW Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 79)
Description
[page 79]
[corresponds to page 27 of Will Book 3]
Edmond Cockrell decd Will 27
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard and
Frederick Avery his Associate Judges of the Court of Common
Pleas within and for said County and State on the 22d day of
March AD One thousand and Eight hundred and fifty one
"This day the last Will and testament of Edward Cockrell
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and it
appearing to the Court by said testament that said will was
duly attested and executed, and that the said testator was at the
time of Executing the same of sound and disposing mind and
memory, and acting under no restraint whatever. _It is
ordered that said Will and testimony be recorded_Whereupon
Anna Cockrell the Executrix in said will named. appeared in
open Court and signified her acceptance of the trust of executing
said will_ It is therefore moved that letters testamentary be
granted her upon her entering into bonds in the sum of Eight
Hundred dollars with James Cockrell and Elam Blain as
security. And it is further ordered that Relief Adams, Byron
Jenkins and Bierce Roberts appraise the personal property of
said Estate"
Which will and testimony are as follows to wit
"In the name of the Benevolent Father of All
I Edward Cockrell of x Township of Harlem of the County of
Delaware and State of Ohio do make and publish this my last
Will and testament_Item 1,st. I give and devise to my
beloved wife inlieu of her dower the farm on which we now reside
situate in Range Sixteen/16/ Section Second/2/Township
three/3/ in the County of Delaware Ohio, containing about
thirty acres during her natural life, or so long as she remains
my widow, and all the stock, Horses, Housesold goods, fur=
niture, provisions and other goods and chattels, as many
Cows as she may require for her support which may be therein
at the time of my decease, during her natural life as aforesaid
She however selling so much thereof as may be sufficient to
pay my just debts. At the death of my said wife, the real
Estate aforesaid and such part of the said personally property
x
or the proceeds thereof as thay then remained unconsumed and
unexpended _ I give and devise to my children Elizabeth
Edwards, Sarah Mullen, Susannah Polten, Mary Jane
Edwards, James Monroe Cockrell, Dianna Green Nancy
Patterson, Lucinda Cockrell, Malinda Cockrell, Martha Cockrell
Mary L Cockrell and their heirs forever
Item 2nd, I do hereby nominate and appoint my beloved wife of
Guardian of my daughters, Lucinda Cockrell, Malinda Cockrell
[corresponds to page 27 of Will Book 3]
Edmond Cockrell decd Will 27
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard and
Frederick Avery his Associate Judges of the Court of Common
Pleas within and for said County and State on the 22d day of
March AD One thousand and Eight hundred and fifty one
"This day the last Will and testament of Edward Cockrell
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and it
appearing to the Court by said testament that said will was
duly attested and executed, and that the said testator was at the
time of Executing the same of sound and disposing mind and
memory, and acting under no restraint whatever. _It is
ordered that said Will and testimony be recorded_Whereupon
Anna Cockrell the Executrix in said will named. appeared in
open Court and signified her acceptance of the trust of executing
said will_ It is therefore moved that letters testamentary be
granted her upon her entering into bonds in the sum of Eight
Hundred dollars with James Cockrell and Elam Blain as
security. And it is further ordered that Relief Adams, Byron
Jenkins and Bierce Roberts appraise the personal property of
said Estate"
Which will and testimony are as follows to wit
"In the name of the Benevolent Father of All
I Edward Cockrell of x Township of Harlem of the County of
Delaware and State of Ohio do make and publish this my last
Will and testament_Item 1,st. I give and devise to my
beloved wife inlieu of her dower the farm on which we now reside
situate in Range Sixteen/16/ Section Second/2/Township
three/3/ in the County of Delaware Ohio, containing about
thirty acres during her natural life, or so long as she remains
my widow, and all the stock, Horses, Housesold goods, fur=
niture, provisions and other goods and chattels, as many
Cows as she may require for her support which may be therein
at the time of my decease, during her natural life as aforesaid
She however selling so much thereof as may be sufficient to
pay my just debts. At the death of my said wife, the real
Estate aforesaid and such part of the said personally property
x
or the proceeds thereof as thay then remained unconsumed and
unexpended _ I give and devise to my children Elizabeth
Edwards, Sarah Mullen, Susannah Polten, Mary Jane
Edwards, James Monroe Cockrell, Dianna Green Nancy
Patterson, Lucinda Cockrell, Malinda Cockrell, Martha Cockrell
Mary L Cockrell and their heirs forever
Item 2nd, I do hereby nominate and appoint my beloved wife of
Guardian of my daughters, Lucinda Cockrell, Malinda Cockrell
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 80)
Description
[page 80]
[corresponds to page 28 of Will Book 3]
28
Martha Cockrell and Mary S Cockrell until the said
Lucinda Cockrell, Malinda Cockrell, Martha Cockrell &
Mercy Cockrell arrive at the age of Eighteen years
or intermarries_ but in case my wife should again marry her
guardianship of said children shall cease and determine upon
her intermarriage_ In testimony where of I shall have hereunto
set my hand and seal this twenty Eighth day of February in
the year of Our Lord One thousand Eight Hundred and fifty
one " his
Edward x Cockrell [seal]
mark
Signed and acknowledged by said Edward Cockrell
as his last Will and testament in our presence and
signed by us in his presence " George Titus
John Miller
"I do hereby certify that the word "Chattels" on the thirteenth
line was made before the signing and acknowledging of the this
will._ this twenty eighth day of February 1851.
Elam Blain J.P.
The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851.
Personally appeared in open Court George Titus and
John Miller who being duly sworn depose and say, that
the paper before tham purporting to be the last will and
testament of Edward Cockrell now deceased was by the
said Edward Cockrell 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 testaator and in the presence of each other
John Miller
George Titus
Sworn to and Subscribed in open Court this 18th day of March 1851
GW Stark Clerk
[corresponds to page 28 of Will Book 3]
28
Martha Cockrell and Mary S Cockrell until the said
Lucinda Cockrell, Malinda Cockrell, Martha Cockrell &
Mercy Cockrell arrive at the age of Eighteen years
or intermarries_ but in case my wife should again marry her
guardianship of said children shall cease and determine upon
her intermarriage_ In testimony where of I shall have hereunto
set my hand and seal this twenty Eighth day of February in
the year of Our Lord One thousand Eight Hundred and fifty
one " his
Edward x Cockrell [seal]
mark
Signed and acknowledged by said Edward Cockrell
as his last Will and testament in our presence and
signed by us in his presence " George Titus
John Miller
"I do hereby certify that the word "Chattels" on the thirteenth
line was made before the signing and acknowledging of the this
will._ this twenty eighth day of February 1851.
Elam Blain J.P.
The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851.
Personally appeared in open Court George Titus and
John Miller who being duly sworn depose and say, that
the paper before tham purporting to be the last will and
testament of Edward Cockrell now deceased was by the
said Edward Cockrell 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 testaator and in the presence of each other
John Miller
George Titus
Sworn to and Subscribed in open Court this 18th day of March 1851
GW Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 81)
Description
[page 81]
[corresponds to page 29 of Will Book 3]
Parthenia Coulter decd Will 29.
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark Caleb Howard and
Frederick Eager his Associates, Judges of the Court of Common
Pleas within and for said County and State on the Nineteenth
day of March AD one thousand Eight hundred and fifty one
"This day the last will and testament of Parthenia Coulter
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and
ordered to be recorded
"In the name of the Benevolent Father of all
"I Thena Coulter of Genoa Township, and of Delaware
County and State of Ohio do make and publish this my
last will and testament_ First: It is my will that my
just debts and all charges be paid out of my Estate
Item. I give and devise all the residue of my estate to Samuel Coulter my
husband, to be to him and his heirs forever
Item I make and appoint the said Samuel Coulter
Executor of this my last Will and testament-
In testimony whereof I have hereunto set my hand and Seal
4th day of November in the year 1850"
her
Parthenia x Coulter [Seal]
mark
Signed and acknowledged by said Thena Coulter as
her last Will and testament in our presence and signed by
us in her presence. " Matthew Conklin
Thomas Jones
"State of Ohio Court of Common Pleas
Delaware County March Term 1851
In open Court personally appeared Mathew
Conklin and Thomas Jones who geing duly sworn upon their oaths
depose and say, that they well knew Parthena Coulter decd in
her life time, that the paper now here produced in open Court
hearing date November 4 1850 and purporting to the last will
and testament of said Parthenia Coulter, was on the date thereof
signed, published and declared by her said Parthenon as her last
will and testmane in the presence of these deposents. That
these deponents saw the said Pathena sign the said will
and that these deponents at her request, in her presence and in the
presence of each other signed their names thereto as witnessed
That the said Pathena Coulter at the time there of was of sound mind
and memory, of about the age of forty Six years and acting under no
restraint and further say not "
Matthew Conklin
Thomas Jones
Sworn to & subscribed in Open Court March 19th 1851
GW Stark Clerk
[corresponds to page 29 of Will Book 3]
Parthenia Coulter decd Will 29.
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark Caleb Howard and
Frederick Eager his Associates, Judges of the Court of Common
Pleas within and for said County and State on the Nineteenth
day of March AD one thousand Eight hundred and fifty one
"This day the last will and testament of Parthenia Coulter
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing, and
ordered to be recorded
"In the name of the Benevolent Father of all
"I Thena Coulter of Genoa Township, and of Delaware
County and State of Ohio do make and publish this my
last will and testament_ First: It is my will that my
just debts and all charges be paid out of my Estate
Item. I give and devise all the residue of my estate to Samuel Coulter my
husband, to be to him and his heirs forever
Item I make and appoint the said Samuel Coulter
Executor of this my last Will and testament-
In testimony whereof I have hereunto set my hand and Seal
4th day of November in the year 1850"
her
Parthenia x Coulter [Seal]
mark
Signed and acknowledged by said Thena Coulter as
her last Will and testament in our presence and signed by
us in her presence. " Matthew Conklin
Thomas Jones
"State of Ohio Court of Common Pleas
Delaware County March Term 1851
In open Court personally appeared Mathew
Conklin and Thomas Jones who geing duly sworn upon their oaths
depose and say, that they well knew Parthena Coulter decd in
her life time, that the paper now here produced in open Court
hearing date November 4 1850 and purporting to the last will
and testament of said Parthenia Coulter, was on the date thereof
signed, published and declared by her said Parthenon as her last
will and testmane in the presence of these deposents. That
these deponents saw the said Pathena sign the said will
and that these deponents at her request, in her presence and in the
presence of each other signed their names thereto as witnessed
That the said Pathena Coulter at the time there of was of sound mind
and memory, of about the age of forty Six years and acting under no
restraint and further say not "
Matthew Conklin
Thomas Jones
Sworn to & subscribed in Open Court March 19th 1851
GW Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 82)
Description
[page 82]
[corresponds to page 30 of Will Book 3]
30 Lewis Dulin decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias
Bwen President and Almon Stark, Caleb Howard
and Frederick Avery Esph his Associates, Judges of the
Court of Common Pleas within and for said County and
State on the twenty Second day of March AD one thousand
Eight hundred and fifty one
"This day the last will and testament of Lewis Dulin decd
was produced in open Court and proved by the testimony of
the subscribing witnesses thereto as reduced to writing
and it appearing to the Court from said testimony that the
testator at the time of executing the same was of sound and
disposing mind amd memory and not acting under any
restraint. It is ordered that said will and testimony be
recorded. Whereupon John Latham and Edward Dulin
the Executors in said will named appeared in Court and
signified their acceptance of the trust of executing said will
It is therefore ordered that letters testamentary be granted
to them upon their entering into bonds in the sum of
Four Hundred dollars with William Warner and
John Clark as Security, and it is further ordered that
Isaac Ortz, William Stone, and Peter Ollum
appraise the personal property of said Estate "
Which will and testimony are as follows to wit
"Know all men by theos presant that I Lewis Dulin of
Concord Township, Delaware County and State of Ohio
retaining the full power and facalties of my mind and in
my Haraper Sences do declare this to be my last will and
testement, and by theas preasent apinte John Latham
and Edward Dulin my Executor to attend to my effects
I do in this my last will order and derect them to pay my
funeral expenses, and the expences of my last sickness together
with my doctors bill. and to settle all of my lawful and honest
debts. and after the above is fully complied with. I then will and
bequeath the remainder of my effects to be the same more or less
to each of my children that is living at the time of my Deiss
shear and shear alike withe the exception of any misc that
I will and beqeath to my daugher Lucindy wife of Travis Latham
Also I will and bequeath to my daughter Sarah wife of William
P B Bowling my Buro or the price of it- given under my hand and
Seal this Twenthy day Ninth of May, One thousand Eight hundred
and fifty in the presents of before I cloase this will I apinte my
Executor to apraise all of my house goodes and other property
at cash prices an destribute among my childeren as
bests Soutes thir condisans and as the can agree best an concerning
the matters. Signed and Sealed in preascents of " Lewis Dulin
[corresponds to page 30 of Will Book 3]
30 Lewis Dulin decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias
Bwen President and Almon Stark, Caleb Howard
and Frederick Avery Esph his Associates, Judges of the
Court of Common Pleas within and for said County and
State on the twenty Second day of March AD one thousand
Eight hundred and fifty one
"This day the last will and testament of Lewis Dulin decd
was produced in open Court and proved by the testimony of
the subscribing witnesses thereto as reduced to writing
and it appearing to the Court from said testimony that the
testator at the time of executing the same was of sound and
disposing mind amd memory and not acting under any
restraint. It is ordered that said will and testimony be
recorded. Whereupon John Latham and Edward Dulin
the Executors in said will named appeared in Court and
signified their acceptance of the trust of executing said will
It is therefore ordered that letters testamentary be granted
to them upon their entering into bonds in the sum of
Four Hundred dollars with William Warner and
John Clark as Security, and it is further ordered that
Isaac Ortz, William Stone, and Peter Ollum
appraise the personal property of said Estate "
Which will and testimony are as follows to wit
"Know all men by theos presant that I Lewis Dulin of
Concord Township, Delaware County and State of Ohio
retaining the full power and facalties of my mind and in
my Haraper Sences do declare this to be my last will and
testement, and by theas preasent apinte John Latham
and Edward Dulin my Executor to attend to my effects
I do in this my last will order and derect them to pay my
funeral expenses, and the expences of my last sickness together
with my doctors bill. and to settle all of my lawful and honest
debts. and after the above is fully complied with. I then will and
bequeath the remainder of my effects to be the same more or less
to each of my children that is living at the time of my Deiss
shear and shear alike withe the exception of any misc that
I will and beqeath to my daugher Lucindy wife of Travis Latham
Also I will and bequeath to my daughter Sarah wife of William
P B Bowling my Buro or the price of it- given under my hand and
Seal this Twenthy day Ninth of May, One thousand Eight hundred
and fifty in the presents of before I cloase this will I apinte my
Executor to apraise all of my house goodes and other property
at cash prices an destribute among my childeren as
bests Soutes thir condisans and as the can agree best an concerning
the matters. Signed and Sealed in preascents of " Lewis Dulin
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 83)
Description
[page 83]
[corresponds to page 31 of Will Book 3]
31
William Warner. Francis Baker. Cyaenas Strobridge "
The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851
Personally appeared in open Court William Warner & Francis
Baker who being duly sworn depose and say that the paper
before them purporting to be the last will and testament of
Lewis Dulin now deceased was by the said Lewis Dulin
acknowledged, published and declared to be his last will
and testament 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 " William Warner. Francis Baker
Sworn to an subscribed in open Court the 19~ day of March AD 1851
G.W. Stark Clerk
Mary Slentz decd Will
Pleas held at the Court House in Delaware . Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark. Caleb Howard and Frederick
Avery his associate Judges of the Court of Common Pleas
within and for said County and State on the Twenty first day
of March AD onethousand Eight hundred and fifty one
"This day the last will and testmanet of Mary Slentz decd
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing and it appearing
to the Court by said testimony that the said will was duly attested
and executed, and the said testatrix at the time of executing
the same was of sound and disposing mind and memory
and not under any restraint. It is ordered that will and
testimony be recorded. Whereupon John High the Executor
in said will named and signified his acceptance of the trust
of executing said Will_It is therefore ordered that letters
testmentary be granted him upon his entering into bond
int eh sum of Three Hundred dollars with John Wolfley and
John Lugenbeel as security. and it is further ordered that William
Mansur, D.F. Mc Cullough and William D Heim appraise
the personal property of said Estate "
Which Will and testimony are as follows to wit
" In the name of the Benevolent Father of all,,
I Mary Slentz of the County of Delaware and State of Ohio do
make and publish this my last will and testament- First
[corresponds to page 31 of Will Book 3]
31
William Warner. Francis Baker. Cyaenas Strobridge "
The State of Ohio Delaware County SS.
Court of Common Pleas March Term 1851
Personally appeared in open Court William Warner & Francis
Baker who being duly sworn depose and say that the paper
before them purporting to be the last will and testament of
Lewis Dulin now deceased was by the said Lewis Dulin
acknowledged, published and declared to be his last will
and testament 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 " William Warner. Francis Baker
Sworn to an subscribed in open Court the 19~ day of March AD 1851
G.W. Stark Clerk
Mary Slentz decd Will
Pleas held at the Court House in Delaware . Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark. Caleb Howard and Frederick
Avery his associate Judges of the Court of Common Pleas
within and for said County and State on the Twenty first day
of March AD onethousand Eight hundred and fifty one
"This day the last will and testmanet of Mary Slentz decd
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing and it appearing
to the Court by said testimony that the said will was duly attested
and executed, and the said testatrix at the time of executing
the same was of sound and disposing mind and memory
and not under any restraint. It is ordered that will and
testimony be recorded. Whereupon John High the Executor
in said will named and signified his acceptance of the trust
of executing said Will_It is therefore ordered that letters
testmentary be granted him upon his entering into bond
int eh sum of Three Hundred dollars with John Wolfley and
John Lugenbeel as security. and it is further ordered that William
Mansur, D.F. Mc Cullough and William D Heim appraise
the personal property of said Estate "
Which Will and testimony are as follows to wit
" In the name of the Benevolent Father of all,,
I Mary Slentz of the County of Delaware and State of Ohio do
make and publish this my last will and testament- First
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 84)
Description
[page 84]
[corresponds to page 32 of Will Book 3]
32
I give and devise to my beloved child Daniel Wesley
Slentz. all the portion, interest, claims, franchises, demands
& Share and balance coming to me from the Estate of my
father Benjamin High deceased with the exception herein after
mentioned. the same to be his & his heirs & a forever. It is my
wish that the same Shall come to him as above stated at the
final settlement of my Fathers Estate. whether the same
shall interest &, should become due me in money at the
Settlement of my Father Estate. Their in that case Tappert
& hereby empower my brother John High to receive the same
and invest it in the best possible manner in such way that
it shall draw interest yearly, which shall annually be
placed in as principal for the coming year. which Shall be
done annually at the age of Twenty one years. when it shall with
the accumulation be paid over to him as his own property.
If my said child Daniel Wesley Slentz die before he arrives
at majority on or before my death, then I devise and bequeath
franchise. share.aforesaid to my seven brothers & Sisters
now living in case of their death to their heirs forever.
Second. I devise and bequeath to my Sister Lydia Cowgill
Thirty dollars_ this is in consideration of her kind and atten=
=tive treatment during my present Sickness & is given to
express my gratitude for the same said thirty dollars to be paid
out of first funds coming to me from my fathers Estate
Thirdly . In case of the death of my son Daniel Wesley, I do
bequeath & devise with my nephew Andrew Pope High/son
of John High/ the sum of Fifty dollars. the balance to pass
to my seven brothers & sisters in equal shares_ I do hereby
nominate and appoint John High Executor for this my
last will and testament whom I request shall fully carry
out the direction of this instrument
In testimony whereof I have hereunto set my hand and seal
this twelfth day of September in the year of our Lord One
thousand Eight hundred and fifty" Mary Slentz [Seal]
Signed Sealed and acknowledged by said Mary Slentz as her
last will & testament in our presence and signed by us in her
presence _ William P Reid , John Wolfley .
The State of Ohio Delaware County SS
Court of Common Pleas March Term 1851
Personally appeared in open Court WP Reid & John Wolfley
who being duly sworn deposed and say that the paper before
them purporting to the last and testament of Mary Slentz, now
deceased. was by the said Mary Slentz, acknowledged, published
and delared to be her last will and testament in the presences
[corresponds to page 32 of Will Book 3]
32
I give and devise to my beloved child Daniel Wesley
Slentz. all the portion, interest, claims, franchises, demands
& Share and balance coming to me from the Estate of my
father Benjamin High deceased with the exception herein after
mentioned. the same to be his & his heirs & a forever. It is my
wish that the same Shall come to him as above stated at the
final settlement of my Fathers Estate. whether the same
shall interest &, should become due me in money at the
Settlement of my Father Estate. Their in that case Tappert
& hereby empower my brother John High to receive the same
and invest it in the best possible manner in such way that
it shall draw interest yearly, which shall annually be
placed in as principal for the coming year. which Shall be
done annually at the age of Twenty one years. when it shall with
the accumulation be paid over to him as his own property.
If my said child Daniel Wesley Slentz die before he arrives
at majority on or before my death, then I devise and bequeath
franchise. share.aforesaid to my seven brothers & Sisters
now living in case of their death to their heirs forever.
Second. I devise and bequeath to my Sister Lydia Cowgill
Thirty dollars_ this is in consideration of her kind and atten=
=tive treatment during my present Sickness & is given to
express my gratitude for the same said thirty dollars to be paid
out of first funds coming to me from my fathers Estate
Thirdly . In case of the death of my son Daniel Wesley, I do
bequeath & devise with my nephew Andrew Pope High/son
of John High/ the sum of Fifty dollars. the balance to pass
to my seven brothers & sisters in equal shares_ I do hereby
nominate and appoint John High Executor for this my
last will and testament whom I request shall fully carry
out the direction of this instrument
In testimony whereof I have hereunto set my hand and seal
this twelfth day of September in the year of our Lord One
thousand Eight hundred and fifty" Mary Slentz [Seal]
Signed Sealed and acknowledged by said Mary Slentz as her
last will & testament in our presence and signed by us in her
presence _ William P Reid , John Wolfley .
The State of Ohio Delaware County SS
Court of Common Pleas March Term 1851
Personally appeared in open Court WP Reid & John Wolfley
who being duly sworn deposed and say that the paper before
them purporting to the last and testament of Mary Slentz, now
deceased. was by the said Mary Slentz, acknowledged, published
and delared to be her last will and testament in the presences
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 85)
Description
[page 85]
[corresponds to page 33 of Will Book 3]
33
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
testator, and in the presence of each other " W P Reid
John Wolfley
Sworn to and subscribed in open Court this 19~ day of March AD 1851
G.W. Stark Clerk
Michael Pentony decd "Will"
Pleas held at the Court House in the Town of Delaware
Delaware County and State of Ohio before the Honorable
Ozias Bowen President. and Almon Stark, Caleb Howard
and Frederick Avery his Associates . Judges of the Court of
Common Pleas within and for said County and State at their
June Term AD One thousand Eight hundred and fifty one
"This day the last will and testament of Michael Pentony
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing appeared
and ordered to be recorded"
Which will and proof are as follows to wit
" In the name of God 'Amen " _ I Michael Pentony of
the Township of Thompson and County of Delaware and State
of Ohio being of sound mind and memory / blessed by almighty
God for the same/do make and publish this my last will
and testament _ I give and bequeath to my beloved wife
Sarah Ann all my personal property. ALso all my real Estate
during her natural life. At her decease to be given and devised
to my children - I also give and bequeath to my brother Stephen
Pentoney Thirty dollars to be received out of my father Micahel
Pentoney's Estate - I do also appoint my brother Stephen Pentony
guardian for my children in regard of my father Micahel Pentony's
Estate of that portion which falls to me- I do nominate and
appoint my beloved wife Sarah Ann to be the sole Executrix
of this my last Will and testament_ In testimony whereof
I have hereunto set my hand and seal and published and decree
this to be my last will and testament in presence of the witnesses
named below this 28th day of March in the year of our Lord
one thousand Eight hundred and fifty one
Michael Pentony [seal]
[corresponds to page 33 of Will Book 3]
33
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
testator, and in the presence of each other " W P Reid
John Wolfley
Sworn to and subscribed in open Court this 19~ day of March AD 1851
G.W. Stark Clerk
Michael Pentony decd "Will"
Pleas held at the Court House in the Town of Delaware
Delaware County and State of Ohio before the Honorable
Ozias Bowen President. and Almon Stark, Caleb Howard
and Frederick Avery his Associates . Judges of the Court of
Common Pleas within and for said County and State at their
June Term AD One thousand Eight hundred and fifty one
"This day the last will and testament of Michael Pentony
decd was produced in open Court and proved by the testimony
of the subscribing witnesses thereto as reduced to writing appeared
and ordered to be recorded"
Which will and proof are as follows to wit
" In the name of God 'Amen " _ I Michael Pentony of
the Township of Thompson and County of Delaware and State
of Ohio being of sound mind and memory / blessed by almighty
God for the same/do make and publish this my last will
and testament _ I give and bequeath to my beloved wife
Sarah Ann all my personal property. ALso all my real Estate
during her natural life. At her decease to be given and devised
to my children - I also give and bequeath to my brother Stephen
Pentoney Thirty dollars to be received out of my father Micahel
Pentoney's Estate - I do also appoint my brother Stephen Pentony
guardian for my children in regard of my father Micahel Pentony's
Estate of that portion which falls to me- I do nominate and
appoint my beloved wife Sarah Ann to be the sole Executrix
of this my last Will and testament_ In testimony whereof
I have hereunto set my hand and seal and published and decree
this to be my last will and testament in presence of the witnesses
named below this 28th day of March in the year of our Lord
one thousand Eight hundred and fifty one
Michael Pentony [seal]
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 86)
Description
[page 86]
[corresponds to page 34 of Will Book 3]
34
Signed, Sealed, delcared and published by the said
Michael Pentony as and for his last will and testament
in presence of us who at his request and in his presence
and in the presence of each other have subscribed our names
as witnesses hereto " H T Cunningham
Jacob Freyman
The State of Ohio Delaware County SS
Court of Common Pleas June Term AD 1851
Personally appearing in Open Court, H T Cunningham &
Jacob Fryman who being duly sworn depose and say that
the paper before them purporting to be the last will and
testament of Micahel Pentony now deceased was by the
said Michael Pentony 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 " H T Cunningham
Jacob Freyman
Subscribed to an Sworn in open Court this 10th day of June AD 1851
GW Stark Clerk
Robert Carpenter decd Will
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard & Frederick
Avery his Associates Judges of the Court of Common Pleas
within and forsaid County and State on the fourteenth day of
June AD one thousand Eight hundred and fifty one
"This day the last will and testament of Robert
Carpenter decd was presented in open Court and proved by
the testimony of the subscribing witnesses thereto as reduced
to writing approved and ordered to be recorded"
which will and testimony are as follows to wit
"I Robert Carpenter of Berkshire Township. Delaware
County State of Ohio. negin of sound mind and memory do make
and devise this my last will and testament in manner aforesaid
as follows to wit_ First of all I commit my Soul to God that
gave it through the Lord Jesus Christ, my body to be
deacently buried hoping for a happy resurrection
at the Great Day- I giv and bequeath to my Son Thomas
[corresponds to page 34 of Will Book 3]
34
Signed, Sealed, delcared and published by the said
Michael Pentony as and for his last will and testament
in presence of us who at his request and in his presence
and in the presence of each other have subscribed our names
as witnesses hereto " H T Cunningham
Jacob Freyman
The State of Ohio Delaware County SS
Court of Common Pleas June Term AD 1851
Personally appearing in Open Court, H T Cunningham &
Jacob Fryman who being duly sworn depose and say that
the paper before them purporting to be the last will and
testament of Micahel Pentony now deceased was by the
said Michael Pentony 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 " H T Cunningham
Jacob Freyman
Subscribed to an Sworn in open Court this 10th day of June AD 1851
GW Stark Clerk
Robert Carpenter decd Will
Pleas held at the Court House in Delaware in the County
of Delaware and State of Ohio before the Honorable Ozias
Bowen President and Almon Stark, Caleb Howard & Frederick
Avery his Associates Judges of the Court of Common Pleas
within and forsaid County and State on the fourteenth day of
June AD one thousand Eight hundred and fifty one
"This day the last will and testament of Robert
Carpenter decd was presented in open Court and proved by
the testimony of the subscribing witnesses thereto as reduced
to writing approved and ordered to be recorded"
which will and testimony are as follows to wit
"I Robert Carpenter of Berkshire Township. Delaware
County State of Ohio. negin of sound mind and memory do make
and devise this my last will and testament in manner aforesaid
as follows to wit_ First of all I commit my Soul to God that
gave it through the Lord Jesus Christ, my body to be
deacently buried hoping for a happy resurrection
at the Great Day- I giv and bequeath to my Son Thomas
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 87)
Description
[page 87]
[corresponds to unnumbered page 35 of Will Book 3]
F Carpenter the East part of my farm that I now liv upon, say
One Hundred and Six acres, the resadue on the West I give and
and bequeath to my Daughters Lucy E Carpenter and
Mary A Carpenter containing Sixty five acres- I give
and bequeath to my beloved wife Philena the use of the one
half of the One hundred and Six acres willed to my x T F
Carpenter during her natural life. Also she is to have the
use of of the one half of the house I now ocupy , my wife to
have an equal share of the personal property after debts
are paid. I further appoint Rufus Carter & Philena Carpenter
my wife as Executors of my Estate and empower them to settle
and pay all claims against my Estate, and receive what
dues may be coming and to inable to do so. to sell all
my personal property, and after paying debts and funeral
charges the residue of my personal property to be eaqually
divid between my children. The House hold furniture, Beds
& Bedding I wish that there be an equitable division between
my wife and daughters _In witness whereof I have set
my hand and Seal this fourtheenth day of July 1850
Robert Carpenter [seal]
Signed & Sealed in presence of " E Brown
Allen M Lane
" I Robert Carpenter have herby saw fit to add by way of
Codisil to my last will and testament that is I will to
my two daughters the right of way of a Rode running from
the mane Road liaing from North and South so that they may
have acess to and from the lands I have willed to them Said
right of was to be on the north side of my farm
Also I will that my two daughters have the entire controle
of the North room in my House for them to ocupy as they
may think best and proper as long as they may wish to al
low In Witness whereunto I have set my hand and Sele
to this my last will and testament April the 23rd in the
year 1851 " Robert Carpenter [seal]
Signed in presence of
Allen McLane
Rufus Carter
State of Ohio Delaware County SS
In the Court of Common Pleas for said County June Term
1851. Appeared in open Court Ezekiel Brown Allen McLane
and Rufus Carter who being duly sworn, depose and say as
follows. Said Brown & Mc Lane say that the paper here
produced bearing date the fourteenth day of July 1850 pur-
-porting to be the last will and testament of Robert Carpenter
/now deceased/ was at the date thereof signed by the said
Robert Carpenter and then & there published and declared
[corresponds to unnumbered page 35 of Will Book 3]
F Carpenter the East part of my farm that I now liv upon, say
One Hundred and Six acres, the resadue on the West I give and
and bequeath to my Daughters Lucy E Carpenter and
Mary A Carpenter containing Sixty five acres- I give
and bequeath to my beloved wife Philena the use of the one
half of the One hundred and Six acres willed to my x T F
Carpenter during her natural life. Also she is to have the
use of of the one half of the house I now ocupy , my wife to
have an equal share of the personal property after debts
are paid. I further appoint Rufus Carter & Philena Carpenter
my wife as Executors of my Estate and empower them to settle
and pay all claims against my Estate, and receive what
dues may be coming and to inable to do so. to sell all
my personal property, and after paying debts and funeral
charges the residue of my personal property to be eaqually
divid between my children. The House hold furniture, Beds
& Bedding I wish that there be an equitable division between
my wife and daughters _In witness whereof I have set
my hand and Seal this fourtheenth day of July 1850
Robert Carpenter [seal]
Signed & Sealed in presence of " E Brown
Allen M Lane
" I Robert Carpenter have herby saw fit to add by way of
Codisil to my last will and testament that is I will to
my two daughters the right of way of a Rode running from
the mane Road liaing from North and South so that they may
have acess to and from the lands I have willed to them Said
right of was to be on the north side of my farm
Also I will that my two daughters have the entire controle
of the North room in my House for them to ocupy as they
may think best and proper as long as they may wish to al
low In Witness whereunto I have set my hand and Sele
to this my last will and testament April the 23rd in the
year 1851 " Robert Carpenter [seal]
Signed in presence of
Allen McLane
Rufus Carter
State of Ohio Delaware County SS
In the Court of Common Pleas for said County June Term
1851. Appeared in open Court Ezekiel Brown Allen McLane
and Rufus Carter who being duly sworn, depose and say as
follows. Said Brown & Mc Lane say that the paper here
produced bearing date the fourteenth day of July 1850 pur-
-porting to be the last will and testament of Robert Carpenter
/now deceased/ was at the date thereof signed by the said
Robert Carpenter and then & there published and declared
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 88)
Description
[page 88]
[corresponds to page 36 of Will Book 3]
36
as such at his at his residence in Berkshire Township
in said County in our presence. and the said Brown & Allen
then and there in his presence at his request and in the presence
of each other Signed their names thereto as witnesses- that the said
Robert Carpenter at the time thereof was of sound mind and
memory and acting under no restraint. And the said Allen
McLane and Rufus Carter as to the Codicil on the said
Will written bearing date April 23rd 1851, was in their presence
signed by said Robert Carpenter and by him published and
declared as an addition to his said will at the date thereof
and that they at his request in his presence and in the presence
of each other Signed the same as witnesses thereto, and at the
time thereof the said Carpenter was of sound mind & memory
and acting under no restraint, and further say not
E Brown
Allen Mc Lane
Rufus Carter
Sworn to in open Court June 10th AD 1851
G.W. Stark Clerk
William Warrington decd Will
Pleas held at the Court House in the Town of Delaware
in the County of Delaware and State of Ohio before the
Honorable Ozias Bowen President, and Almon Stark, Caleb
Howard and Frederick Avery his Assocaites Judges of the
Court of Common Pleas within and for said County and State
on the fourteenth say of June AD One thousand Eight hundred
and fifty one.
This day the last Will and testament of William Warrington
decd was produced in open Court and proved by the testimony
of two of the subscribing witnesses thereto as reduced to writing
approved and ordered to be recorded"
which will and proof are as follows to wit
"I William Warrington sent,, of the State of Ohio in Delaware
County do make this my last will and testament in manner
and from following that is to say- First it is my will that my
funeral expenses and my just debts be fully paid _ Second I
give, devise, and bequeath to my oldest Son John Warrington One
dollar, also to my daughter Mary Hamilton one dollar- Also
to my daughter Sarah Mershon one dollar. Also to my Son
William Warrington one dollar- Also to my daughter Julian
Weaver One dollar. Also to my son Casmere G Warrington One
dollar. Third I give devise and bequeath to my loving and
[corresponds to page 36 of Will Book 3]
36
as such at his at his residence in Berkshire Township
in said County in our presence. and the said Brown & Allen
then and there in his presence at his request and in the presence
of each other Signed their names thereto as witnesses- that the said
Robert Carpenter at the time thereof was of sound mind and
memory and acting under no restraint. And the said Allen
McLane and Rufus Carter as to the Codicil on the said
Will written bearing date April 23rd 1851, was in their presence
signed by said Robert Carpenter and by him published and
declared as an addition to his said will at the date thereof
and that they at his request in his presence and in the presence
of each other Signed the same as witnesses thereto, and at the
time thereof the said Carpenter was of sound mind & memory
and acting under no restraint, and further say not
E Brown
Allen Mc Lane
Rufus Carter
Sworn to in open Court June 10th AD 1851
G.W. Stark Clerk
William Warrington decd Will
Pleas held at the Court House in the Town of Delaware
in the County of Delaware and State of Ohio before the
Honorable Ozias Bowen President, and Almon Stark, Caleb
Howard and Frederick Avery his Assocaites Judges of the
Court of Common Pleas within and for said County and State
on the fourteenth say of June AD One thousand Eight hundred
and fifty one.
This day the last Will and testament of William Warrington
decd was produced in open Court and proved by the testimony
of two of the subscribing witnesses thereto as reduced to writing
approved and ordered to be recorded"
which will and proof are as follows to wit
"I William Warrington sent,, of the State of Ohio in Delaware
County do make this my last will and testament in manner
and from following that is to say- First it is my will that my
funeral expenses and my just debts be fully paid _ Second I
give, devise, and bequeath to my oldest Son John Warrington One
dollar, also to my daughter Mary Hamilton one dollar- Also
to my daughter Sarah Mershon one dollar. Also to my Son
William Warrington one dollar- Also to my daughter Julian
Weaver One dollar. Also to my son Casmere G Warrington One
dollar. Third I give devise and bequeath to my loving and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 89)
Description
[page 89]
[corresponds to unnumbered page 37 of Will Book 3]
affectionate wife the farm on which we now live and reside
situate in the County of Delaware and State of Ohio containing
Forty seven acres. Also all my personal property in dores and
out while she remains my widow. After that I give devise and
bequeath to my youngest daughter Charlotte Paul Warrington
all my seal and personal property and to her heirs forever
If she dies without lawful heirs of her body, then it is my will
that Casemore G Warrington shall have my real Estate of the
farm I now live on by paying Julian Weaver One hundred
dollars" In testimony whereof I have hereunto set my hand
and Seal this thirty first day of May one thousand Eight
hundred and fifty, annulling all other wills by me made
Wm Warrington [seal]
"Signed by the above named William Warrington Senr for his
last will and testament in presence of us who at his request
have signed as witnesses to the same" James Dodds
Joseph Dodds
Sarah Dodds
"Delaware County SS_ In the Court of Common Pleas
June Term 1851
James Dodds and Joseph Dodds being Sworn in open
upon their oaths depose and say that the paper now here
provided dated the thirty first day of May AD 1850 and
purporting to be the last will & testament of William
Warrington (now decd) was on the day of the date thereof
signed declared and published by the said William Warrington
as his last Will and testament, in the said County of Delaware
in the presence of these witnesses. And that these deponents
their at his request and in his presence of each other, signed
their names thereto as witnesses_ That the said William
Warrington was then of sound mind and memory and
acting under no restraint_ and further say not
James Dodds
Joseph Dodds
Sworn to & Subscribed in open Court June 14th 1851
G.M.Stark Clerk
[corresponds to unnumbered page 37 of Will Book 3]
affectionate wife the farm on which we now live and reside
situate in the County of Delaware and State of Ohio containing
Forty seven acres. Also all my personal property in dores and
out while she remains my widow. After that I give devise and
bequeath to my youngest daughter Charlotte Paul Warrington
all my seal and personal property and to her heirs forever
If she dies without lawful heirs of her body, then it is my will
that Casemore G Warrington shall have my real Estate of the
farm I now live on by paying Julian Weaver One hundred
dollars" In testimony whereof I have hereunto set my hand
and Seal this thirty first day of May one thousand Eight
hundred and fifty, annulling all other wills by me made
Wm Warrington [seal]
"Signed by the above named William Warrington Senr for his
last will and testament in presence of us who at his request
have signed as witnesses to the same" James Dodds
Joseph Dodds
Sarah Dodds
"Delaware County SS_ In the Court of Common Pleas
June Term 1851
James Dodds and Joseph Dodds being Sworn in open
upon their oaths depose and say that the paper now here
provided dated the thirty first day of May AD 1850 and
purporting to be the last will & testament of William
Warrington (now decd) was on the day of the date thereof
signed declared and published by the said William Warrington
as his last Will and testament, in the said County of Delaware
in the presence of these witnesses. And that these deponents
their at his request and in his presence of each other, signed
their names thereto as witnesses_ That the said William
Warrington was then of sound mind and memory and
acting under no restraint_ and further say not
James Dodds
Joseph Dodds
Sworn to & Subscribed in open Court June 14th 1851
G.M.Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 90)
Description
[page 90]
[corresponds to page 38 of Will Book 3]
38. John Brown decd _Will
Pleas held at the Court House in the Town of Delaware
in the County of Delaware and State of Ohio before the Honorable
Ozias Bowen President, and Almon Stark, Caleb Howard and
Frederick Avery, his Associates, Judges of the Court of Common
Pleas within and for said County and State on the Twenty first
day of October AD One thousand Eight hundred and fifty one
This day the last will and testament of John Brown decd
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing- and it appearing
to the Court that the testator at the time of executing the same
of lawful age, of aound and disposing mind, memory and
understanding, and acting under no restraint it was ordered
that the same be recorded.- And it is further ordered that
Robert Ferguson the Executor in said Will named/who
appeared in open Court and accepted said trust /enter in to
bonds in the sum of Twelve hundred dollars, with William
Johnson and Daniel Maxwell as Security - and that
Joseph Potter, Jonas Waldron and Benjamin Benedict
appraise the personal property of said Estate "
Which said will and proof is as follows to wit
In the name of God, Amen. I John Brown of the Township
of Kingston in the County of Delaware in the State of Ohio, being
weak in body but of sound mind and memory, blessed be Almighty
God for the same, and considering the uncertainty of this transitory
life, do hereby make and ordain this my last will and testament
in manner and form following/To wit/
1st I bequeath my soul to God who gave it, and my body
to the dust from whence it was taken to be buried in a decent
and Christian like manner. And as to such wordly property as
it has pleased Almighty God to bless us with, after my debts
and funeral expenses are paid, it is my will that it be disposed
of as follows /To wit/ 1st I give and bequeath to my beloved wife
Polly Brown out of my personal property all my household
and kitchen and cupboard furniture, including beds and bedding
and one hundred dollars in money to dispose of at her option
excepting one mantle clock, one Rifle gun, one copper kettle
and one double coverlet.
2nd I give and bequeath to my daughter Nancy, wife of Lewis Lott
Twenty five dollars in addition to who she has got
3rd I give and bequeath to my son Joseph Brown in addition to
what he has heretofore got the sum of one dollar
4th I give and bequeath to my son John W. Brown in addition to
what he has already got the sum of One hundred dollars
5th I give and bequeath to my son James H Brown in addition
what he has already got the sum of Twenty five dollars
6th I give and bequeath to my grand daughter Mary Catherine
[corresponds to page 38 of Will Book 3]
38. John Brown decd _Will
Pleas held at the Court House in the Town of Delaware
in the County of Delaware and State of Ohio before the Honorable
Ozias Bowen President, and Almon Stark, Caleb Howard and
Frederick Avery, his Associates, Judges of the Court of Common
Pleas within and for said County and State on the Twenty first
day of October AD One thousand Eight hundred and fifty one
This day the last will and testament of John Brown decd
was produced in open Court and proved by the testimony of the
subscribing witnesses thereto as reduced to writing- and it appearing
to the Court that the testator at the time of executing the same
of lawful age, of aound and disposing mind, memory and
understanding, and acting under no restraint it was ordered
that the same be recorded.- And it is further ordered that
Robert Ferguson the Executor in said Will named/who
appeared in open Court and accepted said trust /enter in to
bonds in the sum of Twelve hundred dollars, with William
Johnson and Daniel Maxwell as Security - and that
Joseph Potter, Jonas Waldron and Benjamin Benedict
appraise the personal property of said Estate "
Which said will and proof is as follows to wit
In the name of God, Amen. I John Brown of the Township
of Kingston in the County of Delaware in the State of Ohio, being
weak in body but of sound mind and memory, blessed be Almighty
God for the same, and considering the uncertainty of this transitory
life, do hereby make and ordain this my last will and testament
in manner and form following/To wit/
1st I bequeath my soul to God who gave it, and my body
to the dust from whence it was taken to be buried in a decent
and Christian like manner. And as to such wordly property as
it has pleased Almighty God to bless us with, after my debts
and funeral expenses are paid, it is my will that it be disposed
of as follows /To wit/ 1st I give and bequeath to my beloved wife
Polly Brown out of my personal property all my household
and kitchen and cupboard furniture, including beds and bedding
and one hundred dollars in money to dispose of at her option
excepting one mantle clock, one Rifle gun, one copper kettle
and one double coverlet.
2nd I give and bequeath to my daughter Nancy, wife of Lewis Lott
Twenty five dollars in addition to who she has got
3rd I give and bequeath to my son Joseph Brown in addition to
what he has heretofore got the sum of one dollar
4th I give and bequeath to my son John W. Brown in addition to
what he has already got the sum of One hundred dollars
5th I give and bequeath to my son James H Brown in addition
what he has already got the sum of Twenty five dollars
6th I give and bequeath to my grand daughter Mary Catherine
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 91)
Description
[page 91]
[corresponds to unnumbered page 39 of Will Book 3]
Randolph the sum of Twenty five dollars
7th I give and bequeath to my son William Brown in addition to what
he has already got, the sum of Twenty five dollars
8th I give and bequeath to my grandson Wilber Lot the sum of
Twenty five dollars
9th I give and bequeath to my son Lemander H Brown in addi-
-tion to what he has already got, the sum of One hundred dollars
10th I give and bequeath to my daughter Harriet wife of John
Rogers in addition to what she has already got, the sum of Ninety
dollars and our large copper kettle.
11th I give and bequeath to my son Wesley Brown in addition
to what he has already got, the sum of Three hundred dollars
and one double coverlet
12th I give and bequeath to my son David Brown with whom
I now reside in addition to what he has heretofore got, the sum of
Fifty dollars
Lastly I nominate, constitute and appoint Robert Ferguson
to be the Executor of this my last will and testament this
Twenty second day of December One thousand Eight hundred
and forty Eight" John Brown [seal]
Signed Sealed and acknowledged by the testator in the presence of us
Daniel Maxwell
Katherine Decker
The State of Ohio Delaware County SS,
Court of Common Pleas October Term 1851
Personally appeared in open Court Daniel Maxwell &
Catherine Decker who being duly sworn depose and say that
the paper before them purpoting to be the last will and
testament of John Brown now deceased was by the said
John Brown 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 Daniel Maxwell
Katherine Decker
Sworn to and subscribed in Open Court this 21 day of October AD 1851
G.W. Stark Clerk
[corresponds to unnumbered page 39 of Will Book 3]
Randolph the sum of Twenty five dollars
7th I give and bequeath to my son William Brown in addition to what
he has already got, the sum of Twenty five dollars
8th I give and bequeath to my grandson Wilber Lot the sum of
Twenty five dollars
9th I give and bequeath to my son Lemander H Brown in addi-
-tion to what he has already got, the sum of One hundred dollars
10th I give and bequeath to my daughter Harriet wife of John
Rogers in addition to what she has already got, the sum of Ninety
dollars and our large copper kettle.
11th I give and bequeath to my son Wesley Brown in addition
to what he has already got, the sum of Three hundred dollars
and one double coverlet
12th I give and bequeath to my son David Brown with whom
I now reside in addition to what he has heretofore got, the sum of
Fifty dollars
Lastly I nominate, constitute and appoint Robert Ferguson
to be the Executor of this my last will and testament this
Twenty second day of December One thousand Eight hundred
and forty Eight" John Brown [seal]
Signed Sealed and acknowledged by the testator in the presence of us
Daniel Maxwell
Katherine Decker
The State of Ohio Delaware County SS,
Court of Common Pleas October Term 1851
Personally appeared in open Court Daniel Maxwell &
Catherine Decker who being duly sworn depose and say that
the paper before them purpoting to be the last will and
testament of John Brown now deceased was by the said
John Brown 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 Daniel Maxwell
Katherine Decker
Sworn to and subscribed in Open Court this 21 day of October AD 1851
G.W. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 92)
Description
[page 92]
[corresponds to page 40 of Will Book 3]
40 Joseph Klinker decd Will
Pleas held at the County House in the Town of Delaware
in the County of Delaware and State of Ohio before the
Honorable Ozias Bowen President and Almon Stark, Caleb
Howard and Frederick Avery his Associates, Judges of the
Court of Common Pleas within and for said County and State
on the Twenty first day of October AD One thousand Eight
hundred and fifty one
"This day the last will and testament of Joseph Klinker
decd was produced in open Court and proved by the testamony of
Luff S Hull one of the subscribing witness thereto as reduced
to writing. /SS Winsor the other subscribing Witness there to
being absent/And it appearing to the court that the testator was
at the time of executing the same of lawful age, sound and
disposing mind, memory and understanding, and acting under
no restraint. ['it was ordered that the same be recorded' scratched out]
"And after and on the twenty fifth day of October AD One
thousand Eight hundred and fifty one, the following order
was had and entered to wit
"this day appeared in open Court Stanton S Winsor one of
the subscribing witnesses to the last will and testament of
Joseph Klinker decd / the testimony of Luff S Hull the other
subscribing witness having already been taken at this term
and makes oath that the said Joseph Klinker was at the time
of executing said will of sound and disposing mind and memory
of lawful age, and acting under no restraint whatever. It is
ordered that the said testimony be received and said will ordered to
be recorded.
"Which will and proof as follows to wit
In the name of God- I Joseph Klinker of the County of
Delaware and State of Ohio do make and publish this my last
Will and testament
1st It is my will that all my funeral expenses and legal debts
be fully paid
2nd I give and bequeath to my wife Mary Klinker is lieu
of her dower the use of the Home farm on which I now reside
so long as she shall remain my widow. Also one old sorrel
mare, Buggy, and Buggy harness. Two Cows, Eight Sheep,
and all my household and kitchen furniture_, Except Two beds,
Bedstead and Bedding.
4th I give to my son Joseph Klinker, the three year old dun
mare_ the smallest Sorrel yearling horse colt, one Bed Bedding and
Bedstead.
5th I give unto my two Sons, Mathias and Joseph Klinker equally
all my real estate_
6th It is also my will that my personal property not otherwise disposed
of shall be applied to the payment of my just debts.
[corresponds to page 40 of Will Book 3]
40 Joseph Klinker decd Will
Pleas held at the County House in the Town of Delaware
in the County of Delaware and State of Ohio before the
Honorable Ozias Bowen President and Almon Stark, Caleb
Howard and Frederick Avery his Associates, Judges of the
Court of Common Pleas within and for said County and State
on the Twenty first day of October AD One thousand Eight
hundred and fifty one
"This day the last will and testament of Joseph Klinker
decd was produced in open Court and proved by the testamony of
Luff S Hull one of the subscribing witness thereto as reduced
to writing. /SS Winsor the other subscribing Witness there to
being absent/And it appearing to the court that the testator was
at the time of executing the same of lawful age, sound and
disposing mind, memory and understanding, and acting under
no restraint. ['it was ordered that the same be recorded' scratched out]
"And after and on the twenty fifth day of October AD One
thousand Eight hundred and fifty one, the following order
was had and entered to wit
"this day appeared in open Court Stanton S Winsor one of
the subscribing witnesses to the last will and testament of
Joseph Klinker decd / the testimony of Luff S Hull the other
subscribing witness having already been taken at this term
and makes oath that the said Joseph Klinker was at the time
of executing said will of sound and disposing mind and memory
of lawful age, and acting under no restraint whatever. It is
ordered that the said testimony be received and said will ordered to
be recorded.
"Which will and proof as follows to wit
In the name of God- I Joseph Klinker of the County of
Delaware and State of Ohio do make and publish this my last
Will and testament
1st It is my will that all my funeral expenses and legal debts
be fully paid
2nd I give and bequeath to my wife Mary Klinker is lieu
of her dower the use of the Home farm on which I now reside
so long as she shall remain my widow. Also one old sorrel
mare, Buggy, and Buggy harness. Two Cows, Eight Sheep,
and all my household and kitchen furniture_, Except Two beds,
Bedstead and Bedding.
4th I give to my son Joseph Klinker, the three year old dun
mare_ the smallest Sorrel yearling horse colt, one Bed Bedding and
Bedstead.
5th I give unto my two Sons, Mathias and Joseph Klinker equally
all my real estate_
6th It is also my will that my personal property not otherwise disposed
of shall be applied to the payment of my just debts.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 93)
Description
[page 93]
[corresponds to page 41 of Will Book 3]
41
Lastly, I do hereby nominate and appoint my son Joseph Klinker
Executor of this my last will and testament, hereby authorizing and emp=
owering him to compromise, adjust, release and discharge in Such manner
as he may deem proper, the debts and claims due me. I also authorize
and empower him if it shall become necessary in order to pay my debts, to
Sell, by private Sale, or in such manner, upon such terms of credit, or
otherwise, as he may think proper, all or any part of my Real Estate and
deeds to purchasers to execute acknowledge and deliver in fee Simple._
In testimony whereof I have hereunto set my hand and Seal this 12th
day of August in the year of our Lord one thousand Eight hundred and
fifty one. Joseph Klinker [Seal]
Signed and acknowledged by Said Joseph Klinker as his last will and
testament in our presence and Signed by us in his presence.
S.S. Winsor
L.S. Hull
The State of Ohio Delaware County SS
Court of Common Pleas October Term AD 1851
Personally appeared in open Court Luff S. Hull who being
duly sworn deposes and says that the paper before him purporting
to be the last will and testament of Joseph Klinker now
deceased, was by the said Joseph Klinker acknowledged and
published and declared to be his last will and testament
in the presence of this deponent and one S S Winsor the other
witness to said will- that the said deceased was of lawful age
that he was of sound and disposing mind and memory and
under no constraint as he verily believes-that he subscribes the same
as witness in the presence and at the request of the testator and of
S.S Winsor the other subscribing witness thereto who is now absent
from the State of Ohio " L.S. Hull
Sworn to and subscribed in Open Court this 21st day of October
AD 1851 _ GW Stark, Clerk.
The State of Ohio Delaware County SS
Court of Common Pleas, October Term AD 1851
Personally appeared in open Court Stanton S Winsor who
being duly sworn deposes and says that the paper before him
purporting to be the last will and testament of Joseph
Klinker now deceased was by the said Joseph Klinker ac-
=knowledged publishes and declares to be his last will and
testament in the presence of the deponent and Luff S Hull
the other witness thereto, that the deceased was of lawful
age under no restraint as he verily believes, and that said
Luff S Hull & Stanton S Winsor Subscribes the same
as witnesses in the presence and at the request of the testator
and in the presence of each other " SS Winsor
Subscribed and sworn to in open Court this 29th day of October AD 1851
GW Stark Clerk
[corresponds to page 41 of Will Book 3]
41
Lastly, I do hereby nominate and appoint my son Joseph Klinker
Executor of this my last will and testament, hereby authorizing and emp=
owering him to compromise, adjust, release and discharge in Such manner
as he may deem proper, the debts and claims due me. I also authorize
and empower him if it shall become necessary in order to pay my debts, to
Sell, by private Sale, or in such manner, upon such terms of credit, or
otherwise, as he may think proper, all or any part of my Real Estate and
deeds to purchasers to execute acknowledge and deliver in fee Simple._
In testimony whereof I have hereunto set my hand and Seal this 12th
day of August in the year of our Lord one thousand Eight hundred and
fifty one. Joseph Klinker [Seal]
Signed and acknowledged by Said Joseph Klinker as his last will and
testament in our presence and Signed by us in his presence.
S.S. Winsor
L.S. Hull
The State of Ohio Delaware County SS
Court of Common Pleas October Term AD 1851
Personally appeared in open Court Luff S. Hull who being
duly sworn deposes and says that the paper before him purporting
to be the last will and testament of Joseph Klinker now
deceased, was by the said Joseph Klinker acknowledged and
published and declared to be his last will and testament
in the presence of this deponent and one S S Winsor the other
witness to said will- that the said deceased was of lawful age
that he was of sound and disposing mind and memory and
under no constraint as he verily believes-that he subscribes the same
as witness in the presence and at the request of the testator and of
S.S Winsor the other subscribing witness thereto who is now absent
from the State of Ohio " L.S. Hull
Sworn to and subscribed in Open Court this 21st day of October
AD 1851 _ GW Stark, Clerk.
The State of Ohio Delaware County SS
Court of Common Pleas, October Term AD 1851
Personally appeared in open Court Stanton S Winsor who
being duly sworn deposes and says that the paper before him
purporting to be the last will and testament of Joseph
Klinker now deceased was by the said Joseph Klinker ac-
=knowledged publishes and declares to be his last will and
testament in the presence of the deponent and Luff S Hull
the other witness thereto, that the deceased was of lawful
age under no restraint as he verily believes, and that said
Luff S Hull & Stanton S Winsor Subscribes the same
as witnesses in the presence and at the request of the testator
and in the presence of each other " SS Winsor
Subscribed and sworn to in open Court this 29th day of October AD 1851
GW Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 94)
Description
[page 94]
[corresponds to page 42 of Will Book 3]
42 Andrew Young decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associates, Judges of the Court of Common Pleas within
and for said County and State on the Twenty first day of October
AD One thousand Eight hundred and fifty one
" This day the last will and testament of Andrew Young 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. And thereupon came Samuel Carver
and George W Wells, the Executors in said Will names and
accepted said trust whereupon it is ordered that said Executor
enter into bonds in the sum of Four hindred dollars, with
Lewis Searles and E Westervelt as Security. And it is
further ordered that Hurlburt Scoville G. B Carpenter
and John Nelson appraise the personal property of said
Estate"
" I Andrew Young in the County of Delaware in the State
of Ohio, do make and publish this my last will and testament
in manner and form following that is to say_
First it is my will that my funeral expenses and all my just
debts be fully paid_ Second I give devise and bequeath to my
beloved wife P Young in lieu of her dower the plantation on
which we now reside containing Fifty acres during her natural
life, and all the live stock, horses and cattle, Sheap, hogs &
by me now ownd and keep thereon. Also all the Household furniture
and other items not particulary named and not 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
or mariage 2 thirds of the landed property hereby devised or
bequeathed to my sister Polly Carver & her ares and assigns
forever living in Luzen County State of Pennsylvania, Kingston
and likewise I give to my brother Elijah Young all the book
account I have against him amd nothing more. And lastly
I hereby constitute and appoint George W Wells and Samuel
Carver Esq. to be the Executors of this my last will and testament
revoking and annuling all former wills by me made &
ratifying and confirming this and no other to be my last will and
testament in testimony whereof I have hereunto set my hand
this 21st day of May in the year of our Lord 1851. _ Signed
published and declared by the above named A Young as and for
his last will and testament in presance of us who at his
request have signed as witnesses to the same. "Andrew Young'
attest Jeremiah Ellinwood
Jeremiah Buell
[corresponds to page 42 of Will Book 3]
42 Andrew Young decd Will
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associates, Judges of the Court of Common Pleas within
and for said County and State on the Twenty first day of October
AD One thousand Eight hundred and fifty one
" This day the last will and testament of Andrew Young 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. And thereupon came Samuel Carver
and George W Wells, the Executors in said Will names and
accepted said trust whereupon it is ordered that said Executor
enter into bonds in the sum of Four hindred dollars, with
Lewis Searles and E Westervelt as Security. And it is
further ordered that Hurlburt Scoville G. B Carpenter
and John Nelson appraise the personal property of said
Estate"
" I Andrew Young in the County of Delaware in the State
of Ohio, do make and publish this my last will and testament
in manner and form following that is to say_
First it is my will that my funeral expenses and all my just
debts be fully paid_ Second I give devise and bequeath to my
beloved wife P Young in lieu of her dower the plantation on
which we now reside containing Fifty acres during her natural
life, and all the live stock, horses and cattle, Sheap, hogs &
by me now ownd and keep thereon. Also all the Household furniture
and other items not particulary named and not 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
or mariage 2 thirds of the landed property hereby devised or
bequeathed to my sister Polly Carver & her ares and assigns
forever living in Luzen County State of Pennsylvania, Kingston
and likewise I give to my brother Elijah Young all the book
account I have against him amd nothing more. And lastly
I hereby constitute and appoint George W Wells and Samuel
Carver Esq. to be the Executors of this my last will and testament
revoking and annuling all former wills by me made &
ratifying and confirming this and no other to be my last will and
testament in testimony whereof I have hereunto set my hand
this 21st day of May in the year of our Lord 1851. _ Signed
published and declared by the above named A Young as and for
his last will and testament in presance of us who at his
request have signed as witnesses to the same. "Andrew Young'
attest Jeremiah Ellinwood
Jeremiah Buell
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 95)
Description
[page 95]
[corresponds to page 43 of Will Book 3]
43
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851.
Personally appeared in open Court Jeremiah Ellinwood & Jeremiah
Buell who being duly sworn depose and say that the paper before
them purporting to be the last will and testament of Andrew Young
now deceased was by the said Andrew Young 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 of and at the request of
the testator, and in the presence of each other
Jeremiah Ellinwood
Jeremiah Buell
Sworn to and subscribed in open Court this 21st day of October
AD 1851 G.W. Stark Clerk
________________________
John Williams dec'd Will
________________________
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President, and Almon Stark, Caleb Howard and Frederick
Avery his Associates, Judges of the Court of Common Pleas within
and for said County and State,- on the Twenty fourth day of October
AD One thousand Eight hundred and fifty one
This day the last will and testament of John Williams
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. And thereupon William Williams and
Otho Williams the Executors in said Will named appeared
in open Court and accepted said testamoney- Said Executors are
ordered to enter into bonds in the sum of Ten thousand dollars
with Benjamin F Loofburrow and Benjamin Ely as Security
And it is further ordered that Samuel C Weeks, Joseph Russell
and Thomas Lavender appraise the personal property of said
Estate. The widow of said deceased electing to take under said
Will as per file
"In the Benevolent Father of All
I John Williams of the township of Thompson Delaware
County Ohio do make and publish this my last Will and testament
Item 1st It is my desire that all my just debts and
funeral expenses be first paid out of my estate."
Item 2nd I give and bequeath to my oldest daughter Angeline
[corresponds to page 43 of Will Book 3]
43
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851.
Personally appeared in open Court Jeremiah Ellinwood & Jeremiah
Buell who being duly sworn depose and say that the paper before
them purporting to be the last will and testament of Andrew Young
now deceased was by the said Andrew Young 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 of and at the request of
the testator, and in the presence of each other
Jeremiah Ellinwood
Jeremiah Buell
Sworn to and subscribed in open Court this 21st day of October
AD 1851 G.W. Stark Clerk
________________________
John Williams dec'd Will
________________________
Pleas held at the Court House in Delaware, Delaware
County and State of Ohio before the Honorable Ozias Bowen
President, and Almon Stark, Caleb Howard and Frederick
Avery his Associates, Judges of the Court of Common Pleas within
and for said County and State,- on the Twenty fourth day of October
AD One thousand Eight hundred and fifty one
This day the last will and testament of John Williams
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. And thereupon William Williams and
Otho Williams the Executors in said Will named appeared
in open Court and accepted said testamoney- Said Executors are
ordered to enter into bonds in the sum of Ten thousand dollars
with Benjamin F Loofburrow and Benjamin Ely as Security
And it is further ordered that Samuel C Weeks, Joseph Russell
and Thomas Lavender appraise the personal property of said
Estate. The widow of said deceased electing to take under said
Will as per file
"In the Benevolent Father of All
I John Williams of the township of Thompson Delaware
County Ohio do make and publish this my last Will and testament
Item 1st It is my desire that all my just debts and
funeral expenses be first paid out of my estate."
Item 2nd I give and bequeath to my oldest daughter Angeline
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 96)
Description
[page 96]
[corresponds to page 44 of Will Book 3]
44
Findley wife of George Findley Four Hundred dollars in
money in addition to what she has already received
Item 3rd I give and bequeath to my second daughter
Elizabeth Six hundred dollars in money
Item 4th I give and bequeath to my daughter Ann Eliza
Six Hundred dollars in money
Item 5th I give and bequeath to my daughter Nancy Elen
Six hundred dollars in money
Item 6th I devise and bequeath to my two sons Otho Williams
and John W Williams and their heirs forever the farm on
which my son John now resides. Situated in Range '20'
Tp. 6. Sec 3 lots 14 & 15 being in Radnor Tp and known
as the Fulton farm, containing about one hundred and
Eighty three acres subject to the restrictions and incumbrances
herein after mentioned.
Item 7th I give and devise to my beloved wife Anne Williams
in lieu of her dower the use of the farm on which we now reside
situate in Thompson Township, County aforesaid. Known as the
Hoskins farm, containing about Two hundred and five acres
during her natural life subject to the restrictions and conditions
herein after mentioned, and I give her all the household goods
kitchen furniture that may be in the place at the time of my death
and I give her two head of horses, four milk cows and twenty
head of sheep. at the death of my said wife the real Estate
aforesaid I give and divise to my sons Zara C Williams and
Clark E Williams and to their heirs forever in equal proportions
and if either or any of my four sons should die without issue the
real Estate devised in the will to him or them shall go to my other
surviving sons and their heirs forever, and in case my said wife
should again marry, she shall in that event be endowered of one equal
third part in value of said Hoskins farm, and the remaining two thirds
go immediately to my sons Zara & Clark It is my desire that
all the personal property not bequeathed to my said wife consisting
of farming utentials, horses, cattle and other stock & so forth be kept
on the farm for the support and maintance of the family and for the
purposes hereinafter mentioned until any youngest child is of age
and then to be divided as follows, to wit, one third to my wife, and
the residue to be equally divided between my said sons. If my wife
should not survive me, then I devise the Haskins farm to my two
sons Zara & Clark and their heirs forever.
Item 8th It is my desire that my said farms should remain
undivided and not be sold in any event until my youngest child
comes of age- and for the purposes of enabling my wife and sons
to pay off the legacies and bequests made in items 2,3,4 & 5, and said
farms from being sold they shall be paid at the time and in the manner
following to wit ' The bequest made in item 2 to my daughter
[corresponds to page 44 of Will Book 3]
44
Findley wife of George Findley Four Hundred dollars in
money in addition to what she has already received
Item 3rd I give and bequeath to my second daughter
Elizabeth Six hundred dollars in money
Item 4th I give and bequeath to my daughter Ann Eliza
Six Hundred dollars in money
Item 5th I give and bequeath to my daughter Nancy Elen
Six hundred dollars in money
Item 6th I devise and bequeath to my two sons Otho Williams
and John W Williams and their heirs forever the farm on
which my son John now resides. Situated in Range '20'
Tp. 6. Sec 3 lots 14 & 15 being in Radnor Tp and known
as the Fulton farm, containing about one hundred and
Eighty three acres subject to the restrictions and incumbrances
herein after mentioned.
Item 7th I give and devise to my beloved wife Anne Williams
in lieu of her dower the use of the farm on which we now reside
situate in Thompson Township, County aforesaid. Known as the
Hoskins farm, containing about Two hundred and five acres
during her natural life subject to the restrictions and conditions
herein after mentioned, and I give her all the household goods
kitchen furniture that may be in the place at the time of my death
and I give her two head of horses, four milk cows and twenty
head of sheep. at the death of my said wife the real Estate
aforesaid I give and divise to my sons Zara C Williams and
Clark E Williams and to their heirs forever in equal proportions
and if either or any of my four sons should die without issue the
real Estate devised in the will to him or them shall go to my other
surviving sons and their heirs forever, and in case my said wife
should again marry, she shall in that event be endowered of one equal
third part in value of said Hoskins farm, and the remaining two thirds
go immediately to my sons Zara & Clark It is my desire that
all the personal property not bequeathed to my said wife consisting
of farming utentials, horses, cattle and other stock & so forth be kept
on the farm for the support and maintance of the family and for the
purposes hereinafter mentioned until any youngest child is of age
and then to be divided as follows, to wit, one third to my wife, and
the residue to be equally divided between my said sons. If my wife
should not survive me, then I devise the Haskins farm to my two
sons Zara & Clark and their heirs forever.
Item 8th It is my desire that my said farms should remain
undivided and not be sold in any event until my youngest child
comes of age- and for the purposes of enabling my wife and sons
to pay off the legacies and bequests made in items 2,3,4 & 5, and said
farms from being sold they shall be paid at the time and in the manner
following to wit ' The bequest made in item 2 to my daughter
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 97)
Description
[page 97]
[corresponds to page 45 of Will Book 3]
45
Angeline shall be paid in two years after my death. The bequest
made to my daughter Elizabeth in item 3 shall be paid in four years
after my death, and the bequests made in items 4 & 5 shall be paid
to my daughter Anneliza & Nancy Ellen as they respectively
come of age unless they should be able to pay them off sooner in
which case it is my desire that it should be done-It is my desire
further that my said farms should be worked and cultivated in
common by my family under the supervision of my wife as long
as she remains my widow and sons Otho and John until said legacies
are paid. And they are hereby authorized to sell all surplus produce
raised upon said farms not needed for the support and maintance
of my wife and family including my afflicted son Zara, and
all live stock not needed for carrying on the business of farming
from time to time as they may deem advisable. My unmarried
daughters are each to have in addition to the legacies bequeathed
them in legacies items 3,4, & 5 to be paid in the same manner
as they respectively come of age, each one side saddle,
one cow, one bed and bedding, one set of chairs, one Bureau
& so forth.
Item 9th I do hereby nominate and appoint my beloved wife
Guardian for my minor children until they respectively arrive
at full age or should marry. And I do hereby enjoin my said
Guardian to give my said children a good English education and
to rear them in habits of industry and inculcate upon them as
far as may be the duties of Christianity.
Item 10th. I do hereby nominate and appoint my brother
William Williams and my son Otho Williams Executors of this
my last will and testament, hereby authorizing and empowering
them to compromise, adjust, release and discharge in such manner as they
may deem 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 or the
legacies provided for in this will to sell by private sale or in such manner as
they may think proper so much of my real estate as may be necessary for
the purposes aforesaid and execute deeds in fee simple to purchases & so forth,
and in case it Should be necessary to sell real estate for the purposes afore
=Said it shall be in such manner and upon such conditions as to bear equally
upon my four Sons.
I do hereby revoke all former wills by me made. In testimony whereof
I have hereunto set my hand and Seal this 30th. day of May AD 1851.
Signed and acknowledged John Williams [seal]
by said John Williams as
his last will & testament in
our presence._
Nicholas Jones
Jedediah Allen
James R Hubbell
[corresponds to page 45 of Will Book 3]
45
Angeline shall be paid in two years after my death. The bequest
made to my daughter Elizabeth in item 3 shall be paid in four years
after my death, and the bequests made in items 4 & 5 shall be paid
to my daughter Anneliza & Nancy Ellen as they respectively
come of age unless they should be able to pay them off sooner in
which case it is my desire that it should be done-It is my desire
further that my said farms should be worked and cultivated in
common by my family under the supervision of my wife as long
as she remains my widow and sons Otho and John until said legacies
are paid. And they are hereby authorized to sell all surplus produce
raised upon said farms not needed for the support and maintance
of my wife and family including my afflicted son Zara, and
all live stock not needed for carrying on the business of farming
from time to time as they may deem advisable. My unmarried
daughters are each to have in addition to the legacies bequeathed
them in legacies items 3,4, & 5 to be paid in the same manner
as they respectively come of age, each one side saddle,
one cow, one bed and bedding, one set of chairs, one Bureau
& so forth.
Item 9th I do hereby nominate and appoint my beloved wife
Guardian for my minor children until they respectively arrive
at full age or should marry. And I do hereby enjoin my said
Guardian to give my said children a good English education and
to rear them in habits of industry and inculcate upon them as
far as may be the duties of Christianity.
Item 10th. I do hereby nominate and appoint my brother
William Williams and my son Otho Williams Executors of this
my last will and testament, hereby authorizing and empowering
them to compromise, adjust, release and discharge in such manner as they
may deem 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 or the
legacies provided for in this will to sell by private sale or in such manner as
they may think proper so much of my real estate as may be necessary for
the purposes aforesaid and execute deeds in fee simple to purchases & so forth,
and in case it Should be necessary to sell real estate for the purposes afore
=Said it shall be in such manner and upon such conditions as to bear equally
upon my four Sons.
I do hereby revoke all former wills by me made. In testimony whereof
I have hereunto set my hand and Seal this 30th. day of May AD 1851.
Signed and acknowledged John Williams [seal]
by said John Williams as
his last will & testament in
our presence._
Nicholas Jones
Jedediah Allen
James R Hubbell
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 98)
Description
[page 98]
[corresponds to page 46 of Will Book 3]
46
Whereas I John Williams of Thompson Township
Delaware County Ohio on the 39th day of May AD 1851, made
my last will and testament of that day do hereby declare the
following to be a codicil to the same
Item 1st I do hereby grant and bequeath to my three sons Zara
C. Otho and Clark E Williams the property real and personal
bequeathed and devised to my son John W Williams now
deceased to be equally divided between them
Item 2. I give and bequeath to Elizabeth Williams widow
of my deceased son John W Williams Fifty dollars to be paid
in the same manner the legacies are to be paid to my daughters
as provided in my said will to be paid by my said Executors
to her when she may nee the same. And I desire that she Should
live in the family and also be supported and maintained in the same
manner as my own children as supported as long as she remains
the widow of my said son John W Williams and should choose
to do so. And if said Elizabeth Williams Widow aforesaid should
have a posthumous child the son or daughter of the said John
W Williams and live to the age of 7 years, in that case I give
and bequeath to the same Three hundred dollars to be paid
when the child arrives at the age of seven years aforesaid in the
same manner as provided for the payment of the other legacies
made in this
Item 3. I do hereby authorize my said Executor to rent, lease
or sell any or all of the Real Estate divided by this will and execute
leases or deeds of conveyance for the same as the case may be
whenever it should be deemed advisable to do so by the
adult members of my family. In testimony whereof I
John Williams have hereunto set my hand and Seal this 13th
day of September AD 1851. John Williams
Signed and acknowledged by said John Williams as a codicil to
his last will and testament in our presence and signed by
him in his presence" J R. Hubbel
Samuel C Weeks
The State of Ohio Delaware County SS
Court if Common Pleas October Term 1851.
Personally appeared in open Court James R Hubbell and
Jedediah Allen who being duly sworn depose and say that the
paper before them purporting to be the last will and testament of
John Williams now deceased was by the said John Williams
acknowledged as 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 was 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
[corresponds to page 46 of Will Book 3]
46
Whereas I John Williams of Thompson Township
Delaware County Ohio on the 39th day of May AD 1851, made
my last will and testament of that day do hereby declare the
following to be a codicil to the same
Item 1st I do hereby grant and bequeath to my three sons Zara
C. Otho and Clark E Williams the property real and personal
bequeathed and devised to my son John W Williams now
deceased to be equally divided between them
Item 2. I give and bequeath to Elizabeth Williams widow
of my deceased son John W Williams Fifty dollars to be paid
in the same manner the legacies are to be paid to my daughters
as provided in my said will to be paid by my said Executors
to her when she may nee the same. And I desire that she Should
live in the family and also be supported and maintained in the same
manner as my own children as supported as long as she remains
the widow of my said son John W Williams and should choose
to do so. And if said Elizabeth Williams Widow aforesaid should
have a posthumous child the son or daughter of the said John
W Williams and live to the age of 7 years, in that case I give
and bequeath to the same Three hundred dollars to be paid
when the child arrives at the age of seven years aforesaid in the
same manner as provided for the payment of the other legacies
made in this
Item 3. I do hereby authorize my said Executor to rent, lease
or sell any or all of the Real Estate divided by this will and execute
leases or deeds of conveyance for the same as the case may be
whenever it should be deemed advisable to do so by the
adult members of my family. In testimony whereof I
John Williams have hereunto set my hand and Seal this 13th
day of September AD 1851. John Williams
Signed and acknowledged by said John Williams as a codicil to
his last will and testament in our presence and signed by
him in his presence" J R. Hubbel
Samuel C Weeks
The State of Ohio Delaware County SS
Court if Common Pleas October Term 1851.
Personally appeared in open Court James R Hubbell and
Jedediah Allen who being duly sworn depose and say that the
paper before them purporting to be the last will and testament of
John Williams now deceased was by the said John Williams
acknowledged as 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 was 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
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 99)
Description
[page 99]
[corresponds to page 47 of Will Book 3]
47
"J R. Hubbell J. Allen." Sworn to and subscribed in open
Court this 20th day of October AD 1851
The State of Ohio Delaware County SS
Court of Common Pleas, Oct Term 1851.
Personally appeared in open Court James R Hubbell and Samuel
C Weeks who being duly sworn depose and say that the paper
before them purporting to be a codicil of the last will and testament of
John Williams now 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 the said
deceased was of lawful age, that he was if 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
J R Hubbell
Samuel C Weeks
Sworn to and subscriber in open Court this 22nd day of October
AD 1851 G.W. Stark Clerk
________________________________________________________________
Frederick Browmiller decd Will
________________________________________________________________
Pleas held at the Court House in Delaware, Delaware
County and the State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associates Judges of the Court of Common Pleas
within and for said County and State on the Twenty second day
of October AD One thousand Eight hundred and fifty one
This day the last will and testament of Frederick Browmiller
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
"In the name of God Amen. I Frederick Browmiller of the
County of Delaware in the State of Ohio being of sound and dis-
=posing mind and understanding considering the certainty of death
and the uncertainty of the time thereof, and being desirous to settle
my wordly affairs and thereby be better prepared to leave this
world when it shall please God to call me home, do therefore
make and publish this my last will and testament
First and principally I commit my soul into the hands of
Almighty God and my body to the Earth to be decently buried
at the discretion of my Executor herein after mentioned and
[corresponds to page 47 of Will Book 3]
47
"J R. Hubbell J. Allen." Sworn to and subscribed in open
Court this 20th day of October AD 1851
The State of Ohio Delaware County SS
Court of Common Pleas, Oct Term 1851.
Personally appeared in open Court James R Hubbell and Samuel
C Weeks who being duly sworn depose and say that the paper
before them purporting to be a codicil of the last will and testament of
John Williams now 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 the said
deceased was of lawful age, that he was if 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
J R Hubbell
Samuel C Weeks
Sworn to and subscriber in open Court this 22nd day of October
AD 1851 G.W. Stark Clerk
________________________________________________________________
Frederick Browmiller decd Will
________________________________________________________________
Pleas held at the Court House in Delaware, Delaware
County and the State of Ohio before the Honorable Ozias Bowen
President and Almon Stark, Caleb Howard and Frederick
Avery his Associates Judges of the Court of Common Pleas
within and for said County and State on the Twenty second day
of October AD One thousand Eight hundred and fifty one
This day the last will and testament of Frederick Browmiller
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
"In the name of God Amen. I Frederick Browmiller of the
County of Delaware in the State of Ohio being of sound and dis-
=posing mind and understanding considering the certainty of death
and the uncertainty of the time thereof, and being desirous to settle
my wordly affairs and thereby be better prepared to leave this
world when it shall please God to call me home, do therefore
make and publish this my last will and testament
First and principally I commit my soul into the hands of
Almighty God and my body to the Earth to be decently buried
at the discretion of my Executor herein after mentioned and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 100)
Description
[page 100]
[corresponds to page 48 of Will Book 3]
48
after my just debts are paid I devise and bequeath as follows
Item 1 I give and devise unto Barbara my wife all my
personal property both real and personal and mixed
to have and to hold during her natural life
Item 2 At the death of my wife I wish my property to be
divided equally among my legally heirs upon condition of their
supporting my Daughter Sarah During her life If not I Devise unto my
Daughter Sarah a support out of my real estate as long as she shall live
And lastly I do hereby appoint my son Reuben to be my sole Executor of
this my last will and testament revoking and annulling all former wills by me
made ratifying and confirming this and none other to be my last will and testament
In testimony whereof I have hereunto set my hand and affixed my seal
this 9th day of April 1851
Signed in the presence of is as
witnesses at his request Frederic Browmiller [Seal]
Basil Lugenbeel
George Neff
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851.
Personally appeared in open Court Basil Lugenbeel & George
Neff who being duly sworn depose and say that the paper before
them purporting to be the last will and testament of Frederick
Browmiller now deceased was by the said Frederick Browmiller
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
the same as witnesses in the presence and at the request of the testator
and in the presence of each other " Basil Lugenbeel
George Neff
Sworn to and subscribed in open Court this 22nd day of October AD 1851
G.W.
________________________________________________________________________
[corresponds to page 48 of Will Book 3]
48
after my just debts are paid I devise and bequeath as follows
Item 1 I give and devise unto Barbara my wife all my
personal property both real and personal and mixed
to have and to hold during her natural life
Item 2 At the death of my wife I wish my property to be
divided equally among my legally heirs upon condition of their
supporting my Daughter Sarah During her life If not I Devise unto my
Daughter Sarah a support out of my real estate as long as she shall live
And lastly I do hereby appoint my son Reuben to be my sole Executor of
this my last will and testament revoking and annulling all former wills by me
made ratifying and confirming this and none other to be my last will and testament
In testimony whereof I have hereunto set my hand and affixed my seal
this 9th day of April 1851
Signed in the presence of is as
witnesses at his request Frederic Browmiller [Seal]
Basil Lugenbeel
George Neff
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851.
Personally appeared in open Court Basil Lugenbeel & George
Neff who being duly sworn depose and say that the paper before
them purporting to be the last will and testament of Frederick
Browmiller now deceased was by the said Frederick Browmiller
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
the same as witnesses in the presence and at the request of the testator
and in the presence of each other " Basil Lugenbeel
George Neff
Sworn to and subscribed in open Court this 22nd day of October AD 1851
G.W.
________________________________________________________________________
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 101)
Description
[page 101]
[corresponds to page 49 of Will Book 3]
Samuel Jones decd Will 49
Pleas held at the Court House in Delaware. Delaware County
and State of Ohio before the Honorable Ozias Bowen President
and Almon Stark, Caleb Howard and Frederick Avery his assocaites
Judges of the Court of Common Pleas within and for said County and
State on the Twenty first day of October AD one thousand Eight
hundred and fifty one
"This day last will and testament of Samuel Jones desd was
produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing, which was approved and ordered
to be recorded"
And on the Twenty fifth day of October AD One thousand Eight
hundred and fifty one the following order was had and entered
herein to wit
"On application ordered that George Copper be appointed
Administrator with the will annexed- Said Administrators as
ordered to enter bonds in the sum of Three thousand dollars
with John Cook and John Adams as security- And it is
further ordered that Daniel Hunt, Jonathan Batesonand
Jacob Fetters appraise the personal property of said Estate
"In the name of the benevolent father of all, I Samuel
Jones of the township of Harlem, County of Delaware and
State of Ohio, do make and publish this my last will and testa=
=ment
Item 1st I devise and bequeath to my son Jonathan Jones and
my daughter Racheral Jones and their heirs, the farm on which I now
reside, situated in Section Second- township three, Range Sixteen
United States Military Land containing Fifty three acres of land
it being in Harlem Township. Delaware County Ohio during
their natural lifes.
Item 2nd I devise and bequeath to my son Jonathan Jones and
my daughter Rachel Jones, one half of all Stock, household
goods, furniture, provisions, excepting the clock and Burrough
I devise and bequeath to my daughter Rachel Jones and other
goods and chattels which may be thereon at the time of my
decease during their natural life as foresaid they however selling
so much thereof as may be sufficient to pay my just debts, the
said Jonathan Jones and Rachel Jones is not sell nor convey
to any persons the above mentioned farm which I now devise
and bequeath to the above children, at the death of my said son
Jonathan Jones and Rachel Jones, the real Estate aforesaid
and such part of the personal property or the proceeds thereof
as may be then remain unsold and unexpended. I give and devise
to my two daughters Margaret Jones and Catherine Jones and
their heirs
Item 3rd I devise and bequeath to my two daughters Margaret
Jones and Catherine Jones and grand daughter Sarah Linnaberry
[corresponds to page 49 of Will Book 3]
Samuel Jones decd Will 49
Pleas held at the Court House in Delaware. Delaware County
and State of Ohio before the Honorable Ozias Bowen President
and Almon Stark, Caleb Howard and Frederick Avery his assocaites
Judges of the Court of Common Pleas within and for said County and
State on the Twenty first day of October AD one thousand Eight
hundred and fifty one
"This day last will and testament of Samuel Jones desd was
produced in open Court and proved by the testimony of the subscribing
witnesses thereto as reduced to writing, which was approved and ordered
to be recorded"
And on the Twenty fifth day of October AD One thousand Eight
hundred and fifty one the following order was had and entered
herein to wit
"On application ordered that George Copper be appointed
Administrator with the will annexed- Said Administrators as
ordered to enter bonds in the sum of Three thousand dollars
with John Cook and John Adams as security- And it is
further ordered that Daniel Hunt, Jonathan Batesonand
Jacob Fetters appraise the personal property of said Estate
"In the name of the benevolent father of all, I Samuel
Jones of the township of Harlem, County of Delaware and
State of Ohio, do make and publish this my last will and testa=
=ment
Item 1st I devise and bequeath to my son Jonathan Jones and
my daughter Racheral Jones and their heirs, the farm on which I now
reside, situated in Section Second- township three, Range Sixteen
United States Military Land containing Fifty three acres of land
it being in Harlem Township. Delaware County Ohio during
their natural lifes.
Item 2nd I devise and bequeath to my son Jonathan Jones and
my daughter Rachel Jones, one half of all Stock, household
goods, furniture, provisions, excepting the clock and Burrough
I devise and bequeath to my daughter Rachel Jones and other
goods and chattels which may be thereon at the time of my
decease during their natural life as foresaid they however selling
so much thereof as may be sufficient to pay my just debts, the
said Jonathan Jones and Rachel Jones is not sell nor convey
to any persons the above mentioned farm which I now devise
and bequeath to the above children, at the death of my said son
Jonathan Jones and Rachel Jones, the real Estate aforesaid
and such part of the personal property or the proceeds thereof
as may be then remain unsold and unexpended. I give and devise
to my two daughters Margaret Jones and Catherine Jones and
their heirs
Item 3rd I devise and bequeath to my two daughters Margaret
Jones and Catherine Jones and grand daughter Sarah Linnaberry
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 102)
Description
[page 102]
[corresponds to page 50 of Will Book 3]
50
and one half of all my stock household furniture provisions
and other goods and chattels which may be thereon at the time
of my decease during their natural life as forsaid
x
Item 4th I devise and and bequeath to my daughter Elizabeth Adams
and heirs one dollars
Item 5th I devise and bequeath to my sons William Jones his
heirs one dollars
Item 6 I devise and bequeath to my son Samuel Jones Jr
his heirs one dollars
Item 7th I devise and bequeath to my son Michael Jones his
heirs Twenty dollars to be paid by Jonathan Jones and Rachel
Jones, but the said Michael Jones is not to push for his
dower, and if he will push them, the above Twenty dollars
is to be null and void _
In testimony whereof I have hereunto set my hand and seal
this third day of July in the year of our Lord One thousand
his
Eight hundred and fifty one" Samuel x Jones [seal]
mark
Signed and acknowledged by said Samuel Jones as his last
will and testament in our presence and signed by us in his
presence" Samuel G Copper
Edward Hartrum
The State of Ohio Delaware County SS
Court of Common Pleas Oct,, Term AD 1851
Personally appeared in open Court Samuel Copper &
Edmond Hartrum who being duly sworn depose and say that
the paper before them purporting to be the last will and
testament of Samuel Jones now deceased was by the said
Samuel Jones acknowledged published and declared to be
his last will and testament in the presence of these deponents that
the said deceased was of a 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
Samuel G Copper
Edward Hartrum
Sworn to and subscribed in open Court this 21st day of October
AD 1851 GW. Stark Clerk
[corresponds to page 50 of Will Book 3]
50
and one half of all my stock household furniture provisions
and other goods and chattels which may be thereon at the time
of my decease during their natural life as forsaid
x
Item 4th I devise and and bequeath to my daughter Elizabeth Adams
and heirs one dollars
Item 5th I devise and bequeath to my sons William Jones his
heirs one dollars
Item 6 I devise and bequeath to my son Samuel Jones Jr
his heirs one dollars
Item 7th I devise and bequeath to my son Michael Jones his
heirs Twenty dollars to be paid by Jonathan Jones and Rachel
Jones, but the said Michael Jones is not to push for his
dower, and if he will push them, the above Twenty dollars
is to be null and void _
In testimony whereof I have hereunto set my hand and seal
this third day of July in the year of our Lord One thousand
his
Eight hundred and fifty one" Samuel x Jones [seal]
mark
Signed and acknowledged by said Samuel Jones as his last
will and testament in our presence and signed by us in his
presence" Samuel G Copper
Edward Hartrum
The State of Ohio Delaware County SS
Court of Common Pleas Oct,, Term AD 1851
Personally appeared in open Court Samuel Copper &
Edmond Hartrum who being duly sworn depose and say that
the paper before them purporting to be the last will and
testament of Samuel Jones now deceased was by the said
Samuel Jones acknowledged published and declared to be
his last will and testament in the presence of these deponents that
the said deceased was of a 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
Samuel G Copper
Edward Hartrum
Sworn to and subscribed in open Court this 21st day of October
AD 1851 GW. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 103)
Description
[page 103]
[corresponds to page 51 of Will Book 3]
Lewis Williams decd Will 51
Pleas held at the Court House in Delaware, Delaware County
and State of Ohio before the Honorable Ozias Bowen President
and Almon Stark, Caleb Howard and Frederick Avery Esqs
his Associates Judges of the Court of Common Pleas within and
for said County and State on the Twenty first day of October AD
One thousand and Eight hundred and fifty one
This day the last will and testament of Lewis Williams
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, and thereupon Jane Williams Widow of
said deceased and John Humphrey the Executor in said will named
having declined acting as per file ordered that Lewis Williams
and be appointed Adminstrator with the will annexed of said Estate
said Administrator is ordered to enter into bonds in the sum of One
thousand dollars with Abraham Lloyd and Edward Baines
as security_And it is further ordered that Edward Watkins,
Morris Barnes and William Ward appraise the personal property
of said Estate_ and said widow elect to take under said will
as per file
In the name of God Amen
I Lewis Williams of Radnor township in the County
of Delaware and State of Ohio do make and publish that my
last will and testament in manner and form following
that is today_ 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 Mary Williams the farm I now reside
on Situate in Township and County and State aforesaid during her
lifetime also all the Stock and personal property belonging to
me during her lifetime to me during her life time_Third I give devise
and bequeath to my son Lewis Williams the farm I now reside
on situate in Radnor Township Delaware County Ohio
after the death of my wife Mary. Fourth I give devise and
bequeath to my eldest daughter Jane Gibson to be paid in
Three years after the death of my wife Mary by my son Lewis.
Fifth I give devise and bequeath to my youngest daughter
Mary one hundred and fifty dollars to be paid by my son Lewis
in Six years after the death of my wife Mary-Sixth I give devise
and bequeath to my son Lewis all my personal property after the
death of my wife Mary
And lastly I do hereby constitute and appoint my friend John
Humphreys to be 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 and Seal
this 1st day of August AD 1851
Lewis Williams
[corresponds to page 51 of Will Book 3]
Lewis Williams decd Will 51
Pleas held at the Court House in Delaware, Delaware County
and State of Ohio before the Honorable Ozias Bowen President
and Almon Stark, Caleb Howard and Frederick Avery Esqs
his Associates Judges of the Court of Common Pleas within and
for said County and State on the Twenty first day of October AD
One thousand and Eight hundred and fifty one
This day the last will and testament of Lewis Williams
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, and thereupon Jane Williams Widow of
said deceased and John Humphrey the Executor in said will named
having declined acting as per file ordered that Lewis Williams
and be appointed Adminstrator with the will annexed of said Estate
said Administrator is ordered to enter into bonds in the sum of One
thousand dollars with Abraham Lloyd and Edward Baines
as security_And it is further ordered that Edward Watkins,
Morris Barnes and William Ward appraise the personal property
of said Estate_ and said widow elect to take under said will
as per file
In the name of God Amen
I Lewis Williams of Radnor township in the County
of Delaware and State of Ohio do make and publish that my
last will and testament in manner and form following
that is today_ 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 Mary Williams the farm I now reside
on Situate in Township and County and State aforesaid during her
lifetime also all the Stock and personal property belonging to
me during her lifetime to me during her life time_Third I give devise
and bequeath to my son Lewis Williams the farm I now reside
on situate in Radnor Township Delaware County Ohio
after the death of my wife Mary. Fourth I give devise and
bequeath to my eldest daughter Jane Gibson to be paid in
Three years after the death of my wife Mary by my son Lewis.
Fifth I give devise and bequeath to my youngest daughter
Mary one hundred and fifty dollars to be paid by my son Lewis
in Six years after the death of my wife Mary-Sixth I give devise
and bequeath to my son Lewis all my personal property after the
death of my wife Mary
And lastly I do hereby constitute and appoint my friend John
Humphreys to be 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 and Seal
this 1st day of August AD 1851
Lewis Williams
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 104)
Description
[page 104]
[corresponds to page 52 of Will Book 3]
52.
Signed published and declared by the above named
Lewis Williams as and for his last will and testament in
presence of us who at his request have signed as witnesses
to the same " John Humphreys
Abraham Lloyd
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851
Personally appeared in open Court John Humphries and
Abraham Lloyd who being duly sworn dipose and say that
the paper before them purporting to be the last will and testament
of Lewis Williams now deceased, was by the said Lewis Williams
acknowledged published and declared to ge 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 the subscribed the same as witnesses in the
presence and at the request of the testator and in the presence
of each other Abraham Lloyd
John Humphries
Sworn to and subscribed in open Court this 21st day of October
AD 1851_ G.W. Stark Clerk
[corresponds to page 52 of Will Book 3]
52.
Signed published and declared by the above named
Lewis Williams as and for his last will and testament in
presence of us who at his request have signed as witnesses
to the same " John Humphreys
Abraham Lloyd
The State of Ohio Delaware County SS
Court of Common Pleas October Term 1851
Personally appeared in open Court John Humphries and
Abraham Lloyd who being duly sworn dipose and say that
the paper before them purporting to be the last will and testament
of Lewis Williams now deceased, was by the said Lewis Williams
acknowledged published and declared to ge 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 the subscribed the same as witnesses in the
presence and at the request of the testator and in the presence
of each other Abraham Lloyd
John Humphries
Sworn to and subscribed in open Court this 21st day of October
AD 1851_ G.W. Stark Clerk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 105)
Description
[page 105]
[corresponds to page 53 of Will Book 3]
Jacob C. Rosecrans.-Will 53
Proceedings had at the Office of Probate Judge in Delaw-
=are Delaware County & State of Ohio before D.T. Fuller
Probate Judge within and for said County & State on
the fifteenth day of March AD 1852
This day the last Will & testament of Jacob C. Rosecrans
deceased was produced in Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
and it appearing to the Court that the testator at the time
of executing the same was of lawful age of sound and
disposing mind & memory & acting under no rest=
=rain, it was ordered that the same by recorded
And it is further ordered that Amos Utley one of the
executors names in the will (who appeared in open
Court and accepted said trust) enter into bonds in
the sum of $700.00 with Henry Hodgden and
Oliver Stark as surities]-and that John Rosecrans
Joseph Lott & Almon Stark appraise the personal
property of said Estate- Which said will and
proofs are as follows to wit:
I, Jacob C. Rosecrans of the Township of Kings=
=ton County of Delaware in the State of Ohio do
make and publish this my last will & testament
in manner and form following: That is to
say, First it is my will that my funeral expenses
and all my just debts be fully paid. Secondly I
give devise and bequeath to beloved
Rachel Rosecrans one cow six sheep and the use
of all the household furniture, except one bed, bed=
=stead & bedding, during the time she shall remain
my widow, unless my daughter Lucinda should
Marry, in which case she Lucinda is to have one
half of the household furntiure at that time-
Thirdly to my son Stephen Rosecrans all daughter Luci=
=nda Rosecrans all the property the use of which is be=
=queathed to my wife after her death, or she shall cease
to be my widow. Fourthly to my son Stephen Rosecr=
=ans all the live stock on the farm, and all the
farming utensils, and one bed, bedstead & bedding
and also Two hundred dollars, being two notes
of one hundred dollars each payable after my
death decease which I hold against him. Fifthly by all
the rest of my Estate and residue of my Estate is to be
equally divided between my three daughters Mary
Larkin, Hannah Curtis Lucinda Rosecrans and
the heirs of Catharine Pringle_
And lastly I hereby constitute & appoint my son
[corresponds to page 53 of Will Book 3]
Jacob C. Rosecrans.-Will 53
Proceedings had at the Office of Probate Judge in Delaw-
=are Delaware County & State of Ohio before D.T. Fuller
Probate Judge within and for said County & State on
the fifteenth day of March AD 1852
This day the last Will & testament of Jacob C. Rosecrans
deceased was produced in Court & proved by the testimony
of the subscribing witnesses thereto as reduced to writing
and it appearing to the Court that the testator at the time
of executing the same was of lawful age of sound and
disposing mind & memory & acting under no rest=
=rain, it was ordered that the same by recorded
And it is further ordered that Amos Utley one of the
executors names in the will (who appeared in open
Court and accepted said trust) enter into bonds in
the sum of $700.00 with Henry Hodgden and
Oliver Stark as surities]-and that John Rosecrans
Joseph Lott & Almon Stark appraise the personal
property of said Estate- Which said will and
proofs are as follows to wit:
I, Jacob C. Rosecrans of the Township of Kings=
=ton County of Delaware in the State of Ohio do
make and publish this my last will & testament
in manner and form following: That is to
say, First it is my will that my funeral expenses
and all my just debts be fully paid. Secondly I
give devise and bequeath to beloved
Rachel Rosecrans one cow six sheep and the use
of all the household furniture, except one bed, bed=
=stead & bedding, during the time she shall remain
my widow, unless my daughter Lucinda should
Marry, in which case she Lucinda is to have one
half of the household furntiure at that time-
Thirdly to my son Stephen Rosecrans all daughter Luci=
=nda Rosecrans all the property the use of which is be=
=queathed to my wife after her death, or she shall cease
to be my widow. Fourthly to my son Stephen Rosecr=
=ans all the live stock on the farm, and all the
farming utensils, and one bed, bedstead & bedding
and also Two hundred dollars, being two notes
of one hundred dollars each payable after my
death decease which I hold against him. Fifthly by all
the rest of my Estate and residue of my Estate is to be
equally divided between my three daughters Mary
Larkin, Hannah Curtis Lucinda Rosecrans and
the heirs of Catharine Pringle_
And lastly I hereby constitute & appoint my son
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 106)
Description
[page 106]
[corresponds to page 54 of Will Book 3]
54 Jacob C. Rosecrans. Will
Josiah Rosecrans and Amos Utley to be executors
for this my last Will & testament revoking and
annuling all former wills by me made and
ratifying & confirming this and no other to be my
last will and testament
In testimony whereof I have hereunto set ny hand
& seal this 6th day of February 1851
Signed published and delared by the above named
Jacob C. Rosecrans as & for his last will & testament
in presence of us who at his request
have signed as Witnessess to the same
Amos Utley Jacob C. Rosecrans [seal]
Sidney Culver
The State of Ohio Delaware County SS:
Court of Probate March 15th 1852
Personally appeared in Court Amos Utley and
Sidney Culver who being duly sworn depose and
say that the paper before them purporting to be the
last Will & testament of Jacob C. Rosecrans
now deceased was by the said Jacob C. Rosecrans
acknowledged published & 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 & 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
Amos Utley
Sidney Culver
Sworn to & subscribed in open Court this 15th
day of March A.D. 1852
D. T. Fuller
Probate Judge
Last Will & Testament of Mary Pierce.
Proceedings had at the Office of the Probate Judge in Delaware
Delaware County Ohio, before D.T. Fuller Probate Judge written & for
said County & State on the 17th day of April 1852
This day the last Will & Testament of Mary Pierce deceased was
produced in open Court & proved by the subscribing thereto as
reduced to writing: & it appearing to the Court that the testator
at the time of executing the same was of sound & disposing
mind & memory & of lawful age, & acting under no restraint
It was ordered that the same be admitted to probate
and recorded as follows to wit
[corresponds to page 54 of Will Book 3]
54 Jacob C. Rosecrans. Will
Josiah Rosecrans and Amos Utley to be executors
for this my last Will & testament revoking and
annuling all former wills by me made and
ratifying & confirming this and no other to be my
last will and testament
In testimony whereof I have hereunto set ny hand
& seal this 6th day of February 1851
Signed published and delared by the above named
Jacob C. Rosecrans as & for his last will & testament
in presence of us who at his request
have signed as Witnessess to the same
Amos Utley Jacob C. Rosecrans [seal]
Sidney Culver
The State of Ohio Delaware County SS:
Court of Probate March 15th 1852
Personally appeared in Court Amos Utley and
Sidney Culver who being duly sworn depose and
say that the paper before them purporting to be the
last Will & testament of Jacob C. Rosecrans
now deceased was by the said Jacob C. Rosecrans
acknowledged published & 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 & 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
Amos Utley
Sidney Culver
Sworn to & subscribed in open Court this 15th
day of March A.D. 1852
D. T. Fuller
Probate Judge
Last Will & Testament of Mary Pierce.
Proceedings had at the Office of the Probate Judge in Delaware
Delaware County Ohio, before D.T. Fuller Probate Judge written & for
said County & State on the 17th day of April 1852
This day the last Will & Testament of Mary Pierce deceased was
produced in open Court & proved by the subscribing thereto as
reduced to writing: & it appearing to the Court that the testator
at the time of executing the same was of sound & disposing
mind & memory & of lawful age, & acting under no restraint
It was ordered that the same be admitted to probate
and recorded as follows to wit
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 107)
Description
[page 107]
[corresponds to page 55 of Will Book 3]
Mary Pierce's Will 55
December the 10th 1842
I will to my son Alpheus Pierce all my thirds of the
undivided half the land with all the appurtenances there=
=on. Also I will to the said Alpheus the old mare & colt
Also nine sheep and one cow and one pair of steer
calves and four hogs. the said Alpheus is to take care
of me and Sebrey while we live, in sickness or in health
Also I will to my daughter Betsey Hodkins ten dollars
when I and Sebry if done with it Also I will to my
daughter Mercy's children three dollars
Witness Mary Pierce
Norman Kible
Flavel Moses
State of Ohio Delaware County SS:
Court if Probate April 17. 1852
Personally appeared in open Court Norman Kible
& Flavel Moses, who being duly sworn depose & say that
the paper before them purporting to be the last will and testa=
=ment of Mary Pierce now deceased was by the said
Mary Pierce signed acknowledged published and dec=
lared to be her last will & testament in the presence of
these deponents; that the said deceased was of lawful age
that she was of sound 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
Norman Kibley
Flavel Moses
Sworn to & subscribed in open Court this 17th day
of April A.D. 1852-
D.T. Fuller
Probate Judge
of Del. Co. O.
[corresponds to page 55 of Will Book 3]
Mary Pierce's Will 55
December the 10th 1842
I will to my son Alpheus Pierce all my thirds of the
undivided half the land with all the appurtenances there=
=on. Also I will to the said Alpheus the old mare & colt
Also nine sheep and one cow and one pair of steer
calves and four hogs. the said Alpheus is to take care
of me and Sebrey while we live, in sickness or in health
Also I will to my daughter Betsey Hodkins ten dollars
when I and Sebry if done with it Also I will to my
daughter Mercy's children three dollars
Witness Mary Pierce
Norman Kible
Flavel Moses
State of Ohio Delaware County SS:
Court if Probate April 17. 1852
Personally appeared in open Court Norman Kible
& Flavel Moses, who being duly sworn depose & say that
the paper before them purporting to be the last will and testa=
=ment of Mary Pierce now deceased was by the said
Mary Pierce signed acknowledged published and dec=
lared to be her last will & testament in the presence of
these deponents; that the said deceased was of lawful age
that she was of sound 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
Norman Kibley
Flavel Moses
Sworn to & subscribed in open Court this 17th day
of April A.D. 1852-
D.T. Fuller
Probate Judge
of Del. Co. O.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 108)
Description
[page 108]
[corresponds to page 56 of Will Book 3]
56 John Leak Deceased-Will
Proceedings had at the Office of the Porbate Judge
in Delaware, County of Delaware & State of Ohio before
D.T. Fuller Probate Judge withing & for said County on
the 20th day of April A.D. 1852
The last Will & testament of John Leak late of Trenton
Township Delaware County Ohio deceased was this say
produced in Court by Mr. Barnes Attorney for John
M. Leak, and James Stout Gilbert Van Dorn & Robt.
Shannon subscribing witnesses to said Will, appeared
and in open Court on oath testified to the due execution
of said will-whereupon George Shultz, Benjamin Snyder
& J.M. Condit, persons interested, caused a subpena to
be issued for T.A. Watson & other witnesses on opposi=
=tion to the Probate of said Will, and John M. Leak
caused to be subpoenaed John M. Ogden & other witnesses
to sustain said will, all whose testimony was reduced
to writing, and by them respectively subscribed & filed.
And it appearing to the Court by said testimony that said
will was duly attested & executed & that the said testator
at the time of executing the same was of sound mind
& memory & of full age and not under any constraint
It is ordered by the Court that the said will & testimony
of the subscribing witnesses to the same be was recorded-
And thereupon the said John M. Leak the executor in
the will named, signifying his refusal to accept the terms
of executing said will & the certificate of Leak Widow
of the said John Leak being produced to the Court by which
it appears that she declines taking letters of administration
on the estate of her deceased husband & requests the appoi=
=ntment of Robert Wilson, it is therefore further ordered by
that the said Robert Wilson be appointed administrator
with the will annexed on the Estate of the said John Leak
and that Gilbert VanDorn Silas Ogden & B.A. Streeter
appraise the personal property of the said testator-and
it is further ordered that the said Robert Wilson give
Bonds in the sum of $500 with William M. Chandler & John M. Leak
as sureties conditioned according to law, whereupon
the said Robert Wilson appeared in open Court accepted
said appointment and gave bond accordingly
Which said will & proof is as follows to wit:
In the name of the Benevolent Father of All. I, John
Leak of the County of Delaware and State of Ohio do
make & publish this my last will and testament.
1st I give and bequeath to my beloved wife in lieu of her
dower the south half of the farm on which we now
reside for her benefit and use during her natural life
[corresponds to page 56 of Will Book 3]
56 John Leak Deceased-Will
Proceedings had at the Office of the Porbate Judge
in Delaware, County of Delaware & State of Ohio before
D.T. Fuller Probate Judge withing & for said County on
the 20th day of April A.D. 1852
The last Will & testament of John Leak late of Trenton
Township Delaware County Ohio deceased was this say
produced in Court by Mr. Barnes Attorney for John
M. Leak, and James Stout Gilbert Van Dorn & Robt.
Shannon subscribing witnesses to said Will, appeared
and in open Court on oath testified to the due execution
of said will-whereupon George Shultz, Benjamin Snyder
& J.M. Condit, persons interested, caused a subpena to
be issued for T.A. Watson & other witnesses on opposi=
=tion to the Probate of said Will, and John M. Leak
caused to be subpoenaed John M. Ogden & other witnesses
to sustain said will, all whose testimony was reduced
to writing, and by them respectively subscribed & filed.
And it appearing to the Court by said testimony that said
will was duly attested & executed & that the said testator
at the time of executing the same was of sound mind
& memory & of full age and not under any constraint
It is ordered by the Court that the said will & testimony
of the subscribing witnesses to the same be was recorded-
And thereupon the said John M. Leak the executor in
the will named, signifying his refusal to accept the terms
of executing said will & the certificate of Leak Widow
of the said John Leak being produced to the Court by which
it appears that she declines taking letters of administration
on the estate of her deceased husband & requests the appoi=
=ntment of Robert Wilson, it is therefore further ordered by
that the said Robert Wilson be appointed administrator
with the will annexed on the Estate of the said John Leak
and that Gilbert VanDorn Silas Ogden & B.A. Streeter
appraise the personal property of the said testator-and
it is further ordered that the said Robert Wilson give
Bonds in the sum of $500 with William M. Chandler & John M. Leak
as sureties conditioned according to law, whereupon
the said Robert Wilson appeared in open Court accepted
said appointment and gave bond accordingly
Which said will & proof is as follows to wit:
In the name of the Benevolent Father of All. I, John
Leak of the County of Delaware and State of Ohio do
make & publish this my last will and testament.
1st I give and bequeath to my beloved wife in lieu of her
dower the south half of the farm on which we now
reside for her benefit and use during her natural life
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 109)
Description
[page 109]
[corresponds to page 57 of Will Book 3]
John Leak De'eased-Will 57
owed whilst she remains my widow-at her decease or Ma=
=riage the said bequest I give unto my the oldest lawful ma=
=le heir of my son John M. Leak. I give unto my
beloved wife the team now on the farm (the two old mares)
three cows twelve sheep & all the farming utensils, wagon har=
=ness etc etc household furniture etc Fifty bushels of wheat
all the growing crops Fifty dollars in cash to repair build=
=ings & fifty dollars to build a waggon house, after the vendue
of personal property. All the timber on the eight acres adjoi=
=ning John M. Leak's farm on the west & D. Sinckey on the
North to be subject exclusively to the widow's use.
2nd I give and bequeath unto my son John M. Leak the
twelve acres adjoining Cornelius Walker's John Gins & Lemuel
F. Leak's land for which my son John is to pay all my just
debts. I also give unto my son John a portion lying between
said John's & L.F. Lak's land after the death or marriage of
my beloved wife, for which my son John is to pay my
daughters One hundred & twenty dollars, which is to be
equally divided amongst them. The said sum of
One hundred & twenty dollars, which is to be paid within
twenty years from this date.
3rd I give and bequeath unto my son Samuel F.
Leak the fifty acres now in his possession & which
the said Samuel has made improvements provided
he returns to this State, and if the said Samuel
shall not return to this State I give and bequeath
the said fifty acres to the oldest lawful male heir
of John M. Leak - that is oldest lawful male heir
of said John
4th I give and bequeath unto my son Gilbert
M. Leak the North half of the farm of on which
I live to be occupied and used during his natural
life; and at his decease the said land I give and
bequeath unto my son John's oldest lawful male heir
5th I direct that in the month of June next all
my personal property, not hereby bequeathed shall
be sold to the highest bidder at public auction and
after deducting the fifty dollars to be given to my
wife widow as before mentioned, the balance equ=
=ally divided amongst my daughters
6th I give and bequeath unto Emery Leak & Harriet
heirs of A.C. Leak, five dollars each to be paid when
they become of age by my executor
7th I hereby declare and publish that the five acres
on which my son John's home and other buildings
are on he the said John has fully paid for and
[corresponds to page 57 of Will Book 3]
John Leak De'eased-Will 57
owed whilst she remains my widow-at her decease or Ma=
=riage the said bequest I give unto my the oldest lawful ma=
=le heir of my son John M. Leak. I give unto my
beloved wife the team now on the farm (the two old mares)
three cows twelve sheep & all the farming utensils, wagon har=
=ness etc etc household furniture etc Fifty bushels of wheat
all the growing crops Fifty dollars in cash to repair build=
=ings & fifty dollars to build a waggon house, after the vendue
of personal property. All the timber on the eight acres adjoi=
=ning John M. Leak's farm on the west & D. Sinckey on the
North to be subject exclusively to the widow's use.
2nd I give and bequeath unto my son John M. Leak the
twelve acres adjoining Cornelius Walker's John Gins & Lemuel
F. Leak's land for which my son John is to pay all my just
debts. I also give unto my son John a portion lying between
said John's & L.F. Lak's land after the death or marriage of
my beloved wife, for which my son John is to pay my
daughters One hundred & twenty dollars, which is to be
equally divided amongst them. The said sum of
One hundred & twenty dollars, which is to be paid within
twenty years from this date.
3rd I give and bequeath unto my son Samuel F.
Leak the fifty acres now in his possession & which
the said Samuel has made improvements provided
he returns to this State, and if the said Samuel
shall not return to this State I give and bequeath
the said fifty acres to the oldest lawful male heir
of John M. Leak - that is oldest lawful male heir
of said John
4th I give and bequeath unto my son Gilbert
M. Leak the North half of the farm of on which
I live to be occupied and used during his natural
life; and at his decease the said land I give and
bequeath unto my son John's oldest lawful male heir
5th I direct that in the month of June next all
my personal property, not hereby bequeathed shall
be sold to the highest bidder at public auction and
after deducting the fifty dollars to be given to my
wife widow as before mentioned, the balance equ=
=ally divided amongst my daughters
6th I give and bequeath unto Emery Leak & Harriet
heirs of A.C. Leak, five dollars each to be paid when
they become of age by my executor
7th I hereby declare and publish that the five acres
on which my son John's home and other buildings
are on he the said John has fully paid for and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 110)
Description
[page 110]
[corresponds to page 58 of Will Book 3]
58 John Leak decd-Will
deed made to him- but said deed is said to be
lost. In consideration of which payment I bequeath
said land to my said son John_
8th I do hereby nominate and appoint my son
John M Leak Executor of this my last will and
testament, hereby authorizing & empowering him
to compromise, adjust, release and discharge in
such manner as he may think proper the debts &
claims due me- I do also authorize and empower
him to proceed immediately on upon my decease to
take steps to carry out this my last Will & testament
I do hereby revoke all former wills by me made-
In testimony whereof I hereunto set my hand & seal
this 16th day of February A.D. 1852
Signed & acknowledged by said John Leak
John Leak as his last Will and
testament in our presence & signed
by us in his presence
James Stout
Gilbert Van Dorn
Robert Shannon
Whereas I John Leak on this 16th day of February
1852 made my last Will & testament do hereby then declare
the following to be a codicil to the same
I do hereby give unto my son John M. Leak one
pair of oxen now in said John's possession for which
said John M Leak is pay all the expenses of admin=
=istration In testimony whereof I hereunto set my
hand & seal this 16th day of February 1852
Signed & acknowledged by said John Leak
John Leak as his last will &
testament in our presence and
signed by us in his presence
James Stout
Gilbert Van Dorn
Robert Shannon
State of Ohio Delaware County SS
Personally appeared in open Court James Stout
Gilbert Van Dorn & Robert Shannon, subscribing
Witnesses to the Will last Will & testament of John
Leak deceased, Who being duly sworn depose & say
_ James Stout, says he drew up the Will of John Leak
deceased, at his request- he appeared of sound mind
& memory at the time he signed-Was under no in=
fluence or restraint as far as I know. Said testator
[corresponds to page 58 of Will Book 3]
58 John Leak decd-Will
deed made to him- but said deed is said to be
lost. In consideration of which payment I bequeath
said land to my said son John_
8th I do hereby nominate and appoint my son
John M Leak Executor of this my last will and
testament, hereby authorizing & empowering him
to compromise, adjust, release and discharge in
such manner as he may think proper the debts &
claims due me- I do also authorize and empower
him to proceed immediately on upon my decease to
take steps to carry out this my last Will & testament
I do hereby revoke all former wills by me made-
In testimony whereof I hereunto set my hand & seal
this 16th day of February A.D. 1852
Signed & acknowledged by said John Leak
John Leak as his last Will and
testament in our presence & signed
by us in his presence
James Stout
Gilbert Van Dorn
Robert Shannon
Whereas I John Leak on this 16th day of February
1852 made my last Will & testament do hereby then declare
the following to be a codicil to the same
I do hereby give unto my son John M. Leak one
pair of oxen now in said John's possession for which
said John M Leak is pay all the expenses of admin=
=istration In testimony whereof I hereunto set my
hand & seal this 16th day of February 1852
Signed & acknowledged by said John Leak
John Leak as his last will &
testament in our presence and
signed by us in his presence
James Stout
Gilbert Van Dorn
Robert Shannon
State of Ohio Delaware County SS
Personally appeared in open Court James Stout
Gilbert Van Dorn & Robert Shannon, subscribing
Witnesses to the Will last Will & testament of John
Leak deceased, Who being duly sworn depose & say
_ James Stout, says he drew up the Will of John Leak
deceased, at his request- he appeared of sound mind
& memory at the time he signed-Was under no in=
fluence or restraint as far as I know. Said testator
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 111)
Description
[page 111]
[corresponds to page 59 of Will Book 3]
59
called on me to write his will. I drew up two or three before
the testator was satisfied-the last-the one now before the
Court, he seemed to be satisfied with and signed it in my
presence and in the presence of the other witnesses. Testator
requested us to sign it as witnesses. Myself, Gilbert VanDorn
and Robert Shannon-this request for us to sign was
after I had asked the Testator if he wished us to sign as
witnesses. Cross Examiner- witness came to this County
three or four months ago-lived for the three months previous
to testator's death within one fourth mile of a mile of his testator's res=
=idence-had not much acquaintenance with testator until-
his last sickness. Saw him about two days before he made his
will-had considerable conversation with him. On Sunday
evening the second time I saw him after his sickness, Testator
said he wished me to do some writing for him. On Monday,
the next day John M. Leak spoke to me about writing a will
for his father John Leak. Witness was at the residence of Testa=
=tor on Saturday evening about half an hour and on Sunday
night suceeding about the same length of time, before
he made his will. Question. "What remarks were made by tes=
=tator when you was talking with him about making will
and writing the will evidencing unsettled state of mind
if any?" Answer-Testator said how stored are some eggs
or a nest of eggs-or something of this kind, at which I was
a good deal surprised. I got up from the table & turned round
testator said never mind, go on. At another time, either
on Saturday or Sunday evening previous, Testator said he
wanted to go home, and would not let him go
home. When John M. Leak called on witness to go and draw
a will for his father, John M. said his father wished to entail
his property. Witness told him it could not be done under
our laws. Testator also told witness that he wished to entail
his property- he told testator that it could not be done and
read Statute to him. When witness told testator that it could
not be done, testator seemed very much surprised. When
witness read Statute to him on the subject, Testator re=
=marked well that is very plain, and told witness to
go on writing will. Testator gave instructions to witness
as to drawing his will, and when witness had drawn the
will as he thought pursuant to these instruction, testator
was not satisfied and made changes, though no very
material ones, until the witness had prepared the will
the second or third time. When the testator was satisfied
Testator gave his instructions to witness at great length,
and conposed personal and real property in giving it out
to him in giving instructions as to Gilbert's share, he
[corresponds to page 59 of Will Book 3]
59
called on me to write his will. I drew up two or three before
the testator was satisfied-the last-the one now before the
Court, he seemed to be satisfied with and signed it in my
presence and in the presence of the other witnesses. Testator
requested us to sign it as witnesses. Myself, Gilbert VanDorn
and Robert Shannon-this request for us to sign was
after I had asked the Testator if he wished us to sign as
witnesses. Cross Examiner- witness came to this County
three or four months ago-lived for the three months previous
to testator's death within one fourth mile of a mile of his testator's res=
=idence-had not much acquaintenance with testator until-
his last sickness. Saw him about two days before he made his
will-had considerable conversation with him. On Sunday
evening the second time I saw him after his sickness, Testator
said he wished me to do some writing for him. On Monday,
the next day John M. Leak spoke to me about writing a will
for his father John Leak. Witness was at the residence of Testa=
=tor on Saturday evening about half an hour and on Sunday
night suceeding about the same length of time, before
he made his will. Question. "What remarks were made by tes=
=tator when you was talking with him about making will
and writing the will evidencing unsettled state of mind
if any?" Answer-Testator said how stored are some eggs
or a nest of eggs-or something of this kind, at which I was
a good deal surprised. I got up from the table & turned round
testator said never mind, go on. At another time, either
on Saturday or Sunday evening previous, Testator said he
wanted to go home, and would not let him go
home. When John M. Leak called on witness to go and draw
a will for his father, John M. said his father wished to entail
his property. Witness told him it could not be done under
our laws. Testator also told witness that he wished to entail
his property- he told testator that it could not be done and
read Statute to him. When witness told testator that it could
not be done, testator seemed very much surprised. When
witness read Statute to him on the subject, Testator re=
=marked well that is very plain, and told witness to
go on writing will. Testator gave instructions to witness
as to drawing his will, and when witness had drawn the
will as he thought pursuant to these instruction, testator
was not satisfied and made changes, though no very
material ones, until the witness had prepared the will
the second or third time. When the testator was satisfied
Testator gave his instructions to witness at great length,
and conposed personal and real property in giving it out
to him in giving instructions as to Gilbert's share, he
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 112)
Description
[page 112]
[corresponds to page 60 of Will Book 3]
60
1st he wanted to deprive him of the right of cutting timber
2nd he wished himm to have the right of cutting it for his own
use only. John M. Leak was present & had conversation with
his father the testator during the time or part of the time
I was preparing the will. John M. wished his father to
bequeath him 8 or 12 acres of land that was adjoining his
John M. Leak's land -on some terms- and that if he
had to pay for it, his wished for a long enough time to
do it in, the testator after conversation with John M.
fixed the period 20 years, Question. "What evidences
other than those already stated, have you of want of
soundness of mind of testator?" Answer. "I know of
none'. Question. Had you not some doubt, at the time
the testator gave his instructions for a will, of his capacity
to make one"? Answer. "I had not, if I had seen the
will, without conversing with the man, I should have
thought it will of a crazy man", because he made
such an unnatural disposition of his property, but
upon conversing with him he conversed as rationally as
men generally do, Although I had very little acquain=
=tance with him. I think testator's age was 75 when
he died, he was feeble at the time of writing his will,
when he spoke or did anything, he did it with energy and some
effort. Question. "Did you not have some conversation
with Mr. VanDorn on your way home from signing
the will as witnesses, as to the sanity of the Testator"?
Answer. "We did. We conversed all the way home, about
one quarter of a mile, and after we had got home, perhaps
for half an hour. We talked about the eggs. Testator had a
high fever when I saw him. Reexamined. Question.
"Why did you talk about sanity of testator"? Answer.
On account of the strangeness of the will", & further
saith not. James Stout
Gilbert VanDorn States that he was present at the making
will of John Leak & signed the same at his request in the
presence of the other witnesses & in the presence of the testator.
Deponent considered said testator, at the time of making
said will, in his natural mind & thinks testator knew
what he was about, considered him as capable of making
a will as he naturally would be, thinks he was in his natural
mind & appeared about as he did when he made his property.
The reason he says the testator appeared in his natural mind
was that he was a singular man in his manners, was different
in his manners from other men, he sometimes appeared
flighty. I do not mean to say that the testator was insane
[corresponds to page 60 of Will Book 3]
60
1st he wanted to deprive him of the right of cutting timber
2nd he wished himm to have the right of cutting it for his own
use only. John M. Leak was present & had conversation with
his father the testator during the time or part of the time
I was preparing the will. John M. wished his father to
bequeath him 8 or 12 acres of land that was adjoining his
John M. Leak's land -on some terms- and that if he
had to pay for it, his wished for a long enough time to
do it in, the testator after conversation with John M.
fixed the period 20 years, Question. "What evidences
other than those already stated, have you of want of
soundness of mind of testator?" Answer. "I know of
none'. Question. Had you not some doubt, at the time
the testator gave his instructions for a will, of his capacity
to make one"? Answer. "I had not, if I had seen the
will, without conversing with the man, I should have
thought it will of a crazy man", because he made
such an unnatural disposition of his property, but
upon conversing with him he conversed as rationally as
men generally do, Although I had very little acquain=
=tance with him. I think testator's age was 75 when
he died, he was feeble at the time of writing his will,
when he spoke or did anything, he did it with energy and some
effort. Question. "Did you not have some conversation
with Mr. VanDorn on your way home from signing
the will as witnesses, as to the sanity of the Testator"?
Answer. "We did. We conversed all the way home, about
one quarter of a mile, and after we had got home, perhaps
for half an hour. We talked about the eggs. Testator had a
high fever when I saw him. Reexamined. Question.
"Why did you talk about sanity of testator"? Answer.
On account of the strangeness of the will", & further
saith not. James Stout
Gilbert VanDorn States that he was present at the making
will of John Leak & signed the same at his request in the
presence of the other witnesses & in the presence of the testator.
Deponent considered said testator, at the time of making
said will, in his natural mind & thinks testator knew
what he was about, considered him as capable of making
a will as he naturally would be, thinks he was in his natural
mind & appeared about as he did when he made his property.
The reason he says the testator appeared in his natural mind
was that he was a singular man in his manners, was different
in his manners from other men, he sometimes appeared
flighty. I do not mean to say that the testator was insane
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 113)
Description
[page 113]
[corresponds to page 61 of Will Book 3]
61
but he had a way peculiarly his own of doing business.
Cross-examined. Question by Mr. Finch. "Do you mean to say
that testator Leak was of a sound a mind at the time he
made the will now in controversy as he was when well for years
before"? Ans. "I thought he was" Question by same "Do you
think Mr Leak was for many years previous to his decease of as
sound & disposing mind & memory as men in general"? Ans.
"I have thought him to be so" Question by Mr Finch. "What then do
you mean by saying that he was in his natural mind that he
was a peculiar man & had peculair notions"? Ans. "I mean by
stating that testator was in his natural mind, that he was in
the same mind that he was always in, & that he always worked
instead of studying. One peculiarity of the man was that he alw=
=ays wished or desired to entail his property & so keep it in his fam=
=ily. Deponent considered testator of a sound mind, but not of
a cultivated one" Question by Mr Finch. "Did you hear any
of the conversation of testator & John M. Leak at the time of mak=
=ing the will"? Ans. "I did but cannot tell what it was"
Re-examined. Question by Mr. Barcus. "How long have you
been acquainted with Mr Leak the testator"? Ans. I got acqua=
inted with him about 1814 or 1815. he lived within one qu=
=arter of a mile of Deponent since the spring of 1822 & I have
been well acquainted with him for over 30 years" & further
saith not. Gilbert Van Dorn
Also, Robert Shannon states that he was present at the mak=
=ing the last will (the one now in controversy) of John Leak
& that he was a witness to the same & signed it at the request
of the testator & in his the presence of the other witnesses to the same-
-that the testator was of sound & disposing mind and memory
at the time of making said last will now in controversy,
(taking him in his own way of doing business) and that he
was under no restraint- testator was about 75 years
of age_ Deponent always considered testator a
little singular in his way of doing business. I thought he
appeared to take pains to be odd in his conversation.
Cross-Exm. Question by Mr Finch. Do you not know
at the time of testator making his will, that he had a
high fever & had a flushed face?" Ans. "I was not near
him at the time & did not take particular notice"
Question by Mr Finch. "Do you think if testator's fever
had ceased, he would have been able to sign the will?"
Ans. "I think he would" & further saith not.
Robert Shannon
Subscribed & sworn to this 20th day of April A.D. 1852
D.T. Fuller Probate Judge
[corresponds to page 61 of Will Book 3]
61
but he had a way peculiarly his own of doing business.
Cross-examined. Question by Mr. Finch. "Do you mean to say
that testator Leak was of a sound a mind at the time he
made the will now in controversy as he was when well for years
before"? Ans. "I thought he was" Question by same "Do you
think Mr Leak was for many years previous to his decease of as
sound & disposing mind & memory as men in general"? Ans.
"I have thought him to be so" Question by Mr Finch. "What then do
you mean by saying that he was in his natural mind that he
was a peculiar man & had peculair notions"? Ans. "I mean by
stating that testator was in his natural mind, that he was in
the same mind that he was always in, & that he always worked
instead of studying. One peculiarity of the man was that he alw=
=ays wished or desired to entail his property & so keep it in his fam=
=ily. Deponent considered testator of a sound mind, but not of
a cultivated one" Question by Mr Finch. "Did you hear any
of the conversation of testator & John M. Leak at the time of mak=
=ing the will"? Ans. "I did but cannot tell what it was"
Re-examined. Question by Mr. Barcus. "How long have you
been acquainted with Mr Leak the testator"? Ans. I got acqua=
inted with him about 1814 or 1815. he lived within one qu=
=arter of a mile of Deponent since the spring of 1822 & I have
been well acquainted with him for over 30 years" & further
saith not. Gilbert Van Dorn
Also, Robert Shannon states that he was present at the mak=
=ing the last will (the one now in controversy) of John Leak
& that he was a witness to the same & signed it at the request
of the testator & in his the presence of the other witnesses to the same-
-that the testator was of sound & disposing mind and memory
at the time of making said last will now in controversy,
(taking him in his own way of doing business) and that he
was under no restraint- testator was about 75 years
of age_ Deponent always considered testator a
little singular in his way of doing business. I thought he
appeared to take pains to be odd in his conversation.
Cross-Exm. Question by Mr Finch. Do you not know
at the time of testator making his will, that he had a
high fever & had a flushed face?" Ans. "I was not near
him at the time & did not take particular notice"
Question by Mr Finch. "Do you think if testator's fever
had ceased, he would have been able to sign the will?"
Ans. "I think he would" & further saith not.
Robert Shannon
Subscribed & sworn to this 20th day of April A.D. 1852
D.T. Fuller Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 114)
Description
[page 114]
[corresponds to page 62 of Will Book 3]
62 Eber C Payne decd ~Will of dec
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio before
D.T. Fuller Probate Judge within & for said County
on the 21st day of June A.D. 1852.
The last will & Testament of Eber C Payne late
of Liberty Township in said County deceased was produced
this day in Court & Wm. P. Benton & Henry Newkirk the
subscribing witnesses to said will appeared, and in open
Court in oath testified to the due correction of said will
which Testimony was reduced to writing and by them
respectively subscribed and filed with said will, and it
appeared to the Court by said testimony that said will
was duly attested & executed and that the said testator
at the time of executing the same was of full age and of
sound mind & memory and not under any restraint, it
is ordered by the Court that said will & testimony be
recorded
I Eber C. Payne of Liberty Township Delaware
County and State of Ohio do make and publish this my
last will & testament.
Item 1st I give & bequeath to my wife in lieu of her
dower, the farm on which we now reside situate in the
Township aforesaid containing forty acres during her natural
life. Likewise all my live stock including my horses,
cattle, sheep and hogs, and all of my shop stock after
my just debts are paid, and I do will all my notes
and Book accounts to my wife to collect and dispose of
for the use of the family.
Item 2nd I do hereby nominate and approve my wife
executrix of this my last will & testament with power to
nominate any person if she chooses to assist her in
collecting my debts.
In testimony whereof I have hereunto set my hand &
seal this eleventh day of May in the year of our Lord, One
Thousand Eight Hundred & fifty.
Signed & acknowledged by said Eber C. Payne [SS]
and signed by us in his presence
Wm P Benton
Henry Newkirk
[corresponds to page 62 of Will Book 3]
62 Eber C Payne decd ~Will of dec
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio before
D.T. Fuller Probate Judge within & for said County
on the 21st day of June A.D. 1852.
The last will & Testament of Eber C Payne late
of Liberty Township in said County deceased was produced
this day in Court & Wm. P. Benton & Henry Newkirk the
subscribing witnesses to said will appeared, and in open
Court in oath testified to the due correction of said will
which Testimony was reduced to writing and by them
respectively subscribed and filed with said will, and it
appeared to the Court by said testimony that said will
was duly attested & executed and that the said testator
at the time of executing the same was of full age and of
sound mind & memory and not under any restraint, it
is ordered by the Court that said will & testimony be
recorded
I Eber C. Payne of Liberty Township Delaware
County and State of Ohio do make and publish this my
last will & testament.
Item 1st I give & bequeath to my wife in lieu of her
dower, the farm on which we now reside situate in the
Township aforesaid containing forty acres during her natural
life. Likewise all my live stock including my horses,
cattle, sheep and hogs, and all of my shop stock after
my just debts are paid, and I do will all my notes
and Book accounts to my wife to collect and dispose of
for the use of the family.
Item 2nd I do hereby nominate and approve my wife
executrix of this my last will & testament with power to
nominate any person if she chooses to assist her in
collecting my debts.
In testimony whereof I have hereunto set my hand &
seal this eleventh day of May in the year of our Lord, One
Thousand Eight Hundred & fifty.
Signed & acknowledged by said Eber C. Payne [SS]
and signed by us in his presence
Wm P Benton
Henry Newkirk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 115)
Description
[page 115]
[corresponds to page 63 of Will Book 3]
63
The State of Ohio Delaware County, SS.
Court of Probate June 21st, 1852
Personally appeared in open Court Wm. P. Benton and
Henry Newkirk, who being duly sworn depose and say that
the paper before them purporting to be the last will and Tes-
=tament of Eber C. Payne, now deceased, was by the said Eber
C. Payne acknowledged, published and declared to be his
last will & testament in presence of these deponents; that
the said deceased 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 and at the request of the Testator, and in
the presence of each other Wm P. Benton
Sworn to and subscribed in open Henry Newkirk
Court this 21st day of June A.D. 1852
D.T. Fuller
Francis Grove's Deceased Will
Proceedings had at the office of the Probate Judge in
Delaware Delaware County Ohio before D.T. Fuller Probate
Judge within & for said County on the 28th day of June A.D.
1852
The last will & testament of Francis Grove late of Scioto
Township in said County of Delaware deceased was this day
produced in open Court by J.W. Powell Attorney for executors
in said will named; and James M. Snodgrass & M. Mealy
the subscribing witnesses to said will appeared, and in open
Court on oath testified to the due execution of said will; whi
=ch testimony was reduced to writing and by them respective=
=ly subscribed & filed with said will, and it appearing to the
Court by said testimony that said will was duly attested
and executed, and that the said testator at the time of
executing the same, was of full age and of sound mind
and memory, and not under any constraint, it is ordered
by the Court that said Will & testimony be recorded-
"In the name of the Benevolent Father of all
I. Francis Groves
of Scioto Township Delaware County & State of Ohio
do make and publish this my last Will & testament.
Item First-I give & devise to my beloved wife Sarah
A. Groves in lieu of her dower the farm that I have
as listed for with Croseir of in New-Lime Township
[corresponds to page 63 of Will Book 3]
63
The State of Ohio Delaware County, SS.
Court of Probate June 21st, 1852
Personally appeared in open Court Wm. P. Benton and
Henry Newkirk, who being duly sworn depose and say that
the paper before them purporting to be the last will and Tes-
=tament of Eber C. Payne, now deceased, was by the said Eber
C. Payne acknowledged, published and declared to be his
last will & testament in presence of these deponents; that
the said deceased 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 and at the request of the Testator, and in
the presence of each other Wm P. Benton
Sworn to and subscribed in open Henry Newkirk
Court this 21st day of June A.D. 1852
D.T. Fuller
Francis Grove's Deceased Will
Proceedings had at the office of the Probate Judge in
Delaware Delaware County Ohio before D.T. Fuller Probate
Judge within & for said County on the 28th day of June A.D.
1852
The last will & testament of Francis Grove late of Scioto
Township in said County of Delaware deceased was this day
produced in open Court by J.W. Powell Attorney for executors
in said will named; and James M. Snodgrass & M. Mealy
the subscribing witnesses to said will appeared, and in open
Court on oath testified to the due execution of said will; whi
=ch testimony was reduced to writing and by them respective=
=ly subscribed & filed with said will, and it appearing to the
Court by said testimony that said will was duly attested
and executed, and that the said testator at the time of
executing the same, was of full age and of sound mind
and memory, and not under any constraint, it is ordered
by the Court that said Will & testimony be recorded-
"In the name of the Benevolent Father of all
I. Francis Groves
of Scioto Township Delaware County & State of Ohio
do make and publish this my last Will & testament.
Item First-I give & devise to my beloved wife Sarah
A. Groves in lieu of her dower the farm that I have
as listed for with Croseir of in New-Lime Township
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 116)
Description
[page 116]
[corresponds to page 64 of Will Book 3]
64 Francis Groves Deceased -Will-
Ashtabula County & State of Ohio containing fifty
acres during her Natural life, and all of the stock
household goods Furniture, provisions and other
goods & chattels which is on hand, and all money, notes
or duebills which may be on hand at the time of my
decease, during her natural life as aforesaid. She how=
=ever paying all lawful debts & closing all contracts that
I had on hand. Also I leave to her the buggy and dandy
Waggon, the Ball mare and harness. At the marriage
or death of my said wife the Real Estate aforesaid and such
part of the personal property of the proceeds thereof as may then
remain unconsumed & enexpended I give & devise to my
daughter Harriet Groves & her heirs. And Also I give and
bequeath to my daughter and Harriet wife and daughter Har=
=riet the Lot of land in Knox County Illinois containing
three Hundred & fifteen acres. Also one hundred & twenty
acres in Fulton County Illinois, or to close a trade for the
Grove's farm in Ashtabula County State of Ohio. My daugh
Harriet to come in possession of hers when she arrives at
lawful age. The above lands or proceeds will fall to my daugh=
=ter Harriet at the marriage or death of my wife.
Item Second. I devise and bequeath to my beloved daugh
=ter Elanor Ackerman Caroline Chandler one Hundred dollars.
Item third. I devise and bequeath to my beloved daughter
Elanor Ackerman One Hundred dollars:
Item fourth- I devise and bequeath to my beloved daughter
Harriet Groves the Bald faced mare colt known as hers,
and when she arrives to lawful age to have about the same
outfit of the other girls and to have a home on the first
farm mentioned, or with her mother while she is a minor
Iten fifth- I do hereby nominate and appoint my Belov:
=ed dau wife guardian of my daughter Harriet Groves
until she arrives at lawful age or intermarries, but in case
my wife should again marry her guardianship of said child
shall cease
Item Sixth-I do hereby nominate & appoint my wife Sarah
A. Groves and John Woodworth of Ashtabula County State
of Ohio Executors of this My last Will and testament hereby
authorizing and empowering them to comrpomise adjust
release and discharge in such manner as they may deem best
proper the debts & claims due me. I do also authorize and
empower them if it shall become necessary in order to pay
my debts to sell by private sale or in such manner upon such
terms of credit or otherwise, as they may think proper all or
as any part of my Real Estate, and deeds to purchasers
to execute acknowledge & deliver in fee simple. I do
[corresponds to page 64 of Will Book 3]
64 Francis Groves Deceased -Will-
Ashtabula County & State of Ohio containing fifty
acres during her Natural life, and all of the stock
household goods Furniture, provisions and other
goods & chattels which is on hand, and all money, notes
or duebills which may be on hand at the time of my
decease, during her natural life as aforesaid. She how=
=ever paying all lawful debts & closing all contracts that
I had on hand. Also I leave to her the buggy and dandy
Waggon, the Ball mare and harness. At the marriage
or death of my said wife the Real Estate aforesaid and such
part of the personal property of the proceeds thereof as may then
remain unconsumed & enexpended I give & devise to my
daughter Harriet Groves & her heirs. And Also I give and
bequeath to my daughter and Harriet wife and daughter Har=
=riet the Lot of land in Knox County Illinois containing
three Hundred & fifteen acres. Also one hundred & twenty
acres in Fulton County Illinois, or to close a trade for the
Grove's farm in Ashtabula County State of Ohio. My daugh
Harriet to come in possession of hers when she arrives at
lawful age. The above lands or proceeds will fall to my daugh=
=ter Harriet at the marriage or death of my wife.
Item Second. I devise and bequeath to my beloved daugh
=ter Elanor Ackerman Caroline Chandler one Hundred dollars.
Item third. I devise and bequeath to my beloved daughter
Elanor Ackerman One Hundred dollars:
Item fourth- I devise and bequeath to my beloved daughter
Harriet Groves the Bald faced mare colt known as hers,
and when she arrives to lawful age to have about the same
outfit of the other girls and to have a home on the first
farm mentioned, or with her mother while she is a minor
Iten fifth- I do hereby nominate and appoint my Belov:
=ed dau wife guardian of my daughter Harriet Groves
until she arrives at lawful age or intermarries, but in case
my wife should again marry her guardianship of said child
shall cease
Item Sixth-I do hereby nominate & appoint my wife Sarah
A. Groves and John Woodworth of Ashtabula County State
of Ohio Executors of this My last Will and testament hereby
authorizing and empowering them to comrpomise adjust
release and discharge in such manner as they may deem best
proper the debts & claims due me. I do also authorize and
empower them if it shall become necessary in order to pay
my debts to sell by private sale or in such manner upon such
terms of credit or otherwise, as they may think proper all or
as any part of my Real Estate, and deeds to purchasers
to execute acknowledge & deliver in fee simple. I do
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 117)
Description
[page 117]
[corresponds to page 65 of Will Book 3]
Francis Grove's deceased Will - 65
hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand & seal
of this twenty second day of June One Thousand eight Hundr=
=ed and fifty two.
F. Groves [Seal]
Signed and acknowledged by said Francis Grove as his last
will and testament in our presence and signed by us in his
presence J.M. Snodgrass. M. Mealy.
State of Ohio In a Court held before D.T. Fuller Esqr.
Delaware County SS Judge of Probate for said County.
Personally appeared in open Court the under
=signed James M. Snodgrass and Michael Mealy who
having then & there been duly sworn depose upon their oaths
say that the paper now here produced in Court purporting
to be the last will and testament of Francis Grove bearing
date the 22nd day of June 1852 was on the day of the date
thereof at the Township of Scioto in the said County of
Delaware declared and published by the said Francis
Grove as his last will and testament. That he then and
there in the presence of these deponents signed his name
thereto as such, that these deponents there & then at his
request and in his presence and in the presence of each
other signed their names thereto as witnesses, That the
said Francis Grove was then & there at the time of
the said execution of the said will of the age of about sixty
one years, of sound mind & and memory not
acting under any restraint and further say not.
James M. Snodgrass
M. Mealey
Sworn to & subscribed before me this 28th day of
June A.D. 1852
D.T. Fuller Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 118)
Description
[page 118]
[corresponds to page 66 of Will Book 3]
66 Copy of the Will of Henry Kelly Decd
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio
before D. T. Fuller Probate Judge within & for
said County on the 28th day of July A.D. 1852
An authenticated Copy of the last will and
testament of Henry Kelly late of Kentucky in the
County of Fayette was this day produced in Court
by and it appearing to the satisfac=
=tion of the Court that the said will has been proved
in said State of Kentucky according to the laws
of that State, and that said will has relation to
property within the said County of Delaware;
Therefore, on motion, it is ordered by the Court
that said authenticated copy be recorded in the
Records of Wills for said County of Delaware.
Calling to mind the certainty of death and the
uncertainty of life, and being weak in body but of sound
and disposing mind I Henry Kelley do make this
my last Will & Testament revoking all wills heretofore
made by me.
First I give to my Grandson Henry
Kelly Kane my tract of land in the County of Delaware
and State of Ohio, bought of Alexander McLaughlin
Containing Five hundred acres, also my house & lot
in the town of Lancaster, Ohio for and during his
natural life, and should he either arrive at the
age of Twenty one or die before he does so arrive
at the age of Twenty one years leaving issue alive.
Then the fee to pass to and vest in his heirs, or his arriv
=ing at Twenty one years of age or descend to his child
or issue. If he die leaving children before he arrive
at age, all the rest and residue of my estate of every
kind I devise to my friend Joseph Bruin who I make
Executor of this my will for the use and benefit of my
two Daughters Charlotte Kane and Eleanor Stephens
to be held by him to the exclusive use of my said
daughter free from the right or controll of their Hu-
sbands or any creditor of their Husbands or either of
them. And my desire is that my said Trustee place
estate at interest and allow my daughter from
time to time such portions of either principal or
interest as he may find their necessities require
and in the event of my daughters becoming discov-
=erd the Trustee may pay over such daughter as
[corresponds to page 66 of Will Book 3]
66 Copy of the Will of Henry Kelly Decd
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio
before D. T. Fuller Probate Judge within & for
said County on the 28th day of July A.D. 1852
An authenticated Copy of the last will and
testament of Henry Kelly late of Kentucky in the
County of Fayette was this day produced in Court
by and it appearing to the satisfac=
=tion of the Court that the said will has been proved
in said State of Kentucky according to the laws
of that State, and that said will has relation to
property within the said County of Delaware;
Therefore, on motion, it is ordered by the Court
that said authenticated copy be recorded in the
Records of Wills for said County of Delaware.
Calling to mind the certainty of death and the
uncertainty of life, and being weak in body but of sound
and disposing mind I Henry Kelley do make this
my last Will & Testament revoking all wills heretofore
made by me.
First I give to my Grandson Henry
Kelly Kane my tract of land in the County of Delaware
and State of Ohio, bought of Alexander McLaughlin
Containing Five hundred acres, also my house & lot
in the town of Lancaster, Ohio for and during his
natural life, and should he either arrive at the
age of Twenty one or die before he does so arrive
at the age of Twenty one years leaving issue alive.
Then the fee to pass to and vest in his heirs, or his arriv
=ing at Twenty one years of age or descend to his child
or issue. If he die leaving children before he arrive
at age, all the rest and residue of my estate of every
kind I devise to my friend Joseph Bruin who I make
Executor of this my will for the use and benefit of my
two Daughters Charlotte Kane and Eleanor Stephens
to be held by him to the exclusive use of my said
daughter free from the right or controll of their Hu-
sbands or any creditor of their Husbands or either of
them. And my desire is that my said Trustee place
estate at interest and allow my daughter from
time to time such portions of either principal or
interest as he may find their necessities require
and in the event of my daughters becoming discov-
=erd the Trustee may pay over such daughter as
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 119)
Description
[page 119]
[corresponds to page 67 of Will Book 3]
67
shall become so her proportion of the Estate, and
on the death of my daughters or either of them the
Trustee will pay over their portion to their children I
direct that no security shall be required of my said
Trustee having full confidence that he will faithfully
execute this trust, and as my daughter Eleanor Stephens
is destitute, I direct that in the event of my death
that the Trustee allows her six dollars a week as a support
until her part can be ascertained, and should my
Grand son Henry K. Kane die before he arrive at Twenty
one years and without issue living as aforesaid, Then
the tract of land and lot devised to him. I devise
to be equally divided between my Grand children
Thomas Kane and Eliza Kane and their heirs forever
done this 28th day of June 1833. Henry Kelly
R Wickliffe
A Sawell
Fayette County, To wit: August Court 1833
This writing purporting to be the last will & Testam-
=ent of Henry Kelly deceased was produced in open
Court and proved by the oaths of Robert Wickliffe
and A Sawell the subscribing witnesses thereto, and
ordered to be recorded, which is truly done in my
office
I hereby certify that the children of Thomas Kane
Decd the parties named in the will of their Grand father
Henry Kelly dated 28th of June 1833 were well known
to me, that Henry Kelly Kane is dead, that he dies in
the year 1835, when quite a child, and that Thomas
Kane is also dead, that he dies at New Orleans 21st
January 1846, without issue and that Elza Kane the
wife of John Barbee is the only one of said children
now living H.A. Hurnesmil
State of Kentucky City of Louisville SS
Before me a commisioner of said state of
Kentucky to take acknowledgement of Deeds or other
contracts for use or record in the State of Ohio
came this 29th day of June 1852. Henry A Hurnesmil
well known to me and signed and sworn to the above
certificate & stated on oath that the statements in the
same are true to the best of his knowledge & beliefs.
Witness my signature & official seal
Ballard Smith
Commissioner for Ohio.
[corresponds to page 67 of Will Book 3]
67
shall become so her proportion of the Estate, and
on the death of my daughters or either of them the
Trustee will pay over their portion to their children I
direct that no security shall be required of my said
Trustee having full confidence that he will faithfully
execute this trust, and as my daughter Eleanor Stephens
is destitute, I direct that in the event of my death
that the Trustee allows her six dollars a week as a support
until her part can be ascertained, and should my
Grand son Henry K. Kane die before he arrive at Twenty
one years and without issue living as aforesaid, Then
the tract of land and lot devised to him. I devise
to be equally divided between my Grand children
Thomas Kane and Eliza Kane and their heirs forever
done this 28th day of June 1833. Henry Kelly
R Wickliffe
A Sawell
Fayette County, To wit: August Court 1833
This writing purporting to be the last will & Testam-
=ent of Henry Kelly deceased was produced in open
Court and proved by the oaths of Robert Wickliffe
and A Sawell the subscribing witnesses thereto, and
ordered to be recorded, which is truly done in my
office
I hereby certify that the children of Thomas Kane
Decd the parties named in the will of their Grand father
Henry Kelly dated 28th of June 1833 were well known
to me, that Henry Kelly Kane is dead, that he dies in
the year 1835, when quite a child, and that Thomas
Kane is also dead, that he dies at New Orleans 21st
January 1846, without issue and that Elza Kane the
wife of John Barbee is the only one of said children
now living H.A. Hurnesmil
State of Kentucky City of Louisville SS
Before me a commisioner of said state of
Kentucky to take acknowledgement of Deeds or other
contracts for use or record in the State of Ohio
came this 29th day of June 1852. Henry A Hurnesmil
well known to me and signed and sworn to the above
certificate & stated on oath that the statements in the
same are true to the best of his knowledge & beliefs.
Witness my signature & official seal
Ballard Smith
Commissioner for Ohio.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 120)
Description
[page 120]
[corresponds to page 68 of Will Book 3]
68 Copy of Will of Samuel Landon dec'd
Proceedings had at the office of Probate Judge
in Delaware, Delaware County & State of Ohio before
D.T. Fuller Probate Judge within & for said County on
the 20th day of August 1852.
The last will & testament of Samuel Landon
late of Thompson township in said County deceased
was this day produced in Court by Laban Landon &
James Landon, executors in said will named, and
Charles Rutz one of the subscribers to said will appe-
=ared and in open Court on oath testified to the due exec-
ution of said will, which testimony was reduced to
writing and by him subscribed and filed with said
will - and not if appeared to the Court that B. T. Blake
the other subscribing witness had left and gone to
parts unknown, testimony of his hand writing was
taken and ordered to be filed with said will. And
the Court being satisfied by said testimony that said
will wa. duly attested and executed, and that the
said testator at the time of executing the same
was of full age and of sound mind & memory, and
not under any restraint, it is ordered by the Court
that said will & testimony be recorded. Therefore
Laban Landon & James Sandors the executors in
said will named appeared in Court and signified
their acceptance of the trust of executing said will.
It is therefore further ordered that letters testamentary
be issued to them authorizing bonds in the sum of
$2500.00 with John Wolfley as surety conditioned
according to law. The Court appoints Samuel C.
Weeks, Jacob Hoskins & Zirah Linsley appraisers of the
personal estate of said testator.
State of Ohio, Delaware County SS.
August 14, 1852.
First, it is my will that my just
debts and all charges be paid out of my estate.
2. I give to my beloved wife Sarah all my lands
moneys, goods, & chattels to have & to hold as her own to
all intents and purposes during her natural life.
particularly the house and all the household goods.
3rd. That after the death of my wife, it is my will
that all the remaining property as above designated be
equally divided between my brothers & sisters, and
that the said Administrators may have power to
sell all goods and chattels necessary as they shall think
best. And they shall have privaledge to rent the farm
[corresponds to page 68 of Will Book 3]
68 Copy of Will of Samuel Landon dec'd
Proceedings had at the office of Probate Judge
in Delaware, Delaware County & State of Ohio before
D.T. Fuller Probate Judge within & for said County on
the 20th day of August 1852.
The last will & testament of Samuel Landon
late of Thompson township in said County deceased
was this day produced in Court by Laban Landon &
James Landon, executors in said will named, and
Charles Rutz one of the subscribers to said will appe-
=ared and in open Court on oath testified to the due exec-
ution of said will, which testimony was reduced to
writing and by him subscribed and filed with said
will - and not if appeared to the Court that B. T. Blake
the other subscribing witness had left and gone to
parts unknown, testimony of his hand writing was
taken and ordered to be filed with said will. And
the Court being satisfied by said testimony that said
will wa. duly attested and executed, and that the
said testator at the time of executing the same
was of full age and of sound mind & memory, and
not under any restraint, it is ordered by the Court
that said will & testimony be recorded. Therefore
Laban Landon & James Sandors the executors in
said will named appeared in Court and signified
their acceptance of the trust of executing said will.
It is therefore further ordered that letters testamentary
be issued to them authorizing bonds in the sum of
$2500.00 with John Wolfley as surety conditioned
according to law. The Court appoints Samuel C.
Weeks, Jacob Hoskins & Zirah Linsley appraisers of the
personal estate of said testator.
State of Ohio, Delaware County SS.
August 14, 1852.
First, it is my will that my just
debts and all charges be paid out of my estate.
2. I give to my beloved wife Sarah all my lands
moneys, goods, & chattels to have & to hold as her own to
all intents and purposes during her natural life.
particularly the house and all the household goods.
3rd. That after the death of my wife, it is my will
that all the remaining property as above designated be
equally divided between my brothers & sisters, and
that the said Administrators may have power to
sell all goods and chattels necessary as they shall think
best. And they shall have privaledge to rent the farm
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 121)
Description
[page 121]
[corresponds to page 69 of Will Book 3]
69
to the best advantage and also see that it is
kept up & taken care of. And that they shall see that
my wife is taken care of. And they shall have a
reasonable compensation for all that they do. And
all their trouble, and that if the said administrators
should neglect to take care of my wife so that she
should have just reason to complain they may be
remanded and others appointed, And the said
Administrators shall keep a correct account and
inventory of all the Sellar received from the sale of
property goods & chattels of cash or other property so
as to render a true & satisfactory account to all
interested of their doings as pertains to the above
business.
4th I do appoint Laban Landon & James
Landon , 2nd as the administrators of my this my
last will and testament.
attest Samuel Landon
J.P. Blake}-
Charles Butz}-
State of Ohio, Delaware County SS.
Personally appeared Charles Butz and being
duly sworn deposes & says, that the paper now before
the court, purporting to be the last will & testament
of Samuel Landon, was signed & sealed and ack-
=nowledged in my presence and in the presence of J.
P. Blake the other subscribing witness to the same.
that the said Samuel Landon was at the time
of executing the same of sound and disposing
mind & memory, and that he was acting under
no restraint - that the said Landon was about
Forty- eight years of age. This deponent further says
that J. P. Blake the other subscribing witness to this
will, has gone to parts unknown to this deponent
that this deponent saw him sign his name to
the same as a witness- and that both of us signed
the same at the request of the testator, and further
saith not. Charles Butz
Sworn to & subscribed before me this
20th day of August 1852.
D.T. Fuller
Probate Judge.
[corresponds to page 69 of Will Book 3]
69
to the best advantage and also see that it is
kept up & taken care of. And that they shall see that
my wife is taken care of. And they shall have a
reasonable compensation for all that they do. And
all their trouble, and that if the said administrators
should neglect to take care of my wife so that she
should have just reason to complain they may be
remanded and others appointed, And the said
Administrators shall keep a correct account and
inventory of all the Sellar received from the sale of
property goods & chattels of cash or other property so
as to render a true & satisfactory account to all
interested of their doings as pertains to the above
business.
4th I do appoint Laban Landon & James
Landon , 2nd as the administrators of my this my
last will and testament.
attest Samuel Landon
J.P. Blake}-
Charles Butz}-
State of Ohio, Delaware County SS.
Personally appeared Charles Butz and being
duly sworn deposes & says, that the paper now before
the court, purporting to be the last will & testament
of Samuel Landon, was signed & sealed and ack-
=nowledged in my presence and in the presence of J.
P. Blake the other subscribing witness to the same.
that the said Samuel Landon was at the time
of executing the same of sound and disposing
mind & memory, and that he was acting under
no restraint - that the said Landon was about
Forty- eight years of age. This deponent further says
that J. P. Blake the other subscribing witness to this
will, has gone to parts unknown to this deponent
that this deponent saw him sign his name to
the same as a witness- and that both of us signed
the same at the request of the testator, and further
saith not. Charles Butz
Sworn to & subscribed before me this
20th day of August 1852.
D.T. Fuller
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 122)
Description
[page 122]
[corresponds to page 70 of Will Book 3]
70 Geo B. Ackley Deceased - Will
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio. before
D.T. Fuller Probate Judge within & for said County on
the 31st day of August A.D. 1852
The last will and testament of George B. Ackley
late of Thompson Township in said County deceased
was this day produced in Court by Sarah Ackley the exec-
utor in the will named and H.T. Cummingham and
Peter Whitsel the subscribing witnesses to said will app=
= eared and in open court on oath testified to the due exe=
=cution of said will: which testimony was reduced
to writing and by them respectively subscribed and
filed with said will: and it appearing to the Court by
said testimony that said will was duly attested and
executed and that the said testators, at the time of exec
=uting the same was of full age and of sound mind
and memory and not under any restraint, it is
ordered by the Court that said will and testimony be
recorded- Whereupon Sarah Ackley the executor in said
will named appeared in court and signified her acc=
=eptance of the time of executing said will. It is therefore
ordered by the Court that letters testamentary be issued to
her upon her giving bonds in the sum of $500.00 in the
sum with H.T. Cunningham & Philip Whitsel as sureties
constitioned according to law. The Court appoints
H.T. Cummingham & Peter Whitsel appraisers of the person
=al estate of said testator
In the name of God Amen: I George B. Ackley
of the Township of Thompson in the County of Dela=
=ware & State of Ohio, being of sound mind and
memory (blessed be Almighty God for the same) do
make and publish this my last will and testament.
I give and bequeath to my beloved wife Sarah all
my personal property, also all my real estate during
her natural life - at her decease to be divided amoungst
my children equally - I do nominate and appoint
my beloved wife Sarah to be the sole executor of this
my last will and testament - In testimony whereof
I hereunto set my hand & seal and publish and
decree this to be my last will & testament in presence
of the witnesses named below this 29th day of March
in the year of our Lord one thousand eight hundred
and fifty one
George B. Ackley (Seal)
Signed sealed and declared & published by the
said Geo. B. Ackley as and for his last will and
[corresponds to page 70 of Will Book 3]
70 Geo B. Ackley Deceased - Will
Proceedings had at the office of the Probate Judge
in Delaware Delaware County & State of Ohio. before
D.T. Fuller Probate Judge within & for said County on
the 31st day of August A.D. 1852
The last will and testament of George B. Ackley
late of Thompson Township in said County deceased
was this day produced in Court by Sarah Ackley the exec-
utor in the will named and H.T. Cummingham and
Peter Whitsel the subscribing witnesses to said will app=
= eared and in open court on oath testified to the due exe=
=cution of said will: which testimony was reduced
to writing and by them respectively subscribed and
filed with said will: and it appearing to the Court by
said testimony that said will was duly attested and
executed and that the said testators, at the time of exec
=uting the same was of full age and of sound mind
and memory and not under any restraint, it is
ordered by the Court that said will and testimony be
recorded- Whereupon Sarah Ackley the executor in said
will named appeared in court and signified her acc=
=eptance of the time of executing said will. It is therefore
ordered by the Court that letters testamentary be issued to
her upon her giving bonds in the sum of $500.00 in the
sum with H.T. Cunningham & Philip Whitsel as sureties
constitioned according to law. The Court appoints
H.T. Cummingham & Peter Whitsel appraisers of the person
=al estate of said testator
In the name of God Amen: I George B. Ackley
of the Township of Thompson in the County of Dela=
=ware & State of Ohio, being of sound mind and
memory (blessed be Almighty God for the same) do
make and publish this my last will and testament.
I give and bequeath to my beloved wife Sarah all
my personal property, also all my real estate during
her natural life - at her decease to be divided amoungst
my children equally - I do nominate and appoint
my beloved wife Sarah to be the sole executor of this
my last will and testament - In testimony whereof
I hereunto set my hand & seal and publish and
decree this to be my last will & testament in presence
of the witnesses named below this 29th day of March
in the year of our Lord one thousand eight hundred
and fifty one
George B. Ackley (Seal)
Signed sealed and declared & published by the
said Geo. B. Ackley as and for his last will and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 123)
Description
[page 123]
[corresponds to page 71 of Will Book 3]
71
testament in the presence of us, who at his request and
in his presence and in presence of each other have
subscribed our names as witnesses hereto
H.T. Cunningham
his
Peter x Whitsel
mark
State of Ohio Delaware County Ss:
County of Probate Aug. 31st 1852
Personally appeared in open court H.T. Cunningham
and Peter Whitsel who being duly sworn depose and say
that the paper before them purporting to be the last will
and testament of Geo. B. Ackley now deceased, was
by the said Geo. B. Ackley acknowledged published and
declared to be his last will and testament in the presence
of these deponents: that the said deceased now of lawful
age, that he was of sound and disposing mind and mem
=ory 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
his
Peter X Whitsel
mark
Sworn to & subscribed in open court this 31st day of
August, A.D. 1852
D.T. Fuller Probate Judge []
[corresponds to page 71 of Will Book 3]
71
testament in the presence of us, who at his request and
in his presence and in presence of each other have
subscribed our names as witnesses hereto
H.T. Cunningham
his
Peter x Whitsel
mark
State of Ohio Delaware County Ss:
County of Probate Aug. 31st 1852
Personally appeared in open court H.T. Cunningham
and Peter Whitsel who being duly sworn depose and say
that the paper before them purporting to be the last will
and testament of Geo. B. Ackley now deceased, was
by the said Geo. B. Ackley acknowledged published and
declared to be his last will and testament in the presence
of these deponents: that the said deceased now of lawful
age, that he was of sound and disposing mind and mem
=ory 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
his
Peter X Whitsel
mark
Sworn to & subscribed in open court this 31st day of
August, A.D. 1852
D.T. Fuller Probate Judge []
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 124)
Description
[Page 124]
[corresponds to page 72 of Will Book 3]
72 Jeremiah Howard Deceased- Will
Proceedings had at the office of the Probate Judge in
Delaware Delaware County Ohio, before D.T. Fuller Probate
Judge in and for said County on the 7th day of Sept.
A.D. 1852
The last will and testament of Jeremiah Howard late
of Delaware in said County, was this day produced in
Court by Wm Reid Atty for the Executor in the said
named, & Wm P. Reid & Sidney Moore, the subscribing
witnesses to said will, appeared and in open court on
oath, testified to the due execution of said will; which
testimony was reduced to writing and by them respectively
subscribed and filed above said will: and it appearing
to the court by said testimony that said will was duly
attested & executed, and that the said testator at the
time of executing the same, was of full age, of sound
mind and memory and not under any restraint
It is ordered by the Court, that said will and testimony
be recorded- Whereupon Marshall L. Griffin the exec-
=utor in the will named, appeared in court and
signified his acceptance of the trust of executing said
will, it is therefore further ordered that letters testam
=entary be opened to him upon his giving bonds in the
of $ 1200.00 with Sidney Moore and Seth H. Allen as
sureties conditioned according to law: The court app =
=oints Wm Manson W. Jones & John F. Latimer appr=
=aisers of the pesonal property of said testator-
In the manner of the Benevolent Father of All-
I Jeremiah Howard of Delaware 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 Home Shop & lot in the Town of Delaware
now occupied by myself and family during her natural
life or so long as she continues to be my widow, and
all the stock household goods furniture provisions or
or other goods & chattels, I may now or hereafter may
become entitled to- in fact all my property of every
name and nature, belonging to me at the time
of my decease during her natural life if she so long
continues to be my widow as aforesaid. My executor
however selling so much thereof as may be sufficient to
pay my just debts- At the death of my wife, or in the
event of her marriage, the real estate aforesaid and such
part of the personal property or the proceeds thereof, as
may then remain uncommissioned & unexpended I
give and devise in equal proportion or shares my
[corresponds to page 72 of Will Book 3]
72 Jeremiah Howard Deceased- Will
Proceedings had at the office of the Probate Judge in
Delaware Delaware County Ohio, before D.T. Fuller Probate
Judge in and for said County on the 7th day of Sept.
A.D. 1852
The last will and testament of Jeremiah Howard late
of Delaware in said County, was this day produced in
Court by Wm Reid Atty for the Executor in the said
named, & Wm P. Reid & Sidney Moore, the subscribing
witnesses to said will, appeared and in open court on
oath, testified to the due execution of said will; which
testimony was reduced to writing and by them respectively
subscribed and filed above said will: and it appearing
to the court by said testimony that said will was duly
attested & executed, and that the said testator at the
time of executing the same, was of full age, of sound
mind and memory and not under any restraint
It is ordered by the Court, that said will and testimony
be recorded- Whereupon Marshall L. Griffin the exec-
=utor in the will named, appeared in court and
signified his acceptance of the trust of executing said
will, it is therefore further ordered that letters testam
=entary be opened to him upon his giving bonds in the
of $ 1200.00 with Sidney Moore and Seth H. Allen as
sureties conditioned according to law: The court app =
=oints Wm Manson W. Jones & John F. Latimer appr=
=aisers of the pesonal property of said testator-
In the manner of the Benevolent Father of All-
I Jeremiah Howard of Delaware 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 Home Shop & lot in the Town of Delaware
now occupied by myself and family during her natural
life or so long as she continues to be my widow, and
all the stock household goods furniture provisions or
or other goods & chattels, I may now or hereafter may
become entitled to- in fact all my property of every
name and nature, belonging to me at the time
of my decease during her natural life if she so long
continues to be my widow as aforesaid. My executor
however selling so much thereof as may be sufficient to
pay my just debts- At the death of my wife, or in the
event of her marriage, the real estate aforesaid and such
part of the personal property or the proceeds thereof, as
may then remain uncommissioned & unexpended I
give and devise in equal proportion or shares my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 125)
Description
[page 125]
[corresponds to page 73 of Will Book 3]
73
my several children who may then be alive -
I do hereby nominate and appoint Marshall L. Griffin
executor of this my last will and testament, hereby author
izing and enforcing him to compromise adjust release
and discharge in such manner as he may deem proper
the debts and claims due me
I also authorize and empower him of it shall become
necessary in order to pay my debts to sell by private sale or
in such manner, upon such terms of credit, or otherwise
as he may think proper all or any part of my real estate
and deeds to purchases to execute and acknowledge and
deliver in fee simple- The bequeath is made to my wife
and is to continue during her natural life- but if she
marry then the property intended to be divided, is to go to
my children as herein before stated upon the occurrence of
such an event- I do hereby revoke all former wills by
me made - In testimony whereof I have hereunto set my
hand & seal this sixth day of December A.D. 1851
J. Howard {Seal}
Signed and acknowledged by said Jeremiah Howard
as his last will and testament in our presence and signed
by us in his presence
Sidney Moore
W.P. Reid-
The State of Ohio Delaware County SS
Personally appeared in open Court - ) Court of Probate
Wm P. Reid & Sidney Moore who being ) Sept. 7th 1852
duly sworn depose and say that the )
paper before them purporting to be the last will and
testament of Jeremiah Howard now deceased was
by the said Jeremiah Howard acknowledged publis=
=hed 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 his
presence and at the request of the testator and in the
presence of each other -
Wm P. Reid
Sidney Moore
Sworn to & subscribed in open Court this 7th day of Sept.
A.D. 1852- D.T. Fuller
Probate Judge -
[corresponds to page 73 of Will Book 3]
73
my several children who may then be alive -
I do hereby nominate and appoint Marshall L. Griffin
executor of this my last will and testament, hereby author
izing and enforcing him to compromise adjust release
and discharge in such manner as he may deem proper
the debts and claims due me
I also authorize and empower him of it shall become
necessary in order to pay my debts to sell by private sale or
in such manner, upon such terms of credit, or otherwise
as he may think proper all or any part of my real estate
and deeds to purchases to execute and acknowledge and
deliver in fee simple- The bequeath is made to my wife
and is to continue during her natural life- but if she
marry then the property intended to be divided, is to go to
my children as herein before stated upon the occurrence of
such an event- I do hereby revoke all former wills by
me made - In testimony whereof I have hereunto set my
hand & seal this sixth day of December A.D. 1851
J. Howard {Seal}
Signed and acknowledged by said Jeremiah Howard
as his last will and testament in our presence and signed
by us in his presence
Sidney Moore
W.P. Reid-
The State of Ohio Delaware County SS
Personally appeared in open Court - ) Court of Probate
Wm P. Reid & Sidney Moore who being ) Sept. 7th 1852
duly sworn depose and say that the )
paper before them purporting to be the last will and
testament of Jeremiah Howard now deceased was
by the said Jeremiah Howard acknowledged publis=
=hed 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 his
presence and at the request of the testator and in the
presence of each other -
Wm P. Reid
Sidney Moore
Sworn to & subscribed in open Court this 7th day of Sept.
A.D. 1852- D.T. Fuller
Probate Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 126)
Description
[Page 126]
[corresponds to page 74 of Will Book 3]
74
Roberts Brown's Deceased - will
Proceedings had at the Office of the Probate Judge
in Delaware Delaware County Ohio before D.T. Fuller
Pobate Judge in and for said County on the 8th day
of September A.D. 1852
The last will and testament of Robert Brown late
of Troy in said County deceased was this day produced
in Court by John C. Brown the executor in the will
named and Henry Willey and George Davenport
the subscribing witnesses to said will appeared and in
open Court on oath testified to the due execution of said
will, which testimony was reduced to writing and by th=
=em respectively subscribed and filed with said will -
And it appearing to the court from said testimony that
said will was duly attested and executed and that
the said testator was at the time of executing the same
was of full age, of sound mind and memory and
not under any restraint. It is ordered that said will
and testimony be recorded - Whereupon John C. Brown
the Executor in said will named appeared in Court
and signified his acceptance of the trust of executing
said will, it is therefore further ordered that letter testa=
=mentary be issued to him upon his giving bonds in the
sum of $4000.00 with Henry Willey & John Cunningham
as sureties conditioned according to law - The Court
appoints Henry Willey, Wm G. Norris and Thos. F. Case app=
=raisers of the personal Estate of said Testator-
In the name of the Benvolent Father of all
I, Robert Brown of the County of Delaware & State of
Ohio, being of sound mind, do make & publish this my
last will and testament in manner & form following;
1st It is my will that all my debts and expenses be paid-
2d I give and bequeath to my wife June H. Brown in
lieu of her dower, one third of the farm on which I now
live during her natural life, and our year's provision for
herself and her two children, and five shares which I
hold in Cleveland and Columbus Railroad -
3rd I give and begueath to my son John C. Brown the
farm of One hundred and twenty acres more on less -
which I lately purchased of Uriah W. Hinton known
as the Old Hinton farm by him paying about five
hundred dollars which I owe to Charity Hinton
I also give to my son John C. Brown my large bay
horse - 4th It is my will that my wife shall have one
third of all my household furniture beds and bedding
and the balance to be divided between my four
[corresponds to page 74 of Will Book 3]
74
Roberts Brown's Deceased - will
Proceedings had at the Office of the Probate Judge
in Delaware Delaware County Ohio before D.T. Fuller
Pobate Judge in and for said County on the 8th day
of September A.D. 1852
The last will and testament of Robert Brown late
of Troy in said County deceased was this day produced
in Court by John C. Brown the executor in the will
named and Henry Willey and George Davenport
the subscribing witnesses to said will appeared and in
open Court on oath testified to the due execution of said
will, which testimony was reduced to writing and by th=
=em respectively subscribed and filed with said will -
And it appearing to the court from said testimony that
said will was duly attested and executed and that
the said testator was at the time of executing the same
was of full age, of sound mind and memory and
not under any restraint. It is ordered that said will
and testimony be recorded - Whereupon John C. Brown
the Executor in said will named appeared in Court
and signified his acceptance of the trust of executing
said will, it is therefore further ordered that letter testa=
=mentary be issued to him upon his giving bonds in the
sum of $4000.00 with Henry Willey & John Cunningham
as sureties conditioned according to law - The Court
appoints Henry Willey, Wm G. Norris and Thos. F. Case app=
=raisers of the personal Estate of said Testator-
In the name of the Benvolent Father of all
I, Robert Brown of the County of Delaware & State of
Ohio, being of sound mind, do make & publish this my
last will and testament in manner & form following;
1st It is my will that all my debts and expenses be paid-
2d I give and bequeath to my wife June H. Brown in
lieu of her dower, one third of the farm on which I now
live during her natural life, and our year's provision for
herself and her two children, and five shares which I
hold in Cleveland and Columbus Railroad -
3rd I give and begueath to my son John C. Brown the
farm of One hundred and twenty acres more on less -
which I lately purchased of Uriah W. Hinton known
as the Old Hinton farm by him paying about five
hundred dollars which I owe to Charity Hinton
I also give to my son John C. Brown my large bay
horse - 4th It is my will that my wife shall have one
third of all my household furniture beds and bedding
and the balance to be divided between my four
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 127)
Description
[Page 127]
[corresponds to page 75 of Will Book 3]
75
daughters, Hannah M. Margaret J. Julia A, and Sarah
M. Brown 5th Its my will that all the balance of my
personal property and effects be sold and the proceeds be
divided equally between James R. Brown Hannah M.
Brown, Margaret J. Brown Julia A. Brown & Sarah M.
Brown, Robert H. Brown William S. Brown and John
C. Brown - 6th It is my will that the farm on which I
now live, after my wife's dower, be divided equally betw=
=een all my children except John C. Brown
7th I constitute my son John C. Brown my executor
to settle all my business - Signed and sealed this 5th
day of Sept. A.D. 1852
In presence of Robert Brown {seal}
Henry Willey and
George Davenport
State of Ohio Delaware County Ss.
Court of Probate Sept, 8th 1852
Personally appeared in open court Henry Willey and
George Davenport who being duly sworn depose & say
that the paper before them purporting to be the last
will and testament of Robert Brown now deceased
was by the said Robert Brown acknowledged pub=
=lished and declared to be his last will and testament
in the presence of these deponents - that the said de=
=ceased was of lawful age - that he was of sound
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 Willey
George Davenport
Sworn to & subscribed in open court this 8th day
of Sept. A.D. 1852
D. T. Fuller
Probate Judge Ss
[corresponds to page 75 of Will Book 3]
75
daughters, Hannah M. Margaret J. Julia A, and Sarah
M. Brown 5th Its my will that all the balance of my
personal property and effects be sold and the proceeds be
divided equally between James R. Brown Hannah M.
Brown, Margaret J. Brown Julia A. Brown & Sarah M.
Brown, Robert H. Brown William S. Brown and John
C. Brown - 6th It is my will that the farm on which I
now live, after my wife's dower, be divided equally betw=
=een all my children except John C. Brown
7th I constitute my son John C. Brown my executor
to settle all my business - Signed and sealed this 5th
day of Sept. A.D. 1852
In presence of Robert Brown {seal}
Henry Willey and
George Davenport
State of Ohio Delaware County Ss.
Court of Probate Sept, 8th 1852
Personally appeared in open court Henry Willey and
George Davenport who being duly sworn depose & say
that the paper before them purporting to be the last
will and testament of Robert Brown now deceased
was by the said Robert Brown acknowledged pub=
=lished and declared to be his last will and testament
in the presence of these deponents - that the said de=
=ceased was of lawful age - that he was of sound
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 Willey
George Davenport
Sworn to & subscribed in open court this 8th day
of Sept. A.D. 1852
D. T. Fuller
Probate Judge Ss
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 128)
Description
[page 128]
[corresponds to page 76 of Will Book 3]
76 Will of James Taylor deceased.
Proceedings had at the office of the Probate Judge
in Delaware Delaware County Ohio before D.T. Fuller
Probate Judge in and for said County Sept. 11th A.D.
1852. Delaware County Ss.
An authenticated copy of the last will and Testament
of James Taylor late of Cambell County in the State of
Kentucky deceased and of the codicils thereto executed
and proved according to the laws of the State of Kentu-
cky as appears from an authenticated copy of the Record
of the proceedings of the Campbell Circuit Court in the
State of Kentucky and of the said will and Codicil as
there recorded was this day produced in Court by James
Eaton: and is appearing to the satisfaction of the court that
said will and codicils have been executed and proved
in said State of Kentucky acording to the laws of that
State and that said will & codicils have relation to
property within the said County of Delaware in the state
of Ohio. Therefore on motion it is ordered that the said
authenticated copy of the last will and testament of James
Taylor and the codicils thereto be admitted to record in
this court and that the same be recorded in the record
of wills for the said County of Delaware
"Probate Court held at the court House in Georgetown
within and for the county of Brown and State of Ohio, before
John T. Higgins Probate Judge within and for the County
and state foresaid on the 14th of July A.D. 1852
Brown County Ss.
Be it remembered that on this day that is to say on the
14th day of July A.D. 1852 and authenticated copy of the
last will and testament within the codicils thereto of
James Taylor late of Campbell County and the State
of Kentucky deceased and the several orders in relation
to the same was this day presented to the Court for
record and after examining said authenticated copy and
the proofs and evidence in the premises the Court afore-
said did make an order which is in the words 1) figures
following to wit: An authenticated copy of the last will
and testament of James Taylor late of Campbell County
in the State of Kentucky deceased and of the codicils
thereto executed and proved according to the laws of the
laws of the State of Kentucky as appears from an authen-
ticated copy of the record of proceedings of the Campbell
Circuit Court in the State of Kentucky and of the said
will & codicils as there recorded together with an authe-
nicated copy of the order of the Campbell County Court
in the State of Kentucky, recording the same and issuing
[corresponds to page 76 of Will Book 3]
76 Will of James Taylor deceased.
Proceedings had at the office of the Probate Judge
in Delaware Delaware County Ohio before D.T. Fuller
Probate Judge in and for said County Sept. 11th A.D.
1852. Delaware County Ss.
An authenticated copy of the last will and Testament
of James Taylor late of Cambell County in the State of
Kentucky deceased and of the codicils thereto executed
and proved according to the laws of the State of Kentu-
cky as appears from an authenticated copy of the Record
of the proceedings of the Campbell Circuit Court in the
State of Kentucky and of the said will and Codicil as
there recorded was this day produced in Court by James
Eaton: and is appearing to the satisfaction of the court that
said will and codicils have been executed and proved
in said State of Kentucky acording to the laws of that
State and that said will & codicils have relation to
property within the said County of Delaware in the state
of Ohio. Therefore on motion it is ordered that the said
authenticated copy of the last will and testament of James
Taylor and the codicils thereto be admitted to record in
this court and that the same be recorded in the record
of wills for the said County of Delaware
"Probate Court held at the court House in Georgetown
within and for the county of Brown and State of Ohio, before
John T. Higgins Probate Judge within and for the County
and state foresaid on the 14th of July A.D. 1852
Brown County Ss.
Be it remembered that on this day that is to say on the
14th day of July A.D. 1852 and authenticated copy of the
last will and testament within the codicils thereto of
James Taylor late of Campbell County and the State
of Kentucky deceased and the several orders in relation
to the same was this day presented to the Court for
record and after examining said authenticated copy and
the proofs and evidence in the premises the Court afore-
said did make an order which is in the words 1) figures
following to wit: An authenticated copy of the last will
and testament of James Taylor late of Campbell County
in the State of Kentucky deceased and of the codicils
thereto executed and proved according to the laws of the
laws of the State of Kentucky as appears from an authen-
ticated copy of the record of proceedings of the Campbell
Circuit Court in the State of Kentucky and of the said
will & codicils as there recorded together with an authe-
nicated copy of the order of the Campbell County Court
in the State of Kentucky, recording the same and issuing
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 129)
Description
[page 129]
[corresponding to page 77 of Will Book 3]
77
letters testamentary thereon to James Taylor was
this day proceeding in court by Storer & Groyhue attor-
-neys for the Executor and some of the devisees named
therein, and it appearing to the satisfaction of the Court
that the said will and codicils have been executed and
proved in said State of Kentucky according to the laws
of that state and that said will & codicils have relation
to property within the said county of Brown in the state
of Ohio. Therefore on motion it is ordered that the said
authenticated copy of the last will & testament of James
Taylor and the codicils thereto be admitted to record in
this Court and that the same be
recorded in the record of wills for the said county
of Brown
Wherefore James Taylor the executor in said
will named, appeared in court and signified his acceptance
of the trust of executing said will. it is therefore further
ordered that letters testamentary be issued to said James
Taylor and whereas by the terms of said last will the
said testator James Taylor expresses a wish that his
executor may execute the same without giving bond
and no sufficient cause appears why bond should be
required from said executor it seems to the Court
expedient not to require any bond from him. and it is
ordered that said letters testamentary issue without bond
being given by said James Taylor.
The court appoint James Loudon, John D. White
and William P. Allen appraisers of the personal estate of
said James Taylor deceased.
The said authenticated copy is in the words and
figures following to wit:
State of Kentucky Campbell Circuit court set-
Be it remembered that heretofore, to wit: on
the 22nd day of March 1849 the following assignment of
errors was filed in the Clerks office of the Clerk afore said
to wit:
Washington T. Berry & R.T. Thornton Trustees.
( Writ of error from the proceedings entries and
( orders of the Campbell County Court at the Nov-
( -ember terms 1848 of said court rejecting the will
( of James Taylor decd and making certain
( orders therein S.S.
James Taylor & others
The appellants Washington T. Berry & R.T. Thornton trustees
etc state that in the above proceedings of the Campbell County
Court at its November term 1848 there is manifest error in all
[corresponding to page 77 of Will Book 3]
77
letters testamentary thereon to James Taylor was
this day proceeding in court by Storer & Groyhue attor-
-neys for the Executor and some of the devisees named
therein, and it appearing to the satisfaction of the Court
that the said will and codicils have been executed and
proved in said State of Kentucky according to the laws
of that state and that said will & codicils have relation
to property within the said county of Brown in the state
of Ohio. Therefore on motion it is ordered that the said
authenticated copy of the last will & testament of James
Taylor and the codicils thereto be admitted to record in
this Court and that the same be
recorded in the record of wills for the said county
of Brown
Wherefore James Taylor the executor in said
will named, appeared in court and signified his acceptance
of the trust of executing said will. it is therefore further
ordered that letters testamentary be issued to said James
Taylor and whereas by the terms of said last will the
said testator James Taylor expresses a wish that his
executor may execute the same without giving bond
and no sufficient cause appears why bond should be
required from said executor it seems to the Court
expedient not to require any bond from him. and it is
ordered that said letters testamentary issue without bond
being given by said James Taylor.
The court appoint James Loudon, John D. White
and William P. Allen appraisers of the personal estate of
said James Taylor deceased.
The said authenticated copy is in the words and
figures following to wit:
State of Kentucky Campbell Circuit court set-
Be it remembered that heretofore, to wit: on
the 22nd day of March 1849 the following assignment of
errors was filed in the Clerks office of the Clerk afore said
to wit:
Washington T. Berry & R.T. Thornton Trustees.
( Writ of error from the proceedings entries and
( orders of the Campbell County Court at the Nov-
( -ember terms 1848 of said court rejecting the will
( of James Taylor decd and making certain
( orders therein S.S.
James Taylor & others
The appellants Washington T. Berry & R.T. Thornton trustees
etc state that in the above proceedings of the Campbell County
Court at its November term 1848 there is manifest error in all
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 130)
Description
[page 130]
[corresponding to page 78 of Will Book 3]
78
said proceedings greatly to their prejudice and injury
and for cause of error they say said county court of Camp-
-bell at the said November terms 1848 in the rejection of
the will of Genl James Taylor decd. and in each of said
entries and orders therein made touching the same erred
in the following particulars,
1st Said Court erred in rejecting said will & codicils as the
last will & testament of Genl James Taylor dec. and
in refusing said paper to be recorded as his last will &
testament
2nd Because said Court and in refusing said paper then
offered as the last will and testament of said Taylor to
be recorded as such.
3rd Said Court erred in appointing James Taylor admin-
istrator of the estate of Genl James Taylor decd.
4th Because said Court erred in permitting said James Taylor
to qualify as administrator in said estate and to execute
bond with sureties as such.
5th Because the Court erred in permitting the statement of facts
to be entered on the record in said case which was entered.
6th Because said Court erred in each and every order that
was entered at the said term touching said will.
7th Because said Court erred in each & every order at said
terms touching said estate
8th Because said Court erred in not establishing said will.
9th Because said Court and in permitting a certain
paper signed by John W. Tibbatts and Aaron W. Tibbatts
G.T. Williamson and Jane M. Williamson, H.T. Harris and
Keturah S. Harris to be recorded.
10th Because said Court erred in in each and every order
touching said will administration in said state &
in every paper offered in regard to the same at said term
11th Because there was manifest error in the whole of said
proceedings entries and orders touching said will at
said term.
Therefore they say the same ought to be reversed and they pray
for a writ of error to the April term 1849 of the Campbell
Circuit Court W.J. Berry
R.T. Thornton
by Morehead & Stephenson Attys
Whereupon the following writ of error and summons
were issued herein, viz:
The Commonwealth of Kentucky.
To the Clerk of Campbell County Clerk Greeting:
Because in the record and proceedings and also in the order of a
[corresponding to page 78 of Will Book 3]
78
said proceedings greatly to their prejudice and injury
and for cause of error they say said county court of Camp-
-bell at the said November terms 1848 in the rejection of
the will of Genl James Taylor decd. and in each of said
entries and orders therein made touching the same erred
in the following particulars,
1st Said Court erred in rejecting said will & codicils as the
last will & testament of Genl James Taylor dec. and
in refusing said paper to be recorded as his last will &
testament
2nd Because said Court and in refusing said paper then
offered as the last will and testament of said Taylor to
be recorded as such.
3rd Said Court erred in appointing James Taylor admin-
istrator of the estate of Genl James Taylor decd.
4th Because said Court erred in permitting said James Taylor
to qualify as administrator in said estate and to execute
bond with sureties as such.
5th Because the Court erred in permitting the statement of facts
to be entered on the record in said case which was entered.
6th Because said Court erred in each and every order that
was entered at the said term touching said will.
7th Because said Court erred in each & every order at said
terms touching said estate
8th Because said Court erred in not establishing said will.
9th Because said Court and in permitting a certain
paper signed by John W. Tibbatts and Aaron W. Tibbatts
G.T. Williamson and Jane M. Williamson, H.T. Harris and
Keturah S. Harris to be recorded.
10th Because said Court erred in in each and every order
touching said will administration in said state &
in every paper offered in regard to the same at said term
11th Because there was manifest error in the whole of said
proceedings entries and orders touching said will at
said term.
Therefore they say the same ought to be reversed and they pray
for a writ of error to the April term 1849 of the Campbell
Circuit Court W.J. Berry
R.T. Thornton
by Morehead & Stephenson Attys
Whereupon the following writ of error and summons
were issued herein, viz:
The Commonwealth of Kentucky.
To the Clerk of Campbell County Clerk Greeting:
Because in the record and proceedings and also in the order of a
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 131)
Description
[page 131]
[corresponding to page 79 of Will Book 3]
79
certain will case lately depending and determined before the
Justice of the Campbell County Court at the November term 1848
wherein a writing purporting to be the last will & testament of
Genl James Taylor decd, with the several codicils ammended thereto after
having been duly proven was rejected by said Court and declared
to be no will and certain other orders and proceedings had therein
in all of which said orders entries and proceedings by said Court
at its said term aforesaid manifest error has intervened to the great
damage and injury of Washington J. Berry and R.T. Thornton trustees &
appointed by and in said will for certain purposes therein named &
for other purposes as we from their complaint are informed and
we being willing that the error if any there be should in due manner
be corrected and full and speedy justice done to the parties in this
behalf. We command you that if a final order & decision be thereupon
given that you do distinctively and openly send the records & proceed-
ings orders and all things touching the same and this writ so that we
may have them on the first day of our April term 1849 of the Campbell
Circuit Court at the Court House in the town of Alexandria that the
records and proceedings aforesaid being inspected we may further
cause to be done thereupon what of right and according to the laws of
this Commonwealth ought to be done ~ Witness Benjamin D. Beall
Clerk of our said Court this said day of March 1849 and in the 57th
year of the Commonwealth Ben D. Beale Clk
by C Daniel D. Clerk C.C.C.
Commonwealth of Kentucky
To the Sheriff of Campbell County Greeting
You are hereby commanded to summon James Taylor Horatio T.
Harris and Keturah S. Harris his wife Geo J. Williamson and Jane M. his
wife. John W. tibbatts & Ann W. his wife to appear before the Judge of the
Campbell Circuit Court at the Court house in the town of Alexandria
on the first day of the April term 1849 of the said Court to show cause
if any they can why an order of the Campbell County Court rejecting
the will of Genl James Taylor decd and declaring the paper offered as
his will to be no will and entering up certain other orders entries etc
in and regard to said will and appointing James Taylor Administrator
on said estate all of which was done at the November term 1848 of said
County Court should not be reversed for errors therein contained as we
from the complaint of Washington J. Berry & R.T. Thornton trustees etc
appointed in and by said will are informed & have then & there this
writ Witness Benj D. Reale Clerk of our said Court at the Court
house aforesaid this 22nd day of March 1849 and in the 57th year of this
commomwealth Benj D. Beale by
C Daniel D. Clk. c.C.C.
upon which is the following return to wit:
Executed on Jane Williamson Ann Tibbatts, John W. Tibbatts
H.T. Harris 22nd March 1849 & on James Taylor Keturah S. Harris 23rd March 1849
O.M. DeCourcy S.C.C.
[corresponding to page 79 of Will Book 3]
79
certain will case lately depending and determined before the
Justice of the Campbell County Court at the November term 1848
wherein a writing purporting to be the last will & testament of
Genl James Taylor decd, with the several codicils ammended thereto after
having been duly proven was rejected by said Court and declared
to be no will and certain other orders and proceedings had therein
in all of which said orders entries and proceedings by said Court
at its said term aforesaid manifest error has intervened to the great
damage and injury of Washington J. Berry and R.T. Thornton trustees &
appointed by and in said will for certain purposes therein named &
for other purposes as we from their complaint are informed and
we being willing that the error if any there be should in due manner
be corrected and full and speedy justice done to the parties in this
behalf. We command you that if a final order & decision be thereupon
given that you do distinctively and openly send the records & proceed-
ings orders and all things touching the same and this writ so that we
may have them on the first day of our April term 1849 of the Campbell
Circuit Court at the Court House in the town of Alexandria that the
records and proceedings aforesaid being inspected we may further
cause to be done thereupon what of right and according to the laws of
this Commonwealth ought to be done ~ Witness Benjamin D. Beall
Clerk of our said Court this said day of March 1849 and in the 57th
year of the Commonwealth Ben D. Beale Clk
by C Daniel D. Clerk C.C.C.
Commonwealth of Kentucky
To the Sheriff of Campbell County Greeting
You are hereby commanded to summon James Taylor Horatio T.
Harris and Keturah S. Harris his wife Geo J. Williamson and Jane M. his
wife. John W. tibbatts & Ann W. his wife to appear before the Judge of the
Campbell Circuit Court at the Court house in the town of Alexandria
on the first day of the April term 1849 of the said Court to show cause
if any they can why an order of the Campbell County Court rejecting
the will of Genl James Taylor decd and declaring the paper offered as
his will to be no will and entering up certain other orders entries etc
in and regard to said will and appointing James Taylor Administrator
on said estate all of which was done at the November term 1848 of said
County Court should not be reversed for errors therein contained as we
from the complaint of Washington J. Berry & R.T. Thornton trustees etc
appointed in and by said will are informed & have then & there this
writ Witness Benj D. Reale Clerk of our said Court at the Court
house aforesaid this 22nd day of March 1849 and in the 57th year of this
commomwealth Benj D. Beale by
C Daniel D. Clk. c.C.C.
upon which is the following return to wit:
Executed on Jane Williamson Ann Tibbatts, John W. Tibbatts
H.T. Harris 22nd March 1849 & on James Taylor Keturah S. Harris 23rd March 1849
O.M. DeCourcy S.C.C.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 132)
Description
[page 132]
[corresponds to page 80 of Will Book 3]
80
Commonwealth of Kentucky-
To the Sheriff of Campbell County Greeting.
You are hereby commanded to summon Keturah Taylor widow of
Genl James Taylor decd. to appear before the Judge of the Campbell Circuit
Court at the court house in the town of Alexandria on the 1st day of
the April term 1849 of the said Court to show cause if any she can
why an order of the Campbell County Court rejecting the will of Genl
James Taylor decd. and declaring the paper offered as his will to be no
will & entering up certain other orders entries etc in and regard to
said will and appointing James Taylor administrator on said estate
all of which was done at the November term 1848 of the said County
Court should not be reversed for errors therein contained as we from
the complaint of Washington J. Bery & R.T. Thornton trustees & appointed
in and by said will are informed and have them there this writ.
Witness Benj. D. Beale clerk of our said Court at the court house afore-
said this 22nd day of March 1849 in the 57th year of the commonwealth
Benj. D. Beale by
C. Daniel D. Clerk c.c.c
Executed on Keturah Taylor March 23rd 1849 O.M. DeCourcy S.c.c.
And afterwards to wit on the 3rd day of June 1849 the following
summons issued herein.
The Commonwealth of Kentucky
To the Sheriff of Campbell County Greeting
You are hereby commanded to summon Geo. T. Williamson to appear
before the Judge of the Campbell Circuit Court at the court house in the
town of Alexandria on the first day of July their July term, to show cause if any
he can why an order of the Campbell County Court rejecting a will of the
late Genl James Taylor made at their November terms 1848 should
not be reversed for errors therein contained as we from the complaint
of Washington J. Berry & Reuben T. Thornton trustees appointed by and
in said will are informed and have them & there this writ.
Witness Benjamin D. Beale Clerk of our said Court at the Court house
aforesaid this 3rd day of June 1849 and in the 57th year of the common-
wealth Benj. D. Beale Clerk
by James H. Parker D.C.
upon the foregiving summons is the following endoresement and retur-
=rus viz;
I, J.S.C. Bushett sheriff of Campbell County do hereby empower
Joseph Selman to execute a summons upon writ of error which issued from
the clerks office of the Campbell Circuit court in the name of R. T. Thornton
& W.J. Berry Trustees etc against Geo. T. Williamson on the 3rd day of June 1849
Given under my hand this 7th day of July 1849 J.S.C. Buskett S.
I Joseph Selman did on the 7th day of July execute the process men-
=tioned in the within instrument upon the within named Geo. T. Williamson
Joseph Selman
[corresponds to page 80 of Will Book 3]
80
Commonwealth of Kentucky-
To the Sheriff of Campbell County Greeting.
You are hereby commanded to summon Keturah Taylor widow of
Genl James Taylor decd. to appear before the Judge of the Campbell Circuit
Court at the court house in the town of Alexandria on the 1st day of
the April term 1849 of the said Court to show cause if any she can
why an order of the Campbell County Court rejecting the will of Genl
James Taylor decd. and declaring the paper offered as his will to be no
will & entering up certain other orders entries etc in and regard to
said will and appointing James Taylor administrator on said estate
all of which was done at the November term 1848 of the said County
Court should not be reversed for errors therein contained as we from
the complaint of Washington J. Bery & R.T. Thornton trustees & appointed
in and by said will are informed and have them there this writ.
Witness Benj. D. Beale clerk of our said Court at the court house afore-
said this 22nd day of March 1849 in the 57th year of the commonwealth
Benj. D. Beale by
C. Daniel D. Clerk c.c.c
Executed on Keturah Taylor March 23rd 1849 O.M. DeCourcy S.c.c.
And afterwards to wit on the 3rd day of June 1849 the following
summons issued herein.
The Commonwealth of Kentucky
To the Sheriff of Campbell County Greeting
You are hereby commanded to summon Geo. T. Williamson to appear
before the Judge of the Campbell Circuit Court at the court house in the
town of Alexandria on the first day of July their July term, to show cause if any
he can why an order of the Campbell County Court rejecting a will of the
late Genl James Taylor made at their November terms 1848 should
not be reversed for errors therein contained as we from the complaint
of Washington J. Berry & Reuben T. Thornton trustees appointed by and
in said will are informed and have them & there this writ.
Witness Benjamin D. Beale Clerk of our said Court at the Court house
aforesaid this 3rd day of June 1849 and in the 57th year of the common-
wealth Benj. D. Beale Clerk
by James H. Parker D.C.
upon the foregiving summons is the following endoresement and retur-
=rus viz;
I, J.S.C. Bushett sheriff of Campbell County do hereby empower
Joseph Selman to execute a summons upon writ of error which issued from
the clerks office of the Campbell Circuit court in the name of R. T. Thornton
& W.J. Berry Trustees etc against Geo. T. Williamson on the 3rd day of June 1849
Given under my hand this 7th day of July 1849 J.S.C. Buskett S.
I Joseph Selman did on the 7th day of July execute the process men-
=tioned in the within instrument upon the within named Geo. T. Williamson
Joseph Selman
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 133)
Description
[page 133]
[corresponds to page 81 of Will Book 3]
81
Sworn to before me Mayor of the city of Newport in the County of
Campbell and State of Kentucky this 7th day July 1849
John A. Talliferro Mayor
Campbell County State of Kentucky Ss-
Sworn to before me a Justice of the peace for Campbell
County this 22nd day of October 1849. Jesse Gelken J.P.
The following are copies of the orders of the Campbell County
Court filed in this Court and referred to in the assignment of error
herein.
State of Kentucky Campbell County Ss.
November Court 1848.
A writing purporting to be the last will & testament of Genl James
Taylor decd. with the several codicils thereto annexed was produced to
court and the will & codicils thereto being proven by Samuel Winsboro
and William B. Ross the witnesses thereto the said Winsboro proving
the hand writing of John M. Thornton & R.T. Thornton the other wit-
-nesses thereto and the Court upon due examinations and considerations
of the premises and being sufficiently advised do reject the said
writing and declare the same to be no will:
"Keturah L. Taylor widow and relict of Genl James Taylor decd. sent
to court her relinguishment of the right to administer on the estate of
Genl James Taylor decd. which was proven by the oaths of W.J. Berry &
Ira Root the witnesses thereto."
"On motion of James Taylor Junr Administrator of all and singular
the Goods, Chattels Rights and credits of Genl James Taylor is granted
unto him who took the oath required by law and with John W.
Tibbatts. H.T. Harris & Geo. T. Williamson, his securities executed bond
in the penalty of $40,000 conditioned according to laws."
"The Court direct the following facts to be entered upon the record
to wit.- That James Taylor who was named as executor in the paper
purporting to be the will of Genl James Taylor rejected on yesterday
by the Court after said paper had been read and before the decision
of the Court, stated to the Court that he considered the performance
of the same impracticable and that if it was possible for the Court
to establish the same that he would decline the execution thereof.
And also before the decisions of the Court a paper from Keturah L.
Taylor the widow of Genl James Taylor and one from John W. Tibbatts
and Ann W. his wife H.T. Harris & Keturah his wife, Geo. T. Williamson
and Jane M. his wife were read to the Court and which are in the
words and figures following - To wit."
Newport November 24th 1848
For the justice of the County Court of Campbell County Kentucky
Greeting. I Keturah S. Taylor widow and relief of Genl James Taylor
[corresponds to page 81 of Will Book 3]
81
Sworn to before me Mayor of the city of Newport in the County of
Campbell and State of Kentucky this 7th day July 1849
John A. Talliferro Mayor
Campbell County State of Kentucky Ss-
Sworn to before me a Justice of the peace for Campbell
County this 22nd day of October 1849. Jesse Gelken J.P.
The following are copies of the orders of the Campbell County
Court filed in this Court and referred to in the assignment of error
herein.
State of Kentucky Campbell County Ss.
November Court 1848.
A writing purporting to be the last will & testament of Genl James
Taylor decd. with the several codicils thereto annexed was produced to
court and the will & codicils thereto being proven by Samuel Winsboro
and William B. Ross the witnesses thereto the said Winsboro proving
the hand writing of John M. Thornton & R.T. Thornton the other wit-
-nesses thereto and the Court upon due examinations and considerations
of the premises and being sufficiently advised do reject the said
writing and declare the same to be no will:
"Keturah L. Taylor widow and relict of Genl James Taylor decd. sent
to court her relinguishment of the right to administer on the estate of
Genl James Taylor decd. which was proven by the oaths of W.J. Berry &
Ira Root the witnesses thereto."
"On motion of James Taylor Junr Administrator of all and singular
the Goods, Chattels Rights and credits of Genl James Taylor is granted
unto him who took the oath required by law and with John W.
Tibbatts. H.T. Harris & Geo. T. Williamson, his securities executed bond
in the penalty of $40,000 conditioned according to laws."
"The Court direct the following facts to be entered upon the record
to wit.- That James Taylor who was named as executor in the paper
purporting to be the will of Genl James Taylor rejected on yesterday
by the Court after said paper had been read and before the decision
of the Court, stated to the Court that he considered the performance
of the same impracticable and that if it was possible for the Court
to establish the same that he would decline the execution thereof.
And also before the decisions of the Court a paper from Keturah L.
Taylor the widow of Genl James Taylor and one from John W. Tibbatts
and Ann W. his wife H.T. Harris & Keturah his wife, Geo. T. Williamson
and Jane M. his wife were read to the Court and which are in the
words and figures following - To wit."
Newport November 24th 1848
For the justice of the County Court of Campbell County Kentucky
Greeting. I Keturah S. Taylor widow and relief of Genl James Taylor
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 134)
Description
[page 134]
[corresponds to page 82 of Will Book 3]
82
late of Campbell County deceased do by these presents declare
that I will not take or accept the provision made for me by a
paper reporting to be the will of my deceased husband to be
presented for Probate or any part thereof and renounce all benefit
which I might claim by said will and request the justices do
appoint my son James Taylor and my sons in laws Horatio T.
Harris, John W. Tibbatts, & Geo T. Williamson commissioners to
assign my right of dower in and to the lands of which my late
husband died signed and processed.
Witness
W.J. Berry Respectfully
Ira Root Keturah S. Taylor
Newport Nov. 24th 1848
To the justices of the Campbell County Court in the state of
Kentucky- Gentlemen understanding that a paper purporting
to be the last will & testament of Genl James Taylor late of Campbell
County Kentucky will be presented to the Campbell County Court
for probate and having heard said paper read and taken the same
into due and calm consideration. We the undersigned the only
children of Genl James Taylor except our brother James Taylor
together with our husbands do respectfully request that the said
paper be rejected and declared to be no will for many reasons
us hereunto moving but particularly because we believe it will
be impossible to carry out the objects and purposes therein con-
=tained that it will be the cause of much evil consequences to us and our
families a great loss of proverty to the estate and great injury to the sections
of County in which are situated the large tracts of land belonging to
said estate but more particularly to the county of Campbell.
Respectfully John W. Tibbats
Ann W. Tibbatts
Geo. T. Williamson
Jane M. Williamson
H.T. Harris
Keturah S. Harris
The forgiving are true copies of the orders made in relation to the
will of Genl James Taylor decd. of record in the office of the clerk of the
Campbell County Court. Given under my hand this 21st day of March
A.D. 1849 Ben D. Beale Clk
by James M. Parker D.C.
And that in the 3rd day of April 1849 as a circuit Court held for the
County of Campbell at the Court House in Alexandria the following
orders were made at the times and in the causes hereinafter named. To wit.
Washington J Berry & trustees Pltfs) writ of error
against )
[corresponds to page 82 of Will Book 3]
82
late of Campbell County deceased do by these presents declare
that I will not take or accept the provision made for me by a
paper reporting to be the will of my deceased husband to be
presented for Probate or any part thereof and renounce all benefit
which I might claim by said will and request the justices do
appoint my son James Taylor and my sons in laws Horatio T.
Harris, John W. Tibbatts, & Geo T. Williamson commissioners to
assign my right of dower in and to the lands of which my late
husband died signed and processed.
Witness
W.J. Berry Respectfully
Ira Root Keturah S. Taylor
Newport Nov. 24th 1848
To the justices of the Campbell County Court in the state of
Kentucky- Gentlemen understanding that a paper purporting
to be the last will & testament of Genl James Taylor late of Campbell
County Kentucky will be presented to the Campbell County Court
for probate and having heard said paper read and taken the same
into due and calm consideration. We the undersigned the only
children of Genl James Taylor except our brother James Taylor
together with our husbands do respectfully request that the said
paper be rejected and declared to be no will for many reasons
us hereunto moving but particularly because we believe it will
be impossible to carry out the objects and purposes therein con-
=tained that it will be the cause of much evil consequences to us and our
families a great loss of proverty to the estate and great injury to the sections
of County in which are situated the large tracts of land belonging to
said estate but more particularly to the county of Campbell.
Respectfully John W. Tibbats
Ann W. Tibbatts
Geo. T. Williamson
Jane M. Williamson
H.T. Harris
Keturah S. Harris
The forgiving are true copies of the orders made in relation to the
will of Genl James Taylor decd. of record in the office of the clerk of the
Campbell County Court. Given under my hand this 21st day of March
A.D. 1849 Ben D. Beale Clk
by James M. Parker D.C.
And that in the 3rd day of April 1849 as a circuit Court held for the
County of Campbell at the Court House in Alexandria the following
orders were made at the times and in the causes hereinafter named. To wit.
Washington J Berry & trustees Pltfs) writ of error
against )
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 135)
Description
[page 135]
[corresponds to page 83 of Will Book 3]
83
Keturah L. Taylor & others Defts ) To the Campbell County Court
This day came the parties and it is ordered
that the cause be continued - and on motion of the plaintiffs ordered
that a rule issue herein against James Taylor to bring into Court the
will of Genl James Taylor decd. on or before the first day of the next term"
And afterwards to wit, on the 2nd day of October 1849, at a circuit
Court held as a foresaid the following order was made herein.
The service of process herein on Geo. T. Williamson was proven in
court by the oath of Joseph Selman."
And afterwards to wit - on the 3rd day of October 1849 at a circuit
Court held as aforesaid the following order was made herein-
This day came the plaintiffs by their counsel and John W. Tibbatts
and Ann W. His wife and Geo. T. Williamson and Jane M. his wife enter
themselves defendants. And defendant Geo. T. Williamson filed a
Petition for the removal of this cause to the Circuit Court of the United
States which being heard is overruled by the Court and on motion
of Defendants ordered that a Spoe duces tecum issue against the clerk
of the Campbell County Court to bring into Court the order book of
said Court including the orders made at the November terms 1848
and being unable to get through the cause it is continued untill to-
=morrow morning."
And afterwards to wit on the 4th day of October 1849 as a Circuit Court
held as aforesaid the following order was made herein -
"This day came the parties by their Attorneys and the Court having
fully heard the evidence and the arguments of Counsel and the will of
James Taylor dated the 18th day of December 1844, having been fully and
duly proved by the oath of Samuel Winslow one of the subscribing
witnesses thereto who also proved that John M. Thornton & R.T. Thornton
each subscribed said will as witnesses thereto in his presence and in
the presence of the testator, and the first codicil of said will dated the
6th December 1847 having been proved by the oath of said Winslow
to be entirely in the hand writing ( body and Signature) of James Taylor
the Testator, and the second codicil to said will dated the first day
of July 1848 and witnessed by Samuel Winslow and Williams B. Ross having
been duly proved by the oaths of said Winslow and Ross subscribing
witnesses thereto, It is ordered and adjudged that the decisions aforesaid
of the Campbell County Court aforesaid rejecting said will & codicils to
refusing to record them as the last will and testament of James Taylor
be and the same is hereby reversed and the said will and codicils dated
as aforesaid are adjudged and decided to be the last true will and
Testament of James Taylor deceased are hereby established and
ordered to be recorded in this Court and in the Campbell County Court
as such.
And after said will & codicils are recorded It is ordered that
[corresponds to page 83 of Will Book 3]
83
Keturah L. Taylor & others Defts ) To the Campbell County Court
This day came the parties and it is ordered
that the cause be continued - and on motion of the plaintiffs ordered
that a rule issue herein against James Taylor to bring into Court the
will of Genl James Taylor decd. on or before the first day of the next term"
And afterwards to wit, on the 2nd day of October 1849, at a circuit
Court held as a foresaid the following order was made herein.
The service of process herein on Geo. T. Williamson was proven in
court by the oath of Joseph Selman."
And afterwards to wit - on the 3rd day of October 1849 at a circuit
Court held as aforesaid the following order was made herein-
This day came the plaintiffs by their counsel and John W. Tibbatts
and Ann W. His wife and Geo. T. Williamson and Jane M. his wife enter
themselves defendants. And defendant Geo. T. Williamson filed a
Petition for the removal of this cause to the Circuit Court of the United
States which being heard is overruled by the Court and on motion
of Defendants ordered that a Spoe duces tecum issue against the clerk
of the Campbell County Court to bring into Court the order book of
said Court including the orders made at the November terms 1848
and being unable to get through the cause it is continued untill to-
=morrow morning."
And afterwards to wit on the 4th day of October 1849 as a Circuit Court
held as aforesaid the following order was made herein -
"This day came the parties by their Attorneys and the Court having
fully heard the evidence and the arguments of Counsel and the will of
James Taylor dated the 18th day of December 1844, having been fully and
duly proved by the oath of Samuel Winslow one of the subscribing
witnesses thereto who also proved that John M. Thornton & R.T. Thornton
each subscribed said will as witnesses thereto in his presence and in
the presence of the testator, and the first codicil of said will dated the
6th December 1847 having been proved by the oath of said Winslow
to be entirely in the hand writing ( body and Signature) of James Taylor
the Testator, and the second codicil to said will dated the first day
of July 1848 and witnessed by Samuel Winslow and Williams B. Ross having
been duly proved by the oaths of said Winslow and Ross subscribing
witnesses thereto, It is ordered and adjudged that the decisions aforesaid
of the Campbell County Court aforesaid rejecting said will & codicils to
refusing to record them as the last will and testament of James Taylor
be and the same is hereby reversed and the said will and codicils dated
as aforesaid are adjudged and decided to be the last true will and
Testament of James Taylor deceased are hereby established and
ordered to be recorded in this Court and in the Campbell County Court
as such.
And after said will & codicils are recorded It is ordered that
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 136)
Description
[page 136]
[corresponds to page 84 of will Book 3]
84
they be and they are hereby remanded to the Campbell County
court who are hereby ordered and directed to have said will and
codicils duly recorded as the last will and testament of James Taylor
decd. all of which is ordered to be duly certified to said Court. It is
further ordered that the Plaintiffs in error recover of the defendants
in error their costs in this Court expended & may have execution
therefor."
Said will and codicils was then recorded in the Order Book of said
Court on said 4th day of October 1849 in the words & figures following
to wit; -
I James Taylor
of the County of Campbell and State of Kentucky
do hereby
Make my last will and testament
in manner and form following: - that is to say,
Sec.1 I desire that all the perishable part of my estate be immediately
sold after my deceased and the money arising therefrom be applied
towards the payment of my debts and my funeral expenses. I reserve
from sale all my household furniture and plate, which I give
to my beloved wife. I also reserve from sale my carriage and
horses and as many cows as she may think proper to keep.
Sec.2 All of my real estate in the States of Kentucky, Ohio and Indiana
and elsewhere both Lands and Town Lots.- except my Cincinnati property
and such as is hereafter specialty devised. I direct shall be sold and
disposed of by my executor; and I hereby empower him to sell and
convey the same. From the sales of my said real estate. I wish my
executor to raise a fund for the purpose of paying all my debts -
the taxes on my lands and other property and also to pay all
costs, charges, expenses and fees that may be incurred in the
management of my estate by my executor and agents under him
As this fund which is to be raised from the sales of my real estate
will, in my opinion, be more than will pay my debts and the
expenses, taxes and other charges in the settlement of my estate
my executor is directed to dispose of and invest the surplus as
herein after directed; taking care, however as the expenses will be
great and the taxes high to reserve a sufficiency in his hands
to meet said taxes and expenses which matter is left to his dise-
=resion and judgment as he will have a proper idea of the amount
of my debts taxes and expenses and other claims against my estate.
I direct that my large debts be first paid and that said surplus arising
from the sale of my real estate and other debts due me - after making
a reservation for meeting the taxes, costs and changes that may from
time to time accrue against my estate - be invested as follows, to writ:
First- in erecting suitable buildings for rent on my vacant lots in
[corresponds to page 84 of will Book 3]
84
they be and they are hereby remanded to the Campbell County
court who are hereby ordered and directed to have said will and
codicils duly recorded as the last will and testament of James Taylor
decd. all of which is ordered to be duly certified to said Court. It is
further ordered that the Plaintiffs in error recover of the defendants
in error their costs in this Court expended & may have execution
therefor."
Said will and codicils was then recorded in the Order Book of said
Court on said 4th day of October 1849 in the words & figures following
to wit; -
I James Taylor
of the County of Campbell and State of Kentucky
do hereby
Make my last will and testament
in manner and form following: - that is to say,
Sec.1 I desire that all the perishable part of my estate be immediately
sold after my deceased and the money arising therefrom be applied
towards the payment of my debts and my funeral expenses. I reserve
from sale all my household furniture and plate, which I give
to my beloved wife. I also reserve from sale my carriage and
horses and as many cows as she may think proper to keep.
Sec.2 All of my real estate in the States of Kentucky, Ohio and Indiana
and elsewhere both Lands and Town Lots.- except my Cincinnati property
and such as is hereafter specialty devised. I direct shall be sold and
disposed of by my executor; and I hereby empower him to sell and
convey the same. From the sales of my said real estate. I wish my
executor to raise a fund for the purpose of paying all my debts -
the taxes on my lands and other property and also to pay all
costs, charges, expenses and fees that may be incurred in the
management of my estate by my executor and agents under him
As this fund which is to be raised from the sales of my real estate
will, in my opinion, be more than will pay my debts and the
expenses, taxes and other charges in the settlement of my estate
my executor is directed to dispose of and invest the surplus as
herein after directed; taking care, however as the expenses will be
great and the taxes high to reserve a sufficiency in his hands
to meet said taxes and expenses which matter is left to his dise-
=resion and judgment as he will have a proper idea of the amount
of my debts taxes and expenses and other claims against my estate.
I direct that my large debts be first paid and that said surplus arising
from the sale of my real estate and other debts due me - after making
a reservation for meeting the taxes, costs and changes that may from
time to time accrue against my estate - be invested as follows, to writ:
First- in erecting suitable buildings for rent on my vacant lots in
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 137)
Description
[page 137]
[corresponds to page 85 of Will Book 3]
85
the city of Cincinnati and particularly on those in Canal &
Walnut streets. The residue of the money (if any there shall be) I give
one fourth of it to my son James for his own use and he is to
invest the remaining three fourths of it in productive real estate
or ground rents in the city of Cincinnati, Covington or Newport
for the sole and exclusive use and benefit of my three daughters
who are to have the rents and profits of the same during their nat-
-ural lives; and at their death, the title of said property so purch-
-ased to vest in their heirs in fee forever. I will be expedient that
any property, so purchased shall be divided between my said daughters
provided the same is susceptible of diversion, so that each one may
have, hold and enjoy the rents & profits of the same, and for that
purpose my executor will cause commissioners to be appointed by
the Court for that purpose. I hereby direct that in all cases where
my said executor shall purchase real estate on ground units, in
the city of Cincinnati, Covington or Newport for the benefit of
my said daughters that in taking the deeds that said deeds
be made to them so as to distinguish between the property heresay
purchase for these and that he may purchase for himself.
Sec3 In making sales of my real estate my said executor is to use
his discresion- when to sell the same and on such credit as he shall deem
best. - so that the property bring in a fair price and over this matter I
give him full power- having confidence in his honesty and judgement:
and such of the improved lands that remains unsold from time to time
my executor is hereby empowered to lease out the same from time to time
as he shall seem proper, and if necessary to have more land cleared
adjoining to any improvements, so as to increase the value of the
same.
Sec4 If my son James and my daughters should wish to have
reserved from sale two or three lots for each of them in the town
of Newport, it can be done, and my executor is directed to have
a division of said lots that may be reserved from sale, giving
each of my four children, or their heirs, property in lots of equal
value. Some lots may be more valuable than others and the
division is to be so made that the property shall be of equal
value; but this reservation must be made before my executor
shall sell any of said lots. The lots going to my said daughters
they are to have the, entire, sole and exclusive benefits of the rents
and profits of the same during their natural lives and at their
deaths to go to their heirs in fee forever. The lots my son James
shall recieve I give to him and his heirs assigns forever.
Sec5 Having heretofore sold real estate in Kentucky and Ohio some of
which may have been paid for and some not paid for and eviden-
-ces of the debts are now in my hands and in the hands of my diff-
erent agents in the shape of Notes Bonds, Contracts and Mortg-
ages, my said executor is empowered and directed to collect all of
[corresponds to page 85 of Will Book 3]
85
the city of Cincinnati and particularly on those in Canal &
Walnut streets. The residue of the money (if any there shall be) I give
one fourth of it to my son James for his own use and he is to
invest the remaining three fourths of it in productive real estate
or ground rents in the city of Cincinnati, Covington or Newport
for the sole and exclusive use and benefit of my three daughters
who are to have the rents and profits of the same during their nat-
-ural lives; and at their death, the title of said property so purch-
-ased to vest in their heirs in fee forever. I will be expedient that
any property, so purchased shall be divided between my said daughters
provided the same is susceptible of diversion, so that each one may
have, hold and enjoy the rents & profits of the same, and for that
purpose my executor will cause commissioners to be appointed by
the Court for that purpose. I hereby direct that in all cases where
my said executor shall purchase real estate on ground units, in
the city of Cincinnati, Covington or Newport for the benefit of
my said daughters that in taking the deeds that said deeds
be made to them so as to distinguish between the property heresay
purchase for these and that he may purchase for himself.
Sec3 In making sales of my real estate my said executor is to use
his discresion- when to sell the same and on such credit as he shall deem
best. - so that the property bring in a fair price and over this matter I
give him full power- having confidence in his honesty and judgement:
and such of the improved lands that remains unsold from time to time
my executor is hereby empowered to lease out the same from time to time
as he shall seem proper, and if necessary to have more land cleared
adjoining to any improvements, so as to increase the value of the
same.
Sec4 If my son James and my daughters should wish to have
reserved from sale two or three lots for each of them in the town
of Newport, it can be done, and my executor is directed to have
a division of said lots that may be reserved from sale, giving
each of my four children, or their heirs, property in lots of equal
value. Some lots may be more valuable than others and the
division is to be so made that the property shall be of equal
value; but this reservation must be made before my executor
shall sell any of said lots. The lots going to my said daughters
they are to have the, entire, sole and exclusive benefits of the rents
and profits of the same during their natural lives and at their
deaths to go to their heirs in fee forever. The lots my son James
shall recieve I give to him and his heirs assigns forever.
Sec5 Having heretofore sold real estate in Kentucky and Ohio some of
which may have been paid for and some not paid for and eviden-
-ces of the debts are now in my hands and in the hands of my diff-
erent agents in the shape of Notes Bonds, Contracts and Mortg-
ages, my said executor is empowered and directed to collect all of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 138)
Description
[page 138]
[corresponds to page 86 of Will Book 3]
86
said debts and all other debts due me. whether by bond mortgage or
otherwise and to receipt for the same and he is also empowered and
directed to execute deeds to all persons who hold Title Bonds or Con-
=tracts given and made by him or given and made by any of my
land agents who have been empowered from time to time to sell
lands for me - hereby giving my said executor full and complete
power to close up all my land business and to make letters to those
to whom I or my land agents have sold any lands, towns, lots or
other real estate.
Sec6 My executor is hereby empowered to sell my Bank Stocks and all
other stocks I hold in incorporated companies- but if he desides it
best not to sell he is at liberty to do so and recieve the dividends on
the same which are to be applied to the payment of my debts fees, taxes
and charges incidental to the manamement of my estate.
Sec7 I give to my three daughters, Keturah, Ann & Jane, the residue of
my home on Bellevue tract ajoining the town of Newport except so
much of said tract as I have deeded to my son James, having con-
=veyed to him 800 acres out of said tract. The tract called the Home or
Bellevue tract is that which I own embraced in the patent of my
father, and what I own in Meriweather's patent, also the land now
rented to Hoops and extending up to the land I have given to Mrs.
Harris. Said land is hereby devised to my three daughters to be div-
=ided equally between them, and they are to have the sole and exclusive
use and benefit of the same, and the rents thereof, during their natural
lives, and at their decease the same is to go and decend to their heirs
in fee forever. As the town of Newport is likely to improve and lots
may be wanted if my daughters desire is 120 or 180 acres of the land
on the west side of the road and back of Mayo's Orchard and extending
to Licking may be laid off into town lots and sold and conveyed in
fee or put in perpectual lease as they may choose; and to effect this
object the Circuit Court may appoint a trustee to sell and convey
or lease perpetually said ground- said trustee giving bond and
security faithfully to execute said trust - and to be paid for his
services, and is said trustee shall sell said property or any part
of it, he is to invest the money in productive real estate, in the
city of Cincinnati, Covington or Newport; or if my daughters
prefer it in Ohio or Kentucky State bonds, yielding an annual
interest; and the real estate so to be purchased by said trustee,
he is to take the title to the same to my said daughters, who are
to have the sole and exclusive use and benefit of the rents and
profits of the same and interest on the bonds during their natural
lives and at their deaths the same is to go in fee to their heirs
forever. And if the lots are leased perpetualy, the said trustee is
to deliver the evidences of such leasing to said daughters, who are to
receive for their sole and exclusive use and benefit the yearly
rents and profits of said property. The real estate that may
[corresponds to page 86 of Will Book 3]
86
said debts and all other debts due me. whether by bond mortgage or
otherwise and to receipt for the same and he is also empowered and
directed to execute deeds to all persons who hold Title Bonds or Con-
=tracts given and made by him or given and made by any of my
land agents who have been empowered from time to time to sell
lands for me - hereby giving my said executor full and complete
power to close up all my land business and to make letters to those
to whom I or my land agents have sold any lands, towns, lots or
other real estate.
Sec6 My executor is hereby empowered to sell my Bank Stocks and all
other stocks I hold in incorporated companies- but if he desides it
best not to sell he is at liberty to do so and recieve the dividends on
the same which are to be applied to the payment of my debts fees, taxes
and charges incidental to the manamement of my estate.
Sec7 I give to my three daughters, Keturah, Ann & Jane, the residue of
my home on Bellevue tract ajoining the town of Newport except so
much of said tract as I have deeded to my son James, having con-
=veyed to him 800 acres out of said tract. The tract called the Home or
Bellevue tract is that which I own embraced in the patent of my
father, and what I own in Meriweather's patent, also the land now
rented to Hoops and extending up to the land I have given to Mrs.
Harris. Said land is hereby devised to my three daughters to be div-
=ided equally between them, and they are to have the sole and exclusive
use and benefit of the same, and the rents thereof, during their natural
lives, and at their decease the same is to go and decend to their heirs
in fee forever. As the town of Newport is likely to improve and lots
may be wanted if my daughters desire is 120 or 180 acres of the land
on the west side of the road and back of Mayo's Orchard and extending
to Licking may be laid off into town lots and sold and conveyed in
fee or put in perpectual lease as they may choose; and to effect this
object the Circuit Court may appoint a trustee to sell and convey
or lease perpetually said ground- said trustee giving bond and
security faithfully to execute said trust - and to be paid for his
services, and is said trustee shall sell said property or any part
of it, he is to invest the money in productive real estate, in the
city of Cincinnati, Covington or Newport; or if my daughters
prefer it in Ohio or Kentucky State bonds, yielding an annual
interest; and the real estate so to be purchased by said trustee,
he is to take the title to the same to my said daughters, who are
to have the sole and exclusive use and benefit of the rents and
profits of the same and interest on the bonds during their natural
lives and at their deaths the same is to go in fee to their heirs
forever. And if the lots are leased perpetualy, the said trustee is
to deliver the evidences of such leasing to said daughters, who are to
receive for their sole and exclusive use and benefit the yearly
rents and profits of said property. The real estate that may
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 139)
Description
[page 139]
[corresponds to page 87 of will book 3]
87
be purchased by said trustee, or the prepetual lease or State
bonds, if any are purchased, shall be divided equally between my said
three daughters who are to hold and enjoy their respective parts in
severally during the time limited as aforesaid ; that is for their
natural lives. If my said daughters should not wish to have any
part of said land laid off into lots, as aforesaid, but choose to have
it divided amoung them, any one of them can have their part or
portion laid off into town lots and it can be disposed of by a trustee
as above provided for.
Sec 8 I hereby direct that my Mercer tract on the Ohio river, in
Campbell County and the land I own adjoining pantented to John
Williams together with the tract I own between 3 and 4 miles on
the Ohio patented to Edmund Taylor and adjoining Israel Ware be
divided into 4 parts or lots all of which shall be of equal value as
near as possible, and I give and begueath to each of my children
one fourth of the same - that is to say each of my daughters to have one
fourth , and my son James, one fourth as the same may be divided
and the lots or tratcs so to be divided which shall fall to my daug-
=hters. I give to them and each of them to hold and enjoy the rents
and profits of the same to their seperate sole and exclusive benefit
and for the benefit of no other person for and during their natural
lives, and at their deaths the little of the same is to vest in their heirs
in fee forever. The tract, or fourth part, allowed to my son James, out
of the said Mercer tract and the other tracts mentioned. I give to
my son, James and to him and his heirs forever.
Sec. 9. I direct 1200 acres of my Banklick tract [except the part especi-
=ally hereinafter devised to my daughter Jane] be divided into four
tracts or parcels all of which shall be equal value - as near as
may be possible: and I give and begueath unto each one of my
said children one lot or tract. The tracts or lots which I give to
my daughters they are to have, hold, and enjoy the rents and
profits of the same for their seperate and sole use during their
natural lives and at their deaths the title of the same is to be vest
in their heirs in fee forever. The lot or tract which shall fall or be
allotted to my son James out of the said Banklick tract. I hereby give
to him and to his heirs forever. The 1200 acres refered to is to be taken from
the lower side of Banklick Creek, including the mills and enough
from the upper side of the Creek to make the quantity of 1200 acres is to be
taken from the land on the west side of Banklick Road leading up the
ridge. But if the said 1200 acres is not susceptable of a fair and equal division
enough to make it so is to be added from the land west of said mill road
The improvements on the said lots are to be estimated in making the division
the intention is to make four tracts which shall be as neat as possible of equal
value, and if my children cannot agree themselves as to how the divisions
shall be made, the County Court of Kenton County shall appoint three acceptable
disinterested persons to divide the property. The balance of my land in
[corresponds to page 87 of will book 3]
87
be purchased by said trustee, or the prepetual lease or State
bonds, if any are purchased, shall be divided equally between my said
three daughters who are to hold and enjoy their respective parts in
severally during the time limited as aforesaid ; that is for their
natural lives. If my said daughters should not wish to have any
part of said land laid off into lots, as aforesaid, but choose to have
it divided amoung them, any one of them can have their part or
portion laid off into town lots and it can be disposed of by a trustee
as above provided for.
Sec 8 I hereby direct that my Mercer tract on the Ohio river, in
Campbell County and the land I own adjoining pantented to John
Williams together with the tract I own between 3 and 4 miles on
the Ohio patented to Edmund Taylor and adjoining Israel Ware be
divided into 4 parts or lots all of which shall be of equal value as
near as possible, and I give and begueath to each of my children
one fourth of the same - that is to say each of my daughters to have one
fourth , and my son James, one fourth as the same may be divided
and the lots or tratcs so to be divided which shall fall to my daug-
=hters. I give to them and each of them to hold and enjoy the rents
and profits of the same to their seperate sole and exclusive benefit
and for the benefit of no other person for and during their natural
lives, and at their deaths the little of the same is to vest in their heirs
in fee forever. The tract, or fourth part, allowed to my son James, out
of the said Mercer tract and the other tracts mentioned. I give to
my son, James and to him and his heirs forever.
Sec. 9. I direct 1200 acres of my Banklick tract [except the part especi-
=ally hereinafter devised to my daughter Jane] be divided into four
tracts or parcels all of which shall be equal value - as near as
may be possible: and I give and begueath unto each one of my
said children one lot or tract. The tracts or lots which I give to
my daughters they are to have, hold, and enjoy the rents and
profits of the same for their seperate and sole use during their
natural lives and at their deaths the title of the same is to be vest
in their heirs in fee forever. The lot or tract which shall fall or be
allotted to my son James out of the said Banklick tract. I hereby give
to him and to his heirs forever. The 1200 acres refered to is to be taken from
the lower side of Banklick Creek, including the mills and enough
from the upper side of the Creek to make the quantity of 1200 acres is to be
taken from the land on the west side of Banklick Road leading up the
ridge. But if the said 1200 acres is not susceptable of a fair and equal division
enough to make it so is to be added from the land west of said mill road
The improvements on the said lots are to be estimated in making the division
the intention is to make four tracts which shall be as neat as possible of equal
value, and if my children cannot agree themselves as to how the divisions
shall be made, the County Court of Kenton County shall appoint three acceptable
disinterested persons to divide the property. The balance of my land in
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 140)
Description
[page 140]
[corresponds to page 88 of will book 3]
88
Kenton County is to be sold and conveyed by my executor.
Sec 10 I give and begueath unto my daughter Ann W. Tibbatts my
stock - farm in Union County on Treacles Creek of about 1200 acres - being
survey No 5726, and No 7492 also survey No 10338 of 200 acres, in same
County. My said daughter Ann Tibbatts is to have and to hold
the same during her natural life and to enjoy the rent and
profits thereof for her seperate sole and exclusion her
and benefit and for the use and benefit of no other
person, and at her death the title to the same is
to vest in her heirs in fee forever- She paying the annual
taxes on said land-
Sec 11 I give and bequeath unto my daughter Keturah Harris
my Miami Stock farm- being survey No 1185 of upw
-ards of one thousand acres in Clark and Green Coun-
=ties and the State of Ohio to have and to hold the same
during her natural life, and to hold the rent
and profit thereof for her seperate sole and exclu-
-sive use and benefit, and for the use and ben-
-efit of no other person, and at her death the
title to the same is to vest in her heirs in fee
forever- She paying annual taxes on said land
Sec 12 I give unto my daughter Jane Williamson my
pasture farm, in Green County Ohio - being part
of survey No 816 No 9836 No 784 No 9539 No 9540 and
the east half of survey No 14132 containing in the
whole about 1800 acres, to hold the same during
her natural life, then the title to vest, at her
death, in her heirs forever- She paying the annual
taxes on the land
Sec 13 I hereby give unto my three daughters my Parnel's
bottom tract of land in Boone County Kentucky
except 100 acres, which is to be laid off - partly on
lower side, the upper side, and back of the town
of Taylorsville- as my executor shall direct, which
is reserved to be laid out into lots, if my executor
deems necessary for said town, and to be sold
by my executor. The said Parnel's bottom tract
is to be divided between my said three daughters
who are to have hold and enjoy the rent and
profits thereof, for their seperate sole and exclu-
-sive benefit and use and at their death the title
to the land is to vest in fee in their heirs forever-
they paying the annual taxes on the land.
Sec 14 My Garrard Station tract of land - being survey
No 536 and No 5113 containing about 615 acres more
or less, situated in the County of Hamilton and
[corresponds to page 88 of will book 3]
88
Kenton County is to be sold and conveyed by my executor.
Sec 10 I give and begueath unto my daughter Ann W. Tibbatts my
stock - farm in Union County on Treacles Creek of about 1200 acres - being
survey No 5726, and No 7492 also survey No 10338 of 200 acres, in same
County. My said daughter Ann Tibbatts is to have and to hold
the same during her natural life and to enjoy the rent and
profits thereof for her seperate sole and exclusion her
and benefit and for the use and benefit of no other
person, and at her death the title to the same is
to vest in her heirs in fee forever- She paying the annual
taxes on said land-
Sec 11 I give and bequeath unto my daughter Keturah Harris
my Miami Stock farm- being survey No 1185 of upw
-ards of one thousand acres in Clark and Green Coun-
=ties and the State of Ohio to have and to hold the same
during her natural life, and to hold the rent
and profit thereof for her seperate sole and exclu-
-sive use and benefit, and for the use and ben-
-efit of no other person, and at her death the
title to the same is to vest in her heirs in fee
forever- She paying annual taxes on said land
Sec 12 I give unto my daughter Jane Williamson my
pasture farm, in Green County Ohio - being part
of survey No 816 No 9836 No 784 No 9539 No 9540 and
the east half of survey No 14132 containing in the
whole about 1800 acres, to hold the same during
her natural life, then the title to vest, at her
death, in her heirs forever- She paying the annual
taxes on the land
Sec 13 I hereby give unto my three daughters my Parnel's
bottom tract of land in Boone County Kentucky
except 100 acres, which is to be laid off - partly on
lower side, the upper side, and back of the town
of Taylorsville- as my executor shall direct, which
is reserved to be laid out into lots, if my executor
deems necessary for said town, and to be sold
by my executor. The said Parnel's bottom tract
is to be divided between my said three daughters
who are to have hold and enjoy the rent and
profits thereof, for their seperate sole and exclu-
-sive benefit and use and at their death the title
to the land is to vest in fee in their heirs forever-
they paying the annual taxes on the land.
Sec 14 My Garrard Station tract of land - being survey
No 536 and No 5113 containing about 615 acres more
or less, situated in the County of Hamilton and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 141)
Description
[page 141]
[corresponds to page 89 of will book 3]
89
State of Ohio, on the Little Miami River, I hereby and
begueath to my son James and his heirs forever-
Sec 15 My real estate which I now own, in the City of Cinc-
=innati, and such as I may purchase in said City,
my executor is direced to rent out from year to
year, and receive the rent of the same, and said
real estate, is not to be divided amoung my chil-
-dren, or their heirs until after the death of my
beloved wife, after her death, said real estate,
in said city, is to be divided equally between my
four children, or the heirs of any of said chil-
=dren, if any of my children should die before
that period; and the portion or portions, which
shall be allotted to my daughters, I give and
begueath them the same, to have and to hold
the same, for their seperate, sole, use and ben-
=efit, and for the use and benefit of no other
person, or persons during their natural lives,
and at their deaths, the title to the same is to
vest in their heirs in fee forever. The part, or portion,
of the real estate in the city of Cincinnati, which
shall fall or be allotted to my son, James. I
hereby give and begueath to him and his heirs
forever
Sec 16 I hereby direct that my executor shall rent out
and receive the rent of my Ferries, and such Ferries
as may be established, from my landings on the Newport
and Cincinnati shores, during his life, and after de
=ducting the cost and expences of renting and attending
to the same, he is to pay over to my said daughters
or their heirs- if they should die- three fourths of
said rent, for their seperate sole use and benefit
and their recipts for said rents and all legacies
herein, shall be a sufficient discharge to my exe-
-cutor. But I here expressly declare that the
rents of said Ferries, are not to be paid to my
said children, or their heirs untill after the
death of my wife. After the death of my wife
my son James, is to retain for his own use one
fourth of the rent of said ferries. After the
death of my son James I bequeath the ferry ac-
=ross the Ohio, from Newport and Licking ferry, and
my right & title to the esplanade in front of the
town of Newport, and the river shore in front of
the Newport manufacturing companys grounds, to
my children who may be living, and if any of them
[corresponds to page 89 of will book 3]
89
State of Ohio, on the Little Miami River, I hereby and
begueath to my son James and his heirs forever-
Sec 15 My real estate which I now own, in the City of Cinc-
=innati, and such as I may purchase in said City,
my executor is direced to rent out from year to
year, and receive the rent of the same, and said
real estate, is not to be divided amoung my chil-
-dren, or their heirs until after the death of my
beloved wife, after her death, said real estate,
in said city, is to be divided equally between my
four children, or the heirs of any of said chil-
=dren, if any of my children should die before
that period; and the portion or portions, which
shall be allotted to my daughters, I give and
begueath them the same, to have and to hold
the same, for their seperate, sole, use and ben-
=efit, and for the use and benefit of no other
person, or persons during their natural lives,
and at their deaths, the title to the same is to
vest in their heirs in fee forever. The part, or portion,
of the real estate in the city of Cincinnati, which
shall fall or be allotted to my son, James. I
hereby give and begueath to him and his heirs
forever
Sec 16 I hereby direct that my executor shall rent out
and receive the rent of my Ferries, and such Ferries
as may be established, from my landings on the Newport
and Cincinnati shores, during his life, and after de
=ducting the cost and expences of renting and attending
to the same, he is to pay over to my said daughters
or their heirs- if they should die- three fourths of
said rent, for their seperate sole use and benefit
and their recipts for said rents and all legacies
herein, shall be a sufficient discharge to my exe-
-cutor. But I here expressly declare that the
rents of said Ferries, are not to be paid to my
said children, or their heirs untill after the
death of my wife. After the death of my wife
my son James, is to retain for his own use one
fourth of the rent of said ferries. After the
death of my son James I bequeath the ferry ac-
=ross the Ohio, from Newport and Licking ferry, and
my right & title to the esplanade in front of the
town of Newport, and the river shore in front of
the Newport manufacturing companys grounds, to
my children who may be living, and if any of them
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 142)
Description
[page 142]
[corresponds to page 90 of will book 3]
90
are dead, to their heir. My children are to have the
rent and profit of said ferries, during their na-
=tural lives, for their seperate, sole and exclusive
use and benefit, and at their deaths, the same
is to vest in their children - the children of my
son, James, to have one fourth part of said
ferries at his death -
Sec 17 From the rent of my said ferries and the rents of
my real estate in the City of Cincinnati, and any
other funds in the hands of my executor, or which
may come into his hands I hereby direct him to pay
over annaully to my beloved wife, the sum of fifteen
hundred dollars during her life and to be paid to
her quarterly, which, together with the other provisions
made her; in this my will, is to be in lieu of
dower, in my estate and in lieu of all part or
portion of my property either real, personal or
mixed -
Sec 18 As my estate is large, and as my executor, who is
my son, James, will have much trouble and
labor, to settle up and manage the same, and as
he cannot do it without the aid of others. I
hereby direct and empower him to employ a sufficient
number of agents, clerks, and attorneys to aid him
in selling my said lands and attending to all
of my businesses of every kind. And my said ex-
=ecutor is to pay said agents, clerks, and attorneys
for their services out of any funds that may be
in his hands. And, I here expressly declare that
my son James My executor, shall not be held
liable for the negligence or improper or fraudlantly
conduct of any agent, clerk, or attorney. That may
be appointed by him. All that I ask and expect
of my executor, is that he will do the best he can
to manage and close up my estate, and as he
must rely on the conduct and services of others I
do not intend that he shall be held personally
responsible for their negligence or bad conduct -
Sec 19 I hereby direct that my executor shall remain a liberal
compensation for all his services both as executor
and where he may be considered as trustee for my
estate and for my daughters, and he is to retain
in his hands, from time to time, his pay or compensation
for said services that may be rendered by him. My
said executor is to keep and accurate account of all
monies recieved and paid out by him, which books of
[corresponds to page 90 of will book 3]
90
are dead, to their heir. My children are to have the
rent and profit of said ferries, during their na-
=tural lives, for their seperate, sole and exclusive
use and benefit, and at their deaths, the same
is to vest in their children - the children of my
son, James, to have one fourth part of said
ferries at his death -
Sec 17 From the rent of my said ferries and the rents of
my real estate in the City of Cincinnati, and any
other funds in the hands of my executor, or which
may come into his hands I hereby direct him to pay
over annaully to my beloved wife, the sum of fifteen
hundred dollars during her life and to be paid to
her quarterly, which, together with the other provisions
made her; in this my will, is to be in lieu of
dower, in my estate and in lieu of all part or
portion of my property either real, personal or
mixed -
Sec 18 As my estate is large, and as my executor, who is
my son, James, will have much trouble and
labor, to settle up and manage the same, and as
he cannot do it without the aid of others. I
hereby direct and empower him to employ a sufficient
number of agents, clerks, and attorneys to aid him
in selling my said lands and attending to all
of my businesses of every kind. And my said ex-
=ecutor is to pay said agents, clerks, and attorneys
for their services out of any funds that may be
in his hands. And, I here expressly declare that
my son James My executor, shall not be held
liable for the negligence or improper or fraudlantly
conduct of any agent, clerk, or attorney. That may
be appointed by him. All that I ask and expect
of my executor, is that he will do the best he can
to manage and close up my estate, and as he
must rely on the conduct and services of others I
do not intend that he shall be held personally
responsible for their negligence or bad conduct -
Sec 19 I hereby direct that my executor shall remain a liberal
compensation for all his services both as executor
and where he may be considered as trustee for my
estate and for my daughters, and he is to retain
in his hands, from time to time, his pay or compensation
for said services that may be rendered by him. My
said executor is to keep and accurate account of all
monies recieved and paid out by him, which books of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 143)
Description
[page 143]
[corresponds to page 91 of will book 3]
91
accounts shall be evidence for and against him in settlements
he may make from time to time.
Sec 20 If it should so happen that any one of my childrens are disatisfied
with the devises made them and should prefer property devised to anot-
=her and should wish to exchange property so devised with each other I
hereby empower them to make such exchanges with each other of any
property herein devised them and to transfer the title, each to the other
but they are to hold said estate or property thus transfered and exchanged
in the same manner that the estate was held before the transfer or
exchange was made, But if any one of my said daughters should
wish to exchange property so devised them in this will, with my
son James, their estate being only an estate for life, I hereby dec-
=lare that the property exchanges and transfered by them to him shall
vest in him an estate in fee and not for life, and the property that
may be transfered from him to them, shall vest in them an estate
which they shall hold and enjoy during their natural lives, for
their sole and seperate use and benefit, and at their demise to go to
their heirs in fee forever.
Sec 21 If the Ohio farms and lands and the Parnell Bottom tract in Kentucky
devised to my said three daughters should be found not to be productive,
and if my said daughters or any one of them should devise to exchange
the same for productive property either in Covington, Cincinnati
or Newport or may desire to sell the same. I hereby direct that
said exchange or sale may be made, provided my son James shall
advise it - and provided also that the real estate that may be
exchanged for said farms and lands shall be so vested in my said
daughters that they shall have a life estate in the same with the
receipts of the rents and profits thereof for their sole and exclusive
use and benefit and that the same shall go to their heirs in fee
at their demise, And I will permit said lands and farms so
devised to my said daughters to be sold only on condition that the funds
arising from the sale thereof be invested in productive real estate
or ground rents in Covington, Cincinnati or Newport the title
to which is to be vested in my said daughters or such of them as
shall desire to sell said lands and farms so that they hold the same
during their natural lives and recieve the rents and profits thereof
during that time to their sole and separate use and benefit and at their
demise the title of the same is to vest in their heirs in fee and if
the said lands and farms so devised to my said daughters can be
exchanged or disposed of as above stated I consent to the same but
not otherwise.
Sec. 22 As my executor well have to attend to my suits now pending in the
Courts and such as may be brought against my estate and to all conflicting
claims to my lands, I hereby direct and invest him with full power to settle
compound and adjust by way of compromises all or any of such claim
suits or demands against my estate giving my said executor full power
[corresponds to page 91 of will book 3]
91
accounts shall be evidence for and against him in settlements
he may make from time to time.
Sec 20 If it should so happen that any one of my childrens are disatisfied
with the devises made them and should prefer property devised to anot-
=her and should wish to exchange property so devised with each other I
hereby empower them to make such exchanges with each other of any
property herein devised them and to transfer the title, each to the other
but they are to hold said estate or property thus transfered and exchanged
in the same manner that the estate was held before the transfer or
exchange was made, But if any one of my said daughters should
wish to exchange property so devised them in this will, with my
son James, their estate being only an estate for life, I hereby dec-
=lare that the property exchanges and transfered by them to him shall
vest in him an estate in fee and not for life, and the property that
may be transfered from him to them, shall vest in them an estate
which they shall hold and enjoy during their natural lives, for
their sole and seperate use and benefit, and at their demise to go to
their heirs in fee forever.
Sec 21 If the Ohio farms and lands and the Parnell Bottom tract in Kentucky
devised to my said three daughters should be found not to be productive,
and if my said daughters or any one of them should devise to exchange
the same for productive property either in Covington, Cincinnati
or Newport or may desire to sell the same. I hereby direct that
said exchange or sale may be made, provided my son James shall
advise it - and provided also that the real estate that may be
exchanged for said farms and lands shall be so vested in my said
daughters that they shall have a life estate in the same with the
receipts of the rents and profits thereof for their sole and exclusive
use and benefit and that the same shall go to their heirs in fee
at their demise, And I will permit said lands and farms so
devised to my said daughters to be sold only on condition that the funds
arising from the sale thereof be invested in productive real estate
or ground rents in Covington, Cincinnati or Newport the title
to which is to be vested in my said daughters or such of them as
shall desire to sell said lands and farms so that they hold the same
during their natural lives and recieve the rents and profits thereof
during that time to their sole and separate use and benefit and at their
demise the title of the same is to vest in their heirs in fee and if
the said lands and farms so devised to my said daughters can be
exchanged or disposed of as above stated I consent to the same but
not otherwise.
Sec. 22 As my executor well have to attend to my suits now pending in the
Courts and such as may be brought against my estate and to all conflicting
claims to my lands, I hereby direct and invest him with full power to settle
compound and adjust by way of compromises all or any of such claim
suits or demands against my estate giving my said executor full power
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 144)
Description
[page 144]
[corresponds to page 92 of Will Book 3]
92
and control over all such matters and things to enable him to effect
the same
Sec 23 My said executor is empowered to exchange if he shall think fit any of
my lands either in Kentucky, Ohio or Indianna for productive property
in Cincinnati, Covington or Newport which property so obtained. I
begueath three fourths of the same to my three daughters and if any of
them should die then to their heirs. My said daughters are to have, hold
and enjoy the rents and profits of the same during their natural lives.
for their sole and seperate use and benefit and at their demise the title
is to vest in fee in their heirs forever. The remaining fourth part of said
real estate so obtained by such exchange I give to my son James and
his heirs forever.
Sec 24 If my son Jmaes should die before my estate is fully settled up, I hereby
invest him with power to appoint an executor to this my will for the
benefit of my estate and said executor so appointed by him is to have
the same power herein given to my executor and to be paid a fair
compensation for his services.
Sec 25 My son James who is the executor of this my will, shall not be
required to pay interest on any money which shall be recieved by him
from time to time before expending or investing the same believing
that he will do full and ample justice to my other childrens in all matters
relating to their interest.
Sec 26 I direct that my son James who is my executor of this my will shall
not be required or compelled to give security, either as executor or trustee
of my estate, under this my will either by the Courts of Kentucky,
Ohio or Indianna, or elsewhere; my estate is a large one and he may
find it difficult and inconvenient to procure security for so large an
amount. I have great confidence in his honesty and ability and I
therefore direct that my security shall be required by him.
Sec 27 I give and begueath to my daughter Keturah Harris the tract
of land adjoining my son James land and extending down to
Licking to where the line Obanan etc crosses Licking and
extending back to three mile Creek adjoining David Downard's
land which tract contains about three hundred acres more or less.
I also give to my said daughter Keturah in lot No 16 in Newport
Kentucky and the house thereof to have and to hold and recieve
the rents and profits of said tract of land and the said house and
lot during her natural life for her sole, separate and exclusive use
and benefit, and at her demise, the title of the same is to vest
in her heirs in fee forever.
Sec 28 I give and begueath to my daughter Jane Williamson the 323 1-2
acres of land in Kenton County on Licking river adjoining my Bank Lick
tract being part of the land I purchased Of Colston and for which my
daughter Jane has my obligation the plat of said land being recorded
in plat book page 29 being the same survey made by E Yates April
13th 1836. I also give unto my said daughter, one hundred acres of
[corresponds to page 92 of Will Book 3]
92
and control over all such matters and things to enable him to effect
the same
Sec 23 My said executor is empowered to exchange if he shall think fit any of
my lands either in Kentucky, Ohio or Indianna for productive property
in Cincinnati, Covington or Newport which property so obtained. I
begueath three fourths of the same to my three daughters and if any of
them should die then to their heirs. My said daughters are to have, hold
and enjoy the rents and profits of the same during their natural lives.
for their sole and seperate use and benefit and at their demise the title
is to vest in fee in their heirs forever. The remaining fourth part of said
real estate so obtained by such exchange I give to my son James and
his heirs forever.
Sec 24 If my son Jmaes should die before my estate is fully settled up, I hereby
invest him with power to appoint an executor to this my will for the
benefit of my estate and said executor so appointed by him is to have
the same power herein given to my executor and to be paid a fair
compensation for his services.
Sec 25 My son James who is the executor of this my will, shall not be
required to pay interest on any money which shall be recieved by him
from time to time before expending or investing the same believing
that he will do full and ample justice to my other childrens in all matters
relating to their interest.
Sec 26 I direct that my son James who is my executor of this my will shall
not be required or compelled to give security, either as executor or trustee
of my estate, under this my will either by the Courts of Kentucky,
Ohio or Indianna, or elsewhere; my estate is a large one and he may
find it difficult and inconvenient to procure security for so large an
amount. I have great confidence in his honesty and ability and I
therefore direct that my security shall be required by him.
Sec 27 I give and begueath to my daughter Keturah Harris the tract
of land adjoining my son James land and extending down to
Licking to where the line Obanan etc crosses Licking and
extending back to three mile Creek adjoining David Downard's
land which tract contains about three hundred acres more or less.
I also give to my said daughter Keturah in lot No 16 in Newport
Kentucky and the house thereof to have and to hold and recieve
the rents and profits of said tract of land and the said house and
lot during her natural life for her sole, separate and exclusive use
and benefit, and at her demise, the title of the same is to vest
in her heirs in fee forever.
Sec 28 I give and begueath to my daughter Jane Williamson the 323 1-2
acres of land in Kenton County on Licking river adjoining my Bank Lick
tract being part of the land I purchased Of Colston and for which my
daughter Jane has my obligation the plat of said land being recorded
in plat book page 29 being the same survey made by E Yates April
13th 1836. I also give unto my said daughter, one hundred acres of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 145)
Description
[page 145]
[corresponds to page 93 of Will Book 3]
93
land of the land I got of Colston and adjoining the said tract above
described, and to lay as follows: To begin at the Red Oak at F. on the
recorded plat corner to Oberdorf, thence S. 45 W. to the corner of Sout-
-hgates land - thence to run to Bank Lick creek to a stone on the lower
side of said Creek, thence down the creek so far that a line paralel
to the first mentioned line will include a quality of one hundred
acres to have and to hold the same during her natural life; and to recieve
the rents and profits thereof, and at her death, the same to vest in fee in her
heirs forever.
Sec 29 When any of my Grand-sons become of age and when any of my Grand
daughters shall marry, my daughters may divide and set off to their said
son or daughters one half of the estate or property that said grand-child
would be entitled to at the death of their mother; and the said property so
set off, and appointed to such child shall vest in said child, and not sub-
-ject to division when the mother dies. The remaining half of the estate devised
to my daughters during their lives as aforesaid will go to their children in fee at their
demise; and should any of my daughters have a child or children after any
son or sons arrive at the age of twenty one years or daughter or daughters
marry and receive, and have divided amoung them the property above
named; then and in that event, the child or children that may be
born is to have their full portion of the estate given to my daughters
and it is to be taken out of the part not divided, but which remains in
my daughters hand untill her death. The intention is that all my
Grand children shall have an equal share of their mothers estate ex-
-cept John Harris who is provided for in this my will.
Sec 30 In section No. 2. of this my will, I have directed that three-fourth of the
money arising from the sale of my real estate, after erecting buildings on my
real estate in Cincinnati, paying debts, etc be invested in real estate in
the city of Cincinnati, Covington or Newport, for the benefit of my
three daughters. I hereby direct my executor that twelve years after
my death, that if that fund, if any there be is not invested as aforesaid
that the same be divided between my daughters and their heirs in equal
portions each. The other fourth part I give as I have before stated to
my son James for his own use and benefit.
Sec 31 My beloved wife is to have the use of four rooms in the house if
rebuilt during my life, on my Bellevue tract of land together with
the garden, the orchard and the pasture back of the garden during her
life, and she is to have the right to cut wood for fire- wood and timber
for the use of the house, garden, pasture and orchard from my Bellevue
tract of land, and this provision with what has been made her is to be
in lieu of dower in my estate. She however is to have her life estate
in her proportion of my slaves that will not be free at my death.
The rooms in the house are two above and two below.
Sec 32 I hereby make the following provision for my Grand-son John Eberle
Harris to wit: Out of my daughter Keturah's portion of my estate; I
direct that a portion of real estate be set off, the annual rent of which
[corresponds to page 93 of Will Book 3]
93
land of the land I got of Colston and adjoining the said tract above
described, and to lay as follows: To begin at the Red Oak at F. on the
recorded plat corner to Oberdorf, thence S. 45 W. to the corner of Sout-
-hgates land - thence to run to Bank Lick creek to a stone on the lower
side of said Creek, thence down the creek so far that a line paralel
to the first mentioned line will include a quality of one hundred
acres to have and to hold the same during her natural life; and to recieve
the rents and profits thereof, and at her death, the same to vest in fee in her
heirs forever.
Sec 29 When any of my Grand-sons become of age and when any of my Grand
daughters shall marry, my daughters may divide and set off to their said
son or daughters one half of the estate or property that said grand-child
would be entitled to at the death of their mother; and the said property so
set off, and appointed to such child shall vest in said child, and not sub-
-ject to division when the mother dies. The remaining half of the estate devised
to my daughters during their lives as aforesaid will go to their children in fee at their
demise; and should any of my daughters have a child or children after any
son or sons arrive at the age of twenty one years or daughter or daughters
marry and receive, and have divided amoung them the property above
named; then and in that event, the child or children that may be
born is to have their full portion of the estate given to my daughters
and it is to be taken out of the part not divided, but which remains in
my daughters hand untill her death. The intention is that all my
Grand children shall have an equal share of their mothers estate ex-
-cept John Harris who is provided for in this my will.
Sec 30 In section No. 2. of this my will, I have directed that three-fourth of the
money arising from the sale of my real estate, after erecting buildings on my
real estate in Cincinnati, paying debts, etc be invested in real estate in
the city of Cincinnati, Covington or Newport, for the benefit of my
three daughters. I hereby direct my executor that twelve years after
my death, that if that fund, if any there be is not invested as aforesaid
that the same be divided between my daughters and their heirs in equal
portions each. The other fourth part I give as I have before stated to
my son James for his own use and benefit.
Sec 31 My beloved wife is to have the use of four rooms in the house if
rebuilt during my life, on my Bellevue tract of land together with
the garden, the orchard and the pasture back of the garden during her
life, and she is to have the right to cut wood for fire- wood and timber
for the use of the house, garden, pasture and orchard from my Bellevue
tract of land, and this provision with what has been made her is to be
in lieu of dower in my estate. She however is to have her life estate
in her proportion of my slaves that will not be free at my death.
The rooms in the house are two above and two below.
Sec 32 I hereby make the following provision for my Grand-son John Eberle
Harris to wit: Out of my daughter Keturah's portion of my estate; I
direct that a portion of real estate be set off, the annual rent of which
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 146)
Description
[page 146]
[corresponds to page 94 of Will Book 3]
94
shall produce the sum of at least three hundred dollars: or that
from the proceeds of the sale my real estate, which I have directed to be sold
or that may be exchanged that a house and lot or other real estate
or ground rent be purchased in either Cincinnati, Covington or
Newport, which shall yield an annual rent of at least three hundred
dollars, and this shall be for the support and maintaince of the
said John, which shall be under the control of a trustee to be appo-
-inted by the circuit Judge of Campbell County, and subject to be
removed by him if he neglects the trust. The amount that may
be invested in real estate or productive property for the use and
maintaince of the said John Harris is to be deducted out of the
portion of the estate going to my said daughter Keturah, and
the said John is not to be entitled to anything more than that out of
my estate or that given to his mother. The intentions of this my will
is that said John is to have nothing more than the tree hundred doll-
=ars per year: and at the demise of said John, the real estate that
may be so set off or purchased for his use and support, is to vest in
his mother if he dies before her, but if he does not, then the property
is to vest in the children of his mother. The taxes on the property and
the services of the trustee to be paid out of the said three hundred doll-
-ars, and if the property increases in value, the increase is to be for
the benefit of his mother if alive, and if dead, for his brothers and
sisters.
Sec 33 The tract of land of about 12 acres, situated east of Out lot No 16, 17, 18.
and lease lot No. 1 of the town of Newport and lying between a line of
east Row of said Towns, if it were extended as far back as said out
lots and, intersected by a line running N.50E. from the East corner
of lease lot No. one of said town. I hereby direct my executor to lay
off together with my out lots and said lease lot No. one of said
town into convenient building lots, laying off streets and alleys in
said ground , and to sell and convey the same and dipose of the money
as he is directed in the sale of my lands and lots in Section No. 2 of
this my will. This land and said out lots not being intended by me
to be divised to any of my heirs as a part of the Bellevue tract.
Sec 34 As I have directed in Sec 2. in this my will, that houses be built
on my vacant lots in the city of Cincinnati, on Canal and Walnut
streets. I hereby direct that my executor is to have the use of the said
mill at Bank Lick, and enough ground around the same to lay
logs and lumber; and he is to have timber for the purpose of sawing
from any of the lands of the mill tract, both above and below the creek.
My executor may either have hands to run said mills, or lease said
mill, or have timber sawed on the shores, but is not to controll
said mill for a longer period than five years after my death. No de-
-duction is to be made from the value of the tract to which the mills
may fall in the division between my children in consequence
of this reservation as the timber is for the building of houses in Cincinnati
[corresponds to page 94 of Will Book 3]
94
shall produce the sum of at least three hundred dollars: or that
from the proceeds of the sale my real estate, which I have directed to be sold
or that may be exchanged that a house and lot or other real estate
or ground rent be purchased in either Cincinnati, Covington or
Newport, which shall yield an annual rent of at least three hundred
dollars, and this shall be for the support and maintaince of the
said John, which shall be under the control of a trustee to be appo-
-inted by the circuit Judge of Campbell County, and subject to be
removed by him if he neglects the trust. The amount that may
be invested in real estate or productive property for the use and
maintaince of the said John Harris is to be deducted out of the
portion of the estate going to my said daughter Keturah, and
the said John is not to be entitled to anything more than that out of
my estate or that given to his mother. The intentions of this my will
is that said John is to have nothing more than the tree hundred doll-
=ars per year: and at the demise of said John, the real estate that
may be so set off or purchased for his use and support, is to vest in
his mother if he dies before her, but if he does not, then the property
is to vest in the children of his mother. The taxes on the property and
the services of the trustee to be paid out of the said three hundred doll-
-ars, and if the property increases in value, the increase is to be for
the benefit of his mother if alive, and if dead, for his brothers and
sisters.
Sec 33 The tract of land of about 12 acres, situated east of Out lot No 16, 17, 18.
and lease lot No. 1 of the town of Newport and lying between a line of
east Row of said Towns, if it were extended as far back as said out
lots and, intersected by a line running N.50E. from the East corner
of lease lot No. one of said town. I hereby direct my executor to lay
off together with my out lots and said lease lot No. one of said
town into convenient building lots, laying off streets and alleys in
said ground , and to sell and convey the same and dipose of the money
as he is directed in the sale of my lands and lots in Section No. 2 of
this my will. This land and said out lots not being intended by me
to be divised to any of my heirs as a part of the Bellevue tract.
Sec 34 As I have directed in Sec 2. in this my will, that houses be built
on my vacant lots in the city of Cincinnati, on Canal and Walnut
streets. I hereby direct that my executor is to have the use of the said
mill at Bank Lick, and enough ground around the same to lay
logs and lumber; and he is to have timber for the purpose of sawing
from any of the lands of the mill tract, both above and below the creek.
My executor may either have hands to run said mills, or lease said
mill, or have timber sawed on the shores, but is not to controll
said mill for a longer period than five years after my death. No de-
-duction is to be made from the value of the tract to which the mills
may fall in the division between my children in consequence
of this reservation as the timber is for the building of houses in Cincinnati
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 147)
Description
[page 147]
[corresponds to page 95 of Will Book 3]
95
Sec 35 The following provision in this my will, I make for my Slaves, to wit:
1st I desire that at my death, my faithful servant Mingo is to
have his freedom and to have the use of five acres of land of reaso-
-nable good quality out of my Bank Lick tract of land during his
natural life; and at his death the same is to vest in my heirs. Said
five acres to be laid off by my son James in such place as he think
best, and before the Bank Lick tract is divided between my heirs, if the
five acres is taken out of the tract that is to be divided. Mingo is to
have plank and scantling from my Bank Lick mills to fix his cabin:
and my executor is to furnish him glass, nails and hinges for the same
He is to have a cow, a mare or horse worth $25 and a sow and pigs
that he be furnished with 50 bushels of corn, one barrel of flour and
300 pounds of pork. At his death he is to do as he likes with the personal
property- the land reverts to my children.
James Smith and Milley his wife five acres of land out of my Bellevue
tract on the line between his land and that part willed to my three
daughters, half to be taken off my daughters land and half off my son's
land. Said five acres is to be laid off at such place, out of said tract as
my son James may think best. so as to give him that much ground for
cultivation. he and his wife to have down dead wood during their lives
off of the adjoining land for fire wood. The said James and Milley are to
have the use of the said land during their natural lives and at their death
the half of the land that is out of my sons tract of 800 acres is to go to my
son: and the half that is out of my daughters part goes to the daughter
who owns the tract adjoining the same. Said James and Milley are
only to have the use of the land during their natural lives and are
not to sell or lease it or underlet it to any one. They are to have the
same provision made them for building a cabin and as to stock
and provisions that is given to Mingo. All the stock on the place
at their death to go to their daughter Jane if alive- if she is not then
to her children in equal proportions.
All of my slaves who are over thirty years of age, except Thomas Fields
at my death are to be free, but are to serve to the end of the year in which
I may die. It is my will that all my male servants who are under
the age of thirty years at my death, serve my children untill they
are of that age, and untill the end of the year they are of that age,
and that the female slaves serve untill they are twenty eight years
of age and to the end of the year they are of that age, and them
to have their freedom. It is my will and I hereby give to Edmund
Henry, Horace, Lucy, Hannah, Molly and Jane Smith each
fifty acres of land to be laid off out of my tract above Alexandria
surveyed and patented to John Clark, Blacksmith williams and
his wife and their five children Robert and Florida are to have
one hundred acres of said tract. All of my male servants
not herein mentioned or provided for and who may be under
[corresponds to page 95 of Will Book 3]
95
Sec 35 The following provision in this my will, I make for my Slaves, to wit:
1st I desire that at my death, my faithful servant Mingo is to
have his freedom and to have the use of five acres of land of reaso-
-nable good quality out of my Bank Lick tract of land during his
natural life; and at his death the same is to vest in my heirs. Said
five acres to be laid off by my son James in such place as he think
best, and before the Bank Lick tract is divided between my heirs, if the
five acres is taken out of the tract that is to be divided. Mingo is to
have plank and scantling from my Bank Lick mills to fix his cabin:
and my executor is to furnish him glass, nails and hinges for the same
He is to have a cow, a mare or horse worth $25 and a sow and pigs
that he be furnished with 50 bushels of corn, one barrel of flour and
300 pounds of pork. At his death he is to do as he likes with the personal
property- the land reverts to my children.
James Smith and Milley his wife five acres of land out of my Bellevue
tract on the line between his land and that part willed to my three
daughters, half to be taken off my daughters land and half off my son's
land. Said five acres is to be laid off at such place, out of said tract as
my son James may think best. so as to give him that much ground for
cultivation. he and his wife to have down dead wood during their lives
off of the adjoining land for fire wood. The said James and Milley are to
have the use of the said land during their natural lives and at their death
the half of the land that is out of my sons tract of 800 acres is to go to my
son: and the half that is out of my daughters part goes to the daughter
who owns the tract adjoining the same. Said James and Milley are
only to have the use of the land during their natural lives and are
not to sell or lease it or underlet it to any one. They are to have the
same provision made them for building a cabin and as to stock
and provisions that is given to Mingo. All the stock on the place
at their death to go to their daughter Jane if alive- if she is not then
to her children in equal proportions.
All of my slaves who are over thirty years of age, except Thomas Fields
at my death are to be free, but are to serve to the end of the year in which
I may die. It is my will that all my male servants who are under
the age of thirty years at my death, serve my children untill they
are of that age, and untill the end of the year they are of that age,
and that the female slaves serve untill they are twenty eight years
of age and to the end of the year they are of that age, and them
to have their freedom. It is my will and I hereby give to Edmund
Henry, Horace, Lucy, Hannah, Molly and Jane Smith each
fifty acres of land to be laid off out of my tract above Alexandria
surveyed and patented to John Clark, Blacksmith williams and
his wife and their five children Robert and Florida are to have
one hundred acres of said tract. All of my male servants
not herein mentioned or provided for and who may be under
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 148)
Description
[page 148]
[corresponds to page 96 of Will Book 3]
96
the age twenty five years as my death are each to serve my
children untill they are thirty years of age and then to be free and
they are each of them to have twenty five acres of land to be laid off out
of the said black tract or out of such tract as my executor shall think
fit, in that section of the county, provided there is not enough in the
black tract. The female slaves who may be under the age of twenty five
years at my death and not herein provided for are to have my chil-
=dren as aforesaid untill they are twenty eight years of age, and then
they are to be free, and are each to be paid by my executor when they
are free the sum of twenty five dollars in money but this provision
in my will extends only to such slaves as are now born and is not
to extend to the childrens of any slave or slaves not born, but if any
slave or slaves should have a child or children born after my death
and before they are free in that event, such slave or slaves are to serve
my children, or their heirs, the females untill they are twenty eight
years of age and the males untill they thirty years of age and then to be
free. Any of my male servants who are over thirty years of age at my
death and who may wish to go to farming, they are each of them to have
out of my estate, a horse worth $25 dollars and also a cow and sow. If
Matilda and Susan should go to farming they are each of them to have
a horse a cow and sow of same value. The land willed to my respect-
-ive servants they are to hold for and during their natural lives
and at their deaths to go to their children if they have no children -
the same is to revert back to my heirs, Burwell the husband of Su-
=san is to posses and enjoy during his life with his wife the said fifty
acres to be laid off in the Clark tract. My slaves at Milligan Bend
after they serve the time specified, are to be free; and if they think proper
they can return to this section of country, but my advice is to them
and to all of my servants that they had better go to Liberia, and if
they think proper to do so the land and stock may be disposed of
herein given them, for that purpose - But I here expressly declare
that none of my slaves above named are to have the land or the
property intended for them unless they serve my children for the
time stated in this my will. Said slaves are to be treated human-
-ily in every respect by my children. All of my said slaves who are
not made absolutely free at my decease are to be divided bet-
-ween my children equally. My slave Thomas Fields by some called
Thomas Curry is to serve my children untill he is forty years of age
when he is to be free provided he never returns to the Stae of Ken-
-tucky, and if he does he is not to be free.
Sec 36 Having directed my son, James Taylor, Jr who is my attorney in fact,
to convey to my daughter Jane 500 acres of land in Marion County Ohio.
in survey 10051, and my interest in a part of in lot No. 150 original plan.
and lot No. 8 in the public square addition of Newport. This property
being and advance to my said daughter Jane, I hereby direct that
my daughter Jane shall not have any part of the proceeds of the sale
[corresponds to page 96 of Will Book 3]
96
the age twenty five years as my death are each to serve my
children untill they are thirty years of age and then to be free and
they are each of them to have twenty five acres of land to be laid off out
of the said black tract or out of such tract as my executor shall think
fit, in that section of the county, provided there is not enough in the
black tract. The female slaves who may be under the age of twenty five
years at my death and not herein provided for are to have my chil-
=dren as aforesaid untill they are twenty eight years of age, and then
they are to be free, and are each to be paid by my executor when they
are free the sum of twenty five dollars in money but this provision
in my will extends only to such slaves as are now born and is not
to extend to the childrens of any slave or slaves not born, but if any
slave or slaves should have a child or children born after my death
and before they are free in that event, such slave or slaves are to serve
my children, or their heirs, the females untill they are twenty eight
years of age and the males untill they thirty years of age and then to be
free. Any of my male servants who are over thirty years of age at my
death and who may wish to go to farming, they are each of them to have
out of my estate, a horse worth $25 dollars and also a cow and sow. If
Matilda and Susan should go to farming they are each of them to have
a horse a cow and sow of same value. The land willed to my respect-
-ive servants they are to hold for and during their natural lives
and at their deaths to go to their children if they have no children -
the same is to revert back to my heirs, Burwell the husband of Su-
=san is to posses and enjoy during his life with his wife the said fifty
acres to be laid off in the Clark tract. My slaves at Milligan Bend
after they serve the time specified, are to be free; and if they think proper
they can return to this section of country, but my advice is to them
and to all of my servants that they had better go to Liberia, and if
they think proper to do so the land and stock may be disposed of
herein given them, for that purpose - But I here expressly declare
that none of my slaves above named are to have the land or the
property intended for them unless they serve my children for the
time stated in this my will. Said slaves are to be treated human-
-ily in every respect by my children. All of my said slaves who are
not made absolutely free at my decease are to be divided bet-
-ween my children equally. My slave Thomas Fields by some called
Thomas Curry is to serve my children untill he is forty years of age
when he is to be free provided he never returns to the Stae of Ken-
-tucky, and if he does he is not to be free.
Sec 36 Having directed my son, James Taylor, Jr who is my attorney in fact,
to convey to my daughter Jane 500 acres of land in Marion County Ohio.
in survey 10051, and my interest in a part of in lot No. 150 original plan.
and lot No. 8 in the public square addition of Newport. This property
being and advance to my said daughter Jane, I hereby direct that
my daughter Jane shall not have any part of the proceeds of the sale
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 149)
Description
[page 149]
[corresponds to page 97 of Will Book 3]
97
of the following tracts in Ohio, to wit: Surveys No. 10,299 of 629 acres
No. 258 of 492 acres and two surveys both 9942, of 194 acres each making
in all 1509 acres: and that if said lands are sold by me before my death.
or a part of it, that as much land as 1500 acres be sold by my exec-
-utor out of the lands of the same quality of No. 10051, north of the
Indian boundary lines are part of the proceeds of which shall be
paid to my daughter Jane, by reason of her having received a
conveyance for the said 500 acres in survey No. 10051 and that
the value of the two Newport lots be deducted out of the proceeds
of the sale of Newport lots which may be going to my said daughter
Jane, or taken and considered as so much of her portion of the New-
-port lots, as may be divided and mentioned in section No. 4 of
this my will.
Sec 37 As I have often advanced my children and my Grand-children
money and property, without keeping any account against them
I here declare that all property and funds from this date advanced
to any of my children or Grand children the same shall be ded-
-ucted out of such childs part who recieves the advance in money
or property, If a Grand child receives it that much is to be deducted
from the portion of my estate going to its parent.
Sec 38 The 160 or 170 acres called the Wilson place on the upper side of Bank
Lick Creek is to be considered a part of the land reserved of the 1200 or
1500 acres to be divided as a part of the land including the Bank
Lick tract to be divided amoung my four children as refered to in
section 9.
Section 39 I direct that $25 per annum appropriated to teach the young slaves
under age, on Sundays and evenings or those who may wish to learn,
and my grand daughter are requested to teach the females and
my grand son the males.
The forgoing pages from one to seventeen inclusive and embra-
-cing sections from No. 1. to 39. inclusive is my will. I have fully con-
-sidered and examined the same every part and section and I approve
of the same. It has been copied by my nephews R.T. Thornton at my
request, and I hereby publish and declare the same as
my last will and testiment hereby revoking all other and
or forever wills & testiments by one heretofore made. I hereby
nominate and appoint my son James Taylor Junior my sole
executor of this my last will and testiment
In witness whereof I have hereunto set my hand and af-
-fix my seal this eighteenth day of December in the year
of our God one thousand eight hundred and forty four.
James Taylor {Seal}
Signed, sealed and published and declared for the last will and testiment of the
above named James Taylor in presence of us. Samuel Winston
John M. Thornton
R. T. Thornton
[corresponds to page 97 of Will Book 3]
97
of the following tracts in Ohio, to wit: Surveys No. 10,299 of 629 acres
No. 258 of 492 acres and two surveys both 9942, of 194 acres each making
in all 1509 acres: and that if said lands are sold by me before my death.
or a part of it, that as much land as 1500 acres be sold by my exec-
-utor out of the lands of the same quality of No. 10051, north of the
Indian boundary lines are part of the proceeds of which shall be
paid to my daughter Jane, by reason of her having received a
conveyance for the said 500 acres in survey No. 10051 and that
the value of the two Newport lots be deducted out of the proceeds
of the sale of Newport lots which may be going to my said daughter
Jane, or taken and considered as so much of her portion of the New-
-port lots, as may be divided and mentioned in section No. 4 of
this my will.
Sec 37 As I have often advanced my children and my Grand-children
money and property, without keeping any account against them
I here declare that all property and funds from this date advanced
to any of my children or Grand children the same shall be ded-
-ucted out of such childs part who recieves the advance in money
or property, If a Grand child receives it that much is to be deducted
from the portion of my estate going to its parent.
Sec 38 The 160 or 170 acres called the Wilson place on the upper side of Bank
Lick Creek is to be considered a part of the land reserved of the 1200 or
1500 acres to be divided as a part of the land including the Bank
Lick tract to be divided amoung my four children as refered to in
section 9.
Section 39 I direct that $25 per annum appropriated to teach the young slaves
under age, on Sundays and evenings or those who may wish to learn,
and my grand daughter are requested to teach the females and
my grand son the males.
The forgoing pages from one to seventeen inclusive and embra-
-cing sections from No. 1. to 39. inclusive is my will. I have fully con-
-sidered and examined the same every part and section and I approve
of the same. It has been copied by my nephews R.T. Thornton at my
request, and I hereby publish and declare the same as
my last will and testiment hereby revoking all other and
or forever wills & testiments by one heretofore made. I hereby
nominate and appoint my son James Taylor Junior my sole
executor of this my last will and testiment
In witness whereof I have hereunto set my hand and af-
-fix my seal this eighteenth day of December in the year
of our God one thousand eight hundred and forty four.
James Taylor {Seal}
Signed, sealed and published and declared for the last will and testiment of the
above named James Taylor in presence of us. Samuel Winston
John M. Thornton
R. T. Thornton
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 150)
Description
[page 150]
[corresponds to page 98 of Will Book 3]
98
Codicil 1st I James Taylor of Campbell County, Kentucky. do hereby make and pub-
-lish this codicil to be added to my last will and testiment in
manner following , to wit: In section 28 of my last will and
testiment. I devised to my daughter Jane Williamson, one hundred
acres of land out of the tract I bought of Colston on Licking River
and Bank Lick creek now in Kenton County Kentucky, which
one hundred acres was in addition to and adjoining the
three hundred and twenty three and one third acres which I had
given her and for which she holds my obligation. Now I hereby
revoke the devise of the said 100 acres to my said daughter Jane
and in lieu thereof I hereby direct that my said daughter Jane
shall have one hundred acres out of my land in Kenton County equal
to the average of our thousand acres on the south or upper side of Bank
Lick Creek and on the most southwardly part of such 1000 acres but not to
bind on Licking River
I also direct that all my real estate which I have acquired since the date
of my last will and testament, to wit:- The 18th day of December 1844 and
all real estate which I may hereafter acquire, shall be sold or disposed
of by executor in the same way and for the same purposes as I have direc-
-ted in section No. 2. of my said will and testament aforesaid ,- the
whole of my said codicil being in my own hand writing.- In testimony
whereof I have hereunto set my name and affirmed my seal this
sixth day of Decmeber, one thousand eight hundred and forty seven.
James Taylor {seal}
Codicil.2d. I James Taylor of Campbell County Kentucky, do hereby make
and publish this second codicil to be added to my last will and testim-
-ent in manner following, to wit: In reference to the real estate on the
Ohio river adjoining the land of Edmund Taylor's heirs. I make
the following change in my will. If my daughters devise it. I here-
-by direct that 100 or 200 acres of land fronting on the Ohio river be laid
off into a town on the most approved plan and for that purpose
I appoint Washington J. Berry and Rueben T. Thornton trustees to
carry the same into effect. They the said trustees both jointly and
severally are fully empowered to lay out said land into lots and to
sell and convey the same on the usual terms and conditions of
selling such property, The trustees retaining the legal title untill the
whole of the purchase money shall be paid for any lot or lots that
may be sold by them. The ferry privaledge across the Ohio river
is reserved to my three daughters; and the lots that may be laid off
are not to extend to the Ohio river, but a street to be laid off between
them and the river: but if my said daughters do not desire to have the
land laid off into lots for a town that part of section No. 7. in my will in
reference to said tract of land will stand unchanged and this part
of my codicil is to be null and void. The fund arising from the sale of said lots
the said trustees will invest two thirds of the same
in productive property in the city of Cincinnati, Newport or Covington,
[corresponds to page 98 of Will Book 3]
98
Codicil 1st I James Taylor of Campbell County, Kentucky. do hereby make and pub-
-lish this codicil to be added to my last will and testiment in
manner following , to wit: In section 28 of my last will and
testiment. I devised to my daughter Jane Williamson, one hundred
acres of land out of the tract I bought of Colston on Licking River
and Bank Lick creek now in Kenton County Kentucky, which
one hundred acres was in addition to and adjoining the
three hundred and twenty three and one third acres which I had
given her and for which she holds my obligation. Now I hereby
revoke the devise of the said 100 acres to my said daughter Jane
and in lieu thereof I hereby direct that my said daughter Jane
shall have one hundred acres out of my land in Kenton County equal
to the average of our thousand acres on the south or upper side of Bank
Lick Creek and on the most southwardly part of such 1000 acres but not to
bind on Licking River
I also direct that all my real estate which I have acquired since the date
of my last will and testament, to wit:- The 18th day of December 1844 and
all real estate which I may hereafter acquire, shall be sold or disposed
of by executor in the same way and for the same purposes as I have direc-
-ted in section No. 2. of my said will and testament aforesaid ,- the
whole of my said codicil being in my own hand writing.- In testimony
whereof I have hereunto set my name and affirmed my seal this
sixth day of Decmeber, one thousand eight hundred and forty seven.
James Taylor {seal}
Codicil.2d. I James Taylor of Campbell County Kentucky, do hereby make
and publish this second codicil to be added to my last will and testim-
-ent in manner following, to wit: In reference to the real estate on the
Ohio river adjoining the land of Edmund Taylor's heirs. I make
the following change in my will. If my daughters devise it. I here-
-by direct that 100 or 200 acres of land fronting on the Ohio river be laid
off into a town on the most approved plan and for that purpose
I appoint Washington J. Berry and Rueben T. Thornton trustees to
carry the same into effect. They the said trustees both jointly and
severally are fully empowered to lay out said land into lots and to
sell and convey the same on the usual terms and conditions of
selling such property, The trustees retaining the legal title untill the
whole of the purchase money shall be paid for any lot or lots that
may be sold by them. The ferry privaledge across the Ohio river
is reserved to my three daughters; and the lots that may be laid off
are not to extend to the Ohio river, but a street to be laid off between
them and the river: but if my said daughters do not desire to have the
land laid off into lots for a town that part of section No. 7. in my will in
reference to said tract of land will stand unchanged and this part
of my codicil is to be null and void. The fund arising from the sale of said lots
the said trustees will invest two thirds of the same
in productive property in the city of Cincinnati, Newport or Covington,
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 151)
Description
[page 151]
[corrresponds to page 99 of Will Book 3]
99
yielding a good rent or they may erect houses if my daughters prefer it, on
any of the lots on said tract of land, or lots they may own in Frankfort -
The said trustees will divide said property that may be acquired by them
or on which they may erect houses equally between them and execute
to them deeds for the same, which deed shall vest in my said daughters
a life estate, with remainder over in fee to their heirs, My said three
daughters are to receive the rents and profits of the same during their
natural lives. The remaining one third of said fund the said trustees
will pay over to my three daughters.
Sec. 2. Having in section No. 7. of my will - given to circuit court power
to appoint a trustee in reference to a portion of the land on the west
side of the road from Newport to Alexandria, and adjoining the town
of Newport, I hereby revoke the power given in my will to the Court
and I make the following change in my Will, as to said land. I hereby
appoint Washington J. Berry and Reuben T. Thornton, trustees and direct
that they shall lay off two hundred acres of land on Licking river, and
adjoining the town of Newport, into convenient lots for building as
an addition to the town of Newport. Said lots to be laid out in the
most approved plan. - And first that they shall lease out for the term
of fifty years one-half of said property, the leasee to pay an annual rent
for the lot, together with all State, County or other taxes that may be
levied on the same. The said ground so leased to be subject to such
terms and conditions as to revaluation and forfeiture as the said
trustees shall deem best. Secondly, If however it shall be found
that the foregoing plan of leasing said ground will not be advantag-
-ous and profitable to my heirs, then I empower said trustees to
change the terms of leasing, as to them may seem best, but at what
ever term the leases end and expire whether for a longer or shorter
longer term period than fifty years, the property is to revert to such
of my children or their heirs to whom the same may have been
assigned by my said trustees. The said trustees are to divide the lea-
-ses so made of said property equally among my three daughters
who are to receive the annual rents for the same, for their own use and
benefit during their natural lives, and when the leases expire the
title and right to the property is to rest in the heirs of such of my dau-
-ghters to whom the same was assigned, and set off by said trustees,
The other moiety of said ground or lots the said trustees are to sell
and convey the same to purchasers, the sales to be made on such
terms and conditions that like sales are made; they the said
trustees holding the legal title to the property until the same is
paid for in ful. The fund arising from the sale of the moiety of
said tract the trustees are to invest in improved or productive property
in the town of Newport, Cincinnati or Covington, yielding a fair
rent: or if my daughters prefer it, they may have houses, for rent
erected with the funds on the land laid off, into lots west of the road
from Newport to Alexandria, or on any lots I may have devised
[corrresponds to page 99 of Will Book 3]
99
yielding a good rent or they may erect houses if my daughters prefer it, on
any of the lots on said tract of land, or lots they may own in Frankfort -
The said trustees will divide said property that may be acquired by them
or on which they may erect houses equally between them and execute
to them deeds for the same, which deed shall vest in my said daughters
a life estate, with remainder over in fee to their heirs, My said three
daughters are to receive the rents and profits of the same during their
natural lives. The remaining one third of said fund the said trustees
will pay over to my three daughters.
Sec. 2. Having in section No. 7. of my will - given to circuit court power
to appoint a trustee in reference to a portion of the land on the west
side of the road from Newport to Alexandria, and adjoining the town
of Newport, I hereby revoke the power given in my will to the Court
and I make the following change in my Will, as to said land. I hereby
appoint Washington J. Berry and Reuben T. Thornton, trustees and direct
that they shall lay off two hundred acres of land on Licking river, and
adjoining the town of Newport, into convenient lots for building as
an addition to the town of Newport. Said lots to be laid out in the
most approved plan. - And first that they shall lease out for the term
of fifty years one-half of said property, the leasee to pay an annual rent
for the lot, together with all State, County or other taxes that may be
levied on the same. The said ground so leased to be subject to such
terms and conditions as to revaluation and forfeiture as the said
trustees shall deem best. Secondly, If however it shall be found
that the foregoing plan of leasing said ground will not be advantag-
-ous and profitable to my heirs, then I empower said trustees to
change the terms of leasing, as to them may seem best, but at what
ever term the leases end and expire whether for a longer or shorter
longer term period than fifty years, the property is to revert to such
of my children or their heirs to whom the same may have been
assigned by my said trustees. The said trustees are to divide the lea-
-ses so made of said property equally among my three daughters
who are to receive the annual rents for the same, for their own use and
benefit during their natural lives, and when the leases expire the
title and right to the property is to rest in the heirs of such of my dau-
-ghters to whom the same was assigned, and set off by said trustees,
The other moiety of said ground or lots the said trustees are to sell
and convey the same to purchasers, the sales to be made on such
terms and conditions that like sales are made; they the said
trustees holding the legal title to the property until the same is
paid for in ful. The fund arising from the sale of the moiety of
said tract the trustees are to invest in improved or productive property
in the town of Newport, Cincinnati or Covington, yielding a fair
rent: or if my daughters prefer it, they may have houses, for rent
erected with the funds on the land laid off, into lots west of the road
from Newport to Alexandria, or on any lots I may have devised
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 152)
Description
[page 152]
[corresponds to page 100 of Will Book 3]
100
them in Newport or elsewhere. The trustees are jointly and sever-
-ally authorized and empowered to act in reference to said property
and if they decline acting or should die before completing the
trust herein confided to them, in that event, the Judge of the
Circuit court is hereby directed to appoint a trustee for that
purpose; and if either of said trustees die or refuse to act, the
other will carry out and complete the trust.
The trustees are to receive from the proceeds of the sale of said prop-
-erty a fair compensation for their trouble, and for the costs and expenses
in laying out, selling, leasing, and building on said property: and are
to keep an accurate account of all expenses in reference to the same
which is to be submitted from time to time, to my daughters for their
inspection. My wish is that the trustees be paid for their time and
trouble, as I expect them faithfully to discharge the trust reposed in
them. In laying out and selling the aforesaid property. I do not wish
it to be hurried into market, and the whole of said ground adjoining
the town of Newport, and that on the Ohio river and not be laid out
at one time: and as to the time of selling, I wish the said trustees to con-
=sult and advise with my said daughters and my son James on the
subject. As the town of Newport improves, ground will be wanted for
lots and I wish this want supplied by bringing into market the vacant
ground, but not to force a sale or sacrifice it. I give and bequeath to
my daughter Ann N. Tibbotts lot No. 6 in the original plan of Newport
at the corner of Cabot street and fronting the Esplanade, to her sole
use and benefit during her natural life, and at her death the title to
vest in her heirs and assigns forever.
To my daughter Jane Williamson I give lot No. 13 in said town at the corn-
=er of Columbia street and the Esplanade to have and to hold the
same during her natural life, and at her death the remainder in
fee to her heirs forever. I give and bequeath to my son James Tay-
-lor Jr., his heirs and assigns forever, lot No. 114, in the original plan
of the town of Newport, at the corner of York and Bellevue streets and
also 4 feet unsold of lot 113. adjoining the lot sold to Richardson
and to extend through to Madison street.
I give and bequeath to my daughter Keturah Harris the house and
lot of York streeet, lately purchased of H. H. Mayo, to have and to hold
the same and to receive the rents and profits thereof during her natural
life and the remainder in fee to her heirs forever.
And I hereby also direct that my daughter Keturah Harris is not to
account to my other heirs for the 125 feet of ground given Mayo, (in
exchange for the said House) in the graveyard field.
I desire that the stock and farming utensils on my stock
farms in Union, Clark, and Green Counties, O. devised to my three dau-
-ghters in my will, be divided equally between them at my death;
and I advise that they carry on said farms in the same manner as I
have done with Talifero and Parks.
[corresponds to page 100 of Will Book 3]
100
them in Newport or elsewhere. The trustees are jointly and sever-
-ally authorized and empowered to act in reference to said property
and if they decline acting or should die before completing the
trust herein confided to them, in that event, the Judge of the
Circuit court is hereby directed to appoint a trustee for that
purpose; and if either of said trustees die or refuse to act, the
other will carry out and complete the trust.
The trustees are to receive from the proceeds of the sale of said prop-
-erty a fair compensation for their trouble, and for the costs and expenses
in laying out, selling, leasing, and building on said property: and are
to keep an accurate account of all expenses in reference to the same
which is to be submitted from time to time, to my daughters for their
inspection. My wish is that the trustees be paid for their time and
trouble, as I expect them faithfully to discharge the trust reposed in
them. In laying out and selling the aforesaid property. I do not wish
it to be hurried into market, and the whole of said ground adjoining
the town of Newport, and that on the Ohio river and not be laid out
at one time: and as to the time of selling, I wish the said trustees to con-
=sult and advise with my said daughters and my son James on the
subject. As the town of Newport improves, ground will be wanted for
lots and I wish this want supplied by bringing into market the vacant
ground, but not to force a sale or sacrifice it. I give and bequeath to
my daughter Ann N. Tibbotts lot No. 6 in the original plan of Newport
at the corner of Cabot street and fronting the Esplanade, to her sole
use and benefit during her natural life, and at her death the title to
vest in her heirs and assigns forever.
To my daughter Jane Williamson I give lot No. 13 in said town at the corn-
=er of Columbia street and the Esplanade to have and to hold the
same during her natural life, and at her death the remainder in
fee to her heirs forever. I give and bequeath to my son James Tay-
-lor Jr., his heirs and assigns forever, lot No. 114, in the original plan
of the town of Newport, at the corner of York and Bellevue streets and
also 4 feet unsold of lot 113. adjoining the lot sold to Richardson
and to extend through to Madison street.
I give and bequeath to my daughter Keturah Harris the house and
lot of York streeet, lately purchased of H. H. Mayo, to have and to hold
the same and to receive the rents and profits thereof during her natural
life and the remainder in fee to her heirs forever.
And I hereby also direct that my daughter Keturah Harris is not to
account to my other heirs for the 125 feet of ground given Mayo, (in
exchange for the said House) in the graveyard field.
I desire that the stock and farming utensils on my stock
farms in Union, Clark, and Green Counties, O. devised to my three dau-
-ghters in my will, be divided equally between them at my death;
and I advise that they carry on said farms in the same manner as I
have done with Talifero and Parks.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 153)
Description
[page 153]
[corresponds to page 101 of Will Book 3]
101
I hereby direct that when the tract of 800 acres, my Bellevue tract
which I heretofore deeded to my son James binds on the Ohio River
which it does below and above the mouth of mill run, that he shall
hold the same, to low water mark on the Ohio river: and I do hereby
bequeath the same to him and his heirs and assigns forever, and it
is to form a part of his 100 acres in the deed I made him, the same
calls for the water's edge, and this provision is made to extend to
his line to low water mark.
My portraits in my house of Washington, Jefferson, Madison, Jac-
kson, Patrick Henry and myself, I give to my son James and at his
death to his son James.
The said property that may be acquired and purchased by my said
trustees - the said Washington J. Berry and Reuben T. Thornton - from said
fund arising from the sale of the land west of the road leading from
Newport to Alexandria, they are to divide equally between my three dau-
-ghters, who are to have and to hold the same during their natural lives
and to receive the rents and profits thereof and at their death the rema-
=inder in fee to vest in their heirs forever and the said Trustees are to cause
the titles to be made in this way to them - My said daughters shall have
the right from said two tract: proposed to be laid off into lots to select
such lots as they may wish to use for themselves or their children
which they can have improved out of said fund received out of the sale
of said land. The balance of the tract of land on the Ohio river, and that
west of the road from Newport to Alexandria is to be held by my said
daughters as specified in Sec No. 7 of my Will.
In reference to my land in Kenton County, Kentucky, on Licking river
and Bank Lick creek and particularly mentioned in section No. 7
of my will: I hereby make and change my will, touching said land
as follows, to wit: That if my son James and my three daughters desire
it 200 or 250 acres of the land between Bank Lick and Covington and
on the contemplated Turnpike, and adjacent to the present Turnpike
may be laid off into town lots, or lots for residences or gardens from
1 to 10 or 20 acres as is most advisable, and that the same be sold out
to purchasers, on such terms as like property is sold, and the proceeds of
the sale of said 200 or 250 acres, I wish divided equally among my
sons and daughters. Twelve hundred acres of the balance of said
survey I wish divided among my said heirs to be held as is provided
in Sec No. 7. of my will, and the balance of the land I own in said
County, I wish sold and disposed of if my heirs desire it, if they do
not wish it sold, it will be equally divided among them. But if
my son James shall be satisfied that it is to the interest of my heirs,
that the land in Kenton County should be sold out, and the money
invested in other property. I desire that the same be done; but any
of my said heirs, who may wish to keep their part of said land
may do so and I desire that those who do not wish to sell may
have their portion set off to them. If it should so happen that
[corresponds to page 101 of Will Book 3]
101
I hereby direct that when the tract of 800 acres, my Bellevue tract
which I heretofore deeded to my son James binds on the Ohio River
which it does below and above the mouth of mill run, that he shall
hold the same, to low water mark on the Ohio river: and I do hereby
bequeath the same to him and his heirs and assigns forever, and it
is to form a part of his 100 acres in the deed I made him, the same
calls for the water's edge, and this provision is made to extend to
his line to low water mark.
My portraits in my house of Washington, Jefferson, Madison, Jac-
kson, Patrick Henry and myself, I give to my son James and at his
death to his son James.
The said property that may be acquired and purchased by my said
trustees - the said Washington J. Berry and Reuben T. Thornton - from said
fund arising from the sale of the land west of the road leading from
Newport to Alexandria, they are to divide equally between my three dau-
-ghters, who are to have and to hold the same during their natural lives
and to receive the rents and profits thereof and at their death the rema-
=inder in fee to vest in their heirs forever and the said Trustees are to cause
the titles to be made in this way to them - My said daughters shall have
the right from said two tract: proposed to be laid off into lots to select
such lots as they may wish to use for themselves or their children
which they can have improved out of said fund received out of the sale
of said land. The balance of the tract of land on the Ohio river, and that
west of the road from Newport to Alexandria is to be held by my said
daughters as specified in Sec No. 7 of my Will.
In reference to my land in Kenton County, Kentucky, on Licking river
and Bank Lick creek and particularly mentioned in section No. 7
of my will: I hereby make and change my will, touching said land
as follows, to wit: That if my son James and my three daughters desire
it 200 or 250 acres of the land between Bank Lick and Covington and
on the contemplated Turnpike, and adjacent to the present Turnpike
may be laid off into town lots, or lots for residences or gardens from
1 to 10 or 20 acres as is most advisable, and that the same be sold out
to purchasers, on such terms as like property is sold, and the proceeds of
the sale of said 200 or 250 acres, I wish divided equally among my
sons and daughters. Twelve hundred acres of the balance of said
survey I wish divided among my said heirs to be held as is provided
in Sec No. 7. of my will, and the balance of the land I own in said
County, I wish sold and disposed of if my heirs desire it, if they do
not wish it sold, it will be equally divided among them. But if
my son James shall be satisfied that it is to the interest of my heirs,
that the land in Kenton County should be sold out, and the money
invested in other property. I desire that the same be done; but any
of my said heirs, who may wish to keep their part of said land
may do so and I desire that those who do not wish to sell may
have their portion set off to them. If it should so happen that
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 154)
Description
[page 154]
[corresponds to page 102 of Will Book 3]
102
my son James, from accident or decease, is unable to continue
to act as my executor, or desire at any time to surrender the trust
reposed in him, I hereby vest him with the power to appoint a trustee
who will carry out the provision of my will. And any trustee so apoin-
-nted by him shall have the same power as my executor has under
my will. If the United States should, hereafter, wish to purchase Lot
No. 6. in the town of Newport, which I have devised to my daughters
Ann M. Tibbotts - and are willing to pay a fair price for it, I hereby
direct that a sale shall be made of the same, and the proceeds
invested in productive property in the City of Cincinnati, Newport
or Covington, for the use and benefit of my said daughter; but said
lot is not to be sold or disposed of, except to the United States, as an
addition to the Military depot, and my executor - the said James
Taylor Jr - will and is hereby directed to convey the title to the same
Having, heretofore, assigned to my son James and daughters my
four warehouses to wit: on Canal Street, Cincinnati, Ohio, each house
and lot, having a front of 18 feet by 100 deep, I therefore devise and
bequeath to my daughter, Jane, the most of westerly house and lot
adjoining Torrence. The one, next to her I give to my daughter Ann
W. Tibbotts, and the one next to her to Keturah Harris and the one
next to Mrs. Harris to my son James his heirs and assigns forever.
My said three daughters are to receive the rents and profits of said
Warehouses during their natural lives, to their sole use and benefit
and at their deaths the title in fee is to vest in their heirs forever.
And lastly, it is my will and desire that this my present codicil
be annexed to and made a part of my last Will and Testament
aforesaid.
In witness whereof I have hereunto set my hand; and affixed
my seal this first day of July in the year 1848.
James Taylor [Seal]
Signed, sealed, publish and
declared as and for the last Will and Testament of the above
named James Taylor in the presence of us
Samuel Kinston
Wm. B. Ross
____________________ " _____________________
And afterwards to wit: on the 5th day of October 1849, at a Circu-
-it Court held as aforesaid, the following order was made in this
cause -
" This day again came the parties by their attorneys, and the defen-
-dants filed herein their bill of exceptions which is signed,sealed
enrolled and made part of the record, and on motions of the def-
=endents an appeal in granted them to the Court of Appeals
upon their execution bond within 30 days in the Clerks office in the
penalty of $500 with Benjamin D. Beale and Edward P. Ball securities
[corresponds to page 102 of Will Book 3]
102
my son James, from accident or decease, is unable to continue
to act as my executor, or desire at any time to surrender the trust
reposed in him, I hereby vest him with the power to appoint a trustee
who will carry out the provision of my will. And any trustee so apoin-
-nted by him shall have the same power as my executor has under
my will. If the United States should, hereafter, wish to purchase Lot
No. 6. in the town of Newport, which I have devised to my daughters
Ann M. Tibbotts - and are willing to pay a fair price for it, I hereby
direct that a sale shall be made of the same, and the proceeds
invested in productive property in the City of Cincinnati, Newport
or Covington, for the use and benefit of my said daughter; but said
lot is not to be sold or disposed of, except to the United States, as an
addition to the Military depot, and my executor - the said James
Taylor Jr - will and is hereby directed to convey the title to the same
Having, heretofore, assigned to my son James and daughters my
four warehouses to wit: on Canal Street, Cincinnati, Ohio, each house
and lot, having a front of 18 feet by 100 deep, I therefore devise and
bequeath to my daughter, Jane, the most of westerly house and lot
adjoining Torrence. The one, next to her I give to my daughter Ann
W. Tibbotts, and the one next to her to Keturah Harris and the one
next to Mrs. Harris to my son James his heirs and assigns forever.
My said three daughters are to receive the rents and profits of said
Warehouses during their natural lives, to their sole use and benefit
and at their deaths the title in fee is to vest in their heirs forever.
And lastly, it is my will and desire that this my present codicil
be annexed to and made a part of my last Will and Testament
aforesaid.
In witness whereof I have hereunto set my hand; and affixed
my seal this first day of July in the year 1848.
James Taylor [Seal]
Signed, sealed, publish and
declared as and for the last Will and Testament of the above
named James Taylor in the presence of us
Samuel Kinston
Wm. B. Ross
____________________ " _____________________
And afterwards to wit: on the 5th day of October 1849, at a Circu-
-it Court held as aforesaid, the following order was made in this
cause -
" This day again came the parties by their attorneys, and the defen-
-dants filed herein their bill of exceptions which is signed,sealed
enrolled and made part of the record, and on motions of the def-
=endents an appeal in granted them to the Court of Appeals
upon their execution bond within 30 days in the Clerks office in the
penalty of $500 with Benjamin D. Beale and Edward P. Ball securities
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 155)
Description
[page 155]
[corresponds to page 103 of Will Book 3]
103
conditioned as the law directs.
And afterwards to wit on the 9th day of October 1850, at a Circuit
Court held as aforesaid the following proceedings was held in this
cause, which by bill of exceptions was consolidated with the suit
of ward and wife and Foot and wife, against Genl James Taylor's
Hs etc
This day came the plaintiffs in the above cause by their counsel
and filed the following mandate of the Court of Appeals viz:
State of Kentucky SS.
Court of Appeals 25th Sept. 1850 -
John W. Tibbotts, Geo. T. Williamson et al Appellants } Upon Appeal
against } from Judges
Washington J. Berry & R. T. Thornton Trustees Appellant} of the Campbell
The same
against Appellants } Circuit Court
Geo. M. Ward. John T. Foot etc
The Court being sufficiently advised it seems to them
that there is no error in the judgment of the Circuit Court reversing
the order of the County Court and admitting to error the will of
Genl' James Taylor. It is therefore considered by the Court that said
Judgment be affirmed but that the will be recorded but once in each
of said Courts and that but one mandate issue to the County Court all
of which is ordered to be certified to said Court -
A Copy Teste J. Swigert - C.C.C.
whereupon it is ordered and directed that said last will and Testa-
=ment of Genl James Taylor together with all the codicils attached thereto
are hereby adjudged, declare and decide to be the last will & Testament
of James Taylor dec' and it is further ordered that said will be cer-
-tified to the County Court of Campbell County and that said
Court is directed to have the same duly recorded in said Court
and that the Appellant W. J. Berry & H. T. Thornton in the first writ
of error from the County Court and Geo. W. Ward & Josephine his wife
& John T. Foot & Jordina his wife, the Appellants in the second writ
of error do recover of the defendents their costs expended in this
Court, and have execution therefor, and thereupon the defendants
Tibbotts and wife & Williamson and wife filed their bill of exceptions
which is signed and made part of the record and asked for
appeal, and the Court take time to consider"
And afterwards, to wit: on the 10th day of October 1850 at a Circuit
Court held as aforesaid the following order was made in the foregoing
causes.
The Court being sufficiently advised overruled the motion
of Tibbotts & wife and Williamson & wife for an appeal herein,
And afterwards to wit: on the 8th day of April 1850 at a Circuit
Court held as aforesaid the following mandate of the Court of Appeals
herein was presented and ordered to be recorded -
[corresponds to page 103 of Will Book 3]
103
conditioned as the law directs.
And afterwards to wit on the 9th day of October 1850, at a Circuit
Court held as aforesaid the following proceedings was held in this
cause, which by bill of exceptions was consolidated with the suit
of ward and wife and Foot and wife, against Genl James Taylor's
Hs etc
This day came the plaintiffs in the above cause by their counsel
and filed the following mandate of the Court of Appeals viz:
State of Kentucky SS.
Court of Appeals 25th Sept. 1850 -
John W. Tibbotts, Geo. T. Williamson et al Appellants } Upon Appeal
against } from Judges
Washington J. Berry & R. T. Thornton Trustees Appellant} of the Campbell
The same
against Appellants } Circuit Court
Geo. M. Ward. John T. Foot etc
The Court being sufficiently advised it seems to them
that there is no error in the judgment of the Circuit Court reversing
the order of the County Court and admitting to error the will of
Genl' James Taylor. It is therefore considered by the Court that said
Judgment be affirmed but that the will be recorded but once in each
of said Courts and that but one mandate issue to the County Court all
of which is ordered to be certified to said Court -
A Copy Teste J. Swigert - C.C.C.
whereupon it is ordered and directed that said last will and Testa-
=ment of Genl James Taylor together with all the codicils attached thereto
are hereby adjudged, declare and decide to be the last will & Testament
of James Taylor dec' and it is further ordered that said will be cer-
-tified to the County Court of Campbell County and that said
Court is directed to have the same duly recorded in said Court
and that the Appellant W. J. Berry & H. T. Thornton in the first writ
of error from the County Court and Geo. W. Ward & Josephine his wife
& John T. Foot & Jordina his wife, the Appellants in the second writ
of error do recover of the defendents their costs expended in this
Court, and have execution therefor, and thereupon the defendants
Tibbotts and wife & Williamson and wife filed their bill of exceptions
which is signed and made part of the record and asked for
appeal, and the Court take time to consider"
And afterwards, to wit: on the 10th day of October 1850 at a Circuit
Court held as aforesaid the following order was made in the foregoing
causes.
The Court being sufficiently advised overruled the motion
of Tibbotts & wife and Williamson & wife for an appeal herein,
And afterwards to wit: on the 8th day of April 1850 at a Circuit
Court held as aforesaid the following mandate of the Court of Appeals
herein was presented and ordered to be recorded -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 156)
Description
[page 156]
[corresponds to page 104 of Will Book 3]
104
The plaintiffs this day filed a mandate of the Court of Appeals herein
which is in the words and figures following to wit:
State of Kentucky SS.
Court of Appeals 18th Dec. 1850
John N. Tibbotts & wife et al Plts Upon a writ of error to
against Judgement of the Campbell
Washington J. Berry et al Defts Circuit Court
The Court being sufficiently advised it seems
to them that there is no error in the judgement. It is therefore cons-
-idered by the Court that said judgement be affirmed which is ind
eed ordered to be certified to said Court -
A Copy Teste J. Swigert. C. C. A.
And thereupon moved the Court to record the will in conformity
with said mandate which motion is laid over untill tomorrow, at
the request of John N. Tibbotts.
And afterwards to wit: on the 9th day of April 1851 at a Circuit Court
held as afoaresaid the following order and proceedings was made and
had in this cause -
The motion continued on yesterday at the request
of John N. Tibbotts being heard. It is ordered that in pursuance of
a former mandate of the Court of Appeals and an order of this Court
that the last will and Testament of Genl' James Taylor with all the
codicils attached thereto heretofore established by this Court be reco-
-rded in this Court, and be certified as ordered by this Court and the
Court of Appeals to the Campbell County Court to be recorded therein
Which said last will & Testament with all the codicils attached thereto
is again recorded in the words and figures following - to wit: The
copy of said will and Codicils as recorded a second time in this
Court is here omitted because the same is correctly copied in a
preceding part of this record and the two records of said will &
Codicils are precisely the same except that after said will & Codic-
-ils were recorded the second time, to wit: on the 9th day of April
1851 the following certificate was placed on said original
will of James Taylor dec' said certificate is in the words
and figures following, to wit:
Commonwealth of Kentucky, Campbell Circuit SS
I Benjamin D. Beals Clerk of the Circuit Court for the Circuit
and County of Campbell do certify that the annexed and foregoing
instrument of writing of twenty four pages, purporting to be
last will and Testament of James Taylor deceased with all the
Codicils attached thereto has been proved in and established
by the Campbell Circuit Court to be the last will & Testament
of James Taylor and as such has been ordered to be recorded
and has been recorded in said Couort all which is certified to the
County Court of Campbell County pursuant to the Judgement and
order of the Campbell Circuit Court. In witness whereof I have
[corresponds to page 104 of Will Book 3]
104
The plaintiffs this day filed a mandate of the Court of Appeals herein
which is in the words and figures following to wit:
State of Kentucky SS.
Court of Appeals 18th Dec. 1850
John N. Tibbotts & wife et al Plts Upon a writ of error to
against Judgement of the Campbell
Washington J. Berry et al Defts Circuit Court
The Court being sufficiently advised it seems
to them that there is no error in the judgement. It is therefore cons-
-idered by the Court that said judgement be affirmed which is ind
eed ordered to be certified to said Court -
A Copy Teste J. Swigert. C. C. A.
And thereupon moved the Court to record the will in conformity
with said mandate which motion is laid over untill tomorrow, at
the request of John N. Tibbotts.
And afterwards to wit: on the 9th day of April 1851 at a Circuit Court
held as afoaresaid the following order and proceedings was made and
had in this cause -
The motion continued on yesterday at the request
of John N. Tibbotts being heard. It is ordered that in pursuance of
a former mandate of the Court of Appeals and an order of this Court
that the last will and Testament of Genl' James Taylor with all the
codicils attached thereto heretofore established by this Court be reco-
-rded in this Court, and be certified as ordered by this Court and the
Court of Appeals to the Campbell County Court to be recorded therein
Which said last will & Testament with all the codicils attached thereto
is again recorded in the words and figures following - to wit: The
copy of said will and Codicils as recorded a second time in this
Court is here omitted because the same is correctly copied in a
preceding part of this record and the two records of said will &
Codicils are precisely the same except that after said will & Codic-
-ils were recorded the second time, to wit: on the 9th day of April
1851 the following certificate was placed on said original
will of James Taylor dec' said certificate is in the words
and figures following, to wit:
Commonwealth of Kentucky, Campbell Circuit SS
I Benjamin D. Beals Clerk of the Circuit Court for the Circuit
and County of Campbell do certify that the annexed and foregoing
instrument of writing of twenty four pages, purporting to be
last will and Testament of James Taylor deceased with all the
Codicils attached thereto has been proved in and established
by the Campbell Circuit Court to be the last will & Testament
of James Taylor and as such has been ordered to be recorded
and has been recorded in said Couort all which is certified to the
County Court of Campbell County pursuant to the Judgement and
order of the Campbell Circuit Court. In witness whereof I have
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 157)
Description
[page 157]
[corresponds to page 105 of Will Book 3]
105
hereunto subscribed my name as Clerk of the Campbell Circuit
Court this 9th day of April 1851. Benjamin D. Beale Clerk
Campbell Circuit Court.
State of Kentucky
Campbell Circuit Court S.S.
I Benjamin Beale Clerk of the Campbell Circuit Court in the
estate aforesaid do certify that the foregoing pages is a full and com-
-plete transcript of the assignment of Errors, Writ of Error the summonses
with the returns which issued on said writ, orders of the County Court and
letters of Mrs. Taylor, H. T. Harris and others, and all the orders of said Court
in reversing the orders of the Campbell County Court in annulling and
rejecting the will of Genl James Taylor dec' and the Codicils annexed
thereto and in refusing to record the same and of all orders in said
Court in establishing the will of James Taylor and the Codicils attac-
-hed thereto and the ordering the same to record and certifying their ord-
-er and judgement to the Campbell County Court and of all the orders
of said Court granting an appeal from the order and judgement of
Court in establishing said will and of the mandate of the Court of Appeals
affirming the orders & judgement of said Court and all the orders of said
Court in ordering said mandate of the Court of Appeals to be recorded and
in overruling the motion of Tibbotts and wife and Williamson & wife
for an Appeal from the order of said Court allowing said mandate to be
recorded and of a second mandate of the Court of Appeals affirming the order
and judgment of said Court in refusing said Appeals. And the order of
said Circuit Court ordering said mandate to be recorded and of a second
order of said Court ordering said will & Codicils to be recorded and certif-
-icate of record as they appear from the records of my office. And I do
further certify that the foregoing contains a true full and perfect copy
and transcript of the will of James Taylor deceased together with all
the Codicils attached thereto as recorded on the 4th day of October
1849, and again recorded on the 9th day day of April 1851, as they
appear from the records of my office.
In testimony whereof I have
hereunto subscribed my name and affixed the seal of said office
Court at the Court house in Alexandria on the 30th day of June
A.D. 1852, and 61st year of the Commonwealth. Benjamin Beale Clerk
[Seal] Campbell Circuit Court
State of Kentucky SS
I Alvin Dewalt sole Judge pro tem of the
Campbell Circuit Court in the State aforesaid do certify that Benjamin
Beale whose name appears to the foregoing certificate is and was at the time
of making the same Clerk of the Campbell Circuit Court & duly elected
commissioned and qualified and as such full faith and credit should
be given all his official acts, that his certificate is in due form of law
and that his signature and seal are genuine.
Given under my hand this 5th day of July A.D. 1852. A. Dewall
[corresponds to page 105 of Will Book 3]
105
hereunto subscribed my name as Clerk of the Campbell Circuit
Court this 9th day of April 1851. Benjamin D. Beale Clerk
Campbell Circuit Court.
State of Kentucky
Campbell Circuit Court S.S.
I Benjamin Beale Clerk of the Campbell Circuit Court in the
estate aforesaid do certify that the foregoing pages is a full and com-
-plete transcript of the assignment of Errors, Writ of Error the summonses
with the returns which issued on said writ, orders of the County Court and
letters of Mrs. Taylor, H. T. Harris and others, and all the orders of said Court
in reversing the orders of the Campbell County Court in annulling and
rejecting the will of Genl James Taylor dec' and the Codicils annexed
thereto and in refusing to record the same and of all orders in said
Court in establishing the will of James Taylor and the Codicils attac-
-hed thereto and the ordering the same to record and certifying their ord-
-er and judgement to the Campbell County Court and of all the orders
of said Court granting an appeal from the order and judgement of
Court in establishing said will and of the mandate of the Court of Appeals
affirming the orders & judgement of said Court and all the orders of said
Court in ordering said mandate of the Court of Appeals to be recorded and
in overruling the motion of Tibbotts and wife and Williamson & wife
for an Appeal from the order of said Court allowing said mandate to be
recorded and of a second mandate of the Court of Appeals affirming the order
and judgment of said Court in refusing said Appeals. And the order of
said Circuit Court ordering said mandate to be recorded and of a second
order of said Court ordering said will & Codicils to be recorded and certif-
-icate of record as they appear from the records of my office. And I do
further certify that the foregoing contains a true full and perfect copy
and transcript of the will of James Taylor deceased together with all
the Codicils attached thereto as recorded on the 4th day of October
1849, and again recorded on the 9th day day of April 1851, as they
appear from the records of my office.
In testimony whereof I have
hereunto subscribed my name and affixed the seal of said office
Court at the Court house in Alexandria on the 30th day of June
A.D. 1852, and 61st year of the Commonwealth. Benjamin Beale Clerk
[Seal] Campbell Circuit Court
State of Kentucky SS
I Alvin Dewalt sole Judge pro tem of the
Campbell Circuit Court in the State aforesaid do certify that Benjamin
Beale whose name appears to the foregoing certificate is and was at the time
of making the same Clerk of the Campbell Circuit Court & duly elected
commissioned and qualified and as such full faith and credit should
be given all his official acts, that his certificate is in due form of law
and that his signature and seal are genuine.
Given under my hand this 5th day of July A.D. 1852. A. Dewall
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 158)
Description
[page 158]
[corresponds to page 106 of Will Book 3]
106
State of Kentucky
Campbell County S.S.
I Benjamin Beale Clerk of the Campbell Circuit Court in the State
of Kentucky do certify that Alvin Duvall whose name is affixed to the
foregoing certificate is sole Judge pro tem of the Campbell Circuit Court
duly commissioned and sworn as such and that his certificate is in
due form of law and his signature genuine.
In testimony whereof I have hereto suscribed my name and aff-
-ixed the seal of said Court at the Court house in Alexandria this 5th
day of July A.D. 1852.
[Seal] Benjamin Beale Clerk
Campbell Circuit Court
State of Kentucky
Campbell Circuit Court } S.S.
January term A.D. 1851.
The last will and Testament of James Taylor deceased together with
the several codicils attached thereto being the original papers heretofore
affixed and rejected by this Court in its November term 1848, was offered
for probate and record together with a mandate and order of the Cam-
-pbell Circuit Court directing the Court to record the same. Therefore,
it is ordered that the said will together with the codicils attached thereto
be recorded and established as and for the last will and Testament of
said James Taylor dec' Whereupon James Taylor the executor named in
said will came into Court and agreed to take upon himself the burthen
of the execution thereof and took the oath required by law. And the
said will requiring no bond to be executed now was given.
I James N. Parker Clerk of the Campbell County Court certify that the
foregoing order of Court admitting the will of James Taylor dec'd to record
and permitting James Taylor to qualify as the executor thereof is
truly copied from the records of my office. I also certify that
the said will of James Taylor has been recorded in my office
pursuant to the foregoing order.
In testimony whereof I have hereunto set my hand
and affixed the seal of said Court this first day of July
A.D. 1852. [Seal] James U. Parker Clerk.
State of Kentucky
Campbell County } S.S.
I Frederick A. Boyd Presiding Judge of the Campbell County
Court in the State of Kentucky do certify that James U. Parker whose
name is signed to the within and foregoing certificate is
at the time of signing the same Clerk of said Court duly elected
commissioned and qualified according to law, and as such full faith
and credit are due and ought to be given all his official acts, both
in Court and Judicature and there out that the foregoing is his
genuine signature and that his said attestation is in due form of law.
[corresponds to page 106 of Will Book 3]
106
State of Kentucky
Campbell County S.S.
I Benjamin Beale Clerk of the Campbell Circuit Court in the State
of Kentucky do certify that Alvin Duvall whose name is affixed to the
foregoing certificate is sole Judge pro tem of the Campbell Circuit Court
duly commissioned and sworn as such and that his certificate is in
due form of law and his signature genuine.
In testimony whereof I have hereto suscribed my name and aff-
-ixed the seal of said Court at the Court house in Alexandria this 5th
day of July A.D. 1852.
[Seal] Benjamin Beale Clerk
Campbell Circuit Court
State of Kentucky
Campbell Circuit Court } S.S.
January term A.D. 1851.
The last will and Testament of James Taylor deceased together with
the several codicils attached thereto being the original papers heretofore
affixed and rejected by this Court in its November term 1848, was offered
for probate and record together with a mandate and order of the Cam-
-pbell Circuit Court directing the Court to record the same. Therefore,
it is ordered that the said will together with the codicils attached thereto
be recorded and established as and for the last will and Testament of
said James Taylor dec' Whereupon James Taylor the executor named in
said will came into Court and agreed to take upon himself the burthen
of the execution thereof and took the oath required by law. And the
said will requiring no bond to be executed now was given.
I James N. Parker Clerk of the Campbell County Court certify that the
foregoing order of Court admitting the will of James Taylor dec'd to record
and permitting James Taylor to qualify as the executor thereof is
truly copied from the records of my office. I also certify that
the said will of James Taylor has been recorded in my office
pursuant to the foregoing order.
In testimony whereof I have hereunto set my hand
and affixed the seal of said Court this first day of July
A.D. 1852. [Seal] James U. Parker Clerk.
State of Kentucky
Campbell County } S.S.
I Frederick A. Boyd Presiding Judge of the Campbell County
Court in the State of Kentucky do certify that James U. Parker whose
name is signed to the within and foregoing certificate is
at the time of signing the same Clerk of said Court duly elected
commissioned and qualified according to law, and as such full faith
and credit are due and ought to be given all his official acts, both
in Court and Judicature and there out that the foregoing is his
genuine signature and that his said attestation is in due form of law.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 159)
Description
[page 159]
[corresponds to page 107 of Will Book 3]
107
Given under my hand this 2nd day of July A.D. 1852.
F. A. Boyd P. J. C.C.C.
State of Kentucky
Campbell County } S.S.
I James H. Parker Clerk of the Campbell County Court in the
State aforesaid do certify that Frederick A. Boyd whose name appears
above certificate is and was at the time of signing the same sole
presiding Judge of said Court duly elected commissioned and qual-
-ified according to law, and as such full faith and credit are due and
ought to be given all his official acts, both in Court and Judicature
and there out. And that the foregoing is his genuine signature.
Given under my hand and the seal of said Court this 5th
day of July A.D. 1852.
[Seal] James U. Parker Clerk.
John J. Higgins Probate Judge
The State of Ohio
Probate Court of Brown County S.S.
I John J. Higgins Judge of the Probate Court within and for
said County of Brown in the State aforesaid do hereby certify that
the foregoing pages are a full and complete copy of the last will &
testament of James Taylor deceased, late of the County of Campbell
in the State of Kentucky, and the codicils thereto recorded in the
said Probate Court of the County of Brown and of the record of the
proceedings of the Campbell Circuit Court in the State of Kentucky
establishing said will and recording the same, and of the order of the
Campbell County Court, as filed and recorded in said Probate Court
of Brown County and also a full and complete copy of the order
made by said Probate Court of Brown County on the fourteenth
day of July A.D. 1852, admitting to record in said Court an auth-
-enticated copy of the said last will and Testament of James Taylor
and the codicils thereto, as hereinbefore set forth, the same having
been executed and proved according to the laws of Kentucky and
an authenticated copy thereof recorded as aforesaid in said
probate Court of the County of Brown.
In testimony whereof I do hereunto subscribe my name and affix
the seal of said probate Court of Brown County this 31st day of
July A.D. 1852. John J. Higgins
[S.S.] Probate Judge
State of Ohio, Marion County S.S.} Probate Court August 27th 1852.
I George Snyder Judge of the Court of Probate within and
for said County and State aforesaid do hereby certify that the foregoing has
been duly recorded, in the record of wills in this Court, and that a certified
copy of the same is now on file in the Court aforesaid.
In witness whereof I have hereunto subscribed my name and affixed the seal
of said Court at Marion this 27th day of August A.D. 1852. G. Snyder.
[ S.S. ] Judge of the Court of Probate
[corresponds to page 107 of Will Book 3]
107
Given under my hand this 2nd day of July A.D. 1852.
F. A. Boyd P. J. C.C.C.
State of Kentucky
Campbell County } S.S.
I James H. Parker Clerk of the Campbell County Court in the
State aforesaid do certify that Frederick A. Boyd whose name appears
above certificate is and was at the time of signing the same sole
presiding Judge of said Court duly elected commissioned and qual-
-ified according to law, and as such full faith and credit are due and
ought to be given all his official acts, both in Court and Judicature
and there out. And that the foregoing is his genuine signature.
Given under my hand and the seal of said Court this 5th
day of July A.D. 1852.
[Seal] James U. Parker Clerk.
John J. Higgins Probate Judge
The State of Ohio
Probate Court of Brown County S.S.
I John J. Higgins Judge of the Probate Court within and for
said County of Brown in the State aforesaid do hereby certify that
the foregoing pages are a full and complete copy of the last will &
testament of James Taylor deceased, late of the County of Campbell
in the State of Kentucky, and the codicils thereto recorded in the
said Probate Court of the County of Brown and of the record of the
proceedings of the Campbell Circuit Court in the State of Kentucky
establishing said will and recording the same, and of the order of the
Campbell County Court, as filed and recorded in said Probate Court
of Brown County and also a full and complete copy of the order
made by said Probate Court of Brown County on the fourteenth
day of July A.D. 1852, admitting to record in said Court an auth-
-enticated copy of the said last will and Testament of James Taylor
and the codicils thereto, as hereinbefore set forth, the same having
been executed and proved according to the laws of Kentucky and
an authenticated copy thereof recorded as aforesaid in said
probate Court of the County of Brown.
In testimony whereof I do hereunto subscribe my name and affix
the seal of said probate Court of Brown County this 31st day of
July A.D. 1852. John J. Higgins
[S.S.] Probate Judge
State of Ohio, Marion County S.S.} Probate Court August 27th 1852.
I George Snyder Judge of the Court of Probate within and
for said County and State aforesaid do hereby certify that the foregoing has
been duly recorded, in the record of wills in this Court, and that a certified
copy of the same is now on file in the Court aforesaid.
In witness whereof I have hereunto subscribed my name and affixed the seal
of said Court at Marion this 27th day of August A.D. 1852. G. Snyder.
[ S.S. ] Judge of the Court of Probate
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 160)
Description
[page 160]
[corresponds to page 108 of Will Book 3]
108
Robert Perry's Deceased - Will -
Proceedings had at the Office of the Probate Judge of
Delaware, Delaware County Ohio before D. T. Fuller Probate
Judge in and for said County on the 29th day of Sept-
-ember A.D. 1852
The last will and testament of Robert Perry late of
Radnor Township in said County deceased was this day
produced in Court by the executors in said will named
and George Wolfley and J. J. Morton the subscribing wit-
-nesses to said will appeared and in open Court on oath
testified to the due execution of said will which testimony
was reduced to writing and by them respectively subsc-
-ribed and filed with said will: and it appearing to the
Court by said testimony that said will was duly attested
and executed, and that the said testator at the time of
executing the same was of full age and of sound mi-
-nd and memory and not under any restraint it
is ordered by the Court that said Will and testimony be
recorded. Whereupon George Wolfe & and William Perry
the executors in said will named appeared in Court
and signified their acceptance of the trust of executing
said will, it is further ordered that letters Testamentary
be issued to them on their giving bond in the sum of
$2500.00 with John Wolfley and J. J. Morton as sureties
conditioned according to law. The Court appoints
James Kyle John B. Jones and David Williams appr-
-aisers of the personal Estate of the said Testator.
In the name of the Benevolent Father of All -
I Robert Perry of the Township of Radnor County of
Delaware State of Ohio, do make and publish this my
last will and testament.
1st I give and devise to my beloved wife Sarah Perry
in lieu of her dower the farm on which we now
reside situate in Radnor Township Delaware County
State of Ohio containing about one hundred & sixty four
acres during her natural life and all the stock
household goods, Rail Road Stocks monies, furniture
provisions and other goods & chattels which may be
thereon at the time of my decease during her natu-
-ral life as aforesaid (except one three year old sorrel
horse which I give and bequeath to my worthy grand
son Lewis Wolfley
2nd I do hereby nominate and appoint George
Wolfley and Wm. Perry executors of this my last
Will and Testament, hereby authorizing and em-
-powering them to compromise, adjust, release
[corresponds to page 108 of Will Book 3]
108
Robert Perry's Deceased - Will -
Proceedings had at the Office of the Probate Judge of
Delaware, Delaware County Ohio before D. T. Fuller Probate
Judge in and for said County on the 29th day of Sept-
-ember A.D. 1852
The last will and testament of Robert Perry late of
Radnor Township in said County deceased was this day
produced in Court by the executors in said will named
and George Wolfley and J. J. Morton the subscribing wit-
-nesses to said will appeared and in open Court on oath
testified to the due execution of said will which testimony
was reduced to writing and by them respectively subsc-
-ribed and filed with said will: and it appearing to the
Court by said testimony that said will was duly attested
and executed, and that the said testator at the time of
executing the same was of full age and of sound mi-
-nd and memory and not under any restraint it
is ordered by the Court that said Will and testimony be
recorded. Whereupon George Wolfe & and William Perry
the executors in said will named appeared in Court
and signified their acceptance of the trust of executing
said will, it is further ordered that letters Testamentary
be issued to them on their giving bond in the sum of
$2500.00 with John Wolfley and J. J. Morton as sureties
conditioned according to law. The Court appoints
James Kyle John B. Jones and David Williams appr-
-aisers of the personal Estate of the said Testator.
In the name of the Benevolent Father of All -
I Robert Perry of the Township of Radnor County of
Delaware State of Ohio, do make and publish this my
last will and testament.
1st I give and devise to my beloved wife Sarah Perry
in lieu of her dower the farm on which we now
reside situate in Radnor Township Delaware County
State of Ohio containing about one hundred & sixty four
acres during her natural life and all the stock
household goods, Rail Road Stocks monies, furniture
provisions and other goods & chattels which may be
thereon at the time of my decease during her natu-
-ral life as aforesaid (except one three year old sorrel
horse which I give and bequeath to my worthy grand
son Lewis Wolfley
2nd I do hereby nominate and appoint George
Wolfley and Wm. Perry executors of this my last
Will and Testament, hereby authorizing and em-
-powering them to compromise, adjust, release
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 161)
Description
[page 161]
[corresponds to page 109 of Will Book 3]
109
and discharge in such manner as they may deem
proper the debts and claims due me. I do also auth-
-orize and empower them if it shall become nec-
-essary in order to pay any debts to sell by private sale
or in such manner upon such terms of credit or
otherwise, as they may think proper, and or any part
of my real Estate and deeds to purchases to execute
acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
seal this 7th day of September 1850
Signed and acknowledged by Robert Perry [Seal]
said Robert Perry as his last
Will & testament in our presence
and signed by us in his presence.
Jas. J. Morton
George Wolfley
State of Ohio Delaware County SS:
Court of Probate September 29th 1852
Personally appeared in open Court Jas. J. Morton
and George Wolfley who being duly sworn de-
-pose and say that the paper before them purporting
to be the last will and testament of Robert Perry now
deceased was by the said Robert Perry acknowledged
published and declared to be his last will and testament
in the presence of these deponents, that the said dec-
-eased was of lawful age; that he was of sound dis-
-posing mind and memory and under no rest-
-raint 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. J. J. Morton
George Wolfley
Sworn to & Subscribed in
open Court this 29th day of
Sept. A.D. 1852
D. J. Fuller Judge -
[corresponds to page 109 of Will Book 3]
109
and discharge in such manner as they may deem
proper the debts and claims due me. I do also auth-
-orize and empower them if it shall become nec-
-essary in order to pay any debts to sell by private sale
or in such manner upon such terms of credit or
otherwise, as they may think proper, and or any part
of my real Estate and deeds to purchases to execute
acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
seal this 7th day of September 1850
Signed and acknowledged by Robert Perry [Seal]
said Robert Perry as his last
Will & testament in our presence
and signed by us in his presence.
Jas. J. Morton
George Wolfley
State of Ohio Delaware County SS:
Court of Probate September 29th 1852
Personally appeared in open Court Jas. J. Morton
and George Wolfley who being duly sworn de-
-pose and say that the paper before them purporting
to be the last will and testament of Robert Perry now
deceased was by the said Robert Perry acknowledged
published and declared to be his last will and testament
in the presence of these deponents, that the said dec-
-eased was of lawful age; that he was of sound dis-
-posing mind and memory and under no rest-
-raint 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. J. J. Morton
George Wolfley
Sworn to & Subscribed in
open Court this 29th day of
Sept. A.D. 1852
D. J. Fuller Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 162)
Description
[page 162]
[corresponds to page 110 of Will Book 3]
110
Esther Jamison's deceased - Will of -
Proceedings had at the Office of the Probate Judge
in Delaware Delaware County Ohio before D. J. Fuller
Probate Judge in and for said County on the 30th day
of October A.D. 1852 -
The last will and testament of Esther Jamison
late of Delaware Township in said County deceased was
this day produced in Court and Moses Gardner and John
Gardner two of the subscribing Witnesses to said Will
appeared, and in open Court on oath testified to this due
execution of said Will, which testimony was reduced to
writing and by them respectively subscribed and filed
with said will: And it appearing to the Court by said
testimony that said will was duly attested and executed
and that the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint, it is ordered by the Court that
said will and testimony be recorded -
In the name of God Amen. I Esther Jamison of Delaware
County State of Ohio being old and feeble of body but of sound
and disposing mind and memory and being disposed to
arrange my worldly affairs, so that I may be the better pre-
-pared to leave this world when it shall please Almighty God
to call me home, do make this my last will and testament
First & principally I leave my soul in the hands of Almighty
God who gave it to be disposed of, as he in his goodness may see
fit: And my body to be decently buried by my executive, herein-
-after named, and after my debts and funeral expenses are
fully paid, my will is that my daughter Elizabeth shall
have all my property to dispose of as she may see fit, and
in disposing of the same my will is that my son Robert
have the portion given him in accordance with the provis-
-ions of the Will of R. Jamison dec'. And lastly I appoint
my said daughter Elizabeth Executrix of this my last
will - In witness whereof the set Esther Jamison doth
doth set her hand and affix her seal this 13th day of Ju-
-ly 1850 her
In the presence of this Esther Jamison [Seal]
subscribers, who in her presence mark
& at her request, subscribed our names as witnesses
thereto all in the presence of each other
Moses Gardner
John Gardner
John Lugenbeel
And I Esther Jamison do declare the following
as an addition or codicil to the foregoing will to wit
[corresponds to page 110 of Will Book 3]
110
Esther Jamison's deceased - Will of -
Proceedings had at the Office of the Probate Judge
in Delaware Delaware County Ohio before D. J. Fuller
Probate Judge in and for said County on the 30th day
of October A.D. 1852 -
The last will and testament of Esther Jamison
late of Delaware Township in said County deceased was
this day produced in Court and Moses Gardner and John
Gardner two of the subscribing Witnesses to said Will
appeared, and in open Court on oath testified to this due
execution of said Will, which testimony was reduced to
writing and by them respectively subscribed and filed
with said will: And it appearing to the Court by said
testimony that said will was duly attested and executed
and that the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint, it is ordered by the Court that
said will and testimony be recorded -
In the name of God Amen. I Esther Jamison of Delaware
County State of Ohio being old and feeble of body but of sound
and disposing mind and memory and being disposed to
arrange my worldly affairs, so that I may be the better pre-
-pared to leave this world when it shall please Almighty God
to call me home, do make this my last will and testament
First & principally I leave my soul in the hands of Almighty
God who gave it to be disposed of, as he in his goodness may see
fit: And my body to be decently buried by my executive, herein-
-after named, and after my debts and funeral expenses are
fully paid, my will is that my daughter Elizabeth shall
have all my property to dispose of as she may see fit, and
in disposing of the same my will is that my son Robert
have the portion given him in accordance with the provis-
-ions of the Will of R. Jamison dec'. And lastly I appoint
my said daughter Elizabeth Executrix of this my last
will - In witness whereof the set Esther Jamison doth
doth set her hand and affix her seal this 13th day of Ju-
-ly 1850 her
In the presence of this Esther Jamison [Seal]
subscribers, who in her presence mark
& at her request, subscribed our names as witnesses
thereto all in the presence of each other
Moses Gardner
John Gardner
John Lugenbeel
And I Esther Jamison do declare the following
as an addition or codicil to the foregoing will to wit
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 163)
Description
[page 163]
[corresponds to page 111 of Will Book 3]
111
I do give devise and bequeath my land warrant for Forty
acres of land lately issued to me by the United States to my
daughter Elizabeth to be disposed of as she may deem best -
and the proceeds thereof to be by her disposed of in equal shares
to my following named children, Robert Jamison, Two
shares, John Jamison James W Jamison Elizabeth Jamison
& Hannah Carpenter former Hannah Jamison one share
each, one full share to be equally divided among all my
Grand children that may be living when said division
of shares may be made - The share to my daughter Han-
-nah Carpenter to be her to her son separate use and not
to the use or control of her husband.
Witness my hand and seal this 29th day of July
1852 her
Esther Jamison [Seal]
mark
In the presence of the subscribers who at her request or in
her presence signed the same as witnesses thereto
all in the presence of each other
Moses Gardner
John Gardner
The State of Ohio Delaware County SS:
Court of Probate OCt. 30th 1852
Personally appeared in open Court Moses Gardner
and John Gardner who being duly sworn depose and
say that the paper before them purporting to be the last
will and testament of Esther Jamison now deceased
was by the said E. Jamison 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 witn-
-esses in the presence and at the request of the Testation
and in the presence of each other
Moses Gardner
John Gardner
Sworn to & Subscribed in open Court
this 30th day of October A.D. 1852
D. J. Fuller Prob
Judge, of Del Co. O
[corresponds to page 111 of Will Book 3]
111
I do give devise and bequeath my land warrant for Forty
acres of land lately issued to me by the United States to my
daughter Elizabeth to be disposed of as she may deem best -
and the proceeds thereof to be by her disposed of in equal shares
to my following named children, Robert Jamison, Two
shares, John Jamison James W Jamison Elizabeth Jamison
& Hannah Carpenter former Hannah Jamison one share
each, one full share to be equally divided among all my
Grand children that may be living when said division
of shares may be made - The share to my daughter Han-
-nah Carpenter to be her to her son separate use and not
to the use or control of her husband.
Witness my hand and seal this 29th day of July
1852 her
Esther Jamison [Seal]
mark
In the presence of the subscribers who at her request or in
her presence signed the same as witnesses thereto
all in the presence of each other
Moses Gardner
John Gardner
The State of Ohio Delaware County SS:
Court of Probate OCt. 30th 1852
Personally appeared in open Court Moses Gardner
and John Gardner who being duly sworn depose and
say that the paper before them purporting to be the last
will and testament of Esther Jamison now deceased
was by the said E. Jamison 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 witn-
-esses in the presence and at the request of the Testation
and in the presence of each other
Moses Gardner
John Gardner
Sworn to & Subscribed in open Court
this 30th day of October A.D. 1852
D. J. Fuller Prob
Judge, of Del Co. O
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 164)
Description
[page 164]
[corresponds to page 112 of Will Book 3]
112
Benjamin Martin's Will -
Proceedings had at the Office of the Probate Judge in Del-
-aware Delaware County Ohio before D. J. Fuller Probate
Judge in and for said County on the 17th of November
A.D. 1852 -
The last will and testament of Benjamin Mar-
-tin late of Troy Tp in said County deceased together with
a codocil to said will was this day produced in Court
and S. Finch one of the subscribing witnesses to said
will and A. L. Griffiths & George A. Jackson the subscribing
witnesses to said codicil appeared and in open Court testi-
-fied to the due execution of said will & codicil which test-
-imony was reduced to writing and by them respectively sub-
-scribed and filed with said will & codicil, and it appea-
-ring to the Court by said testimony that said will and
codicil were duly attested and executed, and the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint - it is
ordered by this Court that said will codocil and testimony be
recorded. Whereupon James Martin and Nehemiah Martin
the executors in said will named, appeared in Court and
signified their acceptance of the tenet of executing said
will, it is therefore further ordered that letters testamentary
be issued to them on their giving bonds in the sum of
$1000.00 with Mr. Jones and David Martin as sureties cond-
-itioned according to law - The Court appoints Sabeon Main
Hugh T. Cole and Amzi Slawson appraisers of the personal
property of said Testator -
I Benjamin Martin of the County of Delaware and State
of Ohio do make and publish this my last will and testament in the
manner and form following. First it is my will and desire that
all my funeral expenses and all just debts be paid.
Secondly, I give and devise to my beloved wife Margaret Martin
in Lieu of her Dower the plantation on which I now reside situate
in Troy Tp containing one hundred & sixty acres during the time
she shall remain my widow, and during her widowhood she shall
have all my personal property of all kinds and nature to be kept and
used by her during that time for her own support and the support of
my three sons Elijah Ludlow S. and Jefferson and all such property
while she remains my widow she shall dispose of and apply for the purpose
aforesaid, and in case my said Wife shall during her widowhood should
be disposed to marry again, it is then my will and desire that she shall have
during the residue of her life only such part and portion of the said
plantation and personal property as she shall be entitled by law
as her dower.
Thirdly - It is my will and desire that after the death or Widowhood
of my wife my said property - both plantation and personal
[corresponds to page 112 of Will Book 3]
112
Benjamin Martin's Will -
Proceedings had at the Office of the Probate Judge in Del-
-aware Delaware County Ohio before D. J. Fuller Probate
Judge in and for said County on the 17th of November
A.D. 1852 -
The last will and testament of Benjamin Mar-
-tin late of Troy Tp in said County deceased together with
a codocil to said will was this day produced in Court
and S. Finch one of the subscribing witnesses to said
will and A. L. Griffiths & George A. Jackson the subscribing
witnesses to said codicil appeared and in open Court testi-
-fied to the due execution of said will & codicil which test-
-imony was reduced to writing and by them respectively sub-
-scribed and filed with said will & codicil, and it appea-
-ring to the Court by said testimony that said will and
codicil were duly attested and executed, and the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint - it is
ordered by this Court that said will codocil and testimony be
recorded. Whereupon James Martin and Nehemiah Martin
the executors in said will named, appeared in Court and
signified their acceptance of the tenet of executing said
will, it is therefore further ordered that letters testamentary
be issued to them on their giving bonds in the sum of
$1000.00 with Mr. Jones and David Martin as sureties cond-
-itioned according to law - The Court appoints Sabeon Main
Hugh T. Cole and Amzi Slawson appraisers of the personal
property of said Testator -
I Benjamin Martin of the County of Delaware and State
of Ohio do make and publish this my last will and testament in the
manner and form following. First it is my will and desire that
all my funeral expenses and all just debts be paid.
Secondly, I give and devise to my beloved wife Margaret Martin
in Lieu of her Dower the plantation on which I now reside situate
in Troy Tp containing one hundred & sixty acres during the time
she shall remain my widow, and during her widowhood she shall
have all my personal property of all kinds and nature to be kept and
used by her during that time for her own support and the support of
my three sons Elijah Ludlow S. and Jefferson and all such property
while she remains my widow she shall dispose of and apply for the purpose
aforesaid, and in case my said Wife shall during her widowhood should
be disposed to marry again, it is then my will and desire that she shall have
during the residue of her life only such part and portion of the said
plantation and personal property as she shall be entitled by law
as her dower.
Thirdly - It is my will and desire that after the death or Widowhood
of my wife my said property - both plantation and personal
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 165)
Description
[page 165]
[corresponds to page 113 of Will Book 3]
113
property should be then disposed of as follows - I give and bequeath to
my daughter Gracy to be paid out of the residue of the said property
the sum of one hundred & thirty seven dollars.
Fourthly I will and devise to my son Jefferson the following part
and portion of my said farm and plantation after the aforesaid
Estate or term of my said wife shall expire, to wit beginning in
the North East corner of the said farm or plantation thence South
one half of the distance across the same and about three fourths of
the distance to the west end of the said farm - to have and to hold
the same to his heirs and assigns forever.
Fifthly, I will and devise the residue of my said farm or plantation
after taking out of the same the portion devised to my said son Jefferson
and after the expiration of the Estate and term of my said wife as
aforesaid to my eight heirs at law in fee simple upon the follo-
-wing condition, that the said residue of my said farm be by my exec-
-utors, or in case they neglect to do so by my said heirs control
from time to time as they think but, during the life or lives of my
two sons Elijah & Ludlow S. and out of the proceeds of such
rent or the use and benefit of the said land or farm pay
annually to the said Elijah during his natural life
the sum of forty dollars, and in the like manner pay annually
to the said Ludlow S. during his natural life the sum of one
hundred dollars, and after the deaths of my said sons Elijah
& Ludlow, the said last mentioned land or portion of my said land or
farm shall be equally divided between all my children, their
heirs and assigns forever - It is my will and desire to secure
to the said Elijah & Ludlow the provision aforesaid to each on
the account of their crippled and unfortunate situation and in
case the said rent or use of the said land should not give
the said sum of one hundred & forty dollars as provided as
aforesaid, that the deficiency if any should be raised out of my
personal Estate -
Sixthly - I will give & bequeath all the residue of my property
and Estate real or personal (to include the remainder after
the termination of what has been given to my wife as aforesaid)
to all my children to be equally divided between them without re-
-gard to any former gift or devise
And lastly I hereby Constitute and appoint my said wife Mar-
-garet Martin, and my two sons James and Nehemiah 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 &
no other to be my last will and testament - In testimony whereof
I have hereto set my hand this 26th day of May A.D. 1840 -
Signed published and declared by the said } Benjamin Martin
Benjamin Martin as his last Will and testament in our presence - who at
his request have signed the same - in witness thereto - D. J. Fuller }
S. Finch }
[corresponds to page 113 of Will Book 3]
113
property should be then disposed of as follows - I give and bequeath to
my daughter Gracy to be paid out of the residue of the said property
the sum of one hundred & thirty seven dollars.
Fourthly I will and devise to my son Jefferson the following part
and portion of my said farm and plantation after the aforesaid
Estate or term of my said wife shall expire, to wit beginning in
the North East corner of the said farm or plantation thence South
one half of the distance across the same and about three fourths of
the distance to the west end of the said farm - to have and to hold
the same to his heirs and assigns forever.
Fifthly, I will and devise the residue of my said farm or plantation
after taking out of the same the portion devised to my said son Jefferson
and after the expiration of the Estate and term of my said wife as
aforesaid to my eight heirs at law in fee simple upon the follo-
-wing condition, that the said residue of my said farm be by my exec-
-utors, or in case they neglect to do so by my said heirs control
from time to time as they think but, during the life or lives of my
two sons Elijah & Ludlow S. and out of the proceeds of such
rent or the use and benefit of the said land or farm pay
annually to the said Elijah during his natural life
the sum of forty dollars, and in the like manner pay annually
to the said Ludlow S. during his natural life the sum of one
hundred dollars, and after the deaths of my said sons Elijah
& Ludlow, the said last mentioned land or portion of my said land or
farm shall be equally divided between all my children, their
heirs and assigns forever - It is my will and desire to secure
to the said Elijah & Ludlow the provision aforesaid to each on
the account of their crippled and unfortunate situation and in
case the said rent or use of the said land should not give
the said sum of one hundred & forty dollars as provided as
aforesaid, that the deficiency if any should be raised out of my
personal Estate -
Sixthly - I will give & bequeath all the residue of my property
and Estate real or personal (to include the remainder after
the termination of what has been given to my wife as aforesaid)
to all my children to be equally divided between them without re-
-gard to any former gift or devise
And lastly I hereby Constitute and appoint my said wife Mar-
-garet Martin, and my two sons James and Nehemiah 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 &
no other to be my last will and testament - In testimony whereof
I have hereto set my hand this 26th day of May A.D. 1840 -
Signed published and declared by the said } Benjamin Martin
Benjamin Martin as his last Will and testament in our presence - who at
his request have signed the same - in witness thereto - D. J. Fuller }
S. Finch }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 166)
Description
[page 166]
[corresponds to page 114 of Will Book 3]
114
Know all men by their presents I hereby make the
following Alteration in the above will - that is to say the
hundred & thirty seven dollars devised to my daughter
Gracy I hereby revoke she having - she having since ma-
=rried and her portion having been given to her
And my son Ludlow S. Martin I give seventy five
dollars, in lieu of one hundred - In testimony I have
hereunto set my hand this thirteenth day of February A.D.
1847. Benjamin Martin
Signed published and declared
by the said Benj' Martin as an alteration
to the above last will & testament in our presence
who at his request have signed the same and
witness thereto A. L. Griffith
Geo. A. Jackson
In Probate Court
The State of Ohio Delaware County SS. } Nov. 16th 1852
Previously appeared in open Court S. Finch who being
duly sworn deposes & says that the paper before him purpor=
=ting to be the last will and testament of Benjamin Martin
now deceased was by the said Benjamin Martin acknowle=
=dged and declared to be his last will and testament in the
presence of this deponent - that the said deceased was of lawful
age- that he was of sound and disposing mind and mem=
=ory and under no restraint as he verily believes - that
he subscribed the same in the presence and at the
request of the testator - that the other subscribing witness (now
the Probate Judge of this Court) signed the same he has
no doubt in the presence and at the request of the testator
and each signed the same in the presence of the other &
further saith not S. Finch
Sworn to & Subscribed before me the 16th day of Nov. 1852
D. J. Fuller Prob Judge
The State of Ohio Delaware County SS.
Court of Probate Nov 17, 1852 - Personally appeared in
open Court A. L. Griffiths & George A. Jackson who being duly
sworn depose & say that the paper before them purporting to be the
Alteration of the last will & testament of Benjamin Martin now dec-
=eased was by the said Benjamin Martin acknowledged and publis=
=hed and declared to be the alteration of 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
the request of the testator & in the presence of each other.
Sworn to & subscribed before me this 17th day of A. L. Griffiths
Nov. 1852 D. J. Fuller Prob Judge Geo. A. Jackson
[corresponds to page 114 of Will Book 3]
114
Know all men by their presents I hereby make the
following Alteration in the above will - that is to say the
hundred & thirty seven dollars devised to my daughter
Gracy I hereby revoke she having - she having since ma-
=rried and her portion having been given to her
And my son Ludlow S. Martin I give seventy five
dollars, in lieu of one hundred - In testimony I have
hereunto set my hand this thirteenth day of February A.D.
1847. Benjamin Martin
Signed published and declared
by the said Benj' Martin as an alteration
to the above last will & testament in our presence
who at his request have signed the same and
witness thereto A. L. Griffith
Geo. A. Jackson
In Probate Court
The State of Ohio Delaware County SS. } Nov. 16th 1852
Previously appeared in open Court S. Finch who being
duly sworn deposes & says that the paper before him purpor=
=ting to be the last will and testament of Benjamin Martin
now deceased was by the said Benjamin Martin acknowle=
=dged and declared to be his last will and testament in the
presence of this deponent - that the said deceased was of lawful
age- that he was of sound and disposing mind and mem=
=ory and under no restraint as he verily believes - that
he subscribed the same in the presence and at the
request of the testator - that the other subscribing witness (now
the Probate Judge of this Court) signed the same he has
no doubt in the presence and at the request of the testator
and each signed the same in the presence of the other &
further saith not S. Finch
Sworn to & Subscribed before me the 16th day of Nov. 1852
D. J. Fuller Prob Judge
The State of Ohio Delaware County SS.
Court of Probate Nov 17, 1852 - Personally appeared in
open Court A. L. Griffiths & George A. Jackson who being duly
sworn depose & say that the paper before them purporting to be the
Alteration of the last will & testament of Benjamin Martin now dec-
=eased was by the said Benjamin Martin acknowledged and publis=
=hed and declared to be the alteration of 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
the request of the testator & in the presence of each other.
Sworn to & subscribed before me this 17th day of A. L. Griffiths
Nov. 1852 D. J. Fuller Prob Judge Geo. A. Jackson
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 167)
Description
[page 167]
[corresponds to page 115 of Will Book 3]
115
Abel Dixon's Will ~
Proceedings had at the office of the Probate Judge in Delaware
Delaware County Ohio before D. J. Fuller Probate Judge in and
for said County on the 20th day of Nov. A.D. 1852
The last will and testament of Abel Dixon late of Liberty
Township in said County deceased, was this day produced in open
Court & Titus Case & Seth W. Case the subscribing witnesses to said
will appeared and in open Court testified to the due execution of said
will which testimony was reduced to writing and filed with said
will. And it appearing to the Court by said tetimony that said will
was duly attested & executed, and that the said testator at the time
of executing the same was of sound mind & memory, of full age
and not under any restraint, it is ordered by the Court that said
will and testimony be recorded: And there being no executors na-
-med in said will, and certificate of Lydia Dixon widow of said
Abel Dixon being produced to the Court by which it appears that
she declined administering on the Estate of her deceased husband
and requests the appointment of Wm P. Benton. It is therefore
further ordered by this Court that the said Wm. P. Benton be ap-
-pointed Administrator with the will annexed on the Estate
of the said Abel Dixon & that Thomas R. Hall Titus Case
and Mayor Bartholomew appraise the personal property of
said Testator: And it is further ordered that the said Adm'-
give Bonds in the sum of $1000.00 with Aaron Goodrich
and Mayor Bartholomew as sureties conditioned according
to law - Wherefor the said Wm P. Benton appeared in open
Court accepted said appointment and gave bond accor-
=dingly.
In the name of the Benevolent Father of all -
I Abel Dixon of Delaware County & State of Ohio do make
and publish this my last will and testament
Item 1st I give and bequeath to my beloved wife the
entire use and benefit one third of my real Estate, who
the use of the Household furniture during her life - I give
and devise to my wife my sorrel mare & my white cow
Item 2nd - I give to my wife in trust for the use of my family
my whole flock of sheep, two of my best hogs, Sixty bushels of
wheat, one hundred & seventy five bushels of corn
sixty bushels of Potatoes & all of my Hay.
Item 3 - I give and bequeath to my three boys an equal
amount of the residue of my property both real & personal
after paying my just debts funeral expenses - and
my daughter Lucian shall be entitled to three fourths as
much as each of the boys. Furthermore it is my will
that my son Philemon have one hundred dollars
deducted from his share of my property as an equivalent
[corresponds to page 115 of Will Book 3]
115
Abel Dixon's Will ~
Proceedings had at the office of the Probate Judge in Delaware
Delaware County Ohio before D. J. Fuller Probate Judge in and
for said County on the 20th day of Nov. A.D. 1852
The last will and testament of Abel Dixon late of Liberty
Township in said County deceased, was this day produced in open
Court & Titus Case & Seth W. Case the subscribing witnesses to said
will appeared and in open Court testified to the due execution of said
will which testimony was reduced to writing and filed with said
will. And it appearing to the Court by said tetimony that said will
was duly attested & executed, and that the said testator at the time
of executing the same was of sound mind & memory, of full age
and not under any restraint, it is ordered by the Court that said
will and testimony be recorded: And there being no executors na-
-med in said will, and certificate of Lydia Dixon widow of said
Abel Dixon being produced to the Court by which it appears that
she declined administering on the Estate of her deceased husband
and requests the appointment of Wm P. Benton. It is therefore
further ordered by this Court that the said Wm. P. Benton be ap-
-pointed Administrator with the will annexed on the Estate
of the said Abel Dixon & that Thomas R. Hall Titus Case
and Mayor Bartholomew appraise the personal property of
said Testator: And it is further ordered that the said Adm'-
give Bonds in the sum of $1000.00 with Aaron Goodrich
and Mayor Bartholomew as sureties conditioned according
to law - Wherefor the said Wm P. Benton appeared in open
Court accepted said appointment and gave bond accor-
=dingly.
In the name of the Benevolent Father of all -
I Abel Dixon of Delaware County & State of Ohio do make
and publish this my last will and testament
Item 1st I give and bequeath to my beloved wife the
entire use and benefit one third of my real Estate, who
the use of the Household furniture during her life - I give
and devise to my wife my sorrel mare & my white cow
Item 2nd - I give to my wife in trust for the use of my family
my whole flock of sheep, two of my best hogs, Sixty bushels of
wheat, one hundred & seventy five bushels of corn
sixty bushels of Potatoes & all of my Hay.
Item 3 - I give and bequeath to my three boys an equal
amount of the residue of my property both real & personal
after paying my just debts funeral expenses - and
my daughter Lucian shall be entitled to three fourths as
much as each of the boys. Furthermore it is my will
that my son Philemon have one hundred dollars
deducted from his share of my property as an equivalent
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 168)
Description
[page 168]
[corresponds to page 116 of Will Book 3]
116
for one years services had by him during his minority.
In testimony whereof I have hereunto set my hand & seal
this 23rd day of October A.D. 1852.
Signed & acknowledged by said Abel Dixon [Seal]
Abel Dixon in our presence as his last
will & testament & signed by us
in his presence. Titus Case
Seth W. Case
State of Ohio Delaware County SS. } Court of Probate
} Nov 20th 1852
Personally appeared in open Court Titus Case & Seth
W. Case who being duly sworn depose and say that the paper
before them purporting to be the last will and testament of Abel
Dixon now deceased was by the said Abel Dixon 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 Titus Case
Seth W. Case
Sworn to & Subscribed before
me this 20th day of Nov. 1852.
D. J. Fuller
Prob. Judge -
[corresponds to page 116 of Will Book 3]
116
for one years services had by him during his minority.
In testimony whereof I have hereunto set my hand & seal
this 23rd day of October A.D. 1852.
Signed & acknowledged by said Abel Dixon [Seal]
Abel Dixon in our presence as his last
will & testament & signed by us
in his presence. Titus Case
Seth W. Case
State of Ohio Delaware County SS. } Court of Probate
} Nov 20th 1852
Personally appeared in open Court Titus Case & Seth
W. Case who being duly sworn depose and say that the paper
before them purporting to be the last will and testament of Abel
Dixon now deceased was by the said Abel Dixon 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 Titus Case
Seth W. Case
Sworn to & Subscribed before
me this 20th day of Nov. 1852.
D. J. Fuller
Prob. Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 169)
Description
[page 169]
[corresponds to page 117 of Will Book 3]
117
James Ferson's - Will
Proceedings had before D. J. Fuller Probate Jud-
=ge in & for the County of Delaware & State of Ohio
at the Office of said Judge in Delaware on the
25th day of December A.D. 1852
The last of Will & testament of James Fer-
=son late of Orange Township in said County dec'
was this day produced in Court and Derwin E. Hyde
and James Anderson the subscribing witnesses to said
will appeared & in open Court on oath testified to the
due execution of said will which testimony was red=
=uced to writing and by them respectively subscribed
and filed with said will - And it appearing to the Court
by said testimony that said will was duly attested &
executed: and that the said testator at the time of exec-
=uting the same was of sound mind and memory -
of full age and not under any restraint. It is ordered
by the Court that said will and testimony be recorded -
Wherefor Samuel Ferson the Executor in said will
named appeared in Court & signified his acceptance
of the time of executing said Will. It is therefor fur-
=ther ordered that letters testamentary be issued to
him upon him giving bonds in the sum of $1000.
with James Eaton & Henry Lamb as Sureties cond-
=ition according to law - The Court appoints Harry
Janes, W. H. Hyde and Nathan Nettleton appraisers
of the personal property of Said Testator -
In the name of God
I James Ferson Senr. of Orange Tp Delaware
County Ohio, do make and ordain this my last will and
Testament. Item 1st My farm I bequeath to my
brothers Samuel Ferson & John Ferson. The farm to be div=
=ided into two parts the divisional line running from
the center of Alum Creek Eastward to the eastern boundary
of the farm and the width of Samuel's part to be two
thirds of the width of the James measuring across the
farm from North to South and Samuel to have his two
thirds on the North side of the farm.
Item 2nd. To my brother John Ferson I
bequeath the balance of my farm being the one third on
the south side and Thirty six dollars ($36) to be paid to
him in one month after my decease.
Item 3rd. To my niece Jane Ferson I
bequeath fifteen dollars ($15) to be paid at my decease and
I bequeath my claims against the estate of my deceased
brother Paul Ferson of Two hundred and thirty eight dollars
[corresponds to page 117 of Will Book 3]
117
James Ferson's - Will
Proceedings had before D. J. Fuller Probate Jud-
=ge in & for the County of Delaware & State of Ohio
at the Office of said Judge in Delaware on the
25th day of December A.D. 1852
The last of Will & testament of James Fer-
=son late of Orange Township in said County dec'
was this day produced in Court and Derwin E. Hyde
and James Anderson the subscribing witnesses to said
will appeared & in open Court on oath testified to the
due execution of said will which testimony was red=
=uced to writing and by them respectively subscribed
and filed with said will - And it appearing to the Court
by said testimony that said will was duly attested &
executed: and that the said testator at the time of exec-
=uting the same was of sound mind and memory -
of full age and not under any restraint. It is ordered
by the Court that said will and testimony be recorded -
Wherefor Samuel Ferson the Executor in said will
named appeared in Court & signified his acceptance
of the time of executing said Will. It is therefor fur-
=ther ordered that letters testamentary be issued to
him upon him giving bonds in the sum of $1000.
with James Eaton & Henry Lamb as Sureties cond-
=ition according to law - The Court appoints Harry
Janes, W. H. Hyde and Nathan Nettleton appraisers
of the personal property of Said Testator -
In the name of God
I James Ferson Senr. of Orange Tp Delaware
County Ohio, do make and ordain this my last will and
Testament. Item 1st My farm I bequeath to my
brothers Samuel Ferson & John Ferson. The farm to be div=
=ided into two parts the divisional line running from
the center of Alum Creek Eastward to the eastern boundary
of the farm and the width of Samuel's part to be two
thirds of the width of the James measuring across the
farm from North to South and Samuel to have his two
thirds on the North side of the farm.
Item 2nd. To my brother John Ferson I
bequeath the balance of my farm being the one third on
the south side and Thirty six dollars ($36) to be paid to
him in one month after my decease.
Item 3rd. To my niece Jane Ferson I
bequeath fifteen dollars ($15) to be paid at my decease and
I bequeath my claims against the estate of my deceased
brother Paul Ferson of Two hundred and thirty eight dollars
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 170)
Description
[page 170]
[corresponds to page 118 of Will Book 3]
118
($238) and the interest thereon to be equally divided
between his four children Jane, Paul, Howard & Bradford
the above Two hundred & thirty eight dollars ($238) being
for cash but my deceased brother Paul at different times.
Item 4th I hold a note against J. Ridgeway & Co.
for One thousand dollars ($1000) of this sum I bequeath
two hundred dollars ($200) to my brother Wm Ferson
to be paid six months after my decease.
To my brother Daniel Ferson Two hundred dollars
($200) to be paid six months after my decease and fifty
dollars ($50) to my sister in law, Phebe Ferson.
The balance of the note four hundred & ninety nine
dollars ($499) I bequeath to my brother Samuel Ferson
to be paid at my decease.
Item 5. I further bequeath to my brother Samuel
Ferson all my other property not herein otherwise dep-
=osed of: including all notes balances of notes interest etc
Item 6th - I do hereby constitute and appoint my brother
Samuel Ferson Executor of this my last will and
testament.
In testimony whereof I have hereunto set
my hand & seal at Orange Delaware County Ohio this
21st day of August 1852.
James Ferson Senr [Seal]
Signed and Sealed by James Ferson
Sen' the testator herein named as
his last will & testament in presence
of him & us who have subscribed
our names as Witnesses
Witnesses - Derwin E. Hyde }
James Anderson }
The State of Ohio Delaware County SS }
Court of Prob. Dec. 25th 1852 }
Personally appeared in open Court Derwin E. Hyde and
James Anderson who being duly Sworn - depose and say that
the paper before them purporting to be the last will and testament
of James Ferson now deceased, was by the said James Ferson
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 pre=
=sence and at the request of the Testator and in the presence
of each other - Derwin E. Hyde
Sworn to & Subscribed in James Anderson
open Court this 25th day of Dec. 1852 D. J. Fuller
Prob. Judge
[corresponds to page 118 of Will Book 3]
118
($238) and the interest thereon to be equally divided
between his four children Jane, Paul, Howard & Bradford
the above Two hundred & thirty eight dollars ($238) being
for cash but my deceased brother Paul at different times.
Item 4th I hold a note against J. Ridgeway & Co.
for One thousand dollars ($1000) of this sum I bequeath
two hundred dollars ($200) to my brother Wm Ferson
to be paid six months after my decease.
To my brother Daniel Ferson Two hundred dollars
($200) to be paid six months after my decease and fifty
dollars ($50) to my sister in law, Phebe Ferson.
The balance of the note four hundred & ninety nine
dollars ($499) I bequeath to my brother Samuel Ferson
to be paid at my decease.
Item 5. I further bequeath to my brother Samuel
Ferson all my other property not herein otherwise dep-
=osed of: including all notes balances of notes interest etc
Item 6th - I do hereby constitute and appoint my brother
Samuel Ferson Executor of this my last will and
testament.
In testimony whereof I have hereunto set
my hand & seal at Orange Delaware County Ohio this
21st day of August 1852.
James Ferson Senr [Seal]
Signed and Sealed by James Ferson
Sen' the testator herein named as
his last will & testament in presence
of him & us who have subscribed
our names as Witnesses
Witnesses - Derwin E. Hyde }
James Anderson }
The State of Ohio Delaware County SS }
Court of Prob. Dec. 25th 1852 }
Personally appeared in open Court Derwin E. Hyde and
James Anderson who being duly Sworn - depose and say that
the paper before them purporting to be the last will and testament
of James Ferson now deceased, was by the said James Ferson
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 pre=
=sence and at the request of the Testator and in the presence
of each other - Derwin E. Hyde
Sworn to & Subscribed in James Anderson
open Court this 25th day of Dec. 1852 D. J. Fuller
Prob. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 171)
Description
[page 171]
[corresponds to page 119 of Will Book 3]
119
Will of Eliakim Cornell
Proceedings had before D. J. Fuller Probate Judge in and
for the County of Delaware and State of Ohio on the 16th day
of January A.D. 1853
This day the last will and testament
of Eliakim Cornell late of Genoa Tp in said County dec'
was produced in open Court by Hurlburt Scoville & Stephen
Carey the executors in the will named and John Roberts one of the subscribing
witnesses to said will being infirm and unable to attend Court
a commission to take the testimony of said witness was issued
to Hulbert Scoville; which testimony was also produced in Court
and filed with said will, And it appearing to the satisfaction
of the Court as well by the definition of said John Roberts, as by the
testimony of Philip Kirk, another suscribing witness to said
will, taken in open Court and reduced to writing and signed
by the said Philip Kirk, and also filed with the said will
that the said will was duly attested & executed, and that the
said testator at the time of executing the same was of full age
and of sound mind and memory and not under any restra-
=int, it is ordered by the Court that said will & testimony be
recorded - Whereupon Hurlburt Scoville and Stephen Carey
the executors in said will named, appeared in Court
and signified their acceptance of the trust of executing said
will; it is therefor further ordered that letters testamentary
be issued to them on their giving bonds in the sum of
Six Thousand dollars with H. Slack and C. G. Scoville as
sureties condition according to law. The Court appoints
A. J. Smith, to appraise the
personal property of said Testator -
In the name of God Amen & Amen. I Eliakim Cornell
of Genoa Township Delaware County Ohio knowing the shortness
of life and certainty of death I make this my last will and
testament. After my last sickness and funeral char-
=ges and all just debts are paid in manner that is to say First
I give to my beloved daughter in law, Timothy B. Cornell's
widow, an equal kinship with my Grand children, the
legal children of Timothy B. Cornell and Pamela Cornell
Second It is my will that my lawful heirs as above have the
Farm on which I now live upon in Genoa Delaware County
Ohio. Berthed and bounded as follows (Viz) Beginning at
the South west corner of B. Weeks land thence East 196
rods to the middle of Walnut Creek - thence southernly down
said creek to the North East Corner of land owned by Matthew
Roberts - thence west 200 rods - thence North on the section
line 40 1/2 rods to the place of Beginning. Also one other lot
bounded as follows Beginning at the south west Corner of
[corresponds to page 119 of Will Book 3]
119
Will of Eliakim Cornell
Proceedings had before D. J. Fuller Probate Judge in and
for the County of Delaware and State of Ohio on the 16th day
of January A.D. 1853
This day the last will and testament
of Eliakim Cornell late of Genoa Tp in said County dec'
was produced in open Court by Hurlburt Scoville & Stephen
Carey the executors in the will named and John Roberts one of the subscribing
witnesses to said will being infirm and unable to attend Court
a commission to take the testimony of said witness was issued
to Hulbert Scoville; which testimony was also produced in Court
and filed with said will, And it appearing to the satisfaction
of the Court as well by the definition of said John Roberts, as by the
testimony of Philip Kirk, another suscribing witness to said
will, taken in open Court and reduced to writing and signed
by the said Philip Kirk, and also filed with the said will
that the said will was duly attested & executed, and that the
said testator at the time of executing the same was of full age
and of sound mind and memory and not under any restra-
=int, it is ordered by the Court that said will & testimony be
recorded - Whereupon Hurlburt Scoville and Stephen Carey
the executors in said will named, appeared in Court
and signified their acceptance of the trust of executing said
will; it is therefor further ordered that letters testamentary
be issued to them on their giving bonds in the sum of
Six Thousand dollars with H. Slack and C. G. Scoville as
sureties condition according to law. The Court appoints
A. J. Smith, to appraise the
personal property of said Testator -
In the name of God Amen & Amen. I Eliakim Cornell
of Genoa Township Delaware County Ohio knowing the shortness
of life and certainty of death I make this my last will and
testament. After my last sickness and funeral char-
=ges and all just debts are paid in manner that is to say First
I give to my beloved daughter in law, Timothy B. Cornell's
widow, an equal kinship with my Grand children, the
legal children of Timothy B. Cornell and Pamela Cornell
Second It is my will that my lawful heirs as above have the
Farm on which I now live upon in Genoa Delaware County
Ohio. Berthed and bounded as follows (Viz) Beginning at
the South west corner of B. Weeks land thence East 196
rods to the middle of Walnut Creek - thence southernly down
said creek to the North East Corner of land owned by Matthew
Roberts - thence west 200 rods - thence North on the section
line 40 1/2 rods to the place of Beginning. Also one other lot
bounded as follows Beginning at the south west Corner of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 172)
Description
[page 172]
[corresponds to page 120 of Will Book 3]
120
D. Roberts land thence south on the section line 48 rods and
seven tenths links to a stake, thence east 207 rods to the center of
said Walnut Creek, thence Northly up said creek to the south
line of T. Roberts south line - thence west 200 rods to the place
of Beginning. Third my will is that all the live stock horses
Neat cattle sheep Hogs & by me now owned or at my death &
kept thereon - Also all the household furniture and other items
not particularly mentioned and otherwise disposed of in this
will, my executors first disposing of a sufficient thereof to pay my
just debts and last sickness and funeral charges as aforesaid
Fourth I give and devise the use of the farms past or rent, or as
much of the same as will raise and school the four minor
heirs until they become of lawful age reserving a sufficient
of said rent to pay the taxes on the farm, and for no other purpose
whatsoever and as those heirs arriving at lawful age my legal
heirs to enjoy the right of all not expended
Fifth my Will is that my executors sell and dispose of my
said farm when the youngest heirs become of lawful age to
the best possible advantage and divide it amongst my heirs
equal, and further that they clothed with authority to make
a good & sufficient warrantee owed as I could were I living at
the time of the sale. And lastly I hereby constitute and
appoint my trusty friends Hurlburt Scoville & Stephen
Carey to be my Executors of this my last will and
testament. Revoking all other wills by me made
In testimony whereof I have hereunto set my hand
and seal this 5th day of Nov. 1857
his
Signed published & declared Eliahim X Cornell [Seal]
by the above Eliahim Cornell mark
as & for his last will and
testament in presence of we
who at his request have signed
as witneses to the same
John Roberts
Philip Kirk
The State of Ohio Delaware County SS
Personally appeared before me Hurlburt Scoville
Commissioner appointed by the Court of Probate to take
the Deposition of John Roberts and solemnly sworn the
answers to make to the following questions
1st Was the paper hereunto attached and purporting to
be the last will and testament of Eliahim Cornell ac-
-knowledged published and declared by him in the presence
of said John Roberts, to be his last will and testament:
Answer - It Was -
[corresponds to page 120 of Will Book 3]
120
D. Roberts land thence south on the section line 48 rods and
seven tenths links to a stake, thence east 207 rods to the center of
said Walnut Creek, thence Northly up said creek to the south
line of T. Roberts south line - thence west 200 rods to the place
of Beginning. Third my will is that all the live stock horses
Neat cattle sheep Hogs & by me now owned or at my death &
kept thereon - Also all the household furniture and other items
not particularly mentioned and otherwise disposed of in this
will, my executors first disposing of a sufficient thereof to pay my
just debts and last sickness and funeral charges as aforesaid
Fourth I give and devise the use of the farms past or rent, or as
much of the same as will raise and school the four minor
heirs until they become of lawful age reserving a sufficient
of said rent to pay the taxes on the farm, and for no other purpose
whatsoever and as those heirs arriving at lawful age my legal
heirs to enjoy the right of all not expended
Fifth my Will is that my executors sell and dispose of my
said farm when the youngest heirs become of lawful age to
the best possible advantage and divide it amongst my heirs
equal, and further that they clothed with authority to make
a good & sufficient warrantee owed as I could were I living at
the time of the sale. And lastly I hereby constitute and
appoint my trusty friends Hurlburt Scoville & Stephen
Carey to be my Executors of this my last will and
testament. Revoking all other wills by me made
In testimony whereof I have hereunto set my hand
and seal this 5th day of Nov. 1857
his
Signed published & declared Eliahim X Cornell [Seal]
by the above Eliahim Cornell mark
as & for his last will and
testament in presence of we
who at his request have signed
as witneses to the same
John Roberts
Philip Kirk
The State of Ohio Delaware County SS
Personally appeared before me Hurlburt Scoville
Commissioner appointed by the Court of Probate to take
the Deposition of John Roberts and solemnly sworn the
answers to make to the following questions
1st Was the paper hereunto attached and purporting to
be the last will and testament of Eliahim Cornell ac-
-knowledged published and declared by him in the presence
of said John Roberts, to be his last will and testament:
Answer - It Was -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 173)
Description
[page 173]
[corresponds to page 121 of Will Book 3]
121
2nd Was the Testator of lawful age, of sound and deposing
mind and memory and under no restraint at the time
of executing said will - Answer. He was of lawful age
of sound mind and memory and under no res-
=traint at the time of executing said will:
3 Did he the said John Roberts sign said Will as a
Witness in the presence and at the request of the said
Testator and in the presence of the other witness?
Answer He did -
Sworn & subscribed before me this 11th day of January
A.D. 1853 John Roberts
H. Scovill Commission etc
The State of Ohio Delaware County SS:
Probate Court Delaware Jany' 10, 1853 -
Personally appeared in open Court Philip Kirk who
being duly sworn deposed and says that the paper before
him purporting to be the last will and testament of Eliakim
Cornell now deceased was by the said Eliakim Cornell
acknowledged published and declared to be his last will
and testament in the presence of the deponent, that
the said deceased was of lawful age, that he was of
sound and disposing mind and memory and
under no restraint as he verily believed that he subscribed
the same in his presence and at the request of the Testa=
=tor and in the presence of the other witness
Philip Kirk
Sworn to & subscribed in open Court this 10th day
of Jany' A.D. 1853 D. J. Fuller Jud -
[corresponds to page 121 of Will Book 3]
121
2nd Was the Testator of lawful age, of sound and deposing
mind and memory and under no restraint at the time
of executing said will - Answer. He was of lawful age
of sound mind and memory and under no res-
=traint at the time of executing said will:
3 Did he the said John Roberts sign said Will as a
Witness in the presence and at the request of the said
Testator and in the presence of the other witness?
Answer He did -
Sworn & subscribed before me this 11th day of January
A.D. 1853 John Roberts
H. Scovill Commission etc
The State of Ohio Delaware County SS:
Probate Court Delaware Jany' 10, 1853 -
Personally appeared in open Court Philip Kirk who
being duly sworn deposed and says that the paper before
him purporting to be the last will and testament of Eliakim
Cornell now deceased was by the said Eliakim Cornell
acknowledged published and declared to be his last will
and testament in the presence of the deponent, that
the said deceased was of lawful age, that he was of
sound and disposing mind and memory and
under no restraint as he verily believed that he subscribed
the same in his presence and at the request of the Testa=
=tor and in the presence of the other witness
Philip Kirk
Sworn to & subscribed in open Court this 10th day
of Jany' A.D. 1853 D. J. Fuller Jud -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 174)
Description
[page 174]
[corresponds to page 122 of Will Book 3]
122
Will of John Freese -
Proceedings had before D. J. Fuller Probate Judge in
and for the County of Delaware & State of Ohio on the
17th day of January A.D. 1853.
The last will & testament of John Freese late of Con-
-cord Township in said County deceased, was this day
produced in Court by Buckley H. Willis the executor in
said will named, and Walter T. Watson and John Oller
the subscribing witnesses to said will appeared and in open
Court as on oath, testified to the due execution of said will
which testimony was reduced to writing and by them resp-
=ectively subscribed and filed with said will; and it app-
=earing to the Court by said testimony that said will was
duly attested and executed, and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, it is ordained by
the Court that said will and testimony be recorded.
Whereupon the said Buckley H. Willis the Executor in said
will named signified his acceptance of the tenet of executing
said will, it is therefore further ordered, that letters testam-
=entary be issued to him on his giving bonds in the sum of
$2000.00 with W. J. Watson and John Oller as sureties con-
-ditioned according to law = The Court appoints W. T. Wa-
-tson, John Oller and Joseph Hughes appraisers of the
personal property of said Testator
In the of God Amen - I John Freese of the County of
Delaware and State of Ohio do make and publish this my
last will and testament. 1st I give and bequeath to my
beloved wife Dinah Freese all the stock household goods
furniture provisions and other goods and chattels which
may be on my farm at the time of my decease to her
own use and behoof forever, she however selling so much
thereof as may be sufficient to pay my just debts -
2nd The disposition of my real estate to be as follows I give
and devise to my wife Dinah the use and control of
the farm on which I now live, consisting of fifty
Acres in the County aforesaid as long as she remains
my widow, at the death or marriage of my said Wid-
-ow, then the said real estate shall be divided between
my sons Jacob, Abraham Isaac and John and my
daughters Catharine Anna and Mary or their heirs,
and I further give and bequeath to my son Henry
Freese the sum of one dollar to be paid out of my
personal property - And I do nominate & appoint
Buckley H. Willis Executor of this my last will
[corresponds to page 122 of Will Book 3]
122
Will of John Freese -
Proceedings had before D. J. Fuller Probate Judge in
and for the County of Delaware & State of Ohio on the
17th day of January A.D. 1853.
The last will & testament of John Freese late of Con-
-cord Township in said County deceased, was this day
produced in Court by Buckley H. Willis the executor in
said will named, and Walter T. Watson and John Oller
the subscribing witnesses to said will appeared and in open
Court as on oath, testified to the due execution of said will
which testimony was reduced to writing and by them resp-
=ectively subscribed and filed with said will; and it app-
=earing to the Court by said testimony that said will was
duly attested and executed, and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, it is ordained by
the Court that said will and testimony be recorded.
Whereupon the said Buckley H. Willis the Executor in said
will named signified his acceptance of the tenet of executing
said will, it is therefore further ordered, that letters testam-
=entary be issued to him on his giving bonds in the sum of
$2000.00 with W. J. Watson and John Oller as sureties con-
-ditioned according to law = The Court appoints W. T. Wa-
-tson, John Oller and Joseph Hughes appraisers of the
personal property of said Testator
In the of God Amen - I John Freese of the County of
Delaware and State of Ohio do make and publish this my
last will and testament. 1st I give and bequeath to my
beloved wife Dinah Freese all the stock household goods
furniture provisions and other goods and chattels which
may be on my farm at the time of my decease to her
own use and behoof forever, she however selling so much
thereof as may be sufficient to pay my just debts -
2nd The disposition of my real estate to be as follows I give
and devise to my wife Dinah the use and control of
the farm on which I now live, consisting of fifty
Acres in the County aforesaid as long as she remains
my widow, at the death or marriage of my said Wid-
-ow, then the said real estate shall be divided between
my sons Jacob, Abraham Isaac and John and my
daughters Catharine Anna and Mary or their heirs,
and I further give and bequeath to my son Henry
Freese the sum of one dollar to be paid out of my
personal property - And I do nominate & appoint
Buckley H. Willis Executor of this my last will
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 175)
Description
[page 175]
[corresponds to page 123 of Will Book 3]
123
and testament and hereby authorize and impower him
to discharge debts due me as he may deem proper. I do also
authorize and impower him, if it shall become necessary in
order to pay my debts, to sell by private sale, or in such man-
-ner upon such terms of credit or otherwise as he may think
proper all or any part of my real estate and deeds to purch-
-asers to execute acknowledge and deliver in fee simple - I
do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand & seal
this Twenty fourth day of December One thousand eight Hun-
=dred and fifty two.
Signed and acknowledged John Freese [Seal]
by said John Freese as his last
will and testament in our presence
and signed by us in his presence
W. T. Watson
John Oller
The State of Ohio Delaware County SS.
Personally appeared in open Court W. T. Watson and John Oller
who being duly sworn depose and say that the paper before them
purporting to be the last will and testament of John Freese now
deceased was by the said John Freese acknowledged publi-
=shed 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 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 W. T. Watson
John Oller
Sworn to & subscribed before me in open Court this
17th day of Jany' 1853 D. J. Fuller
Probate Judge
[corresponds to page 123 of Will Book 3]
123
and testament and hereby authorize and impower him
to discharge debts due me as he may deem proper. I do also
authorize and impower him, if it shall become necessary in
order to pay my debts, to sell by private sale, or in such man-
-ner upon such terms of credit or otherwise as he may think
proper all or any part of my real estate and deeds to purch-
-asers to execute acknowledge and deliver in fee simple - I
do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand & seal
this Twenty fourth day of December One thousand eight Hun-
=dred and fifty two.
Signed and acknowledged John Freese [Seal]
by said John Freese as his last
will and testament in our presence
and signed by us in his presence
W. T. Watson
John Oller
The State of Ohio Delaware County SS.
Personally appeared in open Court W. T. Watson and John Oller
who being duly sworn depose and say that the paper before them
purporting to be the last will and testament of John Freese now
deceased was by the said John Freese acknowledged publi-
=shed 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 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 W. T. Watson
John Oller
Sworn to & subscribed before me in open Court this
17th day of Jany' 1853 D. J. Fuller
Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 176)
Description
[page 176]
[corresponds to page 124 of Will Book 3]
124
Will of Wm. Johson dec'
Proceedings had before D. J. Fuller Probate Judge of
and for the County of Delaware and State of Ohio on
the 28th day of February A.D. 1853.
The last will and testament of Wm. Johnson dec' was
this day produced in open Court by T. N. Powell Attorney
for executors in will named, and George N. Hall & James M.
Cherry the subscribing witnesses to said will, appeared and
in open Court upon oath, testified to the due execution of said
will, which testimony was reduced to writing and by them
respectively signed and filled with said will, and it appearing
to the Court by said testimony that said will was duly attested
and executed, and that the said Testator at the time of exec-
=uting the same was of full age, and of sound mind and
memory, and not under any restraint, it is ordered by the
Court that said will and testimony be recorded.
I William Johnson of Delaware, do make and publish
this my last will and testament as follows, to wit:
1st I give and devise to my beloved wife Rebbecca Johnson
in lieu of dower the House and lot on William street which
I have recently purchased of David Morline to have and to
hold the same as her absolute property in fee. I also give
and bequeath unto her my said wife the sum of two hun-
-dred dollars, together with all the household furniture I
now possess.
2nd. It is my will and desire that my son Darwin Johnson
receive a liberal education at the expense of my estate as
far as he may be capable and will to receive such in
education and for that purpose that my executors pay
out of my estate what may be sufficient and that my
son Darwin have at least as good an opportunity for his
education as was given to my son Calvin, and that the
expense thereof be paid out of my estate before my divi-
-sion thereof be made.
3rd. What I have advanced to my son Milton I intend
he shall hold as his own in order to make him equal to
what I have done for my other children.
4th After my just debts are paid and the above provisions
of my will are realized, it is my will that all the residue of my
property be equally divided amongst my four children, to wit Sarah
Calvin, Milton and Darwin, share and share alike to each of
them.
5th I make and constitute my said wife Rebecca and my
son Calvin executors of this my last will, and desiring that
my wife should not be required to give any bail as execu
trix. And I also give full power and authority to my exec
utor or such of them as may act full power. And
[corresponds to page 124 of Will Book 3]
124
Will of Wm. Johson dec'
Proceedings had before D. J. Fuller Probate Judge of
and for the County of Delaware and State of Ohio on
the 28th day of February A.D. 1853.
The last will and testament of Wm. Johnson dec' was
this day produced in open Court by T. N. Powell Attorney
for executors in will named, and George N. Hall & James M.
Cherry the subscribing witnesses to said will, appeared and
in open Court upon oath, testified to the due execution of said
will, which testimony was reduced to writing and by them
respectively signed and filled with said will, and it appearing
to the Court by said testimony that said will was duly attested
and executed, and that the said Testator at the time of exec-
=uting the same was of full age, and of sound mind and
memory, and not under any restraint, it is ordered by the
Court that said will and testimony be recorded.
I William Johnson of Delaware, do make and publish
this my last will and testament as follows, to wit:
1st I give and devise to my beloved wife Rebbecca Johnson
in lieu of dower the House and lot on William street which
I have recently purchased of David Morline to have and to
hold the same as her absolute property in fee. I also give
and bequeath unto her my said wife the sum of two hun-
-dred dollars, together with all the household furniture I
now possess.
2nd. It is my will and desire that my son Darwin Johnson
receive a liberal education at the expense of my estate as
far as he may be capable and will to receive such in
education and for that purpose that my executors pay
out of my estate what may be sufficient and that my
son Darwin have at least as good an opportunity for his
education as was given to my son Calvin, and that the
expense thereof be paid out of my estate before my divi-
-sion thereof be made.
3rd. What I have advanced to my son Milton I intend
he shall hold as his own in order to make him equal to
what I have done for my other children.
4th After my just debts are paid and the above provisions
of my will are realized, it is my will that all the residue of my
property be equally divided amongst my four children, to wit Sarah
Calvin, Milton and Darwin, share and share alike to each of
them.
5th I make and constitute my said wife Rebecca and my
son Calvin executors of this my last will, and desiring that
my wife should not be required to give any bail as execu
trix. And I also give full power and authority to my exec
utor or such of them as may act full power. And
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 177)
Description
[page 177]
[corresponds to page 125 of Will Book 3]
125
authority to sell and convey all and any property that I
may have in fee simple or otherwise.
6th It is my will also that in case my son Darwin does
not choose to take a liberal education and put my estate
to that expense then it is my will that a full allowance
therefor be paid to him in lieu thereof before any division be
made of my property.
7th In case I have any real property or estate in Ohio or
elsewhere undisposed of it is my will that my executors or such
of them as may act should sell and convey the same for the
purpose of settling the estate or making a division thereof,
in accordance with this will.
Signed and published this 8th day of January A.D. 1853
Done in the presence of the undersigned ] William Johnson
who in the presence of the testator and at his ]
request and in the presence of each other have ]
signed these presents as witnesses ]
George N. Hall ]
James M. Cherry. ]
The State of Ohio, Delaware County SS.
In the Court of Probate for the said County.
George N. Hall and James M. Cherry being duly sworn in open
Court upon their respective oaths depose and say that the paper
now here produced, purporting to be last will & testament of
William Johnson bearing date 8th day of January A.D. 1853,
was duly subscribed by the said William Johnson on the day
of the date thereof at his residence in the town of Delaware
in the presence and seeing of these witnesses, and was then
and there in their presence and hearing duly published and
declared by the said Johnson as his last will and testament
and these witnesses then and there, at the request of the said
Johnson in his presence and in the presence of each other
signed their names thereto as witnesses.
That the said Johnson was then and there of sound mind
and memory, of about the age of fifty years and acting
under no restraint. James M. Cherry
Geo. N. Hall
Sworn in open Court and subscribed this 28th day of
March A.D. 1853. D. J. Fuller P. Judge -
[corresponds to page 125 of Will Book 3]
125
authority to sell and convey all and any property that I
may have in fee simple or otherwise.
6th It is my will also that in case my son Darwin does
not choose to take a liberal education and put my estate
to that expense then it is my will that a full allowance
therefor be paid to him in lieu thereof before any division be
made of my property.
7th In case I have any real property or estate in Ohio or
elsewhere undisposed of it is my will that my executors or such
of them as may act should sell and convey the same for the
purpose of settling the estate or making a division thereof,
in accordance with this will.
Signed and published this 8th day of January A.D. 1853
Done in the presence of the undersigned ] William Johnson
who in the presence of the testator and at his ]
request and in the presence of each other have ]
signed these presents as witnesses ]
George N. Hall ]
James M. Cherry. ]
The State of Ohio, Delaware County SS.
In the Court of Probate for the said County.
George N. Hall and James M. Cherry being duly sworn in open
Court upon their respective oaths depose and say that the paper
now here produced, purporting to be last will & testament of
William Johnson bearing date 8th day of January A.D. 1853,
was duly subscribed by the said William Johnson on the day
of the date thereof at his residence in the town of Delaware
in the presence and seeing of these witnesses, and was then
and there in their presence and hearing duly published and
declared by the said Johnson as his last will and testament
and these witnesses then and there, at the request of the said
Johnson in his presence and in the presence of each other
signed their names thereto as witnesses.
That the said Johnson was then and there of sound mind
and memory, of about the age of fifty years and acting
under no restraint. James M. Cherry
Geo. N. Hall
Sworn in open Court and subscribed this 28th day of
March A.D. 1853. D. J. Fuller P. Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 178)
Description
[page 178]
[corresponds to page 126 of Will Book 3]
126
Will of Nathaniel Wells. Dec'
Proceedings had before D. J. Fuller Probate Judge in and
for said County of Delaware and State of Ohio, on the 4th day
of March A.D. 1853.
The last will and testament of Nathaniel Wells was this
day produced in open Court by John Roberts executor in
said will named. And C. Closson and William S. Steel the
subscribing witnesses to said will appeared, and in open Court
upon oath testified to the due execution of said will, which
testimony was reduced to writing and by them respectively signed
and filed with said will, and it appearing to the Court by
said testimony that said will was duly attested and executed
and that the said testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint, it is ordered by the Court that said
will and testimony be recorded.
Whereupon the said John Roberts executor in said will named
signified his acceptance of the tenet of executing said will.
It is therefore further ordered that letters testamentary be issued
to him on his giving bonds in the sum of $600.00 with H.
Closson & Wm. S. Steel - as sureties conditioned according to law
The Court appoints C. Closson, Wm. S. Steel and Charles Freeman
appraisers of the personal property of said Testator.
In the name of the Benevolent father of all I Nathaniel
Wells of the County of Delaware and State of Ohio do make
and publish this my last will and testament. 1st I give
and devise to my beloved wife Martha Ann Wells all of
my estate, the farm on which we now reside to her and
her heirs forever, situate in the Township of Genoa and
County of Delaware bounded and described as follows,
beginning at the north east corner of James Bennet land on
the north line of Jacob Meeks land, thence north one hundred
nine and a half rods to the corner of Bennett's land, thence
West fifty eight and a half rods to a stake and stone thence south
one hundred nine and a half rods to the north line of
J. Bennett's land aforesaid thence east fifty eight and a half
rods to the place of beginning, Containing Forty acres of
land the same more or less, thus 2nd. And all of my
personal property the stock, household goods, furniture, aforesaid
and all other goods and chattels, which may be thereon at the
time of my decease, to her and to her heirs forever, as aforesaid
she however selling so much thereof as may be sufficient to
pay my just debts.
3rd I do hereby nominate and appoint John Roberts
executor of this my last will and testament - hereby
authorizing him to adjust and discharge in such
[corresponds to page 126 of Will Book 3]
126
Will of Nathaniel Wells. Dec'
Proceedings had before D. J. Fuller Probate Judge in and
for said County of Delaware and State of Ohio, on the 4th day
of March A.D. 1853.
The last will and testament of Nathaniel Wells was this
day produced in open Court by John Roberts executor in
said will named. And C. Closson and William S. Steel the
subscribing witnesses to said will appeared, and in open Court
upon oath testified to the due execution of said will, which
testimony was reduced to writing and by them respectively signed
and filed with said will, and it appearing to the Court by
said testimony that said will was duly attested and executed
and that the said testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint, it is ordered by the Court that said
will and testimony be recorded.
Whereupon the said John Roberts executor in said will named
signified his acceptance of the tenet of executing said will.
It is therefore further ordered that letters testamentary be issued
to him on his giving bonds in the sum of $600.00 with H.
Closson & Wm. S. Steel - as sureties conditioned according to law
The Court appoints C. Closson, Wm. S. Steel and Charles Freeman
appraisers of the personal property of said Testator.
In the name of the Benevolent father of all I Nathaniel
Wells of the County of Delaware and State of Ohio do make
and publish this my last will and testament. 1st I give
and devise to my beloved wife Martha Ann Wells all of
my estate, the farm on which we now reside to her and
her heirs forever, situate in the Township of Genoa and
County of Delaware bounded and described as follows,
beginning at the north east corner of James Bennet land on
the north line of Jacob Meeks land, thence north one hundred
nine and a half rods to the corner of Bennett's land, thence
West fifty eight and a half rods to a stake and stone thence south
one hundred nine and a half rods to the north line of
J. Bennett's land aforesaid thence east fifty eight and a half
rods to the place of beginning, Containing Forty acres of
land the same more or less, thus 2nd. And all of my
personal property the stock, household goods, furniture, aforesaid
and all other goods and chattels, which may be thereon at the
time of my decease, to her and to her heirs forever, as aforesaid
she however selling so much thereof as may be sufficient to
pay my just debts.
3rd I do hereby nominate and appoint John Roberts
executor of this my last will and testament - hereby
authorizing him to adjust and discharge in such
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 179)
Description
[page 179]
[corresponds to page 127 of Will Book 3]
127
manner has he may deem proper the debts and claims
due me.
In testimony whereof I have hereunto set my hand and
seal this 29th day of January in the year A. D. 1853.
signed and subscribed by said ] N. Wells [Seal]
Nathaniel Wells as his last will and ]
testament in our presence and signed by]
us in his presence ]
C. Closson ]
Wm. S. Steel ]
State of Ohio Delaware County SS.
Court of Probate March 4th, 1853.
Personally appeared Wm. Closson and Wm S. Steel in open court and
being duly sworn, depose and say that the paper before them purp=
-orting to be the last will and testament of N. Wells dec' was
by the said Wells acknowledged to be his last will and testament
in their presence, that he executed the same in their presence
that at the time of executing the same, he was of sound and
disposing mind, and memory and not acting under any res-
-traint as they verily believe, that they signed the same in his
presence and in the presence of each other, at the said testator's
request, and that said testator was about 35 or 40 years of age
C. Closson
Wm. S. Steel
Sworn to and subscribed in open
Court this 4th day of March A.D. 1853.
D. J. Fuller P Judge
[corresponds to page 127 of Will Book 3]
127
manner has he may deem proper the debts and claims
due me.
In testimony whereof I have hereunto set my hand and
seal this 29th day of January in the year A. D. 1853.
signed and subscribed by said ] N. Wells [Seal]
Nathaniel Wells as his last will and ]
testament in our presence and signed by]
us in his presence ]
C. Closson ]
Wm. S. Steel ]
State of Ohio Delaware County SS.
Court of Probate March 4th, 1853.
Personally appeared Wm. Closson and Wm S. Steel in open court and
being duly sworn, depose and say that the paper before them purp=
-orting to be the last will and testament of N. Wells dec' was
by the said Wells acknowledged to be his last will and testament
in their presence, that he executed the same in their presence
that at the time of executing the same, he was of sound and
disposing mind, and memory and not acting under any res-
-traint as they verily believe, that they signed the same in his
presence and in the presence of each other, at the said testator's
request, and that said testator was about 35 or 40 years of age
C. Closson
Wm. S. Steel
Sworn to and subscribed in open
Court this 4th day of March A.D. 1853.
D. J. Fuller P Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 180)
Description
[page 180]
[corresponds to page 128 of Will Book 3]
128
Will of Alexander Wells dec' -
Proceedings had before D. J. Fuller Probate Judge in and
for the County of Delaware and State of Ohio on the 8th day of
March A. D. 1853.
In the name of God. Amen.
I Alexander Wells of Delaware County Ohio being weak in body
but of sound mind memory and understanding - do make and
publish this as and for my last will and testament in manner
following - that is to say,
First I desire that all my just debts and funeral expenses
be paid by my Ex' herein after named as soon after my decease
as may be convenient, and that my wife Rhoda Wells be my
Executor.
Secondly, I give and bequeath to my wife all my estate
real and personal to be hers during her life time, and then to devise
by will as she thinks best as she only knows what will be
justice amongst our children.
In testimony whereof I have hereunto set my hand and & seal
this sixth day of January A.D. 1852. ]
Signed, sealed and declared by the ] Alexander Wells [Seal]
Testator to be his last will and ]
testament in our presence who have hereunto ]
set our names at his request as witnesses ]
in his presence. ]
Asa Brown ]
J. R. Whitaker ]
[corresponds to page 128 of Will Book 3]
128
Will of Alexander Wells dec' -
Proceedings had before D. J. Fuller Probate Judge in and
for the County of Delaware and State of Ohio on the 8th day of
March A. D. 1853.
In the name of God. Amen.
I Alexander Wells of Delaware County Ohio being weak in body
but of sound mind memory and understanding - do make and
publish this as and for my last will and testament in manner
following - that is to say,
First I desire that all my just debts and funeral expenses
be paid by my Ex' herein after named as soon after my decease
as may be convenient, and that my wife Rhoda Wells be my
Executor.
Secondly, I give and bequeath to my wife all my estate
real and personal to be hers during her life time, and then to devise
by will as she thinks best as she only knows what will be
justice amongst our children.
In testimony whereof I have hereunto set my hand and & seal
this sixth day of January A.D. 1852. ]
Signed, sealed and declared by the ] Alexander Wells [Seal]
Testator to be his last will and ]
testament in our presence who have hereunto ]
set our names at his request as witnesses ]
in his presence. ]
Asa Brown ]
J. R. Whitaker ]
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 181)
Description
[page 181]
[corresponds to page 129 of Will Book 3]
129
State of Ohio Licking County SS.
Personally came before me Henry Wilson Commissioner of the
Probate Court of Delaware County. The subscriber J. R. Witaker
(who is one of the witnesses to the will of Alexander Wells dec'
late of said Delaware County, and being qualified as the law dir-
-ects, deposeth and saith, That he the said deponent was present at
the making of the said will of Alexander Wells dec' which will
is hereto annexed, And that the said testator did state and over
that to be his last will and testament for the purposes therein
contained and set forth, and also that the said deponent saw
the said testator sign and seal the said will and that he also
verily believes that he was of sound mind and uninfluenced by
any person. And also that the said deponent did witness
by signing his name to said will, and further saith not.
Sworn and subscribed to before J. R. Whitaker
me this 2nd day of March 1853. H. Wilson Com. P. Court
State of Ohio Licking County SS.
Before me Henry Wilson, Commissioner of the Probate Court of
Delaware County, personally came Asa Brown of said County of
Licking (one of the witnesses to the will of Alexander Wells deceased
late of Delaware County) who being qualified as the law directs
deposeth and sayeth that the said deponent was present at the
making of the said will which is hereto annexed, and that the
tetator Alexander Wells vowed that to be his last will and
testament, for the purposes therein contained and set forth
and that the said deponent saw the said testator sign and seal
said will, and that he also believes that he was of sound mind
and uninfluenced thereto by any person, and also that he the
said deponent did witness by signing his name to said will
and further saith not. Asa Brown
Sworn to and subscribed before me this 2nd day of March 1853.
H. Wilson Com, P Court.
[corresponds to page 129 of Will Book 3]
129
State of Ohio Licking County SS.
Personally came before me Henry Wilson Commissioner of the
Probate Court of Delaware County. The subscriber J. R. Witaker
(who is one of the witnesses to the will of Alexander Wells dec'
late of said Delaware County, and being qualified as the law dir-
-ects, deposeth and saith, That he the said deponent was present at
the making of the said will of Alexander Wells dec' which will
is hereto annexed, And that the said testator did state and over
that to be his last will and testament for the purposes therein
contained and set forth, and also that the said deponent saw
the said testator sign and seal the said will and that he also
verily believes that he was of sound mind and uninfluenced by
any person. And also that the said deponent did witness
by signing his name to said will, and further saith not.
Sworn and subscribed to before J. R. Whitaker
me this 2nd day of March 1853. H. Wilson Com. P. Court
State of Ohio Licking County SS.
Before me Henry Wilson, Commissioner of the Probate Court of
Delaware County, personally came Asa Brown of said County of
Licking (one of the witnesses to the will of Alexander Wells deceased
late of Delaware County) who being qualified as the law directs
deposeth and sayeth that the said deponent was present at the
making of the said will which is hereto annexed, and that the
tetator Alexander Wells vowed that to be his last will and
testament, for the purposes therein contained and set forth
and that the said deponent saw the said testator sign and seal
said will, and that he also believes that he was of sound mind
and uninfluenced thereto by any person, and also that he the
said deponent did witness by signing his name to said will
and further saith not. Asa Brown
Sworn to and subscribed before me this 2nd day of March 1853.
H. Wilson Com, P Court.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 182)
Description
[page 182]
[corresponds to page 130 of Will Book 3]
130
State of Ohio Delaware County SS.
Indenture made and entered into the 3rd day of March A.D.
1835, between Nehemiah Martin one of the Executors of the
estate of Benjamin Martin dec' of the first part, and Elijah
Martin of the second part.
Witnesseth that P. N. Martin of the first part agree to
bind myself to pay unto E. Martin the sum of one hundred
fifty five dollars. & 60 cts. being his portion in full in the estate
of B Martin dec' - not willed and aside from the Homestead
And furthermore P. N. Martin agree to pay to Elijah Martin
in lieu of the forty dollars secured & provided in the will
B. Martin for the use and benefit of E. Martin as the avail
or part of the avails of the old Homestead, Sixty dollars to be
paid annually by N. Martin being a part of the interest on
the money of the old Homestead during the natural life time of
Elijah Martin.
Furthermore by these presents Elijah Martin of the
second part acknowledge the receipt of the one hundred and
fifty five dollars & 60 cts, in full and also a full relinquishment
or release in all my right and dowry in the Homestead, and
Real and Personal Estate of B. Martin dec' on the condition
that the above named N. Martin faithfully and honestly fill
his part as above stipulated. Signed and sealed in the
presence of ) this day & year above named
Witnesseth J. M. Williams] Nehemiah Martin [Seal]
Jefferson Martin ] Elijah Martin [Seal]
[corresponds to page 130 of Will Book 3]
130
State of Ohio Delaware County SS.
Indenture made and entered into the 3rd day of March A.D.
1835, between Nehemiah Martin one of the Executors of the
estate of Benjamin Martin dec' of the first part, and Elijah
Martin of the second part.
Witnesseth that P. N. Martin of the first part agree to
bind myself to pay unto E. Martin the sum of one hundred
fifty five dollars. & 60 cts. being his portion in full in the estate
of B Martin dec' - not willed and aside from the Homestead
And furthermore P. N. Martin agree to pay to Elijah Martin
in lieu of the forty dollars secured & provided in the will
B. Martin for the use and benefit of E. Martin as the avail
or part of the avails of the old Homestead, Sixty dollars to be
paid annually by N. Martin being a part of the interest on
the money of the old Homestead during the natural life time of
Elijah Martin.
Furthermore by these presents Elijah Martin of the
second part acknowledge the receipt of the one hundred and
fifty five dollars & 60 cts, in full and also a full relinquishment
or release in all my right and dowry in the Homestead, and
Real and Personal Estate of B. Martin dec' on the condition
that the above named N. Martin faithfully and honestly fill
his part as above stipulated. Signed and sealed in the
presence of ) this day & year above named
Witnesseth J. M. Williams] Nehemiah Martin [Seal]
Jefferson Martin ] Elijah Martin [Seal]
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 183)
Description
[page 183]
[corresponds to page 131 of Will Book 3]
131
Last Will of Edw' S. Mendenhall dec'
Proceedings had before D. J. Fuller Probate Judge
within and for the County of Delaware and State of
Ohio, on the 6th day of June - A.D. 1853.
This day the last will and testament of Edward
S. Mendenhall late of Scioto Township in said County
dec' was produced in open Court by Wm. M. Warren
the Executor in the will named, and Wm. M. Warren
John Van Brimer - and Horatio G. Smith the subscribing
witnesses to said will appeared in open Court and
testified to the due execution of said will, which
testimony was reduced to writing and by them resp-
-tively subscribed and filed with said will and it
appearing to the Court by said testimony that said will
was duly attested and executed - and the said testator
at the time of executing the same - was of full age
and of sound mind and memory and not under any
restraint - it is ordered by the Court that said will
and testimony be recorded. Whereupon Wm. M. Warren
the executor in said will appearing in open Court
and signified his acceptance of the tenet of executing
said will, It is therefore further ordered that letters
testamentary be issued to him on his giving bond
in the sum of $4000.00 with Jacob David Crider, John U.
Mendenhall and John Van Brimer as sureties
conditioned according to law. The Court appoints
Joseph Van Deman, David Crider John Van
Birner - appraisers of the personal property of said
Testator.
In the name of the Benevolent father of
all men.
I Edward S. Mendenhall of the County
of Delaware and State of Ohio being weak in body
but of sound mind and memory, and being
desirous of directing the settling of my worldly
business do make and publish this my last will
and tesament in manner and form - as follows
to wit:
First - after the expenses of my last sickness
Burial and debts are all paid = I will to my two
sons - Thomas H. Mendenhall and John H. Mendenhall
and to my daughter Mary Ann Mulford an equally
division of all my estate. Consisting in part
of a claim in South America. A claim for land
in the State of Virginia and an interest in land
in Delaware County Ohio, also goods - chattels
and money -
[corresponds to page 131 of Will Book 3]
131
Last Will of Edw' S. Mendenhall dec'
Proceedings had before D. J. Fuller Probate Judge
within and for the County of Delaware and State of
Ohio, on the 6th day of June - A.D. 1853.
This day the last will and testament of Edward
S. Mendenhall late of Scioto Township in said County
dec' was produced in open Court by Wm. M. Warren
the Executor in the will named, and Wm. M. Warren
John Van Brimer - and Horatio G. Smith the subscribing
witnesses to said will appeared in open Court and
testified to the due execution of said will, which
testimony was reduced to writing and by them resp-
-tively subscribed and filed with said will and it
appearing to the Court by said testimony that said will
was duly attested and executed - and the said testator
at the time of executing the same - was of full age
and of sound mind and memory and not under any
restraint - it is ordered by the Court that said will
and testimony be recorded. Whereupon Wm. M. Warren
the executor in said will appearing in open Court
and signified his acceptance of the tenet of executing
said will, It is therefore further ordered that letters
testamentary be issued to him on his giving bond
in the sum of $4000.00 with Jacob David Crider, John U.
Mendenhall and John Van Brimer as sureties
conditioned according to law. The Court appoints
Joseph Van Deman, David Crider John Van
Birner - appraisers of the personal property of said
Testator.
In the name of the Benevolent father of
all men.
I Edward S. Mendenhall of the County
of Delaware and State of Ohio being weak in body
but of sound mind and memory, and being
desirous of directing the settling of my worldly
business do make and publish this my last will
and tesament in manner and form - as follows
to wit:
First - after the expenses of my last sickness
Burial and debts are all paid = I will to my two
sons - Thomas H. Mendenhall and John H. Mendenhall
and to my daughter Mary Ann Mulford an equally
division of all my estate. Consisting in part
of a claim in South America. A claim for land
in the State of Virginia and an interest in land
in Delaware County Ohio, also goods - chattels
and money -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 184)
Description
[page 184]
[corresponds to page 132 of Will Book 3]
132
Second - It is my will that the portion belonging
to my daughter Mary Ann Mulford - shall be
secured to her and her heirs - safe from loss by
the appointment of a trustee, for that purpose
to be use for her support, or invested in real
estate at her request, so as to carry into affect
my intention - above stated -
3rd I appoint Wm. M. Warren executor of this
my last will and testament.
In witness whereof I have hereunto set my
hand and seal, this 6th day of April A.D. 1853
Horatio G. Smith Edward S. Mendenhall [Seal]
John Van Brimer
Wm. M. Warren
The State of Ohio - Delaware County. SS.
Court of Probate June 6th 1853.
Personally appeared in open Court Horatio
G. Smith, John Van Brimer and Wm. M. Warren who
being duly sworn depose and say, that the paper
before them purporting to be the last will and
testament of Edward S. Mendenhall now dec'
was by the said Edw' S. Mendenhall 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
and disposing mind and memory, and under
no restraint - as they veriliy believe, that they subs-
-cribed the same as witnesses in the presence and
at the request of the testator, and in the presence
of each other. Horatio S. Smith
Sworn to & subscribed John Van Brimer
in open Court this 6th day Wm. M. Warren
of June A.D. 1853.
D. J. Fuller Judge
[corresponds to page 132 of Will Book 3]
132
Second - It is my will that the portion belonging
to my daughter Mary Ann Mulford - shall be
secured to her and her heirs - safe from loss by
the appointment of a trustee, for that purpose
to be use for her support, or invested in real
estate at her request, so as to carry into affect
my intention - above stated -
3rd I appoint Wm. M. Warren executor of this
my last will and testament.
In witness whereof I have hereunto set my
hand and seal, this 6th day of April A.D. 1853
Horatio G. Smith Edward S. Mendenhall [Seal]
John Van Brimer
Wm. M. Warren
The State of Ohio - Delaware County. SS.
Court of Probate June 6th 1853.
Personally appeared in open Court Horatio
G. Smith, John Van Brimer and Wm. M. Warren who
being duly sworn depose and say, that the paper
before them purporting to be the last will and
testament of Edward S. Mendenhall now dec'
was by the said Edw' S. Mendenhall 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
and disposing mind and memory, and under
no restraint - as they veriliy believe, that they subs-
-cribed the same as witnesses in the presence and
at the request of the testator, and in the presence
of each other. Horatio S. Smith
Sworn to & subscribed John Van Brimer
in open Court this 6th day Wm. M. Warren
of June A.D. 1853.
D. J. Fuller Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 185)
Description
[page 185]
[corresponds to page 133 of Will Book 3]
133
Last Will of Lymon Hotchkiss
Proceedings had before D. J. Fuller Probate
Judge within and for the County of Delaware
and State of Ohio on the 30th day of July A.D. 1853
the State of Ohio Delaware Co. SS.
I Lyman Smith of New Haven County and
state of Connecticut - Greeting -
Know you that we in confidence of your
prudence and fidelity have appointed
you and by these presents do give you full
power and authority to examine and take
the depositions of Ransom R. Russell, Lucius
A. Russell & Flora Hoppen subscribing witnesses
to the will of Lyman Hotchkiss hereto annexed
late of Delaware County and State of Ohio dec'
and therefore we command you that at a
certain day and place to be appointed by
you. you cause the said R. R. Russell, S. A. Russell
and Flora Hoppen to be brought before you &
then & there examine them on their Corporal
oaths or affirmation first taken before you
vouching the due execution of the said will
of the said Lyman Hotchkiss and that you
reduce such examination to writing and
return the same together with this will and
the said will of the said Lyman Hotchkiss
thereto annexed closed up under your seal into
our Court of Probate with all convenient speed.
Witness D. J. Fuller Judge of our said
Court of Probate at Delaware this 23rd day
of May A.D. 1853. D. J. Fuller Prbt' Jdg' of Del. Co.
[corresponds to page 133 of Will Book 3]
133
Last Will of Lymon Hotchkiss
Proceedings had before D. J. Fuller Probate
Judge within and for the County of Delaware
and State of Ohio on the 30th day of July A.D. 1853
the State of Ohio Delaware Co. SS.
I Lyman Smith of New Haven County and
state of Connecticut - Greeting -
Know you that we in confidence of your
prudence and fidelity have appointed
you and by these presents do give you full
power and authority to examine and take
the depositions of Ransom R. Russell, Lucius
A. Russell & Flora Hoppen subscribing witnesses
to the will of Lyman Hotchkiss hereto annexed
late of Delaware County and State of Ohio dec'
and therefore we command you that at a
certain day and place to be appointed by
you. you cause the said R. R. Russell, S. A. Russell
and Flora Hoppen to be brought before you &
then & there examine them on their Corporal
oaths or affirmation first taken before you
vouching the due execution of the said will
of the said Lyman Hotchkiss and that you
reduce such examination to writing and
return the same together with this will and
the said will of the said Lyman Hotchkiss
thereto annexed closed up under your seal into
our Court of Probate with all convenient speed.
Witness D. J. Fuller Judge of our said
Court of Probate at Delaware this 23rd day
of May A.D. 1853. D. J. Fuller Prbt' Jdg' of Del. Co.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 186)
Description
[page 186]
[corresponds to page 134 of Will Book 3]
134
In the name of God Amen. I Lyman
Hotchkiss of Prospect in the County of New Haven
State of Connecticut being of sound & disposing
mind and memory do make and dispose
ordain this my last will and testament in
manner and form following - in the first
place I will that all my debts and funeral
charges be paid & discharged by my executor
hereinafter named = I do give and devise unto
my loving wife Sarah Ann - all my goods & chattels
and personal estate whatsoever without any
appraisal, also I do give unto my said wife Sarah
Ann the use of all my real estate during her
natural life - intending that the same be given
to my child or children if any shall be living
at the time of her decease, but in case there
shall be no child living I intend that the
real estate shall be equally divided between
my brothers and sisters and my said wife's
brothers and sisters - Lastly I do make &
constitute Sarah Ann my said wife executrix
of this my last will and testament. In witness
whereof I have hereunto set my hand and seal
this 27th day of March in the year of our Lord 1843.
Lyman Hotchkiss [Seal]
Signed sealed and declared by the said
Lyman Hotchkiss as his last will and testament
in presence of us who in his presence and in
the presence of each other have hereunto
subscribed our names.
Ransom R. Russell ]
Lucius A. Russell ] Witnesses
Flora Hoppen ]
Prospect New Haven County Ct July 4th 1853.
To the Court of Probate of Delaware Co. Ohio - or
whom it may concern - This is to certify that on
and previous to the 27th of March 1843, that I
was personally acquainted with Lyman Hotchkiss
the sighner and sealer of the above will which has
been read in my presence and that I knew
him at that time to have been of lawful age
and of sound mind and memory and was
under no undue influence from any source
whatever.
Flora Hoppen Johnson
[corresponds to page 134 of Will Book 3]
134
In the name of God Amen. I Lyman
Hotchkiss of Prospect in the County of New Haven
State of Connecticut being of sound & disposing
mind and memory do make and dispose
ordain this my last will and testament in
manner and form following - in the first
place I will that all my debts and funeral
charges be paid & discharged by my executor
hereinafter named = I do give and devise unto
my loving wife Sarah Ann - all my goods & chattels
and personal estate whatsoever without any
appraisal, also I do give unto my said wife Sarah
Ann the use of all my real estate during her
natural life - intending that the same be given
to my child or children if any shall be living
at the time of her decease, but in case there
shall be no child living I intend that the
real estate shall be equally divided between
my brothers and sisters and my said wife's
brothers and sisters - Lastly I do make &
constitute Sarah Ann my said wife executrix
of this my last will and testament. In witness
whereof I have hereunto set my hand and seal
this 27th day of March in the year of our Lord 1843.
Lyman Hotchkiss [Seal]
Signed sealed and declared by the said
Lyman Hotchkiss as his last will and testament
in presence of us who in his presence and in
the presence of each other have hereunto
subscribed our names.
Ransom R. Russell ]
Lucius A. Russell ] Witnesses
Flora Hoppen ]
Prospect New Haven County Ct July 4th 1853.
To the Court of Probate of Delaware Co. Ohio - or
whom it may concern - This is to certify that on
and previous to the 27th of March 1843, that I
was personally acquainted with Lyman Hotchkiss
the sighner and sealer of the above will which has
been read in my presence and that I knew
him at that time to have been of lawful age
and of sound mind and memory and was
under no undue influence from any source
whatever.
Flora Hoppen Johnson
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 187)
Description
[page 187]
[corresponds to page 135 of Will Book 3]
135
The above named person formerly Flora Hoppen
appeared before me and made the statement
which has been reduced to writing and to which
she before me made oath to the same.
Prospect July 20th 1843. Lyman Smith
To the Court of Probate for Delaware County
State of Ohio or to whom it may concern.
This is to certify that on and previous to the
27th of March 1843, that I was personally acq-
=uainted with Lyman Hotchkiss the signer
and sealer of the foregoing will and knew him
at that time to have been of lawful age of sound
mind and memory and under no undue inf-
-luence or restraint.
Prospect New Haven Co. Ct. July 4th 1853. R. R. Russell
New Haven County SS.
Prospect July 4th 1853.
Personally appeared the above named R. R.
Russell, and made oath to the above statement
by him subscribed before me.
Lyman Smith [Seal]
[corresponds to page 135 of Will Book 3]
135
The above named person formerly Flora Hoppen
appeared before me and made the statement
which has been reduced to writing and to which
she before me made oath to the same.
Prospect July 20th 1843. Lyman Smith
To the Court of Probate for Delaware County
State of Ohio or to whom it may concern.
This is to certify that on and previous to the
27th of March 1843, that I was personally acq-
=uainted with Lyman Hotchkiss the signer
and sealer of the foregoing will and knew him
at that time to have been of lawful age of sound
mind and memory and under no undue inf-
-luence or restraint.
Prospect New Haven Co. Ct. July 4th 1853. R. R. Russell
New Haven County SS.
Prospect July 4th 1853.
Personally appeared the above named R. R.
Russell, and made oath to the above statement
by him subscribed before me.
Lyman Smith [Seal]
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 189)
Description
[page 189]
[corresponds to page 137 of Will Book 3]
137
while the same is under the control of my
said wife - is properly taken care of, for the
benefit and use of my said wife during her
natural life, as aforesaid, then after her
decease he is to take the same as heretofore
mentioned.
Item Second - I give and bequeath to my
sons Thomas Crawford and Stewart Crawford
Twenty dollars, each which sum is to be paid
out of my property after the decease of my said
wife.
Item Third
I do hereby nominate and appoint
my son Thomas Crawford and my friend John
Tudy 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. And in case
my son Allen Crawford should reject or refuse
to provide for or take care of my said wife,
then in that case I request and authorize my
said Executors, to take charge of all said
property aforesaid, and if necessary for the
support of my said wife, sell the same in
such manner as they may deem proper
and right, in order that she may be properly
provided for during her natural life.
I do hereby revoke all former wills by me
made.
In testimony whereof I have hereunto
set my hand and seal this Thirtieth day of
May in the year A.D. 1853. his
Thomas X. Crawford [Seal]
mark
Signed and acknowledged
by said Thos Crawford as his last will
and testament in our presence and
signed by us in his presence.
William P. Reid
Samuel S. Mason
State of Ohio Delaware County SS.
Personally came Wm. P. Reid and Samuel S.
Mason who being duly sworn in open Court
depose and say that the paper before them
purporting to be the last will and testament
[corresponds to page 137 of Will Book 3]
137
while the same is under the control of my
said wife - is properly taken care of, for the
benefit and use of my said wife during her
natural life, as aforesaid, then after her
decease he is to take the same as heretofore
mentioned.
Item Second - I give and bequeath to my
sons Thomas Crawford and Stewart Crawford
Twenty dollars, each which sum is to be paid
out of my property after the decease of my said
wife.
Item Third
I do hereby nominate and appoint
my son Thomas Crawford and my friend John
Tudy 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. And in case
my son Allen Crawford should reject or refuse
to provide for or take care of my said wife,
then in that case I request and authorize my
said Executors, to take charge of all said
property aforesaid, and if necessary for the
support of my said wife, sell the same in
such manner as they may deem proper
and right, in order that she may be properly
provided for during her natural life.
I do hereby revoke all former wills by me
made.
In testimony whereof I have hereunto
set my hand and seal this Thirtieth day of
May in the year A.D. 1853. his
Thomas X. Crawford [Seal]
mark
Signed and acknowledged
by said Thos Crawford as his last will
and testament in our presence and
signed by us in his presence.
William P. Reid
Samuel S. Mason
State of Ohio Delaware County SS.
Personally came Wm. P. Reid and Samuel S.
Mason who being duly sworn in open Court
depose and say that the paper before them
purporting to be the last will and testament
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 190)
Description
[page 190]
[corresponds to labeled page 138]
138
of Thomas Crawford dec' was published &
declared to be his last will and testament
in the presence of Deponents. That the said
deceased at the time of executing the same was
of lawful age, of sound and disposing mind
and memory and not actng under any
restraint as they verily believe. That said
witnesses signed the same in the presence
of the testator and at his request and in the
presence of each other and further say not.
W. P. Reid
Samuel S. Mason
Sworn to and Subscribed before me this
30th day of July 1853.
D. J. Fuller Prob' Judge
[corresponds to labeled page 138]
138
of Thomas Crawford dec' was published &
declared to be his last will and testament
in the presence of Deponents. That the said
deceased at the time of executing the same was
of lawful age, of sound and disposing mind
and memory and not actng under any
restraint as they verily believe. That said
witnesses signed the same in the presence
of the testator and at his request and in the
presence of each other and further say not.
W. P. Reid
Samuel S. Mason
Sworn to and Subscribed before me this
30th day of July 1853.
D. J. Fuller Prob' Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 191)
Description
[page 191]
[corresponds to page 139 of Will Book 3]
139
Last Will of John Ginn deceased -
Proceedings had before D. J. Fuller - Probate Judge
within and for the County of Delaware and State
of Ohio - on the 6th day of Aug - A.D. 1853 -
The last will and testament of John Ginn dec'
late of said County, was this day produced in
open Court by Robert Wilson Executor of said will
Named, and Anson A. Streator, S. J. M. Leak the
subscribing witnesses to said will appeared &
in open Court on oath testified to the due
execution of said will, which testimony was
reduced to writing and by them respectively
signed and filed with said will: and it
appearing to the Court by said testimony, that
said will was duly attested, and executed, &
that the said testator at the time of executing
the same was of full age and of sound mind
and memory - and not under any restraint -
it is ordered by the Court that said will &
testimony be recorded -
I John Ginn 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 of all, It is my will that all my funeral
expenses and all my just debts be fully paid.
Second. I give, devise and bequeath to my
beloved wife Sarah Ginn in lieu of her dower
the plantation, on which we now reside,
during her natural life - or as long as she
remains my widow, situate in the Tow-
-nship of Trenton County and State aforesaid
containing about Eighty six Achors also all
the live stock horses cows and hogs by me
owned, also all the household furniture
and and other items not particularly
named and otherwise disposed of in this
will, during her natural life or as long as
she remains my widow, and at the death
or marriage of my said wife all the property
hereby devised or bequeathed to her as aforesaid
or so much thereof as may then remain
unexpended in manner and form following
Third - I give and devise to my eldest son
James Ginn and my fourth son Moses Ginn
and my fifth son Samuel Ginn the Farm on
[corresponds to page 139 of Will Book 3]
139
Last Will of John Ginn deceased -
Proceedings had before D. J. Fuller - Probate Judge
within and for the County of Delaware and State
of Ohio - on the 6th day of Aug - A.D. 1853 -
The last will and testament of John Ginn dec'
late of said County, was this day produced in
open Court by Robert Wilson Executor of said will
Named, and Anson A. Streator, S. J. M. Leak the
subscribing witnesses to said will appeared &
in open Court on oath testified to the due
execution of said will, which testimony was
reduced to writing and by them respectively
signed and filed with said will: and it
appearing to the Court by said testimony, that
said will was duly attested, and executed, &
that the said testator at the time of executing
the same was of full age and of sound mind
and memory - and not under any restraint -
it is ordered by the Court that said will &
testimony be recorded -
I John Ginn 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 of all, It is my will that all my funeral
expenses and all my just debts be fully paid.
Second. I give, devise and bequeath to my
beloved wife Sarah Ginn in lieu of her dower
the plantation, on which we now reside,
during her natural life - or as long as she
remains my widow, situate in the Tow-
-nship of Trenton County and State aforesaid
containing about Eighty six Achors also all
the live stock horses cows and hogs by me
owned, also all the household furniture
and and other items not particularly
named and otherwise disposed of in this
will, during her natural life or as long as
she remains my widow, and at the death
or marriage of my said wife all the property
hereby devised or bequeathed to her as aforesaid
or so much thereof as may then remain
unexpended in manner and form following
Third - I give and devise to my eldest son
James Ginn and my fourth son Moses Ginn
and my fifth son Samuel Ginn the Farm on
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 192)
Description
[page 192]
[corresponds to page 140 of Will Book 3]
140
which we now resided at the death of my
beloved wife or at her marriage. Fourth
I devise and bequeath to my second son Leroy
Twenty five dollars at his mothers death to
be paid to him by the three above named brothers
James Ginn, Moses Ginn, and Samuel Ginn -
Fifth I devise and bequeath to my third son
Charles Ginn Twenty five Dollars to be paid
at his mothers death to him by my sons
James Ginn - Moses Ginn and Samuel Ginn.
Sixth - I Devise and bequeath unto my daughter
Nancy Ginn her living with her Mother on the
farm on which we know live and which I
have bequeathed to my wife, her life time, or as
long as she remains my widow - Seventh
I bequeath unto my daughter Martha ten dollars
to be paid her at her mothers death by my sons
James, Moses and Samuel - Eighth - I devise
and bequeath unto my daughter Effie - ten dollars
to be paid her at her mothers death, by my
sons James, Moses and Samuel. Ninth -
I devise and bequeath unto my beloved wife
the balance of the money if any there be left
after paying all my just debts and funeral
expenses and expense of Administration, on
my property that is the money coming from
Robert Wilson for twenty acres of land in
Harlem Township which I sold to him for
thirteen dollars per acher and in accordance
with an article of agreement wh between him
and I, it is my will that Edward H. Dent
Administrator of the estate of A. C. Leah dec'
through whom the Deed is to be made, that
he makes the deed direct to the said Robert
Wilson - And lastly I hereby appoint or
constitute Robert Wilson to be the executor
for this my last will and testament, revoking
and annulling all former wills by me made
and ratifying and confirming this and no
other to be my last will and testament, in
testimony whereof I have hereunto set my hand
and seal this 26th day of July A.D. 1853.
his
John X Ginn [Seal]
mark
Signed - published and declared by the within
[corresponds to page 140 of Will Book 3]
140
which we now resided at the death of my
beloved wife or at her marriage. Fourth
I devise and bequeath to my second son Leroy
Twenty five dollars at his mothers death to
be paid to him by the three above named brothers
James Ginn, Moses Ginn, and Samuel Ginn -
Fifth I devise and bequeath to my third son
Charles Ginn Twenty five Dollars to be paid
at his mothers death to him by my sons
James Ginn - Moses Ginn and Samuel Ginn.
Sixth - I Devise and bequeath unto my daughter
Nancy Ginn her living with her Mother on the
farm on which we know live and which I
have bequeathed to my wife, her life time, or as
long as she remains my widow - Seventh
I bequeath unto my daughter Martha ten dollars
to be paid her at her mothers death by my sons
James, Moses and Samuel - Eighth - I devise
and bequeath unto my daughter Effie - ten dollars
to be paid her at her mothers death, by my
sons James, Moses and Samuel. Ninth -
I devise and bequeath unto my beloved wife
the balance of the money if any there be left
after paying all my just debts and funeral
expenses and expense of Administration, on
my property that is the money coming from
Robert Wilson for twenty acres of land in
Harlem Township which I sold to him for
thirteen dollars per acher and in accordance
with an article of agreement wh between him
and I, it is my will that Edward H. Dent
Administrator of the estate of A. C. Leah dec'
through whom the Deed is to be made, that
he makes the deed direct to the said Robert
Wilson - And lastly I hereby appoint or
constitute Robert Wilson to be the executor
for this my last will and testament, revoking
and annulling all former wills by me made
and ratifying and confirming this and no
other to be my last will and testament, in
testimony whereof I have hereunto set my hand
and seal this 26th day of July A.D. 1853.
his
John X Ginn [Seal]
mark
Signed - published and declared by the within
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 193)
Description
[page 193]
[corresponds to page 141 of Will Book 3]
141
Samuel John Ginn as and for his last will and
testament in presence of us who at his request
have signed as witnesses to the same.
Anson A. Streator ]
J. M. Leak ]
The State of Ohio - Delaware County SS.
Court of Probate Aug = 1853.
Personally appeared in open Court Aaron A. Streator
and John M. Leak who being duly sworn depose
and say that the paper before them purporting
to be the last will and testament of John Ginn
now deceased was by the said John Ginn ackn-
=nowledged published and declared to be his last
will and testament, in the presence of these
deponents, that the said dec' 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 & subscribed A. A. Streator
in open Court this 6th day J. M. Leak
of Aug" A.D. 1853.
D. J. Fuller Prob' Judge
[corresponds to page 141 of Will Book 3]
141
Samuel John Ginn as and for his last will and
testament in presence of us who at his request
have signed as witnesses to the same.
Anson A. Streator ]
J. M. Leak ]
The State of Ohio - Delaware County SS.
Court of Probate Aug = 1853.
Personally appeared in open Court Aaron A. Streator
and John M. Leak who being duly sworn depose
and say that the paper before them purporting
to be the last will and testament of John Ginn
now deceased was by the said John Ginn ackn-
=nowledged published and declared to be his last
will and testament, in the presence of these
deponents, that the said dec' 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 & subscribed A. A. Streator
in open Court this 6th day J. M. Leak
of Aug" A.D. 1853.
D. J. Fuller Prob' Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 194)
Description
[page 194]
[corresponds to page 142 of Will Book 3]
142
Last Will of Watson Case dec' -
Proceedings had before D. J. Fuller Probate
Judge within and for the County of Delaware
and State of Ohio on the 27th day of Aug" A.D. 2853.
This day the last will and testament of Watson
Case dec' was produced in open Court and
proved by the testimony of the subscribing witn-
=esses thereto, and ordered to be recorded - Said
will was produced for proof by Seth W. Case the
Executor appointed in said will by testator,
which appointment was confirmed by said
Court under Bonds of ($1000.00) One thousand
dollars, with D. F. Mc Cullough and Timothy
Andrews as Security.
In the Name of the Benevolent Father of all,
I Watson Case of Liberty Township - Delaware
County and State of Ohio - do make and publish
this my last will and testament -
Item 1st - I give and devise to my beloved
daughter Eunice A. McCullough or her heirs and
to my son Seth W. Case or his heirs lot No. 40
in Range 19, T 3, S 4, U.S.M.S. containing One
hundred acres more or less. Also sixteen acres
and three fourths of an acre in lot 39, said land
to be equally divided -
Item 2nd I devise and bequeath to my Grand
sons James B. Case and Thomas W. Case or their
heirs all of my interest in lot No. 2, in Range 19
S.3. T.4. U.S.M.L.
Item 3rd I devise and bequeath to my Grand
sons John W. Van Deman and Henry E. Van Deman
the sum of Two hundred dollars each when they
become Twenty one years of age, and if they die
before they become Twenty one years of age - then
to my other Grand children.
Item 4th I devise and bequeath to the American
Bible Society a sufficient to constitute my
son Seth W. Case - my daughter Eunice A. McCu-
=llough and my son in law David F. Mc Cullough
life members of said Society - said donation to
be paid out of money in the hand of said David
F. Mc Cullough -
Item 5th - I devise and bequeath to my son Seth
W. Case all of my property and effects except what
is otherwise devised and bequeathed in consi-
=deration that he support and sustain my
[corresponds to page 142 of Will Book 3]
142
Last Will of Watson Case dec' -
Proceedings had before D. J. Fuller Probate
Judge within and for the County of Delaware
and State of Ohio on the 27th day of Aug" A.D. 2853.
This day the last will and testament of Watson
Case dec' was produced in open Court and
proved by the testimony of the subscribing witn-
=esses thereto, and ordered to be recorded - Said
will was produced for proof by Seth W. Case the
Executor appointed in said will by testator,
which appointment was confirmed by said
Court under Bonds of ($1000.00) One thousand
dollars, with D. F. Mc Cullough and Timothy
Andrews as Security.
In the Name of the Benevolent Father of all,
I Watson Case of Liberty Township - Delaware
County and State of Ohio - do make and publish
this my last will and testament -
Item 1st - I give and devise to my beloved
daughter Eunice A. McCullough or her heirs and
to my son Seth W. Case or his heirs lot No. 40
in Range 19, T 3, S 4, U.S.M.S. containing One
hundred acres more or less. Also sixteen acres
and three fourths of an acre in lot 39, said land
to be equally divided -
Item 2nd I devise and bequeath to my Grand
sons James B. Case and Thomas W. Case or their
heirs all of my interest in lot No. 2, in Range 19
S.3. T.4. U.S.M.L.
Item 3rd I devise and bequeath to my Grand
sons John W. Van Deman and Henry E. Van Deman
the sum of Two hundred dollars each when they
become Twenty one years of age, and if they die
before they become Twenty one years of age - then
to my other Grand children.
Item 4th I devise and bequeath to the American
Bible Society a sufficient to constitute my
son Seth W. Case - my daughter Eunice A. McCu-
=llough and my son in law David F. Mc Cullough
life members of said Society - said donation to
be paid out of money in the hand of said David
F. Mc Cullough -
Item 5th - I devise and bequeath to my son Seth
W. Case all of my property and effects except what
is otherwise devised and bequeathed in consi-
=deration that he support and sustain my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 195)
Description
[page 195]
[corresponds to page 143 of Will Book 3]
143
beloved wife in a comfortable manner during
her natural life - Also my said wife to have the
privaledge of disposing of any of the household
furniture as she may think proper. Also that
he shall pay all the expenses that may be
incurred before or after my decease.
Item 6th I do hereby nominate and appoint
Seth W. Case 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, and to apply
the proceeds to the carrying out of the several
provisions contained in the several items of
my will. I do hereby revoke all former wills
by me made.
In testimony whereof I have hereunto set
my hand and seal this 10th day of October
the year 1851. Watson Case {seal]
Signed and acknowledged by said Watson
Case as his last will and testament, in our
presence and signed by us in his presence.
Timothy Andrews
George Cellar.
State of Ohio Delaware County SS.
Court of Probate Aug 27. 1853.
Personally appeared in open Court Timothy Andrews
and George Cellar who being duly sworn depose &
say that the paper before them purporting to be
the last will and testament of Watson Case
now deceased - was by the said Watson Case
acknowledged published and declared to be
his last will and testament in the presence of
these deponents. That the said Watson Case
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. Timothy Andrews
George Cellar
Sworn to and subscribed in open Court
this 27th day of Aug" A.D. 1853.
D. J. Fuller
Prob Judge
[corresponds to page 143 of Will Book 3]
143
beloved wife in a comfortable manner during
her natural life - Also my said wife to have the
privaledge of disposing of any of the household
furniture as she may think proper. Also that
he shall pay all the expenses that may be
incurred before or after my decease.
Item 6th I do hereby nominate and appoint
Seth W. Case 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, and to apply
the proceeds to the carrying out of the several
provisions contained in the several items of
my will. I do hereby revoke all former wills
by me made.
In testimony whereof I have hereunto set
my hand and seal this 10th day of October
the year 1851. Watson Case {seal]
Signed and acknowledged by said Watson
Case as his last will and testament, in our
presence and signed by us in his presence.
Timothy Andrews
George Cellar.
State of Ohio Delaware County SS.
Court of Probate Aug 27. 1853.
Personally appeared in open Court Timothy Andrews
and George Cellar who being duly sworn depose &
say that the paper before them purporting to be
the last will and testament of Watson Case
now deceased - was by the said Watson Case
acknowledged published and declared to be
his last will and testament in the presence of
these deponents. That the said Watson Case
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. Timothy Andrews
George Cellar
Sworn to and subscribed in open Court
this 27th day of Aug" A.D. 1853.
D. J. Fuller
Prob Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 196)
Description
[page 196]
[corresponds to page 144 of Will Book 3]
144
Last Will of J. McKinnie & Wife dec'
Proceedings had before D. J. Fuller Probate Judge
in and for the County of Delaware and State of Ohio
at his office in the town of Delaware in said
County, on the 11th day of Oct. A.D. 1853.
This day the last will & testament of J. McKinnie
and Wife was produced in open Court and proved
by the testimony of the subscribing witnesses thereto
and ordered to be recorded -
In the Name of the Benevolent Father of all.
I Josiah McKinnie and Margaret McKinnie
wife of said Josiah McKinnie and daughters of Thos
Cellar deceased all of the County of Delaware and
State of Ohio, do make and publish this our last
will and testament.
Item 1st. We give and Devise to our son John McKinnie
three hundred acres of land off from the east end of
lot eight (8) according to Joseph Nance's survey, it
being the farm on which we now live, in the first
quarter of the third Township and in the nineteenth
Range, U.S.M. lands, it being a part of the land that
was deeded by Thomas Cellar - Executor - to said
testators (that is to Margaret McKinnie wife of said
Joseph McKinnie his heirs or assigns) We hereby give
and devise said above described lands, to said John
McKinnie and his heirs forever -
Item 2nd. We give and devise the remainder of said
lot eight (8) which is situate in the west end of
said lot all other description the same as set forth
in the first item above - to our daughter Martha C.
Dunlap wife of John T. Dunlap her heirs - it being
one hundred acres of land.
Item 5th. At our decease said John McKinnie or his
heirs is to pay our just debts, and funeral expenses,
and we bequeath unto our son John McKinnie and
his heirs all our personal property - that may be in
our possession at death.
We do hereby revoke all former wills by us made
In testimony we have hereunto set our hands and seals
this sixteenth day of Feby' in the year A.D. one thou-
-sand eight hundred and forty six.
Josiah McKinnie [Seal]
Sign & acknowledged ] Margaret McKinnie [Seal]
by said Josiah McKinnie & Margaret McKinnie as
their last will & testament in our presence - and signed
by us in their presence. Shubael Knapp
Andrew Harter
[corresponds to page 144 of Will Book 3]
144
Last Will of J. McKinnie & Wife dec'
Proceedings had before D. J. Fuller Probate Judge
in and for the County of Delaware and State of Ohio
at his office in the town of Delaware in said
County, on the 11th day of Oct. A.D. 1853.
This day the last will & testament of J. McKinnie
and Wife was produced in open Court and proved
by the testimony of the subscribing witnesses thereto
and ordered to be recorded -
In the Name of the Benevolent Father of all.
I Josiah McKinnie and Margaret McKinnie
wife of said Josiah McKinnie and daughters of Thos
Cellar deceased all of the County of Delaware and
State of Ohio, do make and publish this our last
will and testament.
Item 1st. We give and Devise to our son John McKinnie
three hundred acres of land off from the east end of
lot eight (8) according to Joseph Nance's survey, it
being the farm on which we now live, in the first
quarter of the third Township and in the nineteenth
Range, U.S.M. lands, it being a part of the land that
was deeded by Thomas Cellar - Executor - to said
testators (that is to Margaret McKinnie wife of said
Joseph McKinnie his heirs or assigns) We hereby give
and devise said above described lands, to said John
McKinnie and his heirs forever -
Item 2nd. We give and devise the remainder of said
lot eight (8) which is situate in the west end of
said lot all other description the same as set forth
in the first item above - to our daughter Martha C.
Dunlap wife of John T. Dunlap her heirs - it being
one hundred acres of land.
Item 5th. At our decease said John McKinnie or his
heirs is to pay our just debts, and funeral expenses,
and we bequeath unto our son John McKinnie and
his heirs all our personal property - that may be in
our possession at death.
We do hereby revoke all former wills by us made
In testimony we have hereunto set our hands and seals
this sixteenth day of Feby' in the year A.D. one thou-
-sand eight hundred and forty six.
Josiah McKinnie [Seal]
Sign & acknowledged ] Margaret McKinnie [Seal]
by said Josiah McKinnie & Margaret McKinnie as
their last will & testament in our presence - and signed
by us in their presence. Shubael Knapp
Andrew Harter
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 197)
Description
[page 197]
[corresponds to page 145 of Will Book 3]
145
Codicil to foregoing will -
We Josiah McKinnie & Margaret McKinnie do appoint
John T. Dunlap and John McKinnie of the County of
Delaware and State of Ohio as Executors of this our
last will and testament.
In testimony whereof we have hereunto set our
hands and seals, this sixteenth day of February in
the year of our Lord one thousand eight hundred
and forty six. Josiah McKinnie [Seal]
Margaret McKinnie [Seal]
Signed & acknowledge by Josiah McKinnie and
Margaret McKinnie as their last will & testament
in our presence and we signed in their presence.
Shubael W. Knapp
Andrew Harter
State of Ohio Delaware County. SS.
Personally appeared in open Court Andrew Harter
and Shubael W. Knapp and made solemn oath
that the paper purporting to be the last will and
testament of Josiah McKinnie & Margaret McKinnie
was by the said Josiah & Margaret acknowledged &
published and declared by the said testators to
be their last will and testament in our presence.
That said testators were at the time of executing
said will of lawful age of sound mind and memory
and not under any restraint as they verily
believe - That they signed the same as witnesses
in the presence and at the request of said test-
-ators and in the presence of each other.
Andrew Harter
S. W. Knapp
Sworn to and subscribed before me
this 11th day of Oct: A.D. 1853.
D. J. Fuller
Prob. Judge -
[corresponds to page 145 of Will Book 3]
145
Codicil to foregoing will -
We Josiah McKinnie & Margaret McKinnie do appoint
John T. Dunlap and John McKinnie of the County of
Delaware and State of Ohio as Executors of this our
last will and testament.
In testimony whereof we have hereunto set our
hands and seals, this sixteenth day of February in
the year of our Lord one thousand eight hundred
and forty six. Josiah McKinnie [Seal]
Margaret McKinnie [Seal]
Signed & acknowledge by Josiah McKinnie and
Margaret McKinnie as their last will & testament
in our presence and we signed in their presence.
Shubael W. Knapp
Andrew Harter
State of Ohio Delaware County. SS.
Personally appeared in open Court Andrew Harter
and Shubael W. Knapp and made solemn oath
that the paper purporting to be the last will and
testament of Josiah McKinnie & Margaret McKinnie
was by the said Josiah & Margaret acknowledged &
published and declared by the said testators to
be their last will and testament in our presence.
That said testators were at the time of executing
said will of lawful age of sound mind and memory
and not under any restraint as they verily
believe - That they signed the same as witnesses
in the presence and at the request of said test-
-ators and in the presence of each other.
Andrew Harter
S. W. Knapp
Sworn to and subscribed before me
this 11th day of Oct: A.D. 1853.
D. J. Fuller
Prob. Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 198)
Description
[page 198]
[corresponds to page 146 of Will Book 3]
146
Last Will of Robert Brown dec' -
Proceedings had before D. J. Fuller Probate Judge
in and for the County of Delaware - State of Ohio
on the 8th day of Sept = A.D. 1853.
This day the last will and testament of Robert
Brown deceased was produced in open Court
& proved by the testimony of the subscribing witn-
-esses thereto, and ordered to be recorded.
In the name of God I Robert Brown of Oxford
Township Del. Co. Ohio do hereby give and bequeath
all my property real and personal to my beloved
wife (Climanda) until her death and give unto her
full power and authority to pay all debts, and
receive all monies due, and after her death the
property to be equally divided amongst my beloved
children, Marilla - Maria, Matilda, Almina
Rosilla, Amelia Aditha Rosette -
In witness whereof I Robert Brown the
testator have to this will set my hand and seal
with my seal - This the Twenty third day of Feby -
one thousand eight hundred and fifty three
Attest Robert Brown [Seal]
Benjamin Martin Jr.
Adam S. Shoemaker
The State of Ohio - Delaware County. SS.
Court of Probate Sept 8th 1853.
Personally appeared in open Court Benjamin
Martin Jr. and Adam Shoemaker who being duly
sworn depose and say that the paper before them
purporting to be the last will and testament of
Robert Brown now deceased was by the said Robert
Brown acknowledged - published and declared
to be his last will and testament in the presence
of these deponents: that the said dec" 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.
Benj. Martin Jr.
Adam Shoemaker
Sworn to & subscribed in open Court this
8th day of Sept" A.D. 1853.
D. J. Fuller
Prob. Judge -
[corresponds to page 146 of Will Book 3]
146
Last Will of Robert Brown dec' -
Proceedings had before D. J. Fuller Probate Judge
in and for the County of Delaware - State of Ohio
on the 8th day of Sept = A.D. 1853.
This day the last will and testament of Robert
Brown deceased was produced in open Court
& proved by the testimony of the subscribing witn-
-esses thereto, and ordered to be recorded.
In the name of God I Robert Brown of Oxford
Township Del. Co. Ohio do hereby give and bequeath
all my property real and personal to my beloved
wife (Climanda) until her death and give unto her
full power and authority to pay all debts, and
receive all monies due, and after her death the
property to be equally divided amongst my beloved
children, Marilla - Maria, Matilda, Almina
Rosilla, Amelia Aditha Rosette -
In witness whereof I Robert Brown the
testator have to this will set my hand and seal
with my seal - This the Twenty third day of Feby -
one thousand eight hundred and fifty three
Attest Robert Brown [Seal]
Benjamin Martin Jr.
Adam S. Shoemaker
The State of Ohio - Delaware County. SS.
Court of Probate Sept 8th 1853.
Personally appeared in open Court Benjamin
Martin Jr. and Adam Shoemaker who being duly
sworn depose and say that the paper before them
purporting to be the last will and testament of
Robert Brown now deceased was by the said Robert
Brown acknowledged - published and declared
to be his last will and testament in the presence
of these deponents: that the said dec" 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.
Benj. Martin Jr.
Adam Shoemaker
Sworn to & subscribed in open Court this
8th day of Sept" A.D. 1853.
D. J. Fuller
Prob. Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 199)
Description
[page 199]
[corresponds to page 147 of Will Book 3]
147
Last Will of Daniel Mangans dec'
Proceedings had before D. T. Fuller Probate Judge in
and for the County of Delaware and State of Ohio on
the 10th day of Oct. A.D. 1853.
This day the last will and testament of David
Mangans dec' was produced in open Court and
proved by the testimony of the subscribing witnesses
thereto and ordered to be recorded -
In the name of God - Amen:
I Daniel Mangans of the
Township of Scioto in County of Delaware Ohio being
of sound mind and memory and considering the
uncertainty of this frail and transitory life, do make
ordain - publish and declare this to be my last will
and testament - That is to say. First after all my lawful
debts are paid and discharged, the residue of my
estate real and personal I give - bequeath and dispose
of as follows. To wit: To my Wife Mary in lieu of her
dower one hundred and forty nine acres of land
during her natural life known as the Rodgers, and
west part of the Hodsden farm, in Scioto Township
(Reference is had to Deeds on Record.) also while she
remains my widow all the crops and produce on
the farm together with all the stock, Waggons and Buggy
and all the household and kitchen furniture.
But requiring my said wife to give to my son Abraham
at the age of Twenty one years one god horse and
Cow. And also to my daughter Mary Magdelain at
the age of Eighteen years or sooner if needed, one
good Cow, Bed and Bedding, Bureau, Table chairs
and kitchen furniture suitable to keeping house.
I will to my son Reason Mangans Seventy acres
of land where he now resides being the east part
of the Hodsden farm running north and south
parallel with the east line, enjoining on him to
pay the taxes and twenty dollars each and every
year to my widow during her natural life.
I will to my two sons Daniel and Abraham at
the death of my wife an equal division of the
one hundred and forty nine acres of land being
the same land willed to my wife, during her life.
I will to my daughter Elizabeth Garvin and
Mary Magdelain four hundred dollars each
two years after my death.
I will to my daughter Susannah Robinson and
and her lawful heirs the sum of four hundred
dollars two years after my death and to remain
[corresponds to page 147 of Will Book 3]
147
Last Will of Daniel Mangans dec'
Proceedings had before D. T. Fuller Probate Judge in
and for the County of Delaware and State of Ohio on
the 10th day of Oct. A.D. 1853.
This day the last will and testament of David
Mangans dec' was produced in open Court and
proved by the testimony of the subscribing witnesses
thereto and ordered to be recorded -
In the name of God - Amen:
I Daniel Mangans of the
Township of Scioto in County of Delaware Ohio being
of sound mind and memory and considering the
uncertainty of this frail and transitory life, do make
ordain - publish and declare this to be my last will
and testament - That is to say. First after all my lawful
debts are paid and discharged, the residue of my
estate real and personal I give - bequeath and dispose
of as follows. To wit: To my Wife Mary in lieu of her
dower one hundred and forty nine acres of land
during her natural life known as the Rodgers, and
west part of the Hodsden farm, in Scioto Township
(Reference is had to Deeds on Record.) also while she
remains my widow all the crops and produce on
the farm together with all the stock, Waggons and Buggy
and all the household and kitchen furniture.
But requiring my said wife to give to my son Abraham
at the age of Twenty one years one god horse and
Cow. And also to my daughter Mary Magdelain at
the age of Eighteen years or sooner if needed, one
good Cow, Bed and Bedding, Bureau, Table chairs
and kitchen furniture suitable to keeping house.
I will to my son Reason Mangans Seventy acres
of land where he now resides being the east part
of the Hodsden farm running north and south
parallel with the east line, enjoining on him to
pay the taxes and twenty dollars each and every
year to my widow during her natural life.
I will to my two sons Daniel and Abraham at
the death of my wife an equal division of the
one hundred and forty nine acres of land being
the same land willed to my wife, during her life.
I will to my daughter Elizabeth Garvin and
Mary Magdelain four hundred dollars each
two years after my death.
I will to my daughter Susannah Robinson and
and her lawful heirs the sum of four hundred
dollars two years after my death and to remain
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 200)
Description
[page 200]
[corresponds to page 148 of Will Book 3]
148
in the hands of my Executors for the use of her
and her lawful heirs - And in case Susannah Robinson
dies leaving no lawful heirs - then the sum willed to
her and her heirs shall go equally to my daughters
Elizabeth and Mary Magdelain share and share alike.
The sum of Twelve hundred dollars willed to my
three daughters is to be paid by my executors is to
be paid by my executors by from the notes and
accounts - should there be a deficiency the residue
to be made from the personal property remaining
att he death or marriage of my wife -
The personal property of all description whatever
remaining on the farm at the marriage or death
of my wife - and not needed to pay any legacy set
forth in this will, shall be divided amicably and
equally between my two sons Daniel & Abraham.
Likewise I make constitute and appoint my
two sons Reason Mangans and Daniel Mangans
to be executors of this my last will and testament
hereby revoking all others by me made.
In witness whereof I have hereunto subscribed
my name and affixed my this 16th day of Sept. A.D. 1853.
J Harvey Dodds } Daniel Mangans {Seal}
Wm M. Warren }
State of Ohio, Del. Co. SS.
Probate Court Oct. 10 1853.
Personally appeared in open Court Wm. Williams and
J Harvey Dodds who being duly sworn depose and
say that the paper before them purporting to be the
last will and testament of Daniel Mangans now
dec' was by the said Daniel Mangans acknowl-
-edged - 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 subscr-
-ibed the same as witnesses in the presence and
at the request of the testator and in the presence
of each other.
Wm' M. Warren -
Sworn to and subscribed } J Harvey Dodds
in open Court the day and
year first above written
D. T. Fuller
Probate Judge
[corresponds to page 148 of Will Book 3]
148
in the hands of my Executors for the use of her
and her lawful heirs - And in case Susannah Robinson
dies leaving no lawful heirs - then the sum willed to
her and her heirs shall go equally to my daughters
Elizabeth and Mary Magdelain share and share alike.
The sum of Twelve hundred dollars willed to my
three daughters is to be paid by my executors is to
be paid by my executors by from the notes and
accounts - should there be a deficiency the residue
to be made from the personal property remaining
att he death or marriage of my wife -
The personal property of all description whatever
remaining on the farm at the marriage or death
of my wife - and not needed to pay any legacy set
forth in this will, shall be divided amicably and
equally between my two sons Daniel & Abraham.
Likewise I make constitute and appoint my
two sons Reason Mangans and Daniel Mangans
to be executors of this my last will and testament
hereby revoking all others by me made.
In witness whereof I have hereunto subscribed
my name and affixed my this 16th day of Sept. A.D. 1853.
J Harvey Dodds } Daniel Mangans {Seal}
Wm M. Warren }
State of Ohio, Del. Co. SS.
Probate Court Oct. 10 1853.
Personally appeared in open Court Wm. Williams and
J Harvey Dodds who being duly sworn depose and
say that the paper before them purporting to be the
last will and testament of Daniel Mangans now
dec' was by the said Daniel Mangans acknowl-
-edged - 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 subscr-
-ibed the same as witnesses in the presence and
at the request of the testator and in the presence
of each other.
Wm' M. Warren -
Sworn to and subscribed } J Harvey Dodds
in open Court the day and
year first above written
D. T. Fuller
Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 201)
Description
[page 201]
[corresponds to page 149 of Will Book 3]
149
Last Will of Augustus M. Shaw dec'
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware and State of Ohio
on the 27. day of Oct. A.D. 1853.
This day the last will & testament of Augustus M. Shaw
was produced in open Court by Samuel D. Shaw - the
Executor in said will named - and proved by the tes-
-timony of the subscribing witnesses thereto and ordered
to be recorded. And it is further ordered that said Ex-
-ecutor enter into bonds in the sum of
with as security ---
I Augustus M. Shaw being of lawful age and of
sound mind do make and Constitute this my last
will and testament - revoking all others heretofore
made.
First - It is my will that my legal debts should be paid.
Second - It is my will that my wife Mercy Shaw shall
have the sum of Twenty four dollars annually paya-
-ble quarterly if required, one Black Mare, one Cow, six
sheep, Two hogs - all the household furniture and all
the Beds and bedding.
Thirdly - It is my will that Henry B. Shaw my grandchild
should have one coalt now on the premises, one yoke
of steers - one Two horse Waggon, one Wind Mill one Cider
Mill (portable one) one Heifer now on the premises, Twelve
sheep - Four Hogs -
Fourthly - It is my will that Elizabeth S. Shaw wife of
Samuel D. Shaw should have my pleasure carriage
one horse and harness, Six sheep - four hogs -
Fifthly - It is my will that Henry B. Shaw Elizabeth S.
Shaw shall have all my real estate on which I now
reside being Thirty five acres one hundred and one
perches of land to them their heirs and assigns for-
-evermore particular descriptions reference may be
had to a Deed made by Nathaniel Field & wife
to me bearing date Jan'y 22' 1851.
Sixthly - It is my will that the sums of Five dollars
should be paid to Archibald C. Shaw, Hiram Shaw
and Sam'l D. Shaw each the sum to be paid when
called for. Seventhly - It is my will and I do hereby
constitute and appoint Samuel D. Shaw my son
Executor of this my last will & testament giving him
discretionary power in sale or otherwise of my
chattels & effects for the purpose of paying my debts.
etc. As witness my hand this sixth day of Dec. A.D. 1853.
Signed, sealed & delivered in } A. M. Shaw {Seal}
presence of Jacob Smith }
Michael Smith }
[corresponds to page 149 of Will Book 3]
149
Last Will of Augustus M. Shaw dec'
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware and State of Ohio
on the 27. day of Oct. A.D. 1853.
This day the last will & testament of Augustus M. Shaw
was produced in open Court by Samuel D. Shaw - the
Executor in said will named - and proved by the tes-
-timony of the subscribing witnesses thereto and ordered
to be recorded. And it is further ordered that said Ex-
-ecutor enter into bonds in the sum of
with as security ---
I Augustus M. Shaw being of lawful age and of
sound mind do make and Constitute this my last
will and testament - revoking all others heretofore
made.
First - It is my will that my legal debts should be paid.
Second - It is my will that my wife Mercy Shaw shall
have the sum of Twenty four dollars annually paya-
-ble quarterly if required, one Black Mare, one Cow, six
sheep, Two hogs - all the household furniture and all
the Beds and bedding.
Thirdly - It is my will that Henry B. Shaw my grandchild
should have one coalt now on the premises, one yoke
of steers - one Two horse Waggon, one Wind Mill one Cider
Mill (portable one) one Heifer now on the premises, Twelve
sheep - Four Hogs -
Fourthly - It is my will that Elizabeth S. Shaw wife of
Samuel D. Shaw should have my pleasure carriage
one horse and harness, Six sheep - four hogs -
Fifthly - It is my will that Henry B. Shaw Elizabeth S.
Shaw shall have all my real estate on which I now
reside being Thirty five acres one hundred and one
perches of land to them their heirs and assigns for-
-evermore particular descriptions reference may be
had to a Deed made by Nathaniel Field & wife
to me bearing date Jan'y 22' 1851.
Sixthly - It is my will that the sums of Five dollars
should be paid to Archibald C. Shaw, Hiram Shaw
and Sam'l D. Shaw each the sum to be paid when
called for. Seventhly - It is my will and I do hereby
constitute and appoint Samuel D. Shaw my son
Executor of this my last will & testament giving him
discretionary power in sale or otherwise of my
chattels & effects for the purpose of paying my debts.
etc. As witness my hand this sixth day of Dec. A.D. 1853.
Signed, sealed & delivered in } A. M. Shaw {Seal}
presence of Jacob Smith }
Michael Smith }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 202)
Description
[page 202]
[corresponds to page 150 of Will Book 3]
150
State of Ohio, Delaware County SS.
Court of Probate Oct. 27. 1853.
Personally appeared in open Court Jacob Smith and
Michael Smith who being duly sworn depose and say
that the paper before them purporting to be the last
will and testament of Augustus M. Shaw now deceased
was by the said Augustus M. Shaw - acknowledged, publ-
-ished and declared to be his last will and testament
in the presence of these deponents - that the said dec'
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.
Jacob Smith
Michael Smith
Sworn to and subscribed before me this 27 day
of Oct' A.D. 1853.
D. T. Fuller
Probate Judge
[corresponds to page 150 of Will Book 3]
150
State of Ohio, Delaware County SS.
Court of Probate Oct. 27. 1853.
Personally appeared in open Court Jacob Smith and
Michael Smith who being duly sworn depose and say
that the paper before them purporting to be the last
will and testament of Augustus M. Shaw now deceased
was by the said Augustus M. Shaw - acknowledged, publ-
-ished and declared to be his last will and testament
in the presence of these deponents - that the said dec'
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.
Jacob Smith
Michael Smith
Sworn to and subscribed before me this 27 day
of Oct' A.D. 1853.
D. T. Fuller
Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 203)
Description
[page 203]
[corresponds to page 151 of Will Book 3]
151
Last Will of Bartholomew Pettit dec'
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware & State of Ohio
on the 30" day of Oct. A.D. 1853.
The last will of Bartholomew Pettit late of Del-
-aware County deceased was this day produced in
open Court and William Williams and George White
the subscribing witnesses to said will - appeared and
in open Court on oaths testified to the due execution
of said will - which testimony was reduced to wri-
-ting and by them respectively subscribed and filed
with said will - And it appearing to the Court by said
testimony that said will was duly attested and exe-
-cuted - and that said testator at the time of executing
the same was of full age of sound mind and me-
-mory and not under any restraint - It is ordered
that said will and testimony be recorded. And
thereupon there being no executor in said will
named - On motion the Court Appoints William
Williams Adm' with the will annexed on said
estate. And it is ordered - that Peter Short - George White
& John Sheets appraise the personal property of
said testator - it is further ordered that said
Adm' enter into bonds with L.F. Pettit and
B.F. Loofboro as securities conditioned according
to law - D. T. Fuller Prob. Judge -
In the name of the Benevolent Father of all
I Bartholomew Pettit do make and publish this
my last will and testament -
Item 1st I give and devise unto my beloved
wife the farm on which we now reside - Situate
in Brown Township - Delaware County - Ohio -
and in Range No. 18. Township No. 5. Section No. 4.
Lot No. 6 - West part - containing 79 1/4 acres -
during her natural life and all the Stock - house
hold goods, furniture provisions, and other goods
and chattles which may be thereon at the time
of my decease - during her natural life as afo-
-resaid - She however selling enough thereof to pay
my just debts - At the death of my said wife
the real estate aforesaid & such parts of the said
personal property - or the proceeds thereof - as may
then remain unconsumed and unexpended. I
give and devise to my four daughters - Eliza Ann -
Margaret Ellen - Sarah Jane - Abi Secelia to be
sold and the proceeds equally divided between
them except so much of the amount as I give to
[corresponds to page 151 of Will Book 3]
151
Last Will of Bartholomew Pettit dec'
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware & State of Ohio
on the 30" day of Oct. A.D. 1853.
The last will of Bartholomew Pettit late of Del-
-aware County deceased was this day produced in
open Court and William Williams and George White
the subscribing witnesses to said will - appeared and
in open Court on oaths testified to the due execution
of said will - which testimony was reduced to wri-
-ting and by them respectively subscribed and filed
with said will - And it appearing to the Court by said
testimony that said will was duly attested and exe-
-cuted - and that said testator at the time of executing
the same was of full age of sound mind and me-
-mory and not under any restraint - It is ordered
that said will and testimony be recorded. And
thereupon there being no executor in said will
named - On motion the Court Appoints William
Williams Adm' with the will annexed on said
estate. And it is ordered - that Peter Short - George White
& John Sheets appraise the personal property of
said testator - it is further ordered that said
Adm' enter into bonds with L.F. Pettit and
B.F. Loofboro as securities conditioned according
to law - D. T. Fuller Prob. Judge -
In the name of the Benevolent Father of all
I Bartholomew Pettit do make and publish this
my last will and testament -
Item 1st I give and devise unto my beloved
wife the farm on which we now reside - Situate
in Brown Township - Delaware County - Ohio -
and in Range No. 18. Township No. 5. Section No. 4.
Lot No. 6 - West part - containing 79 1/4 acres -
during her natural life and all the Stock - house
hold goods, furniture provisions, and other goods
and chattles which may be thereon at the time
of my decease - during her natural life as afo-
-resaid - She however selling enough thereof to pay
my just debts - At the death of my said wife
the real estate aforesaid & such parts of the said
personal property - or the proceeds thereof - as may
then remain unconsumed and unexpended. I
give and devise to my four daughters - Eliza Ann -
Margaret Ellen - Sarah Jane - Abi Secelia to be
sold and the proceeds equally divided between
them except so much of the amount as I give to
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 204)
Description
[page 204]
[corresponds to page 152 of Will Book 3]
152
my two sons in Item 2'
Item 2' I devise and bequeath to my two
sons Jacob Firman and Ovington Dolby - five
dollars each which I consider will make them
equal with my daughters in the division of my
estate with what I heretofore gave them.
Viz - I gave to Jacob Firman by deed a part of
my real estate and to Ovington Dolby his time
before he was of age to learn his trade -
In testimony whereof I have hereunto set
my hand and seal this 7' day of Oct. A.D. 1853.
Bartholomew Pettit {Seal}
Signed & acknowledged by said Bartholomew Pettit
as his last will and testament in our presence
& signed by us in his presence
Geo White
Wm. Williams
State of Ohio }
Del - Co - SS - } Probate Court - Oct 30" 1853.
Personally appeared William Williams
and George White who subscribed as witnesses
the last will and testament - of Bartholomew Pettit
dec' and being duly sworn in open Court depose
and say that the said Bartholomew Pettit at the
time of executing said will was of lawful age
of sound and disposing mind and memory and
not acting 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
Geo White
Wm Williams
Sworn to and subscribed before me the
day and year aforesaid
D - T - Fuller
Prob Judge
[corresponds to page 152 of Will Book 3]
152
my two sons in Item 2'
Item 2' I devise and bequeath to my two
sons Jacob Firman and Ovington Dolby - five
dollars each which I consider will make them
equal with my daughters in the division of my
estate with what I heretofore gave them.
Viz - I gave to Jacob Firman by deed a part of
my real estate and to Ovington Dolby his time
before he was of age to learn his trade -
In testimony whereof I have hereunto set
my hand and seal this 7' day of Oct. A.D. 1853.
Bartholomew Pettit {Seal}
Signed & acknowledged by said Bartholomew Pettit
as his last will and testament in our presence
& signed by us in his presence
Geo White
Wm. Williams
State of Ohio }
Del - Co - SS - } Probate Court - Oct 30" 1853.
Personally appeared William Williams
and George White who subscribed as witnesses
the last will and testament - of Bartholomew Pettit
dec' and being duly sworn in open Court depose
and say that the said Bartholomew Pettit at the
time of executing said will was of lawful age
of sound and disposing mind and memory and
not acting 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
Geo White
Wm Williams
Sworn to and subscribed before me the
day and year aforesaid
D - T - Fuller
Prob Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 205)
Description
[page 205]
[corresponds to page 153 of Will Book 3]
153
Last Will of John Kent deceased
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware at his office
in the town of Delaware - County aforesaid and
State of Ohio - on the 11" day of Nov. A.D. 1853.
Nov 7" 1853. The last will and Testament of John Kent late of
Concord in the County of Delaware dec" was this day
produced in open Court by Mr. Allen attorney for the
legaters in said will, and it appearing to the satisf-
-action of the Court G Swan and J. W. T. Claypole the
subscribing witnesses to said will reside out of
the jurisdiction of this Court at Columbus
Franklin County. It is ordered that a commission
issue with the said will annexed to take the
depositions of the said G. Swan who shall
execute the same according to the Statute in
such case made and provided.
D - T - Fuller Prob Judge
Nov 8" 1853 The commission heretofore issued from this
Court with the said will of the said John Kent
annexed to take the deposition of G Swan and
J. W. T. Claypole, the subscribing witnesses thereto
was this day produced in Court with the depos-
-ition of G Swan annexed one of the subscribing
witnesses to said will - And it appearing to the
satisfaction of the Court that J. W. T. Claypole reside
in Springfield Clark County, and out of the
jurisdiction of this Court it is ordered that
a commission issue with the will annexed
to take the deposition of J. W. T. Claypole touching
the the due execution of said will to be directed to
James L. Locbert who shall execute the same
according to the Statute in such case made
and provided -
D - T - Fuller Prob Judge.
Nov 18: 1853-The commission heretofore issued from
this Court with the said will of the said John
Kent annexed, to take the deposition of G Swan
and J. W. T. Claypole - the subscribing witnesses
thereto was this day produced in open Court
and it appearing to the satisfaction of the Court from
the depositions of said subscribing witnesses to said
will and filed with said will - that the said will
was duly attested and executed and that the said
testator at the time of executing the same - was
of full age and of sound mind and memory -
[corresponds to page 153 of Will Book 3]
153
Last Will of John Kent deceased
Proceedings had before D. T. Fuller Probate Judge
in and for the County of Delaware at his office
in the town of Delaware - County aforesaid and
State of Ohio - on the 11" day of Nov. A.D. 1853.
Nov 7" 1853. The last will and Testament of John Kent late of
Concord in the County of Delaware dec" was this day
produced in open Court by Mr. Allen attorney for the
legaters in said will, and it appearing to the satisf-
-action of the Court G Swan and J. W. T. Claypole the
subscribing witnesses to said will reside out of
the jurisdiction of this Court at Columbus
Franklin County. It is ordered that a commission
issue with the said will annexed to take the
depositions of the said G. Swan who shall
execute the same according to the Statute in
such case made and provided.
D - T - Fuller Prob Judge
Nov 8" 1853 The commission heretofore issued from this
Court with the said will of the said John Kent
annexed to take the deposition of G Swan and
J. W. T. Claypole, the subscribing witnesses thereto
was this day produced in Court with the depos-
-ition of G Swan annexed one of the subscribing
witnesses to said will - And it appearing to the
satisfaction of the Court that J. W. T. Claypole reside
in Springfield Clark County, and out of the
jurisdiction of this Court it is ordered that
a commission issue with the will annexed
to take the deposition of J. W. T. Claypole touching
the the due execution of said will to be directed to
James L. Locbert who shall execute the same
according to the Statute in such case made
and provided -
D - T - Fuller Prob Judge.
Nov 18: 1853-The commission heretofore issued from
this Court with the said will of the said John
Kent annexed, to take the deposition of G Swan
and J. W. T. Claypole - the subscribing witnesses
thereto was this day produced in open Court
and it appearing to the satisfaction of the Court from
the depositions of said subscribing witnesses to said
will and filed with said will - that the said will
was duly attested and executed and that the said
testator at the time of executing the same - was
of full age and of sound mind and memory -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 206)
Description
[page 206]
[corresponds to page 154 of Will Book 3]
154
and not under any restraint - it is ordered by
the Court that said will and testimony be recorded
D. T. Fuller Prob Judge
~ Will ~
In the Name of the Benevolent Father of all I
John Kent of the County of Union & State of Ohio
knowing the uncertainty of life and desirous of disposing
of my property do make and publish this my
last will and Testament - hereby revoking and
annuling all others heretofore made -
Item First ~ I give and bequeath unto my beloved
wife Margaret in case she survives me all my property
real - personal and mixed to have and to hold the same
that is the use thereof during her natural life - and in
case she survives me - after her death the same to be
divided - distributed and paid as follows and the
same shall be divided and distributed in the same
way in case she should die before me that is to say -
Item Second - If my said wife survives me immediately
after her death or in case she dies before me, as soon
after my death as money can be collected my executor here-
-inafter named shall pay unto my son James the
sum of one hundred and thirty six dollars. And
unto my son William the sum of Four hundred
dollars - and to my son Alexander the sum of
Three hundred and Eighty two dollars - These several
amounts to be paid by my executor to my said
sons severally over and above what I have heretofore
advanced them -
Item Third - My son David having had what I deem
his share, I give and bequeath him one dollars only
to be paid if I survive my said wife Margaret
immediately after my death - and should my
said wife Margaret survive me - immediately
after my said wifes death -
Item Fourth - all the rest and residue of my property
real - personal and mixed - wheresoever & whatsoever
after my said wifes death in case she should survive
me - and after my death in case my said wife
should die before me - I will and bequeath in equal
shares to Rosanna Taylor the wife of Samuel Taylor
to Sally Kent and Detilda Kent to have and to hold
to them the said Rosannna - Sally and Detilda their
heirs and assigns forever share and share alike
alike as aforesaid -
Lastly - I do hereby appoint Charles L. Arthur to be
[corresponds to page 154 of Will Book 3]
154
and not under any restraint - it is ordered by
the Court that said will and testimony be recorded
D. T. Fuller Prob Judge
~ Will ~
In the Name of the Benevolent Father of all I
John Kent of the County of Union & State of Ohio
knowing the uncertainty of life and desirous of disposing
of my property do make and publish this my
last will and Testament - hereby revoking and
annuling all others heretofore made -
Item First ~ I give and bequeath unto my beloved
wife Margaret in case she survives me all my property
real - personal and mixed to have and to hold the same
that is the use thereof during her natural life - and in
case she survives me - after her death the same to be
divided - distributed and paid as follows and the
same shall be divided and distributed in the same
way in case she should die before me that is to say -
Item Second - If my said wife survives me immediately
after her death or in case she dies before me, as soon
after my death as money can be collected my executor here-
-inafter named shall pay unto my son James the
sum of one hundred and thirty six dollars. And
unto my son William the sum of Four hundred
dollars - and to my son Alexander the sum of
Three hundred and Eighty two dollars - These several
amounts to be paid by my executor to my said
sons severally over and above what I have heretofore
advanced them -
Item Third - My son David having had what I deem
his share, I give and bequeath him one dollars only
to be paid if I survive my said wife Margaret
immediately after my death - and should my
said wife Margaret survive me - immediately
after my said wifes death -
Item Fourth - all the rest and residue of my property
real - personal and mixed - wheresoever & whatsoever
after my said wifes death in case she should survive
me - and after my death in case my said wife
should die before me - I will and bequeath in equal
shares to Rosanna Taylor the wife of Samuel Taylor
to Sally Kent and Detilda Kent to have and to hold
to them the said Rosannna - Sally and Detilda their
heirs and assigns forever share and share alike
alike as aforesaid -
Lastly - I do hereby appoint Charles L. Arthur to be
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 207)
Description
[page 207]
[corresponds to page 155 of Will Book 3]
155
the Executor of this my last will and testament -
In testimony whereof I have hereunto set my hand
in the presence of the subscribing witnesses hereto atte-
-sting - this 16" day of June A.D. 1846. ----
his
John Kent X
mark
Signed and acknowledged to be
the last will and testament of the said
John Kent before us and in our presence
J. W. T. Claypole -
G Swan -
In presence of the annexed Dedimus on the eighth
day of Nov A-D- 1853. at the office of Gustavus Swan
in the City of Columbus - County of Franklin
Ohio - personally appeared before me Gustavus Swan
of lawful age - who being by me duly sworn depose
and says - as follows -
I am one of the subscribing witnesses to the
last will and Testament of John Kent deceased
now shown to me and hereto attached marked
(A) I saw the said John Kent sign said will
by making his mark thereto - the name of said
John Kent was written by myself for him to
attach his mark in his presence at his request
and said Kent made his said mark after I
had read over and made known to him the
contents of said will and in my presence. At
the time said John Kent executed said will
he was of full age and I believe of sound mind
and memory and under no restraint -
G Swan
The above testimony of the said Gustavus Swan
was then and there reduced to writing by me
and Sworn to and subscribed in my presence
In witness whereof I have on the same day
hereunto set my hand and seal
Joseph R. Swan
Commissioner {Seal}
In pursuance of the Dedimus hereto annexed on
the Eleventh day of November A.D. 1853, at the office
of James L. Claypole in the city of Springfield Clark
County Ohio, personally appeared before me James
T. Claypole of lawful age who being by me first duly
sworn, deposed and says as follows -
I am one of the subscribing witnesses to
the last will and testament of John Kent dec'
now shown to me and hereto attached, marked (B)
[corresponds to page 155 of Will Book 3]
155
the Executor of this my last will and testament -
In testimony whereof I have hereunto set my hand
in the presence of the subscribing witnesses hereto atte-
-sting - this 16" day of June A.D. 1846. ----
his
John Kent X
mark
Signed and acknowledged to be
the last will and testament of the said
John Kent before us and in our presence
J. W. T. Claypole -
G Swan -
In presence of the annexed Dedimus on the eighth
day of Nov A-D- 1853. at the office of Gustavus Swan
in the City of Columbus - County of Franklin
Ohio - personally appeared before me Gustavus Swan
of lawful age - who being by me duly sworn depose
and says - as follows -
I am one of the subscribing witnesses to the
last will and Testament of John Kent deceased
now shown to me and hereto attached marked
(A) I saw the said John Kent sign said will
by making his mark thereto - the name of said
John Kent was written by myself for him to
attach his mark in his presence at his request
and said Kent made his said mark after I
had read over and made known to him the
contents of said will and in my presence. At
the time said John Kent executed said will
he was of full age and I believe of sound mind
and memory and under no restraint -
G Swan
The above testimony of the said Gustavus Swan
was then and there reduced to writing by me
and Sworn to and subscribed in my presence
In witness whereof I have on the same day
hereunto set my hand and seal
Joseph R. Swan
Commissioner {Seal}
In pursuance of the Dedimus hereto annexed on
the Eleventh day of November A.D. 1853, at the office
of James L. Claypole in the city of Springfield Clark
County Ohio, personally appeared before me James
T. Claypole of lawful age who being by me first duly
sworn, deposed and says as follows -
I am one of the subscribing witnesses to
the last will and testament of John Kent dec'
now shown to me and hereto attached, marked (B)
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 208)
Description
[page 208]
[corresponds to page 156 of Will Book 3]
156
I saw the said John Kent sign the same by making
his mark and attested said will in the presence
of said testator - at the time of the execution of
said will the said John Kent was of full age - of
sound - disposing mind and memory and under
no restraint as I verily believe to be true -
J. W. T. Claypole
The above testimony of the said James T Claypole
was then and there reduced to writing by me
and sworn to and subscribed in my presence
In testimony whereof I have hereunto set my
hand and seal the 11" day of November A-D- 1853.
James L. Torbert
Commissioner {Seal}
[corresponds to page 156 of Will Book 3]
156
I saw the said John Kent sign the same by making
his mark and attested said will in the presence
of said testator - at the time of the execution of
said will the said John Kent was of full age - of
sound - disposing mind and memory and under
no restraint as I verily believe to be true -
J. W. T. Claypole
The above testimony of the said James T Claypole
was then and there reduced to writing by me
and sworn to and subscribed in my presence
In testimony whereof I have hereunto set my
hand and seal the 11" day of November A-D- 1853.
James L. Torbert
Commissioner {Seal}
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 209)
Description
[page 209]
[corresponds to page 157 of Will Book 3]
157
Last Will of Elizabeth Edmondson dec'
The State of Ohio - Delaware County ss.
Proceedings had before D. L. Fuller Probate Judge in and
for said county and state aforesaid - at his office in
the town of Delaware Del. Co. O. on the 26" day of January
A.D. 1884.
An authenticated copy of the last will and
testament of Elizabeth Edmondson late of Milford in
the County of Charles City Virginia was this day produced
in Court by John Van Deman Esqr - Atty for the Segatus in
said will named. And is appearing to the Satisfaction
of the court that the said will has been proved in said
State of Virginia according to the laws of that State
and that said will has relation to property within
the said County of Delaware. Therefore on motion
it is ordered by the records of wills for
said County of Delaware.
~ Will ~
In the name of God amen - P Elizabeth Edmondson of
Milford in the County of Charles City Virginia considering
the uncertainty of human life and being at this time in
perfect health. do make and ordain this my last will
and testament.
In the first place as unworthy as I am I
resign my soul into the hands of its Creator humbly hop-
ing for its eternal happiness not from any works of
my own but through the infinites goodness of my most
gracious God and through the merits and intercession
of our most gracious Lord and Savior Jesus Christ.
I give to my dear husband John Edmundson all the
land that I possess during his life. I also give him the
stocks and horses, cattle, hogs, sheep and furniture forever.
The my dear mama worked I desire may be given
to my sister Sarah Harrison. I give to my dear husband
the following nigroes Fed. Abraham - Charles - Pompey
Holly - Jane. Aggy - Isaac, Beckey - Nivses to dispose of as he
may think proper.
To my brother Carter B. Harrison I give Henry his wife
Betty and their children forever to my sister Sarah Harrison
I give Patty and three children Molly - Tom and Patty. to my
brother Ben's son Ben I give George . to Willie and Beckin an
Coupland I give Loe. Sarah daughter of Polly I give to Billy
Randolph Harrison - my certificates that are in the hands
of my Brother Ben I desire may be given to my husband
to dispose of as he may think proper. I lend to my dear
[corresponds to page 157 of Will Book 3]
157
Last Will of Elizabeth Edmondson dec'
The State of Ohio - Delaware County ss.
Proceedings had before D. L. Fuller Probate Judge in and
for said county and state aforesaid - at his office in
the town of Delaware Del. Co. O. on the 26" day of January
A.D. 1884.
An authenticated copy of the last will and
testament of Elizabeth Edmondson late of Milford in
the County of Charles City Virginia was this day produced
in Court by John Van Deman Esqr - Atty for the Segatus in
said will named. And is appearing to the Satisfaction
of the court that the said will has been proved in said
State of Virginia according to the laws of that State
and that said will has relation to property within
the said County of Delaware. Therefore on motion
it is ordered by the records of wills for
said County of Delaware.
~ Will ~
In the name of God amen - P Elizabeth Edmondson of
Milford in the County of Charles City Virginia considering
the uncertainty of human life and being at this time in
perfect health. do make and ordain this my last will
and testament.
In the first place as unworthy as I am I
resign my soul into the hands of its Creator humbly hop-
ing for its eternal happiness not from any works of
my own but through the infinites goodness of my most
gracious God and through the merits and intercession
of our most gracious Lord and Savior Jesus Christ.
I give to my dear husband John Edmundson all the
land that I possess during his life. I also give him the
stocks and horses, cattle, hogs, sheep and furniture forever.
The my dear mama worked I desire may be given
to my sister Sarah Harrison. I give to my dear husband
the following nigroes Fed. Abraham - Charles - Pompey
Holly - Jane. Aggy - Isaac, Beckey - Nivses to dispose of as he
may think proper.
To my brother Carter B. Harrison I give Henry his wife
Betty and their children forever to my sister Sarah Harrison
I give Patty and three children Molly - Tom and Patty. to my
brother Ben's son Ben I give George . to Willie and Beckin an
Coupland I give Loe. Sarah daughter of Polly I give to Billy
Randolph Harrison - my certificates that are in the hands
of my Brother Ben I desire may be given to my husband
to dispose of as he may think proper. I lend to my dear
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 210)
Description
[page 210]
[corresponds to page 158 of Will Book 3]
158
husband during his life my negro boy Isham - at his
death to return to my brother Ben's son Benjamin Harrison
at Mr Edmondsons death my will and desire is that my
brother Carter should have the house and land we now
live on - containing by estimation two hundred acres.
And that my brother William I. Harrison should have
the land stock Doctor Richman purchased of Tom Brown
I leave to my sister Ann Coupland my watch. I desire
to be burried by Mr. Richman and that the place may be
enclosed with a brick wall. This will written with
my own hand I sign and seal the 3rd day of May 1790.
Elizabeth Edmondson
Signed and sealed }
in the presence of~}
At a court held for Charles City County at the courthouse on
Thursday the twentieth day of January 1791.
The aforewritten last will of Elizabeth Edmondson deceased
was found to be written wholly by the deceased by the Oaths
of John Dunbar and John Calgino and ordered to be recorded.
And on the motion of John Edmonson who made oath
thereto according to lacy and together with Carter B. Harrison
his security entered into and acknowledged their Bond
In lacy directs - certificate is granted him for obtaining
letters of Administration on the estate of the said Elizabeth
with her said will annexed in due form.
Leste
Otway Byrd C.C.
A copy Leste
Edm = T. Christian Clk
State of Virginia }
Charles City County} towit=
I Edmund Thomas Christian Clerk of
the County Court of said County in the State of Virginia do
hereby certify that the foregoing is a true copy of the will of
Elizabeth Edmondson dec. as found upon the records of my
said office.
In testimony whereof I hereunto set my hand
and anlux the seal of the said Court at the
{Seal}
Courthouse this 12th day of January in the year
Eighteen hundred and fifty four
Edm @ T. Christian
Virginia }
Charles City County} towit= I John T. Stubblefield the presiding
[corresponds to page 158 of Will Book 3]
158
husband during his life my negro boy Isham - at his
death to return to my brother Ben's son Benjamin Harrison
at Mr Edmondsons death my will and desire is that my
brother Carter should have the house and land we now
live on - containing by estimation two hundred acres.
And that my brother William I. Harrison should have
the land stock Doctor Richman purchased of Tom Brown
I leave to my sister Ann Coupland my watch. I desire
to be burried by Mr. Richman and that the place may be
enclosed with a brick wall. This will written with
my own hand I sign and seal the 3rd day of May 1790.
Elizabeth Edmondson
Signed and sealed }
in the presence of~}
At a court held for Charles City County at the courthouse on
Thursday the twentieth day of January 1791.
The aforewritten last will of Elizabeth Edmondson deceased
was found to be written wholly by the deceased by the Oaths
of John Dunbar and John Calgino and ordered to be recorded.
And on the motion of John Edmonson who made oath
thereto according to lacy and together with Carter B. Harrison
his security entered into and acknowledged their Bond
In lacy directs - certificate is granted him for obtaining
letters of Administration on the estate of the said Elizabeth
with her said will annexed in due form.
Leste
Otway Byrd C.C.
A copy Leste
Edm = T. Christian Clk
State of Virginia }
Charles City County} towit=
I Edmund Thomas Christian Clerk of
the County Court of said County in the State of Virginia do
hereby certify that the foregoing is a true copy of the will of
Elizabeth Edmondson dec. as found upon the records of my
said office.
In testimony whereof I hereunto set my hand
and anlux the seal of the said Court at the
{Seal}
Courthouse this 12th day of January in the year
Eighteen hundred and fifty four
Edm @ T. Christian
Virginia }
Charles City County} towit= I John T. Stubblefield the presiding
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 211)
Description
[page 211]
[corresponds to page 159 of Will Book 3]
159
Justice for the County in the State aforesaid do hereby certify
that Edmund T. Christian who hath given the preceeding
certificate is clerk of the said Court and that this said attes-
=tation is in due form.
given under my hand this 12" day of January 1854.
John T. Stubblefield Ju Pea
Last Will of Anthony Newhouse deceased ~
Proceedings had in the Court of Common Pleas at the
Court house in the Town of Delaware - County of Delaware
and State of Ohio, before his honor Judge Bowen on the
27th day of Oct" A.D. 1851.
At a Court of Common Pleas held at the court
House at Delaware on the 27th day of Oct.. 1851 before Ozias
Bowen President and his associates ~
The following order was had and entered~ This
day the last will and testament of Anthony Newhouse
dec' was produced in court and proved by the
testimony of one of the subscribing witnesses thereto,
as reduced to writing. - And Albert Fickel Jr the
other witness thereto being since deceased. the Court
heard testimony of P.E. Buck Esqr. as to the signature
of said Rickes attached to said will, and as to the
fact of the decease of said Fickel. Whereupon the
court do order that said Proof be approved and
said will be admitted to record.
~ Will ~
In the name of God Amen. I Anthony Newhouse
of the Township of Scioto County of Delaware and
State of Ohio. being of sound mind and memory
but of advanced age and infirm body and knowing
the certainty of Death but the uncertainty of the
time thereof - do make and publish this my last
will and testament. in manner and form
following = towit: recommending my soul to God
from whom I received it. and my body to the
dust from where it came. but having a lively
hope of a glorious immortality beyond the grave
I will and dispose of my worldy goods - lands
and affairs as follows = towit =
~ Item = ~ After all my just and lawful debts
[corresponds to page 159 of Will Book 3]
159
Justice for the County in the State aforesaid do hereby certify
that Edmund T. Christian who hath given the preceeding
certificate is clerk of the said Court and that this said attes-
=tation is in due form.
given under my hand this 12" day of January 1854.
John T. Stubblefield Ju Pea
Last Will of Anthony Newhouse deceased ~
Proceedings had in the Court of Common Pleas at the
Court house in the Town of Delaware - County of Delaware
and State of Ohio, before his honor Judge Bowen on the
27th day of Oct" A.D. 1851.
At a Court of Common Pleas held at the court
House at Delaware on the 27th day of Oct.. 1851 before Ozias
Bowen President and his associates ~
The following order was had and entered~ This
day the last will and testament of Anthony Newhouse
dec' was produced in court and proved by the
testimony of one of the subscribing witnesses thereto,
as reduced to writing. - And Albert Fickel Jr the
other witness thereto being since deceased. the Court
heard testimony of P.E. Buck Esqr. as to the signature
of said Rickes attached to said will, and as to the
fact of the decease of said Fickel. Whereupon the
court do order that said Proof be approved and
said will be admitted to record.
~ Will ~
In the name of God Amen. I Anthony Newhouse
of the Township of Scioto County of Delaware and
State of Ohio. being of sound mind and memory
but of advanced age and infirm body and knowing
the certainty of Death but the uncertainty of the
time thereof - do make and publish this my last
will and testament. in manner and form
following = towit: recommending my soul to God
from whom I received it. and my body to the
dust from where it came. but having a lively
hope of a glorious immortality beyond the grave
I will and dispose of my worldy goods - lands
and affairs as follows = towit =
~ Item = ~ After all my just and lawful debts
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 212)
Description
[page 212]
[corresponds to page 160 of Will Book 3]
160
are paid and all funeral and other itinerary
expenses are settled and paid. I will and devise
that my beloved wife Nancy Newhouse dwell and
remain in the mansion on my present farm
and where I now reside, and that she possess and
enjoy the rights and privileges of the same as her
own, together with one third of the profits, and
yearly income of the farm, on which I now reside
until her death.
Item - Whereas I have five sons now living
towit. William, John, Isaac, Elijah & Samuel.
I will and devise to my fourth son Elijah, the
fifty acres of land that I purchased of Lyne Starling
on the east end of my present farms, and also
the forth five acres, that I last purchased of
Henry Massie lying on the south side of my farm.
Item - I will and devise to my fifth son Samuel
the south part of my farm being the south part of the
first purchase I made of Henry Massie beginning at
a stake in the East line, of the said first tract. I
purchased of Henry Massie aforesaid. and in the
west line of the Lyne Starling lot, then as West, with
a string of fence to a stake about six rods, west of
the mansion house, thence south twenty rods to a
stake thence West to a stake in the west line of
my present farm - thence south with the west line
to the South west corner thence East to the South
East corner of said first purchase I made of
Henry Massie - thence north to the beginning inclu-
ding the mansion house, barn, and the South part
of my said first purchase etc.
Item I will and devise to my third son Isaac
the remainder of my old farm, beginning at the
North East corner of Samuel's tract thence with his
north line to the west line of said old farm. thence
North with the West line to the North West
corner thence East to the North East corner, thence
South to the beginning, to include the North part
of my said farm.
Item = I will and devise to my two oldest
Sons William and John each the sum of one
hundred and fifty dollars, to be paid in the
following manner "towit" that my three youngest
sons shall each pay the sum of one hundred dollars
to be divided in the following manner that
Isaac shall pay William one hundred Dollars.
[corresponds to page 160 of Will Book 3]
160
are paid and all funeral and other itinerary
expenses are settled and paid. I will and devise
that my beloved wife Nancy Newhouse dwell and
remain in the mansion on my present farm
and where I now reside, and that she possess and
enjoy the rights and privileges of the same as her
own, together with one third of the profits, and
yearly income of the farm, on which I now reside
until her death.
Item - Whereas I have five sons now living
towit. William, John, Isaac, Elijah & Samuel.
I will and devise to my fourth son Elijah, the
fifty acres of land that I purchased of Lyne Starling
on the east end of my present farms, and also
the forth five acres, that I last purchased of
Henry Massie lying on the south side of my farm.
Item - I will and devise to my fifth son Samuel
the south part of my farm being the south part of the
first purchase I made of Henry Massie beginning at
a stake in the East line, of the said first tract. I
purchased of Henry Massie aforesaid. and in the
west line of the Lyne Starling lot, then as West, with
a string of fence to a stake about six rods, west of
the mansion house, thence south twenty rods to a
stake thence West to a stake in the west line of
my present farm - thence south with the west line
to the South west corner thence East to the South
East corner of said first purchase I made of
Henry Massie - thence north to the beginning inclu-
ding the mansion house, barn, and the South part
of my said first purchase etc.
Item I will and devise to my third son Isaac
the remainder of my old farm, beginning at the
North East corner of Samuel's tract thence with his
north line to the west line of said old farm. thence
North with the West line to the North West
corner thence East to the North East corner, thence
South to the beginning, to include the North part
of my said farm.
Item = I will and devise to my two oldest
Sons William and John each the sum of one
hundred and fifty dollars, to be paid in the
following manner "towit" that my three youngest
sons shall each pay the sum of one hundred dollars
to be divided in the following manner that
Isaac shall pay William one hundred Dollars.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 213)
Description
[page 213]
[corresponds to page 161 of Will Book 3]
161
and Elijah shall pay John one hundred dollars and
that Samuel shall pay to William and John each the
sum of fifty Dollars. to be paid in three years after
my decease.
Item = I will and devise to my second daughter
Elizabeth Reed the tract of land where her husband
Adanijah Reed, now resides during her natural
life, and after his death to pass to her oldest son
Anthony Reed. Agreeable to a deed heretofore made
and Executed by me, for that purpose to be considered
in full for her share of my estate.
Item = I will and devise to each of my other
four daughters. Sarah Richley, Polly Newhouse
Peggy Jackson and Ura Newhouse. the sum of fifty
dollars. making in all the sum of two hundred
dollars. to be paid by my three youngest sons.
Isaac, Ilijah and Samuel, in equal proportions
to be paid in three years after my decease. But
if my youngest daughter Ura should remain
single and live with and take care of her
mother while she lives - I will and devise
unto her an additional fifty dollars. to be
paid as above ~
Item = I will and devise that all the stock of
Horses - cattle - sheep and hogs. that may be on
the farm at my decease. remain entire on the
farm for the use and benefit of my said wife.
Nancy Newhouse, while she lives. and after her
death to be disposed of and the money arising
from the sale. to be divided among my sons &
daughters, share and share alike. but if at any
time there should be a surplus of stock on the
farm. more than is necessary and profitable to
keep - such surplus may be disposed of by my
Executors and the money arising from such
sales to be appropriated to paying off the aforesaid
legacies. however such surplus must rest in
the sound judgement and discretion of my
Executors to be hereafter named.
Item = I will and devise that if any of my
sons or daughters should die without lawful
issue - that this share shall be divided among my
remaining and surviving sons and daughters
share and share alike ~
Item = Lastly - it is my will and desire and I
hereby make it my last request that Hugh McGee
[corresponds to page 161 of Will Book 3]
161
and Elijah shall pay John one hundred dollars and
that Samuel shall pay to William and John each the
sum of fifty Dollars. to be paid in three years after
my decease.
Item = I will and devise to my second daughter
Elizabeth Reed the tract of land where her husband
Adanijah Reed, now resides during her natural
life, and after his death to pass to her oldest son
Anthony Reed. Agreeable to a deed heretofore made
and Executed by me, for that purpose to be considered
in full for her share of my estate.
Item = I will and devise to each of my other
four daughters. Sarah Richley, Polly Newhouse
Peggy Jackson and Ura Newhouse. the sum of fifty
dollars. making in all the sum of two hundred
dollars. to be paid by my three youngest sons.
Isaac, Ilijah and Samuel, in equal proportions
to be paid in three years after my decease. But
if my youngest daughter Ura should remain
single and live with and take care of her
mother while she lives - I will and devise
unto her an additional fifty dollars. to be
paid as above ~
Item = I will and devise that all the stock of
Horses - cattle - sheep and hogs. that may be on
the farm at my decease. remain entire on the
farm for the use and benefit of my said wife.
Nancy Newhouse, while she lives. and after her
death to be disposed of and the money arising
from the sale. to be divided among my sons &
daughters, share and share alike. but if at any
time there should be a surplus of stock on the
farm. more than is necessary and profitable to
keep - such surplus may be disposed of by my
Executors and the money arising from such
sales to be appropriated to paying off the aforesaid
legacies. however such surplus must rest in
the sound judgement and discretion of my
Executors to be hereafter named.
Item = I will and devise that if any of my
sons or daughters should die without lawful
issue - that this share shall be divided among my
remaining and surviving sons and daughters
share and share alike ~
Item = Lastly - it is my will and desire and I
hereby make it my last request that Hugh McGee
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 214)
Description
[page 214]
[corresponds to page 162 of Will Book 3]
162
and John Lenox Send both of the Towership of Scioto
County and State aforesaid, together with my wife
the aforesaid Nancy Newhouse, be the Executors
to execute this my last will and testament. in
conformity with the true intent and meaning
thereof.
In Witness whereof I have hereunto set my
hand and seal this 20th day of June in the year of
our Lord One thousand eight hundred and forty -
(1840)
Signed & Sealed } Anthony Newhouse {seal}
}
in the presence of }
}
James W. Crawford }
}
A Picket Jr }
The State of Ohio - Delaware County - SS.
Court of Common Please Act - term 1851
Personally appeared in open court Janes W. Crawford
who being duly sworn deposes and says that the paper
before him purporting to be the last will and
testament of Anthony Newhouse acknowledged
published and declared to be his last will and
testament in the presence of this deponet - that
the said deceased was of lawful age - that he was
of sound and disposing mind and memory.
and under no restraint as he verily believes - that
he subscribed the same as witness in the
presence and at the request of the testator. I
sworn to and subscribed James W. Crawford
in open court this 21st day of
October. A.D. 1851
G. W. Stark Clk
[corresponds to page 162 of Will Book 3]
162
and John Lenox Send both of the Towership of Scioto
County and State aforesaid, together with my wife
the aforesaid Nancy Newhouse, be the Executors
to execute this my last will and testament. in
conformity with the true intent and meaning
thereof.
In Witness whereof I have hereunto set my
hand and seal this 20th day of June in the year of
our Lord One thousand eight hundred and forty -
(1840)
Signed & Sealed } Anthony Newhouse {seal}
}
in the presence of }
}
James W. Crawford }
}
A Picket Jr }
The State of Ohio - Delaware County - SS.
Court of Common Please Act - term 1851
Personally appeared in open court Janes W. Crawford
who being duly sworn deposes and says that the paper
before him purporting to be the last will and
testament of Anthony Newhouse acknowledged
published and declared to be his last will and
testament in the presence of this deponet - that
the said deceased was of lawful age - that he was
of sound and disposing mind and memory.
and under no restraint as he verily believes - that
he subscribed the same as witness in the
presence and at the request of the testator. I
sworn to and subscribed James W. Crawford
in open court this 21st day of
October. A.D. 1851
G. W. Stark Clk
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 215)
Description
[page 215]
[corresponds to page 163 of Will Book 3]
163
Last will of Thomas Luke dec'
Proceedings had in the court of Probate of Delaware
County - Ohio. at the office of the Probate Judge in the town
of Delaware Del. Co. O on the 11" day of Feb" A.D. 1854
The last Will and testament of Thomas Luke late of the
County of Delaware was this day produced in open
court by Messrs Sweetsen and Rosette. Attorneys for the
legatees in the will named. and Ezra Griswold and
Benjamin Luke the subscribing witnesses to said
will. appeared in open court on oath testified to the
due execution of said will which testimony was
reduced to writing and by them respectively subs-
=cribed - and filed with said will. And it appearing
to the court by said testimony that said will was
duly attested and executed. and that the said
testator at the time of executing the same was
of full age of sound mind and memory and
not acting under any restraint. It is ordered
by the court that said will and testimony be
recorded.
~ Will ~
I Thomas Luke of Liberty Township Delaware County
and State of Ohio. being of sound mind and me-
mory do make and proclaim this my last will
and Testament~
First - It is my will and desire that all my
just debts be paid and discharged out of such
portion of my estate real or personal as may
be necessary for that purpose.
Secondly - I give and bequeath to my beloved
wife Lois Luke and to my daughter Sarah Luke all
the remainder of my estate both real and personal
(excepting only that portion thereof this day conveyed
by deed to my son Benjamin) for this maintainance
and support during their natural lives. and should
either decease before the other the survivor shall
enjoy the whole during her continuance in
life. and after her decease should there be any
portion thereof remaining - it is my will that it
be possessed and enjoyed equally by my two youn-
=gest sons. Thomas Luke and Henry Luke. and their
heirs forever.
Thomas Luke {Seal}
Signed - Sealed. Published and Declared
this 15" day of Oct - 1853. in presence of
E Griswold
Benjamin Luke
[corresponds to page 163 of Will Book 3]
163
Last will of Thomas Luke dec'
Proceedings had in the court of Probate of Delaware
County - Ohio. at the office of the Probate Judge in the town
of Delaware Del. Co. O on the 11" day of Feb" A.D. 1854
The last Will and testament of Thomas Luke late of the
County of Delaware was this day produced in open
court by Messrs Sweetsen and Rosette. Attorneys for the
legatees in the will named. and Ezra Griswold and
Benjamin Luke the subscribing witnesses to said
will. appeared in open court on oath testified to the
due execution of said will which testimony was
reduced to writing and by them respectively subs-
=cribed - and filed with said will. And it appearing
to the court by said testimony that said will was
duly attested and executed. and that the said
testator at the time of executing the same was
of full age of sound mind and memory and
not acting under any restraint. It is ordered
by the court that said will and testimony be
recorded.
~ Will ~
I Thomas Luke of Liberty Township Delaware County
and State of Ohio. being of sound mind and me-
mory do make and proclaim this my last will
and Testament~
First - It is my will and desire that all my
just debts be paid and discharged out of such
portion of my estate real or personal as may
be necessary for that purpose.
Secondly - I give and bequeath to my beloved
wife Lois Luke and to my daughter Sarah Luke all
the remainder of my estate both real and personal
(excepting only that portion thereof this day conveyed
by deed to my son Benjamin) for this maintainance
and support during their natural lives. and should
either decease before the other the survivor shall
enjoy the whole during her continuance in
life. and after her decease should there be any
portion thereof remaining - it is my will that it
be possessed and enjoyed equally by my two youn-
=gest sons. Thomas Luke and Henry Luke. and their
heirs forever.
Thomas Luke {Seal}
Signed - Sealed. Published and Declared
this 15" day of Oct - 1853. in presence of
E Griswold
Benjamin Luke
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 216)
Description
[page 216]
[corresponds to page 164 of Will Book 3]
164
The State of Ohio - Delaware County SS.
We Ezra Griswold and Benjamin Luke being duly
sworn according to laws in open court this 11th day
February A.D. 1853. depose and say that we were
present at the execution of the last will and
testament of Thomas Luke deceased. hereto annexed
that we saw the testator subscribed said will and
heard him publish and declare the same to be his
last will and testament - and that the said
testament was of full age and of sound mind
and memory. and not under any restraint.
and that we signed the same at his request
and in his presence.
E Griswold
Benjamin Luke
Subscribed before me
in open Court this 11th
day of February A.D. 1854
D.L. Fuller Probate Judge
[corresponds to page 164 of Will Book 3]
164
The State of Ohio - Delaware County SS.
We Ezra Griswold and Benjamin Luke being duly
sworn according to laws in open court this 11th day
February A.D. 1853. depose and say that we were
present at the execution of the last will and
testament of Thomas Luke deceased. hereto annexed
that we saw the testator subscribed said will and
heard him publish and declare the same to be his
last will and testament - and that the said
testament was of full age and of sound mind
and memory. and not under any restraint.
and that we signed the same at his request
and in his presence.
E Griswold
Benjamin Luke
Subscribed before me
in open Court this 11th
day of February A.D. 1854
D.L. Fuller Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 217)
Description
[page 217]
[corresponds to page 165 of Will Book 3]
165
Transfer of Bk" Stock B Meeker to S. D. Flogg ~
I Benjamin Meeker of Lafayette Lippecanoe
County In. have this day sold and by these presents
do sell to Samuel D. Flogg of Buffalons New York in
consideration of Two hundred dollars in hand.
paid - The Bank Stock in one of the Ohio State
Banks amounting to Two hundred dollars as
described in the last will and testament of Forest
Meeker my father and which will & testament
is on record on the records of Delaware County
and State of Ohio. which Bank Stock is by the
said will and testament of my father - devised
to me on the death of my step mother now
living in Union County, Ohio. The said stock
being hereby by me transfered to said Samuel
D. Flogg of Buffalons N.Y. and the Bank is hereby
authorized on the death of my said Step mother
to transfer on the Books of said Bank to the
said Samuel D. Flogg
Witness my hand and Seal this 20th day of
January A.D. 1854
Attest Benjamin Meeker {Seal}
F.G. Warren
[corresponds to page 165 of Will Book 3]
165
Transfer of Bk" Stock B Meeker to S. D. Flogg ~
I Benjamin Meeker of Lafayette Lippecanoe
County In. have this day sold and by these presents
do sell to Samuel D. Flogg of Buffalons New York in
consideration of Two hundred dollars in hand.
paid - The Bank Stock in one of the Ohio State
Banks amounting to Two hundred dollars as
described in the last will and testament of Forest
Meeker my father and which will & testament
is on record on the records of Delaware County
and State of Ohio. which Bank Stock is by the
said will and testament of my father - devised
to me on the death of my step mother now
living in Union County, Ohio. The said stock
being hereby by me transfered to said Samuel
D. Flogg of Buffalons N.Y. and the Bank is hereby
authorized on the death of my said Step mother
to transfer on the Books of said Bank to the
said Samuel D. Flogg
Witness my hand and Seal this 20th day of
January A.D. 1854
Attest Benjamin Meeker {Seal}
F.G. Warren
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 218)
Description
[page 218]
[corresponds to page 166 of Will Book 3]
166 Last Will of John Lennox deceased
Proceedings had in the Court of Probate in and
for the County of Delaware at the office of the Probate
Judge in the Town of Delaware Del. Co. Oh. on the 22nd
day of February A.D. 1854
The last will and testament of John Lennox
late of Delaware County dec' was this day produced
in Court by Richard Lennox in obedience to an
order of the Court made in this Cast I Margaret
Kyle William M. Warren and William McIntire the
subscribing witnesses thereto said will appeared
and in open court testified to the due execution
of said will which testimony was reduced to
writing and by them respecteively subscribed &
filed with said will. And it appearing to the
Court by said will testimony and that the said
testator at the time of exectuing the same. was
of full age of sound mind and memory and
not under any restraint it is ordered by the
Court at that said will and testimony be recorded.
Wherefore Wm M. Warren the executor in said will
named appeared in Court and signified his acc-
=eptance of the trust of executing said will. It
is therefore further ordered. that letters testa-
=mentary be issued to him. on his giving bonds
in the sum of $6000.00 with Richard Lennox
and H. W. Chambertain as sureties. conditioned
according to laws. The Court approving Jacob
Haskins, H.C. Kinney and Thomas Savender
appraisers of the personal estate of said Testator.
D. T. Fuller Prob" Judge.
Will
In the name of the Benevolent father of all men.
I John Lennox of the County of Delaware and
State of Ohio. being of sound mind and memory
and considering the uncertainty of this paid and
transitory life. do therefore make ordain. publish
and declare this to be my last will & testament
That is to say.
First - After all my lawful debts are
paid and discharged the residue of my estate
(being personal) I give bequeath and dispose of
as follows "towit"
To my son John T. Lenox the sum
of Twenty dollars. To my son Luke Lenox the
sum of three hundred and fifty dollars
[corresponds to page 166 of Will Book 3]
166 Last Will of John Lennox deceased
Proceedings had in the Court of Probate in and
for the County of Delaware at the office of the Probate
Judge in the Town of Delaware Del. Co. Oh. on the 22nd
day of February A.D. 1854
The last will and testament of John Lennox
late of Delaware County dec' was this day produced
in Court by Richard Lennox in obedience to an
order of the Court made in this Cast I Margaret
Kyle William M. Warren and William McIntire the
subscribing witnesses thereto said will appeared
and in open court testified to the due execution
of said will which testimony was reduced to
writing and by them respecteively subscribed &
filed with said will. And it appearing to the
Court by said will testimony and that the said
testator at the time of exectuing the same. was
of full age of sound mind and memory and
not under any restraint it is ordered by the
Court at that said will and testimony be recorded.
Wherefore Wm M. Warren the executor in said will
named appeared in Court and signified his acc-
=eptance of the trust of executing said will. It
is therefore further ordered. that letters testa-
=mentary be issued to him. on his giving bonds
in the sum of $6000.00 with Richard Lennox
and H. W. Chambertain as sureties. conditioned
according to laws. The Court approving Jacob
Haskins, H.C. Kinney and Thomas Savender
appraisers of the personal estate of said Testator.
D. T. Fuller Prob" Judge.
Will
In the name of the Benevolent father of all men.
I John Lennox of the County of Delaware and
State of Ohio. being of sound mind and memory
and considering the uncertainty of this paid and
transitory life. do therefore make ordain. publish
and declare this to be my last will & testament
That is to say.
First - After all my lawful debts are
paid and discharged the residue of my estate
(being personal) I give bequeath and dispose of
as follows "towit"
To my son John T. Lenox the sum
of Twenty dollars. To my son Luke Lenox the
sum of three hundred and fifty dollars
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 219)
Description
[page 219]
[corresponds to page 167 of Will Book 3]
167
To my daughter Margaret R. Watson the sum of
Four Hundred dollars. To my daughter Susannah
Fagley the sum of Four hundred dollars. To my
daughter Mary Wilson the sum of Four hundred
dollars and my buggy and harness. To my son
Elijah N. Lenox my mare and bed and bedding.
I will - give & bequeath and devise all all the rest
residue and remainder of my estate to be divided
equally between my two sons Richard Lenox and
Elijah N. Lenox. share and share alike~
I will also to my son Luke Lenox a release
of his obligation on the article as bond for rent in
the hands of Joseph Mangans Esqr.
Likewise I make constitute and appoint Wm
M. Warrn to be Executor of this my last will and
testament hereby revoking all former wills by me
made - In Witness whereof I have herunto
subscribed my name and affixed my seal
this 15th January A.D. 1854
Attest John Lenox {Seal}
Wm McIntire signed by request
Margaret Kyle Wm McIntire
State of Ohio - Del. Co. SS.
Probate Court Feb 1854
Personally appeared in open Court the undersigned
Wm McIntire - Margaret Kyle and Wm M. Warren
who being duly sworn upon their oaths say that
the paper now here produced in Court - purpo-
rting to be the last will and testament of John
Lenox bearing date the 15th of January 1854, was
on the day of the date thereof in said County
declared and published by the said John Lenox
as his last will and testament. That he then &
there in the presence of these deponents signed
his name thereto as such.
that these deponents and then and there at his request
& in his presence and in the presence of each other
signed their names thereto as witnesses. that
the said John Lenox was at the time of the exec-
ution of said will of full age - of sound mind &
memory. and not under any restraint as they
verily believe.
Sworn to & subscribed } Wm M. Warren
}
in open Court this 24" day } Ma" Kyle
}
D. T. fuller Prob Judge } Wm McIntire
[corresponds to page 167 of Will Book 3]
167
To my daughter Margaret R. Watson the sum of
Four Hundred dollars. To my daughter Susannah
Fagley the sum of Four hundred dollars. To my
daughter Mary Wilson the sum of Four hundred
dollars and my buggy and harness. To my son
Elijah N. Lenox my mare and bed and bedding.
I will - give & bequeath and devise all all the rest
residue and remainder of my estate to be divided
equally between my two sons Richard Lenox and
Elijah N. Lenox. share and share alike~
I will also to my son Luke Lenox a release
of his obligation on the article as bond for rent in
the hands of Joseph Mangans Esqr.
Likewise I make constitute and appoint Wm
M. Warrn to be Executor of this my last will and
testament hereby revoking all former wills by me
made - In Witness whereof I have herunto
subscribed my name and affixed my seal
this 15th January A.D. 1854
Attest John Lenox {Seal}
Wm McIntire signed by request
Margaret Kyle Wm McIntire
State of Ohio - Del. Co. SS.
Probate Court Feb 1854
Personally appeared in open Court the undersigned
Wm McIntire - Margaret Kyle and Wm M. Warren
who being duly sworn upon their oaths say that
the paper now here produced in Court - purpo-
rting to be the last will and testament of John
Lenox bearing date the 15th of January 1854, was
on the day of the date thereof in said County
declared and published by the said John Lenox
as his last will and testament. That he then &
there in the presence of these deponents signed
his name thereto as such.
that these deponents and then and there at his request
& in his presence and in the presence of each other
signed their names thereto as witnesses. that
the said John Lenox was at the time of the exec-
ution of said will of full age - of sound mind &
memory. and not under any restraint as they
verily believe.
Sworn to & subscribed } Wm M. Warren
}
in open Court this 24" day } Ma" Kyle
}
D. T. fuller Prob Judge } Wm McIntire
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 220)
Description
[page 220]
[corresponds to page 168 of Will Book 3]
168 Last Will of Evan Houghs dec'
Proceedings had in the Court of Probate in and
for the County of Delaware and State of Ohio. at
the office of the Probate Judge in the town of Delaw-
are Del. Co. O ~ on the 20th day of March A.D. 1854
The last will and testament of Evan Houghs late
of said County dec' was this day produced in
Court. by Missro Powell & Buck Attorneys for
Executors in said will named and David E.
Jones and David Cadwallader the subscribing
witnesses to said will appeared and in open
court on oath testified to the due execution of said
will which testimony was reduced to writing &
that said will was duly attested. & Executed &
that said testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint. It is ordered by
the Court that said will and testimony be recorded
Wherefore Ann Houghs and Joseph Houghs executors
in said Will named appeared in Court I signed
this acceptance of the trust of executing said
will. it is therefore further ordered that letters
testamentary be issued to them upon their giving
bonds in the sum of $5000.00 with David E.
Jones and David Cadwallader as sureties.
conditioned according to laws the Court appoint
Robert Evans - John Humphrys & John James
appraisers of the personal property of said Testator.
D. T. Fuller
Probate Judge
~ Will ~
In view of my appproaching mortality and
with a firm reliance in the goodness of providence
I Evan Houghs of Radnor in Delaware County Ohio
do now make declare and publish the following
as my last will and testament. "towit"
1st I give and bequeath & devise to my beloved
wife Ann Houghs in lieu of Dower and during
his natural life the full one third of all my
property to be secured to her in the following
manner - she shall have as her own absolute
property all my household furniture and
wearing apparrel. During the life time of my
said wife I give the use of my farm on which
I now reside containing about 100 acres. to
[corresponds to page 168 of Will Book 3]
168 Last Will of Evan Houghs dec'
Proceedings had in the Court of Probate in and
for the County of Delaware and State of Ohio. at
the office of the Probate Judge in the town of Delaw-
are Del. Co. O ~ on the 20th day of March A.D. 1854
The last will and testament of Evan Houghs late
of said County dec' was this day produced in
Court. by Missro Powell & Buck Attorneys for
Executors in said will named and David E.
Jones and David Cadwallader the subscribing
witnesses to said will appeared and in open
court on oath testified to the due execution of said
will which testimony was reduced to writing &
that said will was duly attested. & Executed &
that said testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint. It is ordered by
the Court that said will and testimony be recorded
Wherefore Ann Houghs and Joseph Houghs executors
in said Will named appeared in Court I signed
this acceptance of the trust of executing said
will. it is therefore further ordered that letters
testamentary be issued to them upon their giving
bonds in the sum of $5000.00 with David E.
Jones and David Cadwallader as sureties.
conditioned according to laws the Court appoint
Robert Evans - John Humphrys & John James
appraisers of the personal property of said Testator.
D. T. Fuller
Probate Judge
~ Will ~
In view of my appproaching mortality and
with a firm reliance in the goodness of providence
I Evan Houghs of Radnor in Delaware County Ohio
do now make declare and publish the following
as my last will and testament. "towit"
1st I give and bequeath & devise to my beloved
wife Ann Houghs in lieu of Dower and during
his natural life the full one third of all my
property to be secured to her in the following
manner - she shall have as her own absolute
property all my household furniture and
wearing apparrel. During the life time of my
said wife I give the use of my farm on which
I now reside containing about 100 acres. to
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 221)
Description
[page 221]
[corresponds to page 169 of Will Book 3]
169
my son Joseph Houghs together with all the stock
farming utensils and personal property. thereon and
thereto belonging one third of the income and process
thereof the said Joseph shall give and account for
the same to my said wife during her life time.
he (said Joseph) shall also furnish to and for my
wife all necessary room - lodging - clothing and
attendance during her said life time at and in
my Dwelling house on the said farm so that
she shall be by him will and comfortably cared
for supporter and provided for.
2nd Subject to the payment of my just debts and
to the support and maintainence of my said
wife and subject to the gifts and bequests
herein after contained to my other children. I
give bequeath and devise unto my son Jospeh
Houghs my aforesaid farm. and all other property
both personal and real but the farm not to be
his own property until after the death of my
said wife. should it become desirable
during the life time of my said wife to sell
and convey the said farm. I will and consent
that my executors should do so. so that the
money and proceeds arising therefrom. be
securely put to interest. and the interest aris-
=ing therefrom paid to my wife during her life
time. and after her death such money and
property to be the absolute property of my s @
son Joseph.
3rd After the death of my wife it is my will &
bequest that there be paid out of my estate by my
Exectors - and to my other children in the following
manner. which sums and bequests shall be &
remain a charge on my farm until paid.
that is to say, to my daughter Mary Owens
the sum of Four hundred dollars ($400) to my
daughter Margaret Ann McJenkins the like sum
of Four hundred dollars. to my daughter Eliz-
abeth Houghs. the sum of four hundred and fifty
dollars. ($450) and to my daughter Sarah
Jane Houghs. the like sum of Four hundred &
fifty dollars ($450) all to be paid to them
respectively on their personal respresentations at
the death of my said wife by my executors.
And the same in the mean time to be and
remain a lien on my said farm.
[corresponds to page 169 of Will Book 3]
169
my son Joseph Houghs together with all the stock
farming utensils and personal property. thereon and
thereto belonging one third of the income and process
thereof the said Joseph shall give and account for
the same to my said wife during her life time.
he (said Joseph) shall also furnish to and for my
wife all necessary room - lodging - clothing and
attendance during her said life time at and in
my Dwelling house on the said farm so that
she shall be by him will and comfortably cared
for supporter and provided for.
2nd Subject to the payment of my just debts and
to the support and maintainence of my said
wife and subject to the gifts and bequests
herein after contained to my other children. I
give bequeath and devise unto my son Jospeh
Houghs my aforesaid farm. and all other property
both personal and real but the farm not to be
his own property until after the death of my
said wife. should it become desirable
during the life time of my said wife to sell
and convey the said farm. I will and consent
that my executors should do so. so that the
money and proceeds arising therefrom. be
securely put to interest. and the interest aris-
=ing therefrom paid to my wife during her life
time. and after her death such money and
property to be the absolute property of my s @
son Joseph.
3rd After the death of my wife it is my will &
bequest that there be paid out of my estate by my
Exectors - and to my other children in the following
manner. which sums and bequests shall be &
remain a charge on my farm until paid.
that is to say, to my daughter Mary Owens
the sum of Four hundred dollars ($400) to my
daughter Margaret Ann McJenkins the like sum
of Four hundred dollars. to my daughter Eliz-
abeth Houghs. the sum of four hundred and fifty
dollars. ($450) and to my daughter Sarah
Jane Houghs. the like sum of Four hundred &
fifty dollars ($450) all to be paid to them
respectively on their personal respresentations at
the death of my said wife by my executors.
And the same in the mean time to be and
remain a lien on my said farm.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 222)
Description
[page 222]
[corresponds to page 170 of Will Book 3]
170
4th I appoint and constitute my wife Ann
Houghs and my said son Joseph Houghs Executrix
and Executor of this my last will and testament.
It is also my will and desire that what house
hold furniture which may be left by my wife
at her death which now belongs to me. should
so go to and be equally divided between my
two youngest daughters, Sarah Ann and Elizabeth
Houghs as their own absolute property.
Made and published this 11th day of Jany" 1854.
his
signed & published by Evan X Houghs
said Evan Houghs as mark
his last will and testament in the presence of the
undersigned witnesses, who in his presence at
his request and in the presence of each other have
signed our names as witnesses hereto on the
day and year above written.
David E. Jones
David Cadwallader
State of Ohio - Delaware county SS.
Probate court Mch 20th 1854
Personally appeared David E. Jones and David
Cadwallader who being duly sworn in open court
despose and say that the paper before them purpor-
ting to be the last will of Evan Houghs deceased
was by the said Evan Houghs acknowledged published
and declared to be his last will and testament
in our presence. that said testator was at the
time of executing the same of lawful age of sound
mind and memory and under no restraint as
they verily believe and further that we signed
the same as witnesses thereby in the presence
and at the request of the testator and in the
presence of each other.
David E. Jones
David Cadwallader
Sworn to and Subscribed in open court
the day and year above written.
D.T. Fuller
Probate Judge.
[corresponds to page 170 of Will Book 3]
170
4th I appoint and constitute my wife Ann
Houghs and my said son Joseph Houghs Executrix
and Executor of this my last will and testament.
It is also my will and desire that what house
hold furniture which may be left by my wife
at her death which now belongs to me. should
so go to and be equally divided between my
two youngest daughters, Sarah Ann and Elizabeth
Houghs as their own absolute property.
Made and published this 11th day of Jany" 1854.
his
signed & published by Evan X Houghs
said Evan Houghs as mark
his last will and testament in the presence of the
undersigned witnesses, who in his presence at
his request and in the presence of each other have
signed our names as witnesses hereto on the
day and year above written.
David E. Jones
David Cadwallader
State of Ohio - Delaware county SS.
Probate court Mch 20th 1854
Personally appeared David E. Jones and David
Cadwallader who being duly sworn in open court
despose and say that the paper before them purpor-
ting to be the last will of Evan Houghs deceased
was by the said Evan Houghs acknowledged published
and declared to be his last will and testament
in our presence. that said testator was at the
time of executing the same of lawful age of sound
mind and memory and under no restraint as
they verily believe and further that we signed
the same as witnesses thereby in the presence
and at the request of the testator and in the
presence of each other.
David E. Jones
David Cadwallader
Sworn to and Subscribed in open court
the day and year above written.
D.T. Fuller
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 223)
Description
[page 223]
[corresponds to page 171 of Will Book 3]
Last Will of John W. Warden deceased ~ 171
State of Ohio - Knox County SS.
I Samuel F. Gilcrest Judge of the Court of Probate in
and for said County hereby certify that in the records
of Wills in my office the following had thereon "towit"
The State of Ohio - Knox County SS.
Be it remembered that heretofore "towit" at a Court
of Common Pleas holden on the before the Honorable
Jacob Parker President Judge and William C. Davis
William Rivers and Isaac N. Richardson associate
Judges of said Court on the 4th day of Nov A.D. one
thousand Eight hundred and forty two. Be it rem-
emebered that on this day the last will & testament
of John W. Warden dec'd was produced in Court and
Elliott C. Vose and George Winne 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 and
testament and that in the presence and at the
express direction of the testator they signed the
same as witnesses and the said witnesses
[corresponds to page 171 of Will Book 3]
Last Will of John W. Warden deceased ~ 171
State of Ohio - Knox County SS.
I Samuel F. Gilcrest Judge of the Court of Probate in
and for said County hereby certify that in the records
of Wills in my office the following had thereon "towit"
The State of Ohio - Knox County SS.
Be it remembered that heretofore "towit" at a Court
of Common Pleas holden on the before the Honorable
Jacob Parker President Judge and William C. Davis
William Rivers and Isaac N. Richardson associate
Judges of said Court on the 4th day of Nov A.D. one
thousand Eight hundred and forty two. Be it rem-
emebered that on this day the last will & testament
of John W. Warden dec'd was produced in Court and
Elliott C. Vose and George Winne 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 and
testament and that in the presence and at the
express direction of the testator they signed the
same as witnesses and the said witnesses
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 224)
Description
[page 224]
[corresponds to page 172 of Will Book 3]
172
being further interrogated depose and say that the
said testator at the time of signing said will was
of sound mind and memory of full age and
not under any restraint to the best of their belief.
Whereupon is appearing to the court that said will
was only executed - and the proof aforesaid being
reduced to writing. It is ordered that letters
testamentary issue to Alexander Elliott & Samuel
P. Warden the Executors in said will names.
Upon their entering into Bonds in the sum of
Twenty thousand dollars with Daniel S. Norton
and Samuel Elliott who are approved of as
Bail. And it is further ordered that Jacob Weaver
Wm E. Davidson and E. G. Woodward appraise the
personal Estate of said decd And it is further ordered
that the clerk record said will and the proof above
taken - which said will and proof reads in the
words and figures following "towit"
~ Will ~
I John W. Warden of Knox County Ohio do make
and publish this my last will and testament ~
I give and devise all my Estate both real and
personal / not hereinafter otherwise disposes of, to
Alexander Elliott and Samuel P. Warden of Knox
County, Ohio and the survivor of them for the
use and purpose hereinafter specified and I do
hereby appoint Alexander Elliott & Samuel P. Warden
and the survivor of them my executors to carry into
effect this my last will. I ordain and direct that
my debts be first paid and that my executors
collect all the debts due to me. and at such time
and in such manner as they may deem proper to
sell and by deed or deeds to convey any or all of my
Real Estate (not specially by this will devised,
whether held by equitable or legal title. and Thereby
authorize my Executors and the survivor of them to
make and execute deeds of conveyance for and
to all and every person to whom I have sold land
on their presentation of the title Bonds by which
they hold the same and paying to my executors
the Balances which may remain unpaid. The farm
in Wayne Township - Knox County - Ohio - on which
Thomas Prather now resides. I give and devise as
follows to the said Thomas Prather and Rachael
his wife for and during this natural live.
Yet the bequeath to the said Thomas on this
[corresponds to page 172 of Will Book 3]
172
being further interrogated depose and say that the
said testator at the time of signing said will was
of sound mind and memory of full age and
not under any restraint to the best of their belief.
Whereupon is appearing to the court that said will
was only executed - and the proof aforesaid being
reduced to writing. It is ordered that letters
testamentary issue to Alexander Elliott & Samuel
P. Warden the Executors in said will names.
Upon their entering into Bonds in the sum of
Twenty thousand dollars with Daniel S. Norton
and Samuel Elliott who are approved of as
Bail. And it is further ordered that Jacob Weaver
Wm E. Davidson and E. G. Woodward appraise the
personal Estate of said decd And it is further ordered
that the clerk record said will and the proof above
taken - which said will and proof reads in the
words and figures following "towit"
~ Will ~
I John W. Warden of Knox County Ohio do make
and publish this my last will and testament ~
I give and devise all my Estate both real and
personal / not hereinafter otherwise disposes of, to
Alexander Elliott and Samuel P. Warden of Knox
County, Ohio and the survivor of them for the
use and purpose hereinafter specified and I do
hereby appoint Alexander Elliott & Samuel P. Warden
and the survivor of them my executors to carry into
effect this my last will. I ordain and direct that
my debts be first paid and that my executors
collect all the debts due to me. and at such time
and in such manner as they may deem proper to
sell and by deed or deeds to convey any or all of my
Real Estate (not specially by this will devised,
whether held by equitable or legal title. and Thereby
authorize my Executors and the survivor of them to
make and execute deeds of conveyance for and
to all and every person to whom I have sold land
on their presentation of the title Bonds by which
they hold the same and paying to my executors
the Balances which may remain unpaid. The farm
in Wayne Township - Knox County - Ohio - on which
Thomas Prather now resides. I give and devise as
follows to the said Thomas Prather and Rachael
his wife for and during this natural live.
Yet the bequeath to the said Thomas on this
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 225)
Description
[page 225]
[corresponds to page 173 of Will Book 3]
173
express condition that he shall in no way whatever
sell, dispose of or incumber any interest in said land.
nor shall the proceeds arising thereout or the said
land become in any way subject to any debts or
contracts of the said Thomas. wither directly or
indirectly - but the rents and projects should be
applied solely for the support of his family, and for no
other purpose. On the death of the said Thomas and
Rachael the Estate shall rest in fee simple in the
children of the said Thomas which he may have by
the said Rachal to them their heirs and assign
forever. subject however to a lien on said lands.
in favor of my estate of Two hundred dollars with
interest from the 1st day of September A.D. 1833. with
the amount of taxes and interest thereon which
I have yearly and every year paid on said land
and which may be herafter paid by myself
or my Executor. I give and devise to Delilah
Engle the farm which I bought of Andrew Walker
for and during her natural life the remainder
after her decease I give and devise to her son
Clarence to him his heirs and assigns forever.
I also give and devise to Clarence the farm
in which Tomas Ellwell now resides in Howard
Township Knox County Ohio. to him his heirs &
assigns forever. I also give and devise to the said
Clarence all my interest in the land and mill
property both real and personal which I own
in Howard Towsnship - Knox County Ohio together
with all my seperate stock of horses, sheep and
cattle. which are on the farm. which I have above
devised to his mother. And I hereby appoint
Alexander Elliott as Guardian and trustee of
the person and property of the said Clarence
above described and requiring the said Alex-
=ander Elliott to cause the said Clarence to
receive a thorough and liberal college edu-
cation to be defrayed alot of the proceeds of the
property herby devised to the said Clarence
I further direct that the personal property which
I may have on said farm. above devised to
Delilah Engle and which is not devised to
her son Clarence shall belong to said Delilah
absolutely and that she retain the use and
control of the personal property on said farm
which is above devised to her son Clarence.
[corresponds to page 173 of Will Book 3]
173
express condition that he shall in no way whatever
sell, dispose of or incumber any interest in said land.
nor shall the proceeds arising thereout or the said
land become in any way subject to any debts or
contracts of the said Thomas. wither directly or
indirectly - but the rents and projects should be
applied solely for the support of his family, and for no
other purpose. On the death of the said Thomas and
Rachael the Estate shall rest in fee simple in the
children of the said Thomas which he may have by
the said Rachal to them their heirs and assign
forever. subject however to a lien on said lands.
in favor of my estate of Two hundred dollars with
interest from the 1st day of September A.D. 1833. with
the amount of taxes and interest thereon which
I have yearly and every year paid on said land
and which may be herafter paid by myself
or my Executor. I give and devise to Delilah
Engle the farm which I bought of Andrew Walker
for and during her natural life the remainder
after her decease I give and devise to her son
Clarence to him his heirs and assigns forever.
I also give and devise to Clarence the farm
in which Tomas Ellwell now resides in Howard
Township Knox County Ohio. to him his heirs &
assigns forever. I also give and devise to the said
Clarence all my interest in the land and mill
property both real and personal which I own
in Howard Towsnship - Knox County Ohio together
with all my seperate stock of horses, sheep and
cattle. which are on the farm. which I have above
devised to his mother. And I hereby appoint
Alexander Elliott as Guardian and trustee of
the person and property of the said Clarence
above described and requiring the said Alex-
=ander Elliott to cause the said Clarence to
receive a thorough and liberal college edu-
cation to be defrayed alot of the proceeds of the
property herby devised to the said Clarence
I further direct that the personal property which
I may have on said farm. above devised to
Delilah Engle and which is not devised to
her son Clarence shall belong to said Delilah
absolutely and that she retain the use and
control of the personal property on said farm
which is above devised to her son Clarence.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 226)
Description
[page 226]
[corresponds to page 174 of Will Book 3]
174
as long as she remain in the custody and care
of her said son and at any time to dispose of
any or all part of said property the same for
the support of herself and said Clarence. I further
direct that the sum of Five hundred dollars be
paid out of my Estate to the Ohio life and trust
Company to extinguish a mortgage on said farm
which I bought of Andrew Walker and which
incumberence was given by said Walker and
my Executors shall pay the interest on the same
until said mortgage is discharged. should the
said Clarence however die before he arrives at
the age of Twenty years. then the whole of the property
above devised to him shall go to and form a part
of the remaining Bulk of my estate to be disposed
of by my Executors as hereinafter directed and upon
his death if before the age of Twenty one years my
Executors shall pay to his mother the sum of
Eight hundred dollars, if she be then living.
All and every the remainder of my property both
real and personal (not above devisted) said Executors
shall distribute as the proceeds thereof. among my
sisters. Mary - Rachael and Ellen. and my brothers
Henry and Samuel. The said Samuel and Henry
first bringing into Hatch part or accounting for
the share which I heretofore conveyed to them in
the Mill property in Howard Township aforesaid.
share and share alike ~
In testimony whereof I have written this with
my own hand and hereunto set my seal this 4th
day of August A.D. 1841
John W. Warden {seal}
Signed, sealed and delivered
to be the last will and testament of the said
Testator and Executed in our presence
Elliott C. Vose
George Winne
Court of Common Pleas Knox Co. Ohio
Act" term A.D. 1842
Be it remembered that in this day the last will and
testament of John W. Warden dec'd was produced in
open Court and Elliott C. Vose & George Winne
the subscribing witnesses thereto being in open court
duly sworn and interrogated depose and say
that they saw the said John W. Warden dec'd sign
[corresponds to page 174 of Will Book 3]
174
as long as she remain in the custody and care
of her said son and at any time to dispose of
any or all part of said property the same for
the support of herself and said Clarence. I further
direct that the sum of Five hundred dollars be
paid out of my Estate to the Ohio life and trust
Company to extinguish a mortgage on said farm
which I bought of Andrew Walker and which
incumberence was given by said Walker and
my Executors shall pay the interest on the same
until said mortgage is discharged. should the
said Clarence however die before he arrives at
the age of Twenty years. then the whole of the property
above devised to him shall go to and form a part
of the remaining Bulk of my estate to be disposed
of by my Executors as hereinafter directed and upon
his death if before the age of Twenty one years my
Executors shall pay to his mother the sum of
Eight hundred dollars, if she be then living.
All and every the remainder of my property both
real and personal (not above devisted) said Executors
shall distribute as the proceeds thereof. among my
sisters. Mary - Rachael and Ellen. and my brothers
Henry and Samuel. The said Samuel and Henry
first bringing into Hatch part or accounting for
the share which I heretofore conveyed to them in
the Mill property in Howard Township aforesaid.
share and share alike ~
In testimony whereof I have written this with
my own hand and hereunto set my seal this 4th
day of August A.D. 1841
John W. Warden {seal}
Signed, sealed and delivered
to be the last will and testament of the said
Testator and Executed in our presence
Elliott C. Vose
George Winne
Court of Common Pleas Knox Co. Ohio
Act" term A.D. 1842
Be it remembered that in this day the last will and
testament of John W. Warden dec'd was produced in
open Court and Elliott C. Vose & George Winne
the subscribing witnesses thereto being in open court
duly sworn and interrogated depose and say
that they saw the said John W. Warden dec'd sign
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 227)
Description
[page 227]
[corresponds to page 175 of Will Book 3]
175
the said Will and heard him acknowledge the same
to be his last will and testament and that in the presence
and at 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
and memory - of full age and not under any restraint
to the best of their knowledge and belief.
Elliott C. Vose
George Winne
State of Ohio - Knox County SS.
I Samuel F. Gilcrest Judge of said Probate
Court hereby certify the foregoing to be a correct
copy of the last will and testament of John W. Warden
dec'd and the proceedings had thereon us form &
recorded in my office.
In witness whereof I have heron to set
{seal} my name and affixed the seal of said
court at Mt Vernon this 11" day of Mch
A.D. 1854
Samuel F. Gilcrest
Probate Judge, K.C.O
[corresponds to page 175 of Will Book 3]
175
the said Will and heard him acknowledge the same
to be his last will and testament and that in the presence
and at 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
and memory - of full age and not under any restraint
to the best of their knowledge and belief.
Elliott C. Vose
George Winne
State of Ohio - Knox County SS.
I Samuel F. Gilcrest Judge of said Probate
Court hereby certify the foregoing to be a correct
copy of the last will and testament of John W. Warden
dec'd and the proceedings had thereon us form &
recorded in my office.
In witness whereof I have heron to set
{seal} my name and affixed the seal of said
court at Mt Vernon this 11" day of Mch
A.D. 1854
Samuel F. Gilcrest
Probate Judge, K.C.O
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 228)
Description
[page 228]
[corresponds to page 176 of Will Book 3]
176 Last Will of John Canady
Will
In the name of the supreme Father of the Uni-
verse I John Canady of the County of Delaware
State of Ohio being of sound mind but feeble
health do make this my last will & testament.
Item - I give and bequeath unto my present
wife Bethsheba one promissory note signed by
John Elmore calling for Two hundred and twenty
two dollars dated May 12 A.D. 1853 also two
promissory notes signed by Wm G. Mc Farlin
each calling for Fifty dollars and dated March
7" 1854. Also so much of the notes that I
hold against Albert Links as may be necessary
to finish paying for the farm on which I now
reside "viz" three hundred dollars with interest
that may be due. which money must be appro-
=priated to the purpose above stated. Also all
my horses, one buggy and harness. all my
cattle - hogs and sheep and all my other articles of personal
property in my possession excepting other
promissory notes - Also I grant his exclusion
prossession of the farm on which I now reside
to hold the same with the appurtenances during
her life time. & at her decease the said farm
descend to my sone James K. Polk
Item - I will that all my children now living
[corresponds to page 176 of Will Book 3]
176 Last Will of John Canady
Will
In the name of the supreme Father of the Uni-
verse I John Canady of the County of Delaware
State of Ohio being of sound mind but feeble
health do make this my last will & testament.
Item - I give and bequeath unto my present
wife Bethsheba one promissory note signed by
John Elmore calling for Two hundred and twenty
two dollars dated May 12 A.D. 1853 also two
promissory notes signed by Wm G. Mc Farlin
each calling for Fifty dollars and dated March
7" 1854. Also so much of the notes that I
hold against Albert Links as may be necessary
to finish paying for the farm on which I now
reside "viz" three hundred dollars with interest
that may be due. which money must be appro-
=priated to the purpose above stated. Also all
my horses, one buggy and harness. all my
cattle - hogs and sheep and all my other articles of personal
property in my possession excepting other
promissory notes - Also I grant his exclusion
prossession of the farm on which I now reside
to hold the same with the appurtenances during
her life time. & at her decease the said farm
descend to my sone James K. Polk
Item - I will that all my children now living
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 229)
Description
[page 229]
[corresponds to page 177 of Will Book 3]
177
except the above named James K. Polk & Joseph
shall have all the money that may be due to me
as my death except the claims and parts of claims
granted to my wife.
Item - I will that my real estate in the town
of Millville - Ohio shall be rented for four years
from and after my decease and that my wife
shall draw the proceeds of said rent at the end
of that time it shall be sold and the proceeds
divided as follows my daughters Henriette
and Sophrina shall each have one hundred
dollars. my son John shall have fifty dollars.
my son Robert one hundred dollars. my
daughters Susan. Sally Jane Caroline & Judy Ann
shall be divided among the eight children
above named but in no case shall the two
first receive less than one hundred each.
Item. I give and bequeath to my two daughters
Henrietta and Sophrina jointly my real
estate in Pharmstring Ohio"
Item - I will that my personal debts shall
be paid out of any money that may belong
or owing to me except the claims willed
to my wife. I will that the farm on
which I now reside shall descend to my
son James K. Polk as before mentioned ~
on the conditions that he properly maintains
my disabled son Joseph during his life time,
I appoint Miller Warren of Millville Ohio the
executor of this my last will and testament and
enjoin upon him to put a new roof on my
dwelling house in Millville before offering the
same for sale the expense to be discharged out
of the proceeds of the rent. In testimony
whereof I have hereunto affixed my hand and seal
this 24th day of April A.D. 1854
John Canady {seal}
In presence of
B. F. McMillan
Wm W. Decker
The State of Ohio - Delaware County SS.
We B.F. McMillan and Wm W. Decker being duly
sworn in open curt this 6" day of May A.D. 1852
[corresponds to page 177 of Will Book 3]
177
except the above named James K. Polk & Joseph
shall have all the money that may be due to me
as my death except the claims and parts of claims
granted to my wife.
Item - I will that my real estate in the town
of Millville - Ohio shall be rented for four years
from and after my decease and that my wife
shall draw the proceeds of said rent at the end
of that time it shall be sold and the proceeds
divided as follows my daughters Henriette
and Sophrina shall each have one hundred
dollars. my son John shall have fifty dollars.
my son Robert one hundred dollars. my
daughters Susan. Sally Jane Caroline & Judy Ann
shall be divided among the eight children
above named but in no case shall the two
first receive less than one hundred each.
Item. I give and bequeath to my two daughters
Henrietta and Sophrina jointly my real
estate in Pharmstring Ohio"
Item - I will that my personal debts shall
be paid out of any money that may belong
or owing to me except the claims willed
to my wife. I will that the farm on
which I now reside shall descend to my
son James K. Polk as before mentioned ~
on the conditions that he properly maintains
my disabled son Joseph during his life time,
I appoint Miller Warren of Millville Ohio the
executor of this my last will and testament and
enjoin upon him to put a new roof on my
dwelling house in Millville before offering the
same for sale the expense to be discharged out
of the proceeds of the rent. In testimony
whereof I have hereunto affixed my hand and seal
this 24th day of April A.D. 1854
John Canady {seal}
In presence of
B. F. McMillan
Wm W. Decker
The State of Ohio - Delaware County SS.
We B.F. McMillan and Wm W. Decker being duly
sworn in open curt this 6" day of May A.D. 1852
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 230)
Description
[page 230]
[corresponds to page 178 of Will Book 3]
178
depose and say that we were present at the
execution of the last will and testament of
John Canady hereto announced that we saw
the said testator subscribe said will & heard
him publish and declare the same to be his
last will and testament and that the said
testator at the executing of the same was of
full age and of sound mind and memory
and not under any restrains and that
we signed the same as witnesses at his
request and in his presence and in the
presence of each other.
B.F. McMillen
Sworn to and subscribed this 6" day of
May 1884. D. L. Fuller Prob - Judge
Sworn to and subscribed before me
this 12th of May 1884.
D. L. Fuller Prob - Judge
[corresponds to page 178 of Will Book 3]
178
depose and say that we were present at the
execution of the last will and testament of
John Canady hereto announced that we saw
the said testator subscribe said will & heard
him publish and declare the same to be his
last will and testament and that the said
testator at the executing of the same was of
full age and of sound mind and memory
and not under any restrains and that
we signed the same as witnesses at his
request and in his presence and in the
presence of each other.
B.F. McMillen
Sworn to and subscribed this 6" day of
May 1884. D. L. Fuller Prob - Judge
Sworn to and subscribed before me
this 12th of May 1884.
D. L. Fuller Prob - Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 231)
Description
[page 231]
[corresponds to page 179 of Will Book 3]
179
Last Will of Frederick Zeigler dec'd
Proceedings had before D. L. Fuller Probate Judge
in and for the County of Delaware Del. County
Ohio on the 27 Day of May A.D. 1854
The Last will and testament of Frederick
Zeigler dec'd was this day produced in open
court together with a codicil to said will
by Messrs Sweetser and Rosette Attorneys for
Executors in said will named & James A Barnes
and Currence Barnes and Charles Sweetser
and John Van Deman the subscribing witnesses
to said will & codicil appeared and upon
oath testified to the due execution of said
will and codicil and which testimony was
reduced to writing and by them respectively
subscribed and filed with said will & codicil
And is appearing to the court by said testimony
that said will and codicil was duly attested
and executed and that sid testator at the time
of Executing the same was of full age and of
sound mind and memory and not under
any restraint. It is ordered by the court that
said will and codicil and testimony be
recorded. Whereupon Jonathan Zeigler and
Renben Zeigler the Executors in said will
named appeared in court and signified this
acceptance of the trust of executing said
will and codicil. It is terefore further
ordered that letters testamentary be issued
then upon this giving Bonds in the sum
of $6000.00 with Nathan Williams & John F
Latimer as sureties conditioned according
to law. The court appoint Wm D. Hecin
Ashael Welch and Ficton D. Hillyes appraisers
of the personal property of said Testator.
D. L. Fuller Probate Judge
In the house of God - Amen:
I Frederick Zeigler of the County of Delaware
State of Ohio - being now in good health of body and
of sound & disposing mind and memory do hereby
make and publish this my last will and testament
as follows:
1st It is my will that at my decease my executors
hereinafter appointed within a reasonable time pay
all my unpaid expenses of funeral charges.
2nd I give and bequeath unto my beloved wife
Maria Zeigler in Lieu of his Dower at Common
[corresponds to page 179 of Will Book 3]
179
Last Will of Frederick Zeigler dec'd
Proceedings had before D. L. Fuller Probate Judge
in and for the County of Delaware Del. County
Ohio on the 27 Day of May A.D. 1854
The Last will and testament of Frederick
Zeigler dec'd was this day produced in open
court together with a codicil to said will
by Messrs Sweetser and Rosette Attorneys for
Executors in said will named & James A Barnes
and Currence Barnes and Charles Sweetser
and John Van Deman the subscribing witnesses
to said will & codicil appeared and upon
oath testified to the due execution of said
will and codicil and which testimony was
reduced to writing and by them respectively
subscribed and filed with said will & codicil
And is appearing to the court by said testimony
that said will and codicil was duly attested
and executed and that sid testator at the time
of Executing the same was of full age and of
sound mind and memory and not under
any restraint. It is ordered by the court that
said will and codicil and testimony be
recorded. Whereupon Jonathan Zeigler and
Renben Zeigler the Executors in said will
named appeared in court and signified this
acceptance of the trust of executing said
will and codicil. It is terefore further
ordered that letters testamentary be issued
then upon this giving Bonds in the sum
of $6000.00 with Nathan Williams & John F
Latimer as sureties conditioned according
to law. The court appoint Wm D. Hecin
Ashael Welch and Ficton D. Hillyes appraisers
of the personal property of said Testator.
D. L. Fuller Probate Judge
In the house of God - Amen:
I Frederick Zeigler of the County of Delaware
State of Ohio - being now in good health of body and
of sound & disposing mind and memory do hereby
make and publish this my last will and testament
as follows:
1st It is my will that at my decease my executors
hereinafter appointed within a reasonable time pay
all my unpaid expenses of funeral charges.
2nd I give and bequeath unto my beloved wife
Maria Zeigler in Lieu of his Dower at Common
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 232)
Description
[page 232]
[corresponds to page 180 of Will Book 3]
180
Law in my Estate his support and maintainance
in sickness and in health. And I hereby strictly
enjoin upon my Executors to see that she is well
supported and furnished with every necessary
comfort & that under all circumstances she be
well attended and furnished with the best nurses
and Physicians when feeble or sick. The expenses
insured for so doing to be paid out of the fund
hereinafter provided. Said Maria is to have
the night to accupy my house on my estate
and to keep as much of my household furn-
iture as she wishes and to keep one or two
cows to be kept and attended to by my Executors
and the expenses defrayed out of the fund set
apart for her support during her natural life
in case said Maria does not choose to reside
with either of my sons then my Exectors are to
provide for her a suitable place elsewhere ~
3rd On the 17 day of August A.D. 1841. I deeded in
fee simple to my son Jonathan Zeigler the
farm he now occupies containing one hundred
acres valued at Twenty Five Hundred & fifty dollars.
One thousand dollars out of said valuation. I hereby
give and bequeath to my said son Jonathan
as an advancement out of my estate said Jonathan
has paid me at different times heretofore. Six
hundred and forty Dollars on said farm
which sum with the thousand Dollars adva-
-ncement leaves a balance due from him of nine
hundred and ten dollars for which said sum
the said Jonathan has given me his note dated
Aug 17, 1840 to be paid one hundred dollars
annually. Commencing April 1, 1862, and by
agreement said Jonathan is not to sell said
farm during my life time without my consent
and said sum of nine hundred and ten dollars
is to be an equitable lieu upon said farm.
4th I did also on said 17 day of Aug 1841 deed
to my son Feuben Zeigler the Farm he now
occupies containing one hundred acres ~
valued at Twenty five hundred and fifty Dollars
out of said sum I give and bequeath to my
said son Reuben one thousand Dollars as an
advancement out of my Estate. Said Reuben
has paid me at different times heretofore
the sum of Four hundred and fifty one dollars.
[corresponds to page 180 of Will Book 3]
180
Law in my Estate his support and maintainance
in sickness and in health. And I hereby strictly
enjoin upon my Executors to see that she is well
supported and furnished with every necessary
comfort & that under all circumstances she be
well attended and furnished with the best nurses
and Physicians when feeble or sick. The expenses
insured for so doing to be paid out of the fund
hereinafter provided. Said Maria is to have
the night to accupy my house on my estate
and to keep as much of my household furn-
iture as she wishes and to keep one or two
cows to be kept and attended to by my Executors
and the expenses defrayed out of the fund set
apart for her support during her natural life
in case said Maria does not choose to reside
with either of my sons then my Exectors are to
provide for her a suitable place elsewhere ~
3rd On the 17 day of August A.D. 1841. I deeded in
fee simple to my son Jonathan Zeigler the
farm he now occupies containing one hundred
acres valued at Twenty Five Hundred & fifty dollars.
One thousand dollars out of said valuation. I hereby
give and bequeath to my said son Jonathan
as an advancement out of my estate said Jonathan
has paid me at different times heretofore. Six
hundred and forty Dollars on said farm
which sum with the thousand Dollars adva-
-ncement leaves a balance due from him of nine
hundred and ten dollars for which said sum
the said Jonathan has given me his note dated
Aug 17, 1840 to be paid one hundred dollars
annually. Commencing April 1, 1862, and by
agreement said Jonathan is not to sell said
farm during my life time without my consent
and said sum of nine hundred and ten dollars
is to be an equitable lieu upon said farm.
4th I did also on said 17 day of Aug 1841 deed
to my son Feuben Zeigler the Farm he now
occupies containing one hundred acres ~
valued at Twenty five hundred and fifty Dollars
out of said sum I give and bequeath to my
said son Reuben one thousand Dollars as an
advancement out of my Estate. Said Reuben
has paid me at different times heretofore
the sum of Four hundred and fifty one dollars.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 233)
Description
[page 233]
[corresponds to page 181 of Will Book 3]
181
on said farm which now with the one thousand
dollars advancement leaves a balance due me of
one thousand and ninety nine dollars for payment
of which sum the said Reuben gave me his note
dated Aug 17, 1841 payable in installments of one
hundred dollars annually commencing April
1st 1862, and by agreement said Reuben is not to
sell said farm during my life without my consent
and said note for balance due is to be an equitable
lien upon said Farm until paid.
5th I also on the third day of March A.D. 1849 deeded
to said Charles Sell the husband of my daughter
Sophia the farm on which he now resides. Con-
taining ninety seven acres valued at $2625.00 out
of said sum I give and bequeath to my said
daughter Sophia of her gusband Charles Sell one
thousand dollars as an advancement out of
my estate said Charles Sell has paid me in
all the sum of $200.00 upon said Farm which
sum with the one thousand Dollars advancement
leaves a balance due me of $1224.00 for the payment
of which sum the said Charles Sell gave me his
note dated March 5th 1849, and payable by
annual installments of $100.00 commencing
on the date of the day thereof and by agreement
the said Charles Sell is not to sell said farm
during my life time without my consent
and said sum of $1224.00 is to be paid on
equitable lien upon said farm until paid.
6th It is my will and I do so direct that my
Executors sell at private sale the residence of
my personal property that may be left after
my said wife has selected what she wishes
to retain and also all the real estate not other
wise disposed of at my decease in such
quantities and at such prices as in the
judgement of any Executors the same may be worth
and after paying my debts expenses of lost
sickness etc. that the money arising therefrom
and all other monies in their hands be placed
at interest well secured either by personal or real
Estate security and the interest and so much of the
principal as may be necessary be applied to
the discharge of the expenses incident to the
maintainance of my wife as herein before
specified and after his death the balance of
[corresponds to page 181 of Will Book 3]
181
on said farm which now with the one thousand
dollars advancement leaves a balance due me of
one thousand and ninety nine dollars for payment
of which sum the said Reuben gave me his note
dated Aug 17, 1841 payable in installments of one
hundred dollars annually commencing April
1st 1862, and by agreement said Reuben is not to
sell said farm during my life without my consent
and said note for balance due is to be an equitable
lien upon said Farm until paid.
5th I also on the third day of March A.D. 1849 deeded
to said Charles Sell the husband of my daughter
Sophia the farm on which he now resides. Con-
taining ninety seven acres valued at $2625.00 out
of said sum I give and bequeath to my said
daughter Sophia of her gusband Charles Sell one
thousand dollars as an advancement out of
my estate said Charles Sell has paid me in
all the sum of $200.00 upon said Farm which
sum with the one thousand Dollars advancement
leaves a balance due me of $1224.00 for the payment
of which sum the said Charles Sell gave me his
note dated March 5th 1849, and payable by
annual installments of $100.00 commencing
on the date of the day thereof and by agreement
the said Charles Sell is not to sell said farm
during my life time without my consent
and said sum of $1224.00 is to be paid on
equitable lien upon said farm until paid.
6th It is my will and I do so direct that my
Executors sell at private sale the residence of
my personal property that may be left after
my said wife has selected what she wishes
to retain and also all the real estate not other
wise disposed of at my decease in such
quantities and at such prices as in the
judgement of any Executors the same may be worth
and after paying my debts expenses of lost
sickness etc. that the money arising therefrom
and all other monies in their hands be placed
at interest well secured either by personal or real
Estate security and the interest and so much of the
principal as may be necessary be applied to
the discharge of the expenses incident to the
maintainance of my wife as herein before
specified and after his death the balance of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 234)
Description
[page 234]
[corresponds to page 182 of Will Book 3]
182
the fund arising from the sales of the personal
and real Estate as well as the amount due from
Jonathan Reuben & Charles Sell be divided among
my daughters and their children as herinafter
provided.
7th I will and bequeath to my daughter Mary Kruck
the one fourth part of the fund that is in the hands of
my Executors at the decease of my wife to be paid to her
or her heirs and legal representatives within a reas-
onable time by Executors
8" I give and bequeath unto the children of my
daughter Harriet Heller the one fourth part of the
fund that is in the hands of my Executors at the decease
of my wife to be paid to them on their legal Guardian
for this use within a reasonable time. Said
Bequest to be held & kept entirely for the use an
benefit of all the children of my said daughter.
Harriet equally unless my said daughter should
need some past thereof for her actual support in
which case my execturos will see that his wants
are supplied out of the interest or principal of
said Bequest.
9" I give and bequeath to the daughter of my deceased
daughter Matilda Stimmel, Liz & Joshua Stickle
and Isaac Stimmel one fourth part of the fund
in the hands of my Executor at the death of my wife
to be paid to them or their heirs and legal repre-
sentatives within a reasonal time providing that if
each should die before this legacy is paid with
out children that the survivors shall have the
above legacy and in case both should without
issue then the legacy to go to the common fund
in the hands of my executors and be divided as
herein after provided for ~
10" I give and bequeath to the children of my
deceased daughter Sarah Wovtring Liz: Hennebtha
Sophia Wovtring and Mariah Wovtring one fourth
part of the fund that is in the hands of the
Executors at the death of my wife to be paid to them
or their hiers or legal respresentatives provided
that if either of them should die with children
before the legacy is paid. the survivors shall have
the whole legacy but should both die without
issue then said legacy is to go to the common
fund to be provided and divided as hereinafter
mentioned.
[corresponds to page 182 of Will Book 3]
182
the fund arising from the sales of the personal
and real Estate as well as the amount due from
Jonathan Reuben & Charles Sell be divided among
my daughters and their children as herinafter
provided.
7th I will and bequeath to my daughter Mary Kruck
the one fourth part of the fund that is in the hands of
my Executors at the decease of my wife to be paid to her
or her heirs and legal representatives within a reas-
onable time by Executors
8" I give and bequeath unto the children of my
daughter Harriet Heller the one fourth part of the
fund that is in the hands of my Executors at the decease
of my wife to be paid to them on their legal Guardian
for this use within a reasonable time. Said
Bequest to be held & kept entirely for the use an
benefit of all the children of my said daughter.
Harriet equally unless my said daughter should
need some past thereof for her actual support in
which case my execturos will see that his wants
are supplied out of the interest or principal of
said Bequest.
9" I give and bequeath to the daughter of my deceased
daughter Matilda Stimmel, Liz & Joshua Stickle
and Isaac Stimmel one fourth part of the fund
in the hands of my Executor at the death of my wife
to be paid to them or their heirs and legal repre-
sentatives within a reasonal time providing that if
each should die before this legacy is paid with
out children that the survivors shall have the
above legacy and in case both should without
issue then the legacy to go to the common fund
in the hands of my executors and be divided as
herein after provided for ~
10" I give and bequeath to the children of my
deceased daughter Sarah Wovtring Liz: Hennebtha
Sophia Wovtring and Mariah Wovtring one fourth
part of the fund that is in the hands of the
Executors at the death of my wife to be paid to them
or their hiers or legal respresentatives provided
that if either of them should die with children
before the legacy is paid. the survivors shall have
the whole legacy but should both die without
issue then said legacy is to go to the common
fund to be provided and divided as hereinafter
mentioned.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 235)
Description
[page 235]
[corresponds to page 183 of Will Book 3]
183
11" In asmuch as Benjamin Leiby the husband of
my deceased daughter Anna has shown himself
unworthy my confidence and has abused and
perplexed me by vexations law-suits and has
put me to great trouble and expenses I cannot
in justice to myself take from my other children
and give to his, I therefore limit the amount
to his children to ten Dollars each towit. I
give and bequeath to Benj Leiby is Sally Ann
Leiby - Jacob Leiby and Lucy Ann Leiby each ten
Dollars and in case of the death of either before
the legacy is paid the sum of Forty Dollars is to
be divided equally between the survivors or Sur-
vivors which said sum is to be paid after the
decease of my wife as in the other legacies.
12" It is my will and I do so direct that in case
the amount in the hands of my executors arising from
all the various sources above mentioned at the
decease of my wife should exceed the sum of Four
thousand and forty Dollars the amount of my
specific bequests that the excess be equally divided
among all my children their heirs and legal
representatives excepting and baring the children
of Benjamin Leiby the personal property retained
by my wife & all my assets to be included in
the said division ~ ______________________________________
Lastly ~
I do hereby constitute and appoint my two sons
Jonathan and Reuben Zeigler Executors of this
my last will and testament hereby annulling
and revoking all former wills and ratifying this
as my last will and testament and hereby fix
the amount to be charged by my Exect for the
services to be performed by them for the discharges
of their Executive duties at the sum of one Dollar
per day for each for all time spent in doing the bus-
=iness and any resonable sum for attys fees in
the settlement of my Estate in addition thereto~
In testimony whereof I have hereunto set my
hand and seal this 27 day of Jany" A.D. 1852.
Federick Zeigler {Seal}
Signed, sealed, published, & declared by me as my last
will and testament in the presence of James A. Barnes
& Currence B. Barnes whom I have requested to sign
the same as witnesses on the day and year last
above written James A. Barnes }
Currence B. Barnes}
[corresponds to page 183 of Will Book 3]
183
11" In asmuch as Benjamin Leiby the husband of
my deceased daughter Anna has shown himself
unworthy my confidence and has abused and
perplexed me by vexations law-suits and has
put me to great trouble and expenses I cannot
in justice to myself take from my other children
and give to his, I therefore limit the amount
to his children to ten Dollars each towit. I
give and bequeath to Benj Leiby is Sally Ann
Leiby - Jacob Leiby and Lucy Ann Leiby each ten
Dollars and in case of the death of either before
the legacy is paid the sum of Forty Dollars is to
be divided equally between the survivors or Sur-
vivors which said sum is to be paid after the
decease of my wife as in the other legacies.
12" It is my will and I do so direct that in case
the amount in the hands of my executors arising from
all the various sources above mentioned at the
decease of my wife should exceed the sum of Four
thousand and forty Dollars the amount of my
specific bequests that the excess be equally divided
among all my children their heirs and legal
representatives excepting and baring the children
of Benjamin Leiby the personal property retained
by my wife & all my assets to be included in
the said division ~ ______________________________________
Lastly ~
I do hereby constitute and appoint my two sons
Jonathan and Reuben Zeigler Executors of this
my last will and testament hereby annulling
and revoking all former wills and ratifying this
as my last will and testament and hereby fix
the amount to be charged by my Exect for the
services to be performed by them for the discharges
of their Executive duties at the sum of one Dollar
per day for each for all time spent in doing the bus-
=iness and any resonable sum for attys fees in
the settlement of my Estate in addition thereto~
In testimony whereof I have hereunto set my
hand and seal this 27 day of Jany" A.D. 1852.
Federick Zeigler {Seal}
Signed, sealed, published, & declared by me as my last
will and testament in the presence of James A. Barnes
& Currence B. Barnes whom I have requested to sign
the same as witnesses on the day and year last
above written James A. Barnes }
Currence B. Barnes}
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 236)
Description
[page 236]
[corresponds to page 184 of Will Book 3]
184
The State of Ohio Delaware County SS.
Personally appeared in open court James A. Barnes and
Currence Barnes who made solemn oath that on the
27 day of Jany 1852, they were called upon by Frederick
Zeigler to witness his last will and testament now
produced of that date.
The said Frederick Zeigler was at the time of sound
and disposing mind and memory and not under
any restraint he signed said will in our presence
and acknowledged the same to be his last will &
testament and requested us to witness the same
as such and we signed our names as witnesses
in the presence of the Testator and in the presence
of each other~
Currence Barnes
Sworn to & Subscribed James A. Barnes
before me in open court
this 27 day of May 1854
D. L. Fuller, Prob. Judge
Codicil~Be it known that on this 21st day of March 1854 Frederick
Zeigler being anxious to arrange his worldly affairs
in according with his motions of right and being of
sound mind and memory. Herby makes the following
modification of his will made on the 27 day of
January 1852 by way of codicil.
1st In relation to the bequest made for the benefit
of Harriet Heller and for her made the bequest
as in my said will specified to my Executive
in trust for the benefit of my said daughter as
far as in their Judgement she needs they must
appropriate to her use and I hereby create of my
said Executors. Testamentary Guardians for the
children. for the children of said Harriet Heller
to control and invest this monies and apply
the same as they need. This modification is not
intended to control the amount of the original
bequest, but simply to make plain its appli-
-ation - first for the benefit of said Harriet Heller
and 2" to create suitable persons to control the
estate for her children after my daughter has
been taken care of.
2" In my said will I have given to the children of
my deceased Daughter Matilda Stimmel towit"
Joshua Stickle & Isaac Stimmel and to the
children of my dec'd daughter Sarah Wovtring
[corresponds to page 184 of Will Book 3]
184
The State of Ohio Delaware County SS.
Personally appeared in open court James A. Barnes and
Currence Barnes who made solemn oath that on the
27 day of Jany 1852, they were called upon by Frederick
Zeigler to witness his last will and testament now
produced of that date.
The said Frederick Zeigler was at the time of sound
and disposing mind and memory and not under
any restraint he signed said will in our presence
and acknowledged the same to be his last will &
testament and requested us to witness the same
as such and we signed our names as witnesses
in the presence of the Testator and in the presence
of each other~
Currence Barnes
Sworn to & Subscribed James A. Barnes
before me in open court
this 27 day of May 1854
D. L. Fuller, Prob. Judge
Codicil~Be it known that on this 21st day of March 1854 Frederick
Zeigler being anxious to arrange his worldly affairs
in according with his motions of right and being of
sound mind and memory. Herby makes the following
modification of his will made on the 27 day of
January 1852 by way of codicil.
1st In relation to the bequest made for the benefit
of Harriet Heller and for her made the bequest
as in my said will specified to my Executive
in trust for the benefit of my said daughter as
far as in their Judgement she needs they must
appropriate to her use and I hereby create of my
said Executors. Testamentary Guardians for the
children. for the children of said Harriet Heller
to control and invest this monies and apply
the same as they need. This modification is not
intended to control the amount of the original
bequest, but simply to make plain its appli-
-ation - first for the benefit of said Harriet Heller
and 2" to create suitable persons to control the
estate for her children after my daughter has
been taken care of.
2" In my said will I have given to the children of
my deceased Daughter Matilda Stimmel towit"
Joshua Stickle & Isaac Stimmel and to the
children of my dec'd daughter Sarah Wovtring
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 237)
Description
[page 237]
[corresponds to page 185 of Will Book 3]
185
"towit" Harriet Sophia Wovtring and Maria Wovtring
on fourth of any personal Estate after the death of
my wife and in pro rata portion of all amount
above four Thousand dollars of the residence may
fix the bequest to each of the children of my
deceased daughter above named to Five hundred
dollars each and hereby revoke so much of my
said will as is in conflict with this limitation
and the sum of four two hundred to each of the said
four Grandchildren is to be paid by my Executors
as they may need in this minority and when
they arrive at majority or as soon thereafter
as is may be convenience for my Executors the amt.
due each may be paid. I hereby appoint my
Executor Testamentary Guardians for my said
Grandchildren in order that they may take
care of the amount hereby bequeathed to them
and put it to the best use. the sum of Two
hundred to each to be all I intend to give
them out of my Estate.
In consequence of the death of my wife so
much of my said will as relate to her is
now revoked but let it stand as the evidence
of my intentions and care for temporal wants
while living~
I make this codicil to my will of Jany 27" 1852
hereby revoking all parts and portion of my 2"
will which may be in conflict herewithin
And I hereby call upon my friends Charles Sw-
eetser and John Van Deman Esquires to witness
this my last will and testament ~ In testimony
whereof I have hereunto set my hand and seal
this day and year first above written ~
Frederick Zeigler {Seal}
Signed, sealed, published
and declared by me as codicil to my last will
and testament - in presence of Chales Sweetser &
John Van Deman.
The State of Ohio, Delaware County SS.
Personally appeared in open Court Charles Sweetser
and John Van Deman who made solemn oath
That they were called upon on the 21st day of
March 1854 by Frederick Zeigler to witness a
codicil to his last will and testment which
was a modification of his will made on
the 27" day of January 1852. That said testator
[corresponds to page 185 of Will Book 3]
185
"towit" Harriet Sophia Wovtring and Maria Wovtring
on fourth of any personal Estate after the death of
my wife and in pro rata portion of all amount
above four Thousand dollars of the residence may
fix the bequest to each of the children of my
deceased daughter above named to Five hundred
dollars each and hereby revoke so much of my
said will as is in conflict with this limitation
and the sum of four two hundred to each of the said
four Grandchildren is to be paid by my Executors
as they may need in this minority and when
they arrive at majority or as soon thereafter
as is may be convenience for my Executors the amt.
due each may be paid. I hereby appoint my
Executor Testamentary Guardians for my said
Grandchildren in order that they may take
care of the amount hereby bequeathed to them
and put it to the best use. the sum of Two
hundred to each to be all I intend to give
them out of my Estate.
In consequence of the death of my wife so
much of my said will as relate to her is
now revoked but let it stand as the evidence
of my intentions and care for temporal wants
while living~
I make this codicil to my will of Jany 27" 1852
hereby revoking all parts and portion of my 2"
will which may be in conflict herewithin
And I hereby call upon my friends Charles Sw-
eetser and John Van Deman Esquires to witness
this my last will and testament ~ In testimony
whereof I have hereunto set my hand and seal
this day and year first above written ~
Frederick Zeigler {Seal}
Signed, sealed, published
and declared by me as codicil to my last will
and testament - in presence of Chales Sweetser &
John Van Deman.
The State of Ohio, Delaware County SS.
Personally appeared in open Court Charles Sweetser
and John Van Deman who made solemn oath
That they were called upon on the 21st day of
March 1854 by Frederick Zeigler to witness a
codicil to his last will and testment which
was a modification of his will made on
the 27" day of January 1852. That said testator
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 238)
Description
[page 238]
[corresponds to page 186 of Will Book 3]
186
was of sound and disposing mind and memory
and not under any restraint that he signed
and sealed the said codicil now produced in
our presence and requested us to witness the
same. we witnessed the same in the presence
of the testator ~ and in the presence of each other.
And we further state that said Frederick Zeigler
died testate on or about the 21st of May 1854 as
we verily believe~
Charles Sweetser
Sworn to and John D. Van Deman
subscribed in open court
this 24 day of May 1854
D. L. Fuller Probate Judge
[corresponds to page 186 of Will Book 3]
186
was of sound and disposing mind and memory
and not under any restraint that he signed
and sealed the said codicil now produced in
our presence and requested us to witness the
same. we witnessed the same in the presence
of the testator ~ and in the presence of each other.
And we further state that said Frederick Zeigler
died testate on or about the 21st of May 1854 as
we verily believe~
Charles Sweetser
Sworn to and John D. Van Deman
subscribed in open court
this 24 day of May 1854
D. L. Fuller Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 239)
Description
[page 239]
[corresponds to labeled page 187 of Will Book 3]
187
Last will of James Jones Deceased
Proceedings had before the Probate Court of Delaware
County Ohio on the 29th day of May A.D. 1854 - Present
D.L. Fuller Judge of said Court _
The last will and testament of James Jones
late of Berkshire Tp in Delaware County Ohio was this day
produced in court and B. Newbury. William Beddow
and H. Hodgden the subscribing witnesses to said will
appeared and in open Court on oath testified to the due ex=
=ecution of said will, which testimony was reduced to
writing and by them respectively subscribed and filed
with said will, And it appearing to the Court by said testi=
=mony, that said will was duly attested and executed, and
that the said testator at the time of executing the same was
of full age and of sound mind and memory and not
under any restraint, it is ordered that said will and
testimony be recorded - as follows, to wit;
In the name of the Benevolent Father of all:
I James Jones being of feeble health, but of sound mind
do make and publish this my last will and testament
Item 1st After paying all just debts and legal charges I give
and bequeath to my beloved wife Jane Jones as follows:
The dwelling House other buildings where I now reside
in Berkshire Township, being the south part of Lot No. two
second tier of Lots in Section two Township four Range
Seventeen U.S.M.L. commencing at the road commonly
called Berkshire Street - thence extending West to the North
West corner of part of said lot sold to David Prince declared
and now owned by Joseph Prince - thence due North
to H.A. Fuller's South line. Also the use of the South
West corner field containing about twelve acres of a
tract I own in said Section being the west part of lot No.
one in the first tier of lots. The use and control of these
two tracts she is to have during her natural life.
Item 2 I give and bequeath to my son John Jones all of the
above named first tract, which I own that is not devised
to my said wife. which tract hereby devised is situated
west of that part devised to my wife for her use and
benefit forever.
Item 3 I give and bequeath to my son George Jones
the balance of said lot No. one in the first tier of lots
on said section two that is not devised to my said
wife to have and to hold for his own use and benefit
forever, as Charles Pike lives on said lot and occupies
a house and about one half acre of land which he is
to have the peacable possession of force of rent but
when that is surrended to my said son George
[corresponds to labeled page 187 of Will Book 3]
187
Last will of James Jones Deceased
Proceedings had before the Probate Court of Delaware
County Ohio on the 29th day of May A.D. 1854 - Present
D.L. Fuller Judge of said Court _
The last will and testament of James Jones
late of Berkshire Tp in Delaware County Ohio was this day
produced in court and B. Newbury. William Beddow
and H. Hodgden the subscribing witnesses to said will
appeared and in open Court on oath testified to the due ex=
=ecution of said will, which testimony was reduced to
writing and by them respectively subscribed and filed
with said will, And it appearing to the Court by said testi=
=mony, that said will was duly attested and executed, and
that the said testator at the time of executing the same was
of full age and of sound mind and memory and not
under any restraint, it is ordered that said will and
testimony be recorded - as follows, to wit;
In the name of the Benevolent Father of all:
I James Jones being of feeble health, but of sound mind
do make and publish this my last will and testament
Item 1st After paying all just debts and legal charges I give
and bequeath to my beloved wife Jane Jones as follows:
The dwelling House other buildings where I now reside
in Berkshire Township, being the south part of Lot No. two
second tier of Lots in Section two Township four Range
Seventeen U.S.M.L. commencing at the road commonly
called Berkshire Street - thence extending West to the North
West corner of part of said lot sold to David Prince declared
and now owned by Joseph Prince - thence due North
to H.A. Fuller's South line. Also the use of the South
West corner field containing about twelve acres of a
tract I own in said Section being the west part of lot No.
one in the first tier of lots. The use and control of these
two tracts she is to have during her natural life.
Item 2 I give and bequeath to my son John Jones all of the
above named first tract, which I own that is not devised
to my said wife. which tract hereby devised is situated
west of that part devised to my wife for her use and
benefit forever.
Item 3 I give and bequeath to my son George Jones
the balance of said lot No. one in the first tier of lots
on said section two that is not devised to my said
wife to have and to hold for his own use and benefit
forever, as Charles Pike lives on said lot and occupies
a house and about one half acre of land which he is
to have the peacable possession of force of rent but
when that is surrended to my said son George
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 240)
Description
[page 240]
[corresponds to labeled page 188 of Will Book 3]
188
he George is to pay said Charles Pike Two Hun-
=dred dollars; after the decease of my said wife the
part of said Lot occupied by her it is my will that my
son George shall have the same as the balance that is now
bequeathed to him, ie he is to have the whole tract, which
is about fifty nine acres.
Item 4th After the decease of my said wife the homestead
which is bequeathed to her in Lot No two in the second
tier in said Section I give and bequeath to my said son
John Jones - I also give and bequeath to my said son
John a team of horses & harness
Item 5th It is my will that a full and sufficient of
personal property be given to my said wife for her use
and benefit to make her comfortable in all neuencies.
Item 6th My two sons George and John are to contribute
equally for the comforable support of said wife during
her natural life, according to her age and necessities to
furnish medical aid and monies when necessary
- this last item I wish construed liberally for the com=
=fort of and convenience of my said wife The barn &
barn yard and sheds my son John to have the use
and control of, he to furnish my wife with stable
room for one horse, and room in the guest yard for her
stock, and room convenient for her fodder - Also
the same privilege for Alice Jones Stock
In testimony whereof I have hereunto set my name & seal
this 13th day of May 1854 James Jones {sealed}
Signed & sealed and acknowledged by said James Jones
as his last will and testament in our presence and
signed by us in his presence Henry Hodgden B. Newbury
William Beddow
The State of Ohio Delaware County : We Benjamin Newbury Henry
Hodgden & William Beddow being duly sworn in open Court
this 29th day of May A.D. 1854, depose and say that we were present
at the execution of the last will and testament of James Jones here-
=unto annexed - that we saw the said Testator subscribe said will and
heard him declare the same to be his last will & testament, and that
the said Testator at the time of executing the same, was of full age
and of sound mind and memory & not under any restraint &
that we signed the same as witness at his request and in his presence
sworn to & subscribed before } B. Newbury
on this 29th day of May A.D. } William Beddow
1854 } Henry Hodgden
D.L. Fuller
Prob. Judge
[corresponds to labeled page 188 of Will Book 3]
188
he George is to pay said Charles Pike Two Hun-
=dred dollars; after the decease of my said wife the
part of said Lot occupied by her it is my will that my
son George shall have the same as the balance that is now
bequeathed to him, ie he is to have the whole tract, which
is about fifty nine acres.
Item 4th After the decease of my said wife the homestead
which is bequeathed to her in Lot No two in the second
tier in said Section I give and bequeath to my said son
John Jones - I also give and bequeath to my said son
John a team of horses & harness
Item 5th It is my will that a full and sufficient of
personal property be given to my said wife for her use
and benefit to make her comfortable in all neuencies.
Item 6th My two sons George and John are to contribute
equally for the comforable support of said wife during
her natural life, according to her age and necessities to
furnish medical aid and monies when necessary
- this last item I wish construed liberally for the com=
=fort of and convenience of my said wife The barn &
barn yard and sheds my son John to have the use
and control of, he to furnish my wife with stable
room for one horse, and room in the guest yard for her
stock, and room convenient for her fodder - Also
the same privilege for Alice Jones Stock
In testimony whereof I have hereunto set my name & seal
this 13th day of May 1854 James Jones {sealed}
Signed & sealed and acknowledged by said James Jones
as his last will and testament in our presence and
signed by us in his presence Henry Hodgden B. Newbury
William Beddow
The State of Ohio Delaware County : We Benjamin Newbury Henry
Hodgden & William Beddow being duly sworn in open Court
this 29th day of May A.D. 1854, depose and say that we were present
at the execution of the last will and testament of James Jones here-
=unto annexed - that we saw the said Testator subscribe said will and
heard him declare the same to be his last will & testament, and that
the said Testator at the time of executing the same, was of full age
and of sound mind and memory & not under any restraint &
that we signed the same as witness at his request and in his presence
sworn to & subscribed before } B. Newbury
on this 29th day of May A.D. } William Beddow
1854 } Henry Hodgden
D.L. Fuller
Prob. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 241)
Description
[page 241]
[corresponds to labeled page 189 of Will Book 3]
WILL RECORD VOL. 3
Last Will of John B. Lawrence Dec'd 189
Proceedings had before the Probate Court of Delaw-
=are County Ohio on the 5th day of July A.D. 1854.
Present D.L. Fuller Judge of said Court.
An authenticated Copy of the last will and testa=
=ment of John B. Lawrence late of New York in the
County & State of New York, was this day produced
in Court; And it appearing to the satisfaction of
the Court, that the said will has been proved in said
State of New York, according to the laws of said state,
And that said will has relation to property within
the said County of Delaware, therfore on motion
it is ordered by the Court, that the said authenticated
copy thereof be recorded in the records of wills for
said County of Delaware - as follows to wit:
At a Surrogate Court held in and for the County
of New York at the Surrogates Office in the City of New =
=York on the Eighth day of November in the year one
thousand Eight hundred and forty four - Present Ch=
=arles McLean Esquire Surrogate. In the matter of
proving the last will and testament of John B Lawer=
=ence deceased. County of New York p: Be it unim=
=bised that heretof are upon due application for that pur=
=pose to the Surrogate of said County a citation sworn duly
opened in this matter which citation and the proofs
of service thereof were afterwards returned to said Surrogate
and which said citation and proofs of service are as
follows: - The people of the State of New York by the Grace
of God free and Independent to George N Lawrence, Alf=
=red W. Lawrence, Thomas W. Lawrence, John B. Lawrence
and William Ripley the special Guardian of Edward W.
Lawrence and Frederick W. Lawrence minors residing
in the City of New York the heirs and next of kin of John
B. Lawrence deceased, send Greeting - Whereas Newbold
Lawrence of the City of New York has lately applied to
our Surragate of the County of New York to have a certin
Instrument in writing bearing date the Nineteenth day
of April in the year 1843 relating to both real and personal
Estate duly proposed as the last will and testament with
a codicil of John B. Lawrence late of the City of New York
deceased, Therefore you and each of you are cited and
required personally to be and appear before our said
surrogate at his office in the City of New York on the twenty
nineth day of Oct. instant at ten o'clock in the fore=
noon of that day then & there to the Probate
[corresponds to labeled page 189 of Will Book 3]
WILL RECORD VOL. 3
Last Will of John B. Lawrence Dec'd 189
Proceedings had before the Probate Court of Delaw-
=are County Ohio on the 5th day of July A.D. 1854.
Present D.L. Fuller Judge of said Court.
An authenticated Copy of the last will and testa=
=ment of John B. Lawrence late of New York in the
County & State of New York, was this day produced
in Court; And it appearing to the satisfaction of
the Court, that the said will has been proved in said
State of New York, according to the laws of said state,
And that said will has relation to property within
the said County of Delaware, therfore on motion
it is ordered by the Court, that the said authenticated
copy thereof be recorded in the records of wills for
said County of Delaware - as follows to wit:
At a Surrogate Court held in and for the County
of New York at the Surrogates Office in the City of New =
=York on the Eighth day of November in the year one
thousand Eight hundred and forty four - Present Ch=
=arles McLean Esquire Surrogate. In the matter of
proving the last will and testament of John B Lawer=
=ence deceased. County of New York p: Be it unim=
=bised that heretof are upon due application for that pur=
=pose to the Surrogate of said County a citation sworn duly
opened in this matter which citation and the proofs
of service thereof were afterwards returned to said Surrogate
and which said citation and proofs of service are as
follows: - The people of the State of New York by the Grace
of God free and Independent to George N Lawrence, Alf=
=red W. Lawrence, Thomas W. Lawrence, John B. Lawrence
and William Ripley the special Guardian of Edward W.
Lawrence and Frederick W. Lawrence minors residing
in the City of New York the heirs and next of kin of John
B. Lawrence deceased, send Greeting - Whereas Newbold
Lawrence of the City of New York has lately applied to
our Surragate of the County of New York to have a certin
Instrument in writing bearing date the Nineteenth day
of April in the year 1843 relating to both real and personal
Estate duly proposed as the last will and testament with
a codicil of John B. Lawrence late of the City of New York
deceased, Therefore you and each of you are cited and
required personally to be and appear before our said
surrogate at his office in the City of New York on the twenty
nineth day of Oct. instant at ten o'clock in the fore=
noon of that day then & there to the Probate
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 242)
Description
[page 242]
[corresponds to labeled page 190 of Will Book 3]
190
of the said Last Will and Testament & Codicil - In
Testimony whereof the Surrogate of said County has
hereunto affixed his seal of Office the nineteenth of day
of October in the year our Lord One thousand eight hun=
=dred and forty four and of our Independence the sixty
nineth - Charles McNean Surrogate SS
City and County of New York s. James H. Brady of said
City and County being duly sworn both depose and say
that on the nineteenth day of October 1844 he served the fore=
=going citation on William Ripley the Special Guardian thereas
named by delivering him personally a copy thereof, and on Alfred
W Lawrence Thomas M Lawrence and John B. Lawrence
by delivering a copy thereof for each of them, at their residence
to a person of suitable age and discretion, at the same
time showing each of the above names the foregoing original
signed by the Surrogate and impressed with the seal of
this court Jas H. Brady
Sworn this twenty first day of October 1844 before me
Charles McNean - and thereupon the last will and
testament of the said John B. Lawrenence deceased and the
proofs thereof were produced as follows:
I John B. Lawrence of the City of New York formerly Dru=
ggist being at present in the enjoyment of my usual health
and of a sound disposing mind memory and understanding
but conscious of the uncertainty of human life, and being
decisions of making a suitable and proper disposition of
all such property and Estate as I may leave behind me
have thought proper to make accurate and publish and I
now do in and by these present make execute and publish
my last will and testament as follows that is to say: First
I order and direct all my just debts funeral and testamentary
charges to be paid as soon after my decease as can be conv=
=eniently done. Second I do hereby revoke and disallow
every other and former will Testament or codicil by
me at any time heretofore made executed or published
Third I do hereby nominate, constitute and appoint my
five sons that is to say George N. Lawrence Newbold Law=
=rence Alfred W. Lawrence John B. Lawrence Junior
and Thomas W. Lawrence and the survivors and last
survivor of them the executors and executor of this my last
will and testament. Fourth I do hereby give and bequeath
to my two youngest sons the said John B. Lawrence Junior
and Thomas W. Lawrence such the sum of Five Thousand
[corresponds to labeled page 190 of Will Book 3]
190
of the said Last Will and Testament & Codicil - In
Testimony whereof the Surrogate of said County has
hereunto affixed his seal of Office the nineteenth of day
of October in the year our Lord One thousand eight hun=
=dred and forty four and of our Independence the sixty
nineth - Charles McNean Surrogate SS
City and County of New York s. James H. Brady of said
City and County being duly sworn both depose and say
that on the nineteenth day of October 1844 he served the fore=
=going citation on William Ripley the Special Guardian thereas
named by delivering him personally a copy thereof, and on Alfred
W Lawrence Thomas M Lawrence and John B. Lawrence
by delivering a copy thereof for each of them, at their residence
to a person of suitable age and discretion, at the same
time showing each of the above names the foregoing original
signed by the Surrogate and impressed with the seal of
this court Jas H. Brady
Sworn this twenty first day of October 1844 before me
Charles McNean - and thereupon the last will and
testament of the said John B. Lawrenence deceased and the
proofs thereof were produced as follows:
I John B. Lawrence of the City of New York formerly Dru=
ggist being at present in the enjoyment of my usual health
and of a sound disposing mind memory and understanding
but conscious of the uncertainty of human life, and being
decisions of making a suitable and proper disposition of
all such property and Estate as I may leave behind me
have thought proper to make accurate and publish and I
now do in and by these present make execute and publish
my last will and testament as follows that is to say: First
I order and direct all my just debts funeral and testamentary
charges to be paid as soon after my decease as can be conv=
=eniently done. Second I do hereby revoke and disallow
every other and former will Testament or codicil by
me at any time heretofore made executed or published
Third I do hereby nominate, constitute and appoint my
five sons that is to say George N. Lawrence Newbold Law=
=rence Alfred W. Lawrence John B. Lawrence Junior
and Thomas W. Lawrence and the survivors and last
survivor of them the executors and executor of this my last
will and testament. Fourth I do hereby give and bequeath
to my two youngest sons the said John B. Lawrence Junior
and Thomas W. Lawrence such the sum of Five Thousand
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 243)
Description
[page 243]
[corresponds to page 191 of Will Book 3]
191
dollars to be paid to each of these at the expiration of one year from
my decease or at any time thereafter when it may be required by cash
or either of them as a Capital to commence busings provided how
=ever and upon condition, that each of my said two sons or the one
of them requiring the payment thereof be them clearly and certainly
solvent - but if they or either of them be there insolvent there and in such
case I hereby order and direct that the said legacy of five thousand
dollars to the one or both of these being there so insolvent aned requiring
payment thereof be not paid, nor shall the same be payable or due
or collectable or recoverable until such insolvent son or sons shall
have obtained a full and complete discharge from all his or their
debts and liabilities in such manner and form as shall be satis-
=factory to the counsel who may be selected for that purpose by my
said Executors or a majority of them. My motive for the said
legacy to each of my said two youngest sons is that my other
three sons have respectively heretofore been advanced by me with
a Capital to that amount - there two legacies however are to carry
no interest until they be payable according to the time interest & mean=
=ing of this my will in this respect. Fifth all and singular
the rest residue and remainder of my property and estate
whatsoever and wheresoever both real and personal I do hereby
give devise and bequeath to my before named Executors and
the Survivors and last survivor of them to be held by them
or him in Trust and to be disposed of as follows, that is to
say to invest on bonds & morthages in their or his names
or name as such Executors or Executor upon productive
or improved real estate at the best obtainable interest therefore
the proceeds of all my said residency real and personal
Estate as part as they can be realiazed from collections of my
personal assets and sales of my Real Estate and to continue
the same at interest secured as aforesaid until the expiration
of at least four years from the time of granting probate on
this my last will and the income arising there power
over and above what may be required to pay interest which
may become due from my Estate and other contingent
or incidental charges to which my Estate may be
subject to be divided and distributed yearly or half yearly
as follows, that is to say two equal twelfth parts of such
surplus income to each of my before named five sons pro=
=vided however and upon condition that each of my them
in order to be entitled thereto be then clearly and certainly
solvent, but if any or either of them be then insolvent, then
and in such case I hereby order and direct that the share of
shares of such income which would otherwise be due, and
payable to such one or more of my said sons being
insolvent, be not paid, nor shall the sum be due payable
[corresponds to page 191 of Will Book 3]
191
dollars to be paid to each of these at the expiration of one year from
my decease or at any time thereafter when it may be required by cash
or either of them as a Capital to commence busings provided how
=ever and upon condition, that each of my said two sons or the one
of them requiring the payment thereof be them clearly and certainly
solvent - but if they or either of them be there insolvent there and in such
case I hereby order and direct that the said legacy of five thousand
dollars to the one or both of these being there so insolvent aned requiring
payment thereof be not paid, nor shall the same be payable or due
or collectable or recoverable until such insolvent son or sons shall
have obtained a full and complete discharge from all his or their
debts and liabilities in such manner and form as shall be satis-
=factory to the counsel who may be selected for that purpose by my
said Executors or a majority of them. My motive for the said
legacy to each of my said two youngest sons is that my other
three sons have respectively heretofore been advanced by me with
a Capital to that amount - there two legacies however are to carry
no interest until they be payable according to the time interest & mean=
=ing of this my will in this respect. Fifth all and singular
the rest residue and remainder of my property and estate
whatsoever and wheresoever both real and personal I do hereby
give devise and bequeath to my before named Executors and
the Survivors and last survivor of them to be held by them
or him in Trust and to be disposed of as follows, that is to
say to invest on bonds & morthages in their or his names
or name as such Executors or Executor upon productive
or improved real estate at the best obtainable interest therefore
the proceeds of all my said residency real and personal
Estate as part as they can be realiazed from collections of my
personal assets and sales of my Real Estate and to continue
the same at interest secured as aforesaid until the expiration
of at least four years from the time of granting probate on
this my last will and the income arising there power
over and above what may be required to pay interest which
may become due from my Estate and other contingent
or incidental charges to which my Estate may be
subject to be divided and distributed yearly or half yearly
as follows, that is to say two equal twelfth parts of such
surplus income to each of my before named five sons pro=
=vided however and upon condition that each of my them
in order to be entitled thereto be then clearly and certainly
solvent, but if any or either of them be then insolvent, then
and in such case I hereby order and direct that the share of
shares of such income which would otherwise be due, and
payable to such one or more of my said sons being
insolvent, be not paid, nor shall the sum be due payable
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 244)
Description
[page 244]
[corresponds to page 192 of Will Book 3]
192
collectable or recoverable to or by such son or sons until he or
they shall have obtained a full and complete discharge
from all his or their debts and liabilities in such man=
=nner and form as herein before specified in regard to the re=
=curring legacies to my before named two youngest sons
and in the mean time and until such discharge be
obtained I hereby order and direct that the share or shares
of the said income which would otherwise have been due
and payable to him or them be paid to or applied to the
maintenance support and eduction of his or their children
by or under the directions of my said Executors if any such
children there be- and if not then to be paid to and equally
divided among any said other sons who may be then
solvent. But I hereby express my desire to without impos=
=ing any obligation either legal or equitable upon my said
Executors to apply such portions of the said surplus income
as they or a majority of them may in their own direction
deem proper from time to time to the comfortable maintain
and support of such insolvent son or sons and the said two
remaining parts of my said surplus income I hereby order &
direct to be paid the one to my grandson Frederick W.
Lawrence, sons of my deceased son Edward W. Lawrence
and the other to my grandson Edward W. Lawrence son
of my deceased daughter Caroline Angenta Lawrence and
upon the expiration of the said four years I hereby direct my
said Executors to pay and distribute ten equal twelfth parts
of the Capital of my said residency Estate to and among my
said children in the same proportions as hereinbefore directed
in regard to the said surplus income of my residency Estate
provided however and upon condition, that each of my said
sons in order to be entitled to such share of the said Capital
be then clearly and certainly solvent, but if any or either of
them be then insolvent, then and in such can I hereby order
and direct that the share of the capital of my said residency
Estate, which could otherwise be due and payable to such one
or more of my sons being insolvent be not paid, nor shall
the same be due payable collectable or recoverable to or by
such son or sons until he or they shall have obtained a full
and complete dischare from all his or their debts and
liabilities in such manner and form as hereinbefore specifies
in regard to the processing legacies to my before mentioned
two youngest sons, and in case no such discharge shall be
obtained by such insolvent son or sons then the share or
shares which would otherwise belong to him or them shall
after the before of the aforesaid period of four years be
continued to be invested and the net income thereby
[corresponds to page 192 of Will Book 3]
192
collectable or recoverable to or by such son or sons until he or
they shall have obtained a full and complete discharge
from all his or their debts and liabilities in such man=
=nner and form as herein before specified in regard to the re=
=curring legacies to my before named two youngest sons
and in the mean time and until such discharge be
obtained I hereby order and direct that the share or shares
of the said income which would otherwise have been due
and payable to him or them be paid to or applied to the
maintenance support and eduction of his or their children
by or under the directions of my said Executors if any such
children there be- and if not then to be paid to and equally
divided among any said other sons who may be then
solvent. But I hereby express my desire to without impos=
=ing any obligation either legal or equitable upon my said
Executors to apply such portions of the said surplus income
as they or a majority of them may in their own direction
deem proper from time to time to the comfortable maintain
and support of such insolvent son or sons and the said two
remaining parts of my said surplus income I hereby order &
direct to be paid the one to my grandson Frederick W.
Lawrence, sons of my deceased son Edward W. Lawrence
and the other to my grandson Edward W. Lawrence son
of my deceased daughter Caroline Angenta Lawrence and
upon the expiration of the said four years I hereby direct my
said Executors to pay and distribute ten equal twelfth parts
of the Capital of my said residency Estate to and among my
said children in the same proportions as hereinbefore directed
in regard to the said surplus income of my residency Estate
provided however and upon condition, that each of my said
sons in order to be entitled to such share of the said Capital
be then clearly and certainly solvent, but if any or either of
them be then insolvent, then and in such can I hereby order
and direct that the share of the capital of my said residency
Estate, which could otherwise be due and payable to such one
or more of my sons being insolvent be not paid, nor shall
the same be due payable collectable or recoverable to or by
such son or sons until he or they shall have obtained a full
and complete dischare from all his or their debts and
liabilities in such manner and form as hereinbefore specifies
in regard to the processing legacies to my before mentioned
two youngest sons, and in case no such discharge shall be
obtained by such insolvent son or sons then the share or
shares which would otherwise belong to him or them shall
after the before of the aforesaid period of four years be
continued to be invested and the net income thereby
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 245)
Description
[page 245]
[corresponds to page 193 of Will Book 3]
193
be disposed of in the manner hereinbefore directed during the said four
years and shall so continue during his or their life-time, and upon his
or their death. I hereby order the said share or shares to be paid to his
or their children and other descendants and for count there of to his or
their brothers or the issue of such of them as many hereafter die leaving
issue according to the law of distribution in cases of intentacy and
in order to furnish a key to the meaning of the foregiong provisions
in regard to my sons in case of the insolvency of any or either of
them. I think it proper to declare my intentions to be that no part of
my estate shall be appropriated to the payments of their debts or
engagements in the event of Insolvency so long as such insolvency
shall continue and that by insolvency I mean an actual in=
=ability to pay their existing debts and engagements in full with
without any aid or contribution from my estate and that I
consider it a moral duty to provide for my own sons either then
the payment of their Auditors at the same time it is best justice to
all my sons to say that very few parents have greater cause than
myself to be satisfied with their business habits and study and
correct deportment. But such is the present precarious terms of
property and so great and sudden are the fluctuations in regard
to it, that I feel myself imperiously called upon to use the utm=
=ost caution and circumspection in providing so far as
practicable for the support of my own immediate desen=
=dents. Sixth with regard to the said shares of my
before named two grand children my will and direction
an that the capital thereof shall not restrain them respect=
=ively either in interest or propasion until and unless they
shall severally live to attain the age of twenty one years
and during their respective minorities I hereby consistitute
and appoint any before named Executors and the
survivors and last survivor of them the Trustees or
Trustee of the capital of their respective shares and
I order and direct them and him to keep a seperate and
distinct account in relation to cash of the said shares
and to pay from time to time to the respective grandson
of my said grand children the whole or any part
of the income of their said shares at the direction of
my said Trustees or Trustee for or towards their sup=
=port maintenance and educative during their minorities
and should my said grandchild Frederick W. Lawrence
die before attaining to the age of twenty one years and during
the life time of Lydia A. Lawrence his mother or should
my said grandchild Edward W. Lawrence die before
attaining to the age of twenty one years and during the life=
=time of William Effingham Lawrence his Father there and
in either such case I direct the before named Trustees
[corresponds to page 193 of Will Book 3]
193
be disposed of in the manner hereinbefore directed during the said four
years and shall so continue during his or their life-time, and upon his
or their death. I hereby order the said share or shares to be paid to his
or their children and other descendants and for count there of to his or
their brothers or the issue of such of them as many hereafter die leaving
issue according to the law of distribution in cases of intentacy and
in order to furnish a key to the meaning of the foregiong provisions
in regard to my sons in case of the insolvency of any or either of
them. I think it proper to declare my intentions to be that no part of
my estate shall be appropriated to the payments of their debts or
engagements in the event of Insolvency so long as such insolvency
shall continue and that by insolvency I mean an actual in=
=ability to pay their existing debts and engagements in full with
without any aid or contribution from my estate and that I
consider it a moral duty to provide for my own sons either then
the payment of their Auditors at the same time it is best justice to
all my sons to say that very few parents have greater cause than
myself to be satisfied with their business habits and study and
correct deportment. But such is the present precarious terms of
property and so great and sudden are the fluctuations in regard
to it, that I feel myself imperiously called upon to use the utm=
=ost caution and circumspection in providing so far as
practicable for the support of my own immediate desen=
=dents. Sixth with regard to the said shares of my
before named two grand children my will and direction
an that the capital thereof shall not restrain them respect=
=ively either in interest or propasion until and unless they
shall severally live to attain the age of twenty one years
and during their respective minorities I hereby consistitute
and appoint any before named Executors and the
survivors and last survivor of them the Trustees or
Trustee of the capital of their respective shares and
I order and direct them and him to keep a seperate and
distinct account in relation to cash of the said shares
and to pay from time to time to the respective grandson
of my said grand children the whole or any part
of the income of their said shares at the direction of
my said Trustees or Trustee for or towards their sup=
=port maintenance and educative during their minorities
and should my said grandchild Frederick W. Lawrence
die before attaining to the age of twenty one years and during
the life time of Lydia A. Lawrence his mother or should
my said grandchild Edward W. Lawrence die before
attaining to the age of twenty one years and during the life=
=time of William Effingham Lawrence his Father there and
in either such case I direct the before named Trustees
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 246)
Description
[page 246]
[corresponds to page 194 of Will Book 3]
194
or Trustee to pay such surviving parent of such deceased
grand-child the income of the share of such deceased grand
child during the residence of his or her natural life and at
the decease of both such grand child under lawful age as
aforesaid and of such parent, I hereby give the capital of the
share of the grand child so dying to my next of kin to be divi
ded by and between them according to the statute of distribution
in cases of intestacy, my said sons respectively however tak
ing their respective shares thereof subject to the condition here
inbefore stated in case of the insolvency of any or either of them
Lastly I do hereby partly authorize and impower my said
Executors and the survivors and last survivor of them at
their or his discretion and at such time or times as they or
he my think most for this interest of my estate to sell and
convey the whole as any parts or part of my real estate either
for cash or upon credit or partly for cash and partly upon credit
and either at public or private sale and to compound or settle
by compromise any doubtful or disputed claims or demand
in which my Estate may be intrusted and thereupon either
to accept of or pay a part instead of the whole in full satis=
faction thereof - In witness whereof I have to these presents
set my and and seal this thirteenth day of April in the
year of our Lord One thousand eight hundred and forty
three John B. Lawrence {L.S.}
signed by John B. Lawrence the above named Testator
at the end thereof and by him sealed executed published
acknowledged and declared to us used for his last will and
testament in the presence of us, who in his presence and
at his request and in the presence of each other have hereto
subscribed on respective names as attending witnesses
writing opposite to our respective signatures the places
of our several residence the day and year lastly above
writen - the word "legacies" on the second page print stricked
out, and the word "said" on this page being first inter=
=lined. Geo. W. Strong No. 108 in Greenwich Street in the
city of New York, Geo. I. Strong No. 108 Greewich Street City
of New York - John Haver J No. 143. Broadway City of
New York
A Codicil to the foregoing will, whereas my two sons
George N. Lawrence and Alfred W. Lawrence are both
married the former having one child and the latter none
and in my said will I have omitted to make any
provision for their respective wives in case they should
survive their husbands without having any issue Now
therefore I do hereby direct that in the event of the
death of any said either of my before named two
[corresponds to page 194 of Will Book 3]
194
or Trustee to pay such surviving parent of such deceased
grand-child the income of the share of such deceased grand
child during the residence of his or her natural life and at
the decease of both such grand child under lawful age as
aforesaid and of such parent, I hereby give the capital of the
share of the grand child so dying to my next of kin to be divi
ded by and between them according to the statute of distribution
in cases of intestacy, my said sons respectively however tak
ing their respective shares thereof subject to the condition here
inbefore stated in case of the insolvency of any or either of them
Lastly I do hereby partly authorize and impower my said
Executors and the survivors and last survivor of them at
their or his discretion and at such time or times as they or
he my think most for this interest of my estate to sell and
convey the whole as any parts or part of my real estate either
for cash or upon credit or partly for cash and partly upon credit
and either at public or private sale and to compound or settle
by compromise any doubtful or disputed claims or demand
in which my Estate may be intrusted and thereupon either
to accept of or pay a part instead of the whole in full satis=
faction thereof - In witness whereof I have to these presents
set my and and seal this thirteenth day of April in the
year of our Lord One thousand eight hundred and forty
three John B. Lawrence {L.S.}
signed by John B. Lawrence the above named Testator
at the end thereof and by him sealed executed published
acknowledged and declared to us used for his last will and
testament in the presence of us, who in his presence and
at his request and in the presence of each other have hereto
subscribed on respective names as attending witnesses
writing opposite to our respective signatures the places
of our several residence the day and year lastly above
writen - the word "legacies" on the second page print stricked
out, and the word "said" on this page being first inter=
=lined. Geo. W. Strong No. 108 in Greenwich Street in the
city of New York, Geo. I. Strong No. 108 Greewich Street City
of New York - John Haver J No. 143. Broadway City of
New York
A Codicil to the foregoing will, whereas my two sons
George N. Lawrence and Alfred W. Lawrence are both
married the former having one child and the latter none
and in my said will I have omitted to make any
provision for their respective wives in case they should
survive their husbands without having any issue Now
therefore I do hereby direct that in the event of the
death of any said either of my before named two
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 247)
Description
[page 247]
[corresponds to page 195 of Will Book 3]
195
sons having his wife but no child him surviving before such
son is entitled according to my said will to his share of the
capital of my residency estate, that in such can such wife shall
during the residence of her natural be entitled to have and receive
the net income of the one half of such share and I direct this
codicil to be added to and form part of my said will. In wit=
ness whereof I have to these presents set my hand and seal this
nineteenth day of April in the year of our Lord one thousand
eight hundred and forty three John B. Lawrence {L.S.}
signed by John B. Lawrence the above named Testator at the
and hereof and by him sealed published acknowledged and
declared as and for a codicil to his last will and testament
in the presence of us who in his presence and at his request
and in the presence of each other have hereto subscribed our
respective names as attesting witnesses writing opposite to
our respective names our several places of residence the
day and year lastly above written Geo. W. Strong No. 108 in
Greenwich street in the City of New York, Marshall S. Bedwell
No. 27. Clinton Place (Eighth Street) in the city of New York
Wm C. Shemeshorn No. 6. Great Jones Street in the city of
New York.
In the matter of proving the }
last will and testament of }
John B. Lawrence Deceased }
______________ ___________ City and County of New York
Newbold Lawrence of the City of New York being duly affirmed
and examined before Charles McVean Surrogate of the County
of New York dotto declare and say that he found the testament
in writing now produced and shown to deponent propiety
to be the last will and testament of John B. Lawrence deceased
bearing date the thirteenth day of April 18 in the year one thous+
=and eight hundred and forty three in an Iron Chest among
the private papers of the deceased a short time after his decease
that said Instrument Remained in the custody of deponent
until he brought the same to the office of the Surrogate of the
County of New York when he deposited the same for Probate
and that the said instrument remained in the Custody
of Deponent the same was in no Espect altered or changed.
Affirmed this eighth day of } Newbold Lawrence
November 1844 - before me }
Charles McVean }
In the matter of proving the }
last will and Testament of }
John B. Lawrence Deceased }
---------- --------- } City County of New York Ss:
[corresponds to page 195 of Will Book 3]
195
sons having his wife but no child him surviving before such
son is entitled according to my said will to his share of the
capital of my residency estate, that in such can such wife shall
during the residence of her natural be entitled to have and receive
the net income of the one half of such share and I direct this
codicil to be added to and form part of my said will. In wit=
ness whereof I have to these presents set my hand and seal this
nineteenth day of April in the year of our Lord one thousand
eight hundred and forty three John B. Lawrence {L.S.}
signed by John B. Lawrence the above named Testator at the
and hereof and by him sealed published acknowledged and
declared as and for a codicil to his last will and testament
in the presence of us who in his presence and at his request
and in the presence of each other have hereto subscribed our
respective names as attesting witnesses writing opposite to
our respective names our several places of residence the
day and year lastly above written Geo. W. Strong No. 108 in
Greenwich street in the City of New York, Marshall S. Bedwell
No. 27. Clinton Place (Eighth Street) in the city of New York
Wm C. Shemeshorn No. 6. Great Jones Street in the city of
New York.
In the matter of proving the }
last will and testament of }
John B. Lawrence Deceased }
______________ ___________ City and County of New York
Newbold Lawrence of the City of New York being duly affirmed
and examined before Charles McVean Surrogate of the County
of New York dotto declare and say that he found the testament
in writing now produced and shown to deponent propiety
to be the last will and testament of John B. Lawrence deceased
bearing date the thirteenth day of April 18 in the year one thous+
=and eight hundred and forty three in an Iron Chest among
the private papers of the deceased a short time after his decease
that said Instrument Remained in the custody of deponent
until he brought the same to the office of the Surrogate of the
County of New York when he deposited the same for Probate
and that the said instrument remained in the Custody
of Deponent the same was in no Espect altered or changed.
Affirmed this eighth day of } Newbold Lawrence
November 1844 - before me }
Charles McVean }
In the matter of proving the }
last will and Testament of }
John B. Lawrence Deceased }
---------- --------- } City County of New York Ss:
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 248)
Description
[page 248]
[corresponds to page 196 of Will Book 3]
196
George W. Strong of the City of New York being duly sworn
and examined before Charles McVean Surrogate of the
County of New York, doth depose and say that he was well
acquainted with John B. Lawrence now deceased, that he
was present as a Witness and did see the said John B. Law=
=rence subscribe his name to the instrument in writing
now produced and shown to deponent purporting to be the
last will and testament of said deceased bearing date the
thirteenth day of April in the year one thousand eight Hun=
=dred and forty three - that such subscription was made
by the said Testator in the presence of this deponent - that the
said Testator at the same time declared the instrument so sub=
=scribed by him to be his last will and testament Wherefrom
this deponent signed his name as a witness at the end thereof
in the presence of and at the request of said Testator, and that
the said Testator at the time of executing the same and pub=
=lishing the said last will and testament, was of full age of
sound mind and memory and not under any restraint
and was in all respects competent to devise real estate
and deponent further says that he saw George S. Strong and
John Haver Jr sign said will as witnesses in the presence of
and at the request of said Testator
Sworn this twenty ninth day of }
October 1844 before me Charles } Geo. W. Strong -
McVean
In the matter of proving the }
last Will and Testament of }
John B. Lawrence deceased }
----------- ---------- County of New York Ss:
Geo. T. Strong of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County
of New York doth depose and say that he was well acquainted
with John B. Lawrence now deceased - that he was present
as a Witness and did see the said John B. Lawrence subscribe
his name to the instrument in writing now produced and shown
to deponent purporting to be the last will and testament of
said deceased, bearing date the thirteenth day of April in the year
one thousand Eight Hundred and forth three - that such
subscription was made by the said Testator in the presence
of this deponent - that the said Testator, at the same time delcared
the instrument so subscribed by him to be his last will and testa=
=ment. Whereupon this deponent signed his name as a witness
at the end thereof in the presence and at the request of said Testator
and that the said Testator at the time of executing and publishing
the said last will and testament was of full age of sound
mind and memory and not under any restraint - and
[corresponds to page 196 of Will Book 3]
196
George W. Strong of the City of New York being duly sworn
and examined before Charles McVean Surrogate of the
County of New York, doth depose and say that he was well
acquainted with John B. Lawrence now deceased, that he
was present as a Witness and did see the said John B. Law=
=rence subscribe his name to the instrument in writing
now produced and shown to deponent purporting to be the
last will and testament of said deceased bearing date the
thirteenth day of April in the year one thousand eight Hun=
=dred and forty three - that such subscription was made
by the said Testator in the presence of this deponent - that the
said Testator at the same time declared the instrument so sub=
=scribed by him to be his last will and testament Wherefrom
this deponent signed his name as a witness at the end thereof
in the presence of and at the request of said Testator, and that
the said Testator at the time of executing the same and pub=
=lishing the said last will and testament, was of full age of
sound mind and memory and not under any restraint
and was in all respects competent to devise real estate
and deponent further says that he saw George S. Strong and
John Haver Jr sign said will as witnesses in the presence of
and at the request of said Testator
Sworn this twenty ninth day of }
October 1844 before me Charles } Geo. W. Strong -
McVean
In the matter of proving the }
last Will and Testament of }
John B. Lawrence deceased }
----------- ---------- County of New York Ss:
Geo. T. Strong of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County
of New York doth depose and say that he was well acquainted
with John B. Lawrence now deceased - that he was present
as a Witness and did see the said John B. Lawrence subscribe
his name to the instrument in writing now produced and shown
to deponent purporting to be the last will and testament of
said deceased, bearing date the thirteenth day of April in the year
one thousand Eight Hundred and forth three - that such
subscription was made by the said Testator in the presence
of this deponent - that the said Testator, at the same time delcared
the instrument so subscribed by him to be his last will and testa=
=ment. Whereupon this deponent signed his name as a witness
at the end thereof in the presence and at the request of said Testator
and that the said Testator at the time of executing and publishing
the said last will and testament was of full age of sound
mind and memory and not under any restraint - and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 249)
Description
[page 249]
[corresponds to page 197 of Will Book 3]
197
was in all respects competent to devise Real Estate - and deponent fur=
=ther says that he saw George W. Strong and John Haver Jr sign said
will as witnesses in the presence of and at the request of said Testator
sworn this 29th day of October 1844 }
before me Charles McVean } George T. Strong --
In the matter of proving the }
last will and Testament of }
John B. Lawrence deceased }
-------------- ---------- County of New York Ss:
John Haver Jr of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County of
New York doth depose and say that he was present as a witness and
did see the said John B. Lawrence subscribe his name to the
instrument in writing now produced and shown to deponent purpor
ting to be the last will and testament of said decease bearing date the
thirteenth day of April in the year One Thousand Eight hundred & forty
three - that such subscription was made by the said Testator
in the presence of this deponent - that the said Testator at the
same time declared the instrument so subscribed by him
to be his last will and Testament. Whereupon the deponent
signed his name as a Witness at the end thereof in the pres
ence of and at the request of the said Testator - and the said
testator at the time of executing and publishing the said
last will and testament was of full age - of sound mind
and memory and not under any restraint and was
in all respects competent to divide real Estate and deponent
further says that he saw George M. Strong and George T. Strong
sign said will as witnesses in the presence and at the request
of said Testator
Sworn this eight day of November } John Haver Jr.
1844 before me Charles McVean }
In the matter of proving the }
last Will and testament of }
John B. Lawrence deceased }
-------- ---------- County of New York Ss:
George W. Strong of the City of New York being duly sworn
and examined before Charles McVean surrogate of the
County of New York doth depose and say that he was well acq=
=uainted with John B. Lawrence now deceased - that he was
present as a witness and did see the said John B. Lawrence
subscribe his name to the instrument in writing now prod=
=uced and shows to deponent purporting to be a Codicil to the
last will and testament of said deceased bearing date the nine=
=teenth day of April in the year one thousand eight hundred
[corresponds to page 197 of Will Book 3]
197
was in all respects competent to devise Real Estate - and deponent fur=
=ther says that he saw George W. Strong and John Haver Jr sign said
will as witnesses in the presence of and at the request of said Testator
sworn this 29th day of October 1844 }
before me Charles McVean } George T. Strong --
In the matter of proving the }
last will and Testament of }
John B. Lawrence deceased }
-------------- ---------- County of New York Ss:
John Haver Jr of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County of
New York doth depose and say that he was present as a witness and
did see the said John B. Lawrence subscribe his name to the
instrument in writing now produced and shown to deponent purpor
ting to be the last will and testament of said decease bearing date the
thirteenth day of April in the year One Thousand Eight hundred & forty
three - that such subscription was made by the said Testator
in the presence of this deponent - that the said Testator at the
same time declared the instrument so subscribed by him
to be his last will and Testament. Whereupon the deponent
signed his name as a Witness at the end thereof in the pres
ence of and at the request of the said Testator - and the said
testator at the time of executing and publishing the said
last will and testament was of full age - of sound mind
and memory and not under any restraint and was
in all respects competent to divide real Estate and deponent
further says that he saw George M. Strong and George T. Strong
sign said will as witnesses in the presence and at the request
of said Testator
Sworn this eight day of November } John Haver Jr.
1844 before me Charles McVean }
In the matter of proving the }
last Will and testament of }
John B. Lawrence deceased }
-------- ---------- County of New York Ss:
George W. Strong of the City of New York being duly sworn
and examined before Charles McVean surrogate of the
County of New York doth depose and say that he was well acq=
=uainted with John B. Lawrence now deceased - that he was
present as a witness and did see the said John B. Lawrence
subscribe his name to the instrument in writing now prod=
=uced and shows to deponent purporting to be a Codicil to the
last will and testament of said deceased bearing date the nine=
=teenth day of April in the year one thousand eight hundred
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 250)
Description
[page 250]
[corresponds to page 198 of Will Book 3]
198
and forty three - that such subscription was made by the said
Testator in the presence of this deponent - that the
said Testator at the same time declared the instrument so sub
cribed by him to be a Codicil to his last will and testament
whereupon this deponent signed his name as a witness at the
end thereof in the presence of and at the request of said Testator
and that the said Testator at the time of executing and publis
hing the said Codicil to his last will and testament, was
of full age of sound mind and memory and not
under any restraint and was in all respects competent
to devise real Estate - and deponenet further says that he
saw William C. Shemerhorn and Marshall L. Bidwell
sign said codicil to said will as witnesses in the presence
of and at the request of said Testator -
Sworn this twenty ninth day of Ocotber 1844 } Geo. W. Strong
before me Charles McVean }
In the matter of Proving the }
last Will and testament of }
John B. Lawrence deceased }
--------- --------- } County of New York Ss:
Marshall S. Bidwell of the City of New York being duly sworn
and examined before Charles McVean Surrogate of the County
of New York doth depose and say that he was well acquainted with
John B. Lawrence now deceased - that he was present as a wit=
=ness and did see the said John B. Lawrence subscribe his name
to the instrument in writing now produced and shown to depo
nent purporting to be a Codicil to the last will and testament
of said deceased bearing date the nineteeneth day of April in
the year one thousand eight hundred and forty three -
that such subscription was made by the said Testator in the
presence of this deponent - that the said testator at the same time
declared the instrument so subscribed by him to be a Cod
icil to his last will and testament, Whereupon this deponent
signed his name as a witness at the end thereof in the presence
of and at the request of said Testator, and that the said Testator
at the time of executing and publishing the said Codicil to
his last will and testament, was of full age - of sound mi
nd and memory and not under any restraint and
was in all respects competent to devise real Estate and
deponent further says that he saw George W. Strong and
William C. Schumerborn sign said Codicil to said Will
as wtinesses in the presence of and at the request of said Testator
Sworn this twenty ninth day of }
Ocotber 1844 before me }
Charles McVean } Marshal L. Bidwell
[corresponds to page 198 of Will Book 3]
198
and forty three - that such subscription was made by the said
Testator in the presence of this deponent - that the
said Testator at the same time declared the instrument so sub
cribed by him to be a Codicil to his last will and testament
whereupon this deponent signed his name as a witness at the
end thereof in the presence of and at the request of said Testator
and that the said Testator at the time of executing and publis
hing the said Codicil to his last will and testament, was
of full age of sound mind and memory and not
under any restraint and was in all respects competent
to devise real Estate - and deponenet further says that he
saw William C. Shemerhorn and Marshall L. Bidwell
sign said codicil to said will as witnesses in the presence
of and at the request of said Testator -
Sworn this twenty ninth day of Ocotber 1844 } Geo. W. Strong
before me Charles McVean }
In the matter of Proving the }
last Will and testament of }
John B. Lawrence deceased }
--------- --------- } County of New York Ss:
Marshall S. Bidwell of the City of New York being duly sworn
and examined before Charles McVean Surrogate of the County
of New York doth depose and say that he was well acquainted with
John B. Lawrence now deceased - that he was present as a wit=
=ness and did see the said John B. Lawrence subscribe his name
to the instrument in writing now produced and shown to depo
nent purporting to be a Codicil to the last will and testament
of said deceased bearing date the nineteeneth day of April in
the year one thousand eight hundred and forty three -
that such subscription was made by the said Testator in the
presence of this deponent - that the said testator at the same time
declared the instrument so subscribed by him to be a Cod
icil to his last will and testament, Whereupon this deponent
signed his name as a witness at the end thereof in the presence
of and at the request of said Testator, and that the said Testator
at the time of executing and publishing the said Codicil to
his last will and testament, was of full age - of sound mi
nd and memory and not under any restraint and
was in all respects competent to devise real Estate and
deponent further says that he saw George W. Strong and
William C. Schumerborn sign said Codicil to said Will
as wtinesses in the presence of and at the request of said Testator
Sworn this twenty ninth day of }
Ocotber 1844 before me }
Charles McVean } Marshal L. Bidwell
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 251)
Description
[page 251]
[corresponds to page 199 of Will Book 3]
199
In the matter of proving the }
last Will and testament of }
John B. Lawrence deceased }
--------- ---------- } County of New York Ss:
William C. Schemerhorn of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County of New York
doth depose and say that he was well acquainted with John B. Law
rence now deceased - that he was present as a witness and did see
the said John B. Lawrence subscribe his name to the instrument
in writing now produced and shown to deponent purporting to be
a Codicil to the last will and testament of said deceased bearing date
the nineteeneth day of April One thousand eight hundred and forty three
- that such subscription was made by the said Testator in the presence
of this deponent - that the said Testator at the same time declared the
Instrument so subscribed by him to be a codicil to his last will and
Testament. Whereupon this deponent signed his name as a witness at
the end thereof in the presence of and at the request of said Testator, and
that the said Testator at the time of executing and publishing
the said Codicil to his last will and testament was of full age
of sound mind and memory and not under any restraint
and was in all respects competent to devise real Estate - and
deponent further says that he saw George W. Strong and Mar
shall S. Bidwell sign said codicil to said will as witn=
=ess in the presense of and at the request of said Testator
Sworn this twenty ninth day of
October 1844 before me Charles William C. Schemerhorn
McVean
County of New York Ss. Recorded the preceding
last will and Testament and Codicil thereto of John B.
Lawrence deceased as a will and Codicil of real and
personal Estate - together with the proofs examinations
and other proceedings taken and had in the Court of
the Surrogate of the County of New York relating to the prov
ing of the said last will and testament, which record
is hereby signed and certified and signed by me pur
suant to the revised statutes the eigth day of November
in the year of our Lord One thousand eight hundred and
forty four
Charles McVean
The People of the State of New York By the Grace of God Free
and independent. To all to whom these presents shall
come Greeting or may concern send Greeting Know ye
that at the County of New York on the eigth day of November
in the year of our Lord One Thousand Eight hundred and
fifty by forty four before Charles McVean Esquire Surrogate
[corresponds to page 199 of Will Book 3]
199
In the matter of proving the }
last Will and testament of }
John B. Lawrence deceased }
--------- ---------- } County of New York Ss:
William C. Schemerhorn of the City of New York being duly sworn and
examined before Charles McVean Surrogate of the County of New York
doth depose and say that he was well acquainted with John B. Law
rence now deceased - that he was present as a witness and did see
the said John B. Lawrence subscribe his name to the instrument
in writing now produced and shown to deponent purporting to be
a Codicil to the last will and testament of said deceased bearing date
the nineteeneth day of April One thousand eight hundred and forty three
- that such subscription was made by the said Testator in the presence
of this deponent - that the said Testator at the same time declared the
Instrument so subscribed by him to be a codicil to his last will and
Testament. Whereupon this deponent signed his name as a witness at
the end thereof in the presence of and at the request of said Testator, and
that the said Testator at the time of executing and publishing
the said Codicil to his last will and testament was of full age
of sound mind and memory and not under any restraint
and was in all respects competent to devise real Estate - and
deponent further says that he saw George W. Strong and Mar
shall S. Bidwell sign said codicil to said will as witn=
=ess in the presense of and at the request of said Testator
Sworn this twenty ninth day of
October 1844 before me Charles William C. Schemerhorn
McVean
County of New York Ss. Recorded the preceding
last will and Testament and Codicil thereto of John B.
Lawrence deceased as a will and Codicil of real and
personal Estate - together with the proofs examinations
and other proceedings taken and had in the Court of
the Surrogate of the County of New York relating to the prov
ing of the said last will and testament, which record
is hereby signed and certified and signed by me pur
suant to the revised statutes the eigth day of November
in the year of our Lord One thousand eight hundred and
forty four
Charles McVean
The People of the State of New York By the Grace of God Free
and independent. To all to whom these presents shall
come Greeting or may concern send Greeting Know ye
that at the County of New York on the eigth day of November
in the year of our Lord One Thousand Eight hundred and
fifty by forty four before Charles McVean Esquire Surrogate
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 252)
Description
[page 252]
[corresponds to page 200 of Will Book 3]
200
of our said County the last said and testament of John B.
Lawrence deceased was proved and is now approved and
allowed by in - and the said John B. Lawrence, being at or
immediately provisions to his death an Inhabitant of the County
of New York by reason whereof the proving and registering of
said will, and the granting of administration of all and
singular the Goods & Chattels & credits of the said Testator and
also the auditing allowing and final discharging the amount
thereof both belong unto us the administration of all and
singular the goods Chattels & credits of the said deceased and
any way concerning his will is granted unto George N. Law
rence and Newbold Lawrence of the city of New York Two of the
Executors in the said will named, they being first duly affirmed
faithfully and honestly to discharge the duties of such Executors
according to law. In Testimony whereof we have caused the
[L.S.] seal of office of our said surrogate to be hereunto annexed
witness Charles McVean sur Esquire Surrogate of our said
County at the City of New York, the Eigth day of November
in the year of our Lord One Thousand Eight hundred
and forty four and of our independence the Sixty Ninth
Charles McVean
Fees $10.00 net paid
[corresponds to page 200 of Will Book 3]
200
of our said County the last said and testament of John B.
Lawrence deceased was proved and is now approved and
allowed by in - and the said John B. Lawrence, being at or
immediately provisions to his death an Inhabitant of the County
of New York by reason whereof the proving and registering of
said will, and the granting of administration of all and
singular the Goods & Chattels & credits of the said Testator and
also the auditing allowing and final discharging the amount
thereof both belong unto us the administration of all and
singular the goods Chattels & credits of the said deceased and
any way concerning his will is granted unto George N. Law
rence and Newbold Lawrence of the city of New York Two of the
Executors in the said will named, they being first duly affirmed
faithfully and honestly to discharge the duties of such Executors
according to law. In Testimony whereof we have caused the
[L.S.] seal of office of our said surrogate to be hereunto annexed
witness Charles McVean sur Esquire Surrogate of our said
County at the City of New York, the Eigth day of November
in the year of our Lord One Thousand Eight hundred
and forty four and of our independence the Sixty Ninth
Charles McVean
Fees $10.00 net paid
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 253)
Description
[page 253]
[corresponds to page 201 of Will Book 3]
Will of Samuel Blount Dec'd 201
Proceedings had before the Probate Court of Delaware
County Ohio on the 15th day of July A.D. 1854 - Present
D.L. Fuller Judge of said Court.
The last will and testament of Samuel Blount late of
Delaware in said County deceased was this day produ
ced in court by Samuel Rheem the Executor in said
will named, and Henry J. Eaton James Eaton and
Leonard Turner witnesses to said will appeared and
in open court on oath testified to the due execution
of said will, which testimony was reduced to writing
and by them respectively subscribed and filed with
said will. And it appearing to the Court by said
testimony that said will was duly attested and
executed and that the said Testator at the time of
executing the same was of full age of sound mind
and memory and not under any restraint, It
is ordered by the Court that said will and testim
ony be recorded as follows towit:
I Samuel Blount of Delaware Delaware County
State of Ohio being of sound dis and disposing mind
memory and understanding do make publick
and declare this to be my last will and testament
hereby revoking and making null and void all
former last wills and testaments and writings in
the anture of last wills and testaments by me hereto
fore made 1st It is my will that my funeral ch
arges and just debts shall be paid by my executor here
inafter named. 2nd The residence of my Estate real
personal and mixed of which I shall be signed and
prepared or to which I shall be entitled at the time of
my decease, not required for the payment of my
just debts, personal charges and the expense attending
the execution of this my last will and the administra
tion of my estate I give devise and bequeath to my
beloved wife Maria W. Blount to have and to hold
the same to her and to her heirs or aforges to her and
their use and behalf of forever - hereby fully authorizing
my said wife Maria W. Blount to use and dispose of
the same as any past thereof as she may think best.
3rd I do hereby nominate and appoint Samuel
Blount Rheem of Delaware Delaware County State
of Ohio to be the sole executor of this my last will and
Testament
In testimony whereof I the said Samuel Blount
have hereunto subscribed my name and affirmed
[corresponds to page 201 of Will Book 3]
Will of Samuel Blount Dec'd 201
Proceedings had before the Probate Court of Delaware
County Ohio on the 15th day of July A.D. 1854 - Present
D.L. Fuller Judge of said Court.
The last will and testament of Samuel Blount late of
Delaware in said County deceased was this day produ
ced in court by Samuel Rheem the Executor in said
will named, and Henry J. Eaton James Eaton and
Leonard Turner witnesses to said will appeared and
in open court on oath testified to the due execution
of said will, which testimony was reduced to writing
and by them respectively subscribed and filed with
said will. And it appearing to the Court by said
testimony that said will was duly attested and
executed and that the said Testator at the time of
executing the same was of full age of sound mind
and memory and not under any restraint, It
is ordered by the Court that said will and testim
ony be recorded as follows towit:
I Samuel Blount of Delaware Delaware County
State of Ohio being of sound dis and disposing mind
memory and understanding do make publick
and declare this to be my last will and testament
hereby revoking and making null and void all
former last wills and testaments and writings in
the anture of last wills and testaments by me hereto
fore made 1st It is my will that my funeral ch
arges and just debts shall be paid by my executor here
inafter named. 2nd The residence of my Estate real
personal and mixed of which I shall be signed and
prepared or to which I shall be entitled at the time of
my decease, not required for the payment of my
just debts, personal charges and the expense attending
the execution of this my last will and the administra
tion of my estate I give devise and bequeath to my
beloved wife Maria W. Blount to have and to hold
the same to her and to her heirs or aforges to her and
their use and behalf of forever - hereby fully authorizing
my said wife Maria W. Blount to use and dispose of
the same as any past thereof as she may think best.
3rd I do hereby nominate and appoint Samuel
Blount Rheem of Delaware Delaware County State
of Ohio to be the sole executor of this my last will and
Testament
In testimony whereof I the said Samuel Blount
have hereunto subscribed my name and affirmed
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 254)
Description
[page 254]
[corresponds to page 202 of Will Book 3]
202
my seal this day of May in the year of our
Lord One Thousand Eight Hundred and fifty
four
Signed sealed and declared by } his
said Samuel Blount to be his } Samuel X Blount
last will and Testament in presence } mark
of us who at his request and in }
his presence have subscribed our record }
as witnesses hereto in the presence of each other }
James Eaton
Leonard Turner
Henry J. Eaton
The State of Ohio Delaware County Ss:
we James Eaton Henry J. Eaton and Leonard
Turner being duly sworn in open court this 15th day
of July 1854 depose and say that we were present at
the execution of the last will and testament of Samuel
Blount hereinto annexed that we saw the said testator
subscribe said will and heard him publish and
declare the same the same to be his last will
and testament, and the said testator at the time
of executing the same was of age of sound mind
and memory and not under any restraint and that
me signed the same as witnesses at this request
and in his presence { Leonard Turner
{ Henry J. Eaton
Sworn to and subscribed { James Eaton
before me in open court
this 15th day July 1854
D.L. Fuller
Prob Judge
The Last will and testament of William Beadle
Proceedings had before the Probate Court of Delaware
Court Ohio on the 23rd day of September A.D. 1854
Present John B. Rosetto, Judge of said court.
The Last will & testament of William Beadle
of Delaware County decease was this day produced
in court to Mr. Finch & Chritchfield Attorneys for
the executors in said will named and Henry J.
Eaton and Alford Beadle witnesses in said will
named appear and in open court on oath
testified to the due execution of said will: which
testimony on a reduced to writing and then as prating
subscribe and filed with in a will:
[corresponds to page 202 of Will Book 3]
202
my seal this day of May in the year of our
Lord One Thousand Eight Hundred and fifty
four
Signed sealed and declared by } his
said Samuel Blount to be his } Samuel X Blount
last will and Testament in presence } mark
of us who at his request and in }
his presence have subscribed our record }
as witnesses hereto in the presence of each other }
James Eaton
Leonard Turner
Henry J. Eaton
The State of Ohio Delaware County Ss:
we James Eaton Henry J. Eaton and Leonard
Turner being duly sworn in open court this 15th day
of July 1854 depose and say that we were present at
the execution of the last will and testament of Samuel
Blount hereinto annexed that we saw the said testator
subscribe said will and heard him publish and
declare the same the same to be his last will
and testament, and the said testator at the time
of executing the same was of age of sound mind
and memory and not under any restraint and that
me signed the same as witnesses at this request
and in his presence { Leonard Turner
{ Henry J. Eaton
Sworn to and subscribed { James Eaton
before me in open court
this 15th day July 1854
D.L. Fuller
Prob Judge
The Last will and testament of William Beadle
Proceedings had before the Probate Court of Delaware
Court Ohio on the 23rd day of September A.D. 1854
Present John B. Rosetto, Judge of said court.
The Last will & testament of William Beadle
of Delaware County decease was this day produced
in court to Mr. Finch & Chritchfield Attorneys for
the executors in said will named and Henry J.
Eaton and Alford Beadle witnesses in said will
named appear and in open court on oath
testified to the due execution of said will: which
testimony on a reduced to writing and then as prating
subscribe and filed with in a will:
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 255)
Description
[page 255]
[corresponds to page 203 of Will Book 3]
203
And it appearing to the court that by said testimony that
said will was duly attested and executed and that the said
testator was of at the time of executing said will was of
full age and sound mind, and memory and not under
any restraint, it is ordered by the court that said will and
testimony be recorded as follows towit:
In the name of the
Benevolent, I William Beadle of Delaware Ohio do make and
publish this my Last will and testament. Item 1st - I give
and devise to my beloved wife in leiu of Dower. The House &
lot on which we now reside situate on the south west
corner of Liberty Street and Third Street in the Town of Delaware
Ohio said lot containing about two thirds of an acre of land, being
so much as is now enclosed, in the yard about the house
extending west to the west line of and including the brick
barn in fee simple to her and heirs and assigns forever
and all the stock household goods furniture provisions and
other goods and chattles. Which may be there on, at the time
of my decease also my family carriage six promissory
notes of five hundred dollars each amounting to three
thousand dollars together with the interest that may have all
accrued thereon, of the notes given to me by L.S. Wheaton &
dated August twenty ninth A.D. 1854. Also all rents for rooms
or houses now due on which may be due hereafter reserving
to my son John Maha the privilege of taking possession of
and occupying for his residence at any time he may
wish, the new brick dwelling house on the east side of Liberty
Street and opposite to the house where I now reside, which
new brick dwelling aforesaid with the lot on which it stands
I have deeded to my son John Maha -
Item 2' I give and
bequeath to my three Daughters, Sarah Elizabeth, Margarett
Catharine, Harriett Mathilda, Each one Town Lot four rods
in width fronting on the south side of Third Street in the
Town of Delaware, said Lots extending back to the south
Line of the track which is west, adjoining the Lot on which
I now reside, and which tract extends west to Lot owned
by Henry Carpenter, Sarah Elizabeth to have the first
section of her Lot to be located any where in said
she may choose. Margarett Catharine the second choice
and Harriett Mathilda the third- I do further devise and
bequeath to my daughters aforesaid each the sum of Eight
hundred Dollars in cash. My wife to have the income of said
money so long as my said daughters may continue to Live
with her. Item 3rd I devise and bequeath to two sons
William Perry and Samuel Bonham each the sum of five
[corresponds to page 203 of Will Book 3]
203
And it appearing to the court that by said testimony that
said will was duly attested and executed and that the said
testator was of at the time of executing said will was of
full age and sound mind, and memory and not under
any restraint, it is ordered by the court that said will and
testimony be recorded as follows towit:
In the name of the
Benevolent, I William Beadle of Delaware Ohio do make and
publish this my Last will and testament. Item 1st - I give
and devise to my beloved wife in leiu of Dower. The House &
lot on which we now reside situate on the south west
corner of Liberty Street and Third Street in the Town of Delaware
Ohio said lot containing about two thirds of an acre of land, being
so much as is now enclosed, in the yard about the house
extending west to the west line of and including the brick
barn in fee simple to her and heirs and assigns forever
and all the stock household goods furniture provisions and
other goods and chattles. Which may be there on, at the time
of my decease also my family carriage six promissory
notes of five hundred dollars each amounting to three
thousand dollars together with the interest that may have all
accrued thereon, of the notes given to me by L.S. Wheaton &
dated August twenty ninth A.D. 1854. Also all rents for rooms
or houses now due on which may be due hereafter reserving
to my son John Maha the privilege of taking possession of
and occupying for his residence at any time he may
wish, the new brick dwelling house on the east side of Liberty
Street and opposite to the house where I now reside, which
new brick dwelling aforesaid with the lot on which it stands
I have deeded to my son John Maha -
Item 2' I give and
bequeath to my three Daughters, Sarah Elizabeth, Margarett
Catharine, Harriett Mathilda, Each one Town Lot four rods
in width fronting on the south side of Third Street in the
Town of Delaware, said Lots extending back to the south
Line of the track which is west, adjoining the Lot on which
I now reside, and which tract extends west to Lot owned
by Henry Carpenter, Sarah Elizabeth to have the first
section of her Lot to be located any where in said
she may choose. Margarett Catharine the second choice
and Harriett Mathilda the third- I do further devise and
bequeath to my daughters aforesaid each the sum of Eight
hundred Dollars in cash. My wife to have the income of said
money so long as my said daughters may continue to Live
with her. Item 3rd I devise and bequeath to two sons
William Perry and Samuel Bonham each the sum of five
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 256)
Description
[page 256]
[corresponds to page 204 of Will Book 3]
204
hundred dollars to be expended by them in building
them each a house, on the town Lots which I have
recently deeded to them. My wife to have the rest of the
said houses so long as they may continue to Live with
her. Item 4th, I do hereby nominate and appoint
my beloved wife Executrix and my oldest son John
Maha executor of this my last will and testament
hereby authorising and empowering them to compromise
adjust, release & discharge in such as they may deem
proper, the debts & claims due me. I do authorize
empower them whenever they may deem it beneficial
and proper to sell by private sale or otherwise as they
may deem best. all or any part of my real estate
and deeds to purchases to execute acknowledge and
deliver in fee simple, and whatever remains of the
proceeds if any after my just debts and the several legacies
herein before mentioned the same to equally divided between
my wife and my three sons and three daughters heretofore
mentioned each taking the one seventh part thereof
I do revoke all former wills by me made. In testimony
whereof I have herento set my hand and seal this thirty first
day of August A.D. 1854 William Beedle - {seal}
Signed and acknowledged by said William Beedle as his
Last will and testament in our presence and signed by
us in his presence - Alford Beedle & Henry J. Eaton
The State of Ohio Delaware County Ss-
We Alford Beedle and Henry J Eaton being duly sworn
in open Court this twenty third day of September A.D.
1854 depose and say that we were present at the execution
of the Last will and testament of William Beedle, hereto
annexed: that we saw the said testator subscribe said
will and heard him publish and declare the same
to be his last will and testament and that said testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint
and that we signed the same as witnesses at this request
Signed by Henry J. Eaton and William Beedle -
sworn to and subscribed before me this twenty
third day of September A.D. 1854 -
John E. Rosetti Probate Judge within and
for said County
[corresponds to page 204 of Will Book 3]
204
hundred dollars to be expended by them in building
them each a house, on the town Lots which I have
recently deeded to them. My wife to have the rest of the
said houses so long as they may continue to Live with
her. Item 4th, I do hereby nominate and appoint
my beloved wife Executrix and my oldest son John
Maha executor of this my last will and testament
hereby authorising and empowering them to compromise
adjust, release & discharge in such as they may deem
proper, the debts & claims due me. I do authorize
empower them whenever they may deem it beneficial
and proper to sell by private sale or otherwise as they
may deem best. all or any part of my real estate
and deeds to purchases to execute acknowledge and
deliver in fee simple, and whatever remains of the
proceeds if any after my just debts and the several legacies
herein before mentioned the same to equally divided between
my wife and my three sons and three daughters heretofore
mentioned each taking the one seventh part thereof
I do revoke all former wills by me made. In testimony
whereof I have herento set my hand and seal this thirty first
day of August A.D. 1854 William Beedle - {seal}
Signed and acknowledged by said William Beedle as his
Last will and testament in our presence and signed by
us in his presence - Alford Beedle & Henry J. Eaton
The State of Ohio Delaware County Ss-
We Alford Beedle and Henry J Eaton being duly sworn
in open Court this twenty third day of September A.D.
1854 depose and say that we were present at the execution
of the Last will and testament of William Beedle, hereto
annexed: that we saw the said testator subscribe said
will and heard him publish and declare the same
to be his last will and testament and that said testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint
and that we signed the same as witnesses at this request
Signed by Henry J. Eaton and William Beedle -
sworn to and subscribed before me this twenty
third day of September A.D. 1854 -
John E. Rosetti Probate Judge within and
for said County
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 257)
Description
[page 257]
[corresponds to page 205 of Will Book 3]
205
The Last Will & Testament Margarett Livingston
Proceedings had before the Probate Court of Delaware
County Ohio, on the twenty sixth day of September in
the year of our Lord one thousand Eight hundred and
fifty four. John E. Rosetti Probate Judge
The Last Will and testament was this day produced
in open court by J.C. Porter.
The Last Will and Testa
ment of Margaret Livingston was this day produced
in open Court by J.C. Porter the Executor of the Last Will &
Testament there named, and Benjamin McMasters and
John Murphy witnesses to said will named, appeared at
open court on oath testified testified to the due execution
of said will: and it appearing to the court by said testimony
that said will was duly attested and executed and that said
testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint
It is ordered by the Court that said will & testimony be recorded
as follows to wit: In the name of the Benevolent Father
All I Margarett Livingston do make and publish this
my Last Will & Testament - Item 1st I give and devise
to my daughter Elizabeth and her heirs the sum of
Ninety five Dollars - Item 2nd I give and devise
to my daughter Margarett and her heirs the sum
of Ninety five Dollars - Item 3rd I give and devise
to my Daughter Catharine and her heirs the sum of
ninety five Dollars - Item 4th I give and devise to
my son Hugh the sum of Ninety five Dollars. Item 5
I give and devise to my sone James the sum of Ninety
five Dollars - Item 6th I give and devise to my son
William the sum of ninety five Dollars - Item 7. I give
and devise to my Daughter Rebecca and her heirs the sum
of Ninety five Dollars - Item 8th I give and devise all
the residue of my Estate to be divided especially between my
two sons Hugh and William their and assigns -
Item 9th I do hereby nominate and appoint Joseph C. Porder
Executor of this my Last Will and Testament hereby authori
zing and empowering him to compromise adjust release &
discharge in such manner as he may deem proper the
debts and claims due me, I do also authorize and empower
him if it shall become necessary to sell by private sale or in
such manner upon such terms of credit or otherwise as he
may think proper and deeds to purchasers to execute acknowle
dge 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 twenty sixth day of February in the
year of our Lord one thousand eight hundred & fifty eight
Signed Margarett Livingston
[corresponds to page 205 of Will Book 3]
205
The Last Will & Testament Margarett Livingston
Proceedings had before the Probate Court of Delaware
County Ohio, on the twenty sixth day of September in
the year of our Lord one thousand Eight hundred and
fifty four. John E. Rosetti Probate Judge
The Last Will and testament was this day produced
in open court by J.C. Porter.
The Last Will and Testa
ment of Margaret Livingston was this day produced
in open Court by J.C. Porter the Executor of the Last Will &
Testament there named, and Benjamin McMasters and
John Murphy witnesses to said will named, appeared at
open court on oath testified testified to the due execution
of said will: and it appearing to the court by said testimony
that said will was duly attested and executed and that said
testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint
It is ordered by the Court that said will & testimony be recorded
as follows to wit: In the name of the Benevolent Father
All I Margarett Livingston do make and publish this
my Last Will & Testament - Item 1st I give and devise
to my daughter Elizabeth and her heirs the sum of
Ninety five Dollars - Item 2nd I give and devise
to my daughter Margarett and her heirs the sum
of Ninety five Dollars - Item 3rd I give and devise
to my Daughter Catharine and her heirs the sum of
ninety five Dollars - Item 4th I give and devise to
my son Hugh the sum of Ninety five Dollars. Item 5
I give and devise to my sone James the sum of Ninety
five Dollars - Item 6th I give and devise to my son
William the sum of ninety five Dollars - Item 7. I give
and devise to my Daughter Rebecca and her heirs the sum
of Ninety five Dollars - Item 8th I give and devise all
the residue of my Estate to be divided especially between my
two sons Hugh and William their and assigns -
Item 9th I do hereby nominate and appoint Joseph C. Porder
Executor of this my Last Will and Testament hereby authori
zing and empowering him to compromise adjust release &
discharge in such manner as he may deem proper the
debts and claims due me, I do also authorize and empower
him if it shall become necessary to sell by private sale or in
such manner upon such terms of credit or otherwise as he
may think proper and deeds to purchasers to execute acknowle
dge 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 twenty sixth day of February in the
year of our Lord one thousand eight hundred & fifty eight
Signed Margarett Livingston
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 258)
Description
[Page 258]
[corresponds to page 206 of Will Book 3]
206
Signed and acknowledged by said Margarett Livingston
as her Last will and testament in our preesence &
signed by us in her presence By McMasters &
James Murphy -
The State of Ohio Delaware County SS -
We Benjamin McMasters and James Murphy
being duly Sworn in open Court this twenty sixth
day of September A.D. one thousand eight hundred
and fifty four depose and say that were present at
the Execution of the Last will & Testament of Margarett
Livingston hereto annexed: that we saw the said testa
tor subscribe said will and heard her publish & delcare
the same to be her last will & testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under
any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other. Signed by Benj McMasters and
James Murphy -
Sworn to and subscribed before me this 26th day of
September A.D. 1852,
John C. Rosette Probate Judge -
The Last will and = testament of George S Cryder
Proceedings had before the Probate Court within and for
the County of Delaware Ohio, on the 16th day of September
A.D. 1854 - Present John E. Rosette Probate Judge
The Last will and testament of George S. Cryder was
this day produced in open Court, viz Hon Finch and
Critchfield the attorneys for said Executor in the will
named and David Cryder and William Hendren
the witness in said will named appeared and in open
on oath testified to the due execution of said will:
which testimony was reduced to writing and by them
respectively subscribed and it appearing to said Court
by said testimony, that said will was duly attested and
executed and that said testator at the time executing said
will was of full age, sound mind and memory and
not under any restraint. It is ordered by the Court that
will and testimony be recorded as follows to wit -
I george S. Cryder of the County of Delaware and State of Ohio
being weak in body but of sound and memory and
considering the uncertainty of life do make publish
and declare this my Last Will and testament hereby
revoking all other wills by me at any time made
[corresponds to page 206 of Will Book 3]
206
Signed and acknowledged by said Margarett Livingston
as her Last will and testament in our preesence &
signed by us in her presence By McMasters &
James Murphy -
The State of Ohio Delaware County SS -
We Benjamin McMasters and James Murphy
being duly Sworn in open Court this twenty sixth
day of September A.D. one thousand eight hundred
and fifty four depose and say that were present at
the Execution of the Last will & Testament of Margarett
Livingston hereto annexed: that we saw the said testa
tor subscribe said will and heard her publish & delcare
the same to be her last will & testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under
any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other. Signed by Benj McMasters and
James Murphy -
Sworn to and subscribed before me this 26th day of
September A.D. 1852,
John C. Rosette Probate Judge -
The Last will and = testament of George S Cryder
Proceedings had before the Probate Court within and for
the County of Delaware Ohio, on the 16th day of September
A.D. 1854 - Present John E. Rosette Probate Judge
The Last will and testament of George S. Cryder was
this day produced in open Court, viz Hon Finch and
Critchfield the attorneys for said Executor in the will
named and David Cryder and William Hendren
the witness in said will named appeared and in open
on oath testified to the due execution of said will:
which testimony was reduced to writing and by them
respectively subscribed and it appearing to said Court
by said testimony, that said will was duly attested and
executed and that said testator at the time executing said
will was of full age, sound mind and memory and
not under any restraint. It is ordered by the Court that
will and testimony be recorded as follows to wit -
I george S. Cryder of the County of Delaware and State of Ohio
being weak in body but of sound and memory and
considering the uncertainty of life do make publish
and declare this my Last Will and testament hereby
revoking all other wills by me at any time made
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 259)
Description
[page 259]
[corresponds to page 207 of Will Book 3]
207
declaring this to be my will in manner following to wit.
In the first place I order and direct that all my just
debts and funeral expenses be fully paid and satisfied
by my executor hereinafter named, after which I desire
the remainder of my Estate both real and personal
to my beloved wife Leah, to keep as her own duri
ng her natural life, and I hereby empower her to sell
and convey by deed at any time she may think proper
all or any part of my real estate at either private or public
sale. And whereas my Brother Daniel Cryder of Porter
Township Huntington County Pen. deceased by his last
will and testament did bequeath to me the one fourth
part of his estate after payment of debts and other mat
ters mentioned in said will, together with certain con
tributions to be made to the legatees of Israel Cryder
dec - My desire is that any balance that may seem
due me or my heirs after the said Estate of Daniel
Cryder dec. - is fully settled, shall be paid over
to my wife Leah to be applied by her as she may
think best, And further I hereby empower my said
wife to collect all other moneys that are now owing or
in any will affecting to me or may be hereinafter to be
disposed as she may think proper - at the death of
wife all that remains of my personal property together
with all real estate or such part thereof as may seem
in would at that time shall be sold and the proceeds
divided, equally amongst my children share & share
alike, and lastly I do hereby nominate and appoint
my beloved wife Leah Cryder sole executrix of this my
Last will & testament. In testimony whereof I have
hereunto set my hand and seal this ninth day of June
In the year of our Lord one thousand eight hundred and
fifty four, George S. Cryder {Seal}
Signed Sealed and delivered in the presence of us David
Cryder and Wm Hendron -
The State of Ohio, Delaware County SS -
We David Cryder & William Hendron being present in
open court and being first duly sworn depose and say
that the paper writing now shown to us purporting
to be the Last will & testament of George S. Cryder was
Executed by said Cryder in the presence of us and in
the presence of each other, that the said testator declared
the same to be his last will and testament and affiants
further say that said Cryder was then of full age &
of sound and disposing mind & memory and under
no restraint they verily believe Signed David Cryder & Wm. Hendren -
Sworn to and subscribed before me this 16th day of September A.D. 1854
John E. Rosette Probate Judge -
[corresponds to page 207 of Will Book 3]
207
declaring this to be my will in manner following to wit.
In the first place I order and direct that all my just
debts and funeral expenses be fully paid and satisfied
by my executor hereinafter named, after which I desire
the remainder of my Estate both real and personal
to my beloved wife Leah, to keep as her own duri
ng her natural life, and I hereby empower her to sell
and convey by deed at any time she may think proper
all or any part of my real estate at either private or public
sale. And whereas my Brother Daniel Cryder of Porter
Township Huntington County Pen. deceased by his last
will and testament did bequeath to me the one fourth
part of his estate after payment of debts and other mat
ters mentioned in said will, together with certain con
tributions to be made to the legatees of Israel Cryder
dec - My desire is that any balance that may seem
due me or my heirs after the said Estate of Daniel
Cryder dec. - is fully settled, shall be paid over
to my wife Leah to be applied by her as she may
think best, And further I hereby empower my said
wife to collect all other moneys that are now owing or
in any will affecting to me or may be hereinafter to be
disposed as she may think proper - at the death of
wife all that remains of my personal property together
with all real estate or such part thereof as may seem
in would at that time shall be sold and the proceeds
divided, equally amongst my children share & share
alike, and lastly I do hereby nominate and appoint
my beloved wife Leah Cryder sole executrix of this my
Last will & testament. In testimony whereof I have
hereunto set my hand and seal this ninth day of June
In the year of our Lord one thousand eight hundred and
fifty four, George S. Cryder {Seal}
Signed Sealed and delivered in the presence of us David
Cryder and Wm Hendron -
The State of Ohio, Delaware County SS -
We David Cryder & William Hendron being present in
open court and being first duly sworn depose and say
that the paper writing now shown to us purporting
to be the Last will & testament of George S. Cryder was
Executed by said Cryder in the presence of us and in
the presence of each other, that the said testator declared
the same to be his last will and testament and affiants
further say that said Cryder was then of full age &
of sound and disposing mind & memory and under
no restraint they verily believe Signed David Cryder & Wm. Hendren -
Sworn to and subscribed before me this 16th day of September A.D. 1854
John E. Rosette Probate Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 260)
Description
[Page 260]
[corresponds to page 208 of Will Book 3]
208
The Last Will & testament of Angeline Evans -
Proceedings had before the Probate Court of Delaware
County Ohio, on the thirtieth day of October in the year
of our Lord one thousand eight hundred and fifty four
Present John E. Rosette Probate Judge -
The Last Will and testament of Angeline Evans Late
of Delaware County Ohio was this day produced in Court
by the executor therein named and David Prichard
and John A Cox the subscribing witnesses to said will
appeared and in open Court, on oath testified to the
due execution of said Will: which testimony was reduced
to writing and by them respectively subscribed and filed
with said Will: and it appearing to the Court by said testi
-mony that said will was duly attested and executed &
that said testator at the time of executing the same was
of full age and of sound mind and memory and not
under any restraint It is ordered by the Court that said
will and testimony be recorded, as follows to wit:
I Angeline Evans 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,
2 - I give devise and bequeath to my two beloved children
Mary Amelia Evans, and John Jenkins Evans, the House and
lot I now reside on, and all the House hold furniture
to be sold and the proceeds thereof to be delivered into the
hands of the guardian and also 1 Cow one hog to be disposed
in in the same manner.
Third, I wish the House to be rented and the proceeds to be put
yearly to interest where it will be secured -
Fourth, the property to be equally divided between the two
children If one of the children should die before they are
of age the surviving one to take the whole of it. Should they both
die then the property to go to my sister Sarah Briggs
Fifth, I nominate and appoint David Davidson as my
guardian for the two children - Lastly, I hereby constitute
and appoint John N. Cox to be Executor for this my
Last will and testament revoking 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 24th day of August in the year of our Lord one thous
and eight hundred and fifty four
her
Angeline X Evans
mark
Signed published and delivered by the above named Angeline
Evans in the presence of who at her request have signed as witnesses
to the same David Prichard and John N. Cox
[corresponds to page 208 of Will Book 3]
208
The Last Will & testament of Angeline Evans -
Proceedings had before the Probate Court of Delaware
County Ohio, on the thirtieth day of October in the year
of our Lord one thousand eight hundred and fifty four
Present John E. Rosette Probate Judge -
The Last Will and testament of Angeline Evans Late
of Delaware County Ohio was this day produced in Court
by the executor therein named and David Prichard
and John A Cox the subscribing witnesses to said will
appeared and in open Court, on oath testified to the
due execution of said Will: which testimony was reduced
to writing and by them respectively subscribed and filed
with said Will: and it appearing to the Court by said testi
-mony that said will was duly attested and executed &
that said testator at the time of executing the same was
of full age and of sound mind and memory and not
under any restraint It is ordered by the Court that said
will and testimony be recorded, as follows to wit:
I Angeline Evans 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,
2 - I give devise and bequeath to my two beloved children
Mary Amelia Evans, and John Jenkins Evans, the House and
lot I now reside on, and all the House hold furniture
to be sold and the proceeds thereof to be delivered into the
hands of the guardian and also 1 Cow one hog to be disposed
in in the same manner.
Third, I wish the House to be rented and the proceeds to be put
yearly to interest where it will be secured -
Fourth, the property to be equally divided between the two
children If one of the children should die before they are
of age the surviving one to take the whole of it. Should they both
die then the property to go to my sister Sarah Briggs
Fifth, I nominate and appoint David Davidson as my
guardian for the two children - Lastly, I hereby constitute
and appoint John N. Cox to be Executor for this my
Last will and testament revoking 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 24th day of August in the year of our Lord one thous
and eight hundred and fifty four
her
Angeline X Evans
mark
Signed published and delivered by the above named Angeline
Evans in the presence of who at her request have signed as witnesses
to the same David Prichard and John N. Cox
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 261)
Description
[Page 261]
[corresponds to page 209 of Will Book 3]
209
The State of Ohio Delaware County SS - We David Prichard
and John N. Cox being duly sworn in open court this 30
day of September A.D. 1854, depose and say that we were
present at the execution of the Last will and testament
of Angeline Evans hereto annexed - that we saw the testator
subscribe said will and heard her publish and declare
the same to be her last will and testament and the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at her request
and in her presence and in the presence of each
other Signed David Prichard & John N. Cox
Sworn to and subscribed before me this 30th day of Septe
mber A.D. 1854 -
John E. Rosette Probate Judge -
The Last Will & testament of Peter Ekam
Proceedings had before the Probate Court of Delaware
County Ohio, on the second day of October A.D. 1854. Present John
E. Rosette Judge of said Court.
The last will and testament
of Peter Ekam deceased late of Delaware County Ohio
was this day produced in open by Hon C. Sweetser Attor
ney for the Executor named in said Will and J. Allen
and Phillip Haily the subscribing witnesses to said will app
eared and in open Court on oath testified to the due execution
of said will: which testimony was reduced to writing and by them
respectively subscribed and filed with said will: and it
appearing to the Court by said testimony that said will was
duly attested and executed and that said testator, at
the time of executing the same was of full age and of sound
mind and memory and not under any restraint - It is
ordered that will and testimony be recorded as follows
to wit:
In the Name of the benevolent Father of all I,
Peter Ekam do make declare and publish this my will
and testament.
First It is my will and I do hereby give
and devise unto my beloved wife Catharine Margarett
all my real and personal estate. To wit, a certain lot
or parcel of land situate in south Delaware Delaware
County Ohio Conveyed to said Peter Ekam and heirs by Reuben
Breyfogle and wife & deed of general warranty dated July
24th A.D. 1854. And also certain other Lot or parcel of
land situate in South Delaware aforesaid conveyed to
said Peter Ekam in a manner by deed of general warranty
[corresponds to page 209 of Will Book 3]
209
The State of Ohio Delaware County SS - We David Prichard
and John N. Cox being duly sworn in open court this 30
day of September A.D. 1854, depose and say that we were
present at the execution of the Last will and testament
of Angeline Evans hereto annexed - that we saw the testator
subscribe said will and heard her publish and declare
the same to be her last will and testament and the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at her request
and in her presence and in the presence of each
other Signed David Prichard & John N. Cox
Sworn to and subscribed before me this 30th day of Septe
mber A.D. 1854 -
John E. Rosette Probate Judge -
The Last Will & testament of Peter Ekam
Proceedings had before the Probate Court of Delaware
County Ohio, on the second day of October A.D. 1854. Present John
E. Rosette Judge of said Court.
The last will and testament
of Peter Ekam deceased late of Delaware County Ohio
was this day produced in open by Hon C. Sweetser Attor
ney for the Executor named in said Will and J. Allen
and Phillip Haily the subscribing witnesses to said will app
eared and in open Court on oath testified to the due execution
of said will: which testimony was reduced to writing and by them
respectively subscribed and filed with said will: and it
appearing to the Court by said testimony that said will was
duly attested and executed and that said testator, at
the time of executing the same was of full age and of sound
mind and memory and not under any restraint - It is
ordered that will and testimony be recorded as follows
to wit:
In the Name of the benevolent Father of all I,
Peter Ekam do make declare and publish this my will
and testament.
First It is my will and I do hereby give
and devise unto my beloved wife Catharine Margarett
all my real and personal estate. To wit, a certain lot
or parcel of land situate in south Delaware Delaware
County Ohio Conveyed to said Peter Ekam and heirs by Reuben
Breyfogle and wife & deed of general warranty dated July
24th A.D. 1854. And also certain other Lot or parcel of
land situate in South Delaware aforesaid conveyed to
said Peter Ekam in a manner by deed of general warranty
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 262)
Description
[page 262]
[corresponds to page 210 of Will Record 3]
210
by George Lepert and wife date October Sixth A.D. 1848
containing four acres more or less - except so much of
said Last mentioned Lot of Land as said Peter Ekam
Sold to the I M & P Rail Road Company -
It is further my Last and testament that my said
beloved wife Catharine Margarett, shall have and enjoy
for her own proper use and benefit all my goods and
chattels to wit: two horses - two waggons one plow four
swine one cow household and kitchen furniture etc -
It is further my Last will and testament that my said
wife shall have and enjoy for her own proper use &
benefit all the above described real & personal estate
together with all my moneys credits and effects so long as
she shall remain my widow but in case she shall at any
time marry then these devises shall be null and void and
my entire estate real and personal shall be administered
and distributed as the statute provides for the settlement
of notes to the estates -
It is further my last will and
testament that my beloved wife Catharine Margarett
shall pay to my son in law Wm Freeman the sum of tw
enty four ) 24 ( dollars, on or before the 24th day of June
A.D. 1855, I am oren of twenty four dollars being a parcel of
money received by me from Germany for the benefit of my
grand child Asa Peter son of said Wm. Freeman I
do hereby nominate & appoint my beloved wife guardian
of all my minor children untill they arrive at lawful age
but in case my said should again marry her guardian
ship of my children shall cease & determine upon her
intermarriage or in her place I do nominate my certain
friend Gottleab Allbright to have the guardianship of my
said children untill they arrive at lawful age -
My said guardians are hereby enjoined to give my
children all a good English education and to rear them in
habits of Industry & Inculeate upon them as far as
may be the duties & practices of Christians -
I do hereby nominate and appoint Christian F.
Renner Executor of this my last will and testament
hereby authorizing him to compromise adjust release & disc
harge in such manner as he may deem proper the credits
& 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 25th day of September A.D. 1854
Signed Peter Ekam {Seal} - Signed and acknowledged the
said Ekam as his last & testament in our presence and
signed by us in his presence J. Allen & Philip Haily
[corresponds to page 210 of Will Record 3]
210
by George Lepert and wife date October Sixth A.D. 1848
containing four acres more or less - except so much of
said Last mentioned Lot of Land as said Peter Ekam
Sold to the I M & P Rail Road Company -
It is further my Last and testament that my said
beloved wife Catharine Margarett, shall have and enjoy
for her own proper use and benefit all my goods and
chattels to wit: two horses - two waggons one plow four
swine one cow household and kitchen furniture etc -
It is further my Last will and testament that my said
wife shall have and enjoy for her own proper use &
benefit all the above described real & personal estate
together with all my moneys credits and effects so long as
she shall remain my widow but in case she shall at any
time marry then these devises shall be null and void and
my entire estate real and personal shall be administered
and distributed as the statute provides for the settlement
of notes to the estates -
It is further my last will and
testament that my beloved wife Catharine Margarett
shall pay to my son in law Wm Freeman the sum of tw
enty four ) 24 ( dollars, on or before the 24th day of June
A.D. 1855, I am oren of twenty four dollars being a parcel of
money received by me from Germany for the benefit of my
grand child Asa Peter son of said Wm. Freeman I
do hereby nominate & appoint my beloved wife guardian
of all my minor children untill they arrive at lawful age
but in case my said should again marry her guardian
ship of my children shall cease & determine upon her
intermarriage or in her place I do nominate my certain
friend Gottleab Allbright to have the guardianship of my
said children untill they arrive at lawful age -
My said guardians are hereby enjoined to give my
children all a good English education and to rear them in
habits of Industry & Inculeate upon them as far as
may be the duties & practices of Christians -
I do hereby nominate and appoint Christian F.
Renner Executor of this my last will and testament
hereby authorizing him to compromise adjust release & disc
harge in such manner as he may deem proper the credits
& 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 25th day of September A.D. 1854
Signed Peter Ekam {Seal} - Signed and acknowledged the
said Ekam as his last & testament in our presence and
signed by us in his presence J. Allen & Philip Haily
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 263)
Description
[Page 263]
[Corresponds to page 211 of Will Book 3]
211
The State of Ohio Delaware County SS -
We J Allen and Phillip Haily, being duly sworn according
to Law in open court this second day of October A.D. 1854
depose and say that we were present at the execution
of the Last Will and testament of Peter Ekam
hereto attached and annexed: that we saw the said tes
ter subscribe said will and heard him publish
and declare the same to be his Last will and testament
and that the testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint and that we signed
the same as witnesses at his request and in his prese
nce and in the presence of each other signed
J. Allen and P. Haily. Sworn to and subscribed before
me this second day of October A.D. one thousand eight
hundred and fifty four - John E. Rosette Probate Judge
Harlow Lewis Last Will and testament
Proceedings had before the Probate Court of Delaware
County Ohio. on the thirteenth day of October in the year
of our Lord one thousand eight hundred and fifty
four, present John E. Rosette Judge of said Court.
The Last will and testament of Harlow Lewis late of Dela
ware County Deceased, was this day produced in open Court
by the executor therein named. and John Flapp and
Richard Detwiler the subscribing witnesses to said will
appeared and in open court on oath testified to the due
execution of said will: which testimony was reduced to writing
and by them respectively subscribed and filed with said
Will: and it appearing to the Court by said testimony that
said will was duly attested and executed and that
said testator, at the time of executing the same was of
full age and of sound mind and memory and not
under any restraint It is ordered by the Court that
said will and testimony be recorded, as follows to wit:
In the name of the Benevolent Father of all men - I
Harlow Lewis of sound mind and memory do make
and publish this my Last Will & testament.
First - I give and devise unto Theodore Lewis my
Son the use of the Farm on which I now Live accor
ding to the following conditions of a Lease now in his
possession provided he complys with conditions of said Lease
second - at the expiration of said Lease I give and devise to my
two sons John Lewis and Theodore Lewis, each one
third of my estate - Third I give and bequeath to wife
Mehitabel Lewis the amount Theodore Lewis is to pay
[Corresponds to page 211 of Will Book 3]
211
The State of Ohio Delaware County SS -
We J Allen and Phillip Haily, being duly sworn according
to Law in open court this second day of October A.D. 1854
depose and say that we were present at the execution
of the Last Will and testament of Peter Ekam
hereto attached and annexed: that we saw the said tes
ter subscribe said will and heard him publish
and declare the same to be his Last will and testament
and that the testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint and that we signed
the same as witnesses at his request and in his prese
nce and in the presence of each other signed
J. Allen and P. Haily. Sworn to and subscribed before
me this second day of October A.D. one thousand eight
hundred and fifty four - John E. Rosette Probate Judge
Harlow Lewis Last Will and testament
Proceedings had before the Probate Court of Delaware
County Ohio. on the thirteenth day of October in the year
of our Lord one thousand eight hundred and fifty
four, present John E. Rosette Judge of said Court.
The Last will and testament of Harlow Lewis late of Dela
ware County Deceased, was this day produced in open Court
by the executor therein named. and John Flapp and
Richard Detwiler the subscribing witnesses to said will
appeared and in open court on oath testified to the due
execution of said will: which testimony was reduced to writing
and by them respectively subscribed and filed with said
Will: and it appearing to the Court by said testimony that
said will was duly attested and executed and that
said testator, at the time of executing the same was of
full age and of sound mind and memory and not
under any restraint It is ordered by the Court that
said will and testimony be recorded, as follows to wit:
In the name of the Benevolent Father of all men - I
Harlow Lewis of sound mind and memory do make
and publish this my Last Will & testament.
First - I give and devise unto Theodore Lewis my
Son the use of the Farm on which I now Live accor
ding to the following conditions of a Lease now in his
possession provided he complys with conditions of said Lease
second - at the expiration of said Lease I give and devise to my
two sons John Lewis and Theodore Lewis, each one
third of my estate - Third I give and bequeath to wife
Mehitabel Lewis the amount Theodore Lewis is to pay
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 264)
Description
[Page 264]
[Corresponds to page 212 of Will Book 3]
212
the consideration contained in the Lease.
Fourth - I give and bequeath unto two Daughters Jane
Hooper and Susan B. Wodworth, the remaining one third
of my real estate after the death of my wife -
Fifth - I do hereby nominate and appoint my wife
Mahitabel Lewis and Samuel Whitney Executrix and
Executor of this my Last and testament, hereby authorizing
them to adjust due or against me as they may think
proper. I do hereby revoke all former wills by me made
in testimony hereof I have hereto set my hand and seal
this 27th of July 1854 Berlin Tp Delaware County State of Ohio
Signed and acknowledged by said Harlow Lewis as his
last will and testament in our presence
John Flapp & Richard Satterly - Harlow Lewis {Seal}
The State of Ohio, Delaware County SS -
We John Flapp and Richard Satterly being duly sworn
in open Court this 13th day of October A.D. 1854 depo
se and say that we were present at the execution
of the Last will and testament of Harlow Lewis
hereto annexed: that we saw the said testator sub
scribe said will, and heard him publish and de
clare the same to be his last will and testament
and that said testator at the time of executing the
same was of full age and of sound mind and
memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence, and in the presence of each other
Signed by John Flapp and Richard Satterly
Sworn to and subscribed before me this 13th day
of October A.D. 1854
John E. Rosette Probate Judge
[Corresponds to page 212 of Will Book 3]
212
the consideration contained in the Lease.
Fourth - I give and bequeath unto two Daughters Jane
Hooper and Susan B. Wodworth, the remaining one third
of my real estate after the death of my wife -
Fifth - I do hereby nominate and appoint my wife
Mahitabel Lewis and Samuel Whitney Executrix and
Executor of this my Last and testament, hereby authorizing
them to adjust due or against me as they may think
proper. I do hereby revoke all former wills by me made
in testimony hereof I have hereto set my hand and seal
this 27th of July 1854 Berlin Tp Delaware County State of Ohio
Signed and acknowledged by said Harlow Lewis as his
last will and testament in our presence
John Flapp & Richard Satterly - Harlow Lewis {Seal}
The State of Ohio, Delaware County SS -
We John Flapp and Richard Satterly being duly sworn
in open Court this 13th day of October A.D. 1854 depo
se and say that we were present at the execution
of the Last will and testament of Harlow Lewis
hereto annexed: that we saw the said testator sub
scribe said will, and heard him publish and de
clare the same to be his last will and testament
and that said testator at the time of executing the
same was of full age and of sound mind and
memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence, and in the presence of each other
Signed by John Flapp and Richard Satterly
Sworn to and subscribed before me this 13th day
of October A.D. 1854
John E. Rosette Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 265)
Description
[Page 265]
[Corresponds to page 213 of Will Book 3]
213
The Last Will & Testament of Delight Sweetser
Proceedings had before the Probate Court of Delaware
County Ohio, on the 16th day of October A.D. 1854, Present
John E. Rosette Probate Judge -
The Last Will and testament
of Delight Sweetser Late of Delaware County Ohio, was this day
produced in Court by the Executor therein named and
Hon. Charles Sweetser and Henry Lamb, the subscribing
witnesses to said Will appeared and in open Court on
oath, testified to the due execution of said Will which testi
mony was reduced to writing and by them respectively sub
scribed and filed with said will: and it appearing to
the Court by said testimony that said will was duly attes
ted and executed, and that said testatrix at the time
of executing the same was of full age and of sound mind
and memory and not under any restraint. It is
ordered by the Court that said will testimony be
recorded as follows to wit:
Be it known that I Delight
Sweetser of the Town of Delaware Ohio, in view of the
uncertainty of Life and the certainty of Death, and
being of sound mind and memory, do make and pub
lish my Last will and testament as follows -
1st It is my will that as soon after my decease as it may
convenient for my executor with the means which I leave
to settle and pay up all my just debts expenses of my
Last sickness and Funeral charges
2nd I give and bequeath to my Daughter Mary Hillyer
My Silk Cloak and to my Daughter Eliza Joy My
best shaw, and to my three surry Daughters Eliza Joy
Delight Allexander and Mary Hillyer all my per
sonal goods and chattles clothing etc. Not including those
in action, to be by them amicably divided and used
by them and Knowing sons and other heirs to be in
circumstances which authorize me to conclude that
they will be gratified with the disposition which I now
make of my real estate being a house and lot where
I formerly resided, deeded to me by my Son William
in consideration of his indebtedness to me for an account
of my dower interest in the old farm and I hereby
discharge my son William from all further claim
on my account whatever, 2. I give and bequeath the
said House and Lot to my son in Law Picton D. Hillyer
in trust to be by him sold for a Sum not Less than one
thousand Dollars before such time as he deem proper
and the proceeds to be first applied in paying off my
debts. Expenses of Last sickness and Funeral charges -
[Corresponds to page 213 of Will Book 3]
213
The Last Will & Testament of Delight Sweetser
Proceedings had before the Probate Court of Delaware
County Ohio, on the 16th day of October A.D. 1854, Present
John E. Rosette Probate Judge -
The Last Will and testament
of Delight Sweetser Late of Delaware County Ohio, was this day
produced in Court by the Executor therein named and
Hon. Charles Sweetser and Henry Lamb, the subscribing
witnesses to said Will appeared and in open Court on
oath, testified to the due execution of said Will which testi
mony was reduced to writing and by them respectively sub
scribed and filed with said will: and it appearing to
the Court by said testimony that said will was duly attes
ted and executed, and that said testatrix at the time
of executing the same was of full age and of sound mind
and memory and not under any restraint. It is
ordered by the Court that said will testimony be
recorded as follows to wit:
Be it known that I Delight
Sweetser of the Town of Delaware Ohio, in view of the
uncertainty of Life and the certainty of Death, and
being of sound mind and memory, do make and pub
lish my Last will and testament as follows -
1st It is my will that as soon after my decease as it may
convenient for my executor with the means which I leave
to settle and pay up all my just debts expenses of my
Last sickness and Funeral charges
2nd I give and bequeath to my Daughter Mary Hillyer
My Silk Cloak and to my Daughter Eliza Joy My
best shaw, and to my three surry Daughters Eliza Joy
Delight Allexander and Mary Hillyer all my per
sonal goods and chattles clothing etc. Not including those
in action, to be by them amicably divided and used
by them and Knowing sons and other heirs to be in
circumstances which authorize me to conclude that
they will be gratified with the disposition which I now
make of my real estate being a house and lot where
I formerly resided, deeded to me by my Son William
in consideration of his indebtedness to me for an account
of my dower interest in the old farm and I hereby
discharge my son William from all further claim
on my account whatever, 2. I give and bequeath the
said House and Lot to my son in Law Picton D. Hillyer
in trust to be by him sold for a Sum not Less than one
thousand Dollars before such time as he deem proper
and the proceeds to be first applied in paying off my
debts. Expenses of Last sickness and Funeral charges -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 266)
Description
[Page 266]
[Corresponds to page 214 of Will Book 3]
214
2nd It is my will and I hereby make it the duty of the
said Hillyer as my executor to cause to be erected around
the Lot in the Old Burying Ground where my deceased
Husband Son and Son in Law are Buried an en
closure of cut stone foundation with iron fence with a
suitable wrot iron gate, and to erect over the grave
of my dec Husband and that of my son and my self
a neat chaste white marble monument or Lamp stone
I would suggest a double stone for my dec husband
and myself doubly inscribed. The whole expenses this
improvement not to exceed Five hundred Dollars
Believing that there will be a balance left after fully
meeting the foregoing bequest, I charge my said
husband to invest the balance in some real estate or
put the money to interest and pay to pay to Delight
Allexander for her own use the interest on Lot
house the use of the real estate if it should be so
maintain during her natural life, and after
her death I give the same to be divided equally to
my three grand children - Alice Hillyer Lester
Hillyer and William Hillyer, or the survivors of either of
them and unto their and assigns forever -
Having disposed of all my earthly goods in a manner
which to me seems proper I invoke a blessing upon
all children, and relations and request that after
my death my friends will bury me beside my cherished
Husband and set the monument which shall be
erected in pursuance of this will be in conformity with
the known trust of the Decd, whose memory it commemorates
I hereby nominate and appoint my son in Law Picton
D Hillyer, the executor of this my Last will and testa
ment - and having full confidence in his integri
ty - I do not desire that he shall give any bond as
such executor, I have called upon my son Charles
Sweetser and Henry Lamb to witness this my Last will and
testament and to subscribe the same as witnesses this 22nd
day of March A.D. 1854.
Signed Delight Sweetser {Seal}
Signed sealed published and declared in our presence
the day and year above written - Charles Sweetser Henry
Lamb
The State of Ohio Delaware County Ss -
We Charles Sweetser and Henry Lamb being Sworn in
open Court this 16th day of October A.D. 1854 - depose
and say that we were present at the execution of
the Last will and testament hereto annexed, that we
[Corresponds to page 214 of Will Book 3]
214
2nd It is my will and I hereby make it the duty of the
said Hillyer as my executor to cause to be erected around
the Lot in the Old Burying Ground where my deceased
Husband Son and Son in Law are Buried an en
closure of cut stone foundation with iron fence with a
suitable wrot iron gate, and to erect over the grave
of my dec Husband and that of my son and my self
a neat chaste white marble monument or Lamp stone
I would suggest a double stone for my dec husband
and myself doubly inscribed. The whole expenses this
improvement not to exceed Five hundred Dollars
Believing that there will be a balance left after fully
meeting the foregoing bequest, I charge my said
husband to invest the balance in some real estate or
put the money to interest and pay to pay to Delight
Allexander for her own use the interest on Lot
house the use of the real estate if it should be so
maintain during her natural life, and after
her death I give the same to be divided equally to
my three grand children - Alice Hillyer Lester
Hillyer and William Hillyer, or the survivors of either of
them and unto their and assigns forever -
Having disposed of all my earthly goods in a manner
which to me seems proper I invoke a blessing upon
all children, and relations and request that after
my death my friends will bury me beside my cherished
Husband and set the monument which shall be
erected in pursuance of this will be in conformity with
the known trust of the Decd, whose memory it commemorates
I hereby nominate and appoint my son in Law Picton
D Hillyer, the executor of this my Last will and testa
ment - and having full confidence in his integri
ty - I do not desire that he shall give any bond as
such executor, I have called upon my son Charles
Sweetser and Henry Lamb to witness this my Last will and
testament and to subscribe the same as witnesses this 22nd
day of March A.D. 1854.
Signed Delight Sweetser {Seal}
Signed sealed published and declared in our presence
the day and year above written - Charles Sweetser Henry
Lamb
The State of Ohio Delaware County Ss -
We Charles Sweetser and Henry Lamb being Sworn in
open Court this 16th day of October A.D. 1854 - depose
and say that we were present at the execution of
the Last will and testament hereto annexed, that we
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 267)
Description
[Page 267]
[Corresponds to labeled page 215 of Will Book 3]
215
saw and heard the said testator subscribe said will &
heard her publish and declare the same to be her Last
Will and testament - and that the said testator
at the time of executing the same was of full age
and of sound mind and memory and not
under any restraint, and that we signed
the same as witnesses at her request and in her
presence and in the presence of each other
Signed by Henry Lamb
Charles Sweetser
Sworn to and subscribed before in open Court
this 16th day of October A.D. 1854
John E. Rosette Probate Judge
[Corresponds to labeled page 215 of Will Book 3]
215
saw and heard the said testator subscribe said will &
heard her publish and declare the same to be her Last
Will and testament - and that the said testator
at the time of executing the same was of full age
and of sound mind and memory and not
under any restraint, and that we signed
the same as witnesses at her request and in her
presence and in the presence of each other
Signed by Henry Lamb
Charles Sweetser
Sworn to and subscribed before in open Court
this 16th day of October A.D. 1854
John E. Rosette Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 268)
Description
[Page 268]
[Corresponds to Page 216 of Will Book 3]
216
Last Will & testament of Jacob Drake decd
Proceedings had at the office of the Probate Judge in
the town of Delaware on the 25th day of October A.D. 18
54 before Isaac Ramsey Probate Judge of Delaware Coun
ty in the State of Ohio.
Thie day the last Will and testam
ent of Jacob Drake decd. was produced in open Court
and proved by the testimony of the subscribing witnesses there
to Allen Darrow and Frank Hays (as reduced to writing)
approved and ordered to be recorded
Copy of Will.
In the name of God Amen. I Jacob Drake
of Delaware Ohio, knowing that it is appointed unto all
men once to die and not knowing the time when: being
perfectly sane in mind and memory, do make and ordain
this my last Will and Testament, in the manner follow
ing, to wit: My body I give to my friends to be bur
ied in a decent and Christian-like manner, and my
Soul to Him who gave it, in the joyful hope of a glo
rious resurrection to immortality and Eternal Life
When my funeral expenses and all just
debts are discharged, I will that my property be disposed
of as follows: To my beloved Wife Nancy, who has been
my companion and nurse for more than half a cen
tury, I give the use of all my estate both real and
personal to and for her own personal benefit and support
during her natural life, or as much of the same as she
may require for that purpose. And also to pay her funeral
expenses after her decease.
Imprimis I give and bequeath to the American Bap
tist Missionary Union for the purposed expenses in the act of
their incorporation One Thousand ($1000) Dollars, including
One hundred and fifty already paid, as a part of said legacy.
To the American Baptist Home Missionary Society of
New York One Thousand dollars ($1000): One half of which
is to be used as a permanent church edifice fund. the re
mainder for the general purposes of said Society, and one half
of the whole amount to be expended in the State of Ohio: Be
ginning as Delaware.
Also to the American and Foreign Bi
ble Society I give Five hundred ($500) Dollars, to be expended
in the Foreign Mission field.
Also to the American Baptist
Publication Society of Philadelphia, I give one fourth (1/4)
of the residue of my property after paying the above re
[Corresponds to Page 216 of Will Book 3]
216
Last Will & testament of Jacob Drake decd
Proceedings had at the office of the Probate Judge in
the town of Delaware on the 25th day of October A.D. 18
54 before Isaac Ramsey Probate Judge of Delaware Coun
ty in the State of Ohio.
Thie day the last Will and testam
ent of Jacob Drake decd. was produced in open Court
and proved by the testimony of the subscribing witnesses there
to Allen Darrow and Frank Hays (as reduced to writing)
approved and ordered to be recorded
Copy of Will.
In the name of God Amen. I Jacob Drake
of Delaware Ohio, knowing that it is appointed unto all
men once to die and not knowing the time when: being
perfectly sane in mind and memory, do make and ordain
this my last Will and Testament, in the manner follow
ing, to wit: My body I give to my friends to be bur
ied in a decent and Christian-like manner, and my
Soul to Him who gave it, in the joyful hope of a glo
rious resurrection to immortality and Eternal Life
When my funeral expenses and all just
debts are discharged, I will that my property be disposed
of as follows: To my beloved Wife Nancy, who has been
my companion and nurse for more than half a cen
tury, I give the use of all my estate both real and
personal to and for her own personal benefit and support
during her natural life, or as much of the same as she
may require for that purpose. And also to pay her funeral
expenses after her decease.
Imprimis I give and bequeath to the American Bap
tist Missionary Union for the purposed expenses in the act of
their incorporation One Thousand ($1000) Dollars, including
One hundred and fifty already paid, as a part of said legacy.
To the American Baptist Home Missionary Society of
New York One Thousand dollars ($1000): One half of which
is to be used as a permanent church edifice fund. the re
mainder for the general purposes of said Society, and one half
of the whole amount to be expended in the State of Ohio: Be
ginning as Delaware.
Also to the American and Foreign Bi
ble Society I give Five hundred ($500) Dollars, to be expended
in the Foreign Mission field.
Also to the American Baptist
Publication Society of Philadelphia, I give one fourth (1/4)
of the residue of my property after paying the above re
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 269)
Description
[Page 269]
[Corresponds to page 217 of Will Book 3]
217
quests, provided it shall not exceed Two hundred and fifty ($250)
Dollars.
Also to the Ohio Baptist Education Society, I give
one fourth (1/4) of the residue of my property after paying
the foregoing bequests, except that to the Am. Bap. Pub. Soc.
provided it shall not exceed Two Hundred and fifty ($250)
Dollars. to be appropriated to the education of approved
indigent young men, for the Christian Ministry.
Finally, the residue of my prop
erty after paying the above bequests, I give to the Ohio
Baptist State Convention: to be appropriated to aid the Bap
tist Church of Delaware in sustaining the ministry of the
word of Life, to the amount of One Hundred ($100) Dol
lars pr. annum, so long as such aid shall be necessa
ry, or until the amount of the bequest shall be exhaust
ed.
Any payments that shall be made to the legatees of
this will previous to its final adjustment, shall be apportion
ed to them equally according to their respective claims.
I name my beloved wife Nancy and
Thomas Hays of the town, as executors of this my last
will and testament.
Signed at Delaware Ohio July 4th
A.D. 1854 Jacob Drake
In presence of
Frank Hays }
Allen Darrow }
Sarah Darrow }
The State of Ohio Delaware County SS.
We Allen Darrow and Frank Hays being duly sworn
in open Court this 25th day of October A.D. 1856, depose and
say, that we were present at the execution of the last will
and testament of Jacob Drake hereto annexed, that we saw
the said testator subscribe said will, and heard him publish
and declare the same to be his last will and testament,
and that the said testator at the time of executing the
same was of full age and of sound mind and memory and
not under any restraint: and that we signed the same
as witnesses at his request and in his presence and in the
presence of each other: and that Sarah Darrow witnessed the
same at the same time and in our presence, but that she
is now absent from this County.
Sworn to and subscribed by A. } Allen Darrow
Darrow & F. Hays in my presence } F. L. Hays
& before me Oct 25th 56 }
Isaac Ramsey Pro. Judge }
[Corresponds to page 217 of Will Book 3]
217
quests, provided it shall not exceed Two hundred and fifty ($250)
Dollars.
Also to the Ohio Baptist Education Society, I give
one fourth (1/4) of the residue of my property after paying
the foregoing bequests, except that to the Am. Bap. Pub. Soc.
provided it shall not exceed Two Hundred and fifty ($250)
Dollars. to be appropriated to the education of approved
indigent young men, for the Christian Ministry.
Finally, the residue of my prop
erty after paying the above bequests, I give to the Ohio
Baptist State Convention: to be appropriated to aid the Bap
tist Church of Delaware in sustaining the ministry of the
word of Life, to the amount of One Hundred ($100) Dol
lars pr. annum, so long as such aid shall be necessa
ry, or until the amount of the bequest shall be exhaust
ed.
Any payments that shall be made to the legatees of
this will previous to its final adjustment, shall be apportion
ed to them equally according to their respective claims.
I name my beloved wife Nancy and
Thomas Hays of the town, as executors of this my last
will and testament.
Signed at Delaware Ohio July 4th
A.D. 1854 Jacob Drake
In presence of
Frank Hays }
Allen Darrow }
Sarah Darrow }
The State of Ohio Delaware County SS.
We Allen Darrow and Frank Hays being duly sworn
in open Court this 25th day of October A.D. 1856, depose and
say, that we were present at the execution of the last will
and testament of Jacob Drake hereto annexed, that we saw
the said testator subscribe said will, and heard him publish
and declare the same to be his last will and testament,
and that the said testator at the time of executing the
same was of full age and of sound mind and memory and
not under any restraint: and that we signed the same
as witnesses at his request and in his presence and in the
presence of each other: and that Sarah Darrow witnessed the
same at the same time and in our presence, but that she
is now absent from this County.
Sworn to and subscribed by A. } Allen Darrow
Darrow & F. Hays in my presence } F. L. Hays
& before me Oct 25th 56 }
Isaac Ramsey Pro. Judge }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 270)
Description
[Page 270]
[Corresponds to page 218 of Will Book 3]
218
Last Will and Testament of Daniel Coleman decd
Proceedings had at the office of the Probate Judge
in the town of Delaware on the 26th day of September
A.D. 1854 before John E. Rosette Probate Judge of Delaware
County in the State of Ohio.
This day the last will and testament of Daniel
Coleman decd late of said County was produced in open Court
and proved by the testimony of the subscribing witnesses James
Noble and Thomas Bryson (as reduced to writing) approved and
ordered to be recorded
Copy of Will.
In the name of God, Amen. I Daniel Coleman of
Scioto Township Delaware County Ohio, being of sound mind
and memory and considering the uncertainty of this frail
and transitory life. I do therefore make ordain pub
lish and declare this to be my last will and testament
that is to say, I wish a sale to be made of all
my personal property, out of which, together with the
debts owing to me, I wish all my lawful debts to
be paid so far as it will go, then should there remain
a balance yet unpaid on the land, I wish so much
of the land sold, as will pay that ballance.
And to my beloved wife I will and bequeath all
the land on which we now reside after the debts is
paid together with all improvements and appurtenances there
to belonging, to have and to hold so long as she reamins
my widow, then to be divided equally between my child
ren. I also will and bequeath to my wife the
household property and such as she may need in raising
the children.
Likewise I make constitute and appoint
my wife and Thomas Coleman my brother, Executor and Exec
utrix of this my last will and testament, thereby re
voking all former wills made by me.
In witness whereof I have hereunto subscribed my
name and affixed my seal this 28th day of June
A.D. in the year of Our Lord One thousand eight hundred
and fifty four
Daniel Coleman {Seal}
Witnesses
James Noble Scioto Tp. Delaware Co. Ohio
Ebenezer T. Webster Richwood Marion Co. "
Thomas Bryson Scioto Tp. Delaware Co. "
[Corresponds to page 218 of Will Book 3]
218
Last Will and Testament of Daniel Coleman decd
Proceedings had at the office of the Probate Judge
in the town of Delaware on the 26th day of September
A.D. 1854 before John E. Rosette Probate Judge of Delaware
County in the State of Ohio.
This day the last will and testament of Daniel
Coleman decd late of said County was produced in open Court
and proved by the testimony of the subscribing witnesses James
Noble and Thomas Bryson (as reduced to writing) approved and
ordered to be recorded
Copy of Will.
In the name of God, Amen. I Daniel Coleman of
Scioto Township Delaware County Ohio, being of sound mind
and memory and considering the uncertainty of this frail
and transitory life. I do therefore make ordain pub
lish and declare this to be my last will and testament
that is to say, I wish a sale to be made of all
my personal property, out of which, together with the
debts owing to me, I wish all my lawful debts to
be paid so far as it will go, then should there remain
a balance yet unpaid on the land, I wish so much
of the land sold, as will pay that ballance.
And to my beloved wife I will and bequeath all
the land on which we now reside after the debts is
paid together with all improvements and appurtenances there
to belonging, to have and to hold so long as she reamins
my widow, then to be divided equally between my child
ren. I also will and bequeath to my wife the
household property and such as she may need in raising
the children.
Likewise I make constitute and appoint
my wife and Thomas Coleman my brother, Executor and Exec
utrix of this my last will and testament, thereby re
voking all former wills made by me.
In witness whereof I have hereunto subscribed my
name and affixed my seal this 28th day of June
A.D. in the year of Our Lord One thousand eight hundred
and fifty four
Daniel Coleman {Seal}
Witnesses
James Noble Scioto Tp. Delaware Co. Ohio
Ebenezer T. Webster Richwood Marion Co. "
Thomas Bryson Scioto Tp. Delaware Co. "
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 271)
Description
[Page 271]
[Corresponds to page 219 of Will Book 3]
219
State of Ohio Delaware County S.S.
Thomas Bryson and James Noble being duly
sworn, on this oath say, That the paper writing now
presented to them and purporting to be the last will and
testament of Daniel Coleman now dec'd, was signed by
said Daniel Coleman, who declared the same to be his
last will and testament in their presence, and
they subscribed the same as witnesses in the presence of
the testator and of each other, that he was of sound
and disposing mind and memory and under no restraint
that he was of lawful age, they further say that Eb
enezer T. Webster whose waiver is attached also as wit-
ness to said will signed said will in presence of them
appoints and of testator & they do not know where said
Webster is at present James Noble
Thomas Bryson
Sworn to and subscribed before me this 26th day of
September A.D. 1854 J.E. Rosette Probate Judge
Recorded Oct. 26th 1854. Isaac Ramsey Pro. Judge
==============================================================
Last Will &c of Hugh Kyle dec'd.
Proceedings had at the office of the Probate Judge in the
town of Delaware on the 21st day of November A.D. 1854
before Isaac Ramsey Probate Judge of Delaware County
in the State of Ohio.
This day the last will and testament of
Hugh Kyle deceased late of Radnor Township in said coun
ty of the subscribing witness John Humphreys (Morgan Wil
liams the other subscribing witness having deceased said its ex
ecution & the genuineness of his signature being proven by the
oath of Thos B. Williams) all of which testimony was redu-
ced to writing and filed with his will which was approved and
ordered to be recorded.
Copy of Will. etc.
In the name of the Benevolent Father of All.
I Hugh Kyle of Radnor Township in the coun-
ty of Delaware and state of Ohio. Do make and pub-
lish this my last will and testament as follows:
Item 1st It is my will that my funeral expenses
and all my just debts be fully paid.
[Corresponds to page 219 of Will Book 3]
219
State of Ohio Delaware County S.S.
Thomas Bryson and James Noble being duly
sworn, on this oath say, That the paper writing now
presented to them and purporting to be the last will and
testament of Daniel Coleman now dec'd, was signed by
said Daniel Coleman, who declared the same to be his
last will and testament in their presence, and
they subscribed the same as witnesses in the presence of
the testator and of each other, that he was of sound
and disposing mind and memory and under no restraint
that he was of lawful age, they further say that Eb
enezer T. Webster whose waiver is attached also as wit-
ness to said will signed said will in presence of them
appoints and of testator & they do not know where said
Webster is at present James Noble
Thomas Bryson
Sworn to and subscribed before me this 26th day of
September A.D. 1854 J.E. Rosette Probate Judge
Recorded Oct. 26th 1854. Isaac Ramsey Pro. Judge
==============================================================
Last Will &c of Hugh Kyle dec'd.
Proceedings had at the office of the Probate Judge in the
town of Delaware on the 21st day of November A.D. 1854
before Isaac Ramsey Probate Judge of Delaware County
in the State of Ohio.
This day the last will and testament of
Hugh Kyle deceased late of Radnor Township in said coun
ty of the subscribing witness John Humphreys (Morgan Wil
liams the other subscribing witness having deceased said its ex
ecution & the genuineness of his signature being proven by the
oath of Thos B. Williams) all of which testimony was redu-
ced to writing and filed with his will which was approved and
ordered to be recorded.
Copy of Will. etc.
In the name of the Benevolent Father of All.
I Hugh Kyle of Radnor Township in the coun-
ty of Delaware and state of Ohio. Do make and pub-
lish this my last will and testament as follows:
Item 1st It is my will that my funeral expenses
and all my just debts be fully paid.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 272)
Description
[Page 272]
[Corresponds to page 220 of Will Book 3]
220
Last Will to of Hugh Kyle dec'd Continued
Item 2nd I give devise and bequeath to my son James
Kyle the farm where on I now live situated in Radnor
township Delaware County and state of Ohio. This being lot
eight (8) west two of lots in section four (4) Township
Six (6) Range twenty (20) W.S.M. lands, his heirs or
assigns. Provider said James Kyle pay the following sums
or legacies (to wit), to my daughter Mary Brattow the sums
of One hundred dollars to be paid in a year after my death
Also to my son David Kyle the sum of One hundred
dollars to be paid in two years after my death: Also to
my daughter Elizabeth Kyle the sum of two hundred and fifty
dollars, to be paid in five years after my death; Also to
my daughter Sarah Winter the sum of fifty dollars, to be
paid in seven years after my death.
Item 3 I give devise and bequeath to my daughter Eliza
beth Kyle this (fly man) and choice of one cow also all
my household and kitchen furniture, consisting of beds and bedding
clocks cupboard etc.
Item 4th I give devise and bequeath to my son in law
James W. Brattow one cow also all the money that he
owed me.
Item 5th I give devise and bequeath all the residue of
my personal property to my son James Kyle, Provided he pay
the foregoing legacies.
Lastly I do hereby nominate and appoint my son James
Kyle and John Humphreys Executors 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 12th day of May 1843.
Signed sealed and acknowledged }
}
by said Hugh Kyle as his last } Hugh Kyle {seal}
}
will & testament in our presence }
}
and signed by us in his presence. }
John Humphreys
Morgan williams
Codicil
I give and devise to my daughter Elizabeth Kyle this
house wherein I now live, also the garden North of the
house while she remains unmarried.
Attest
John Humphreys } Hugh Kyle {seal}
}
Morgan Williams }
[Corresponds to page 220 of Will Book 3]
220
Last Will to of Hugh Kyle dec'd Continued
Item 2nd I give devise and bequeath to my son James
Kyle the farm where on I now live situated in Radnor
township Delaware County and state of Ohio. This being lot
eight (8) west two of lots in section four (4) Township
Six (6) Range twenty (20) W.S.M. lands, his heirs or
assigns. Provider said James Kyle pay the following sums
or legacies (to wit), to my daughter Mary Brattow the sums
of One hundred dollars to be paid in a year after my death
Also to my son David Kyle the sum of One hundred
dollars to be paid in two years after my death: Also to
my daughter Elizabeth Kyle the sum of two hundred and fifty
dollars, to be paid in five years after my death; Also to
my daughter Sarah Winter the sum of fifty dollars, to be
paid in seven years after my death.
Item 3 I give devise and bequeath to my daughter Eliza
beth Kyle this (fly man) and choice of one cow also all
my household and kitchen furniture, consisting of beds and bedding
clocks cupboard etc.
Item 4th I give devise and bequeath to my son in law
James W. Brattow one cow also all the money that he
owed me.
Item 5th I give devise and bequeath all the residue of
my personal property to my son James Kyle, Provided he pay
the foregoing legacies.
Lastly I do hereby nominate and appoint my son James
Kyle and John Humphreys Executors 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 12th day of May 1843.
Signed sealed and acknowledged }
}
by said Hugh Kyle as his last } Hugh Kyle {seal}
}
will & testament in our presence }
}
and signed by us in his presence. }
John Humphreys
Morgan williams
Codicil
I give and devise to my daughter Elizabeth Kyle this
house wherein I now live, also the garden North of the
house while she remains unmarried.
Attest
John Humphreys } Hugh Kyle {seal}
}
Morgan Williams }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 273)
Description
[Page 273]
[Corresponds to page 221 of Will Book 3]
221
Last Will &c of Hugh Kyle dec'd
The State of Ohio Delaware County S.S.
John Humphreys (only surviving witness to this will) being
duly sworn in open court this 21st day of November A.D.
1854 deposes and says that he was present at the ex
ecution of the last will and testament of Hugh Kyle
dec'd hereto annexed that Morgan Williams whom named
in thereto attached as witnesses was also present, but is now
dead; That we saw the said testator subscribe said will
and heard him publish and declare the same to be his
last will and testament and that the testator at the
time of executing the same was of full age and of sound
mind and memory, and not under any restraint, and
that he (Morgan Williams now dec'd and myself) signed the
said as witnesses at his request, and in his presence, and in
the presence of each other
John Humphreys
Sworn to & subscibed before on this 21st day of November A.D. 1854
I. Ramsey Probate Judge
State of Ohio Delaware County S.S.
Thomas B. William being duly sworn in open court desposes and
says that Morgan William whose name is attached to the within will
of Hugh Kyle dec'd was a brother to this appoint that appoint was
well acquainted with the hand writing and signature of said Mor-
gan, having frequently seen him with and make his signature
and that he entertains no doubt as to the genuineness of the
signature of said Morgan Williams attached to the within will
and further says that said Morgan William is now dec'd
Thomas B William
Sworn to & subscribed before me this 21st day of Nov. 1854
I. Ramsey Prob. Judge.
Recorded Nov. 22nd 1854
I. Ramsey Judge
[Corresponds to page 221 of Will Book 3]
221
Last Will &c of Hugh Kyle dec'd
The State of Ohio Delaware County S.S.
John Humphreys (only surviving witness to this will) being
duly sworn in open court this 21st day of November A.D.
1854 deposes and says that he was present at the ex
ecution of the last will and testament of Hugh Kyle
dec'd hereto annexed that Morgan Williams whom named
in thereto attached as witnesses was also present, but is now
dead; That we saw the said testator subscribe said will
and heard him publish and declare the same to be his
last will and testament and that the testator at the
time of executing the same was of full age and of sound
mind and memory, and not under any restraint, and
that he (Morgan Williams now dec'd and myself) signed the
said as witnesses at his request, and in his presence, and in
the presence of each other
John Humphreys
Sworn to & subscibed before on this 21st day of November A.D. 1854
I. Ramsey Probate Judge
State of Ohio Delaware County S.S.
Thomas B. William being duly sworn in open court desposes and
says that Morgan William whose name is attached to the within will
of Hugh Kyle dec'd was a brother to this appoint that appoint was
well acquainted with the hand writing and signature of said Mor-
gan, having frequently seen him with and make his signature
and that he entertains no doubt as to the genuineness of the
signature of said Morgan Williams attached to the within will
and further says that said Morgan William is now dec'd
Thomas B William
Sworn to & subscribed before me this 21st day of Nov. 1854
I. Ramsey Prob. Judge.
Recorded Nov. 22nd 1854
I. Ramsey Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 274)
Description
[Page 274]
[Corresponds to page 222 of Will Book 3]
222 Last Will of Jesse Mason deceaded
The State of Ohio Delaware County S.S.
Proceedings had before Isaac Ramsey Probate Judge
of said County at his office in the town of Delaware
on the 4th day of December A.D. 1854
This day the last will and testament
of Jesse Mason late of Berkshire Tp in said County deceased
and produced in open court and proven by the testimony of
the subscribing witnesses Heny Hodgden & Davis W. Rodger
(as reduced to writing) approved and ordered to be recorded.
Copy of Will.
In full delivered upon Divine Providence who has
been my support for many years I Jesse Mason of
Berkshire Township Delaware County Ohio. As my health is fail
ing and my days in the common crown of nature and
drawing to a close, but yet am of a sound mind and of
a retention memory, for which blessings I desire to be great
ful; do make and publish this my last will and test
ament in regard to my worldly affair and property.
Item 1st It is my will desire and request that
all of my just debts, costs of administration, funeral ex
penses, including a suitable monument over my grave
to be fully paid.
Item 2nd I give and bequeath to my beloved wife
Hannah B. Mason in lieu of dower, first our cow she
having the choice of these I may own, one horse, har
ness and buggy this to be hers absolutely, also the house
furniture to be at her disposal. Second the undivi
ded one half of all of the real estate which may re-
main after the debts to provide for in item 1st and
paid, this to include the dwelling house where I reside
with the homestead promised; if my son who is here-
after provided for, shall farm the same, he after paying
the taxes and the expenses of necessary repairs to pay her
at her option either in cash or the production of the
farms, the landlords share; The real estate she to have
during her natural life, the personal property to be at
her disposal.
Item 3rd I give and bequeath unto my son Al-
Johnson P. Mason the residue of my real estate and af
ter the decease of my said wife he to have in fee simp
le all of my real estate with the condition that he
pay within One year after the decease of my said wife
in currency (or as soon after as called for) fifty dollars
to my Grand daughter Ellen F. Warner of Catarager
County New York. Also at the same time and manner
One hundred dollars to Hetta F. Green.
[Corresponds to page 222 of Will Book 3]
222 Last Will of Jesse Mason deceaded
The State of Ohio Delaware County S.S.
Proceedings had before Isaac Ramsey Probate Judge
of said County at his office in the town of Delaware
on the 4th day of December A.D. 1854
This day the last will and testament
of Jesse Mason late of Berkshire Tp in said County deceased
and produced in open court and proven by the testimony of
the subscribing witnesses Heny Hodgden & Davis W. Rodger
(as reduced to writing) approved and ordered to be recorded.
Copy of Will.
In full delivered upon Divine Providence who has
been my support for many years I Jesse Mason of
Berkshire Township Delaware County Ohio. As my health is fail
ing and my days in the common crown of nature and
drawing to a close, but yet am of a sound mind and of
a retention memory, for which blessings I desire to be great
ful; do make and publish this my last will and test
ament in regard to my worldly affair and property.
Item 1st It is my will desire and request that
all of my just debts, costs of administration, funeral ex
penses, including a suitable monument over my grave
to be fully paid.
Item 2nd I give and bequeath to my beloved wife
Hannah B. Mason in lieu of dower, first our cow she
having the choice of these I may own, one horse, har
ness and buggy this to be hers absolutely, also the house
furniture to be at her disposal. Second the undivi
ded one half of all of the real estate which may re-
main after the debts to provide for in item 1st and
paid, this to include the dwelling house where I reside
with the homestead promised; if my son who is here-
after provided for, shall farm the same, he after paying
the taxes and the expenses of necessary repairs to pay her
at her option either in cash or the production of the
farms, the landlords share; The real estate she to have
during her natural life, the personal property to be at
her disposal.
Item 3rd I give and bequeath unto my son Al-
Johnson P. Mason the residue of my real estate and af
ter the decease of my said wife he to have in fee simp
le all of my real estate with the condition that he
pay within One year after the decease of my said wife
in currency (or as soon after as called for) fifty dollars
to my Grand daughter Ellen F. Warner of Catarager
County New York. Also at the same time and manner
One hundred dollars to Hetta F. Green.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 275)
Description
[Page 275]
[Corresponds to labeled page 223 of Will Book 3]
223
Last Will etc of Jesse Mason decd.
Item 4th I do hereby authorise and empower my
executor to sell as much of my real estate as may
be necessary to pay the claims against my estate: he
may sell either at public or private sale, reserving
the dwelling house and homestead for my wife.
I do hereby appoint my said son Alp-
honse P. Mason executor of this my last will and
testament, revoking any and all other wills made by
me.
In testimony whereof I have hereunto set my hand
and seal this 27th day of October in the year of our
Lord 1854
Jesse Mason {Seal}
Signed and acknowledged by said Jesse Mason to be his
last will and testament in our presence and signed
by us in his presence Henry Hodgden
David W. Rogers
The State of Ohio Delaware County SS.
We Henry Hodgden and David W. Rogers being du-
ly sworn in open Court this 4th day of December A.D.
1854 depose and say that we were present at the exe-
cution of the last will and testament of Jesse Ma-
son decd hereto annexed: that we saw said testator sub-
scribe said will, and heard him publish and declare
the same to be his last will and testament, and that
the said testator at the time of executing the same was
of full age, and of sound mind and memory, and
not under any restraint, and that we signed the same
as witnesses at his request and in his presence and
in the presence of each other.
Henry Hodgden
David W. Rogers
Sworn to & subscribed before me this 4th day of Dec-
ember A.D. 1854
I. Ranney Probate Judge
[Corresponds to labeled page 223 of Will Book 3]
223
Last Will etc of Jesse Mason decd.
Item 4th I do hereby authorise and empower my
executor to sell as much of my real estate as may
be necessary to pay the claims against my estate: he
may sell either at public or private sale, reserving
the dwelling house and homestead for my wife.
I do hereby appoint my said son Alp-
honse P. Mason executor of this my last will and
testament, revoking any and all other wills made by
me.
In testimony whereof I have hereunto set my hand
and seal this 27th day of October in the year of our
Lord 1854
Jesse Mason {Seal}
Signed and acknowledged by said Jesse Mason to be his
last will and testament in our presence and signed
by us in his presence Henry Hodgden
David W. Rogers
The State of Ohio Delaware County SS.
We Henry Hodgden and David W. Rogers being du-
ly sworn in open Court this 4th day of December A.D.
1854 depose and say that we were present at the exe-
cution of the last will and testament of Jesse Ma-
son decd hereto annexed: that we saw said testator sub-
scribe said will, and heard him publish and declare
the same to be his last will and testament, and that
the said testator at the time of executing the same was
of full age, and of sound mind and memory, and
not under any restraint, and that we signed the same
as witnesses at his request and in his presence and
in the presence of each other.
Henry Hodgden
David W. Rogers
Sworn to & subscribed before me this 4th day of Dec-
ember A.D. 1854
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 276)
Description
[Page 276]
[Corresponds to labeled page 224 of Will Book 3]
224 Last Will etc of Edward Stanberry decd.
Proceedings had before the Probate Court
of Delaware County and State of Ohio on the
22nd day of December A.D. 1854. Present Isaac
Ranney Judge.
An authenticated copy of the last
will and testament of Edward Stanberry decd late
of Newark in the County of Licking and State of Ohio
was this day produced in open court and it appear-
ing to the satisfaction of the Court that said will has been
duly proven & admitted to Probate in said County of Licking
and that said will has relation to lands in this county: It
is therefore ordered by the Court that said will be admitted
to record, and recorded in the record of Wills in this of-
fice.
Last Will of Edward Stanberry Decd.
I Edward Stanberry of the ^town of Newark in the County of
Licking and State of Ohio, do make and declare this
to be my last will and testament as follows:
Item 1st I give and devise to my brother Charles Stan-
berry his heirs and assigns all my land in the County
of Delaware Ohio: and as to all moneys due or to become
due to me, whether by contract, note, mortgage, or otherwise
for lands sold in the counties of Delaware, Franklin & Morrow
Ohio. I direct that out of the same my executor and ex-
ecutrix hereinafter named shall pay the legacies hereinafter
named, and all the debts and liabilities owing or incurred
by me, except the debt I owe to Abraham Flory a-
mounting to about two hundred dollars, and the remain-
der of said monies due and to become due on said land
after paying the said legacies, debts, and liabilities, I give and
bequeath to my said brother Charles: my intention being to
give him all my interest in the proceeds or money of my
lands situate in said three counties, heretofore sold by me
or my attorneys in fact that may remain after paying
said legacies debts and liabilities (excepting the Flory debt as af-
oresaid) and as to such lands situate in said three coun-
ties as have been sold as aforesaid, I devise the same to
said Charles Stanberry and his heirs in trust, to convey the
same to the respective purchasers thereof or their heirs
or assigns on full payment of the purchase money there
for.
Item 2nd All the rest and residue of my estate
both real and personal, wherever situate except the
specific legacies hereinafter mentioned, I give and devise
to my beloved wife Harriet her heirs and assigns
and I direct that she pay therefrom the said debt due
[Corresponds to labeled page 224 of Will Book 3]
224 Last Will etc of Edward Stanberry decd.
Proceedings had before the Probate Court
of Delaware County and State of Ohio on the
22nd day of December A.D. 1854. Present Isaac
Ranney Judge.
An authenticated copy of the last
will and testament of Edward Stanberry decd late
of Newark in the County of Licking and State of Ohio
was this day produced in open court and it appear-
ing to the satisfaction of the Court that said will has been
duly proven & admitted to Probate in said County of Licking
and that said will has relation to lands in this county: It
is therefore ordered by the Court that said will be admitted
to record, and recorded in the record of Wills in this of-
fice.
Last Will of Edward Stanberry Decd.
I Edward Stanberry of the ^town of Newark in the County of
Licking and State of Ohio, do make and declare this
to be my last will and testament as follows:
Item 1st I give and devise to my brother Charles Stan-
berry his heirs and assigns all my land in the County
of Delaware Ohio: and as to all moneys due or to become
due to me, whether by contract, note, mortgage, or otherwise
for lands sold in the counties of Delaware, Franklin & Morrow
Ohio. I direct that out of the same my executor and ex-
ecutrix hereinafter named shall pay the legacies hereinafter
named, and all the debts and liabilities owing or incurred
by me, except the debt I owe to Abraham Flory a-
mounting to about two hundred dollars, and the remain-
der of said monies due and to become due on said land
after paying the said legacies, debts, and liabilities, I give and
bequeath to my said brother Charles: my intention being to
give him all my interest in the proceeds or money of my
lands situate in said three counties, heretofore sold by me
or my attorneys in fact that may remain after paying
said legacies debts and liabilities (excepting the Flory debt as af-
oresaid) and as to such lands situate in said three coun-
ties as have been sold as aforesaid, I devise the same to
said Charles Stanberry and his heirs in trust, to convey the
same to the respective purchasers thereof or their heirs
or assigns on full payment of the purchase money there
for.
Item 2nd All the rest and residue of my estate
both real and personal, wherever situate except the
specific legacies hereinafter mentioned, I give and devise
to my beloved wife Harriet her heirs and assigns
and I direct that she pay therefrom the said debt due
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 277)
Description
[Page 277]
[Corresponds to labeled page 225 of Will Book 3]
225
Last Will etc of Edward Stanberry decd
me to said Flory "
Item 3rd To my Nephew John Stanberry son of
said Charles I bequeath my dog & gun
Item 4th To each of my brothers Henry Charles
Howard, and to each of my friends Samuel B.
Sherwood and Jerome Buckingham I bequeath the sum of
fifty dollars
Item 4th I hereby nominate and appoint my
beloved wife Harriet to be the executrix and my friends
Samuel B. Sherwood and Jerome Buckingham to be the execu
tors of this my will, and I direct that they may ex
ecute the trust herein disposed within giving any bond there
for, and that no public sale be made of any of
my personal property.
And lastly hereby revoking all for
mer and other wills by me made, I again declare this
to be my last will and testament: the words "the lega
cies hereinafter named and" being first interlined between the
eleventh and twelfth lines of the first page, and the word
"legacies" being also interlined between the sixteenth & seven-
teenth, and between the twenty first and twenty second lines
of the same page. In testimony whereof I have hereto
set my hand & seal this 20th day of November A.D. 1853.
Signed Sealed and declared by Edw. Stanberry {Seal}
The P Edward Stanberry for his last }
Will and testament in the presence of }
us, who in his presence & at his request }
have attested the same as witnesses }
the day above named. }
J. W. Willson }
Jos. J. Nannell } The State of Ohio
Licking County SS.
I Daniel Humphreys, Judge of the Court of
Probate within and for said County do hereby certify that the fore
going is a true Copy of the last Will and testament of Dr. Ed
ward Stanberry decd. taken and copied from the original will on file
in said Court & admitted to probate therein Jany 30th 1853
In testimony whereof I have hereunto subscribed
my name & affixed the seal of P Court at
{ Seal
Newark in said County this 31st day of January A.D.
1854
Daniel Humphrey Judge
[Corresponds to labeled page 225 of Will Book 3]
225
Last Will etc of Edward Stanberry decd
me to said Flory "
Item 3rd To my Nephew John Stanberry son of
said Charles I bequeath my dog & gun
Item 4th To each of my brothers Henry Charles
Howard, and to each of my friends Samuel B.
Sherwood and Jerome Buckingham I bequeath the sum of
fifty dollars
Item 4th I hereby nominate and appoint my
beloved wife Harriet to be the executrix and my friends
Samuel B. Sherwood and Jerome Buckingham to be the execu
tors of this my will, and I direct that they may ex
ecute the trust herein disposed within giving any bond there
for, and that no public sale be made of any of
my personal property.
And lastly hereby revoking all for
mer and other wills by me made, I again declare this
to be my last will and testament: the words "the lega
cies hereinafter named and" being first interlined between the
eleventh and twelfth lines of the first page, and the word
"legacies" being also interlined between the sixteenth & seven-
teenth, and between the twenty first and twenty second lines
of the same page. In testimony whereof I have hereto
set my hand & seal this 20th day of November A.D. 1853.
Signed Sealed and declared by Edw. Stanberry {Seal}
The P Edward Stanberry for his last }
Will and testament in the presence of }
us, who in his presence & at his request }
have attested the same as witnesses }
the day above named. }
J. W. Willson }
Jos. J. Nannell } The State of Ohio
Licking County SS.
I Daniel Humphreys, Judge of the Court of
Probate within and for said County do hereby certify that the fore
going is a true Copy of the last Will and testament of Dr. Ed
ward Stanberry decd. taken and copied from the original will on file
in said Court & admitted to probate therein Jany 30th 1853
In testimony whereof I have hereunto subscribed
my name & affixed the seal of P Court at
{ Seal
Newark in said County this 31st day of January A.D.
1854
Daniel Humphrey Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 278)
Description
[Page 278]
[Corresponds to labeled page 226 of Will Book 3]
226
Last Will etc of Merreen D. Cole decd.
The State of Ohio Delaware County SS.
Proceedings had before Isaac Ranney Judge of
the Probate Court in and for said County at his
office in the town of Delaware & County af-
oresaid on the 30th day of January A.D. 1855.
This day the Last will and testament of
Merreen D. Cole decd. late of Trenton Township
in said County was produced in open Court and pro-
ved by the testimony of the subscribing witnesses J.
C. Concklin and Axel B. Searles (as reduced to writing
and filed with said will) approved and ordered to be
recorded.
Copy of Will.
In the name of the benevolent father of all
I Merreen D. Cole of Delaware
County, do make and publish this my last will
and testament
Item I give and devise to my
beloved wife in lieu of her dower my farm on
which we now reside situate in Delaware County
and in Trenton Township Ohio and containing about
one hundred and twenty five acres of land, during
the time she may remain my widow, also our
dun horse and our bay mare two milks cows and
twenty head of sheep and six head of hogs, our Bug
gy and our waggon four plows also the harness
belonging to the Buggy and Waggon and all of the
household and kitchen furniture and provisions enough
to support my wife and family for one year from
my decease also our bay horse colt called the Mor
gan colt to be kept till three years old and then
sold during the time she remains my widow as af
oresaid at the death or marriage of my said wife
I want all of the personal property sold and my
wife to be paid three hundred dollars from the pro
ceeds of the sale The farm on which
we now reside is not to be sold till my young
es child living is of age and if my widow is liv
ing at that time the farm is not to be sold till
her death unless she marriages
I give and devise to my son Thomas
M. Cole two hundred and forty dollars to be paid
when my farm is sold
I give and devise to my son Joseph
H. Cole three hundred dollars to be paid when
my farm is sold.
[Corresponds to labeled page 226 of Will Book 3]
226
Last Will etc of Merreen D. Cole decd.
The State of Ohio Delaware County SS.
Proceedings had before Isaac Ranney Judge of
the Probate Court in and for said County at his
office in the town of Delaware & County af-
oresaid on the 30th day of January A.D. 1855.
This day the Last will and testament of
Merreen D. Cole decd. late of Trenton Township
in said County was produced in open Court and pro-
ved by the testimony of the subscribing witnesses J.
C. Concklin and Axel B. Searles (as reduced to writing
and filed with said will) approved and ordered to be
recorded.
Copy of Will.
In the name of the benevolent father of all
I Merreen D. Cole of Delaware
County, do make and publish this my last will
and testament
Item I give and devise to my
beloved wife in lieu of her dower my farm on
which we now reside situate in Delaware County
and in Trenton Township Ohio and containing about
one hundred and twenty five acres of land, during
the time she may remain my widow, also our
dun horse and our bay mare two milks cows and
twenty head of sheep and six head of hogs, our Bug
gy and our waggon four plows also the harness
belonging to the Buggy and Waggon and all of the
household and kitchen furniture and provisions enough
to support my wife and family for one year from
my decease also our bay horse colt called the Mor
gan colt to be kept till three years old and then
sold during the time she remains my widow as af
oresaid at the death or marriage of my said wife
I want all of the personal property sold and my
wife to be paid three hundred dollars from the pro
ceeds of the sale The farm on which
we now reside is not to be sold till my young
es child living is of age and if my widow is liv
ing at that time the farm is not to be sold till
her death unless she marriages
I give and devise to my son Thomas
M. Cole two hundred and forty dollars to be paid
when my farm is sold
I give and devise to my son Joseph
H. Cole three hundred dollars to be paid when
my farm is sold.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 279)
Description
[Page 279]
[Corresponds to labeled page 227 of Will Book 3]
Last Will etc of Marreen D. Cole, Contind. 227
I give and devise to my son Sperry Cole three
hundred dollars to be paid when my farm is sold
I give and devise to my son Levi Cole
three hundred dollars to be paid when my farm
is sold
I give and devise to my son Jacob Cole
three hundred dollars to be paid when my farm
is sold
I give and devise to my daughter Sary
Ann Green one hundred and fifty one dollars
to be paid when my farm is sold
I give and devise to my daughter Car
oline Bachelor one hundred and fifty one dol
lars to be paid when my farm is sold
I give and devise to my daughter
Barbary Ann Cole two hundred and twenty five
dollars, to be paid when my farm is sold
except seventy four dollars which is to be paid
at her marriage or before.
I give and devise to my daughter
Lida Ann Cole two hundred and twenty five doll
ars to be paid when my farm is sold
I give and devise to my daugh
ter Mary Ann two hundred and twenty five
dollars to be paid when my farm is sold
If my executor should see proper to
pay any of my heirs all or any part of these porsions
before the time above menchened they may do so
but at the sale of the colt above menchaned
the money for which said colt may be sold and
all the ballances of the sale Money after paying
my debts and funeral expenses is to be paid eq
qually to my children which are then Married
and the money so paid shall apply on said heir
share to the amount paid, and after my heirs
are all paid according to this will if there
should be any money left it shall be divided
among my heirs my sons first each to be paid
twenty five dollars and if any remains to be equal
ly divided among my sons and daughters
I do hereby nominate and appoint
my beloved wife and my son Thomas M. Cole
guardians of my son Joseph and my son Sperry
and my son Levi and my son Jacob and my
daughter Lida and my daughter Mary Ann till my
sons arrive at the age of twenty one years
[Corresponds to labeled page 227 of Will Book 3]
Last Will etc of Marreen D. Cole, Contind. 227
I give and devise to my son Sperry Cole three
hundred dollars to be paid when my farm is sold
I give and devise to my son Levi Cole
three hundred dollars to be paid when my farm
is sold
I give and devise to my son Jacob Cole
three hundred dollars to be paid when my farm
is sold
I give and devise to my daughter Sary
Ann Green one hundred and fifty one dollars
to be paid when my farm is sold
I give and devise to my daughter Car
oline Bachelor one hundred and fifty one dol
lars to be paid when my farm is sold
I give and devise to my daughter
Barbary Ann Cole two hundred and twenty five
dollars, to be paid when my farm is sold
except seventy four dollars which is to be paid
at her marriage or before.
I give and devise to my daughter
Lida Ann Cole two hundred and twenty five doll
ars to be paid when my farm is sold
I give and devise to my daugh
ter Mary Ann two hundred and twenty five
dollars to be paid when my farm is sold
If my executor should see proper to
pay any of my heirs all or any part of these porsions
before the time above menchened they may do so
but at the sale of the colt above menchaned
the money for which said colt may be sold and
all the ballances of the sale Money after paying
my debts and funeral expenses is to be paid eq
qually to my children which are then Married
and the money so paid shall apply on said heir
share to the amount paid, and after my heirs
are all paid according to this will if there
should be any money left it shall be divided
among my heirs my sons first each to be paid
twenty five dollars and if any remains to be equal
ly divided among my sons and daughters
I do hereby nominate and appoint
my beloved wife and my son Thomas M. Cole
guardians of my son Joseph and my son Sperry
and my son Levi and my son Jacob and my
daughter Lida and my daughter Mary Ann till my
sons arrive at the age of twenty one years
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 280)
Description
[Page 280]
[Corresponds to labeled page 228 of Will Book 3]
228 Last Will &c of Merreen D. Cole Cont'd
and my daughter arrive at the age of eigh
teen years or intermarriages But in case my
wife should again marry, her guardianship of
said children shall continue and determine upon
her intermarriage
I do hereby nominate and ap
point my wife Sarah Cole and Thomas M.
Cole Executors of my last will and testament
hereby authorizing and impowering them to compro-
mise and adjust release and discharge in such
manner as they may deem proper the debts and
claims due me
In testimony whereof I have here
unto set my hand and seal this twelfth day
of October in the Year of our Lord 1854
Merreen D. Cole {Seal}
Signed and acknowledged by }
said Merreen D. Cole as his }
last will and testament in our }
presence and signed by us in }
his presence John C. Conklin }
Axel B. Searles }
The State of Ohio Delaware County Ss.
Mr. John C. Conklin and Axel Searles being
duly sworn in open Court this 31st day of Janua-
ry A.D. 1855 depose and say, that we were present
at the execution of the last will and testament of
Merreen D. Cole hereto annexed, that we saw the
said testator subscribe said will, and heard him pub
lish and declare the same to be his last will and
testament, and that the said testator at the time
of executing the same was of full age, and of sound
mind and memory, and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence
of each other. J. C. Conklin
A. B. Searles
Sworn to & subscribed before me this 31st day of
January A.D. 1855
[Corresponds to labeled page 228 of Will Book 3]
228 Last Will &c of Merreen D. Cole Cont'd
and my daughter arrive at the age of eigh
teen years or intermarriages But in case my
wife should again marry, her guardianship of
said children shall continue and determine upon
her intermarriage
I do hereby nominate and ap
point my wife Sarah Cole and Thomas M.
Cole Executors of my last will and testament
hereby authorizing and impowering them to compro-
mise and adjust release and discharge in such
manner as they may deem proper the debts and
claims due me
In testimony whereof I have here
unto set my hand and seal this twelfth day
of October in the Year of our Lord 1854
Merreen D. Cole {Seal}
Signed and acknowledged by }
said Merreen D. Cole as his }
last will and testament in our }
presence and signed by us in }
his presence John C. Conklin }
Axel B. Searles }
The State of Ohio Delaware County Ss.
Mr. John C. Conklin and Axel Searles being
duly sworn in open Court this 31st day of Janua-
ry A.D. 1855 depose and say, that we were present
at the execution of the last will and testament of
Merreen D. Cole hereto annexed, that we saw the
said testator subscribe said will, and heard him pub
lish and declare the same to be his last will and
testament, and that the said testator at the time
of executing the same was of full age, and of sound
mind and memory, and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence
of each other. J. C. Conklin
A. B. Searles
Sworn to & subscribed before me this 31st day of
January A.D. 1855
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 281)
Description
[Page 281]
[Corresponds to labeled page 229 of Will Book 3]
Last Will and testament of Aaron Longshore 229
Proceedings had before I. Ranney Probate Judge
of Delaware County & State of Ohio at his office
on the 1st day of February A.D. 1855.
This day the last will and testament of
Aaron Longshore decd. was produced in open court
and proven by the testimony of Lewis Carter and Jas.
Bailey witnesses who subscribed the same which testimony
was reduced to writing by them signed and filed with
said will which was approved by the Court and or-
dered to be recorded.
Copy of Will.
I Aaron Longshore of the township of Berkshire
County of Delaware and state of Ohio do ordain
and constitute this my last will and testament in
form following (to wit.)
1st It is my will that the
funeral expenses and my just debts be fully paid
2nd All the rest and residue
of my estate both personal and real, I give and
bequeath to my dear wife Lucinda Longshore and
I hereby constitute and appoint her my sole exec-
utrix.
In testimony whereof I have hereunto set
my hand and seal this 28th day of January 1855
Signed and sealed in } Aaron Longshore {Seal}
presence of Lewis Carter }
James Bailey }
The State of Ohio Delaware County SS.
Mr. Lewis Carter and James Bailey being duly sworn
in open Court this 1st day of February A.D. 1855 depose
and say, that we were present at the execution of
the last will and testament of Aaron Longshore
hereto annexed; that we saw the said testator sub-
scribe said will, and heard him publish and declare
the same to be his last will and testament, and that
the said testator at the time of executing the same
was of full age, and of sound mind and memory
and not under any restraint, and that we signed
the same as witnesses as we believe in accordance
with his desires, and in his presence, and in the pres-
ence of each other. Lewis Carter
James Bailey
Sworn to & subscribed before me this 1st day of
February A.D. 1855.
I Ranney Pro. Judge
[Corresponds to labeled page 229 of Will Book 3]
Last Will and testament of Aaron Longshore 229
Proceedings had before I. Ranney Probate Judge
of Delaware County & State of Ohio at his office
on the 1st day of February A.D. 1855.
This day the last will and testament of
Aaron Longshore decd. was produced in open court
and proven by the testimony of Lewis Carter and Jas.
Bailey witnesses who subscribed the same which testimony
was reduced to writing by them signed and filed with
said will which was approved by the Court and or-
dered to be recorded.
Copy of Will.
I Aaron Longshore of the township of Berkshire
County of Delaware and state of Ohio do ordain
and constitute this my last will and testament in
form following (to wit.)
1st It is my will that the
funeral expenses and my just debts be fully paid
2nd All the rest and residue
of my estate both personal and real, I give and
bequeath to my dear wife Lucinda Longshore and
I hereby constitute and appoint her my sole exec-
utrix.
In testimony whereof I have hereunto set
my hand and seal this 28th day of January 1855
Signed and sealed in } Aaron Longshore {Seal}
presence of Lewis Carter }
James Bailey }
The State of Ohio Delaware County SS.
Mr. Lewis Carter and James Bailey being duly sworn
in open Court this 1st day of February A.D. 1855 depose
and say, that we were present at the execution of
the last will and testament of Aaron Longshore
hereto annexed; that we saw the said testator sub-
scribe said will, and heard him publish and declare
the same to be his last will and testament, and that
the said testator at the time of executing the same
was of full age, and of sound mind and memory
and not under any restraint, and that we signed
the same as witnesses as we believe in accordance
with his desires, and in his presence, and in the pres-
ence of each other. Lewis Carter
James Bailey
Sworn to & subscribed before me this 1st day of
February A.D. 1855.
I Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 282)
Description
[Page 282]
[Corresponds to labeled page 230 of Will Book 3]
230 Last Will & testament of Jacob Smith
Proceedings had before I. Ranney Probate
Judge in & for the County of Delaware and
State of Ohio at his office in the town of Del-
aware & County aforesaid March 2nd 1855.
This day the last will and testa-
ment of Jacob Smith late of Thompson Tp. in
said County decd was produced in open court by
John Smith Sr. & James Mayo Executors in said will
named & proven by the testimony of the subscribing wit-
nesses James Mayo, Thomas W. Davis and John R.
Davis (as reduced to writing and filed with said will & the
same admitted to probate & ordered to be recorded,
as follows.
Copy of Will.
I Jacob Smith of Thompson Township Delaware
County Ohio do make and ordain this my last
will and testament, in manner and form follow-
ing viz: I give and bequeath to my dear wife
Frances Smith all my loose property and two fifths
of the avails of my real estate so long as she
remains my widow, and if she should marry she is
to have anough to support her comfortably the remain-
ing part of her life, and she also is to have full
custody of the house in which we now reside or
to live with which of the children she may wish
I give and bequeath to my daughter Catharine Knachel the
sum of Eight hundred dollars: I give and bequeath
to my daughter Sarah Gast the sum of Eight
hundred dollars;
I also give and bequeath to my
daughter Julian Smith Eight hundred dollars
These several sums is to be paid by my three Sons
named John A. Smith, Jacob F. Smith & Enoch
Smith with this provision that my daughter Sa-
rah Gast is to have the refusal of the Boots
& Knachel lot laying in Marion Co. & expect this
lot to pay two of the girls and she is to pay
annually Seventy five dollars to one of the other
heirs till she has paid up: And Enoch is to
pay two hundred dollars for his share to the other
heir: I give and bequeath to my three sons John
A. Smith, Jacob F. Smith & Enoch Smith the re-
al estate on which I now live after the death
of my wife I also wish a sale to be made
of my chattels, between now & fall & a part
[Corresponds to labeled page 230 of Will Book 3]
230 Last Will & testament of Jacob Smith
Proceedings had before I. Ranney Probate
Judge in & for the County of Delaware and
State of Ohio at his office in the town of Del-
aware & County aforesaid March 2nd 1855.
This day the last will and testa-
ment of Jacob Smith late of Thompson Tp. in
said County decd was produced in open court by
John Smith Sr. & James Mayo Executors in said will
named & proven by the testimony of the subscribing wit-
nesses James Mayo, Thomas W. Davis and John R.
Davis (as reduced to writing and filed with said will & the
same admitted to probate & ordered to be recorded,
as follows.
Copy of Will.
I Jacob Smith of Thompson Township Delaware
County Ohio do make and ordain this my last
will and testament, in manner and form follow-
ing viz: I give and bequeath to my dear wife
Frances Smith all my loose property and two fifths
of the avails of my real estate so long as she
remains my widow, and if she should marry she is
to have anough to support her comfortably the remain-
ing part of her life, and she also is to have full
custody of the house in which we now reside or
to live with which of the children she may wish
I give and bequeath to my daughter Catharine Knachel the
sum of Eight hundred dollars: I give and bequeath
to my daughter Sarah Gast the sum of Eight
hundred dollars;
I also give and bequeath to my
daughter Julian Smith Eight hundred dollars
These several sums is to be paid by my three Sons
named John A. Smith, Jacob F. Smith & Enoch
Smith with this provision that my daughter Sa-
rah Gast is to have the refusal of the Boots
& Knachel lot laying in Marion Co. & expect this
lot to pay two of the girls and she is to pay
annually Seventy five dollars to one of the other
heirs till she has paid up: And Enoch is to
pay two hundred dollars for his share to the other
heir: I give and bequeath to my three sons John
A. Smith, Jacob F. Smith & Enoch Smith the re-
al estate on which I now live after the death
of my wife I also wish a sale to be made
of my chattels, between now & fall & a part
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 283)
Description
[Page 283]
[Corresponds to labeled page 231 of Will Book 3]
Last Will etc of Jacob Smith cont'd 231
of the money raised therefrom to be applied to the
schooling of Enoch and the ballance at the dispo-
sal of by my wife; and the money I now have
out after the payment of my honest debts I wish
to be applied to the education of Enoch.
As my wife has the control of all my chat-
tles I wish her and Julyan to have a good comfort-
able living and the ballance if needed to be applied
to giving Enoch a thorough education if not needed
for that purpose to be at my wifes disposal:
In conclusion of this my last will and testa-
ment, I will contain any of my children down
to one hundred dollars if they should prove dissatis-
fied or go to law and the ballance of their dow-
er to be equally devided among the rest of they
heirs
I now nominate constitute and appoint John
Smith Sen. and James Mayo sole executors of this
my last will and testament hereby revoking all oth-
er and former wills by me at any time heretofore
made.
In witness whereof I have hereunto set my
hand and seal this twenty fourth day of January
eighteen hundred and fifty five
Jacob Smith {Seal}
Signed sealed published and declared }
by the testator Jacob Smith as & for his }
last will & testament in the presence of }
as who have subscribed our names as }
witnesses thereto in the presence of the said }
testator John R. Davis }
Thomas W. Davis }
James Mayo }
The State of Ohio Delaware Co. SS.
We James Mayo, John R Davis and Thomas W. Da-
vis being duly sworn in open Court this 27th day of
February A.D. 1855 depose & say, that we were pres-
ent at the execution of the last will and testament
of Jacob Smith decd. hereto annexed, that we saw
the said testator subscribe said will, and heard him pub-
lish and declare the same to be his last will and tes-
tament, and that the said testator at the time
of executing the same was of sound full age
and of sound mind and memory and not under
[Corresponds to labeled page 231 of Will Book 3]
Last Will etc of Jacob Smith cont'd 231
of the money raised therefrom to be applied to the
schooling of Enoch and the ballance at the dispo-
sal of by my wife; and the money I now have
out after the payment of my honest debts I wish
to be applied to the education of Enoch.
As my wife has the control of all my chat-
tles I wish her and Julyan to have a good comfort-
able living and the ballance if needed to be applied
to giving Enoch a thorough education if not needed
for that purpose to be at my wifes disposal:
In conclusion of this my last will and testa-
ment, I will contain any of my children down
to one hundred dollars if they should prove dissatis-
fied or go to law and the ballance of their dow-
er to be equally devided among the rest of they
heirs
I now nominate constitute and appoint John
Smith Sen. and James Mayo sole executors of this
my last will and testament hereby revoking all oth-
er and former wills by me at any time heretofore
made.
In witness whereof I have hereunto set my
hand and seal this twenty fourth day of January
eighteen hundred and fifty five
Jacob Smith {Seal}
Signed sealed published and declared }
by the testator Jacob Smith as & for his }
last will & testament in the presence of }
as who have subscribed our names as }
witnesses thereto in the presence of the said }
testator John R. Davis }
Thomas W. Davis }
James Mayo }
The State of Ohio Delaware Co. SS.
We James Mayo, John R Davis and Thomas W. Da-
vis being duly sworn in open Court this 27th day of
February A.D. 1855 depose & say, that we were pres-
ent at the execution of the last will and testament
of Jacob Smith decd. hereto annexed, that we saw
the said testator subscribe said will, and heard him pub-
lish and declare the same to be his last will and tes-
tament, and that the said testator at the time
of executing the same was of sound full age
and of sound mind and memory and not under
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 284)
Description
[Page 284]
[Corresponds to labeled page 232 of Will Book 3]
232 Last Will &c of Jacob Smith decd Cont'd.
any restraint, and that we signed the same as witness-
es at his request and in his presence, and in the
presence of each other.
James Mayo
Thomas W. Davis
John R. Davis
Sworn to & subscribed before me this 27th day of Feb-
ruary A.D. 1855
I. Ranney Pro. Judge
_____________________________________________________
_____________________________________________________
Last Will and testament of Michael Bramm
Proceedings had before Isaac Ranney Judge of
Probate Court in & for Delaware County and State of
Ohio at this office in the town of Delaware March
17th 1855.
This day the last will and testament of
Michael Bramm late of Brown Tp in sad County
decd was produced in open Court and by the testimo-
ny of the subscribing witnesses thereto John Edleblute
& Peter G. Baker (as reduced to writing & filed with said
will) duly proven, admitted to probate & ordered to
be recorded as follows.
Copy of Will
In the name of the benevolent Father of all
I Michael Bramm do make and publish this
my last will and testament
First it is my will that all my
just debts be paid
I devise and bequeath to my beloved wife
the farm on which we now reside, it being twen-
ty four & a half acres of land situate in Dela-
ware County and in Brown Tp the Township of
Brown in R. 18 T. 5 S. 3 deeded to me by Thomas
Lash on the third day of February A.D. 1854 to
have and to hold during her natural life.
I also give and devise to my said wife
all my personal property and effects that remain
after paying my just debts At the decease of
my wife the real estate aforesaid and the personal
property that may be unconsumed or unexpended I
give and devise bequeath to my four children and
[Corresponds to labeled page 232 of Will Book 3]
232 Last Will &c of Jacob Smith decd Cont'd.
any restraint, and that we signed the same as witness-
es at his request and in his presence, and in the
presence of each other.
James Mayo
Thomas W. Davis
John R. Davis
Sworn to & subscribed before me this 27th day of Feb-
ruary A.D. 1855
I. Ranney Pro. Judge
_____________________________________________________
_____________________________________________________
Last Will and testament of Michael Bramm
Proceedings had before Isaac Ranney Judge of
Probate Court in & for Delaware County and State of
Ohio at this office in the town of Delaware March
17th 1855.
This day the last will and testament of
Michael Bramm late of Brown Tp in sad County
decd was produced in open Court and by the testimo-
ny of the subscribing witnesses thereto John Edleblute
& Peter G. Baker (as reduced to writing & filed with said
will) duly proven, admitted to probate & ordered to
be recorded as follows.
Copy of Will
In the name of the benevolent Father of all
I Michael Bramm do make and publish this
my last will and testament
First it is my will that all my
just debts be paid
I devise and bequeath to my beloved wife
the farm on which we now reside, it being twen-
ty four & a half acres of land situate in Dela-
ware County and in Brown Tp the Township of
Brown in R. 18 T. 5 S. 3 deeded to me by Thomas
Lash on the third day of February A.D. 1854 to
have and to hold during her natural life.
I also give and devise to my said wife
all my personal property and effects that remain
after paying my just debts At the decease of
my wife the real estate aforesaid and the personal
property that may be unconsumed or unexpended I
give and devise bequeath to my four children and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 285)
Description
[Page 285]
[Corresponds to labeled page 233 of Will Book 3]
Last Will and testament of Michael Bramm 233
to my wifes oldest son.
Signed and sealed this 20th day of December
A.D. 1854 Michael Bramm {Seal}
Signed & acknowledged by said }
Michael Bramm as his }
last will and testament }
in our presence & signed by }
us in his presence }
John Edleblute }
his }
Peter X G. Baker }
mark }
The State of Ohio Delaware Co. S.S.
Personally appeared before the Probate Court of said coun-
ty on this 17th day of March 1855 John Edleblute and
Peter G. Baker, who being duly sworn on their oath
say that on the 20th day of December A.D. 1854 they were
called upon to witness the Last will & testament of Mr.
Charl Bramm now decd in open Court produced, that the
said Michael Bramm signed sealed & acknowledged the same
as such last will and testament and requested aff-
iants to witness the same as his last will & testament
that they signed the same as witnesses in the pres-
ence of the Testator & in the presence of each other
That said testator was at the time of sound and
disposing mind & memory and not under any restraint
and of full age & not under any that said tes-
tator has since deceased
John Edleblute
his
Peter X G. Baker
mark
Sworn to & subscribed in open court the day & year
above written
I. Ranney Pro. Judge
[Corresponds to labeled page 233 of Will Book 3]
Last Will and testament of Michael Bramm 233
to my wifes oldest son.
Signed and sealed this 20th day of December
A.D. 1854 Michael Bramm {Seal}
Signed & acknowledged by said }
Michael Bramm as his }
last will and testament }
in our presence & signed by }
us in his presence }
John Edleblute }
his }
Peter X G. Baker }
mark }
The State of Ohio Delaware Co. S.S.
Personally appeared before the Probate Court of said coun-
ty on this 17th day of March 1855 John Edleblute and
Peter G. Baker, who being duly sworn on their oath
say that on the 20th day of December A.D. 1854 they were
called upon to witness the Last will & testament of Mr.
Charl Bramm now decd in open Court produced, that the
said Michael Bramm signed sealed & acknowledged the same
as such last will and testament and requested aff-
iants to witness the same as his last will & testament
that they signed the same as witnesses in the pres-
ence of the Testator & in the presence of each other
That said testator was at the time of sound and
disposing mind & memory and not under any restraint
and of full age & not under any that said tes-
tator has since deceased
John Edleblute
his
Peter X G. Baker
mark
Sworn to & subscribed in open court the day & year
above written
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 286)
Description
[Page 286]
[Corresponds to labeled page 234 of Will Book 3]
234 Last Will and Testament of Pinney Adams, Decd
Proceedings had before Isaac Ranney Judge of Probate Court
in and for Delaware County & State of Ohio at his office in Ohio
town of Delaware March 31st 1855
This day the last will and testament of
Pinney Adams late of Brown Tp and said county decd was pro-
duced in open court and by the testimony of the subscribing
witnesses thereto J. P. Crawford and Felix Fontanelle (as reduced
to writing and filed with said will) duly proven, admitted to
probate and ordered to be recorded as follows.
Copy of Will
In the name of the Benevolent Father of all I Pinney Adams of
the township of Brown County of Delaware and State of Ohio
Do make and publish this my last Will and Testament
Item first I give and devise to my Beloved Wife in lieu of her
dower the farm on which we now reside Situated in this Township
of Brown County of Delaware and State of Ohio containing
about 85 acres during her natural life or her widowhood 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 estate and personal property to be sold and
the proceeds thereof to be devised and disposed of as follows:
I devise and bequeath to my daughter Caroline Skiner and
her heirs three Hundred dollars
I also devise and bequeath to my daughter L. A. St. Clear
and her heirs three Hundred dollars.
I also devise and bequeath to my daughter Manerva Adams
and her heirs four Hundred Dollars
I also devise and bequeath to my daughter Mary Dunham and
her heirs four Hundred Dollars
I also devise and bequeath to my daughter Susan Adams
and her heirs four Hundred Dollars
I do hereby nominate and appoint my Son Ransom Adams
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 proper the debts
and claims due me I do also authorize and empower him
if it becomes necessary in order to pay debts to sell by private sale
in such manner upon such terms of credit or otherwise as
he may think proper all or any part of my real estate and
deeds to purchasers to execute acknowledge and deliver in fee
simple.
[Corresponds to labeled page 234 of Will Book 3]
234 Last Will and Testament of Pinney Adams, Decd
Proceedings had before Isaac Ranney Judge of Probate Court
in and for Delaware County & State of Ohio at his office in Ohio
town of Delaware March 31st 1855
This day the last will and testament of
Pinney Adams late of Brown Tp and said county decd was pro-
duced in open court and by the testimony of the subscribing
witnesses thereto J. P. Crawford and Felix Fontanelle (as reduced
to writing and filed with said will) duly proven, admitted to
probate and ordered to be recorded as follows.
Copy of Will
In the name of the Benevolent Father of all I Pinney Adams of
the township of Brown County of Delaware and State of Ohio
Do make and publish this my last Will and Testament
Item first I give and devise to my Beloved Wife in lieu of her
dower the farm on which we now reside Situated in this Township
of Brown County of Delaware and State of Ohio containing
about 85 acres during her natural life or her widowhood 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 estate and personal property to be sold and
the proceeds thereof to be devised and disposed of as follows:
I devise and bequeath to my daughter Caroline Skiner and
her heirs three Hundred dollars
I also devise and bequeath to my daughter L. A. St. Clear
and her heirs three Hundred dollars.
I also devise and bequeath to my daughter Manerva Adams
and her heirs four Hundred Dollars
I also devise and bequeath to my daughter Mary Dunham and
her heirs four Hundred Dollars
I also devise and bequeath to my daughter Susan Adams
and her heirs four Hundred Dollars
I do hereby nominate and appoint my Son Ransom Adams
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 proper the debts
and claims due me I do also authorize and empower him
if it becomes necessary in order to pay debts to sell by private sale
in such manner upon such terms of credit or otherwise as
he may think proper all or any part of my real estate and
deeds to purchasers to execute acknowledge and deliver in fee
simple.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 287)
Description
[Page 287]
[Corresponds to labeled page 235 of Will Book 3]
235
I do hereby revoke all former Wills by me made In testimony
whereof I have hereunto set my hand and Seal this twenty first
day of February 1855. Pinney Adams {seal}
Signed and acknowledged }
by said Pinney Adams as his }
last will and testament in }
our presence and signed by }
us in his presence }
J. P. Crawford }
Felix Fontanell }
State of Ohio Delaware County S.S.
We J. D. Crawford & Felix Fontanelle, being duly sworn in
open Court this 31st day of March A.D. 1855, depose and say that
we were present at the execution of the last will and testa-
ment of Pinney Adams hereto annexed; that we saw the said
testator subscribe said will, and heard him publish and
declare the same to be his last will and testament, and that
the said testator at the time of executing the same was of
full age, and of sound mind and memory, and not under
any restraint, and that we signed the same as witnesses at
his request and in his presence, and in the presence of each
other.
J. P. Crawford
Felix Fontanelle
Sworn to and subscribed before me this 31st day of March 1855
Isaac Ranney
Probate Judge
June 27th 1855. Mrs. Mary Adams widow of Pinney Adams
decd. appeared in open Court & her rights under the will &
at law being severally explained to her by me, signified her
election to take under the will of her decd. husband
I. Ranney Pro. Judge
[Corresponds to labeled page 235 of Will Book 3]
235
I do hereby revoke all former Wills by me made In testimony
whereof I have hereunto set my hand and Seal this twenty first
day of February 1855. Pinney Adams {seal}
Signed and acknowledged }
by said Pinney Adams as his }
last will and testament in }
our presence and signed by }
us in his presence }
J. P. Crawford }
Felix Fontanell }
State of Ohio Delaware County S.S.
We J. D. Crawford & Felix Fontanelle, being duly sworn in
open Court this 31st day of March A.D. 1855, depose and say that
we were present at the execution of the last will and testa-
ment of Pinney Adams hereto annexed; that we saw the said
testator subscribe said will, and heard him publish and
declare the same to be his last will and testament, and that
the said testator at the time of executing the same was of
full age, and of sound mind and memory, and not under
any restraint, and that we signed the same as witnesses at
his request and in his presence, and in the presence of each
other.
J. P. Crawford
Felix Fontanelle
Sworn to and subscribed before me this 31st day of March 1855
Isaac Ranney
Probate Judge
June 27th 1855. Mrs. Mary Adams widow of Pinney Adams
decd. appeared in open Court & her rights under the will &
at law being severally explained to her by me, signified her
election to take under the will of her decd. husband
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 288)
Description
[Page 288]
[Corresponds to labeled page 236 of Will Book 3]
236 Last Will & testament of Ralph Stack decd.
Proceedings had before Isaac Ranney Probate Judge
within and for the County of Delaware and State of
Ohio, at his office in the town of Delaware on the
28th day of April A.D. 1855
This day the last
will and testament of Ralph Stack deceased late
of this County was produced in open court and duly
proven by the testimony of Henry Stark one of the
subscribing witnesses thereto and James R. Hubbell Esq
(as reduced to writing and filed with said will) admitted
to probate and ordered to be recorded as follows.
Copy of Will
In the name of the Benevolent Father of all
I Ralph Slack of the County of Delaware and State
of Ohio, being of sound mind & disposing mind mem-
ory, but weak in body, do make and publish this
my last will and testament.
1st I give and devise unto my four sons Henry
William, John P. and Ralph Slack the sum of
One dollar to each individually.
2nd I give and devise unto my two daugh-
ters Anna Scott & Catharine Chedwick also the
sum of One dollar each individually
3rd After the said several devises and sums
aforesaid shall be paid together with all just and
lawful claims against me, I give and devise all
the residue of my personal property to Seth Slack
my youngest son; also I give and devise to my son
Seth Slack and to his heirs and assigns forever, all
my real estate situated and being in Oxford town-
ship Delaware County Ohio, Known as the old homestead
in Range Eighteen Tp 6. Sec. 1 and north half of
Lot No fourteen, containing Eighty two acres more
or less to have and to hold the same to him and
to his heirs and assigns forever.
4th I nominate and appoint my son Seth
Slack Executor of this my last will and testa-
ment and do hereby authorize him to dispose of all
my personal property after my death as he may
deem best and proper. pay off all just and law-
ful claims against me release and discharge for the
laws:
5th If it shall be necessary after my death to
sell any real estate to pay any of my funeral ex-
penses or other debts, I hereby authorize and empower
[Corresponds to labeled page 236 of Will Book 3]
236 Last Will & testament of Ralph Stack decd.
Proceedings had before Isaac Ranney Probate Judge
within and for the County of Delaware and State of
Ohio, at his office in the town of Delaware on the
28th day of April A.D. 1855
This day the last
will and testament of Ralph Stack deceased late
of this County was produced in open court and duly
proven by the testimony of Henry Stark one of the
subscribing witnesses thereto and James R. Hubbell Esq
(as reduced to writing and filed with said will) admitted
to probate and ordered to be recorded as follows.
Copy of Will
In the name of the Benevolent Father of all
I Ralph Slack of the County of Delaware and State
of Ohio, being of sound mind & disposing mind mem-
ory, but weak in body, do make and publish this
my last will and testament.
1st I give and devise unto my four sons Henry
William, John P. and Ralph Slack the sum of
One dollar to each individually.
2nd I give and devise unto my two daugh-
ters Anna Scott & Catharine Chedwick also the
sum of One dollar each individually
3rd After the said several devises and sums
aforesaid shall be paid together with all just and
lawful claims against me, I give and devise all
the residue of my personal property to Seth Slack
my youngest son; also I give and devise to my son
Seth Slack and to his heirs and assigns forever, all
my real estate situated and being in Oxford town-
ship Delaware County Ohio, Known as the old homestead
in Range Eighteen Tp 6. Sec. 1 and north half of
Lot No fourteen, containing Eighty two acres more
or less to have and to hold the same to him and
to his heirs and assigns forever.
4th I nominate and appoint my son Seth
Slack Executor of this my last will and testa-
ment and do hereby authorize him to dispose of all
my personal property after my death as he may
deem best and proper. pay off all just and law-
ful claims against me release and discharge for the
laws:
5th If it shall be necessary after my death to
sell any real estate to pay any of my funeral ex-
penses or other debts, I hereby authorize and empower
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 289)
Description
[Page 289]
[Corresponds to labeled page 237 of Will Book 3]
Last Will and testament of Ralph Slack decd 237
my son Seth Slack Executor hereof to sell the same upon such
terms as he may think proper either at public or private
sale and give deed for the same.
I hereby revoke all former wills and testam-
ents.
In testimony whereof I have hereunto set my hand
and seal this 10th day of September in the year of our
Lord 1846
his
Ralph X Slack
mark
Subscribed to and acknowledged in }
the presence of us }
Henry Riley }
Charles Riley }
The State of Ohio Delaware County SS.
I, Henry Riley being duly sworn in open Court this
21st day of April A.D. 1855 depose and say, that I was
present at the execution of the last will and testament
of Ralph Slack decd hereto annexed: that I saw the
said testator subscribe said will, and heard him publish
and declare the same to be his last will and testa-
ment, and that said testator at the time of executing
the same was of full age and of sound mind and
memory, and not under any restraint, and that I
signed the same as witness at his request and in his
presence and in the presence of Charles Riley who witness-
ed the same time in my presence at request of testator and
in his presence & who is now a non-resident of this state.
Henry Riley
Sworn to & subscribed before me this 28th day of April 1854.
I. Ranney Prob. Judge
The State of Ohio Delaware County SS.
Be it known that on this 28th day of April A.D. 1855
personally appeared before me in open Court James R. Hub-
bell who being duly sworn according to law upon his
oath says that the instrument before him purporting to be
the last will and testament of Ralph Slack decd late
of Delaware Co., affiant wrote at the request of said testa-
tor and saw him (the testator) execute the same by ma-
king his mark in the signature thereof and that at the time
of the execution of said will by said testator he was of sound
and disposing mind & memory and was of full age and un-
der no restraint & further says not
J. R. Hubbell
Sworn to & subscribed before me April 28th '55
I. Ranney Pro. Judge
[Corresponds to labeled page 237 of Will Book 3]
Last Will and testament of Ralph Slack decd 237
my son Seth Slack Executor hereof to sell the same upon such
terms as he may think proper either at public or private
sale and give deed for the same.
I hereby revoke all former wills and testam-
ents.
In testimony whereof I have hereunto set my hand
and seal this 10th day of September in the year of our
Lord 1846
his
Ralph X Slack
mark
Subscribed to and acknowledged in }
the presence of us }
Henry Riley }
Charles Riley }
The State of Ohio Delaware County SS.
I, Henry Riley being duly sworn in open Court this
21st day of April A.D. 1855 depose and say, that I was
present at the execution of the last will and testament
of Ralph Slack decd hereto annexed: that I saw the
said testator subscribe said will, and heard him publish
and declare the same to be his last will and testa-
ment, and that said testator at the time of executing
the same was of full age and of sound mind and
memory, and not under any restraint, and that I
signed the same as witness at his request and in his
presence and in the presence of Charles Riley who witness-
ed the same time in my presence at request of testator and
in his presence & who is now a non-resident of this state.
Henry Riley
Sworn to & subscribed before me this 28th day of April 1854.
I. Ranney Prob. Judge
The State of Ohio Delaware County SS.
Be it known that on this 28th day of April A.D. 1855
personally appeared before me in open Court James R. Hub-
bell who being duly sworn according to law upon his
oath says that the instrument before him purporting to be
the last will and testament of Ralph Slack decd late
of Delaware Co., affiant wrote at the request of said testa-
tor and saw him (the testator) execute the same by ma-
king his mark in the signature thereof and that at the time
of the execution of said will by said testator he was of sound
and disposing mind & memory and was of full age and un-
der no restraint & further says not
J. R. Hubbell
Sworn to & subscribed before me April 28th '55
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 290)
Description
[Page 290]
[Corresponds to labeled page 238 of Will Book 3]
238 Last Will & testament of John Neilson decd.
Proceedings had before I. Ranney Probate Judge
within & for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 27th day
of June A.D 1855.
This day the last will and testament
of John Neilson decd. late of Berkshire Tp in said County
was produced in open Court and duly proven by the tes-
timony of J. P. Crawford and G. B. Carpenter the subscri-
bing witnesses thereto (as reduced to writing and filed with said
will) admitted to Probate and ordered to be recorded as
follows.
Copy of Will
In the name of the benevolent Father of all
I John Neilson do make and publish this my last
will and testament.
Item 1st I give and devise to my beloved wife
in lieu of her dower, the farm on which we now
reside situate in Berkshire Tp. Delaware Ohio contain-
ing about one hundred and five acres during her
natural life and all the stock household goods furni-
ture provisions and other goods and chattels that may
be thereon at the time of my decease during her
life as aforesaid she however selling so much thereof
as may be sufficient to pay my just debt and so
much more as may suit her convenience
Item 2nd And at the decease of my
said wife the real estate as aforesaid I give and
devise to my daughter Lucinda and son Arthur Neil-
son equally divided and the said Lucinda and Ar
thur in consideration of the above devises real estate
are hereby bound and required to provide and support
in sickness and in health myself and wife in food
and rayment sufficient for our comfort during our
life pay all our just debts funeral expenses etc.
Item 3rd And I further bid and require the
said Lucinda Neilson & Arthur Neilson to pay to the
rest of my heirs as soon as convenient after the de-
cease of myself & wife as follows
To my daughter Hester Ann Coleman One hundred &
fifty dollars. Also to my son George Neilson One
hundred and fifty dollars, also to my son Silas SS.
Neilson One hundred and fifty dollars, also to my
daughter Elizabeth Neilson One hundred and fifty dol-
lars.
I do hereby revoke all former wills by me
made.
[Corresponds to labeled page 238 of Will Book 3]
238 Last Will & testament of John Neilson decd.
Proceedings had before I. Ranney Probate Judge
within & for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 27th day
of June A.D 1855.
This day the last will and testament
of John Neilson decd. late of Berkshire Tp in said County
was produced in open Court and duly proven by the tes-
timony of J. P. Crawford and G. B. Carpenter the subscri-
bing witnesses thereto (as reduced to writing and filed with said
will) admitted to Probate and ordered to be recorded as
follows.
Copy of Will
In the name of the benevolent Father of all
I John Neilson do make and publish this my last
will and testament.
Item 1st I give and devise to my beloved wife
in lieu of her dower, the farm on which we now
reside situate in Berkshire Tp. Delaware Ohio contain-
ing about one hundred and five acres during her
natural life and all the stock household goods furni-
ture provisions and other goods and chattels that may
be thereon at the time of my decease during her
life as aforesaid she however selling so much thereof
as may be sufficient to pay my just debt and so
much more as may suit her convenience
Item 2nd And at the decease of my
said wife the real estate as aforesaid I give and
devise to my daughter Lucinda and son Arthur Neil-
son equally divided and the said Lucinda and Ar
thur in consideration of the above devises real estate
are hereby bound and required to provide and support
in sickness and in health myself and wife in food
and rayment sufficient for our comfort during our
life pay all our just debts funeral expenses etc.
Item 3rd And I further bid and require the
said Lucinda Neilson & Arthur Neilson to pay to the
rest of my heirs as soon as convenient after the de-
cease of myself & wife as follows
To my daughter Hester Ann Coleman One hundred &
fifty dollars. Also to my son George Neilson One
hundred and fifty dollars, also to my son Silas SS.
Neilson One hundred and fifty dollars, also to my
daughter Elizabeth Neilson One hundred and fifty dol-
lars.
I do hereby revoke all former wills by me
made.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 291)
Description
[Page 291]
[Corresponds to labeled page 239 of Will Book 3
Last Will & testament of John Neilson decd. 239
In testimony whereof I have hereunto set my hand
and seal this 9th day of June A.D. 1855.
John Neilson {Seal}
Signed and acknowledged by said }
John Neilson as his last will & }
testament in our presence and sign- }
ed by us in his presence }
J. P. Crawford }
G. B. Carpenter }
The State of Ohio Delaware County SS.
We J. P. Crawford and G. B. Carpenter
being duly sworn in open Court this 27th day of June
A.D. 1855, depose and say, that we were present at the execution
of the last will and testament of John Neilson decd. here-
to annexed, that we saw that said testator subscribe said
will, and heard him publish and declare the same to be his
last will and testament, and that the said testator at the
time of executing the same was of sound mind and memory of
full age & not under any restraint, and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other.
J. P. Crawford
G. B. Carpenter
Sworn to & subscribed before me this 27th day of June
A.D. 1855.
I. Ranney Prob. Judge.
[Corresponds to labeled page 239 of Will Book 3
Last Will & testament of John Neilson decd. 239
In testimony whereof I have hereunto set my hand
and seal this 9th day of June A.D. 1855.
John Neilson {Seal}
Signed and acknowledged by said }
John Neilson as his last will & }
testament in our presence and sign- }
ed by us in his presence }
J. P. Crawford }
G. B. Carpenter }
The State of Ohio Delaware County SS.
We J. P. Crawford and G. B. Carpenter
being duly sworn in open Court this 27th day of June
A.D. 1855, depose and say, that we were present at the execution
of the last will and testament of John Neilson decd. here-
to annexed, that we saw that said testator subscribe said
will, and heard him publish and declare the same to be his
last will and testament, and that the said testator at the
time of executing the same was of sound mind and memory of
full age & not under any restraint, and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other.
J. P. Crawford
G. B. Carpenter
Sworn to & subscribed before me this 27th day of June
A.D. 1855.
I. Ranney Prob. Judge.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 292)
Description
[Page 292]
[Corresponds to labeled page 240 of Will Book 3]
240 Last Will and testament of Kimber A. Barton decd.
Proceedings had before I. Ranney Jude of
Probate Court within and for the County of Dela-
ware and State of Ohio July 2nd 1855.
This day the last will and testament of
Kimber Augustus Barton of the Tp. of Oxford in
said County was produced in open Court & by the
testimony of S. B. Monkover Henry J. Slack & James
Samuel Nelson the subscribing witnesses thereto as reduced
to writing & filed, with said will. And by the Court said
will was admitted to Probate & ordered to be recorded.
Copy of Will.
In the name of the Benevolent Father of all
I Kimber Augustus Barton of the Township of Oxford
Delaware County Ohio do make and publish this my
last will and testimony
Item 1st I give and
divise to my beloved wife the farm on which we
now reside situate in Oxford township Delaware
County Ohio containing about one hundred acres of
land during her natural lifetime and all the stock
household goods furniture provisions and the goods &
chattels which may be thereon or belong to me or
my estate at my decease during her natural
lifetime as aforesaid she however selling as much thereof as
may be sufficient to pay my just debts. At the death
of my wife the real estate aforesaid and such part of
the personal property or the proceeds thereof as may then
remain unexpended and unconsumed is to be divided be-
tween my heirs as she may previously direct.
I do hereby nominate and appoint my
friend S. B. Morehouse Executor of this my last will
and testimony and hereby authorize and empower him
him to compromise adjust release and discharge in
such manner as he may deem proper the debts &
claims due me. I do also authorize and impow-
er him if it shall become necessary in order
to pay my debts to sell by private sale or other
in such manner and on such terms of credit or
otherwise as he may think proper all or any part
of my real estate and deeds to purchasers
to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills
by me made.
[Corresponds to labeled page 240 of Will Book 3]
240 Last Will and testament of Kimber A. Barton decd.
Proceedings had before I. Ranney Jude of
Probate Court within and for the County of Dela-
ware and State of Ohio July 2nd 1855.
This day the last will and testament of
Kimber Augustus Barton of the Tp. of Oxford in
said County was produced in open Court & by the
testimony of S. B. Monkover Henry J. Slack & James
Samuel Nelson the subscribing witnesses thereto as reduced
to writing & filed, with said will. And by the Court said
will was admitted to Probate & ordered to be recorded.
Copy of Will.
In the name of the Benevolent Father of all
I Kimber Augustus Barton of the Township of Oxford
Delaware County Ohio do make and publish this my
last will and testimony
Item 1st I give and
divise to my beloved wife the farm on which we
now reside situate in Oxford township Delaware
County Ohio containing about one hundred acres of
land during her natural lifetime and all the stock
household goods furniture provisions and the goods &
chattels which may be thereon or belong to me or
my estate at my decease during her natural
lifetime as aforesaid she however selling as much thereof as
may be sufficient to pay my just debts. At the death
of my wife the real estate aforesaid and such part of
the personal property or the proceeds thereof as may then
remain unexpended and unconsumed is to be divided be-
tween my heirs as she may previously direct.
I do hereby nominate and appoint my
friend S. B. Morehouse Executor of this my last will
and testimony and hereby authorize and empower him
him to compromise adjust release and discharge in
such manner as he may deem proper the debts &
claims due me. I do also authorize and impow-
er him if it shall become necessary in order
to pay my debts to sell by private sale or other
in such manner and on such terms of credit or
otherwise as he may think proper all or any part
of my real estate and deeds to purchasers
to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills
by me made.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 293)
Description
[Page 293]
[Corresponds to labeled page 241 of Will Book 3]
Last Will &c of Kimber A. Barton decd. 241
In testimony whereof I have hereunto set my hand
and X this fourteenth day of June in the year 1855
his
Kimber Augustus X Barton {Seal}
mark
Signed and acknowledged by said }
Kimber Augustus Barton as his last }
will and testimony in our presence }
and signed by us in his presence }
Samuel Nelson }
Henry F. Slack }
S. B. Morehouse }
The State of Ohio Delaware County Ss.
We Samuel Nelson Henry J. Slack & S. B. More-
house being duly sworn in open Court this 2nd
day of July A.D. 1855 depose and say that we
were present at the execution of the last will and
testament of Kimber Augustus Barton decd hereto
annexed; that we saw the said testator subscribe
said will, and heard him publish and declare
the same to be his last will and testament, and
that the said testator at the time of executing the
same was of full age, and of sound mind and mem-
ory, and not under any restraint, and that
we signed the same as witnesses at his request and
in his presence, and in the presence of each other
Samuel Nelson
Henry J. Slack
S. B. Morehouse.
Sworn to & subscribed before me on this 2nd day of July
A. D. 1855.
I. Ranney Prob. Judge
[Corresponds to labeled page 241 of Will Book 3]
Last Will &c of Kimber A. Barton decd. 241
In testimony whereof I have hereunto set my hand
and X this fourteenth day of June in the year 1855
his
Kimber Augustus X Barton {Seal}
mark
Signed and acknowledged by said }
Kimber Augustus Barton as his last }
will and testimony in our presence }
and signed by us in his presence }
Samuel Nelson }
Henry F. Slack }
S. B. Morehouse }
The State of Ohio Delaware County Ss.
We Samuel Nelson Henry J. Slack & S. B. More-
house being duly sworn in open Court this 2nd
day of July A.D. 1855 depose and say that we
were present at the execution of the last will and
testament of Kimber Augustus Barton decd hereto
annexed; that we saw the said testator subscribe
said will, and heard him publish and declare
the same to be his last will and testament, and
that the said testator at the time of executing the
same was of full age, and of sound mind and mem-
ory, and not under any restraint, and that
we signed the same as witnesses at his request and
in his presence, and in the presence of each other
Samuel Nelson
Henry J. Slack
S. B. Morehouse.
Sworn to & subscribed before me on this 2nd day of July
A. D. 1855.
I. Ranney Prob. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 294)
Description
[Page 294]
[Corresponds to labeled page 242 of Will Book 3]
242 Last Will &c of Elizabeth Rogers deceased.
Proceedings had before I. Ranney Probate Judge
in & for the County of Delaware and State of Ohio at
his office in the town of Delaware July 5th 1855.
This day the last will and testament of
Elizabeth Rogers decd. was produced in open Court and
by the testimony of Eli D. English & Henry J. Eaton the
subscribing witnesses thereto duly proven, which said testimony was
reduced to writing & filed with said will and the said Court
admitted said will to Probate & ordered the same & testimony
to be recorded.
Copy of Will.
In the name of the benevolent Father of all. I Elizabeth
Rogers of the County of Delaware and State of Ohio on
the 12th day of June AD Eighteen hundred and fifty five,
do hereby make and publish this my last will and tes-
tament, hereby annulling & revoking all former wills
by me made.
I do hereby give and bequeath all my
property real and personal of every & any description
whatever and in whatsoever form the same may be, wheth-
er in land, bonds, stocks, notes or bank account or
in any other form whatsoever, to my six children
Levi Rogers, Henry Rogers, Daniel Rogers, Charlotte Ro-
gers, William Smith Rogers and Rhoda Fisher wife of
Abraham Fisher, to be equally divided between among
them, excepting as regards Rhoda & Levi, and as Rhoda
has already received two hundred and five dollars, & Levi
Eighty Dollars, It is my will that these amount be de-
ducted respectively from their shares - two hundred & five
dollars from Rhodas share and Eighty dollars from Levis
share
I do hereby nominate constitute and
appoint my beloved husband, William S. Rogers to be
the sole executor of this my last will and testament &
to have the sole & complete control of all my property
aforesaid, to be used and applied, as above mentioned, to
the exclusive use and benefit of my children aforesaid
and do hereby direct that he pay over to my son's
children their respective shares as soon as William Smith
Rogers my youngest child becomes of full age.
I do further direct that my executor
aforesaid do proceed to sell & convey in fee simple, so soon
as in his judgment it may deemed best, my tract of
land containing about one hundred and twenty seven
[Corresponds to labeled page 242 of Will Book 3]
242 Last Will &c of Elizabeth Rogers deceased.
Proceedings had before I. Ranney Probate Judge
in & for the County of Delaware and State of Ohio at
his office in the town of Delaware July 5th 1855.
This day the last will and testament of
Elizabeth Rogers decd. was produced in open Court and
by the testimony of Eli D. English & Henry J. Eaton the
subscribing witnesses thereto duly proven, which said testimony was
reduced to writing & filed with said will and the said Court
admitted said will to Probate & ordered the same & testimony
to be recorded.
Copy of Will.
In the name of the benevolent Father of all. I Elizabeth
Rogers of the County of Delaware and State of Ohio on
the 12th day of June AD Eighteen hundred and fifty five,
do hereby make and publish this my last will and tes-
tament, hereby annulling & revoking all former wills
by me made.
I do hereby give and bequeath all my
property real and personal of every & any description
whatever and in whatsoever form the same may be, wheth-
er in land, bonds, stocks, notes or bank account or
in any other form whatsoever, to my six children
Levi Rogers, Henry Rogers, Daniel Rogers, Charlotte Ro-
gers, William Smith Rogers and Rhoda Fisher wife of
Abraham Fisher, to be equally divided between among
them, excepting as regards Rhoda & Levi, and as Rhoda
has already received two hundred and five dollars, & Levi
Eighty Dollars, It is my will that these amount be de-
ducted respectively from their shares - two hundred & five
dollars from Rhodas share and Eighty dollars from Levis
share
I do hereby nominate constitute and
appoint my beloved husband, William S. Rogers to be
the sole executor of this my last will and testament &
to have the sole & complete control of all my property
aforesaid, to be used and applied, as above mentioned, to
the exclusive use and benefit of my children aforesaid
and do hereby direct that he pay over to my son's
children their respective shares as soon as William Smith
Rogers my youngest child becomes of full age.
I do further direct that my executor
aforesaid do proceed to sell & convey in fee simple, so soon
as in his judgment it may deemed best, my tract of
land containing about one hundred and twenty seven
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 295)
Description
[Page 295]
[Corresponds to labeled page 243 of Will Book 3]
Last Will and testament of Elizabeth Rogers Cont'd 243
and a half acres, & situate in Frederick County State
of Virginia, & it is my will that the proceeds arising
from such sale be invested in Western lands situ-
ate in the State of Ohio or in any other place, for
the sole use & benefit of my children as aforesaid.
I do hereby authorise my said Executor to sell and
convey all and any other real estate to me belonging, at
such times and in such manner as he may see fit, the
proceeds arising from any such sale to be at all times applied
to the sole use and benefit of my said children
And it is further my will & desire, that my said hus-
band, Executor as aforesaid, be not required to give bond
as is customary for Executors or in any other way
And I authorise and empower him, in case of his
death before the provisions of this my last will & testa-
ment are fully carried out, to sellect & appoint
by will or otherwise, a successor who shall see that
so much of this will as remains unperformed at
the death of my said husband, be thereafter fully carried
out according to the provisions hereof.
In testimony whereof I hereunto set my hand & seal
this twelfth day of June in the year of our Lord Eighteen
hundred & fifty five
Elizabeth Rogers {Seal}
Signed & sealed by Elizabeth Rogers in our presence }
and in the presence of each other & in her presence at }
her request signed by us as witnesses. }
Eli D. English }
Henry J. Eaton }
The State of Ohio Delaware County SS.
We Eli D. English & Henry J. Eaton being duly sworn
in open Court this 5th day of July A.D. 1855, depose and
say, that we were present at the execution of the last
will & testament of Elizabeth Rogers decd. hereto annexed
That we saw the said testatrix subscribe said will, & heard
her publish & declare the same to be her last will and
testament & that the said testatrix at the time of execu-
ting the same was of full age, and of sound mind &
memory, & not under any restraint, and that we
signed the same as witnesses at her request & in her
presence & in the presence of each other.
Henry J. Eaton
Eli D. English
Sworn to & subscribed before me July 5th A.D. 1855.
I. Ranney Prob. Judge
[Corresponds to labeled page 243 of Will Book 3]
Last Will and testament of Elizabeth Rogers Cont'd 243
and a half acres, & situate in Frederick County State
of Virginia, & it is my will that the proceeds arising
from such sale be invested in Western lands situ-
ate in the State of Ohio or in any other place, for
the sole use & benefit of my children as aforesaid.
I do hereby authorise my said Executor to sell and
convey all and any other real estate to me belonging, at
such times and in such manner as he may see fit, the
proceeds arising from any such sale to be at all times applied
to the sole use and benefit of my said children
And it is further my will & desire, that my said hus-
band, Executor as aforesaid, be not required to give bond
as is customary for Executors or in any other way
And I authorise and empower him, in case of his
death before the provisions of this my last will & testa-
ment are fully carried out, to sellect & appoint
by will or otherwise, a successor who shall see that
so much of this will as remains unperformed at
the death of my said husband, be thereafter fully carried
out according to the provisions hereof.
In testimony whereof I hereunto set my hand & seal
this twelfth day of June in the year of our Lord Eighteen
hundred & fifty five
Elizabeth Rogers {Seal}
Signed & sealed by Elizabeth Rogers in our presence }
and in the presence of each other & in her presence at }
her request signed by us as witnesses. }
Eli D. English }
Henry J. Eaton }
The State of Ohio Delaware County SS.
We Eli D. English & Henry J. Eaton being duly sworn
in open Court this 5th day of July A.D. 1855, depose and
say, that we were present at the execution of the last
will & testament of Elizabeth Rogers decd. hereto annexed
That we saw the said testatrix subscribe said will, & heard
her publish & declare the same to be her last will and
testament & that the said testatrix at the time of execu-
ting the same was of full age, and of sound mind &
memory, & not under any restraint, and that we
signed the same as witnesses at her request & in her
presence & in the presence of each other.
Henry J. Eaton
Eli D. English
Sworn to & subscribed before me July 5th A.D. 1855.
I. Ranney Prob. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 296)
Description
[Page 296]
[Corresponds to labeled page 244 of Will Book 3]
244 Verbal Will of Sam'l Seigfried deceased
Proceedings had before I. Ranney Probate Judge
within & for the County of Delaware and State of Ohio
had at his office in the town of Delaware on the
6th day of July A.D. 1855.
This day the last verbal will of Samuel
Seigfried decd. was produced in open court & duly pro-
ven by the testimony of Benjamin Seigfried and Angelina
High the subscribing witnesses to the same, and ordered by
the Court to be recorded with said testimony which was
reduced to writing:
Copy of Will.
Samuel Seigfried being very sick, in view of his ap-
proaching dissolution on the 5th of June A.D. 1855
Made the following verbal will, in the presence and
hearing of Angelina High and Benjamin Seigfried, and
called said Angelina & Benjamin to witness the same as
his verbal will
That is to say, the said Samuel Seig-
fried said: He gave all his Personal Property to his
Mother Elizabeth Seigfried in trust to be by her used for
the use and benefit of his Brother Isaac, and his two sis-
ters Margarett & Sarah, who are unfortunate. The bequest
to be subject to the payment of his debts, not including
the Legacies due his sister under his Fathers Will
This verbal will reduced to writing June
11th 1855.
Signed by Angelina High and Benjamin }
Seigfried as witnesses at the request of the }
said Samuel Seigfried who died on the 5th }
day of June About 11 Oclock P.M. }
1855. Benjamin Seigfried }
Angelina High }
The State of Ohio Delaware County SS.
We Benjamin Seigfried and Angelina High being duly sworn in o-
pen Court this 6th day of July A.D. 1855 depose and say, that we
were present at the making of the last will of Samuel Seig-
fried decd. which being verbal has since been reduced to writing
and is hereto annexed; that he did publish & declare the same
to be his last will & testament, and that the said testator
at the time of executing the same was of full age, and
of sound mind & memory and not under any restraint
and that the said testator called upon us to witness said
[Corresponds to labeled page 244 of Will Book 3]
244 Verbal Will of Sam'l Seigfried deceased
Proceedings had before I. Ranney Probate Judge
within & for the County of Delaware and State of Ohio
had at his office in the town of Delaware on the
6th day of July A.D. 1855.
This day the last verbal will of Samuel
Seigfried decd. was produced in open court & duly pro-
ven by the testimony of Benjamin Seigfried and Angelina
High the subscribing witnesses to the same, and ordered by
the Court to be recorded with said testimony which was
reduced to writing:
Copy of Will.
Samuel Seigfried being very sick, in view of his ap-
proaching dissolution on the 5th of June A.D. 1855
Made the following verbal will, in the presence and
hearing of Angelina High and Benjamin Seigfried, and
called said Angelina & Benjamin to witness the same as
his verbal will
That is to say, the said Samuel Seig-
fried said: He gave all his Personal Property to his
Mother Elizabeth Seigfried in trust to be by her used for
the use and benefit of his Brother Isaac, and his two sis-
ters Margarett & Sarah, who are unfortunate. The bequest
to be subject to the payment of his debts, not including
the Legacies due his sister under his Fathers Will
This verbal will reduced to writing June
11th 1855.
Signed by Angelina High and Benjamin }
Seigfried as witnesses at the request of the }
said Samuel Seigfried who died on the 5th }
day of June About 11 Oclock P.M. }
1855. Benjamin Seigfried }
Angelina High }
The State of Ohio Delaware County SS.
We Benjamin Seigfried and Angelina High being duly sworn in o-
pen Court this 6th day of July A.D. 1855 depose and say, that we
were present at the making of the last will of Samuel Seig-
fried decd. which being verbal has since been reduced to writing
and is hereto annexed; that he did publish & declare the same
to be his last will & testament, and that the said testator
at the time of executing the same was of full age, and
of sound mind & memory and not under any restraint
and that the said testator called upon us to witness said
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 297)
Description
[Page 297]
[Corresponds to labeled page 245 of Will Book 3]
Last Will &c of Samuel Seigfried decd. 245
declaration as his will, and that the same was
made by said testator on the 5th day of June A.D. 1855
and reduced to writing & by us witnessed on the 11th day
of June A.D. 1855.
Benj' Seigfried
Angelina High
Sworn to & subscribed before me July 6th A.D. 1855.
I. Ranney Prob. Judge
[Corresponds to labeled page 245 of Will Book 3]
Last Will &c of Samuel Seigfried decd. 245
declaration as his will, and that the same was
made by said testator on the 5th day of June A.D. 1855
and reduced to writing & by us witnessed on the 11th day
of June A.D. 1855.
Benj' Seigfried
Angelina High
Sworn to & subscribed before me July 6th A.D. 1855.
I. Ranney Prob. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 298)
Description
[Page 298]
[Corresponds to labeled page 246 of Will Book 3]
246 Last Will & Testament of Benjamin Hull deceased
Proceedings had before I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his office in the town of Delaware on the
29th day of August A.D. 1855 and the 1st day of Sept. 1855.
This day the last will and
testament of Benjamin Hull deceased late of Thompson
Tp in said County was produced in open Court and
duly proven by the testimony of B. F. McMillen and Joseph
W. Decker, the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows
Copy of Will
I Benjamin Hull of Delaware County Ohio
make this my last will and testament.
Item I give & bequeath to my wife Nancy all my real
estate free from all encumbrance.
Item I will that each of my children now living
shall have five dollars out of my personal property
after my debts are paid and my wife shall have
all the remainder including all moneys and
credits. And I appoint her executor in testimony whereof
I have hereunto set my hand and seal this 8th day
of July A.D. 1855
Benjamin Hull {seal}
in presence of }
B. F. McMillen }
Joseph W. Decker }
The State of Ohio Delaware County SS.
I Joseph W. Decker being duly sworn in open Court
this 29th day of August A.D. 1855 depose and say that
I was present at the execution of the last will and testament
of Benjamin Hull dec'd hereto annexed, and that I saw
the said testator subscribe said will and heard him
publish and declare the same to be his last will & testament
and the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint and that I signed the same as
witness at his request and in his presence and in the presence
of B. F. McMillen the other subscribing witness.
Joseph W. Decker
Sworn to and subscribed before me this 29th day of August
A.D. 1855.
I. Ranney Probate Judge
[Corresponds to labeled page 246 of Will Book 3]
246 Last Will & Testament of Benjamin Hull deceased
Proceedings had before I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his office in the town of Delaware on the
29th day of August A.D. 1855 and the 1st day of Sept. 1855.
This day the last will and
testament of Benjamin Hull deceased late of Thompson
Tp in said County was produced in open Court and
duly proven by the testimony of B. F. McMillen and Joseph
W. Decker, the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows
Copy of Will
I Benjamin Hull of Delaware County Ohio
make this my last will and testament.
Item I give & bequeath to my wife Nancy all my real
estate free from all encumbrance.
Item I will that each of my children now living
shall have five dollars out of my personal property
after my debts are paid and my wife shall have
all the remainder including all moneys and
credits. And I appoint her executor in testimony whereof
I have hereunto set my hand and seal this 8th day
of July A.D. 1855
Benjamin Hull {seal}
in presence of }
B. F. McMillen }
Joseph W. Decker }
The State of Ohio Delaware County SS.
I Joseph W. Decker being duly sworn in open Court
this 29th day of August A.D. 1855 depose and say that
I was present at the execution of the last will and testament
of Benjamin Hull dec'd hereto annexed, and that I saw
the said testator subscribe said will and heard him
publish and declare the same to be his last will & testament
and the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint and that I signed the same as
witness at his request and in his presence and in the presence
of B. F. McMillen the other subscribing witness.
Joseph W. Decker
Sworn to and subscribed before me this 29th day of August
A.D. 1855.
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 299)
Description
[Page 299]
[Corresponds to labeled page 247 of Will Book 3]
Last Will and Testament of Benjamin Hull deceased 247
August 29th 1855
In the Matter of Benjamin Hulls Will
The last will and testament of Benjamin Hull late of
Thompson Tp in the said County dec'd was this day produced
in open Court by the widow of said Hull and it appear-
ing to the court that B. F. McMillen one of the subscri-
bing witnesses to said Will resides out of this jurisdiction of
this court at the town of Richwood Union Co Ohio
It is ordered that a commission issued with the said Will
annexed to this the deposition of the said B. F. McMillen
touching the due execution of said Will to be directed to
Wm. W. Warren Esq who shall execute the same according to
the Statute in such cases made and provided
I. Ranney Probate Judge
Probate Court }
State of Ohio }
Delaware County }
To William W. Warren Esq of Scott Tp
Delaware County Ohio
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 authority
to examine and take the deposition of B. F. McMillen one
of the subscribing witnesses to the Will of Benjamin Hull
deceased hereto annexed late of Thompson Tp in this
County. And therefore we command you that at certain
days and places to be appointed by you, you cause the
said B. F. McMillen to be brought before you and then and
there examine him on his Corporal oath or affirmation first
taken before you touching the due execution of the said
will of the said Benjamin Hull and that you reduce
such examination to writing and return the same together
with the writ and the said Will of the said Benjamin
Hull thereto annexed closed up under your seal into our
said Court of Probate with all convenient speed
Witness I Ranney Judge and
the seal of the said at Delaware
Ohio this 29th day August A.D. 1855
I. Ranney Probate Judge
[Corresponds to labeled page 247 of Will Book 3]
Last Will and Testament of Benjamin Hull deceased 247
August 29th 1855
In the Matter of Benjamin Hulls Will
The last will and testament of Benjamin Hull late of
Thompson Tp in the said County dec'd was this day produced
in open Court by the widow of said Hull and it appear-
ing to the court that B. F. McMillen one of the subscri-
bing witnesses to said Will resides out of this jurisdiction of
this court at the town of Richwood Union Co Ohio
It is ordered that a commission issued with the said Will
annexed to this the deposition of the said B. F. McMillen
touching the due execution of said Will to be directed to
Wm. W. Warren Esq who shall execute the same according to
the Statute in such cases made and provided
I. Ranney Probate Judge
Probate Court }
State of Ohio }
Delaware County }
To William W. Warren Esq of Scott Tp
Delaware County Ohio
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 authority
to examine and take the deposition of B. F. McMillen one
of the subscribing witnesses to the Will of Benjamin Hull
deceased hereto annexed late of Thompson Tp in this
County. And therefore we command you that at certain
days and places to be appointed by you, you cause the
said B. F. McMillen to be brought before you and then and
there examine him on his Corporal oath or affirmation first
taken before you touching the due execution of the said
will of the said Benjamin Hull and that you reduce
such examination to writing and return the same together
with the writ and the said Will of the said Benjamin
Hull thereto annexed closed up under your seal into our
said Court of Probate with all convenient speed
Witness I Ranney Judge and
the seal of the said at Delaware
Ohio this 29th day August A.D. 1855
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 300)
Description
[Page 300]
[Corresponds to labeled page 248 of Will Book 3]
248 Last Will and Testament of Benjamin Hull dec'd
I have executed this within commission as to the
testimony of B. F. McMillen as will appear by the
Schedule hereunto annexed
{Seal}
In pursuance of the dedimus hereto annexed on the
31st day of August A.D. 1855 at the residence of B. F.
McMillen in the Town of Richwood in Union County in the
State of Ohio personally appeared before me B. F. McMillen
of lawful age who being by me first duly sworn depioseth
and says
State of Ohio Union County S.S.
I B. F. McMillen being duly notified attensuse at
my residence in the town of Richwood in said County and
by duly sworn in open court this 31st day of August A.D.
1855 depose and say that I was present at the execution
of the last will of Benjamin Hull late of Delaware
County dec'd hereunto annexed that I saw the said
testator subscribe said Will and heard him publish
and declare the same to be his last Will and
Testament and that the said testator at the time
of executing the same was of full age and of sound
mind and memory and not under any restraint and
that I signed the same as witness at his request and
in his presence and in the presence of Joseph W. Decker
the other subscribing witness
B F McMillen
Sworn to and subscribed before me this 31st day of August
A.D. 1855 Wm M Warren special Com.
The above testimony of the said B F McMillen was
there and then reduced to writing by me and the
witness and sworn to and subscribed in my presence
day In witness whereoff I have on same
day hereunto set my hand and seal
William M Warren {Seal}
Fees $2.00 Commissioner
__________________________________________________________
__________________________________________________________
Last Will & Testament of Philemon Dixon
This day the last will and testament of Philemon Dixon dec'd
late of Liberty Tp of said County was produced in open Court and duly
proven by the testimony of Wm A Standish and M S Case, the sub-
scribing witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and ordered to be recorded
as follows ( September 1st 1855. )
[Corresponds to labeled page 248 of Will Book 3]
248 Last Will and Testament of Benjamin Hull dec'd
I have executed this within commission as to the
testimony of B. F. McMillen as will appear by the
Schedule hereunto annexed
{Seal}
In pursuance of the dedimus hereto annexed on the
31st day of August A.D. 1855 at the residence of B. F.
McMillen in the Town of Richwood in Union County in the
State of Ohio personally appeared before me B. F. McMillen
of lawful age who being by me first duly sworn depioseth
and says
State of Ohio Union County S.S.
I B. F. McMillen being duly notified attensuse at
my residence in the town of Richwood in said County and
by duly sworn in open court this 31st day of August A.D.
1855 depose and say that I was present at the execution
of the last will of Benjamin Hull late of Delaware
County dec'd hereunto annexed that I saw the said
testator subscribe said Will and heard him publish
and declare the same to be his last Will and
Testament and that the said testator at the time
of executing the same was of full age and of sound
mind and memory and not under any restraint and
that I signed the same as witness at his request and
in his presence and in the presence of Joseph W. Decker
the other subscribing witness
B F McMillen
Sworn to and subscribed before me this 31st day of August
A.D. 1855 Wm M Warren special Com.
The above testimony of the said B F McMillen was
there and then reduced to writing by me and the
witness and sworn to and subscribed in my presence
day In witness whereoff I have on same
day hereunto set my hand and seal
William M Warren {Seal}
Fees $2.00 Commissioner
__________________________________________________________
__________________________________________________________
Last Will & Testament of Philemon Dixon
This day the last will and testament of Philemon Dixon dec'd
late of Liberty Tp of said County was produced in open Court and duly
proven by the testimony of Wm A Standish and M S Case, the sub-
scribing witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and ordered to be recorded
as follows ( September 1st 1855. )
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 301)
Description
[Page 301]
[Corresponds to labeled page 249 of Will Book 3]
Last Will and Testatament of Philemon Dixon dec'd 249
In the name of the benevolent Father of all
I Philemon Dixon 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 shares
of the crops now growing on the farm my father left by
Will of which I am an heir. I give and devise all the
residue of my estate to Maria my wife to be to her as
long as she remains my widow and to my heirs forever
I appoint and make James Clark my Uncle Guardian
of my infant Children and also executor of this my
last will and testament.
In testimony whereof I have hereunto
set my hand seal.
Signed and acknowledged this Philemon Dixon {Seal}
16th day of July 1855 by the said
Philemon Dixon in our presence
and signed by us in his presence
William A. Standish
Miles S. Case
The State of Ohio Delaware County SS
We William A. Standish and Miles S. Case being
duly sworn in open Court this 1st day of September
A D 1855 depose and say that we were present
at the execution of the last will and testament of
Philemon Dixon hereto annexed, that we heard him
request Esq Huntly to sign his testators name to it which
was done accordingly and heard him publish and de-
clare the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age and sound mind and
memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence and in the presence of each other
Wm A Standish
M. S. Case
Sworn to and subscribed before me this 1st day of
September A D 1855
I Ranney Probate Judge
The above is a copy record of the proceedings had before
Hon I Ranney Probate Judge within and for the County of
Delaware and State of Ohio at his office in the town of
Delaware on the 1st day of September 1855, in the matter
of the last Will and Testament of Philemon Dixon dec'd
[Corresponds to labeled page 249 of Will Book 3]
Last Will and Testatament of Philemon Dixon dec'd 249
In the name of the benevolent Father of all
I Philemon Dixon 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 shares
of the crops now growing on the farm my father left by
Will of which I am an heir. I give and devise all the
residue of my estate to Maria my wife to be to her as
long as she remains my widow and to my heirs forever
I appoint and make James Clark my Uncle Guardian
of my infant Children and also executor of this my
last will and testament.
In testimony whereof I have hereunto
set my hand seal.
Signed and acknowledged this Philemon Dixon {Seal}
16th day of July 1855 by the said
Philemon Dixon in our presence
and signed by us in his presence
William A. Standish
Miles S. Case
The State of Ohio Delaware County SS
We William A. Standish and Miles S. Case being
duly sworn in open Court this 1st day of September
A D 1855 depose and say that we were present
at the execution of the last will and testament of
Philemon Dixon hereto annexed, that we heard him
request Esq Huntly to sign his testators name to it which
was done accordingly and heard him publish and de-
clare the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age and sound mind and
memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence and in the presence of each other
Wm A Standish
M. S. Case
Sworn to and subscribed before me this 1st day of
September A D 1855
I Ranney Probate Judge
The above is a copy record of the proceedings had before
Hon I Ranney Probate Judge within and for the County of
Delaware and State of Ohio at his office in the town of
Delaware on the 1st day of September 1855, in the matter
of the last Will and Testament of Philemon Dixon dec'd
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 302)
Description
[Page 302]
[Corresponds to labeled page 250 of Will Book 3]
250 Last Will and Testament of Joseph Sharp dec'd
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the town of Delaware on the 4th day of
September A D 1855
This day the last Will and Testament of Joseph Sharp
dec'd late of Genoa Tp in said County was produced in open
Court and duly proved by the testimony of I. W. Durant
and Helson Beebe the subscribing witnesses thereto (as redu-
ced to writing and filed with said Will) admitted to
Probate and ordered to be recorded as follows.
Copy of Will
Genoa March 21 1855
In the name of God. Amen.
The the last Will and Testament of Joseph Sharp of
Genoa Tp Delaware County 1" I wish Emily Sharp the
daughter of Stephen Sharp to have One hundred dollars
in money this fall 2nd and my wife Sophia to have
the residue to my real and personal estate her life=
time. then to be distributed equally among all the heirs
3rd I appoint Stephen Sharp and Louis R Goodspeed the
executors of this my last Will and Testament.
signed in presence of } J. Sharp {Seal}
I. W. Durant }
Helson Beebe }
The State of Ohio Delaware County Ss
We I. W. Durant and Helson Beebe being duly sworn
in open Court this 4" day of September A D 1855 depose
and say that we were present at the execution of
the last will and testament of Joseph Sharp dec'd
hereto annexed and that we saw the said testator sub=
scribe said will and heard him publish and declare
the same to be his last will and testament and that
the said testator at the time of executing the same was of
full age and of sound mind and memory and not
under any restraint and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other
I. W. Durant
Helson Beebe
Sworn to and subscribed before me this 4" day of September
A D 1855
I Ranney Probate Judge
[Corresponds to labeled page 250 of Will Book 3]
250 Last Will and Testament of Joseph Sharp dec'd
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the town of Delaware on the 4th day of
September A D 1855
This day the last Will and Testament of Joseph Sharp
dec'd late of Genoa Tp in said County was produced in open
Court and duly proved by the testimony of I. W. Durant
and Helson Beebe the subscribing witnesses thereto (as redu-
ced to writing and filed with said Will) admitted to
Probate and ordered to be recorded as follows.
Copy of Will
Genoa March 21 1855
In the name of God. Amen.
The the last Will and Testament of Joseph Sharp of
Genoa Tp Delaware County 1" I wish Emily Sharp the
daughter of Stephen Sharp to have One hundred dollars
in money this fall 2nd and my wife Sophia to have
the residue to my real and personal estate her life=
time. then to be distributed equally among all the heirs
3rd I appoint Stephen Sharp and Louis R Goodspeed the
executors of this my last Will and Testament.
signed in presence of } J. Sharp {Seal}
I. W. Durant }
Helson Beebe }
The State of Ohio Delaware County Ss
We I. W. Durant and Helson Beebe being duly sworn
in open Court this 4" day of September A D 1855 depose
and say that we were present at the execution of
the last will and testament of Joseph Sharp dec'd
hereto annexed and that we saw the said testator sub=
scribe said will and heard him publish and declare
the same to be his last will and testament and that
the said testator at the time of executing the same was of
full age and of sound mind and memory and not
under any restraint and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other
I. W. Durant
Helson Beebe
Sworn to and subscribed before me this 4" day of September
A D 1855
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 303)
Description
[Page 303]
[Corresponds to labeled page 251 of Will Book 3]
Last Will and Testament of Isreal E. Buck dec'd 251
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the town of Delaware on the 6" day of
September A D 1855
This day the last Will and Testament of Isreal E. Buck
dec'd late of Delaware Tp in said County was produced
in open Court and duly proven by the testimony of
James R Hubbell and B F Loofbourrow the subscribing
witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as
follows.
Copy of Will
1" In addition to the property to which my beloved wife
Sarah W may be entitled by law I will and bequeath
to her all my household goods whatever and also my Fam=
ily Library
2'd I give and bequeath to my faithful cousin Hannah
M Mc Couicor out of my personal estate the sum of
two hundred dollars provided that sum shall remain
after the settlement of my estate if not then so much as
may remain not exceeding that sum
3'd I give and bequeath to my dear and only son Henrie
Edmund the Gold Watch which I now have which is not
to be considered as personally on settlement.
4th I give and devise to my said son all the residue
of my property, real personal and mixed of every description
Provided that if my said son should die without issue
then I give and devise all my real estate to my faithful
Brother and sisters following, to wit. Collins John T. Priscilla
Anna and Ruth Buck. Provided further that my said
wife shall have and enjoy the use of such real estate
so long as she remain my widow after the same shall become
vested in my said Brothers and Sisters upon the death of
my said son without issue as aforesaid and not other=
wise.
I constitute my Brother John T Buck executor of
my will and Isaac Ranney Esq in whose integrity
and legal attainment I have great confidence as
the legal adviser of my widow and child and
executor so far as may be necessary to promote their
best interests and secure a faithful compliance with
my expressed will.
I desire that my real estate in Delaware should be
kept in and descent to my family connexions beyond the
legal disposition of my will. so as to belong to those
who represent my name and blood to the latest pos=
[Corresponds to labeled page 251 of Will Book 3]
Last Will and Testament of Isreal E. Buck dec'd 251
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the town of Delaware on the 6" day of
September A D 1855
This day the last Will and Testament of Isreal E. Buck
dec'd late of Delaware Tp in said County was produced
in open Court and duly proven by the testimony of
James R Hubbell and B F Loofbourrow the subscribing
witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as
follows.
Copy of Will
1" In addition to the property to which my beloved wife
Sarah W may be entitled by law I will and bequeath
to her all my household goods whatever and also my Fam=
ily Library
2'd I give and bequeath to my faithful cousin Hannah
M Mc Couicor out of my personal estate the sum of
two hundred dollars provided that sum shall remain
after the settlement of my estate if not then so much as
may remain not exceeding that sum
3'd I give and bequeath to my dear and only son Henrie
Edmund the Gold Watch which I now have which is not
to be considered as personally on settlement.
4th I give and devise to my said son all the residue
of my property, real personal and mixed of every description
Provided that if my said son should die without issue
then I give and devise all my real estate to my faithful
Brother and sisters following, to wit. Collins John T. Priscilla
Anna and Ruth Buck. Provided further that my said
wife shall have and enjoy the use of such real estate
so long as she remain my widow after the same shall become
vested in my said Brothers and Sisters upon the death of
my said son without issue as aforesaid and not other=
wise.
I constitute my Brother John T Buck executor of
my will and Isaac Ranney Esq in whose integrity
and legal attainment I have great confidence as
the legal adviser of my widow and child and
executor so far as may be necessary to promote their
best interests and secure a faithful compliance with
my expressed will.
I desire that my real estate in Delaware should be
kept in and descent to my family connexions beyond the
legal disposition of my will. so as to belong to those
who represent my name and blood to the latest pos=
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 304)
Description
[Page 304]
[Corresponds to labeled page 252 of Will Book 3]
252 Last Will and Testament of Isreal E Buck decd Cont'd
sible generation of such blood and name consistently
with my will.
I hereby revoke all former wills by made and declare
this to be my only last will and testament. Witness
my hand and seal this 9" day of March 1855
The foregoing was signed by the } I E Buck {Seal}
said Isreal E Buck in our }
presence and we signed the }
same as witnesses at his }
request and in his presence }
and in presence of each other }
James R. Hubbell
B F Loofbourrow
The State of Ohio Delaware County Ss
We James R Hubbell and B F Loofbourrow being duly sworn
in open Court this 6" day of September A D 1855 depose and
say that we were present at the execution of the
last will and testament of Isreal E Buck dec'd hereto
annexed that we saw the said testator subscribe said
will and heard him publish and declare the same to be
his last will and testament and that the said testator at
the time of executing the same was of full age and of sound
mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in
his presence and in presence of each other
James R Hubbell
B F Loofbourrow
Sworn to and subscribed before me this 6" day of September
A D 1855
I Ranney Probate Judge
[Corresponds to labeled page 252 of Will Book 3]
252 Last Will and Testament of Isreal E Buck decd Cont'd
sible generation of such blood and name consistently
with my will.
I hereby revoke all former wills by made and declare
this to be my only last will and testament. Witness
my hand and seal this 9" day of March 1855
The foregoing was signed by the } I E Buck {Seal}
said Isreal E Buck in our }
presence and we signed the }
same as witnesses at his }
request and in his presence }
and in presence of each other }
James R. Hubbell
B F Loofbourrow
The State of Ohio Delaware County Ss
We James R Hubbell and B F Loofbourrow being duly sworn
in open Court this 6" day of September A D 1855 depose and
say that we were present at the execution of the
last will and testament of Isreal E Buck dec'd hereto
annexed that we saw the said testator subscribe said
will and heard him publish and declare the same to be
his last will and testament and that the said testator at
the time of executing the same was of full age and of sound
mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in
his presence and in presence of each other
James R Hubbell
B F Loofbourrow
Sworn to and subscribed before me this 6" day of September
A D 1855
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 305)
Description
[Page 305]
[Corresponds to labeled page 253 of Will Book 3]
Last Will and Testament of Margaret Lane decd 253
Proceedings had before I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 14th
day of September 1855.
This day the Last Will and Testament of Margaret
Lane decd of Genoa Tp in said County was produced in
open Court and duly sworn by the testimony of Isreal
Kiser and Hiram Bennett the subscribing witnesses thereto
and ordered by the Court to be recorded and said
Testimony which was reduced to writing and filed with said
Will which said will was admitted to Probate and
ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all I
Margaret Lane of Genoa Township Delaware County Ohio
do make and publish this my last Will and Testament
1" After all my just debts are paid my Real Estate Delaware
County Ohio is to be sold and the proceeds thereof to be equal-
ly dived amongst nine of my Heirs Lucinda Weeks
Selesta Tippy Salman Lane Hulda Scholy Lora Bales Edwin
Lane Cordela Welch Hanna Lane Saffrona Lane and
the proseeds of my Land Warrant to be dived between
my two youngest children Hanna Lane and Saffrona
Lane and my Personal property to be dived Lucinda Weeks
my daughter is to have one silk Bunnet 14 yds of Saun
one Blk Silk Cape. Suffrona Lane my daughter to have
1 Bed Stead 2 Feather Beds 2 under Bed ticks 7 Sheets 7 ps
pillow cases 1 plad Blanket 2 Woolen Comforters 2 Calico
Quilts unquilted 2 Calico dress patterns and Cordela Welch my
daughter is to have 1 plad Blanket and Lora Bales my daughter is
to have 1 new Calico Dress with 2 Black Shalls and Naoma
my Daughter is to have 1 plad Blanket and feathers for
a Bed Lora Bales my Daughter is to have something which
I forgot 3 prs of Sheets and 2 prs of pillow Cases and the
Ballance of the Sheets and pillow cases Naoma is to have
and 1 Comforter unquilted and Suffrona Lane is to have
1 Linen Table Cloth - and a number of pounds of yarn
Woolen and Cotton to be divided between Hulda Scholy and
Suffrona equally and 1 pr Shoes to Hulda Scholy and
my wish is to have a pair of Tom Stones as Daniel Lane
my husband and the ballance of my pearsonal property
to be sold and dived between Eight Heirs except Seleseta
Tippy Edman Lane my son is to have my Bible Ransom
Sam Digarotipe to Cordela Welch & Hymer Bock to Naoma
Lane and I apoint my son Salmon Lane my Executor to
dispose of my property and to convert it into money
[Corresponds to labeled page 253 of Will Book 3]
Last Will and Testament of Margaret Lane decd 253
Proceedings had before I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 14th
day of September 1855.
This day the Last Will and Testament of Margaret
Lane decd of Genoa Tp in said County was produced in
open Court and duly sworn by the testimony of Isreal
Kiser and Hiram Bennett the subscribing witnesses thereto
and ordered by the Court to be recorded and said
Testimony which was reduced to writing and filed with said
Will which said will was admitted to Probate and
ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all I
Margaret Lane of Genoa Township Delaware County Ohio
do make and publish this my last Will and Testament
1" After all my just debts are paid my Real Estate Delaware
County Ohio is to be sold and the proceeds thereof to be equal-
ly dived amongst nine of my Heirs Lucinda Weeks
Selesta Tippy Salman Lane Hulda Scholy Lora Bales Edwin
Lane Cordela Welch Hanna Lane Saffrona Lane and
the proseeds of my Land Warrant to be dived between
my two youngest children Hanna Lane and Saffrona
Lane and my Personal property to be dived Lucinda Weeks
my daughter is to have one silk Bunnet 14 yds of Saun
one Blk Silk Cape. Suffrona Lane my daughter to have
1 Bed Stead 2 Feather Beds 2 under Bed ticks 7 Sheets 7 ps
pillow cases 1 plad Blanket 2 Woolen Comforters 2 Calico
Quilts unquilted 2 Calico dress patterns and Cordela Welch my
daughter is to have 1 plad Blanket and Lora Bales my daughter is
to have 1 new Calico Dress with 2 Black Shalls and Naoma
my Daughter is to have 1 plad Blanket and feathers for
a Bed Lora Bales my Daughter is to have something which
I forgot 3 prs of Sheets and 2 prs of pillow Cases and the
Ballance of the Sheets and pillow cases Naoma is to have
and 1 Comforter unquilted and Suffrona Lane is to have
1 Linen Table Cloth - and a number of pounds of yarn
Woolen and Cotton to be divided between Hulda Scholy and
Suffrona equally and 1 pr Shoes to Hulda Scholy and
my wish is to have a pair of Tom Stones as Daniel Lane
my husband and the ballance of my pearsonal property
to be sold and dived between Eight Heirs except Seleseta
Tippy Edman Lane my son is to have my Bible Ransom
Sam Digarotipe to Cordela Welch & Hymer Bock to Naoma
Lane and I apoint my son Salmon Lane my Executor to
dispose of my property and to convert it into money
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 306)
Description
[Page 306]
[Corresponds to labeled page 254 of Will Book 3]
254 Last Will and Testament of Margaret Lane dec'd
and make an eaqual Dividend as aforesaid and
if my son Salman Lane should not live to do so then
I apoint George Williams
In testamony whereof I have set
my hand and seal this tenth day of July in year of our
lord one thousand eight hundred and fifty five
Signed in presence of Margaret
Isreal Kiser her X mark
Hiram Bennett Lane
The State of Ohio Delaware County Ss
We Isreal Kiser and Hiram Bennett being duly sworn in
open Court this 14th day of September A D 1855 depose and say
that we were present at the execution of the last will
and testament of Margaret Lane dec'd hereto annexed
that we saw the said testator subscribe said will and
heard her publish and declare the same to be her
last will and testament and that the said testator at
the time of executing the same was of sound mind and memory
and of full age and not under any restraint and that
we signed the same as witnesses at her request and in
her presence and in the presence of each other
Isreal Kiser
Hiram Bennett
Sworn to and subscribed before me this 14th day of
September AD 1855
I Ranney Probate Judge
[Corresponds to labeled page 254 of Will Book 3]
254 Last Will and Testament of Margaret Lane dec'd
and make an eaqual Dividend as aforesaid and
if my son Salman Lane should not live to do so then
I apoint George Williams
In testamony whereof I have set
my hand and seal this tenth day of July in year of our
lord one thousand eight hundred and fifty five
Signed in presence of Margaret
Isreal Kiser her X mark
Hiram Bennett Lane
The State of Ohio Delaware County Ss
We Isreal Kiser and Hiram Bennett being duly sworn in
open Court this 14th day of September A D 1855 depose and say
that we were present at the execution of the last will
and testament of Margaret Lane dec'd hereto annexed
that we saw the said testator subscribe said will and
heard her publish and declare the same to be her
last will and testament and that the said testator at
the time of executing the same was of sound mind and memory
and of full age and not under any restraint and that
we signed the same as witnesses at her request and in
her presence and in the presence of each other
Isreal Kiser
Hiram Bennett
Sworn to and subscribed before me this 14th day of
September AD 1855
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 307)
Description
[Page 307]
[Corresponds to labeled page 255 of Will Book 3]
Last Will and Testament of Electa Dopson dec'd 255
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State at his office
in the town of Delaware on the 22" day of September AD 1855
This day the last Will and Testament of Electa Dopson
dec'd late of Delaware Ohio was produced in open Court
and duly Proved by the
Copy of Will
By the blessing of a kind Providence I Electa Dopson
of sound mind & memory publish and declare this as
my last will and testament viz
1" It is my will that my just debts be fully paid
2" I hereby Devise to my beloved Daughter Permelia Covell
the west half of inlots Nos 17 & 32 as described on the general
Town Plot of Delaware as recorded in the proper office of Del-
aware Co Ohio & in case the said Parmelia dies before I
do, in that case said premises are to belong to the following chil
dren of said Parmelia in equal proportions to wit
Mary Ellen Louisa Ann Parmelia I. Adeline I & Edgar Calvin
Covell
3" I give to Judson D Nettleton & John D Nettleton my
Grandchildren the sum of $200 - to be divided equally between
them which becomes due from Manly D & Lyman S Covell
when said Nettletons respectively come of age and in case said
legatees die before coming of age then said sum is to be
paid to all the children of said Parmelia Covell in
equal proportions
4" All my other property is to be divided equally among
all the children of said Parmelia Covell who shall be
living at the time of my death.
I hereby appoint Manly D Covell Executor of this my
last Will and Testament.
Witness my hand and seal this 25" day of September
1850
Signed and acknowledged Electa Dopson {Seal}
by said Electa Dobson as her
last will and testament in our
presence and signed by us in her presence
R B Hayes
Ardelia See
[Corresponds to labeled page 255 of Will Book 3]
Last Will and Testament of Electa Dopson dec'd 255
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State at his office
in the town of Delaware on the 22" day of September AD 1855
This day the last Will and Testament of Electa Dopson
dec'd late of Delaware Ohio was produced in open Court
and duly Proved by the
Copy of Will
By the blessing of a kind Providence I Electa Dopson
of sound mind & memory publish and declare this as
my last will and testament viz
1" It is my will that my just debts be fully paid
2" I hereby Devise to my beloved Daughter Permelia Covell
the west half of inlots Nos 17 & 32 as described on the general
Town Plot of Delaware as recorded in the proper office of Del-
aware Co Ohio & in case the said Parmelia dies before I
do, in that case said premises are to belong to the following chil
dren of said Parmelia in equal proportions to wit
Mary Ellen Louisa Ann Parmelia I. Adeline I & Edgar Calvin
Covell
3" I give to Judson D Nettleton & John D Nettleton my
Grandchildren the sum of $200 - to be divided equally between
them which becomes due from Manly D & Lyman S Covell
when said Nettletons respectively come of age and in case said
legatees die before coming of age then said sum is to be
paid to all the children of said Parmelia Covell in
equal proportions
4" All my other property is to be divided equally among
all the children of said Parmelia Covell who shall be
living at the time of my death.
I hereby appoint Manly D Covell Executor of this my
last Will and Testament.
Witness my hand and seal this 25" day of September
1850
Signed and acknowledged Electa Dopson {Seal}
by said Electa Dobson as her
last will and testament in our
presence and signed by us in her presence
R B Hayes
Ardelia See
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 308)
Description
[Page 308]
[Corresponds to labeled page 256 of Will Book 3]
256 Last Will and Testament of Electa Dopson dec'd
The State of Ohio Delaware Co SS
I Rutherford B Hayes being duly sworn in open Court
this 22" day of September A D 1855 depose and say that
I was present at the execution of the last will and testament
of Electa Dopson hereto annexed that I saw the said
testator subscribe said will and heard her publish and
declare the same to be her last will and testament and
that the said testatrix at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint and that I signed the same as
witness at her request and in her presence and in the
presence of Ardelia See the other subscribing witness who
attached her name to the same as witness in presence
and is since deceased
R B Hayes
Sworn to and subscribed before me this 22nd day of Sept'r AD 1855
I Ranney
Probate Judge
State of Ohio Delaware County Ss
I Louisa L Covell being duly sworn in open Court
this 22" day of Sept AD 1855 depose & say that I and
the sister of Ardelia See dec'd whose signature is
attached to the accompanying Will of Electa Dopson dec'd
that I am acquainted with the hand writing of my said
decd sister have frequently seen her write her name and
readily recognize the signature as witness to said Will as the
name in the hand writing of my said sister and have
no doubt of its genuineness
Louisa L Covell
Sworn to and subscribed before me Sept 22 1855
I Ranney Probate Judge
[Corresponds to labeled page 256 of Will Book 3]
256 Last Will and Testament of Electa Dopson dec'd
The State of Ohio Delaware Co SS
I Rutherford B Hayes being duly sworn in open Court
this 22" day of September A D 1855 depose and say that
I was present at the execution of the last will and testament
of Electa Dopson hereto annexed that I saw the said
testator subscribe said will and heard her publish and
declare the same to be her last will and testament and
that the said testatrix at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint and that I signed the same as
witness at her request and in her presence and in the
presence of Ardelia See the other subscribing witness who
attached her name to the same as witness in presence
and is since deceased
R B Hayes
Sworn to and subscribed before me this 22nd day of Sept'r AD 1855
I Ranney
Probate Judge
State of Ohio Delaware County Ss
I Louisa L Covell being duly sworn in open Court
this 22" day of Sept AD 1855 depose & say that I and
the sister of Ardelia See dec'd whose signature is
attached to the accompanying Will of Electa Dopson dec'd
that I am acquainted with the hand writing of my said
decd sister have frequently seen her write her name and
readily recognize the signature as witness to said Will as the
name in the hand writing of my said sister and have
no doubt of its genuineness
Louisa L Covell
Sworn to and subscribed before me Sept 22 1855
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 309)
Description
[Page 309]
[Corresponds to labeled page 257 of Will Book 3]
Last Will and Testament of Elizabeth Minter Deceased 257
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 15th day of October
A.D. 1855
This day the last Will and Testament of Elizabeth Minter
deceased late of Radnor Township in said County was
produced in open court and duly proven by the testimony of
John G Dunlap and Andrew Stephen the subscribing witnesses thereto
(as reduced to writing and filed with said will admitted to Probate
and ordered to be recorded as follows
Copy of Will
I Elizabeth Minter of the County of Delaware and State of Ohio
do make and publish this my last Will and Testament in man-
ner and form following
First it is my will that my funeral expenses and all my just
debts be fully paid. Secondly I give and bequeath to Margaret
C Fleming Daughter of my Neice Phebe Fleming one bed and beding
Third I give and bequeath to my neice Phebe Fleming wife
of John Fleming all my personal property except the above
mentioned Bed and Beding also all moneys there is coming
to me by herself and further I authorize my executrix to sign
any instrument of writing that may be necessary for the pur-
pose of obtaining said money
And lastly I constitute and appoint my neice Phebe
Fleming to be the executrix of this my last Will and Testament
revoking and annulling all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this third day October A.D. 1844
Signed in presence of her
John F Dunlap Elizabeth X Minter {Seal}
Andrew Stephen mark
The State of Ohio Delaware County SS
We John F Dunlap & Andrew Stephen being duly sworn in
open Court this 15th day of October A.D. 1855 depose and say
that we were present at the execution of the last Will and
Testament of Elizabeth Minter deceased hereto annexed
and that to the best of our recollection we saw the said testator
subscribe said will and heard her publish and declare the
same to be her last Will and Testament and for the state that
the said testatrix at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at her
request and in her presence and in the presence of each other
Sworn to and subscribed before me John F Dunlap
this 15th day of October A.D. 1855 Andrew Stephen
I Ranney Probate Judge
[Corresponds to labeled page 257 of Will Book 3]
Last Will and Testament of Elizabeth Minter Deceased 257
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 15th day of October
A.D. 1855
This day the last Will and Testament of Elizabeth Minter
deceased late of Radnor Township in said County was
produced in open court and duly proven by the testimony of
John G Dunlap and Andrew Stephen the subscribing witnesses thereto
(as reduced to writing and filed with said will admitted to Probate
and ordered to be recorded as follows
Copy of Will
I Elizabeth Minter of the County of Delaware and State of Ohio
do make and publish this my last Will and Testament in man-
ner and form following
First it is my will that my funeral expenses and all my just
debts be fully paid. Secondly I give and bequeath to Margaret
C Fleming Daughter of my Neice Phebe Fleming one bed and beding
Third I give and bequeath to my neice Phebe Fleming wife
of John Fleming all my personal property except the above
mentioned Bed and Beding also all moneys there is coming
to me by herself and further I authorize my executrix to sign
any instrument of writing that may be necessary for the pur-
pose of obtaining said money
And lastly I constitute and appoint my neice Phebe
Fleming to be the executrix of this my last Will and Testament
revoking and annulling all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this third day October A.D. 1844
Signed in presence of her
John F Dunlap Elizabeth X Minter {Seal}
Andrew Stephen mark
The State of Ohio Delaware County SS
We John F Dunlap & Andrew Stephen being duly sworn in
open Court this 15th day of October A.D. 1855 depose and say
that we were present at the execution of the last Will and
Testament of Elizabeth Minter deceased hereto annexed
and that to the best of our recollection we saw the said testator
subscribe said will and heard her publish and declare the
same to be her last Will and Testament and for the state that
the said testatrix at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at her
request and in her presence and in the presence of each other
Sworn to and subscribed before me John F Dunlap
this 15th day of October A.D. 1855 Andrew Stephen
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 310)
Description
[Page 310]
[Corresponds to labeled page 258 of Will Book 3]
258 The last Will and Testament of Ralph Dildine deceased
Proceedings had before I Ranney Probate Judge in and for
said County of Delaware and State of Ohio at his office
in the Town of Delaware October 20th 1855
This day the last Will and Testament of Ralph Dildine
deceased late of Radnor Township in said County was
produced in open Court and duly proven by the testimony
of John Cunningham and Nathan Price the subscribing witnesses
thereto as reduced to writing and filed with said will admitted
to probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of All
I Ralph Dildine of the County of Delaware Ohio being of
sound mind do make and publish this my last will and
Testament in manner and form following 1st I give and
bequeath to my beloved wife Effy Dildine during her natural
life the farm on which I now live situate in the County of
Delaware and State of Ohio and in Range twenty Township
five & section one U.S.M. Lands containing about 180 acres
of land Also I give and bequeath to my said wife all my
household and kitchen furniture all my money and
credits and all my grain and stocks and effects as hereinafter
mentioned by her paying all my debts and funeral expenses
and costs of Administration 2nd I give and bequeath to my
daughter Effy C Olds one horse 3rd I give and bequeath to
my son William Dildine at the death of my said wife all
that part of my said farm lying south of the County road
leading from the Delaware & Delhio road to the Scioto river
by him paying the following sums to my daughter Effy C
Olds one hundred dollars to my daughter Abigal Marley
Fifty Dollars to my Son Richard Dildine One Dollar to my
son Allen Dildine One Dollar 4th I give and bequeath to my
son Valentine Dildine all that part of my farm being and
lying north of said County road at the death of my said
wife by him paying the following sums to my son Sampson
Dildine now residing in the State of Illinois Indiania
One hundred Dollars to my daughter Rebecca Collins fifty
Dollars to my daughter Martha Minter one dollar all the
above and within named legacies to be paid in two years after
the death of my said wife 5th I do hereby nominate and app
oint my beloved wife Effy Dildine executor of this my last
will and testament I do hereby revoke and annul all former
wills by me made and ratify and confirm this as my last
Will and testament In testimony whereof I have hereunto set my
hand and seal this 29th day of October A.D. 1853
Ralph Dildine {Seal}
[Corresponds to labeled page 258 of Will Book 3]
258 The last Will and Testament of Ralph Dildine deceased
Proceedings had before I Ranney Probate Judge in and for
said County of Delaware and State of Ohio at his office
in the Town of Delaware October 20th 1855
This day the last Will and Testament of Ralph Dildine
deceased late of Radnor Township in said County was
produced in open Court and duly proven by the testimony
of John Cunningham and Nathan Price the subscribing witnesses
thereto as reduced to writing and filed with said will admitted
to probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of All
I Ralph Dildine of the County of Delaware Ohio being of
sound mind do make and publish this my last will and
Testament in manner and form following 1st I give and
bequeath to my beloved wife Effy Dildine during her natural
life the farm on which I now live situate in the County of
Delaware and State of Ohio and in Range twenty Township
five & section one U.S.M. Lands containing about 180 acres
of land Also I give and bequeath to my said wife all my
household and kitchen furniture all my money and
credits and all my grain and stocks and effects as hereinafter
mentioned by her paying all my debts and funeral expenses
and costs of Administration 2nd I give and bequeath to my
daughter Effy C Olds one horse 3rd I give and bequeath to
my son William Dildine at the death of my said wife all
that part of my said farm lying south of the County road
leading from the Delaware & Delhio road to the Scioto river
by him paying the following sums to my daughter Effy C
Olds one hundred dollars to my daughter Abigal Marley
Fifty Dollars to my Son Richard Dildine One Dollar to my
son Allen Dildine One Dollar 4th I give and bequeath to my
son Valentine Dildine all that part of my farm being and
lying north of said County road at the death of my said
wife by him paying the following sums to my son Sampson
Dildine now residing in the State of Illinois Indiania
One hundred Dollars to my daughter Rebecca Collins fifty
Dollars to my daughter Martha Minter one dollar all the
above and within named legacies to be paid in two years after
the death of my said wife 5th I do hereby nominate and app
oint my beloved wife Effy Dildine executor of this my last
will and testament I do hereby revoke and annul all former
wills by me made and ratify and confirm this as my last
Will and testament In testimony whereof I have hereunto set my
hand and seal this 29th day of October A.D. 1853
Ralph Dildine {Seal}
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 311)
Description
[Page 311]
[Corresponds to labeled page 259 of Will Book 3]
Last Will and Testament of Ralph Dildine Decd 259
Signed and acknowledged by said Ralph Dildine as
his last Will and Testament in our presence and signed by
us at his request as witnesses in his presence
John Cunningham
my
Nathan X Price
mark
The State of Ohio Delaware County SS
We John Cunningham and Nathan Price being duly sworn in open
Court this 20th day of October A.D. 1855 depose and say that we were
present at the execution of the last will and testament of Ralph
Dildine deceased hereto annexed that we saw the said testator
subscribe said will and heard him publish and declare the same
to be his last will and testament and that said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint and that we signed the
same as witnesses at his request and in his presence and in the
presence of each other John Cunningham
his
Nathan X Price
mark
Attest I Ranney
Sworn to and subscribed before me this 20th
day of October AD 1855 I Ranney Probate Judge
Last Will and Testament of George Shryer Decd
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office
in the Town of Delaware November 14th A.D. 1855
This day the Last Will and Testament of George
Shryer Deceased late of Township in said
County was produced in open Court and duly proven
by the testimony of J. W. Cone A. W. Cone and James
Carsfalder the subscribing witnesses thereto as reduced
to writing and filed with said admitted to probate
and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all
I George Shryer of Thompson Township Delaware County
and State of Ohio Do make and publish this my
last Will and Testament Item First I give and
devise to my beloved wife all the stock household
goods furniture provisions and other goods and chattels
moneys and credits during her natural life she however
selling so much thereof as may be sufficient to pay my
Just debts At the death of my said wife and such amount
of the said property or proceeds thereof as may then
[Corresponds to labeled page 259 of Will Book 3]
Last Will and Testament of Ralph Dildine Decd 259
Signed and acknowledged by said Ralph Dildine as
his last Will and Testament in our presence and signed by
us at his request as witnesses in his presence
John Cunningham
my
Nathan X Price
mark
The State of Ohio Delaware County SS
We John Cunningham and Nathan Price being duly sworn in open
Court this 20th day of October A.D. 1855 depose and say that we were
present at the execution of the last will and testament of Ralph
Dildine deceased hereto annexed that we saw the said testator
subscribe said will and heard him publish and declare the same
to be his last will and testament and that said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint and that we signed the
same as witnesses at his request and in his presence and in the
presence of each other John Cunningham
his
Nathan X Price
mark
Attest I Ranney
Sworn to and subscribed before me this 20th
day of October AD 1855 I Ranney Probate Judge
Last Will and Testament of George Shryer Decd
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office
in the Town of Delaware November 14th A.D. 1855
This day the Last Will and Testament of George
Shryer Deceased late of Township in said
County was produced in open Court and duly proven
by the testimony of J. W. Cone A. W. Cone and James
Carsfalder the subscribing witnesses thereto as reduced
to writing and filed with said admitted to probate
and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all
I George Shryer of Thompson Township Delaware County
and State of Ohio Do make and publish this my
last Will and Testament Item First I give and
devise to my beloved wife all the stock household
goods furniture provisions and other goods and chattels
moneys and credits during her natural life she however
selling so much thereof as may be sufficient to pay my
Just debts At the death of my said wife and such amount
of the said property or proceeds thereof as may then
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 312)
Description
[Page 312]
[Corresponds to labeled page 260 of Will Book 3]
260
blank page
[Corresponds to labeled page 260 of Will Book 3]
260
blank page
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 313)
Description
[Page 313]
[Corresponds to labeled page 261 of Will Book 3]
261
blank page
[Corresponds to labeled page 261 of Will Book 3]
261
blank page
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 314)
Description
[Page 314]
[Corresponds to labeled page 262 of Will Book 3]
262 Last Will and Testament of George Shryer deceased
remain unconsumed and unexpended I give and Devise
to my children in equal shares the share of my Son
Frederick who is now deceased shall go to his two chil
dren I do hereby nominate and appoint J. W. Cone Executor
of this my last Will and Testament In testimony where
of I have hereunto set my hand and seal this 29th day
of September in the year 1855 George Shryer {Seal}
Signed and acknowledged by said George Shryer
as his last Will and Testament in our presence and
signed by us in his presence J. W. Cone
A W. Cone
James Harsfalden
The State of Ohio Delaware County SS
We John W Cone Allen W Cone and James Harsfalden
being duly sworn in open Court this 14' day of November AD
1855 depose and say that we were present at the execution
of the last will and testament of George Shryer deceased
hereto annexed thus we saw the said Testator subscribe
said Will by the hand of J. W. Cone who wrote testators name
at his request and heard him publish and declare the
same to be his last Will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other J. W. Cone
A. W. Cone
James Harsfalden
Sworn to and subscribed before me this 14' day of November
A.D. 1855
I Ranney Probate Judge
[Corresponds to labeled page 262 of Will Book 3]
262 Last Will and Testament of George Shryer deceased
remain unconsumed and unexpended I give and Devise
to my children in equal shares the share of my Son
Frederick who is now deceased shall go to his two chil
dren I do hereby nominate and appoint J. W. Cone Executor
of this my last Will and Testament In testimony where
of I have hereunto set my hand and seal this 29th day
of September in the year 1855 George Shryer {Seal}
Signed and acknowledged by said George Shryer
as his last Will and Testament in our presence and
signed by us in his presence J. W. Cone
A W. Cone
James Harsfalden
The State of Ohio Delaware County SS
We John W Cone Allen W Cone and James Harsfalden
being duly sworn in open Court this 14' day of November AD
1855 depose and say that we were present at the execution
of the last will and testament of George Shryer deceased
hereto annexed thus we saw the said Testator subscribe
said Will by the hand of J. W. Cone who wrote testators name
at his request and heard him publish and declare the
same to be his last Will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other J. W. Cone
A. W. Cone
James Harsfalden
Sworn to and subscribed before me this 14' day of November
A.D. 1855
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 315)
Description
[Page 315]
[Corresponds to labeled page 263 of Will Book 3]
Designation of Heir at Law by Wesley Closson 263
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware Oct 11' 1855
This day Wesly Clossan of Harlem Township Delaware
County appeared in open Court and made the following
designation of an heir at Law in due form of law
which was thereupon ordered by the court to be recorded
Know all men that I Wesley Clossen of the township of
Harlem in the County of Delaware and State of Ohio of law
ful age and being of sound mind and memory do hereby
declare in the presence of I Ranney Probate Judge and John
B Gates and Picton D Hillyer persons of my acquaintance
that it is my free and voluntary act that I do hereby design
ate and appoint Miralda Louisa Closson now known as Julia Thomas Closson aged Sixteen
months (and being the child that myself and wife have recently
addopted & recieved from the society of the house of the friendship
located in the City of New York who now resides in my
family in the Township of Harlem & State of Ohio aforesaid
to stand towards me in the relation of an heir at Law in
the event of my death Witness my hand and seal at Delaware
Ohio this 11' day of October A.D. 1855
Witness by us as acquaintances Wesley Closson {Seal}
of said Wesley Closson and
by him signed and filed in the Probate Court of Delaware Co
Ohio in our presence Oct 11' 1855 P. D. Hillyer
J. B. Gates
Last Will and Testament of Henry Van Horn deceased
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in
the Town of Delaware November 15' 1855
This day the last Will and Testament of Henry
Van Horn deceased late of the Town of Delaware Delaware Co
Ohio was produced in open court and proved by the testimony
of Abraham Blymyer & Mrs Wm. Jones (subscribing witnesses
thereto and reduced to writing and filed with said Will
Admitted to Probate and ordered to be recorded as follows
Copy of Will
I Henry Van Horn of Delaware Ohio being mindful of
my approaching dissolution but acting under the
guidance of a sound mind and memory do make
publish and declare this and no other to be my last
will and testament and hereby revoking and annuling
[Corresponds to labeled page 263 of Will Book 3]
Designation of Heir at Law by Wesley Closson 263
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware Oct 11' 1855
This day Wesly Clossan of Harlem Township Delaware
County appeared in open Court and made the following
designation of an heir at Law in due form of law
which was thereupon ordered by the court to be recorded
Know all men that I Wesley Clossen of the township of
Harlem in the County of Delaware and State of Ohio of law
ful age and being of sound mind and memory do hereby
declare in the presence of I Ranney Probate Judge and John
B Gates and Picton D Hillyer persons of my acquaintance
that it is my free and voluntary act that I do hereby design
ate and appoint Miralda Louisa Closson now known as Julia Thomas Closson aged Sixteen
months (and being the child that myself and wife have recently
addopted & recieved from the society of the house of the friendship
located in the City of New York who now resides in my
family in the Township of Harlem & State of Ohio aforesaid
to stand towards me in the relation of an heir at Law in
the event of my death Witness my hand and seal at Delaware
Ohio this 11' day of October A.D. 1855
Witness by us as acquaintances Wesley Closson {Seal}
of said Wesley Closson and
by him signed and filed in the Probate Court of Delaware Co
Ohio in our presence Oct 11' 1855 P. D. Hillyer
J. B. Gates
Last Will and Testament of Henry Van Horn deceased
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in
the Town of Delaware November 15' 1855
This day the last Will and Testament of Henry
Van Horn deceased late of the Town of Delaware Delaware Co
Ohio was produced in open court and proved by the testimony
of Abraham Blymyer & Mrs Wm. Jones (subscribing witnesses
thereto and reduced to writing and filed with said Will
Admitted to Probate and ordered to be recorded as follows
Copy of Will
I Henry Van Horn of Delaware Ohio being mindful of
my approaching dissolution but acting under the
guidance of a sound mind and memory do make
publish and declare this and no other to be my last
will and testament and hereby revoking and annuling
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 316)
Description
[Page 316]
[Corresponds to labeled page 264 of Will Book 3]
264 Last Will and Testament of Henry Van Horn deceased
all other and any former will. That is to say 1st It
is my will and desire that all my just debts and
funeral expenses be first paid 2nd I will and devise and
bequeath unto my beloved wife Van Horn all
the residue of my property both real and personal for
her support and maintenance during her natural
life with full power to manage sell and dispose
of by deed in fee or otherwise any or all such property
real or personal as she may deem best for her support
as aforesaid or for the better management and control
of the said property subject to the payment of the
following legacies to wit 1st It is my will and
bequest that there should be paid to the present wife of my
brother William for the support of herself and
children the sum of two hundred and fifty dollars
to be paid as soon as convenient after my death
2nd It is my will and bequest that there be paid in the
like manner to the widow of my brother Simeon
the sum of one hundred dollars for her support
3rd I give and bequeath to my namesake and nephew
Henry Van Horn Powers the son of Benjamin Powers
the sum of five hundred dollars to be paid when he
arrives at full age
4th I give will and bequeath in the like manner to my
Nephew Henry Van Horn the like sum of five hundred
Dollars to be paid him when he shall arrive at his full
age of twenty one years 3rd And it is further my will
and devise that whatever and all my property both
real and personal which shall remain undisposed of
at the death of my beloved wife as provided for above
in this my will all such property remaining undisposed
of not sold or conveyed by my said wife as aforesaid
whether it consists of the principal interest or the proceeds
thereof that my wife should distribute by will one third
of such property to such persons as she may deem most
worthy and needs of her town family and kind But in
case she should fail or neglect to make such will or
apportionment then it is my will and devise that the
said one third of such residue should be distributed
after her death to her next of kin as in case of intestacy
and the two thirds be in the like manner divided amongst
the children of my brothers and their heirs excepting
therefrom the son of my brother Joseph the said Henry
Van Horn on the account of the bequest herein made
to him And for the purpose of making ample pr-
ovisions for the support and maintainance of
[Corresponds to labeled page 264 of Will Book 3]
264 Last Will and Testament of Henry Van Horn deceased
all other and any former will. That is to say 1st It
is my will and desire that all my just debts and
funeral expenses be first paid 2nd I will and devise and
bequeath unto my beloved wife Van Horn all
the residue of my property both real and personal for
her support and maintenance during her natural
life with full power to manage sell and dispose
of by deed in fee or otherwise any or all such property
real or personal as she may deem best for her support
as aforesaid or for the better management and control
of the said property subject to the payment of the
following legacies to wit 1st It is my will and
bequest that there should be paid to the present wife of my
brother William for the support of herself and
children the sum of two hundred and fifty dollars
to be paid as soon as convenient after my death
2nd It is my will and bequest that there be paid in the
like manner to the widow of my brother Simeon
the sum of one hundred dollars for her support
3rd I give and bequeath to my namesake and nephew
Henry Van Horn Powers the son of Benjamin Powers
the sum of five hundred dollars to be paid when he
arrives at full age
4th I give will and bequeath in the like manner to my
Nephew Henry Van Horn the like sum of five hundred
Dollars to be paid him when he shall arrive at his full
age of twenty one years 3rd And it is further my will
and devise that whatever and all my property both
real and personal which shall remain undisposed of
at the death of my beloved wife as provided for above
in this my will all such property remaining undisposed
of not sold or conveyed by my said wife as aforesaid
whether it consists of the principal interest or the proceeds
thereof that my wife should distribute by will one third
of such property to such persons as she may deem most
worthy and needs of her town family and kind But in
case she should fail or neglect to make such will or
apportionment then it is my will and devise that the
said one third of such residue should be distributed
after her death to her next of kin as in case of intestacy
and the two thirds be in the like manner divided amongst
the children of my brothers and their heirs excepting
therefrom the son of my brother Joseph the said Henry
Van Horn on the account of the bequest herein made
to him And for the purpose of making ample pr-
ovisions for the support and maintainance of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 317)
Description
[Page 317]
[Corresponds to labeled page 265 of Will Book 3]
265
my beloved wife as aforesaid and for the purpose of enabling her to
manage and control the said estate during her natural life time as
aforesaid I hereby grant and give to her full power and authority to sell
and convey in fee or otherwise all or any my said property real or
personal as she may deem best And I hereby lastly constitute and
appoint my friend Benjamin Powers executor of this my last will
and Testament H Van Horne
the above was signed published and declared by said Henry Van Horn
as his last will and testament in our presence and we at his request
and in his presence and in the presence of each other have signed our names
hereto as witnesses this 3rd day of July 1855 Alteration on the second
page from the words and "to gift and bequest in claimed stricken out before
the execution hereof
Abr Blymyer
Mrs Wm. Jones
The State of Ohio Delaware County SS
We Abraham Blymyer & Mrs. Wm. Jones and being duly sworn
in open Court this 15th day of November A.D. 1855 depose and
say that we were present at the execution of the last will and
Testament of Henry Van Horne deceased hereto annexed that
we saw the said testator subscribe said will and heard him
publish and declare the same to be his last will and testament
and that the said testator at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint and that we signed the same as witnesses
at his request and in his presence and in the presence of each
other Abr Blymyer
Mrs. Wm. Jones
Sworn to and subscribed before me this 15th day of November
A.D. 1855 I Ranney Probate Judge
______________________________________________________________________
______________________________________________________________________
Last Will and testament of Oril L. Rinehart decd
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware & State of Ohio at his office in the town
of Delaware November 28 1855
This day the Last Will and Testament of Oril L.
Reinhart deceased late of the town of Sunbury Delaware
County was produced in open Court and duly proven
by the testimony of the subscribing witnesses thereto (as
reduced to writing) and filed with said will and
admitted to probate and ordered to be recorded
as follows
Copy of Will
In the name of the Benevolent Father of All
[Corresponds to labeled page 265 of Will Book 3]
265
my beloved wife as aforesaid and for the purpose of enabling her to
manage and control the said estate during her natural life time as
aforesaid I hereby grant and give to her full power and authority to sell
and convey in fee or otherwise all or any my said property real or
personal as she may deem best And I hereby lastly constitute and
appoint my friend Benjamin Powers executor of this my last will
and Testament H Van Horne
the above was signed published and declared by said Henry Van Horn
as his last will and testament in our presence and we at his request
and in his presence and in the presence of each other have signed our names
hereto as witnesses this 3rd day of July 1855 Alteration on the second
page from the words and "to gift and bequest in claimed stricken out before
the execution hereof
Abr Blymyer
Mrs Wm. Jones
The State of Ohio Delaware County SS
We Abraham Blymyer & Mrs. Wm. Jones and being duly sworn
in open Court this 15th day of November A.D. 1855 depose and
say that we were present at the execution of the last will and
Testament of Henry Van Horne deceased hereto annexed that
we saw the said testator subscribe said will and heard him
publish and declare the same to be his last will and testament
and that the said testator at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint and that we signed the same as witnesses
at his request and in his presence and in the presence of each
other Abr Blymyer
Mrs. Wm. Jones
Sworn to and subscribed before me this 15th day of November
A.D. 1855 I Ranney Probate Judge
______________________________________________________________________
______________________________________________________________________
Last Will and testament of Oril L. Rinehart decd
Proceedings had before I Ranney Probate Judge within
and for the County of Delaware & State of Ohio at his office in the town
of Delaware November 28 1855
This day the Last Will and Testament of Oril L.
Reinhart deceased late of the town of Sunbury Delaware
County was produced in open Court and duly proven
by the testimony of the subscribing witnesses thereto (as
reduced to writing) and filed with said will and
admitted to probate and ordered to be recorded
as follows
Copy of Will
In the name of the Benevolent Father of All
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 318)
Description
[Page 318]
[Corresponds to labeled page 266 of Will Book 3]
266 Last Will and Testament of Oril L. Rinehart decd
I Oril L. Rinehart of Sunbury Berkshire Township
Delaware County Ohio do make and publish this
my last Will and Testament Item 1st I give and
devise to my three oldest children viz Mary Allen
George Allen and Merrick Allen all my personal
property notes of hand & house hold furniture to
have and to hold as theirs forever Item 2nd I do give
and bequeath to be equaly divided between all my
five children all my real estate that may hereafter fall
to me and all money or property in any form
that I might hereafter legaly inherit Item 3rd I do
hereby nominate and appoint Elias Kimbull executor
of this my last will and testament hereby authoriz
ing and empowering him to compromise adjust
release and discharge in such measure as he may
deem proper the debts and claims due me I do
also authorize and empower him if it shall
become necessary in order to pay my debts to sell
by private sale or in such manner upon such
terms of credit or otherwise as he may think proper
all or any part of my real estate and deeds to
purchasers to execute acknowledge and deliver in
fee simple In testimony whereof I have hereunto set
my hand and seal this 1st day of November 1855
Oril L. Rinehart {Seal}
In testimony whereof I have hereunto set my hand
and seal this 1st day of
Signed and acknowledged by said Oril L. Rinehart
as his last will and testament in our presence and
signed by us in his presence
A. S. McMillen
G. A. Hopkins
The State of Ohio Delaware County SS
We Gustavus A Hopkins and being duly sworn in
open Court this 28th day of November A.D. 1855 depose and
say that we were present at the execution of the last will
and testament of Oril L. Rinehart hereto annexed that
we saw the said testator subscribe said will and heard
her publish and declare the same to be her last will and
testament and that the said testator at the time of execu
ting the same was of full age and of sound mind and
memory and not under any restraint and that we signed
the same as Witnesses at her request and in her presence
and in the presence of each other Gustavus A Hopkins
Sworn to and subscribed before A. S. McMillen
me this 28th day of November A.D. 1855 I Ranney Probate Judge
[Corresponds to labeled page 266 of Will Book 3]
266 Last Will and Testament of Oril L. Rinehart decd
I Oril L. Rinehart of Sunbury Berkshire Township
Delaware County Ohio do make and publish this
my last Will and Testament Item 1st I give and
devise to my three oldest children viz Mary Allen
George Allen and Merrick Allen all my personal
property notes of hand & house hold furniture to
have and to hold as theirs forever Item 2nd I do give
and bequeath to be equaly divided between all my
five children all my real estate that may hereafter fall
to me and all money or property in any form
that I might hereafter legaly inherit Item 3rd I do
hereby nominate and appoint Elias Kimbull executor
of this my last will and testament hereby authoriz
ing and empowering him to compromise adjust
release and discharge in such measure as he may
deem proper the debts and claims due me I do
also authorize and empower him if it shall
become necessary in order to pay my debts to sell
by private sale or in such manner upon such
terms of credit or otherwise as he may think proper
all or any part of my real estate and deeds to
purchasers to execute acknowledge and deliver in
fee simple In testimony whereof I have hereunto set
my hand and seal this 1st day of November 1855
Oril L. Rinehart {Seal}
In testimony whereof I have hereunto set my hand
and seal this 1st day of
Signed and acknowledged by said Oril L. Rinehart
as his last will and testament in our presence and
signed by us in his presence
A. S. McMillen
G. A. Hopkins
The State of Ohio Delaware County SS
We Gustavus A Hopkins and being duly sworn in
open Court this 28th day of November A.D. 1855 depose and
say that we were present at the execution of the last will
and testament of Oril L. Rinehart hereto annexed that
we saw the said testator subscribe said will and heard
her publish and declare the same to be her last will and
testament and that the said testator at the time of execu
ting the same was of full age and of sound mind and
memory and not under any restraint and that we signed
the same as Witnesses at her request and in her presence
and in the presence of each other Gustavus A Hopkins
Sworn to and subscribed before A. S. McMillen
me this 28th day of November A.D. 1855 I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 319)
Description
[Page 319]
[Corresponds to labeled page 267 of Will Book 3]
Last Will and Testament of Guy Sackett Deceased 267
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office
in the Town of Delaware on the 10th day of December A.D. 1855
This day the Last Will and Testament of Guy Sacket deceased
late of the Township of Berlin Del Co was produced in open
court and duly proven by the testimony Jas. W Crawford
James Aigin and James Eaton the James A subscribing
witnesses thereto and reduced to writing and filed with said
will and admitted to Probate and ordered to be recorded as
follows Copy of Will
I Guy Sacket of Berlin Township Delaware County State
of Ohio of full & lawful age and of sound & disposing mind
and memory do make this my last will & Testament thereby
revoking & making void all former wills Testaments or
writings in the form of last will or Testament
1st It is my will that all my just debts & funeral expenses
be paid 2nd All the residue of my property personal Real
or mixed Estate I dispose of in the following manner after
deducting all my said Just debts & costs of executor and
administering this my last will & Testament & funeral expenses
aforesaid 1st I give and bequeath to my son Elijah G. Sacket
one equal fifth part of all my said estate personal Real or
mixed To my son Milton H Sacket I give and bequeath
one equal fifth part of all said residue of my estate 3rd
to my son Augustin Sacket 2nd I give and bequeath
one equal fifth part of all said residue of my estate
4th To Sarah Duncan who has resided in my family for
a number of years I give and bequeath one equal fifth part
of all said residue of my estate 5th To my son Robert
D Sacket I give & bequeath the sum of Ten Dollars
6th To Flora B Sacket daughter of said Robert D
Sacket all the remaining part of one equal fifth part
of all my said residue of Estate after deducting said
sum of ten dollars bequeathed to my son Robert D
And I do hereby nominate appoint & constitute my
son Augustus Sacket 2nd and Henry J Euton my sole
Executor to administer on this my last will and Testament
In Witness whereof I the said Guy Sacket hereunto
set my hand & seal this ninth day of July in the year of
our Lord Eighteen hundred & fifty five. Guy Sackett {Seal}
Signed and Sealed & acknowledged to be the last will and
Testament of said Guy Sacket in presence of us who at his request
& in his presence & in the presence of each other hereunto subscribe
our names as witnesses to the same James W Crawford
James Aigin
James Euton
[Corresponds to labeled page 267 of Will Book 3]
Last Will and Testament of Guy Sackett Deceased 267
Proceedings had before I Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office
in the Town of Delaware on the 10th day of December A.D. 1855
This day the Last Will and Testament of Guy Sacket deceased
late of the Township of Berlin Del Co was produced in open
court and duly proven by the testimony Jas. W Crawford
James Aigin and James Eaton the James A subscribing
witnesses thereto and reduced to writing and filed with said
will and admitted to Probate and ordered to be recorded as
follows Copy of Will
I Guy Sacket of Berlin Township Delaware County State
of Ohio of full & lawful age and of sound & disposing mind
and memory do make this my last will & Testament thereby
revoking & making void all former wills Testaments or
writings in the form of last will or Testament
1st It is my will that all my just debts & funeral expenses
be paid 2nd All the residue of my property personal Real
or mixed Estate I dispose of in the following manner after
deducting all my said Just debts & costs of executor and
administering this my last will & Testament & funeral expenses
aforesaid 1st I give and bequeath to my son Elijah G. Sacket
one equal fifth part of all my said estate personal Real or
mixed To my son Milton H Sacket I give and bequeath
one equal fifth part of all said residue of my estate 3rd
to my son Augustin Sacket 2nd I give and bequeath
one equal fifth part of all said residue of my estate
4th To Sarah Duncan who has resided in my family for
a number of years I give and bequeath one equal fifth part
of all said residue of my estate 5th To my son Robert
D Sacket I give & bequeath the sum of Ten Dollars
6th To Flora B Sacket daughter of said Robert D
Sacket all the remaining part of one equal fifth part
of all my said residue of Estate after deducting said
sum of ten dollars bequeathed to my son Robert D
And I do hereby nominate appoint & constitute my
son Augustus Sacket 2nd and Henry J Euton my sole
Executor to administer on this my last will and Testament
In Witness whereof I the said Guy Sacket hereunto
set my hand & seal this ninth day of July in the year of
our Lord Eighteen hundred & fifty five. Guy Sackett {Seal}
Signed and Sealed & acknowledged to be the last will and
Testament of said Guy Sacket in presence of us who at his request
& in his presence & in the presence of each other hereunto subscribe
our names as witnesses to the same James W Crawford
James Aigin
James Euton
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 320)
Description
[Page 320]
[Corresponds to labeled page 268 of Will Book 3]
268 Last Will and Testament of Guy Sacket deceased
The State of Ohio Delaware County SS
We Jas W Crawford James Aigin and James Eaton
being duly sworn in Open Court this 10th day of December
AD 1855 depose and say that we were present at the
execution of the last will and testament of Guy Sacket
hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the
same to be his last will and Testament and that the
said Testator at the time of executing the same was of
full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other Jas W. Crawford
James Aigin
James Eaton
Sworn to and subscribed before me this 10th day of
December AD 1855 I Ranney Probate Judge
Last Will & Testament of Jacob Klee decd
Proceedings had before Hon I. Ran
ney Probate Judge within and for the County of Delaware
& State of Ohio at his office in the town of Delaware
Dec. 12th 1855
This day the last Will and Testament
of Jacob Klee late of Marlborough Tp in sd County
decd was produced in open court and duly proven
by the testimony of Wm Kaufman and C. N. Borgess the
subscribing witnesses thereto, as reduced to writing & filed
with sd will all of which was by the court or
dered to be recorded.
Copy of Will
* the remainder of this page is written in German
[Corresponds to labeled page 268 of Will Book 3]
268 Last Will and Testament of Guy Sacket deceased
The State of Ohio Delaware County SS
We Jas W Crawford James Aigin and James Eaton
being duly sworn in Open Court this 10th day of December
AD 1855 depose and say that we were present at the
execution of the last will and testament of Guy Sacket
hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the
same to be his last will and Testament and that the
said Testator at the time of executing the same was of
full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other Jas W. Crawford
James Aigin
James Eaton
Sworn to and subscribed before me this 10th day of
December AD 1855 I Ranney Probate Judge
Last Will & Testament of Jacob Klee decd
Proceedings had before Hon I. Ran
ney Probate Judge within and for the County of Delaware
& State of Ohio at his office in the town of Delaware
Dec. 12th 1855
This day the last Will and Testament
of Jacob Klee late of Marlborough Tp in sd County
decd was produced in open court and duly proven
by the testimony of Wm Kaufman and C. N. Borgess the
subscribing witnesses thereto, as reduced to writing & filed
with sd will all of which was by the court or
dered to be recorded.
Copy of Will
* the remainder of this page is written in German
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 321)
Description
[Page 321]
[Corresponds to labeled page 269 of Will Book 3
269
* the first half of this page is written in German
The State of Ohio Delaware County
We Casper Borgess and William Kaufman being du
ly sworn in open court the 18th day of Dec. AD 1855
depose and say that we were present at the execution
of the last will and testament of Jacob Klee hereto
annexed: that we saw the said testator subscribe said
will, and heard him publish and declare the same to
be his last will and testament, and that the said tes
tator at the time of executing sd will was of full age
of sound mind and memory and not under any res
traint, and that we signed the same as witnesses at
his request and in his presence and in the presence of each
other which will bear date October 24th 1849 and writ
ten in German C. N. Borgess
William Kaufman
Sworn to & subscribed before me and in my presence
this 18th day of Dec. 1855
I Ranney Pro. Judge
[Corresponds to labeled page 269 of Will Book 3
269
* the first half of this page is written in German
The State of Ohio Delaware County
We Casper Borgess and William Kaufman being du
ly sworn in open court the 18th day of Dec. AD 1855
depose and say that we were present at the execution
of the last will and testament of Jacob Klee hereto
annexed: that we saw the said testator subscribe said
will, and heard him publish and declare the same to
be his last will and testament, and that the said tes
tator at the time of executing sd will was of full age
of sound mind and memory and not under any res
traint, and that we signed the same as witnesses at
his request and in his presence and in the presence of each
other which will bear date October 24th 1849 and writ
ten in German C. N. Borgess
William Kaufman
Sworn to & subscribed before me and in my presence
this 18th day of Dec. 1855
I Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 322)
Description
[Page 322]
[Corresponds to labeled page 270 of Will Book 3]
270 Last Will and Testament of Winslow Bierce deceased
Proceedings had before Hon I Ranney Probate
Judge within and for the County of Delaware at State of Ohio
at his office in the Town of Delaware January 2nd 1856
This day the last will and testament of Winslow Bierce
late of Berkshire Township in said County was produced in open
court and duly proven by the Testimony of Monroe Hodgden
the only surviving subscribing witness thereto and it appearing from the testimony
of said Monroe Hodgden & Henry Hodgden that George W Hodgden
the other subscribing witness thereto is since deceased and that his
signature attached to said will is genuine which testimony
was reduced to writing and by them respectively subscribed and
filed with said will the same is considered fully proven
and ordered to be recorded as follows
Will
I Winslow Bierce of Berkshire Township Delaware County
Ohio do make and publish this my last will and Testament
Item 1st It is my will and testament desire that my Executors as
executors shall first pay my funeral expenses erect a suitable but
plain tombstone over my grave pay all just debts and expenses
Item 2nd I bequeath unto my beloved wife Margaret the use of all
of my real Estate until all of my children are of age this to
include all building and appurtances the house hold furniture
farming and other tools all stock that I may own at my decease
all hay and grain or other crops all provision on hand fire
wood that may be prepared In short all my personal
property except my notes claims and demands against
those who are indebted to me If at any time my said widow
shall marry her claims shall then cease to all of my property
except her right of dower and a guardian shall be appointed
by court if any of my children are minors to take care of
them and their property untill they shall arrive at full age
the condition of this bequest is that my said wife is take and
care in sickness as well as in health of my minor children
until they shall arrive at full age to school clothe and pay
their physicians Bill if any and do all that a parent ought
to do to raise and educate them in a proper manner and
when all of my children are of age my real estate to be by
my executors if alive if not by my sons sold to the very
best advantage possible and the avails to be disposed of as
hereafter directed
Item 3rd I bequeath to my three grand children by my late
daughter Minerva as follows to Mary Brown thirteen and
one third dollar I having given her twenty dollars Minerva
Evans thirty three and one third dollars and to Matilda
Warren wife of Dr Warren thirty three and one third dollars
[Corresponds to labeled page 270 of Will Book 3]
270 Last Will and Testament of Winslow Bierce deceased
Proceedings had before Hon I Ranney Probate
Judge within and for the County of Delaware at State of Ohio
at his office in the Town of Delaware January 2nd 1856
This day the last will and testament of Winslow Bierce
late of Berkshire Township in said County was produced in open
court and duly proven by the Testimony of Monroe Hodgden
the only surviving subscribing witness thereto and it appearing from the testimony
of said Monroe Hodgden & Henry Hodgden that George W Hodgden
the other subscribing witness thereto is since deceased and that his
signature attached to said will is genuine which testimony
was reduced to writing and by them respectively subscribed and
filed with said will the same is considered fully proven
and ordered to be recorded as follows
Will
I Winslow Bierce of Berkshire Township Delaware County
Ohio do make and publish this my last will and Testament
Item 1st It is my will and testament desire that my Executors as
executors shall first pay my funeral expenses erect a suitable but
plain tombstone over my grave pay all just debts and expenses
Item 2nd I bequeath unto my beloved wife Margaret the use of all
of my real Estate until all of my children are of age this to
include all building and appurtances the house hold furniture
farming and other tools all stock that I may own at my decease
all hay and grain or other crops all provision on hand fire
wood that may be prepared In short all my personal
property except my notes claims and demands against
those who are indebted to me If at any time my said widow
shall marry her claims shall then cease to all of my property
except her right of dower and a guardian shall be appointed
by court if any of my children are minors to take care of
them and their property untill they shall arrive at full age
the condition of this bequest is that my said wife is take and
care in sickness as well as in health of my minor children
until they shall arrive at full age to school clothe and pay
their physicians Bill if any and do all that a parent ought
to do to raise and educate them in a proper manner and
when all of my children are of age my real estate to be by
my executors if alive if not by my sons sold to the very
best advantage possible and the avails to be disposed of as
hereafter directed
Item 3rd I bequeath to my three grand children by my late
daughter Minerva as follows to Mary Brown thirteen and
one third dollar I having given her twenty dollars Minerva
Evans thirty three and one third dollars and to Matilda
Warren wife of Dr Warren thirty three and one third dollars
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 323)
Description
[Page 323]
[Corresponds to labeled page 271 of Will Book 3]
Last Will and Testament of Winslow Bierce deceased 271
Item 4th I give and bequeath unto my two grand children by my late
daughter Almeda Foote late wife of George Foote the sum of one hund
red and sixty six and two thirds dollars my executors to put
the same to interest well secured with two good personal securities
until they shall both arrive at full age interest to be paid annualy
and the same reinvested all on the most advantageous terms but in
in case of necessity my executors are to pay for necessaries for
them until they or either of them can earn his support and when
both arrive at full age they then are to be made equal if one has
received more than the other the same to be deducted out of his share
with legal interest
Item 5th I give and bequeath the ballance of my assetts and otherwise
disposed of equaly between my four children daughters viz Elize wife
of Minor W Miller Alma Durphy wife of Dexter Durphy Hannah
wife of David Plumle and Sarah Ann Beirce if either die then
legal representatives to receive their mothers share
Item 6th When my two sons John Prasphen and Benjamin Franklin
shall arrive at the age of twenty one years and the real Estate is
sold and all are making them equal with my last named four
daughters viz Eliza Alma Hannah and Sarah Ann to be divided
equaly among all six of them
Item 7th I give and bequeath to each of my grand children by my
late son Alonzo viz John Marshall and Arthur Winslow a note
of two hundred dollars I hold against their late Father and to
each a new bible
Item 8th If I die in Delaware County it is my request that my
remains shall be buried in the Delaware burying grounds besides
my friends intered there.
Item 9th It is my farther request that my daughter Sarah Ann
portion shall be put at interest and kept in the same manner as
the portion to my grand children by my daughter Almeda the
interest to be used to raise and educate my children her if in the
opinion of my Executors or if they for any cause shall cease to act then
her guardian to take care of the same and appropriate the interest for her
benefit in case of necessity
If any of the children and heirs to which I have bequeathed any portion
of my property shall die and leave no legitimate children or legal repr
esentatives such ones share to be equaly divided among the brothers
and sisters of the full blood of such decendent
Item 9th I do hereby nominate and appoint Henry Hodgden &
Stephen R Bennet Executors of this my last will and testament and
I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and seal this 25 day
of March A.D. 1850 Winslow Bierce {Seal}
Signed and sealed and acknowledged
by said Winslow Bierce as his last will and testament
[Corresponds to labeled page 271 of Will Book 3]
Last Will and Testament of Winslow Bierce deceased 271
Item 4th I give and bequeath unto my two grand children by my late
daughter Almeda Foote late wife of George Foote the sum of one hund
red and sixty six and two thirds dollars my executors to put
the same to interest well secured with two good personal securities
until they shall both arrive at full age interest to be paid annualy
and the same reinvested all on the most advantageous terms but in
in case of necessity my executors are to pay for necessaries for
them until they or either of them can earn his support and when
both arrive at full age they then are to be made equal if one has
received more than the other the same to be deducted out of his share
with legal interest
Item 5th I give and bequeath the ballance of my assetts and otherwise
disposed of equaly between my four children daughters viz Elize wife
of Minor W Miller Alma Durphy wife of Dexter Durphy Hannah
wife of David Plumle and Sarah Ann Beirce if either die then
legal representatives to receive their mothers share
Item 6th When my two sons John Prasphen and Benjamin Franklin
shall arrive at the age of twenty one years and the real Estate is
sold and all are making them equal with my last named four
daughters viz Eliza Alma Hannah and Sarah Ann to be divided
equaly among all six of them
Item 7th I give and bequeath to each of my grand children by my
late son Alonzo viz John Marshall and Arthur Winslow a note
of two hundred dollars I hold against their late Father and to
each a new bible
Item 8th If I die in Delaware County it is my request that my
remains shall be buried in the Delaware burying grounds besides
my friends intered there.
Item 9th It is my farther request that my daughter Sarah Ann
portion shall be put at interest and kept in the same manner as
the portion to my grand children by my daughter Almeda the
interest to be used to raise and educate my children her if in the
opinion of my Executors or if they for any cause shall cease to act then
her guardian to take care of the same and appropriate the interest for her
benefit in case of necessity
If any of the children and heirs to which I have bequeathed any portion
of my property shall die and leave no legitimate children or legal repr
esentatives such ones share to be equaly divided among the brothers
and sisters of the full blood of such decendent
Item 9th I do hereby nominate and appoint Henry Hodgden &
Stephen R Bennet Executors of this my last will and testament and
I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and seal this 25 day
of March A.D. 1850 Winslow Bierce {Seal}
Signed and sealed and acknowledged
by said Winslow Bierce as his last will and testament
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 324)
Description
[Page 324]
[Corresponds to labeled page 272 of Will Book 3]
272 Last Will and Testament of Winslow Beirce deceased
in our presence and signed by us in his presence
Geo W Hodgden
Monroe Hodgden
State of Ohio Delaware Co SS
Henry Hodgden Esq being duly sworn says that Geo W Hodgden
whose Signature appears to the within will was son of affiant
the affiant was well acquainted with his hand writing that he
saw his said son subscribe sd will that said signature is there
fore genuine & that said Geo W is since deceased Henry Hodgden
Sworn to and subscribed before me Jany 2/56
I Ranney Pro Judge
The State of Ohio Delaware Co SS
I Monroe Hodgden being duly sworn in open court this 2nd
day of January A.D 1856 depose and say that we were present
at the execution of the last will and testament of Winslow
Bierce hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the same to
be his last Will and Testament and that the said testator
at the time of executing the same was of full age and
of sound mind and memory and not under any restraint
and that we signed the same as witness at his request and
in his presence and in the presence of each other and that
Geo W Hodgden the other subscribing witness above referred to is
now deceased Monroe Hodgden
Sworn to and subscribed before me this 2nd day of January
AD 1856 I Ranney
Probate Judge
[Corresponds to labeled page 272 of Will Book 3]
272 Last Will and Testament of Winslow Beirce deceased
in our presence and signed by us in his presence
Geo W Hodgden
Monroe Hodgden
State of Ohio Delaware Co SS
Henry Hodgden Esq being duly sworn says that Geo W Hodgden
whose Signature appears to the within will was son of affiant
the affiant was well acquainted with his hand writing that he
saw his said son subscribe sd will that said signature is there
fore genuine & that said Geo W is since deceased Henry Hodgden
Sworn to and subscribed before me Jany 2/56
I Ranney Pro Judge
The State of Ohio Delaware Co SS
I Monroe Hodgden being duly sworn in open court this 2nd
day of January A.D 1856 depose and say that we were present
at the execution of the last will and testament of Winslow
Bierce hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the same to
be his last Will and Testament and that the said testator
at the time of executing the same was of full age and
of sound mind and memory and not under any restraint
and that we signed the same as witness at his request and
in his presence and in the presence of each other and that
Geo W Hodgden the other subscribing witness above referred to is
now deceased Monroe Hodgden
Sworn to and subscribed before me this 2nd day of January
AD 1856 I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 325)
Description
[Page 325]
[Corresponds to labeled page 273 of Will Book 3]
Last Will and Testamont of Benjamin Carpenter Dec'd 273
Proceedings had before Hon I Ranney Probate Judge within
and for said County at his office in the Town of Delaware
on the 6th day of February in the year of our Lord 1856
This day the last Will and Testament of Benjamin
Carpenter late of Berkshire Township in said County
deceased was produced in open Court and Stephen
Cook and Hurlburt Scovell the subscribing witnesses
thereto appeared and in open court on oath testified to the
due execution of said Will which Testimony was reduced to writing
and by them respectively subscribed and filed with said Will and
it appearing to the Court that said Testator was at the time of executing
the same of full age of sound mind and memory and was under
no restraint it is ordered that said will and testimony be recorded
Copy of Will
In the name of Almighty God Amen
I Benjamin Carpenter of the County of Delaware and State
of Ohio Being of sound mind and memory Thanks be to the name
of God for his blessings to me Knowing the shortness of life and the
certainty of death do make and publish this my last will and
testament in manner following that is to say -
First it is my will that my funeral expenses and all just
debts be fully paid and suitable Tomb Stones erected to
my memory etc
Second I give to my children Elisha Carpenter David C
Carpenter Orr Carpenter Doctor McCloud and Mary Jane Mc
Cloud his wife Westley Carpenter Loffsana Leonard daughter
of Nathan Dustin and Ann his wife Charles Brever's daughter
Sarah Brever his wife each fifty dollars all the rest of
them two hundred dollars each Provided always if it is not
expended in my support and if it is or any part thereof
then in that case to be in proportion to what may remain at
my death and what of my children may owe me by note
and book account at my decease is to be deducted from
their portion that may remain due them by this my last Will
Third It is my will the ballance of what may be left at my death
I give to my son Homer Carpenter for his kind attention and
affection to me in life
Fourth And further it is my will that Orr Carpenter
my son should be paid something for assisting in buil
ding a House that is standing on the farm formerly oc
cupied by me
And lastly I hereby constitute and appoint my son
Homer Carpenter to be my executor for this my last will
and testament revoking all former Wills by me made
and ratifying and confirming this and no other to be my last will and
Testament
[Corresponds to labeled page 273 of Will Book 3]
Last Will and Testamont of Benjamin Carpenter Dec'd 273
Proceedings had before Hon I Ranney Probate Judge within
and for said County at his office in the Town of Delaware
on the 6th day of February in the year of our Lord 1856
This day the last Will and Testament of Benjamin
Carpenter late of Berkshire Township in said County
deceased was produced in open Court and Stephen
Cook and Hurlburt Scovell the subscribing witnesses
thereto appeared and in open court on oath testified to the
due execution of said Will which Testimony was reduced to writing
and by them respectively subscribed and filed with said Will and
it appearing to the Court that said Testator was at the time of executing
the same of full age of sound mind and memory and was under
no restraint it is ordered that said will and testimony be recorded
Copy of Will
In the name of Almighty God Amen
I Benjamin Carpenter of the County of Delaware and State
of Ohio Being of sound mind and memory Thanks be to the name
of God for his blessings to me Knowing the shortness of life and the
certainty of death do make and publish this my last will and
testament in manner following that is to say -
First it is my will that my funeral expenses and all just
debts be fully paid and suitable Tomb Stones erected to
my memory etc
Second I give to my children Elisha Carpenter David C
Carpenter Orr Carpenter Doctor McCloud and Mary Jane Mc
Cloud his wife Westley Carpenter Loffsana Leonard daughter
of Nathan Dustin and Ann his wife Charles Brever's daughter
Sarah Brever his wife each fifty dollars all the rest of
them two hundred dollars each Provided always if it is not
expended in my support and if it is or any part thereof
then in that case to be in proportion to what may remain at
my death and what of my children may owe me by note
and book account at my decease is to be deducted from
their portion that may remain due them by this my last Will
Third It is my will the ballance of what may be left at my death
I give to my son Homer Carpenter for his kind attention and
affection to me in life
Fourth And further it is my will that Orr Carpenter
my son should be paid something for assisting in buil
ding a House that is standing on the farm formerly oc
cupied by me
And lastly I hereby constitute and appoint my son
Homer Carpenter to be my executor for this my last will
and testament revoking all former Wills by me made
and ratifying and confirming this and no other to be my last will and
Testament
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 326)
Description
[Page 326]
[Corresponds to labeled page 274 of Will Book 3]
274 Last Will and Testament of Benjammin Carpenter deceased
In testimony whereof I have hereunto set my hand and seal
this 9th day of June A D 1855
his
Benjamin X Carpenter
mark
Signed published and declared by the above named Banja
min Carpenter as his last will and testament in presence of
us who at his request have signed as witnesses to the same
Stephen Cook
H Scovell
The State of Ohio Delaware County SS
We Stephen Cook & Hurlburt Scovell being duly sworn
in open Court this 6th day of February A.D. 1856 depose
and say that we were present at the execution of the last
will and testament of Benj' Carpenter hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time of
executing the same was of full age and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at his request and in his pres
ence and in the presence of each other
H Scovell
Stephen Cook
Sworn to and subscribed before me this 6th day of Feb'y
AD 1856
I Ranney Pro Judge
[Corresponds to labeled page 274 of Will Book 3]
274 Last Will and Testament of Benjammin Carpenter deceased
In testimony whereof I have hereunto set my hand and seal
this 9th day of June A D 1855
his
Benjamin X Carpenter
mark
Signed published and declared by the above named Banja
min Carpenter as his last will and testament in presence of
us who at his request have signed as witnesses to the same
Stephen Cook
H Scovell
The State of Ohio Delaware County SS
We Stephen Cook & Hurlburt Scovell being duly sworn
in open Court this 6th day of February A.D. 1856 depose
and say that we were present at the execution of the last
will and testament of Benj' Carpenter hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time of
executing the same was of full age and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at his request and in his pres
ence and in the presence of each other
H Scovell
Stephen Cook
Sworn to and subscribed before me this 6th day of Feb'y
AD 1856
I Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 327)
Description
[Page 327]
[Corresponds to labeled page 275 of Will Book 3]
Last Will and Testament of John G. Pierce deceased. 275
Proceedings had before the Hon I. Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in the
town Delaware Feby 28th in the year of Our Lord 1856.
The last will and testament of John G. Pierce late of Radnor Township in
said County deceased was this day produced in open Court by John G. Hurt
one of the Executors in said will named and James W. Crawford
and Adam Crooks the subscribing witnesses to said will appeared
and in Open Court on oath testified to the due execution of said will
which Testimony was reduced to writing and by them respectively
subscribed and filed with said will and it appearing to the Court
by said testimony that said will was duly attested and executed
will that the said testator at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint it is ordered by the Court that said will and testimony
be recorded
Copy of Will
In the Name of the Benevolent Father Amen.
I John G. Pierce of Delaware County Ohio of lawful age being in
a very feeble State of health but of sound and disposing mind and
memory and considering the uncertainty of this mortal life, the
certainty of death but the uncertainty of the time thereof do make
and publish this my last will and testament to wit
Item first. I will and desire that after my decease my mortal
body may be decently buryed and committed to the dust from
which it was taken and that my immortal Soul ascend to God
who gave it.
Item Second. I will and desire that all my Just debts be fully
paid or my Executor hereinafter appointed
Item Third. I will and bequeath to my beloved wife Clestia Pierce
all my personal property that is on my farm where I reside at the
time of my decease as well as all debts due and owing to me and also
the use and rents and profits of the farm wherein I now reside sit=
uate in Radnor Township Delaware County Ohio during her nat=
ural life to be managed and disposed of as she shall think best
for her comfort and for the benefit of Our rising family.
Item fourth. I will and bequeath to my children to wit Newton
I. Pierce, John A. Pierce, Mary Claire Pierce, Lucy A Pierce
Allieda F. Pierce Luther L. Pierce all my real and personal prop
erty that may remain on the place after the decease of my said
wife Celesta Pierce share and share alike.
Item fifth. I do hereby constitute and appoint my said wife
Celesta Pierce and my friend John B. Hunt of Orange Town
ship Delaware County Ohio my Executor & Executrix of this my
will and testament to carry into effect the provisions of
this my last will and testament hereby revoking all other
[Corresponds to labeled page 275 of Will Book 3]
Last Will and Testament of John G. Pierce deceased. 275
Proceedings had before the Hon I. Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in the
town Delaware Feby 28th in the year of Our Lord 1856.
The last will and testament of John G. Pierce late of Radnor Township in
said County deceased was this day produced in open Court by John G. Hurt
one of the Executors in said will named and James W. Crawford
and Adam Crooks the subscribing witnesses to said will appeared
and in Open Court on oath testified to the due execution of said will
which Testimony was reduced to writing and by them respectively
subscribed and filed with said will and it appearing to the Court
by said testimony that said will was duly attested and executed
will that the said testator at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint it is ordered by the Court that said will and testimony
be recorded
Copy of Will
In the Name of the Benevolent Father Amen.
I John G. Pierce of Delaware County Ohio of lawful age being in
a very feeble State of health but of sound and disposing mind and
memory and considering the uncertainty of this mortal life, the
certainty of death but the uncertainty of the time thereof do make
and publish this my last will and testament to wit
Item first. I will and desire that after my decease my mortal
body may be decently buryed and committed to the dust from
which it was taken and that my immortal Soul ascend to God
who gave it.
Item Second. I will and desire that all my Just debts be fully
paid or my Executor hereinafter appointed
Item Third. I will and bequeath to my beloved wife Clestia Pierce
all my personal property that is on my farm where I reside at the
time of my decease as well as all debts due and owing to me and also
the use and rents and profits of the farm wherein I now reside sit=
uate in Radnor Township Delaware County Ohio during her nat=
ural life to be managed and disposed of as she shall think best
for her comfort and for the benefit of Our rising family.
Item fourth. I will and bequeath to my children to wit Newton
I. Pierce, John A. Pierce, Mary Claire Pierce, Lucy A Pierce
Allieda F. Pierce Luther L. Pierce all my real and personal prop
erty that may remain on the place after the decease of my said
wife Celesta Pierce share and share alike.
Item fifth. I do hereby constitute and appoint my said wife
Celesta Pierce and my friend John B. Hunt of Orange Town
ship Delaware County Ohio my Executor & Executrix of this my
will and testament to carry into effect the provisions of
this my last will and testament hereby revoking all other
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 328)
Description
[Page 328]
[Corresponds to labeled page 276 of Will Book 3]
276 Last Will and testament of John G. Pierce deceased
wills by me made and declare and publish above to be my last
will and testament and desire that shall be faithfully executed
and carried into effect by my Said Executors
In testimony whereof I hereunto set my hand and seal this 8th
day of February In the year of Our Lord one thousand eight
hundred and fifty Six (1856)
Signed Sealed declared and (Signed
published by the said John John G. Pierce {Seal}
G Pierce to be his last will
and testament and signed
by us in his presence and
at his request and in the
presence of each other
Signed
Adam Crooks
Jas' W Crawford
The State of Ohio Delaware County SS
We James W. Crawford and Adam Crooks being duly affir
med and sworn in Open Court this 28th day of Feby' AD 1856
depose and say that we were present at the execution of the last
will and testament of John G. Pierce hereto annexed that we saw
the said testator subscribe said will and heard him publish and
declare the same to be his last will and testament and that the
said testator at the time of executing the same was of full age
and of sound mind and memory and not under any re
straint and that we signed the same as witnesses at his re
quest and in his presence and in the presence of each other
Signed
J W Crawford
Adam Crooks
Sworn to and subscribed before me this 28th day of February
AD 1856
(Signed)
I. Ranney
Pro Judge.
[Corresponds to labeled page 276 of Will Book 3]
276 Last Will and testament of John G. Pierce deceased
wills by me made and declare and publish above to be my last
will and testament and desire that shall be faithfully executed
and carried into effect by my Said Executors
In testimony whereof I hereunto set my hand and seal this 8th
day of February In the year of Our Lord one thousand eight
hundred and fifty Six (1856)
Signed Sealed declared and (Signed
published by the said John John G. Pierce {Seal}
G Pierce to be his last will
and testament and signed
by us in his presence and
at his request and in the
presence of each other
Signed
Adam Crooks
Jas' W Crawford
The State of Ohio Delaware County SS
We James W. Crawford and Adam Crooks being duly affir
med and sworn in Open Court this 28th day of Feby' AD 1856
depose and say that we were present at the execution of the last
will and testament of John G. Pierce hereto annexed that we saw
the said testator subscribe said will and heard him publish and
declare the same to be his last will and testament and that the
said testator at the time of executing the same was of full age
and of sound mind and memory and not under any re
straint and that we signed the same as witnesses at his re
quest and in his presence and in the presence of each other
Signed
J W Crawford
Adam Crooks
Sworn to and subscribed before me this 28th day of February
AD 1856
(Signed)
I. Ranney
Pro Judge.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 329)
Description
[Page 329]
[Corresponds to labeled page 277 of Will Book 3]
Last Will and Testament of Margaret Morriss deceased 277
Proceedings had before the Hon I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office
in the town of Delaware March 7th A.D. 1856.
The last will and testament of Margaret Morriss late of Radnor
Township in said County deceased was this day produced in
open Court by William Perry Executor named in said will and
J. J. Norton and Wm. Boggs the subscribing witnesses to said will
appeared and in open Court on oath testified to the due execution
of said will which testimony was reduced to writing and by them
respectively subscribed and filed with said will and it app
earing the same was of full age and of sound mind and
memory and not under any restraint it is ordered by the
Court that said will and testimony be recorded.
Copy of Will
I Margaret Morriss of the County of Delaware in the State
of Ohio being of sound mind do make and publish this my
last will and testament.
Item = I will that all my personal estate devoted to the
payment of my debts if necessary and when that is exhausted
if my debts remain unpaid they shall be liquadated out
of the proceeds of my real estate.
Item = I will that all my real estate shall be sold as soon as
convenient and the proceeds be divided between my Moth
er Sarah Perry = my four brothers Wm Perry, Henry Perry,
Jacob Perry, Robert Perry and my Sister Nancy Wolfley
so that the said Nancy shall receive two hundred dollars
more than one sixth of said proceeds and the remainder
to be divided equally between the other five above mentioned
legatees.
Item - If anything remains of the proceeds of my person
al estate after my debts are paid it shall be divided in
the same manner as the proceeds of my real estate.
Item = I enjoin upon my Mother above named to make
a provision in her will transmitting all she may claim
under this will to Lewis Wolfley the son of my Sister above
named.
Item - I appoint my Brother William Perry above named
Executor of this my last will and testament and enjoin
upon him to erect or cause to be erected a monument on
the grave of my deceased husband.
In testimony whereof I have hereunto affixed my
[Corresponds to labeled page 277 of Will Book 3]
Last Will and Testament of Margaret Morriss deceased 277
Proceedings had before the Hon I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office
in the town of Delaware March 7th A.D. 1856.
The last will and testament of Margaret Morriss late of Radnor
Township in said County deceased was this day produced in
open Court by William Perry Executor named in said will and
J. J. Norton and Wm. Boggs the subscribing witnesses to said will
appeared and in open Court on oath testified to the due execution
of said will which testimony was reduced to writing and by them
respectively subscribed and filed with said will and it app
earing the same was of full age and of sound mind and
memory and not under any restraint it is ordered by the
Court that said will and testimony be recorded.
Copy of Will
I Margaret Morriss of the County of Delaware in the State
of Ohio being of sound mind do make and publish this my
last will and testament.
Item = I will that all my personal estate devoted to the
payment of my debts if necessary and when that is exhausted
if my debts remain unpaid they shall be liquadated out
of the proceeds of my real estate.
Item = I will that all my real estate shall be sold as soon as
convenient and the proceeds be divided between my Moth
er Sarah Perry = my four brothers Wm Perry, Henry Perry,
Jacob Perry, Robert Perry and my Sister Nancy Wolfley
so that the said Nancy shall receive two hundred dollars
more than one sixth of said proceeds and the remainder
to be divided equally between the other five above mentioned
legatees.
Item - If anything remains of the proceeds of my person
al estate after my debts are paid it shall be divided in
the same manner as the proceeds of my real estate.
Item = I enjoin upon my Mother above named to make
a provision in her will transmitting all she may claim
under this will to Lewis Wolfley the son of my Sister above
named.
Item - I appoint my Brother William Perry above named
Executor of this my last will and testament and enjoin
upon him to erect or cause to be erected a monument on
the grave of my deceased husband.
In testimony whereof I have hereunto affixed my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 330)
Description
[Page 330]
[Corresponds to labeled page 278 of Will Book 3]
278 Last Will and Testament of Margaret Morris deceased
hand and seal this thirty first day of January AD 1856
In presence of Margaret Morriss {Seal}
J. J. Norton
Wm Bogs
The State of Ohio Delaware County SS
We J. J. Norton and William Boggs being duly sworn
in open Court this 7th day of March AD 1856 depose and
say that we were present at the execution of the last will and
testament of Margaret Morriss hereto annexed that we
saw the said testator subscribe said will and heard her
publish and declare the same to be her last will and
testament and that the said testatrix at the time of executing
the same was of full age and sound mind and memory
and not under any restraint and that we signed
the same as witnesses at her request and in her presence
and in the presence of each other
J. J. Norton
Wm Boggs
Sworn to and Subscribed before me this 7th day of
March AD 1856
I. Ranney Pro Judge
[Corresponds to labeled page 278 of Will Book 3]
278 Last Will and Testament of Margaret Morris deceased
hand and seal this thirty first day of January AD 1856
In presence of Margaret Morriss {Seal}
J. J. Norton
Wm Bogs
The State of Ohio Delaware County SS
We J. J. Norton and William Boggs being duly sworn
in open Court this 7th day of March AD 1856 depose and
say that we were present at the execution of the last will and
testament of Margaret Morriss hereto annexed that we
saw the said testator subscribe said will and heard her
publish and declare the same to be her last will and
testament and that the said testatrix at the time of executing
the same was of full age and sound mind and memory
and not under any restraint and that we signed
the same as witnesses at her request and in her presence
and in the presence of each other
J. J. Norton
Wm Boggs
Sworn to and Subscribed before me this 7th day of
March AD 1856
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 331)
Description
[Page 331]
[Corresponds to labeled page 279 of Will Book 3]
Last Will and testament of Rufus Laun deceased 279
Proceedings had before Hon I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office
in the town of Delaware April 3rd AD 1856.
The last will and testament of Rufus Laun late of Oxford
Township in said County deceased was this day produced in
open Court by the Executrix named in said will and N.
Powers and Adam Sherman two of the subscribing witnesses
to said will appeared & in open Court on oath testified to
the due execution of said will which testamony was reduced
to writing and by them respectively subscribed and filed
with said will and it appearing to the court by said testi-
mony that said will was duly attested and executed
and that said testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint it is Ordered by the Court
that said will and testimony be recorded.
Copy of Will
In the name of the beloved Father of all I Rufus Laun
of Oxford Township and Delaware County Ohio do make
and publish this my last will and testamony I give and
devise to my beloved wife in lieu of her dower the House
and Lot on which we now reside situated in Ashly
and containing about one fourth (1/4) of an acer du-
ring her natural life and all the Household Goods fur-
niture provishions and other Goods and chattles which be
thereon at the time of my decease during her life as af-
oresaid she however selling so much thereof as may be
sufficient to pay my just debts and if my said wife
should marry then the property shal go to my Daugh-
ter Charlotte.
I do hereby nominate and appoint my
dear and beloved wife executor of this my last will
and testament hereby authorizing and empowering
her to compromise adjust release and discharge in
such manner she may deem proper the debts and
claims due me I do also authorize and impower
her if it shall become necessary in order to pay my
debts to sell by private sale or in such manner upon
such terms of credit or otherwise as she may think pro-
per all or any part of my real estate and deeds
to purchasers to execute acknowledge and deliver in
fee simple.
I do hereby revoke all former wills by me made -
[Corresponds to labeled page 279 of Will Book 3]
Last Will and testament of Rufus Laun deceased 279
Proceedings had before Hon I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office
in the town of Delaware April 3rd AD 1856.
The last will and testament of Rufus Laun late of Oxford
Township in said County deceased was this day produced in
open Court by the Executrix named in said will and N.
Powers and Adam Sherman two of the subscribing witnesses
to said will appeared & in open Court on oath testified to
the due execution of said will which testamony was reduced
to writing and by them respectively subscribed and filed
with said will and it appearing to the court by said testi-
mony that said will was duly attested and executed
and that said testator at the time of executing the same
was of full age and of sound mind and memory
and not under any restraint it is Ordered by the Court
that said will and testimony be recorded.
Copy of Will
In the name of the beloved Father of all I Rufus Laun
of Oxford Township and Delaware County Ohio do make
and publish this my last will and testamony I give and
devise to my beloved wife in lieu of her dower the House
and Lot on which we now reside situated in Ashly
and containing about one fourth (1/4) of an acer du-
ring her natural life and all the Household Goods fur-
niture provishions and other Goods and chattles which be
thereon at the time of my decease during her life as af-
oresaid she however selling so much thereof as may be
sufficient to pay my just debts and if my said wife
should marry then the property shal go to my Daugh-
ter Charlotte.
I do hereby nominate and appoint my
dear and beloved wife executor of this my last will
and testament hereby authorizing and empowering
her to compromise adjust release and discharge in
such manner she may deem proper the debts and
claims due me I do also authorize and impower
her if it shall become necessary in order to pay my
debts to sell by private sale or in such manner upon
such terms of credit or otherwise as she may think pro-
per all or any part of my real estate and deeds
to purchasers to execute acknowledge and deliver in
fee simple.
I do hereby revoke all former wills by me made -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 332)
Description
[Page 332]
[Corresponds to labeled page 280 of Will Book 3]
280 Last Will and Testament of Rufus Laun dec'd
In testimony whereof I have hereunto set my
hand and seal this the twelfth day of March in the
year 1856
Rufus Laun {Seal}
Signed and acknowledged by said Rufus Laun
as his last will and testament in our presence
and signed by us in his presence
Ira Gilbert
his
Adam X Sherman
mark
N. Powers
The State of Ohio Delaware County S.S.
We Nathan Powers and Adam Sherman being
duly sworn in open Court this 3rd day of April
AD 1856 depose and say that we were present at
the execution of the last will and testament of Rufus
Laun dec'd hereto annexed that we heard the said
testator request Nathan Powers to subscribe said will
which said Powers did in Our presence and in presence
of testator and heard him publish and declare the same
to be his last will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other and that the other subscribing witness Ira
Gilbert is now absent from the State having gone West
with a drove of horses.
N. Powers
his
Adam X Sherman
mark
Sworn to and subscribed before me this 3rd day of
April AD 1856
I. Ranney
Pro Judge -
[Corresponds to labeled page 280 of Will Book 3]
280 Last Will and Testament of Rufus Laun dec'd
In testimony whereof I have hereunto set my
hand and seal this the twelfth day of March in the
year 1856
Rufus Laun {Seal}
Signed and acknowledged by said Rufus Laun
as his last will and testament in our presence
and signed by us in his presence
Ira Gilbert
his
Adam X Sherman
mark
N. Powers
The State of Ohio Delaware County S.S.
We Nathan Powers and Adam Sherman being
duly sworn in open Court this 3rd day of April
AD 1856 depose and say that we were present at
the execution of the last will and testament of Rufus
Laun dec'd hereto annexed that we heard the said
testator request Nathan Powers to subscribe said will
which said Powers did in Our presence and in presence
of testator and heard him publish and declare the same
to be his last will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses
at his request and in his presence and in the presence
of each other and that the other subscribing witness Ira
Gilbert is now absent from the State having gone West
with a drove of horses.
N. Powers
his
Adam X Sherman
mark
Sworn to and subscribed before me this 3rd day of
April AD 1856
I. Ranney
Pro Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 333)
Description
[Page 333]
[Corresponds to labeled page 281 of Will Book 3]
Last Will and Testament of William H. Todd deceased 281
Proceedings had before Hon I. Ranney Probate Judge within and for the
County of Delaware and State of Ohio at his office in the town of
Delaware April 10th A.D. 1856.
Be it remembered that on the 10th day of April A.D. 1856 an authen-
cated copy of the last Will and Testament of William H. Todd
late of the city of Philadelphia and State of Pennsylvania was pro-
duced in open Court by Picton D. Hillyer Esq and it appearing to
the satisfaction of the Court that said Will had been proved in
said State of Pennsylvania according to the laws of said State
and that said Will has relation to property within the said
County of Delaware, It is ordered by the Court that the said
authenticated copy thereof be recorded in the record of Wills for
said County of Delaware.
Copy of Will
Be it remembered that I William H. Todd of the City of Philadelphia
Attorney and Counsellor at Law do make this my last Will and
Testament.
My Will is and I do hereby order that all my just debts and
funeral expenses be fully paid and satisfied
I do hereby give and bequeath to my widow Mary all my house-
hold and kitchen furniture and all my (silver) plate and plated
ware except as is hereinafter bequeathed to others Also my horse
and riding chair and harness and the cart at Peach Blossom farm
Item - I do hereby give and bequeath to my daughter Janette
the wife of John R. Helmuth my Silver Tea pot and Sugar dish
or bason which were last purchased by me and I do also give
and bequeath to her the Mahogany Bookcase with looking glass
doors and the desk and drawers on which it stands as they now
remain in the South East room of the ground floor of the mansion
house at Peach Blossom farm
Item - I do hereby give and bequeath to my daughter Helen
C. Tod whatever silver plate and plated ware which may
remain my property at my death which I became the owner of
by virtue of the last Will of my much respected Unkle William
Tod of Waterford Township Gloucester County and State of New
Jersey together with any gold or diamond rings or trinkets
derived under the same Will and I do also give to her the sum
of five hundred dollars to be paid to her by my Executors as
soon as may be after my debts are paid and discharged -
Item - I do hereby give and bequeath to my daughter Mary
the wife of Edmund Wilcox the portrait of her Mother painted
by Sully -
Item - I do hereby give and bequeath my son Oliver Tod
the portraits of (my) late respected Unkle William Tod and of his
[Corresponds to labeled page 281 of Will Book 3]
Last Will and Testament of William H. Todd deceased 281
Proceedings had before Hon I. Ranney Probate Judge within and for the
County of Delaware and State of Ohio at his office in the town of
Delaware April 10th A.D. 1856.
Be it remembered that on the 10th day of April A.D. 1856 an authen-
cated copy of the last Will and Testament of William H. Todd
late of the city of Philadelphia and State of Pennsylvania was pro-
duced in open Court by Picton D. Hillyer Esq and it appearing to
the satisfaction of the Court that said Will had been proved in
said State of Pennsylvania according to the laws of said State
and that said Will has relation to property within the said
County of Delaware, It is ordered by the Court that the said
authenticated copy thereof be recorded in the record of Wills for
said County of Delaware.
Copy of Will
Be it remembered that I William H. Todd of the City of Philadelphia
Attorney and Counsellor at Law do make this my last Will and
Testament.
My Will is and I do hereby order that all my just debts and
funeral expenses be fully paid and satisfied
I do hereby give and bequeath to my widow Mary all my house-
hold and kitchen furniture and all my (silver) plate and plated
ware except as is hereinafter bequeathed to others Also my horse
and riding chair and harness and the cart at Peach Blossom farm
Item - I do hereby give and bequeath to my daughter Janette
the wife of John R. Helmuth my Silver Tea pot and Sugar dish
or bason which were last purchased by me and I do also give
and bequeath to her the Mahogany Bookcase with looking glass
doors and the desk and drawers on which it stands as they now
remain in the South East room of the ground floor of the mansion
house at Peach Blossom farm
Item - I do hereby give and bequeath to my daughter Helen
C. Tod whatever silver plate and plated ware which may
remain my property at my death which I became the owner of
by virtue of the last Will of my much respected Unkle William
Tod of Waterford Township Gloucester County and State of New
Jersey together with any gold or diamond rings or trinkets
derived under the same Will and I do also give to her the sum
of five hundred dollars to be paid to her by my Executors as
soon as may be after my debts are paid and discharged -
Item - I do hereby give and bequeath to my daughter Mary
the wife of Edmund Wilcox the portrait of her Mother painted
by Sully -
Item - I do hereby give and bequeath my son Oliver Tod
the portraits of (my) late respected Unkle William Tod and of his
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 334)
Description
[Page 334]
[Corresponds to labeled page 282 of Will Book 3]
282 Last Will and Testament of William H. Tod dec'd
wife Rachel painted by Sully and also our half of my Library
or Libraries of Books (my Law Books excepted)
Item - I do hereby give and bequeath to my son Edward
Sharp Tod the other half of my Library or Libraries (my Law
Books excepted) in which bequest to my son Edward I desire that
my copy of Rees Cyclopedia may be included and that the same
may be bound in sheep in a plain but substantial manner
at the expense of my Estate and as my son Oliver may be absent
by reason of his profession my Will is that the first choice or selec-
tion of my Books shall be made by Edward. That my Executors
shall have the books inventoried and separately appraised so that
the value of each may be ascertained and that according to such
appraisement shall the proportion of each of my said sons be fixed
I also give to my said son Edward my case and mathematical
instruments contained in it. I mean the Green (I believe) Shagreen
case and also confirm to him the gift I made him some years
ago of my Solar Microscope and the Mahogany desk and wardrobe
give him about the same time -
Item - My Will is that my Executors do sell at public or private
sale as they may think best my Law Library and Professional Books
of every description and that from the net proceeds thereof they may
pay to my son Baynard as much money as the value of the books
bequeathed (to either of my) other sons Oliver and Edward may ac-
cording to the appraisement thereof amount to, meaning to give him
in money an amount equal to the value of the bequest of my said Books
given to either of my said Sons - and I do also give to him the Mahog-
any desk and drawers remaining in the Mansion House at Peach Blossom
farm in the South west chamber upon the second floor -
N.B. I perceive I have called the boy merely Baynard, his name
is Samuel Baynard Tod -
Item - I do give and bequeath to my son Alexander Tod
the portrait of my father taken by Peale many years ago, as my Son
was named after his Grandfather - I hope he will take especial
care in the preservation of this portrait and often remember that
for integrity and honor he had few equals and no superiors and
I sincerely hope it may help to protect his own integrity and honor
from strain thru life - I do also give and bequeath to my said Son
Alexander my Gold watch and Seal which were presented to me by my
honored father on my arrival at the age of twenty one years together
with any gold or silver trinkets (belonging to me) which bear the
initials of his name A. T. or his name at length placed on them
by himself in his lifetime.
Item - My Will is and I do hereby give devise and bequeath to my
wife Mary all the Rest and Residue of my Estate Real personal or
mixed to have and to hold the same to her and her heirs, Exec-
utors Administrators and assigns for ever - This devise to be in lieu
[Corresponds to labeled page 282 of Will Book 3]
282 Last Will and Testament of William H. Tod dec'd
wife Rachel painted by Sully and also our half of my Library
or Libraries of Books (my Law Books excepted)
Item - I do hereby give and bequeath to my son Edward
Sharp Tod the other half of my Library or Libraries (my Law
Books excepted) in which bequest to my son Edward I desire that
my copy of Rees Cyclopedia may be included and that the same
may be bound in sheep in a plain but substantial manner
at the expense of my Estate and as my son Oliver may be absent
by reason of his profession my Will is that the first choice or selec-
tion of my Books shall be made by Edward. That my Executors
shall have the books inventoried and separately appraised so that
the value of each may be ascertained and that according to such
appraisement shall the proportion of each of my said sons be fixed
I also give to my said son Edward my case and mathematical
instruments contained in it. I mean the Green (I believe) Shagreen
case and also confirm to him the gift I made him some years
ago of my Solar Microscope and the Mahogany desk and wardrobe
give him about the same time -
Item - My Will is that my Executors do sell at public or private
sale as they may think best my Law Library and Professional Books
of every description and that from the net proceeds thereof they may
pay to my son Baynard as much money as the value of the books
bequeathed (to either of my) other sons Oliver and Edward may ac-
cording to the appraisement thereof amount to, meaning to give him
in money an amount equal to the value of the bequest of my said Books
given to either of my said Sons - and I do also give to him the Mahog-
any desk and drawers remaining in the Mansion House at Peach Blossom
farm in the South west chamber upon the second floor -
N.B. I perceive I have called the boy merely Baynard, his name
is Samuel Baynard Tod -
Item - I do give and bequeath to my son Alexander Tod
the portrait of my father taken by Peale many years ago, as my Son
was named after his Grandfather - I hope he will take especial
care in the preservation of this portrait and often remember that
for integrity and honor he had few equals and no superiors and
I sincerely hope it may help to protect his own integrity and honor
from strain thru life - I do also give and bequeath to my said Son
Alexander my Gold watch and Seal which were presented to me by my
honored father on my arrival at the age of twenty one years together
with any gold or silver trinkets (belonging to me) which bear the
initials of his name A. T. or his name at length placed on them
by himself in his lifetime.
Item - My Will is and I do hereby give devise and bequeath to my
wife Mary all the Rest and Residue of my Estate Real personal or
mixed to have and to hold the same to her and her heirs, Exec-
utors Administrators and assigns for ever - This devise to be in lieu
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 335)
Description
[Page 335]
[Corresponds to labeled page 283 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 283
of Dower or thirds of my Estate and my Will is that said Wife
do as soon after my decease as may be, make execute and deliver to
my (other) Executors a full and complete release of all her claims
and demands of Dower or third of my Estate. This I deem necessary
to enable my Executors to make a clear title to any part (of my Real
Estate) they may sell or dispose of according to the direction of this
my Will.
And whereas I am well aware that my Executors will find it
necessary to sell and dispose of part, if not the whole of my Real
Estate. Now I do hereby authorize my said Executors or a majority
of them to sell and dispose of all or part of my Real Estate either
by public or private sale and either for cash or on credit, or partly
for one and part on the other as to them may seem best, and
to make good and sufficient deed or deeds to the purchaser or pur-
chasers thereof in fee simple. My Will is that my said Executors
shall endeavor to procure the consent of my Creditors to their post-
poning the sale of my Real Estate (in New Jersey) for at least
two years after my decease, as I am persuaded that from the
manner in which I have cultivated my two farms in Waterford
that I have added justly to their value and the full benefit of
my improvements and cultivations will not develop itself for sever-
al years - my wish is that they should continue the same course
of cultivation which I have pursued until the time of sale -
And I do hereby authorize them from any funds which they may
get in hand to pay the Interest on my Debts regularly and punc-
tually and if any of my Creditors should decline giving their
assent (to delay such sale) my wishes are that my Executors do
endeavor to find persons willing to wait that length of time
to whom the debts which will be outstanding at my death and
due to such as will not consent to delay the Sale may be as-
signed and to procure an assignment thereof to such purchaser
or purchasers -
Mgr And my Will is that my Executors do lease my said (farms)
either for a leash Rent or on shares from Year to Year untill they
shall sell the same, and that they have authority to sell Marl in
the Ground at the usual rates and to get any on shares in the man-
ner in which I have been getting it so much Marl as they can on the
same or better terms than I have been getting it raised and that
in their leases to the tenants they do bind him or them to haul
on the ground and spread as much as they can get any tenant to draw
and spread And in order that my Executors may not be at any
Loss or inconvenience in leasing my said farm on shares my Will
is that my part of the Stock of Cattle on hand at my decease be kept
for the use of the farm As it is my wish that my Widow should
reside in the Mansion House at Peach Blossom farm untill
my affairs are wound up and settled, my Will is that if my
[Corresponds to labeled page 283 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 283
of Dower or thirds of my Estate and my Will is that said Wife
do as soon after my decease as may be, make execute and deliver to
my (other) Executors a full and complete release of all her claims
and demands of Dower or third of my Estate. This I deem necessary
to enable my Executors to make a clear title to any part (of my Real
Estate) they may sell or dispose of according to the direction of this
my Will.
And whereas I am well aware that my Executors will find it
necessary to sell and dispose of part, if not the whole of my Real
Estate. Now I do hereby authorize my said Executors or a majority
of them to sell and dispose of all or part of my Real Estate either
by public or private sale and either for cash or on credit, or partly
for one and part on the other as to them may seem best, and
to make good and sufficient deed or deeds to the purchaser or pur-
chasers thereof in fee simple. My Will is that my said Executors
shall endeavor to procure the consent of my Creditors to their post-
poning the sale of my Real Estate (in New Jersey) for at least
two years after my decease, as I am persuaded that from the
manner in which I have cultivated my two farms in Waterford
that I have added justly to their value and the full benefit of
my improvements and cultivations will not develop itself for sever-
al years - my wish is that they should continue the same course
of cultivation which I have pursued until the time of sale -
And I do hereby authorize them from any funds which they may
get in hand to pay the Interest on my Debts regularly and punc-
tually and if any of my Creditors should decline giving their
assent (to delay such sale) my wishes are that my Executors do
endeavor to find persons willing to wait that length of time
to whom the debts which will be outstanding at my death and
due to such as will not consent to delay the Sale may be as-
signed and to procure an assignment thereof to such purchaser
or purchasers -
Mgr And my Will is that my Executors do lease my said (farms)
either for a leash Rent or on shares from Year to Year untill they
shall sell the same, and that they have authority to sell Marl in
the Ground at the usual rates and to get any on shares in the man-
ner in which I have been getting it so much Marl as they can on the
same or better terms than I have been getting it raised and that
in their leases to the tenants they do bind him or them to haul
on the ground and spread as much as they can get any tenant to draw
and spread And in order that my Executors may not be at any
Loss or inconvenience in leasing my said farm on shares my Will
is that my part of the Stock of Cattle on hand at my decease be kept
for the use of the farm As it is my wish that my Widow should
reside in the Mansion House at Peach Blossom farm untill
my affairs are wound up and settled, my Will is that if my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 336)
Description
[Page 336]
[Corresponds to labeled page 284 of Will Book 3]
284 Last Will and Testament of William H. Tod dec'd
death should take place during the continuance of the lease of
said farm made to John C. Ruff the present tenant that my Ex-
ecutors do immediately dig a well near to the tenants house on the
Bank of the Swamp and put a pump therein and comply with all things
which I am bound to do in order to remove John C. Huff and his family
into said tenants house and thereby to get exclusive possession of said
Mansion House and the Lots of ground with the priviledges which by said
Huff lease I have reserved for my exclusive use, and that in any fu-
ture lease to be made by my Executors they do reserve the whole of said
Mansion House and the exclusive use of all lotts of ground and
Tenements thereon for the use of my said Widow in the same amnner
that I have done in my contract with said Ins. C. Hurff and also
any other priviledge which my Widow may think necessary to make
her more comfortable but not so as materially to affect or impose the
income or rent to be derived from said farm.
My Will is that my Wife shall comply with my wishes and
reside on said farm, that in addition to the bequests herein
before made to her that she shall keep two Cows for her separate
use (which Cows I do hereby bequeath to her to be chosen by her out
of my share of the Stock) and that the Horse herein-before given her
and the two Cows to be fed out of the proceeds of said farm and that
the right to have the same complied with and fulfilled be reserved
in any lease which my Executors may make.
And my Will is that my daughter Helen shall while she remains
unmarried live with her Mother and be by her supported and that my
two youngest sons (shall) also reside with their Mother and by her be
supported until they shall be able to provide for themselves or come
to the age of twenty one years - And that whatever part of my share of
the produce of said farm which my Widow shall require for her more
comfortable support and consumption be allowed to her by the Tenant
and charged against my Estate.
And it is my Will that my Executors if they shall think it best for the
Interest of my family may sell and dispose of all or any part of the standing
Timber on either of my said farms, either in lots to suit purchasers or a
large sale wishing them at the same time to consider what part of said
timber it may be proper to reserve for the use of the fame so that the
want of a proper supply may not impair its value at the future sale.
In this direction I do not include the power to sell any of the Young
timber on the North side of Peach Blossom farm from which in after
years will be again fit to cut and the progress of which renders it has
necessary to retain much of the wood on the other part of the Estate as
that will be ready for use before the farm will require the use of
much of that which has not yet been cut. And my Will is that my
Executor may procure by purchase or otherways as much rails as may be
necessary to keep up the fences during the time the farm may
continue unsold.
[Corresponds to labeled page 284 of Will Book 3]
284 Last Will and Testament of William H. Tod dec'd
death should take place during the continuance of the lease of
said farm made to John C. Ruff the present tenant that my Ex-
ecutors do immediately dig a well near to the tenants house on the
Bank of the Swamp and put a pump therein and comply with all things
which I am bound to do in order to remove John C. Huff and his family
into said tenants house and thereby to get exclusive possession of said
Mansion House and the Lots of ground with the priviledges which by said
Huff lease I have reserved for my exclusive use, and that in any fu-
ture lease to be made by my Executors they do reserve the whole of said
Mansion House and the exclusive use of all lotts of ground and
Tenements thereon for the use of my said Widow in the same amnner
that I have done in my contract with said Ins. C. Hurff and also
any other priviledge which my Widow may think necessary to make
her more comfortable but not so as materially to affect or impose the
income or rent to be derived from said farm.
My Will is that my Wife shall comply with my wishes and
reside on said farm, that in addition to the bequests herein
before made to her that she shall keep two Cows for her separate
use (which Cows I do hereby bequeath to her to be chosen by her out
of my share of the Stock) and that the Horse herein-before given her
and the two Cows to be fed out of the proceeds of said farm and that
the right to have the same complied with and fulfilled be reserved
in any lease which my Executors may make.
And my Will is that my daughter Helen shall while she remains
unmarried live with her Mother and be by her supported and that my
two youngest sons (shall) also reside with their Mother and by her be
supported until they shall be able to provide for themselves or come
to the age of twenty one years - And that whatever part of my share of
the produce of said farm which my Widow shall require for her more
comfortable support and consumption be allowed to her by the Tenant
and charged against my Estate.
And it is my Will that my Executors if they shall think it best for the
Interest of my family may sell and dispose of all or any part of the standing
Timber on either of my said farms, either in lots to suit purchasers or a
large sale wishing them at the same time to consider what part of said
timber it may be proper to reserve for the use of the fame so that the
want of a proper supply may not impair its value at the future sale.
In this direction I do not include the power to sell any of the Young
timber on the North side of Peach Blossom farm from which in after
years will be again fit to cut and the progress of which renders it has
necessary to retain much of the wood on the other part of the Estate as
that will be ready for use before the farm will require the use of
much of that which has not yet been cut. And my Will is that my
Executor may procure by purchase or otherways as much rails as may be
necessary to keep up the fences during the time the farm may
continue unsold.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 337)
Description
[Page 337]
[Corresponds to labeled page 285 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 285
With respect to my Oakland farm my Executors have hereby conferred
upon them all the powers and authorities to lease or sell (which) I
have given them over my peach Blossom farm hereby requesting
them in any lease they may make after my decease to contract
with the tenant to haul as much Marl from the Beds or pitts of
Marl at Peach Blossom farm as they can induce him to haul.
they furnishing the Marl on the surface of the Ground at the place
of digging and they are authorized to purchase as many rails as may
be necessary to keep up the fence until the farm may be sold.
My land near Long-a-Coming in Waterford Township my Land
in Maryland and Ohio they may sell at any time they may think
it best, my opinion however is that the Land near Long-a-Coming
and In Ohio will bring a better price a few years hence than at
present.
And whereas it frequently happens that farm lands can be exchanged
for City Property when they will not command a fair Cash price, now
I do hereby authorize my Executor to exchange all or any part of my Lands
in the County for House or Houses and Lots in the City of Philadelphia
or in the Districts attached thereto - The value of the property in the
City and County of Philadelphia to be taken as aforesaid may be
fixed by the opinion in writing of three disinterested Land or Lot
Brokers in conjunction with their own or of the Majority of them.
The Title to such property to examined and reported upon by me or
more Counsellors at Law in the said City and if such an exchange
or Sale can be effected my said Executors have hereby given to them
full power and authority to sell what my be so required, or such
parts thereof as may be necessary to pay my debts which being done
the residue of course belongs or will belong to my Widow in fee.
And request they will keep the (Buildings) fences and railing
on Peach Blossom farm in good order and repair. Also the
(Mansion) House is to be kept in repair by them so that when
the time for selling shall arrive the premises may show to
advantage -
And my Will is that the specific legacies herein bequeathed be
the Last resorted to in order to raise funds for the payments of
my debts or the Interest thereof - And that no one of them shall
be applied for said purpose untill the other parts of my Es-
tate Real and Personal shall appear to insufficient for that
purpose and shall have been exhausted therefor. And my Will
is that my Executors whether considered as Trustees or otherways
shall not in executing the duties hereby committed to them be
responsible for the acts of each other, nor for any lossees or misfor-
tunes that may occur in the management of the said Trusts un-
less the same may be occasioned by them or either of their own fault
or neglect, but that each of them shall be answerable only for his
own acts or defaults -
[Corresponds to labeled page 285 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 285
With respect to my Oakland farm my Executors have hereby conferred
upon them all the powers and authorities to lease or sell (which) I
have given them over my peach Blossom farm hereby requesting
them in any lease they may make after my decease to contract
with the tenant to haul as much Marl from the Beds or pitts of
Marl at Peach Blossom farm as they can induce him to haul.
they furnishing the Marl on the surface of the Ground at the place
of digging and they are authorized to purchase as many rails as may
be necessary to keep up the fence until the farm may be sold.
My land near Long-a-Coming in Waterford Township my Land
in Maryland and Ohio they may sell at any time they may think
it best, my opinion however is that the Land near Long-a-Coming
and In Ohio will bring a better price a few years hence than at
present.
And whereas it frequently happens that farm lands can be exchanged
for City Property when they will not command a fair Cash price, now
I do hereby authorize my Executor to exchange all or any part of my Lands
in the County for House or Houses and Lots in the City of Philadelphia
or in the Districts attached thereto - The value of the property in the
City and County of Philadelphia to be taken as aforesaid may be
fixed by the opinion in writing of three disinterested Land or Lot
Brokers in conjunction with their own or of the Majority of them.
The Title to such property to examined and reported upon by me or
more Counsellors at Law in the said City and if such an exchange
or Sale can be effected my said Executors have hereby given to them
full power and authority to sell what my be so required, or such
parts thereof as may be necessary to pay my debts which being done
the residue of course belongs or will belong to my Widow in fee.
And request they will keep the (Buildings) fences and railing
on Peach Blossom farm in good order and repair. Also the
(Mansion) House is to be kept in repair by them so that when
the time for selling shall arrive the premises may show to
advantage -
And my Will is that the specific legacies herein bequeathed be
the Last resorted to in order to raise funds for the payments of
my debts or the Interest thereof - And that no one of them shall
be applied for said purpose untill the other parts of my Es-
tate Real and Personal shall appear to insufficient for that
purpose and shall have been exhausted therefor. And my Will
is that my Executors whether considered as Trustees or otherways
shall not in executing the duties hereby committed to them be
responsible for the acts of each other, nor for any lossees or misfor-
tunes that may occur in the management of the said Trusts un-
less the same may be occasioned by them or either of their own fault
or neglect, but that each of them shall be answerable only for his
own acts or defaults -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 338)
Description
[Page 338]
[Corresponds to labeled page 286 of Will Book 3]
286 Last Will and Testament of William H. Tod dec'd
I do hereby nominate and appoint my Wife May D. Tod, my
Son in Law Edward Wilcox and Thomas Redman of Haddonfield
in New Jersey to be the Executors of this my last Will and Testament
hereby revoking and annulling all former or other Wills and Testa-
ments by me made -
In Witness whereof I have hereunto set my hand Seal
this Twlefth day of July in the Year One Thousand Eight hundred
and Thirty three in the City of Philadelphia -
Signed, Sealed, published and declared by the }
Testator William H. Tod to us will known to }
be his last Will and Testament in our }
presence who signed the same as witnesses thereto at his request in
his presence and in the presence of each other on the Day and Year
above mentioned in the City of Philadelphia -
Charles Wheeler sir Sept. 2nd 1833. Geo. M. Stroud Affd Aug
30th 1833. Geo. Sharswood sir Sept. 26th 1833 -
Philadelphia August 30th 1833. Then personally appeared Geo. M.
Stroud and on the 2nd Sept. 1833 Charles Wheeler and on the 26th
Sept 1833 Geo. Sharswood the Witnesses to the foregoing Will and the
former on his affirmation and the two latter on their Oaths did say
that they did see and hear William H. Tod the Testator in the said
Will named, Sign seal, publish and declare the same as and for
his last Will and Testament and that the same was done in his
presence and at his request and in the presence of each other, and
that at the doing thereof he was of sound mind memory and under-
standing to the best of their knowledge and belief -
Carson F. Humes Register
Sept 2nd 1833 Mary D. Tod and Edmund Wilcox two of the
Ex'rs the former sworn the latter - aff'd and that they would dili-
gently and faithfully regard and well and truly comply with the
provisions of the Law relating to Collateral Inheritances.
Commonwealth of Pennsylvania City and County of
Philadelphia S S. Registers Office Oct 30th 1855
I William Bowers Register for the
Probate of Wills and granting of Letters of Admin-
{Seal}
istration do certify the foregoing Writing to be a
true and Correct Copy of the Last Will and Testament and Probate
thereof of William H. Tod dec'd as the same remains filed in my Office
Witness my hand and Seal of Office the day & Year above written
Wm. Bowers Register
[Corresponds to labeled page 286 of Will Book 3]
286 Last Will and Testament of William H. Tod dec'd
I do hereby nominate and appoint my Wife May D. Tod, my
Son in Law Edward Wilcox and Thomas Redman of Haddonfield
in New Jersey to be the Executors of this my last Will and Testament
hereby revoking and annulling all former or other Wills and Testa-
ments by me made -
In Witness whereof I have hereunto set my hand Seal
this Twlefth day of July in the Year One Thousand Eight hundred
and Thirty three in the City of Philadelphia -
Signed, Sealed, published and declared by the }
Testator William H. Tod to us will known to }
be his last Will and Testament in our }
presence who signed the same as witnesses thereto at his request in
his presence and in the presence of each other on the Day and Year
above mentioned in the City of Philadelphia -
Charles Wheeler sir Sept. 2nd 1833. Geo. M. Stroud Affd Aug
30th 1833. Geo. Sharswood sir Sept. 26th 1833 -
Philadelphia August 30th 1833. Then personally appeared Geo. M.
Stroud and on the 2nd Sept. 1833 Charles Wheeler and on the 26th
Sept 1833 Geo. Sharswood the Witnesses to the foregoing Will and the
former on his affirmation and the two latter on their Oaths did say
that they did see and hear William H. Tod the Testator in the said
Will named, Sign seal, publish and declare the same as and for
his last Will and Testament and that the same was done in his
presence and at his request and in the presence of each other, and
that at the doing thereof he was of sound mind memory and under-
standing to the best of their knowledge and belief -
Carson F. Humes Register
Sept 2nd 1833 Mary D. Tod and Edmund Wilcox two of the
Ex'rs the former sworn the latter - aff'd and that they would dili-
gently and faithfully regard and well and truly comply with the
provisions of the Law relating to Collateral Inheritances.
Commonwealth of Pennsylvania City and County of
Philadelphia S S. Registers Office Oct 30th 1855
I William Bowers Register for the
Probate of Wills and granting of Letters of Admin-
{Seal}
istration do certify the foregoing Writing to be a
true and Correct Copy of the Last Will and Testament and Probate
thereof of William H. Tod dec'd as the same remains filed in my Office
Witness my hand and Seal of Office the day & Year above written
Wm. Bowers Register
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 339)
Description
[Page 339]
[Corresponds to labeled page 287 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 287
Sept 2nd 1833 I renounce and decline to take upon myself the
burden of the Execution of the foregoing Will
Thos. Redman
City and County of Philadelphia SS.
Registers Office Nov 13th 1855
I do Certify the foregoing writing to be a true
and correct copy of the renunciation of Thomas
Redman as one of the Executors of the last
Will and Testament of William H. Tod deceased as the
same remains filed in my Office.
Witness my Hand and Seal of Office
the day and Year last above written
Wm. Bowers Register
[Corresponds to labeled page 287 of Will Book 3]
Last Will and Testament of William H. Tod dec'd 287
Sept 2nd 1833 I renounce and decline to take upon myself the
burden of the Execution of the foregoing Will
Thos. Redman
City and County of Philadelphia SS.
Registers Office Nov 13th 1855
I do Certify the foregoing writing to be a true
and correct copy of the renunciation of Thomas
Redman as one of the Executors of the last
Will and Testament of William H. Tod deceased as the
same remains filed in my Office.
Witness my Hand and Seal of Office
the day and Year last above written
Wm. Bowers Register
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 340)
Description
[Page 340]
[Corresponds to labeled page 288 of Will Book 3]
288 Last Will and Testament of James Paull dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 22nd day of August AD 1856
Be it remembered that on the 22nd day of Aug AD 1856 an
authenticated copy of the last Will and Testament of James Paull
late of Franklin Township Fayette County Pennsylvania was
produced in open Court by T. P. Townsly and it appearing to the satis-
faction of the Court that said Will had been proved in said State
of Pennsylvania according to the laws of said State and that said
Will has relation to property within the said County of Delaware
It is ordered by the Court that the said authenticated copy
thereof be recorded in the Record of Wills for said County of
Delaware
Copy of Will
I James Paull of Franklin Township Fayette County Pennsylvania
deeply impressed with the importance of so arranging my temporal
affairs that I may be as free as possible from all worldly concerns,
when it shall please God to summon me hence do make and
declare this to be my last Will and Testament as follows -
1st To my son George I Have already given as I conceive his full
share of my estate and therefor leave him nothing now.
2nd To the children of my deceased son Reuben - Hannah Henry and
James and to their heirs I give one hundred acres of land near
Zenia Ohio to be divided off from my other lands there by my
Sons-in-law Thomas P. Townsley and Nancy Gaddis or by my Executors
so as to include the house where they and their mother now live -
and it is my Will that their Mother have a home on the land
and be maintained out of its proceeds as long as she remains the
Widow of my said Son, and I do hereby constitute the said Thomas
P. Townsley the Guardian of the said Hannah, Henry and James until
they respectively arrive at full age.
3rd To my daughter Mary Austin - for her sole and seperate use, not
to be encumbered or in any way charged by her husband & to her
heirs, I give one hundred and fifty acres of land on Bohes Creek
Delaware County Ohio including the house where she now lives and
the Law Mill and Water right to be bounded West by Perry Bird North
by the said Creek South by the State Road running through my land
and leading toward Bellefontaine and East by a line to be run by
under the direction of my Executors, or one of them.
4th To my beloved Wife Mary I give all she brought with her when
we were married a riding horse and an equal interest during her
life with my Son Ewing in the farm where I now live -
5th To my Son Nathaniel Ewing & to his heirs I give the farm on which I now
live in Franklin Township aforesaid adjoining lands of John Bute, Henry
Barkalow, Thomas Craig and others containing about four hundred acres
[Corresponds to labeled page 288 of Will Book 3]
288 Last Will and Testament of James Paull dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 22nd day of August AD 1856
Be it remembered that on the 22nd day of Aug AD 1856 an
authenticated copy of the last Will and Testament of James Paull
late of Franklin Township Fayette County Pennsylvania was
produced in open Court by T. P. Townsly and it appearing to the satis-
faction of the Court that said Will had been proved in said State
of Pennsylvania according to the laws of said State and that said
Will has relation to property within the said County of Delaware
It is ordered by the Court that the said authenticated copy
thereof be recorded in the Record of Wills for said County of
Delaware
Copy of Will
I James Paull of Franklin Township Fayette County Pennsylvania
deeply impressed with the importance of so arranging my temporal
affairs that I may be as free as possible from all worldly concerns,
when it shall please God to summon me hence do make and
declare this to be my last Will and Testament as follows -
1st To my son George I Have already given as I conceive his full
share of my estate and therefor leave him nothing now.
2nd To the children of my deceased son Reuben - Hannah Henry and
James and to their heirs I give one hundred acres of land near
Zenia Ohio to be divided off from my other lands there by my
Sons-in-law Thomas P. Townsley and Nancy Gaddis or by my Executors
so as to include the house where they and their mother now live -
and it is my Will that their Mother have a home on the land
and be maintained out of its proceeds as long as she remains the
Widow of my said Son, and I do hereby constitute the said Thomas
P. Townsley the Guardian of the said Hannah, Henry and James until
they respectively arrive at full age.
3rd To my daughter Mary Austin - for her sole and seperate use, not
to be encumbered or in any way charged by her husband & to her
heirs, I give one hundred and fifty acres of land on Bohes Creek
Delaware County Ohio including the house where she now lives and
the Law Mill and Water right to be bounded West by Perry Bird North
by the said Creek South by the State Road running through my land
and leading toward Bellefontaine and East by a line to be run by
under the direction of my Executors, or one of them.
4th To my beloved Wife Mary I give all she brought with her when
we were married a riding horse and an equal interest during her
life with my Son Ewing in the farm where I now live -
5th To my Son Nathaniel Ewing & to his heirs I give the farm on which I now
live in Franklin Township aforesaid adjoining lands of John Bute, Henry
Barkalow, Thomas Craig and others containing about four hundred acres
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 341)
Description
[Page 341]
[Corresponds to labeled page 289 of Will Book 3]
Last Will and Testament of James Paull dec'd 289
subject to the above devise to my Wife - also all the farming utensils
Wagons, cart & his choice of five horses six milk Cows & a yoke of oxen
also all the household goods furniture & stuff in and about the house at
my decease - also two tracts of land on Tuckers Run in Dunbar Town
ship Fayette County aforesaid being the Lowry tract where John Smitty now
lives & the tract known as the Law Stewart tract both said tracts containing
together about six hundred acres
6th To each of my daughters Isabella and Louisa Jane I give one hun
dred & fifty dollars over and above what is hereinafter given them -
7th The residue of my lands near Zenia Green County Ohio & in Delaware
County Ohio not given to the heirs of my Son Reuben & to my daughter
Mary I direct to be divided under the direction of my Executors or one
of them into convenient farms & to be valued by two or three judicious
men to be appointed by my Executors & either of my children to whom
the residue is given shall be at liberty to take the same at the valuation
My sons-in-law Henry Gaddis and Thomas P. Townsley in right of their
Wives shall have the preferance in choice in regard to the lands near
Zenia and whatever lands shall be chosen at the valuation by the
said Thomas P. Townsley & whatever he may purchase of other lands sold
by my Executors & he is authorised to purchase notwithstanding he is
my Executor shall be conveyed by my other Executors all of these lands
in Ohio not taken at the valuation and all my other lands not herein
before devised I direct to be sold by my Executors at such times and
in such manner & at either private or public sale as by them shall
be judged most expedient.
8th The proceeds of any personal property not herein before bequeathed
all debts due to me and the amount of lands taken at the valuation
& the proceeds of all lands sold shall be added together and constitute the
residue of my estate out of which I direct all my debts funeral expenses
& the expenses & the expenses of administration to be paid and the surplus
I give as follows: To my Son Finley, my daughter Sarah Huston, Martha
Gaddis Agnes Townsley Hannah Stoneroad Isabella and Louisa Jane
each two shares & to my grand daughter Eliza Paull Baker, only child
of my deceased daughter Eliza one share -
9th And lastly I do constitute and appoint my Son N. Ewing Paull
my Son-in-law Thomas P. Townsley and my brother Joseph Paull the
Executors of this my last Will and Testament - Witness my hand and
seal this 19th day of Jany A.D. 1856
James Paull {Seal}
Signed Sealed and declared to be his last }
Will & Testament in the presence of }
N. Ewing, Ins R. Ewing }
[Corresponds to labeled page 289 of Will Book 3]
Last Will and Testament of James Paull dec'd 289
subject to the above devise to my Wife - also all the farming utensils
Wagons, cart & his choice of five horses six milk Cows & a yoke of oxen
also all the household goods furniture & stuff in and about the house at
my decease - also two tracts of land on Tuckers Run in Dunbar Town
ship Fayette County aforesaid being the Lowry tract where John Smitty now
lives & the tract known as the Law Stewart tract both said tracts containing
together about six hundred acres
6th To each of my daughters Isabella and Louisa Jane I give one hun
dred & fifty dollars over and above what is hereinafter given them -
7th The residue of my lands near Zenia Green County Ohio & in Delaware
County Ohio not given to the heirs of my Son Reuben & to my daughter
Mary I direct to be divided under the direction of my Executors or one
of them into convenient farms & to be valued by two or three judicious
men to be appointed by my Executors & either of my children to whom
the residue is given shall be at liberty to take the same at the valuation
My sons-in-law Henry Gaddis and Thomas P. Townsley in right of their
Wives shall have the preferance in choice in regard to the lands near
Zenia and whatever lands shall be chosen at the valuation by the
said Thomas P. Townsley & whatever he may purchase of other lands sold
by my Executors & he is authorised to purchase notwithstanding he is
my Executor shall be conveyed by my other Executors all of these lands
in Ohio not taken at the valuation and all my other lands not herein
before devised I direct to be sold by my Executors at such times and
in such manner & at either private or public sale as by them shall
be judged most expedient.
8th The proceeds of any personal property not herein before bequeathed
all debts due to me and the amount of lands taken at the valuation
& the proceeds of all lands sold shall be added together and constitute the
residue of my estate out of which I direct all my debts funeral expenses
& the expenses & the expenses of administration to be paid and the surplus
I give as follows: To my Son Finley, my daughter Sarah Huston, Martha
Gaddis Agnes Townsley Hannah Stoneroad Isabella and Louisa Jane
each two shares & to my grand daughter Eliza Paull Baker, only child
of my deceased daughter Eliza one share -
9th And lastly I do constitute and appoint my Son N. Ewing Paull
my Son-in-law Thomas P. Townsley and my brother Joseph Paull the
Executors of this my last Will and Testament - Witness my hand and
seal this 19th day of Jany A.D. 1856
James Paull {Seal}
Signed Sealed and declared to be his last }
Will & Testament in the presence of }
N. Ewing, Ins R. Ewing }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 342)
Description
[Page 342]
[Corresponds to labeled page 290 of Will Book 3]
290 Last Will and Testament of James Paull dec'd
Upon reflection I add to my foregoing Will this Codicil
It is my Will and desire that my Wife have the supervision and
control of the Mansion House where I now live with all its furni-
ture during her life, and that the devise and bequest to my son
Ewing shall be subject to this provision - Witness my hand and
Seal this 26th day of January A.D. 1856
Signed, Sealed & declared to be a Codicil } James Paull {Seal}
to his last Will & Testament in our }
presence N Ewing Ins E Ewing }
This second Codicil I added
the request of my Wife to my last Will and Testament, I revoke the
devise in the 4th item of my Will to my Wife of an equal interest
during her life with my son Ewing in the farm where I now live,
And I do hereby devise to her during her natural life the use
of the pasture lot West of the Road and adjoining John Bute and
also the field West of said lot adjoining said Bute & land formerly
of Rev'd James Gathrie, I also give & bequeath to her two milk cows
& three hundred dollars a year during her natural life to be paid
her by my Executors out of my estate.
Signed Sealed & declared to be a Codicil } James Paull {Seal}
to his last Will & Testament by the testator }
this 12th day of March A.D. 1856 in }
presence of Ins. E. Ewing, N. Ewing }
Codicil Third, It is my Will
that my Son Ewing furnish from the proceeds of the farm hay and grain
for the use of the house given to my wife & also find Stable room
and that he furnish fodder or other provender for her Cow during
the winter
Signed Sealed & declared to be a Codocil to his } James Paull {Seal}
last Will & Testament by the testator this 17th }
day of March A.D. 1856. }
N. Ewing Ins. E. Ewing
Fayette County SS.
Be it Remembered that on the 16th day of June A.D. 1856 personally appeared
before me Ino Collins Register for the Probate of Wills and granting Letters of
Administration in and for said County Nathaniel Ewing and Ins. K. Ewing
the subscribing Witnesses to the foregoing last Will and Testament and three
Codicils attached of James Paull late of Franklin Township Fayette County
deceased and on their solemn Oaths did respectively declare that they saw
the testator sign seal and heard him declare the same to be his last
Will and Testament as also of the Codicils when of sound mind and
understanding, that they knew of no undue influence used or later Will
made by said deceased to their knowledge or belief, and that they sub-
scribed their namese as witnesses to the aforesaid Will and Codicils
in his presence and at his request and in the presence of each
[Corresponds to labeled page 290 of Will Book 3]
290 Last Will and Testament of James Paull dec'd
Upon reflection I add to my foregoing Will this Codicil
It is my Will and desire that my Wife have the supervision and
control of the Mansion House where I now live with all its furni-
ture during her life, and that the devise and bequest to my son
Ewing shall be subject to this provision - Witness my hand and
Seal this 26th day of January A.D. 1856
Signed, Sealed & declared to be a Codicil } James Paull {Seal}
to his last Will & Testament in our }
presence N Ewing Ins E Ewing }
This second Codicil I added
the request of my Wife to my last Will and Testament, I revoke the
devise in the 4th item of my Will to my Wife of an equal interest
during her life with my son Ewing in the farm where I now live,
And I do hereby devise to her during her natural life the use
of the pasture lot West of the Road and adjoining John Bute and
also the field West of said lot adjoining said Bute & land formerly
of Rev'd James Gathrie, I also give & bequeath to her two milk cows
& three hundred dollars a year during her natural life to be paid
her by my Executors out of my estate.
Signed Sealed & declared to be a Codicil } James Paull {Seal}
to his last Will & Testament by the testator }
this 12th day of March A.D. 1856 in }
presence of Ins. E. Ewing, N. Ewing }
Codicil Third, It is my Will
that my Son Ewing furnish from the proceeds of the farm hay and grain
for the use of the house given to my wife & also find Stable room
and that he furnish fodder or other provender for her Cow during
the winter
Signed Sealed & declared to be a Codocil to his } James Paull {Seal}
last Will & Testament by the testator this 17th }
day of March A.D. 1856. }
N. Ewing Ins. E. Ewing
Fayette County SS.
Be it Remembered that on the 16th day of June A.D. 1856 personally appeared
before me Ino Collins Register for the Probate of Wills and granting Letters of
Administration in and for said County Nathaniel Ewing and Ins. K. Ewing
the subscribing Witnesses to the foregoing last Will and Testament and three
Codicils attached of James Paull late of Franklin Township Fayette County
deceased and on their solemn Oaths did respectively declare that they saw
the testator sign seal and heard him declare the same to be his last
Will and Testament as also of the Codicils when of sound mind and
understanding, that they knew of no undue influence used or later Will
made by said deceased to their knowledge or belief, and that they sub-
scribed their namese as witnesses to the aforesaid Will and Codicils
in his presence and at his request and in the presence of each
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 343)
Description
[Page 343]
[Corresponds to labeled page 291 of Will Book 3]
Last Will and Testament of James Paull dec'd 291
other. In Testimony whereof I have hereunto set my hand & Seal of the
Registers Office of said County the 16th day of June A.D. 1856
Ins. Collins Register
Same day Joseph Paull & Thomas P. Townsley two of the above named
Executors appeared & were duly sworn & Letters Testamentary granted to them
the other named Executor namely N. Ewing Paull being under age.
Ins. Collins Reg'r
{Seal}
Fayette County State of Pennsylvania SS.
I Ins. Collins Register for the Probate of Wills and granting Letters of
Administration etc in and for the County aforesaid do hereby certify that the
foregoing is a true copy of the Last Will & Testament as also of three
Codicils to said Will & of the Probate to the same as registered in the
Registers Office of said County in Will Book No. 3 pages 236 = 7 = & 8
In testimony whereof I have hereunto set my hand and affixed
the Seal of the Registers Office of said County this 18th day of June A.D. 1856
Ins. Collins Register
State of Pennsylvania Fayette County SS.
I, Samuel A. Gilmon President Judge of the Fourteenth Judicial District
composed of the Counties of Washington Fayette & Green in said State, do
certify that Ins. Colllins the aforesaid Register is the proper Officer for the
Probate of Wills & granting of Letters of Administration in and for the
County of Fayette aforesaid duly elected and commissioned as such and
that his Certificate attached to the foregong copy is in the proper form
Witness my hand this 18th day of June A.D. 1856
Samuel A. Gilmon {Seal}
Prob Judge
State of Pennsylvania Fayette County SS.
I, Ins. Collins Register for the Probate of Wills and granting of Letters
of Administration etc in and for said County do hereby certify that Samuel
A. Gilmon is the President Judge of the Fourteenth Judicial District com-
posed of the Counties of Washington Fayette & Green in the Commonwealth
of Penn'a and that his Signature to the foregoing Certificate is in his
own proper hand writing and that he signed the same at the time it
purports to be done, namely on the 18th day of June A.D. 1856.
In testimony whereof I have hereunto set my hand and affixed the
seal of the registers Office of said Fayette County at Union Town this
18th day of June A.D. 1856
{Seal} Ins. Collins Register
[Corresponds to labeled page 291 of Will Book 3]
Last Will and Testament of James Paull dec'd 291
other. In Testimony whereof I have hereunto set my hand & Seal of the
Registers Office of said County the 16th day of June A.D. 1856
Ins. Collins Register
Same day Joseph Paull & Thomas P. Townsley two of the above named
Executors appeared & were duly sworn & Letters Testamentary granted to them
the other named Executor namely N. Ewing Paull being under age.
Ins. Collins Reg'r
{Seal}
Fayette County State of Pennsylvania SS.
I Ins. Collins Register for the Probate of Wills and granting Letters of
Administration etc in and for the County aforesaid do hereby certify that the
foregoing is a true copy of the Last Will & Testament as also of three
Codicils to said Will & of the Probate to the same as registered in the
Registers Office of said County in Will Book No. 3 pages 236 = 7 = & 8
In testimony whereof I have hereunto set my hand and affixed
the Seal of the Registers Office of said County this 18th day of June A.D. 1856
Ins. Collins Register
State of Pennsylvania Fayette County SS.
I, Samuel A. Gilmon President Judge of the Fourteenth Judicial District
composed of the Counties of Washington Fayette & Green in said State, do
certify that Ins. Colllins the aforesaid Register is the proper Officer for the
Probate of Wills & granting of Letters of Administration in and for the
County of Fayette aforesaid duly elected and commissioned as such and
that his Certificate attached to the foregong copy is in the proper form
Witness my hand this 18th day of June A.D. 1856
Samuel A. Gilmon {Seal}
Prob Judge
State of Pennsylvania Fayette County SS.
I, Ins. Collins Register for the Probate of Wills and granting of Letters
of Administration etc in and for said County do hereby certify that Samuel
A. Gilmon is the President Judge of the Fourteenth Judicial District com-
posed of the Counties of Washington Fayette & Green in the Commonwealth
of Penn'a and that his Signature to the foregoing Certificate is in his
own proper hand writing and that he signed the same at the time it
purports to be done, namely on the 18th day of June A.D. 1856.
In testimony whereof I have hereunto set my hand and affixed the
seal of the registers Office of said Fayette County at Union Town this
18th day of June A.D. 1856
{Seal} Ins. Collins Register
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 344)
Description
[Page 344]
[Corresponds to labeled page 292 of Will Book 3]
292 Last Will and Testament of Daniel Ludy dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 12th day of June A.D. 1856
Be it remembered that on the 11th day of June A.D. 1856 the last Will
and Testament of Daniel Ludy was filed in the Court of Probate of
said County and on the 12th day of June A.D. 1856 said Will of said
Daniel Ludy late of Delaware County State of Ohio was produced in open
Court and duly proven by the testimony of Wm. M. Warren and John Grigsby
the subscribing witnesses thereto as reduced to writing and filed with said
Will admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Supreme ruler of the Universe and in the presence
of these witnesses, I Daniel Ludy of the County of Delaware State of
Ohio, being of sound mind and lawfull age and in consideration
of the uncertainty of this frail probationary existence do make and publish
this my last Will & Testament as follows.
And first after the payment of all my debts I will to my beloved
wife Elizabeth E. Ludy all my personal estate in whatever kind it
may be at the time of decease to be disposed of by her as she may desire
2nd I Will to my wife during her natural life, the use of the farm
on which I now reside situate in Scioto Tp in said County in case
she lives my Widow so long. If she should marry, then she is to have
only one third of the said farm or equal to dower according to law
3rd I appoint my Wife Elizabeth c. Ludy as guardian for all my
minor children -
4th I appoint John Ludy and Wist Atkinson Executors of this my last
Will and Testament
In Witness whereof I have hereunto subscribed my name on this
29th day of December A.D. 1855
Attest Daniel Ludy {Seal}
John Girgsby
Wm. M. Warren
State of Ohio Delaware County SS
We John Grigsby and Wm. M. Warren being duly sworn in open Court this
12th day of June A.D. 1856 depose and say that we were present at the execution
of the last will and testament of Daniel Ludy dec'd hereto annexed, that
we saw the said testator subscribe said Will, and heard him publish
and declare the same to be his last will and testament and that the
said testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence.
[Corresponds to labeled page 292 of Will Book 3]
292 Last Will and Testament of Daniel Ludy dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 12th day of June A.D. 1856
Be it remembered that on the 11th day of June A.D. 1856 the last Will
and Testament of Daniel Ludy was filed in the Court of Probate of
said County and on the 12th day of June A.D. 1856 said Will of said
Daniel Ludy late of Delaware County State of Ohio was produced in open
Court and duly proven by the testimony of Wm. M. Warren and John Grigsby
the subscribing witnesses thereto as reduced to writing and filed with said
Will admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Supreme ruler of the Universe and in the presence
of these witnesses, I Daniel Ludy of the County of Delaware State of
Ohio, being of sound mind and lawfull age and in consideration
of the uncertainty of this frail probationary existence do make and publish
this my last Will & Testament as follows.
And first after the payment of all my debts I will to my beloved
wife Elizabeth E. Ludy all my personal estate in whatever kind it
may be at the time of decease to be disposed of by her as she may desire
2nd I Will to my wife during her natural life, the use of the farm
on which I now reside situate in Scioto Tp in said County in case
she lives my Widow so long. If she should marry, then she is to have
only one third of the said farm or equal to dower according to law
3rd I appoint my Wife Elizabeth c. Ludy as guardian for all my
minor children -
4th I appoint John Ludy and Wist Atkinson Executors of this my last
Will and Testament
In Witness whereof I have hereunto subscribed my name on this
29th day of December A.D. 1855
Attest Daniel Ludy {Seal}
John Girgsby
Wm. M. Warren
State of Ohio Delaware County SS
We John Grigsby and Wm. M. Warren being duly sworn in open Court this
12th day of June A.D. 1856 depose and say that we were present at the execution
of the last will and testament of Daniel Ludy dec'd hereto annexed, that
we saw the said testator subscribe said Will, and heard him publish
and declare the same to be his last will and testament and that the
said testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 345)
Description
[Page 345]
[Corresponds to labeled page 293 of Will Book 3]
Last Will and Testament of John Yeates dec'd 293
and in the presence of each other.
Wm. M. Warren
John Grigsby
Sworn to and subscribed before me this 12th day of June A.D. 1856
I. Ranney Probate Judge
__________________________________________________________
Last Will and Testament of John Yeates dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 4th day of June A.D. 1856 and on the 1st day of Aug A.D. 1856
This day the last Will and Testament of John Yeates dec'd late of Delaware
County was produced in open Court and duly proven by the testimony of John
C. Brown and Henry D. Miller the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and ordered to be
recorded as follows.
Copy of Will
In the name of the benevolent Father of all I John Yates of the County
of Delaware do make and publish this my last Will and testament in
manor and form following.
Item 1st I give and bequeath to my daughters Elizabeth and Nancy Yates
two beads and beding each and one Cow each and all my books and
clothing belonging to me at my decease.
2nd It is my Will that all the balance of my personal property and effects
be sold and after paying all my just debts and expenses and costs of
administration, the proceeds be divided equally between my sons William N.
Joseph and Thomas Yates and my daughters Elizabeth and Nancy Yates.
3rd It is my Will that all my real estate consisting in the farm on which
I now reside be sold and the proceeds divided equally among all the afore
named heirs. And for that purpose I hereby athurise and empower my
Executor or administrator to all the same either at public or private sale
and on such terms as he may think best, and he is hereby authorised
and empowered to transfer and make deeds for the same without any
order from Court or any other authority.
4th I hereby constitute and apoint my friend John Cunningham of Troy
township my executor to execute this my last Will and Testament -
Signed and acknowledged by said John Yates } John Yeates
in our presence as his last Will and and signed }
by us iin his presence and at his request. }
John C. Brown }
Henry D. Miller }
[Corresponds to labeled page 293 of Will Book 3]
Last Will and Testament of John Yeates dec'd 293
and in the presence of each other.
Wm. M. Warren
John Grigsby
Sworn to and subscribed before me this 12th day of June A.D. 1856
I. Ranney Probate Judge
__________________________________________________________
Last Will and Testament of John Yeates dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 4th day of June A.D. 1856 and on the 1st day of Aug A.D. 1856
This day the last Will and Testament of John Yeates dec'd late of Delaware
County was produced in open Court and duly proven by the testimony of John
C. Brown and Henry D. Miller the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and ordered to be
recorded as follows.
Copy of Will
In the name of the benevolent Father of all I John Yates of the County
of Delaware do make and publish this my last Will and testament in
manor and form following.
Item 1st I give and bequeath to my daughters Elizabeth and Nancy Yates
two beads and beding each and one Cow each and all my books and
clothing belonging to me at my decease.
2nd It is my Will that all the balance of my personal property and effects
be sold and after paying all my just debts and expenses and costs of
administration, the proceeds be divided equally between my sons William N.
Joseph and Thomas Yates and my daughters Elizabeth and Nancy Yates.
3rd It is my Will that all my real estate consisting in the farm on which
I now reside be sold and the proceeds divided equally among all the afore
named heirs. And for that purpose I hereby athurise and empower my
Executor or administrator to all the same either at public or private sale
and on such terms as he may think best, and he is hereby authorised
and empowered to transfer and make deeds for the same without any
order from Court or any other authority.
4th I hereby constitute and apoint my friend John Cunningham of Troy
township my executor to execute this my last Will and Testament -
Signed and acknowledged by said John Yates } John Yeates
in our presence as his last Will and and signed }
by us iin his presence and at his request. }
John C. Brown }
Henry D. Miller }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 346)
Description
[Page 346]
[Corresponds to labeled page 294 of Will Book 3]
294 Last Will and Testament of John Yeates dec'd
State of Ohio Delaware County SS.
I, Henry D. Miller being duly sworn in open Court this 4th day of June
A.D. 1856 depose and say that I was present at the execution of the last
Will and Testament of John Yeates hereto annexed, that I saw the said
testator subscribe said Will, and heard him publish and declare
the same to be his last Will and Testament and that the said testa
tor at the time of executing the same was of full age and of sound
mind and memory and not under any restraint at that I signed the
same as witness at his request and in his presence, and in the presence
of John C. Brown and that it was executed in 1854, I think
in August
Henry D. Miller
Sworn to and subscribed before me this 4th day of June A.D. 1856
I. Ranney Probate Judge
July 1st 1856 - In the Matter of John Yeates Will
The last Will and Testament of John Yeates late of Delaware
County dec'd was this day produced in open Court and it appearing to the
Court that John C. Brown one of the subscribing witnesses to said Will
resides out of the jurisdiction of said Court at Fulton City, County of
Whiteside, State of Illinois - It is ordered that a commission issue
with said Will annexed to take the deposition of the said John C. Brown
touching the due execution of said Will to be directed to H. C. Fellows Esq
who shall execute the same according to the statute in such cases made
and provided
I. Ranney Probate Judge
July 1st 1856. Probate Court Delaware County State of Ohio
To H. C. Fellows Esq of Fulton City Whiteside County State of Illinois 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 authority to examine and take the deposition of John C. Brown, one
of the subscribing witnessese to the Will of John Yeates dec'd hereto annexed
late of Delaware Tp. in this County.
And therefore we command you that at certain days and places to be ap-
pointed by you, you cause the said John C. Brown to be brought before you, and
then and there examine him on his Corporal oath or affirmation first taken
And that you reduce such examination to writing and return the same together
with this Writ and the said Will of the said John Yeates thereto annexed, closed
up under your seal into our said Court of Probate with all convenient speed.
{Seal} Witness I. Ranney Judge and the Seal of said
Court at Delaware Ohio July 1st 1856
I. Ranney Judge of sd Court
[Corresponds to labeled page 294 of Will Book 3]
294 Last Will and Testament of John Yeates dec'd
State of Ohio Delaware County SS.
I, Henry D. Miller being duly sworn in open Court this 4th day of June
A.D. 1856 depose and say that I was present at the execution of the last
Will and Testament of John Yeates hereto annexed, that I saw the said
testator subscribe said Will, and heard him publish and declare
the same to be his last Will and Testament and that the said testa
tor at the time of executing the same was of full age and of sound
mind and memory and not under any restraint at that I signed the
same as witness at his request and in his presence, and in the presence
of John C. Brown and that it was executed in 1854, I think
in August
Henry D. Miller
Sworn to and subscribed before me this 4th day of June A.D. 1856
I. Ranney Probate Judge
July 1st 1856 - In the Matter of John Yeates Will
The last Will and Testament of John Yeates late of Delaware
County dec'd was this day produced in open Court and it appearing to the
Court that John C. Brown one of the subscribing witnesses to said Will
resides out of the jurisdiction of said Court at Fulton City, County of
Whiteside, State of Illinois - It is ordered that a commission issue
with said Will annexed to take the deposition of the said John C. Brown
touching the due execution of said Will to be directed to H. C. Fellows Esq
who shall execute the same according to the statute in such cases made
and provided
I. Ranney Probate Judge
July 1st 1856. Probate Court Delaware County State of Ohio
To H. C. Fellows Esq of Fulton City Whiteside County State of Illinois 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 authority to examine and take the deposition of John C. Brown, one
of the subscribing witnessese to the Will of John Yeates dec'd hereto annexed
late of Delaware Tp. in this County.
And therefore we command you that at certain days and places to be ap-
pointed by you, you cause the said John C. Brown to be brought before you, and
then and there examine him on his Corporal oath or affirmation first taken
And that you reduce such examination to writing and return the same together
with this Writ and the said Will of the said John Yeates thereto annexed, closed
up under your seal into our said Court of Probate with all convenient speed.
{Seal} Witness I. Ranney Judge and the Seal of said
Court at Delaware Ohio July 1st 1856
I. Ranney Judge of sd Court
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 347)
Description
[Page 347]
[Corresponds with labeled page 295 of Will Book 3]
Last Will and Testament of John Yeates dec'd 295
State of Illinois - Whiteside County SS
Proceedings had before me H. C. Fellows Commissioner appointed by the
Probate Court of Delaware County State of Ohio to take the testimony of John
C. Brown a subscribing witness to the Will of John Yeates late of said County
of Delaware dec'd -
In pursuance of the dedimus hereto annexed personally appeared
before me the said John C. Brown (of lawful age) at my Office in Fulton
City in the County of Whiteside in the State of Illinois on the 23rd day
of July A.D. 1856 who being by me first duly sworn deposeth and says -
I, John C. Brown being duly testified attended at the Office of H. C. Fellows
Esq in Fulton City in said County and State and being duly sworn in
open Court this 23rd day of July A.D. 1856 do say that I was present at the
execution of the last Will and Testament of John Yeates late of Delaware
County Ohio dec'd hereunto annexed, that I saw the said John Yeates, the
testator subscribe said Will and heard him publish and declare the
same to be his last Will and Testament and that the said testator
at the time of executing the same was of full age and of sound disposing
mind and not under any restraint and that I signed the same as Witness
at his requst and in his presence and in the presence of Henry D. Miller
the other subscribing witness thereto -
J. C. Brown
State of Illinois Whiteside County SS.
I Henry C. Fellows do hereby Certify that the above named John C. Brown
was by me first duly sworn to testify the truth, the whole truth and
nothing but the truth, that the testimony by him subscribed was
reduced to writing by me in his presence and by him subscribed in
my presence, and that said testimony was taken in pursuance of
the dedimus hereto annexed -
In witness whereof I have hereunto set my hand and Seal this
23rd day of July A.D. 1856
H. C. Fellows {Seal}
Commissioner
Fee $ 4.00
Pd by J. C. Brown
[Corresponds with labeled page 295 of Will Book 3]
Last Will and Testament of John Yeates dec'd 295
State of Illinois - Whiteside County SS
Proceedings had before me H. C. Fellows Commissioner appointed by the
Probate Court of Delaware County State of Ohio to take the testimony of John
C. Brown a subscribing witness to the Will of John Yeates late of said County
of Delaware dec'd -
In pursuance of the dedimus hereto annexed personally appeared
before me the said John C. Brown (of lawful age) at my Office in Fulton
City in the County of Whiteside in the State of Illinois on the 23rd day
of July A.D. 1856 who being by me first duly sworn deposeth and says -
I, John C. Brown being duly testified attended at the Office of H. C. Fellows
Esq in Fulton City in said County and State and being duly sworn in
open Court this 23rd day of July A.D. 1856 do say that I was present at the
execution of the last Will and Testament of John Yeates late of Delaware
County Ohio dec'd hereunto annexed, that I saw the said John Yeates, the
testator subscribe said Will and heard him publish and declare the
same to be his last Will and Testament and that the said testator
at the time of executing the same was of full age and of sound disposing
mind and not under any restraint and that I signed the same as Witness
at his requst and in his presence and in the presence of Henry D. Miller
the other subscribing witness thereto -
J. C. Brown
State of Illinois Whiteside County SS.
I Henry C. Fellows do hereby Certify that the above named John C. Brown
was by me first duly sworn to testify the truth, the whole truth and
nothing but the truth, that the testimony by him subscribed was
reduced to writing by me in his presence and by him subscribed in
my presence, and that said testimony was taken in pursuance of
the dedimus hereto annexed -
In witness whereof I have hereunto set my hand and Seal this
23rd day of July A.D. 1856
H. C. Fellows {Seal}
Commissioner
Fee $ 4.00
Pd by J. C. Brown
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 348)
Description
[Page 348]
[Corresponds to labeled page 296 of Will Book 3]
296 Last Will and Testament of Mary Jones dec'd
Proceedings had before Hon I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 19th day of July A.D. 1856 and the 7th day of Aug 1856
This day the last Will and testament of Mary Jones
late of Delaware County was produced in open Court and duly proven
by the testimony of Thomas Griffiths and Isaac Curran the subscribing
witnesses thereto (as reduced to writing and filed with said Will) admitted
to Probate and ordered to be recorded as follows -
Copy of Will
Know all men by these presance that Mari Jones doth in his
last Will and testimony give to David Griffith and his Wife a
Lot of land in East Dellaware being Inlot No sixty eight (68) as
will be found in Milo D. Pettibones aditin to the town of Delaware
Recorded on the 27th of March 1854, And that David Griffith Jr
and wife are to have said granted primises with all the
appetunances and privleges to the same belonging unto the said
David Griffith Jr and wife their heirs and asigs forever -
Also that my sister An shall have all my clothing with the
exception of one silk dress that Sarah Jane Griffith Daughter of
David Griffith shall have as his one allso one pare of
Ear-droppers.
Whareas I, Mary Jones on the 8th day of July 1856 maid my last
Will and testimony of that day do hereby declare the following
to be a codicil to the same- i do hereby give and bequeath
to the above mentioned, in witness whereof I have set my hand & Seal
Mary Jones {Seal}
Thomas Griffiths {Seal}
Isaac Curren {Seal}
State of Ohio Delaware County SS.
Thomas Griffiths and Isaac Curren being duly sworn in open Court this
19th day of July A.D. 1856 depose and say we were present at the execution of
the last Will and testament of Mary Jones dec'd hereto annexed, that we
saw the said testator sign said Will and heard her publish and declare
the same to be her last Will and testament; that said testatrix at the
time of executing the same was of sound mind and memory, not acting
under any restraint and of full age. And that we signed the same as
witnesses at her request and in her presence and in the presence of each other
Thomas Griffiths
Isaac Curren
Sworn to and subscribed before me July 19th 1856 by Th's Griffiths
and by Isaac Curren Aug 7th 1856 I. Ranney Probate Judge
[Corresponds to labeled page 296 of Will Book 3]
296 Last Will and Testament of Mary Jones dec'd
Proceedings had before Hon I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 19th day of July A.D. 1856 and the 7th day of Aug 1856
This day the last Will and testament of Mary Jones
late of Delaware County was produced in open Court and duly proven
by the testimony of Thomas Griffiths and Isaac Curran the subscribing
witnesses thereto (as reduced to writing and filed with said Will) admitted
to Probate and ordered to be recorded as follows -
Copy of Will
Know all men by these presance that Mari Jones doth in his
last Will and testimony give to David Griffith and his Wife a
Lot of land in East Dellaware being Inlot No sixty eight (68) as
will be found in Milo D. Pettibones aditin to the town of Delaware
Recorded on the 27th of March 1854, And that David Griffith Jr
and wife are to have said granted primises with all the
appetunances and privleges to the same belonging unto the said
David Griffith Jr and wife their heirs and asigs forever -
Also that my sister An shall have all my clothing with the
exception of one silk dress that Sarah Jane Griffith Daughter of
David Griffith shall have as his one allso one pare of
Ear-droppers.
Whareas I, Mary Jones on the 8th day of July 1856 maid my last
Will and testimony of that day do hereby declare the following
to be a codicil to the same- i do hereby give and bequeath
to the above mentioned, in witness whereof I have set my hand & Seal
Mary Jones {Seal}
Thomas Griffiths {Seal}
Isaac Curren {Seal}
State of Ohio Delaware County SS.
Thomas Griffiths and Isaac Curren being duly sworn in open Court this
19th day of July A.D. 1856 depose and say we were present at the execution of
the last Will and testament of Mary Jones dec'd hereto annexed, that we
saw the said testator sign said Will and heard her publish and declare
the same to be her last Will and testament; that said testatrix at the
time of executing the same was of sound mind and memory, not acting
under any restraint and of full age. And that we signed the same as
witnesses at her request and in her presence and in the presence of each other
Thomas Griffiths
Isaac Curren
Sworn to and subscribed before me July 19th 1856 by Th's Griffiths
and by Isaac Curren Aug 7th 1856 I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 349)
Description
[Page 349]
[Corresponds to labeled page 297 of Will Book 3]
Last Will and Testament of Mary M. Hess dec'd 297
Proceedings had before Hon I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 22nd day of April A.D. 1856.
This day the last Will and testament of Mary M. Hess late
of Delaware County was produced in open Court and duly proven
by the testimony of George Rooney and James Carpenter the subscri
bing witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
I Mary M. Hess of the County of Delaware and State of Ohio do make and
publish this my last Will and testament, In manner & form fowling -
1 It is my Will that my funeral expenses and all of my just debts be
fully paid
2 I give unto David Hess one hundred and forty dollars
3 I give unto George and Mary Page each eighty dollars
4 I give unto Mary Carpenter my new Clock
5 I give unto Nancy L. Rosecrans my black silk Shall and my spotted
Cow and Calf and my large looking glass and chest that it is in -
6 I give unto Johnson Carpenter my clock
7 I give unto Moses C. Carpenter eighty dollars
8 I give unto David I. Carpenter my large Bureau
9 I give unto Mary Sherman and Mary Smith and Mary Page each as
Bed and Beding
10 I give unto Henry Williamson's son George my Muly Cow
11 I give unto Betsy Harroff and Polly Bigelow each one half of my
Dishes and Clothing.
12 I give unto Henry Williamson my old Sow and seven pigs and my
black Cow and three calves -
13 I give unto George Hess my Mare and Colt -
14 I give unto Catherine Stark my accordion
15 I give unto Moses C. Carpenter the balance of my property.
And lastly I appoint Oliver Stark to be Administrator - Who at
her request have sined the same as witness this 7th day of April 1856
George Rooney } Mary M. Hess
Witness
James Carpenter }
State of Ohio Delaware County SS.
We George Rooney and James Carpenter being duly sworn
in open Court this 22nd day of April A.D. 1856 depose and
say that we were present at the execution of the last Will and
testament of Mary M. Hess hereto annexed, that we heard
said testatrix request O. Stark to sign the same and he signed
it in our presence and heard her publish and declare the
same to be her last Will and testament and that the said
[Corresponds to labeled page 297 of Will Book 3]
Last Will and Testament of Mary M. Hess dec'd 297
Proceedings had before Hon I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 22nd day of April A.D. 1856.
This day the last Will and testament of Mary M. Hess late
of Delaware County was produced in open Court and duly proven
by the testimony of George Rooney and James Carpenter the subscri
bing witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
I Mary M. Hess of the County of Delaware and State of Ohio do make and
publish this my last Will and testament, In manner & form fowling -
1 It is my Will that my funeral expenses and all of my just debts be
fully paid
2 I give unto David Hess one hundred and forty dollars
3 I give unto George and Mary Page each eighty dollars
4 I give unto Mary Carpenter my new Clock
5 I give unto Nancy L. Rosecrans my black silk Shall and my spotted
Cow and Calf and my large looking glass and chest that it is in -
6 I give unto Johnson Carpenter my clock
7 I give unto Moses C. Carpenter eighty dollars
8 I give unto David I. Carpenter my large Bureau
9 I give unto Mary Sherman and Mary Smith and Mary Page each as
Bed and Beding
10 I give unto Henry Williamson's son George my Muly Cow
11 I give unto Betsy Harroff and Polly Bigelow each one half of my
Dishes and Clothing.
12 I give unto Henry Williamson my old Sow and seven pigs and my
black Cow and three calves -
13 I give unto George Hess my Mare and Colt -
14 I give unto Catherine Stark my accordion
15 I give unto Moses C. Carpenter the balance of my property.
And lastly I appoint Oliver Stark to be Administrator - Who at
her request have sined the same as witness this 7th day of April 1856
George Rooney } Mary M. Hess
Witness
James Carpenter }
State of Ohio Delaware County SS.
We George Rooney and James Carpenter being duly sworn
in open Court this 22nd day of April A.D. 1856 depose and
say that we were present at the execution of the last Will and
testament of Mary M. Hess hereto annexed, that we heard
said testatrix request O. Stark to sign the same and he signed
it in our presence and heard her publish and declare the
same to be her last Will and testament and that the said
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 350)
Description
[Page 350]
[Corresponds to labeled page 298 of Will Book 3]
298 Last Will and Testament of Thomas Morton dec'd
testatrix at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at her request and in
her presence and in the presence of each other
George Rooney
James Carpenter
Sworn to and subscribed before me this 22nd day of April A.D. 1856
I. Ranney Probate Judge
________________________________________________________________
Last Will and Testament of Thomas Morton dec'd
Proceedings had before Hon I. Raney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 16th day of August A.D. 1856
This day the last Will and Testament of Thomas Morton
late of Radnor Township Delaware County was produced in open Court
and duly proven by the testimony of John B. Jones and John
Baker the subscribing witnesses thereto (as reduced to writing
and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of all - I, Thomas Morton
of Radnor Township Delaware County State of Ohio do make and
publish this my last Will and Testament.
Item 1st I give and devise to my Daughter Ann Morton two hundred
and sixty eight dollars to be paid to the said Ann Morton out of a
note of hand that I now hold against Morris D. Morton, the said
note will be due on the 10th day of July A.D. 1857. All my just
debts and funeral expenses must be paid out of the said note.
Item 2nd I give and devise to my daughter Ann Morton all the
household goods & furniture at the time of my decease -
Item 3rd I give and devise to my son Thomas Morton Jr. twenty five cents
Item 4th I give and devise to my son Morris D. Morton twenty five cents
Item 5th I give and devise to my daughter Catherine Evans twenty five cents
Item 6th I give and devise to my daughter Frances Davies twenty five cents
I do hereby revoke all former Wills by me made. In testimony whereof
I have hereunto set my hand and seal this 17th day of Nov'r in the year
of our Lord one thousand eight hundred and fifty one -
Signed and acknowledged by said Thomas } Thomas Morton {Seal}
Morton as his last Will and Testament in }
our presnece and signed by us in his }
presence -
John B. Jones
John Baker
[Corresponds to labeled page 298 of Will Book 3]
298 Last Will and Testament of Thomas Morton dec'd
testatrix at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at her request and in
her presence and in the presence of each other
George Rooney
James Carpenter
Sworn to and subscribed before me this 22nd day of April A.D. 1856
I. Ranney Probate Judge
________________________________________________________________
Last Will and Testament of Thomas Morton dec'd
Proceedings had before Hon I. Raney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 16th day of August A.D. 1856
This day the last Will and Testament of Thomas Morton
late of Radnor Township Delaware County was produced in open Court
and duly proven by the testimony of John B. Jones and John
Baker the subscribing witnesses thereto (as reduced to writing
and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of all - I, Thomas Morton
of Radnor Township Delaware County State of Ohio do make and
publish this my last Will and Testament.
Item 1st I give and devise to my Daughter Ann Morton two hundred
and sixty eight dollars to be paid to the said Ann Morton out of a
note of hand that I now hold against Morris D. Morton, the said
note will be due on the 10th day of July A.D. 1857. All my just
debts and funeral expenses must be paid out of the said note.
Item 2nd I give and devise to my daughter Ann Morton all the
household goods & furniture at the time of my decease -
Item 3rd I give and devise to my son Thomas Morton Jr. twenty five cents
Item 4th I give and devise to my son Morris D. Morton twenty five cents
Item 5th I give and devise to my daughter Catherine Evans twenty five cents
Item 6th I give and devise to my daughter Frances Davies twenty five cents
I do hereby revoke all former Wills by me made. In testimony whereof
I have hereunto set my hand and seal this 17th day of Nov'r in the year
of our Lord one thousand eight hundred and fifty one -
Signed and acknowledged by said Thomas } Thomas Morton {Seal}
Morton as his last Will and Testament in }
our presnece and signed by us in his }
presence -
John B. Jones
John Baker
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 351)
Description
[Page 351]
[Corresponds to labeled page 299 of Will Book 3]
Last Will and Testament of Thomas Morton 299
State of Ohio Delaware County SS
We John Jones and John Baker being duly sworn in open Court
this 16th day of August A.D. 1856 depose and say that we were
present at the execution of the last Will and testament of Thomas
Morton hereto annexed that we saw the said testator subscribe
said Will and heard him publish and declare the same to
be his last Will and Testament, and that the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other -
John B. Jones
John Baker
Sworn to and subscribed before me this 16th day of August A.D. 1856
I. Ranney Probate Judge
________________________________________________________
Last Will and Testament of Aaron R. Harrison dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 18th day of October A.D. 1856.
This day the last Will and Testament of Aaron R.
Harrison late of Porter Township Delaware County was produced
in open Court and duly proven by the testimony of Samuel D.
Potter one of the subscribing witnesses thereto and A. J. Smith
witness to prove the signature of Ahab Jinks another subscribing
witness since dec'd to be genuine (as reduced to writing and filed
with said Will) admitted to Probate and ordered to be recorded
as follows -
Copy of Will
In the name of God, Amen
I Aaron R. Harrison of the Township of Porter
in the County of Delaware and State of Ohio, being of sound
mind memory and understanding, thanks 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 I commend my
boddy to the Earth in hope of a resurection and my soul to
God who gave it. And as touching my Earthly substence with which
it has pleased God to bless me in this life. First it is my will
that all my funeral expenses be paid and all my just and lawful
debts. And secondly I give and bequeath to my wife Mary Harrison
for and during the period of her lifetime, the use and occupancy of
the Farm on which we now reside situated in said Porter Township
Delaware County and State of Ohio and also so much of my
[Corresponds to labeled page 299 of Will Book 3]
Last Will and Testament of Thomas Morton 299
State of Ohio Delaware County SS
We John Jones and John Baker being duly sworn in open Court
this 16th day of August A.D. 1856 depose and say that we were
present at the execution of the last Will and testament of Thomas
Morton hereto annexed that we saw the said testator subscribe
said Will and heard him publish and declare the same to
be his last Will and Testament, and that the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other -
John B. Jones
John Baker
Sworn to and subscribed before me this 16th day of August A.D. 1856
I. Ranney Probate Judge
________________________________________________________
Last Will and Testament of Aaron R. Harrison dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 18th day of October A.D. 1856.
This day the last Will and Testament of Aaron R.
Harrison late of Porter Township Delaware County was produced
in open Court and duly proven by the testimony of Samuel D.
Potter one of the subscribing witnesses thereto and A. J. Smith
witness to prove the signature of Ahab Jinks another subscribing
witness since dec'd to be genuine (as reduced to writing and filed
with said Will) admitted to Probate and ordered to be recorded
as follows -
Copy of Will
In the name of God, Amen
I Aaron R. Harrison of the Township of Porter
in the County of Delaware and State of Ohio, being of sound
mind memory and understanding, thanks 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 I commend my
boddy to the Earth in hope of a resurection and my soul to
God who gave it. And as touching my Earthly substence with which
it has pleased God to bless me in this life. First it is my will
that all my funeral expenses be paid and all my just and lawful
debts. And secondly I give and bequeath to my wife Mary Harrison
for and during the period of her lifetime, the use and occupancy of
the Farm on which we now reside situated in said Porter Township
Delaware County and State of Ohio and also so much of my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 352)
Description
[Page 352]
[Corresponds to labeled page 300 of Will Book 3]
300 Last Will and Testament of Aaron Harrison dec'd
personal property as she may choose to keep on said farm for
her own use during her lifetime if she chooses to keep the same
instead of her thirds or right of Dower and also such other
articles of household goods an Chattels as she may wish not
to keep upon said Farm for her own use to be disposed of by
my Executors as hereinafter directed
And I do bequeath to Aaron H. Green and William Green
sons of my Daughter Belinda dec'd late wife of Gilbert Green
the amount of a Note given to me by said Gilbert Green their
Father which sd Note calls for one hundred Dollars with int-
erest thereon from its date viz January first in the year of
our Lord one thousand eight hundred and thirty four, and
fifty Dollars in addition to the Note aforesaid to be divided
equally between them when they arrive to the age of twenty
one years - And I do give and bequeath to my daughter
Phebe formerly wife of Lewis Perry and now wife of Ebenezer
C. Noe the sum of four hundred dollars in which said sum
is included and making a part of it, an account and Notes
which I hold against her amounting to one hundred and
sixty six Dollars the ballence two hundred and thirty four
Dollars to be paid to her within one year by my executors
after my decease.
And I do give and bequeath to my daughter Margaret
Wigton wife of Zachariah R. Wigton the sum of four hundred
dollars including a Note I hold against her said husband
of one hundred and six Dollars and making a part of the
amount given sd Note is dated Feb'r 9th eighteen hundred and
fifty three: the Ballence to be paid by my executors one year after
my decease -
And I do give and bequeath to my unfortunate daughter
Maria who is now incapable of doing any buisiness, or of providing
for herself a living her comfortable maintainence out of my Estate
by my executors during her lifetime; or if in the providence of
God she is restored to her reson and judgment so as to become
capable of doing buisiness and supporting herself, then and in this
case I give and bequeath to her the sum of five hundred and
ten Dollars to be paid to her by my executors when she has so
recovered as aforesaid.
And I do give and bequeath to my Daughter Hannah Elizabeth
wife of Joel W. Foot the sum of five hundred and ten Dollars
including the amount I have charged to her sd husband for house-
hold goods, and making a part of the sd sum of five hundred
and ten Dollars bequeathed, and amounting to one hundred and
ten Dollars: and the ballance four hundred Dollars to be paid
one year afer my decease by my executors.
[Corresponds to labeled page 300 of Will Book 3]
300 Last Will and Testament of Aaron Harrison dec'd
personal property as she may choose to keep on said farm for
her own use during her lifetime if she chooses to keep the same
instead of her thirds or right of Dower and also such other
articles of household goods an Chattels as she may wish not
to keep upon said Farm for her own use to be disposed of by
my Executors as hereinafter directed
And I do bequeath to Aaron H. Green and William Green
sons of my Daughter Belinda dec'd late wife of Gilbert Green
the amount of a Note given to me by said Gilbert Green their
Father which sd Note calls for one hundred Dollars with int-
erest thereon from its date viz January first in the year of
our Lord one thousand eight hundred and thirty four, and
fifty Dollars in addition to the Note aforesaid to be divided
equally between them when they arrive to the age of twenty
one years - And I do give and bequeath to my daughter
Phebe formerly wife of Lewis Perry and now wife of Ebenezer
C. Noe the sum of four hundred dollars in which said sum
is included and making a part of it, an account and Notes
which I hold against her amounting to one hundred and
sixty six Dollars the ballence two hundred and thirty four
Dollars to be paid to her within one year by my executors
after my decease.
And I do give and bequeath to my daughter Margaret
Wigton wife of Zachariah R. Wigton the sum of four hundred
dollars including a Note I hold against her said husband
of one hundred and six Dollars and making a part of the
amount given sd Note is dated Feb'r 9th eighteen hundred and
fifty three: the Ballence to be paid by my executors one year after
my decease -
And I do give and bequeath to my unfortunate daughter
Maria who is now incapable of doing any buisiness, or of providing
for herself a living her comfortable maintainence out of my Estate
by my executors during her lifetime; or if in the providence of
God she is restored to her reson and judgment so as to become
capable of doing buisiness and supporting herself, then and in this
case I give and bequeath to her the sum of five hundred and
ten Dollars to be paid to her by my executors when she has so
recovered as aforesaid.
And I do give and bequeath to my Daughter Hannah Elizabeth
wife of Joel W. Foot the sum of five hundred and ten Dollars
including the amount I have charged to her sd husband for house-
hold goods, and making a part of the sd sum of five hundred
and ten Dollars bequeathed, and amounting to one hundred and
ten Dollars: and the ballance four hundred Dollars to be paid
one year afer my decease by my executors.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 353)
Description
[Page 353]
[Corresponds to labeled page 301 of Will Book 3]
Last Will and Testament of Aaron R. Harrison dec'd 301
And all other parts of my Estate whatsoever which may re-
main unexpended in the bequests aforesaid and such as may
be left at the decease of my wife aforesaid, I do give and bequeath
to my two sons George L. Harrison and Zenas Harrison to be
equally divided and shared between them.
And I do hereby Nominate and appoint the aforesaid George
L. Harrison and Zenas Harrison executors of this my last will
and Testament hereby autherizing them and empowering them
to compromise and adjust, release, and discharge in such manner
as they may deem proper the debts and claims due to me.
And I do autherize and empower them if it be found
necessary in order to pay my debts or the stipulations of this
my last will and Testament to sell by private sale or in
such manner and upon such terms of credit or otherwise as
they may think proper all or any part of my real Estate.
and to give Deeds to purchasers and to execute and acknowledge
and deliver in fee simple -
I do hereby revoke all former wills by me executed or
made ratifying only this my last will and Testament and
no other
In testimony whereof I have hereunto set my hand
and seal this fourth day of July in the year of our Lord one
thousand eight hundred and fifty three.
Aaron R. Harrison {Seal}
Signed and acknowledged by the said Aaron R. Harrison
as his last will and Testament in our presence and signed
by each of us in his presence and by his request.
Ahab Jinks
Gilbert Potter his X mark
Samuel D. Potter
Mary Harrison her X mark
Hannah E. Foot
George L. Harrison
Oct 6th 1856 In the Matter of Aaron R. Harrison's Will -
The last Will and Testament of Aaron R. Harrison late of Delaware
County dec'd was this day produced in open Court and it appearing that
Samuel D. Potter one of the subscribing witnesses to said Will resides
out of the jurisdiction of said Court at Jones County State of Iowa
It is ordered that a Commission issue with said Will annexed to
take the deposition of the said Sam'l D. Potter touching the due execution
of said Will to be directed to David Bumgadner Esq who shall execute
the same according to statute in such cases made and provided
I. Ranney Probate Judge
[Corresponds to labeled page 301 of Will Book 3]
Last Will and Testament of Aaron R. Harrison dec'd 301
And all other parts of my Estate whatsoever which may re-
main unexpended in the bequests aforesaid and such as may
be left at the decease of my wife aforesaid, I do give and bequeath
to my two sons George L. Harrison and Zenas Harrison to be
equally divided and shared between them.
And I do hereby Nominate and appoint the aforesaid George
L. Harrison and Zenas Harrison executors of this my last will
and Testament hereby autherizing them and empowering them
to compromise and adjust, release, and discharge in such manner
as they may deem proper the debts and claims due to me.
And I do autherize and empower them if it be found
necessary in order to pay my debts or the stipulations of this
my last will and Testament to sell by private sale or in
such manner and upon such terms of credit or otherwise as
they may think proper all or any part of my real Estate.
and to give Deeds to purchasers and to execute and acknowledge
and deliver in fee simple -
I do hereby revoke all former wills by me executed or
made ratifying only this my last will and Testament and
no other
In testimony whereof I have hereunto set my hand
and seal this fourth day of July in the year of our Lord one
thousand eight hundred and fifty three.
Aaron R. Harrison {Seal}
Signed and acknowledged by the said Aaron R. Harrison
as his last will and Testament in our presence and signed
by each of us in his presence and by his request.
Ahab Jinks
Gilbert Potter his X mark
Samuel D. Potter
Mary Harrison her X mark
Hannah E. Foot
George L. Harrison
Oct 6th 1856 In the Matter of Aaron R. Harrison's Will -
The last Will and Testament of Aaron R. Harrison late of Delaware
County dec'd was this day produced in open Court and it appearing that
Samuel D. Potter one of the subscribing witnesses to said Will resides
out of the jurisdiction of said Court at Jones County State of Iowa
It is ordered that a Commission issue with said Will annexed to
take the deposition of the said Sam'l D. Potter touching the due execution
of said Will to be directed to David Bumgadner Esq who shall execute
the same according to statute in such cases made and provided
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 354)
Description
[Page 354]
[Corresponds to labeled page 302 of Will Book 3]
302 Last Will and Testament of Aaron R. Harrison dec'd
Probate Court Delaware County Ohio Oct 6th 1856
To David Bumgardner Esq of Jones County Iowa - 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 authority to examine and take the
deposition of Samuel D. Poter one of the subscribing witnesses
to the Will of Aaron R. Harrison dec'd hereto annexed late of
Porter Township in said County of Delaware -
And therefore we command you that at certain days
and places to be appointed by you you cause the said Samuel
D. Potter to be brought before you, and then and there examine
him on his corporal oath or affirmation first taken before
you touching the due execution of said Will of the said
Aaron R. Harrison, and that you reduce such examination to
writing and return the same together with this writ and the
said Will of the said Aaron R. Harrison thereto annexed,
closed up under your seal into our said Court of Probate
with all convenient speed -
Witness I Ranney Judge and the seal of
{Seal} said Court at Delaware Ohio Oct 6th 1856
I. Ranney Probate Judge
State of Iowa Jones County SS.
Proceedings held before me David Bumgardner Commissioner
appointed by the Probte Judge of Delaware County and State
of Ohio to take the testimony of Samuel D. Potter a subscribing
witness to the Will of Aaron R. Harrison late of said County
of Delaware - Deceased - In pursuance of the dedimus hereto
annexed personaly appeared before me the said Samuel D.
Potter of lawful age at my residence in the said County of
Jones in the State of Iowa on this 18th day of October A.D. 1856
who being by me first duly sworn deposeth and saith -
I Samuel D. Potter of the County of Jones in the State of
Iowa being duly sworn depose and say that I was present
at the execution of the last Will and Testament of Aaron R.
Harrison late of Delaware County and State of Ohio - Deceased -
hereto annexed, that I saw the said Aaron R. Harrison the testator
subscribe said Will and heard him publish and declare the
same to be his last Will and Testament and that said testator
at the time of executing the same was of full age and of sound
and disposing mind and memory and not under any restraint
and that I signed the same as a witness at his request and
in his presence and in the presence of Ahab Jinks and Gilbert Potter the other sub-
scibing witnesses thereto who subscribed the same in my presence -
Samuel D. Potter -
[Corresponds to labeled page 302 of Will Book 3]
302 Last Will and Testament of Aaron R. Harrison dec'd
Probate Court Delaware County Ohio Oct 6th 1856
To David Bumgardner Esq of Jones County Iowa - 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 authority to examine and take the
deposition of Samuel D. Poter one of the subscribing witnesses
to the Will of Aaron R. Harrison dec'd hereto annexed late of
Porter Township in said County of Delaware -
And therefore we command you that at certain days
and places to be appointed by you you cause the said Samuel
D. Potter to be brought before you, and then and there examine
him on his corporal oath or affirmation first taken before
you touching the due execution of said Will of the said
Aaron R. Harrison, and that you reduce such examination to
writing and return the same together with this writ and the
said Will of the said Aaron R. Harrison thereto annexed,
closed up under your seal into our said Court of Probate
with all convenient speed -
Witness I Ranney Judge and the seal of
{Seal} said Court at Delaware Ohio Oct 6th 1856
I. Ranney Probate Judge
State of Iowa Jones County SS.
Proceedings held before me David Bumgardner Commissioner
appointed by the Probte Judge of Delaware County and State
of Ohio to take the testimony of Samuel D. Potter a subscribing
witness to the Will of Aaron R. Harrison late of said County
of Delaware - Deceased - In pursuance of the dedimus hereto
annexed personaly appeared before me the said Samuel D.
Potter of lawful age at my residence in the said County of
Jones in the State of Iowa on this 18th day of October A.D. 1856
who being by me first duly sworn deposeth and saith -
I Samuel D. Potter of the County of Jones in the State of
Iowa being duly sworn depose and say that I was present
at the execution of the last Will and Testament of Aaron R.
Harrison late of Delaware County and State of Ohio - Deceased -
hereto annexed, that I saw the said Aaron R. Harrison the testator
subscribe said Will and heard him publish and declare the
same to be his last Will and Testament and that said testator
at the time of executing the same was of full age and of sound
and disposing mind and memory and not under any restraint
and that I signed the same as a witness at his request and
in his presence and in the presence of Ahab Jinks and Gilbert Potter the other sub-
scibing witnesses thereto who subscribed the same in my presence -
Samuel D. Potter -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 355)
Description
[Page 355]
[Corresponds to labeled page 303 of Will Book 3]
Last Will and Testament of Aaron R. Harrison dec'd 303
The State of Iowa Jones County SS.
I David Bumgardner do hereby certify that the above named
Samuel D. Potter was by me first duly sworn to testify the
truth the whole truth and nothing but the truth, that the tes-
timony by him subscribed was reduced to writing by me in his
presence and that said testimony was taken in pursuance
of the dedimus hereto annexed -
In witness whereof I have hereto set my hand
and seal this 15th day of October 1856
David Bumgardner {Seal}
Commissioner
State of Ohio Delaware County SS.
A. J. Smith being duly sworn in open Court deposes and says he
was well acquainted with the handwriting of Ahab Jinks dec'd
in his lifetime, that he has seen him write his name and is
well satisfied the signature as witnessed by said Ahab
Jinks dec'd to the Will of Aaron R. Harrison dec'd hereto
annexed is genuine -
A. J. Smith
Sworn to and subscribed before me in open Court Oct 11th 1856
I. Ranney Probate Judge -
[Corresponds to labeled page 303 of Will Book 3]
Last Will and Testament of Aaron R. Harrison dec'd 303
The State of Iowa Jones County SS.
I David Bumgardner do hereby certify that the above named
Samuel D. Potter was by me first duly sworn to testify the
truth the whole truth and nothing but the truth, that the tes-
timony by him subscribed was reduced to writing by me in his
presence and that said testimony was taken in pursuance
of the dedimus hereto annexed -
In witness whereof I have hereto set my hand
and seal this 15th day of October 1856
David Bumgardner {Seal}
Commissioner
State of Ohio Delaware County SS.
A. J. Smith being duly sworn in open Court deposes and says he
was well acquainted with the handwriting of Ahab Jinks dec'd
in his lifetime, that he has seen him write his name and is
well satisfied the signature as witnessed by said Ahab
Jinks dec'd to the Will of Aaron R. Harrison dec'd hereto
annexed is genuine -
A. J. Smith
Sworn to and subscribed before me in open Court Oct 11th 1856
I. Ranney Probate Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 356)
Description
[Page 356]
[Corresponds to labeled page 304 of Will Book 3]
304 Last Will and Testament of Dorsey Mason dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his Office in
the Town of Delaware on the 20th day of October 1856
This day the last Will and Testament of Dorsey
Mason dec'd late of Oxford Township Delaware County was
produced in open Court and duly proven by the testimony
of L. B. Morehouse and Benjamin Martin Jr. the subscribing
witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all -
I Dorsey Mason of Oxford Tp. Delaware County Ohio
Do make and publish this my last will and testimony -
Item 1st I give and devise to my beloved wife in lieu of her
Dower the farm on which we now reside containing about
twenty two (22 1/2) acres with the sawmill and all the privilages
and appertainence thereunto belonging situated in Oxford Tp. D.C.
and also fifty acres of land lying in Peru Township Morrow
County Ohio, for further discription refur to the deed of said
farm made by Samuel Herauerlan to me Dorsey Mason and
also the old farm on which we formerly resided containing about
47 1/2 or 50 acres more or less situated in Oxford Township Delaware
County Ohio - And all the stock, household goods, furniture
provision and other goods and chattles. In fact my intire Estate
both real and personal which I may be possessed of at my
death during her natural lifetime or as long as she remains
my widow she however useing or disposing of the same for the
purpos rearing and supporting my minor heirs -
She also however selling so much thereof as will be sufficient
to pay my Just Debts -
At the death of my wife or at her marriage I want the
Real Estate aforesaid divided Equal between my four sons -
Isaac Mason Benton Mason Jesse Mason Tarleton Mason or
their heirs if however Either of my sons should die and leave
no heir then the real Estate to be Equally divided between the
three or surviving ones My four sons however or such as that
live to take possession of the real Estate paying to each of my
Eight dughtars Lcynth Mainow Mallissa Mason Emmarilla
Mason Amelia I. Mason Margaret Mason Caroline Mason Hannah
Mason Laura Mason the sum of two hundred and thirty three
dollars each to be paid within one year after they or Each or
any one of them shall arive at the age of 18 year or such
of my dughtars as shal be of the age of 18 years shal not
[Corresponds to labeled page 304 of Will Book 3]
304 Last Will and Testament of Dorsey Mason dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his Office in
the Town of Delaware on the 20th day of October 1856
This day the last Will and Testament of Dorsey
Mason dec'd late of Oxford Township Delaware County was
produced in open Court and duly proven by the testimony
of L. B. Morehouse and Benjamin Martin Jr. the subscribing
witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all -
I Dorsey Mason of Oxford Tp. Delaware County Ohio
Do make and publish this my last will and testimony -
Item 1st I give and devise to my beloved wife in lieu of her
Dower the farm on which we now reside containing about
twenty two (22 1/2) acres with the sawmill and all the privilages
and appertainence thereunto belonging situated in Oxford Tp. D.C.
and also fifty acres of land lying in Peru Township Morrow
County Ohio, for further discription refur to the deed of said
farm made by Samuel Herauerlan to me Dorsey Mason and
also the old farm on which we formerly resided containing about
47 1/2 or 50 acres more or less situated in Oxford Township Delaware
County Ohio - And all the stock, household goods, furniture
provision and other goods and chattles. In fact my intire Estate
both real and personal which I may be possessed of at my
death during her natural lifetime or as long as she remains
my widow she however useing or disposing of the same for the
purpos rearing and supporting my minor heirs -
She also however selling so much thereof as will be sufficient
to pay my Just Debts -
At the death of my wife or at her marriage I want the
Real Estate aforesaid divided Equal between my four sons -
Isaac Mason Benton Mason Jesse Mason Tarleton Mason or
their heirs if however Either of my sons should die and leave
no heir then the real Estate to be Equally divided between the
three or surviving ones My four sons however or such as that
live to take possession of the real Estate paying to each of my
Eight dughtars Lcynth Mainow Mallissa Mason Emmarilla
Mason Amelia I. Mason Margaret Mason Caroline Mason Hannah
Mason Laura Mason the sum of two hundred and thirty three
dollars each to be paid within one year after they or Each or
any one of them shall arive at the age of 18 year or such
of my dughtars as shal be of the age of 18 years shal not
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 357)
Description
[Page 357]
[Corresponds to labeled page 305 of Will Book 3]
Last Will and Testament of Dorsey Mason dec'd 305
be intitled to demand of my sons but the sum of one hundred
dollars each within one year after they shal have come
in possession of the Real Estate and one hundred and
thirty three dollars in two years from that time
I do hereby nominate and appoint my wife Guardian
of my minor children but in case my wife should again
marry her Guardianship of said children shal ceas and
determin upon her marriage.
I do hereby nominate and appoint my friend David
Sherwood and my son Isaac Mason Executors of this my
last will and testimony and hereby authorize and impower
them to compromise and adjust releas and discharge in
such manner as they may deem proper the debts and claims
due me. I do also authorize and impower them if it
shall 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 personal or real Estate and deeds to purchasers to
Execute acknowledge and deliver in fee simple
I desire that no appraisment and no sale of my
personal property be made and that the Court of Probate
direct the omission of the same in pursuance of the statute -
I do hereby revoke all former wills by made -
In testimony whereof I have hereunto set my hand
and seal this tenth day of September in the 1856
Dorsey Mason {Seal}
Signed and acknowledge by said Dorsey Mason as his
last will and testimony in our presence and signed
by us in his presence -
L. B. Morehouse
Benj' Martin Jr -
State of Ohio Delaware County SS.
We L. B. Morehouse and Benjamin Martin Jr being duly sworn in
open Court this 20th day of October A.D. 1856 depose and say that we were
present at the execution of the last Will and Testament of Dorsey Mason dec'd
hereto annexed, that we saw the said testator subscribe said will by the
hand of L. B. Morehouse who wrote testators name at his request and heard
him publish and declare the same to be his last will and testament and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory and not under any restraint and
that we signed the same as witnesses at his request and in his presence
and in the presence of each other - L. B. Morehouse
Benj' Martin Jr -
Sworn to and subscribed before me this 20th day of October A.D. 1856
I. Ranney Probate Judge -
[Corresponds to labeled page 305 of Will Book 3]
Last Will and Testament of Dorsey Mason dec'd 305
be intitled to demand of my sons but the sum of one hundred
dollars each within one year after they shal have come
in possession of the Real Estate and one hundred and
thirty three dollars in two years from that time
I do hereby nominate and appoint my wife Guardian
of my minor children but in case my wife should again
marry her Guardianship of said children shal ceas and
determin upon her marriage.
I do hereby nominate and appoint my friend David
Sherwood and my son Isaac Mason Executors of this my
last will and testimony and hereby authorize and impower
them to compromise and adjust releas and discharge in
such manner as they may deem proper the debts and claims
due me. I do also authorize and impower them if it
shall 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 personal or real Estate and deeds to purchasers to
Execute acknowledge and deliver in fee simple
I desire that no appraisment and no sale of my
personal property be made and that the Court of Probate
direct the omission of the same in pursuance of the statute -
I do hereby revoke all former wills by made -
In testimony whereof I have hereunto set my hand
and seal this tenth day of September in the 1856
Dorsey Mason {Seal}
Signed and acknowledge by said Dorsey Mason as his
last will and testimony in our presence and signed
by us in his presence -
L. B. Morehouse
Benj' Martin Jr -
State of Ohio Delaware County SS.
We L. B. Morehouse and Benjamin Martin Jr being duly sworn in
open Court this 20th day of October A.D. 1856 depose and say that we were
present at the execution of the last Will and Testament of Dorsey Mason dec'd
hereto annexed, that we saw the said testator subscribe said will by the
hand of L. B. Morehouse who wrote testators name at his request and heard
him publish and declare the same to be his last will and testament and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory and not under any restraint and
that we signed the same as witnesses at his request and in his presence
and in the presence of each other - L. B. Morehouse
Benj' Martin Jr -
Sworn to and subscribed before me this 20th day of October A.D. 1856
I. Ranney Probate Judge -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 358)
Description
[Page 358]
[Corresopnds to labeled page 306 of Will Book 3]
306 Last Will and Testament of Benaval Brownmiller dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 23rd day of September A.D. 1856
This day the last Will and Testament of Benaval Brown-
miller dec'd late of Delaware County was produced in open Court
and duly proven by the testimony of John Cunningham and
Reuben Breyfogle the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the name of the benevolent Father of all
I Benaval Brownmiller of the County of Delaware do
make and publish this my last will and Testament in manner
and form following.
First I hereby authorize my Executors to sell so much of my stock
and personal property as can be well spared from my family, and
so much of the lands as may be necessary to pay all my debts and
funeral expenses and costs of administration.
2nd I give and bequeath all the balance of my personal property
and effects to my beloved wife for the support of her and my
children one year -
3rd I givine & bequeath to my wife the use of all the lands I am
posessed of for the support of herself and my children untill the
youngest child becomes of age or so long as she remains my widow
and should she marry I wish her to hold one third during her
natural life -
4th When my youngest child becomes of age it is my will that
one hundred dollars be given from the proceeds of my lands to the
missionary society of the Methodist episcopal church to wit, fifty
dollars to the forrin mission and fifty dollars to the home
mission society -
5th The balance of my lands to be equally divided among each of my
surviving children -
6th I hereby constitute and apoint Samuel Findley my Executor
to execute this my last will and testament -
Executed this 15th day of Sept. A.D. 1856 - In presence of
John Cunningham
Reuben Breyfogle
B. Brownmiller { }
[Corresopnds to labeled page 306 of Will Book 3]
306 Last Will and Testament of Benaval Brownmiller dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 23rd day of September A.D. 1856
This day the last Will and Testament of Benaval Brown-
miller dec'd late of Delaware County was produced in open Court
and duly proven by the testimony of John Cunningham and
Reuben Breyfogle the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the name of the benevolent Father of all
I Benaval Brownmiller of the County of Delaware do
make and publish this my last will and Testament in manner
and form following.
First I hereby authorize my Executors to sell so much of my stock
and personal property as can be well spared from my family, and
so much of the lands as may be necessary to pay all my debts and
funeral expenses and costs of administration.
2nd I give and bequeath all the balance of my personal property
and effects to my beloved wife for the support of her and my
children one year -
3rd I givine & bequeath to my wife the use of all the lands I am
posessed of for the support of herself and my children untill the
youngest child becomes of age or so long as she remains my widow
and should she marry I wish her to hold one third during her
natural life -
4th When my youngest child becomes of age it is my will that
one hundred dollars be given from the proceeds of my lands to the
missionary society of the Methodist episcopal church to wit, fifty
dollars to the forrin mission and fifty dollars to the home
mission society -
5th The balance of my lands to be equally divided among each of my
surviving children -
6th I hereby constitute and apoint Samuel Findley my Executor
to execute this my last will and testament -
Executed this 15th day of Sept. A.D. 1856 - In presence of
John Cunningham
Reuben Breyfogle
B. Brownmiller { }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 359)
Description
[Page 359]
[Corresponds to labeled page 307 of Will Book 3]
Last Will and Testament of Beneval Brownmiller dec'd 307
State of Ohio Delaware County SS.
We John Cunningham and Reuben Breyfogle being duly sworn
in open Court this 23rd day of September A.D. 1856 depose and say
that we were present at the execution of the last Will and testament
of Benevill Brownmiller hereto annexed, that we saw the said
testator subscribe by requesting John Cunningham to sign his name
to said will, and heard him publish and declare the same
to be his last will and testament, and that the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint, and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other -
John Cunningham
Reuben Breyfogel
Sworn to and subscribed before me this 23rd day of Sept. A.D. 1856
I. Ranney Probate Judge
________________________________________________________________
Last Will and Testament of Orison Hill dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 16th day of September A.D. 1856
This day the last will and testament of Orison Hill dec'd
late of Delaware County was produced in open Court and duly proven
by the testimony of D. Howell and Isaac Butt the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent Father of all.
I Orison Hill of the County of Delaware do make and publish
this my last Will and Testament.
First, it is my will that my just debts & all charges be paid out
of my Estate
Item I give and devise all the residue of my Estate to Elizabeth
Ann my wife to be to her and to her heirs forever -
Item 2nd I apoint and make W. T. Watson Executor of this my last
Will and Testament -
In testimony whereof I have hereunto set my hand and seal this
12th day of September A.D. 1856
his
Orison X Hill {Seal}
mark
[Corresponds to labeled page 307 of Will Book 3]
Last Will and Testament of Beneval Brownmiller dec'd 307
State of Ohio Delaware County SS.
We John Cunningham and Reuben Breyfogle being duly sworn
in open Court this 23rd day of September A.D. 1856 depose and say
that we were present at the execution of the last Will and testament
of Benevill Brownmiller hereto annexed, that we saw the said
testator subscribe by requesting John Cunningham to sign his name
to said will, and heard him publish and declare the same
to be his last will and testament, and that the said testator
at the time of executing the same was of full age and of sound
mind and memory and not under any restraint, and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other -
John Cunningham
Reuben Breyfogel
Sworn to and subscribed before me this 23rd day of Sept. A.D. 1856
I. Ranney Probate Judge
________________________________________________________________
Last Will and Testament of Orison Hill dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 16th day of September A.D. 1856
This day the last will and testament of Orison Hill dec'd
late of Delaware County was produced in open Court and duly proven
by the testimony of D. Howell and Isaac Butt the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent Father of all.
I Orison Hill of the County of Delaware do make and publish
this my last Will and Testament.
First, it is my will that my just debts & all charges be paid out
of my Estate
Item I give and devise all the residue of my Estate to Elizabeth
Ann my wife to be to her and to her heirs forever -
Item 2nd I apoint and make W. T. Watson Executor of this my last
Will and Testament -
In testimony whereof I have hereunto set my hand and seal this
12th day of September A.D. 1856
his
Orison X Hill {Seal}
mark
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 360)
Description
[Page 360]
[Corresponds to labeled page 308 of Will Book 3]
308 Last Will and Testament of Orison Hill dec'd
Signed and acknowledged by said Orison Hill as his last Will
and Testament in our presence and signed by us in his presence
Attest
D. Howell
Isaac Butt
Whereas I, Orison Hill on this day made my
last Will and Testament, do hereby declare the following to be a
Codicil to the same. I do hereby give and bequeath to Orison
Green Hill Fifteen Dollars.
In witness whereof I have hereunto set my hand and
seal this 12th day of September A.D. 1856
his
D. Howell Orison X Hill {Seal}
Isaac Butt mark
State of Ohio Delaware County Ss.
We, Isaac Butt and D. Howell being duly sworn in open Court
this 16th day of September A.D. 1856 depose and say, that we were
present at the execution of the last Will and testament and also
the Codicil thereto of Orison Hill dec'd hereto annexed; that we
saw the said testator subscribe said will and codicil by making
his mark and heard him publish and declare the same to be
his last will and testament, and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other -
Isaac Butt
D. Howell -
Sworn to & subscribed before me this 16th day of Sept. AD. 1856
I. Ranney Probate Judge
[Corresponds to labeled page 308 of Will Book 3]
308 Last Will and Testament of Orison Hill dec'd
Signed and acknowledged by said Orison Hill as his last Will
and Testament in our presence and signed by us in his presence
Attest
D. Howell
Isaac Butt
Whereas I, Orison Hill on this day made my
last Will and Testament, do hereby declare the following to be a
Codicil to the same. I do hereby give and bequeath to Orison
Green Hill Fifteen Dollars.
In witness whereof I have hereunto set my hand and
seal this 12th day of September A.D. 1856
his
D. Howell Orison X Hill {Seal}
Isaac Butt mark
State of Ohio Delaware County Ss.
We, Isaac Butt and D. Howell being duly sworn in open Court
this 16th day of September A.D. 1856 depose and say, that we were
present at the execution of the last Will and testament and also
the Codicil thereto of Orison Hill dec'd hereto annexed; that we
saw the said testator subscribe said will and codicil by making
his mark and heard him publish and declare the same to be
his last will and testament, and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other -
Isaac Butt
D. Howell -
Sworn to & subscribed before me this 16th day of Sept. AD. 1856
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 361)
Description
[Page 361]
[Corresponds to labeled page 309 of Will Book 3]
Last Will and Testament of Thomas James dec'd 309
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 3rd day of December A.D. 1856 -
Be it Remembered that on the 3rd day of December A.D. 1856 an
authenticated Copy of the last Will and Testament together with the
Codicil thereto attached of Thomas James late of Ross County Ohio
was produced in open Court by Henry Massie Esq. and it appearing
to the satisfaction of the Court Probate Court of Ross County that
said Will had been proved
in said State of Ohio according to the laws of said State and
that said Will has relation to property within the said County
of Delaware -
It is ordered by the Court that the said authenticated
Copy thereof be recorded in the Record of Wills for said County of
Delaware as follows.
Ross Probate Court Monday July 7th 1856
In the matter of the Last Will and }
Testament of Thomas James dec'd }
A paper writing purporting to
be the Last Will and Testament of Thomas James late of Ross
County now deceased and the Codicil thereto was this day produced
in open Court and Orren T. Reeves, William Carson and Eliza F.
Carson (the younger) the subscribing witnesses to said Will and also
by the Oaths of Orren T. Reeves and William Carson witnesses to
said Codicil, appeared and testified to the due execution of
said paper writing, And their testimony being reduced to writing,
was by them respectively subscribed and with said paper writing
filed -
On motion it is therefore ordered that said paper writing and
the testimony of the subscribing witnesses be recorded as the Last
Will and Testament and Codicil of Thos James deceased and
the Probate thereof.
Copy of Will
In the name of God Amen. I Thomas James of the city of Chilli-
cothe in the County of Ross and State of Ohio do make and publish
this my last will and testament
[In left Margin: Item 1st]
I make the following provision for my beloved wife in lieu of her
dower in my real estate or any other provision made for her by
law to wit: I give and devise to her Outlots number thirty seven
and forty one of four acres each, with my dwelling house and the
appurtenances situate in said city of Chillicothe to be held by
her during her natural life, but if I or my heirs after my death
do execute or are compelled to execute a contract made with the
Marietta and Cincinnati Rail Road Company relative to the sale
of seven acres, being the whole of said Outlot number forty one and
[Corresponds to labeled page 309 of Will Book 3]
Last Will and Testament of Thomas James dec'd 309
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the
Town of Delaware on the 3rd day of December A.D. 1856 -
Be it Remembered that on the 3rd day of December A.D. 1856 an
authenticated Copy of the last Will and Testament together with the
Codicil thereto attached of Thomas James late of Ross County Ohio
was produced in open Court by Henry Massie Esq. and it appearing
to the satisfaction of the Court Probate Court of Ross County that
said Will had been proved
in said State of Ohio according to the laws of said State and
that said Will has relation to property within the said County
of Delaware -
It is ordered by the Court that the said authenticated
Copy thereof be recorded in the Record of Wills for said County of
Delaware as follows.
Ross Probate Court Monday July 7th 1856
In the matter of the Last Will and }
Testament of Thomas James dec'd }
A paper writing purporting to
be the Last Will and Testament of Thomas James late of Ross
County now deceased and the Codicil thereto was this day produced
in open Court and Orren T. Reeves, William Carson and Eliza F.
Carson (the younger) the subscribing witnesses to said Will and also
by the Oaths of Orren T. Reeves and William Carson witnesses to
said Codicil, appeared and testified to the due execution of
said paper writing, And their testimony being reduced to writing,
was by them respectively subscribed and with said paper writing
filed -
On motion it is therefore ordered that said paper writing and
the testimony of the subscribing witnesses be recorded as the Last
Will and Testament and Codicil of Thos James deceased and
the Probate thereof.
Copy of Will
In the name of God Amen. I Thomas James of the city of Chilli-
cothe in the County of Ross and State of Ohio do make and publish
this my last will and testament
[In left Margin: Item 1st]
I make the following provision for my beloved wife in lieu of her
dower in my real estate or any other provision made for her by
law to wit: I give and devise to her Outlots number thirty seven
and forty one of four acres each, with my dwelling house and the
appurtenances situate in said city of Chillicothe to be held by
her during her natural life, but if I or my heirs after my death
do execute or are compelled to execute a contract made with the
Marietta and Cincinnati Rail Road Company relative to the sale
of seven acres, being the whole of said Outlot number forty one and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 362)
Description
[Page 362]
[Corresponds to labeled page 310 of Will Book 3]
310 Last Will and Testament of Thos. James dec'd
a part of said Outlot number thirty seven, then I give and devise
to my beloved wife so much as may be left of said Outlot number
thirty seven and also my said dwelling house with the appurtenances
to be held by her during her natural life as aforesaid
I also give and devise to my beloved wife all the household goods
furniture provisions and other articles necessary for housekeeping,
which may be in my dwelling house or on the premises appertenant
thereto at my decease. I also give and devise to my beloved wife
the sum of One thousand dollars per annum to be paid to her
annually, from the time of my death during her natural life, by
my Executors and the survivors and survivor of them either from
my personal estate the sales of my real estate or the rents,
issues and profits thereof, or in any mode or manner from said
estate as my said Executor and the survivors and survivor of
them shall deem expedient.
Item 2nd
I hereby authorize and empower my executors and the survivors
and survivor of them, to sell and convey for such prices as they shall
deem proper, in fee simple or for any less estate, all of the real estate
of which I may die seized or am in any wise entitled, situate in
the State of Ohio or elsewhere except the part of said real estate
devised as above to my wife which they are not to sell and convey
during her natural life without her consent and if she consents
to the sale and conveyance of said part so devised to her for life
then my said Executors and the survivors and survivor of them
are hereby authorized and empowered to sell and convey the same
for such prices as they shall deem proper in fee simple or for any
less estate, the proceeds of such sale to be vested by them in such
securities as they may deem proper and the yearly interest increase
or profits thereof to be paid to my wife during her life and after
her death to be disposed of as hereinafter provided -
Item 3rd
After my Executors have paid all just debts owing by me, and the
expenses of Administration and have provided and reserved in their
hands from my personal or real estate or both, a sufficient fund
the interest or the rents issues and profits whereof shall be sufficient
to pay and discharge the above annuity to my wife of One thousand
dollars then the rest and residue of my personal estate and the
proceeds of the sales of the real estate, except the part devised to my
wife as aforesaid, I direct my said Executors shall pay over to my
children or if any of children shall die then the share of such
deceased child or children, shall be paid over to the lawful issue of
such deceased child or children, such of my children as have heretofore
received advances in money or other property and are charged therewith
by me or shall after the date hereof receive allowances from me of real
and personal estate by way of advances, the amount of such advances
heretofore made or hereafter may be made, without interest thereon
shall be considered as a part or so much of the share of such
[Corresponds to labeled page 310 of Will Book 3]
310 Last Will and Testament of Thos. James dec'd
a part of said Outlot number thirty seven, then I give and devise
to my beloved wife so much as may be left of said Outlot number
thirty seven and also my said dwelling house with the appurtenances
to be held by her during her natural life as aforesaid
I also give and devise to my beloved wife all the household goods
furniture provisions and other articles necessary for housekeeping,
which may be in my dwelling house or on the premises appertenant
thereto at my decease. I also give and devise to my beloved wife
the sum of One thousand dollars per annum to be paid to her
annually, from the time of my death during her natural life, by
my Executors and the survivors and survivor of them either from
my personal estate the sales of my real estate or the rents,
issues and profits thereof, or in any mode or manner from said
estate as my said Executor and the survivors and survivor of
them shall deem expedient.
Item 2nd
I hereby authorize and empower my executors and the survivors
and survivor of them, to sell and convey for such prices as they shall
deem proper, in fee simple or for any less estate, all of the real estate
of which I may die seized or am in any wise entitled, situate in
the State of Ohio or elsewhere except the part of said real estate
devised as above to my wife which they are not to sell and convey
during her natural life without her consent and if she consents
to the sale and conveyance of said part so devised to her for life
then my said Executors and the survivors and survivor of them
are hereby authorized and empowered to sell and convey the same
for such prices as they shall deem proper in fee simple or for any
less estate, the proceeds of such sale to be vested by them in such
securities as they may deem proper and the yearly interest increase
or profits thereof to be paid to my wife during her life and after
her death to be disposed of as hereinafter provided -
Item 3rd
After my Executors have paid all just debts owing by me, and the
expenses of Administration and have provided and reserved in their
hands from my personal or real estate or both, a sufficient fund
the interest or the rents issues and profits whereof shall be sufficient
to pay and discharge the above annuity to my wife of One thousand
dollars then the rest and residue of my personal estate and the
proceeds of the sales of the real estate, except the part devised to my
wife as aforesaid, I direct my said Executors shall pay over to my
children or if any of children shall die then the share of such
deceased child or children, shall be paid over to the lawful issue of
such deceased child or children, such of my children as have heretofore
received advances in money or other property and are charged therewith
by me or shall after the date hereof receive allowances from me of real
and personal estate by way of advances, the amount of such advances
heretofore made or hereafter may be made, without interest thereon
shall be considered as a part or so much of the share of such
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 363)
Description
[Page 363]
[Corresponds to labeled page 311 of Will Book 3]
Last Will and Testament of Thomas James dec'd 311
child or children to whom such advances have or may be made
and if such advances that have or may be made, shall be greater
than the share or shares of such child or children so advanced
then such advancements shall be considered as his or her share
in full of my estate, and I hereby charge the following of my
children as being advanced by me heretofore the following sums
to wit: to Abram James Six thousand dollars thirty five cents -
to William James five thousand nine hundred and three dollars
eighty four cents, to Anvil James the sum of five thousand two
hundred and seventy five dollars, to Learis James the sum of four
thousand two hundred and thirty five dollars fifty six cents, to
Mary Massie the sum of sixteen hundred dollars, to Elizabeth
Deen the sum of two hundred dollars, to Charlotte Bush the
sum of two hundred dollars, and to Jane James the sum of one
hundred dollars -
Item 4th
I do hereby nominate and appoint William Key Bond of Hamilton
County, Ohio, William B. Franklin and Henry Massie of Ross
County, Ohio, Executors of this my last Will and Testament hereby
authorizing them to compromise, adjust, release and discharge in such
manner as they may deem proper the debts and claims due to me
and also to compromise, adjust, settle and pay in such manner as they
may deem proper all debts owing by me -
In testimony whereof I have hereunto set my hand and seal this
twelfth day of December A.D. 1851
Signed acknowledged and declare by said } Thos' James {Seal}
Thomas James as his last will and testament in }
our presence and signed by us in his presence }
and at his request }
O. T. Reeves
Wm. Carson
Eliza F. Carson - younger
[Corresponds to labeled page 311 of Will Book 3]
Last Will and Testament of Thomas James dec'd 311
child or children to whom such advances have or may be made
and if such advances that have or may be made, shall be greater
than the share or shares of such child or children so advanced
then such advancements shall be considered as his or her share
in full of my estate, and I hereby charge the following of my
children as being advanced by me heretofore the following sums
to wit: to Abram James Six thousand dollars thirty five cents -
to William James five thousand nine hundred and three dollars
eighty four cents, to Anvil James the sum of five thousand two
hundred and seventy five dollars, to Learis James the sum of four
thousand two hundred and thirty five dollars fifty six cents, to
Mary Massie the sum of sixteen hundred dollars, to Elizabeth
Deen the sum of two hundred dollars, to Charlotte Bush the
sum of two hundred dollars, and to Jane James the sum of one
hundred dollars -
Item 4th
I do hereby nominate and appoint William Key Bond of Hamilton
County, Ohio, William B. Franklin and Henry Massie of Ross
County, Ohio, Executors of this my last Will and Testament hereby
authorizing them to compromise, adjust, release and discharge in such
manner as they may deem proper the debts and claims due to me
and also to compromise, adjust, settle and pay in such manner as they
may deem proper all debts owing by me -
In testimony whereof I have hereunto set my hand and seal this
twelfth day of December A.D. 1851
Signed acknowledged and declare by said } Thos' James {Seal}
Thomas James as his last will and testament in }
our presence and signed by us in his presence }
and at his request }
O. T. Reeves
Wm. Carson
Eliza F. Carson - younger
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 364)
Description
[Page 364]
[Corresponds to labeled page 312 of Will Book 3]
312 Last Will and Testament of Thos' James dec'd
I, the above Thomas James do hereby make and declare the
following to be a Codicil to my above last will and testament
to wit: I give and devise to my beloved wife in addition to the
devises made to her in my said last Will and Testament
and also in lieu of her dower in my estate, the tract of land
west and adjoining the Outlots of the said City of Chillicothe
containing about one hundred and eighty four acres more or less
and known as the Bellevue farm, to be held by her during her
natural life and not to be sold during that period by my
said Executors unless with her consent to such sale -
In testimony whereof I have hereunto set my hand and seal
this twenty second day of December A.D. 1851
Signed acknowledged and declared by } Thos' James {Seal}
said Thomas Jamese as a Codicil to his }
said last Will and Testament in our }
presence and signed by us in his presence }
and at his request. }
O. T. Reeves
Wm. Carson
The State of Ohio Ross County }
We, Owen T. Reeves William Carson
and Eliza F. Carson the younger, being duly sworn depose and say
that we are witnesses to a paper writing purporting to be the last
Will and Testament of Thomas James now deceased, late of said Ross
County that he was at the date thereof of full age and sound
memory, that we as witnesses thereto attested and subscribed our
names in the presence of the said Thomas James and of each other
and that we saw him subscribe and heard him acknowledge the
same to be his last Will and testament }
Sworn to and Signed before me this 7th } O. T. Reeves
day of July A.D. 1856 } William Carson
Sam'l F. McCoy Eliza F. Carson
Probate Judge
The State of Ohio Ross County }
We Owen T. Reeves and William Carson
being duly sworn, depose and say that we are witnesses to a paper writing
purporting to be a Codicil to the last Will and testament of Thomas
James, now deceased, late of said Ross County, that he was at the
date of said Codicil of full age and sound memory, that we as
witnesses thereto atttested and subscribed our names in the presence
of the said Thomas James and of each other, and that we saw
him subscribe and heard him acknowledge the same to be a Codicil
to said Last Will and Testament. O. T. Reeves
William Carson
[Corresponds to labeled page 312 of Will Book 3]
312 Last Will and Testament of Thos' James dec'd
I, the above Thomas James do hereby make and declare the
following to be a Codicil to my above last will and testament
to wit: I give and devise to my beloved wife in addition to the
devises made to her in my said last Will and Testament
and also in lieu of her dower in my estate, the tract of land
west and adjoining the Outlots of the said City of Chillicothe
containing about one hundred and eighty four acres more or less
and known as the Bellevue farm, to be held by her during her
natural life and not to be sold during that period by my
said Executors unless with her consent to such sale -
In testimony whereof I have hereunto set my hand and seal
this twenty second day of December A.D. 1851
Signed acknowledged and declared by } Thos' James {Seal}
said Thomas Jamese as a Codicil to his }
said last Will and Testament in our }
presence and signed by us in his presence }
and at his request. }
O. T. Reeves
Wm. Carson
The State of Ohio Ross County }
We, Owen T. Reeves William Carson
and Eliza F. Carson the younger, being duly sworn depose and say
that we are witnesses to a paper writing purporting to be the last
Will and Testament of Thomas James now deceased, late of said Ross
County that he was at the date thereof of full age and sound
memory, that we as witnesses thereto attested and subscribed our
names in the presence of the said Thomas James and of each other
and that we saw him subscribe and heard him acknowledge the
same to be his last Will and testament }
Sworn to and Signed before me this 7th } O. T. Reeves
day of July A.D. 1856 } William Carson
Sam'l F. McCoy Eliza F. Carson
Probate Judge
The State of Ohio Ross County }
We Owen T. Reeves and William Carson
being duly sworn, depose and say that we are witnesses to a paper writing
purporting to be a Codicil to the last Will and testament of Thomas
James, now deceased, late of said Ross County, that he was at the
date of said Codicil of full age and sound memory, that we as
witnesses thereto atttested and subscribed our names in the presence
of the said Thomas James and of each other, and that we saw
him subscribe and heard him acknowledge the same to be a Codicil
to said Last Will and Testament. O. T. Reeves
William Carson
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 365)
Description
[Page 365]
[Corresponds to labeled page 313 of Will Book 3]
Last Will and Testament of Thomas James dec'd 313
Sworn to and signed before me this 7th day of July A.D. 1856
Sam'l F. McCoy Probate Judge
The State of Ohio Ross County }
I Samuel F. McCoy Judge of
the Probate Court in and for the County of Ross aforesaid do
certify that the aforegoing Entry, and the last Will and Testament
and Codicil of Thomas James deceased and the Probate thereof
are truly and correctly copied from the Journal and originals
on file in my Office -
{ L S } In attestation whereof I have hereunto
set my hand and affixed the Seal of
said Court this tenth day of July A.D. 1856
Sam'l F. McCoy Probate Judge
[Corresponds to labeled page 313 of Will Book 3]
Last Will and Testament of Thomas James dec'd 313
Sworn to and signed before me this 7th day of July A.D. 1856
Sam'l F. McCoy Probate Judge
The State of Ohio Ross County }
I Samuel F. McCoy Judge of
the Probate Court in and for the County of Ross aforesaid do
certify that the aforegoing Entry, and the last Will and Testament
and Codicil of Thomas James deceased and the Probate thereof
are truly and correctly copied from the Journal and originals
on file in my Office -
{ L S } In attestation whereof I have hereunto
set my hand and affixed the Seal of
said Court this tenth day of July A.D. 1856
Sam'l F. McCoy Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 366)
Description
[Page 366]
[Corresponds to labeled page 314 of Will Book 3]
314 Last Will and Testament of John Hurd dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 15th day of November A.D. 1856
This day the last Will and Testament of John Hurd late of
Prospect Township Marion County Ohio was produced in open Court and
duly proven by the testimony of A. D. Matthews, Henry Linsly and Abel
Linsly the subscribing witnesses thereto (as reduced to writing and filed with
said Will) admitted to Probate and ordered to be recorded as follows.
Copy of Will
In the Name of the Benevolent Father of all
I John Hurd of Prospect Township County
of Marion in the State of Ohio do make and publish this my last
Will and Testiment
Item 1st
I want my Just Debts paid out of my Estate
Item 2nd
I give and devise to my son William Hurd One Dollar, and to my
Grandchildren (the names of which are as follows) Hannah Waters
Henriette Waters, Charles Henry Lake, John Lake, Mary Ann Lake
William Henry Moses, and Jasper Newton Moses - to each one Dollar
Item 3rd
I further give and bequeath to my son Nelson Hurd his heirs
and assigns the balance of my Estate Real and Personal.
I hereby Revoke all former Wills by me made
In testimony whereof I have hereunto set my hand and seal
this 1st day of January A.D. 1856
Executed in presence of} John Hurd {Seal}
A. D. Matthews }
Henry Linsly }
Abel Linsly }
State of Ohio Delaware County SS.
I, Abel Linsley being being duly sworn in open Court this 26th day of August
A.D. 1856 depose and say that I was present and heard said John Hurd
publish and declare the Will hereto annexed to be his last will and
testament, and that the said testator at the time of executing the same
was of full age, and of sound mind and memory, and not under any
restraint, and that I signed the same as a witness at his request
and in his presence -
Abel Linsley
Sworn to and subscribed before me this 26th day of August A.D. 1856
I. Ranney Probate Judge
[Corresponds to labeled page 314 of Will Book 3]
314 Last Will and Testament of John Hurd dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 15th day of November A.D. 1856
This day the last Will and Testament of John Hurd late of
Prospect Township Marion County Ohio was produced in open Court and
duly proven by the testimony of A. D. Matthews, Henry Linsly and Abel
Linsly the subscribing witnesses thereto (as reduced to writing and filed with
said Will) admitted to Probate and ordered to be recorded as follows.
Copy of Will
In the Name of the Benevolent Father of all
I John Hurd of Prospect Township County
of Marion in the State of Ohio do make and publish this my last
Will and Testiment
Item 1st
I want my Just Debts paid out of my Estate
Item 2nd
I give and devise to my son William Hurd One Dollar, and to my
Grandchildren (the names of which are as follows) Hannah Waters
Henriette Waters, Charles Henry Lake, John Lake, Mary Ann Lake
William Henry Moses, and Jasper Newton Moses - to each one Dollar
Item 3rd
I further give and bequeath to my son Nelson Hurd his heirs
and assigns the balance of my Estate Real and Personal.
I hereby Revoke all former Wills by me made
In testimony whereof I have hereunto set my hand and seal
this 1st day of January A.D. 1856
Executed in presence of} John Hurd {Seal}
A. D. Matthews }
Henry Linsly }
Abel Linsly }
State of Ohio Delaware County SS.
I, Abel Linsley being being duly sworn in open Court this 26th day of August
A.D. 1856 depose and say that I was present and heard said John Hurd
publish and declare the Will hereto annexed to be his last will and
testament, and that the said testator at the time of executing the same
was of full age, and of sound mind and memory, and not under any
restraint, and that I signed the same as a witness at his request
and in his presence -
Abel Linsley
Sworn to and subscribed before me this 26th day of August A.D. 1856
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 367)
Description
[Page 367]
[Corresponds to labeled page 315 of Will Book 3]
Last Will and Testament of John Hurd dec'd 315
State of Ohio Delaware County SS.
We, Henry Linsley and being duly sworn in open
Court this 26th day of August A.D. 1856 depose and say that we were
present at the execution of the last Will and Testament of John
Hurd hereto annexed, that we saw the said testator subscribe
said Will, and heard him publish and declare the same to be
his last Will and testament, and that the said testator at the time
of executing the same was of full age, and of sound mind and
memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence, and in the
presence of the other subscribing witness
A. D. Matthews
Henry Linsley -
Sworn to and subscribed before me this 26th day of August A.D. 1856
I. Ranney Probate Judge
Oct 16th 1856 In the Matter of John Hurd's Will -
The last Will and Testament of John Hurd late of Thompson
township Delaware County dec'd was this day produced in open Court
and it appearing that A.D. Matthews one of the subscribing witnesses
to said Will resides out of the Jurisdiction of said Court at Marion
County State of Ohio - It is ordered that a Commission issue
with said Will annexed to take the deposition of the said A. D.
Matthews touching the due execution of said Will to be directed
to J. A. Barker and J. R. Garberson who shall execute the same
according to statute in such cases made and provided.
I. Ranney Probate Judge -
Probate Court Delaware County Ohio
October 16th 1856
To James H. Barker and John R. Garberson Esqrs
Know ye that we in confidence of your prudence and fidelity, appointed
you or either of you, and by these presents do give to each of you full
power and authority to examine and take the deposition of A. D. Matthews
one of the subscribing witnesses to the Will of John Hurd, late of Thomp-
son township in this County dec'd And therefore we command you
that at certain days and places to be appointed by you or either of
you, you cause the said A. D. Matthews to be brought before you, and
then and there examine him on his Corporal oath or affirmation
first taken before you or either of you touching the due execution
of the said Will of the said John Hurd, And that you reduce
such examination to writing and return the same together with
this writ and the said Will of the said John Hurd thereto
annexed, closed up under your seal into our said Court of Probate
with all convenient speed.
[Corresponds to labeled page 315 of Will Book 3]
Last Will and Testament of John Hurd dec'd 315
State of Ohio Delaware County SS.
We, Henry Linsley and being duly sworn in open
Court this 26th day of August A.D. 1856 depose and say that we were
present at the execution of the last Will and Testament of John
Hurd hereto annexed, that we saw the said testator subscribe
said Will, and heard him publish and declare the same to be
his last Will and testament, and that the said testator at the time
of executing the same was of full age, and of sound mind and
memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence, and in the
presence of the other subscribing witness
A. D. Matthews
Henry Linsley -
Sworn to and subscribed before me this 26th day of August A.D. 1856
I. Ranney Probate Judge
Oct 16th 1856 In the Matter of John Hurd's Will -
The last Will and Testament of John Hurd late of Thompson
township Delaware County dec'd was this day produced in open Court
and it appearing that A.D. Matthews one of the subscribing witnesses
to said Will resides out of the Jurisdiction of said Court at Marion
County State of Ohio - It is ordered that a Commission issue
with said Will annexed to take the deposition of the said A. D.
Matthews touching the due execution of said Will to be directed
to J. A. Barker and J. R. Garberson who shall execute the same
according to statute in such cases made and provided.
I. Ranney Probate Judge -
Probate Court Delaware County Ohio
October 16th 1856
To James H. Barker and John R. Garberson Esqrs
Know ye that we in confidence of your prudence and fidelity, appointed
you or either of you, and by these presents do give to each of you full
power and authority to examine and take the deposition of A. D. Matthews
one of the subscribing witnesses to the Will of John Hurd, late of Thomp-
son township in this County dec'd And therefore we command you
that at certain days and places to be appointed by you or either of
you, you cause the said A. D. Matthews to be brought before you, and
then and there examine him on his Corporal oath or affirmation
first taken before you or either of you touching the due execution
of the said Will of the said John Hurd, And that you reduce
such examination to writing and return the same together with
this writ and the said Will of the said John Hurd thereto
annexed, closed up under your seal into our said Court of Probate
with all convenient speed.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 368)
Description
[Page 368]
[Corresponds to labeled page 316 of Will Book 3]
316 Last Will and Testament of John Hurd dec'd
{ L S } Witness the seal of said Court at Delaware
Ohio this 16th day of October A.D. 1856
Isaac Ranney Judge
State of Ohio Marion County SS.
A. D. Matthews being duly sworn before us this 12th day of November
A.D. 1856 deposeth and saith that he was present at the Execution of the
last Will and testament of John Hurd hereto annexed, that we
saw the said Testator subscribe said Will, And heard him pub-
lish and declare the same to be his last Will and testament
and that the said Testator at the time of executing the same
was of full age and sound mind and memory And not under
any restraint, And that we signed the same as witness at his
request and in his presence and in the presence of each other.
A. D. Matthews
Sworn to and subscribed before us the day and date above written -
J. A. Baker }
J. R. Garberson } Commissioners
[Corresponds to labeled page 316 of Will Book 3]
316 Last Will and Testament of John Hurd dec'd
{ L S } Witness the seal of said Court at Delaware
Ohio this 16th day of October A.D. 1856
Isaac Ranney Judge
State of Ohio Marion County SS.
A. D. Matthews being duly sworn before us this 12th day of November
A.D. 1856 deposeth and saith that he was present at the Execution of the
last Will and testament of John Hurd hereto annexed, that we
saw the said Testator subscribe said Will, And heard him pub-
lish and declare the same to be his last Will and testament
and that the said Testator at the time of executing the same
was of full age and sound mind and memory And not under
any restraint, And that we signed the same as witness at his
request and in his presence and in the presence of each other.
A. D. Matthews
Sworn to and subscribed before us the day and date above written -
J. A. Baker }
J. R. Garberson } Commissioners
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 369)
Description
[Page 369]
[Corresponds to labeled page 317 of Will Book 3]
Last Will and Testament of Rhoda Wells dec'd 317
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 22nd day of December A.D. 1856
This day the last Will and Testament of Rhoda Wells late of
Delaware town and County was produced in open Court and duly
proven by the testimony of J. H. Coulter and E. Coulter the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows.
Copy of Will
Know all men by these presents that I, Rhoda Wells of the Town and
County of Delaware and State of Ohio being legal owner of certain
Real Estate and personal Property, all of which at my death (after
paying my lawful debts) I bequeath and dispose of in the follow-
ing manner to wit:
It is my desire that all my property shall be sold at as early a
period as possible and the proceeds distributed in the manner
following -
First my son Joshua M. Wells to have five hundred dollars over
and above his equal share with the rest of my lawful Heirs.
One hundred dollars to my Grandson John B. Wells son of Henry
Wells - One hundred dollars to the Ohio Wesleyan Female
College.
The remaining part of said proceeds to be divided among
my children equally, after making what they have already received
individually equal to the one who has received the most. This
division to be applied to my deceased children (or their Heirs)
the same as to the living -
Except to the Heirs of my deceased children (Thornton and Ruth)
I want my living children Henry - Bazzelleel and Caroline
Matilda who have children, to hold this property in trust for
their children for which purpose I want it well secured, each
one to have his or her portion as they become of lawful age -
The children of Thornton and Ruth will receive their portion as
soon as they attain their majority.
My Household furniture I do not wish sold but to have it divided
among the heirs as they shall agree among themselves
It is my desire that my son Joshua M. Wells shall have the
settlement of my Estate as he is fully acquainted with my affairs.
To all of which I set my hand and seal
her
Columbus Oct 23 - 1855 Rhoda X Wells {Seal}
Attest mark
J. H. Coulter
E. Coulter
[Corresponds to labeled page 317 of Will Book 3]
Last Will and Testament of Rhoda Wells dec'd 317
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 22nd day of December A.D. 1856
This day the last Will and Testament of Rhoda Wells late of
Delaware town and County was produced in open Court and duly
proven by the testimony of J. H. Coulter and E. Coulter the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows.
Copy of Will
Know all men by these presents that I, Rhoda Wells of the Town and
County of Delaware and State of Ohio being legal owner of certain
Real Estate and personal Property, all of which at my death (after
paying my lawful debts) I bequeath and dispose of in the follow-
ing manner to wit:
It is my desire that all my property shall be sold at as early a
period as possible and the proceeds distributed in the manner
following -
First my son Joshua M. Wells to have five hundred dollars over
and above his equal share with the rest of my lawful Heirs.
One hundred dollars to my Grandson John B. Wells son of Henry
Wells - One hundred dollars to the Ohio Wesleyan Female
College.
The remaining part of said proceeds to be divided among
my children equally, after making what they have already received
individually equal to the one who has received the most. This
division to be applied to my deceased children (or their Heirs)
the same as to the living -
Except to the Heirs of my deceased children (Thornton and Ruth)
I want my living children Henry - Bazzelleel and Caroline
Matilda who have children, to hold this property in trust for
their children for which purpose I want it well secured, each
one to have his or her portion as they become of lawful age -
The children of Thornton and Ruth will receive their portion as
soon as they attain their majority.
My Household furniture I do not wish sold but to have it divided
among the heirs as they shall agree among themselves
It is my desire that my son Joshua M. Wells shall have the
settlement of my Estate as he is fully acquainted with my affairs.
To all of which I set my hand and seal
her
Columbus Oct 23 - 1855 Rhoda X Wells {Seal}
Attest mark
J. H. Coulter
E. Coulter
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 370)
Description
[Page 370]
[Corresponds to labeled page 318 of Will Book 3]
318 Last Will and Testament of Rhoda Wells dec'd
Upon reflection I desire to make one provision in reference
to the bequest to the Ohio Wesleyan Female College - Unless my
property exceeds three thousand dollars in value my provision for
this Institution must be considered null and void
Attest her
J. H. Coulter Rhoda X Wells {Seal}
E. Coulter mark
Columbus Oct 23rd 1855
Dec 17th 1856. In the matter of Rhoda Wells Will
The last Will and Testament of Rhoda Wells late of Delaware
County dec'd was this day produced in open Court and it appearing
that J. H. Coulter and E. Coulter subscribing witnesses to said Will
reside out of the jurisdiction of said Court at Columbus, Franklin
County Ohio it is ordered that a Commission issue with said Will
annexed to take the depositions of the said J. H. Coulter and E.
Coulter touching the due execution of said Will to be di-
rected to the Hon. Wm Jamison who shall execute the same
according to statute in such cases made and provided
I. Ranney Probate Judge
Probate Court Delaware Co Ohio
Dec 17th A.D. 1856
To Hon. Wm Jamison
Know ye that we in confidence of your
prudence and fidelity appoint you and by these presents do give
to you full power and authority to examine and take the
deposition of J. H. Coulter and E. Coulter the subscribing witnesses
to the Will of Rhoda Wells late of Delaware in the County of Delaware
aforesaid dec'd
And therefore we command you that at certain days and places
to be appointed by you, you cause the said J. H. Coulter and E.
Coulter to be brought before you, and then and there examine them
upon their corporal oath or affirmation first taken before you touching
the due execution of the said Will of the said Rhoda Wells and that
you reduce said examination to writing and return the same together
with this writ and the said Will of the said Rhoda Wells thereto
annexed closed up under your seal into our said Court of Probate
with all convenient speed
{L S } Witness the seal of said Court the day and
year 1st above written etc
Isaac Ranney Judge of said Court
[Corresponds to labeled page 318 of Will Book 3]
318 Last Will and Testament of Rhoda Wells dec'd
Upon reflection I desire to make one provision in reference
to the bequest to the Ohio Wesleyan Female College - Unless my
property exceeds three thousand dollars in value my provision for
this Institution must be considered null and void
Attest her
J. H. Coulter Rhoda X Wells {Seal}
E. Coulter mark
Columbus Oct 23rd 1855
Dec 17th 1856. In the matter of Rhoda Wells Will
The last Will and Testament of Rhoda Wells late of Delaware
County dec'd was this day produced in open Court and it appearing
that J. H. Coulter and E. Coulter subscribing witnesses to said Will
reside out of the jurisdiction of said Court at Columbus, Franklin
County Ohio it is ordered that a Commission issue with said Will
annexed to take the depositions of the said J. H. Coulter and E.
Coulter touching the due execution of said Will to be di-
rected to the Hon. Wm Jamison who shall execute the same
according to statute in such cases made and provided
I. Ranney Probate Judge
Probate Court Delaware Co Ohio
Dec 17th A.D. 1856
To Hon. Wm Jamison
Know ye that we in confidence of your
prudence and fidelity appoint you and by these presents do give
to you full power and authority to examine and take the
deposition of J. H. Coulter and E. Coulter the subscribing witnesses
to the Will of Rhoda Wells late of Delaware in the County of Delaware
aforesaid dec'd
And therefore we command you that at certain days and places
to be appointed by you, you cause the said J. H. Coulter and E.
Coulter to be brought before you, and then and there examine them
upon their corporal oath or affirmation first taken before you touching
the due execution of the said Will of the said Rhoda Wells and that
you reduce said examination to writing and return the same together
with this writ and the said Will of the said Rhoda Wells thereto
annexed closed up under your seal into our said Court of Probate
with all convenient speed
{L S } Witness the seal of said Court the day and
year 1st above written etc
Isaac Ranney Judge of said Court
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 371)
Description
[Page 371]
[Corresponds to labeled page 319 of Will Book 3]
Last Will and Testament of Rhoda Wells dec'd 319
Probate Court Franklin County Ohio December 22nd 1856
In pursuance of a Commission to me directed by the Probate
Court of Delaware County Ohio I this day took the testimony
therein directed to be taken as follows -
J. H. Coulter and E. Coulter of Franklin County Ohio both of
lawful age, being first sworn by the undersigned a Probate Judge
of said County and a Commissioner for that purpose appointed
depose and say that they were present at the execution of the
last Will and Testament of Rhoda Wells hereto attached -
that they saw the said Testator subscribe said Will by making
her mark, And heard her publish and declare the same to
be her last Will and Testament, And that the said Testator
at the time of executing the same was of full age, and of sound
mind and memory, and not under any restraint, and that we
signed the same as witnesses at her request and in her presence
and in the presence of each other, and further that we were
witnesses to the Codicil in said Will, which was executed
by said Testatrix at the same time with the Will -
J. H. Coulter
E. Coulter
Sworn to and subscribed by said J. H. Coulter & E. Coulter before
me the date above written
{ L S } Witness my hand and seal at Columbus
Ohio this 22nd day of December A.D. 1856
Wm. Jamison P.J. & Commissioner
[Corresponds to labeled page 319 of Will Book 3]
Last Will and Testament of Rhoda Wells dec'd 319
Probate Court Franklin County Ohio December 22nd 1856
In pursuance of a Commission to me directed by the Probate
Court of Delaware County Ohio I this day took the testimony
therein directed to be taken as follows -
J. H. Coulter and E. Coulter of Franklin County Ohio both of
lawful age, being first sworn by the undersigned a Probate Judge
of said County and a Commissioner for that purpose appointed
depose and say that they were present at the execution of the
last Will and Testament of Rhoda Wells hereto attached -
that they saw the said Testator subscribe said Will by making
her mark, And heard her publish and declare the same to
be her last Will and Testament, And that the said Testator
at the time of executing the same was of full age, and of sound
mind and memory, and not under any restraint, and that we
signed the same as witnesses at her request and in her presence
and in the presence of each other, and further that we were
witnesses to the Codicil in said Will, which was executed
by said Testatrix at the same time with the Will -
J. H. Coulter
E. Coulter
Sworn to and subscribed by said J. H. Coulter & E. Coulter before
me the date above written
{ L S } Witness my hand and seal at Columbus
Ohio this 22nd day of December A.D. 1856
Wm. Jamison P.J. & Commissioner
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 372)
Description
[Page 372]
[Corresponds to labeled page 320 of Will Book 3]
320 Last Will and Testament of Thomas McCloud dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 10th day of January A.D. 1857 -
This day the last Will and Testament of Thomas McCloud dec'd
late of Orange Township Delaware County was produced in open
Court and duly proven by the testimony of Cyrus Chambers and
Lee Hurlbert, the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent farther of all
I Thomas McCloud of Orange township Delaware County
Ohio do make and publis this my last will and testament
Item 1st
give and devise to my beloved wif Laviny in lieu of
her dower the farm on which we now reside situate in Orang
township Delawar Co Ohio containg about Eighty acres of land
during her natural life and all the stock houshold goods
furniture provisions and other goods and chattels wich be thereon
at the time of my decese - During her natural life as afore
said she however selling so much thereof as may be sufficient
to pay my just debts -
In testimony whereof I have hereunto set my hand and
seal this 21st day of August 1854 -
Thomas McCloud {Seal}
Signed and acknowledged } by James Patterson
Thomas McCloud as his last Will }
and Testament in our presence and }
signed by us in his presence }
Cyrus Cahmbers
his
Lee X Hurlbert
mark
State of Ohio Delaware County SS.
We Cyrus Chambers and Lee Hurlbert being duly sworn in open Court this
10th day of Jan' A.D. 1857 depose and say that we were present at the execution
of the last will and testament of Thomas McCloud hereto annexed, that we
saw Jas. Patterson subscribe sd Will at request of and for the said testator
and heard him, testator, publish and declare the same to be his last Will
and testament, and that the said testator at the time of executing the same
was of full age, and of sound mind and memory, and not under any restraint
and that we signed the same as witnesses at his request and in his pres-
ence and in the presence of each other.
Cyrus Chambers
his
Lee X Hurlbert
mark
[Corresponds to labeled page 320 of Will Book 3]
320 Last Will and Testament of Thomas McCloud dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his Office in the Town
of Delaware on the 10th day of January A.D. 1857 -
This day the last Will and Testament of Thomas McCloud dec'd
late of Orange Township Delaware County was produced in open
Court and duly proven by the testimony of Cyrus Chambers and
Lee Hurlbert, the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and
ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent farther of all
I Thomas McCloud of Orange township Delaware County
Ohio do make and publis this my last will and testament
Item 1st
give and devise to my beloved wif Laviny in lieu of
her dower the farm on which we now reside situate in Orang
township Delawar Co Ohio containg about Eighty acres of land
during her natural life and all the stock houshold goods
furniture provisions and other goods and chattels wich be thereon
at the time of my decese - During her natural life as afore
said she however selling so much thereof as may be sufficient
to pay my just debts -
In testimony whereof I have hereunto set my hand and
seal this 21st day of August 1854 -
Thomas McCloud {Seal}
Signed and acknowledged } by James Patterson
Thomas McCloud as his last Will }
and Testament in our presence and }
signed by us in his presence }
Cyrus Cahmbers
his
Lee X Hurlbert
mark
State of Ohio Delaware County SS.
We Cyrus Chambers and Lee Hurlbert being duly sworn in open Court this
10th day of Jan' A.D. 1857 depose and say that we were present at the execution
of the last will and testament of Thomas McCloud hereto annexed, that we
saw Jas. Patterson subscribe sd Will at request of and for the said testator
and heard him, testator, publish and declare the same to be his last Will
and testament, and that the said testator at the time of executing the same
was of full age, and of sound mind and memory, and not under any restraint
and that we signed the same as witnesses at his request and in his pres-
ence and in the presence of each other.
Cyrus Chambers
his
Lee X Hurlbert
mark
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 373)
Description
[Page 373]
[Corresponds to labeled page 321 of Will Book 3]
Last Will and Testament of Elias Vining dec'd 321
Sworn to and subscribed before me this 10th day of January A.D. 1857
I. Ranney Probate Judge
Last Will and Testament of Elias Vining dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the Town of Delaware on
the 27th day of January A.D. 1857 -
This day the Last Will and Testament of Elias Vining dec'd late of
Liberty Township Delaware County was produced in open Court and duly
proven by the testimony of Tracy Wilcox and James L. Andrews, the
subscribing witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of All
I, Elias Vining of Liberty Township Delaware County do make and
publish this my last Will and Testament.
Now know all men that I the said Elias Vining by virtue of the
late law granting bounty bounty lands to old souldiers have
deposited in the office of L. W. Andrews Attorney at law in Columbus
my papers claiming bounty land of this government for servis as a soldier
in the was of 1812
Item 1st
I give and bequeath to my two dauthters
^Lucy Richards and Almira Willcox
equal shares in my claim to said bounty land.
Item 2nd
I do hereby nominate and appoint Rinman Richards executor of this
my last Will and testament
In testimony whereof I have hereunto set my hand and seal this
12th day of February in the year 1851 -
Elias Vining
Signed and acknowledged by said Elias Vining as his last will
and testament in our presents and signed by us in his presents -
Tracy Wilcox
James L. Andrews
The State of Ohio Delaware County SS.
We, Tracy Wilcox and James L. Andrews being duly sworn in open
Court this 27th day of January A.D. 1857 depose and say that we were
present at the execution of the last Will and testament of Elias Vining
hereto annexed, that we saw the said testator subscribe said will
and heard him publish and delcare the same to be his last
will and testament, and that the said testator at the time of
executing the same was of full age and of sound mind and memory
[Corresponds to labeled page 321 of Will Book 3]
Last Will and Testament of Elias Vining dec'd 321
Sworn to and subscribed before me this 10th day of January A.D. 1857
I. Ranney Probate Judge
Last Will and Testament of Elias Vining dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the Town of Delaware on
the 27th day of January A.D. 1857 -
This day the Last Will and Testament of Elias Vining dec'd late of
Liberty Township Delaware County was produced in open Court and duly
proven by the testimony of Tracy Wilcox and James L. Andrews, the
subscribing witnesses thereto (as reduced to writing and filed with said
Will) admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of All
I, Elias Vining of Liberty Township Delaware County do make and
publish this my last Will and Testament.
Now know all men that I the said Elias Vining by virtue of the
late law granting bounty bounty lands to old souldiers have
deposited in the office of L. W. Andrews Attorney at law in Columbus
my papers claiming bounty land of this government for servis as a soldier
in the was of 1812
Item 1st
I give and bequeath to my two dauthters
^Lucy Richards and Almira Willcox
equal shares in my claim to said bounty land.
Item 2nd
I do hereby nominate and appoint Rinman Richards executor of this
my last Will and testament
In testimony whereof I have hereunto set my hand and seal this
12th day of February in the year 1851 -
Elias Vining
Signed and acknowledged by said Elias Vining as his last will
and testament in our presents and signed by us in his presents -
Tracy Wilcox
James L. Andrews
The State of Ohio Delaware County SS.
We, Tracy Wilcox and James L. Andrews being duly sworn in open
Court this 27th day of January A.D. 1857 depose and say that we were
present at the execution of the last Will and testament of Elias Vining
hereto annexed, that we saw the said testator subscribe said will
and heard him publish and delcare the same to be his last
will and testament, and that the said testator at the time of
executing the same was of full age and of sound mind and memory
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 374)
Description
[Page 374]
[Corresponds to labeled page 322 of Will Book 3]
322 Last Will and Testament of Evy Adams dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio, at his Office in the Town of
Delaware on the 3rd day of March A.D. 1857 -
This day the Last Will and Testament of Evy Adams late of Harlem
township Delaware County was produced in open Court and duly proven by
the testimony of Jacob Hathaway and John Adams the sbuscribing witnesses
thereto (as reduced to writing and filed with said Will) admitted to Probate
and ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent Father of all -
I Evy Adams of Harlem Township Delaware County State of Ohio do make
and publish this my last Will and testament.
Item 1st
I give and devise to my beloved wife in lieu of her dower twenty five
acres of land, it being a part of the farm on which I now reside
comencing at the northwest corner of a lot of land owned by Parkhurst
Hathaway thence runing south to the line of Eli Downings land thence
west far enough to contain twenty five acres, said land lying along the
north line of Section 3, T 3 R 16 - I also devise to my said wife the
use and privilege of the barn it being on another lot, also the privilege
of geting all the firewood she may need on land adjoining said premises
on the north, my said wife to have and to hold the premises aforsad
with all the appurtenances thereunto belonging while she remains my widow
when she ceases to be my widow then the premises aforsaid is to be
equally divided amongs my heirs
Item 2nd
I devise and bequeath to my daughter Parthena and my daughter
Martha Jane and my son John C. the remainder of my real estate
lying in said Section 3 T. 3. R 16. to be equally divided between them
Item 3rd
I devise and bequeath to my daughter Nancy ten acres of land off
the each end of my land lying in section 2. T. 3 R. 16 also six acres off
of the west end of said tract, the remainder of said tract I devise and
bequeath to my son George W.
[Corresponds to labeled page 322 of Will Book 3]
322 Last Will and Testament of Evy Adams dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio, at his Office in the Town of
Delaware on the 3rd day of March A.D. 1857 -
This day the Last Will and Testament of Evy Adams late of Harlem
township Delaware County was produced in open Court and duly proven by
the testimony of Jacob Hathaway and John Adams the sbuscribing witnesses
thereto (as reduced to writing and filed with said Will) admitted to Probate
and ordered to be recorded as follows -
Copy of Will
In the name of the Benevolent Father of all -
I Evy Adams of Harlem Township Delaware County State of Ohio do make
and publish this my last Will and testament.
Item 1st
I give and devise to my beloved wife in lieu of her dower twenty five
acres of land, it being a part of the farm on which I now reside
comencing at the northwest corner of a lot of land owned by Parkhurst
Hathaway thence runing south to the line of Eli Downings land thence
west far enough to contain twenty five acres, said land lying along the
north line of Section 3, T 3 R 16 - I also devise to my said wife the
use and privilege of the barn it being on another lot, also the privilege
of geting all the firewood she may need on land adjoining said premises
on the north, my said wife to have and to hold the premises aforsad
with all the appurtenances thereunto belonging while she remains my widow
when she ceases to be my widow then the premises aforsaid is to be
equally divided amongs my heirs
Item 2nd
I devise and bequeath to my daughter Parthena and my daughter
Martha Jane and my son John C. the remainder of my real estate
lying in said Section 3 T. 3. R 16. to be equally divided between them
Item 3rd
I devise and bequeath to my daughter Nancy ten acres of land off
the each end of my land lying in section 2. T. 3 R. 16 also six acres off
of the west end of said tract, the remainder of said tract I devise and
bequeath to my son George W.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 375)
Description
[Page 375]
[Corresponds to labeled page 323 of Will Book 3]
Last Will and Testament of Evy Adams dec'd 323
I devise and bequeath to my son John C. one bay colt three years
old known by the name of Prince -
I devise and bequeath to my daugher Martha Jane fifty dollars
out of my personal property, the residue of my personal property I
bequest one third to my wife the remainder to be Equally divided
amongst my heirs
Item 4th
I do hereby nominate and appoint John Adams executor of this my
last Will and Testament hereby autherizing and impowering him to
compromise adjust release and discharge in such manner as he may
deem proper the debts and claims due me
I do hereby revoke all former wills by me made - In testimony
hereof I have hereunto set my hand and seal this twenty seventh
day of December in the year 1856 -
Evy Adams {Seal}
Signed and acknowledged by said Evy Adams as his last Will
and testament in our presence and signed by us in his presence -
Jacob Hathaway
John Adams -
The State of Ohio Delaware County SS.
We Jacob Hathaway and John Adams being duly sworn in open Court this 3rd
day of March A.D. 1857 depose and say that we were present at the execu-
tion of the last will and testament of Evy Adams dec'd hereto annexed
that we saw the said testator subscribe said will and heard him
publish and delcare the same to be his last will and testament, and
that the said testator at the time of executng the same was of full
age, and of sound mind and memory, and not under any restraint
and that we signed the same as witnesses at his request and in
his presence, and in the presence of each other -
Jacob Hathaway
John Adams
Sworn to and subscribed before me this 3rd day of March A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 323 of Will Book 3]
Last Will and Testament of Evy Adams dec'd 323
I devise and bequeath to my son John C. one bay colt three years
old known by the name of Prince -
I devise and bequeath to my daugher Martha Jane fifty dollars
out of my personal property, the residue of my personal property I
bequest one third to my wife the remainder to be Equally divided
amongst my heirs
Item 4th
I do hereby nominate and appoint John Adams executor of this my
last Will and Testament hereby autherizing and impowering him to
compromise adjust release and discharge in such manner as he may
deem proper the debts and claims due me
I do hereby revoke all former wills by me made - In testimony
hereof I have hereunto set my hand and seal this twenty seventh
day of December in the year 1856 -
Evy Adams {Seal}
Signed and acknowledged by said Evy Adams as his last Will
and testament in our presence and signed by us in his presence -
Jacob Hathaway
John Adams -
The State of Ohio Delaware County SS.
We Jacob Hathaway and John Adams being duly sworn in open Court this 3rd
day of March A.D. 1857 depose and say that we were present at the execu-
tion of the last will and testament of Evy Adams dec'd hereto annexed
that we saw the said testator subscribe said will and heard him
publish and delcare the same to be his last will and testament, and
that the said testator at the time of executng the same was of full
age, and of sound mind and memory, and not under any restraint
and that we signed the same as witnesses at his request and in
his presence, and in the presence of each other -
Jacob Hathaway
John Adams
Sworn to and subscribed before me this 3rd day of March A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 376)
Description
[Page 376]
[Corresponds to labeled page 324 of Will Book 3]
324 Matter of Francis Twiggs Will -
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 28th day of February A.D. 1857 -
Be it Remembered that heretofore to wit on the 14th day of January
A.D. 1857 the following Petition was filed herein to wit:
In Delaware County Probate Court
To the Honorable I. Ranney Probate Judge within and for the County
of Delaware and State of Ohio -
Your Petitioners and applicants Julia Ann Fancher and
Joseph Fancher her husband of the County and State aforesaid
would most respectfully represent that one Francis Twiggs late of
this county deceased, during his lifetime made his last will and
testament in accordance with the requirements of the Statute in
such case made and provided: and that at the time he so executed
said last will and testament he was of sound and disposing mind
and memory and legally qualified to make a will that he was
the grandfather of said Julia Ann Fancher, and that her mother
who was then alive was his only chld and heir at law, that in and
by virtue of said will and testament aforesaid he bequeathed and
devised to said Julia Ann all the Real Estate which he shall
own at the time of his decease -
And Your Petitioners further say that said Francis Twiggs
deeased in the year A.D. 1850 and at the time of his decease he
owner "The undivided one half of the following Real Estate situated
in Genoa Township Delaware County in the State of Ohio in Range l7
Township 3. Section 3. North part of Lot No. 30 U.S.M. Lands containing
about 133 acres, being the farm formerly owned by H. Fancher deceased
and now occupied by Samuel Coulter - and that he left said last
will and testament uncancelled and unrevoked and in full force
and virtue -
Your Petitioners and applicants have lately learned the
fact of the existence of said Will and have also learned the further
fact that One Samuel Coulter who now professes to own the above
described land has since the death of said Twiggs, either lost
spoliated or destroyed said Will for the purpose of defrauding said
Julia out of said lands, that one Asa Brown who resides in Licking
County Ohio was one of the witnesses to said Will and the other one
was Myers who has since deceased
Your Petitioners and applicants therefore desire to make said
Sam'l Coulter who is interested herein a party to this proceedings and
that on the final hearing hereof, the Court may find and establish the
contents of said Will and admit the same to Probate and for other proper
relief -
By W. P. Reid - H. I. Eaton Atty's for Applicants & Petitioners -
[Corresponds to labeled page 324 of Will Book 3]
324 Matter of Francis Twiggs Will -
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 28th day of February A.D. 1857 -
Be it Remembered that heretofore to wit on the 14th day of January
A.D. 1857 the following Petition was filed herein to wit:
In Delaware County Probate Court
To the Honorable I. Ranney Probate Judge within and for the County
of Delaware and State of Ohio -
Your Petitioners and applicants Julia Ann Fancher and
Joseph Fancher her husband of the County and State aforesaid
would most respectfully represent that one Francis Twiggs late of
this county deceased, during his lifetime made his last will and
testament in accordance with the requirements of the Statute in
such case made and provided: and that at the time he so executed
said last will and testament he was of sound and disposing mind
and memory and legally qualified to make a will that he was
the grandfather of said Julia Ann Fancher, and that her mother
who was then alive was his only chld and heir at law, that in and
by virtue of said will and testament aforesaid he bequeathed and
devised to said Julia Ann all the Real Estate which he shall
own at the time of his decease -
And Your Petitioners further say that said Francis Twiggs
deeased in the year A.D. 1850 and at the time of his decease he
owner "The undivided one half of the following Real Estate situated
in Genoa Township Delaware County in the State of Ohio in Range l7
Township 3. Section 3. North part of Lot No. 30 U.S.M. Lands containing
about 133 acres, being the farm formerly owned by H. Fancher deceased
and now occupied by Samuel Coulter - and that he left said last
will and testament uncancelled and unrevoked and in full force
and virtue -
Your Petitioners and applicants have lately learned the
fact of the existence of said Will and have also learned the further
fact that One Samuel Coulter who now professes to own the above
described land has since the death of said Twiggs, either lost
spoliated or destroyed said Will for the purpose of defrauding said
Julia out of said lands, that one Asa Brown who resides in Licking
County Ohio was one of the witnesses to said Will and the other one
was Myers who has since deceased
Your Petitioners and applicants therefore desire to make said
Sam'l Coulter who is interested herein a party to this proceedings and
that on the final hearing hereof, the Court may find and establish the
contents of said Will and admit the same to Probate and for other proper
relief -
By W. P. Reid - H. I. Eaton Atty's for Applicants & Petitioners -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 377)
Description
[Page 377]
[Corresponds to labeled page 325 of Will Book 3]
Matter of Francis Twiggs Last Will and Testament 325
And afterwards to wit, on the 20th day of January A.D. 1857 the following
Answer was filed herein to wit:
To the Hon' The Probate Court, within and for the County of Delaware
Ohio -
Samuel Coulter by Charles Sweetser his Atty - now comes and
answers the Petition of Julia Ann Fancher and Husband, and says
that it is not true that Francis Twiggs ever made a Will in manner
and form as stated in Petition -
This it is not true that said Francis Twiggs died leaving
a Will, which Will this defendant has destroyed lost or spoliated -
The said Samuel Coulter further answering saith that
said Francis Twiggs in his lifetime transferred certain claims
and notes in the hands of this Defendant to be invested in Real Estate
for the benefit of this Defendant and his then wife who was a daughter
of the said Twiggs and this Defendant so invested the money and notes
which Real Estate at the death of the said intestate descended to
this Defendants wife, Daughter as aforesaid who was the sole Heir of the
said Twiggs, that the said Mrs. Coulter afterwards by Will duly
executed devised the said lands and tenements to this Defendant
as she lawfully might do which will was litigated by the said
Joseph Fancher, which litigation was determined in favor of this
Defendant -
And this Defendant avers that in the litigation and settlement
of matters in relation to Mrs. Coulters Will all matters were adjusted
between the said Fancher, and this Defendant, and that the said
Fancher is now omiting this question in relation to a pretended
will of said Twiggs as a matter of annoyance -
By Charles Sweetser His Atty
And afterwards to wit on the 20th day of January A.D. 1857 the
following Order was had and entered herein to wit:
Matter of Last Will etc of Francis Twiggs dec'd
Application having been made to this Court by the petition of
Julia A. Fancher et al, one of the legatees as is alleged under the
last Will and Testament of said Francis Twiggs, said to have been
left at the time of his decease in full force and virtue, but since lost
spoliated or destroyed, to admit said lost, spoliated or destroyed Will
to Probate and Record, and it appearing to the Court that Asa
Brown said to be one of the subscribing witnesses to said Will and
other material Witnesses reside out of the jurisdiction of this Court
in Licking County Ohio - It is ordered that a Commission issue
to take the deposition of said Asa Brown and any and all
other witnesses resident in Licking County Ohio, whose testimony
may be deemed material and important in this matter by any
[Corresponds to labeled page 325 of Will Book 3]
Matter of Francis Twiggs Last Will and Testament 325
And afterwards to wit, on the 20th day of January A.D. 1857 the following
Answer was filed herein to wit:
To the Hon' The Probate Court, within and for the County of Delaware
Ohio -
Samuel Coulter by Charles Sweetser his Atty - now comes and
answers the Petition of Julia Ann Fancher and Husband, and says
that it is not true that Francis Twiggs ever made a Will in manner
and form as stated in Petition -
This it is not true that said Francis Twiggs died leaving
a Will, which Will this defendant has destroyed lost or spoliated -
The said Samuel Coulter further answering saith that
said Francis Twiggs in his lifetime transferred certain claims
and notes in the hands of this Defendant to be invested in Real Estate
for the benefit of this Defendant and his then wife who was a daughter
of the said Twiggs and this Defendant so invested the money and notes
which Real Estate at the death of the said intestate descended to
this Defendants wife, Daughter as aforesaid who was the sole Heir of the
said Twiggs, that the said Mrs. Coulter afterwards by Will duly
executed devised the said lands and tenements to this Defendant
as she lawfully might do which will was litigated by the said
Joseph Fancher, which litigation was determined in favor of this
Defendant -
And this Defendant avers that in the litigation and settlement
of matters in relation to Mrs. Coulters Will all matters were adjusted
between the said Fancher, and this Defendant, and that the said
Fancher is now omiting this question in relation to a pretended
will of said Twiggs as a matter of annoyance -
By Charles Sweetser His Atty
And afterwards to wit on the 20th day of January A.D. 1857 the
following Order was had and entered herein to wit:
Matter of Last Will etc of Francis Twiggs dec'd
Application having been made to this Court by the petition of
Julia A. Fancher et al, one of the legatees as is alleged under the
last Will and Testament of said Francis Twiggs, said to have been
left at the time of his decease in full force and virtue, but since lost
spoliated or destroyed, to admit said lost, spoliated or destroyed Will
to Probate and Record, and it appearing to the Court that Asa
Brown said to be one of the subscribing witnesses to said Will and
other material Witnesses reside out of the jurisdiction of this Court
in Licking County Ohio - It is ordered that a Commission issue
to take the deposition of said Asa Brown and any and all
other witnesses resident in Licking County Ohio, whose testimony
may be deemed material and important in this matter by any
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 378)
Description
[Page 378]
[Corresponds to labeled page 326 of Will Book 3]
326 Matter of Last Will &c of Francis Twiggs dec'd
of the parties in interest touching the due execution loss, destruction
spoliation or revocation of said Will to be directed to Wm D. Heim
Esq. who shall execute and return the same according to the
statute in such casse made and provided.
And afterwards to wit on the 30th day of January A.D. 1857 the
following return of said Commission was filed herein to wit:
Probate Court Delaware County
State of Ohio January 20th 1857
To Wm D. Heim Esq 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 authority to examine and take the
deposition of Asa Brown and any and all other witnesses resident
in Licking County Ohio whose testimony may be deemed important
and material in the matter of Francis Twiggs last Will and testa-
ment touching the due execution revocation loss, destruction and spo-
liation of said Will of the said Francis Twiggs late of said County of
Delaware dec'd -
And therefore we command you that at certain days and places
to be appointed by you, you cause the said Asa Brown and such
other material witnesses as may be deemed by any of the parties in
interest to be brought before you, and then and there examine him or
them upon his or their corporal oath or affirmation first taken before
you touching the due execution revocation, destruction, loss or spoliation
of the said Will of the said Francis Twiggs, And that you reduce
such examination to writing and return the same together with this
writ closed up under your seal, into our said Court of Probate with
all convenient speed -
{Seal} Witness my signature as Judge and the seal
of said Court at Delaware Ohio this 20th day of
January A.D. 1857
Isaac Ranney Judge of said Court
To the Probate Court of Delaware County Ohio -
The execution of this Commission hereby appears by the Deposition of Amy
Myers Asa Brown, John Cain and Lewis Myers, who were each severally
sworn, previous to their examination and the same then reduced to
writing by me, in the presence of Counsel representing both parties,
and hereto annexed to this Commission - All of which is
Respectfully Submitted
W. D. Heim Commissioner
Delaware Jan' 30th 1857 -
[Corresponds to labeled page 326 of Will Book 3]
326 Matter of Last Will &c of Francis Twiggs dec'd
of the parties in interest touching the due execution loss, destruction
spoliation or revocation of said Will to be directed to Wm D. Heim
Esq. who shall execute and return the same according to the
statute in such casse made and provided.
And afterwards to wit on the 30th day of January A.D. 1857 the
following return of said Commission was filed herein to wit:
Probate Court Delaware County
State of Ohio January 20th 1857
To Wm D. Heim Esq 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 authority to examine and take the
deposition of Asa Brown and any and all other witnesses resident
in Licking County Ohio whose testimony may be deemed important
and material in the matter of Francis Twiggs last Will and testa-
ment touching the due execution revocation loss, destruction and spo-
liation of said Will of the said Francis Twiggs late of said County of
Delaware dec'd -
And therefore we command you that at certain days and places
to be appointed by you, you cause the said Asa Brown and such
other material witnesses as may be deemed by any of the parties in
interest to be brought before you, and then and there examine him or
them upon his or their corporal oath or affirmation first taken before
you touching the due execution revocation, destruction, loss or spoliation
of the said Will of the said Francis Twiggs, And that you reduce
such examination to writing and return the same together with this
writ closed up under your seal, into our said Court of Probate with
all convenient speed -
{Seal} Witness my signature as Judge and the seal
of said Court at Delaware Ohio this 20th day of
January A.D. 1857
Isaac Ranney Judge of said Court
To the Probate Court of Delaware County Ohio -
The execution of this Commission hereby appears by the Deposition of Amy
Myers Asa Brown, John Cain and Lewis Myers, who were each severally
sworn, previous to their examination and the same then reduced to
writing by me, in the presence of Counsel representing both parties,
and hereto annexed to this Commission - All of which is
Respectfully Submitted
W. D. Heim Commissioner
Delaware Jan' 30th 1857 -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 379)
Description
[Page 379]
[Corresponds to labeled page 327 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 327
Depositions of Witnesses taken in the Town of Kirkersville, Licking
County Ohio in pursuance to the Commission hereto attached, relative
to the execution revocation loss destruction or spoliation of a Will of
said Francis Twiggs, late of Delaware County Ohio deceased -
Any Myers, aged 60 years a resident of Kirkersville Licking County
Ohio, being first duly sworn, deposes and says -
1st Question
by Mr. R.
Were you acquainted with Francis Twiggs during his lifetime and
what relation was he to you?
Answer
Says she was acquainted with Francis Twiggs since she was a child
and he was my Mothers Brother -
2nd Question
by Mr. R.
Were you acquainted with Parthena Coulter (wife of Samuel Coulter)
and her daughter Julia Ann Fancher, if so, how long and what
relation were they to said Francis Twiggs dec'd?
Answer
Was acquainted with both since they were children Parthena Coulter
was Francis Twiggs only living child, and Julia Ann Fancher was his
only child: Mrs Myers and her husband lived in the neighborhood
with Francis Twiggs dec'd for more than thirty years, previous to the
removal of Mr Twiggs to Delaware County: their residence was about
1-1/2 miles apart, and that the families were quite intimate, My husband
always wrote his name as Jacob Myers Esq and held the Office of
Justice of the Peace in the neighborhood for about 20 years, And was
generally in the habit of writing Wills in the neighborhood, when called
upon so to do -
3rd Question
by M. R.
Was your husband in the habit of using a form Book, when writing
Wills, and did he own one?
Question objected to because its leading
Answer
by Mrs. M.
He did use a form book and owned one -
4th Question
by Mr. R.
Did you ever hear Mr. Twiggs say during his lifetime what disposition
he expected to make of his property at his death, and if so in what
manner
Question and Answer objected to by Atty for Coulter because inadmissable
Answer
by Mrs. M -
I was at their House one day, and Julia Coulter had a Horse
that was grown up and given to her by Mr. Twiggs, and Mr. Twiggs
proposed to Julia to trade the grown horse for a colt, and told her
if would make no difference, as it would be all yours some day, she
does not mind whether she heard him say so more than the one time -
[Corresponds to labeled page 327 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 327
Depositions of Witnesses taken in the Town of Kirkersville, Licking
County Ohio in pursuance to the Commission hereto attached, relative
to the execution revocation loss destruction or spoliation of a Will of
said Francis Twiggs, late of Delaware County Ohio deceased -
Any Myers, aged 60 years a resident of Kirkersville Licking County
Ohio, being first duly sworn, deposes and says -
1st Question
by Mr. R.
Were you acquainted with Francis Twiggs during his lifetime and
what relation was he to you?
Answer
Says she was acquainted with Francis Twiggs since she was a child
and he was my Mothers Brother -
2nd Question
by Mr. R.
Were you acquainted with Parthena Coulter (wife of Samuel Coulter)
and her daughter Julia Ann Fancher, if so, how long and what
relation were they to said Francis Twiggs dec'd?
Answer
Was acquainted with both since they were children Parthena Coulter
was Francis Twiggs only living child, and Julia Ann Fancher was his
only child: Mrs Myers and her husband lived in the neighborhood
with Francis Twiggs dec'd for more than thirty years, previous to the
removal of Mr Twiggs to Delaware County: their residence was about
1-1/2 miles apart, and that the families were quite intimate, My husband
always wrote his name as Jacob Myers Esq and held the Office of
Justice of the Peace in the neighborhood for about 20 years, And was
generally in the habit of writing Wills in the neighborhood, when called
upon so to do -
3rd Question
by M. R.
Was your husband in the habit of using a form Book, when writing
Wills, and did he own one?
Question objected to because its leading
Answer
by Mrs. M.
He did use a form book and owned one -
4th Question
by Mr. R.
Did you ever hear Mr. Twiggs say during his lifetime what disposition
he expected to make of his property at his death, and if so in what
manner
Question and Answer objected to by Atty for Coulter because inadmissable
Answer
by Mrs. M -
I was at their House one day, and Julia Coulter had a Horse
that was grown up and given to her by Mr. Twiggs, and Mr. Twiggs
proposed to Julia to trade the grown horse for a colt, and told her
if would make no difference, as it would be all yours some day, she
does not mind whether she heard him say so more than the one time -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 380)
Description
[Page 380]
[Corresponds to labeled page 328 of Will Book 3]
328 Matter of Last Will &c of Francis Twiggs dec'd
5th Question
by Mr. R.
Is your Husband Jacob Myers Esq dead, if so where did he die,
and when?
Answer
By Mrs. M.
My Husband is dead, died on the 17th day of May 1850, about 4 miles
from Hebron , at his old place of residence -
6th Question
Did Francis Twiggs dec'd apply to your husband to write his will, if
so, to state what occurred in relation to it -
Question and answer objected to by Atty for Coulter being inadmissable -
Answer
I mind of hearing him tell my man, he wanted him to write
his Will. Her husband went up to Uncle Twiggs house and when
he came back he said he had written her Uncle Twiggs Will.
It was before Mr. Twiggs had moved up to Delaware -
8 Question
by Mr. R.
Was Mr. Twiggs very much attached to Julia Ann Fancher or not?
Question and answer objected to by Atty for Coulter being admissable
Question 9
by Mr. R.
What was the state of Mr. Twiggs feeling towards Julia Ann Fancher?
Answer
His feelings were very affectionate towards her, Her husbands brother
John Myers lived close by them and he is also dead -
Question 10
by Mr. R
Where did Julia Ann Fancher reside most of her time while here
in Licking County in Coulters or Twiggs family?
Answer
by Mrs. M.
She was at her grandfathers very often, Coulter and Twiggs lived
about three miles apart -
11 Question
By Mr. R -
Did you ever hear your Husband, say more than once, he had
written the Will of Francis Twiggs, if so how often and what did he
say?
Question and answer objected to by Atty for Coulter as inadmissable
Answer
by Mrs. M.
I do not remember that I did -
12 Question
By Mr. R -
Was your Husband in the habit of telling you the contents of Wills he
was writing?
Question and answer objected to as immaterial
Answer
No Sir
13 Question
by Mr. R -
Were you acquainted with Julia Ann Twiggs and if so, how long?
Answer
by Mrs. M.
Have known her ever since she can remember
[Corresponds to labeled page 328 of Will Book 3]
328 Matter of Last Will &c of Francis Twiggs dec'd
5th Question
by Mr. R.
Is your Husband Jacob Myers Esq dead, if so where did he die,
and when?
Answer
By Mrs. M.
My Husband is dead, died on the 17th day of May 1850, about 4 miles
from Hebron , at his old place of residence -
6th Question
Did Francis Twiggs dec'd apply to your husband to write his will, if
so, to state what occurred in relation to it -
Question and answer objected to by Atty for Coulter being inadmissable -
Answer
I mind of hearing him tell my man, he wanted him to write
his Will. Her husband went up to Uncle Twiggs house and when
he came back he said he had written her Uncle Twiggs Will.
It was before Mr. Twiggs had moved up to Delaware -
8 Question
by Mr. R.
Was Mr. Twiggs very much attached to Julia Ann Fancher or not?
Question and answer objected to by Atty for Coulter being admissable
Question 9
by Mr. R.
What was the state of Mr. Twiggs feeling towards Julia Ann Fancher?
Answer
His feelings were very affectionate towards her, Her husbands brother
John Myers lived close by them and he is also dead -
Question 10
by Mr. R
Where did Julia Ann Fancher reside most of her time while here
in Licking County in Coulters or Twiggs family?
Answer
by Mrs. M.
She was at her grandfathers very often, Coulter and Twiggs lived
about three miles apart -
11 Question
By Mr. R -
Did you ever hear your Husband, say more than once, he had
written the Will of Francis Twiggs, if so how often and what did he
say?
Question and answer objected to by Atty for Coulter as inadmissable
Answer
by Mrs. M.
I do not remember that I did -
12 Question
By Mr. R -
Was your Husband in the habit of telling you the contents of Wills he
was writing?
Question and answer objected to as immaterial
Answer
No Sir
13 Question
by Mr. R -
Were you acquainted with Julia Ann Twiggs and if so, how long?
Answer
by Mrs. M.
Have known her ever since she can remember
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 381)
Description
[Page 381]
[Corresponds to labeled page 329 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 329
14 Question
If Samuel Coulter his son-in-law has had any influence over her
since the death of her husband, if so, to what extent?
Answer
She has no knowledge of them since they left Licking County
15 Question
Had you had any conversation with Sam'l Coulter in reference
to Mr Twiggs Will?
Question and Answer objected to as inadmissable
Answer
I've heard him say he did not believe there ever was a Will, that
he never heard any thing of it, until after the death of Francis
Twiggs; this conversation took place within two weeks past
16 Question
Who did Coulter say told him about the Will after Twiggs death?
Answer
I don't know as he told who -
17 Question
What was it he said his wife (Parthena) told him about the will
after Mr. Twiggs death?
Question and answer objected to as inadmissable
Answer
I do not remember that she said anything about -
Cross Examined by Mr Woods, Atty for Coulter
State at what time the conversation related by you in your
answer to the 4th Interrogatory took place and who were present?
Answer
It may be a year or two before Twiggs moved to Delaware Co. or
longer, I cannot say how long it was, but think it was at the
time Coulters family lived at Twiggs, as near as I can remember
I can't remember about who were present, may be her Mother and
she is gone, and maybe her Grandmother -
Question
At what season of the year did this conversation take place?
Answer
Cannot tell, it was warm weather, some time in the summer
season -
Question
On what part of the premises did it take place?
Answer
It was in her Grandfathers own house, and there was only one
room to the house -
Question
What was Julia Ann's age at that time?
Answer
I
I should say she was 12 or 13 years old, may be not so old, a
[Corresponds to labeled page 329 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 329
14 Question
If Samuel Coulter his son-in-law has had any influence over her
since the death of her husband, if so, to what extent?
Answer
She has no knowledge of them since they left Licking County
15 Question
Had you had any conversation with Sam'l Coulter in reference
to Mr Twiggs Will?
Question and Answer objected to as inadmissable
Answer
I've heard him say he did not believe there ever was a Will, that
he never heard any thing of it, until after the death of Francis
Twiggs; this conversation took place within two weeks past
16 Question
Who did Coulter say told him about the Will after Twiggs death?
Answer
I don't know as he told who -
17 Question
What was it he said his wife (Parthena) told him about the will
after Mr. Twiggs death?
Question and answer objected to as inadmissable
Answer
I do not remember that she said anything about -
Cross Examined by Mr Woods, Atty for Coulter
State at what time the conversation related by you in your
answer to the 4th Interrogatory took place and who were present?
Answer
It may be a year or two before Twiggs moved to Delaware Co. or
longer, I cannot say how long it was, but think it was at the
time Coulters family lived at Twiggs, as near as I can remember
I can't remember about who were present, may be her Mother and
she is gone, and maybe her Grandmother -
Question
At what season of the year did this conversation take place?
Answer
Cannot tell, it was warm weather, some time in the summer
season -
Question
On what part of the premises did it take place?
Answer
It was in her Grandfathers own house, and there was only one
room to the house -
Question
What was Julia Ann's age at that time?
Answer
I
I should say she was 12 or 13 years old, may be not so old, a
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 382)
Description
[Page 382]
[Corresponds to labeled page 330 of Will Book 3]
330 Matter of Last Will &c of Francis Twiggs dec'd
clever chunk of a girl
Question
How long after this conversation, before Twiggs moved to Del-
aware County?
Answer
She don't know how long, it must be some 2 or 3 years, may be longer,
can't remember -
Question
When did Mr. Twiggs move to Delaware County?
Question
When your husband returned from Mr. Twiggs house and said he
had written his Will, and stated by you in your answer in interrag-
atory No. ? Did he have his Form Book with him?
Answer
He never did any business without having a form book and don't
remember of seeing it when he returned home, but he must of had it.
Question
Why do you say he must of have had it?
Answer
Because it was ruleable for him to take it -
Question
What form book did he use?
Answer
Well, he had Clerks and McDougals, the one she calls Clerks
is herewith shown on Examination and was the one usually used
by him
Question
State whether you have ever had any conversation with any
one with reference to your testimony in this case, and if so when and
with whom?
Answer
Not with any person but Mr. Reid, he was here during the summer
and said he wanted to take my deposition, the Atty for Fancher
Question
What conversation took place between you and Mr. Reid at that time,
in reference to your testimony in this case?
Answer
Well, he wanted to know if I knew anything of the contents of the
Will, I told him I did not know the contents of the Will, but that
my old man told me he had wrote a will for Uncle Frank
Twiggs, and he wanted to know if I knew who were the witnesses to
the will, and I told him I could not tell him -
Question
Have you had any further conversation with Mr. Reid on the same
subject today?
Answer
Mr. Reid called on me today, and told me he had come to take
my deposition. Don't recollect as I had any other conversation about it
with him -
[Corresponds to labeled page 330 of Will Book 3]
330 Matter of Last Will &c of Francis Twiggs dec'd
clever chunk of a girl
Question
How long after this conversation, before Twiggs moved to Del-
aware County?
Answer
She don't know how long, it must be some 2 or 3 years, may be longer,
can't remember -
Question
When did Mr. Twiggs move to Delaware County?
Question
When your husband returned from Mr. Twiggs house and said he
had written his Will, and stated by you in your answer in interrag-
atory No. ? Did he have his Form Book with him?
Answer
He never did any business without having a form book and don't
remember of seeing it when he returned home, but he must of had it.
Question
Why do you say he must of have had it?
Answer
Because it was ruleable for him to take it -
Question
What form book did he use?
Answer
Well, he had Clerks and McDougals, the one she calls Clerks
is herewith shown on Examination and was the one usually used
by him
Question
State whether you have ever had any conversation with any
one with reference to your testimony in this case, and if so when and
with whom?
Answer
Not with any person but Mr. Reid, he was here during the summer
and said he wanted to take my deposition, the Atty for Fancher
Question
What conversation took place between you and Mr. Reid at that time,
in reference to your testimony in this case?
Answer
Well, he wanted to know if I knew anything of the contents of the
Will, I told him I did not know the contents of the Will, but that
my old man told me he had wrote a will for Uncle Frank
Twiggs, and he wanted to know if I knew who were the witnesses to
the will, and I told him I could not tell him -
Question
Have you had any further conversation with Mr. Reid on the same
subject today?
Answer
Mr. Reid called on me today, and told me he had come to take
my deposition. Don't recollect as I had any other conversation about it
with him -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 383)
Description
[Page 383]
[Corresponds to labeled page 331 of Will Book 3]
Matter of Last Will etc of Francis Twiggs 331
Re Examination
Question
by Mr. R -
Have I said any thing to you, to induce you to change your recollection
of the facts, or influence you in your evidence in this case?
Answer
No sir he hasnt
Question
Did you see Mr. Twiggs frequently immediately before and after your
husband went there to write his will and said he had writen his
will?
Answer
I saw him frequently before and after, and know him to have been
of sound and disposing mind and memory at that time, and acting
under no restraint to my knowledge and he was able and transacting
his business at the time -
Question
Was it before or after he had made his will, he spoke to Julia Ann
Fancher about trading the Horse for the Colt, as stated in your Answer
to 4th Interrogatory?
Question
I think it was before before some two or three years maybe not so long
I cannot remember -
Question
Was John Myers spoken of in your deposition a witness to the will?
Question and answer objected to by Mr. QWoods Atty for Coulter
Answer
I can't say whether he was or not I heard him say something
about the will. He was talking about old folks writing their wills,
and said it was right for Mr. Twiggs to make his will
Deponent saith not further }
Attest - W. D. Heim Com' } Amy Myers -
Asa Brown aged 55 a resident of Licking County Ohio being first
duly sworn deposes and says -
Question
by Mr. Reid
Were you acquainted with Francis Twiggs, his wife Julia Ann, his daughter
Parthena Coulter, San'l Coulter her husband, and Julia Ann Fancher,
formerly Julia Ann Coulter, if so, how long?
Answer
I think it was in the year 1832 I moved into a farm adjoining
Francis Twiggs, about 5 miles from Hebron, in Licking County, and
lived adjoining farms, until Twiggs moved to Delaware County, was
acquainted with all the other parties mentioned since that time -
except Mr. Coulter who I have known since the year 1814 -
Question
Were you acquainted with John and Jacob Myers who formerly resided in
your neighborhood, and, if so, what has become of them?
[Corresponds to labeled page 331 of Will Book 3]
Matter of Last Will etc of Francis Twiggs 331
Re Examination
Question
by Mr. R -
Have I said any thing to you, to induce you to change your recollection
of the facts, or influence you in your evidence in this case?
Answer
No sir he hasnt
Question
Did you see Mr. Twiggs frequently immediately before and after your
husband went there to write his will and said he had writen his
will?
Answer
I saw him frequently before and after, and know him to have been
of sound and disposing mind and memory at that time, and acting
under no restraint to my knowledge and he was able and transacting
his business at the time -
Question
Was it before or after he had made his will, he spoke to Julia Ann
Fancher about trading the Horse for the Colt, as stated in your Answer
to 4th Interrogatory?
Question
I think it was before before some two or three years maybe not so long
I cannot remember -
Question
Was John Myers spoken of in your deposition a witness to the will?
Question and answer objected to by Mr. QWoods Atty for Coulter
Answer
I can't say whether he was or not I heard him say something
about the will. He was talking about old folks writing their wills,
and said it was right for Mr. Twiggs to make his will
Deponent saith not further }
Attest - W. D. Heim Com' } Amy Myers -
Asa Brown aged 55 a resident of Licking County Ohio being first
duly sworn deposes and says -
Question
by Mr. Reid
Were you acquainted with Francis Twiggs, his wife Julia Ann, his daughter
Parthena Coulter, San'l Coulter her husband, and Julia Ann Fancher,
formerly Julia Ann Coulter, if so, how long?
Answer
I think it was in the year 1832 I moved into a farm adjoining
Francis Twiggs, about 5 miles from Hebron, in Licking County, and
lived adjoining farms, until Twiggs moved to Delaware County, was
acquainted with all the other parties mentioned since that time -
except Mr. Coulter who I have known since the year 1814 -
Question
Were you acquainted with John and Jacob Myers who formerly resided in
your neighborhood, and, if so, what has become of them?
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 384)
Description
[Page 384]
[Corresponds to labeled page 332 of Will Book 3]
332 Matter of Last Will &c of Francis Twiggs dec'd
Answer
They have both been dead some four years, I can't say how long -
Question
Are you acquainted with the handwriting of Jacob Myers dec'd?
Answer
I was to some extent, Mr. Myers was a Justice of the Peace in
the neigiborhood, we had frequently been together in which he
acted as Justice, in swearing appraisers
Question
Have you seen much of Mr. Myers writing, and could you identify
it?
Answer
As a general thing, I could
Question
Were you intimately acquainted with Francis Twiggs deceased?
Answer
I was -
Question
Was he of sound and disposing miind and memory and capable
of transacting business up to the time he left Licking County?
Answer
When duly sober I think he was -
Question
Have you ever had any conversation with Francis Twiggs with
reference to how he intended to dispose of his property at the time
of his death, if so, when and where and what was it?
Question and answer objected to by Coulters Atty as inadmissable
Answer
I had not until after I signed my name to the will -
Question
When and where did you sign your name to a Will, and whose
Will was it, and what occurred at the time?
Answer
The time I cannot remember the day and the year - At my house
in Union Township Licking County Ohio. It was the Will of Francis
Twigg, Mr. Twigg came to me where I was at work, if my memory
serves me, it was at the barn He presented a Will asked me to sign
my name to it as witness but said you had better read it first -
I done so - Then asked him if it was his will, he said it was
I then went to the house and wrote my name on the same as
witness: He was present and saw me write it. I then asked him
why he made such a Will, he answered as near as I can remember
as follows, My wife and me laboured for our living together
I have done with it as I pleased and will while I live after
I am dead I allow her to do the same - I then asked him
why he gave the real estate to his Grand-daughter Julia Ann
He said he intended her to have it, that Sam, meaning Coulter
had not managed his own business very well, and he never intended
him to have aything more than his personal property after the death
of his wife, meaning Julia Ann Twigg -
So much of the above answer as purports to state conversation between witness
and Twiggs objected to by Coulters Atty as inadmissable -
Question
In whose handwriting was the will presented to you for attestation?
Answer
I considered it Jacob Myers Esq I asked Mr. Twigg, if it was not
He said it was -
Above answer objected to upon same grounds as the preceding Answer
Question
Had Twigg signed his name to the will before you saw it, or afterwards?
Objected to as leading by Coulters Attorney -
[Corresponds to labeled page 332 of Will Book 3]
332 Matter of Last Will &c of Francis Twiggs dec'd
Answer
They have both been dead some four years, I can't say how long -
Question
Are you acquainted with the handwriting of Jacob Myers dec'd?
Answer
I was to some extent, Mr. Myers was a Justice of the Peace in
the neigiborhood, we had frequently been together in which he
acted as Justice, in swearing appraisers
Question
Have you seen much of Mr. Myers writing, and could you identify
it?
Answer
As a general thing, I could
Question
Were you intimately acquainted with Francis Twiggs deceased?
Answer
I was -
Question
Was he of sound and disposing miind and memory and capable
of transacting business up to the time he left Licking County?
Answer
When duly sober I think he was -
Question
Have you ever had any conversation with Francis Twiggs with
reference to how he intended to dispose of his property at the time
of his death, if so, when and where and what was it?
Question and answer objected to by Coulters Atty as inadmissable
Answer
I had not until after I signed my name to the will -
Question
When and where did you sign your name to a Will, and whose
Will was it, and what occurred at the time?
Answer
The time I cannot remember the day and the year - At my house
in Union Township Licking County Ohio. It was the Will of Francis
Twigg, Mr. Twigg came to me where I was at work, if my memory
serves me, it was at the barn He presented a Will asked me to sign
my name to it as witness but said you had better read it first -
I done so - Then asked him if it was his will, he said it was
I then went to the house and wrote my name on the same as
witness: He was present and saw me write it. I then asked him
why he made such a Will, he answered as near as I can remember
as follows, My wife and me laboured for our living together
I have done with it as I pleased and will while I live after
I am dead I allow her to do the same - I then asked him
why he gave the real estate to his Grand-daughter Julia Ann
He said he intended her to have it, that Sam, meaning Coulter
had not managed his own business very well, and he never intended
him to have aything more than his personal property after the death
of his wife, meaning Julia Ann Twigg -
So much of the above answer as purports to state conversation between witness
and Twiggs objected to by Coulters Atty as inadmissable -
Question
In whose handwriting was the will presented to you for attestation?
Answer
I considered it Jacob Myers Esq I asked Mr. Twigg, if it was not
He said it was -
Above answer objected to upon same grounds as the preceding Answer
Question
Had Twigg signed his name to the will before you saw it, or afterwards?
Objected to as leading by Coulters Attorney -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 385)
Description
[Page 385]
[Corresponds to labeled page 333 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 333
Answer
It was before -
Question
Whose name was signed to the Will if any when you first saw it?
Answer
Jacob Myers was on it as witness, I am not positive of any other -
Question
What is your recollection as to John Myers name being a witness
to the Will, when presented to you?
Answer
I Have no distinct recollection of John Myers name being on the
will - I think there was a name besides Jacob Myers from this
fact because I asked him why he wanted my name as there was
enough without - His answer was I was younger than all the rest and
might outlive all the rest -
Question
Have you a distinct recollection as to the contents of the will so far
as his bequeathed or disposed of his property if so, state what the
contents of the will were, and give the precise words of the will
so far as you can recollect the same -
Answer
I think I have a distinct recollection: the distinct words of the
Will I don't know as I can recollect now - but as it respects the
bequeathing of property I distinctly recollect - First I will and
bequeath that my funeral expenses and lawful debts all be
paid - Then that my wife Julia Ann have all my estate real
and personal during her natural lifetime after her death I
will and bequeath to my daughter Parthena Coulter all my
personal property, and to her daughter Julia Ann all my real estate
Question
Was there anything else in the will relative to a distribution of
his property, if so, what was it?
Answer
I have no recollection of any at this time -
Question
Do you recollect the introductory part of the will preceding the
above wording of the will, if so, give the words or contents, as near
as you can -
Answer
All the recollection I have of that is it was in the usual form
of legal Wills, I copied a great many wills and viewed it to be a
legal will from forms -
Question
To what forms of Wills do you refer?
Answer
I have drew from Swan's the next form I have is from Lawyer
Brazees of Lancaster, it being a Will he drew for my father
of which I have also a copy -
Question
Was there any Executor appointed in the Will of Twigg, and if so
who was it?
Answer
I recollect none -
Question
Do you recollect the conluding portion of the Will, after the words
you have given, if so, what were they?
Answer
I cannot recollect them -
Question
Were they in the ordinary form you refer to, in your answer to
former questions?
Objected to as leading by Coulters Atty
Answer
I considered it in the usual forms of wills
Question
In whose handwriting was Twiggs name to that Will?
[Corresponds to labeled page 333 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 333
Answer
It was before -
Question
Whose name was signed to the Will if any when you first saw it?
Answer
Jacob Myers was on it as witness, I am not positive of any other -
Question
What is your recollection as to John Myers name being a witness
to the Will, when presented to you?
Answer
I Have no distinct recollection of John Myers name being on the
will - I think there was a name besides Jacob Myers from this
fact because I asked him why he wanted my name as there was
enough without - His answer was I was younger than all the rest and
might outlive all the rest -
Question
Have you a distinct recollection as to the contents of the will so far
as his bequeathed or disposed of his property if so, state what the
contents of the will were, and give the precise words of the will
so far as you can recollect the same -
Answer
I think I have a distinct recollection: the distinct words of the
Will I don't know as I can recollect now - but as it respects the
bequeathing of property I distinctly recollect - First I will and
bequeath that my funeral expenses and lawful debts all be
paid - Then that my wife Julia Ann have all my estate real
and personal during her natural lifetime after her death I
will and bequeath to my daughter Parthena Coulter all my
personal property, and to her daughter Julia Ann all my real estate
Question
Was there anything else in the will relative to a distribution of
his property, if so, what was it?
Answer
I have no recollection of any at this time -
Question
Do you recollect the introductory part of the will preceding the
above wording of the will, if so, give the words or contents, as near
as you can -
Answer
All the recollection I have of that is it was in the usual form
of legal Wills, I copied a great many wills and viewed it to be a
legal will from forms -
Question
To what forms of Wills do you refer?
Answer
I have drew from Swan's the next form I have is from Lawyer
Brazees of Lancaster, it being a Will he drew for my father
of which I have also a copy -
Question
Was there any Executor appointed in the Will of Twigg, and if so
who was it?
Answer
I recollect none -
Question
Do you recollect the conluding portion of the Will, after the words
you have given, if so, what were they?
Answer
I cannot recollect them -
Question
Were they in the ordinary form you refer to, in your answer to
former questions?
Objected to as leading by Coulters Atty
Answer
I considered it in the usual forms of wills
Question
In whose handwriting was Twiggs name to that Will?
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 386)
Description
[Page 386]
[Corresponds to labeled page 334 of Will Book 3]
334 Matter of Last Will &c of Francis Twiggs dec'd
Answer
I cannot say
Question
Did Twigg acknowledge the will to be his last Will and testament
after his name was written to it and he brought it to you for your
signature?
Objected to as leading by Coulters Atty
Answer
I asked him if that was his will, he said it was -
Question
Was Twigg at the time of sound and disposing mind and memory
and under any restraint and what was his age?
Answer
I considered he was, of sound and disposing mind and memory
at that time, He was under no restraint that I know of, His age
I should judge was over 60 -
Question
How long before you signed the will as witness had it been
since Jacob Myers had written it?
Answer
I cant say how long, but only a few days and probably the same
day, I cant say what time of day it was he came to me to sign
it but probably about noon -
Question
How long previous to Twigg moving to Delaware County was it that
he made the will referred to?
Answer
I have no positive answer to make I can't tell, it has been at
least within the last fourteen years -
Question
Had you any conversation with Twigg after he made the above
will, previous to his death in reference to the disposition of his
property - at the time of his death?
Question and answer objected to by Coulters Atty as inadmissable
Answer
I have had no other conversation, except what I stated above and
never stated the contents of the will to any one, by reason of his
requesting me not to do so, His reason was for fear of hard feelings
Question
What was the state of feeling of Old man Twigg towards Julia
Ann, his Grandchild?
Answer
I thought he almost idolized her -
Question
Had you any conversation with Samuel Coulter in reference to
this Will, if so, when and where and what?
Question and answer objected to as inadmissable
Answer
I think it was last Friday a week he came to my house and asked
me if I know that whether Mr Twigg had made a will or not.
I told him he had and then gave him the contents as above
stated by me
Question
When did he say he first heard of the existence of the will?
Objected to by Coulters Atty as inadmissable and leading
Answer
Of this I am not positive, but I think through Mr. Reid. He
Coulter then stated afterwards that he knew Mr. Twigg had
spoken to Jacob Myers to write a will, but did not know that
it was ever written -
Question
What words were immediately over the names of the witnesses to
the will?
Answer
I cant tell what they were
[Corresponds to labeled page 334 of Will Book 3]
334 Matter of Last Will &c of Francis Twiggs dec'd
Answer
I cannot say
Question
Did Twigg acknowledge the will to be his last Will and testament
after his name was written to it and he brought it to you for your
signature?
Objected to as leading by Coulters Atty
Answer
I asked him if that was his will, he said it was -
Question
Was Twigg at the time of sound and disposing mind and memory
and under any restraint and what was his age?
Answer
I considered he was, of sound and disposing mind and memory
at that time, He was under no restraint that I know of, His age
I should judge was over 60 -
Question
How long before you signed the will as witness had it been
since Jacob Myers had written it?
Answer
I cant say how long, but only a few days and probably the same
day, I cant say what time of day it was he came to me to sign
it but probably about noon -
Question
How long previous to Twigg moving to Delaware County was it that
he made the will referred to?
Answer
I have no positive answer to make I can't tell, it has been at
least within the last fourteen years -
Question
Had you any conversation with Twigg after he made the above
will, previous to his death in reference to the disposition of his
property - at the time of his death?
Question and answer objected to by Coulters Atty as inadmissable
Answer
I have had no other conversation, except what I stated above and
never stated the contents of the will to any one, by reason of his
requesting me not to do so, His reason was for fear of hard feelings
Question
What was the state of feeling of Old man Twigg towards Julia
Ann, his Grandchild?
Answer
I thought he almost idolized her -
Question
Had you any conversation with Samuel Coulter in reference to
this Will, if so, when and where and what?
Question and answer objected to as inadmissable
Answer
I think it was last Friday a week he came to my house and asked
me if I know that whether Mr Twigg had made a will or not.
I told him he had and then gave him the contents as above
stated by me
Question
When did he say he first heard of the existence of the will?
Objected to by Coulters Atty as inadmissable and leading
Answer
Of this I am not positive, but I think through Mr. Reid. He
Coulter then stated afterwards that he knew Mr. Twigg had
spoken to Jacob Myers to write a will, but did not know that
it was ever written -
Question
What words were immediately over the names of the witnesses to
the will?
Answer
I cant tell what they were
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 387)
Description
[Page 387]
[Corresponds to labeled page 335 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 335
Cross Examination by Mr. Woods Atty for Coulter
Question
At what season of the year was it that you witnessed the paper
presented to you by Mr. Twigg?
Answer
I cannot say but it was moderately warm and pleasant weather
at all events -
Question
What were you doing when Twigg came to your farm to get you to
witness the paper?
Answer
I cant say, I might been out feeding my horse, cleaning up grain
or doing something else-
Question
Who, if any one, was present at the barn besides you and Twigg
Answer
No one that I have any recollection of
Question
How long before or after Mr Twiggs was baptized and joined Church
that he requested you to sign said paper?
Answer
I cannot tell -
Question
Do you recollect of his being baptized?
Answer
I never saw him baptized, but understood he was
Question
Did you read the Will, or did Mr Twiggs read it to you?
Answer
I read the Will -
Question
How many times did you read the will?
Answer
Once, perhaps twice -
Question
Can you recollect distinctly whether you read it more than once?
Answer
I cant distinctly -
Question
Have you ever seen the will from that day to this?
Answer
I never have
Question
When did you first state the contents to any one, and to whom?
Answer
I never give the contents of the will until after he sold his
farm, and moved away that I have any recollection of, and then
to my wife
Question
How long since Twiggs sold his farm and moved away?
Answer
Day and dates I have not, but I think 6 or 7 years
Question
Was it 5, 10, 12, or 14 years ago that you witnessed that will?
Answer
I have previously answered that it was within the last 14 years, and
that is all the answer you will get, as I have no dates upon which
to answer -
Question
About how long was it that you witnesses the will before Twigg
sold his farm and moved away?
Answer
I could not say for the reason above given as I have no dates from
which to answer -
Question
Did you see Mr Twiggs sign his name to the paper which you say
he declared to be his Will?
Answer
I did not -
Question
Did you hear him declare any signature to said paper to be his
signature?
Answer
I did not
Question
You say that you were to some extent acquainted with the signature
of Jacob Myers, did you ever see him write, if so, when and where?
[Corresponds to labeled page 335 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 335
Cross Examination by Mr. Woods Atty for Coulter
Question
At what season of the year was it that you witnessed the paper
presented to you by Mr. Twigg?
Answer
I cannot say but it was moderately warm and pleasant weather
at all events -
Question
What were you doing when Twigg came to your farm to get you to
witness the paper?
Answer
I cant say, I might been out feeding my horse, cleaning up grain
or doing something else-
Question
Who, if any one, was present at the barn besides you and Twigg
Answer
No one that I have any recollection of
Question
How long before or after Mr Twiggs was baptized and joined Church
that he requested you to sign said paper?
Answer
I cannot tell -
Question
Do you recollect of his being baptized?
Answer
I never saw him baptized, but understood he was
Question
Did you read the Will, or did Mr Twiggs read it to you?
Answer
I read the Will -
Question
How many times did you read the will?
Answer
Once, perhaps twice -
Question
Can you recollect distinctly whether you read it more than once?
Answer
I cant distinctly -
Question
Have you ever seen the will from that day to this?
Answer
I never have
Question
When did you first state the contents to any one, and to whom?
Answer
I never give the contents of the will until after he sold his
farm, and moved away that I have any recollection of, and then
to my wife
Question
How long since Twiggs sold his farm and moved away?
Answer
Day and dates I have not, but I think 6 or 7 years
Question
Was it 5, 10, 12, or 14 years ago that you witnessed that will?
Answer
I have previously answered that it was within the last 14 years, and
that is all the answer you will get, as I have no dates upon which
to answer -
Question
About how long was it that you witnesses the will before Twigg
sold his farm and moved away?
Answer
I could not say for the reason above given as I have no dates from
which to answer -
Question
Did you see Mr Twiggs sign his name to the paper which you say
he declared to be his Will?
Answer
I did not -
Question
Did you hear him declare any signature to said paper to be his
signature?
Answer
I did not
Question
You say that you were to some extent acquainted with the signature
of Jacob Myers, did you ever see him write, if so, when and where?
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 388)
Description
[Page 388]
[Corresponds to labeled page 336 of Will Book 3]
336 Matter of Last Will &c of Francis Twiggs dec'd
Answer
I saw him write an acknowledgement to a deed made to me by
Henry Owings and wife. I also saw him sign his name as
witness to said deed and on many other occasions -
Question
On the occasion that you witnessed Twiggs will, did you
talk on any other subject than the will?
Answer
We might and we might not as Mr Twigg frequently stayed
and talked for hours on different subjects -
Question
State if you can, a single word that was said on that occasion
between you, on any other subject than the will -
Answer
I dont just recollect any precise words, I suppose of course the
common salutations and business topics of the day were passed
Question
What business topics of the day did you talk about?
Answer
I cant recollect
Question
State with what words that will commenced
Answer
I cannot tell
Question
State with what words the will closed
Answer
I do not know
Question
Was there any seal to the will?
Answer
There was what is generally used a scrawl in the right hand
of the page, I cant say whether it was near Twiggs name, or
the subscribing witnesses
Question
On what part of the paper were the witnesses names?
Answer
If I recollect distinctly, they were on the right hand side of
the page or where the names were usually written -
Question
How many pages did the will occupy?
Answer
I cant say whether it was one or two
Question
Did the writing run on to the 3rd page?
Answer
I think not
Question
Did it occupy any part of the 2nd page, if so, how much?
Answer
I cant say -
Question
You say in your Examination in chief that Twiggs stated to
you, as a reason why he devised his Real Estate to his Grand
daughter That Coulter had not managed his own business very well
Did not Coulter manage his business better than Twigg did his?
Answer
I dont know -
Question
You say in your Examination in Chief that you believe the will closed
in the ordinary form, what is that form?
Answer
I do not recollect
Question
State in what words Swan's form for a will commences as near as you
can -
Answer
I aint certain whether its Swans forms or Brazee's Commences, In the
Name of God - Amen -
Question
Were you the draughtsman of the will of Alexander Wells, late of Delaware
County deceased, if yea, State if you can the contents of his will
Objected to by Mr Reid for irrelevancy etc -
[Corresponds to labeled page 336 of Will Book 3]
336 Matter of Last Will &c of Francis Twiggs dec'd
Answer
I saw him write an acknowledgement to a deed made to me by
Henry Owings and wife. I also saw him sign his name as
witness to said deed and on many other occasions -
Question
On the occasion that you witnessed Twiggs will, did you
talk on any other subject than the will?
Answer
We might and we might not as Mr Twigg frequently stayed
and talked for hours on different subjects -
Question
State if you can, a single word that was said on that occasion
between you, on any other subject than the will -
Answer
I dont just recollect any precise words, I suppose of course the
common salutations and business topics of the day were passed
Question
What business topics of the day did you talk about?
Answer
I cant recollect
Question
State with what words that will commenced
Answer
I cannot tell
Question
State with what words the will closed
Answer
I do not know
Question
Was there any seal to the will?
Answer
There was what is generally used a scrawl in the right hand
of the page, I cant say whether it was near Twiggs name, or
the subscribing witnesses
Question
On what part of the paper were the witnesses names?
Answer
If I recollect distinctly, they were on the right hand side of
the page or where the names were usually written -
Question
How many pages did the will occupy?
Answer
I cant say whether it was one or two
Question
Did the writing run on to the 3rd page?
Answer
I think not
Question
Did it occupy any part of the 2nd page, if so, how much?
Answer
I cant say -
Question
You say in your Examination in chief that Twiggs stated to
you, as a reason why he devised his Real Estate to his Grand
daughter That Coulter had not managed his own business very well
Did not Coulter manage his business better than Twigg did his?
Answer
I dont know -
Question
You say in your Examination in Chief that you believe the will closed
in the ordinary form, what is that form?
Answer
I do not recollect
Question
State in what words Swan's form for a will commences as near as you
can -
Answer
I aint certain whether its Swans forms or Brazee's Commences, In the
Name of God - Amen -
Question
Were you the draughtsman of the will of Alexander Wells, late of Delaware
County deceased, if yea, State if you can the contents of his will
Objected to by Mr Reid for irrelevancy etc -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 389)
Description
[Page 389]
[Corresponds to labeled page 337 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 337
Answer
I drew it, as before stated from a will Brazee drew for my father. I
took the commencement and the conclusion of that and then filled
it up according to Mr. Wells direction - I could not now recollect the
commencement and concluding part of a will, because I always drew
from a form and never placed it in my memory - The devise of
Mr Wells will was thus - First his funeral expenses and legal or
lawful debts should be paid - Then I will and bequeath to my
wife Rhoda all my estate real and personal during her natural
lifetime, And then she is to do with as she pleases - she was to be
sole Administrator during her natural lifetime -
Question
Are those the entire contents of the will?
Answer
To the best of my recollection they are
Question
Was Mr Twigg duly sober when he requested you to sign said will?
Answer
I believed him to be so -
Question
Did you see Twiggs name to the will
Answer
I did
Question
Did you know the signature to be his handwriting?
Answer
I have before stated I did not know whether it was his hand, or
some one else's -
Re Examined
Question
Could Mr Twiggs write?
Answer
I believe he could write his own name, but rather poorly done, if done
atall -
Question
Was Mr Twiggs name well or poorly written on the will?
Answer
Ans I cant recollect
Question
You stated upon cross-examination, that the witnesses names to the
will; were on the right hand side of the page: Were not the
attestations of the witnesses written under Twiggs name to the
will?
Answer
I cant recollect
Question
Was there any writing between Twiggs name and the name of
the witnesses to the will?
Answer
If my memory serves me, the attestation of the witnesses was
between the ending of the will and the subscribing of the witnesses
Question
Where was Twiggs name written in the will?
Answer
At the usual place of signing -
Cross Examintion resumed -
Question
Were either of the other witnesses to the will present when you
subscribed it?
Answer
They were not -
Question
Do you know whether either of the other witnesses to this will signed
it in the presence of Twiggs?
Answer
I do not -
[Corresponds to labeled page 337 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 337
Answer
I drew it, as before stated from a will Brazee drew for my father. I
took the commencement and the conclusion of that and then filled
it up according to Mr. Wells direction - I could not now recollect the
commencement and concluding part of a will, because I always drew
from a form and never placed it in my memory - The devise of
Mr Wells will was thus - First his funeral expenses and legal or
lawful debts should be paid - Then I will and bequeath to my
wife Rhoda all my estate real and personal during her natural
lifetime, And then she is to do with as she pleases - she was to be
sole Administrator during her natural lifetime -
Question
Are those the entire contents of the will?
Answer
To the best of my recollection they are
Question
Was Mr Twigg duly sober when he requested you to sign said will?
Answer
I believed him to be so -
Question
Did you see Twiggs name to the will
Answer
I did
Question
Did you know the signature to be his handwriting?
Answer
I have before stated I did not know whether it was his hand, or
some one else's -
Re Examined
Question
Could Mr Twiggs write?
Answer
I believe he could write his own name, but rather poorly done, if done
atall -
Question
Was Mr Twiggs name well or poorly written on the will?
Answer
Ans I cant recollect
Question
You stated upon cross-examination, that the witnesses names to the
will; were on the right hand side of the page: Were not the
attestations of the witnesses written under Twiggs name to the
will?
Answer
I cant recollect
Question
Was there any writing between Twiggs name and the name of
the witnesses to the will?
Answer
If my memory serves me, the attestation of the witnesses was
between the ending of the will and the subscribing of the witnesses
Question
Where was Twiggs name written in the will?
Answer
At the usual place of signing -
Cross Examintion resumed -
Question
Were either of the other witnesses to the will present when you
subscribed it?
Answer
They were not -
Question
Do you know whether either of the other witnesses to this will signed
it in the presence of Twiggs?
Answer
I do not -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 390)
Description
[Page 390]
[Corresponds to labeled page 338 of Will Book 3]
338 Matter of Last Will &c of Francis Twiggs dec'd
Question
Do you know whether he requested them or either of them to sign
the same as witnesses?
Answer
I do not
Re Examined
Question
Was not the usual wording used by Swan in his forms of wills,
and also Brazees referred to by you, written over the signature
of the witnesses to Twiggs will, when it was presented to you
for your signature as a witness?
Answer
I cannot say but believe they were -
The above question and Answer objected to as leading
Question
Was there any other words written over the signatures of the witnesses
to Twiggs will, when the same was presented to you for your
signatuares?
Answer
The attestation of the witnesses, was of course, above their signatures
If my recollection serves me, after the will was closed and
signed by Twiggs, the attestation of the witnesses was written under
the will, then signed by the witnesses in the usual place of
signing
Question
What do you mean by the words attestation signed by the witnesses
Answer
There is usually a form of words made use of to show that
said witnesses had been called upon to sign said will as
witnesses for the testator - I don't know of any thing more, except that
it says, signed by the witnesses in the presence of the testator -
Question
To the best of your recollection, was the attestation to Twiggs will
when presented to you and signed by the former witnesses in that
form?
Question objected to as leading by Coulters Atty
Answer
I believe it was -
Question
What words did the attestation to Twiggs will contain, so far as
you can now recollect?
Answer
I believe it was in the regular form
Question
Do you mean by the form embraced in your 3rd answer before this?
Question objected to as leading -
Answer
Yes
Cross Examination resumed -
Question
by Coulters Atty - You say in your examination in chief that you
cannot state what words were written over the signature of the wit-
nessees to the will, How are you able to state in your re-examination
what those words were?
Answer
I have not yet designated the words, but merely stated them to be the
usual words made use of, in such forms to the best of my recollection -
[Corresponds to labeled page 338 of Will Book 3]
338 Matter of Last Will &c of Francis Twiggs dec'd
Question
Do you know whether he requested them or either of them to sign
the same as witnesses?
Answer
I do not
Re Examined
Question
Was not the usual wording used by Swan in his forms of wills,
and also Brazees referred to by you, written over the signature
of the witnesses to Twiggs will, when it was presented to you
for your signature as a witness?
Answer
I cannot say but believe they were -
The above question and Answer objected to as leading
Question
Was there any other words written over the signatures of the witnesses
to Twiggs will, when the same was presented to you for your
signatuares?
Answer
The attestation of the witnesses, was of course, above their signatures
If my recollection serves me, after the will was closed and
signed by Twiggs, the attestation of the witnesses was written under
the will, then signed by the witnesses in the usual place of
signing
Question
What do you mean by the words attestation signed by the witnesses
Answer
There is usually a form of words made use of to show that
said witnesses had been called upon to sign said will as
witnesses for the testator - I don't know of any thing more, except that
it says, signed by the witnesses in the presence of the testator -
Question
To the best of your recollection, was the attestation to Twiggs will
when presented to you and signed by the former witnesses in that
form?
Question objected to as leading by Coulters Atty
Answer
I believe it was -
Question
What words did the attestation to Twiggs will contain, so far as
you can now recollect?
Answer
I believe it was in the regular form
Question
Do you mean by the form embraced in your 3rd answer before this?
Question objected to as leading -
Answer
Yes
Cross Examination resumed -
Question
by Coulters Atty - You say in your examination in chief that you
cannot state what words were written over the signature of the wit-
nessees to the will, How are you able to state in your re-examination
what those words were?
Answer
I have not yet designated the words, but merely stated them to be the
usual words made use of, in such forms to the best of my recollection -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 391)
Description
[Page 391]
[Corresponds to labeled page 339 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 339
Question
by same - Give the form made use of in such cases -
Answer
I do not recollect the form -
Question
by same - Then how do you know that the attestation of Twiggs will
was in the usual form?
Answer
When I read that will I viewed it to be in the usual form,
having the form then before me -
Question
by same - Did you have the form at the barn when Twiggs called
on you?
Answer
The form in the above answer is the form that was made use of in
Tiwggs will, which I viewed to be the correct form laid down in
the book of forms -
Question
by same - Did you ever compose the form of attestation in Twiggs
will with any form book?
Answer
I did not only in my mind -
Question
by Mr. Reid -
Were you about Mr. Twiggs house, and are you able to tell who
had charge of Twiggs papers?
Answer
I was frequently at the house and in the house, who had the general
charge of the papers I cant tell, I once asked him the privilege
of looking at his deed, He asked his wife to get the deed and
she got it. I believe when he got writing he got her to
read it, but of this I am not confident. I believe his wife
had charge of his papers for the reason above stated. He kept
his papers in a Bureau drawer He frequently came to me to
read his letters
Deponent further saith not }
W. D. Heim Com' } Signed Asa Brown -
Also John Cain, a witness for the Defendant of lawful age, as
resident of Licking County being first duly sworn, deposes and
says -
Question
by Atty for Coulter -
Did you purchase of Francis Twiggs the tract of land in the
neighborhood of Kirkersville in Licking County Ohio, and if yes
where did Twiggs remove immediately after your purchase?
Answer
I purchased a tract of land of him, which was some time in October
and I believe in the April following he moved to Delaware County -
Question
by same - In what year was that?
Answer
I think it was in the spring of 1850
Question
by same - Who were present when you paid the cash payment
and executed your notes for the deferred payments of the purchase
price of the land, to whom did you pay the money and deliver
the notes, and what if any thing was said by Twiggs on that
occasion?
[Corresponds to labeled page 339 of Will Book 3]
Matter of Last Will &c of Francis Twiggs dec'd 339
Question
by same - Give the form made use of in such cases -
Answer
I do not recollect the form -
Question
by same - Then how do you know that the attestation of Twiggs will
was in the usual form?
Answer
When I read that will I viewed it to be in the usual form,
having the form then before me -
Question
by same - Did you have the form at the barn when Twiggs called
on you?
Answer
The form in the above answer is the form that was made use of in
Tiwggs will, which I viewed to be the correct form laid down in
the book of forms -
Question
by same - Did you ever compose the form of attestation in Twiggs
will with any form book?
Answer
I did not only in my mind -
Question
by Mr. Reid -
Were you about Mr. Twiggs house, and are you able to tell who
had charge of Twiggs papers?
Answer
I was frequently at the house and in the house, who had the general
charge of the papers I cant tell, I once asked him the privilege
of looking at his deed, He asked his wife to get the deed and
she got it. I believe when he got writing he got her to
read it, but of this I am not confident. I believe his wife
had charge of his papers for the reason above stated. He kept
his papers in a Bureau drawer He frequently came to me to
read his letters
Deponent further saith not }
W. D. Heim Com' } Signed Asa Brown -
Also John Cain, a witness for the Defendant of lawful age, as
resident of Licking County being first duly sworn, deposes and
says -
Question
by Atty for Coulter -
Did you purchase of Francis Twiggs the tract of land in the
neighborhood of Kirkersville in Licking County Ohio, and if yes
where did Twiggs remove immediately after your purchase?
Answer
I purchased a tract of land of him, which was some time in October
and I believe in the April following he moved to Delaware County -
Question
by same - In what year was that?
Answer
I think it was in the spring of 1850
Question
by same - Who were present when you paid the cash payment
and executed your notes for the deferred payments of the purchase
price of the land, to whom did you pay the money and deliver
the notes, and what if any thing was said by Twiggs on that
occasion?
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 392)
Description
[Page 392]
[Corresponds to labeled page 340 of Will Book 3]
340 Matter of Last Will &c of Francis Twiggs dec'd
Answer
My brother was present, also Esqr Cunningham and Matthew
Conklin of Delaware Co, and Mr Twiggs and Saml Coulter.
The Notes were drawn payable to Mr Twiggs, and Mr Coulter after-
wards presented the Notes to me, and I paid him the money on
them. At the time I first bought the land I paid the cash
payment to Mr Coulter, Mr Twiggs was present at the time. I counted
the money out on the table, and told Mr Twiggs to look and see that
the money was right. He made reply to me for Mr Coulter to take
that money and lay it out to where it would be the most advantage
to himself and wife Parthena. This was all he said, he gave
no reason why.
Question
by same - Did he at that time say to whom the property would go
or belong to or anything of the kind?
Answer
No Sir, not as I recollect.
Question
by same - Are you positive that you have stated all that was
said by Mr Twiggs on the subject?
Answer
Yes Sir, I thought I had stated all he said about that.
Question
by the same - Did Mr Twiggs state whose the property would be
after he was done with, and if yes whose?
Answer
I dont recollect of hearing him say as to who the property would
fall to after his death, heard him say nothing but what is
before stated.
Question
by Mr Reid -
When were the Twiggs Notes presented by Coulter and paid?
Answer
When they were due, one wh was due 1 year after date, the other
2 years after date, each Note called for $250.
Question
Were either one of the Notes endoresed by Twiggs -
Answer
I aint positive whether they were or not.
Question
Have you now the notes in your possession?
Answer
He dont know whether he has or not
Question
Dont you know whether he has or not
Answer
He dont know whether he has or not
Question
Dont you know the Notes were not endorsed by Twiggs over to Coulter?
Answer
I am not positive whether they were endorsed or not.
Question
Was there any assignment of any kind on the back of the Notes?
Answer
I dont recollect if there was, or was not.
Question
What is your opinion about there being an assignment on the back of the
Notes?
Answer
I aint certain whether their was, or was not
Question
Do you believe there was any assignment on the back of any of those Notes?
Objected to by Coulters Atty.
Answer
To the best of my belief there was not. I don't know but I can procure
one of the Notes.
Re Examined
Question
by Coutlers Atty - To whom were your Notes delivered in the first instance?
Answer
I think to Mr Coulter, but I wont be certain.
Question
When were the Notes delivered?
[Corresponds to labeled page 340 of Will Book 3]
340 Matter of Last Will &c of Francis Twiggs dec'd
Answer
My brother was present, also Esqr Cunningham and Matthew
Conklin of Delaware Co, and Mr Twiggs and Saml Coulter.
The Notes were drawn payable to Mr Twiggs, and Mr Coulter after-
wards presented the Notes to me, and I paid him the money on
them. At the time I first bought the land I paid the cash
payment to Mr Coulter, Mr Twiggs was present at the time. I counted
the money out on the table, and told Mr Twiggs to look and see that
the money was right. He made reply to me for Mr Coulter to take
that money and lay it out to where it would be the most advantage
to himself and wife Parthena. This was all he said, he gave
no reason why.
Question
by same - Did he at that time say to whom the property would go
or belong to or anything of the kind?
Answer
No Sir, not as I recollect.
Question
by same - Are you positive that you have stated all that was
said by Mr Twiggs on the subject?
Answer
Yes Sir, I thought I had stated all he said about that.
Question
by the same - Did Mr Twiggs state whose the property would be
after he was done with, and if yes whose?
Answer
I dont recollect of hearing him say as to who the property would
fall to after his death, heard him say nothing but what is
before stated.
Question
by Mr Reid -
When were the Twiggs Notes presented by Coulter and paid?
Answer
When they were due, one wh was due 1 year after date, the other
2 years after date, each Note called for $250.
Question
Were either one of the Notes endoresed by Twiggs -
Answer
I aint positive whether they were or not.
Question
Have you now the notes in your possession?
Answer
He dont know whether he has or not
Question
Dont you know whether he has or not
Answer
He dont know whether he has or not
Question
Dont you know the Notes were not endorsed by Twiggs over to Coulter?
Answer
I am not positive whether they were endorsed or not.
Question
Was there any assignment of any kind on the back of the Notes?
Answer
I dont recollect if there was, or was not.
Question
What is your opinion about there being an assignment on the back of the
Notes?
Answer
I aint certain whether their was, or was not
Question
Do you believe there was any assignment on the back of any of those Notes?
Objected to by Coulters Atty.
Answer
To the best of my belief there was not. I don't know but I can procure
one of the Notes.
Re Examined
Question
by Coutlers Atty - To whom were your Notes delivered in the first instance?
Answer
I think to Mr Coulter, but I wont be certain.
Question
When were the Notes delivered?
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 393)
Description
[Page 393]
[Corresponds to labeled page 341 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 341
Answer
At the time the cash payment was made -
Question
by Mr Reid. Dont you know that Mrs Twiggs took charge of the Notes?
Answer
No Sir, I do not, whether she did or did not.
Question
Who wrote the Notes?]
Answer
Esq. Cunningham
Deponent further saith not }
W.D. Heim Commr } John Cain -
Lewis Myers of lawful age resident of Licking County being duly
sworn deposes and says -
He is the son of Amy Myers, the witness and of Jacob Myers decd says
his Father was a Justice of the Peace some 15 years and was accustom-
ed to draw wills and other papers. He used the form book, referred to
in the deposition of Amy Myers, but did not know he used it in
writing wills.
Question
Did you ever hear Francis Twiggs decd say to whom he was
intended to give his property at his death, if so, to whom, when and
where?
Objected to by Coulter Atty as inadmissable.
Answer
That he intended to give it to Julia Ann Coulter. I could not say
how often he said so, but heard him say so frequently, but cant tell
when - at different times during the course of several years, but he
does not recollect up to what time, but should say within a year
of the time he moved to Delaware County. He thought a great deal
of Julia, in fact she was there a great deal of the time.
Cross Examined by Coulter Atty
Question
When Twiggs said so, was he sober or not?
Answer
I have heard him say it when he was drunk and sober.
Re Examined by Mr Reid
Question
Did you ever hear him say anything about having made a will?
Answer
He did not, but I heard my father say he wrote a will for him.
Lewis Myers
W.D. Heim Comr }
Examination closed }
Fees
Amy Myers - Witness } $ .75
Asa Brown Do } Pd by Fancher .90
Lewis Myers Do } .75
Lewis Cain Do } Pd by Coulter .75
Commrs Fees $12 }
Writing Deposition 8.20 }
Expenses 5.90 }
Pd by Reid for Fancher $5 $26.30 }
" " " Coulter 3. 8.
$18.30
[Corresponds to labeled page 341 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 341
Answer
At the time the cash payment was made -
Question
by Mr Reid. Dont you know that Mrs Twiggs took charge of the Notes?
Answer
No Sir, I do not, whether she did or did not.
Question
Who wrote the Notes?]
Answer
Esq. Cunningham
Deponent further saith not }
W.D. Heim Commr } John Cain -
Lewis Myers of lawful age resident of Licking County being duly
sworn deposes and says -
He is the son of Amy Myers, the witness and of Jacob Myers decd says
his Father was a Justice of the Peace some 15 years and was accustom-
ed to draw wills and other papers. He used the form book, referred to
in the deposition of Amy Myers, but did not know he used it in
writing wills.
Question
Did you ever hear Francis Twiggs decd say to whom he was
intended to give his property at his death, if so, to whom, when and
where?
Objected to by Coulter Atty as inadmissable.
Answer
That he intended to give it to Julia Ann Coulter. I could not say
how often he said so, but heard him say so frequently, but cant tell
when - at different times during the course of several years, but he
does not recollect up to what time, but should say within a year
of the time he moved to Delaware County. He thought a great deal
of Julia, in fact she was there a great deal of the time.
Cross Examined by Coulter Atty
Question
When Twiggs said so, was he sober or not?
Answer
I have heard him say it when he was drunk and sober.
Re Examined by Mr Reid
Question
Did you ever hear him say anything about having made a will?
Answer
He did not, but I heard my father say he wrote a will for him.
Lewis Myers
W.D. Heim Comr }
Examination closed }
Fees
Amy Myers - Witness } $ .75
Asa Brown Do } Pd by Fancher .90
Lewis Myers Do } .75
Lewis Cain Do } Pd by Coulter .75
Commrs Fees $12 }
Writing Deposition 8.20 }
Expenses 5.90 }
Pd by Reid for Fancher $5 $26.30 }
" " " Coulter 3. 8.
$18.30
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 394)
Description
[Page 394]
[Corresponds to labeled page 342 of Will Book 3]
342 Matter of Last Will etc of Francis Twiggs dec'd
And afterwards to wit on the 16th 17th and 24th days of February
A.D. 1859 the said matter being continued from time to time the
following testimony was taken in Court, reduced to writing -
Matter of last Will & Testament of Francis Twiggs ded
Application to establish and admit to probate in Probate
Court of Delaware County Ohio.
Testimony of Witnesses Examined before the Judge of said Court
at his Office in the Town of Delaware on the 16th day of February
A.D. 1856 and reduced to writing by said Judges, to be used in the
above matter -
Mrs Julia Ann Twiggs being of lawful age of the County of
Delaware and first duly sworn says -
Question
by W.P. Reid Esq - State to the Court your name, age, and place
of residence -
Answer
Age the coming spring seventy seven (77) years. Residence in
Genoa Tp. Cant tell the County. I forget what County, about 12
or 14 miles from here. Name Julia Ann Twiggs, am the
widow of Francis Twiggs decd
Question
by same - Were you acquainted with Asa Brown, John Myers
and Jacob Myers of Licking Co. Ohio?
Answer
by Witness - I was, the two brothers Jacob and John Myers are
dead. Mr Brown was living the last I heard from him.
Question
by same - How near to you did these persons live while you resided
in Licking Co?
Answer
Brown adjoined farms with us, the two Myers lived a mile or mile
and a quarter from us. It will be Eight years the latter part of
the coming March that we moved to this Co. from Licking Co.
Question
by same - Do you know anything about your husband Francis
Twiggs having made a will, if so, when and where, who was
present, who were the witnesses to it, if any and who wrote it?
Answer
I know he did make a will, at our own house when we lived
in Licking County, about 3 or 7 years before we moved from Licking
Co. to this. I don't know of any person being in the room at the time
but Esq. Jacob Myers, his wife and myself. After it was written the
old man my husband signed it. Esq Jacob Myers then signed it
and then his brother John Myers signed it. no other person signed
it in my presence. It was written by Jacob Myers. It was written
there the same day in my presence. I think John Myers was present
when the will was written. They were all there when the old man
my husband signed it, and I think John Myers was present then
but cant be very certain. My old man requested Jacob Myers and
John Myers to sign it. I dont know that he said why he wanted
them to sign. After writing the will Jacob Myers read the will
aloud to all of us. My husband said nothing against it. seemed
[Corresponds to labeled page 342 of Will Book 3]
342 Matter of Last Will etc of Francis Twiggs dec'd
And afterwards to wit on the 16th 17th and 24th days of February
A.D. 1859 the said matter being continued from time to time the
following testimony was taken in Court, reduced to writing -
Matter of last Will & Testament of Francis Twiggs ded
Application to establish and admit to probate in Probate
Court of Delaware County Ohio.
Testimony of Witnesses Examined before the Judge of said Court
at his Office in the Town of Delaware on the 16th day of February
A.D. 1856 and reduced to writing by said Judges, to be used in the
above matter -
Mrs Julia Ann Twiggs being of lawful age of the County of
Delaware and first duly sworn says -
Question
by W.P. Reid Esq - State to the Court your name, age, and place
of residence -
Answer
Age the coming spring seventy seven (77) years. Residence in
Genoa Tp. Cant tell the County. I forget what County, about 12
or 14 miles from here. Name Julia Ann Twiggs, am the
widow of Francis Twiggs decd
Question
by same - Were you acquainted with Asa Brown, John Myers
and Jacob Myers of Licking Co. Ohio?
Answer
by Witness - I was, the two brothers Jacob and John Myers are
dead. Mr Brown was living the last I heard from him.
Question
by same - How near to you did these persons live while you resided
in Licking Co?
Answer
Brown adjoined farms with us, the two Myers lived a mile or mile
and a quarter from us. It will be Eight years the latter part of
the coming March that we moved to this Co. from Licking Co.
Question
by same - Do you know anything about your husband Francis
Twiggs having made a will, if so, when and where, who was
present, who were the witnesses to it, if any and who wrote it?
Answer
I know he did make a will, at our own house when we lived
in Licking County, about 3 or 7 years before we moved from Licking
Co. to this. I don't know of any person being in the room at the time
but Esq. Jacob Myers, his wife and myself. After it was written the
old man my husband signed it. Esq Jacob Myers then signed it
and then his brother John Myers signed it. no other person signed
it in my presence. It was written by Jacob Myers. It was written
there the same day in my presence. I think John Myers was present
when the will was written. They were all there when the old man
my husband signed it, and I think John Myers was present then
but cant be very certain. My old man requested Jacob Myers and
John Myers to sign it. I dont know that he said why he wanted
them to sign. After writing the will Jacob Myers read the will
aloud to all of us. My husband said nothing against it. seemed
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 395)
Description
[Page 395]
[Corresponds to labeled page 344 of Will Book 3]
344 Matter of Last Will etc of Francis Twiggs dec'd
remained unaltered and in the same condition when I
last saw it that it was when my husband placed it in my
possession spoken of before - I know what the will contained -
He left all he owned to me my lifetime, My daughter
after my death was to have all the loose property if she
should live - Parthena Coutler was my said daughters name.
And Julia Ann Granddaughter of testator was to have the
landed property, and if her Mother died before one Julia
Ann was to have the whole of the property that was left -
No person else was to have any of his property, and there
were no other bequests in the Will There was no Executor
appointed in the will, not to my knowledge there was not.
X Examined by C. Sweetser Esq -
I have never claimed my dower in the land left by my hus-
band, He, Coulter, pretended to set it off, but I never claimed it.
I was not a witness in the will case of my daughter.
I first told Mr Reid or Mr Fancher about this will about 8
or 9 months since - I had talked with Julia Ann about some
time before - more than a year perhaps - I dont think I ever
talked to any body else about this Will - my memory is good
for an old lady,as good I think as for years past. My reason
for not bringing forward the Will for Probate - was Coulter
always said Fancher was so shiftless a scamp and that there
was no need for having Administration - that I thought it was no
use and so I did not bring it in. At the time the Will was
made my husband owned 50 acres of land in Licking Co, O.
which about 3 years after the will was made was sold to John
Kane for $900, by my husband - he paid about half down and
gave his notes for the balance - I never knew that my husband
transferred these Notes to Coulter. My husband brought all his
personal property with him to Delaware County - Saml Coulter bought
the land in Delaware County, we gave him the money - about four
hundred dollars my husband sent by him including the Horse -
We moved up here about 3 months after the purchase here. After
we came here my husband owned the land and claimed to runt
the land here. My husbands personal property was not much changed
from time of making his will till death. I know he never changed
his will. He sometimes drank liquor and sometimes was a good
sober man, when he made his will he was as sober as any man
living. I never heard him say he made a will when he was
drunk and destroyed it when he was sober - I never read the
whole of that will. I have read the writing on the back of it -
and some words on the inside - I do not swear that I read the
will on the day it was made - I dont swear that I opened and
looked at the will after my husband brought it back from
[Corresponds to labeled page 344 of Will Book 3]
344 Matter of Last Will etc of Francis Twiggs dec'd
remained unaltered and in the same condition when I
last saw it that it was when my husband placed it in my
possession spoken of before - I know what the will contained -
He left all he owned to me my lifetime, My daughter
after my death was to have all the loose property if she
should live - Parthena Coutler was my said daughters name.
And Julia Ann Granddaughter of testator was to have the
landed property, and if her Mother died before one Julia
Ann was to have the whole of the property that was left -
No person else was to have any of his property, and there
were no other bequests in the Will There was no Executor
appointed in the will, not to my knowledge there was not.
X Examined by C. Sweetser Esq -
I have never claimed my dower in the land left by my hus-
band, He, Coulter, pretended to set it off, but I never claimed it.
I was not a witness in the will case of my daughter.
I first told Mr Reid or Mr Fancher about this will about 8
or 9 months since - I had talked with Julia Ann about some
time before - more than a year perhaps - I dont think I ever
talked to any body else about this Will - my memory is good
for an old lady,as good I think as for years past. My reason
for not bringing forward the Will for Probate - was Coulter
always said Fancher was so shiftless a scamp and that there
was no need for having Administration - that I thought it was no
use and so I did not bring it in. At the time the Will was
made my husband owned 50 acres of land in Licking Co, O.
which about 3 years after the will was made was sold to John
Kane for $900, by my husband - he paid about half down and
gave his notes for the balance - I never knew that my husband
transferred these Notes to Coulter. My husband brought all his
personal property with him to Delaware County - Saml Coulter bought
the land in Delaware County, we gave him the money - about four
hundred dollars my husband sent by him including the Horse -
We moved up here about 3 months after the purchase here. After
we came here my husband owned the land and claimed to runt
the land here. My husbands personal property was not much changed
from time of making his will till death. I know he never changed
his will. He sometimes drank liquor and sometimes was a good
sober man, when he made his will he was as sober as any man
living. I never heard him say he made a will when he was
drunk and destroyed it when he was sober - I never read the
whole of that will. I have read the writing on the back of it -
and some words on the inside - I do not swear that I read the
will on the day it was made - I dont swear that I opened and
looked at the will after my husband brought it back from
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 396)
Description
[Page 396]
[Corresponds to labeled page 345 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 345
Because - I dont know that I looked on the inside of the Will
the day Myers was there. I was about the room attending to
house affairs, I heard my husband tell Mr Myers, that I was to
have all the property for my life and my daughter the loose prop-
erty at my death etc - I do swear that I saw the two Myers sign
said Will, and understood they signed as witnesses. At the time
I missed the Will from among my papers about 18 months after
husbands death, I missed on other paper except a Note of $55,
against Samuel Coulter -
Question
by C. Sweetser Esq. Did you ever have any conversation with
Walter Blansfield about this will matter?
Answer
I dont recollect that I ever have - I dont recollect of talking to
him about the Will last fall and I never did tell him that
I did not know anything about my husbands making a will -
I never said so to any body, and I don't know that I said to
Walter Blansfield that I had good witnesses.
I am here to try and get my rights, and I dont want anything
more. I want the property for my own use, and so that I can give
to who I please. I have never signed it away to any body that
I know of, and am certain I have not unless it is to Julia Ann
Fancher - and there is an understanding between myself and
her about it and this includes loose property as well as the
land - all the farming untensils on the farm at the death of my
husband I claim belonged to him. Coulter had the use of
all the personal property and has kept it till this time.
If my daughter had lived there would have been no diffi-
culty about this will - but I dont like Coulters 2nd wife and
in short I dont think its right that the bread of my children
should be given to dogs, and after I have worked hard for it.
One reason there was no complaint by me about the will when
Fancher had a guardian appointed first was that Coulter was
then always promising to do right. Mr Coulter and I have never
had any difficults, he has wronged me by taking all my property
and keeping it. There was 7 head of Cattle and 16 head of
sheep, a mare that died about 3 years after and was sued by
Coulter while it lived, left by my husband. The note of Coulter
for $55, was given for a wagon, and it was never paid to my husband
or given up by him for I saw it several times after my husbands
death. I never had Elizabeth Pace look over these papers for
me nor did I ever know of her looking over them. If she ever
looked over my papers she did it on her own look, Elizabeth is
a good girl. I never read writing very well, good plain writing
I could read. I cant see to read writing now. I never had
the notes of Cain in my hand, and dont know that Twiggs
gave them to Coulter in his life time. I kept my husbands
papers for him. Coulter got the money on those notes of Cains after
[Corresponds to labeled page 345 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 345
Because - I dont know that I looked on the inside of the Will
the day Myers was there. I was about the room attending to
house affairs, I heard my husband tell Mr Myers, that I was to
have all the property for my life and my daughter the loose prop-
erty at my death etc - I do swear that I saw the two Myers sign
said Will, and understood they signed as witnesses. At the time
I missed the Will from among my papers about 18 months after
husbands death, I missed on other paper except a Note of $55,
against Samuel Coulter -
Question
by C. Sweetser Esq. Did you ever have any conversation with
Walter Blansfield about this will matter?
Answer
I dont recollect that I ever have - I dont recollect of talking to
him about the Will last fall and I never did tell him that
I did not know anything about my husbands making a will -
I never said so to any body, and I don't know that I said to
Walter Blansfield that I had good witnesses.
I am here to try and get my rights, and I dont want anything
more. I want the property for my own use, and so that I can give
to who I please. I have never signed it away to any body that
I know of, and am certain I have not unless it is to Julia Ann
Fancher - and there is an understanding between myself and
her about it and this includes loose property as well as the
land - all the farming untensils on the farm at the death of my
husband I claim belonged to him. Coulter had the use of
all the personal property and has kept it till this time.
If my daughter had lived there would have been no diffi-
culty about this will - but I dont like Coulters 2nd wife and
in short I dont think its right that the bread of my children
should be given to dogs, and after I have worked hard for it.
One reason there was no complaint by me about the will when
Fancher had a guardian appointed first was that Coulter was
then always promising to do right. Mr Coulter and I have never
had any difficults, he has wronged me by taking all my property
and keeping it. There was 7 head of Cattle and 16 head of
sheep, a mare that died about 3 years after and was sued by
Coulter while it lived, left by my husband. The note of Coulter
for $55, was given for a wagon, and it was never paid to my husband
or given up by him for I saw it several times after my husbands
death. I never had Elizabeth Pace look over these papers for
me nor did I ever know of her looking over them. If she ever
looked over my papers she did it on her own look, Elizabeth is
a good girl. I never read writing very well, good plain writing
I could read. I cant see to read writing now. I never had
the notes of Cain in my hand, and dont know that Twiggs
gave them to Coulter in his life time. I kept my husbands
papers for him. Coulter got the money on those notes of Cains after
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 397)
Description
[Page 397]
[Corresponds to labeled page 346 of Will Book 3]
346 Matter of Last Will etc of Francis Twiggs dec'd
Twiggs death.
Re Examined by Mr Reid.
My desire that I myself and Julia Ann should have our rights
under this will have not influenced us to make a statemnt
different from the exact truth (which is objected to by Counsel for
Respondents) - paper marked "A" herewith attached was here
shown to witness and she says she signed the same. It was
after the death of my daughter Mrs Coulter that I missed the
will - Mr Coulter was very kind to me for a number of years
after the death of my husband - Coulter and his wife both
thought there was no need of administration on the estate and
so I never had it done, there never would have been any need
of it if Mrs Coulter had lived -
When Judge Ranney was appointed Admr on my husbands
estate under the advice of Mr Coulter I concluded and said, I
did not want the estate administered upon -
And further days not -
her
Julia Ann X Twigg
mark
Mrs Ellen Halbert of lawful age and being first duly sworn says -
Question
by W. P. Reid Esq
Did you in the lifetime of Francis Twiggs have any conversation
with him in reference to how he disposed of his, if so, what did he say?
Objected to by Mr Sweetser
Answer
About 5 or 6 weeks before Francis Twiggs died I was at his home
in Delaware County and he seemed very much dissatisfied with the
way he was living and said he had things fixed so that after his
and his wife's death Julia Ann would have all his property - I never
heard him say anything about it, but that once time.
And further says not
her
Ellen x Hulbert
mark
Examination of Witnesses of Contestants
Miss Elizabeth Pace of lawful age being first duly sworn says,
I lived at the house of Mrs Julia A. Twigg and with her in the
year 1851. I never looked over the papers of Mr Twiggs except
one day Mrs Twiggs was looking over her papers and I was sitting
in the room knitting, and she took out a couple of papers and
could not read the writing and handed them to me and I
told her they were receipts and she said she supposed she might
as well burn them up, but as she had kept them so long she might
as well keep them still, and rolled them up an put them
[Corresponds to labeled page 346 of Will Book 3]
346 Matter of Last Will etc of Francis Twiggs dec'd
Twiggs death.
Re Examined by Mr Reid.
My desire that I myself and Julia Ann should have our rights
under this will have not influenced us to make a statemnt
different from the exact truth (which is objected to by Counsel for
Respondents) - paper marked "A" herewith attached was here
shown to witness and she says she signed the same. It was
after the death of my daughter Mrs Coulter that I missed the
will - Mr Coulter was very kind to me for a number of years
after the death of my husband - Coulter and his wife both
thought there was no need of administration on the estate and
so I never had it done, there never would have been any need
of it if Mrs Coulter had lived -
When Judge Ranney was appointed Admr on my husbands
estate under the advice of Mr Coulter I concluded and said, I
did not want the estate administered upon -
And further days not -
her
Julia Ann X Twigg
mark
Mrs Ellen Halbert of lawful age and being first duly sworn says -
Question
by W. P. Reid Esq
Did you in the lifetime of Francis Twiggs have any conversation
with him in reference to how he disposed of his, if so, what did he say?
Objected to by Mr Sweetser
Answer
About 5 or 6 weeks before Francis Twiggs died I was at his home
in Delaware County and he seemed very much dissatisfied with the
way he was living and said he had things fixed so that after his
and his wife's death Julia Ann would have all his property - I never
heard him say anything about it, but that once time.
And further says not
her
Ellen x Hulbert
mark
Examination of Witnesses of Contestants
Miss Elizabeth Pace of lawful age being first duly sworn says,
I lived at the house of Mrs Julia A. Twigg and with her in the
year 1851. I never looked over the papers of Mr Twiggs except
one day Mrs Twiggs was looking over her papers and I was sitting
in the room knitting, and she took out a couple of papers and
could not read the writing and handed them to me and I
told her they were receipts and she said she supposed she might
as well burn them up, but as she had kept them so long she might
as well keep them still, and rolled them up an put them
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 398)
Description
[Page 398]
[Corresponds to labeled page 347 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 347
back in the drawer, she had a large bundle of papers, larger than
my wrist, she did not open them all, she seemed to refer to the
whole bundle of papers when she said she supposed they were nothing
but old receipts etc. I never heard her say a word about Mr Twiggs
Will, heard her often speak of Mrs Coulters will, and she told
me Mrs Coulters Will willed the property all to Mr Coulter and
she was to live with him while she lived.
They were then contesting (Mr Fancher was) Mrs Coulters Will,
and she, Mrs Twiggs - said she did not know why he should be
lawing about the will, he had tried it long enough -
(All the above question and answer objected to by Mr Reid)
X Emanined by Mr Reid.
The time Mrs Twiggs spoke of Josh litigating the Coulter Will
was in the spring and summer and fall of that year, speaking of
it frequently. Mrs Twiggs generally locked the top drawer where
she put these papers when she went away, this was a habit with
her - I never saw her have any other papers. I am a sister-in
law of Mrs Coulter. Mr C. married my sister.
And further says not.
Elizabeth Pace -
Walter Blansfield of lawful age being next duly sworn says
He has known Julia Ann Twiggs since October 1855 = with
reference to a will made by her husband I had a conversation
with her about last November at the house of Mr Fancher, near
Freedom, or Lockwin. I asked her if she had got the old will
meaning the old will that Twigg made. She stammered a
little and said she had good witnesses and that was just
as good. She did not seem to be pleased with the conversation
She did not say who the witnesses were. Julia Ann Fancher
was present. Mrs. Twiggs has not associated with Mr Coul-
ters family since Fancher came back as she did before
X Examined by Mr Reid.
And further says not.
Walter Blansfield
[Corresponds to labeled page 347 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 347
back in the drawer, she had a large bundle of papers, larger than
my wrist, she did not open them all, she seemed to refer to the
whole bundle of papers when she said she supposed they were nothing
but old receipts etc. I never heard her say a word about Mr Twiggs
Will, heard her often speak of Mrs Coulters will, and she told
me Mrs Coulters Will willed the property all to Mr Coulter and
she was to live with him while she lived.
They were then contesting (Mr Fancher was) Mrs Coulters Will,
and she, Mrs Twiggs - said she did not know why he should be
lawing about the will, he had tried it long enough -
(All the above question and answer objected to by Mr Reid)
X Emanined by Mr Reid.
The time Mrs Twiggs spoke of Josh litigating the Coulter Will
was in the spring and summer and fall of that year, speaking of
it frequently. Mrs Twiggs generally locked the top drawer where
she put these papers when she went away, this was a habit with
her - I never saw her have any other papers. I am a sister-in
law of Mrs Coulter. Mr C. married my sister.
And further says not.
Elizabeth Pace -
Walter Blansfield of lawful age being next duly sworn says
He has known Julia Ann Twiggs since October 1855 = with
reference to a will made by her husband I had a conversation
with her about last November at the house of Mr Fancher, near
Freedom, or Lockwin. I asked her if she had got the old will
meaning the old will that Twigg made. She stammered a
little and said she had good witnesses and that was just
as good. She did not seem to be pleased with the conversation
She did not say who the witnesses were. Julia Ann Fancher
was present. Mrs. Twiggs has not associated with Mr Coul-
ters family since Fancher came back as she did before
X Examined by Mr Reid.
And further says not.
Walter Blansfield
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 399)
Description
[Page 399]
[Corresponds to labeled page 348 of Will Book 3]
348 Matter of Last Will etc of Francis Twiggs dec'd
Matthew Concklin Exq. being next duly sworn says -
He was acquainted with Francis Twiggs when he first
came out to Delaware County and was talking of buying the
place adjoining Coulters - I felt friendly to him and wanted
him to buy a piece that I thought could suit him better about
a mile or mile and a quarter off, but he said he wanted to
buy adjoinging Coulter because he did not expect to enjoy it long
and then he wanted Coulter and his wife to have it, adjoining
because it would be worth more to them at his death - he
bought the land adjoining Coulter - I heard him say about
the same in substance a number of time - never heard him
say anything about a will - up to the time of Twiggs death
he and Coulter both worked on the place. I think the old
man had his crops separate - they appeared on good terms up to
the old mans death = Previous to the old mans buying here,
when he was up looking for land he told me he wanted
to sell in Licking and locate in Delaware County so as to
be neared to Coulter and Parthenia. He afterwards told me
he did not expect to better his condition, but he thought it
would suit them (Coulter and his wife) better at his death.
I have talked with Mrs Twiggs abut the property
and Coulter will, but not about the Twigg will - A year
or two after Coulter married his present wife, she said it
was all right as to Coulter but she could not get along with
his wife - She said as to the personal property that Sam (Coulter)
may have used even of it in payment of debts, but complained
some about it, about the land she said she did not want her
dower right set off as she could not manage it and she thought
Sam would do right with her. After some conversation with
her about her dower right, I said I thought it would be prudence
in her not to assign it away to anybody and she said she
never would. She talked of both personal property and her
dower interest in the land. I have at all time since her
husbands death been as I supposed upon confidential terms with
the old lady. I have never heard from her a claim that her
husband made a will or died leaving a will. I have heard
her say in speaking of Mrs Coulters will, say she supposed Rerthenia's
will would hold the property. I cant say certain that she said
she heard Parthena's will read, but she was present when it was
read by me in the room where she was, with Mrs Coulter, that
will was erecuted by Mr Coulter = And Coulter has since been
in possession of the farm - it will be 8 years next October since
Twiggs death.
Question
by Mr Sweetser - In a case where Mrs Twiggs is interested as she
is in this, would mer memory and veracity be reliable?
Answer
I have no reason to doubt either -
[Corresponds to labeled page 348 of Will Book 3]
348 Matter of Last Will etc of Francis Twiggs dec'd
Matthew Concklin Exq. being next duly sworn says -
He was acquainted with Francis Twiggs when he first
came out to Delaware County and was talking of buying the
place adjoining Coulters - I felt friendly to him and wanted
him to buy a piece that I thought could suit him better about
a mile or mile and a quarter off, but he said he wanted to
buy adjoinging Coulter because he did not expect to enjoy it long
and then he wanted Coulter and his wife to have it, adjoining
because it would be worth more to them at his death - he
bought the land adjoining Coulter - I heard him say about
the same in substance a number of time - never heard him
say anything about a will - up to the time of Twiggs death
he and Coulter both worked on the place. I think the old
man had his crops separate - they appeared on good terms up to
the old mans death = Previous to the old mans buying here,
when he was up looking for land he told me he wanted
to sell in Licking and locate in Delaware County so as to
be neared to Coulter and Parthenia. He afterwards told me
he did not expect to better his condition, but he thought it
would suit them (Coulter and his wife) better at his death.
I have talked with Mrs Twiggs abut the property
and Coulter will, but not about the Twigg will - A year
or two after Coulter married his present wife, she said it
was all right as to Coulter but she could not get along with
his wife - She said as to the personal property that Sam (Coulter)
may have used even of it in payment of debts, but complained
some about it, about the land she said she did not want her
dower right set off as she could not manage it and she thought
Sam would do right with her. After some conversation with
her about her dower right, I said I thought it would be prudence
in her not to assign it away to anybody and she said she
never would. She talked of both personal property and her
dower interest in the land. I have at all time since her
husbands death been as I supposed upon confidential terms with
the old lady. I have never heard from her a claim that her
husband made a will or died leaving a will. I have heard
her say in speaking of Mrs Coulters will, say she supposed Rerthenia's
will would hold the property. I cant say certain that she said
she heard Parthena's will read, but she was present when it was
read by me in the room where she was, with Mrs Coulter, that
will was erecuted by Mr Coulter = And Coulter has since been
in possession of the farm - it will be 8 years next October since
Twiggs death.
Question
by Mr Sweetser - In a case where Mrs Twiggs is interested as she
is in this, would mer memory and veracity be reliable?
Answer
I have no reason to doubt either -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 400)
Description
[Page 400]
[Corresponds to labeled page 349 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 349
X Examined by Mr Reid -
It was about 3 or 4 months I think after Twiggs death that
Fancher married Julia Ann Coulter - When Twigg died Coulter
was not living on the adjoining place but was living over on
the road 1/2 or 3/4 of a mile distant. Coulter immediately after, or pretty
soon after moved in with the old. Just after Fanchers
marriage. Coulter always treated the old lady with great kind-
ness and attention = In the conversation with Twigg spoken of
in chief the frequently spoke of Julia Ann Coulter and thought
a great deal of her - when he spoke of "Sam" and "Thena" I
supposed he meant the whole family including Julia Ann
Coulter.
He said nothing about what he was going to leave for his wife.
(I have known Julia Ann Twigg 28 years and have never
heard anything against her character for truth and veracity. I
should believe her under. I believe she intends to be candid
and honest) Matter in brackets objected to by Mr Sweetser -
I have heard her say that Coulter always treated her well
and she thought a good deal of him
Question
by Mr. Reid - Did not Mr. Coulter for several years after
Twiggs death seem to have great influence over his widow:
Question and answer objected to by Mr. Sweetser
Answer
My opinion is that he had some influence -
Question
by same - Don't you know that for several years after her husbands
death for some reason, she had a bad opinion of Joseph Fancher?
Objected to by Mr. S.
Answer
I have heard her say she had particularly his course as to Parthena's
will - I have heard her say he was a mean homely socially
man and was trying to get the property all away from her and
Coulter -
[I had a conversation with Mrs. Coulter some time before her
death in the presence of Mrs. Twiggs, in which Mrs Coulter said
Joseph Fancher was trying to get the property away from them
and turn them all off the place, this was some time before Mrs
Coulters will was written] The above answer in brackets objected
to by Mr. Sweetser -
I was not present at the time the deed to John Cain for land
in Licking County was delivered to him and money and notes
passed from Clair to Twiggs in payment for said land -
Re - Examined by Mr. S.
I know that Coulter had in his possession two notes of $200
each, a horse and money to make $900 received in full for the
purchase money for Cains land, and Coulter said it was the
property he had received for Twigg of Cain, and Coulter and
Twigg both told me it was to be applied in payment of the land
in Delaware County = the substance of the conversation was that
[Corresponds to labeled page 349 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 349
X Examined by Mr Reid -
It was about 3 or 4 months I think after Twiggs death that
Fancher married Julia Ann Coulter - When Twigg died Coulter
was not living on the adjoining place but was living over on
the road 1/2 or 3/4 of a mile distant. Coulter immediately after, or pretty
soon after moved in with the old. Just after Fanchers
marriage. Coulter always treated the old lady with great kind-
ness and attention = In the conversation with Twigg spoken of
in chief the frequently spoke of Julia Ann Coulter and thought
a great deal of her - when he spoke of "Sam" and "Thena" I
supposed he meant the whole family including Julia Ann
Coulter.
He said nothing about what he was going to leave for his wife.
(I have known Julia Ann Twigg 28 years and have never
heard anything against her character for truth and veracity. I
should believe her under. I believe she intends to be candid
and honest) Matter in brackets objected to by Mr Sweetser -
I have heard her say that Coulter always treated her well
and she thought a good deal of him
Question
by Mr. Reid - Did not Mr. Coulter for several years after
Twiggs death seem to have great influence over his widow:
Question and answer objected to by Mr. Sweetser
Answer
My opinion is that he had some influence -
Question
by same - Don't you know that for several years after her husbands
death for some reason, she had a bad opinion of Joseph Fancher?
Objected to by Mr. S.
Answer
I have heard her say she had particularly his course as to Parthena's
will - I have heard her say he was a mean homely socially
man and was trying to get the property all away from her and
Coulter -
[I had a conversation with Mrs. Coulter some time before her
death in the presence of Mrs. Twiggs, in which Mrs Coulter said
Joseph Fancher was trying to get the property away from them
and turn them all off the place, this was some time before Mrs
Coulters will was written] The above answer in brackets objected
to by Mr. Sweetser -
I was not present at the time the deed to John Cain for land
in Licking County was delivered to him and money and notes
passed from Clair to Twiggs in payment for said land -
Re - Examined by Mr. S.
I know that Coulter had in his possession two notes of $200
each, a horse and money to make $900 received in full for the
purchase money for Cains land, and Coulter said it was the
property he had received for Twigg of Cain, and Coulter and
Twigg both told me it was to be applied in payment of the land
in Delaware County = the substance of the conversation was that
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 401)
Description
[Page 401]
[Corresponds to labeled page 350 of Will Book 3]
350 Matter of Last Will etc of Francis Twigg dec'd
Coulter was to buy the land in Delaware County and apply
the property in payment and get a deed for it and wanted
me to go with him and see about it, it was with the consent of
Twigg that Coulter had possession of the property and bought
the land - And Twigg said he wanted that land bought
because it would be better for "Sara" and "Thena"
My opinion is that Coulter had not much influence over
Mr. Twigg were and that Fancher had - She is a very old
person and such persons are easily influenced, but I don't
think he has influence enough over her to make her swear
false if she knows it -
And further says the deed for land in Delaware County was
to be in the name of old man Twiggs and was so made I
believe - And further says not.
Matthew Concklin -
Matter continued by consent of Parties until Feby 24th 1857
February 24th/57 Parties present and same counsel - resumed -
Mrs Mary Myers being next duly sworn according to law was
examined by Mr. Sweetser and says -
She is the widow of John Myers dec'd brother of Jacob Myers
Francis Twiggs was Uncle of Jacob's wife - Jacob Myers died
about 18 months before my husband - we resided about a mile
and a half from Francis Twiggs, had lived there a number
of years and the families were well acquainted - We were
all members of the same church -
About 12 or 14 years since my husband was troubled with
a cancer in the eye and was doctoring for it - Jacob Myers
used to come up to our house most every evening and assist my
husband and talk with him and I recollect about the time
stated above, 12 or 14 years since - He came in one evening and
was talking with my husband his eye being pretty bad that day
and Jacob said he had been up to Uncle Twiggs that day
drawing a will for him - My husband did not go out much
those days - I was with my husband all that day and he was
not off of the farm that day - When Jacob said he had written
the old man Twiggs will my husband asked him what
disposition he made of the property - My recollection is that
my husband was quite bad at this time as he had just
commenced doctoring with the cancer doctor and had in the
night proceding this conversation had applied the violent
medicine to his eye - which almost distracted him - he never
had his glasses on his eyes for about 4 years and about this
time to do any writing - the night before this conversation
took place his eye pained him so much he walked and
[Corresponds to labeled page 350 of Will Book 3]
350 Matter of Last Will etc of Francis Twigg dec'd
Coulter was to buy the land in Delaware County and apply
the property in payment and get a deed for it and wanted
me to go with him and see about it, it was with the consent of
Twigg that Coulter had possession of the property and bought
the land - And Twigg said he wanted that land bought
because it would be better for "Sara" and "Thena"
My opinion is that Coulter had not much influence over
Mr. Twigg were and that Fancher had - She is a very old
person and such persons are easily influenced, but I don't
think he has influence enough over her to make her swear
false if she knows it -
And further says the deed for land in Delaware County was
to be in the name of old man Twiggs and was so made I
believe - And further says not.
Matthew Concklin -
Matter continued by consent of Parties until Feby 24th 1857
February 24th/57 Parties present and same counsel - resumed -
Mrs Mary Myers being next duly sworn according to law was
examined by Mr. Sweetser and says -
She is the widow of John Myers dec'd brother of Jacob Myers
Francis Twiggs was Uncle of Jacob's wife - Jacob Myers died
about 18 months before my husband - we resided about a mile
and a half from Francis Twiggs, had lived there a number
of years and the families were well acquainted - We were
all members of the same church -
About 12 or 14 years since my husband was troubled with
a cancer in the eye and was doctoring for it - Jacob Myers
used to come up to our house most every evening and assist my
husband and talk with him and I recollect about the time
stated above, 12 or 14 years since - He came in one evening and
was talking with my husband his eye being pretty bad that day
and Jacob said he had been up to Uncle Twiggs that day
drawing a will for him - My husband did not go out much
those days - I was with my husband all that day and he was
not off of the farm that day - When Jacob said he had written
the old man Twiggs will my husband asked him what
disposition he made of the property - My recollection is that
my husband was quite bad at this time as he had just
commenced doctoring with the cancer doctor and had in the
night proceding this conversation had applied the violent
medicine to his eye - which almost distracted him - he never
had his glasses on his eyes for about 4 years and about this
time to do any writing - the night before this conversation
took place his eye pained him so much he walked and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 402)
Description
[Page 402]
[Corresponds to labeled page 351 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 351
stamped the floor almost all night, and could not lie in bed
I have been upon friendly visitng terms with Mrs
Julia Ann Twigg while she lived in Licking County and
since she moved to this County have always been very friendly
she visited us last fall - have never heard her say her
husband had left a will - day before yesterday I came
down in the morning to Mrs. Coulter and during that day I
was out and around - the house and walked on to the porch
when Mrs. Twiggs came out of her door and set something
down - cast her eye towards me so that I thought she saw and
but she turned right around and went into her part of the
house again - I think she knew I was there - I can't say
she saw me, though I thought she did she did not speak
to me -
X Examined -
Mr Coulter married my second daughter for his first wife -
I came here to testify at the instance of Mr. Coulter
My husband died 4 years ago last September aged 79 years
2 months and 11 days. He was afflicted 14 years with Cancer
that he doctored constantly before his death - He was confined
to his room and bed 10 months before his death - the Cancer
gradually grew worse from its commencement until his death -
He used to attend Church at Hebron and in our church near
home some times up to within 2 years before his death but not
often - I think it was as much as 2 years before his death that
he quit going out to church - He did not often walk to church
after he was afflicted with the Cancer and know certain he
ever did - it was about 1-1/2 miles to our church from our house
My husband never went to Kirkersville, he went to Hebron
sometimes to trade and to church - did his trading at Hebron
and Granville, I think always had one of his sons or son-in
law along after he had the cancer - I do not want to be
understood as saying that my husband never went off of his
farm or away from home after the time spoken of in chief
when Jacob told him about writing Uncle twiggs will - but he
never was out much on business - for about 7 years after commence-
ment of cancer he applied just drops or mild medicine to his
eye - but about 10 years before his death he applied strong Cancer
medicine as much as every other night, or every night - I will
not swaer that it was either the night before or the night
after the conversation with Jacob spoken of in chief that the
Cancer Doctor was there and applied the medicine to my husbands
eye - Old Captain Coulter was the Doctor that applied the strong
medicine - he is since deceased - about 2 or 3 years since -
Cant say whether it was a week before or a week after Captain
Coulter first applied the strong medicine that the conversation
[Corresponds to labeled page 351 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 351
stamped the floor almost all night, and could not lie in bed
I have been upon friendly visitng terms with Mrs
Julia Ann Twigg while she lived in Licking County and
since she moved to this County have always been very friendly
she visited us last fall - have never heard her say her
husband had left a will - day before yesterday I came
down in the morning to Mrs. Coulter and during that day I
was out and around - the house and walked on to the porch
when Mrs. Twiggs came out of her door and set something
down - cast her eye towards me so that I thought she saw and
but she turned right around and went into her part of the
house again - I think she knew I was there - I can't say
she saw me, though I thought she did she did not speak
to me -
X Examined -
Mr Coulter married my second daughter for his first wife -
I came here to testify at the instance of Mr. Coulter
My husband died 4 years ago last September aged 79 years
2 months and 11 days. He was afflicted 14 years with Cancer
that he doctored constantly before his death - He was confined
to his room and bed 10 months before his death - the Cancer
gradually grew worse from its commencement until his death -
He used to attend Church at Hebron and in our church near
home some times up to within 2 years before his death but not
often - I think it was as much as 2 years before his death that
he quit going out to church - He did not often walk to church
after he was afflicted with the Cancer and know certain he
ever did - it was about 1-1/2 miles to our church from our house
My husband never went to Kirkersville, he went to Hebron
sometimes to trade and to church - did his trading at Hebron
and Granville, I think always had one of his sons or son-in
law along after he had the cancer - I do not want to be
understood as saying that my husband never went off of his
farm or away from home after the time spoken of in chief
when Jacob told him about writing Uncle twiggs will - but he
never was out much on business - for about 7 years after commence-
ment of cancer he applied just drops or mild medicine to his
eye - but about 10 years before his death he applied strong Cancer
medicine as much as every other night, or every night - I will
not swaer that it was either the night before or the night
after the conversation with Jacob spoken of in chief that the
Cancer Doctor was there and applied the medicine to my husbands
eye - Old Captain Coulter was the Doctor that applied the strong
medicine - he is since deceased - about 2 or 3 years since -
Cant say whether it was a week before or a week after Captain
Coulter first applied the strong medicine that the conversation
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 403)
Description
[Page 403]
[Corresponds to labeled page 352 of Will Book 3]
352 Matter of Last Will etc of Francis Twigg dec'd
occurred about the will - I cant say certain as to its being two
weeks or 4 weeks before or after the Captain first applied the
medicine the conversation occurred - I supposed all I was called
upon to testify to was that my husband was not out of the house
that day they said the will was made or for weeks before or
weeks after - Mr Samuel Coulter wanted me to come up and
testify that and I thought it was hard such stories should be
raised on the dead - saying my husband witnessed that will
when I know it was not so - Jacob Myers said in the conversation
spoken of in chief that he had written a will for Uncle Francis
Twigg that day -
Question
by Mr. Reid - What did Jacob Myers say at that time about
the contents of said will?
(Objected to by Mr. Sweetser as not proper cross examination as he had distinctly disclaimed
on examination in chief every intention of going into proof of conversation as to the contents of said will)
Overruled the objection
Answer
He said what he was worth was to be Julia Anns at his and
the old lady's death - I think the will was made before Mr Twigg
joined the Christian church but cant say positive, it was a number
of years before the church was built there in our neighborhood
that the conversation about the will was had by Jacob, spoken
of above - I am very confident that Mrs. Twigg visited one last
fall as she slept in my house - It was not because I had any
thing against Mrs Twigg that I did not call on her when I came
on last week - It was about noon, a little before on Monday that
I saw Mrs. Twigg spoken of in chief - I came to Mr Blaneys son
in law of Coulter and who lives on Coulters farm = Friday night
Mrs. Blaney is my Grand-daughter and is sick, she lives about
300 yards from Coulters House -
And farther says not
her
Mary X Myers
mark
Witnesses called by Petitioners
Martin Wilcox, aged 46 years & of Delaware Co - being next duly
sworn says -
Knew Jacob Myers, John Myers, Francis Twiggs and their families
since I was 7 years old - My father lived about a mile and a half
from Jacob and John Myers and I resided with him until I settled
for myself about 3/4 of a mile from them where I lived 10 years and
then for 4 years back on my Fathers place until 9 years ago when I
removed to this County - The Church called the Christian Church in
the neighborhood of the Myers in Licking County and attended by
them was built in the neighborhood 11 or 12 years ago as near as I
can fix it = Mr. John Myers was there at its building and when
we were getting out timber for the same and took considerable
[Corresponds to labeled page 352 of Will Book 3]
352 Matter of Last Will etc of Francis Twigg dec'd
occurred about the will - I cant say certain as to its being two
weeks or 4 weeks before or after the Captain first applied the
medicine the conversation occurred - I supposed all I was called
upon to testify to was that my husband was not out of the house
that day they said the will was made or for weeks before or
weeks after - Mr Samuel Coulter wanted me to come up and
testify that and I thought it was hard such stories should be
raised on the dead - saying my husband witnessed that will
when I know it was not so - Jacob Myers said in the conversation
spoken of in chief that he had written a will for Uncle Francis
Twigg that day -
Question
by Mr. Reid - What did Jacob Myers say at that time about
the contents of said will?
(Objected to by Mr. Sweetser as not proper cross examination as he had distinctly disclaimed
on examination in chief every intention of going into proof of conversation as to the contents of said will)
Overruled the objection
Answer
He said what he was worth was to be Julia Anns at his and
the old lady's death - I think the will was made before Mr Twigg
joined the Christian church but cant say positive, it was a number
of years before the church was built there in our neighborhood
that the conversation about the will was had by Jacob, spoken
of above - I am very confident that Mrs. Twigg visited one last
fall as she slept in my house - It was not because I had any
thing against Mrs Twigg that I did not call on her when I came
on last week - It was about noon, a little before on Monday that
I saw Mrs. Twigg spoken of in chief - I came to Mr Blaneys son
in law of Coulter and who lives on Coulters farm = Friday night
Mrs. Blaney is my Grand-daughter and is sick, she lives about
300 yards from Coulters House -
And farther says not
her
Mary X Myers
mark
Witnesses called by Petitioners
Martin Wilcox, aged 46 years & of Delaware Co - being next duly
sworn says -
Knew Jacob Myers, John Myers, Francis Twiggs and their families
since I was 7 years old - My father lived about a mile and a half
from Jacob and John Myers and I resided with him until I settled
for myself about 3/4 of a mile from them where I lived 10 years and
then for 4 years back on my Fathers place until 9 years ago when I
removed to this County - The Church called the Christian Church in
the neighborhood of the Myers in Licking County and attended by
them was built in the neighborhood 11 or 12 years ago as near as I
can fix it = Mr. John Myers was there at its building and when
we were getting out timber for the same and took considerable
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 404)
Description
[Page 404]
[Corresponds to labeled page 353 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 353
interest in it. He frequently attended the church, saw him
there frequently up to the time I left that County - I frequently
saw him at Hebron up to about the time I left there to come
to this County - He was not personally confined to his house for
some years before I left that County - I think he was confined
to his home at one time - I cant give much of an idea as to
how long, but I afterwards saw him out frequently before I left
there - He seemed to be around as other men were without
an attendant - I think it was before the building of the church
he was confined to his house - cant be positive - don't know that
I ever saw him work any at the church -
The whole of the above objected to by Mr. Sweetser and declined X Examining
And further says not
Martin Wilcox
George Hurlbert being next duly sworn says -
He is is 21 years old - was acquainted with Francis Twiggs
Mrs Coulter and their families -
Question
by Mr. Reid - Did you hear Francis Twiggs during his last
sickness say anything about how he had disposed of his property
if so, when where and what?
Objected to by Mr. Sweetser -
Answer
At the residence of Francis Twiggs at the time of his decease a
few days before his death - I was present - He was confined to
his bed in his last sickness - He said "after his death he
had it fixed so that all his property should fall to Julia Ann
and Granny" (as he always called his Grandmother) I was at
that time living with Mr. Coulter - I dont think Mr Twigg
was able to get off his bed after that time - Mr. Coulters wife
Granny and myself were present, no one else that I recollect
he was talking to Mr Coulters wife at the time never heard
him say or at any other time -
(Mr. Sweetser asked that the above should be ruled out) Application denied
X Examined by Mr. Sweetser
I talked with my Mother and Bill McKinney about this matter =
I told Bill McKinney what the old man said about this matter -
I first told Fancher of this at least two months ago - He is to
pay my expenses up here = he has not given or promised to give
me anything money or property to come up here and swear to
this - I was not called by him by him on former examination
Bill McKinney lives now in Illinois I believe -
And further says not -
George Hurlburt -
[Corresponds to labeled page 353 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 353
interest in it. He frequently attended the church, saw him
there frequently up to the time I left that County - I frequently
saw him at Hebron up to about the time I left there to come
to this County - He was not personally confined to his house for
some years before I left that County - I think he was confined
to his home at one time - I cant give much of an idea as to
how long, but I afterwards saw him out frequently before I left
there - He seemed to be around as other men were without
an attendant - I think it was before the building of the church
he was confined to his house - cant be positive - don't know that
I ever saw him work any at the church -
The whole of the above objected to by Mr. Sweetser and declined X Examining
And further says not
Martin Wilcox
George Hurlbert being next duly sworn says -
He is is 21 years old - was acquainted with Francis Twiggs
Mrs Coulter and their families -
Question
by Mr. Reid - Did you hear Francis Twiggs during his last
sickness say anything about how he had disposed of his property
if so, when where and what?
Objected to by Mr. Sweetser -
Answer
At the residence of Francis Twiggs at the time of his decease a
few days before his death - I was present - He was confined to
his bed in his last sickness - He said "after his death he
had it fixed so that all his property should fall to Julia Ann
and Granny" (as he always called his Grandmother) I was at
that time living with Mr. Coulter - I dont think Mr Twigg
was able to get off his bed after that time - Mr. Coulters wife
Granny and myself were present, no one else that I recollect
he was talking to Mr Coulters wife at the time never heard
him say or at any other time -
(Mr. Sweetser asked that the above should be ruled out) Application denied
X Examined by Mr. Sweetser
I talked with my Mother and Bill McKinney about this matter =
I told Bill McKinney what the old man said about this matter -
I first told Fancher of this at least two months ago - He is to
pay my expenses up here = he has not given or promised to give
me anything money or property to come up here and swear to
this - I was not called by him by him on former examination
Bill McKinney lives now in Illinois I believe -
And further says not -
George Hurlburt -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 405)
Description
[Page 405]
[Corresponds to labeled page 354 of Will Book 3]
354 Matter of Last Will etc of Francis Twiggs dec'd
And the said matter being then continued under advisement
by the Court until February 28th 1857 - The following order was
had at said last named day and entered herein to wit -
Matter of Last Will of Francis Twiggs dec'd
The Commission heretofore issued from this Court
to take the Deposition of Asa Brown, said to be one of the sub
scribing witnesses thereto, and other material witnesses residing
in Licking County Ohio was this day produced in open Court
and filed by said Commissioner, and it appearing to the
satisfaction of the Court, as well by the deposition so taken by
the said Commissioner of the said Asa Brown and others, as also
by the testimony of Julia Ann Twiggs Ellen Hulbert and George
Hulburt and others taken in open Court, reduced to writing
and signed by said witnesses respectively, and filed in this
matter - That the said Francis Twigg in his lifetime
executed a certain last will and testament, which said will
was duly attested and executed in the mode provided by the
law in force at the time of its execution and that said testator
was at the time of executing said will of full age of
sound mind and memory and acting under no restraint and
that the contents of said will have been substantially proven by
the testimony taken in this proceeding - At that said last will
was unrevoked at the death of said testator, and has since the
death of said testator, been lost, spoliated or destroyed - And
the Court being further satisfied that written notice was agreeably
to the order of said Court, duly served as provided by law upon
Samuel Coulter whose interest it may be to resist the Probate
of said will. The Court do therefore find and establish the
contents of said Will as follows to wit:
Last Will of Francis Twiggs
First I will and desire that my funeral expenses and lawful
debts all be paid Second that my wife Julia Ann have all
my estate real and personal during her natural lifetime - After
her death I will and bequeath to my daughter Parthena Coulter
all my personal property and to her daughter Julia Ann all my
real estate -
Witnesses Francis Twigg {Seal}
Jacob Myers
Asa Brown
Which said Will as found and established
together with said testimony by said witnesses respectively subscribed
is ordered to be recorded
I. Ranney Probate Judge
[Corresponds to labeled page 354 of Will Book 3]
354 Matter of Last Will etc of Francis Twiggs dec'd
And the said matter being then continued under advisement
by the Court until February 28th 1857 - The following order was
had at said last named day and entered herein to wit -
Matter of Last Will of Francis Twiggs dec'd
The Commission heretofore issued from this Court
to take the Deposition of Asa Brown, said to be one of the sub
scribing witnesses thereto, and other material witnesses residing
in Licking County Ohio was this day produced in open Court
and filed by said Commissioner, and it appearing to the
satisfaction of the Court, as well by the deposition so taken by
the said Commissioner of the said Asa Brown and others, as also
by the testimony of Julia Ann Twiggs Ellen Hulbert and George
Hulburt and others taken in open Court, reduced to writing
and signed by said witnesses respectively, and filed in this
matter - That the said Francis Twigg in his lifetime
executed a certain last will and testament, which said will
was duly attested and executed in the mode provided by the
law in force at the time of its execution and that said testator
was at the time of executing said will of full age of
sound mind and memory and acting under no restraint and
that the contents of said will have been substantially proven by
the testimony taken in this proceeding - At that said last will
was unrevoked at the death of said testator, and has since the
death of said testator, been lost, spoliated or destroyed - And
the Court being further satisfied that written notice was agreeably
to the order of said Court, duly served as provided by law upon
Samuel Coulter whose interest it may be to resist the Probate
of said will. The Court do therefore find and establish the
contents of said Will as follows to wit:
Last Will of Francis Twiggs
First I will and desire that my funeral expenses and lawful
debts all be paid Second that my wife Julia Ann have all
my estate real and personal during her natural lifetime - After
her death I will and bequeath to my daughter Parthena Coulter
all my personal property and to her daughter Julia Ann all my
real estate -
Witnesses Francis Twigg {Seal}
Jacob Myers
Asa Brown
Which said Will as found and established
together with said testimony by said witnesses respectively subscribed
is ordered to be recorded
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 406)
Description
[Page 406]
[Corresponds to labeled page 355 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 355
After which on the same day the following notice of appeal was
filed herein by Mr. Sweetser Atty for Coulter
In the Matter of the Probate of this last or spoliated duplicated will of
Francis Twigg dec'd in the Probate Court of Delaware Co.
Samuel Coulter who is the owner of Real Estate
which will be affected by the admission to Record of the said
supposed will which has this day been ordered by the Probate Court
to Record. Now comes and gives notice to the Court and all persons
in interest that he appeals from the decision of the Probate Court of
said County to the Court of Common Pleas of said County and is
willing to enter into any such Recognizance as the Court may
require -
Feb 28th 1857 by Charles Sweetser
Atty for Sam'l Coulter
Thereupon the Court declined fixing any amount of Bond
for appeal -
[Corresponds to labeled page 355 of Will Book 3]
Matter of Last Will etc of Francis Twiggs dec'd 355
After which on the same day the following notice of appeal was
filed herein by Mr. Sweetser Atty for Coulter
In the Matter of the Probate of this last or spoliated duplicated will of
Francis Twigg dec'd in the Probate Court of Delaware Co.
Samuel Coulter who is the owner of Real Estate
which will be affected by the admission to Record of the said
supposed will which has this day been ordered by the Probate Court
to Record. Now comes and gives notice to the Court and all persons
in interest that he appeals from the decision of the Probate Court of
said County to the Court of Common Pleas of said County and is
willing to enter into any such Recognizance as the Court may
require -
Feb 28th 1857 by Charles Sweetser
Atty for Sam'l Coulter
Thereupon the Court declined fixing any amount of Bond
for appeal -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 407)
Description
[Page 407]
[Corresponds to labeled page 356 of Will Book 3]
356 Last Will and Testament of John King dec'd
Proceedings had before the Hon. I. Ranney
Probate Judge within and for the County of
Delaware and State of Ohio, at his office in
the town of Delaware April 25 A.D. 1857.
The last will and testament of John King
late of Norton in said County deceased was
this day produced in open Court by Jane King
Executrix named in said will, and James Wintermute
and James Hodges the subscribing witnesses to
said will appeared and in open Court on oath
testified to the due execution of said will which
testimony was reduced to writing and by them re-
Spectively Subscribed and filed with said will and
appearing to the court by said testimony that
said will was truly attested and executed and
that said testator at the time of executing the
same was of full age and of sound mind
and memory and not under any restraint It
is ordered by the court that said will and
testamony be Recorded.
Copy of the Will
In the name of the Benevolent Father of
all I John King of Norton Delaware County
Ohio do make and publish this my last will
and testament.
That I do hereby leave all my
personal property and real estate to my beloved
wife Jane King and do hereby nominate and
appoint my beloved wife Jane King Sole
Executrix of this my last will and testament
hereby authorizing and empowering her to compromise
adjust release and discharge in such manner
as she may deem proper the debts and claims
due me. I do also authorize and empower
her if it shall become necessary in order to pay
my debts to sell by private Sale or in such man-
ner upon such terms of credit or otherwise as she
may think proper all or any part of my real
estate, and deeds to purchasers to execute acknowl-
edge and diliver in fee simple.
I desire that no appraisement and no sale of
my personal property be made and that the Court
of Probate direct the omission of the same in
[Corresponds to labeled page 356 of Will Book 3]
356 Last Will and Testament of John King dec'd
Proceedings had before the Hon. I. Ranney
Probate Judge within and for the County of
Delaware and State of Ohio, at his office in
the town of Delaware April 25 A.D. 1857.
The last will and testament of John King
late of Norton in said County deceased was
this day produced in open Court by Jane King
Executrix named in said will, and James Wintermute
and James Hodges the subscribing witnesses to
said will appeared and in open Court on oath
testified to the due execution of said will which
testimony was reduced to writing and by them re-
Spectively Subscribed and filed with said will and
appearing to the court by said testimony that
said will was truly attested and executed and
that said testator at the time of executing the
same was of full age and of sound mind
and memory and not under any restraint It
is ordered by the court that said will and
testamony be Recorded.
Copy of the Will
In the name of the Benevolent Father of
all I John King of Norton Delaware County
Ohio do make and publish this my last will
and testament.
That I do hereby leave all my
personal property and real estate to my beloved
wife Jane King and do hereby nominate and
appoint my beloved wife Jane King Sole
Executrix of this my last will and testament
hereby authorizing and empowering her to compromise
adjust release and discharge in such manner
as she may deem proper the debts and claims
due me. I do also authorize and empower
her if it shall become necessary in order to pay
my debts to sell by private Sale or in such man-
ner upon such terms of credit or otherwise as she
may think proper all or any part of my real
estate, and deeds to purchasers to execute acknowl-
edge and diliver in fee simple.
I desire that no appraisement and no sale of
my personal property be made and that the Court
of Probate direct the omission of the same in
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 408)
Description
[Page 408]
[Corresponds to labeled page 357 of Will Book 3]
357
pursuance of the statutes. I do hereby revoke all
former wills by me made.
In testimony of the within I have hereunto set my
hand and seal this twenty eighth day of February
in the year eighteen hundred and fifty seven
John King {Seal}
Signed and acknowledged
by said John King as his
as his last will and testament
in our presence and signed by
us in his presence.
James Hodges
James T. Wintermute
The State of Ohio Delaware County Ss.
We James Wintermute and James Hodges
being duly sworn in open Court this 25th
day of April A.D. 1857, depose and say
that we were prsent at the execution of the last
will and testament of John King hereto an-
nexed that we saw the said testator subscribe
said will and heard him publish and declare
the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age, and of sound mind and
memory, and not under any restraint and that
we signed the same as witnesses at his request
and in his presence and in the presence of each other
Jas T. Wintermute
James C. Hodges
Sworn to and subscribed before me this 25th day
of April A.D. 1857.
I. Ranney Probate Judge
[Corresponds to labeled page 357 of Will Book 3]
357
pursuance of the statutes. I do hereby revoke all
former wills by me made.
In testimony of the within I have hereunto set my
hand and seal this twenty eighth day of February
in the year eighteen hundred and fifty seven
John King {Seal}
Signed and acknowledged
by said John King as his
as his last will and testament
in our presence and signed by
us in his presence.
James Hodges
James T. Wintermute
The State of Ohio Delaware County Ss.
We James Wintermute and James Hodges
being duly sworn in open Court this 25th
day of April A.D. 1857, depose and say
that we were prsent at the execution of the last
will and testament of John King hereto an-
nexed that we saw the said testator subscribe
said will and heard him publish and declare
the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age, and of sound mind and
memory, and not under any restraint and that
we signed the same as witnesses at his request
and in his presence and in the presence of each other
Jas T. Wintermute
James C. Hodges
Sworn to and subscribed before me this 25th day
of April A.D. 1857.
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 409)
Description
[Page 409]
[Corresponds to labeled page 358 of Will Book 3]
358 Last Will and testament of Leah Cryder dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his office in the
Town of Delaware on the 19th day of May A.D. 1857 -
The last Will and Testament of Leah Cryder late of said
County dec'd was this day produced in open Court and duly proven
by the testimony of George W. Perry and Henry Wells the subscribing
witnesses thereto (as reduced to writing and filed with said Will
admitted to Probate and ordered to be recorded as follows-
Copy of Will
I Leah Cryder of the County of Delaware and State of Ohio being
weak in body and supposing that I may in the providence of
God soon be called to that world from which no traveller
returns though now of sound mind and memory do make publish
and declare this my last Will and testament hereby revoking
all other wills by me at any other time made declaring this to
be my last will in manner following viz.
1st I order and direct that all my just debts and funeral expenses be
fully paid by my executor herein after named And that a suitable
family Monument of suitable style and size be erected by my said
Executor upon the family lot in Oak Grove Cemetery at Delaware
in the County aforesaid where my late husband George L. Cryder
together with several children are buried and where it is my
wish to be also buried. Said Monument to be of such construction
as to be commemorative of such of the family as are or may be here-
after buried there and to be of the value of from Two hundred
to Two Hundred and Fifty Dollars, or thereabouts at the discretion
of my said Executor
2nd I order and direct that the sum of Eighty dollars be paid by
my said Executor out of any property which may come into his
hands by virtue of this my Will to my Son John M. Cryder in
consideration of a transaction in connection with the present of a
Colt to my said Son John W. Cryder, from his late Father Also
that a certain Beauro or Secretary among my household goods
which was formerly the property of Israel Cryder, father of my
late husband George S. Cryder and Grandfather of the said
John M. Cryder be given to my said Son John M. Cryder
3rd I give and bequeath all the beds bedding and carpeting among
my household effects and owned by me to my daughter Ellen
Cryder
4th I order and direct that whatever of my estate personal or real
may remain after the fulfillment of the foregoing stipulations and
bequests shall be equally divided between my three children John
M. Cryder, Ellen Cryder and George Cryder -
And further I do nominate and appoint David Davids
[Corresponds to labeled page 358 of Will Book 3]
358 Last Will and testament of Leah Cryder dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware State of Ohio at his office in the
Town of Delaware on the 19th day of May A.D. 1857 -
The last Will and Testament of Leah Cryder late of said
County dec'd was this day produced in open Court and duly proven
by the testimony of George W. Perry and Henry Wells the subscribing
witnesses thereto (as reduced to writing and filed with said Will
admitted to Probate and ordered to be recorded as follows-
Copy of Will
I Leah Cryder of the County of Delaware and State of Ohio being
weak in body and supposing that I may in the providence of
God soon be called to that world from which no traveller
returns though now of sound mind and memory do make publish
and declare this my last Will and testament hereby revoking
all other wills by me at any other time made declaring this to
be my last will in manner following viz.
1st I order and direct that all my just debts and funeral expenses be
fully paid by my executor herein after named And that a suitable
family Monument of suitable style and size be erected by my said
Executor upon the family lot in Oak Grove Cemetery at Delaware
in the County aforesaid where my late husband George L. Cryder
together with several children are buried and where it is my
wish to be also buried. Said Monument to be of such construction
as to be commemorative of such of the family as are or may be here-
after buried there and to be of the value of from Two hundred
to Two Hundred and Fifty Dollars, or thereabouts at the discretion
of my said Executor
2nd I order and direct that the sum of Eighty dollars be paid by
my said Executor out of any property which may come into his
hands by virtue of this my Will to my Son John M. Cryder in
consideration of a transaction in connection with the present of a
Colt to my said Son John W. Cryder, from his late Father Also
that a certain Beauro or Secretary among my household goods
which was formerly the property of Israel Cryder, father of my
late husband George S. Cryder and Grandfather of the said
John M. Cryder be given to my said Son John M. Cryder
3rd I give and bequeath all the beds bedding and carpeting among
my household effects and owned by me to my daughter Ellen
Cryder
4th I order and direct that whatever of my estate personal or real
may remain after the fulfillment of the foregoing stipulations and
bequests shall be equally divided between my three children John
M. Cryder, Ellen Cryder and George Cryder -
And further I do nominate and appoint David Davids
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 410)
Description
[Page 410]
[Corresponds to labeled page 359 of Will Book 3]
Last Will and Testament of Leah Cryder dec'd 359
of the County of Delaware aforesaid as Guardian for my said
son John M. Cryder during the years of his minority
Also I do hereby nominate and appoint Oren H. Newton of the
County aforesaid to be Guardian of my said daughter Ellen
Cryder and of my said son George Cryder during the years
of their minority respectively -
And lastly I do hereby nominate and appoint Raymond
Burr shall be appointed by the Court of Probate of the said
County as my successor Administrator de bonis now with the
will annexed of the Estate of my late husband George S. Cryder.
In testimony whereof I have hereunto set my hand and
seal at Delaware O this twentieth day of February AD 1857 -
Signed and Sealed in presence of } Leah Cryder {Seal}
George W. Perry }
H. Wells }
The State of Ohio Delaware County SS.
We George W. Perry and Henry Wells being duly sworn in open
Court this 19th day of May A.D. 1857 depose and say that we were
present at the execution of the last will and testament of Leah
Cryder dec'd hereto annexed, that we saw the said testatrix sub-
scribe said will, and her conduct understood the same
to be her last will and testament, and that the said testa-
trix at the time of executing the same was of full age, and of
sound mind and memory, and not under any restraint, and
that we signed the same as witnesses at her request and in
her presence and in the presence of each other -
George W. Perry
H. Wells
Sworn to and subscribed before me this 19th day of May AD 1857
I. Ranney Probate Judge
[Corresponds to labeled page 359 of Will Book 3]
Last Will and Testament of Leah Cryder dec'd 359
of the County of Delaware aforesaid as Guardian for my said
son John M. Cryder during the years of his minority
Also I do hereby nominate and appoint Oren H. Newton of the
County aforesaid to be Guardian of my said daughter Ellen
Cryder and of my said son George Cryder during the years
of their minority respectively -
And lastly I do hereby nominate and appoint Raymond
Burr shall be appointed by the Court of Probate of the said
County as my successor Administrator de bonis now with the
will annexed of the Estate of my late husband George S. Cryder.
In testimony whereof I have hereunto set my hand and
seal at Delaware O this twentieth day of February AD 1857 -
Signed and Sealed in presence of } Leah Cryder {Seal}
George W. Perry }
H. Wells }
The State of Ohio Delaware County SS.
We George W. Perry and Henry Wells being duly sworn in open
Court this 19th day of May A.D. 1857 depose and say that we were
present at the execution of the last will and testament of Leah
Cryder dec'd hereto annexed, that we saw the said testatrix sub-
scribe said will, and her conduct understood the same
to be her last will and testament, and that the said testa-
trix at the time of executing the same was of full age, and of
sound mind and memory, and not under any restraint, and
that we signed the same as witnesses at her request and in
her presence and in the presence of each other -
George W. Perry
H. Wells
Sworn to and subscribed before me this 19th day of May AD 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 411)
Description
[Page 411]
[Corresponds to labeled page 360 of Will Book 3]
360 Last Will and Testament of William Gregg dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 3rd day of June A.D. 1857
The last will and Testament of WIlliam Gregg late of said County
dec'd was this day produced in open Court and duly proven by the tes-
timony of William Williams and Solomon L. McCoy the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of All -
I William Gregg of the County of Delaware and State
of Ohio do make and publish this my last Will and Testament -
Item 1st I give and devise to my beloved wife One third in value of all
my real estate situate in Brown Township Delaware County Ohio
and in Range 18, Township 5, Section 1 and Lot 36 containing about
one hundred acres, it being all the real estate I own during her
natural life, and all the stock, household goods, furniture provi-
sions and other goods and chattels which may be thereon at the
time of my decease after selling so much thereof as may be
sufficient to pay my just debts. I give and bequeath to my
said wife and to my son William H. Gregg to mutually use on
said premises. If however they should find it necessary to divide said
property then my wife shall be allowed her years suppport takeing
into consideration the amount consumed previous to such division
Should my wife die before she enjoys the above privileges five years
then she shall have one hundred dollars to descend to her assigns
Item 2nd I devise and bequeath to my son son William H. Gregg aged sixteen
years all the real and personal property mentioned in Item 1st
Subject to the claims therein given to my wife, Also subject to paying
to each of my heirs within ten years after my decease the following
sums of money (to wit) to my son Henry Gregg three hundred dollars
to my daughter Jane Roloson Eighty dollars, to my grand daughter
Nancy - Jennett Waldron fifty dollars, to my daughter Aby Moses Eighty
dollars, to my son Sansom Gregg three hundred dollars, to my son
Israel Gregg three hundred dollars, and to my daughter Hannah Gregg
the sum of One hundred and fifty dollars -
If however either of my said heirs should die before said money is paid
leaving no children living, then said William H. Gregg is hereby exonerated
from paying the amount devised to such deceased heir.
Item 3rd I do hereby nominate and appoint William Williams guardian of my
son William H. Gregg until he arrives at the age of twenty-one years.
Item 4th I do hereby nominate and appoint said William Williams Executor of
this my last Will and testament -
In testimony hereof I have hereunto set my
[Corresponds to labeled page 360 of Will Book 3]
360 Last Will and Testament of William Gregg dec'd
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware State of Ohio at his Office in the Town of
Delaware on the 3rd day of June A.D. 1857
The last will and Testament of WIlliam Gregg late of said County
dec'd was this day produced in open Court and duly proven by the tes-
timony of William Williams and Solomon L. McCoy the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of All -
I William Gregg of the County of Delaware and State
of Ohio do make and publish this my last Will and Testament -
Item 1st I give and devise to my beloved wife One third in value of all
my real estate situate in Brown Township Delaware County Ohio
and in Range 18, Township 5, Section 1 and Lot 36 containing about
one hundred acres, it being all the real estate I own during her
natural life, and all the stock, household goods, furniture provi-
sions and other goods and chattels which may be thereon at the
time of my decease after selling so much thereof as may be
sufficient to pay my just debts. I give and bequeath to my
said wife and to my son William H. Gregg to mutually use on
said premises. If however they should find it necessary to divide said
property then my wife shall be allowed her years suppport takeing
into consideration the amount consumed previous to such division
Should my wife die before she enjoys the above privileges five years
then she shall have one hundred dollars to descend to her assigns
Item 2nd I devise and bequeath to my son son William H. Gregg aged sixteen
years all the real and personal property mentioned in Item 1st
Subject to the claims therein given to my wife, Also subject to paying
to each of my heirs within ten years after my decease the following
sums of money (to wit) to my son Henry Gregg three hundred dollars
to my daughter Jane Roloson Eighty dollars, to my grand daughter
Nancy - Jennett Waldron fifty dollars, to my daughter Aby Moses Eighty
dollars, to my son Sansom Gregg three hundred dollars, to my son
Israel Gregg three hundred dollars, and to my daughter Hannah Gregg
the sum of One hundred and fifty dollars -
If however either of my said heirs should die before said money is paid
leaving no children living, then said William H. Gregg is hereby exonerated
from paying the amount devised to such deceased heir.
Item 3rd I do hereby nominate and appoint William Williams guardian of my
son William H. Gregg until he arrives at the age of twenty-one years.
Item 4th I do hereby nominate and appoint said William Williams Executor of
this my last Will and testament -
In testimony hereof I have hereunto set my
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 412)
Description
[Page 412]
[Corresponds to labeled page 361 of Will Book 3]
Last Will and Testament of William Gregg dec'd 361
hand and seal this 19th day of May AD 1857
Wm Gregg {Seal}
Signed and acknowledged by said Wm }
Gregg as his last will and testament }
in our presence and signed by us in }
his presence - }
Solomon L. McCoy }
Wm Williams }
The State of Ohio Delaware County SS.
We Wm Williams and Solomon L. McCoy being duly sworn in open Court
this 3rd day of June A.D. 1857 depose and say that we were present
at the execution of the last will and testament of Wm Gregg dec'd
hereto annexed, that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last
will and testament, and that the said testator at the time
of executing the same was of full age, and of sound mind and
memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in
the presence of each other -
Wm Williams
Solomon L. McCoy
Sworn to and subscribed before me this 3rd day of June A.D. 1857 -
I. Ranney Probate Judge -
Affidavit
State of Ohio Delaware County S.S.
Personally appeared before me Lee Porterfield, a notary Public within and for Delaware
County Ohio, who being known deposes and says: That he is the William H. Gregg,
mentioned in the said Last Will and Testament of William Gregg, deceased, late of Brown
Township Delaware County, Ohio Which said Last Will and Testament was admitted
to Probate and record in the Probate Court of Delaware County Ohio Vol. 3, page 360,
of the record of said Court that the legacies given in said will to Henry Gregg
Jane Roloson Nancy Jennett Waldron , Aby Moses, Samuel Gregg, Israel Gregg and
Hannah Gregg have all been paid in full by said William Gregg this
affiant that he received receipts from each of said legatees showing payment
of the same: and that said receipts have either been lost or mislaid: and that
in his actual knowledge no lien attached to the real estate described in said
will and devised to this affiant by reason of said legacies.
William H. Gregg
Sworn to before me and subscribed in my presence this 1st day of March A.D. 1912,
Lee Porterfield
Delaware O, March 1, 1912
I Israel Gregg legatee under the Last Will and Testament of
William Gregg deceased, probated in the Probate Court of Delaware County, Ohio, hereby
Certify that I have received said legacy in full, and that I have no interest in
said estate by reason of said legacy or otherwise or in any of the lands mentioned in said
Will, I also certify that I gave a receipt upon the payment of said legacy and that the
instrument is in ratification of said receipt. Israel Gregg
Knoxville Iowa March 7, 1912
I hereby certify that I not only received from W. H. Gregg my share under the will of the
late William Gregg, but that through my intercourse, mostly by correspondence with the
other heirs (and that was with the most of them) I am satisfied that there was no
complaint on that account and that each one received his or her share.
Knoxville Iowa March 7, 1912 - - - - Israel Gregg,
Delaware Ohio March 1, 1912
I, Helen Jewell, being the only heir at law of Aby Moses, named as a
legatee under the Last Will and Testament of William Gregg, deceased, which
said will was probated in the probate Court of Delaware County Ohio Vol 3 page 360
hereby certify that said legacy was paid in full to said Aby Moses, and that I
as her only heir at law, hereby relinquish any and all rights that I, by reason of said
legacy may have in the estate of said William Gregg, or any interest that I
might have in the lands of said William Gregg, by reason of said legacy.
Helen Jewell,
[Corresponds to labeled page 361 of Will Book 3]
Last Will and Testament of William Gregg dec'd 361
hand and seal this 19th day of May AD 1857
Wm Gregg {Seal}
Signed and acknowledged by said Wm }
Gregg as his last will and testament }
in our presence and signed by us in }
his presence - }
Solomon L. McCoy }
Wm Williams }
The State of Ohio Delaware County SS.
We Wm Williams and Solomon L. McCoy being duly sworn in open Court
this 3rd day of June A.D. 1857 depose and say that we were present
at the execution of the last will and testament of Wm Gregg dec'd
hereto annexed, that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last
will and testament, and that the said testator at the time
of executing the same was of full age, and of sound mind and
memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in
the presence of each other -
Wm Williams
Solomon L. McCoy
Sworn to and subscribed before me this 3rd day of June A.D. 1857 -
I. Ranney Probate Judge -
Affidavit
State of Ohio Delaware County S.S.
Personally appeared before me Lee Porterfield, a notary Public within and for Delaware
County Ohio, who being known deposes and says: That he is the William H. Gregg,
mentioned in the said Last Will and Testament of William Gregg, deceased, late of Brown
Township Delaware County, Ohio Which said Last Will and Testament was admitted
to Probate and record in the Probate Court of Delaware County Ohio Vol. 3, page 360,
of the record of said Court that the legacies given in said will to Henry Gregg
Jane Roloson Nancy Jennett Waldron , Aby Moses, Samuel Gregg, Israel Gregg and
Hannah Gregg have all been paid in full by said William Gregg this
affiant that he received receipts from each of said legatees showing payment
of the same: and that said receipts have either been lost or mislaid: and that
in his actual knowledge no lien attached to the real estate described in said
will and devised to this affiant by reason of said legacies.
William H. Gregg
Sworn to before me and subscribed in my presence this 1st day of March A.D. 1912,
Lee Porterfield
Delaware O, March 1, 1912
I Israel Gregg legatee under the Last Will and Testament of
William Gregg deceased, probated in the Probate Court of Delaware County, Ohio, hereby
Certify that I have received said legacy in full, and that I have no interest in
said estate by reason of said legacy or otherwise or in any of the lands mentioned in said
Will, I also certify that I gave a receipt upon the payment of said legacy and that the
instrument is in ratification of said receipt. Israel Gregg
Knoxville Iowa March 7, 1912
I hereby certify that I not only received from W. H. Gregg my share under the will of the
late William Gregg, but that through my intercourse, mostly by correspondence with the
other heirs (and that was with the most of them) I am satisfied that there was no
complaint on that account and that each one received his or her share.
Knoxville Iowa March 7, 1912 - - - - Israel Gregg,
Delaware Ohio March 1, 1912
I, Helen Jewell, being the only heir at law of Aby Moses, named as a
legatee under the Last Will and Testament of William Gregg, deceased, which
said will was probated in the probate Court of Delaware County Ohio Vol 3 page 360
hereby certify that said legacy was paid in full to said Aby Moses, and that I
as her only heir at law, hereby relinquish any and all rights that I, by reason of said
legacy may have in the estate of said William Gregg, or any interest that I
might have in the lands of said William Gregg, by reason of said legacy.
Helen Jewell,
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 413)
Description
[Page 413]
[Corresponds to labeled page 362 of Will Book 3]
362 Last Will and testament of James Fleming dec'd
Proceedings had before the Probate Court of Delaware County and
State of Ohio on the 9th day of June A.D. 1857. Present I. Ranney, Judge
An authenticated Copy of the last Will and testament of James
Fleming dec'd late of Peru township in the County of Morrow and State
of Ohio was this day produced in open Court and it appearing to the
satisfaction of the Court that said Will had been duly proven
and admitted to Probate in said County of Morrow and that said
Will has relation to lands in this County - It is therefore ordered
by the Court that said Will be admitted to record and recorded
in the record of Wills in this office -
Proceedings in the Probate Court of Morrow County in the State of Ohio before
John J. Gurly Judge of said Court at Mr. Gilead on this 10th day of Jan'
A.D. 1857 in the words and figures following to wit -
The Estate } Jan. 10th 1857
of }
James Fleming } Prob. of Will -
The last Willand testament of James Fleming
late of Peru township in Morrow County Ohio was this day produced
in open Court by Isaac Fleming, one of the Executors in said WIll
named and the said Isaac Fleming and William J. Rigdon the
subsribing witnesses to said Will appeared in open Court and on
oath testified to the due execution of said Will which testimony
was reduced to writing and by them respectively subscribed and filed
with said Will and it appearing to the Court by said testimony was
duly attested and executed, and that said Testator at the time of
executing the same was of full age and of sound mind and memory
and not under any restraint - It is ordered by the Court that said
Will and testimony be recorded - And therefore Isaac Fleming
one of the Executors in said Will named signified his refusal to
accept the trust of executing said Will -
Thereupon Lydia Fleming the other Executor in said Will named
and the residuary legatee appeared in open Court and accepted the
trust of executing said Will - It is therefore ordered by the Court
that Letters Testamentary issue to her upon her giving bonds in the
penal sum of One thousand dollars with Marcus Phillips and Isaac
Fleming as her - sureties conditioned according to law -
Thereupon the said Lydia Fleming appeared in open Court
and accepted said appointment and gave bond accordingly -
Said Will etc recorded in the words and figures following to wit -
In the Name of God Amen - I James Fleming of the Township
of Peru in the County of Morrow and State of Ohio, Being of sound
[Corresponds to labeled page 362 of Will Book 3]
362 Last Will and testament of James Fleming dec'd
Proceedings had before the Probate Court of Delaware County and
State of Ohio on the 9th day of June A.D. 1857. Present I. Ranney, Judge
An authenticated Copy of the last Will and testament of James
Fleming dec'd late of Peru township in the County of Morrow and State
of Ohio was this day produced in open Court and it appearing to the
satisfaction of the Court that said Will had been duly proven
and admitted to Probate in said County of Morrow and that said
Will has relation to lands in this County - It is therefore ordered
by the Court that said Will be admitted to record and recorded
in the record of Wills in this office -
Proceedings in the Probate Court of Morrow County in the State of Ohio before
John J. Gurly Judge of said Court at Mr. Gilead on this 10th day of Jan'
A.D. 1857 in the words and figures following to wit -
The Estate } Jan. 10th 1857
of }
James Fleming } Prob. of Will -
The last Willand testament of James Fleming
late of Peru township in Morrow County Ohio was this day produced
in open Court by Isaac Fleming, one of the Executors in said WIll
named and the said Isaac Fleming and William J. Rigdon the
subsribing witnesses to said Will appeared in open Court and on
oath testified to the due execution of said Will which testimony
was reduced to writing and by them respectively subscribed and filed
with said Will and it appearing to the Court by said testimony was
duly attested and executed, and that said Testator at the time of
executing the same was of full age and of sound mind and memory
and not under any restraint - It is ordered by the Court that said
Will and testimony be recorded - And therefore Isaac Fleming
one of the Executors in said Will named signified his refusal to
accept the trust of executing said Will -
Thereupon Lydia Fleming the other Executor in said Will named
and the residuary legatee appeared in open Court and accepted the
trust of executing said Will - It is therefore ordered by the Court
that Letters Testamentary issue to her upon her giving bonds in the
penal sum of One thousand dollars with Marcus Phillips and Isaac
Fleming as her - sureties conditioned according to law -
Thereupon the said Lydia Fleming appeared in open Court
and accepted said appointment and gave bond accordingly -
Said Will etc recorded in the words and figures following to wit -
In the Name of God Amen - I James Fleming of the Township
of Peru in the County of Morrow and State of Ohio, Being of sound
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 414)
Description
[Page 414]
[Corresponds to labeled page 363 of Will Book 3]
Last Will and testament of James Fleming dec'd 363
mind and memory and considering the uncertainty of this frail and
transitory life do therefore make ordain publish and declare this
to be 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 in the manner and form hereafter in this Will specified
Second I give devise and Will that my beloved wife Lydia Fleming shall
have her lawful dower in my real estate set off to her as follows
(viz) a proportionate part in the lands hereafter devised to Nelson
Heverlo Fleming and a proportionate part in the lands hereafter
devised to Cynthias R. McDonald and Matthew A. McDonald her husband
and a proportionate part in the lands hereafter devised Esther Cath-
arine Rudolph and Israel Rudolph her husband -
Third I give devise and bequeath to Nelson Heverlo Flemiing an adopted
child who now resides with us, being the son of a Miss Heverlo the
following described premises situated in the third Section in the
Sixth Township in the Seventeenth Range United States Military
District in Peru township in the County of Morrow in the State
of Ohio (viz) all that tract of land on which we now reside,
Bounded on the South by the State road leading from Mt.
Vernon to the town of Delaware and by lands formerly owned by
Nathan Clark, on the west by lands owned by Aaron Julian, on
the north by lands owned by Benj Purinton and lands lately
owned by Joseph Riley and on the east by lands owned by
Nicholas McLaughlin, containing Eighty six acres - Also all that
parcel of land containing thirteen acres conveyed to me from
Orson Lee by Deed checked May 2nd A.D. 1856. Bounded on the north
by the aforesaid described tract of land on the east by lands
owned by the heirs of Nathan Clark, on the south by the said
Township and County line and being the east part of the west
half of Lot Sixteen in said Section Third - Also Fifteen Acres
of land more or less of the North part of Lot No. 12 (twelve) in
the W. H. Todd tract in Section two Township five in Range Seven-
teen in the County of Delaware in said State of Ohio U. S. M. and
bounded on the North by the line of said County of Morrow and
then by Ninety One Acres of said Lot No 12 it being a part of the
land purchased by one of P. D. Hyland and of R. Hubbell. Also a strip
of land three perches wide of the North part of Lot No 12 in said
Todd tract along said Delaware and Morrow County line extending
from the Northwest corner of said Lot No 12 to three rods past
the Southeast corner of the aforesaid land conveyed by said Orson
Lee. To have and to hold the above described premises to him
the said Nelson Heverlo Fleming and heirs as an estate in fee
simple forever - Upon the express condition that the said Nelson
Heverlo Fleming shall well and truly pay One hundred dollars
with the interest due thereon to the said P. D. Hylerin and
[Corresponds to labeled page 363 of Will Book 3]
Last Will and testament of James Fleming dec'd 363
mind and memory and considering the uncertainty of this frail and
transitory life do therefore make ordain publish and declare this
to be 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 in the manner and form hereafter in this Will specified
Second I give devise and Will that my beloved wife Lydia Fleming shall
have her lawful dower in my real estate set off to her as follows
(viz) a proportionate part in the lands hereafter devised to Nelson
Heverlo Fleming and a proportionate part in the lands hereafter
devised to Cynthias R. McDonald and Matthew A. McDonald her husband
and a proportionate part in the lands hereafter devised Esther Cath-
arine Rudolph and Israel Rudolph her husband -
Third I give devise and bequeath to Nelson Heverlo Flemiing an adopted
child who now resides with us, being the son of a Miss Heverlo the
following described premises situated in the third Section in the
Sixth Township in the Seventeenth Range United States Military
District in Peru township in the County of Morrow in the State
of Ohio (viz) all that tract of land on which we now reside,
Bounded on the South by the State road leading from Mt.
Vernon to the town of Delaware and by lands formerly owned by
Nathan Clark, on the west by lands owned by Aaron Julian, on
the north by lands owned by Benj Purinton and lands lately
owned by Joseph Riley and on the east by lands owned by
Nicholas McLaughlin, containing Eighty six acres - Also all that
parcel of land containing thirteen acres conveyed to me from
Orson Lee by Deed checked May 2nd A.D. 1856. Bounded on the north
by the aforesaid described tract of land on the east by lands
owned by the heirs of Nathan Clark, on the south by the said
Township and County line and being the east part of the west
half of Lot Sixteen in said Section Third - Also Fifteen Acres
of land more or less of the North part of Lot No. 12 (twelve) in
the W. H. Todd tract in Section two Township five in Range Seven-
teen in the County of Delaware in said State of Ohio U. S. M. and
bounded on the North by the line of said County of Morrow and
then by Ninety One Acres of said Lot No 12 it being a part of the
land purchased by one of P. D. Hyland and of R. Hubbell. Also a strip
of land three perches wide of the North part of Lot No 12 in said
Todd tract along said Delaware and Morrow County line extending
from the Northwest corner of said Lot No 12 to three rods past
the Southeast corner of the aforesaid land conveyed by said Orson
Lee. To have and to hold the above described premises to him
the said Nelson Heverlo Fleming and heirs as an estate in fee
simple forever - Upon the express condition that the said Nelson
Heverlo Fleming shall well and truly pay One hundred dollars
with the interest due thereon to the said P. D. Hylerin and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 415)
Description
[Page 415]
[Corresponds to labeled page 364 of Will Book 3]
364 Last Will and Testament of James Fleming dec'd
J. R. Hubbell in the annual payments as they respectively become
due and will and truly pay to James Fleming and Lydia
Hatten formerly Lydia Fleming the second son and daughter
of Isaac Fleming my brother the one third part of One
hundred dollars to each one of them the said James and Lydia
at the death at the death of my said wife Lydia Fleming -
Fourth I give devise and bequeath to Esther Catharine Rodolph formerly
Esther C. Green and to her husband Israel Rodolph of Union
County Ohio Ninety one acres of land of the south part of the
aforesaid Lot No 12 in the said W. H. Todd tract in Section two
in Township five and Range Seventeen U.S.M. in Kingston town-
ship in said County of Delaware Ohio, it being part of the land I
purchased of the said Hylinn and Hubbell - bounded on the south
by Lot No 11 and on the west by Lot No 13 owned by said P. D. Hyland
Hylinn and on the north by the aforesaid fifteen acres given to
the aforesaid Nelson Heverlo Fleming to have and to hold the
said ninety one acres of land to her, the said Esther Catherine
Rodolph and to her husband Israel Rodolph and to their heirs
as an estate in fee simple forever, upon the express condition that
they the said E. C. Rodolph and her husband Israel Rodolph
shall well and truly pay to the said P. D. Hyland and J. R.
Hubbell two hundred dollars with the interest due thereon in the
annual payment so they respectively become decd, it being a part
of the purchase money yet to be paid for said Lot No 12, And
also well and truly pay to the aforesaid James Fleming and
Lydia Hatton formerly Lydia Fleming son and daughter of
said Isaac Fleming the one third part of One hundred dollars
to each of them the said James and Lydia the same sum of $33%
to be paid to said James and Lydia at the death of said wife
Lydia Fleming
Fifth I give devise and bequeath to Cynthia R. McDonald formerly Cynthia
R. Lilly a daughter of my said wife and to her husband Mat-
thew A. McDonald of the County of Morrow Ohio all of the fol-
lowing described premises (viz) Fifty Acres more or less of land
situated in the fourth section in the Sixth township in the seven-
teenth Range in the United States Military district in said County
of Morrow in said State of Ohio and in said township of Peru -
Bounded on the South by the north line of said Kingston township
in Delaware County on the west by lands owned by James Cantwell
on the north by the State road leading from Mt. Vernon to the
town of Delaware, and on the east by lands owned by Marcus Phillips
Also all that parcel of land situated in said Kingston township
in the said County of Delaware Ohio and in the first section
in the fifth township in the Seventeenth Range U.S.M. District
in said State of Ohio being the west part of Lot No (5-) in
said first Section estimated to contain forty one acres and
[Corresponds to labeled page 364 of Will Book 3]
364 Last Will and Testament of James Fleming dec'd
J. R. Hubbell in the annual payments as they respectively become
due and will and truly pay to James Fleming and Lydia
Hatten formerly Lydia Fleming the second son and daughter
of Isaac Fleming my brother the one third part of One
hundred dollars to each one of them the said James and Lydia
at the death at the death of my said wife Lydia Fleming -
Fourth I give devise and bequeath to Esther Catharine Rodolph formerly
Esther C. Green and to her husband Israel Rodolph of Union
County Ohio Ninety one acres of land of the south part of the
aforesaid Lot No 12 in the said W. H. Todd tract in Section two
in Township five and Range Seventeen U.S.M. in Kingston town-
ship in said County of Delaware Ohio, it being part of the land I
purchased of the said Hylinn and Hubbell - bounded on the south
by Lot No 11 and on the west by Lot No 13 owned by said P. D. Hyland
Hylinn and on the north by the aforesaid fifteen acres given to
the aforesaid Nelson Heverlo Fleming to have and to hold the
said ninety one acres of land to her, the said Esther Catherine
Rodolph and to her husband Israel Rodolph and to their heirs
as an estate in fee simple forever, upon the express condition that
they the said E. C. Rodolph and her husband Israel Rodolph
shall well and truly pay to the said P. D. Hyland and J. R.
Hubbell two hundred dollars with the interest due thereon in the
annual payment so they respectively become decd, it being a part
of the purchase money yet to be paid for said Lot No 12, And
also well and truly pay to the aforesaid James Fleming and
Lydia Hatton formerly Lydia Fleming son and daughter of
said Isaac Fleming the one third part of One hundred dollars
to each of them the said James and Lydia the same sum of $33%
to be paid to said James and Lydia at the death of said wife
Lydia Fleming
Fifth I give devise and bequeath to Cynthia R. McDonald formerly Cynthia
R. Lilly a daughter of my said wife and to her husband Mat-
thew A. McDonald of the County of Morrow Ohio all of the fol-
lowing described premises (viz) Fifty Acres more or less of land
situated in the fourth section in the Sixth township in the seven-
teenth Range in the United States Military district in said County
of Morrow in said State of Ohio and in said township of Peru -
Bounded on the South by the north line of said Kingston township
in Delaware County on the west by lands owned by James Cantwell
on the north by the State road leading from Mt. Vernon to the
town of Delaware, and on the east by lands owned by Marcus Phillips
Also all that parcel of land situated in said Kingston township
in the said County of Delaware Ohio and in the first section
in the fifth township in the Seventeenth Range U.S.M. District
in said State of Ohio being the west part of Lot No (5-) in
said first Section estimated to contain forty one acres and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 416)
Description
[Page 416]
[Corresponds to labeled page 365 of Will Book 3]
Last Will and Testament of James Fleming dec'd 365
forty three one hundredths to have and to hold the two aforesaid
parcels of land to her the said Cynthia R. McDonald and to
her husband Matthew A. McDonald and their heirs as an estate
in fee simple for ever upon the express condition that they the
said Cynthia and Matthew A. McDonald shall well and truly pay
to the aforesaid P. D. Hylinn and J. R. Hubbell the sum of Three hun-
dred dollars with the interest due thereon in three annual pay-
ments as they respectively become due, it being a part of the
purchase money yet not paid on the hereinbefore mentioned Lot
No 12 - And also will well and truly pay to the within named
James Fleming and Lydia Hatton son and daughter of the within
named Isaac Fleming the one third part of One hundred dol-
lars to each one of them being $33 1/3 each to be paid to them the
said James Fleming and Lydia Hatton at the death of my said
wife Lydia Fleming -
Sixth I give and devise to the aforesaid James Fleming and Lydia
Hatton son and daughter of my aforesaid brother Isaac Fleming
the sum of one hundred dollars to each one of them to be paid
to them at the death of my said wife in the manner herein
this will before stated -
And furthermore I give and devise to my beloved wife in lieu
of her dower and to the said Nelson Heverlo Fleming, all of my
personal estate whereof I may seized or found to their own
proper use - Upon the condition that they the said Lydia my
wife and the said Nelson Heverlo Fleming shall pay all my
just debts and funeral expenses which has not been in this
Will provided for -
In Witness hwereof I have hereunto subscribed my
name and affixed my seal the eighteenth day of December
in the year of our Lord one thousand eight hundred and fifty
six hereby revoking all former wills by me made and Lastly
I hereby constitute and appoint my beloved wife Lydia Fleming
and my brother Isaac Fleming to be the Executors of this my last
Will and testament - } In witness I have hereunto subscribed
Signed published and } my name and affixed my seal the
declared by the within} day and year above written -
named James Fleming as & } James Fleming {Seal}
his last will and testament
in presence of us who at his request
have signed as witnesses to the same
Isaac Fleming
William J. Rigdon -
[Corresponds to labeled page 365 of Will Book 3]
Last Will and Testament of James Fleming dec'd 365
forty three one hundredths to have and to hold the two aforesaid
parcels of land to her the said Cynthia R. McDonald and to
her husband Matthew A. McDonald and their heirs as an estate
in fee simple for ever upon the express condition that they the
said Cynthia and Matthew A. McDonald shall well and truly pay
to the aforesaid P. D. Hylinn and J. R. Hubbell the sum of Three hun-
dred dollars with the interest due thereon in three annual pay-
ments as they respectively become due, it being a part of the
purchase money yet not paid on the hereinbefore mentioned Lot
No 12 - And also will well and truly pay to the within named
James Fleming and Lydia Hatton son and daughter of the within
named Isaac Fleming the one third part of One hundred dol-
lars to each one of them being $33 1/3 each to be paid to them the
said James Fleming and Lydia Hatton at the death of my said
wife Lydia Fleming -
Sixth I give and devise to the aforesaid James Fleming and Lydia
Hatton son and daughter of my aforesaid brother Isaac Fleming
the sum of one hundred dollars to each one of them to be paid
to them at the death of my said wife in the manner herein
this will before stated -
And furthermore I give and devise to my beloved wife in lieu
of her dower and to the said Nelson Heverlo Fleming, all of my
personal estate whereof I may seized or found to their own
proper use - Upon the condition that they the said Lydia my
wife and the said Nelson Heverlo Fleming shall pay all my
just debts and funeral expenses which has not been in this
Will provided for -
In Witness hwereof I have hereunto subscribed my
name and affixed my seal the eighteenth day of December
in the year of our Lord one thousand eight hundred and fifty
six hereby revoking all former wills by me made and Lastly
I hereby constitute and appoint my beloved wife Lydia Fleming
and my brother Isaac Fleming to be the Executors of this my last
Will and testament - } In witness I have hereunto subscribed
Signed published and } my name and affixed my seal the
declared by the within} day and year above written -
named James Fleming as & } James Fleming {Seal}
his last will and testament
in presence of us who at his request
have signed as witnesses to the same
Isaac Fleming
William J. Rigdon -
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 417)
Description
[Page 417]
[Corresponds to labeled page 366 of Will Book 3]
366 Last Will and Testament of James Fleming dec'd
The State of Ohio Morrow County SS -
Personaly appeared in open Court Isaac Fleming and Wm
J. Rigdon subscribing witnesses to the Last Will and testament
of James Fleming late of said County dec'd who being duly
swron accordiing to law depose and say that the foregoing is the
last Will and Testament of said James Fleming dec'd that
they subscribed their names thereto as the attesting witnesses
at the request of said Testator and in his presence and in the
presence of each other, and that he signed the same in our
presence and acknowledged the same to be his last Will and
Testament, that said Testator at the time of executing the same
was of full age and of sound mind and memory and not under
any restraint
Isaac Fleming
William J. Higdon
Sworn to before me and subscribed in my presence this 13th day of Jan A.D. 1857
J. J. Gurley - Judge
The State of Ohio Morrow County SS -
I hereby certify that the foregoing is truly taken and copied from
the Record of Wills within and for said Morrow County -
In Witness whereof I have hereunto set my hand
and affixed the Seal of said Court at Mt.
Gilead this 30th January A.D. 1857
J. J. Gurley - Judge
[Corresponds to labeled page 366 of Will Book 3]
366 Last Will and Testament of James Fleming dec'd
The State of Ohio Morrow County SS -
Personaly appeared in open Court Isaac Fleming and Wm
J. Rigdon subscribing witnesses to the Last Will and testament
of James Fleming late of said County dec'd who being duly
swron accordiing to law depose and say that the foregoing is the
last Will and Testament of said James Fleming dec'd that
they subscribed their names thereto as the attesting witnesses
at the request of said Testator and in his presence and in the
presence of each other, and that he signed the same in our
presence and acknowledged the same to be his last Will and
Testament, that said Testator at the time of executing the same
was of full age and of sound mind and memory and not under
any restraint
Isaac Fleming
William J. Higdon
Sworn to before me and subscribed in my presence this 13th day of Jan A.D. 1857
J. J. Gurley - Judge
The State of Ohio Morrow County SS -
I hereby certify that the foregoing is truly taken and copied from
the Record of Wills within and for said Morrow County -
In Witness whereof I have hereunto set my hand
and affixed the Seal of said Court at Mt.
Gilead this 30th January A.D. 1857
J. J. Gurley - Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 418)
Description
[Page 418]
[Corresponds to labeled page 367 of Will Book 3]
Last Will and Testament of William Stone 367
Proceedings had before Hon. I. Ranney Probate Judge within and for the County
of Delaware and State of Ohio at his Office in the town of Delaware on the
18th day of August A.D. 1857
The last Will and Testament of William Stone
dec'd late of the County of Delaware and State of Ohio was this day pro-
duced in open Court and duly proven by the testimony of John Latham
and David Freshwater the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and ordered to
be recorded as follows -
Copy of Will
In the name of the Benevalent Father of all
I William Stone of Delaware County 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 use of the farm
on which we now reside situate in Concord Township Delaware
County Ohio containing abuot 100 acres during her natural life and
all the stock household goods and furniture provissions and other
goods and chattles which may be thereon at the time of my decease
during her natural life as aforeaid, she however selling as much
thereof as may be sufficient to pay my just debts and shall pay
therefrom the sum of Ten Dollars to Joseph Stone which sum I do
bequeath to him, likewise my said Wife shall after paying my debts
as aforesaid and said leggacy to Joseph Stone pay over to or divide
the residue of the personal property as follows - Retain one third for
her own use during her life, and the other two thirds to be divided
among my children hereinafter named in equal proportion to wit
Louisa Stuard, Catharine Stuard, Amanda Pain and Rebecca
Stone - At the death of my said wife the real estate aforeaid 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
said daughters Louisa Stuard Catharine Stuard Amanda Pain
and Rebecca Stone - If my said wife should not survive me then
I devise and bequeath the property aforesaid to my four Daughters
above named and their heirs forever -
I do hereby nominate and appoint my beloved wife sole executrix
of this my last will and testament hereby authorizing and empow-
ering her to compromise adjust release and discharge in such man-
ner as she may deem proper the debts and claims due to me
I do also authorize my beloved wife to retain for her own support
for the term of one year so much of the provissions prepared at the
time of my decease as she may need for that purpose.
I do hereby revoke all former wills by me made - In testimony where-
of I have hereunto set my hand and seal this 8th day of April in the year
of our Lord 1852 William B. Stone {Seal}
[Corresponds to labeled page 367 of Will Book 3]
Last Will and Testament of William Stone 367
Proceedings had before Hon. I. Ranney Probate Judge within and for the County
of Delaware and State of Ohio at his Office in the town of Delaware on the
18th day of August A.D. 1857
The last Will and Testament of William Stone
dec'd late of the County of Delaware and State of Ohio was this day pro-
duced in open Court and duly proven by the testimony of John Latham
and David Freshwater the subscribing witnesses thereto (as reduced to
writing and filed with said Will) admitted to Probate and ordered to
be recorded as follows -
Copy of Will
In the name of the Benevalent Father of all
I William Stone of Delaware County 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 use of the farm
on which we now reside situate in Concord Township Delaware
County Ohio containing abuot 100 acres during her natural life and
all the stock household goods and furniture provissions and other
goods and chattles which may be thereon at the time of my decease
during her natural life as aforeaid, she however selling as much
thereof as may be sufficient to pay my just debts and shall pay
therefrom the sum of Ten Dollars to Joseph Stone which sum I do
bequeath to him, likewise my said Wife shall after paying my debts
as aforesaid and said leggacy to Joseph Stone pay over to or divide
the residue of the personal property as follows - Retain one third for
her own use during her life, and the other two thirds to be divided
among my children hereinafter named in equal proportion to wit
Louisa Stuard, Catharine Stuard, Amanda Pain and Rebecca
Stone - At the death of my said wife the real estate aforeaid 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
said daughters Louisa Stuard Catharine Stuard Amanda Pain
and Rebecca Stone - If my said wife should not survive me then
I devise and bequeath the property aforesaid to my four Daughters
above named and their heirs forever -
I do hereby nominate and appoint my beloved wife sole executrix
of this my last will and testament hereby authorizing and empow-
ering her to compromise adjust release and discharge in such man-
ner as she may deem proper the debts and claims due to me
I do also authorize my beloved wife to retain for her own support
for the term of one year so much of the provissions prepared at the
time of my decease as she may need for that purpose.
I do hereby revoke all former wills by me made - In testimony where-
of I have hereunto set my hand and seal this 8th day of April in the year
of our Lord 1852 William B. Stone {Seal}
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 419)
Description
[Page 419]
[Corresponds to labeled page 368 of Will Book 3]
368 Last Will and testament of William Stone dec'd
Signed and acknowledged by said William Stone as his last
Will and tetament in our presence and signed by us in his presence
Witness
John Latham
Witness David Freshwater
The State of Ohio Delaware County SS
We John Latham and David Freshwater being duly sworn in open
Court this 18th day of August A.D. 1857 depose and say that we were
present at the execution of the last will and testament of William
B. Stone hereto annexed that we saw the said testator subscribe said
will and heard him publish and declare the same to be his
last will and testament and that the said testator at the time
of executing the same was of full age and of sound mind and
memory and not under any restraint and that we signed the same
as witnesses at his request and in his presence and in the presence
of each other -
John Latham
David Freshwater
Sworn to and subscribed before me this 18th day of August A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 368 of Will Book 3]
368 Last Will and testament of William Stone dec'd
Signed and acknowledged by said William Stone as his last
Will and tetament in our presence and signed by us in his presence
Witness
John Latham
Witness David Freshwater
The State of Ohio Delaware County SS
We John Latham and David Freshwater being duly sworn in open
Court this 18th day of August A.D. 1857 depose and say that we were
present at the execution of the last will and testament of William
B. Stone hereto annexed that we saw the said testator subscribe said
will and heard him publish and declare the same to be his
last will and testament and that the said testator at the time
of executing the same was of full age and of sound mind and
memory and not under any restraint and that we signed the same
as witnesses at his request and in his presence and in the presence
of each other -
John Latham
David Freshwater
Sworn to and subscribed before me this 18th day of August A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 420)
Description
[Page 420]
[Corresponds to labeled page 369 of Will Book 3]
Last Will and Testament of Samuel S. Weaver dec'd 369
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the town of Delaware
on the 22nd day of August A.D. 1857
The last Will and testament of Samuel
S. Weaver late of the County of Delaware and State of Ohio was this
day produced in open Court and duly proven by the testimony of
Oliver Stark and C. C. Bricker the subscribing witnesses thereto (as
reduced to writing and filed with said Will) admitted to Probate
and ordered to be recorded as follows -
Copy of Will
I Samuel S. Weaver of the County of Delaware and State of Ohio do
make and publish this my Last Will and Testament revoking and
annuling all former Wills by me made -
1 It is my Will that all my just debts be fully paid
2 I give unto my son Charles H. Weaver four hundred dollars in
consideration of his taking and raising my son Noyes Weaver until
he becomes of the age of twenty one years -
3 The ballance of my property is to be equally divided between all
of my children
Lastly I apoint Hiram C. Fuller to be Executor of this
my last Will and testament
In presance of C. C. Bricker Oliver Stark who at his request
have sind the same as witnesses -
Sind this 29th day of April A.D. 1857
Witness Samuel S. Weaver
Oliver Stark
C. C. Bricker -
The State of Ohio Delaware County SS.
We, Oliver Stark and C. C. Bricker being duly sworn in open Court this
22nd day of August A.D. 1857 depose and say that we were present at the exe-
cution of the last Will and testament of Samuel S. Weaver hereto annexed
that we saw the said testator subscribe said Will and heard him pub-
lish and declare the same to be his last will and testament, and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory, and not under any restraint,
and that we signed the same as witnesses at his request and in
his presence, and in the presence of each other -
Oliver Stark
C. C. Bricker
Sworn to and subscribed before me this 22nd day of August A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 369 of Will Book 3]
Last Will and Testament of Samuel S. Weaver dec'd 369
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the town of Delaware
on the 22nd day of August A.D. 1857
The last Will and testament of Samuel
S. Weaver late of the County of Delaware and State of Ohio was this
day produced in open Court and duly proven by the testimony of
Oliver Stark and C. C. Bricker the subscribing witnesses thereto (as
reduced to writing and filed with said Will) admitted to Probate
and ordered to be recorded as follows -
Copy of Will
I Samuel S. Weaver of the County of Delaware and State of Ohio do
make and publish this my Last Will and Testament revoking and
annuling all former Wills by me made -
1 It is my Will that all my just debts be fully paid
2 I give unto my son Charles H. Weaver four hundred dollars in
consideration of his taking and raising my son Noyes Weaver until
he becomes of the age of twenty one years -
3 The ballance of my property is to be equally divided between all
of my children
Lastly I apoint Hiram C. Fuller to be Executor of this
my last Will and testament
In presance of C. C. Bricker Oliver Stark who at his request
have sind the same as witnesses -
Sind this 29th day of April A.D. 1857
Witness Samuel S. Weaver
Oliver Stark
C. C. Bricker -
The State of Ohio Delaware County SS.
We, Oliver Stark and C. C. Bricker being duly sworn in open Court this
22nd day of August A.D. 1857 depose and say that we were present at the exe-
cution of the last Will and testament of Samuel S. Weaver hereto annexed
that we saw the said testator subscribe said Will and heard him pub-
lish and declare the same to be his last will and testament, and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory, and not under any restraint,
and that we signed the same as witnesses at his request and in
his presence, and in the presence of each other -
Oliver Stark
C. C. Bricker
Sworn to and subscribed before me this 22nd day of August A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 421)
Description
[Page 421]
[Corresponds to labeled page 370 of Will Book 3]
370 Last Will and Testament of John Jones (Brynt)
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the town of Delaware
on the 2nd day of September A.D. 1857
the last Will and testament of John Jones
(Brynt) late of Radnor Township in the County of Delaware and State of
Ohio was this day produced in open Court and duly proven by the
testimony of John B. Jones and William Townley Jr the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of all
I, John Jones (Brynt) do make and publish this my last
Will and testestament
Item 1st I give and devise to my beloved wife in lieu of her dower the farm
on which we now reside situate in Delaware County and State of
Ohio and in the township of Radnor containing about one hundred
and two acres during her natural life and all the stock household
goods Furniture provisions and chattles which may be thereon at my
decease during her natural life as aforesaid exept the one hundred
and twenty five dollars of the rent from William P. Jones, if she maries again
she however selling so much thereof as may be sufficient to pay my just
debts, if my wife maries the above rent is to be divided equal between
my four Daughters. At the death of my said wife the real Estate afore-
said and such part of said personal property or the proceeds thereof as
may then remain unconsumed and expended I give and devise to
my Daughters Sarah Ann Griffiths, Amelia Ann Bagley, Margaret Jane
Jones, and Martha Maria Jones, the said Margaret Jane Jones and
Martha M. Jones is to have two hundred dollars each more of the pro-
ceeds of the above property than Sarah Ann Griffiths and Amelia A.
Bagley -
Item 2nd I give and devise to my son William P. Jones one dollar
Item 3rd I do hereby nominate and apoint my beloved wife Executrix of this
my last Will testament hereby authorizing and empowering her to
compromise adjust release and discharge in such manner as she 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
twenty first day February A.D. 1857
John Jones Brynt {Seal}
Signed and acknowledged by said John Jones
(Brynt) as his last Will and testament in our
presence -
William Townley Jr
John B. Jones
[Corresponds to labeled page 370 of Will Book 3]
370 Last Will and Testament of John Jones (Brynt)
Proceedings had before Hon. I. Ranney Probate Judge within and for the
County of Delaware State of Ohio at his Office in the town of Delaware
on the 2nd day of September A.D. 1857
the last Will and testament of John Jones
(Brynt) late of Radnor Township in the County of Delaware and State of
Ohio was this day produced in open Court and duly proven by the
testimony of John B. Jones and William Townley Jr the subscribing
witnesses thereto (as reduced to writing and filed with said Will)
admitted to Probate and ordered to be recorded as follows -
Copy of Will
In the Name of the Benevolent Father of all
I, John Jones (Brynt) do make and publish this my last
Will and testestament
Item 1st I give and devise to my beloved wife in lieu of her dower the farm
on which we now reside situate in Delaware County and State of
Ohio and in the township of Radnor containing about one hundred
and two acres during her natural life and all the stock household
goods Furniture provisions and chattles which may be thereon at my
decease during her natural life as aforesaid exept the one hundred
and twenty five dollars of the rent from William P. Jones, if she maries again
she however selling so much thereof as may be sufficient to pay my just
debts, if my wife maries the above rent is to be divided equal between
my four Daughters. At the death of my said wife the real Estate afore-
said and such part of said personal property or the proceeds thereof as
may then remain unconsumed and expended I give and devise to
my Daughters Sarah Ann Griffiths, Amelia Ann Bagley, Margaret Jane
Jones, and Martha Maria Jones, the said Margaret Jane Jones and
Martha M. Jones is to have two hundred dollars each more of the pro-
ceeds of the above property than Sarah Ann Griffiths and Amelia A.
Bagley -
Item 2nd I give and devise to my son William P. Jones one dollar
Item 3rd I do hereby nominate and apoint my beloved wife Executrix of this
my last Will testament hereby authorizing and empowering her to
compromise adjust release and discharge in such manner as she 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
twenty first day February A.D. 1857
John Jones Brynt {Seal}
Signed and acknowledged by said John Jones
(Brynt) as his last Will and testament in our
presence -
William Townley Jr
John B. Jones
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 422)
Description
[Page 422]
[Corresponds to labeled page 371 of Will Book 3]
Last Will and Testament of John Jones (Brynt) 371
The State of Ohio Delaware County SS.
We John B. Jones and William Townley Jr being duly sworn in open
Court this 2nd day of September A.D. 1857 depose and say that we
were present at the execution of the last will and testament of
John Jones (Brynt) hereto annexed that we saw the said testator
subscribe said will and heard him publish and declare the
same to be his last will and testament, and that the said
testator at the time of executing the same was of full age, and of
sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence
and in the presence of each other -
John B. Jones
Wm Townley Jr
Sworn to and subscribed before me this 2nd day of September A.D. 1857
I. Ranney Probate Judge
_____________________________________________________________________
_____________________________________________________________________
Last Will and Testament of Lucy Depp Dec'd
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware State of Ohio
at his office in the Town of Delaware on the 22nd day of
September A.D. 1857
The last will and testament of Lucy Depp late of
Concord Township in the County of Delaware and State of
Ohio was this day produced in open Court and duly
proven by the testimony of Mary Matilda Depp and
John T. Depp the subscribing witnesses thereto (as
reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows.
Copy of Will
Know all men by these presents that I Lucy Depp
of the County of Delaware and State of Ohio Concord
Township considering the uncertainty of life and
being of sound mind and memory do make and
declare and publish this my last will and testament
Firstly after all my lawful and just debts being
paid I give and bequeath unto my sons Salsbury
Abram Stephen and my daughter Esther all income
from my bonds and mortgages on notes and otherwise
to be equally divided between them their heirs assigns forever.
[Corresponds to labeled page 371 of Will Book 3]
Last Will and Testament of John Jones (Brynt) 371
The State of Ohio Delaware County SS.
We John B. Jones and William Townley Jr being duly sworn in open
Court this 2nd day of September A.D. 1857 depose and say that we
were present at the execution of the last will and testament of
John Jones (Brynt) hereto annexed that we saw the said testator
subscribe said will and heard him publish and declare the
same to be his last will and testament, and that the said
testator at the time of executing the same was of full age, and of
sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence
and in the presence of each other -
John B. Jones
Wm Townley Jr
Sworn to and subscribed before me this 2nd day of September A.D. 1857
I. Ranney Probate Judge
_____________________________________________________________________
_____________________________________________________________________
Last Will and Testament of Lucy Depp Dec'd
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware State of Ohio
at his office in the Town of Delaware on the 22nd day of
September A.D. 1857
The last will and testament of Lucy Depp late of
Concord Township in the County of Delaware and State of
Ohio was this day produced in open Court and duly
proven by the testimony of Mary Matilda Depp and
John T. Depp the subscribing witnesses thereto (as
reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows.
Copy of Will
Know all men by these presents that I Lucy Depp
of the County of Delaware and State of Ohio Concord
Township considering the uncertainty of life and
being of sound mind and memory do make and
declare and publish this my last will and testament
Firstly after all my lawful and just debts being
paid I give and bequeath unto my sons Salsbury
Abram Stephen and my daughter Esther all income
from my bonds and mortgages on notes and otherwise
to be equally divided between them their heirs assigns forever.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 423)
Description
[Page 423]
[Corresponds to labeled page 372 of Will Book 3]
372 Last Will and Testament of Lucy Depp Deceased - continued
Secondly I do nominate and appoint my son Abram
to be executor of this last will and testament.
In testimony whereof I have to this my last will
and testament contained on one sheet of paper subscribed
my name and seal and publish and devise this to be
my last will in presence of the witnesses below this twentieth
(20th) day of May in the year of our Lord one thousand eight
hundred and fifty six
her
Lucy X Depp
mark
Signed sealed declared and published by the said
Lucy Depp as and for her last will and testament in
presence of us who at her request and in her presence
and in presence of each other have subscribed our names
as witnesses hereto
Mary Matilda Depp of Delaware Co. Ohio
John T. Depp of Delaware Co. Ohio
The State of Ohio Delaware County Ss
We Mary Matilda Depp and John T. Depp being duly
sworn in open Court this 22nd day of Sept A.D. 1857 depose
and say that we were present at the execution of the last
will and testament of Lucy Depp hereto annexed that we
saw the said testatrix subscribe said will and heard her
publish and declare the same to be her last will and testa-
ment and that the said testatrix at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint and that we signed the
same as witnesses at her request and in her presence and
in the presence of each other
Mary M. Depp
John T. Depp
Sworn to and subscribed before me this 20th day of Sept.
A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 372 of Will Book 3]
372 Last Will and Testament of Lucy Depp Deceased - continued
Secondly I do nominate and appoint my son Abram
to be executor of this last will and testament.
In testimony whereof I have to this my last will
and testament contained on one sheet of paper subscribed
my name and seal and publish and devise this to be
my last will in presence of the witnesses below this twentieth
(20th) day of May in the year of our Lord one thousand eight
hundred and fifty six
her
Lucy X Depp
mark
Signed sealed declared and published by the said
Lucy Depp as and for her last will and testament in
presence of us who at her request and in her presence
and in presence of each other have subscribed our names
as witnesses hereto
Mary Matilda Depp of Delaware Co. Ohio
John T. Depp of Delaware Co. Ohio
The State of Ohio Delaware County Ss
We Mary Matilda Depp and John T. Depp being duly
sworn in open Court this 22nd day of Sept A.D. 1857 depose
and say that we were present at the execution of the last
will and testament of Lucy Depp hereto annexed that we
saw the said testatrix subscribe said will and heard her
publish and declare the same to be her last will and testa-
ment and that the said testatrix at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint and that we signed the
same as witnesses at her request and in her presence and
in the presence of each other
Mary M. Depp
John T. Depp
Sworn to and subscribed before me this 20th day of Sept.
A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 424)
Description
[Page 424]
[Corresponds to labeled page 373 of Will Book 3]
Last Will and Testament of Alexander Smith deceased 373
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his Office in
the town of Delaware on the 7th day of October A.D. 1857
The last will and testament and Codicil of Alexander Smith late
of Genoa Township Delaware County Ohio was this day
produced in open Court and duly proven by the tes-
timony of the four subscribing witnesses viz Martha
Smith and Catharine Smith witnesses to said will
and John Gordon and Rachel Lane witnesses to
said Codicil as reduced to writing and filed with said
will admitted to Probate and ordered to be record-
ed as follows
Copy of Will
Be it known to all whom it may concern that
I Alexander Smith of Genoa Township Delaware
County Ohio do by these presents direct my executors
to dispose and distribute to the parties named as
hereafter directed all that may remain of my real
or personal property after my decease to wit:
1st To pay all my debts Doctors bills and funeral
expenses and
2nd Pay to my faithful and affectionate wife Nancy
six hundred and fifty dollars of the first available
funds fifty dollars of which she may if she wishes
she may take of personal property at aprised value
such as she may select for one years support together
with all she braught here of furniture clothing beding
or money all to be at her personal controle but all
of which is on the condition the said Nancy relinquish
all further claim to any further dower in my real or
personall property and
3rd I give my son Ralph my timber lot of land of 28
acres lying North of Wm Smiths istimated to be worth
five hundred dollars reserving timber and firewood to
supply the home farm till a salle of the homested can
be afected and if a sale cannot be made for a long time
without sacrafice there Ralph may have compensation
for his timber from the avails of said farm and
4th After securing suficient funds to pay John Gordon
for his time then the next available funds I give to my
son A. J. Smith the sum of five hundred dollars and if
the personal property and money on hand fails to satisfy
the foregoing aproprations then it may be made up from
[Corresponds to labeled page 373 of Will Book 3]
Last Will and Testament of Alexander Smith deceased 373
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his Office in
the town of Delaware on the 7th day of October A.D. 1857
The last will and testament and Codicil of Alexander Smith late
of Genoa Township Delaware County Ohio was this day
produced in open Court and duly proven by the tes-
timony of the four subscribing witnesses viz Martha
Smith and Catharine Smith witnesses to said will
and John Gordon and Rachel Lane witnesses to
said Codicil as reduced to writing and filed with said
will admitted to Probate and ordered to be record-
ed as follows
Copy of Will
Be it known to all whom it may concern that
I Alexander Smith of Genoa Township Delaware
County Ohio do by these presents direct my executors
to dispose and distribute to the parties named as
hereafter directed all that may remain of my real
or personal property after my decease to wit:
1st To pay all my debts Doctors bills and funeral
expenses and
2nd Pay to my faithful and affectionate wife Nancy
six hundred and fifty dollars of the first available
funds fifty dollars of which she may if she wishes
she may take of personal property at aprised value
such as she may select for one years support together
with all she braught here of furniture clothing beding
or money all to be at her personal controle but all
of which is on the condition the said Nancy relinquish
all further claim to any further dower in my real or
personall property and
3rd I give my son Ralph my timber lot of land of 28
acres lying North of Wm Smiths istimated to be worth
five hundred dollars reserving timber and firewood to
supply the home farm till a salle of the homested can
be afected and if a sale cannot be made for a long time
without sacrafice there Ralph may have compensation
for his timber from the avails of said farm and
4th After securing suficient funds to pay John Gordon
for his time then the next available funds I give to my
son A. J. Smith the sum of five hundred dollars and if
the personal property and money on hand fails to satisfy
the foregoing aproprations then it may be made up from
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 425)
Description
[Page 425]
[Corresponds to labeled page 374 of Will Book 3]
374 Last Will and Testament of Alexander Smith dec'd Continued
the avails of the farm rents etc and
5th When a sale of the homested can be affected then devide
the avails into form equal parts after paying to my daugh-
ter Orileas living children twenty five dollars each to Letita
Carpenter A. J. Smith Ralph Smith & George Smith each
one equal My stock in the personage of sixty five dollars
I leave to those of children that may live in the bounds
of the church to controle or dispose of as they may think
proper (best)
In order to carry out this my last will and testament
as far as the means will justify I hereby apoint A. J.
Smith & Ralph Smith joint executors of the same
In testamony whereof I have hereunto set my name
this 23rd day of January in the year A.D. 1836 in presents of
undersigned witnesses
Martha Smith Alexander Smith
Catharine Smith
I Alexander Smith of the County of Delaware and
State of Ohio being of lawful age and sound mind do
hereby volunterily add to this my will and testament the
following codicil viz that in addition to the above bequests
made to my wife Nancy Smith I do bequeath to my said
wife Nancy the flour of ten bushels of wheat two hundred
pounds of pork forty pounds of sugar and ten bushels of corn
Witness my hand and seal this 3rd day of December A.D. 1856
In presence of }
John Godown } Witnesses Alexander Smith {Seal}
Rachel Line }
The State of Ohio Delaware County SS.
We Martha Smith and Catharine Smith being duly
sworn in open Court this 7th day of October A.D. 1857 depose
and say that we were present at the execution of the last
will and testament of Alex' Smith decd hereto annexed
that we heard sd testator acknowledge publish and declare
the same to be his last will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other
Martha Smith
Catharine Smith
Sworn to and Subscribed before me this 7th day of October A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 374 of Will Book 3]
374 Last Will and Testament of Alexander Smith dec'd Continued
the avails of the farm rents etc and
5th When a sale of the homested can be affected then devide
the avails into form equal parts after paying to my daugh-
ter Orileas living children twenty five dollars each to Letita
Carpenter A. J. Smith Ralph Smith & George Smith each
one equal My stock in the personage of sixty five dollars
I leave to those of children that may live in the bounds
of the church to controle or dispose of as they may think
proper (best)
In order to carry out this my last will and testament
as far as the means will justify I hereby apoint A. J.
Smith & Ralph Smith joint executors of the same
In testamony whereof I have hereunto set my name
this 23rd day of January in the year A.D. 1836 in presents of
undersigned witnesses
Martha Smith Alexander Smith
Catharine Smith
I Alexander Smith of the County of Delaware and
State of Ohio being of lawful age and sound mind do
hereby volunterily add to this my will and testament the
following codicil viz that in addition to the above bequests
made to my wife Nancy Smith I do bequeath to my said
wife Nancy the flour of ten bushels of wheat two hundred
pounds of pork forty pounds of sugar and ten bushels of corn
Witness my hand and seal this 3rd day of December A.D. 1856
In presence of }
John Godown } Witnesses Alexander Smith {Seal}
Rachel Line }
The State of Ohio Delaware County SS.
We Martha Smith and Catharine Smith being duly
sworn in open Court this 7th day of October A.D. 1857 depose
and say that we were present at the execution of the last
will and testament of Alex' Smith decd hereto annexed
that we heard sd testator acknowledge publish and declare
the same to be his last will and testament and that the said
testator at the time of executing the same was of full age
and of sound mind and memory and not under any
restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other
Martha Smith
Catharine Smith
Sworn to and Subscribed before me this 7th day of October A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 426)
Description
[Page 426]
[Corresponds to labeled page 375 of Will Book 3]
Last Will and Testament of Alexander Smith dec'd - continued 375
The State of Ohio Delaware County SS.
We John Godown & Rachel Lane being duly sworn
in open court this 7th day of Oct A.D. 1857 depose and
say that we were present at the execution of the Codicil
to the last will and testament of Alex' Smith dec'd
hereto annexed that we saw the said testator sub-
scribe said Codicil and heard him publish and de-
clare the same to be a codicil to his last will and
testament and that the said testator at the time of
executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other
John Godown
her
Rachel X Line
mark
Sworn to and subscribed before me this 7th day of Oct
A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 375 of Will Book 3]
Last Will and Testament of Alexander Smith dec'd - continued 375
The State of Ohio Delaware County SS.
We John Godown & Rachel Lane being duly sworn
in open court this 7th day of Oct A.D. 1857 depose and
say that we were present at the execution of the Codicil
to the last will and testament of Alex' Smith dec'd
hereto annexed that we saw the said testator sub-
scribe said Codicil and heard him publish and de-
clare the same to be a codicil to his last will and
testament and that the said testator at the time of
executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other
John Godown
her
Rachel X Line
mark
Sworn to and subscribed before me this 7th day of Oct
A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 427)
Description
[Page 427]
[Corresponds to labeled page 376 of Will Book 3]
376 Last Will and Testament of Daniel Moore Deceased
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his office
in the Town of Delaware on the 24th day of October A.D. 1857
The last will and testament of Daniel Moore late of the
Township of Radnor Delaware County Ohio was this day
produced in open court and duly proven by the testimo-
ny of the three subscribing witnesses viz Isaac Breyfogle
L. W Breyfogle and H. K. Nott witnesses to said will (as
reduced to writing and filed with said will admitted to Probate
and ordered to be recorded as follows
Copy of Will
The last will and Testament of Daniel Moore of the
town of Radnor in the County of Delaware and State of Ohio -
I Daniel Moore considering the uncertainty of this mortal
life and being of sound mind and memory do make and
publish this my last will and testament in manner and
form following. First I give and bequeath unto my beloved
wife Sarah Moore two fether beads and bedding together with
all my kitchen furniture one cow and calf I further give and
devise to my wife Sarah Moore the entire use and benefit of
all that Messuage tenament and land of mine situate laying
and being in Genoa Township Delaware County and State of
Ohio during her natural life. I further give and devise
that after the death of my wife Sarah Moore that the said
Messugge tenament and land situate as above described and
containing ten acres of land More or less shall be equally divided
and given to my son George Moore and to my son-in-law
Jacob Allen their heirs and assigns forever And I hereby give
and bequeath to Jacob Allen one Mare and one Cow now on
the premices occupied by the said Jacob Allen. And lastly I
hereby give and bequeath that after the death of my wife Sarah
Moore Israel Breyfogle whom I hereby appoint sole execu-
tor of this My last will and testament hereby revoking all
former wills by me made shall after paying all my lawful
debts pay to my daughter Hester wife Jeremiah Browning my
daughter Mary wife of Bazzle Wells my daughter Elavia wife
of Wm Johnson my daughter Sarah wife of Jacob Allen and
my son Daniel Moore the sum of five dollars each out of the
said estate
In witness whereof I have hereunto set my hand and
seal the twenty first day of July in the year of our Lord one
thousand eight hundred and fifty seven
his
Daniel X Moore {Seal}
mark
[Corresponds to labeled page 376 of Will Book 3]
376 Last Will and Testament of Daniel Moore Deceased
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware State of Ohio at his office
in the Town of Delaware on the 24th day of October A.D. 1857
The last will and testament of Daniel Moore late of the
Township of Radnor Delaware County Ohio was this day
produced in open court and duly proven by the testimo-
ny of the three subscribing witnesses viz Isaac Breyfogle
L. W Breyfogle and H. K. Nott witnesses to said will (as
reduced to writing and filed with said will admitted to Probate
and ordered to be recorded as follows
Copy of Will
The last will and Testament of Daniel Moore of the
town of Radnor in the County of Delaware and State of Ohio -
I Daniel Moore considering the uncertainty of this mortal
life and being of sound mind and memory do make and
publish this my last will and testament in manner and
form following. First I give and bequeath unto my beloved
wife Sarah Moore two fether beads and bedding together with
all my kitchen furniture one cow and calf I further give and
devise to my wife Sarah Moore the entire use and benefit of
all that Messuage tenament and land of mine situate laying
and being in Genoa Township Delaware County and State of
Ohio during her natural life. I further give and devise
that after the death of my wife Sarah Moore that the said
Messugge tenament and land situate as above described and
containing ten acres of land More or less shall be equally divided
and given to my son George Moore and to my son-in-law
Jacob Allen their heirs and assigns forever And I hereby give
and bequeath to Jacob Allen one Mare and one Cow now on
the premices occupied by the said Jacob Allen. And lastly I
hereby give and bequeath that after the death of my wife Sarah
Moore Israel Breyfogle whom I hereby appoint sole execu-
tor of this My last will and testament hereby revoking all
former wills by me made shall after paying all my lawful
debts pay to my daughter Hester wife Jeremiah Browning my
daughter Mary wife of Bazzle Wells my daughter Elavia wife
of Wm Johnson my daughter Sarah wife of Jacob Allen and
my son Daniel Moore the sum of five dollars each out of the
said estate
In witness whereof I have hereunto set my hand and
seal the twenty first day of July in the year of our Lord one
thousand eight hundred and fifty seven
his
Daniel X Moore {Seal}
mark
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 428)
Description
[Page 428]
[Corresponds to labeled page 377 of Will Book 3]
Last Will and Testament of Daniel Moore dec'd 377
signed sealed published and declared by the above named
Daniel Moore 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 thereunto
H. K. Nott
Israel Breyfogle
L W Breyfogle
The State of Ohio Delaware County SS
We Israel Breyfogle, L. W. Breyfogle and
H. K. Nott being duly sworn in open Court this 24th
day of October AD 1857 depose and say that we were
present at the execution of the last will and testament
of Daniel Moore hereto annexed that we saw the
said testator subscribe said will and heard him pub-
lish and declare the same to be his last will and testa-
ment and that the said testator at the time of execut-
ing the same was of full age and of sound mind and
memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence and in the presence of each other (L. W. Breyfogle
not being present when it was signed by testator & other two
witnesses but heard him acknowledge the will in pres-
ence of all & witnessed it in presence of sd witnesses & testator)
Israel Breyfogle
L. W. Breyfogle
H. K. Nott
Sworn to and subscribed before me this 24th day of October
A.D. 1857
I. Ranney Probate Judge
Dec. 27th 1858 Mrs Sarah Moore appeared & elected
or expressed a desire to elect to take under the above
will instead of her Dower at law.
I. Ranney Pro Judge
[Corresponds to labeled page 377 of Will Book 3]
Last Will and Testament of Daniel Moore dec'd 377
signed sealed published and declared by the above named
Daniel Moore 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 thereunto
H. K. Nott
Israel Breyfogle
L W Breyfogle
The State of Ohio Delaware County SS
We Israel Breyfogle, L. W. Breyfogle and
H. K. Nott being duly sworn in open Court this 24th
day of October AD 1857 depose and say that we were
present at the execution of the last will and testament
of Daniel Moore hereto annexed that we saw the
said testator subscribe said will and heard him pub-
lish and declare the same to be his last will and testa-
ment and that the said testator at the time of execut-
ing the same was of full age and of sound mind and
memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence and in the presence of each other (L. W. Breyfogle
not being present when it was signed by testator & other two
witnesses but heard him acknowledge the will in pres-
ence of all & witnessed it in presence of sd witnesses & testator)
Israel Breyfogle
L. W. Breyfogle
H. K. Nott
Sworn to and subscribed before me this 24th day of October
A.D. 1857
I. Ranney Probate Judge
Dec. 27th 1858 Mrs Sarah Moore appeared & elected
or expressed a desire to elect to take under the above
will instead of her Dower at law.
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 429)
Description
[Page 429]
[Corresponds to labeled page 378 of Will Book 3]
378 Last Will and Testament of John F. Dunlap Deceased
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware State of Ohio
at his office in the town of Delaware on the fifth
day of December A.D. 1857
The last Will and testament of John F. Dunlap late of
Delaware County Ohio was this day produced in open
Court and duly proven by the testimony of the two
subscribing witnesses thereto viz T. W. Powell and George
Cellar witnesses to said will (as reduced to writing and filed
with said Will) admitted to Probate and ordered to be
recorded as follows
Copy of Will
I John F. Dunlap of Delaware County Ohio being of sound
Mind and Memory but mindful of My approaching end
and being desirous of Making a proper disposition of the
worldly goods and property that it has pleased kind Provi-
dence to bestow upon Me and commit to my ease do make
publish and declare this my last will and and testament
and do hereby dispose of, give and bequeath all My prop-
erty real and personal as follows to wit
1st As soon after My death as convenient it is my will
and request that all my property both real and personal
should be sold and disposed of by my executors and the
proceeds thereof after paying all my just debts and the
expense of settling my estate should be disposed of and
divided amongst my family as follows to wit
2nd I give and bequeath out of the proceedds of the sale
of my property as above provided to be paid over by my
executors as soon as convenient as follows to wit to my
daughter Margaret wife of Robert McKinnie the sum of
five hundred dollars. to my son Alexander Dunlap the
sum of five hundred dollars to my daughter Eliza D.
wife of Rev Chester H. Perkins the sum of one thousand
dollars. to my two sons Joseph H. Dunlap and John A.
Dunlap each the sum of fifteen hundred dollars. and any
residue of my estate I give and bequeath to be equally
divided to and between my five children above named
3rd It is my will and desire that one third of all the pro-
ceeds of the said sale of my real and personal property as provided
for above after the payment of my debts and expenses of my estate
should be applied to the use and support of my beloved wife
Martha C. Dunlap for and during her natural life in the
following manner. that my executors with the advise and
[Corresponds to labeled page 378 of Will Book 3]
378 Last Will and Testament of John F. Dunlap Deceased
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware State of Ohio
at his office in the town of Delaware on the fifth
day of December A.D. 1857
The last Will and testament of John F. Dunlap late of
Delaware County Ohio was this day produced in open
Court and duly proven by the testimony of the two
subscribing witnesses thereto viz T. W. Powell and George
Cellar witnesses to said will (as reduced to writing and filed
with said Will) admitted to Probate and ordered to be
recorded as follows
Copy of Will
I John F. Dunlap of Delaware County Ohio being of sound
Mind and Memory but mindful of My approaching end
and being desirous of Making a proper disposition of the
worldly goods and property that it has pleased kind Provi-
dence to bestow upon Me and commit to my ease do make
publish and declare this my last will and and testament
and do hereby dispose of, give and bequeath all My prop-
erty real and personal as follows to wit
1st As soon after My death as convenient it is my will
and request that all my property both real and personal
should be sold and disposed of by my executors and the
proceeds thereof after paying all my just debts and the
expense of settling my estate should be disposed of and
divided amongst my family as follows to wit
2nd I give and bequeath out of the proceedds of the sale
of my property as above provided to be paid over by my
executors as soon as convenient as follows to wit to my
daughter Margaret wife of Robert McKinnie the sum of
five hundred dollars. to my son Alexander Dunlap the
sum of five hundred dollars to my daughter Eliza D.
wife of Rev Chester H. Perkins the sum of one thousand
dollars. to my two sons Joseph H. Dunlap and John A.
Dunlap each the sum of fifteen hundred dollars. and any
residue of my estate I give and bequeath to be equally
divided to and between my five children above named
3rd It is my will and desire that one third of all the pro-
ceeds of the said sale of my real and personal property as provided
for above after the payment of my debts and expenses of my estate
should be applied to the use and support of my beloved wife
Martha C. Dunlap for and during her natural life in the
following manner. that my executors with the advise and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 430)
Description
[Page 430]
[Corresponds to labeled page 379 of Will Book 3]
Last Will and Testament of John F. Dunlap Dec'd 379
consent of my wife shall put out at interest in the best and
most secure manner the said one third of such proceeds
the interest thereof to be paid simeannually to be paid
over to and for the use and benefit of my said wife during
her natural life and the above mentioned distribu-
tion of my property is subject to this provision to and
for the benefit of my wife but after the death of my
wife the said one third of said proceeds of my property
shall be divided to and amongst my children in
the manner above provided.
4th I do hereby will give and devise unto my executors
full power and authority to sell and dispose of all
my personal and real property in such manner as
may be the best interest of my estate and to make
and execute to the purchasers all proper and necess-
ary deeds of conveyance in the same manner as I
could myself were I then living.
5th I hereby constitute and appoint my three sons
Alexander, Joseph H. and John A. Dunlap and the
survivor of them executors of this my last will and
testament hereby revoking and annulling all former
wills by me made or executed
I John F. Dunlap do now here on this 5th day of
November A.D. 1857 execute publish and declare the
foregoing to be (and no other) my last will and testament
John F. Dunlap
On the day and year above written the undersigned as
witnesses thereto saw the said John F. Dunlap sign the forgoing
and he in our presence declared the same to be his will & tes-
tament & rquested us to sign the same as witnesses thereto
and we accordingly in his presence and in the presence
of each other signed our names thereto as witnesses
T. W. Powell
George Celar
The State of Ohio Delaware County S.S.
We T. W. Powell & George Cellar being duly sworn in open
Court this Fourth day of December A.D. 1857 depose and say that we
were present at the execution of the last will and testament of John F. Dunlap
dec'd hereto annexed that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last will
and testament and that the said testator at the time of executing the same was
of full age and of sound mind and memory and not under any restraint and that we
signed the same as witnesses at his request and in his presence and in the presence of
each other
T. W. Powell
George Cellar
Sworn to and subscribed before me this 4th day of December A.D. 1857
I. Ranney Probate Judge
[Corresponds to labeled page 379 of Will Book 3]
Last Will and Testament of John F. Dunlap Dec'd 379
consent of my wife shall put out at interest in the best and
most secure manner the said one third of such proceeds
the interest thereof to be paid simeannually to be paid
over to and for the use and benefit of my said wife during
her natural life and the above mentioned distribu-
tion of my property is subject to this provision to and
for the benefit of my wife but after the death of my
wife the said one third of said proceeds of my property
shall be divided to and amongst my children in
the manner above provided.
4th I do hereby will give and devise unto my executors
full power and authority to sell and dispose of all
my personal and real property in such manner as
may be the best interest of my estate and to make
and execute to the purchasers all proper and necess-
ary deeds of conveyance in the same manner as I
could myself were I then living.
5th I hereby constitute and appoint my three sons
Alexander, Joseph H. and John A. Dunlap and the
survivor of them executors of this my last will and
testament hereby revoking and annulling all former
wills by me made or executed
I John F. Dunlap do now here on this 5th day of
November A.D. 1857 execute publish and declare the
foregoing to be (and no other) my last will and testament
John F. Dunlap
On the day and year above written the undersigned as
witnesses thereto saw the said John F. Dunlap sign the forgoing
and he in our presence declared the same to be his will & tes-
tament & rquested us to sign the same as witnesses thereto
and we accordingly in his presence and in the presence
of each other signed our names thereto as witnesses
T. W. Powell
George Celar
The State of Ohio Delaware County S.S.
We T. W. Powell & George Cellar being duly sworn in open
Court this Fourth day of December A.D. 1857 depose and say that we
were present at the execution of the last will and testament of John F. Dunlap
dec'd hereto annexed that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last will
and testament and that the said testator at the time of executing the same was
of full age and of sound mind and memory and not under any restraint and that we
signed the same as witnesses at his request and in his presence and in the presence of
each other
T. W. Powell
George Cellar
Sworn to and subscribed before me this 4th day of December A.D. 1857
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 431)
Description
[Page 431]
[Corresponds to labeled page 380 of Will Book 3]
380 Last Will and Testament of Peter Harder deceased
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his office in the Town of Delaware on the
20th day of February A.D. 1858
The last will and Testament of Peter Harder late of
Delaware County Ohio was this day produced in
open Court and duly proven by the testimony of the
three subscribing witnesses thereto viz Seneca P.
Wentz James Colflesh and Edwin Root witnesses to
said will (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as
follows
( Copy of Will
I Peter Harder of Berlin Township Delaware County
State of Ohio being of sound mind memory and under-
standing do make and published this my last will
and testament in manner following. That is to say
I give and bequeath to my Mother Hannah Harder
the interest on revenew arising from my farm (Lot 36 in
the township aforesaid) and the household furniture for her
support all the term of her life. That is to say my executor
hereinafter appointed is to sell at my death such personal
property as my Mother Hannah Harder does not wish
to keep for her own use and to pay my debts. My
executor is to rent my farm colect the rent pay the
taxes etc. And the ballance of the money he is to pay to
my Mother Hannah Harder for her support. And at
Mother's death. I give and bequeath unto Catharine
Harder the sum of five hundred dollars. And the re-
mainder of my property which is left I give and bequeath
in equal shares or sums unto Er Harder. Perry Harder.
Jehial Harder. Mary Ann Conklin. Elizabeth Dunham.
Rebecca Marshal. Lida Hanna and Sophrona Hanna
to be equally divided amongst them
Lastly I do hereby nominate and appoint Seneca
P. Wentz executor of this my last will and testament
I recommend to him to see that my Instructions in
respect to my property be strictly complied with as made
known to him. In witness I the said Peter Harder
have to this my last will and Testament set my hand
and seal this first day of February in the year one
thousand eight hundred and fifty eight
Peter Harder {Seal}
[Corresponds to labeled page 380 of Will Book 3]
380 Last Will and Testament of Peter Harder deceased
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his office in the Town of Delaware on the
20th day of February A.D. 1858
The last will and Testament of Peter Harder late of
Delaware County Ohio was this day produced in
open Court and duly proven by the testimony of the
three subscribing witnesses thereto viz Seneca P.
Wentz James Colflesh and Edwin Root witnesses to
said will (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as
follows
( Copy of Will
I Peter Harder of Berlin Township Delaware County
State of Ohio being of sound mind memory and under-
standing do make and published this my last will
and testament in manner following. That is to say
I give and bequeath to my Mother Hannah Harder
the interest on revenew arising from my farm (Lot 36 in
the township aforesaid) and the household furniture for her
support all the term of her life. That is to say my executor
hereinafter appointed is to sell at my death such personal
property as my Mother Hannah Harder does not wish
to keep for her own use and to pay my debts. My
executor is to rent my farm colect the rent pay the
taxes etc. And the ballance of the money he is to pay to
my Mother Hannah Harder for her support. And at
Mother's death. I give and bequeath unto Catharine
Harder the sum of five hundred dollars. And the re-
mainder of my property which is left I give and bequeath
in equal shares or sums unto Er Harder. Perry Harder.
Jehial Harder. Mary Ann Conklin. Elizabeth Dunham.
Rebecca Marshal. Lida Hanna and Sophrona Hanna
to be equally divided amongst them
Lastly I do hereby nominate and appoint Seneca
P. Wentz executor of this my last will and testament
I recommend to him to see that my Instructions in
respect to my property be strictly complied with as made
known to him. In witness I the said Peter Harder
have to this my last will and Testament set my hand
and seal this first day of February in the year one
thousand eight hundred and fifty eight
Peter Harder {Seal}
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 432)
Description
[Page 432]
[Corresponds to labeled page 381 of Will Book 3]
Last Will and Testament of Peter Harder deceased 381
Signed sealed published and declared by the said Peter
Harder as and for his last will and Testament in the
presence of us who have at his request hereunto subscri-
bed our names as witnesses thereto in the presence
of the said Testator and of each other. This first day
of February in the year one thousand eight hundred
and fifty eight (1858)
S. P. Wentz
James Colflesh
Edwin Root
The State of Ohio Delaware County S.S.
We Seneca P. Wentz James Colflesh and Edwin Root
being duly sworn in open Court this 20th day of February
A.D. 1858 depose and say that we were present at the
execution of the last will and testament of Peter Harder
dec'd hereto annexed that we saw the said testator
subscribed said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age and of sound mind and
memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other
S. P. Wentz
James Colflesh
Edwin Root
Sworn to and subscribed before me this 20th day of Febru-
ary A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 381 of Will Book 3]
Last Will and Testament of Peter Harder deceased 381
Signed sealed published and declared by the said Peter
Harder as and for his last will and Testament in the
presence of us who have at his request hereunto subscri-
bed our names as witnesses thereto in the presence
of the said Testator and of each other. This first day
of February in the year one thousand eight hundred
and fifty eight (1858)
S. P. Wentz
James Colflesh
Edwin Root
The State of Ohio Delaware County S.S.
We Seneca P. Wentz James Colflesh and Edwin Root
being duly sworn in open Court this 20th day of February
A.D. 1858 depose and say that we were present at the
execution of the last will and testament of Peter Harder
dec'd hereto annexed that we saw the said testator
subscribed said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of executing
the same was of full age and of sound mind and
memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other
S. P. Wentz
James Colflesh
Edwin Root
Sworn to and subscribed before me this 20th day of Febru-
ary A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 433)
Description
[Page 433]
[Corresponds to labeled page 382 of Will Book 3]
382 Last Will and Testament of Eliza Alfred deceased
Proceedings had before Hon. I. Ranney Probate Judge with-
in and for the County of Delaware and State of Ohio at
his office in the Town of Delaware on the 13th day of March
A.D. 1858
The last will and testament of Eliza Alfred late of the
County of Delaware Ohio was this day produced in open
Court and duly proven by the testimony of the two sub-
scribing witnesses thereto viz William D. Harris and
J. D. Snyder witnesses to said will (as reduced to writing
and filed with said will) admitted to Probate and
ordered to be recorded as follows
Copy of Will
I Eliza Alfred of the town and County of Delaware in
the State of Ohio on this Seventh day of December in the
year of our Lord Eighteen hundred and fifty seven do
make and publish this my last will & testament hereby
revoking and annulling all former wills by me made.
Item 1st I give and bequeath all my property both
personal and real of every kind & description whatsoever
to my dear children Ann Alfred and Frank Alfred -
including my part of the old homestead farm which my
father lived on in Washington township - Morrow County
State of Ohio & containing about one hundred & fifty one acres
of land
Item 2nd I do hereby nominate constitute and appoint
my beloved husband William Alfred to be the Executor of
this will. And it is my desire that immediate
charge of all of said property and that he use the same
for the benefit and advantage of my said children exp-
ending it for them as in his judgment may be for their
best interest -
And I do hereby authorize and empower my said
executor to sell in such way & upon such terms as he
may deem best all or any part of my real estate & to
execute deeds in fee simple & to deliver the same to the
purchaser or purchasers thereof
Item 3rd It is my will that my said executor retain
the control & management of all my said property until
the youngest of my said children shall become of age & then
that so much thereof as may at that time be left unex-
pended be equally divided between them.
In witness whereof I the said Eliza Alfred do here-
unto set my hand seal on this seventh day of December
[Corresponds to labeled page 382 of Will Book 3]
382 Last Will and Testament of Eliza Alfred deceased
Proceedings had before Hon. I. Ranney Probate Judge with-
in and for the County of Delaware and State of Ohio at
his office in the Town of Delaware on the 13th day of March
A.D. 1858
The last will and testament of Eliza Alfred late of the
County of Delaware Ohio was this day produced in open
Court and duly proven by the testimony of the two sub-
scribing witnesses thereto viz William D. Harris and
J. D. Snyder witnesses to said will (as reduced to writing
and filed with said will) admitted to Probate and
ordered to be recorded as follows
Copy of Will
I Eliza Alfred of the town and County of Delaware in
the State of Ohio on this Seventh day of December in the
year of our Lord Eighteen hundred and fifty seven do
make and publish this my last will & testament hereby
revoking and annulling all former wills by me made.
Item 1st I give and bequeath all my property both
personal and real of every kind & description whatsoever
to my dear children Ann Alfred and Frank Alfred -
including my part of the old homestead farm which my
father lived on in Washington township - Morrow County
State of Ohio & containing about one hundred & fifty one acres
of land
Item 2nd I do hereby nominate constitute and appoint
my beloved husband William Alfred to be the Executor of
this will. And it is my desire that immediate
charge of all of said property and that he use the same
for the benefit and advantage of my said children exp-
ending it for them as in his judgment may be for their
best interest -
And I do hereby authorize and empower my said
executor to sell in such way & upon such terms as he
may deem best all or any part of my real estate & to
execute deeds in fee simple & to deliver the same to the
purchaser or purchasers thereof
Item 3rd It is my will that my said executor retain
the control & management of all my said property until
the youngest of my said children shall become of age & then
that so much thereof as may at that time be left unex-
pended be equally divided between them.
In witness whereof I the said Eliza Alfred do here-
unto set my hand seal on this seventh day of December
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 434)
Description
[Page 434]
[Corresponds to labeled page 383 of Will Book 3]
Last Will and Testament of Eliza Alfred deceased 383
in the year of our Lord eighteen hundred & fifty seven
signed & acknowledged by said } her
Eliza Alfred as her last will and } Eliza X Alfred {Seal}
testament in our presence and } mark
signed by us in her presence }
and at her request }
William D. Harris }
J. D. Snyder }
The State of Ohio Delaware County S.S.
We J. D. Snyder & Wm. D. Harris being duly sworn in
open Court this 13th day of March A.D. 1858 depose and
say that we were present at the execution of the last
will and testament of Eliza Alfred hereto annexed
that we saw the said testatrix subscribe said will and
heard her publish and declare the same to be his last
will and testament and that the said testatrix at
the time of exeucting the same was of full age and of
sound mind and memory and not under any restr-
aint and that we signed the same as witnesses at
her request and in his presence and in the presence
of each other
J. D. Snyder
William D. Harris
Sworn to and subscribed before me this 12th day of March
A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 383 of Will Book 3]
Last Will and Testament of Eliza Alfred deceased 383
in the year of our Lord eighteen hundred & fifty seven
signed & acknowledged by said } her
Eliza Alfred as her last will and } Eliza X Alfred {Seal}
testament in our presence and } mark
signed by us in her presence }
and at her request }
William D. Harris }
J. D. Snyder }
The State of Ohio Delaware County S.S.
We J. D. Snyder & Wm. D. Harris being duly sworn in
open Court this 13th day of March A.D. 1858 depose and
say that we were present at the execution of the last
will and testament of Eliza Alfred hereto annexed
that we saw the said testatrix subscribe said will and
heard her publish and declare the same to be his last
will and testament and that the said testatrix at
the time of exeucting the same was of full age and of
sound mind and memory and not under any restr-
aint and that we signed the same as witnesses at
her request and in his presence and in the presence
of each other
J. D. Snyder
William D. Harris
Sworn to and subscribed before me this 12th day of March
A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 435)
Description
[Page 435]
[Corresponds to labeled page 384 of Will Book 3]
384 Last Will and Testament of Benj'm C. Gaylord dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 27th day of
March A.D. 1858
The last will and testament of Benjamin C
Gaylord late of the County of Delaware Ohio was
this day produced in open Court and duly proven
by the testimony of the two subscribing witnesses thereto
viz Festus Utley and G. C. Still witnesses to said
will (as reduced to writing and filed with said will
admitted to probate and ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all, I Benj'm
C. Gaylord of Berkshire Delaware County Ohio do, and
publish this my last will and testament.
Item 1st I give and devise all my estate both personal
and real to my wife Laury Ann Gaylord to be to her
and her present heirs forever,
I also appoint and make the said Laury Ann Executrix
of this my last will and testament
In testimony hereof I have hereunto set my hand
and seal this third day of March in the year 1858.
Benjamin C. Gaylord {Seal}
Signed and acknowledged
by said Benj'm C. Gaylord as his
last will and testament in our presence
and signed by us in his presence
Festus Utley
G. C. Still
The State of Ohio Delaware County S.S.
We Festus Utley & G. C. Still being duly sworn in
open Court this 27 day of March A.D. 1858 depose and say
that we were present at the execution of the last will and
testament of Benj'm C. Gaylord hereto annexed that we
saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time of
executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his request
and in his presence and in the presence of each other
Festus Utley
G C Still
Sworn to and subscribed before me this 27 day of March A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 384 of Will Book 3]
384 Last Will and Testament of Benj'm C. Gaylord dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 27th day of
March A.D. 1858
The last will and testament of Benjamin C
Gaylord late of the County of Delaware Ohio was
this day produced in open Court and duly proven
by the testimony of the two subscribing witnesses thereto
viz Festus Utley and G. C. Still witnesses to said
will (as reduced to writing and filed with said will
admitted to probate and ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all, I Benj'm
C. Gaylord of Berkshire Delaware County Ohio do, and
publish this my last will and testament.
Item 1st I give and devise all my estate both personal
and real to my wife Laury Ann Gaylord to be to her
and her present heirs forever,
I also appoint and make the said Laury Ann Executrix
of this my last will and testament
In testimony hereof I have hereunto set my hand
and seal this third day of March in the year 1858.
Benjamin C. Gaylord {Seal}
Signed and acknowledged
by said Benj'm C. Gaylord as his
last will and testament in our presence
and signed by us in his presence
Festus Utley
G. C. Still
The State of Ohio Delaware County S.S.
We Festus Utley & G. C. Still being duly sworn in
open Court this 27 day of March A.D. 1858 depose and say
that we were present at the execution of the last will and
testament of Benj'm C. Gaylord hereto annexed that we
saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time of
executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his request
and in his presence and in the presence of each other
Festus Utley
G C Still
Sworn to and subscribed before me this 27 day of March A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 436)
Description
[Page 436]
[Corresponds to labeled page 385 of Will Book 3]
Last Will and Testament of David Kyle dec'd 385
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the 27th
day of April A.D. 1858
The last will and testament of Daivd Kyle late
of the County of Delaware Ohio was this day produ-
ced in open Court and duly proven by the testi-
mony of one of the subscribing witnesses thereto viz George
Wolfley and the hand writing of the other subscribing
witness Morgan Williams was proven by the testimony of Tho' B. Wil-
iams as reduced to writing and filed with said
will admitted to probate and ordered to be recorded
as follows
Copy of Will
In the name of God Amen
I David Kyle of Radnor township Delaware
County 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 and bequeath to my beloved
wife Margaret Kyle the farm that I reside upon
it being a tract of land situated in Range twenty (20)
Township six (6) Section two (2) U.S.M.L. also the
undivided half of a tract of land purchased by me
and Ebenezer Williams from Richard Roberts during
her natural life situate in the Same Range township
and section Also all my personal property of every
description after my debts are all payd also all my
notes Mortgages and papers of every description
Third I will devise and bequeath to my son WIlliam
ALbert the above described tracts or parcels of land pro-
vided that he pays the following sums of money to my
daughter Rebecca Darrah the sum of Three hundred
dollars within six years after he arrives at the age
of twenty one Also pay to my daughter Sarah Mc
Carthney three hundred dollars within six years after
he arrives at the age of twenty one (Provided always)
that should my said wife Margaret live until my
said Son William Albert arrives at the age of twenty one
then and in that case my said son William Alfred
is not to pay the above legacies until six years after
the death of my said wife Margaret
[Corresponds to labeled page 385 of Will Book 3]
Last Will and Testament of David Kyle dec'd 385
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the 27th
day of April A.D. 1858
The last will and testament of Daivd Kyle late
of the County of Delaware Ohio was this day produ-
ced in open Court and duly proven by the testi-
mony of one of the subscribing witnesses thereto viz George
Wolfley and the hand writing of the other subscribing
witness Morgan Williams was proven by the testimony of Tho' B. Wil-
iams as reduced to writing and filed with said
will admitted to probate and ordered to be recorded
as follows
Copy of Will
In the name of God Amen
I David Kyle of Radnor township Delaware
County 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 and bequeath to my beloved
wife Margaret Kyle the farm that I reside upon
it being a tract of land situated in Range twenty (20)
Township six (6) Section two (2) U.S.M.L. also the
undivided half of a tract of land purchased by me
and Ebenezer Williams from Richard Roberts during
her natural life situate in the Same Range township
and section Also all my personal property of every
description after my debts are all payd also all my
notes Mortgages and papers of every description
Third I will devise and bequeath to my son WIlliam
ALbert the above described tracts or parcels of land pro-
vided that he pays the following sums of money to my
daughter Rebecca Darrah the sum of Three hundred
dollars within six years after he arrives at the age
of twenty one Also pay to my daughter Sarah Mc
Carthney three hundred dollars within six years after
he arrives at the age of twenty one (Provided always)
that should my said wife Margaret live until my
said Son William Albert arrives at the age of twenty one
then and in that case my said son William Alfred
is not to pay the above legacies until six years after
the death of my said wife Margaret
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 437)
Description
[Page 437]
[Corresponds to labeled page 386 of Will Book 3]
386 Last Will and Testament of David Kyle dec'd
And lastly I do hereby nominate and appoint my
beloved wife Margaret and my friend George Wolfley
to be the executors for this my last will and testament
revoking and annulling all former wills by 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 seal this 19th day of October A.D. 1849
David Kyle {Seal}
Signed published and declared by the above named
David Kyle as and for his last will and testament
in presence of us who at his request have signed as
witnesses to the same
George Wolfley
Morgan Williams
The State of Ohio Delaware County SS.
I George Wolfley being duly sworn in open Court this
27th day of April A.D. 1858 depose and say that I was
present at the execution of the last will and testament
of David Kyle hereto annexed that I saw the said
testator subscribe said will and heard him publish
and declare the same to be his last will and testam-
ent and that the said testator at the time of executing
the same was of full age and of sound mind and
memory and not under any restraint and that
I signed the same as witness at his request and in
his presence and in the presence of Morgan Williams the
other subscribing witness who subscribed the same as
witness in my presence & in the presence of sd testator &
at his testator's request and that sd Morgan Williams
is since dec'd
Sworn to and subscribed before me this 27th day of April
A.D. 1858
I. Ranney Probate Judge
State of Ohio Delaware Co. SS.
Tho's B. Williams being sworn says that he was
well acquainted with the hand writing of his
brother Morgan Williams now deceased, has frequently
seen him write his name & is well satisfied the signature as
subscribing witness to the forgoing will of David Kyle purporting to be
the signature of sd Morgan Williams is genuine & was written by the sd Morgan
Williams T. B. Williams
Sworn to & subscribed before me April 27th 1858 by
X T. B. Williams I. Ranney Probate Judge
[Corresponds to labeled page 386 of Will Book 3]
386 Last Will and Testament of David Kyle dec'd
And lastly I do hereby nominate and appoint my
beloved wife Margaret and my friend George Wolfley
to be the executors for this my last will and testament
revoking and annulling all former wills by 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 seal this 19th day of October A.D. 1849
David Kyle {Seal}
Signed published and declared by the above named
David Kyle as and for his last will and testament
in presence of us who at his request have signed as
witnesses to the same
George Wolfley
Morgan Williams
The State of Ohio Delaware County SS.
I George Wolfley being duly sworn in open Court this
27th day of April A.D. 1858 depose and say that I was
present at the execution of the last will and testament
of David Kyle hereto annexed that I saw the said
testator subscribe said will and heard him publish
and declare the same to be his last will and testam-
ent and that the said testator at the time of executing
the same was of full age and of sound mind and
memory and not under any restraint and that
I signed the same as witness at his request and in
his presence and in the presence of Morgan Williams the
other subscribing witness who subscribed the same as
witness in my presence & in the presence of sd testator &
at his testator's request and that sd Morgan Williams
is since dec'd
Sworn to and subscribed before me this 27th day of April
A.D. 1858
I. Ranney Probate Judge
State of Ohio Delaware Co. SS.
Tho's B. Williams being sworn says that he was
well acquainted with the hand writing of his
brother Morgan Williams now deceased, has frequently
seen him write his name & is well satisfied the signature as
subscribing witness to the forgoing will of David Kyle purporting to be
the signature of sd Morgan Williams is genuine & was written by the sd Morgan
Williams T. B. Williams
Sworn to & subscribed before me April 27th 1858 by
X T. B. Williams I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 438)
Description
[Page 438]
[Corresponds to labeled page 387 of Will Book 3]
Last Will and Testament of Abram Depp deceased 387
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the
19th day of May A.D. 1858
The last will and testament of Abram Depp late
of the County of Delaware and State of Ohio was
this day produced in open Court and duly proven
by the testimony of the subscribing witnesses thereto
viz Henry C. Andrews, Hugh Andrews and Samuel
W. White witnesses to said will (as reduced to writing
and filed with said will) admitted to probate and
ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all
I Abram Depp of the County of Delaware
State of Ohio, being of sound mind and memory
(blessed be the Almighty God for the same) do make
and publish this last will and testament.
Item 1st I give and bequeath to my beloved wife
in lieu of her dower part of the farm which we
now reside situate in Concord Township Del. County
containing about four hundred, more or less, acres
during her natural life, and all the stock household
goods furniture provisions and other goods and
chattles which may be thereon at the time of my
decease, during her natural life as aforesaid she,
however selling so much thereof as may be suffi-
cient to pay my just debts, At the death of my
said wife the real estate aforesaid and such part
of the said property or proceeds thereof as may then remain
unconsumed and unexpended I give and devise to
my eight children viz Aurelius, Matilda, John
Parthena. Susannah, Lucinda, Rachel and Keziah
and their heirs. if my said wife China should not
survive me then I give & bequeath the property aforesaid
to my eight children above named and their heirs
my wife shall dwel and life at the stone house where
I now reside during her natural life.
Item 2nd I devise and bequeath unto my eight children
above named the balance of the farm which we now reside
to be divided as equal and equitable as it can be possibly
be done
[Corresponds to labeled page 387 of Will Book 3]
Last Will and Testament of Abram Depp deceased 387
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the
19th day of May A.D. 1858
The last will and testament of Abram Depp late
of the County of Delaware and State of Ohio was
this day produced in open Court and duly proven
by the testimony of the subscribing witnesses thereto
viz Henry C. Andrews, Hugh Andrews and Samuel
W. White witnesses to said will (as reduced to writing
and filed with said will) admitted to probate and
ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all
I Abram Depp of the County of Delaware
State of Ohio, being of sound mind and memory
(blessed be the Almighty God for the same) do make
and publish this last will and testament.
Item 1st I give and bequeath to my beloved wife
in lieu of her dower part of the farm which we
now reside situate in Concord Township Del. County
containing about four hundred, more or less, acres
during her natural life, and all the stock household
goods furniture provisions and other goods and
chattles which may be thereon at the time of my
decease, during her natural life as aforesaid she,
however selling so much thereof as may be suffi-
cient to pay my just debts, At the death of my
said wife the real estate aforesaid and such part
of the said property or proceeds thereof as may then remain
unconsumed and unexpended I give and devise to
my eight children viz Aurelius, Matilda, John
Parthena. Susannah, Lucinda, Rachel and Keziah
and their heirs. if my said wife China should not
survive me then I give & bequeath the property aforesaid
to my eight children above named and their heirs
my wife shall dwel and life at the stone house where
I now reside during her natural life.
Item 2nd I devise and bequeath unto my eight children
above named the balance of the farm which we now reside
to be divided as equal and equitable as it can be possibly
be done
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 439)
Description
[Page 439]
[Corresponds to labeled page 388 of Will Book 3]
388 Last Will and Testament of Abram Depp deceased
Item 3rd I do hereby nominate and appoint my
wife China guardian of all my children under age
untill they arrive at the age of twenty one years or
intermaried, but in case my wife should marry her
guardianship of said children shall cease and deter-
mine upon her intermarriage and in her place I do
hereby nominate my esteemed friend Aurelius Depp my
son to have the gurdianship of them still under age
at the date of the intermarriage of my wife and if the
said guardian should die the children shall determine
and chose their own guardians. My said guardians are
hereby enjoyned to give my children a good English
education and rear them in habits of industry and
inculcate upon them as far as may be the duties of
christianity
Item 4th I do hereby appoint and nominate my
two sons Aurelius and John executors of this my
last will and testament (John to assume the duty of
executor with Aurelius at the time when he John
arrives at the age of twenty one years of age) hereby
authorizing and empowering them to compromise adjust
release and discharge in such manner as they deem
proper the debts and claims due to me. I do also
authorize and empower them if it shall become necessary
to pay my debts or to divide among my eight children
Aurelius, John, Matilda Parthena Susannah Lucinda,
Rachel & Keziah equally the money so obtained and they
may sell private or such manner upon such terms of
credit or otherwise, as they may think proper and deeds to
purchasers to execute acknowledge and deliver in fee
simple my farm on Indian Run commonly called my
lower place
Item No. 5th John is to farm with his mother on her
place allotted to her, and the use of the tools for use of the
farm such as plows, harrows, waggon & farming utensils
shall be loaned to each other which they return in good
order as they receive them from each other (that is Aurelius
and John) I also give to Aurelius & John a steel
plow to each of them that is Aurelius & John to have
and to hold as their own without let or hindrance.
No. 6. I also want it particular understood that there
is to be no division in the land untill after the death
of my beloved wife China and all the children that
live on the land or premises is pay rent in money for
the use of that part they occupy or farm so as to have
the rent money paid in time for her (China) to pay the taxes.
[Corresponds to labeled page 388 of Will Book 3]
388 Last Will and Testament of Abram Depp deceased
Item 3rd I do hereby nominate and appoint my
wife China guardian of all my children under age
untill they arrive at the age of twenty one years or
intermaried, but in case my wife should marry her
guardianship of said children shall cease and deter-
mine upon her intermarriage and in her place I do
hereby nominate my esteemed friend Aurelius Depp my
son to have the gurdianship of them still under age
at the date of the intermarriage of my wife and if the
said guardian should die the children shall determine
and chose their own guardians. My said guardians are
hereby enjoyned to give my children a good English
education and rear them in habits of industry and
inculcate upon them as far as may be the duties of
christianity
Item 4th I do hereby appoint and nominate my
two sons Aurelius and John executors of this my
last will and testament (John to assume the duty of
executor with Aurelius at the time when he John
arrives at the age of twenty one years of age) hereby
authorizing and empowering them to compromise adjust
release and discharge in such manner as they deem
proper the debts and claims due to me. I do also
authorize and empower them if it shall become necessary
to pay my debts or to divide among my eight children
Aurelius, John, Matilda Parthena Susannah Lucinda,
Rachel & Keziah equally the money so obtained and they
may sell private or such manner upon such terms of
credit or otherwise, as they may think proper and deeds to
purchasers to execute acknowledge and deliver in fee
simple my farm on Indian Run commonly called my
lower place
Item No. 5th John is to farm with his mother on her
place allotted to her, and the use of the tools for use of the
farm such as plows, harrows, waggon & farming utensils
shall be loaned to each other which they return in good
order as they receive them from each other (that is Aurelius
and John) I also give to Aurelius & John a steel
plow to each of them that is Aurelius & John to have
and to hold as their own without let or hindrance.
No. 6. I also want it particular understood that there
is to be no division in the land untill after the death
of my beloved wife China and all the children that
live on the land or premises is pay rent in money for
the use of that part they occupy or farm so as to have
the rent money paid in time for her (China) to pay the taxes.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 440)
Description
[Page 440]
[Corresponds to labeled page 389 of Will Book 3]
Last Will and Testament of Abram Depp deceased 389
No. 7. I also want it remembered by all the children
that the place and premises are to be considered home
to those that are not married they so working with
their mother, China, to pay for expenses in food and
clothes, and their Mother to be considered head of
the house, also my daughter, Matilda with the
rest and if they should marry and separate
from their husbands or wives they may come home
and live with their mother (China) they working
for the support as above mentioned
No. 8 I do hereby authorize my wife to rent the
farm on Indian Run called the lower place to rent it
out for money rent during her natural life and she
must use the money for rents then received for
her and the family living with her in her house
saving enough by all means for the taxes
No. 9. Be it also understood that they the children
that wants to rent may have the preference if they
will chose to farm, but nothing is herein contained
but (China) may rent to other persons who may wish
to rent from her.
No. 10. All moneys out belonging to me must be
collected and put out so as to get the interest and
the principal and interest applied if needed to pay
the taxes of land and chattles accruing on the farm.
No. 11. The said China is to take and apply money
that is made on the farm by rents or otherwise to
school the children in a common school that
each shall have an education sufficient for trans-
action of common business.
I do hereby revoke all former wills by me made
hand seal this thirtieth day of March in the year
of the Lord one thousand eight hundred and fifty eight
his
Abram X Depp {Seal}
mark
Signed and acknowledged by said Abram Depp as
his last will and testament in presence of us and
signed by us in his presence
Henry C. Andrews
Hugh Andrews
Samuel W. Whyte
The State of Ohio Delaware County SS
We, Henry C. Andrews, Hugh Andrews and Samuel White
[Corresponds to labeled page 389 of Will Book 3]
Last Will and Testament of Abram Depp deceased 389
No. 7. I also want it remembered by all the children
that the place and premises are to be considered home
to those that are not married they so working with
their mother, China, to pay for expenses in food and
clothes, and their Mother to be considered head of
the house, also my daughter, Matilda with the
rest and if they should marry and separate
from their husbands or wives they may come home
and live with their mother (China) they working
for the support as above mentioned
No. 8 I do hereby authorize my wife to rent the
farm on Indian Run called the lower place to rent it
out for money rent during her natural life and she
must use the money for rents then received for
her and the family living with her in her house
saving enough by all means for the taxes
No. 9. Be it also understood that they the children
that wants to rent may have the preference if they
will chose to farm, but nothing is herein contained
but (China) may rent to other persons who may wish
to rent from her.
No. 10. All moneys out belonging to me must be
collected and put out so as to get the interest and
the principal and interest applied if needed to pay
the taxes of land and chattles accruing on the farm.
No. 11. The said China is to take and apply money
that is made on the farm by rents or otherwise to
school the children in a common school that
each shall have an education sufficient for trans-
action of common business.
I do hereby revoke all former wills by me made
hand seal this thirtieth day of March in the year
of the Lord one thousand eight hundred and fifty eight
his
Abram X Depp {Seal}
mark
Signed and acknowledged by said Abram Depp as
his last will and testament in presence of us and
signed by us in his presence
Henry C. Andrews
Hugh Andrews
Samuel W. Whyte
The State of Ohio Delaware County SS
We, Henry C. Andrews, Hugh Andrews and Samuel White
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 441)
Description
[Page 441]
[Corresponds to labeled page 390 of Will Book 3]
390 Last Will and Testament of Abram Depp dec'd
being duly sworn in open Court this 19th day of May A.D.
1858, depose and say that we were present at the execution of
the last will and testament of Abram Depp hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time
of executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence of
each other
Henry C. Andrews
Hugh Andrews
Samuel W. Whyte
Sworn to and subscribed before me this 19th day
of May A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 390 of Will Book 3]
390 Last Will and Testament of Abram Depp dec'd
being duly sworn in open Court this 19th day of May A.D.
1858, depose and say that we were present at the execution of
the last will and testament of Abram Depp hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will
and testament and that the said testator at the time
of executing the same was of full age and of sound
mind and memory and not under any restraint
and that we signed the same as witnesses at his
request and in his presence and in the presence of
each other
Henry C. Andrews
Hugh Andrews
Samuel W. Whyte
Sworn to and subscribed before me this 19th day
of May A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 442)
Description
[Page 442]
[Corresponds to labeled page 391 of Will Book 3]
Last Will and Testament of William R. Penry deceased 391
Proceeding had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of Ohio
at his office in the Town of Delaware on the 31st day
of May A.D. 1858
The last will and testament of William R. Penry
late of the Township of Radnor Delaware County
Ohio was this day produced in open Court and
duly proven by the testimony of the subscribing witnesses
viz Abraham Loyd and Stephen Thomas, witnesses to
said will (as reduced to writing and filed with
said will) admitted to probate and ordered to be
recorded as follows
Copy of Will
I William R. Penry of Radnor Township Delaware
County 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
1st it is my will that my funeral expenses and that
all my just debts be fully paid.
2nd I give and bequeath to my beloved wife Elizabeth
all my property real and personal as long as she rema-
ins my widow and she is to rais my children and
educate them further I wish them not to cut any Timber
out side of the fences unnecesary further I wish my wife
to keep the old bay mare as long as she will live and
not sell her after the death of my wife Elizabeth I wish all
the property divided equally between my children
And lastly I hereby constitute and apoint Stephen
Thomas to be the the executor for this my last will and
Testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
other to be my last will and Testament
In testimony whereof I have hereunto set my
hand and seal this 4th day of February A.D. 1858
his
William X R. Penry {Seal}
mark
Signed published and declared
by the above named Wm. R. Penry as and for his last will and
Testament in presence of us who at his request have signed as
witnesses to the same
Stephen Thomas
Abraham Loyd
[Corresponds to labeled page 391 of Will Book 3]
Last Will and Testament of William R. Penry deceased 391
Proceeding had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of Ohio
at his office in the Town of Delaware on the 31st day
of May A.D. 1858
The last will and testament of William R. Penry
late of the Township of Radnor Delaware County
Ohio was this day produced in open Court and
duly proven by the testimony of the subscribing witnesses
viz Abraham Loyd and Stephen Thomas, witnesses to
said will (as reduced to writing and filed with
said will) admitted to probate and ordered to be
recorded as follows
Copy of Will
I William R. Penry of Radnor Township Delaware
County 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
1st it is my will that my funeral expenses and that
all my just debts be fully paid.
2nd I give and bequeath to my beloved wife Elizabeth
all my property real and personal as long as she rema-
ins my widow and she is to rais my children and
educate them further I wish them not to cut any Timber
out side of the fences unnecesary further I wish my wife
to keep the old bay mare as long as she will live and
not sell her after the death of my wife Elizabeth I wish all
the property divided equally between my children
And lastly I hereby constitute and apoint Stephen
Thomas to be the the executor for this my last will and
Testament revoking and annulling all former wills by
me made and ratifying and confirming this and no
other to be my last will and Testament
In testimony whereof I have hereunto set my
hand and seal this 4th day of February A.D. 1858
his
William X R. Penry {Seal}
mark
Signed published and declared
by the above named Wm. R. Penry as and for his last will and
Testament in presence of us who at his request have signed as
witnesses to the same
Stephen Thomas
Abraham Loyd
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 443)
Description
[Page 443]
[Corresponds to labeled page 392 of Will Book 3]
392 Last Will and Testament of William R. Penry dec'd
The State of Ohio Delaware County SS.
We Abram Loyd and Stephen Thomas being duly sworn
in open Court this 31st day of May A.D. 1858, depose and
say that we were present at the execution of the last
will and testament of Wm. R. Penry hereto annexed
that we saw the said testator subscribe said will and
heard him publish and declare the same to be his last
will and testament and that the said testator at the
time of executing the same was of full age and of
sound mind and memory and not under any
restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other Abraham Loyd
Stephen Thomas
Sworn to and subscribed before me this 31st day of May A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 392 of Will Book 3]
392 Last Will and Testament of William R. Penry dec'd
The State of Ohio Delaware County SS.
We Abram Loyd and Stephen Thomas being duly sworn
in open Court this 31st day of May A.D. 1858, depose and
say that we were present at the execution of the last
will and testament of Wm. R. Penry hereto annexed
that we saw the said testator subscribe said will and
heard him publish and declare the same to be his last
will and testament and that the said testator at the
time of executing the same was of full age and of
sound mind and memory and not under any
restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other Abraham Loyd
Stephen Thomas
Sworn to and subscribed before me this 31st day of May A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 444)
Description
[Page 444]
[Corresponds to labeled page 393 of Will Book 3]
Last Will and Testament of James Williams dec'd 393
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 16th day of August A.D. 1858
The last will and testament of James Williams late of Delaware
County Ohio deceased was this day produced in open Court and
duly proven by the testimony of the subscribing witnesses thereto
viz Hugh Cole and Ephraim Luellen witnesses to said will
(as reduced to writing and filed with said will) admitted to
Probate and ordered to be recorded as follows.
Copy of Will
I, James Williams of the County of Delaware and the State
of Ohio do make and publish this my last will and testament
I do hereby nominate my beloved wife, Margaret
Williams and Joseph C. Cole Guardians of my daughters
Margett, Josephine and Elizabeth untill they arive at the
age of twenty one years or intermarries. But in case my wife
should again marry her Guardianship of said children shall
cease and determin upon her intermarriage and in her place
I do hereby nominate my friend Ephraim Luellen to have
the Guardianship of my said daughters untill they arrive
at the age of twenty one or intermarries. My said Guard-
ians are hereby enjoined to give my children a good English
Education and to rear them in habits of industry and incul-
cate upon them as far as may be the duties of Christianity
4th I do hereby nominate and appoint my beloved wife and
Joseph C. Cole Executors of 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 or to sell for money
and put the the same out at interest if they should
think proper to do so for the best of my children and
wife to sell by private sale or in such manner or such
terms of credit or otherwise as they may think proper all
or any part of my Real Estate and deeds to purchasers
to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made in
testimony whereof I have hereunto set my hand and
seal this the 29th day of June A.D. 1858
James Williams {Seal}
Signed and acknowledged by said James Williams
as his last will and testament in our presence and
[Corresponds to labeled page 393 of Will Book 3]
Last Will and Testament of James Williams dec'd 393
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 16th day of August A.D. 1858
The last will and testament of James Williams late of Delaware
County Ohio deceased was this day produced in open Court and
duly proven by the testimony of the subscribing witnesses thereto
viz Hugh Cole and Ephraim Luellen witnesses to said will
(as reduced to writing and filed with said will) admitted to
Probate and ordered to be recorded as follows.
Copy of Will
I, James Williams of the County of Delaware and the State
of Ohio do make and publish this my last will and testament
I do hereby nominate my beloved wife, Margaret
Williams and Joseph C. Cole Guardians of my daughters
Margett, Josephine and Elizabeth untill they arive at the
age of twenty one years or intermarries. But in case my wife
should again marry her Guardianship of said children shall
cease and determin upon her intermarriage and in her place
I do hereby nominate my friend Ephraim Luellen to have
the Guardianship of my said daughters untill they arrive
at the age of twenty one or intermarries. My said Guard-
ians are hereby enjoined to give my children a good English
Education and to rear them in habits of industry and incul-
cate upon them as far as may be the duties of Christianity
4th I do hereby nominate and appoint my beloved wife and
Joseph C. Cole Executors of 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 or to sell for money
and put the the same out at interest if they should
think proper to do so for the best of my children and
wife to sell by private sale or in such manner or such
terms of credit or otherwise as they may think proper all
or any part of my Real Estate and deeds to purchasers
to execute acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made in
testimony whereof I have hereunto set my hand and
seal this the 29th day of June A.D. 1858
James Williams {Seal}
Signed and acknowledged by said James Williams
as his last will and testament in our presence and
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 445)
Description
[Page 445]
[Corresponds to labeled page 394 of Will Book 3]
394 Last Will and Testament of James Williams dec'd
signed by us in his presence
Hugh Cole
Ephraim Luellan
The State of Ohio Delaware County SS
We Hugh Cole & Ephraim Luellen bein duly sworn in
open Court this 16th day of August A.D. 1858 depose and say
that we were present at the execution of the last will and
testament of James Williams hereto annexed that we saw
the said testator subscribe said will and heard him
publish and declare the same to be his last will and testa-
ment and that the said testator at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in
the presence of each other
Hugh Cole
Ephraim Luellen
Sworn to and subscribed before me this 16th day of August
A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 394 of Will Book 3]
394 Last Will and Testament of James Williams dec'd
signed by us in his presence
Hugh Cole
Ephraim Luellan
The State of Ohio Delaware County SS
We Hugh Cole & Ephraim Luellen bein duly sworn in
open Court this 16th day of August A.D. 1858 depose and say
that we were present at the execution of the last will and
testament of James Williams hereto annexed that we saw
the said testator subscribe said will and heard him
publish and declare the same to be his last will and testa-
ment and that the said testator at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in
the presence of each other
Hugh Cole
Ephraim Luellen
Sworn to and subscribed before me this 16th day of August
A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 446)
Description
[Page 446]
[Corresponds to labeled page 395 of Will Book 3]
Last Will and Testament of James Van Houten dec'd 395
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 23rd day of September
A.D. 1858
The last will and testament of James Van Houten
late of Delaware County Ohio deceased was this day
produced in open Court and duly proven by the
testimony of the subscribing witnesses thereto viz
Ezekiel Brown and J. P. Maynard witnesses to said
will (as reduced to writing and filed with said will)
Admitted to probate and ordered to be recorded
as follows
( Coy of Will )
In the name of the Benevolent Father of all
I James Van Houten of the County of Delaware
and State of Ohio do make and publish this my
last will and testament.
Item 1st It is my will that my just debts and
all charges be paid out of my Estate.
2nd It is my will that my wife have a support
out of my property during her natural life or so
long as she remains my widow.
" 3rd I give and bequeath to my Daughters Sally
Ann Van Ness - Martha E. Condit - Ester Covert and
Margaret Townley (or to their heirs) the sum of thirty
dollars each.
" 4th I give and bequeath to James M. Force (the son
of my daughter Elizabeth Force) and to his heirs the
sum of thirty dollars.
" 5th I give and bequeath to James Augustus Gam-
mell (the child of my daughter Mary C. Gammell)
and to his heirs the sum of fifteen dollars.
" 6th I give and bequeath to Mary Ella Gammell
(the child of my daughter Mary C. Gammell) and to her
heirs the sum of fifteen dollars.
" 7th It is my will that said James A. Gammell
and Mary E. Lloyd Gemmell have a support out of my
property until they arrive at the age of fifteen years.
" 8th I do hereby devise and bequeath to my son
James H. Van Houten the farm on which I now reside
together with all the stock household goods - furniture
and other goods and chattels which may be thereon
at the time of my decease - said Farm situate in the
[Corresponds to labeled page 395 of Will Book 3]
Last Will and Testament of James Van Houten dec'd 395
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 23rd day of September
A.D. 1858
The last will and testament of James Van Houten
late of Delaware County Ohio deceased was this day
produced in open Court and duly proven by the
testimony of the subscribing witnesses thereto viz
Ezekiel Brown and J. P. Maynard witnesses to said
will (as reduced to writing and filed with said will)
Admitted to probate and ordered to be recorded
as follows
( Coy of Will )
In the name of the Benevolent Father of all
I James Van Houten of the County of Delaware
and State of Ohio do make and publish this my
last will and testament.
Item 1st It is my will that my just debts and
all charges be paid out of my Estate.
2nd It is my will that my wife have a support
out of my property during her natural life or so
long as she remains my widow.
" 3rd I give and bequeath to my Daughters Sally
Ann Van Ness - Martha E. Condit - Ester Covert and
Margaret Townley (or to their heirs) the sum of thirty
dollars each.
" 4th I give and bequeath to James M. Force (the son
of my daughter Elizabeth Force) and to his heirs the
sum of thirty dollars.
" 5th I give and bequeath to James Augustus Gam-
mell (the child of my daughter Mary C. Gammell)
and to his heirs the sum of fifteen dollars.
" 6th I give and bequeath to Mary Ella Gammell
(the child of my daughter Mary C. Gammell) and to her
heirs the sum of fifteen dollars.
" 7th It is my will that said James A. Gammell
and Mary E. Lloyd Gemmell have a support out of my
property until they arrive at the age of fifteen years.
" 8th I do hereby devise and bequeath to my son
James H. Van Houten the farm on which I now reside
together with all the stock household goods - furniture
and other goods and chattels which may be thereon
at the time of my decease - said Farm situate in the
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 447)
Description
[Page 447]
[Corresponds to labeled page 396 of Will Book 3]
396 Last Will and Testament of James Van Houten dec'd
County of Delaware and State of Ohio and in the Township
of Berkshire and bounded on the North by land owned
by N. Cook - on the East by the public road on the South
by land owned by Stephen Cary and on the West by land
owned by Stephen Carey & Alpins Bigelow's heirs - containing
Forty three acres more or less.
Item 9th I do hereby nominate and appoint my son
James H. Van Houten Executor of this my last will and
testament hereby authorizing and empowering him
to adjust and discharge in such manner as he
may deem proper the debts and claims due me -
I do also require that said James H. Van Houten pay
my just debts and the legacies above named but in
no case shall he be required to pay said legacies
until after his mothers decease.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 18th day of November A.D. 1857
James Van Houten {Seal}
Signed and acknowledged by said James Van Houten as his
last will and testament in our presence and signed by us in
his presence J. P. Maynard
E Brown
The State of Ohio Delaware County SS.
We Ezekiel Brown & J. P. Maynard being duly sworn in open
Court this 23rd day of September A.D. 1858 depose and say that we
were present at the execution of the last will and testament
of James Van Houten hereto annexed: that we saw the said
testator subscribe said will and heard him publish and
declare the same to be his last will and testament and
that the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint, and that we signed the same
as witnesses at his request and in his presence and in
the presence of each other
J. P. Maynard
E. Brown
Sworn to and subscribed before me this 23rd day of Sept. A.D. 1858
I. Ranney Probate Judge
[Corresponds to labeled page 396 of Will Book 3]
396 Last Will and Testament of James Van Houten dec'd
County of Delaware and State of Ohio and in the Township
of Berkshire and bounded on the North by land owned
by N. Cook - on the East by the public road on the South
by land owned by Stephen Cary and on the West by land
owned by Stephen Carey & Alpins Bigelow's heirs - containing
Forty three acres more or less.
Item 9th I do hereby nominate and appoint my son
James H. Van Houten Executor of this my last will and
testament hereby authorizing and empowering him
to adjust and discharge in such manner as he
may deem proper the debts and claims due me -
I do also require that said James H. Van Houten pay
my just debts and the legacies above named but in
no case shall he be required to pay said legacies
until after his mothers decease.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 18th day of November A.D. 1857
James Van Houten {Seal}
Signed and acknowledged by said James Van Houten as his
last will and testament in our presence and signed by us in
his presence J. P. Maynard
E Brown
The State of Ohio Delaware County SS.
We Ezekiel Brown & J. P. Maynard being duly sworn in open
Court this 23rd day of September A.D. 1858 depose and say that we
were present at the execution of the last will and testament
of James Van Houten hereto annexed: that we saw the said
testator subscribe said will and heard him publish and
declare the same to be his last will and testament and
that the said testator at the time of executing the same
was of full age and of sound mind and memory and
not under any restraint, and that we signed the same
as witnesses at his request and in his presence and in
the presence of each other
J. P. Maynard
E. Brown
Sworn to and subscribed before me this 23rd day of Sept. A.D. 1858
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 448)
Description
[Page 448]
[Corresponds to labeled page 397 of Will Book 3]
Last Will and Testament of Joseph Lynn dec'd 397
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
of Ohio at his office in the Town of Delaware on the
20th day of November A.D. 1858
The last will and testament of Joseph Lynn late of
Troy Township Delaware County Ohio deceased was
this day produced in open Court and duly
proven by the testimony of the subscribing witnesses
thereto viz William G. Norris and Hugh Carter
witnesses to said will (as reduced to writing and
filed with said will) admitted to probate and
ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all
I, Joseph Lynn of 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 all my debts and funeral
expenses be paid.
Second I give and bequeath to my beloved
wife Hannah Lynn all the property which I may
be possessed of at my death including all my
personal property of every discription and all the
lands I may be possessed of including my homested
and the several small lotts I now own in Troy town-
ship Delaware County Ohio by her paying all all my
debts and funeral expenses
3rd I hereby constitute and appoint my wife Hannah
Lynn Guardian of all my children Hiram Samuel
John R. Winfield Joseph & Miner J. Lynn untill they
may arive at the age of twenty one years.
Signed and acknowledged by Joseph Lynn this
11th day of November A.D. 1858 in our presents and
signed by us at his request
and in his presents Joseph Lynn {Seal}
Wm. G. Norris
Hugh Carter
The State of Ohio Delaware County SS.
We Wm. G. Norris & Hugh Carter being duly sworn in
open Court this 20th day of Nov. A.D. 1858 depose and
say that we were present at the execution of the last
[Corresponds to labeled page 397 of Will Book 3]
Last Will and Testament of Joseph Lynn dec'd 397
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
of Ohio at his office in the Town of Delaware on the
20th day of November A.D. 1858
The last will and testament of Joseph Lynn late of
Troy Township Delaware County Ohio deceased was
this day produced in open Court and duly
proven by the testimony of the subscribing witnesses
thereto viz William G. Norris and Hugh Carter
witnesses to said will (as reduced to writing and
filed with said will) admitted to probate and
ordered to be recorded as follows
Copy of Will
In the name of the benevolent Father of all
I, Joseph Lynn of 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 all my debts and funeral
expenses be paid.
Second I give and bequeath to my beloved
wife Hannah Lynn all the property which I may
be possessed of at my death including all my
personal property of every discription and all the
lands I may be possessed of including my homested
and the several small lotts I now own in Troy town-
ship Delaware County Ohio by her paying all all my
debts and funeral expenses
3rd I hereby constitute and appoint my wife Hannah
Lynn Guardian of all my children Hiram Samuel
John R. Winfield Joseph & Miner J. Lynn untill they
may arive at the age of twenty one years.
Signed and acknowledged by Joseph Lynn this
11th day of November A.D. 1858 in our presents and
signed by us at his request
and in his presents Joseph Lynn {Seal}
Wm. G. Norris
Hugh Carter
The State of Ohio Delaware County SS.
We Wm. G. Norris & Hugh Carter being duly sworn in
open Court this 20th day of Nov. A.D. 1858 depose and
say that we were present at the execution of the last
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 449)
Description
[Page 449]
[Corresponds to labeled page 398 of Will Book 3]
398 Last Will and Testament of Joseph Lynn dec'd cont'd
will and testament of Joseph Lynn hereto annexed -
that we saw the said testator subscribe said will and
heard him publish and declare the same to be
his last will and testament - and that the said
testator at the time of executing the same was of full
age, and of sound mind and memory and not
under any restraint and that we signed the same
as witnesses at his request and in his presence and
in the presence of each other
Wm. G. Norris
Hugh Carter
Sworn to and subscribed before me this 20th day of
Nov. A.D. 1858
I. Ranney Probate Junge
[Corresponds to labeled page 398 of Will Book 3]
398 Last Will and Testament of Joseph Lynn dec'd cont'd
will and testament of Joseph Lynn hereto annexed -
that we saw the said testator subscribe said will and
heard him publish and declare the same to be
his last will and testament - and that the said
testator at the time of executing the same was of full
age, and of sound mind and memory and not
under any restraint and that we signed the same
as witnesses at his request and in his presence and
in the presence of each other
Wm. G. Norris
Hugh Carter
Sworn to and subscribed before me this 20th day of
Nov. A.D. 1858
I. Ranney Probate Junge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 450)
Description
[Page 450]
[Corresponds to labeled page 399 of Will Book 3]
Last Will and Testament of Phebe Smith dec'd 399
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his Office in the Town of Delaware on
the 4th day of January A.D. 1859.
Be it rememered that heretofore to wit on the 6th day
of December A.D. 1858 the following order was had
and entered herein to wit.
In the Matter of Phebe Smith's last will
The last will & testament of Phebe Smith
late of sd County dec'd being produced in open Court
& it appearing that H. C. Blackman one of the subsc-
ribing witnesses to sd will resides in Nebraska City
Nebraska Tp. & out of the jurisdiction of this County,
It is ordered that a Commission issue with the
said will annexed to take the deposition of the said
Blackman touching the due execution of sd will
to be directed to Horace Harding Esqr. who shall
execute the same according to the statute in such
case made & provided & Matter cont'd.
I. Ranney P. J.
And afterwards to wit on the same day the following
Commission was issued herein to wit
Probate Court Delaware County
State of Ohio Dec. 6th 1858
To Horace H. Harding Esq'r of Nebraska City in
the Territory of Nebraska 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
authority to examine and take the deposition of H.
C. Blackman Esq'r one of the subscribing witnesses
to the will of Phebe Smith dec'd hereto annexed late
of sd County of Delaware dec'd
And therefore we commission you that at
certain days & places to be appointed by you, you cause
the sd H. C. Blackman to be brought before you, and
then and there examine him on his corporal oath
or affirmation, first taken before you touching the
due execution of the sd will of the sd Phebe Smith
and that you reduce such examination to writing
& return the same together with this writ & the said
will thereto annexed closed under your seal into our
[Corresponds to labeled page 399 of Will Book 3]
Last Will and Testament of Phebe Smith dec'd 399
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware and State of
Ohio at his Office in the Town of Delaware on
the 4th day of January A.D. 1859.
Be it rememered that heretofore to wit on the 6th day
of December A.D. 1858 the following order was had
and entered herein to wit.
In the Matter of Phebe Smith's last will
The last will & testament of Phebe Smith
late of sd County dec'd being produced in open Court
& it appearing that H. C. Blackman one of the subsc-
ribing witnesses to sd will resides in Nebraska City
Nebraska Tp. & out of the jurisdiction of this County,
It is ordered that a Commission issue with the
said will annexed to take the deposition of the said
Blackman touching the due execution of sd will
to be directed to Horace Harding Esqr. who shall
execute the same according to the statute in such
case made & provided & Matter cont'd.
I. Ranney P. J.
And afterwards to wit on the same day the following
Commission was issued herein to wit
Probate Court Delaware County
State of Ohio Dec. 6th 1858
To Horace H. Harding Esq'r of Nebraska City in
the Territory of Nebraska 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
authority to examine and take the deposition of H.
C. Blackman Esq'r one of the subscribing witnesses
to the will of Phebe Smith dec'd hereto annexed late
of sd County of Delaware dec'd
And therefore we commission you that at
certain days & places to be appointed by you, you cause
the sd H. C. Blackman to be brought before you, and
then and there examine him on his corporal oath
or affirmation, first taken before you touching the
due execution of the sd will of the sd Phebe Smith
and that you reduce such examination to writing
& return the same together with this writ & the said
will thereto annexed closed under your seal into our
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 451)
Description
[Page 451]
[Corresponds to labeled page 400 of Will Book 3]
400 Last Will and Testament of Phebe Smith dec'd
sd Court of Probate with all convenient speed
Witness I. Ranney Judge & the seal
{Seal} of sd Court at Delaware Ohio this day
& Year above written
I. Ranney Judge of sd Court
And afterwards to wit on the 4th day of January A.D. 1859
the return of above commission with the deposition attached
was made herein to wit.
Deposition of Henry C. Blackman of Nebraska
City Otoe County, Nebraska Territory, taken by and before
me in obedience to and in pursuance of a commission
for that purpose issued out of the Probate Court of the
County of Delaware in the State of Ohio on the 6th day
of December A.D. 1858
Henry C. Blackman of lawful age being
duly sworn deposes and says - I was present at
the execution of the last will and Testament of Phebe
Smith hereto annexed: that I saw the said testatrix
subscribe said will and heard her publish and declare
the same to be her last will and testament and that
said testatrix at the time of executing the same was
of full age and of sound mind and memory and
not under any restraint known to affiant and
that the said affiant and one James Smith signed
the same as witnesses at her request and in her
presence and in the presence of each other.
H. C. Blackman
Sworn to before me and subscribed in my presence
this 21st day of December A.D. 1858
Horace H. Harding {Seal}
Territory of Nebraska, Otoe County SS.
I, Horace H. Harding a Commissioner for that
purpose duly appointed by the Probate Court of the
County of Delaware in the State of Ohio, hereby certify
that on the 21st day of December A.D. 1858 in obedience
to the commission hereto attached I caused the for-
going deposition of Henry C. Blackman to be taken
in my presence and before me at Nebraska City
aforesaid and that he signed and wrote said
deposition in my presence and that his signature
thereto is genuine
Horace H. Harding {Seal}
Special Commissioner
[Corresponds to labeled page 400 of Will Book 3]
400 Last Will and Testament of Phebe Smith dec'd
sd Court of Probate with all convenient speed
Witness I. Ranney Judge & the seal
{Seal} of sd Court at Delaware Ohio this day
& Year above written
I. Ranney Judge of sd Court
And afterwards to wit on the 4th day of January A.D. 1859
the return of above commission with the deposition attached
was made herein to wit.
Deposition of Henry C. Blackman of Nebraska
City Otoe County, Nebraska Territory, taken by and before
me in obedience to and in pursuance of a commission
for that purpose issued out of the Probate Court of the
County of Delaware in the State of Ohio on the 6th day
of December A.D. 1858
Henry C. Blackman of lawful age being
duly sworn deposes and says - I was present at
the execution of the last will and Testament of Phebe
Smith hereto annexed: that I saw the said testatrix
subscribe said will and heard her publish and declare
the same to be her last will and testament and that
said testatrix at the time of executing the same was
of full age and of sound mind and memory and
not under any restraint known to affiant and
that the said affiant and one James Smith signed
the same as witnesses at her request and in her
presence and in the presence of each other.
H. C. Blackman
Sworn to before me and subscribed in my presence
this 21st day of December A.D. 1858
Horace H. Harding {Seal}
Territory of Nebraska, Otoe County SS.
I, Horace H. Harding a Commissioner for that
purpose duly appointed by the Probate Court of the
County of Delaware in the State of Ohio, hereby certify
that on the 21st day of December A.D. 1858 in obedience
to the commission hereto attached I caused the for-
going deposition of Henry C. Blackman to be taken
in my presence and before me at Nebraska City
aforesaid and that he signed and wrote said
deposition in my presence and that his signature
thereto is genuine
Horace H. Harding {Seal}
Special Commissioner
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 452)
Description
[Page 452]
[Corresponds to labeled page 401 of Will Book 3]
Last Will and Testament of Phebe Smith dec'd 401
Copy of Will
In the name of God, Amen. I, Phebe Smith widow
of Charles Smith late of Delaware County Ohio, do
make and publish this my last will and testament
I herteby give and bequeath to my son George Smith
all my personal property of whatever kind or nature
and all my moneys and credits now belonging
to me in Ohio and also all money that I may
receive from my mother or any other source during
my trip to Pennsylvania which I am now about under-
taking.
In testimony whereof I have hereunto set my
hand and seal this 16th day of June A.D. 1856 hereby
revoking all former wills by me made and declaring
this to be my only true last will and testament
Phebe Smith {Seal}
Executed in presence of us and declared by the
testatrix in our presence to be her last will and testa-
ment and we have hereunto signed the same
as witnesses in her presence & at her request & in
presence of each other. H. C. Blackman
Jamese Smith
The State of Ohio Delaware County SS.
I James Smith being duly sworn in open Court this
4th day of Dec. A.D. 1858, depose and say that I was
present at the execution of the last will and testament
of Phebe Smith hereto annexed: that I saw the
said testatrix subscribe said will and heard her
publish and declare the same to be her last will
and testament, and that the said testatrix at the
time of executing the same was of full age and
of sound mind and memory, and not under any
restraint and that we H. C. Blackman & myself signed
the same as witnesses at her request and in her presence
and in the presence of each other.
James Smith
Sworn to and subscribed before me this 4th day of
Dec. A.D. 1858 I. Ranney Probate Judge
And afterwards to wit on the 4th day of January A.D.
1859 the following order was had and entered herein
to wit.
In Matter of Phebe Smith's Will
The Commission heretofore issued
from this County with the sd will of the sd Phebe attached
to take the deposition of H. C. Blackman one of the
[Corresponds to labeled page 401 of Will Book 3]
Last Will and Testament of Phebe Smith dec'd 401
Copy of Will
In the name of God, Amen. I, Phebe Smith widow
of Charles Smith late of Delaware County Ohio, do
make and publish this my last will and testament
I herteby give and bequeath to my son George Smith
all my personal property of whatever kind or nature
and all my moneys and credits now belonging
to me in Ohio and also all money that I may
receive from my mother or any other source during
my trip to Pennsylvania which I am now about under-
taking.
In testimony whereof I have hereunto set my
hand and seal this 16th day of June A.D. 1856 hereby
revoking all former wills by me made and declaring
this to be my only true last will and testament
Phebe Smith {Seal}
Executed in presence of us and declared by the
testatrix in our presence to be her last will and testa-
ment and we have hereunto signed the same
as witnesses in her presence & at her request & in
presence of each other. H. C. Blackman
Jamese Smith
The State of Ohio Delaware County SS.
I James Smith being duly sworn in open Court this
4th day of Dec. A.D. 1858, depose and say that I was
present at the execution of the last will and testament
of Phebe Smith hereto annexed: that I saw the
said testatrix subscribe said will and heard her
publish and declare the same to be her last will
and testament, and that the said testatrix at the
time of executing the same was of full age and
of sound mind and memory, and not under any
restraint and that we H. C. Blackman & myself signed
the same as witnesses at her request and in her presence
and in the presence of each other.
James Smith
Sworn to and subscribed before me this 4th day of
Dec. A.D. 1858 I. Ranney Probate Judge
And afterwards to wit on the 4th day of January A.D.
1859 the following order was had and entered herein
to wit.
In Matter of Phebe Smith's Will
The Commission heretofore issued
from this County with the sd will of the sd Phebe attached
to take the deposition of H. C. Blackman one of the
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 453)
Description
[Page 453]
[Corresponds to labeled page 402 of Will Book 3]
402
subscribing witnesses thereto was this day produced in
Court and filed and it appearing to the satisfaction of
the Court as well by the sd deposition of the sd Blackman
as by the testimony of James Smith another subscribing
witness to the said will taken in open Court and
reduced to writing and signed by the said James
Smith and also filed with sd will that the said
will was duly attested & executed and that the sd
testatrix at the time of executing the same was of
full age and of sound mind and memory and
not under any restraint it is ordered that sd will
commission & testimony be recorded
I. Ranney P. J.
[Corresponds to labeled page 402 of Will Book 3]
402
subscribing witnesses thereto was this day produced in
Court and filed and it appearing to the satisfaction of
the Court as well by the sd deposition of the sd Blackman
as by the testimony of James Smith another subscribing
witness to the said will taken in open Court and
reduced to writing and signed by the said James
Smith and also filed with sd will that the said
will was duly attested & executed and that the sd
testatrix at the time of executing the same was of
full age and of sound mind and memory and
not under any restraint it is ordered that sd will
commission & testimony be recorded
I. Ranney P. J.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 454)
Description
[Page 454]
[Corresponds to labeled page 403 of Will Book 3]
Last Will and Testament of Duncan Campbell dec'd 403
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the Town of Delaware on the 1st day of
February A.D. 1859
The last will and Testament of Duncan Campbell late
of Delaware County Ohio deceased was this day pro-
duced in open Court and duly proven by the testi-
mony of the subscribing witnesses thereto viz
John Cunningham and William A. Cunningham
witnesses to said will (as reduced to writing and filed
with said will) admitted to probate and ordered to
be recorded as follows
Copy of Will
In the name of the benevolent father of all I,
Duncan Campbell of the County of Delaware
and State of being of sound mind do make and
publish this my last will and testament in man-
or and form following
My property consisting in notes thirteen in number
each calling for one hundred dollars signed by Evan
Price and secured by a mortgage dated January
27th 1847 and due one annually on the first day of
January of each year for thirteen years from the first
of January next without interest which I have with
John Cunningham of the County and State aforesaid.
first) I give and bedqueath to my daughter Susanna
Wise five hundred dollars of the first notes due.
Sec I give and bequeath to my daughter Elizabeth
Rankins of the County of Licking one hundred and
sixty dollars of the next due. Third I give and be-
queath to my son William Campbell of of west Canady
one hundred and sixty dollars of the next due.
fourth I give and bequeath to my son Peter Campbell
of the state of Wisconson one hundred and sixty dollars
of the next due. fifth I give and bequeath to my
daughter Isabela Darst of the County and State of
Ohio one hundred and sixty dollars of the next
due. Sixth I give and bequeath to the heirs of my
deceased daughter Catharine Loothaker one hundred
and sixty dollars on the balance due on the above
described notes
Signed this 13th day of May in the year one thousand eight hundred and
fifty in presence of Duncan Campbell {Seal}
John Cunningham
William A. Cunningham
[Corresponds to labeled page 403 of Will Book 3]
Last Will and Testament of Duncan Campbell dec'd 403
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at
his office in the Town of Delaware on the 1st day of
February A.D. 1859
The last will and Testament of Duncan Campbell late
of Delaware County Ohio deceased was this day pro-
duced in open Court and duly proven by the testi-
mony of the subscribing witnesses thereto viz
John Cunningham and William A. Cunningham
witnesses to said will (as reduced to writing and filed
with said will) admitted to probate and ordered to
be recorded as follows
Copy of Will
In the name of the benevolent father of all I,
Duncan Campbell of the County of Delaware
and State of being of sound mind do make and
publish this my last will and testament in man-
or and form following
My property consisting in notes thirteen in number
each calling for one hundred dollars signed by Evan
Price and secured by a mortgage dated January
27th 1847 and due one annually on the first day of
January of each year for thirteen years from the first
of January next without interest which I have with
John Cunningham of the County and State aforesaid.
first) I give and bedqueath to my daughter Susanna
Wise five hundred dollars of the first notes due.
Sec I give and bequeath to my daughter Elizabeth
Rankins of the County of Licking one hundred and
sixty dollars of the next due. Third I give and be-
queath to my son William Campbell of of west Canady
one hundred and sixty dollars of the next due.
fourth I give and bequeath to my son Peter Campbell
of the state of Wisconson one hundred and sixty dollars
of the next due. fifth I give and bequeath to my
daughter Isabela Darst of the County and State of
Ohio one hundred and sixty dollars of the next
due. Sixth I give and bequeath to the heirs of my
deceased daughter Catharine Loothaker one hundred
and sixty dollars on the balance due on the above
described notes
Signed this 13th day of May in the year one thousand eight hundred and
fifty in presence of Duncan Campbell {Seal}
John Cunningham
William A. Cunningham
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 455)
Description
[Page 455]
[Corresponds to labeled page 404 of Will Book 3]
404
The State of Ohio Delaware County SS.
We John Cunningham and William A. Cunningham
being duly sworn in open Court this 1st day of February
A.D. 1859 depose and say that we were present at the
execution of the last will and testament of Duncan
Campbell hereto annexed that we saw the said
testator subscribe said will and heard him
publish and declare the same to be his last
will and Testament and that the said
testator at the time of executing the same
was of full age and of sound mind and
memory, and not under any restraint
and that we signed the same as witnesses
at his request and in his presence and in
the presence of each other
John Cunningham
W. A. Cunningham
Sworn to and subscribed before me this 1st
day of Feb'y A.D. 1859
I. Ranney Probate Judge
[Corresponds to labeled page 404 of Will Book 3]
404
The State of Ohio Delaware County SS.
We John Cunningham and William A. Cunningham
being duly sworn in open Court this 1st day of February
A.D. 1859 depose and say that we were present at the
execution of the last will and testament of Duncan
Campbell hereto annexed that we saw the said
testator subscribe said will and heard him
publish and declare the same to be his last
will and Testament and that the said
testator at the time of executing the same
was of full age and of sound mind and
memory, and not under any restraint
and that we signed the same as witnesses
at his request and in his presence and in
the presence of each other
John Cunningham
W. A. Cunningham
Sworn to and subscribed before me this 1st
day of Feb'y A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 456)
Description
[Page 456]
[Corresponds to labeled page 405 of Will Book 3]
Last Will and Testament of Gilbert Smith Dec'd 405
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware County and
State of Ohio at his Office in the Town of Delaware
on the 16th day of February A.D. 1859
The last Will and Testament of Gilbert Smith. late of Del-
aware County Ohio deceased was this day produced in
open Court and duly proven by the testimony of the
subscribing witnesses thereto viz William Smith
and William Robinson witnesses to said will (as
reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all,
I, Gilbert Smith being weak in body but strong in
mind and of Lawful age do make and publish this
my last will and and testament - first. I will my
farm that I now live upon lying in the County of
Delaware and State of Ohio together with as much
of my movable property as the farm will support
at my death to remain as it is at that time for five
years after my death. I will to appoint my wife
Nelly Smith trustee for said property during said
term of five years provid she remains my widow and
to take charge of my farm and property during said
term at the expiration of said five years above named
I will to have sett off to my wife Nelly Smith her
lawful dower including the house we now live in
with the fixtures around it and the remainder of said
farm and movable property if they think best to be
Sold and out of the proceeds of that sale I will my
oldest Son Charles B. Smith Three hundred dollars and
my daughter Amanda I will three hundred dollars
to be paid out of the proceeds of said sale of said farm
And the remainder of my property or money I will to
be divided equally between my other five children
viz Laura, Julia, Catharine, David and Cicero
And I do hereby nominate and appoint J. N. Wells
Executor of this my last will and testament hereby auth-
orizing and empowering him to compromise adjust release
and discharge in such manner as he may deem proper
the debts and claims due me. I do also authorize
him to sell said property above named when it became
necessary as above described
In testimony hereof I have hereunto set my hand
[Corresponds to labeled page 405 of Will Book 3]
Last Will and Testament of Gilbert Smith Dec'd 405
Proceedings had before Hon. I. Ranney Probate Judge
within and for the County of Delaware County and
State of Ohio at his Office in the Town of Delaware
on the 16th day of February A.D. 1859
The last Will and Testament of Gilbert Smith. late of Del-
aware County Ohio deceased was this day produced in
open Court and duly proven by the testimony of the
subscribing witnesses thereto viz William Smith
and William Robinson witnesses to said will (as
reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of all,
I, Gilbert Smith being weak in body but strong in
mind and of Lawful age do make and publish this
my last will and and testament - first. I will my
farm that I now live upon lying in the County of
Delaware and State of Ohio together with as much
of my movable property as the farm will support
at my death to remain as it is at that time for five
years after my death. I will to appoint my wife
Nelly Smith trustee for said property during said
term of five years provid she remains my widow and
to take charge of my farm and property during said
term at the expiration of said five years above named
I will to have sett off to my wife Nelly Smith her
lawful dower including the house we now live in
with the fixtures around it and the remainder of said
farm and movable property if they think best to be
Sold and out of the proceeds of that sale I will my
oldest Son Charles B. Smith Three hundred dollars and
my daughter Amanda I will three hundred dollars
to be paid out of the proceeds of said sale of said farm
And the remainder of my property or money I will to
be divided equally between my other five children
viz Laura, Julia, Catharine, David and Cicero
And I do hereby nominate and appoint J. N. Wells
Executor of this my last will and testament hereby auth-
orizing and empowering him to compromise adjust release
and discharge in such manner as he may deem proper
the debts and claims due me. I do also authorize
him to sell said property above named when it became
necessary as above described
In testimony hereof I have hereunto set my hand
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 457)
Description
[Page 457]
[Corresponds to labeled page 406 of Will Book 3]
406 Last Will and Testament of Gilbert Smith dec'd
and seal this 27th day of September A.D. 1858
Gilbert Smith {Seal}
Signed and acknowledged by said Gilbert Smith as his last
will and testament in our presents and signed by us
Wm. Smith
William Robinson
The State of Ohio Delaware County SS.
We Wm. Smith and Wm. Robinson being duly
sworn in open Court this 16th day of Feb'y A.D. 1859
depose and say that we were present at the
execution of the last will and testament of
Gilbert Smith hereto annexed that we saw the
said testator subscribe said will and heard
him publish and declare the same to be his
last will and testament and that the said
at the time of executing the same was of full
age, and of sound mind and memory and
not under any restraint and that we sig-
ned the same as witnesses at his request and
in his presence, and in the presence of each
other William Robinson
William Smith
Sworn to and subscribed before this 16th day of Feb'y
A.D. 1859 I. Ranney Probate Judge
[Corresponds to labeled page 406 of Will Book 3]
406 Last Will and Testament of Gilbert Smith dec'd
and seal this 27th day of September A.D. 1858
Gilbert Smith {Seal}
Signed and acknowledged by said Gilbert Smith as his last
will and testament in our presents and signed by us
Wm. Smith
William Robinson
The State of Ohio Delaware County SS.
We Wm. Smith and Wm. Robinson being duly
sworn in open Court this 16th day of Feb'y A.D. 1859
depose and say that we were present at the
execution of the last will and testament of
Gilbert Smith hereto annexed that we saw the
said testator subscribe said will and heard
him publish and declare the same to be his
last will and testament and that the said
at the time of executing the same was of full
age, and of sound mind and memory and
not under any restraint and that we sig-
ned the same as witnesses at his request and
in his presence, and in the presence of each
other William Robinson
William Smith
Sworn to and subscribed before this 16th day of Feb'y
A.D. 1859 I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 458)
Description
[Page 458]
[Corresponds to labeled page 407 of Will Book 3]
Last Will and Testament of Daviel D. L. More dec'd 407
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware and State of Ohio at his Office in the Town
of Delaware on the 14th day of March A.D. 1859.
Matter of the Last will etc of Dan'l D. L. More
An authenticated copy of the last will & Tes-
tament of Daniel D. L. More late of the County of Albany and
State of New York was this day produced in open Court by C.
Sweetser Esqr. and if appearing to the satisfaction of the Court
that the said Will has been proved in said State of New
York according to the laws of said State and that sd will
has relation to property within the said County of Delaware
Therefore on Motion it is ordered by the Court that the
said authenticated copy thereof be recorded in the Record of
Wills for said County of Delaware Ohio.
I. Ranney Prob. Judge
Authenticated Copy
The Last Will & Testament of Daniel D. L. More
Proved & Recorded Aug 3rd 1858 as a Will relating to both real
and personal Estate.
In the name of God Amen.
I Daniel D. L. More of the town of Wateroliet County of
Albany, being of sound mind and memory do make ordain
& publish this my last will and testament.
First - After payment of all my debts & funeral expenses I give
devise and bequeath unto my wife Amaryllis More one
half of all my real & personal estate to be accepted and
received by her in lieu of dower
Second, I give and bequeath all the rest residue and remainder
of all my real and personal estate to my sons Iram
B. More, Edgar B. More, Charles B. More and William
W. More and to my daughters Mary G. More and
Caroline More to be divided equally between them share
and share alike
And Lastly. I make nominate and appoint my son Iram
B. More and my friend John B. Saunders Executors and
my wife Amaryllis More Executrix of this my last will
and testament hereby giving them full power and authority
to sell, convey, mortgage and lease such portions of my
real or personal estate as they, or those of them who may
qualify or accpet this appointment, or the majority of
them may in their judgment deem necessary or best
to pay my debts.
And I make my said Executors and Executrix or those of
[Corresponds to labeled page 407 of Will Book 3]
Last Will and Testament of Daviel D. L. More dec'd 407
Proceedings had before Hon. I. Ranney Probate Judge within and for
the County of Delaware and State of Ohio at his Office in the Town
of Delaware on the 14th day of March A.D. 1859.
Matter of the Last will etc of Dan'l D. L. More
An authenticated copy of the last will & Tes-
tament of Daniel D. L. More late of the County of Albany and
State of New York was this day produced in open Court by C.
Sweetser Esqr. and if appearing to the satisfaction of the Court
that the said Will has been proved in said State of New
York according to the laws of said State and that sd will
has relation to property within the said County of Delaware
Therefore on Motion it is ordered by the Court that the
said authenticated copy thereof be recorded in the Record of
Wills for said County of Delaware Ohio.
I. Ranney Prob. Judge
Authenticated Copy
The Last Will & Testament of Daniel D. L. More
Proved & Recorded Aug 3rd 1858 as a Will relating to both real
and personal Estate.
In the name of God Amen.
I Daniel D. L. More of the town of Wateroliet County of
Albany, being of sound mind and memory do make ordain
& publish this my last will and testament.
First - After payment of all my debts & funeral expenses I give
devise and bequeath unto my wife Amaryllis More one
half of all my real & personal estate to be accepted and
received by her in lieu of dower
Second, I give and bequeath all the rest residue and remainder
of all my real and personal estate to my sons Iram
B. More, Edgar B. More, Charles B. More and William
W. More and to my daughters Mary G. More and
Caroline More to be divided equally between them share
and share alike
And Lastly. I make nominate and appoint my son Iram
B. More and my friend John B. Saunders Executors and
my wife Amaryllis More Executrix of this my last will
and testament hereby giving them full power and authority
to sell, convey, mortgage and lease such portions of my
real or personal estate as they, or those of them who may
qualify or accpet this appointment, or the majority of
them may in their judgment deem necessary or best
to pay my debts.
And I make my said Executors and Executrix or those of
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 459)
Description
[Page 459]
[Corresponds to labeled page 408 of Will Book 3]
408 Last Will and testament of Dan'l D. L. More dec'd
them who may qualify or accept this appointment
trustees of my infant children during their minority
giving to them like powers of sale mortgaging leasing
my real & personal estate as is above given them as Exec-
utors & Executrix to be exercised as they or the majority of
them deem best calculated to promote the interest of my
said estate during the minority of my said infant children
And I hereby revoke all former wills & testaments made
by me at any time heretofore, and declare this only to be my
last will and testament
In witness whereof I have hereunto set my and
seal this thirtieth (30th) day of July in the year one thousand
eight hundred and fifty eight.
D. D. L. More {Seal}
Signed sealed published and declared
by the said testator Daniel D. L. More as
and for his last will and testament in
our presence and said testator requested
us to sign the said last will & testament
as witnesses and we have in the presence
of said testator & in the presence of each
other signed our names hereto as witnesses
A. V. DeWitt of the City of Albany
J. C. Johnson of the City of Albany
Tho's E. Lewis of the town of Wateroleit
County of Albany SS. James C. Johnson of the city and
County of Albany and Abraham V. DeWitt of the city of Albany
in the County of Albany and Thomas E. Lewis of the town of
Wateroleit in the County of Albany being first duly sworn in open
Court to depose and say and each for himself deposeth and
saith, that he is a subscribing witness to the instrument now
shown to him purporting to be the last will and testament of
Daniel D. L. More of the town of Wateroliet in the County of Albany
That the said Daniel D. L. More did in the presence of this
deponent subscribed his name at the end of the instrument
which is now shown and exhibited to this deponent as afore-
said and which purports to be the last will and testament of
the said Daniel D. L. More and which bears date on the
thirtieth day of July in the year of our Lord one thousand
eight hundred and fifty eight. And this deponent further
saith that the said Daneil D. L. More, the said testator did
at the said time of subscribing his name as aforesaid at
the end of the said will declare the said instrument so sub-
scribed and now exhibited to be his last will and testament
and this deponent did thereupon subscribe his name at the
[Corresponds to labeled page 408 of Will Book 3]
408 Last Will and testament of Dan'l D. L. More dec'd
them who may qualify or accept this appointment
trustees of my infant children during their minority
giving to them like powers of sale mortgaging leasing
my real & personal estate as is above given them as Exec-
utors & Executrix to be exercised as they or the majority of
them deem best calculated to promote the interest of my
said estate during the minority of my said infant children
And I hereby revoke all former wills & testaments made
by me at any time heretofore, and declare this only to be my
last will and testament
In witness whereof I have hereunto set my and
seal this thirtieth (30th) day of July in the year one thousand
eight hundred and fifty eight.
D. D. L. More {Seal}
Signed sealed published and declared
by the said testator Daniel D. L. More as
and for his last will and testament in
our presence and said testator requested
us to sign the said last will & testament
as witnesses and we have in the presence
of said testator & in the presence of each
other signed our names hereto as witnesses
A. V. DeWitt of the City of Albany
J. C. Johnson of the City of Albany
Tho's E. Lewis of the town of Wateroleit
County of Albany SS. James C. Johnson of the city and
County of Albany and Abraham V. DeWitt of the city of Albany
in the County of Albany and Thomas E. Lewis of the town of
Wateroleit in the County of Albany being first duly sworn in open
Court to depose and say and each for himself deposeth and
saith, that he is a subscribing witness to the instrument now
shown to him purporting to be the last will and testament of
Daniel D. L. More of the town of Wateroliet in the County of Albany
That the said Daniel D. L. More did in the presence of this
deponent subscribed his name at the end of the instrument
which is now shown and exhibited to this deponent as afore-
said and which purports to be the last will and testament of
the said Daniel D. L. More and which bears date on the
thirtieth day of July in the year of our Lord one thousand
eight hundred and fifty eight. And this deponent further
saith that the said Daneil D. L. More, the said testator did
at the said time of subscribing his name as aforesaid at
the end of the said will declare the said instrument so sub-
scribed and now exhibited to be his last will and testament
and this deponent did thereupon subscribe his name at the
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 460)
Description
[Page 460]
[Corresponds to labeled page 409 of Will Book 3]
Last Will and Testament of Daniel D. L. More dec'd 409
end of the said will as an attesting witness thereto and at the
request of the said estator. And this deponent further saith
that at the said time when the said testator subscribed
his name to the said last will as aforesaid and at the time
of the deponents subscribing his name as an attesting witness
thereto as aforesaid the said Daniel D. L. More was of sound
mind and memory of full age to execute a will and
was not under any restraint to the knowledge informa-
tion or belief of this deponent. And further these deponents
say not J. C. Johnson
A. V. DeWitt
Sworn and subscribed this third } Tho's E. Lewis
day of August 1858 before me }
J. A. McKown
Surrogate
Albany County
Surrogat Court SS. I, J. A. McKown Surrogate of the
County of Albany do hereby certify
the foregoing to be a true copy and record of the last will and
testament of Daniel D. L. More late of the town of Water-
oliet Albany County deceased propounded for probate
and proved before me as a will relating to both real
and personal estate and the proofs and examinations
taken in relation thereto
J. A. McKown
Surrogate
The people of the State of New York by the Grace of God
Free and Independent:
To all to whom these presents shall come or may concern.
Send Greeting:
Know Ye, That at the city of Albany in
the County of Albany on the third day of August in the
year of our Lord one thousand eight hundred and
fifty eight before J. A. McKown Surrogate of our said
County, the last will and Testament of Daniel D. L. More
deceased (a copy whereof is hereto annexed) was proved
and is now approved and allowed of by us: and the
said deceased having whilst he lived and at the time
of his death, goods, chattels, or credits within the State
by means whereof the proving and registering the said Will
and granting administration of all and singular the
said goods, chattels, and credits, and also the auditing, allow-
ing and final discharging the account thereof doth belong unto
us: the administration of all and singular the goods.
[Corresponds to labeled page 409 of Will Book 3]
Last Will and Testament of Daniel D. L. More dec'd 409
end of the said will as an attesting witness thereto and at the
request of the said estator. And this deponent further saith
that at the said time when the said testator subscribed
his name to the said last will as aforesaid and at the time
of the deponents subscribing his name as an attesting witness
thereto as aforesaid the said Daniel D. L. More was of sound
mind and memory of full age to execute a will and
was not under any restraint to the knowledge informa-
tion or belief of this deponent. And further these deponents
say not J. C. Johnson
A. V. DeWitt
Sworn and subscribed this third } Tho's E. Lewis
day of August 1858 before me }
J. A. McKown
Surrogate
Albany County
Surrogat Court SS. I, J. A. McKown Surrogate of the
County of Albany do hereby certify
the foregoing to be a true copy and record of the last will and
testament of Daniel D. L. More late of the town of Water-
oliet Albany County deceased propounded for probate
and proved before me as a will relating to both real
and personal estate and the proofs and examinations
taken in relation thereto
J. A. McKown
Surrogate
The people of the State of New York by the Grace of God
Free and Independent:
To all to whom these presents shall come or may concern.
Send Greeting:
Know Ye, That at the city of Albany in
the County of Albany on the third day of August in the
year of our Lord one thousand eight hundred and
fifty eight before J. A. McKown Surrogate of our said
County, the last will and Testament of Daniel D. L. More
deceased (a copy whereof is hereto annexed) was proved
and is now approved and allowed of by us: and the
said deceased having whilst he lived and at the time
of his death, goods, chattels, or credits within the State
by means whereof the proving and registering the said Will
and granting administration of all and singular the
said goods, chattels, and credits, and also the auditing, allow-
ing and final discharging the account thereof doth belong unto
us: the administration of all and singular the goods.
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 461)
Description
[Page 461]
[Corresponds to labeled page 410 of Will Book 3]
410 Last Will and Testament of Daniel D. L. More dec'd
chattels and credits of the said deceased and any way
concerning his Will is granted unto Amaryllis More
and Iram B. More Executrix and Executor in the
said will named, they having first taken and sub-
scribed on oath before the said Surrogate faithfully
and honestly to discharge the duties of such Executrix &
Executor hereby requiring you the said Amaryllis More and
Iram B. More to make or cause to be made, a true and
perfect inventory of all and singular the goods chattels
and credits of the said deeased, which have or shall come
to your hands, possession or knowledge, as also to make or
cause to be made, duplicates of such inventory, and
cause the same to be signed by the appraisers, and the
same so made and 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 J. A. McKown
Esquire, Surrogate of the said County at the
{L S}
City of Albany in said County on the
third day of August in the year of our
Lord one thousand eight hundred and fifty
eight J. A. McKown
Surrogate
State of New York }
County of Albany }
Surrogates Office SS. }
I, James A. McKown Surrogate of
the County of Albany do hereby certify that the foregoing
Copy Record of the last will and testament of Daniel
D. L. More late of the town of Wateroliet, Albany County
deceased, and the proofs taken in relation thereto and
the Letters testamentary thereof have been compared
with the originals and that the said last will was
duly proved before the Surrogate of the County of Albany
according to law as a will relating to both real and
personal estate and Recorded in Book of Wills Vol 26 pages
318 & 319 and that letters testamentary thereof were on
the same day duly issued and granted to Amaryllis
More and Iram B. More they having first taken the
required oath and I further certify that John B. Sanders
the other Executor named in the said Will has renounced
his right and claim to letters testamentary of said will
[Corresponds to labeled page 410 of Will Book 3]
410 Last Will and Testament of Daniel D. L. More dec'd
chattels and credits of the said deceased and any way
concerning his Will is granted unto Amaryllis More
and Iram B. More Executrix and Executor in the
said will named, they having first taken and sub-
scribed on oath before the said Surrogate faithfully
and honestly to discharge the duties of such Executrix &
Executor hereby requiring you the said Amaryllis More and
Iram B. More to make or cause to be made, a true and
perfect inventory of all and singular the goods chattels
and credits of the said deeased, which have or shall come
to your hands, possession or knowledge, as also to make or
cause to be made, duplicates of such inventory, and
cause the same to be signed by the appraisers, and the
same so made and 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 J. A. McKown
Esquire, Surrogate of the said County at the
{L S}
City of Albany in said County on the
third day of August in the year of our
Lord one thousand eight hundred and fifty
eight J. A. McKown
Surrogate
State of New York }
County of Albany }
Surrogates Office SS. }
I, James A. McKown Surrogate of
the County of Albany do hereby certify that the foregoing
Copy Record of the last will and testament of Daniel
D. L. More late of the town of Wateroliet, Albany County
deceased, and the proofs taken in relation thereto and
the Letters testamentary thereof have been compared
with the originals and that the said last will was
duly proved before the Surrogate of the County of Albany
according to law as a will relating to both real and
personal estate and Recorded in Book of Wills Vol 26 pages
318 & 319 and that letters testamentary thereof were on
the same day duly issued and granted to Amaryllis
More and Iram B. More they having first taken the
required oath and I further certify that John B. Sanders
the other Executor named in the said Will has renounced
his right and claim to letters testamentary of said will
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 462)
Description
[Page 462]
[Corresponds to labeled page 411 of Will Book 3]
Last Will and Testament of Daniel D. L. More deceased 411
which renunciation is Recorded in this office
In testimony whereof I have hereunto set my
hand and affixed my official seal at the
{Seal} City of Albany this seventh day of March
A.D. 1859
J. A. McKown Surogate
United States of American
by
Edwin D. Morgan
Governor of the State of New York
It is here Certified that J. A. McKown was on the day of
the date of the annexed certificate Surrogate of the
{Great Seal of } County of Albany in this State duly authorized
{the State of } to grant the same that the seal and signature to said
{New York } Certificate are the seal and signature of said
Surrogate and are genuine that full faith
and Credit may and ought to be given to his
Official acts
In Testimony whereof the Court Seal of the State is hereunto
affixed, Witness my hand at the City of Albany the Ninth
day of March in the year of our Lord one thousand eight
hundred and fifty nine
E. D. Morgan
Passed the Secretarys Office }
the 9th day of Mch 1859 }
S. w. Morton
Dep. Sec'y of State
[Corresponds to labeled page 411 of Will Book 3]
Last Will and Testament of Daniel D. L. More deceased 411
which renunciation is Recorded in this office
In testimony whereof I have hereunto set my
hand and affixed my official seal at the
{Seal} City of Albany this seventh day of March
A.D. 1859
J. A. McKown Surogate
United States of American
by
Edwin D. Morgan
Governor of the State of New York
It is here Certified that J. A. McKown was on the day of
the date of the annexed certificate Surrogate of the
{Great Seal of } County of Albany in this State duly authorized
{the State of } to grant the same that the seal and signature to said
{New York } Certificate are the seal and signature of said
Surrogate and are genuine that full faith
and Credit may and ought to be given to his
Official acts
In Testimony whereof the Court Seal of the State is hereunto
affixed, Witness my hand at the City of Albany the Ninth
day of March in the year of our Lord one thousand eight
hundred and fifty nine
E. D. Morgan
Passed the Secretarys Office }
the 9th day of Mch 1859 }
S. w. Morton
Dep. Sec'y of State
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 463)
Description
[Page 463]
[Corresponds to labeled page 412 of Will Book 3]
412 Last Will and Testament of Joseph Lawrence dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 22nd day of March, A.D. 1859.
The last Will and Testament of Joseph Lawrence late of Del-
aware County Ohio deceased was this day produced in open
Court and duly proven by the testimony of the subscribing wit-
nessese thereto viz Joseph Dodds and Ezekiel Rogers witnesses
to said will (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of All.
I, Joseph Lawrence of the County of Delaware and
State of Ohio, do make and publish this my last will and
testament.
Item I. It is my will that after my just debts are paid
that my property of every description both real and personal
or the proceeds thereof be divided as follows.
Item II. I will to my son James S. seven hundred & ninety
eight 33-1/2/100 dollars
Item III. To my son John W. the same amount. To my son
Joseph S. my daughters Rosannah C. wife of William Dean and
Eleanor J. wife of Hiram Bean, and Emily S. wife of John Chen-
oworth each the same amount and to my daughter Maria
B. wife of Luther Gabriel four hundred dollars. To Mary Smith
wife of Joseph Smith living in Hardin County Ohio one hundred
dollars. To Eleanor Porter wife of William Porter in Marysville
Marion County Ohio one hundred dollars (the two last named are
my sisters) And to my son Milo H. Two hundred dollars.
It is however understood that the amount before named which
is willed to my daughters Eleanor J. Maria B. Emily S. and
Rosannah C. as aforementioned go them alone and fully subject
to their entire disposal in such manner as they may think fit.
It is further my will that if said Eleanor Porter die before my
land is put to sale as hereafter provided or if said Mary
Smith die before my land is put to sale, that said amount
hereby willed to said Eleanor Porter and said Mary Smith then
that the amount willed to the one that dies before said time go to
my children in common.
It is further my will that the farm on which I now
reside of about one hundred and fifty six acres and all my
real estate be not sold until six years after my decease (said
farm of 156 acres) is the one on which I now reside.
I except from the above what is known as the "church" on
[Corresponds to labeled page 412 of Will Book 3]
412 Last Will and Testament of Joseph Lawrence dec'd
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 22nd day of March, A.D. 1859.
The last Will and Testament of Joseph Lawrence late of Del-
aware County Ohio deceased was this day produced in open
Court and duly proven by the testimony of the subscribing wit-
nessese thereto viz Joseph Dodds and Ezekiel Rogers witnesses
to said will (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as follows
Copy of Will
In the name of the Benevolent Father of All.
I, Joseph Lawrence of the County of Delaware and
State of Ohio, do make and publish this my last will and
testament.
Item I. It is my will that after my just debts are paid
that my property of every description both real and personal
or the proceeds thereof be divided as follows.
Item II. I will to my son James S. seven hundred & ninety
eight 33-1/2/100 dollars
Item III. To my son John W. the same amount. To my son
Joseph S. my daughters Rosannah C. wife of William Dean and
Eleanor J. wife of Hiram Bean, and Emily S. wife of John Chen-
oworth each the same amount and to my daughter Maria
B. wife of Luther Gabriel four hundred dollars. To Mary Smith
wife of Joseph Smith living in Hardin County Ohio one hundred
dollars. To Eleanor Porter wife of William Porter in Marysville
Marion County Ohio one hundred dollars (the two last named are
my sisters) And to my son Milo H. Two hundred dollars.
It is however understood that the amount before named which
is willed to my daughters Eleanor J. Maria B. Emily S. and
Rosannah C. as aforementioned go them alone and fully subject
to their entire disposal in such manner as they may think fit.
It is further my will that if said Eleanor Porter die before my
land is put to sale as hereafter provided or if said Mary
Smith die before my land is put to sale, that said amount
hereby willed to said Eleanor Porter and said Mary Smith then
that the amount willed to the one that dies before said time go to
my children in common.
It is further my will that the farm on which I now
reside of about one hundred and fifty six acres and all my
real estate be not sold until six years after my decease (said
farm of 156 acres) is the one on which I now reside.
I except from the above what is known as the "church" on
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 464)
Description
[Page 464]
[Corresponds to labeled page 413 of Will Book 3]
Last Will and Testament of Joseph Lawrence dec'd 413
meeting house lot of about five acres and that my executor take
charge of the renting and working said farm during said term
of six years and divide the proceeds arising therefrom among the
following children (except what may be necessary to pay debts)
to wit, Eleanor J. John W. James S. Emily S. Rosannah C. and
Joseph S.
It is further my will that at the end of said six years after
my decease that said farm and all my real estate (except
as before excepted) be sold and the proceeds be applied to
the payment of the aforesaid legacies and if the proceeds
fall short of the before named amount then that they be
paid in proportion to the amount respectively willed.
And also the balance to be be divided in the same proportion
if it exceeds said amounts.
The law making ample provision for my wife I make
none here.
I hereby nominate and appoint my son James S. Law-
rence my Executor authorizing him to pay off my debts
and to receive the debts that may be my due and
collect the same if necessary and to do all things necess-
ary for the full and final settlement of my estate and if
necessary to sell my personal property to pay my debts
without the expense of an order of Court or real estate ether
let it be sold without an order of Court.
It is however to be understood that if I sell and convey to my
son James S. about ten acres (with regard to which a partial
contract has been made between us) of the north east corner of
my farm before described of 156 acres and that if said sale
is made between us then the residue is only subject to the
provisions of this will and that this will and its pro-
visions are in no manner revoked
I hereby revoke all former wills by me made.
It is my sincere desire that my son Joseph Samuel shall
after my death confine himself to such reading as may
tend to the improvement of his morals
In testimony whereof I hereto set my hand and
seal this 7th day of March A.D. 1859
Joseph Lawrence {Seal}
Signed and acknowledged by said }
Joseph Lawrence as his last will and }
testament in our presence and signed by }
us in his presence }
Joseph Dodds }
Ezekiel Rodgers }
[Corresponds to labeled page 413 of Will Book 3]
Last Will and Testament of Joseph Lawrence dec'd 413
meeting house lot of about five acres and that my executor take
charge of the renting and working said farm during said term
of six years and divide the proceeds arising therefrom among the
following children (except what may be necessary to pay debts)
to wit, Eleanor J. John W. James S. Emily S. Rosannah C. and
Joseph S.
It is further my will that at the end of said six years after
my decease that said farm and all my real estate (except
as before excepted) be sold and the proceeds be applied to
the payment of the aforesaid legacies and if the proceeds
fall short of the before named amount then that they be
paid in proportion to the amount respectively willed.
And also the balance to be be divided in the same proportion
if it exceeds said amounts.
The law making ample provision for my wife I make
none here.
I hereby nominate and appoint my son James S. Law-
rence my Executor authorizing him to pay off my debts
and to receive the debts that may be my due and
collect the same if necessary and to do all things necess-
ary for the full and final settlement of my estate and if
necessary to sell my personal property to pay my debts
without the expense of an order of Court or real estate ether
let it be sold without an order of Court.
It is however to be understood that if I sell and convey to my
son James S. about ten acres (with regard to which a partial
contract has been made between us) of the north east corner of
my farm before described of 156 acres and that if said sale
is made between us then the residue is only subject to the
provisions of this will and that this will and its pro-
visions are in no manner revoked
I hereby revoke all former wills by me made.
It is my sincere desire that my son Joseph Samuel shall
after my death confine himself to such reading as may
tend to the improvement of his morals
In testimony whereof I hereto set my hand and
seal this 7th day of March A.D. 1859
Joseph Lawrence {Seal}
Signed and acknowledged by said }
Joseph Lawrence as his last will and }
testament in our presence and signed by }
us in his presence }
Joseph Dodds }
Ezekiel Rodgers }
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 465)
Description
[Page 465]
[Correspnds to labeled page 414 of Will Book 3]
414 Last Will and Testament of Joseph Lawrence dec'd
The State of Ohio Delaware County SS.
We, Joseph Dodds & Ezekiel Rogers being duly sworn in open
Court this 22nd day of March A.D. 1859 depose and say that we
were present at the execution of the last will and testament
of Joseph Lawrence hereto annexed that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his last will and testament
and that the said testator at the time of executing the
same was of full age and of sound mind memory
and not under any restraint and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other
Joseph Dodds
Ezekiel Rodgers
Sworn to and subscribed before me this 22nd day of March A.D. 1859
I. Ranney Probate Judge
[Correspnds to labeled page 414 of Will Book 3]
414 Last Will and Testament of Joseph Lawrence dec'd
The State of Ohio Delaware County SS.
We, Joseph Dodds & Ezekiel Rogers being duly sworn in open
Court this 22nd day of March A.D. 1859 depose and say that we
were present at the execution of the last will and testament
of Joseph Lawrence hereto annexed that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his last will and testament
and that the said testator at the time of executing the
same was of full age and of sound mind memory
and not under any restraint and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other
Joseph Dodds
Ezekiel Rodgers
Sworn to and subscribed before me this 22nd day of March A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 466)
Description
[Page 466]
[Corresponds to labeled page 415 of Will Book 3]
Last Will and Testament of Nathaniel Gregory dec'd 415
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in
the Town of Delaware on the 26th day of April A.D. 1859
This day the last will and testament of Nathaniel Gregory dec'd
late of Berlin Township in said County was produced in open
Court and duly proven by the testimony of E. W. Fenton and
Silas Emerson the subscribing witnesses thereto (as reduced to
writing and filed with said will) admitted to Probate
and ordered to be recorded as follows
Copy of Will
I, Nathaniel Gregory of Berlin township Delaware County
Ohio do make and publish this my last will and testament.
1st I will give and bequeath to my son Nirum Gregory
the sum of sixteen hundred and seventy dollars to be
paid as follows to wit first a note made by the said
Nirum Gregory to me dated June 3rd 1854 for $729.32
2nd a note made by said Nirum Gregory to me dated
June 1st 1855 for ($100.) one hundred dollars and 3rd a
note made by said Nirum Gregory to me dated July
13th 1857 for the sum of two hundred dollars, now
these notes with the interest which has or may accu-
mulate is to be taken by said Nirum Gregory in payment
of the sixteen hundred and seventy dollars so far
as they go the ballance to be made up out of any
property which may be left after all special bequests
hereinafter made shall be paid.
2nd I will give and bequeath to my son Henry Gregory
the sum of sixteen hundred and seventy dollars to be
paid as follows to wit 1st a note made by the said Henry
Gregory to me dated August 20th 1855 for twelve hundred
dollars now if the said Henry Gregory shall make no
charge for my board for that time I have been with
him then it is my will that no interest shall be char-
ged to him on this note but should be charge for my
board the interest to be counted to him then according to
the reading of the note. 2nd a note made by said Henry
Gregory to me dated Oct 3rd 1856 for the sum of fifty dollars
with interest 3rd a yoke or pair of work oxen owned by me
and in the possession of the said Henry Gregory which shall
be charged to him at one hundred and thirty dollars and
the ballance to be made up out of any property which may
remain after all special bequests hereinafter made shall
be paid
3rd I give will and bequeath to my Daughter Eliza the sum
[Corresponds to labeled page 415 of Will Book 3]
Last Will and Testament of Nathaniel Gregory dec'd 415
Proceedings had before Hon. I. Ranney Probate Judge within and
for the County of Delaware and State of Ohio at his office in
the Town of Delaware on the 26th day of April A.D. 1859
This day the last will and testament of Nathaniel Gregory dec'd
late of Berlin Township in said County was produced in open
Court and duly proven by the testimony of E. W. Fenton and
Silas Emerson the subscribing witnesses thereto (as reduced to
writing and filed with said will) admitted to Probate
and ordered to be recorded as follows
Copy of Will
I, Nathaniel Gregory of Berlin township Delaware County
Ohio do make and publish this my last will and testament.
1st I will give and bequeath to my son Nirum Gregory
the sum of sixteen hundred and seventy dollars to be
paid as follows to wit first a note made by the said
Nirum Gregory to me dated June 3rd 1854 for $729.32
2nd a note made by said Nirum Gregory to me dated
June 1st 1855 for ($100.) one hundred dollars and 3rd a
note made by said Nirum Gregory to me dated July
13th 1857 for the sum of two hundred dollars, now
these notes with the interest which has or may accu-
mulate is to be taken by said Nirum Gregory in payment
of the sixteen hundred and seventy dollars so far
as they go the ballance to be made up out of any
property which may be left after all special bequests
hereinafter made shall be paid.
2nd I will give and bequeath to my son Henry Gregory
the sum of sixteen hundred and seventy dollars to be
paid as follows to wit 1st a note made by the said Henry
Gregory to me dated August 20th 1855 for twelve hundred
dollars now if the said Henry Gregory shall make no
charge for my board for that time I have been with
him then it is my will that no interest shall be char-
ged to him on this note but should be charge for my
board the interest to be counted to him then according to
the reading of the note. 2nd a note made by said Henry
Gregory to me dated Oct 3rd 1856 for the sum of fifty dollars
with interest 3rd a yoke or pair of work oxen owned by me
and in the possession of the said Henry Gregory which shall
be charged to him at one hundred and thirty dollars and
the ballance to be made up out of any property which may
remain after all special bequests hereinafter made shall
be paid
3rd I give will and bequeath to my Daughter Eliza the sum
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 467)
Description
[Page 467]
[Corresponds to labeled page 416 of Will Book 3]
416 Last Will and Testament of Nathaniel Gregory dec'd
of thirteen hundred dollars to be paid as follows to wit
first money that may or can be collected -
4th I give and bequeath to Charles Gregory my grand son
and son of my son WIlliam Gregory my Gold watch valued
at eighty dollars and (20) twenty dollars in money to be paid as
soon as collected.
5th I give will and bequeath to my grand daughter Mary
daughter of my son William Gregory my silver watch valued
at thirty five dollars and sixty five dollars in money to be
paid as soon as collected.
6th I give will and bequeath to my grand daughter
Alvira also daughter of my son William Gregory my bed
and all my beding including bedstead and consisting
in part as follows one straw bed one tick and one feather
bed (3) three pair cotton sheats pillows and pillow cases
three blankets or coverlit and all my beding whatsoever
valued at thirty five dollars and sixty five dollars in
money to be paid as soon as collected
7th I give will and bequeath to my grand son Burrel
Gregory son of my son Sherman Gregory the sum of one
hundred dollars to be paid in money as soon as collected -
8th I give will and bequeath to Helen my grand daughter
and daughter of my son Sherman Gregory the sum of
one hundred dollars to be paid in money as soon as
collected.
9th I give will and bequeath to my grand daughter
Helena also daughter of my son Sherman Gregory the
sum of one hundred dollars to be paid in money as
soon as collected.
10th After deducting all my debts and expense the
residue to be divided equally among the several heirs
named in this will.
11th It is my will that the several sums here bequeathed
should go to the one named in the will or to his or her heirs
12th It is my will that my waggon and cow and my
mare should be sold and the proceeds applied in accor-
dance with the provisions of the foregoing will.
13th I hereby nominate and appoint Elijah Fenton and
Nelson Leonard as my administrators.
In testimony hereof I have hereunto set my hand and
seal this ninth day of April A.D. 1859
Nathaniel Gregory {Seal}
Signed and acknowledged by said Nathaniel Gregory as
his last will and testament in our presence and signed by us
in his presence Silas Emerson
E. W. Fenton
[Corresponds to labeled page 416 of Will Book 3]
416 Last Will and Testament of Nathaniel Gregory dec'd
of thirteen hundred dollars to be paid as follows to wit
first money that may or can be collected -
4th I give and bequeath to Charles Gregory my grand son
and son of my son WIlliam Gregory my Gold watch valued
at eighty dollars and (20) twenty dollars in money to be paid as
soon as collected.
5th I give will and bequeath to my grand daughter Mary
daughter of my son William Gregory my silver watch valued
at thirty five dollars and sixty five dollars in money to be
paid as soon as collected.
6th I give will and bequeath to my grand daughter
Alvira also daughter of my son William Gregory my bed
and all my beding including bedstead and consisting
in part as follows one straw bed one tick and one feather
bed (3) three pair cotton sheats pillows and pillow cases
three blankets or coverlit and all my beding whatsoever
valued at thirty five dollars and sixty five dollars in
money to be paid as soon as collected
7th I give will and bequeath to my grand son Burrel
Gregory son of my son Sherman Gregory the sum of one
hundred dollars to be paid in money as soon as collected -
8th I give will and bequeath to Helen my grand daughter
and daughter of my son Sherman Gregory the sum of
one hundred dollars to be paid in money as soon as
collected.
9th I give will and bequeath to my grand daughter
Helena also daughter of my son Sherman Gregory the
sum of one hundred dollars to be paid in money as
soon as collected.
10th After deducting all my debts and expense the
residue to be divided equally among the several heirs
named in this will.
11th It is my will that the several sums here bequeathed
should go to the one named in the will or to his or her heirs
12th It is my will that my waggon and cow and my
mare should be sold and the proceeds applied in accor-
dance with the provisions of the foregoing will.
13th I hereby nominate and appoint Elijah Fenton and
Nelson Leonard as my administrators.
In testimony hereof I have hereunto set my hand and
seal this ninth day of April A.D. 1859
Nathaniel Gregory {Seal}
Signed and acknowledged by said Nathaniel Gregory as
his last will and testament in our presence and signed by us
in his presence Silas Emerson
E. W. Fenton
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 468)
Description
[Page 468]
[Corresponds to labeled page 417 of Will Book 3]
Last Will and Testament of Nathaniel Gregory dec'd 417
The State of Ohio Delaware County SS.
We Elijah W. Fenton and Silas Emerson being duly sworn
in open Court this 26th day of April A.D. 1859 depose and say
that we were present at the execution of the last will and
testament of Nathaniel Gregory hereto annexed that we
saw the said testator subscribe said will and heard him
publish and declare the same to be his last will and
testament and that the said testator at the time of
executing the same was of full age and of sound mind
and memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other
E. W. Fenton
Silas Emerson
Sworn to and subscribed before me this 26th day of
April A.D. 1859
I. Ranney Probate Judge
[Corresponds to labeled page 417 of Will Book 3]
Last Will and Testament of Nathaniel Gregory dec'd 417
The State of Ohio Delaware County SS.
We Elijah W. Fenton and Silas Emerson being duly sworn
in open Court this 26th day of April A.D. 1859 depose and say
that we were present at the execution of the last will and
testament of Nathaniel Gregory hereto annexed that we
saw the said testator subscribe said will and heard him
publish and declare the same to be his last will and
testament and that the said testator at the time of
executing the same was of full age and of sound mind
and memory and not under any restraint and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other
E. W. Fenton
Silas Emerson
Sworn to and subscribed before me this 26th day of
April A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 469)
Description
[Page 469]
[Corresponds to labeled page 418 of Will Book 3]
418 Last Will and Testament of Solomon Stein deceased
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 13th day of June A.D. 1859
This day the last will and Testament of Solomon Stein dec'd
late of Delaware Township in said County was produced in open
Court and duly proven by by the testimony of John Troutman and
William Siegfried the subscribing witnesses thereto (as reduced to
writing and filed with said will) admitted to probate and
ordered to be recorded as follows.
Copy of Will
Last Will and Testament of Solomon Stein of Delaware County
Delaware Township Ohio made and witnessed this third Day
of June in the year of our Lord & Savior Eighteen hundred and
fifty nine. after my Death my wife is to have the controll of all
my personal property and real estate as long as she goes by my
name. if she marry's again then the property that is left is to
be praised and sold and to be equaly divided amongst my three
children Sarah Elithabeth and Eliza after my death my wife is
to settle all the debts etc takes the the proceeds from the property.
Made witnessed this third day of June 1859
Witness his
William Seigfried Solomon X Stein
John Troutman mark
The State of Ohio Delaware County SS.
We John Troutman and William Seigfried being duly sworn in
open Court this 13th day of June A.D. 1859 depose and say that we
were present at the execution of the last will and testament of Sol-
omon Stein hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the same to be
his last will and testament and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other
John Troutman
William Seigfried
Sworn to and subscribed before me this 13th day of June A.D. 1859
I. Ranney Probate Judge
[Corresponds to labeled page 418 of Will Book 3]
418 Last Will and Testament of Solomon Stein deceased
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his
office in the Town of Delaware on the 13th day of June A.D. 1859
This day the last will and Testament of Solomon Stein dec'd
late of Delaware Township in said County was produced in open
Court and duly proven by by the testimony of John Troutman and
William Siegfried the subscribing witnesses thereto (as reduced to
writing and filed with said will) admitted to probate and
ordered to be recorded as follows.
Copy of Will
Last Will and Testament of Solomon Stein of Delaware County
Delaware Township Ohio made and witnessed this third Day
of June in the year of our Lord & Savior Eighteen hundred and
fifty nine. after my Death my wife is to have the controll of all
my personal property and real estate as long as she goes by my
name. if she marry's again then the property that is left is to
be praised and sold and to be equaly divided amongst my three
children Sarah Elithabeth and Eliza after my death my wife is
to settle all the debts etc takes the the proceeds from the property.
Made witnessed this third day of June 1859
Witness his
William Seigfried Solomon X Stein
John Troutman mark
The State of Ohio Delaware County SS.
We John Troutman and William Seigfried being duly sworn in
open Court this 13th day of June A.D. 1859 depose and say that we
were present at the execution of the last will and testament of Sol-
omon Stein hereto annexed that we saw the said testator subscribe
said will and heard him publish and declare the same to be
his last will and testament and that the said testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other
John Troutman
William Seigfried
Sworn to and subscribed before me this 13th day of June A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 470)
Description
[Page 470]
[Corresponds to labeled page 419 of Will Book 3]
Last Will and Testament of Richard Hennis dec'd 419
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office in the
Town of Delaware on the 18th day of June A.D. 1859.
This day the last will and Testament of Richard Hennis dec'd
late of Delaware County was produced in open Court and duly
provin by the testimony of L. W. Budd, Uriah Tippy and W. H.
Budd, the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to probate and ordered
to be recorded as follows
(Copy of Will)
In the name of the Benevolent Father of all I Richard
Hennis of the County of Delaware State of Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my beloved wife in lue of her
dower the Farm on which we now reside situated in Delaware
County Ohio and containing about eighty five acres during her
natural life and all the stock house hold goods furniture
provisions and other goods and chattles which may be thereon
at the time of my deceased during her natural life as aforesaid
She however selling so much thereof as may be suficient to
pay my just debts at the death of my said wife the real
estate aforesaid and such part of the said pearsonally
property or the proceeds thereof as may then remain uncon-
sumed and expended to be divided eaqually with my
children I also wish my wife to sell my Real estate if she
sees proper.
Item 2nd I do hereby nominate and appoint my beloved
wife Guardian of my daughters Eliza Hennis and Milian
Hennis until they arive at th age of twenty one years of age
or intermarriage but in case my wife should decease then I
nominate my esteamed friend J. A. Williams & I also ap-
point my esteamed J. A. Williams exicutror of this my last
will and testament hereby authorize and empower
him to compromise adjust releas discharge in such
manner as he may see proper the just debts due me.
In testimony whereof I have set my hand and seal 30th
of March 1859 Richard Hennis {Seal}
Signed and acknowledged by said Richard Hennis as his
las will and testimony in ower presents and signed by us
in his presents L. W. Budd
Uriah Tippy
W. N. Budd
this 30th day of
March 1859]
[Corresponds to labeled page 419 of Will Book 3]
Last Will and Testament of Richard Hennis dec'd 419
Proceedings had before Hon. I. Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office in the
Town of Delaware on the 18th day of June A.D. 1859.
This day the last will and Testament of Richard Hennis dec'd
late of Delaware County was produced in open Court and duly
provin by the testimony of L. W. Budd, Uriah Tippy and W. H.
Budd, the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to probate and ordered
to be recorded as follows
(Copy of Will)
In the name of the Benevolent Father of all I Richard
Hennis of the County of Delaware State of Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my beloved wife in lue of her
dower the Farm on which we now reside situated in Delaware
County Ohio and containing about eighty five acres during her
natural life and all the stock house hold goods furniture
provisions and other goods and chattles which may be thereon
at the time of my deceased during her natural life as aforesaid
She however selling so much thereof as may be suficient to
pay my just debts at the death of my said wife the real
estate aforesaid and such part of the said pearsonally
property or the proceeds thereof as may then remain uncon-
sumed and expended to be divided eaqually with my
children I also wish my wife to sell my Real estate if she
sees proper.
Item 2nd I do hereby nominate and appoint my beloved
wife Guardian of my daughters Eliza Hennis and Milian
Hennis until they arive at th age of twenty one years of age
or intermarriage but in case my wife should decease then I
nominate my esteamed friend J. A. Williams & I also ap-
point my esteamed J. A. Williams exicutror of this my last
will and testament hereby authorize and empower
him to compromise adjust releas discharge in such
manner as he may see proper the just debts due me.
In testimony whereof I have set my hand and seal 30th
of March 1859 Richard Hennis {Seal}
Signed and acknowledged by said Richard Hennis as his
las will and testimony in ower presents and signed by us
in his presents L. W. Budd
Uriah Tippy
W. N. Budd
this 30th day of
March 1859]
Title
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 471)
Description
[Page 471]
[Corresponds to labeled page 420 of Will Book 3]
420 Last Will and Testament of Richard Hennis dec'd
The State of Ohio Delaware County SS.
We L. W. Budd, Uriah Tippy and W. N. Budd
being duly sworn in open Court this 18th day of June
A.D. 1859 depose and say that we were present at
the execution of the last will and testament of Richard
Hennis hereto annexed: that we saw the said testator
subscribe said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of executing the
same was of full age and of sound mind and
memory and not under any restraint, and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other.
Wm. N. Budd
L. W. Budd
Uriah Tippy
Sworn to and subscribed before me this 18th day of June
A.D. 1859
I. Ranney Probate Judge
September 29th 1859
This day Phebe Hennis widow of sd Rich'd
Hennis dec'd appeared in open Court & being instruct-
ed by the Court as to her rights both at law & un-
der the will of her sd husband, she declared her
intention & election to take under sd will
I. Ranney Pro Judge
[Corresponds to labeled page 420 of Will Book 3]
420 Last Will and Testament of Richard Hennis dec'd
The State of Ohio Delaware County SS.
We L. W. Budd, Uriah Tippy and W. N. Budd
being duly sworn in open Court this 18th day of June
A.D. 1859 depose and say that we were present at
the execution of the last will and testament of Richard
Hennis hereto annexed: that we saw the said testator
subscribe said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of executing the
same was of full age and of sound mind and
memory and not under any restraint, and that
we signed the same as witnesses at his request and
in his presence and in the presence of each other.
Wm. N. Budd
L. W. Budd
Uriah Tippy
Sworn to and subscribed before me this 18th day of June
A.D. 1859
I. Ranney Probate Judge
September 29th 1859
This day Phebe Hennis widow of sd Rich'd
Hennis dec'd appeared in open Court & being instruct-
ed by the Court as to her rights both at law & un-
der the will of her sd husband, she declared her
intention & election to take under sd will
I. Ranney Pro Judge
Dublin Core
Title
Delaware County Ohio Will Records Vol. 3 1850-1859
Subject
Delaware County--Will Records--Ohio--1850-1859
Description
Delaware County Ohio Will Records Vol. 3 1850-1859. 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, 1850-1859
Date
1850-1859
Contributor
Delaware County Court Probate Judge: D.T. Fuller; Delaware County Court Probate Judge: I. Ranny; Clerk of Court: J.W. Clark
Rights
http://rightsstatements.org/vocab/NoC-US/1.0/
Format
Book
Language
English
Type
Still Image
Text
Text
Identifier
92961087
Collection
Citation
Decedents of Delaware County, Ohio, 1850-1859, “Delaware County Ohio Will Records Vol. 3 1850-1859,” Delaware County Memory, accessed December 25, 2024, http://66.213.124.233/items/show/73.