Delaware County Ohio Will Records Vol. 4 1859-1869
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 1)
Description
[page 1]
[corresponds to front cover of Will Records Vol. 4 - 1859-1869]
WILL
RECORD
4
1859 - 1869
[corresponds to front cover of Will Records Vol. 4 - 1859-1869]
WILL
RECORD
4
1859 - 1869
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 2)
Description
[page 2]
[corresponds to inside front cover of Will Records Vol. 4 - 1859-1869]
[corresponds to inside front cover of Will Records Vol. 4 - 1859-1869]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 3)
Description
[page 3]
[corresponds to blank red page of Will Records Vol. 4 - 1859-1869]
[corresponds to blank red page of Will Records Vol. 4 - 1859-1869]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 4)
Description
[page 4]
[corresponds to back of blank red page of Will Records Vol. 4 - 1859-1869]
[corresponds to back of blank red page of Will Records Vol. 4 - 1859-1869]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 5)
Description
[page 5]
[corresponds to page labeled AB of Will Records Vol. 4 - 1859-1869]
Will Record
4 1859 - 69
Allen Whiting decd will of will REC #4 37
Andrus Timothy ~ ~ ~ 41143
Ashburn, John's Will of 142
Andrew, Noble's Will of 210
Allbright Gottlieb F 398
Adams Rulif 431
Brown John S. decd Will of 10
Brown John C. decd Will of 30
Brown Joseph G. " " 88
Blinn Prudence " " 91
Benton Minerva's Will Case No 122 - 119
Blanchard Orange A. Will 126
Binder, Frederick's Will 129
Baker Becker, Franz Carl's Will 133
Bean Hiram's Will 150
Barrows, Orrin's Will 164
Barton Amples Will 194
Boyd Luther " 310
Bell Henry " 358 Case No. 1681
Beach Israel " 381
Barnwell Patrick 401
Benton Edward H. 407
Benton Isabella 424 Case No. 1770
Bacom Mathew 443
[corresponds to page labeled AB of Will Records Vol. 4 - 1859-1869]
Will Record
4 1859 - 69
Allen Whiting decd will of will REC #4 37
Andrus Timothy ~ ~ ~ 41143
Ashburn, John's Will of 142
Andrew, Noble's Will of 210
Allbright Gottlieb F 398
Adams Rulif 431
Brown John S. decd Will of 10
Brown John C. decd Will of 30
Brown Joseph G. " " 88
Blinn Prudence " " 91
Benton Minerva's Will Case No 122 - 119
Blanchard Orange A. Will 126
Binder, Frederick's Will 129
Baker Becker, Franz Carl's Will 133
Bean Hiram's Will 150
Barrows, Orrin's Will 164
Barton Amples Will 194
Boyd Luther " 310
Bell Henry " 358 Case No. 1681
Beach Israel " 381
Barnwell Patrick 401
Benton Edward H. 407
Benton Isabella 424 Case No. 1770
Bacom Mathew 443
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 6)
Description
[page 6]
Cross, Bazel decd will of page 1
Covell, Calvin " " " " 3
Carpenter Moses " " " " 18
Cowgill Thomas " " " " 22
Case Titus " " " " 28
Clark Robert " " " " 36
Cellar Robert McCoy " " " " 56
Cox John W " " 85
Cellar James' Will " 104
Collum Peter's will 108 & 9
Cummins, John's Will 131
Cherry James of Franklin Co.'s will Recorded 155.
Curren Isaac Will 208.
Curtis Augustus Will 229. Case No 1477
Caldwell Andrew Will 236.
Cummins Orson H. Will 240.
curtis John Will 268.
Curtiss Oliver Will 295.
Cunningham William 315
Carter Cephas Will 345
Clark Satchel " 356
Corbin Truman " 343. Case No 1728
Curtiss Marcus page 420.
Cross, Bazel decd will of page 1
Covell, Calvin " " " " 3
Carpenter Moses " " " " 18
Cowgill Thomas " " " " 22
Case Titus " " " " 28
Clark Robert " " " " 36
Cellar Robert McCoy " " " " 56
Cox John W " " 85
Cellar James' Will " 104
Collum Peter's will 108 & 9
Cummins, John's Will 131
Cherry James of Franklin Co.'s will Recorded 155.
Curren Isaac Will 208.
Curtis Augustus Will 229. Case No 1477
Caldwell Andrew Will 236.
Cummins Orson H. Will 240.
curtis John Will 268.
Curtiss Oliver Will 295.
Cunningham William 315
Carter Cephas Will 345
Clark Satchel " 356
Corbin Truman " 343. Case No 1728
Curtiss Marcus page 420.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 7)
Description
[page 7]
[corresponds to labeled page CD of Will Records Vol. 4 - 1859-1869]
Downing Eli deceased Will 16
Dildine Effy " " Case No 941 24
Davies Thomas " " 53
Davis Asher A. " " Case No 1122 90
Darst, Peter's " Will " " 1210 105
Decker, James' Will 127 " " 1244
Domigan, Enoch's Will 170.
Davis, Bela C. Will 231.
Dunham Albert D. Will 247. Case No 1518
Day Charles Will 305
Domigan William Will 371
[corresponds to labeled page CD of Will Records Vol. 4 - 1859-1869]
Downing Eli deceased Will 16
Dildine Effy " " Case No 941 24
Davies Thomas " " 53
Davis Asher A. " " Case No 1122 90
Darst, Peter's " Will " " 1210 105
Decker, James' Will 127 " " 1244
Domigan, Enoch's Will 170.
Davis, Bela C. Will 231.
Dunham Albert D. Will 247. Case No 1518
Day Charles Will 305
Domigan William Will 371
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 8)
Description
[page 8]
Eldridge Thomas H's Will 116. Case No 1225
Elmer Calvin's Will 136.
Elliott, Mrs. Margaret Will 286.
Eaton James 405
Eldridge Thomas H's Will 116. Case No 1225
Elmer Calvin's Will 136.
Elliott, Mrs. Margaret Will 286.
Eaton James 405
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 9)
Description
[page 9]
[corresponds to labeled page EF of Will Records Vol. 4 - 1859-1869]
Freese Henry Last Will & Testament dcd 31
Fairchild. Sherman's Will 110
Folk, Everhart's Will 124. Case No 1236
Fowler, Margaret's Will 166.
Finch Irvin McD.'s Will 167.
Fuller Hiram A's Will 168.
Finley, George W. Will 245
Felkner, Jacob. Will 275 Case No 1555
Freshwater, Christopher Will 296.
Frey Katharina " 333 Case No 1643
Faulkner Henry " 349 " " 1662
Fuller Mary " 360
Farrchild Huldah " 368
Freshwater John Adam " 374
Flagg Sarah " 395
[corresponds to labeled page EF of Will Records Vol. 4 - 1859-1869]
Freese Henry Last Will & Testament dcd 31
Fairchild. Sherman's Will 110
Folk, Everhart's Will 124. Case No 1236
Fowler, Margaret's Will 166.
Finch Irvin McD.'s Will 167.
Fuller Hiram A's Will 168.
Finley, George W. Will 245
Felkner, Jacob. Will 275 Case No 1555
Freshwater, Christopher Will 296.
Frey Katharina " 333 Case No 1643
Faulkner Henry " 349 " " 1662
Fuller Mary " 360
Farrchild Huldah " 368
Freshwater John Adam " 374
Flagg Sarah " 395
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 10)
Description
[page 10]
Greatreaks Oliver Last Will & Testatment p. 32
Gock Gotlieb John " " & " " 64
Griffith Anthony L " " & " " 70
Gray James " " & " " 80
Greenlee Joseph's Will 153. Case No. 1332
Gamble Media Will 196.
Gross Michael Will 199.
Gorsuch Nathan Will 226.
Gillett, James E. Will 270.
Graham John A. " 322
Gray John P. " 354
Glass Wm. " 362
Gaston William " 403
Gregg Henry 422
Geary David 426 Case No. 1768
Greatreaks Oliver Last Will & Testatment p. 32
Gock Gotlieb John " " & " " 64
Griffith Anthony L " " & " " 70
Gray James " " & " " 80
Greenlee Joseph's Will 153. Case No. 1332
Gamble Media Will 196.
Gross Michael Will 199.
Gorsuch Nathan Will 226.
Gillett, James E. Will 270.
Graham John A. " 322
Gray John P. " 354
Glass Wm. " 362
Gaston William " 403
Gregg Henry 422
Geary David 426 Case No. 1768
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 11)
Description
[page 11]
[corresponds to labeled page GH of Will Records Vol. 4 - 1859-1869]
High Benjamin Last Will & Testament p 42
Holly Benjamin " " & " " 72
Humphreys Evan decd " " & " " 81
Harrison Isaac decd " " " " " 95
Hults, Jesse's Will 107
Hovey, Sophia's Will 119
Haslett Harvey's (John) Will 122. Case No. 1238
Holt, John's Will 147.
Hadley Thomas' Will 187.
Harden Isaac Will 192.
Harris, Sumner Will 228.
Hubbard, Horace D. Will 253.
Homer Fitz Henry. Will recorded 255.
Harter Laura P. Will 292.
Hoy Peter " 327
Howalt Andrew 411
Harrison Mrs Comfort 433
Houseworth Mrs Sophronia 441. Case No 1808
[corresponds to labeled page GH of Will Records Vol. 4 - 1859-1869]
High Benjamin Last Will & Testament p 42
Holly Benjamin " " & " " 72
Humphreys Evan decd " " & " " 81
Harrison Isaac decd " " " " " 95
Hults, Jesse's Will 107
Hovey, Sophia's Will 119
Haslett Harvey's (John) Will 122. Case No. 1238
Holt, John's Will 147.
Hadley Thomas' Will 187.
Harden Isaac Will 192.
Harris, Sumner Will 228.
Hubbard, Horace D. Will 253.
Homer Fitz Henry. Will recorded 255.
Harter Laura P. Will 292.
Hoy Peter " 327
Howalt Andrew 411
Harrison Mrs Comfort 433
Houseworth Mrs Sophronia 441. Case No 1808
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 12)
Description
[page 12]
[corresponds to back of page labeled GH]
[corresponds to back of page labeled GH]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 13)
Description
[page 13]
[corresponds to page labeled IJ]
Jones, John's Will 115
Jamison, Robert's Will 137.
Jones, Ishmael Will 161.
John P. Jones Will 172.
Jones, David P. Will 174.
James Harry's Will 189. Case No 1419
Jewett James D. Will 294. Case No 1586
Joy Wilder 384.
Jack Andrew 416 Case No 1778
[corresponds to page labeled IJ]
Jones, John's Will 115
Jamison, Robert's Will 137.
Jones, Ishmael Will 161.
John P. Jones Will 172.
Jones, David P. Will 174.
James Harry's Will 189. Case No 1419
Jewett James D. Will 294. Case No 1586
Joy Wilder 384.
Jack Andrew 416 Case No 1778
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 14)
Description
[page 14]
Kyle. Rebecca D. decd will of page 2
King, Julia " " " " 5
Knapp Shubael W. " " " " 20
Karr Watson " " " " 27
Kepler Mary Ann " " " " 40
Knox, Titus Will 241.
Kyle. Rebecca D. decd will of page 2
King, Julia " " " " 5
Knapp Shubael W. " " " " 20
Karr Watson " " " " 27
Kepler Mary Ann " " " " 40
Knox, Titus Will 241.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 15)
Description
[page 15]
[corresponds to labeled page KL of Will Records Vol. 4 - 1859-1869]
Long John N. decd Record of Will 8
Love Leonard J. " " " " 25
Leonard Samuel " " " " 45
Lawrence Philip " " " " 309
Leak Elizabeth " " " " 329
[corresponds to labeled page KL of Will Records Vol. 4 - 1859-1869]
Long John N. decd Record of Will 8
Love Leonard J. " " " " 25
Leonard Samuel " " " " 45
Lawrence Philip " " " " 309
Leak Elizabeth " " " " 329
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 16)
Description
[page 16]
Maize Francis deceased Will of Page 12
Martin Sarah ~ ~ ~ ~ 47
McCoy Thos W ~ ~ ~ ~ 49
Morgan, William. deceased " " " 61
McFalls James " Case No 1079 " 79
McCoy Elizabeth decd Will of Page 100.
Mathias John Will record 186.
McAllister Abdiel Will 205. Case No 1431
Main Thomas Will 222.
Myers, John G. Will 224. Case No 1486
Moors, Sidney Will 248.
Martin William Will 301
Myers Samuel N Will 306 Case No 1599
Michell Tobias H. " 318 " " 1619
McCutchen Alexander " 339
McCutcheon Hodge page 418
Main Sabeers 437
Mantor Major 439 Case No 4143
Moses Salmon 443
Maize Francis deceased Will of Page 12
Martin Sarah ~ ~ ~ ~ 47
McCoy Thos W ~ ~ ~ ~ 49
Morgan, William. deceased " " " 61
McFalls James " Case No 1079 " 79
McCoy Elizabeth decd Will of Page 100.
Mathias John Will record 186.
McAllister Abdiel Will 205. Case No 1431
Main Thomas Will 222.
Myers, John G. Will 224. Case No 1486
Moors, Sidney Will 248.
Martin William Will 301
Myers Samuel N Will 306 Case No 1599
Michell Tobias H. " 318 " " 1619
McCutchen Alexander " 339
McCutcheon Hodge page 418
Main Sabeers 437
Mantor Major 439 Case No 4143
Moses Salmon 443
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 17)
Description
[page 17]
[corresponds to labeled page MN of Will Records Vol. 4 - 1859-1869]
Neff, Eberhardina Deceased Will 15
Nettleton Daniel " " p 35
Nutt, John Will " 275. Case No 1554
[corresponds to labeled page MN of Will Records Vol. 4 - 1859-1869]
Neff, Eberhardina Deceased Will 15
Nettleton Daniel " " p 35
Nutt, John Will " 275. Case No 1554
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 18)
Description
[page 18]
Orcutt, Sylvester Will 282. Case No. 1566
Owston William will 291.
Ott Samuel 413
Orcutt, Sylvester Will 282. Case No. 1566
Owston William will 291.
Ott Samuel 413
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 19)
Description
[page 19]
[corresponds to labeled page OP of Will Records Vol. 4 - 1859-1869]
Perry Sarah E. Decd Will Case No 920 14
Pierce Joshua W. " " 55
Peet Judah " " 68
Patnik Joseph " " 83
Pitts Andrew's will 162. Case No 1336
Poppleton Samuel will 175.
Pierce Arzal. will 271.
Parks John Baker " 325
Pierson Jonathan 386
[corresponds to labeled page OP of Will Records Vol. 4 - 1859-1869]
Perry Sarah E. Decd Will Case No 920 14
Pierce Joshua W. " " 55
Peet Judah " " 68
Patnik Joseph " " 83
Pitts Andrew's will 162. Case No 1336
Poppleton Samuel will 175.
Pierce Arzal. will 271.
Parks John Baker " 325
Pierson Jonathan 386
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 20)
Description
[page 20]
[corresponds to back of page labeled OP of Will Records Vol.4 -1859-1869]
[blank]
[corresponds to back of page labeled OP of Will Records Vol.4 -1859-1869]
[blank]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 21)
Description
[page 21]
[corresponds to labeled page QR of Will Records Vol. 4 - 1859-1869]
Robison John decd Authenticated Copy of Will records 59
Rose, James will 179. Case No 1337
Rosecrans John Will 217.
Riddle Godfried will 250.
Ridgway, Mrs. Emma. Will 284
Roberts John Will 303
Rogers David 352 Case No 1667
Roff James 429
[corresponds to labeled page QR of Will Records Vol. 4 - 1859-1869]
Robison John decd Authenticated Copy of Will records 59
Rose, James will 179. Case No 1337
Rosecrans John Will 217.
Riddle Godfried will 250.
Ridgway, Mrs. Emma. Will 284
Roberts John Will 303
Rogers David 352 Case No 1667
Roff James 429
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 22)
Description
[page 22]
Stark James decd Record of Will 6 & 7
Slawson James ~ ~ ~ ~ 57
Sharp Wm T ~ ~ ~ ~ 75
Sherman Vincen Finsen " " " " Case No 1108 1/2 - 87
Selleck Edward J. C decd Record of Will 103.
Shank, Sebastian's Will 113
Swarts Abraham's Will 140 Case No 1309
Shaw Williams's Will 152 " " 1329
Salmon John's Will 203 " " 1441
Saunders, Azor's Will 214
Smith Jacob Will 220 Case No 1482
Smith Henry Will 232 " " 1495
Stephen, Hugh M. Will 238.
Shea, James. Will 280
Stiles William copy Will 313.
Sherman David T. " 347
Salmon Anna " 366
smith Philip 379
Seigfried Elizabeth 390
Sailsbury Ephriam 435
Stark James decd Record of Will 6 & 7
Slawson James ~ ~ ~ ~ 57
Sharp Wm T ~ ~ ~ ~ 75
Sherman Vincen Finsen " " " " Case No 1108 1/2 - 87
Selleck Edward J. C decd Record of Will 103.
Shank, Sebastian's Will 113
Swarts Abraham's Will 140 Case No 1309
Shaw Williams's Will 152 " " 1329
Salmon John's Will 203 " " 1441
Saunders, Azor's Will 214
Smith Jacob Will 220 Case No 1482
Smith Henry Will 232 " " 1495
Stephen, Hugh M. Will 238.
Shea, James. Will 280
Stiles William copy Will 313.
Sherman David T. " 347
Salmon Anna " 366
smith Philip 379
Seigfried Elizabeth 390
Sailsbury Ephriam 435
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 23)
Description
[page 23]
[corresponds to labeled ST of Will Records Vol. 4 - 1859-1869]
Turner Joel B. Last Will & Testament p. 3rd
Thomas, Griffith's Will 148.
Thrall, Alexander's Will 201.
Thomas, William P.'s Will 215.
Tuller, Roswell Will 234.
Thomas Robert A. 377 Case No. 1709
Thomas Owen 409
[corresponds to labeled ST of Will Records Vol. 4 - 1859-1869]
Turner Joel B. Last Will & Testament p. 3rd
Thomas, Griffith's Will 148.
Thrall, Alexander's Will 201.
Thomas, William P.'s Will 215.
Tuller, Roswell Will 234.
Thomas Robert A. 377 Case No. 1709
Thomas Owen 409
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 24)
Description
[page 24]
[corresponds to back of page labeled ST of Will Records Vol.4 -1859-1869]
[blank]
[corresponds to back of page labeled ST of Will Records Vol.4 -1859-1869]
[blank]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 25)
Description
[page 25]
[corresponds to labeled page UV of Will Records Vol. 4 - 1859-1869]
Van Sickle Wm G. Will 207.
[corresponds to labeled page UV of Will Records Vol. 4 - 1859-1869]
Van Sickle Wm G. Will 207.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 26)
Description
[page 26]
Webster William Will of - - p. 39
Warr - - p
Worline David Will of - - p 65
Weiser Catherin Will of - - " 74
Welch Isaac ~~ Will of - - " 77
Wheaton Squire's Will 144.
Wise Susan's Will 151.
Wilcox Benjamin F. Will of (from Licking Co.) Page 182
Welch, William L. Will 212.
Woodcock, Cornelius, Will 252.
Wollum Daniel Will 287
Watters John " 288
Willey Henry " 335
Waldron Richard " 372
Wheeler, John W. " 375
Webster William Will of - - p. 39
Warr - - p
Worline David Will of - - p 65
Weiser Catherin Will of - - " 74
Welch Isaac ~~ Will of - - " 77
Wheaton Squire's Will 144.
Wise Susan's Will 151.
Wilcox Benjamin F. Will of (from Licking Co.) Page 182
Welch, William L. Will 212.
Woodcock, Cornelius, Will 252.
Wollum Daniel Will 287
Watters John " 288
Willey Henry " 335
Waldron Richard " 372
Wheeler, John W. " 375
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 27)
Description
[page 27]
[corresponds to labeled page WX of Will Records Vol. 4 - 1859-1869]
Van Sickle, William G. Will. 207.
[corresponds to labeled page WX of Will Records Vol. 4 - 1859-1869]
Van Sickle, William G. Will. 207.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 28)
Description
[page 28]
[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]
Yeager, Eve M. Will 277. Case No 1564
[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]
Yeager, Eve M. Will 277. Case No 1564
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 29)
Description
[page 29]
[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]
blank page
[corresponds to unlabeled page of Will Records Vol. 4 - 1859-1869]
blank page
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 30)
Description
[page 30]
[corresponds to labeled page 1 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Bazel Cross decd
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 June A.D. 1859
This day the last will and testament of Bazel Cross decd. late of
Harlem Township in said County was produced in open Court and
duly proven by the testimony of Jacob Williams and Barnabas Hatch
the subscribing witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and entered to be recorded as follows.
(Copy of Will)
Know all men by these presents that I Bazel Cross of the town
of Harlem in the County of Delaware and State of Ohio considering
the uncertainity of this life and being of sound mind and mem
ory do make declare and publish this my last will and
testament
First I give and bequeath to my son Benjamin twenty five acres
of land lying in Blendon Township Franklin County Ohio
and to hold to him and his heirs for ever. And the said
Benjamin is to pay to the rest of my eyers the folling amount namely
second to my son David five dollars, to my oldest girl Char-
lotta the some of thirty dollars, and to my second girl Rebecca
the sum of thirty dollars and to my third girl Mary Anne the
sum of thirty dollars. and to my forth girl Elizabeth the
sum of thirty dollars.
Furthermore I do apoint J.A. Williams to be the executor of this
my last will and testament
In testimony wareof I hav here subscribed my name
and afixed my seal this 20 day of January in the years of our
Lord one thousand eight hundred and fifty nine
Bazel X Cross {LS}
His mark
Signed sealed declared and published by the said Bazel Cross as recd
for his last will and testament in presence of us when at his request,
and in his presence and in presence of each other have subscri
bed our names as witnesses hereto
Jacob Williams
Barnabas Hatch
The State of Ohio, Delaware County ss.
We Jacob Williams and Barnabas Hatch being duly sworn in open Court this
20th day of June A.D. 1859, depose and say that we were present at the execution of the
last will and testament of Bazel Cross 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
Jacob Williams
Barnabas Hatch
Sworn to and subscribed before me this
20th day of June A.D. 1859 I. Ranney Probate Judge
[corresponds to labeled page 1 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Bazel Cross decd
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 June A.D. 1859
This day the last will and testament of Bazel Cross decd. late of
Harlem Township in said County was produced in open Court and
duly proven by the testimony of Jacob Williams and Barnabas Hatch
the subscribing witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and entered to be recorded as follows.
(Copy of Will)
Know all men by these presents that I Bazel Cross of the town
of Harlem in the County of Delaware and State of Ohio considering
the uncertainity of this life and being of sound mind and mem
ory do make declare and publish this my last will and
testament
First I give and bequeath to my son Benjamin twenty five acres
of land lying in Blendon Township Franklin County Ohio
and to hold to him and his heirs for ever. And the said
Benjamin is to pay to the rest of my eyers the folling amount namely
second to my son David five dollars, to my oldest girl Char-
lotta the some of thirty dollars, and to my second girl Rebecca
the sum of thirty dollars and to my third girl Mary Anne the
sum of thirty dollars. and to my forth girl Elizabeth the
sum of thirty dollars.
Furthermore I do apoint J.A. Williams to be the executor of this
my last will and testament
In testimony wareof I hav here subscribed my name
and afixed my seal this 20 day of January in the years of our
Lord one thousand eight hundred and fifty nine
Bazel X Cross {LS}
His mark
Signed sealed declared and published by the said Bazel Cross as recd
for his last will and testament in presence of us when at his request,
and in his presence and in presence of each other have subscri
bed our names as witnesses hereto
Jacob Williams
Barnabas Hatch
The State of Ohio, Delaware County ss.
We Jacob Williams and Barnabas Hatch being duly sworn in open Court this
20th day of June A.D. 1859, depose and say that we were present at the execution of the
last will and testament of Bazel Cross 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
Jacob Williams
Barnabas Hatch
Sworn to and subscribed before me this
20th day of June A.D. 1859 I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 31)
Description
[page 31]
[corresponds to labeled page 2 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Rebecca D. Kyle decd
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 21st day of June A.D. 1859
This day the last will and Testament of Rebecca D. Kyle decd late
of Radnor Township in said County was produced in open
Court and duly proven by the testimony of J.B. Jones and Elias
George the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to probate and ordered to be recor
ded as follows.
(Copy of Will)
In the name of the Benevolent Father of All I Rebecca Kyle of
Radnor Township, Delaware County ohio do make and publish this
my last will and Testament.
Item 1st I give and devise to my Aunt Elizabeth Kyle two hundred
and fifty dollars it being a legacy left me by my Father David
Kyle's last will and Testament.
Item 2nd I give and devise to my Aunt Elizabeth Kyle all my personal
property that I now own.
Item 3rd I do hereby nominate my Aunt Elizabeth Kyle Executrix of
this my last will and Testatment. 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 will by me made
In testimony hereof I have hereunto set my hand and seal this 11th day
of June A.D. 1859 Rebecca D. Kyle {seal}
Signed and acknowledged by said Rebecca Kyle as her last Will and
testament and signed by us in her presence.
J.B. Jones
Elias George
The State of Ohio, Delaware County SS.
We John B. Jones and Elias George being duly sowrn in open court this 21st
day of June A.D. 1859, depose and say, that we were present at the execution of
the last will and testament of Rebecca D. Kyle dec 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 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.
J.B. Jones
Elias George
Sworn to and subscribed before me this 21st day of June A.D. 1859
I. Ranney Probate Judge
[corresponds to labeled page 2 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Rebecca D. Kyle decd
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 21st day of June A.D. 1859
This day the last will and Testament of Rebecca D. Kyle decd late
of Radnor Township in said County was produced in open
Court and duly proven by the testimony of J.B. Jones and Elias
George the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to probate and ordered to be recor
ded as follows.
(Copy of Will)
In the name of the Benevolent Father of All I Rebecca Kyle of
Radnor Township, Delaware County ohio do make and publish this
my last will and Testament.
Item 1st I give and devise to my Aunt Elizabeth Kyle two hundred
and fifty dollars it being a legacy left me by my Father David
Kyle's last will and Testament.
Item 2nd I give and devise to my Aunt Elizabeth Kyle all my personal
property that I now own.
Item 3rd I do hereby nominate my Aunt Elizabeth Kyle Executrix of
this my last will and Testatment. 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 will by me made
In testimony hereof I have hereunto set my hand and seal this 11th day
of June A.D. 1859 Rebecca D. Kyle {seal}
Signed and acknowledged by said Rebecca Kyle as her last Will and
testament and signed by us in her presence.
J.B. Jones
Elias George
The State of Ohio, Delaware County SS.
We John B. Jones and Elias George being duly sowrn in open court this 21st
day of June A.D. 1859, depose and say, that we were present at the execution of
the last will and testament of Rebecca D. Kyle dec 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 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.
J.B. Jones
Elias George
Sworn to and subscribed before me this 21st day of June A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 32)
Description
[page 32]
[corresponds to labeled page 3 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Calvin Covell decd
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 Dela-
ware on the 29th day of June A.D. 1859
This day the Last Will and Testament of Calvin Covell late of Del-
aware County Delaware Township deceased was produced in open
Court and duly proven by the testimony of Delashmind Walling one
of 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 Calvin Covell
In the name of God Amen
Know all men by these present that I Calvin Covell of Delaware
Delaware County State of Ohio being of full age sound judgment &
disposing mind do hereby make & establish this my last will and
Testament hereby revoking all last wills & testaments & codicils to wills
or any writing in form or intended for last wills or testatment heretofore
by me made or intended to be made
lst I will & devise that my just debts & funeral expenses be all paid
2 I will & bequeath to each of my sons & daughters viz my son
Manyl D. Covell, Lyman S. Covell & Calvin E. Covell and my daugh-
ters Mary Ellen Emmerson wife of George Emerson, Lovina Ann
Covell, Pamela Jane Covell, Adaline J. Covell and to my grand
son Lewellyan D. Likes son of my deceased daughter Clarissa E.
Lykes all the balance of my estate both real, personal or mixed
to be equally divided among them. It being my intention that
Lewellyan E. Lykes share or proportion is not to be given to him
until he arrives to the age of twenty one years.
3 I do hereby appoint & constitute James Eaton & Benjamin Powers
my executors of this my last will and Testament.
In testimony whereof I hereunto set my hand & seal in the
presence of Otis Ensign & D. Walling whom I requeast to witness the
same this 29th day of March A.D. one thousand eight hundred & fifty
one. Calvin Covell {seal}
Subscribed signed & sealed the date above in presence of the subscribing
witness who signed the same in presence of said testator & of each other
Otis Ensign
D. Walling
The State of Ohio Delaware County ss.
I, Delashment Walling being duly sworn in open court this 29th day
of June A.D. 1859 depose and say that I was present at the execution
of the last will and testament of Calvin Covell 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 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.
[corresponds to labeled page 3 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Calvin Covell decd
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 Dela-
ware on the 29th day of June A.D. 1859
This day the Last Will and Testament of Calvin Covell late of Del-
aware County Delaware Township deceased was produced in open
Court and duly proven by the testimony of Delashmind Walling one
of 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 Calvin Covell
In the name of God Amen
Know all men by these present that I Calvin Covell of Delaware
Delaware County State of Ohio being of full age sound judgment &
disposing mind do hereby make & establish this my last will and
Testament hereby revoking all last wills & testaments & codicils to wills
or any writing in form or intended for last wills or testatment heretofore
by me made or intended to be made
lst I will & devise that my just debts & funeral expenses be all paid
2 I will & bequeath to each of my sons & daughters viz my son
Manyl D. Covell, Lyman S. Covell & Calvin E. Covell and my daugh-
ters Mary Ellen Emmerson wife of George Emerson, Lovina Ann
Covell, Pamela Jane Covell, Adaline J. Covell and to my grand
son Lewellyan D. Likes son of my deceased daughter Clarissa E.
Lykes all the balance of my estate both real, personal or mixed
to be equally divided among them. It being my intention that
Lewellyan E. Lykes share or proportion is not to be given to him
until he arrives to the age of twenty one years.
3 I do hereby appoint & constitute James Eaton & Benjamin Powers
my executors of this my last will and Testament.
In testimony whereof I hereunto set my hand & seal in the
presence of Otis Ensign & D. Walling whom I requeast to witness the
same this 29th day of March A.D. one thousand eight hundred & fifty
one. Calvin Covell {seal}
Subscribed signed & sealed the date above in presence of the subscribing
witness who signed the same in presence of said testator & of each other
Otis Ensign
D. Walling
The State of Ohio Delaware County ss.
I, Delashment Walling being duly sworn in open court this 29th day
of June A.D. 1859 depose and say that I was present at the execution
of the last will and testament of Calvin Covell 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 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.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 33)
Description
[page 33]
[corresponds to labeled page 4 of Will Records Vol. 4 - 1859-1869]
Last Will And Testament of Calvin Covell decd
and in the presence of Otis Ensign the other subscribing witness
who signed the same as witness in my presence & is at this time
in parts unknown - supposed to be in California but I cannot learn
where Delashment Walling
Sworn to and subscribed before me this 29th day of June A.D. 1859.
I. Ranney Probate Judge
State of Ohio, Delaware Co. ss.
George Welt being sworn says that he is acquainted with the handwriting
of Otis Ensign, has seen him write his name & verily believes the signature
as witness to the within will purporting to be his is genuine & further
that the present whereabouts of sd Ensign are to him unknown
G.W. Welt
Sworn to & subscribed before me June 29th 1859
I. Ranney P.J.
[corresponds to labeled page 4 of Will Records Vol. 4 - 1859-1869]
Last Will And Testament of Calvin Covell decd
and in the presence of Otis Ensign the other subscribing witness
who signed the same as witness in my presence & is at this time
in parts unknown - supposed to be in California but I cannot learn
where Delashment Walling
Sworn to and subscribed before me this 29th day of June A.D. 1859.
I. Ranney Probate Judge
State of Ohio, Delaware Co. ss.
George Welt being sworn says that he is acquainted with the handwriting
of Otis Ensign, has seen him write his name & verily believes the signature
as witness to the within will purporting to be his is genuine & further
that the present whereabouts of sd Ensign are to him unknown
G.W. Welt
Sworn to & subscribed before me June 29th 1859
I. Ranney P.J.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 34)
Description
[page 34]
[corresponds to labeled page 5 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Julia King decd
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 July A.D. 1859.
This day the Last Will and Testament of Julia King decd late of Del-
aware Township in said County was produced in open Court and
duly proved by the testimony of Revd Casper Wiese and Nicoles
Shaefer 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
The last will and testament of Julia King of Delaware Ohio.
Be it known that I, Julia King, being of sound and disposing mind and
memory do now make this my last will and testatment as follows to wit.
1st As soon after my death as may be convenient, I wish my personal
property disposed of by my Executor either at private or public sale as
my Executor may deem proper and out of proceeds I wish all my debts
and funeral expenses paid and any balance coming from the
personal estate is to be held in trust by my executor for the use support and
education of Mary Noone a little girl with me.
2nd I give and bequeath to my daughter Eliza Dewine Lot No 42 in
East Delaware as laid off and platted by I.J. Richardson & wife
with the improvements. The Rent of the house which is now occu
pied by John Hickey at $2.25 per month is to be applied by my
Executor for the use of the said little girl, Mary Noone from June 1st,
1859 to April 1st 1860. And the said Eliza Dewine is to pay $20 to
the Pater of Saint Mary Church Delaware as soon as may be
convenient for her as a perpetual memorial of my death and
pay the interest at six per cent per annum untill she pays the
principle and that sum is charged as a line on the lien on the property
untill paid.
3rd All gifts and donations heretofore made by me are to be held
sacred and are here confirmed.
I hereby constitute and appoint my friend William Sweeny
the Executor of this my last will and testament hereby revoking
all former will and declaring this to be my last will and
testament.
Signed sealed and delivered this 20th day of June 1859
I have called my Pater the Rev. )
Casper Weise and Nicoles Schaefer ) her
as witnesses to this my last will and ) Julia X King {seal}
have signed as witness at my request ) mark
Revd C Wiese )
Nicolas Schaefer )
The State of Ohio, Delaware County ss.
We Casper Weise and Nicolas Schaefer being duly sworn in
open Court this 1st day of July A.D. 1859 depose and say that we
[corresponds to labeled page 5 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Julia King decd
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 July A.D. 1859.
This day the Last Will and Testament of Julia King decd late of Del-
aware Township in said County was produced in open Court and
duly proved by the testimony of Revd Casper Wiese and Nicoles
Shaefer 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
The last will and testament of Julia King of Delaware Ohio.
Be it known that I, Julia King, being of sound and disposing mind and
memory do now make this my last will and testatment as follows to wit.
1st As soon after my death as may be convenient, I wish my personal
property disposed of by my Executor either at private or public sale as
my Executor may deem proper and out of proceeds I wish all my debts
and funeral expenses paid and any balance coming from the
personal estate is to be held in trust by my executor for the use support and
education of Mary Noone a little girl with me.
2nd I give and bequeath to my daughter Eliza Dewine Lot No 42 in
East Delaware as laid off and platted by I.J. Richardson & wife
with the improvements. The Rent of the house which is now occu
pied by John Hickey at $2.25 per month is to be applied by my
Executor for the use of the said little girl, Mary Noone from June 1st,
1859 to April 1st 1860. And the said Eliza Dewine is to pay $20 to
the Pater of Saint Mary Church Delaware as soon as may be
convenient for her as a perpetual memorial of my death and
pay the interest at six per cent per annum untill she pays the
principle and that sum is charged as a line on the lien on the property
untill paid.
3rd All gifts and donations heretofore made by me are to be held
sacred and are here confirmed.
I hereby constitute and appoint my friend William Sweeny
the Executor of this my last will and testament hereby revoking
all former will and declaring this to be my last will and
testament.
Signed sealed and delivered this 20th day of June 1859
I have called my Pater the Rev. )
Casper Weise and Nicoles Schaefer ) her
as witnesses to this my last will and ) Julia X King {seal}
have signed as witness at my request ) mark
Revd C Wiese )
Nicolas Schaefer )
The State of Ohio, Delaware County ss.
We Casper Weise and Nicolas Schaefer being duly sworn in
open Court this 1st day of July A.D. 1859 depose and say that we
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 35)
Description
[page 35]
[corresponds to labeled page 6 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Julia King decd
were present at the execution of the last will and testament
of Julia King hereto annexed, that we saw the said testa-
trix 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 signed the same as witnesses at
her request and in her presence and in the presence of each other.
Revd C. Wiese
Nicolas Schaefer
Sworn to and subscribed before me this 1st day of July A.D. 1859
I. Ranney Probate Judge
Last Will and Testament of James Stark decd.
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 July A.D. 1859
this day the last will and Testament of
James Stark late of Kingston Tp. in Ohio County Dela
ware produced in open Court and duly proven by the testi
mony of Oliver Stark & Cepter Stark the subscribing witnesses
thereto as reduced to writing & filed with sd will and admitted and
Probate and ordered to be recorded as follows.
Copy of Will.
I James Stark of the County of Delaware in the State
of Ohio do make and publish this my last will and tes
tament in manner and form following that is to say
1 It is my will that my funeral expenses and all my
just debts be fully paid.
2d I give and bequeath to my oldest daughter Maria
Perfect Six hundred dollars to be paid the first two hundred
to be paid in one year after my death. One each year
thereafter two hundred dollars untill the six hundred is paid.
3d I give to Sarah Carpenter two hundred dollars in six
yearly payments one sixth in one year after my death and
so on each year thirty three & one third of a dollar un
till all is paid
4 I give unto George Carpenter One hundred and twen
ty five to be paid one half in six years after my death
and the ballance in seven years.
5th I give unto Layfayette Carpenter One hundred and twenty five
dollars one half to be paid in six years after my death the
[corresponds to labeled page 6 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Julia King decd
were present at the execution of the last will and testament
of Julia King hereto annexed, that we saw the said testa-
trix 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 signed the same as witnesses at
her request and in her presence and in the presence of each other.
Revd C. Wiese
Nicolas Schaefer
Sworn to and subscribed before me this 1st day of July A.D. 1859
I. Ranney Probate Judge
Last Will and Testament of James Stark decd.
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 July A.D. 1859
this day the last will and Testament of
James Stark late of Kingston Tp. in Ohio County Dela
ware produced in open Court and duly proven by the testi
mony of Oliver Stark & Cepter Stark the subscribing witnesses
thereto as reduced to writing & filed with sd will and admitted and
Probate and ordered to be recorded as follows.
Copy of Will.
I James Stark of the County of Delaware in the State
of Ohio do make and publish this my last will and tes
tament in manner and form following that is to say
1 It is my will that my funeral expenses and all my
just debts be fully paid.
2d I give and bequeath to my oldest daughter Maria
Perfect Six hundred dollars to be paid the first two hundred
to be paid in one year after my death. One each year
thereafter two hundred dollars untill the six hundred is paid.
3d I give to Sarah Carpenter two hundred dollars in six
yearly payments one sixth in one year after my death and
so on each year thirty three & one third of a dollar un
till all is paid
4 I give unto George Carpenter One hundred and twen
ty five to be paid one half in six years after my death
and the ballance in seven years.
5th I give unto Layfayette Carpenter One hundred and twenty five
dollars one half to be paid in six years after my death the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 36)
Description
[page 36]
[corresponds to labeled page 7 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of James Stark decd
ballance in two years after my death.
6th I give to Rebecca Bigelow one hundred dollars to be
paid one third in six years and the ballance in equal pay
ments of Thirty $33.33 If the said Rebecca Bigelow should
die without heirs then the above amount to go to the
Carpenter heirs above mentioned.
7 I give unto my son James N. Stark all of my re-
al estate containing one hundred and ninety nine acres one
hundred in Porter Township and ninety nine in Kingston
providing he pays up the several sums heretofore written
9 It is my will that James N. Stark buy for me a
set of marble tombstone worth $25.00 $30.00
And lastly I hereby constitute and appoint my son
James N Stark & Oliver Stark to be the executors for this my
last will and testament, revoking and annuling all former
wills by me made and ratifying and confirming this and
no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 26th day of January A.D. 1859. signed published &
declared by the above named James Stark as and for his
last will and testament in presence of us who at his re
quest have signed as witnesses to the same.
Witness James Stark {Seal}
Oliver Stark)
Cepter Stark)
The State of Ohio Delaware Co. SS.
We Oliver Stark and Cepter Stark being duly swarn in
open Court the 16th day of July A.D. 1859 declare and say that
we were present at the execution of the last will and testa
ment of James Stark hereto annexed: that we saw the said
testator subscribe said will by authorizing Oliver Stark to sign his name
to the same, which was done in our presence and in the presence of
said testator by his express direction, and heard him publish and do
claim the same to be his last will and testament, and that the
said testator at the time of executing the same was of full
age of sound mind & memory & not under any restraint &
that we signed the same as witnesses at his request and in
his presence, and in the presence of each other.
Oliver Stark
Cepter Stark
Sworn to & subscribed before me this 16th day of July A.D. 1859
I. Ranney Pro Judge
[corresponds to labeled page 7 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of James Stark decd
ballance in two years after my death.
6th I give to Rebecca Bigelow one hundred dollars to be
paid one third in six years and the ballance in equal pay
ments of Thirty $33.33 If the said Rebecca Bigelow should
die without heirs then the above amount to go to the
Carpenter heirs above mentioned.
7 I give unto my son James N. Stark all of my re-
al estate containing one hundred and ninety nine acres one
hundred in Porter Township and ninety nine in Kingston
providing he pays up the several sums heretofore written
9 It is my will that James N. Stark buy for me a
set of marble tombstone worth $25.00 $30.00
And lastly I hereby constitute and appoint my son
James N Stark & Oliver Stark to be the executors for this my
last will and testament, revoking and annuling all former
wills by me made and ratifying and confirming this and
no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 26th day of January A.D. 1859. signed published &
declared by the above named James Stark as and for his
last will and testament in presence of us who at his re
quest have signed as witnesses to the same.
Witness James Stark {Seal}
Oliver Stark)
Cepter Stark)
The State of Ohio Delaware Co. SS.
We Oliver Stark and Cepter Stark being duly swarn in
open Court the 16th day of July A.D. 1859 declare and say that
we were present at the execution of the last will and testa
ment of James Stark hereto annexed: that we saw the said
testator subscribe said will by authorizing Oliver Stark to sign his name
to the same, which was done in our presence and in the presence of
said testator by his express direction, and heard him publish and do
claim the same to be his last will and testament, and that the
said testator at the time of executing the same was of full
age of sound mind & memory & not under any restraint &
that we signed the same as witnesses at his request and in
his presence, and in the presence of each other.
Oliver Stark
Cepter Stark
Sworn to & subscribed before me this 16th day of July A.D. 1859
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 37)
Description
[page 37]
[corresponds to labeled page 8 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of John N. Long decd
Proceedings had before Hon. I. Raney Pro
bate Judge in and for the County of Delaware &
State of Ohio at his office in the town of Delaware
on the 13th day of August A.D. 1859
This day the last will and testament
of John N. Long late of Genoa Tp in said
county decd was produced in open court, and
duly proven by the testimony of the subscribing wit
nesses thereto Henry Christman and Jacob Ad
ams, as reduced to writing and filed with the will
and the whole ordered to be recorded.
Copy of Will.
I John N. Long do make and publish this my
last will and testament
First I give and devise to
my son John one bay colt, said colt is a horse
colt one year old
Second I give and devise to my
wife the residue of my personal property & all of
my real estate during her natural life. At
the death of my said wife I give to my daugh
ter Mary Ilfreck who resides in Germany five dol
lars. To my Grand-daughter Joanna Loughery
five dollars. The residue of the property I wish to
be divided equally between my three children Hen
ryetta Wagner, Katharine & John Long
I do hereby nominate
and appoint Henry Christman executor of this my last
will and testament hereby authorising and empowering him
to compromise adjust release and discharge in such man
ner as he may deem proper the debts and claims due
me. I desire that no appraisement & no sale of
my personal property be made, and that the Court of
Probate direct the omission of same.
In testimony here
of I have hereunto set my hand & seal this 18th day
of July 1859. John X N. Long {Seal}
his mark
The within was signed and acknowledged by the said John
N. Long as his last will & testament in our presence
& signed by us in his presence
Henry Christman )
Jacob Adams )
[corresponds to labeled page 8 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of John N. Long decd
Proceedings had before Hon. I. Raney Pro
bate Judge in and for the County of Delaware &
State of Ohio at his office in the town of Delaware
on the 13th day of August A.D. 1859
This day the last will and testament
of John N. Long late of Genoa Tp in said
county decd was produced in open court, and
duly proven by the testimony of the subscribing wit
nesses thereto Henry Christman and Jacob Ad
ams, as reduced to writing and filed with the will
and the whole ordered to be recorded.
Copy of Will.
I John N. Long do make and publish this my
last will and testament
First I give and devise to
my son John one bay colt, said colt is a horse
colt one year old
Second I give and devise to my
wife the residue of my personal property & all of
my real estate during her natural life. At
the death of my said wife I give to my daugh
ter Mary Ilfreck who resides in Germany five dol
lars. To my Grand-daughter Joanna Loughery
five dollars. The residue of the property I wish to
be divided equally between my three children Hen
ryetta Wagner, Katharine & John Long
I do hereby nominate
and appoint Henry Christman executor of this my last
will and testament hereby authorising and empowering him
to compromise adjust release and discharge in such man
ner as he may deem proper the debts and claims due
me. I desire that no appraisement & no sale of
my personal property be made, and that the Court of
Probate direct the omission of same.
In testimony here
of I have hereunto set my hand & seal this 18th day
of July 1859. John X N. Long {Seal}
his mark
The within was signed and acknowledged by the said John
N. Long as his last will & testament in our presence
& signed by us in his presence
Henry Christman )
Jacob Adams )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 38)
Description
[page 38]
[corresponds to labeled page 9 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of John N. Long decd.
The State of Ohio Delaware County ss.
We Henry Christman & Jacob Adams being duly sworn
in open court this 13th day of August A.D. 1859 depose
and say that we were present at the execution of the
last will and testament of John N. Long hereto an
nexed; that we saw the said testator subscribe
the same, and heard him publish and declare
the same to be his last will and testament &
that as 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 & in the presence of each other.
Henry Christman
Jacob Adams
Sworn to & subscribed before me this 13th day of
August 1st 1859
I. Ranney Pro Judge
[corresponds to labeled page 9 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of John N. Long decd.
The State of Ohio Delaware County ss.
We Henry Christman & Jacob Adams being duly sworn
in open court this 13th day of August A.D. 1859 depose
and say that we were present at the execution of the
last will and testament of John N. Long hereto an
nexed; that we saw the said testator subscribe
the same, and heard him publish and declare
the same to be his last will and testament &
that as 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 & in the presence of each other.
Henry Christman
Jacob Adams
Sworn to & subscribed before me this 13th day of
August 1st 1859
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 39)
Description
[page 39]
[corresponds to labeled page 10 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John S. Brown decd
Proceedings had before Hon I. Ranney Judge
of the Probate Court within and for the County of Del
aware and state of Ohio at his office in the town of
Delaware on the 15th day of August A.D. 1859
This day the last will and testament of John
S. Brown deceased was produced in open court & duly
proven by the testimony of Henry Hodgden, J.P. Maynard
and Mr Moseman, the subscribing witnesses to said will - as
reduced to writing by said will - as
reduced to writing by said witnesses respectively subscribed and
filed with said will, - and ordered to be recorded, as follows:
Copy of Will
I John S. Brown being in
feeble health but of sound mind and memory, for these &
all other blessings I hereby trust, I am duly thankful to
my Heavely Father, who has thus far through my life sup
ported and sustained me: do make and publish this my
last will and testament
Item 1st It is my will and re
quest that my Executor will pay all just and legal de
mands against my estate, and cause a plain but suit
able monument to be erected over my grave.
Item 2nd It is my request & will
and I do devise and bequeath unto my beloved wife Sarah
Brown the use of all my real estate, and the use of all the per
sonal property, this to include my notes and if the
aforesaid property not sufficient to furnish her a good and com
fortable support, such as is necessary for a person of her age
and circumstances in life, then she is to have as much of
the principal as will afford her such support as is above
authorised. It is my request that this item be liberally con
strued, and if necessary, to take all the personal property first
then the real estate to afford such support so be it.
Item 3rd I bequeath to my Grandchild Ann Eliza
Brown, daughter of my late son Charles Brown a new fam
ily Bible, the reason that I do not bequeath to her as much
as to each of my children, is that I have given to her fa
ther (C. Brown) more than I ever assisted any other child
and my prayer is that she may diligently study the same
and practice its divine precepts during life and enjoy its bles
sings through eternity.
Item 4th After the decease of my said wife Sa
rah it is my request and will that all my property re
al and personal after creating an appropriate tombstone
over her grave and paying any legal demands against
her that my executor shall if alive, if not, then my
children in their legal representations shall cause said prop
[corresponds to labeled page 10 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John S. Brown decd
Proceedings had before Hon I. Ranney Judge
of the Probate Court within and for the County of Del
aware and state of Ohio at his office in the town of
Delaware on the 15th day of August A.D. 1859
This day the last will and testament of John
S. Brown deceased was produced in open court & duly
proven by the testimony of Henry Hodgden, J.P. Maynard
and Mr Moseman, the subscribing witnesses to said will - as
reduced to writing by said will - as
reduced to writing by said witnesses respectively subscribed and
filed with said will, - and ordered to be recorded, as follows:
Copy of Will
I John S. Brown being in
feeble health but of sound mind and memory, for these &
all other blessings I hereby trust, I am duly thankful to
my Heavely Father, who has thus far through my life sup
ported and sustained me: do make and publish this my
last will and testament
Item 1st It is my will and re
quest that my Executor will pay all just and legal de
mands against my estate, and cause a plain but suit
able monument to be erected over my grave.
Item 2nd It is my request & will
and I do devise and bequeath unto my beloved wife Sarah
Brown the use of all my real estate, and the use of all the per
sonal property, this to include my notes and if the
aforesaid property not sufficient to furnish her a good and com
fortable support, such as is necessary for a person of her age
and circumstances in life, then she is to have as much of
the principal as will afford her such support as is above
authorised. It is my request that this item be liberally con
strued, and if necessary, to take all the personal property first
then the real estate to afford such support so be it.
Item 3rd I bequeath to my Grandchild Ann Eliza
Brown, daughter of my late son Charles Brown a new fam
ily Bible, the reason that I do not bequeath to her as much
as to each of my children, is that I have given to her fa
ther (C. Brown) more than I ever assisted any other child
and my prayer is that she may diligently study the same
and practice its divine precepts during life and enjoy its bles
sings through eternity.
Item 4th After the decease of my said wife Sa
rah it is my request and will that all my property re
al and personal after creating an appropriate tombstone
over her grave and paying any legal demands against
her that my executor shall if alive, if not, then my
children in their legal representations shall cause said prop
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 40)
Description
[page 40]
[corresponds to labeled page 11 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of John S. Brown decd
erty to be divided equally between my children, Jane Westerville
Ezekial Brown, Benjamin C. Brown and Mary E. Bailey and
if any shall die before that time then his or her child or
children to inherit its parents portion; but if any shall die
leaving no surviving child then such childs portion to be
equally divided among my other children and their legal rep
resentatives, and if in any case it shall be necessary to
sell the real estate, either for the support of my wife or to
make an equitable division of my property then my ex
ecutor is authorized and empowered to sell at public or
private sale on the most advantageous terms and make
execute and deliver to the purchaser a good & sufficient deed
As I have assisted my sons Ezekial and
Benjamin C. Brown to eight hundred dollars each and
to each of my daughters Jane & Mary E. five hundred dollars each
Pay and to be first made equal with my sons, their Pd -
ballances to be divided equally among all four of my chil
dren or their legal representation.
Item 5th I do hereby appoint my son Ezekiel Brown
the Executor of this my last will and testament revoking
any and all other wills by me made. In testimony
whereof I have signed and sealed this my will this 30
day of April 1859
his
John x S. Brown {seal}
mark
Signed and sealed by said John S. Brown )
in our presence & he acknowledges the same )
to be his Will and we witnessed the same )
in his presence and at his request )
J.P. Maynard )
M. Mossman )
Henry Hodgden )
State of Ohio Delaware County ss.
Mr. Henry Hodgden, J.P. Maynard & Matthew Mossman being duly sworn
in open court this 15th day of August A.D. 1859 depose and say that we
were present at the execution of the last will and testament of
John S. Brown hereto annexed that we saw the testator subscribe
sd 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 & in his presence & in the
presence of each other.
Harry Hodgden
J.P. Maynard
M. Mossman
Sworn to & subscribed before me this 15th day of August
A.D. 1859
I. Ranney Probate Judge
[corresponds to labeled page 11 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of John S. Brown decd
erty to be divided equally between my children, Jane Westerville
Ezekial Brown, Benjamin C. Brown and Mary E. Bailey and
if any shall die before that time then his or her child or
children to inherit its parents portion; but if any shall die
leaving no surviving child then such childs portion to be
equally divided among my other children and their legal rep
resentatives, and if in any case it shall be necessary to
sell the real estate, either for the support of my wife or to
make an equitable division of my property then my ex
ecutor is authorized and empowered to sell at public or
private sale on the most advantageous terms and make
execute and deliver to the purchaser a good & sufficient deed
As I have assisted my sons Ezekial and
Benjamin C. Brown to eight hundred dollars each and
to each of my daughters Jane & Mary E. five hundred dollars each
Pay and to be first made equal with my sons, their Pd -
ballances to be divided equally among all four of my chil
dren or their legal representation.
Item 5th I do hereby appoint my son Ezekiel Brown
the Executor of this my last will and testament revoking
any and all other wills by me made. In testimony
whereof I have signed and sealed this my will this 30
day of April 1859
his
John x S. Brown {seal}
mark
Signed and sealed by said John S. Brown )
in our presence & he acknowledges the same )
to be his Will and we witnessed the same )
in his presence and at his request )
J.P. Maynard )
M. Mossman )
Henry Hodgden )
State of Ohio Delaware County ss.
Mr. Henry Hodgden, J.P. Maynard & Matthew Mossman being duly sworn
in open court this 15th day of August A.D. 1859 depose and say that we
were present at the execution of the last will and testament of
John S. Brown hereto annexed that we saw the testator subscribe
sd 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 & in his presence & in the
presence of each other.
Harry Hodgden
J.P. Maynard
M. Mossman
Sworn to & subscribed before me this 15th day of August
A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 41)
Description
[page 41]
[corresponds to labeled page 12 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Francis Maize decd
Proceedings had at the office of Isaac Ranney
Probate Judge in and for the county of Delaware and
Sate of Ohio on the 30th day of August A.D. 1859 before
Isaac Ranney Probate Judge
An authenticated copy of the last will and testament
of Francis Maize late of Marion County in said State of
Ohio decd was this day produced in Court and it ap-
pearing to the satisfaction of the court that the said will
was being proved in said county according to law and that the said will
has relation to property within said County of Delaware
Therefore on motion it is ordered by the Court that said
authenticated copy thereof be recorded in the record of wills in
this office
I. Ranney Probate Judge
Francis Maize Copy of Will
At a court of Probate within and for the County of Marion
and State of Ohio, held by George Snyder, Judge there of on the
28th day of July in the year of Our Lord One Thousand Eight Hundred
and fifty nine
Be it remembered that on the day and year afore
said and in the court aforesaid, the last will and testatment of
Francis Maize late of Marion County and State of Ohio, was
produced, and admitted to record, which will is in the records
and figures following to wit
In the name of the Benevolent Father of all I
Francis Maize, do make and publish this my last will
and Testament
Item 1st I give and bequeath to my daughter Margaret
Phillips one half of my real estate lying and being in
Thompson Township Delaware County Ohio. Said premises
contain one hundred & Eleven and one half acres, with the
understanding that she my said daughter Margaret give
to my daughter Frances Isabella Cox One Hundred Dollars
Item 2nd I devise and bequeath to my daughter Frances
Isabella Cox, the remaining half of said real estate
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this 15th day of May A.D. 1856
F. Maize {Seal}
Signed and acknowledge by said )
Francis Maize, as his last will and )
testament in our presence and by us )
in his presence )
A.D. Matthews )
John E. Davids )
[corresponds to labeled page 12 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Francis Maize decd
Proceedings had at the office of Isaac Ranney
Probate Judge in and for the county of Delaware and
Sate of Ohio on the 30th day of August A.D. 1859 before
Isaac Ranney Probate Judge
An authenticated copy of the last will and testament
of Francis Maize late of Marion County in said State of
Ohio decd was this day produced in Court and it ap-
pearing to the satisfaction of the court that the said will
was being proved in said county according to law and that the said will
has relation to property within said County of Delaware
Therefore on motion it is ordered by the Court that said
authenticated copy thereof be recorded in the record of wills in
this office
I. Ranney Probate Judge
Francis Maize Copy of Will
At a court of Probate within and for the County of Marion
and State of Ohio, held by George Snyder, Judge there of on the
28th day of July in the year of Our Lord One Thousand Eight Hundred
and fifty nine
Be it remembered that on the day and year afore
said and in the court aforesaid, the last will and testatment of
Francis Maize late of Marion County and State of Ohio, was
produced, and admitted to record, which will is in the records
and figures following to wit
In the name of the Benevolent Father of all I
Francis Maize, do make and publish this my last will
and Testament
Item 1st I give and bequeath to my daughter Margaret
Phillips one half of my real estate lying and being in
Thompson Township Delaware County Ohio. Said premises
contain one hundred & Eleven and one half acres, with the
understanding that she my said daughter Margaret give
to my daughter Frances Isabella Cox One Hundred Dollars
Item 2nd I devise and bequeath to my daughter Frances
Isabella Cox, the remaining half of said real estate
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this 15th day of May A.D. 1856
F. Maize {Seal}
Signed and acknowledge by said )
Francis Maize, as his last will and )
testament in our presence and by us )
in his presence )
A.D. Matthews )
John E. Davids )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 42)
Description
[page 42]
[corresponds to labeled page 13 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Francis Maize decd
The State of Ohio, Marion County ss
We A.D. Matthews and John E. Davids being duly sworn
in open court this 28th day of July in the year of our Lord
one thousand eight hundred & fifty nine, depose and say,
that we were present at the execution of the last will and
testament of Francis Maize 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 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.
A.D. Matthews
John E. Davids
Sworn to and subscribed before me at Marion this 28th day of
July A.D. 1859
G. Snyder Probate Judge
( July 28th A.D. 1859
Francis Maize Estate ( Probate Court Marion County Ohio
( Proof of Will
The last will and testament of Francis Maize
late of Marion County decd, was this day produced without
A.D. Matthews & John E. Davids 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 of said testimo-
ny, 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;
and there being no executor named in the said will. It is further
ordered by the Court, that Thomas Phillips & Prior Cox be and are
hereby appointed Administrators with the will annexed and it
is further ordered by the Court that said administrator give
bond in the sum of One Thousand Dollars with A.D. Matthews
and as securities conditioned
according to law, and the court appoint Henry Freese, Richard
Tyler and Adam Dilsever as appraisers of the personal property
of said deceased, and therefore came they said administrators
and in open Court accepted said appointment, and give
bond accordingly.
G. Snyder Probate Judge
The State of Ohio Marion County ss J. George Snyder Probate Judge
in and for said County, do certify hereby, that the fore going is a true copy of the original
{Seal} on file of said court. In testimony whereof I have hereunto set my
hand and official Seal at Marion this 26th day of July A.D. 1859
G. Snyder Probate Judge
[corresponds to labeled page 13 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Francis Maize decd
The State of Ohio, Marion County ss
We A.D. Matthews and John E. Davids being duly sworn
in open court this 28th day of July in the year of our Lord
one thousand eight hundred & fifty nine, depose and say,
that we were present at the execution of the last will and
testament of Francis Maize 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 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.
A.D. Matthews
John E. Davids
Sworn to and subscribed before me at Marion this 28th day of
July A.D. 1859
G. Snyder Probate Judge
( July 28th A.D. 1859
Francis Maize Estate ( Probate Court Marion County Ohio
( Proof of Will
The last will and testament of Francis Maize
late of Marion County decd, was this day produced without
A.D. Matthews & John E. Davids 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 of said testimo-
ny, 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;
and there being no executor named in the said will. It is further
ordered by the Court, that Thomas Phillips & Prior Cox be and are
hereby appointed Administrators with the will annexed and it
is further ordered by the Court that said administrator give
bond in the sum of One Thousand Dollars with A.D. Matthews
and as securities conditioned
according to law, and the court appoint Henry Freese, Richard
Tyler and Adam Dilsever as appraisers of the personal property
of said deceased, and therefore came they said administrators
and in open Court accepted said appointment, and give
bond accordingly.
G. Snyder Probate Judge
The State of Ohio Marion County ss J. George Snyder Probate Judge
in and for said County, do certify hereby, that the fore going is a true copy of the original
{Seal} on file of said court. In testimony whereof I have hereunto set my
hand and official Seal at Marion this 26th day of July A.D. 1859
G. Snyder Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 43)
Description
[page 43]
[corresponds to labeled page 14 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah E. Perry Decd
Proceedings had before Hon Isaac Ranney Probate Judge
within and for Delaware County State of Ohio at his office in
the town of Delaware on the 24th day of September A.D. 1859
This day the last will and testament of Sarah E. Perry late
of Radnor township in said county deceased was produced in open
court and duly proven by Abraham Lloyd & David Williams and ordered
to be recorded as follows
Copy of Will
I Sarah E Perry of Radnor Township and Delaware
County in the State of Ohio do make and publish this my last
will and testament in manner and form following, that is to say,
First It is my will that my funeral expenses and all my just
debts be fully paid
Second I give and devise and bequeath to my grand son Lewis
Wolfley all my interest in the Estate of Margaret Morris Decd
willed by her to me during her life time and not in my possess-
ion yet.
and Lastly I hereby constitute and appoint my son William Perry
to be the executor for this my last will and testament revok-
ing and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and test-
ament.
In Testimony whereof I have hereunto set my hand
and seal this 14th day of January in the year A.D. one thousand
eight Hundred and fifty Eight
her
Sarah E. x Perry
mark
Signed published & declared )
by the above named Sarah E. Perry )
as and for her last will and )
Testament in presence of us )
who at her request have signed )
as witnesses to the same )
David Williams )
Abraham Lloyd )
The State of Ohio, Delaware County ss
We David Williams and Abraham Lloyd being duly sworn in open
Court this 24th day of Sept A.D. 1859, depose and say, that we were present
at the execution of the last will & testament of Sarah E. Perry hereto an-
nexed; that we saw the said testatrix subscribe this will & 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 & memory, and not under any restraint, and that we sign
ed the same as witnesses at her request and in her presence and in the
presence of each other
Abraham Lloyd
David Williams
Sworn to & Subscribed before me this 24th day of Sept A.D. 1859
I. Ranney Probate Judge
[corresponds to labeled page 14 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah E. Perry Decd
Proceedings had before Hon Isaac Ranney Probate Judge
within and for Delaware County State of Ohio at his office in
the town of Delaware on the 24th day of September A.D. 1859
This day the last will and testament of Sarah E. Perry late
of Radnor township in said county deceased was produced in open
court and duly proven by Abraham Lloyd & David Williams and ordered
to be recorded as follows
Copy of Will
I Sarah E Perry of Radnor Township and Delaware
County in the State of Ohio do make and publish this my last
will and testament in manner and form following, that is to say,
First It is my will that my funeral expenses and all my just
debts be fully paid
Second I give and devise and bequeath to my grand son Lewis
Wolfley all my interest in the Estate of Margaret Morris Decd
willed by her to me during her life time and not in my possess-
ion yet.
and Lastly I hereby constitute and appoint my son William Perry
to be the executor for this my last will and testament revok-
ing and annulling all former wills by me made and ratifying
and confirming this and no other to be my last will and test-
ament.
In Testimony whereof I have hereunto set my hand
and seal this 14th day of January in the year A.D. one thousand
eight Hundred and fifty Eight
her
Sarah E. x Perry
mark
Signed published & declared )
by the above named Sarah E. Perry )
as and for her last will and )
Testament in presence of us )
who at her request have signed )
as witnesses to the same )
David Williams )
Abraham Lloyd )
The State of Ohio, Delaware County ss
We David Williams and Abraham Lloyd being duly sworn in open
Court this 24th day of Sept A.D. 1859, depose and say, that we were present
at the execution of the last will & testament of Sarah E. Perry hereto an-
nexed; that we saw the said testatrix subscribe this will & 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 & memory, and not under any restraint, and that we sign
ed the same as witnesses at her request and in her presence and in the
presence of each other
Abraham Lloyd
David Williams
Sworn to & Subscribed before me this 24th day of Sept A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 44)
Description
[page 44]
[corresponds to labeled page 15 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eberhardina Neff, Decd
Proceedings had before Hon. Isaac Ranney Judge
of the Probate Court within and for the County of Delaware
and State of Ohio at his office in the town of Delaware
On the 26th day of September A.D. 1859
This day the last will and Testament of Eberhardina Neff, decd
late of Township in said county was produced in
open Court and duly proven by the testimony of C.P. Albright and
C. Houck & T. Reichert the Subscribing witnesses thereto as reduced to writing
& filed with said will admitted to probate and ordered to be
recorded as follows
The State of Ohio, Delaware County ss.
We Christina Houck, Tobias Reicherts and Christian P Albright
being duly sworn in open Court this 26th day of Sept A.D. 1859
depose and say that we were present at the execution of the last
will and Testament of Eberharania Neff 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 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 signed the same, as witnesses at
her request and in her presence; and in the presence of each
other
C.P. Albright
Christina Houck
Tobias Reichart
Sworn to & subscribed before me this 26th day of Sept A.D. 1859
I. Ranney Probate Judge
[corresponds to labeled page 15 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eberhardina Neff, Decd
Proceedings had before Hon. Isaac Ranney Judge
of the Probate Court within and for the County of Delaware
and State of Ohio at his office in the town of Delaware
On the 26th day of September A.D. 1859
This day the last will and Testament of Eberhardina Neff, decd
late of Township in said county was produced in
open Court and duly proven by the testimony of C.P. Albright and
C. Houck & T. Reichert the Subscribing witnesses thereto as reduced to writing
& filed with said will admitted to probate and ordered to be
recorded as follows
The State of Ohio, Delaware County ss.
We Christina Houck, Tobias Reicherts and Christian P Albright
being duly sworn in open Court this 26th day of Sept A.D. 1859
depose and say that we were present at the execution of the last
will and Testament of Eberharania Neff 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 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 signed the same, as witnesses at
her request and in her presence; and in the presence of each
other
C.P. Albright
Christina Houck
Tobias Reichart
Sworn to & subscribed before me this 26th day of Sept A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 45)
Description
[page 45]
[corresponds to labeled page 16 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eli Downing Decd
Proceedings had before Hon. Isaac Ranney Judge of the
Probate Court within and for the County of Delaware and,
State of Ohio, at his office in the town of Delaware this 5th day
of October A.D. 1859
This day the last will and testament of Eli Downing
deceased late of Harlem Township, Delaware County Ohio was
produced in open Court & duly proven by the testimony of
Daniel Bennett & B.C. Waters the subscribing witnesses thereto (as
reduced to writing & filed with said will) admitted to Probate &
ordered to be recorded as follows.
In the name of the Benevolent Father of all
I, Eli Downing of the County of Delaware Harlem Township in
the State of Ohio do make and publish this my last well and
testament
lst I give and devise to my beloved wife the farm on which
we now reside, situate in the township of Harlem, County
of Delaware and State aforesaid, containing about Sixty four
acres of land, during her natural life and after her death
should my son Eli Downing survive her, I give and devise to
my son Eli the said farm above mentioned and to his heirs
forever the said Eli to pay Rosell Downing One Hundred Dollars
Nathan Downing Fifty Dollars
Lyman Downing One Hundred Dollars
Elisa Book One Hundred Dollars
Hannah Downing Two Hundred Dollars
Delila Brown One Hundred Dollars
The said sums of money to be paid to the rest of my heirs annually
beginning with the first one named in this my will and paying as their
names are mentioned but none to be paid for one year after the death
of my said wife Said Eli to keep and provide for my said wife so long
as she shall live, and to pay him the Said Eli it is my wish that
he shall have the use and occupation of said farm and to fur-
nish to my said wife a separate living should she desire the same
Hannah to have a home with her mother as long as her mother lives
and stays upon said farm. I desire that no appraisement
had no Sale of my personal property be made and that the
court of Probate direct the mission of the same in pursuance
of the Statute
I do hereby nominate and appoint my son Eli Downing
to be the executor of this my last will and testament and,
hereby authorize and empower him to compromise & adjust
release and discharge in such manner as he may think
proper the debts & claimed due one and, owing by me
It is my desire that my beloved wife have all my personal
property. It is my desire that the expenses of my last sickness
and burial be paid out of my personal effects first and then
the remainder to go to my wife. In testimony hereof,
[corresponds to labeled page 16 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eli Downing Decd
Proceedings had before Hon. Isaac Ranney Judge of the
Probate Court within and for the County of Delaware and,
State of Ohio, at his office in the town of Delaware this 5th day
of October A.D. 1859
This day the last will and testament of Eli Downing
deceased late of Harlem Township, Delaware County Ohio was
produced in open Court & duly proven by the testimony of
Daniel Bennett & B.C. Waters the subscribing witnesses thereto (as
reduced to writing & filed with said will) admitted to Probate &
ordered to be recorded as follows.
In the name of the Benevolent Father of all
I, Eli Downing of the County of Delaware Harlem Township in
the State of Ohio do make and publish this my last well and
testament
lst I give and devise to my beloved wife the farm on which
we now reside, situate in the township of Harlem, County
of Delaware and State aforesaid, containing about Sixty four
acres of land, during her natural life and after her death
should my son Eli Downing survive her, I give and devise to
my son Eli the said farm above mentioned and to his heirs
forever the said Eli to pay Rosell Downing One Hundred Dollars
Nathan Downing Fifty Dollars
Lyman Downing One Hundred Dollars
Elisa Book One Hundred Dollars
Hannah Downing Two Hundred Dollars
Delila Brown One Hundred Dollars
The said sums of money to be paid to the rest of my heirs annually
beginning with the first one named in this my will and paying as their
names are mentioned but none to be paid for one year after the death
of my said wife Said Eli to keep and provide for my said wife so long
as she shall live, and to pay him the Said Eli it is my wish that
he shall have the use and occupation of said farm and to fur-
nish to my said wife a separate living should she desire the same
Hannah to have a home with her mother as long as her mother lives
and stays upon said farm. I desire that no appraisement
had no Sale of my personal property be made and that the
court of Probate direct the mission of the same in pursuance
of the Statute
I do hereby nominate and appoint my son Eli Downing
to be the executor of this my last will and testament and,
hereby authorize and empower him to compromise & adjust
release and discharge in such manner as he may think
proper the debts & claimed due one and, owing by me
It is my desire that my beloved wife have all my personal
property. It is my desire that the expenses of my last sickness
and burial be paid out of my personal effects first and then
the remainder to go to my wife. In testimony hereof,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 46)
Description
[page 46]
[corresponds to labeled page 17 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eli Downing Deceased
I authorize B.C. Waters to sign the same this the Sixth day
of May in the year 1859
Eli Downing {Seal}
Signed & acknowledged by said
Eli Downing as his last will and
testament in our presence and
signed by us in his presence
Daniel Bennet Jr
B.C. Waters
~ ~ ~ ~ ~ ~ ~ ~
The State of Ohio, Delaware County ss
We Daniel Bennet and B.C. Waters being duly sworn
in open court this 5th day of October A.D. 1859, depose and say
that we were present at the execution of the last will and testament
of Eli Downing hereto annexed; that we saw the said testator
subscribe said will by authorising B.C. Waters to sign his name to
the same, 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 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
Daniel Bennet Jr
B.C. Waters
Sworn to and subscribed before me this 5th day of October
A.D. 1859
I. Ranney Probate Judge
[corresponds to labeled page 17 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Eli Downing Deceased
I authorize B.C. Waters to sign the same this the Sixth day
of May in the year 1859
Eli Downing {Seal}
Signed & acknowledged by said
Eli Downing as his last will and
testament in our presence and
signed by us in his presence
Daniel Bennet Jr
B.C. Waters
~ ~ ~ ~ ~ ~ ~ ~
The State of Ohio, Delaware County ss
We Daniel Bennet and B.C. Waters being duly sworn
in open court this 5th day of October A.D. 1859, depose and say
that we were present at the execution of the last will and testament
of Eli Downing hereto annexed; that we saw the said testator
subscribe said will by authorising B.C. Waters to sign his name to
the same, 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 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
Daniel Bennet Jr
B.C. Waters
Sworn to and subscribed before me this 5th day of October
A.D. 1859
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 47)
Description
[page 47]
[corresponds to labeled page 18 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Moses Carpenter decd
Proceeding had before Hon. I. Ranney Probate Judge within
and for the County of Delaware & State of Ohio on the 11th day of Nov
A.D. 1859 at his office in the town of Delaware
This day the Last Will & Testament of Moses Carpenter deceased was
produced in open Court & duly proven by the testimony of Victor Arnold
& Henry Hodgsden, the subscribing witnesses to said will (as reduced to
to writing, and filed with said will) and ordered to be recorded, as follows
Copy of Will
In humble despondence upon Divine Providence who has heretofore and up
to the present time supported & sustained me and upon whose grace I trust
for the future.
I, Moses Carpenter being of feeble health but of sound mind
and memory do make and publish this my last will & testament
Item 1st It is my will, desire and request, that my executor cause
to be fully paid all just claims and legal demands against my estate
and cause a plain, suitable marble monument to be erected over my
grave; let it be appropriate and avoid all unnecessary expense
Item 2nd I devise and bequeath unto each of my children and heirs here
after named the sum of two Hundred Dollars viz. my son Hiram Carpen
ter (deceased) children to be equally divided among them this to paid
out of or with a note I hold against Sarah Carpenter their mother
She to pay said note to them with what interest may be due.
then, to such, each of the following named children Two Hundred Dollars
Mary Carter, Laura Carter, Eveline Allen, Armenius Carpenter, Phidelia
Welks, Christiana Cook and Dorman Carpenter. and those whom I
have loaned money to and to receive and be paid in their notes and when
there is interest on the note that will make it more than that sum the
interest not to be collected but given to the matter of the note
Item 3rd I give and bequeath to the Missionary Society of the Meth
odist Episcopal Church of the United States to be applied to and for
the benefit of the Liberia African Mission. Twenty five Dollars
Item 4th Whatsoever may remain of my property after the above
devises are paid, I give, devise and bequeath to be equally divided among
my following named children viz Mary Carter, Laura Carter, Eveline
Allen, Armenius Carpenter, Christiana Cook, Dorman Carpenter and
Phidelia Welks
The Missionary money hereby devised to be paid to the Presiding Elder
of the M.C. Church Delaware District or if a change is made in the
district, then to the Elder to which Galena may be attached
Item 3rd I do hereby nominate and appoint Armenius Carpenter
and Gorman Carpenter executors of this my last will and testament
In testimony whereof I have hereunto set my hand and
[corresponds to labeled page 18 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Moses Carpenter decd
Proceeding had before Hon. I. Ranney Probate Judge within
and for the County of Delaware & State of Ohio on the 11th day of Nov
A.D. 1859 at his office in the town of Delaware
This day the Last Will & Testament of Moses Carpenter deceased was
produced in open Court & duly proven by the testimony of Victor Arnold
& Henry Hodgsden, the subscribing witnesses to said will (as reduced to
to writing, and filed with said will) and ordered to be recorded, as follows
Copy of Will
In humble despondence upon Divine Providence who has heretofore and up
to the present time supported & sustained me and upon whose grace I trust
for the future.
I, Moses Carpenter being of feeble health but of sound mind
and memory do make and publish this my last will & testament
Item 1st It is my will, desire and request, that my executor cause
to be fully paid all just claims and legal demands against my estate
and cause a plain, suitable marble monument to be erected over my
grave; let it be appropriate and avoid all unnecessary expense
Item 2nd I devise and bequeath unto each of my children and heirs here
after named the sum of two Hundred Dollars viz. my son Hiram Carpen
ter (deceased) children to be equally divided among them this to paid
out of or with a note I hold against Sarah Carpenter their mother
She to pay said note to them with what interest may be due.
then, to such, each of the following named children Two Hundred Dollars
Mary Carter, Laura Carter, Eveline Allen, Armenius Carpenter, Phidelia
Welks, Christiana Cook and Dorman Carpenter. and those whom I
have loaned money to and to receive and be paid in their notes and when
there is interest on the note that will make it more than that sum the
interest not to be collected but given to the matter of the note
Item 3rd I give and bequeath to the Missionary Society of the Meth
odist Episcopal Church of the United States to be applied to and for
the benefit of the Liberia African Mission. Twenty five Dollars
Item 4th Whatsoever may remain of my property after the above
devises are paid, I give, devise and bequeath to be equally divided among
my following named children viz Mary Carter, Laura Carter, Eveline
Allen, Armenius Carpenter, Christiana Cook, Dorman Carpenter and
Phidelia Welks
The Missionary money hereby devised to be paid to the Presiding Elder
of the M.C. Church Delaware District or if a change is made in the
district, then to the Elder to which Galena may be attached
Item 3rd I do hereby nominate and appoint Armenius Carpenter
and Gorman Carpenter executors of this my last will and testament
In testimony whereof I have hereunto set my hand and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 48)
Description
[page 48]
[corresponds to labeled page 19 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Moses Carpenter deceased
Seal this seventh day of April 1855
Moses Carpenter {seal}
Signed and acknowledged by said Moses Carpenter as his last will and
testament and signed by us in his presence
Henry Hodgsden
Victor Arnold
William Lenington
Albert B. Condit
The State of Ohio, Delaware County, ss
We Victor Arnold and Henry Hodgden, being duly sworn in open Court
this 11th day of Nov A.D. 1859, depose and say, that we were present at
the execution of the last will and testament of Moses 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 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 & in the presence of Wm Lenington & Albert B. Condit
the other subscribing witnesses to said will who are both now, residents of
this state
Victor Arnold
Henry Hodgden
Sworn to and subscribed before me this 11th day of Nov. A.D. 1859
I Ranney Probate Judge
[corresponds to labeled page 19 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Moses Carpenter deceased
Seal this seventh day of April 1855
Moses Carpenter {seal}
Signed and acknowledged by said Moses Carpenter as his last will and
testament and signed by us in his presence
Henry Hodgsden
Victor Arnold
William Lenington
Albert B. Condit
The State of Ohio, Delaware County, ss
We Victor Arnold and Henry Hodgden, being duly sworn in open Court
this 11th day of Nov A.D. 1859, depose and say, that we were present at
the execution of the last will and testament of Moses 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 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 & in the presence of Wm Lenington & Albert B. Condit
the other subscribing witnesses to said will who are both now, residents of
this state
Victor Arnold
Henry Hodgden
Sworn to and subscribed before me this 11th day of Nov. A.D. 1859
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 49)
Description
[page 49]
[corresponds to labeled page 20 of Will Records Vol. 4 - 1859-1869]
Last Will and testament of Shubael W. Knapp Decd
Proceedings had before Hon. Isaac Ranney Probate Judge
within and for the County of Delaware State of Ohio at his
office in the town of Delaware in the 5th day of December A.D. 1859
This day the Last will & testament of Shubael W. Knapp deceased was
produced in open court and duly proven by the testimony of Josiah
McKinnie and William McKinnie, the subscribing witnesses to said will
(as reduced to writing and filed with said will) and ordered to be
recorded as follows
Copy of Will
In the name of the Benevolent Father of all, I Shubael W. Knapp
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 lieu of her dower
the farm on which I now reside situate in Liberty township, County &
State aforesaid containing about one hundred & thirty acres, during her nat
ural life in case she remains a widow; but in case she marries again,
from such time shall only hold that part of the farm (during her natural life)
which lies south of the County road running east and west through said
farm, the balance of said farm to be sold and divided equally a
mong the legal heirs. I also give to my wife all my Stock, house and
furniture and all other chattels which I may be in possession of at
the time of my decease. She however selling so much thereof as may
be sufficient to pay my just debts. At the death of my said wife my
real estate to be sold and divided equally among my heirs.
I do hereby nominate and appoint my beloved wife, guardian of
my minor children until they arrive at the age of Twenty One.
But in case she marries again her guardianship shall cease & terminate
and said children shall choose their own guardians. In case that
in my life I do not dispose of a field of about ten acres lying be
tween the Olentangy river and the north & south road running past Bu
bor's Mills, in that case my said wife may sell and dispose of said
field, the avails of which she may use for educating the minor child
ren
Item 2nd I do hereby appoint Mary H Knapp my beloved wife my Exec
utrix. I desire that no appraisment and no sale of my personal prop
erty be made; and that the court of Probate direct the omission of
the same in pursuance of the statute. By this it is not understood
as prohibiting a public or private sale of so much of my personal
property as shall be necessary to pay my just debts, or as she said
Executrix may think for her interest and the interest of the minor
children
I do hereby revoke all former wills by me made
in testimony hereof I have hereunto set my hand and seal this
nineteenth day of April in the year 1859
Shubael W. Knapp {SS}
Signed and acknowledged by said Shubael W. Knapp as his
last will and testament in our presence; and signed
[corresponds to labeled page 20 of Will Records Vol. 4 - 1859-1869]
Last Will and testament of Shubael W. Knapp Decd
Proceedings had before Hon. Isaac Ranney Probate Judge
within and for the County of Delaware State of Ohio at his
office in the town of Delaware in the 5th day of December A.D. 1859
This day the Last will & testament of Shubael W. Knapp deceased was
produced in open court and duly proven by the testimony of Josiah
McKinnie and William McKinnie, the subscribing witnesses to said will
(as reduced to writing and filed with said will) and ordered to be
recorded as follows
Copy of Will
In the name of the Benevolent Father of all, I Shubael W. Knapp
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 lieu of her dower
the farm on which I now reside situate in Liberty township, County &
State aforesaid containing about one hundred & thirty acres, during her nat
ural life in case she remains a widow; but in case she marries again,
from such time shall only hold that part of the farm (during her natural life)
which lies south of the County road running east and west through said
farm, the balance of said farm to be sold and divided equally a
mong the legal heirs. I also give to my wife all my Stock, house and
furniture and all other chattels which I may be in possession of at
the time of my decease. She however selling so much thereof as may
be sufficient to pay my just debts. At the death of my said wife my
real estate to be sold and divided equally among my heirs.
I do hereby nominate and appoint my beloved wife, guardian of
my minor children until they arrive at the age of Twenty One.
But in case she marries again her guardianship shall cease & terminate
and said children shall choose their own guardians. In case that
in my life I do not dispose of a field of about ten acres lying be
tween the Olentangy river and the north & south road running past Bu
bor's Mills, in that case my said wife may sell and dispose of said
field, the avails of which she may use for educating the minor child
ren
Item 2nd I do hereby appoint Mary H Knapp my beloved wife my Exec
utrix. I desire that no appraisment and no sale of my personal prop
erty be made; and that the court of Probate direct the omission of
the same in pursuance of the statute. By this it is not understood
as prohibiting a public or private sale of so much of my personal
property as shall be necessary to pay my just debts, or as she said
Executrix may think for her interest and the interest of the minor
children
I do hereby revoke all former wills by me made
in testimony hereof I have hereunto set my hand and seal this
nineteenth day of April in the year 1859
Shubael W. Knapp {SS}
Signed and acknowledged by said Shubael W. Knapp as his
last will and testament in our presence; and signed
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 50)
Description
[page 50]
[corresponds to labeled page 21 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Shubael W. Knapp Deceased
by us in his presence
Josiah McKinnie
William McKinnie
The State of Ohio Delaware County ss
We Josiah McKinnie and William McKinnie being duly sworn in
open Court this 5th day of December A.D. 1859, depose and say, that we
were present at the execution of the last will and testament of Shubael
W. Knapp hereto annexed; that we saw, the said testator subscribe said will,
and heard him publish and declare the same to be his last will & 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
Josiah McKinnie
William McKinnie
Sworn to and subscribed before me this 5th day of December A.D. 1859
I Ranney Pro. Judge
[corresponds to labeled page 21 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Shubael W. Knapp Deceased
by us in his presence
Josiah McKinnie
William McKinnie
The State of Ohio Delaware County ss
We Josiah McKinnie and William McKinnie being duly sworn in
open Court this 5th day of December A.D. 1859, depose and say, that we
were present at the execution of the last will and testament of Shubael
W. Knapp hereto annexed; that we saw, the said testator subscribe said will,
and heard him publish and declare the same to be his last will & 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
Josiah McKinnie
William McKinnie
Sworn to and subscribed before me this 5th day of December A.D. 1859
I Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 51)
Description
[page 51]
[corresponds to labeled page 22 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Cowgill decd
Proceedings had before Hon 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 8th day of
December A.D. 1859
This day the last will and testament of Thomas Cowgill
deceased was produced in open court and duly proven by
the testimony of Silas Emerson the subscribing
witness thereto (as reduced to writing & filed with said will)
and ordered to be recorded as follows
Copy of Will
I Thomas Cowgill 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 son Joseph T. Cowgill so much of my
land situate in Berlin Township in the County aboved named
being the same deeded to me by Walter May as is included in the
following bounds, beginning at the north line of said lot of land in
the County road which runs through it from North to south - then
running south along said road until it comes to the little run
which passes through the place from west to east, then take a straight
line east and west to the east line of said lot and also to the west
line of said lot
(2nd) Second I give and devise to my son George W. Cowgill all the
balance of said land bought of Walter May to wit - all south of the
line before described including that bought of M.A. Nog
(3rd) Third I give and devise to my daughter Martha A. Cowgill the
sum of one hundred dollars to be paid as follows fifty dollars
to be paid her by Joseph T. Cowgill when he shall become Twenty one
years of age and fifty dollars to be paid her by George W. Cowgill when
he shall become twenty one years of age
(4) Fourth it is my will that my wife Polly Cowgill shall have her
support off from the place above named and have controll of the same
so long as she supports the children and remains my widow, but
shall relinquish all right or claim to Joseph's part when he comes
twenty one years of age
(5) Fifth. It is my will that my debts and expenses shall be paid out
of my personal property and should there be a balance over that to
be divided equally among my three children reserving to my wife
Polly Cowgill the use of the whole so long as she remains my widow
(6) Sixth I do hereby nominate and appoint Thomas P. Flagg and Silas
Emmerson as Executors and Administrators
(7) Seventh I also nominate and appoint the said Thomas P. Flagg
and Silas Emmerson as joint guardians of my three children Joseph
T, Martha A. & George W. Cowgill
Nov 10th A.D. 1859 Thomas Cowgill {seal}
Signed and acknowledged by said Thomas Cowgill as his last will and testa
ment in our presence and signed by us in his presence
Silas Emerson
Levi Roloson
[corresponds to labeled page 22 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Cowgill decd
Proceedings had before Hon 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 8th day of
December A.D. 1859
This day the last will and testament of Thomas Cowgill
deceased was produced in open court and duly proven by
the testimony of Silas Emerson the subscribing
witness thereto (as reduced to writing & filed with said will)
and ordered to be recorded as follows
Copy of Will
I Thomas Cowgill 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 son Joseph T. Cowgill so much of my
land situate in Berlin Township in the County aboved named
being the same deeded to me by Walter May as is included in the
following bounds, beginning at the north line of said lot of land in
the County road which runs through it from North to south - then
running south along said road until it comes to the little run
which passes through the place from west to east, then take a straight
line east and west to the east line of said lot and also to the west
line of said lot
(2nd) Second I give and devise to my son George W. Cowgill all the
balance of said land bought of Walter May to wit - all south of the
line before described including that bought of M.A. Nog
(3rd) Third I give and devise to my daughter Martha A. Cowgill the
sum of one hundred dollars to be paid as follows fifty dollars
to be paid her by Joseph T. Cowgill when he shall become Twenty one
years of age and fifty dollars to be paid her by George W. Cowgill when
he shall become twenty one years of age
(4) Fourth it is my will that my wife Polly Cowgill shall have her
support off from the place above named and have controll of the same
so long as she supports the children and remains my widow, but
shall relinquish all right or claim to Joseph's part when he comes
twenty one years of age
(5) Fifth. It is my will that my debts and expenses shall be paid out
of my personal property and should there be a balance over that to
be divided equally among my three children reserving to my wife
Polly Cowgill the use of the whole so long as she remains my widow
(6) Sixth I do hereby nominate and appoint Thomas P. Flagg and Silas
Emmerson as Executors and Administrators
(7) Seventh I also nominate and appoint the said Thomas P. Flagg
and Silas Emmerson as joint guardians of my three children Joseph
T, Martha A. & George W. Cowgill
Nov 10th A.D. 1859 Thomas Cowgill {seal}
Signed and acknowledged by said Thomas Cowgill as his last will and testa
ment in our presence and signed by us in his presence
Silas Emerson
Levi Roloson
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 52)
Description
[page 52]
[corresponds to labeled page 23 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Cowgill decd
The State of Ohio, Delaware County ss
We Silas Emerson and & Levi Roloson being duly sworn in open court
this 8th day of December A.D. 1859, depose and say, that we were pres-
ent at the execution of the last will and testament of Thomas Cowgill
hereto annexed; that we saw the said testator subscribe said will, and
or heard him acknowlegde his signature to the same
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
Silas Emerson
Levi Roloson
Sworn to and subscribed before me this 8th day of December A.D. 1859
I. Ranney Pro. Judge
Jany. 9th 1859
This day came into open court Mrs. Pol
ly Cowgill widow of sd Thomas Cowgill decd & being
instructed by the Court as to her rights both of law &
under sd will signified her election to take under
sd will I. Ranney Pro Judge
[corresponds to labeled page 23 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Cowgill decd
The State of Ohio, Delaware County ss
We Silas Emerson and & Levi Roloson being duly sworn in open court
this 8th day of December A.D. 1859, depose and say, that we were pres-
ent at the execution of the last will and testament of Thomas Cowgill
hereto annexed; that we saw the said testator subscribe said will, and
or heard him acknowlegde his signature to the same
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
Silas Emerson
Levi Roloson
Sworn to and subscribed before me this 8th day of December A.D. 1859
I. Ranney Pro. Judge
Jany. 9th 1859
This day came into open court Mrs. Pol
ly Cowgill widow of sd Thomas Cowgill decd & being
instructed by the Court as to her rights both of law &
under sd will signified her election to take under
sd will I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 53)
Description
[page 53]
[corresponds to labeled page 24 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Effy Dildine decd
Proceedings had before Hon 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 17th day of December A.D. 1859
This day the last will and testament of Effy Dildine deceased was
produced in open court and duly proven by the testimony of John
Cunningham and William Prichard the subscribing witnesses thereto (as redu-
ced to writing and filed with said will) and ordered to be recorded as
follows
Copy of Will
In the name of the Benevolent Father of all I Effy Dildine of the
of the County of Delaware Ohio do make and publish this my last will
and testament in manner and form following
1st I give and devise to my daughter Effy Olds one bed and bedding
being the bed and bedding she now has in her possession, also the large cork
stove and furniture which we now have in use and Twenty five dollars
in money when collected out of any money due me at my decease
2nd I give and devise to my sons William Dildine and Valentine Dildine
all the balance of my property real and personal consisting of One
In Lot in the village of Delhi being in lot Nu Forth in Loyds addition to
Delhi. Also all my moneys, credits & effects, stock, household & kitchen stuff
& bring all I am possessed of at my death by them paying all my
debts and expenses and the above named Twenty five to my said daughter
Effy Olds
3rd I constitute and appoint my sons William and Valentine Dildine to state
and carry out this my will as above named This 11th day of July A.D. 1859
his
Effy x Dildine {Seal}
mark
Signed and acknowledged by said Effy Dildine
as her last will and testament in our presence
and signed by us at her request and in her presence
John Cunningham
William Prichard
The State of Ohio, Delaware County ss
We William Prichard and John Cuningham being duly sworn in open
court this 17th day of December A.D. 1859, depose and say, that on more
present at the execution of the last will and testament of Effy Dildine
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 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, and that we
signed the same as witnesses at her request and in her presence, and in the pres-
ence of each other.
William Prichard
John Cunningham
Sworn to and subscribed before me this 17th day of December A.D. 1859
I Ranney Pro Judge
[corresponds to labeled page 24 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Effy Dildine decd
Proceedings had before Hon 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 17th day of December A.D. 1859
This day the last will and testament of Effy Dildine deceased was
produced in open court and duly proven by the testimony of John
Cunningham and William Prichard the subscribing witnesses thereto (as redu-
ced to writing and filed with said will) and ordered to be recorded as
follows
Copy of Will
In the name of the Benevolent Father of all I Effy Dildine of the
of the County of Delaware Ohio do make and publish this my last will
and testament in manner and form following
1st I give and devise to my daughter Effy Olds one bed and bedding
being the bed and bedding she now has in her possession, also the large cork
stove and furniture which we now have in use and Twenty five dollars
in money when collected out of any money due me at my decease
2nd I give and devise to my sons William Dildine and Valentine Dildine
all the balance of my property real and personal consisting of One
In Lot in the village of Delhi being in lot Nu Forth in Loyds addition to
Delhi. Also all my moneys, credits & effects, stock, household & kitchen stuff
& bring all I am possessed of at my death by them paying all my
debts and expenses and the above named Twenty five to my said daughter
Effy Olds
3rd I constitute and appoint my sons William and Valentine Dildine to state
and carry out this my will as above named This 11th day of July A.D. 1859
his
Effy x Dildine {Seal}
mark
Signed and acknowledged by said Effy Dildine
as her last will and testament in our presence
and signed by us at her request and in her presence
John Cunningham
William Prichard
The State of Ohio, Delaware County ss
We William Prichard and John Cuningham being duly sworn in open
court this 17th day of December A.D. 1859, depose and say, that on more
present at the execution of the last will and testament of Effy Dildine
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 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, and that we
signed the same as witnesses at her request and in her presence, and in the pres-
ence of each other.
William Prichard
John Cunningham
Sworn to and subscribed before me this 17th day of December A.D. 1859
I Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 54)
Description
[page 54]
[corresponds to labeled page 25 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Leonard Love Deceased
Proceedings had before Hon. 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 20th day of February
AD 1860
This day the last will and testament of Leonard Love of said County
deceased was produced in open court and duly proven by the testi
mony of J.C. Sidle & William Sparks the subscribing witnesses thereto
(as reduced to writing and filed with said wills) and ordered to be
recorded as follows
Copy of Will
In the name of the Benevolent Father of all, I Leonard Love of
the County of Delaware and State of Ohio do make this my last
will and Testament,
Item 1st) I will that the farm upon which I now reside in Delaware
County and the farm that I own in York Township, Union County
Ohio be sold to the best advantage and all my just and honest
debts be paid out of the proceeds of the same
Item 2nd) I do give and bequeath to my beloved wife Eliza Jane, one
fourth of the proceeds of all my property both personal & real in
money for her own separate and personal use after my just debts
are paid
Item 3rd) The remaining three fourths to be applied for the use
of my minor children for their support and raising until they
respectfully arrive at the age of Fifteen years
Item 4th) I do hereby nominate and appoint Manily T. Morris guar-
dian of my children Philena Elizabeth and Semon C. Love until
they arrive at the age of twenty one years and I do nominate
and appoint G.W. Sears guardian of my children LaMain Valentine
and Mary Lucinda Love until they arrive at the age of twenty
one years my said guardians are hereby enformed to give my
children a good English education and to rear them in habits
of industry and imedeate upon them as far as may be the duties
of Christianity and after my children shall arrive at the age
of Fifteen if there is any of the money it is to be divided equally
and if any of the children
among all of the children ^should by sickness or other cause become una
ble to support themselves I request my said guardians to reserve enough
if any there be for the support of said invalid until it or they shall
arrive at the age of twenty one years
Item 5th) One bed one bureau and one set of iron stone china dishes
to go my daughter Philena Elizabeth and one bed to go to my son Semon
C. which was the property of their mother
Item 6th) I reserve one scholarship in the Delaware Colage to my sons
and my name sake Harry Seman Parks
Item Six) I do hereby nominate and appoint J.C. Sidle executor of this my
last will and testament hereby authorizing and impowering him to com-
promise and adjust release and discharge in such a manner as
[corresponds to labeled page 25 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Leonard Love Deceased
Proceedings had before Hon. 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 20th day of February
AD 1860
This day the last will and testament of Leonard Love of said County
deceased was produced in open court and duly proven by the testi
mony of J.C. Sidle & William Sparks the subscribing witnesses thereto
(as reduced to writing and filed with said wills) and ordered to be
recorded as follows
Copy of Will
In the name of the Benevolent Father of all, I Leonard Love of
the County of Delaware and State of Ohio do make this my last
will and Testament,
Item 1st) I will that the farm upon which I now reside in Delaware
County and the farm that I own in York Township, Union County
Ohio be sold to the best advantage and all my just and honest
debts be paid out of the proceeds of the same
Item 2nd) I do give and bequeath to my beloved wife Eliza Jane, one
fourth of the proceeds of all my property both personal & real in
money for her own separate and personal use after my just debts
are paid
Item 3rd) The remaining three fourths to be applied for the use
of my minor children for their support and raising until they
respectfully arrive at the age of Fifteen years
Item 4th) I do hereby nominate and appoint Manily T. Morris guar-
dian of my children Philena Elizabeth and Semon C. Love until
they arrive at the age of twenty one years and I do nominate
and appoint G.W. Sears guardian of my children LaMain Valentine
and Mary Lucinda Love until they arrive at the age of twenty
one years my said guardians are hereby enformed to give my
children a good English education and to rear them in habits
of industry and imedeate upon them as far as may be the duties
of Christianity and after my children shall arrive at the age
of Fifteen if there is any of the money it is to be divided equally
and if any of the children
among all of the children ^should by sickness or other cause become una
ble to support themselves I request my said guardians to reserve enough
if any there be for the support of said invalid until it or they shall
arrive at the age of twenty one years
Item 5th) One bed one bureau and one set of iron stone china dishes
to go my daughter Philena Elizabeth and one bed to go to my son Semon
C. which was the property of their mother
Item 6th) I reserve one scholarship in the Delaware Colage to my sons
and my name sake Harry Seman Parks
Item Six) I do hereby nominate and appoint J.C. Sidle executor of this my
last will and testament hereby authorizing and impowering him to com-
promise and adjust release and discharge in such a manner as
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 55)
Description
[page 55]
[corresponds to labeled page 26 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Leonard Love deceased
he may deem proper the debts and claims due me I also author-
ize and empower him in order to pay my debts to sell by private sale
or in such manner or open such terms of credit or otherwise as he may
think proper all of my real estate and deeds to purchasers to execute
and acknowledge in fee simple I do hereby make all former wills
by me made -- in testimony hereof I have hereunto set
my hand and seal this 26th day of Dec 1859
Leonard Love {SS}
Signed and acknowledged by Leonard Love as his
last will and testament in our presence and signed
by us in his presence
J.C. Sidle
Wm Sparks
The State of Ohio, Delaware County Ss.
We J.C. Sidle & William Sparks being duly sworn in open court
this 20th day of Feby A.D. 1860, depose and say that we were present
at the execution of the last will and testament of Leonard Love 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
Wm Sparks
J.C. Sidle
Sworn to and subscribed before me this 20th day of February A.D. 1860
I. Ranney Pro Judge
[corresponds to labeled page 26 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Leonard Love deceased
he may deem proper the debts and claims due me I also author-
ize and empower him in order to pay my debts to sell by private sale
or in such manner or open such terms of credit or otherwise as he may
think proper all of my real estate and deeds to purchasers to execute
and acknowledge in fee simple I do hereby make all former wills
by me made -- in testimony hereof I have hereunto set
my hand and seal this 26th day of Dec 1859
Leonard Love {SS}
Signed and acknowledged by Leonard Love as his
last will and testament in our presence and signed
by us in his presence
J.C. Sidle
Wm Sparks
The State of Ohio, Delaware County Ss.
We J.C. Sidle & William Sparks being duly sworn in open court
this 20th day of Feby A.D. 1860, depose and say that we were present
at the execution of the last will and testament of Leonard Love 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
Wm Sparks
J.C. Sidle
Sworn to and subscribed before me this 20th day of February A.D. 1860
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 56)
Description
[page 56]
[corresponds to labeled page 27 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Watson Karr deceased
Proceeding had before Hon. 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 8th day of March A.D. 1860
This day the last will and testament, of Watson Karr Decd
was produced in open Court, and duly proven by the testimony of
William Warner and Thomas Hughes the subscribing witnesses thereto (as
reduced to writing and filed with said will) admitted to probate
and ordered to be recorded as follows
Delaware Nov 16 1859
I Watson Karr of a sound mind do
this day appoint my wife Margaret Karr my lawful executor of
my estate and authorize her to settle all my accounts and dispose
of all my property To wit, fifteen acres of land in Illinois, five
acres of land in Delaware O. and also to collect all my outstanding
debts & to have & hold all my goods & chattels & moneys for the use and ben-
efit of herself and family to wit my children Ann Woods Alma Karr
John Karr Mary Karr Watson Karr Jun & Melancthan Karr
Watson Karr
Witness
H.S. Bradley
William Warner
Thos Hughes
The State of Ohio Delaware County S.S.
Mr William Warner H.S. Bradley and Thos Hughes being duly sworn in open
court this 8th day of March A.D. 1860, depose and say, that we were
present at the execution of the last will and testament of Watson
Karr hereto attached; that we saw the said testator subscribe his
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 this request, and in his presence, and in the presence
of each other
H.S. Bradley
William Warner
Thos Hughes
Sworn to and subscribed before me this 8th day of March A.D. 1860
I Ranney
Pro Judge
[corresponds to labeled page 27 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Watson Karr deceased
Proceeding had before Hon. 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 8th day of March A.D. 1860
This day the last will and testament, of Watson Karr Decd
was produced in open Court, and duly proven by the testimony of
William Warner and Thomas Hughes the subscribing witnesses thereto (as
reduced to writing and filed with said will) admitted to probate
and ordered to be recorded as follows
Delaware Nov 16 1859
I Watson Karr of a sound mind do
this day appoint my wife Margaret Karr my lawful executor of
my estate and authorize her to settle all my accounts and dispose
of all my property To wit, fifteen acres of land in Illinois, five
acres of land in Delaware O. and also to collect all my outstanding
debts & to have & hold all my goods & chattels & moneys for the use and ben-
efit of herself and family to wit my children Ann Woods Alma Karr
John Karr Mary Karr Watson Karr Jun & Melancthan Karr
Watson Karr
Witness
H.S. Bradley
William Warner
Thos Hughes
The State of Ohio Delaware County S.S.
Mr William Warner H.S. Bradley and Thos Hughes being duly sworn in open
court this 8th day of March A.D. 1860, depose and say, that we were
present at the execution of the last will and testament of Watson
Karr hereto attached; that we saw the said testator subscribe his
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 this request, and in his presence, and in the presence
of each other
H.S. Bradley
William Warner
Thos Hughes
Sworn to and subscribed before me this 8th day of March A.D. 1860
I Ranney
Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 57)
Description
[page 57]
[corresponds to labeled page 28 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Titus Case decd
Proceeding had before Hon. 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 15th day of March A.D. 1860
This day the last will and Testament of Titus Case late of
Liberty Township in said county deceased was produced in open
court & duly proven by the testimony of Timothy Andrews & Seth W. Case
the subscribing witnesses thereto (as reduced to writing and filed with
said will) admitted to probate and ordered to be recorded as follows, to wit
Copy of Will
Know all whom it may concern, that I, Titus Case of Liberty
Township, Delaware County, State of Ohio do hereby make and constitute
this my last will and testament in form & manner following
1. that my funeral charges and all just debts be paid
2. that my wife Hannah Case take under the Law and that her right
of dower, years support set off and all be settled according to law as soon
as convenient after my death
3. that my daughter Elizabeth Case have one thousand dollars heir-
ship rite and one hundred dollars a year for her work since
she was eighteen years of age and that she take the land that is
deeded to her at its present appraised value
4. that Miles Case have one thousand dollars refer to the book page
26 to see how much he has had and the balance to be made out of
my personal property as soon as convenient for the estate
5. that Carroline Case have one thousand dollars refer to the book page
24 to see what she has had must have enough to make up five
hundred dollars for college purposes as soon as convenient for
the estate
6. I give and bequeath at the death of my wife five hundred
dollars for missionary fund to be paid as soon as convenient on
the order of the brand of the missionary society of the Central Ohio-
ian Conference of Ohio if one be formed according to Law and
and the officers be available for the proper application of the money
that may comiath their hands this money to be put on interest and
only the interest subject to use yearly Provided That if the central
christian conference fail to organize according to law, so as to make
a safe deposit, thru this donation must be given to the Christian Book
association of Ohio, if it be by ally organized, if not, it shall be giv-
en to the Eastern Book association of New york, and this donation must be
changed from a special sum to an equal Heir with my children on
the last divided
8th I hereby choose Seth W. Case as executor of this my last will and
Testament
Signed, sealed & acknowledged as my last will this 1st day of October A.D. 1859
Executed in presence of the undersigned & signed by us ) Titus Case {Seal}
in his presence Timothy Andrews S.W. Case )
[corresponds to labeled page 28 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Titus Case decd
Proceeding had before Hon. 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 15th day of March A.D. 1860
This day the last will and Testament of Titus Case late of
Liberty Township in said county deceased was produced in open
court & duly proven by the testimony of Timothy Andrews & Seth W. Case
the subscribing witnesses thereto (as reduced to writing and filed with
said will) admitted to probate and ordered to be recorded as follows, to wit
Copy of Will
Know all whom it may concern, that I, Titus Case of Liberty
Township, Delaware County, State of Ohio do hereby make and constitute
this my last will and testament in form & manner following
1. that my funeral charges and all just debts be paid
2. that my wife Hannah Case take under the Law and that her right
of dower, years support set off and all be settled according to law as soon
as convenient after my death
3. that my daughter Elizabeth Case have one thousand dollars heir-
ship rite and one hundred dollars a year for her work since
she was eighteen years of age and that she take the land that is
deeded to her at its present appraised value
4. that Miles Case have one thousand dollars refer to the book page
26 to see how much he has had and the balance to be made out of
my personal property as soon as convenient for the estate
5. that Carroline Case have one thousand dollars refer to the book page
24 to see what she has had must have enough to make up five
hundred dollars for college purposes as soon as convenient for
the estate
6. I give and bequeath at the death of my wife five hundred
dollars for missionary fund to be paid as soon as convenient on
the order of the brand of the missionary society of the Central Ohio-
ian Conference of Ohio if one be formed according to Law and
and the officers be available for the proper application of the money
that may comiath their hands this money to be put on interest and
only the interest subject to use yearly Provided That if the central
christian conference fail to organize according to law, so as to make
a safe deposit, thru this donation must be given to the Christian Book
association of Ohio, if it be by ally organized, if not, it shall be giv-
en to the Eastern Book association of New york, and this donation must be
changed from a special sum to an equal Heir with my children on
the last divided
8th I hereby choose Seth W. Case as executor of this my last will and
Testament
Signed, sealed & acknowledged as my last will this 1st day of October A.D. 1859
Executed in presence of the undersigned & signed by us ) Titus Case {Seal}
in his presence Timothy Andrews S.W. Case )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 58)
Description
[page 58]
[corresponds to labeled page 29 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Titus Case deceased
The State of Ohio, Delaware Co Ss
We Timothy Andrews and Seth W. Case being duly sworn in open
court this 15th day of March A.D. 1860, depose and say, that we
were present at the execution of the last will and testament of Titus
Case 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
Timothy Andrews
S.W. Case
Sworn to and subscribed before me this 15th day of March A.D. 1860
I Ranney Pro Judge
[corresponds to labeled page 29 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Titus Case deceased
The State of Ohio, Delaware Co Ss
We Timothy Andrews and Seth W. Case being duly sworn in open
court this 15th day of March A.D. 1860, depose and say, that we
were present at the execution of the last will and testament of Titus
Case 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
Timothy Andrews
S.W. Case
Sworn to and subscribed before me this 15th day of March A.D. 1860
I Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 59)
Description
[page 59]
[corresponds to labeled page 30 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John C. Brown
Proceedings had before Hon. 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 14th day of April A.D. 1860
This day the last will & Testament of John C. Brown late
of Delaware County & State of Ohio deceased was produced in open
court & duly proved by the testimony of Joseph C. Grove and Isaac
Ziegler the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to probate and ordered to be recorded as
follows
In the name of the Benevolent Father of all I, John C. Brown
of the County of Delaware and State of Ohio being of sound mind
and memory do make and publish this last will and testament
in manor & form following -- Being possessed of but little prop
erty and feeling myself indebted to my sisters Margaret J. Julia A &
and Sarah M. Brown for money furnished for my support, and their kind care
and attention to me during my long & severe sickness
1st I give and bequeath to my sisters Margaret G. and Julia A Brown
after paying my funeral expenses all the claims not now disposed of
consisting in various small sums and all my clothing books & all
2nd I give and bequeath to my sister Sarah M. Brown two building lotts of
which I am now possessed lying and being in the county of Dunn &
county of Duran and State of Wisconsin. This being all the
property I am now possessed of I give and convey the same to my above
named sisters as some compensation for the above named considerations.
Executed this 21st day of May A.D. 1858 John C. Brown {Seal}
in our presence and signed by us
at his request & in his presence
Jos S. Grove
Isaac Ziegler
The State of Ohio, Delaware County Ss,
We Joseph G. Grove and Isaac Zeigler being duly sworn in open
court this 14th day 14th day of April A.D. 1860 depose and say, that
in our present at the execution of the last will and testament of John
C. Brown hereto annexed; that we saw the said testator subscribe
said will and heard him 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.G. Grove
Isaac Zeigler
Sworn to and subscribed before me this 14th day of April A.D. 1860
I. Ranney
Probate Judge
[corresponds to labeled page 30 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John C. Brown
Proceedings had before Hon. 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 14th day of April A.D. 1860
This day the last will & Testament of John C. Brown late
of Delaware County & State of Ohio deceased was produced in open
court & duly proved by the testimony of Joseph C. Grove and Isaac
Ziegler the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to probate and ordered to be recorded as
follows
In the name of the Benevolent Father of all I, John C. Brown
of the County of Delaware and State of Ohio being of sound mind
and memory do make and publish this last will and testament
in manor & form following -- Being possessed of but little prop
erty and feeling myself indebted to my sisters Margaret J. Julia A &
and Sarah M. Brown for money furnished for my support, and their kind care
and attention to me during my long & severe sickness
1st I give and bequeath to my sisters Margaret G. and Julia A Brown
after paying my funeral expenses all the claims not now disposed of
consisting in various small sums and all my clothing books & all
2nd I give and bequeath to my sister Sarah M. Brown two building lotts of
which I am now possessed lying and being in the county of Dunn &
county of Duran and State of Wisconsin. This being all the
property I am now possessed of I give and convey the same to my above
named sisters as some compensation for the above named considerations.
Executed this 21st day of May A.D. 1858 John C. Brown {Seal}
in our presence and signed by us
at his request & in his presence
Jos S. Grove
Isaac Ziegler
The State of Ohio, Delaware County Ss,
We Joseph G. Grove and Isaac Zeigler being duly sworn in open
court this 14th day 14th day of April A.D. 1860 depose and say, that
in our present at the execution of the last will and testament of John
C. Brown hereto annexed; that we saw the said testator subscribe
said will and heard him 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.G. Grove
Isaac Zeigler
Sworn to and subscribed before me this 14th day of April A.D. 1860
I. Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 60)
Description
[page 60]
[corresponds to labeled page 31 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Henry Freese deceased
Proceedings had before Hon 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 27th day of July AD 1860
This day the last will and Testament of Henry Freese late of
Delaware County & State of Ohio deceased was produced in open
court and duly proven by the testimony of W.J. Watson and
B.H. Willis the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to Probate and ordered to be
recorded as follows
In the name of the Benevolent Father of all, I Henry Freese
do make and publish this my last will and testament
1st It is my will that all my past debts and funeral expenses
be paid
2nd I give will and bequeath to my daughter Elizabeth Black
the sum of Five Dollars to be paid out of my personal property
3rd I give and bequeath to my nephew Moses Oller & his heirs,
or in case of the decease of said Moses Oller, having no children, then
I give, will and bequeath to my sister Mary Oller & her heirs all
the residue of my property both real and personal
I desire that no appraisement and no sale of my personal
property be made and that the Court of Probate direct the
omission of the same in pursuance of the Statute
In testimony whereof I Have hereunto set my hand & seal
the 23rd day of May in the year of our Lord 1860
Henry Freese {Seal}
Signed and acknowledged by said
Henry Freese as his last will & testament
in our presence & signed by us in his
presence W.T. Watson
B.H. Willis
The State of Ohio, Delaware County S.S.
We Walter T. Watson & B.H. Willis being duly sworn in open court
this 27th day of July A.D. 1860 depose and say, that we were present
at the execution of the last will and testament of Henry Freese
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
W.T. Watson
B.H. Willis
Sworn to and subscribed before me this 27th day of July A.D. 1860
I. Ranney Pro Judge
[corresponds to labeled page 31 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Henry Freese deceased
Proceedings had before Hon 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 27th day of July AD 1860
This day the last will and Testament of Henry Freese late of
Delaware County & State of Ohio deceased was produced in open
court and duly proven by the testimony of W.J. Watson and
B.H. Willis the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to Probate and ordered to be
recorded as follows
In the name of the Benevolent Father of all, I Henry Freese
do make and publish this my last will and testament
1st It is my will that all my past debts and funeral expenses
be paid
2nd I give will and bequeath to my daughter Elizabeth Black
the sum of Five Dollars to be paid out of my personal property
3rd I give and bequeath to my nephew Moses Oller & his heirs,
or in case of the decease of said Moses Oller, having no children, then
I give, will and bequeath to my sister Mary Oller & her heirs all
the residue of my property both real and personal
I desire that no appraisement and no sale of my personal
property be made and that the Court of Probate direct the
omission of the same in pursuance of the Statute
In testimony whereof I Have hereunto set my hand & seal
the 23rd day of May in the year of our Lord 1860
Henry Freese {Seal}
Signed and acknowledged by said
Henry Freese as his last will & testament
in our presence & signed by us in his
presence W.T. Watson
B.H. Willis
The State of Ohio, Delaware County S.S.
We Walter T. Watson & B.H. Willis being duly sworn in open court
this 27th day of July A.D. 1860 depose and say, that we were present
at the execution of the last will and testament of Henry Freese
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
W.T. Watson
B.H. Willis
Sworn to and subscribed before me this 27th day of July A.D. 1860
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 61)
Description
[page 61]
[corresponds to labeled page 32 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Oliver Gnatnak
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 8th day of June A.D. 1860
This day the last will & testament of Oliver Gnatnak late of
Delaware County deceased so as produced in open Court and duly
proven by the testimony of Charles Longshore & Philander Edmister the
subscribing witnesses to said will (as reduced to writing & filed with
said will) and admitted to probate and ordered to be recorded as fol
lows.
In the name of the Benevolent Father of all, I Oliver Gnatnak
of the 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 in lieu of her dower the farm
on which we now reside situate in the County of Delaware and State of Ohio
it being the north half of the south east quarter in Range Sixteen, Township
four and section two containing about Eighty Eight acres more or less, as
long as she shall remain my widow and if she should not marry again
during her natural life and all the stock horses home goods furniture pro
visions and other goods and chattels which may be thereon at the time
of my decease during her natural life as aforesaid. At the death of
my said wife the real estate aforesaid and such part of the said
personal property or the proceeds thereof as may then remain unas
sumed and unexpended I give and devise to my sons George W. Greatreaks
Manuel Greatreaks and Marion Greatreaks and their heirs to be equally
divided into three shares and the said George W. Greatreaks, Manuel Greatreaks
and Marion Greatreaks shall pay to their sisters in one year after they come
in possession of said property the sum of Six Hundred Dollars to be equally
divided between them, it being one hundred and fifty dollars for each
Harriet Sunderland $150. Mariah Dehart $150. Dorcas Edmister $150. &
Eliza Jane Greatreaks $150. and if the girls aforesaid should not live
until that time, then to their heirs
I do hereby nominate and appoint Jacob Fisher and Bazabel Culno
executors of my last will and testament, hereby authorizing and empower
ing them to compromise adjust release and discharge in such manner
as they may deem proper the debts and claims due me. I do also authorize
and empower them if it shall become necessary in order to pay my debts
to sell by private sale or in such manner upon such terms of credit
or otherwise as they may think proper all or any part of my real estate
and deeds to 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 & seal this 6th day of March in
the year Eighteen hundred & sixty
Oliver Greatreaks {SS.}
Signed and acknowledged by said Oliver Greatreaks
as his last will & testament in our presence & signed
by and in his presence Charles Longshore Philander Edmister
[corresponds to labeled page 32 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Oliver Gnatnak
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 8th day of June A.D. 1860
This day the last will & testament of Oliver Gnatnak late of
Delaware County deceased so as produced in open Court and duly
proven by the testimony of Charles Longshore & Philander Edmister the
subscribing witnesses to said will (as reduced to writing & filed with
said will) and admitted to probate and ordered to be recorded as fol
lows.
In the name of the Benevolent Father of all, I Oliver Gnatnak
of the 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 in lieu of her dower the farm
on which we now reside situate in the County of Delaware and State of Ohio
it being the north half of the south east quarter in Range Sixteen, Township
four and section two containing about Eighty Eight acres more or less, as
long as she shall remain my widow and if she should not marry again
during her natural life and all the stock horses home goods furniture pro
visions and other goods and chattels which may be thereon at the time
of my decease during her natural life as aforesaid. At the death of
my said wife the real estate aforesaid and such part of the said
personal property or the proceeds thereof as may then remain unas
sumed and unexpended I give and devise to my sons George W. Greatreaks
Manuel Greatreaks and Marion Greatreaks and their heirs to be equally
divided into three shares and the said George W. Greatreaks, Manuel Greatreaks
and Marion Greatreaks shall pay to their sisters in one year after they come
in possession of said property the sum of Six Hundred Dollars to be equally
divided between them, it being one hundred and fifty dollars for each
Harriet Sunderland $150. Mariah Dehart $150. Dorcas Edmister $150. &
Eliza Jane Greatreaks $150. and if the girls aforesaid should not live
until that time, then to their heirs
I do hereby nominate and appoint Jacob Fisher and Bazabel Culno
executors of my last will and testament, hereby authorizing and empower
ing them to compromise adjust release and discharge in such manner
as they may deem proper the debts and claims due me. I do also authorize
and empower them if it shall become necessary in order to pay my debts
to sell by private sale or in such manner upon such terms of credit
or otherwise as they may think proper all or any part of my real estate
and deeds to 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 & seal this 6th day of March in
the year Eighteen hundred & sixty
Oliver Greatreaks {SS.}
Signed and acknowledged by said Oliver Greatreaks
as his last will & testament in our presence & signed
by and in his presence Charles Longshore Philander Edmister
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 62)
Description
[page 62]
[corresponds to labeled page 33 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Oliver Gnalnaks decd continued
The State of Ohio, Delaware County SS
we Charles Longshore and Philander Edmister being duly sworn
in open court this 8th day of June A.D. 1860, depose & say, that we
were present at the execution of the last will & testament of Oliver
Gnalnaks 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 execu-
ting the same was of full age and of sound mind & memory,
and not under any restraint, and that we signed the same as wit-
nesses at his request and in his presence; and in the presence of
each other
Charles Longshore
Philander Edmister
Sworn to and subscribed before me this 8th day of June A.D. 1860
I Ranney
Probate Judge
August 9th 1860.
Personally appeared in open court Jemima Gnalnaks
widow of said Oliver Gnatnaks & being first informed by the Court
as to her right at law, as well as under said will. did sig
nify her election to take under the will of her said husband
decd in lieu of dower
I Ranney Pro Judge
[corresponds to labeled page 33 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Oliver Gnalnaks decd continued
The State of Ohio, Delaware County SS
we Charles Longshore and Philander Edmister being duly sworn
in open court this 8th day of June A.D. 1860, depose & say, that we
were present at the execution of the last will & testament of Oliver
Gnalnaks 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 execu-
ting the same was of full age and of sound mind & memory,
and not under any restraint, and that we signed the same as wit-
nesses at his request and in his presence; and in the presence of
each other
Charles Longshore
Philander Edmister
Sworn to and subscribed before me this 8th day of June A.D. 1860
I Ranney
Probate Judge
August 9th 1860.
Personally appeared in open court Jemima Gnalnaks
widow of said Oliver Gnatnaks & being first informed by the Court
as to her right at law, as well as under said will. did sig
nify her election to take under the will of her said husband
decd in lieu of dower
I Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 63)
Description
[page 63]
[corresponds to labeled page 34 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joel B. Turner deceased
Proceedings had before Hon. Isaac Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office in
the town of Delaware in the 8th day of June A.D. 1860
This day the Last Will and Testament of Joel B. Turner late of the
County of Delaware and State of Ohio deceased was produced in open
court and duly proven by the testimony of Thomas Warner & Elizabeth
Warner the subscribing witnesses thereto (as reduced to writing and filed
with said will) admitted to Probate and ordered to be recorded as follows
In the name of the Benevolent Father of all, I Joel B. Turner of
the County of Delaware and State of Ohio do make and publish this
my last will and testament, that is to say
First it is my will that my funeral expenses and all my just debts
be fuly paid
2nd I give devise and bequeath to my sister Laura A. Turner and
her heirs and assignees forever all the live stock horses cash on hand
together with notes Accounts and obligations & to include all chattel
property in my possession of every description
And lastly I do hereby nominate and appoint M.C. Bean Executor
of this my last will and testament hereby authorizing and empow
ering him to compromise adjust release and discharge in such manner
as he may deem proper the debts & claims due me. I do also authorize
and empower him if it shall become necessary to pay my debts to sell
by private sale or in such manner upon such terms of credit or other
wise as he may think proper all or any part of my property
In testimony whereof I have hereunto set my hand and seal this 7th
day April in the year 1860
J B Turner {Seal}
Signed and acknowledged by said Joel B Turner )
as his last will & testament in our presence and)
signed by us in his presence )
Thomas Warner )
Elizabeth Warner )
The State of Ohio, Delaware County Ss
We Thomas Warner and Elizabeth Warner being duly sworn in open
court this 8th day of June A.D. 1860, depose and say, that we were present
at the execution of the last will and testament of Joel B. Turner 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
Thomas Warner
Elizabeth Warner
Sworn to and subscribed before me this 8th day of June A.D. 1860
I. Ranney
Probate Judge
[corresponds to labeled page 34 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joel B. Turner deceased
Proceedings had before Hon. Isaac Ranney Probate Judge within
and for the County of Delaware and State of Ohio at his office in
the town of Delaware in the 8th day of June A.D. 1860
This day the Last Will and Testament of Joel B. Turner late of the
County of Delaware and State of Ohio deceased was produced in open
court and duly proven by the testimony of Thomas Warner & Elizabeth
Warner the subscribing witnesses thereto (as reduced to writing and filed
with said will) admitted to Probate and ordered to be recorded as follows
In the name of the Benevolent Father of all, I Joel B. Turner of
the County of Delaware and State of Ohio do make and publish this
my last will and testament, that is to say
First it is my will that my funeral expenses and all my just debts
be fuly paid
2nd I give devise and bequeath to my sister Laura A. Turner and
her heirs and assignees forever all the live stock horses cash on hand
together with notes Accounts and obligations & to include all chattel
property in my possession of every description
And lastly I do hereby nominate and appoint M.C. Bean Executor
of this my last will and testament hereby authorizing and empow
ering him to compromise adjust release and discharge in such manner
as he may deem proper the debts & claims due me. I do also authorize
and empower him if it shall become necessary to pay my debts to sell
by private sale or in such manner upon such terms of credit or other
wise as he may think proper all or any part of my property
In testimony whereof I have hereunto set my hand and seal this 7th
day April in the year 1860
J B Turner {Seal}
Signed and acknowledged by said Joel B Turner )
as his last will & testament in our presence and)
signed by us in his presence )
Thomas Warner )
Elizabeth Warner )
The State of Ohio, Delaware County Ss
We Thomas Warner and Elizabeth Warner being duly sworn in open
court this 8th day of June A.D. 1860, depose and say, that we were present
at the execution of the last will and testament of Joel B. Turner 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
Thomas Warner
Elizabeth Warner
Sworn to and subscribed before me this 8th day of June A.D. 1860
I. Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 64)
Description
[page 64]
[corresponds to labeled page 35 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Daniel Nettleton deceased
Proceedings had before Hon 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 5th day of July A.D. 1860
This day the last will and Testament of Daniel Nettleton late of
Delaware County, Ohio, deceased was produced in open court and
duly proven by the testimony of Jas C. Ryant & S.F. Hull the subscribing
witnesses thereto (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as follows
In the name of God: Amen
I, Daniel Nettleton of Constantin, Delaware County, Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my daughter Deborah the property on
which I now live being a house, barn & with four acres of land an-
nexed: also one cow, all the feed in the barn, one pig in the pen,
& the household furniture in the house
Item 2nd I devise and bequeath to my daughter Esther P. Hoadley wife
of David S. Hoadley Two Hundred and fifty Dollars out of the per-
sonal property belonging to my estate:
Item 3rd I devise and bequeath to my son Daniel Nettleton Jr
Two hUndred Dollars out of the personal property belonging to my Estate
Item 4th I devise and bequeath to my daughter Orsel R. Fay wife
of Jesse Fay Two Hundred Dollars out of the personal property belonging
to my estate
Item 5th I devise and bequeath to my daughter Rhoda Randel wife
of Shadrach Randel Two Hundred dollars out of the personal property
belonging to my estate
Item 6th I hearby nominate and appoint David S. Headley Executor
of this my last will and testament, hereby authorizing him to com-
promsie adjust, release and discharge in such manner as he may
deem proper, the debts and claims due me: and to pay the debts
against my estate from the property, in the way he may think proper
I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and Seal this
6th day of December 1859
Daniel Nettleton {Seal}
Signed and acknowledged by said Daniel Nettleton
as his last will and testament in our presence and signed
by us in his presence
S.F. Hull
Jas C. Ryant
The State of Ohio, Delaware County Ss
We Jas C. Ryant & S.F. Hull being duly sworn in open court this 5th
day of July A.D. 1860, depose and say that we were present at the execution
of the last will and testament of Daniel Nettleton 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
James C. Ryant S.F. Hull
Sworn to & subscribed before me this 5th day of July A.D. 1860
I. Ranney Pro Judge
[corresponds to labeled page 35 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Daniel Nettleton deceased
Proceedings had before Hon 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 5th day of July A.D. 1860
This day the last will and Testament of Daniel Nettleton late of
Delaware County, Ohio, deceased was produced in open court and
duly proven by the testimony of Jas C. Ryant & S.F. Hull the subscribing
witnesses thereto (as reduced to writing and filed with said will)
admitted to Probate and ordered to be recorded as follows
In the name of God: Amen
I, Daniel Nettleton of Constantin, Delaware County, Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my daughter Deborah the property on
which I now live being a house, barn & with four acres of land an-
nexed: also one cow, all the feed in the barn, one pig in the pen,
& the household furniture in the house
Item 2nd I devise and bequeath to my daughter Esther P. Hoadley wife
of David S. Hoadley Two Hundred and fifty Dollars out of the per-
sonal property belonging to my estate:
Item 3rd I devise and bequeath to my son Daniel Nettleton Jr
Two hUndred Dollars out of the personal property belonging to my Estate
Item 4th I devise and bequeath to my daughter Orsel R. Fay wife
of Jesse Fay Two Hundred Dollars out of the personal property belonging
to my estate
Item 5th I devise and bequeath to my daughter Rhoda Randel wife
of Shadrach Randel Two Hundred dollars out of the personal property
belonging to my estate
Item 6th I hearby nominate and appoint David S. Headley Executor
of this my last will and testament, hereby authorizing him to com-
promsie adjust, release and discharge in such manner as he may
deem proper, the debts and claims due me: and to pay the debts
against my estate from the property, in the way he may think proper
I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and Seal this
6th day of December 1859
Daniel Nettleton {Seal}
Signed and acknowledged by said Daniel Nettleton
as his last will and testament in our presence and signed
by us in his presence
S.F. Hull
Jas C. Ryant
The State of Ohio, Delaware County Ss
We Jas C. Ryant & S.F. Hull being duly sworn in open court this 5th
day of July A.D. 1860, depose and say that we were present at the execution
of the last will and testament of Daniel Nettleton 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
James C. Ryant S.F. Hull
Sworn to & subscribed before me this 5th day of July A.D. 1860
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 65)
Description
[page 65]
[corresponds to labeled page 36 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Robert Clark deceased
Proceedings had before Hon. I Ranney Probate Judge within & for the
County of Delaware & State of Ohio at his office in the town of Del-
aware on the 10th day of July A.D. 1860
This day the last will & testament of Robert Clark late of Delaware
County deceased was produced in open court and duly proven by the
testimony of Joseph C. Cole and Azariah Main the subscribing witnesses
thereto (as reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows
I, Robert Clark 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 Son Robert Clark Executor of my last
will and testament hereby authorizing and empowering him to com-
promise adjust release and discharge in such manner as he may deem
proper the debts and claimes due me
Item 1st I do also give my son Robert Clark all my household furni
ture also all the moneys that I have with the exception of Two dollars
which I wish my beloved daughter Nebby Lowes to have
I do also give my son Robert Clark my grey mair also my one horse
wagon
I do hereby revoke all former wills by me made in testament whereof
I have hereunto set my hand and seal this 7th day of February A.D.
1860
his
Robert x Clark Seal
mark
Signed and acknowledged by said )
Robert Clark as his last will and )
testament in our presence and signed )
by us in his presence
Joseph C Cole
Azariah Main
The State of Ohio, Delaware County, Ss
We Joseph C. Cole and Azariah Main, being duly sworn in open court
depose and say, that we were present at the execution of the last
will & Testament of Robert Clark 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 at witnesses at his request and in his presence and in the
presence of each other
Azarish Main
J.C. Cole
Sworn to and subscribed before me this 10th day of July A.D. 1860
I. Ranney Pro Judge
[corresponds to labeled page 36 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Robert Clark deceased
Proceedings had before Hon. I Ranney Probate Judge within & for the
County of Delaware & State of Ohio at his office in the town of Del-
aware on the 10th day of July A.D. 1860
This day the last will & testament of Robert Clark late of Delaware
County deceased was produced in open court and duly proven by the
testimony of Joseph C. Cole and Azariah Main the subscribing witnesses
thereto (as reduced to writing and filed with said will) admitted
to Probate and ordered to be recorded as follows
I, Robert Clark 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 Son Robert Clark Executor of my last
will and testament hereby authorizing and empowering him to com-
promise adjust release and discharge in such manner as he may deem
proper the debts and claimes due me
Item 1st I do also give my son Robert Clark all my household furni
ture also all the moneys that I have with the exception of Two dollars
which I wish my beloved daughter Nebby Lowes to have
I do also give my son Robert Clark my grey mair also my one horse
wagon
I do hereby revoke all former wills by me made in testament whereof
I have hereunto set my hand and seal this 7th day of February A.D.
1860
his
Robert x Clark Seal
mark
Signed and acknowledged by said )
Robert Clark as his last will and )
testament in our presence and signed )
by us in his presence
Joseph C Cole
Azariah Main
The State of Ohio, Delaware County, Ss
We Joseph C. Cole and Azariah Main, being duly sworn in open court
depose and say, that we were present at the execution of the last
will & Testament of Robert Clark 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 at witnesses at his request and in his presence and in the
presence of each other
Azarish Main
J.C. Cole
Sworn to and subscribed before me this 10th day of July A.D. 1860
I. Ranney Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 66)
Description
[page 66]
[corresponds to labeled page 37 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Whiting Allen decd
Proceedings had before Hon. Isaac Ranney Probate Judge
within and for the County Delaware and State of Ohio at his of-
fice in the town of Delaware on the 18th day of August A.D. 1860
This day the last will and testament of Whiting Allen decd
late of the County of Delaware & State of Ohio was produced in
open court & duly proven by the testimony of Henton Tallman and
W.H.H. Tallman the subscribing witnesses thereto (as reduced to writing
and filed with said will), admitted to probate & ordered to be recor-
ded as follows: to wit.
Copy of Will
In the name of the Benevolent Father of All, I, Whiting Allen
of the County of Delaware and State of Ohio, being of sound & disposing
mind and memory, do make and publish this my last will and
testament, to wit.
1st I give and bequeath to John Wolfley, my son in law, as trustee, for
the sole & individual use and benefit of my daughter Laura the use of
my house and lot where I now reside, situate on the south side of North St
between Union & Henry St in the town of Delaware O. with all the appurtanances
to the same belonging, during the natural life of the said Laura, and
at her decease the said Real Estate shall immediately revert to my es-
tate to be distributed equally among my children share and share
alike.
2nd I also bequeath unto the said John Wolfley, as trustee as afore-
said the Sum of Five Hundred ($500) dollars, to be paid out of any
unappropriated farms, belonging to my estate, who shall invest the same
to the best advantage for the interest of the said Laura or loan
the same at highest legal rate with good security & shall pay
over the income or interest arising from said investment or loan, to
the said Laura, as her necessities may require, for her individual use
and maintenance & if the said Laura shall at any time need any
part of said principal sum of money or the whole of it then the
said trustee shall pay over to her so much thereof as may be ne-
cessary for her own use and comfort, and upon the decease of the
said Laura, the said sum of Five Hundred dollars, or so much thereof
as may remain, together with the profits or interest arising there from
shall revert to my estate to be distributed among my children equally
share & share alike & in the distribution of the aforesaid Real Estate & the
aforesaid sum of money, the heirs of my sons Silas Dunbar & Warren
Case, both now deceased, shall inherit one equal share the same as
the said Silas Dunbar and Warren Case might do it Living, to be di-
vided amongst thru equally, and if any other of my children shall
decease having heirs, before the decease of the said Laura & the distrib-
ution of said Real Estate & said sum of money as aforesaid, then such
heirs of said children shall inherit the same portion of said Real Estate
& said money so devised as aforesaid, as their respective parent would to
if living --- The aforesaid devise to the said Laura
shall be held for her individual use and maintenance & shall not
[corresponds to labeled page 37 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Whiting Allen decd
Proceedings had before Hon. Isaac Ranney Probate Judge
within and for the County Delaware and State of Ohio at his of-
fice in the town of Delaware on the 18th day of August A.D. 1860
This day the last will and testament of Whiting Allen decd
late of the County of Delaware & State of Ohio was produced in
open court & duly proven by the testimony of Henton Tallman and
W.H.H. Tallman the subscribing witnesses thereto (as reduced to writing
and filed with said will), admitted to probate & ordered to be recor-
ded as follows: to wit.
Copy of Will
In the name of the Benevolent Father of All, I, Whiting Allen
of the County of Delaware and State of Ohio, being of sound & disposing
mind and memory, do make and publish this my last will and
testament, to wit.
1st I give and bequeath to John Wolfley, my son in law, as trustee, for
the sole & individual use and benefit of my daughter Laura the use of
my house and lot where I now reside, situate on the south side of North St
between Union & Henry St in the town of Delaware O. with all the appurtanances
to the same belonging, during the natural life of the said Laura, and
at her decease the said Real Estate shall immediately revert to my es-
tate to be distributed equally among my children share and share
alike.
2nd I also bequeath unto the said John Wolfley, as trustee as afore-
said the Sum of Five Hundred ($500) dollars, to be paid out of any
unappropriated farms, belonging to my estate, who shall invest the same
to the best advantage for the interest of the said Laura or loan
the same at highest legal rate with good security & shall pay
over the income or interest arising from said investment or loan, to
the said Laura, as her necessities may require, for her individual use
and maintenance & if the said Laura shall at any time need any
part of said principal sum of money or the whole of it then the
said trustee shall pay over to her so much thereof as may be ne-
cessary for her own use and comfort, and upon the decease of the
said Laura, the said sum of Five Hundred dollars, or so much thereof
as may remain, together with the profits or interest arising there from
shall revert to my estate to be distributed among my children equally
share & share alike & in the distribution of the aforesaid Real Estate & the
aforesaid sum of money, the heirs of my sons Silas Dunbar & Warren
Case, both now deceased, shall inherit one equal share the same as
the said Silas Dunbar and Warren Case might do it Living, to be di-
vided amongst thru equally, and if any other of my children shall
decease having heirs, before the decease of the said Laura & the distrib-
ution of said Real Estate & said sum of money as aforesaid, then such
heirs of said children shall inherit the same portion of said Real Estate
& said money so devised as aforesaid, as their respective parent would to
if living --- The aforesaid devise to the said Laura
shall be held for her individual use and maintenance & shall not
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 67)
Description
[page 67]
[corresponds to labeled page 38 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Whiting Allen decd continued
in use directly or indirectly to the profit or pecuniary advantage in any
way of Stephen Tripp her present husband, nor shall the said Tripp exercise
any acts of ownership over the same, or over the occupancy thereof, or over
the rents, use, interests, or profits in any way arising therefrom or any
part thereof
3rd I bequeath unto the Missionary Society of Methodist Episcopal Church
of the W.S.A. Six hundred dollars in Shares of stock with the interest that
may have accrued on the same at my decease, in the Radnor Plank Road Com-
pany & also enough money to make one thousand dollars in value in all
reckoning said Plank Road stock at not less than par value
4th The remainder of my Real & personal estate not herein otherwise disposed
of after paying my lawful debts funeral expenses & shall be distributed among
my children, except the said Laura herein before provided for, equally share
and share alike to the children of my son Silas Dunbar decd one equal part
to the children of my son Warren Case decd one equal part & to the children of
my other of my children who may be deceased one equal part to be distrib
uted equally among them shares and share alike
I hereby revoke all other wills by me made and appoint my son Jedidiah
and John Wolfley my son in law, executors of this my last will and testament
In witness whereof I have hereunto set my hand & Seal this 19th day of
April, A.D. 1860
Whiting Allen
The forgoing writing was subscribed by the said Whiting Allen in our presence
& by him acknowledged to us and declared to be his last will and testament & witness
by us in his presence & at his request
Attest (Henton Tallman
(W.H.H. Tallman
The State of Ohio, Delaware County Ss
We Henton Tallman and W.H.H. Tallman being duly sworn in open
court this 18th day of August A.D. 1860, depose and say, that we were
present at the execution of the last will and testament of Whiting Allen
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 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
Henton Tallman
W.H.H Tallman
Sworn to and subscribed before me this 18th day of August A.D. 1860
I Ranney Probate Judge
[corresponds to labeled page 38 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Whiting Allen decd continued
in use directly or indirectly to the profit or pecuniary advantage in any
way of Stephen Tripp her present husband, nor shall the said Tripp exercise
any acts of ownership over the same, or over the occupancy thereof, or over
the rents, use, interests, or profits in any way arising therefrom or any
part thereof
3rd I bequeath unto the Missionary Society of Methodist Episcopal Church
of the W.S.A. Six hundred dollars in Shares of stock with the interest that
may have accrued on the same at my decease, in the Radnor Plank Road Com-
pany & also enough money to make one thousand dollars in value in all
reckoning said Plank Road stock at not less than par value
4th The remainder of my Real & personal estate not herein otherwise disposed
of after paying my lawful debts funeral expenses & shall be distributed among
my children, except the said Laura herein before provided for, equally share
and share alike to the children of my son Silas Dunbar decd one equal part
to the children of my son Warren Case decd one equal part & to the children of
my other of my children who may be deceased one equal part to be distrib
uted equally among them shares and share alike
I hereby revoke all other wills by me made and appoint my son Jedidiah
and John Wolfley my son in law, executors of this my last will and testament
In witness whereof I have hereunto set my hand & Seal this 19th day of
April, A.D. 1860
Whiting Allen
The forgoing writing was subscribed by the said Whiting Allen in our presence
& by him acknowledged to us and declared to be his last will and testament & witness
by us in his presence & at his request
Attest (Henton Tallman
(W.H.H. Tallman
The State of Ohio, Delaware County Ss
We Henton Tallman and W.H.H. Tallman being duly sworn in open
court this 18th day of August A.D. 1860, depose and say, that we were
present at the execution of the last will and testament of Whiting Allen
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 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
Henton Tallman
W.H.H Tallman
Sworn to and subscribed before me this 18th day of August A.D. 1860
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 68)
Description
[page 68]
[corresponds to labeled page 39 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of William Webster decd
Proceedings had before Hon Isaac 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 23rd day of August A.D. 1860
This day the last will and testament of William Webster late of said County
of Delaware deceased was produced in open court & duly proven by
the testimony of W.T. Watson and Martha C. Watson the subscribing witnesses
thereto (as reduced to writing and filed with said will) admitted to
Probate and ordered to be recorded as follows. to wit.
Copy of Will
In the name of the Benevolent Father of All, I William Webster of the
County of Delaware, Ohio, do make and publish this my last will and
testament
1st I give, will & bequeath to my son Frebourn Webster and his heirs
the sum of One Dollar he having had a share heretofore
2nd I give, will and bequeath to my son Mosher Webster and his heirs the
sum of Twenty five Dollars
3rd I give, will and bequeath to the heirs of my daughter Hannah Hart decd
the sum of Twenty five Dollars
4th I give, will and bequeath to my son Joseph P. Webster & his heirs Ten
acres of land off the north end of the lot of land he now lives on
5th I give will and bequeath to my daughter Sarah Rutherford & her heirs
the sum of five Dollars
6th I give will and bequeath to my daughter Adaline E. Webster & her heirs the
sum of Thirty five Dollars
7th I give will and bequeath to my son William H Webster all the residue
of my property to the Real & personal after my just debts and bequests shall
have been paid
8th I hereby nominate and appoint William H. Webster, executor of this my
last will & testament, hereby authorizing & empowering 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 and bequest to sell by private
sale or in such manner, upon such terms of audit or otherwise, as he may
think proper all or any part of my Real or personal estate, and further to
execute, acknowledge and deliver deeds in fee simple
9th 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 me made. In testimony hereof I have hereunto
set my hand and Seal this 22nd day of March in the year 1860
Signed and acknowledged by said William Webster as
William Webster {Seal}
last will and testament in our presence; and signed by
us in his presence and at his request.
W.T. Watson
Martha C. Watson
The State of Ohio, Delaware County Ss
We Walter T. Watson and Martha C. Watson being duly sworn
^this 23rd day of August A.D. 1860 in open Court, depose and say, that we were
present at the execution of the last will and testament of Wm Webster hereto
annexed; that we saw
the said testator subscribe said will, and heard him publish
and declare the same to be his 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 said as witnesses at his request & in his presence
and in the presence of each other. W.T. Watson, Martha C. Watson
Sworn to and subscribed before me this 23rd day of August A.D. 1860
I. Ranney Probate Judge
[corresponds to labeled page 39 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of William Webster decd
Proceedings had before Hon Isaac 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 23rd day of August A.D. 1860
This day the last will and testament of William Webster late of said County
of Delaware deceased was produced in open court & duly proven by
the testimony of W.T. Watson and Martha C. Watson the subscribing witnesses
thereto (as reduced to writing and filed with said will) admitted to
Probate and ordered to be recorded as follows. to wit.
Copy of Will
In the name of the Benevolent Father of All, I William Webster of the
County of Delaware, Ohio, do make and publish this my last will and
testament
1st I give, will & bequeath to my son Frebourn Webster and his heirs
the sum of One Dollar he having had a share heretofore
2nd I give, will and bequeath to my son Mosher Webster and his heirs the
sum of Twenty five Dollars
3rd I give, will and bequeath to the heirs of my daughter Hannah Hart decd
the sum of Twenty five Dollars
4th I give, will and bequeath to my son Joseph P. Webster & his heirs Ten
acres of land off the north end of the lot of land he now lives on
5th I give will and bequeath to my daughter Sarah Rutherford & her heirs
the sum of five Dollars
6th I give will and bequeath to my daughter Adaline E. Webster & her heirs the
sum of Thirty five Dollars
7th I give will and bequeath to my son William H Webster all the residue
of my property to the Real & personal after my just debts and bequests shall
have been paid
8th I hereby nominate and appoint William H. Webster, executor of this my
last will & testament, hereby authorizing & empowering 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 and bequest to sell by private
sale or in such manner, upon such terms of audit or otherwise, as he may
think proper all or any part of my Real or personal estate, and further to
execute, acknowledge and deliver deeds in fee simple
9th 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 me made. In testimony hereof I have hereunto
set my hand and Seal this 22nd day of March in the year 1860
Signed and acknowledged by said William Webster as
William Webster {Seal}
last will and testament in our presence; and signed by
us in his presence and at his request.
W.T. Watson
Martha C. Watson
The State of Ohio, Delaware County Ss
We Walter T. Watson and Martha C. Watson being duly sworn
^this 23rd day of August A.D. 1860 in open Court, depose and say, that we were
present at the execution of the last will and testament of Wm Webster hereto
annexed; that we saw
the said testator subscribe said will, and heard him publish
and declare the same to be his 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 said as witnesses at his request & in his presence
and in the presence of each other. W.T. Watson, Martha C. Watson
Sworn to and subscribed before me this 23rd day of August A.D. 1860
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 69)
Description
[page 69]
[corresponds to labeled page 40 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Mary Ann Kepler decd
Proceedings had before Hon. 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 11th day of October A.D. 1860
Be it remembered that on the 11th day of october A.D. 1860 an
authenticated copy of the last will and testament of Mary Ann
Kepler decd late of Wyandot Co. O. was produced in open court
and it appearing to the satisfaction of the Court that the said will
had been proved in said County of Wyandot & State of Ohio 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 there
be recorded in the record of wills for said county of Delaware
Copy of authenticated copy of will
Dec 20th A.D. 1859
Be it remembered that on the 20th day of Dec A.D. 1859
the last will and testament of Mary Ann Kepler decd late of Wyandot
County Ohio, was produced in open court for Probate and thereupon came
Ezra Phelps and Ransom Bennett the subscribing witnesses to said will
who were duly sworn and examined teaching the execution and acknowledge
ment of said will which examination was reduced to writing and signed
by said witnesses; and is appearing to the satisfaction of Court, That
said testator at the time of executing said will was of full age, of sound
mind and memory and under no restraint it was ordered that said
will be admitted to Probate, and that the same together with testimony
of the same together with the testimony of the said witnesses be recorded
And be it also remembered that said will and testimony, is in the words
and figures following, to wit,
Will
In the name of the Benevolent Father of All, I Mary Ann Kepler of
Wyandot County O. publish this my last will and testament
Item 1st I give and devise out of my share of the farm lying in Radnor Tp
Delaware County to my beloved brother Samuel Kepler One Hundred dollars, and
to my beloved Sister Rachel Kepler One Hundred dollars and to my
beloved sister Susanna who is intermarried with David Case all
the remainder of the same
Item 2nd I give and devise to my step Father David Cole, after
he pays my debts and funeral expenses, the remainder of thirty four
dollars which he owes me, and my cow
I hereby revoke all former wills by me made
In testimony when of I have hereunto set my hand and seal this 29th
day of August in the year 1859
her
Mary Ann x Kepler
mark
Signed and acknowledged by said )
Mary Ann Kepler as her last will and )
testament in our presence and signed )
by us in her presence Ezra Phelps )
Ransom Bennett )
[corresponds to labeled page 40 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Mary Ann Kepler decd
Proceedings had before Hon. 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 11th day of October A.D. 1860
Be it remembered that on the 11th day of october A.D. 1860 an
authenticated copy of the last will and testament of Mary Ann
Kepler decd late of Wyandot Co. O. was produced in open court
and it appearing to the satisfaction of the Court that the said will
had been proved in said County of Wyandot & State of Ohio 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 there
be recorded in the record of wills for said county of Delaware
Copy of authenticated copy of will
Dec 20th A.D. 1859
Be it remembered that on the 20th day of Dec A.D. 1859
the last will and testament of Mary Ann Kepler decd late of Wyandot
County Ohio, was produced in open court for Probate and thereupon came
Ezra Phelps and Ransom Bennett the subscribing witnesses to said will
who were duly sworn and examined teaching the execution and acknowledge
ment of said will which examination was reduced to writing and signed
by said witnesses; and is appearing to the satisfaction of Court, That
said testator at the time of executing said will was of full age, of sound
mind and memory and under no restraint it was ordered that said
will be admitted to Probate, and that the same together with testimony
of the same together with the testimony of the said witnesses be recorded
And be it also remembered that said will and testimony, is in the words
and figures following, to wit,
Will
In the name of the Benevolent Father of All, I Mary Ann Kepler of
Wyandot County O. publish this my last will and testament
Item 1st I give and devise out of my share of the farm lying in Radnor Tp
Delaware County to my beloved brother Samuel Kepler One Hundred dollars, and
to my beloved Sister Rachel Kepler One Hundred dollars and to my
beloved sister Susanna who is intermarried with David Case all
the remainder of the same
Item 2nd I give and devise to my step Father David Cole, after
he pays my debts and funeral expenses, the remainder of thirty four
dollars which he owes me, and my cow
I hereby revoke all former wills by me made
In testimony when of I have hereunto set my hand and seal this 29th
day of August in the year 1859
her
Mary Ann x Kepler
mark
Signed and acknowledged by said )
Mary Ann Kepler as her last will and )
testament in our presence and signed )
by us in her presence Ezra Phelps )
Ransom Bennett )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 70)
Description
[page 70]
[corresponds to labeled page 41 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Mary Ann Kepler decd cont
And be it also remembered that the testimony of said subscribing
witnesses to said will is in the words and figures following to wit.
The State of Ohio )
Wyandot County ) Ss
Ezra Phelps and Ranson Bennett being duly
sworn in open court this 20th day of December A.D. 1859 depose and say
that we were present at the execution of the last will and testament of
Mary Ann Kepler late of Wyandot County Ohio deceased, that they saw,
said testator signed said last will and testament and heard her declare the
same to be to be her last will and testament, that at the time she was of sound
mind and memory and under no restraint and that they signed the same
as witnesses thereto at her request and in her presence.
Ezra Phelps
Ransom Bennett
Sworn to and subscribed before me )
this 20th of December A.D. 1859 )
M.H. Kirby Probate Judge )
Last Will and Testament of Timothy Andrus decd
Proceedings had before Hon Isaac Ranney Probate
Judge within & for the county of Delaware and
State of Ohio, at his office in the Town of Delaware
on the 14th day of November 1860,
Be it remembered that on the 14th day of November
A.D. 1860 the last Will and Testament of Timothy
Andrus decd late of Delaware County Ohio, was
produced in open Court for Probate and there
upon came Samuel Davidson and Vance
Davidson the subscribing witnesses to said Will
who were duly sworn and examined touch-
ing the execution & acknowledgement of said Will
which examiniation was reduced to writing and
signed by said witnesses. and it appearing to
the satisfaction of the Court that said testator
at the time of executing said will was of full
age of sound mind and memory and under
no restraint it was ordered that said will
be admitted to Probate and that the same
together with the testimony of the said witnesses
be recorded as follows.
Copy of Will
In the name of the Benevolent Father of All
I Timothy Andrus of Berlin Township Delaware
County State of Ohio do make and publish
see page 44
[corresponds to labeled page 41 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Mary Ann Kepler decd cont
And be it also remembered that the testimony of said subscribing
witnesses to said will is in the words and figures following to wit.
The State of Ohio )
Wyandot County ) Ss
Ezra Phelps and Ranson Bennett being duly
sworn in open court this 20th day of December A.D. 1859 depose and say
that we were present at the execution of the last will and testament of
Mary Ann Kepler late of Wyandot County Ohio deceased, that they saw,
said testator signed said last will and testament and heard her declare the
same to be to be her last will and testament, that at the time she was of sound
mind and memory and under no restraint and that they signed the same
as witnesses thereto at her request and in her presence.
Ezra Phelps
Ransom Bennett
Sworn to and subscribed before me )
this 20th of December A.D. 1859 )
M.H. Kirby Probate Judge )
Last Will and Testament of Timothy Andrus decd
Proceedings had before Hon Isaac Ranney Probate
Judge within & for the county of Delaware and
State of Ohio, at his office in the Town of Delaware
on the 14th day of November 1860,
Be it remembered that on the 14th day of November
A.D. 1860 the last Will and Testament of Timothy
Andrus decd late of Delaware County Ohio, was
produced in open Court for Probate and there
upon came Samuel Davidson and Vance
Davidson the subscribing witnesses to said Will
who were duly sworn and examined touch-
ing the execution & acknowledgement of said Will
which examiniation was reduced to writing and
signed by said witnesses. and it appearing to
the satisfaction of the Court that said testator
at the time of executing said will was of full
age of sound mind and memory and under
no restraint it was ordered that said will
be admitted to Probate and that the same
together with the testimony of the said witnesses
be recorded as follows.
Copy of Will
In the name of the Benevolent Father of All
I Timothy Andrus of Berlin Township Delaware
County State of Ohio do make and publish
see page 44
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 71)
Description
[page 71]
[corresponds to labeled page 42 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Benjamin High deceased
Proceedings had before Hon 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 27th day of October A.D. 1860
This day the last will and testament of Benj'm High of the town,
County of Delaware late deceased was produced in open court and
duly proven by the testimony of Jacob Terry & R B Smith the sub-
scribing witnesses thereto (as reduced to writing & 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 Benjamin High
of the town & Township of Delaware in the County of Delaware and
State of Ohio, do make and publish this my Last Will & Testament
Item 1st I give and devise unto my sister Lydia Cowgill the use
of Fifteen hundred Dollars during her natural life and at her death
the same to be divided into three equal parts: the four youngest child-
ren of my brother William High to have one part and John High
& Elizabeth Jamison each one part
Item 2nd The Balance of my property, after paying all my debts, funeral
expenses & costs of administration I desire to be divided into four equal
parts: the four youngest children of my brother William High to have
one share & my brother John High & my sisters Elizabeth Jamison &
Lydia Cowgill each to have one share
Item 3rd I give and devise all my household goods & furniture to my
sister Lydia Cowgill and desire my executor to pay her house rent this
year
Item 4th I give and devise to Reuben High my gold watch & chain
Item 5th I give and devise to John High my chest of carpenter and
millwright tools
Item 6th I do hereby nominate and appoint George A Jackson Executor of
this my last will and testament, hereby authorizing & empowering him to
compromise, adjust, release & discharge in such manner as to him
may seem proper the debts & claims due me. And I desire that my
executor, as soon as may be after he has given bonds as such
proceed to convert all my notes & my interest in the steam Grist mill
at Crestline Ohio & all other property not already bequeathed, into mon
ey as soon as he can do so without sacrificing the same; I do also
authorize & empower him to sell by private sale, or in such manner,
upon such terms of credit or otherwise as he may think best and
my property, not especially bequeathed including my interest in said
mill & deeds to purchased to execute acknowledge & deliver in fee
simple
Item 7th I desire that as soon as my executor shall have set
tled up my estate that my brother John High then give bonds
as trustee for the purpose of carrying out the provisions of this
will and I do hereby nominate and appoint him Trustee for
that Purpose and should he die or from any other cause become
disqualified for carrying out said trust I desire that the Probate
[corresponds to labeled page 42 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Benjamin High deceased
Proceedings had before Hon 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 27th day of October A.D. 1860
This day the last will and testament of Benj'm High of the town,
County of Delaware late deceased was produced in open court and
duly proven by the testimony of Jacob Terry & R B Smith the sub-
scribing witnesses thereto (as reduced to writing & 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 Benjamin High
of the town & Township of Delaware in the County of Delaware and
State of Ohio, do make and publish this my Last Will & Testament
Item 1st I give and devise unto my sister Lydia Cowgill the use
of Fifteen hundred Dollars during her natural life and at her death
the same to be divided into three equal parts: the four youngest child-
ren of my brother William High to have one part and John High
& Elizabeth Jamison each one part
Item 2nd The Balance of my property, after paying all my debts, funeral
expenses & costs of administration I desire to be divided into four equal
parts: the four youngest children of my brother William High to have
one share & my brother John High & my sisters Elizabeth Jamison &
Lydia Cowgill each to have one share
Item 3rd I give and devise all my household goods & furniture to my
sister Lydia Cowgill and desire my executor to pay her house rent this
year
Item 4th I give and devise to Reuben High my gold watch & chain
Item 5th I give and devise to John High my chest of carpenter and
millwright tools
Item 6th I do hereby nominate and appoint George A Jackson Executor of
this my last will and testament, hereby authorizing & empowering him to
compromise, adjust, release & discharge in such manner as to him
may seem proper the debts & claims due me. And I desire that my
executor, as soon as may be after he has given bonds as such
proceed to convert all my notes & my interest in the steam Grist mill
at Crestline Ohio & all other property not already bequeathed, into mon
ey as soon as he can do so without sacrificing the same; I do also
authorize & empower him to sell by private sale, or in such manner,
upon such terms of credit or otherwise as he may think best and
my property, not especially bequeathed including my interest in said
mill & deeds to purchased to execute acknowledge & deliver in fee
simple
Item 7th I desire that as soon as my executor shall have set
tled up my estate that my brother John High then give bonds
as trustee for the purpose of carrying out the provisions of this
will and I do hereby nominate and appoint him Trustee for
that Purpose and should he die or from any other cause become
disqualified for carrying out said trust I desire that the Probate
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 72)
Description
[page 72]
[corresponds to labeled page 43 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Benjamin High decd cont
court appoint some suitable person to complete said trust
and I desire that the said Court allow to said Trustee such allow-
ance as may be thought reasonable & just to compensate said Trustee
for his services as such: I desire that said Trustee loan or invest
in some safe way the amount bequeathed to my sister Lydia Cowgill
during her life & to pay to her annually the interest of the same. And
I desire also that he invest for the use and benefit of the four youngest
children of my brother William High the amount bequeathed to
them, whatever it may be until they became of age, thus to give
them the control of the same
I desire that no appraisment and no sale of my personal
property be made and that the Court of Probate direct the o-
mission of the same in pursuance of the statute
In testimony hereof, I have hereunto set my hand & seal
this 26th day of September A.D. 1860
Benjamin High {Seal}
Signed sealed & acknowledged by
said Benjamin High as his last will
and testament in our presence and
signed by us in his presence & as his re
quest & in the presence of each other
Jacob Terry
RB Smith
Whereas I Benjamin High on the 26th day of September A.D. 1860 made
my last will & Testament of that day do hereby declare the following to
be a codicil to the same
If my said sister Lydia Cowgil shall make any charge against my
estate for her services in taking care of me said amount she charges whatever
it may be shall be deducted from said Fifteen hundred Dollars, the use of
which I have heretofore bequeathed her in witness whereof I have hereunto set
my hand & seal this 29th day of September A.D. 1860
Benjamin High {Seal}
Signed Sealed & acknowledged by said Benjamin High as a codicil to
his last will & testament in our presence & signed by as at his request & in his
presence & in the presence of each other
Jacob Terry
R B Smith
The State of Ohio, Delaware County, Ss.
We Jacob Terry and RB Smith being duly sworn in open court this 27th day
of October A.D. 1860 despose and say that we were present at the
execution of the last will & testament of Benjm High hereto annexed;
that we saw the said testator subscribe said will and codicil and
heard him publish and declare the same to 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,
that we signed the same as witnesses at his request and in his presence
and in the presence of each other Jacob Terry RB Smith
Sworn to and subscribed before me this 27th day of Oct A.D. 1860
I. Ranney Probate Judge
[corresponds to labeled page 43 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Benjamin High decd cont
court appoint some suitable person to complete said trust
and I desire that the said Court allow to said Trustee such allow-
ance as may be thought reasonable & just to compensate said Trustee
for his services as such: I desire that said Trustee loan or invest
in some safe way the amount bequeathed to my sister Lydia Cowgill
during her life & to pay to her annually the interest of the same. And
I desire also that he invest for the use and benefit of the four youngest
children of my brother William High the amount bequeathed to
them, whatever it may be until they became of age, thus to give
them the control of the same
I desire that no appraisment and no sale of my personal
property be made and that the Court of Probate direct the o-
mission of the same in pursuance of the statute
In testimony hereof, I have hereunto set my hand & seal
this 26th day of September A.D. 1860
Benjamin High {Seal}
Signed sealed & acknowledged by
said Benjamin High as his last will
and testament in our presence and
signed by us in his presence & as his re
quest & in the presence of each other
Jacob Terry
RB Smith
Whereas I Benjamin High on the 26th day of September A.D. 1860 made
my last will & Testament of that day do hereby declare the following to
be a codicil to the same
If my said sister Lydia Cowgil shall make any charge against my
estate for her services in taking care of me said amount she charges whatever
it may be shall be deducted from said Fifteen hundred Dollars, the use of
which I have heretofore bequeathed her in witness whereof I have hereunto set
my hand & seal this 29th day of September A.D. 1860
Benjamin High {Seal}
Signed Sealed & acknowledged by said Benjamin High as a codicil to
his last will & testament in our presence & signed by as at his request & in his
presence & in the presence of each other
Jacob Terry
R B Smith
The State of Ohio, Delaware County, Ss.
We Jacob Terry and RB Smith being duly sworn in open court this 27th day
of October A.D. 1860 despose and say that we were present at the
execution of the last will & testament of Benjm High hereto annexed;
that we saw the said testator subscribe said will and codicil and
heard him publish and declare the same to 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,
that we signed the same as witnesses at his request and in his presence
and in the presence of each other Jacob Terry RB Smith
Sworn to and subscribed before me this 27th day of Oct A.D. 1860
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 73)
Description
[page 73]
[corresponds to labeled page 44 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Timothy Andrus decd
continued from page 41
This my last Will and Testament
Item 1st I give and devise to my two sons David
Andrus & Orin B Andrus One Hundred Dollars
each then the balance of my property to be divi
ded equally between all my children now living
to with Daniel Andrus Orin B. Andrus Mercy
Ridgway, Harriet Stone, Elvira Wultz Lucinda
Zanes Laura Ethington
Item 2 I do hereby nominate & appoint my
two sons David Andrus & Orin B Andrus executors
of this my last Will and Testament hereby author
izing & empowering them to compromise adjust
release and discharge in such manner as they
may deem proper, the debts and claims due
me and to pay funeral expenses and all my
just debts.
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand
and seal this 23rd day of July in the year 1859
Timothy Andrus [Seal]
Signed and acknowledged by said Timothy
Andrus as his last will and Testament in
our presence and signed by us in his presence
Samuel Davidson
Nancy Davidson
The State of Ohio, Delaware County ss
We Samuel Davidson & Nancy Davidson being duly
sworn in open court this 14th day of Novemeber AD
1860 depose & say that we were present at the ex
ecution of the last will & Testament of Timothy
Andrus hereto annexed that we saw the said
testator subscribe said will and heard him pub
lish & declare the same to be his last Will and
Testament and that the said testator at the time
of executing the same was of full age & of sound
mind and memory and not under any restraint
and that we signed the same as Witnesses at his
request and in his presence and in the presence of
each other
Samuel Davidson
Nancy Davidson
Sworn to and subscribed before me this 14th day
November AD 1860
I Ranney Probate Judge
[corresponds to labeled page 44 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Timothy Andrus decd
continued from page 41
This my last Will and Testament
Item 1st I give and devise to my two sons David
Andrus & Orin B Andrus One Hundred Dollars
each then the balance of my property to be divi
ded equally between all my children now living
to with Daniel Andrus Orin B. Andrus Mercy
Ridgway, Harriet Stone, Elvira Wultz Lucinda
Zanes Laura Ethington
Item 2 I do hereby nominate & appoint my
two sons David Andrus & Orin B Andrus executors
of this my last Will and Testament hereby author
izing & empowering them to compromise adjust
release and discharge in such manner as they
may deem proper, the debts and claims due
me and to pay funeral expenses and all my
just debts.
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand
and seal this 23rd day of July in the year 1859
Timothy Andrus [Seal]
Signed and acknowledged by said Timothy
Andrus as his last will and Testament in
our presence and signed by us in his presence
Samuel Davidson
Nancy Davidson
The State of Ohio, Delaware County ss
We Samuel Davidson & Nancy Davidson being duly
sworn in open court this 14th day of Novemeber AD
1860 depose & say that we were present at the ex
ecution of the last will & Testament of Timothy
Andrus hereto annexed that we saw the said
testator subscribe said will and heard him pub
lish & declare the same to be his last Will and
Testament and that the said testator at the time
of executing the same was of full age & of sound
mind and memory and not under any restraint
and that we signed the same as Witnesses at his
request and in his presence and in the presence of
each other
Samuel Davidson
Nancy Davidson
Sworn to and subscribed before me this 14th day
November AD 1860
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 74)
Description
[page 74]
[corresponds to page labeled 45 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Samuel Leonard dec'd
Proceedings had before Hon Isaac Ranney Probate
Judge within & for the County of Delaware and
State of Ohio, at his office in the town of Delaware
on the 19th day of December 1860
Be it remembered that on the 19th day of Dec'r
AD 1860 the last will & testament of Samuel
Leonard dec'd late of Delaware County Ohio
was produced in open Court for Probate &
thereupon came Wm Roberts & George Roberts the
subscribing witnesses to said will who were
duly sworn & examined touching the execu
tion of & acknowledged said will which examination was
reduced to writing & signed by said wit
nesses and it appearing to the satisfaction
of the Court that said testator at the time
of executing said will was of full age &
of sound mind and memory and under
no restraint it was ordered that the said
will and testimony be recorded as follows
Copy of Will
In the name of my being in Heavenly Father
I Samuel Leonard being in feeble health but
of sound do make & publish this my
last will and testament viz
Item 1st It is my will and request that
all just debts against my estate be fully
paid and that my executor cause a suit
able tombstone to be erected over my grave
Item 2d I give and bequeath unto my beloved
wife Nancy Leonard the use of all my
real estate and the household furniture
during her natural life. this to be in lieu
of her dower the furniture to be hers to dis-
pose of absolutely.
Item 3d I give and bequeath to each of my
three daughters Jane Mary Jo & Eliza Leonard
forty dollars each to be paid out of the first
monies rec'd by my executor after all legal
demands against my estate are fully paid
to be paid in the following order, Elizas first
and then each other daughter above named
equal. this to be a special bequest.
Item 4th After the decease of my said wife my real
Estate to be equally divided among all my children
and if any shall have died and left a sur
[corresponds to page labeled 45 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Samuel Leonard dec'd
Proceedings had before Hon Isaac Ranney Probate
Judge within & for the County of Delaware and
State of Ohio, at his office in the town of Delaware
on the 19th day of December 1860
Be it remembered that on the 19th day of Dec'r
AD 1860 the last will & testament of Samuel
Leonard dec'd late of Delaware County Ohio
was produced in open Court for Probate &
thereupon came Wm Roberts & George Roberts the
subscribing witnesses to said will who were
duly sworn & examined touching the execu
tion of & acknowledged said will which examination was
reduced to writing & signed by said wit
nesses and it appearing to the satisfaction
of the Court that said testator at the time
of executing said will was of full age &
of sound mind and memory and under
no restraint it was ordered that the said
will and testimony be recorded as follows
Copy of Will
In the name of my being in Heavenly Father
I Samuel Leonard being in feeble health but
of sound do make & publish this my
last will and testament viz
Item 1st It is my will and request that
all just debts against my estate be fully
paid and that my executor cause a suit
able tombstone to be erected over my grave
Item 2d I give and bequeath unto my beloved
wife Nancy Leonard the use of all my
real estate and the household furniture
during her natural life. this to be in lieu
of her dower the furniture to be hers to dis-
pose of absolutely.
Item 3d I give and bequeath to each of my
three daughters Jane Mary Jo & Eliza Leonard
forty dollars each to be paid out of the first
monies rec'd by my executor after all legal
demands against my estate are fully paid
to be paid in the following order, Elizas first
and then each other daughter above named
equal. this to be a special bequest.
Item 4th After the decease of my said wife my real
Estate to be equally divided among all my children
and if any shall have died and left a sur
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 75)
Description
[page 75]
[corresponds to labeled page 46 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Samuel Leonard dec'd
viving child or children such to inherit its parents
portion. And in case it shall become necessary to,
sell the real estate in order to make an equitable
division among my children I hereby authorize
and empower my executor to sell and convey
by a good & sufficient deed all of said real
estate on the most advantageous terms whether
at public or private sale and for pay down or
on a credit of not more than four years
with mortgage security and in payment no
preference to be given to the one heirs more than
another. In case that there should not be
monies enough in the hands of my executor
to pay to all equal their special bequests then
real Estate and after that to share equal.
Item 5th I hereby appoint my son Almon Leonard
executor of this my last will & testament and do
revoke all others made by me. In testimony whereof
I have hereunto set my hand and seal this
19th day of May AD 1860
Samuel Leonard [Seal]
Signed sealed and acknowledged in presence of
us and we witnessed the same at the request of
said Samuel Leonard
Wm Roberts
George Roberts
The State of Ohio
Delaware County ss
We William Roberts and George Roberts being duly sworn
in open Court, this 19th day of Decemeber AD 1860 depose
and say that we were present at the execution of the
last will and testament of Samuel Leonard hereto
annexed and 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 full age and of sound mind and memory and
not under any restraint and that we signed the
same as witnesses at this request and in his
presence & in the presence of each others
Wm Roberts
George Roberts
Sworn to and subscribed before me this 19th
day of Decmeber AD 1860
I Ranney
Probate Judge
[corresponds to labeled page 46 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Samuel Leonard dec'd
viving child or children such to inherit its parents
portion. And in case it shall become necessary to,
sell the real estate in order to make an equitable
division among my children I hereby authorize
and empower my executor to sell and convey
by a good & sufficient deed all of said real
estate on the most advantageous terms whether
at public or private sale and for pay down or
on a credit of not more than four years
with mortgage security and in payment no
preference to be given to the one heirs more than
another. In case that there should not be
monies enough in the hands of my executor
to pay to all equal their special bequests then
real Estate and after that to share equal.
Item 5th I hereby appoint my son Almon Leonard
executor of this my last will & testament and do
revoke all others made by me. In testimony whereof
I have hereunto set my hand and seal this
19th day of May AD 1860
Samuel Leonard [Seal]
Signed sealed and acknowledged in presence of
us and we witnessed the same at the request of
said Samuel Leonard
Wm Roberts
George Roberts
The State of Ohio
Delaware County ss
We William Roberts and George Roberts being duly sworn
in open Court, this 19th day of Decemeber AD 1860 depose
and say that we were present at the execution of the
last will and testament of Samuel Leonard hereto
annexed and 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 full age and of sound mind and memory and
not under any restraint and that we signed the
same as witnesses at this request and in his
presence & in the presence of each others
Wm Roberts
George Roberts
Sworn to and subscribed before me this 19th
day of Decmeber AD 1860
I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 76)
Description
[page 76]
[corresponds to labeled page 47 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah Martin dec'd
Proceedings had before Hon 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 21st day of Decemeber 1860
Be it remembered that on the 21st day of
December AD 1860 the last will and testament
of Sarah Martin dec'd late of Delaware County
Ohio was produced in open Court for Probate
Judge & thereupon came Sarah A Rawn WW
Willis & WP Reid the subscribing witnesses to
said Will who were duly sworn and
examined touching the execution and acknowled
gement of said will which examination was
reduced to writing and signed by said
witnesses and it appearing to the satisfacti=
tion of the Court that said testatrix at
the time of the executing said will was of full
age and of sound mind and memory
and under no restraint, it was ordered that
the said will and testimony be recorded as
follows
Copy of Will
In the name of the Benevolent Father of all
I Sarah Martin of the Town and County of
Delaware Ohio do make and publish this my
last will and testament as follows
First I devise that all my just debts be
paid out of my estate
Secondly I devise and bequeath to my beloved
son William H Martin and to his heirs and
assigns all my property of every name and
nature real personal & mixed or either and
all including my real estate in the town of
Delaware Ohio now occupied by me as a
homestead by me recently purchased of the firm
of Frost and Willis of said town. Also the house
and lot now owned by me in Warrenton
Village in the County of Jefferson Ohio, also all
my household Goods funtiture of every name and
nature wheresoever situated which I now in
my name own or what I may hereafter
acquire before my decease or in any manner
be entitled to.
Thirdly I hereby nominate and appoint my
son William H Martin Executor of this my
[corresponds to labeled page 47 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah Martin dec'd
Proceedings had before Hon 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 21st day of Decemeber 1860
Be it remembered that on the 21st day of
December AD 1860 the last will and testament
of Sarah Martin dec'd late of Delaware County
Ohio was produced in open Court for Probate
Judge & thereupon came Sarah A Rawn WW
Willis & WP Reid the subscribing witnesses to
said Will who were duly sworn and
examined touching the execution and acknowled
gement of said will which examination was
reduced to writing and signed by said
witnesses and it appearing to the satisfacti=
tion of the Court that said testatrix at
the time of the executing said will was of full
age and of sound mind and memory
and under no restraint, it was ordered that
the said will and testimony be recorded as
follows
Copy of Will
In the name of the Benevolent Father of all
I Sarah Martin of the Town and County of
Delaware Ohio do make and publish this my
last will and testament as follows
First I devise that all my just debts be
paid out of my estate
Secondly I devise and bequeath to my beloved
son William H Martin and to his heirs and
assigns all my property of every name and
nature real personal & mixed or either and
all including my real estate in the town of
Delaware Ohio now occupied by me as a
homestead by me recently purchased of the firm
of Frost and Willis of said town. Also the house
and lot now owned by me in Warrenton
Village in the County of Jefferson Ohio, also all
my household Goods funtiture of every name and
nature wheresoever situated which I now in
my name own or what I may hereafter
acquire before my decease or in any manner
be entitled to.
Thirdly I hereby nominate and appoint my
son William H Martin Executor of this my
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 77)
Description
[page 77]
[corresponds to labeled page 48 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah Martin dec'd
last will and testament.
Fourthly I revoke all former Wills by me
made
In testimony whereof I have hereunto set
my hand and seal this 29th day of November
AD 1860
Sarah Martin [Seal]
Signed sealed and acknowledged by said
Sarah Martin to be her last will and Tes-
tament in our presence and signed by us
at her request in her presence this 29th day
of November AD 1860
W W Willis
Sarah A. Rawn
W P Reid
The State of Ohio Delaware County ss
We W P Reid W W Willis and Mrs Sarah A
Rawn being duly sworn in open Court this
21st day of December AD 1860 depose and
say that we were present at the execution
of the last will and testament of Sarah
Martin 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 testament and that
the said testatrix at the time of executing
the same was 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.
Sarah A Rawn
W W Willis
W P Reid
Sworn to and subscribed before me this 21st
day of Decmeber AD 1860
I Ranney
Probate Judge
[corresponds to labeled page 48 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Sarah Martin dec'd
last will and testament.
Fourthly I revoke all former Wills by me
made
In testimony whereof I have hereunto set
my hand and seal this 29th day of November
AD 1860
Sarah Martin [Seal]
Signed sealed and acknowledged by said
Sarah Martin to be her last will and Tes-
tament in our presence and signed by us
at her request in her presence this 29th day
of November AD 1860
W W Willis
Sarah A. Rawn
W P Reid
The State of Ohio Delaware County ss
We W P Reid W W Willis and Mrs Sarah A
Rawn being duly sworn in open Court this
21st day of December AD 1860 depose and
say that we were present at the execution
of the last will and testament of Sarah
Martin 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 testament and that
the said testatrix at the time of executing
the same was 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.
Sarah A Rawn
W W Willis
W P Reid
Sworn to and subscribed before me this 21st
day of Decmeber AD 1860
I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 78)
Description
[page 78]
[corresponds to labeled page 49 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thos W McCoy decd
Proceedings had before Hon 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 22d day of December AD 1860
Be it remembered that on the 22d day of Decem-
ber AD 1860 the last will and testament of Thos
W McCoy dec'd late of Delaware County Ohio
was produced in open Court for Probate and
thereupon came J. A Wasson and N S Cunning=
ham the subscribing witnesses to said will who
were duly sworn and examined touching
the execution and acknowledgement of said
Will which examination was reduced to writing
and signed by said witnesses and it appear
ing to the satisfaction of the Court that said
testator at the time of executing said Will was
of full age and of sound mind and mem=
ory and under no restraint, it was ordered
that the said will and testimony be recorded
as follows
Copy of Will
In the name of the Benevolent Father of all
I Thos W McCoy of the town of Delaware Delaware
County State of Ohio Do make and publish this
my last will and testament.
I give to my sister Elizabeth D McCoy my real
Estate known as the Cline Mill property situated
in Marlborough Township described as follows
in Town six Range 19 section one formerly owned
by Henry Cline Jr. I also will to my said
sister Elizabeth D McCoy one third of my personal
effects after all legal debts are paid by my
executor or adminstrator according to law
I also will to my Brother James McCoy Eighty
acres of land situated in the County of Knox
and State of Indiana given to satisfy a claim
between Miles and Doty against Corvan Dye
and Price at a settlement made at a term
of the Common Pleas Court of Champaign County
Ohio by the said parties Miles and Doty
I also will to my neice Elizabeth Anderson
twenty Dollars to be paid of my effects Real
and personal after all legal are paid
I do hereby appoint James McCoy Executor of
this my last Will and testament I do
authorize and empower him to convey in
fee simple all my Estate
In testimony whereof I have hereunto set
[corresponds to labeled page 49 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thos W McCoy decd
Proceedings had before Hon 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 22d day of December AD 1860
Be it remembered that on the 22d day of Decem-
ber AD 1860 the last will and testament of Thos
W McCoy dec'd late of Delaware County Ohio
was produced in open Court for Probate and
thereupon came J. A Wasson and N S Cunning=
ham the subscribing witnesses to said will who
were duly sworn and examined touching
the execution and acknowledgement of said
Will which examination was reduced to writing
and signed by said witnesses and it appear
ing to the satisfaction of the Court that said
testator at the time of executing said Will was
of full age and of sound mind and mem=
ory and under no restraint, it was ordered
that the said will and testimony be recorded
as follows
Copy of Will
In the name of the Benevolent Father of all
I Thos W McCoy of the town of Delaware Delaware
County State of Ohio Do make and publish this
my last will and testament.
I give to my sister Elizabeth D McCoy my real
Estate known as the Cline Mill property situated
in Marlborough Township described as follows
in Town six Range 19 section one formerly owned
by Henry Cline Jr. I also will to my said
sister Elizabeth D McCoy one third of my personal
effects after all legal debts are paid by my
executor or adminstrator according to law
I also will to my Brother James McCoy Eighty
acres of land situated in the County of Knox
and State of Indiana given to satisfy a claim
between Miles and Doty against Corvan Dye
and Price at a settlement made at a term
of the Common Pleas Court of Champaign County
Ohio by the said parties Miles and Doty
I also will to my neice Elizabeth Anderson
twenty Dollars to be paid of my effects Real
and personal after all legal are paid
I do hereby appoint James McCoy Executor of
this my last Will and testament I do
authorize and empower him to convey in
fee simple all my Estate
In testimony whereof I have hereunto set
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 79)
Description
[page 79]
[corresponds to labeled page 50 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thos W McCoy decd
my hand and seal this 3d day of December
AD 1860
Thos W McCoy [Seal]
Signed and acknowledged by said Thos W McCoy
as his last will and testament in our presence
and signed by us in his presence
Joseph A Wasson [Seal]
NS Cunningham [Seal]
The State of Ohio Delaware County ss
We Joseph A Wasson and Miss NS Cunningham
being duly sworn in open court this 22d day of
December AD 1860 depose and say that we
were present at the execution of the last will
and Testament of Thos W McCoy 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 testamony
and that the said testator at the time of execution
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 pres
ence of each other.
JA Wasson
NS Cunningham
Sworn to and subscribed before me this 22d day
of Decemeber AD 1860
I Ranney
Probate Judge
[corresponds to labeled page 50 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thos W McCoy decd
my hand and seal this 3d day of December
AD 1860
Thos W McCoy [Seal]
Signed and acknowledged by said Thos W McCoy
as his last will and testament in our presence
and signed by us in his presence
Joseph A Wasson [Seal]
NS Cunningham [Seal]
The State of Ohio Delaware County ss
We Joseph A Wasson and Miss NS Cunningham
being duly sworn in open court this 22d day of
December AD 1860 depose and say that we
were present at the execution of the last will
and Testament of Thos W McCoy 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 testamony
and that the said testator at the time of execution
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 pres
ence of each other.
JA Wasson
NS Cunningham
Sworn to and subscribed before me this 22d day
of Decemeber AD 1860
I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 80)
Description
[page 80]
[corresponds to labeled page 51 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Slawson decd
Proceedings had before Hon I Ranney Probate
Judge within & for the County of Delaware and State
of Ohio at his office in the Town of Delaware
on the 29th day of January 1861
This day the last Will & Testament of James Slawson decd
late of Delaware County Ohio was produced in open
Court and duly proven by the testimony of Alfred
Slawson and Orville Slawson the subscribing
witnesses thereto who were duly sworn and exam=
ined touching the execution & acknowledgment of
said will which examination was reduced to
writing and signed by said witnesses and it
appearing to the satisfaction of the court that
said testator at the time of executing the same
was of full age and of sound mind and
memory and under no restraint it was
ordered that the said Will and testimony be
recorded as follows
Copy of Will
In the name of the benevolent Father of all
I James Slawson of the County of Delaware &
State of Ohio do make & constitute this my last Will
and Testament.
Item 1st I give & devise unto my beloved
wife all that is allowed by law and appoint
her guardian of my two daughters
Item 2 I do hereby nominate & appoint my
esteemed friend Sabeers Main executor of
this my last will & testament hereby author
izing & empowering him to compromise adjust
release & discharge in such manner as he
may deem proper the debts due now. I
do also authorize him to make sale of my
goods and chattels at public sale and dis=
charge the debts and settle up the estate
according to law
In testimony whereof I have
hereunto set my hand and seal this seventeenth
day of January AD 1861
Signed sealed and delivered in the by the said
James Slawson as his last will and testament
revoking all other wills by me made in presence
of us and signed by us in his presence
and in the p- of us
Alfred Slawson James Slawson
Orville Slawson
[corresponds to labeled page 51 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Slawson decd
Proceedings had before Hon I Ranney Probate
Judge within & for the County of Delaware and State
of Ohio at his office in the Town of Delaware
on the 29th day of January 1861
This day the last Will & Testament of James Slawson decd
late of Delaware County Ohio was produced in open
Court and duly proven by the testimony of Alfred
Slawson and Orville Slawson the subscribing
witnesses thereto who were duly sworn and exam=
ined touching the execution & acknowledgment of
said will which examination was reduced to
writing and signed by said witnesses and it
appearing to the satisfaction of the court that
said testator at the time of executing the same
was of full age and of sound mind and
memory and under no restraint it was
ordered that the said Will and testimony be
recorded as follows
Copy of Will
In the name of the benevolent Father of all
I James Slawson of the County of Delaware &
State of Ohio do make & constitute this my last Will
and Testament.
Item 1st I give & devise unto my beloved
wife all that is allowed by law and appoint
her guardian of my two daughters
Item 2 I do hereby nominate & appoint my
esteemed friend Sabeers Main executor of
this my last will & testament hereby author
izing & empowering him to compromise adjust
release & discharge in such manner as he
may deem proper the debts due now. I
do also authorize him to make sale of my
goods and chattels at public sale and dis=
charge the debts and settle up the estate
according to law
In testimony whereof I have
hereunto set my hand and seal this seventeenth
day of January AD 1861
Signed sealed and delivered in the by the said
James Slawson as his last will and testament
revoking all other wills by me made in presence
of us and signed by us in his presence
and in the p- of us
Alfred Slawson James Slawson
Orville Slawson
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 81)
Description
[page 81]
[corresponds to labeled page 52 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Slawson decd
The State of Ohio Delaware Co ss
We Alfred Slawson and Orville Slawson being duly
sworn in open Court this 29th day of January
AD 1861 depose and say that we were
present at the execution of the last will &
testament of James Slawson 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 ex
ecuting the same was of full age and of sound
mind and memory and not under any
restraint and that we signed the same as
witnesses at his request and in his presence
and in the presence of each other
Orvill Slawson
Alfred Slawson
Sworn to and subscribed before me this 29th
day of January AD 1861
I Ranney
Probate Judge
[corresponds to labeled page 52 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Slawson decd
The State of Ohio Delaware Co ss
We Alfred Slawson and Orville Slawson being duly
sworn in open Court this 29th day of January
AD 1861 depose and say that we were
present at the execution of the last will &
testament of James Slawson 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 ex
ecuting the same was of full age and of sound
mind and memory and not under any
restraint and that we signed the same as
witnesses at his request and in his presence
and in the presence of each other
Orvill Slawson
Alfred Slawson
Sworn to and subscribed before me this 29th
day of January AD 1861
I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 82)
Description
[page 82]
[corresponds to labeled page 53 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Davis decd
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 January 1861
This day the last will and testament of Thomas
Davis dec'd late of Delaware County Ohio was
produced in open court and duly proven
by the testimony of T W Powell and J D
Van Deman the subscribing witnesses thereto
who were duly sworn and examined touch=
ing the execution and acknowledgement of
said will which examination was reduced
to writing and signed by said witnesses
and it appearing to the ^satisfaction of the court 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 was ordered
that the said will and testimony be
recorded as follows
Copy of Will
The last will and testament of Thomas Davis
of Delaware Delaware County Ohio
1 I desire that all my just debts and
funeral charges shall be paid
2 I give and bequeath unto my son Thomas
Davis all my personal property of every
description
3 I give and devise all my real estate
to my said son Thomas Davis during his nat=
ural life and at his death to his legitimate
children in fee simple - on the express condition
and trust however that my said son shall pay
or cause to be paid to my daughter Phebe
the sum of two dollars at the end of each
and every month from the day of my
decease during her natural life (which
sum of two dollars per month I will and
bequeath to her) and I hereby expressly will
and declare that all my real estate shall
be and remain subject to and charged
with the prompt and faithful payment
to my said daughter Phebe during her
natural life as aforesaid
4 I nominate and appoint my said son
Thomas Davis Executor of this my last
will and testament Hereby revoking all
[corresponds to labeled page 53 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Davis decd
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 January 1861
This day the last will and testament of Thomas
Davis dec'd late of Delaware County Ohio was
produced in open court and duly proven
by the testimony of T W Powell and J D
Van Deman the subscribing witnesses thereto
who were duly sworn and examined touch=
ing the execution and acknowledgement of
said will which examination was reduced
to writing and signed by said witnesses
and it appearing to the ^satisfaction of the court 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 was ordered
that the said will and testimony be
recorded as follows
Copy of Will
The last will and testament of Thomas Davis
of Delaware Delaware County Ohio
1 I desire that all my just debts and
funeral charges shall be paid
2 I give and bequeath unto my son Thomas
Davis all my personal property of every
description
3 I give and devise all my real estate
to my said son Thomas Davis during his nat=
ural life and at his death to his legitimate
children in fee simple - on the express condition
and trust however that my said son shall pay
or cause to be paid to my daughter Phebe
the sum of two dollars at the end of each
and every month from the day of my
decease during her natural life (which
sum of two dollars per month I will and
bequeath to her) and I hereby expressly will
and declare that all my real estate shall
be and remain subject to and charged
with the prompt and faithful payment
to my said daughter Phebe during her
natural life as aforesaid
4 I nominate and appoint my said son
Thomas Davis Executor of this my last
will and testament Hereby revoking all
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 83)
Description
[page 83]
[corresponds to labeled page 54 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Davis
former wills by me ever made, declaring
this to be my last will and testament
Witness my hand and seal this 30th day of January
AD 1857
Thomas Davis [Seal]
Signed by the said Thomas Davis in our
presence who in our presence declared the
above and foregoing to be his last will and
testament and requested us to subscribe the
same as witnesses thereto which we at the
time last above written did in his presence
and in the presence of each other (The words
"my said son Thomas" interlined in 4 set be
fore execution
John D Van Deman
TW Powell
The State of Ohio Delaware County ss
We T W Powell and J D Van Deman being
duly sworn in open Court this 16th day of
January AD 1861 depose and say that we
were present at the execution of the last will
and testament of Thomas Davis 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 ex
ecuting the same was of full age and of
sound mind and memory and not under
any restraint and that we signed the same
as witnesses at his request and in his presence
and in the presence of each other
T W Powell
J D Van Deman
Sworn to and subscribed before me this
16th day of January AD 1861
I Ranney
Probate Judge
[corresponds to labeled page 54 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Thomas Davis
former wills by me ever made, declaring
this to be my last will and testament
Witness my hand and seal this 30th day of January
AD 1857
Thomas Davis [Seal]
Signed by the said Thomas Davis in our
presence who in our presence declared the
above and foregoing to be his last will and
testament and requested us to subscribe the
same as witnesses thereto which we at the
time last above written did in his presence
and in the presence of each other (The words
"my said son Thomas" interlined in 4 set be
fore execution
John D Van Deman
TW Powell
The State of Ohio Delaware County ss
We T W Powell and J D Van Deman being
duly sworn in open Court this 16th day of
January AD 1861 depose and say that we
were present at the execution of the last will
and testament of Thomas Davis 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 ex
ecuting the same was of full age and of
sound mind and memory and not under
any restraint and that we signed the same
as witnesses at his request and in his presence
and in the presence of each other
T W Powell
J D Van Deman
Sworn to and subscribed before me this
16th day of January AD 1861
I Ranney
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 84)
Description
[page 84]
[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joshua W. Pierce decd
Proceedings had before Hon. Isaac Ranney Probate
Judge within and for the county of Delaware in
State of Ohio at his office in the town of Delaware on
the 20th day of February AD 1861
This day the last will and testament of Joshua W.
Pierce decd late of Genoa Tp in Delaware County of State
of Ohio was produced in open court and duly proven
by the testimony of Charles Freeman and Nate Mills
the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to probate and
ordered to be recorded as follows
Last will and testament, hereby authorizing and empowering him to com
promise, adjust, was and discharge in such manner as he may deem
proper, the debts claims do me. I do also authorize & empower him, if
it shall become necessary in which pay my debts, to sell, by private sale,
or in such manner, upon such home of credit or otherwise, as he may
think proper, all, in any part of my nal state, and deeds to purchase
and execute, acknowledge and deliver, in fee simple. I do such
work all former wills by me made. In testimony whereof.
I have here such set my hand and seal the 19th day of Jan in
the year 1861 Joshe W. Pierce
Signed and acknowledged by said J. W. Pierce
as his last will and testament, in our presence
& signed by us in his presence
Charles Foreman
Nate Wells
The Stae of Ohio. Delaware County St
He Charles Forman and Nate Wells bring duly sworn in open
court this 20th day of February A.D.1861. depose and say, that we
men for sent at the execution of the last will and testament of J W Pierce
point annexed, that we saw the said testator subscribe said will and
found him publish and declair the same to be his last will and testament
and that said testator at the time of executing the said was of full age
and of souned mind and memory, and not understand restraint, and that
was segnied the same as mistaken at his request and in his presence and
in the presence of each other Charles Foreman
Nate Wells
Come to and subscribed before me this 20th day of February AD 1861
J. Ramsey
February 20th 1862. this day Mrs Martha Pierce approved & made his do
time to take under the will of his . husband in him of
J. Ramsey
Day 2
[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joshua W. Pierce decd
Proceedings had before Hon. Isaac Ranney Probate
Judge within and for the county of Delaware in
State of Ohio at his office in the town of Delaware on
the 20th day of February AD 1861
This day the last will and testament of Joshua W.
Pierce decd late of Genoa Tp in Delaware County of State
of Ohio was produced in open court and duly proven
by the testimony of Charles Freeman and Nate Mills
the subscribing witnesses thereto (as reduced to writing
and filed with said will) admitted to probate and
ordered to be recorded as follows
Last will and testament, hereby authorizing and empowering him to com
promise, adjust, was and discharge in such manner as he may deem
proper, the debts claims do me. I do also authorize & empower him, if
it shall become necessary in which pay my debts, to sell, by private sale,
or in such manner, upon such home of credit or otherwise, as he may
think proper, all, in any part of my nal state, and deeds to purchase
and execute, acknowledge and deliver, in fee simple. I do such
work all former wills by me made. In testimony whereof.
I have here such set my hand and seal the 19th day of Jan in
the year 1861 Joshe W. Pierce
Signed and acknowledged by said J. W. Pierce
as his last will and testament, in our presence
& signed by us in his presence
Charles Foreman
Nate Wells
The Stae of Ohio. Delaware County St
He Charles Forman and Nate Wells bring duly sworn in open
court this 20th day of February A.D.1861. depose and say, that we
men for sent at the execution of the last will and testament of J W Pierce
point annexed, that we saw the said testator subscribe said will and
found him publish and declair the same to be his last will and testament
and that said testator at the time of executing the said was of full age
and of souned mind and memory, and not understand restraint, and that
was segnied the same as mistaken at his request and in his presence and
in the presence of each other Charles Foreman
Nate Wells
Come to and subscribed before me this 20th day of February AD 1861
J. Ramsey
February 20th 1862. this day Mrs Martha Pierce approved & made his do
time to take under the will of his . husband in him of
J. Ramsey
Day 2
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 85)
Description
[page 85]
[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joshua W. Pierce decd
In the name of the Benevolent Father of all, I Joshua W. Pierce,
of Genoa T.P. Delaware Co Ohio, do make and publish this my last will
and testament. Item 1st I give and devise to my beloved wife in lieu
of her dower the use and control of the farm in which we now reside
situate in Genoa Delaware County Ohio containing about fifty acres
during her natural life or as long as she remains my widow, she keeping
the said farm in good repair and all the stock, household goods, furniture
provisions & other goods and chattels which be thereon at time of my de-
cease during her natural life, or as long as she remains my widow; as
aforesaid, the executor however selling so much therof as may be suf-
ficient to pay my just debts. At the death of my said wife or at her
marriage the real estate aforesaid and such part of the said personal prop.
erty or the proceeds thereof as may remain in and named and unexpended
I give and devise equally to my lawful heirs and their heirs
Item 2nd I do nominate and appoint George W. Mills executor of this my
last will and testament, hereby authorizing and empowering him to com-
promise, adjust, release and discharge in such manner as he may deem
proper, the debts claims due me. I do also authorize & 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 purcha-
sers to execute, acknowledge and deliver, in fee simple, I do, hereby
revoke all former wills by me made, in testimony whereof,
I have unto set my hand and seal this 19th day of Jan, in
the year 1861 Joshua W. Pierce {seal}
Signed and acknowledged by said J W Pierce
as his last will and testament,in our presence
& signed by us in his presence
Charles Freeman
Nate Mills
The State of Ohio, Delaware County Ss
We Charles Freeman and Nate Mills being duly sworn in open
court this 20th day of February A.D. 1861, depose and say, that we
were present at the execution of the last will and testament of J. W. 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 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 will as witnesses at his request and in his presence, and
in the presence of each other Charles Freeman
Nate Mills
Sworn to and subscibed before me this 20th day of Febraury A.D. 1861
I. Ranney P Judge.
Febraury 20th 1862 this day Mrs. Martha Pierce appeared & made her ele
ction to take under the will of her decd husband in lieu of dower
I. Ranney
Pro. Judge
[corresponds to labeled page 55 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joshua W. Pierce decd
In the name of the Benevolent Father of all, I Joshua W. Pierce,
of Genoa T.P. Delaware Co Ohio, do make and publish this my last will
and testament. Item 1st I give and devise to my beloved wife in lieu
of her dower the use and control of the farm in which we now reside
situate in Genoa Delaware County Ohio containing about fifty acres
during her natural life or as long as she remains my widow, she keeping
the said farm in good repair and all the stock, household goods, furniture
provisions & other goods and chattels which be thereon at time of my de-
cease during her natural life, or as long as she remains my widow; as
aforesaid, the executor however selling so much therof as may be suf-
ficient to pay my just debts. At the death of my said wife or at her
marriage the real estate aforesaid and such part of the said personal prop.
erty or the proceeds thereof as may remain in and named and unexpended
I give and devise equally to my lawful heirs and their heirs
Item 2nd I do nominate and appoint George W. Mills executor of this my
last will and testament, hereby authorizing and empowering him to com-
promise, adjust, release and discharge in such manner as he may deem
proper, the debts claims due me. I do also authorize & 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 purcha-
sers to execute, acknowledge and deliver, in fee simple, I do, hereby
revoke all former wills by me made, in testimony whereof,
I have unto set my hand and seal this 19th day of Jan, in
the year 1861 Joshua W. Pierce {seal}
Signed and acknowledged by said J W Pierce
as his last will and testament,in our presence
& signed by us in his presence
Charles Freeman
Nate Mills
The State of Ohio, Delaware County Ss
We Charles Freeman and Nate Mills being duly sworn in open
court this 20th day of February A.D. 1861, depose and say, that we
were present at the execution of the last will and testament of J. W. 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 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 will as witnesses at his request and in his presence, and
in the presence of each other Charles Freeman
Nate Mills
Sworn to and subscibed before me this 20th day of Febraury A.D. 1861
I. Ranney P Judge.
Febraury 20th 1862 this day Mrs. Martha Pierce appeared & made her ele
ction to take under the will of her decd husband in lieu of dower
I. Ranney
Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 86)
Description
[page 86]
[corresponds to labeled page 56 of Will Records Vol. 4 - 1859-1869]
Last will and Testament of Robert McCoy Cellar decd
Proceedings had before Hon Issac Ranney Probate Judge within
and for the county of Delaware and state of Ohio at his office in
the town of Delaware on the 8th day of March A.D. 1861
This day the last will and testament of Robert McCoy Cellar
was produced in open court and duly proven by the testimony
of John T. Colflesh and Soloman Hardin the subscribing witnesses thereto
(as reduced to writing and filed with said will) admitted to Probate
and ordered to be recorded as follows, to wit.
Copy of Will
In the name of the Benevolent Father of all, Amen,
Robert McCoy Cellar of Liberty Township in Delaware County, Ohio
being of sound, mind and memory but mindful of my advanced
age and approaching dissolution; and being desirous of making
a fiscal disposition of all my worldly property, do therefore make
and publish this my last will and testament, as follows, that is
to say
First, It is my will and desire that all my just debts and fu-
neral expenses as well as the expenses of settling the administration
of my estate be first paid out of my personal property by my ex-
ecutor herein after named.
Second, I will, give and bequeath to be paid out of my personal es-
tate as follows to wit: to my brother John F. Cellar or in case of his death
then to be paid to his estate the sum of forty dollars.
To my brother George Cellar in the like manner the sum of forty dollars,
To my brother James Cellar in the like manner the sum of forty dollars,
To the children of my deceased brother Thomas Cellar the sum of forty dollars
To the children of my deceased brother Joseph Cellar the sum of forty dollars
And should there be more of my personal property than enough
to pay these legacies the residue I give to the corporation of the
First Presbyterian Church in Liberty Township in trust to be invested
safely at interest, and the income thereof to be applied by the trustees
of the corporation to religious and benevolent purposes such as they
may deem to be the object of my desire, and also to assist in repairing
or rebuilding their church; and in case there should not be enough to
pay the said forty dollars each, then each are to receive in proportion
to what the personal property will pay after ^the debts & expenses are
paid, But the income arising from the surplus of the personal property as
aforesaid I wish the said trustees to expend in the repairs & rebuilding of said
church and such other religious & benevolent institutions as they may deem
would be my choice were I then living
Third, my real property, consisting of a tract of 296 acres and
37 poles of land being a part of Lots 14 and 15 in Section 1 Township 3
and Range 19 in said Liberty Township as surveyed for me by
James Eaton May 26th and 27th 1859 and known as my farm, I wish
to will and dispose of as follows: -- I give and devise the said
tract of land in fee to the trustee of the first Presbyterian church
[corresponds to labeled page 56 of Will Records Vol. 4 - 1859-1869]
Last will and Testament of Robert McCoy Cellar decd
Proceedings had before Hon Issac Ranney Probate Judge within
and for the county of Delaware and state of Ohio at his office in
the town of Delaware on the 8th day of March A.D. 1861
This day the last will and testament of Robert McCoy Cellar
was produced in open court and duly proven by the testimony
of John T. Colflesh and Soloman Hardin the subscribing witnesses thereto
(as reduced to writing and filed with said will) admitted to Probate
and ordered to be recorded as follows, to wit.
Copy of Will
In the name of the Benevolent Father of all, Amen,
Robert McCoy Cellar of Liberty Township in Delaware County, Ohio
being of sound, mind and memory but mindful of my advanced
age and approaching dissolution; and being desirous of making
a fiscal disposition of all my worldly property, do therefore make
and publish this my last will and testament, as follows, that is
to say
First, It is my will and desire that all my just debts and fu-
neral expenses as well as the expenses of settling the administration
of my estate be first paid out of my personal property by my ex-
ecutor herein after named.
Second, I will, give and bequeath to be paid out of my personal es-
tate as follows to wit: to my brother John F. Cellar or in case of his death
then to be paid to his estate the sum of forty dollars.
To my brother George Cellar in the like manner the sum of forty dollars,
To my brother James Cellar in the like manner the sum of forty dollars,
To the children of my deceased brother Thomas Cellar the sum of forty dollars
To the children of my deceased brother Joseph Cellar the sum of forty dollars
And should there be more of my personal property than enough
to pay these legacies the residue I give to the corporation of the
First Presbyterian Church in Liberty Township in trust to be invested
safely at interest, and the income thereof to be applied by the trustees
of the corporation to religious and benevolent purposes such as they
may deem to be the object of my desire, and also to assist in repairing
or rebuilding their church; and in case there should not be enough to
pay the said forty dollars each, then each are to receive in proportion
to what the personal property will pay after ^the debts & expenses are
paid, But the income arising from the surplus of the personal property as
aforesaid I wish the said trustees to expend in the repairs & rebuilding of said
church and such other religious & benevolent institutions as they may deem
would be my choice were I then living
Third, my real property, consisting of a tract of 296 acres and
37 poles of land being a part of Lots 14 and 15 in Section 1 Township 3
and Range 19 in said Liberty Township as surveyed for me by
James Eaton May 26th and 27th 1859 and known as my farm, I wish
to will and dispose of as follows: -- I give and devise the said
tract of land in fee to the trustee of the first Presbyterian church
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 87)
Description
[page 87]
[corresponds to labeled page 57 of Will Records Vol. 4 - 1859-1869]
Last will and testament of Robert McCoy Cellar decd cont.
of Liberty Township in the said county Incorporated in the year 1842
and their successors as such corporation forever in trust and for the
use and purposes following that is to say; that the said land shall be
by the said devisees as trustees as aforesaid leased out and devised in
such lots and upon such terms as they may agree and deem best
not exceeding the term of twenty one years at any one time and
upon such terms of rent and inprovements as they may best have
in return therefore giving preference to such tennants as would be assistants
and aid to said church and out of such rent there shall be paid
first; all taxes and expenses incident thereto; next to pay all necessary
repairs and improvements on the said land not made by the tenant or ten-
ants thereon. There shall be next paid out of the s'd rent and income
of the said land, annually the sum of twenty five dollars to the
Trustees of the Presbyterian Church in Liberty situated near the said
land, for the purpose of supporting the minister settled and officiating
in the said church, towards the payments of his annual salary
There shall be next paid a fair proportion of expenses that the congrega-
tion of the said church shall be at either in rebuilding the said church
or keeping the same in repair or in the repair and improvement of
the premises of the said church and burying ground; such fair propor-
tion as shall be as ascertained, by the average amount paid per acre by the
communicants attending the said church in porportion to the land own-
ed by them; the same proportion per acre shall be paid as aforesaid out
of said rents. And it is my will that out of any accumulation of
such rents of the said land these be paid the sum of fifty dollars (but only
once to be paid) to the College about to be established at Springfield,
Ohio; or elsewhere by the Presbyterian church to be paid where said Col-
lege is put into opperation, And it is further my will, that after paying
the taxes, necessary expenses, and the bequeaths above made in the order
above stated, there be next paid the residue of such rents and income of
said land to the trustees of the board of Education of the Prebyterian Church
O.S. in the United States of America, for the purpose of educating young
men for the ministry
And it is further my will that all the charges and necessary
expenses in attending to and taking care of the said land shall
be subject to the supervision and allowance of the Elders, officiating,
of the said Presbyterian Church in Liberty.
Lastly, I hereby constitute and appoint John Cellar, son of my
brother Thomas and Robert McCoy Cellar, son of George Cellar execu-
tors of this my last will and testament
And I now declare my will and desire to be that the said land
hereby devised, should never be sold, but retained for the benefit of
the trusts and uses aforesaid. But in case my will and devise herein
made should ever be, by any means, defeated; then and in that case
it is still my will and devise that the said 296 acres of land should
be and remain forever charged and incumbered with the payment
of all the bequests I leave herein made for the benefit of the said Presby-
[corresponds to labeled page 57 of Will Records Vol. 4 - 1859-1869]
Last will and testament of Robert McCoy Cellar decd cont.
of Liberty Township in the said county Incorporated in the year 1842
and their successors as such corporation forever in trust and for the
use and purposes following that is to say; that the said land shall be
by the said devisees as trustees as aforesaid leased out and devised in
such lots and upon such terms as they may agree and deem best
not exceeding the term of twenty one years at any one time and
upon such terms of rent and inprovements as they may best have
in return therefore giving preference to such tennants as would be assistants
and aid to said church and out of such rent there shall be paid
first; all taxes and expenses incident thereto; next to pay all necessary
repairs and improvements on the said land not made by the tenant or ten-
ants thereon. There shall be next paid out of the s'd rent and income
of the said land, annually the sum of twenty five dollars to the
Trustees of the Presbyterian Church in Liberty situated near the said
land, for the purpose of supporting the minister settled and officiating
in the said church, towards the payments of his annual salary
There shall be next paid a fair proportion of expenses that the congrega-
tion of the said church shall be at either in rebuilding the said church
or keeping the same in repair or in the repair and improvement of
the premises of the said church and burying ground; such fair propor-
tion as shall be as ascertained, by the average amount paid per acre by the
communicants attending the said church in porportion to the land own-
ed by them; the same proportion per acre shall be paid as aforesaid out
of said rents. And it is my will that out of any accumulation of
such rents of the said land these be paid the sum of fifty dollars (but only
once to be paid) to the College about to be established at Springfield,
Ohio; or elsewhere by the Presbyterian church to be paid where said Col-
lege is put into opperation, And it is further my will, that after paying
the taxes, necessary expenses, and the bequeaths above made in the order
above stated, there be next paid the residue of such rents and income of
said land to the trustees of the board of Education of the Prebyterian Church
O.S. in the United States of America, for the purpose of educating young
men for the ministry
And it is further my will that all the charges and necessary
expenses in attending to and taking care of the said land shall
be subject to the supervision and allowance of the Elders, officiating,
of the said Presbyterian Church in Liberty.
Lastly, I hereby constitute and appoint John Cellar, son of my
brother Thomas and Robert McCoy Cellar, son of George Cellar execu-
tors of this my last will and testament
And I now declare my will and desire to be that the said land
hereby devised, should never be sold, but retained for the benefit of
the trusts and uses aforesaid. But in case my will and devise herein
made should ever be, by any means, defeated; then and in that case
it is still my will and devise that the said 296 acres of land should
be and remain forever charged and incumbered with the payment
of all the bequests I leave herein made for the benefit of the said Presby-
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 88)
Description
[page 88]
[Corresponds to labeled page 58 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Robt McCoy Cellar decd cont.
terian Church in Liberty, to wit, the payment annually of the
sum of twenty five dollars for the support of the minister, and the
payment of a fair proportion as aforesaid of all improvements made
on the said church premises and burying ground.
In testimony whereof I have hereto set my hand & Seal this first
day of February A.D. 1860
Robert McCoy Cellar {Seal}
Signed, sealed & declare to be
the last will and testament of Robert M. Cellar
in the presence of these witnesses and they
in the presence of each other and in his presence
& at his request have signed their names as witnesses
thereto in the day last above written
John F Colflesh
Soloman Hardin
The State of Ohio, Delaware County Ss
We Soloman Hardin and John F. Colflesh being duly sworn in open
court, this 12th day of March A.D. 1861, depose and say, that we were present
at the execution of the last will and testament of Robert McCoy Cellar hereto
annexed; that we saw the said testator subscribe said will, and heard him
publish and declare the same to be 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 his presence, and in the presense of each other.
John F Colflesh
Soloman Hardin
sworn to and subscibed before me this 12th day of March A.D. 1861
I Ranney, Probate Judge
[Corresponds to labeled page 58 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Robt McCoy Cellar decd cont.
terian Church in Liberty, to wit, the payment annually of the
sum of twenty five dollars for the support of the minister, and the
payment of a fair proportion as aforesaid of all improvements made
on the said church premises and burying ground.
In testimony whereof I have hereto set my hand & Seal this first
day of February A.D. 1860
Robert McCoy Cellar {Seal}
Signed, sealed & declare to be
the last will and testament of Robert M. Cellar
in the presence of these witnesses and they
in the presence of each other and in his presence
& at his request have signed their names as witnesses
thereto in the day last above written
John F Colflesh
Soloman Hardin
The State of Ohio, Delaware County Ss
We Soloman Hardin and John F. Colflesh being duly sworn in open
court, this 12th day of March A.D. 1861, depose and say, that we were present
at the execution of the last will and testament of Robert McCoy Cellar hereto
annexed; that we saw the said testator subscribe said will, and heard him
publish and declare the same to be 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 his presence, and in the presense of each other.
John F Colflesh
Soloman Hardin
sworn to and subscibed before me this 12th day of March A.D. 1861
I Ranney, Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 89)
Description
[page 89]
[corresponds to labeled page 59 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John Robison decd.
Proceedings had before Hon I. Ranney Judge of
the Court of Probate in Delaware County O. at his
office in the town of Delaware April 30th 1861
This day an authenticated copy of the last will
& testament of John Robison late of Brooke Coun
ty in the state of Virginia was produced in
open Court & it appearing to the satisfaction
of the Court that said will has been proven in the
said state of Virginia according to the laws of said
state & that said will has relation to land lying
in this County
It is therefore ordered that the said authen
tication copy be recorded in the record of wills for
said county of Delaware as follows:
Copy.
In the name of God Amen I John Robison of the
county of Brooke and the state of Virginia being of
sound mind and memory and considering the un
certainly of life and certainty of death do make this
my last will and testament and first that all
my just debt debts & funeral expenses be paid then
I give unto my son Westly all my harness & farm
ing utensils the crop now growing one half the grain
we have in H. L. Rylands Mill and our young pony
mare And unto my daughter Elizabeth I give one
thousand dollars ($1000) one bed & bedding to be given
to her when she arrives at the age of twenty one
years or sooner if she marreys To my daughter Char
ity I give one thousand dollars ($1000) one bed and
bedding to be paid when she arrives at the age of
twenty one years, or sooner if she marries. And to
my daughter Mary Jane I give one thousand
dollars ($1000) one bed & bedding to be paid to when
she arrives at the age of twenty one years or
sooner if she marries My three daughters Elizabeth
Charity & Mary Jane are to have their houses &c
support on my property until they marry or choose
to leave it And to my sons Elijah Wm Thomas
& Westly I give all my estate - real & personal and
heretofore disposed of to be shared equally by them
I also appoint my three sons Elijah William
Thomas and Westly to be executors of this my
last will and testament - hereby revoking all
former wills by me made. In witness whereof
I hereunto affix my hand and seal this day
of January 1856 John Robison [Seal]
[corresponds to labeled page 59 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of John Robison decd.
Proceedings had before Hon I. Ranney Judge of
the Court of Probate in Delaware County O. at his
office in the town of Delaware April 30th 1861
This day an authenticated copy of the last will
& testament of John Robison late of Brooke Coun
ty in the state of Virginia was produced in
open Court & it appearing to the satisfaction
of the Court that said will has been proven in the
said state of Virginia according to the laws of said
state & that said will has relation to land lying
in this County
It is therefore ordered that the said authen
tication copy be recorded in the record of wills for
said county of Delaware as follows:
Copy.
In the name of God Amen I John Robison of the
county of Brooke and the state of Virginia being of
sound mind and memory and considering the un
certainly of life and certainty of death do make this
my last will and testament and first that all
my just debt debts & funeral expenses be paid then
I give unto my son Westly all my harness & farm
ing utensils the crop now growing one half the grain
we have in H. L. Rylands Mill and our young pony
mare And unto my daughter Elizabeth I give one
thousand dollars ($1000) one bed & bedding to be given
to her when she arrives at the age of twenty one
years or sooner if she marreys To my daughter Char
ity I give one thousand dollars ($1000) one bed and
bedding to be paid when she arrives at the age of
twenty one years, or sooner if she marries. And to
my daughter Mary Jane I give one thousand
dollars ($1000) one bed & bedding to be paid to when
she arrives at the age of twenty one years or
sooner if she marries My three daughters Elizabeth
Charity & Mary Jane are to have their houses &c
support on my property until they marry or choose
to leave it And to my sons Elijah Wm Thomas
& Westly I give all my estate - real & personal and
heretofore disposed of to be shared equally by them
I also appoint my three sons Elijah William
Thomas and Westly to be executors of this my
last will and testament - hereby revoking all
former wills by me made. In witness whereof
I hereunto affix my hand and seal this day
of January 1856 John Robison [Seal]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 90)
Description
[page 90]
[corresponds to labeled page 60 of Will Records Vol. 4 - 1859-1869]
Last Will of John Robison dec' Cont
Signed and acknowledged in presence of us
Nicholas Stansberry
Thomas Donevan
Court of Brooke County Va.
of Aug. term 1859
The last will & testament of John Robison dec
late of Brooke County was this day produced in court
and proved by the oaths of Nicholas Stansberry & Thom
as Donevan Jr. The subscribing Witnesses thereto and
ordered to be recorded. Whereupon Wm T. Robison & Westly
Robison Executors therein named who made oath and together
who with Nicholas Stansberry & John Stansberry their action
was justified action entered into & acknowledged a bond in the
penalty of six thousand dollars with conditions according
to law, Certificate is granted the said Wm T. Robison
& Westly Robinson for obtaining a probate of s'd will
due fund John L. Naylor Dpy.
for J. R. Taylor Clk.
I certify the following to be a true copy of a will so
written to leave January term 1859 with the anexed
order of Court John S. Naylor Dpy.
for J. N. Naylor Clk
I J. N. Naylor Clerk for the County Court of Brooke
County in the State of Virginia do verify that the
foregoing is a true copy from the records of my Court
being under my hand and the seal of said
Court this 24th day of April in the year
One Thousand Eight Hundred & Sixty J. R. Naylor Clk
State of Virginia County of Brooke
I John Hiuduran Presiding Judge for the County
of Brooke County in the state aforesaid do hereby
verify that Joseph N. Naylor whose name is signed
the above writing is Clerk of the County Court
and that his signature thereto is genuine Said un
der my hand the 25th day of April A.D.
John Hiuduran Presiding Judge
State of Va. County of Brooke SS.
SS. J. N. Naylor Clerk of the County aforesaid
in the State of Virginia do hereby certify that John
Hinduran is Presiding Judge of the County & State
aforesaid & that his signature to the above writing
is genuine.
Given under my hand this 24th day
of April 1861
J. N. Naylor Clk
[corresponds to labeled page 60 of Will Records Vol. 4 - 1859-1869]
Last Will of John Robison dec' Cont
Signed and acknowledged in presence of us
Nicholas Stansberry
Thomas Donevan
Court of Brooke County Va.
of Aug. term 1859
The last will & testament of John Robison dec
late of Brooke County was this day produced in court
and proved by the oaths of Nicholas Stansberry & Thom
as Donevan Jr. The subscribing Witnesses thereto and
ordered to be recorded. Whereupon Wm T. Robison & Westly
Robison Executors therein named who made oath and together
who with Nicholas Stansberry & John Stansberry their action
was justified action entered into & acknowledged a bond in the
penalty of six thousand dollars with conditions according
to law, Certificate is granted the said Wm T. Robison
& Westly Robinson for obtaining a probate of s'd will
due fund John L. Naylor Dpy.
for J. R. Taylor Clk.
I certify the following to be a true copy of a will so
written to leave January term 1859 with the anexed
order of Court John S. Naylor Dpy.
for J. N. Naylor Clk
I J. N. Naylor Clerk for the County Court of Brooke
County in the State of Virginia do verify that the
foregoing is a true copy from the records of my Court
being under my hand and the seal of said
Court this 24th day of April in the year
One Thousand Eight Hundred & Sixty J. R. Naylor Clk
State of Virginia County of Brooke
I John Hiuduran Presiding Judge for the County
of Brooke County in the state aforesaid do hereby
verify that Joseph N. Naylor whose name is signed
the above writing is Clerk of the County Court
and that his signature thereto is genuine Said un
der my hand the 25th day of April A.D.
John Hiuduran Presiding Judge
State of Va. County of Brooke SS.
SS. J. N. Naylor Clerk of the County aforesaid
in the State of Virginia do hereby certify that John
Hinduran is Presiding Judge of the County & State
aforesaid & that his signature to the above writing
is genuine.
Given under my hand this 24th day
of April 1861
J. N. Naylor Clk
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 91)
Description
[page 91]
[corresponds to labeled page 61 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan dec'd
Proceedings had before Hon T. Ramsey Probate Judge within and
for the county of Delaware and State of Ohio At this office in the
town of Delaware on the 6th day of May 1861.
Be it remembered that heretofore to wit on the 18th day of
December 1860 the following order was had and entered herein to wit
Matter of William Morgans will
The last will and testament of Wm Morgan
late of Harlem Township in said County dec' was this day pro-
duced in open court & it appearing to the court that Wm Tompkins
one of the subscribing witnesses to said will resides in the county of
Lucas & State of Iowa it is ordered that a commission issued with
the said will annexed to take the deposition of the said Wm. Tompkins
touching the due execution of said will to be directed to John Edwards
of said county of Lucas according to the statute in such made
and provided.
T. Kenney P.J.
And afterwards to wit on the 18th day of Dec' A.D. 1860 the
following commission was issued therein to wit
Probate Court Delaware County State of Ohio
To John Edwards of Lucas County Iowa
Greetings
Know ye that we in confidence of your prudence & fidelity
have appointed you and by these present do give to you full
power and authority to examine and take the deposition of
Wm Tompkins one of the subscribing witnesses to the will of
Wm Morgan hereto annexed late of Harlem Township in Delaware
County Ohio and therefore we command you that at certain days
and places to be appointed by you. You cause the said Wm
Tompkins to be brought before you and then and there examine
him on his conferred oath or affirmation first taken before
you, touching the due execution of the said will of the said Wm
Morgan and that you reduce such examination to writing and
return the same together with this writ and the said will of the
said Wm Morgan thereto annexed closed up under your seal into
our Court of Probate with all convenient speed.
[Seal] Witness I. Ranney Judge of said Court of
Situate at Delaware Ohio the 18th day of
December A.D. 1860
I. Ranney. Pro. Judge
[corresponds to labeled page 61 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan dec'd
Proceedings had before Hon T. Ramsey Probate Judge within and
for the county of Delaware and State of Ohio At this office in the
town of Delaware on the 6th day of May 1861.
Be it remembered that heretofore to wit on the 18th day of
December 1860 the following order was had and entered herein to wit
Matter of William Morgans will
The last will and testament of Wm Morgan
late of Harlem Township in said County dec' was this day pro-
duced in open court & it appearing to the court that Wm Tompkins
one of the subscribing witnesses to said will resides in the county of
Lucas & State of Iowa it is ordered that a commission issued with
the said will annexed to take the deposition of the said Wm. Tompkins
touching the due execution of said will to be directed to John Edwards
of said county of Lucas according to the statute in such made
and provided.
T. Kenney P.J.
And afterwards to wit on the 18th day of Dec' A.D. 1860 the
following commission was issued therein to wit
Probate Court Delaware County State of Ohio
To John Edwards of Lucas County Iowa
Greetings
Know ye that we in confidence of your prudence & fidelity
have appointed you and by these present do give to you full
power and authority to examine and take the deposition of
Wm Tompkins one of the subscribing witnesses to the will of
Wm Morgan hereto annexed late of Harlem Township in Delaware
County Ohio and therefore we command you that at certain days
and places to be appointed by you. You cause the said Wm
Tompkins to be brought before you and then and there examine
him on his conferred oath or affirmation first taken before
you, touching the due execution of the said will of the said Wm
Morgan and that you reduce such examination to writing and
return the same together with this writ and the said will of the
said Wm Morgan thereto annexed closed up under your seal into
our Court of Probate with all convenient speed.
[Seal] Witness I. Ranney Judge of said Court of
Situate at Delaware Ohio the 18th day of
December A.D. 1860
I. Ranney. Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 92)
Description
[page 92]
[corresponds to labeled page 62 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan dec' Contd
And afterwards to wit on the 6th day of May A.D. 1861
the return of above commission with the deposition attached as
such herein to wit:
State of Iowa } Taken before
County of Lucas } John Edwards Commissioner
The deposition of William Tompkins Witness taken
at Chariton Lucas County Iowa in the 12th day of April 1861
between the hours of 10 o'clock A.M. & 4 O'clock P.M in pursuance of
previous notice given said Witness and in Obedience to a Commission
which issued from the Judge of the Probate Court of Delaware County
This dated December 18th A.D. 1861 and herewith annexed said
deposition to be read in evidence to establish the execution of the
last will and testament of Wm Morgan deceased late of Del
aware County Ohio
Interg 1st What is your name, age, and present place of
residence?
Answer - William Tompkins aged 62 years and resides at
present in Lucas County Iowa.
Interg 2nd Were you present at the execution of the last will
and testament of William Morgan of Delaware
County Ohio hereto annexed? -----
Answer 2nd I and the said B. C. Waters both 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 execution of the same
was of full age and of sound mind and
memory and not under any restraint and
that I and said Waters signed the same as
witnesses at his request and in his presence and
in the presence of each other
William Tompkins
State of Iowa }
S.S.
County of Lucas }
I John Edwards Commissioner appointed
in power and of authority from the Probate Court of Delaware
County Ohio and in notice there of the foregoing depositions of
William Tompkins was taken before me and after taken same had
been reduced to writing by me and made by me to said witness
was subscribed and sworn to by the deponent therein at my
office in Chariton in said County on the 12th day of April
A.D. 1861 between the hours of ten o'clock A.M. and 4 o'clock
P.M. of said day In testimony whereof I have hereunto set my
hand this 12th day of April 1861
John Edwards
Commissioner
[corresponds to labeled page 62 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan dec' Contd
And afterwards to wit on the 6th day of May A.D. 1861
the return of above commission with the deposition attached as
such herein to wit:
State of Iowa } Taken before
County of Lucas } John Edwards Commissioner
The deposition of William Tompkins Witness taken
at Chariton Lucas County Iowa in the 12th day of April 1861
between the hours of 10 o'clock A.M. & 4 O'clock P.M in pursuance of
previous notice given said Witness and in Obedience to a Commission
which issued from the Judge of the Probate Court of Delaware County
This dated December 18th A.D. 1861 and herewith annexed said
deposition to be read in evidence to establish the execution of the
last will and testament of Wm Morgan deceased late of Del
aware County Ohio
Interg 1st What is your name, age, and present place of
residence?
Answer - William Tompkins aged 62 years and resides at
present in Lucas County Iowa.
Interg 2nd Were you present at the execution of the last will
and testament of William Morgan of Delaware
County Ohio hereto annexed? -----
Answer 2nd I and the said B. C. Waters both 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 execution of the same
was of full age and of sound mind and
memory and not under any restraint and
that I and said Waters signed the same as
witnesses at his request and in his presence and
in the presence of each other
William Tompkins
State of Iowa }
S.S.
County of Lucas }
I John Edwards Commissioner appointed
in power and of authority from the Probate Court of Delaware
County Ohio and in notice there of the foregoing depositions of
William Tompkins was taken before me and after taken same had
been reduced to writing by me and made by me to said witness
was subscribed and sworn to by the deponent therein at my
office in Chariton in said County on the 12th day of April
A.D. 1861 between the hours of ten o'clock A.M. and 4 o'clock
P.M. of said day In testimony whereof I have hereunto set my
hand this 12th day of April 1861
John Edwards
Commissioner
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 93)
Description
[page 93]
[corresponds to labeled page 63 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan decd Contd
(Copy of Will)
Father of All I William Morgan do make and publish this my
last will and testament
Item 1st I give and bequeath to my beloved wife in lieu of her
Dower the farm on which we now reside situated in the county of
Delaware and State of Ohio and in the township of Harlem and
bounded on the east and north by land owned by L.R. Kesler and
George Morgan and in the south by land owned by R. N. Keer
and on the west by the same supposed to contain fifty Acres
of Land together with all the priveleges and appurtenances unto
the same belonging during her natural life provided she remain
my widow in the event of her marriage the real estate afore
said I give and divise to my sons George Morgan and
Loomis Morgan.
Item 2nd I devise and bequeath to my two sons George
And Loomis Morgan all of my personal property after
the widow dower is set off and my just debts are
paid
Item third I do hereby nominate and appoint Eliza
Morgan my wife executrix of my last Will and testament
hereby authorizing and empowering her too compromise adjust-
relieve & discharge in such manner as she may deem proper the
debts and claims due me.
I desire that no appraisement and no sale of my personal property
be made and that the Court of Probate direct the omission of
the same in pursuance of the Statute I do hereby revoke all former
wills by me made in testimony thereof I have hereunto set my
hand and Seal this 25th day of Sept. A.D. 1857
his
William X Morgan [Seal]
mark
signed and acknowledged by Said William Morgan as his last
will and testament in our presence and signed by us in his
presence.
William Tompkins
R.C.Traters [?]
The State of Ohio Delaware Co Ss
I R. C. Traters being duly sworn in open Court this 6th day of May AD
1861 depose and say that I was present at the execution of the last will
and testament of Wm Morgan hereto annexed that I saw the said
testator subscribe said will and heard him publish and declare the same
to be his last will & testament and that the said testator at the
time of executing the same was of full age and of sound mind of
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 Wm Tompkins
R.C. Traters - Sworn to and sub
scribed before me this 6th day of May A.D. 1861. I Ranney P.J.
[corresponds to labeled page 63 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan decd Contd
(Copy of Will)
Father of All I William Morgan do make and publish this my
last will and testament
Item 1st I give and bequeath to my beloved wife in lieu of her
Dower the farm on which we now reside situated in the county of
Delaware and State of Ohio and in the township of Harlem and
bounded on the east and north by land owned by L.R. Kesler and
George Morgan and in the south by land owned by R. N. Keer
and on the west by the same supposed to contain fifty Acres
of Land together with all the priveleges and appurtenances unto
the same belonging during her natural life provided she remain
my widow in the event of her marriage the real estate afore
said I give and divise to my sons George Morgan and
Loomis Morgan.
Item 2nd I devise and bequeath to my two sons George
And Loomis Morgan all of my personal property after
the widow dower is set off and my just debts are
paid
Item third I do hereby nominate and appoint Eliza
Morgan my wife executrix of my last Will and testament
hereby authorizing and empowering her too compromise adjust-
relieve & discharge in such manner as she may deem proper the
debts and claims due me.
I desire that no appraisement and no sale of my personal property
be made and that the Court of Probate direct the omission of
the same in pursuance of the Statute I do hereby revoke all former
wills by me made in testimony thereof I have hereunto set my
hand and Seal this 25th day of Sept. A.D. 1857
his
William X Morgan [Seal]
mark
signed and acknowledged by Said William Morgan as his last
will and testament in our presence and signed by us in his
presence.
William Tompkins
R.C.Traters [?]
The State of Ohio Delaware Co Ss
I R. C. Traters being duly sworn in open Court this 6th day of May AD
1861 depose and say that I was present at the execution of the last will
and testament of Wm Morgan hereto annexed that I saw the said
testator subscribe said will and heard him publish and declare the same
to be his last will & testament and that the said testator at the
time of executing the same was of full age and of sound mind of
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 Wm Tompkins
R.C. Traters - Sworn to and sub
scribed before me this 6th day of May A.D. 1861. I Ranney P.J.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 94)
Description
[page 94]
[corresponds to labeled page 64 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan decd Contd
And afterwards to wit on the 6th day of May A.D. 1861
the following order was had and entered to wit;
Matter of Last will etc of William Morgan decd late of Harlem
township. The Commission heretofore issued from the court
with the said will of the said William Morgan to take the
deposition of Wm Tompkins one of the subscribing witnesses thereto
was this day produced in Court & filed and it appearing to the satis-
faction of the court as well by the said deposition of the said
Wm Tompkins as well as by the testimony of R.C. Traters another subscribing
witness to the said will was duly attested and executed and that
said testator at the time of executing the same was of full age
and sound mind & memory & not under any restraint it is ordered
that said will & testimony be recorded. Thereupon Eliza Morgan
Executrix in said will named appeared in court and signified her
acceptance of the trust of executing said will it is thereupon ordered
that letter testamentary issue to her to her upon her giving bonds
the sum of $400.00 with Loomis & George Morgan as her sureties
Conditioned according to law.
Court appoints R.N. Kesler & James Hugler to appraise
the personal property belonging to said estate
I. Ranney Pro. Judge
_____________________________
Last will & testament of John Gotlieb Gock decd
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 May A.D. 61
This day the last will and testament of John Gottlieb Gook decd
of Delaware township Delaware County was produced in open Court and
duly proven by the testimony of John High & John Graham the
subscribing witnesses thereto (as reduced to writing and filed with said
will) admitted to Probate and ordered to be recorded as follow's
Copy of will
This is my last will and testament made and concluded
on this 2nd day of April 1861 I John Gotlieb Gook this day I leave
to my wife Elizabeth my farm or lot of land in Delaware township
Delaware County Ohio containing twenty six acres of land the same
is to have & to hold during her life time and if the income of
said lot is not sufficient to support her, She has the right to sell
said lot or farm and make use of the money to the best advantage
to suit herself she is also to have & too hold all the horses cow
sheep & swine She is also to have all the hay & straw in said
lot or farm and all the grain in the ground and sell the out
standing money and she is to give Susanna an out- set sealed
& delivered in the presence of - John Gotlieb Gook ~
[corresponds to labeled page 64 of Will Records Vol. 4 - 1859-1869]
Last Will etc of William Morgan decd Contd
And afterwards to wit on the 6th day of May A.D. 1861
the following order was had and entered to wit;
Matter of Last will etc of William Morgan decd late of Harlem
township. The Commission heretofore issued from the court
with the said will of the said William Morgan to take the
deposition of Wm Tompkins one of the subscribing witnesses thereto
was this day produced in Court & filed and it appearing to the satis-
faction of the court as well by the said deposition of the said
Wm Tompkins as well as by the testimony of R.C. Traters another subscribing
witness to the said will was duly attested and executed and that
said testator at the time of executing the same was of full age
and sound mind & memory & not under any restraint it is ordered
that said will & testimony be recorded. Thereupon Eliza Morgan
Executrix in said will named appeared in court and signified her
acceptance of the trust of executing said will it is thereupon ordered
that letter testamentary issue to her to her upon her giving bonds
the sum of $400.00 with Loomis & George Morgan as her sureties
Conditioned according to law.
Court appoints R.N. Kesler & James Hugler to appraise
the personal property belonging to said estate
I. Ranney Pro. Judge
_____________________________
Last will & testament of John Gotlieb Gock decd
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 May A.D. 61
This day the last will and testament of John Gottlieb Gook decd
of Delaware township Delaware County was produced in open Court and
duly proven by the testimony of John High & John Graham the
subscribing witnesses thereto (as reduced to writing and filed with said
will) admitted to Probate and ordered to be recorded as follow's
Copy of will
This is my last will and testament made and concluded
on this 2nd day of April 1861 I John Gotlieb Gook this day I leave
to my wife Elizabeth my farm or lot of land in Delaware township
Delaware County Ohio containing twenty six acres of land the same
is to have & to hold during her life time and if the income of
said lot is not sufficient to support her, She has the right to sell
said lot or farm and make use of the money to the best advantage
to suit herself she is also to have & too hold all the horses cow
sheep & swine She is also to have all the hay & straw in said
lot or farm and all the grain in the ground and sell the out
standing money and she is to give Susanna an out- set sealed
& delivered in the presence of - John Gotlieb Gook ~
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 95)
Description
[page 95]
[corresponds to labeled page 65 of Will Records Vol. 4 - 1859-1869]
Last Will etc of John Gottlieb Gock decd
John High
John Graham
The State of Ohio Delaware Co. Ss.
We John High & John Graham being duly sworn in
open Court this 20th day of May AD 1861 depose & say that we
were present at the execution of the last will and testament of
John Gotlieb Gook 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
John High
John Graham
Sworn to & subscribed before me this 20th day of May AD
1861.
I. Ranney Pro. Judge
________________________
Last will & testament of David Worline decd
Proceedings had before Hon I. Ranney Probate Judge within & for the
county of Delaware & State of Ohio at his office in the town of
Delaware on the 10th day of May A.D. 1861
This day the last will & testament of David Worline late
of Delaware township Delaware County was produced in open court
and duly proven by the testimony of J.H. White & James Eaton
& D. Harvey 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 David Worline of Delaware
township Delaware County, State of Ohio, being of sound and
disposing mind memory & Understanding do make publish
and declare this to be my last will & testament as far as
connected with my real estate hereby revoking and making void
all former last will and testaments and writings Native of Last
wills & testaments by me heretofore made
1st I give and bequeath to my son David A. Worline the north half
of the following tract of land after taking off four acres of land
off of the west end of said tract the whole tract is bounded &
described as follows being the south part of Lot Number two
and North part of lot Number One in Section from
Township five Range Nineteen of the United States Military
survey being the same lot or tract of land deeded to me by George
Rumford & Clara Rumford his wife by deed dated this 4th
day of March AD Eighteen Hundred and thirty five
[corresponds to labeled page 65 of Will Records Vol. 4 - 1859-1869]
Last Will etc of John Gottlieb Gock decd
John High
John Graham
The State of Ohio Delaware Co. Ss.
We John High & John Graham being duly sworn in
open Court this 20th day of May AD 1861 depose & say that we
were present at the execution of the last will and testament of
John Gotlieb Gook 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
John High
John Graham
Sworn to & subscribed before me this 20th day of May AD
1861.
I. Ranney Pro. Judge
________________________
Last will & testament of David Worline decd
Proceedings had before Hon I. Ranney Probate Judge within & for the
county of Delaware & State of Ohio at his office in the town of
Delaware on the 10th day of May A.D. 1861
This day the last will & testament of David Worline late
of Delaware township Delaware County was produced in open court
and duly proven by the testimony of J.H. White & James Eaton
& D. Harvey 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 David Worline of Delaware
township Delaware County, State of Ohio, being of sound and
disposing mind memory & Understanding do make publish
and declare this to be my last will & testament as far as
connected with my real estate hereby revoking and making void
all former last will and testaments and writings Native of Last
wills & testaments by me heretofore made
1st I give and bequeath to my son David A. Worline the north half
of the following tract of land after taking off four acres of land
off of the west end of said tract the whole tract is bounded &
described as follows being the south part of Lot Number two
and North part of lot Number One in Section from
Township five Range Nineteen of the United States Military
survey being the same lot or tract of land deeded to me by George
Rumford & Clara Rumford his wife by deed dated this 4th
day of March AD Eighteen Hundred and thirty five
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 96)
Description
[page 96]
[corresponds to labeled page 66 of Will Records Vol. 4 - 1859-1869]
Last Will etc of David Wooline decd
to which deed reference is hereby made for more particular
description of the same. the whole tract estimated to contain one
hundred acres of land this tract hereby bequeathed estimated
contain forty eight acres more or less, bequeathed subject to the here-
inafter stated conditions
2d I give and bequeath to my son Albert A. Worline the
south half of said tract of Land after taking off the aforesaid
four acres of land off the west end thereof subject to the hereinafter stated
conditions
3d I give and bequeath to my daughter Rebecca Dengler wife of
Frederick Dengler the above mentioned four acres of land off the west
end of the above described tract of land which tract of land in
the farm which I now reside to them taken off of said west
end by a parallel line with the section line & far enough east
from said section line to contain said four acres of land
also I further bequeath to my said daughter Rebecca the
whole of Lot Number eight in section there Township four
Range nineteen United States Military survey containing 49 acres
141 67/100 perches of land for a more particular description
of said lot of land reference is hereby made to a deed for
said lot made to me by Emery Moore & Nancy Moore
his wife dated the 9th day of January AD 1840
4th I give and bequeath to my grandchildren heirs of my deceased
daughter of Hester Ann Weiser wife of Soloman S Weiser
follows to be paid to each of them as they respectively become of
age as hereinafter stated viz to Albert Weiser the sum of five
hundred dollars to be paid by the before stated legatees as
follows by Albert A. Worline the sum of three hundred dollars
by David A Worline the sum of One hundred and fifty
dollars and by said Rebecca Dengler the Sum of fifty
dollars and the Hatty Weiser the sum of two hundred & fifty
dollars as follows by said Albert A. Worline the sum of one
hundred & fifty dollars By David A Worline Seventy five
dollars and By Rebecca Dengler the sum of 25 dollars and
to Nettie Weiser the sum of two hundred & fifty dollars
to be paid as follows by said Albert A Worline, the sum of
one hundred and fifty dollars by said David A Worline
the sum of seventy five dollars and by said Rebecca Dengler
the sum of twenty five dollars all said respective sums to
be paid by my aforesaid sons & daughter to my said three
grand children as they respectively become of age in consideration of
Real Estate here in before bequeathed to each of them herein
before described
And I do nominate appoint my said
sons Albert A Worline & David A Worline my sole executors of this
my last will & testament In testimony whereof I the said David
Worline have hereunto subscribed my name and affixed my seal
this sixth day of April AD 1861 Signed sealed and
[corresponds to labeled page 66 of Will Records Vol. 4 - 1859-1869]
Last Will etc of David Wooline decd
to which deed reference is hereby made for more particular
description of the same. the whole tract estimated to contain one
hundred acres of land this tract hereby bequeathed estimated
contain forty eight acres more or less, bequeathed subject to the here-
inafter stated conditions
2d I give and bequeath to my son Albert A. Worline the
south half of said tract of Land after taking off the aforesaid
four acres of land off the west end thereof subject to the hereinafter stated
conditions
3d I give and bequeath to my daughter Rebecca Dengler wife of
Frederick Dengler the above mentioned four acres of land off the west
end of the above described tract of land which tract of land in
the farm which I now reside to them taken off of said west
end by a parallel line with the section line & far enough east
from said section line to contain said four acres of land
also I further bequeath to my said daughter Rebecca the
whole of Lot Number eight in section there Township four
Range nineteen United States Military survey containing 49 acres
141 67/100 perches of land for a more particular description
of said lot of land reference is hereby made to a deed for
said lot made to me by Emery Moore & Nancy Moore
his wife dated the 9th day of January AD 1840
4th I give and bequeath to my grandchildren heirs of my deceased
daughter of Hester Ann Weiser wife of Soloman S Weiser
follows to be paid to each of them as they respectively become of
age as hereinafter stated viz to Albert Weiser the sum of five
hundred dollars to be paid by the before stated legatees as
follows by Albert A. Worline the sum of three hundred dollars
by David A Worline the sum of One hundred and fifty
dollars and by said Rebecca Dengler the Sum of fifty
dollars and the Hatty Weiser the sum of two hundred & fifty
dollars as follows by said Albert A. Worline the sum of one
hundred & fifty dollars By David A Worline Seventy five
dollars and By Rebecca Dengler the sum of 25 dollars and
to Nettie Weiser the sum of two hundred & fifty dollars
to be paid as follows by said Albert A Worline, the sum of
one hundred and fifty dollars by said David A Worline
the sum of seventy five dollars and by said Rebecca Dengler
the sum of twenty five dollars all said respective sums to
be paid by my aforesaid sons & daughter to my said three
grand children as they respectively become of age in consideration of
Real Estate here in before bequeathed to each of them herein
before described
And I do nominate appoint my said
sons Albert A Worline & David A Worline my sole executors of this
my last will & testament In testimony whereof I the said David
Worline have hereunto subscribed my name and affixed my seal
this sixth day of April AD 1861 Signed sealed and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 97)
Description
[page 97]
[corresponds to labeled page 67 of Will Records Vol. 4 - 1859-1869]
Last Will etc of David Worline decd
declared by said David Worline to be his last will and
testament in presence of us who at his request and in his
presence subscribed our names as witnesses hereto in
presence of each other
J.H. White ) David Worline {Seal}
James Eaton )
D. Harvey )
The State of Ohio Delaware Co Ss
We James Eaton and J.H. White and David Harvey
being duly sworn in open Court this 10th day of May
AD. 1861 depose and say that we were present
at the execution of the last will and testament of David
Worline 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
James Eaton
J.H. White
D. Harvey
Sworn to and subscribed before me this 10th day of
May A.D. 1861
I. Ranney Probate Judge
[corresponds to labeled page 67 of Will Records Vol. 4 - 1859-1869]
Last Will etc of David Worline decd
declared by said David Worline to be his last will and
testament in presence of us who at his request and in his
presence subscribed our names as witnesses hereto in
presence of each other
J.H. White ) David Worline {Seal}
James Eaton )
D. Harvey )
The State of Ohio Delaware Co Ss
We James Eaton and J.H. White and David Harvey
being duly sworn in open Court this 10th day of May
AD. 1861 depose and say that we were present
at the execution of the last will and testament of David
Worline 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
James Eaton
J.H. White
D. Harvey
Sworn to and subscribed before me this 10th day of
May A.D. 1861
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 98)
Description
[page 98]
[corresponds to labeled page 68 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Judd Peet decd
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 25th day of May A.D. 1861
This day the last will and testament of Judd Pett late
of Berlin Township & Delaware County was produced in open Court
and duly proven by the testimony of Orpha Cronkleton & 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, Judd Peet of the township of Berlin & County of
Delaware & State of Ohio do hereby make & publish
this my last will and testament.
1st I give & devise to my wife Mary E Peet the
whole of my estate both real & personal situate in
the township & County above mentioned except so much
as may be necessary to settle up my business and pay
all necessary expenses.
2nd I do hereby nominate & appoint my wife the said Mary
E. Peet above named as executrix of this my last will
& testament
3rd I desire that no appraisement & no public sale of my
personal property be made and that the court of Probate
direct the omission of the same in pursuance of the
estate
In testimony whereof I have hereunto set my hand
and seal this 14th day of March AD. 1861
Signed and acknowledged
by said Judd Peet as his Judd Peet [Seal]
last will & testament
in our presence signed
by us in his presence
Orpha Cronkleton
Silas Emerson
[corresponds to labeled page 68 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Judd Peet decd
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 25th day of May A.D. 1861
This day the last will and testament of Judd Pett late
of Berlin Township & Delaware County was produced in open Court
and duly proven by the testimony of Orpha Cronkleton & 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, Judd Peet of the township of Berlin & County of
Delaware & State of Ohio do hereby make & publish
this my last will and testament.
1st I give & devise to my wife Mary E Peet the
whole of my estate both real & personal situate in
the township & County above mentioned except so much
as may be necessary to settle up my business and pay
all necessary expenses.
2nd I do hereby nominate & appoint my wife the said Mary
E. Peet above named as executrix of this my last will
& testament
3rd I desire that no appraisement & no public sale of my
personal property be made and that the court of Probate
direct the omission of the same in pursuance of the
estate
In testimony whereof I have hereunto set my hand
and seal this 14th day of March AD. 1861
Signed and acknowledged
by said Judd Peet as his Judd Peet [Seal]
last will & testament
in our presence signed
by us in his presence
Orpha Cronkleton
Silas Emerson
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 99)
Description
[page 99]
[corresponds to labeled page 69 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Judd Peet decd
The State of Ohio Delaware Co. Ss
We Orpha Cronkleton and Silas Emerson being duly sworn
in open Court this 25th day of May A.D. 1861 depose & say
that we were present at the execution of the last will and
testament of Judd Peet hereto annexed that we saw the said
testator subscribe said will and heard him publish and
declare the same to be his last will & testament and that
the said testator at the time of executing the same
was of full age 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
Silas Emerson
Orpha Cronkleton
Sworn to and subscribed before me this 25th day of
May A.D. 1861
I. Ranney Pro. Judge
[corresponds to labeled page 69 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Judd Peet decd
The State of Ohio Delaware Co. Ss
We Orpha Cronkleton and Silas Emerson being duly sworn
in open Court this 25th day of May A.D. 1861 depose & say
that we were present at the execution of the last will and
testament of Judd Peet hereto annexed that we saw the said
testator subscribe said will and heard him publish and
declare the same to be his last will & testament and that
the said testator at the time of executing the same
was of full age 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
Silas Emerson
Orpha Cronkleton
Sworn to and subscribed before me this 25th day of
May A.D. 1861
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 100)
Description
[page 100]
[corresponds to labeled page 70 of Will Records Vol. 4 - 1859-1869]
Last Will etc of A.L. Griffith decd
Proceedings held 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 11th day of Jun A.D. 1861
This day the last will and testament of Anthony L.
Griffith late of Delaware Township & Delaware County was
produced in open Court and duly proven by the testimony
of Wm D. Heim & B. Powers 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 God "Amen"
I Anthony L. Griffiths of the County of Delaware
and State of Ohio - of lawful age - being of an advanced age
and considering the uncertainty of this mortal life - the certainty
of death, but the uncertainty of the time thereof and being of sound
and disposing mind and memory do so much publish this my
last will and testament for the purpose of disposing of my world-
ly effects to wit
Item 1st I will & devise that after my decease that my body be
decently buried and that my funeral expenses and my just &
legal debts be fully paid etc
Item 2nd I will and devise to my beloved wife Aletta Griffiths after
paying my debts as aforesaid all the balance and residue of
my said property both real personal and mixed with full
power to use, sell, dispose of. coming by deed, lease or otherwise for
her sole use benefit and behalf during her natural life etc And
at the death of my said wife Aletta if she dies before her brother
Cornelius C. Saydenn I will and devise to said Cornelius C.
Saydenn all the residue and remainder of my said property
of my said wife but if the said Cornelious C Saydenn
should die before my wife Aletta then and in that
case the whole of said residue to be at the disposal of my said
wife Aletta Griffiths as she may see proper etc.
Item 2nd I do hereby nominate and appoint my said
beloved wife Aletta Griffiths sole executrix of this my last
will & testament with full power to execute and carry on
effect this my last will & testament hereby revoking and
disavowing all other wills by me made and declaring and
publishing this to be my last will & testament
In Testimony whereof I have
hereunto set my hand and seal this 24th day of
October AD 1851.
A.L. Griffiths [Seal]
[corresponds to labeled page 70 of Will Records Vol. 4 - 1859-1869]
Last Will etc of A.L. Griffith decd
Proceedings held 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 11th day of Jun A.D. 1861
This day the last will and testament of Anthony L.
Griffith late of Delaware Township & Delaware County was
produced in open Court and duly proven by the testimony
of Wm D. Heim & B. Powers 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 God "Amen"
I Anthony L. Griffiths of the County of Delaware
and State of Ohio - of lawful age - being of an advanced age
and considering the uncertainty of this mortal life - the certainty
of death, but the uncertainty of the time thereof and being of sound
and disposing mind and memory do so much publish this my
last will and testament for the purpose of disposing of my world-
ly effects to wit
Item 1st I will & devise that after my decease that my body be
decently buried and that my funeral expenses and my just &
legal debts be fully paid etc
Item 2nd I will and devise to my beloved wife Aletta Griffiths after
paying my debts as aforesaid all the balance and residue of
my said property both real personal and mixed with full
power to use, sell, dispose of. coming by deed, lease or otherwise for
her sole use benefit and behalf during her natural life etc And
at the death of my said wife Aletta if she dies before her brother
Cornelius C. Saydenn I will and devise to said Cornelius C.
Saydenn all the residue and remainder of my said property
of my said wife but if the said Cornelious C Saydenn
should die before my wife Aletta then and in that
case the whole of said residue to be at the disposal of my said
wife Aletta Griffiths as she may see proper etc.
Item 2nd I do hereby nominate and appoint my said
beloved wife Aletta Griffiths sole executrix of this my last
will & testament with full power to execute and carry on
effect this my last will & testament hereby revoking and
disavowing all other wills by me made and declaring and
publishing this to be my last will & testament
In Testimony whereof I have
hereunto set my hand and seal this 24th day of
October AD 1851.
A.L. Griffiths [Seal]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 101)
Description
[page 101]
[corresponds to labeled page 71 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Anthony L Griffiths decd
Signed and sealed and acknowledged
by said Anthony L Griffiths as his
last will and testament in our
presence and signed by us in his
presence and at his request
Wm D. Heim
B. Powers
The State of Ohio Delaware Co Ss
We Wm D Heim and Benjamin Powers being duly
sworn in open Court this 11th day of June A.D.
1861 depose and say that we were present at the
execution of the last will and testament of Anthony
L. Griffiths hereto annexed That we saw and the said
testator subscribe said will and heard him publish
and declare the same to be his last will & testament
and that the said testator at the time of executing
the same was of full age 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 D. Heim
B. Powers
Sworn to and subscribe before me this 11th day
of June A.D. 1861
I Ranney Probate Judge
[corresponds to labeled page 71 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Anthony L Griffiths decd
Signed and sealed and acknowledged
by said Anthony L Griffiths as his
last will and testament in our
presence and signed by us in his
presence and at his request
Wm D. Heim
B. Powers
The State of Ohio Delaware Co Ss
We Wm D Heim and Benjamin Powers being duly
sworn in open Court this 11th day of June A.D.
1861 depose and say that we were present at the
execution of the last will and testament of Anthony
L. Griffiths hereto annexed That we saw and the said
testator subscribe said will and heard him publish
and declare the same to be his last will & testament
and that the said testator at the time of executing
the same was of full age 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 D. Heim
B. Powers
Sworn to and subscribe before me this 11th day
of June A.D. 1861
I Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 102)
Description
[page 102]
[corresponds to labeled page 72 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Benjamin Holley decd
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 1861
This day the last will & testament of Benjamin Holly decd
late of Delaware County & State of Ohio was produced in open
court and duly proven by the testimony of Silas Emerson &
Nancy Ann 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 Benjamin Holly of the county of Delaware & State of
Ohio being of full age and sound mind do make & publish
this my last will & testament
1st I give and devise to my wife Maria Holley the whole of my
personal & real estate situated in Berlin township and in
the county & State afore named that is she shall have
the full benefit of said property so long as She shall live
subject to the provision hereinafter made
1st I give & devise to my two daughters Jane Holly & Lois Holly
each one bed and the used bedding when they shall respectively
become eighteen years of age also they shall have their support
out of my property devised above to my wife as long as
they remain single and see proper to remain at home
2nd I give and devise to my son John Holly the use & control
of my property above devised to my wife so long as he supports
my said wife & daughters aforementioned according to the above
provisions & maintains a due regard for their feelings
& comfort treating therewith proper respect etc Now if the
said John Holly shall comply with the above conditions
after the death of my wife he shall have the whole of my
said property free of all encumbrances except such as are
herein specified. But if he should fail to comply with
the conditions of this instrument then my wife Maria
Holly shall take and have control of said property so
long as she shall live and after her death it should
be divided equally among all my children
4th I do hereby nominate and appoint my wife Maria
Holly and John Holly executors of this my last will
& testament
5th I desire that no appraisement or sale be made
of my personal property and that the court of Probate
so order in pursuance of the statute
[corresponds to labeled page 72 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Benjamin Holley decd
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 1861
This day the last will & testament of Benjamin Holly decd
late of Delaware County & State of Ohio was produced in open
court and duly proven by the testimony of Silas Emerson &
Nancy Ann 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 Benjamin Holly of the county of Delaware & State of
Ohio being of full age and sound mind do make & publish
this my last will & testament
1st I give and devise to my wife Maria Holley the whole of my
personal & real estate situated in Berlin township and in
the county & State afore named that is she shall have
the full benefit of said property so long as She shall live
subject to the provision hereinafter made
1st I give & devise to my two daughters Jane Holly & Lois Holly
each one bed and the used bedding when they shall respectively
become eighteen years of age also they shall have their support
out of my property devised above to my wife as long as
they remain single and see proper to remain at home
2nd I give and devise to my son John Holly the use & control
of my property above devised to my wife so long as he supports
my said wife & daughters aforementioned according to the above
provisions & maintains a due regard for their feelings
& comfort treating therewith proper respect etc Now if the
said John Holly shall comply with the above conditions
after the death of my wife he shall have the whole of my
said property free of all encumbrances except such as are
herein specified. But if he should fail to comply with
the conditions of this instrument then my wife Maria
Holly shall take and have control of said property so
long as she shall live and after her death it should
be divided equally among all my children
4th I do hereby nominate and appoint my wife Maria
Holly and John Holly executors of this my last will
& testament
5th I desire that no appraisement or sale be made
of my personal property and that the court of Probate
so order in pursuance of the statute
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 103)
Description
[page 103]
[corresponds to labeled page 73 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Benjamin Holly decd
In testimony hereof I have hereunto set my hand &
seal this 26th day of April A.D.1860
Signed & acknowledged Benjamin Holley
by said Benjamin [Seal]
Holly as his last will
& testament in our
presence and signed
by us in his presence
Silas Emerson
Nancy Ann Emerson
The State of Ohio Del Co So
We Silas Emerson & Nancy Ann Emerson being
duly sworn in Open Court this 29th day of July
AD 1861 depose & say that we were present
at the execution of the last will & testament
of Benjm Holley hereto annexed that we saw the
said testator subscribe said will and heard him
publish & declare the same to be his last will
& testament and that the said testator at the
time of executing the same was of full age
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
Silas Emerson
Nancy Ann Emerson
Sworn to & subscribed before me this 29th day
of July AD 1861
I. Ranney Probate Judge
[corresponds to labeled page 73 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Benjamin Holly decd
In testimony hereof I have hereunto set my hand &
seal this 26th day of April A.D.1860
Signed & acknowledged Benjamin Holley
by said Benjamin [Seal]
Holly as his last will
& testament in our
presence and signed
by us in his presence
Silas Emerson
Nancy Ann Emerson
The State of Ohio Del Co So
We Silas Emerson & Nancy Ann Emerson being
duly sworn in Open Court this 29th day of July
AD 1861 depose & say that we were present
at the execution of the last will & testament
of Benjm Holley hereto annexed that we saw the
said testator subscribe said will and heard him
publish & declare the same to be his last will
& testament and that the said testator at the
time of executing the same was of full age
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
Silas Emerson
Nancy Ann Emerson
Sworn to & subscribed before me this 29th day
of July AD 1861
I. Ranney Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 104)
Description
[page 104]
[corresponds to labeled page 74 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Catherine Weiser
Proceedings had before Hon. I Ranney Probate Judge within &
for the county of Delaware & State of Ohio at his office in
the town of Delaware on the 2nd day of August 1861
This day the Last will & testament of Catherin Weiser late of
Delaware County & State of Ohio was produced in open court and duly proved
by the testimony of R. Lugenbeel. N.D. Perry & E. Anderson the
subscribing witnesses thereto (as reduced to writing & filed with said
will) admitted to Probate & ordered to be recorded as follows
Copy of Will
In the name of God Amen. I. Catherine Weiser of the County of
Delaware & State of Ohio being in reasonable health of body and of
sound mind & understanding and considering the certainty of
Death and the uncertainty of the times thereof and being desirous
to settle my worldly affair and thereby be the better prepared
to leave this world when it shall please my Heavenly Father
to call me home do therefore do make & publish this my last will
& testament in manner & form following that is to say
Item 1st I give & bequeath unto my grand children Sarah Goodman
Nancy Rankin & Israel Arnold each one dollar
Item 2 I give & bequeath unto my sons Jacob, Peter, William &
David & my daughters Elizabeth, Hannah & Lucina all the residue
of my estate both real personal & mixed to be equally divided
amongst them share & share alike
And lastly I do hereby appoint my sons Jacob & David to be
executors of this my last will & testament with full power to
settle my estate without taking out letters of administration
revoking & annuling all former wills by me made & ratifying
to be my last will & testament.
In testimony whereof I have hereunto set my hand & affix
my seal this 1st day of June Eighteen hundred & fifty eight
Signed sealed & declared }
by Catherine Weiser to be her last }
will & testament in the presence }
of us who at her request & in } her
her presence and in the presence } Catherine X Weiser [Seal]
of each other have subscribed our } mark
names as witnesses thereto }
R. Lugenbeel }
N. D. Perry }
E. Anderson }
[corresponds to labeled page 74 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Catherine Weiser
Proceedings had before Hon. I Ranney Probate Judge within &
for the county of Delaware & State of Ohio at his office in
the town of Delaware on the 2nd day of August 1861
This day the Last will & testament of Catherin Weiser late of
Delaware County & State of Ohio was produced in open court and duly proved
by the testimony of R. Lugenbeel. N.D. Perry & E. Anderson the
subscribing witnesses thereto (as reduced to writing & filed with said
will) admitted to Probate & ordered to be recorded as follows
Copy of Will
In the name of God Amen. I. Catherine Weiser of the County of
Delaware & State of Ohio being in reasonable health of body and of
sound mind & understanding and considering the certainty of
Death and the uncertainty of the times thereof and being desirous
to settle my worldly affair and thereby be the better prepared
to leave this world when it shall please my Heavenly Father
to call me home do therefore do make & publish this my last will
& testament in manner & form following that is to say
Item 1st I give & bequeath unto my grand children Sarah Goodman
Nancy Rankin & Israel Arnold each one dollar
Item 2 I give & bequeath unto my sons Jacob, Peter, William &
David & my daughters Elizabeth, Hannah & Lucina all the residue
of my estate both real personal & mixed to be equally divided
amongst them share & share alike
And lastly I do hereby appoint my sons Jacob & David to be
executors of this my last will & testament with full power to
settle my estate without taking out letters of administration
revoking & annuling all former wills by me made & ratifying
to be my last will & testament.
In testimony whereof I have hereunto set my hand & affix
my seal this 1st day of June Eighteen hundred & fifty eight
Signed sealed & declared }
by Catherine Weiser to be her last }
will & testament in the presence }
of us who at her request & in } her
her presence and in the presence } Catherine X Weiser [Seal]
of each other have subscribed our } mark
names as witnesses thereto }
R. Lugenbeel }
N. D. Perry }
E. Anderson }
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 105)
Description
[page 105]
[corresponds to labeled page 75 of Will Records Vol. 4 - 1859-1869]
Last Will ect of Catherine Weiser - - -
The State of Ohio - Delaware Co SS
Mr. B. Lugenbeel, N. D. Perry and Edgar Anderson being duly sworn
in open Court this 3rd day of August A.D. 1861 depose & say
that we were present at the execution of the last will & testament
of Catherine Weiser hereto annexed that we saw the said testatrix
subscribe said will and heard her publish and declare the
same to be her last will & testament and that the said testatrix
at the time of executing the same was of full age and of sound
mind and memory and not under any retraint and that we
signed the same as witnesses at her request and in her presence
and in the presence of each other.
N. D. Perry
E. Anderson
Sworn to and subscribed before us this 2nd day of August
A. D. 1861
T. Ranney Probate Judge
Last Will etc of Wm T. Sharp deceased
Proceeding 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 Sept. 1861.
This day the last will & testament of Wm T. Sharp
late of Marlborough township Delaware County & State of
Ohio was produced in open court and duly proven by the
testimony of Hugh Cole & J. C. Cole the subscribing witnesses
thereto (as reduced to writing & filed with said will) admitted
to Probate & ordered to be recorded as follows:
Copy of Will
I Wm T. Sharp of Marlborough Township - Delaware Co
Ohio do make and publish this my last will & testament
Item 1st I give & devise to my son Joseph P. Sharp 82
acres of land in R.19 T.6. S.21. Lot 10 S.E. 21 and also 20
acres in R. 19. T. 6. S1 lot 38 and twenty acres in the East
part of R 19 T6 8 4 lot 2 joining lands of J. C. Cole.
Item 2nd I give & devise to my son Samuel Sharp one hundred
& five and one half acres of land in R19. T. 6. S. 4. lot 2 N
Part in Twp TP. and I do give and devise unto my sons
Joseph R. Sharp and Samuel S. Sharp Eighty acres of land
in Putnam County Ohio and Two hundred and forty
acres of land in Stark County Indiana
[corresponds to labeled page 75 of Will Records Vol. 4 - 1859-1869]
Last Will ect of Catherine Weiser - - -
The State of Ohio - Delaware Co SS
Mr. B. Lugenbeel, N. D. Perry and Edgar Anderson being duly sworn
in open Court this 3rd day of August A.D. 1861 depose & say
that we were present at the execution of the last will & testament
of Catherine Weiser hereto annexed that we saw the said testatrix
subscribe said will and heard her publish and declare the
same to be her last will & testament and that the said testatrix
at the time of executing the same was of full age and of sound
mind and memory and not under any retraint and that we
signed the same as witnesses at her request and in her presence
and in the presence of each other.
N. D. Perry
E. Anderson
Sworn to and subscribed before us this 2nd day of August
A. D. 1861
T. Ranney Probate Judge
Last Will etc of Wm T. Sharp deceased
Proceeding 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 Sept. 1861.
This day the last will & testament of Wm T. Sharp
late of Marlborough township Delaware County & State of
Ohio was produced in open court and duly proven by the
testimony of Hugh Cole & J. C. Cole the subscribing witnesses
thereto (as reduced to writing & filed with said will) admitted
to Probate & ordered to be recorded as follows:
Copy of Will
I Wm T. Sharp of Marlborough Township - Delaware Co
Ohio do make and publish this my last will & testament
Item 1st I give & devise to my son Joseph P. Sharp 82
acres of land in R.19 T.6. S.21. Lot 10 S.E. 21 and also 20
acres in R. 19. T. 6. S1 lot 38 and twenty acres in the East
part of R 19 T6 8 4 lot 2 joining lands of J. C. Cole.
Item 2nd I give & devise to my son Samuel Sharp one hundred
& five and one half acres of land in R19. T. 6. S. 4. lot 2 N
Part in Twp TP. and I do give and devise unto my sons
Joseph R. Sharp and Samuel S. Sharp Eighty acres of land
in Putnam County Ohio and Two hundred and forty
acres of land in Stark County Indiana
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 106)
Description
[page 106]
[corresponds to labeled page 76 of Will Records Vol. 4 - 1859-1869]
Last Will of Wm T. Sharp dec'
Item 3rd I give & devise to my two sons Wm Sharp and John
Sharp one hundred dollars each when called for
Item 4th I do hereby nominate and appoint Joseph B.
& Samuel Sharp Executors of this my last will & testament
hereby authorizing and empowering them to compromise adjust
release & discharge in such manner as they may deem proper
the debts and claims due me I do also authorize and empower
them if it shall become necessary in order to pay my debts
to sell all of my stock Horses Cattle Sheep Hogs and
or to retain if and keep it on the Farm and pay my
lawful debts out of their own funds and divide the stock
between the said J. B. Sharp and S. Sharp or to make
such distribution of the said Stock as they may see fit and
proper. And I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand & seal
this the 16th day of August 1861
Signed and acknowledged by } Wm T. Sharp [Seal]
said Wm T. Sharp as his }
last will and testament in }
our presence and signed by }
us in his presence }
Hugh Cole }
J. C. Cole }
The State of Ohio Del Co
Mr. Hugh Cole and J. C. Cole being sworn in Open Court
the 7th day of Sept. AD 1861 depose and say that we
present at the execution of the last will and testament
of Wm T. Sharp 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
Hugh Cole
J. C. Cole
Sworn to and subscribed before me this }
7th day of September A.D. 1861 }
` I. Ranney. Pro. Judge
[corresponds to labeled page 76 of Will Records Vol. 4 - 1859-1869]
Last Will of Wm T. Sharp dec'
Item 3rd I give & devise to my two sons Wm Sharp and John
Sharp one hundred dollars each when called for
Item 4th I do hereby nominate and appoint Joseph B.
& Samuel Sharp Executors of this my last will & testament
hereby authorizing and empowering them to compromise adjust
release & discharge in such manner as they may deem proper
the debts and claims due me I do also authorize and empower
them if it shall become necessary in order to pay my debts
to sell all of my stock Horses Cattle Sheep Hogs and
or to retain if and keep it on the Farm and pay my
lawful debts out of their own funds and divide the stock
between the said J. B. Sharp and S. Sharp or to make
such distribution of the said Stock as they may see fit and
proper. And I do hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand & seal
this the 16th day of August 1861
Signed and acknowledged by } Wm T. Sharp [Seal]
said Wm T. Sharp as his }
last will and testament in }
our presence and signed by }
us in his presence }
Hugh Cole }
J. C. Cole }
The State of Ohio Del Co
Mr. Hugh Cole and J. C. Cole being sworn in Open Court
the 7th day of Sept. AD 1861 depose and say that we
present at the execution of the last will and testament
of Wm T. Sharp 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
Hugh Cole
J. C. Cole
Sworn to and subscribed before me this }
7th day of September A.D. 1861 }
` I. Ranney. Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 107)
Description
[page 107]
[corresponds to labeled page 77 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Isaac Welch Dec'
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 21st day of Oct. 1861
This day the last will and testament of Isaac Welch dec' late of
Delaware County and State of Ohio was produced in open court
and duly proven by the testimony of Daniel Shafer and Ezekiel
Hardin 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 Isaac Welch
of Liberty Township Delaware County in State of Ohio do
make & publish this my last will & testament
Item 1st I give & devise to my beloved wife in lieu of her
dower One hundred Dollars & one pig now in the pen &
three bushels of potatoes, the money to be paid out of
the first money that is collected from the estate and
interest on said hundred Dollars from the present date
In case she is not satisfied with this I give and devise
to her her lawful right in my property in lieu of
the hundred dollars etc
Item 2nd After paying all my debts I give and devise the
balance that is left to all the heirs in equal shares
the heirs of Elijah & John Deceased collectively to & now
their fathers portion with the exception of Forty Dollars
taken from the share of David.
Item 4th I do hereby nominate and appoint Reuben
Hardin & Hiram R. Carpenter executors of this my last
will & testament hereby authorizing and empowering them
to compromise adjust release and discharge in such manner
as they may deem proper the debts and claims due me.
I also authorize and empower them if it shall be necessary
in order to pay my debts to sell by private sale or in such
manner upon such terms of credit or otherwise as they may
think proper all or any part of my real estate and deed
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 sixteenth
Day of October in the year 1861
his
Isaac X Welch [Seal]
mark
Signed and acknowledged by
said Isaac Welch as his last
will & testament in our presence &
signed by us in his presence
David Shafer
Ezekiel Hardin
[corresponds to labeled page 77 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Isaac Welch Dec'
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 21st day of Oct. 1861
This day the last will and testament of Isaac Welch dec' late of
Delaware County and State of Ohio was produced in open court
and duly proven by the testimony of Daniel Shafer and Ezekiel
Hardin 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 Isaac Welch
of Liberty Township Delaware County in State of Ohio do
make & publish this my last will & testament
Item 1st I give & devise to my beloved wife in lieu of her
dower One hundred Dollars & one pig now in the pen &
three bushels of potatoes, the money to be paid out of
the first money that is collected from the estate and
interest on said hundred Dollars from the present date
In case she is not satisfied with this I give and devise
to her her lawful right in my property in lieu of
the hundred dollars etc
Item 2nd After paying all my debts I give and devise the
balance that is left to all the heirs in equal shares
the heirs of Elijah & John Deceased collectively to & now
their fathers portion with the exception of Forty Dollars
taken from the share of David.
Item 4th I do hereby nominate and appoint Reuben
Hardin & Hiram R. Carpenter executors of this my last
will & testament hereby authorizing and empowering them
to compromise adjust release and discharge in such manner
as they may deem proper the debts and claims due me.
I also authorize and empower them if it shall be necessary
in order to pay my debts to sell by private sale or in such
manner upon such terms of credit or otherwise as they may
think proper all or any part of my real estate and deed
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 sixteenth
Day of October in the year 1861
his
Isaac X Welch [Seal]
mark
Signed and acknowledged by
said Isaac Welch as his last
will & testament in our presence &
signed by us in his presence
David Shafer
Ezekiel Hardin
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 108)
Description
[page 108]
[corresponds to labeled page 78 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Isaac Welch Deceased
The State of Ohio Delaware Co Ss
We Daniel Shafer and Ezekiel Hardin being duly sworn in
open Court this 21st day of Oct. A.D. 1861 depose and say that
we were present at the execution of the last will and testament
of Isaac Welch hereto annexed that we saw said testator
subscribe said will and heard him publish and declare the
same to be his last will and testament and that the said
testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint and
that we signed the same as witnesses at his request and
in his presence and in the presence of each other
Daniel Shafer
Ezekiel Hardin
Sworn to and subscribed before me this 21st day of October
A.D. 1861
I. Ranney Pro. Judge
Last Will and testament of James McFalls decd
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 November AD. 1861
This day the last will and testament of James McFall late of
Delaware County and State of Ohio was produced in open Court and
duly proven by the testimony of John Shaver & George A. Peck the
subscribing withnesses thereto (as reduced to writing and filed with said will)
admitted to Probate & ordered to be recorded as follows;
Copy of Will
In the name of the Benevolent Father of all I James McFall of the
County of Delaware do make and publish this my last will and tes
tament
Item 1st I give and devise to my beloved wife Polly all my real estate
and Personal propery to have and to hold the same forever. She
however to sell so much of my personal property to pay
my funeral expenses.
Item 2nd I will and bequeath one Dollar to each and every one
of my lawful heirs to be paid out of my personal property
at the expiration of one year from my Decease. I hereby
revoke all former wills by me made in testimony here of &
have set my hand and seal this 20th day of Nov. in the
year of our Lord 1859
his
James X McFall [Seal]
mark
[corresponds to labeled page 78 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Isaac Welch Deceased
The State of Ohio Delaware Co Ss
We Daniel Shafer and Ezekiel Hardin being duly sworn in
open Court this 21st day of Oct. A.D. 1861 depose and say that
we were present at the execution of the last will and testament
of Isaac Welch hereto annexed that we saw said testator
subscribe said will and heard him publish and declare the
same to be his last will and testament and that the said
testator at the time of executing the same was of full age and
of sound mind and memory and not under any restraint and
that we signed the same as witnesses at his request and
in his presence and in the presence of each other
Daniel Shafer
Ezekiel Hardin
Sworn to and subscribed before me this 21st day of October
A.D. 1861
I. Ranney Pro. Judge
Last Will and testament of James McFalls decd
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 November AD. 1861
This day the last will and testament of James McFall late of
Delaware County and State of Ohio was produced in open Court and
duly proven by the testimony of John Shaver & George A. Peck the
subscribing withnesses thereto (as reduced to writing and filed with said will)
admitted to Probate & ordered to be recorded as follows;
Copy of Will
In the name of the Benevolent Father of all I James McFall of the
County of Delaware do make and publish this my last will and tes
tament
Item 1st I give and devise to my beloved wife Polly all my real estate
and Personal propery to have and to hold the same forever. She
however to sell so much of my personal property to pay
my funeral expenses.
Item 2nd I will and bequeath one Dollar to each and every one
of my lawful heirs to be paid out of my personal property
at the expiration of one year from my Decease. I hereby
revoke all former wills by me made in testimony here of &
have set my hand and seal this 20th day of Nov. in the
year of our Lord 1859
his
James X McFall [Seal]
mark
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 109)
Description
[page 109]
[corresponds to labeled page 79 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James McFalls dec
Signed and acknowledged by James McFalls as
his last will and testament in presence and signed
by us in his presence
John Shaver
Geo. A. Peck
The State of Ohio Del. Co Ss
Mr. John Shaver & Geo. A. Peck being duly sworn in open
Court this 18th day of Novemeber A.D. 1861 depose and say
that we were present at the execution of the last
will and testament of James McFalls 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 this said testator at
the time of executing the same was of full age and
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
John Shaver
Geo. A. Peck
Sworn to and subscribed before me this 13th day of Nov.
A.D. 1861
I. Ranney P.J.
[corresponds to labeled page 79 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James McFalls dec
Signed and acknowledged by James McFalls as
his last will and testament in presence and signed
by us in his presence
John Shaver
Geo. A. Peck
The State of Ohio Del. Co Ss
Mr. John Shaver & Geo. A. Peck being duly sworn in open
Court this 18th day of Novemeber A.D. 1861 depose and say
that we were present at the execution of the last
will and testament of James McFalls 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 this said testator at
the time of executing the same was of full age and
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
John Shaver
Geo. A. Peck
Sworn to and subscribed before me this 13th day of Nov.
A.D. 1861
I. Ranney P.J.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 110)
Description
[page 110]
[corresponds to labeled page 80 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Gray 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 19th day of November 1861.
This day the last will and testament of James Gray late of
Delaware County and State of Ohio was produced in open Court
and duly proven by the testimony of S.P. Lott William Flor &
Robert Gray the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to Probate and ordered to be re
corded as follows;
Copy of Will
In the name of God Amen. I James Gray of the State of
Ohio and Delaware County being in poor bodily health but of
sound and & disposing mind and memory calling to
mind the frailty and uncertainty of human life and
being desirous of settling my worldly affairs and directing how
that estate which it has pleased God to bless me shall be
disposed of after my decease. While I have strength and ca
pacity to do so do make and publish this my last will and
testament hereby revoking and making void all other last wills
and testaments by me have afore made.
And first I command my immmortal being to Him who
gave it and my body to the earth to be buried with little
expense or ostentation, by my executor hereafter named my will is
that all my just debts and funeral charges shall by ex-
-ecutor hereinafter named be paid out of my estate as is
after my decease as shall by him be found convenient
I give, devise, and bequeath to my beloved wife Eleanor Gray
all my personal property to dispose of as she pleases except
twelve hundred dollars in the hand of F.B. Wilcox the
Interest of which shall be applied by my executor to the
support of my beloved wife during her natural life at which
time the twelve hundred dollars shall be equally divided among
my heirs at 8am.
Lastly I do nominate and appoint my son James H.
Gray to be the executor of this my last will and testament
In testimony whereof I the said James Gray have here
in inscribed my name and affixed my seal this sixth
day of February in the year of our Lord one thousand eight
hundred and sixty one
Attests James Gray [Seal]
William Flor
S.P. Lott
Robert Gray
[corresponds to labeled page 80 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Gray 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 19th day of November 1861.
This day the last will and testament of James Gray late of
Delaware County and State of Ohio was produced in open Court
and duly proven by the testimony of S.P. Lott William Flor &
Robert Gray the subscribing witnesses thereto (as reduced to writing and
filed with said will) admitted to Probate and ordered to be re
corded as follows;
Copy of Will
In the name of God Amen. I James Gray of the State of
Ohio and Delaware County being in poor bodily health but of
sound and & disposing mind and memory calling to
mind the frailty and uncertainty of human life and
being desirous of settling my worldly affairs and directing how
that estate which it has pleased God to bless me shall be
disposed of after my decease. While I have strength and ca
pacity to do so do make and publish this my last will and
testament hereby revoking and making void all other last wills
and testaments by me have afore made.
And first I command my immmortal being to Him who
gave it and my body to the earth to be buried with little
expense or ostentation, by my executor hereafter named my will is
that all my just debts and funeral charges shall by ex-
-ecutor hereinafter named be paid out of my estate as is
after my decease as shall by him be found convenient
I give, devise, and bequeath to my beloved wife Eleanor Gray
all my personal property to dispose of as she pleases except
twelve hundred dollars in the hand of F.B. Wilcox the
Interest of which shall be applied by my executor to the
support of my beloved wife during her natural life at which
time the twelve hundred dollars shall be equally divided among
my heirs at 8am.
Lastly I do nominate and appoint my son James H.
Gray to be the executor of this my last will and testament
In testimony whereof I the said James Gray have here
in inscribed my name and affixed my seal this sixth
day of February in the year of our Lord one thousand eight
hundred and sixty one
Attests James Gray [Seal]
William Flor
S.P. Lott
Robert Gray
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 111)
Description
[page 111]
[corresponds to labeled page 81 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Gray dcd
We S.P. Lott, William Flor, Robert Gray being
duly sworn in open Court this 19th day of Nov. A.D.
1861 depose and say that we were present at the execut-
tion of the last will and testament of James Gray
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 at his request and in his presence and in the
presence of each other
S.P. Lott
William Flor
Robert Gray
Sworn to and subscribed before me this 19th day of
Nov A.D. 1861
I. Ranney Pro. Judge
Last Will & Testament of Evan Humphreys decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the county of Delaware and State of
Ohio at his office in the town of Delaware on the 24th day
of January A.D. 1862
This day the last will and testament of Evan Humphreys
late of Delaware County and State of Ohio was produced in
open court and duly proven by the testimony of
J. B. Jones and Gwen Jones 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, Evan Humphreys of Radnor Township Delaware County
Ohio do make and publish this my last will and
testament
Item 1st I give and devise to my son John Humphreys and
his heirs the farm on which we now reside situate in
the township of Radnor Delaware County Ohio containing
about one hundred and twenty one acres and all the
stock, household goods, furniture, provisions and other goods
and chattles which may be then on at the time of my
[corresponds to labeled page 81 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of James Gray dcd
We S.P. Lott, William Flor, Robert Gray being
duly sworn in open Court this 19th day of Nov. A.D.
1861 depose and say that we were present at the execut-
tion of the last will and testament of James Gray
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 at his request and in his presence and in the
presence of each other
S.P. Lott
William Flor
Robert Gray
Sworn to and subscribed before me this 19th day of
Nov A.D. 1861
I. Ranney Pro. Judge
Last Will & Testament of Evan Humphreys decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the county of Delaware and State of
Ohio at his office in the town of Delaware on the 24th day
of January A.D. 1862
This day the last will and testament of Evan Humphreys
late of Delaware County and State of Ohio was produced in
open court and duly proven by the testimony of
J. B. Jones and Gwen Jones 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, Evan Humphreys of Radnor Township Delaware County
Ohio do make and publish this my last will and
testament
Item 1st I give and devise to my son John Humphreys and
his heirs the farm on which we now reside situate in
the township of Radnor Delaware County Ohio containing
about one hundred and twenty one acres and all the
stock, household goods, furniture, provisions and other goods
and chattles which may be then on at the time of my
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 112)
Description
[page 112]
[corresponds to labeled page 82 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Evan Humphreys decd
decease he however selling so much them of as may be
sufficient to pay my just debts
Item 2nd I devise and bequeath to my daughter Mary five dollars
Item 3d I devise and bequeath to my son William Five dollars
Item 4th I devise and bequeath to my son Evan five dollars
Item 5th I devise and bequeath to my son David five dollars
Item 6th I devise and bequeath to my daughter Margart
one hundred dollars
Item 7th I do hereby nominate and appoint my son John
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 due now I do also authorize
empower him if it should become necessary in order
to pay my debts to sell by private sale or in such
manner upon each terms of credit or otherwise as he
may think proper all or any part of my real
estate and deeds to purchase to execute ackowl-
-ledge and deliver in fee simple.
I do hereby make all former wills by me made
In testimony hereof I have hereunto set my hand
and seal this 25th day of March A.D. 1859.
Signed and acknowledged )
by said Evan Humphreys ) Evan Humphreys {seal}
as his last will )
and testament in our presence )
and signed by us in his )
presence )
J.B. Jones )
Gwen Jones )
The State of Ohio Delaware
M. John B. Jones and Gwen Jones being duly sworn
in open Court this 24th day of January A.D. 1862 depose
and say that we were present at the execution of the last
will and testament of Evan Humphreys hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to 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 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.B. Jones
Gwen Jones
Sworn to and subscribed before me this 24th day of Jan.
A.D. 1862 I. Ranney P.J.
[corresponds to labeled page 82 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Evan Humphreys decd
decease he however selling so much them of as may be
sufficient to pay my just debts
Item 2nd I devise and bequeath to my daughter Mary five dollars
Item 3d I devise and bequeath to my son William Five dollars
Item 4th I devise and bequeath to my son Evan five dollars
Item 5th I devise and bequeath to my son David five dollars
Item 6th I devise and bequeath to my daughter Margart
one hundred dollars
Item 7th I do hereby nominate and appoint my son John
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 due now I do also authorize
empower him if it should become necessary in order
to pay my debts to sell by private sale or in such
manner upon each terms of credit or otherwise as he
may think proper all or any part of my real
estate and deeds to purchase to execute ackowl-
-ledge and deliver in fee simple.
I do hereby make all former wills by me made
In testimony hereof I have hereunto set my hand
and seal this 25th day of March A.D. 1859.
Signed and acknowledged )
by said Evan Humphreys ) Evan Humphreys {seal}
as his last will )
and testament in our presence )
and signed by us in his )
presence )
J.B. Jones )
Gwen Jones )
The State of Ohio Delaware
M. John B. Jones and Gwen Jones being duly sworn
in open Court this 24th day of January A.D. 1862 depose
and say that we were present at the execution of the last
will and testament of Evan Humphreys hereto annexed
that we saw the said testator subscribe said will and heard
him publish and declare the same to 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 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.B. Jones
Gwen Jones
Sworn to and subscribed before me this 24th day of Jan.
A.D. 1862 I. Ranney P.J.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 113)
Description
[page 113]
[corresponds to labeled page 83 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joseph Patrick
Proceedings had before Hon. I. Ranney Probate Judge
within & for the County of Delaware & State of
Ohio at his office in the town of Delaware on the
28th day of April A.D. 1862.
This day the last Will & Testament of Joseph
Patrick late of Delaware County and State of Ohio
was produced in open Court and duly sworn by
the testimony of Christopher C. Bricker and Samuel
L. Bryant the subscribing witnesses thereto (as reduced
to writing & filed within said will) admitted to Probate
and ordered to be recorded as follows:
Copy of Will
I, Joseph Patrick of Delaware County, Ohio, do make
my last will & testament in manner and form
following viz: I give to my wife Sarah one note I
hold against Roswell F. Fowler also one note
I hold against N. Hammill and also my Buggy
and harness with all the money I shall have
on hand at the time of my death not exceed-
ing one hundred dollars. I give the farm whereon
I now live to my daughter Zeruah in her own
right reserving the use thereof to my wife Sarah
during her life time - I give to my grand daughter
Sarah. Jane. Domegan one note I hold against John
Domigan for almost one hundred and twenty-five
dollars also one hundred dollars in cash to
be paid in one year after my death. I give unto
Eugene Rooney one hundred dollars to Luellen Rooney
fifty dollars to be held by Oliver Stark as trustee to be
paid to them with interest from my death when they
become of age. I give to my son Porter my gold watch
and to Joseph Patrick and Joseph Stark twenty dollars
each. The balance of money to be collected and expenses
paid all up and what monies to be divided equal
between Eliza Stark - Julia Benton my sons Charles & Porter
my daughters Amelia Landon and Leonora Willcox has
their full share of my estate. And I hereby appoint Oliver
Stark to be the Executor of this my last will & testament
and I hereby give to him fifty dollars and no more
for Executing the same in witness thereof I have
hereunto set my hand and seal this 1st day of
April 1862
Samuel L. Bryant Joseph Patrick {seal}
Christopher C. Bricker
[corresponds to labeled page 83 of Will Records Vol. 4 - 1859-1869]
Last Will and Testament of Joseph Patrick
Proceedings had before Hon. I. Ranney Probate Judge
within & for the County of Delaware & State of
Ohio at his office in the town of Delaware on the
28th day of April A.D. 1862.
This day the last Will & Testament of Joseph
Patrick late of Delaware County and State of Ohio
was produced in open Court and duly sworn by
the testimony of Christopher C. Bricker and Samuel
L. Bryant the subscribing witnesses thereto (as reduced
to writing & filed within said will) admitted to Probate
and ordered to be recorded as follows:
Copy of Will
I, Joseph Patrick of Delaware County, Ohio, do make
my last will & testament in manner and form
following viz: I give to my wife Sarah one note I
hold against Roswell F. Fowler also one note
I hold against N. Hammill and also my Buggy
and harness with all the money I shall have
on hand at the time of my death not exceed-
ing one hundred dollars. I give the farm whereon
I now live to my daughter Zeruah in her own
right reserving the use thereof to my wife Sarah
during her life time - I give to my grand daughter
Sarah. Jane. Domegan one note I hold against John
Domigan for almost one hundred and twenty-five
dollars also one hundred dollars in cash to
be paid in one year after my death. I give unto
Eugene Rooney one hundred dollars to Luellen Rooney
fifty dollars to be held by Oliver Stark as trustee to be
paid to them with interest from my death when they
become of age. I give to my son Porter my gold watch
and to Joseph Patrick and Joseph Stark twenty dollars
each. The balance of money to be collected and expenses
paid all up and what monies to be divided equal
between Eliza Stark - Julia Benton my sons Charles & Porter
my daughters Amelia Landon and Leonora Willcox has
their full share of my estate. And I hereby appoint Oliver
Stark to be the Executor of this my last will & testament
and I hereby give to him fifty dollars and no more
for Executing the same in witness thereof I have
hereunto set my hand and seal this 1st day of
April 1862
Samuel L. Bryant Joseph Patrick {seal}
Christopher C. Bricker
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 114)
Description
[page 114]
[corresponds to labeled page 84 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Joseph Patrick decd.
Codicil - I hereby empower Oliver Stark to complete the
contract with Peter Rosecrans and make to him a
good and sufficient deed for the farm he purchased of
me and holds by Article of Agreement upon said
Peter Rosecrans complying with the terms of said
Article in witness thereof I have hereunto set my hand
and seal this 1st day of April 1862
Samuel L. Bryant Joseph Patrick {seal}
Christopher C. Bricker
We, Christopher C. Bricker and Samuel L. Bryant
being duly sworn in open Court this 28th day of April
A.D. 1862 depose and say that we were severally present
when Joseph Patrick acknowledged to either of us the execution
of the last will & testament of his hereto annexed that
we heard him publish and declare the same to be his
last will & testament and that the said testator at the time
of acknowledging the execution of 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
Christopher C. Bricker
Samuel L. Bryant
Sworn to and subscribed before me this 28th day of April
A.D. 1862
I. Ranney Pro. Judge
[corresponds to labeled page 84 of Will Records Vol. 4 - 1859-1869]
Last Will & Testament of Joseph Patrick decd.
Codicil - I hereby empower Oliver Stark to complete the
contract with Peter Rosecrans and make to him a
good and sufficient deed for the farm he purchased of
me and holds by Article of Agreement upon said
Peter Rosecrans complying with the terms of said
Article in witness thereof I have hereunto set my hand
and seal this 1st day of April 1862
Samuel L. Bryant Joseph Patrick {seal}
Christopher C. Bricker
We, Christopher C. Bricker and Samuel L. Bryant
being duly sworn in open Court this 28th day of April
A.D. 1862 depose and say that we were severally present
when Joseph Patrick acknowledged to either of us the execution
of the last will & testament of his hereto annexed that
we heard him publish and declare the same to be his
last will & testament and that the said testator at the time
of acknowledging the execution of 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
Christopher C. Bricker
Samuel L. Bryant
Sworn to and subscribed before me this 28th day of April
A.D. 1862
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 115)
Description
[page 115]
[corresponds to labeled page 85 of Will Records Vol. 4 - 1859-1869]
Last Will etc. of John N. Cox decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the County Delaware and State of Ohio
at his office in the town of Delaware on the 22d day
of May 1862.
This day the Last Will & Testament of John N. Cox late
of Delaware County & State of Ohio was produced in open
Court and duly proven by the testimony of Elias
George & Silas Haman the subscribing witnesses thereto
(as reduced to writing & 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
N. Cox of Delaware County & State of Ohio do make &
publish this my last will & testament
Item 1st - I give the farm on which I live to
Elisha Cox my son with all appurtenances to it
belonging. This would include the farm and building
only.
After paying all my honest & just debts
Item 2d - I bequeath to my beloved wife and to my
son Cary Cox my son after her decease all the mortgages
against Henry Lamb and all my railroad Stock
Item 3d - I give and bequeath to the foreign
Missionary society of the Baptist Denomination two
hundred dollars this to be paid in four installments
Item 4th - I give and bequeath to Rebecca Cox
the land I bought of Elias George
Item 5th - I give and bequeath unto Joseph C.
Cox my son twelve hundred dollars this will be
included in the house & lot he bought of me in
the town of Delaware and I bind my exceutor to
make the said Joseph C. Cox a general warrantee deed
on the above named property when twelve hundred dollars
is paid by said Joseph C. Cox
Item 6th - I give and bequeath unto Thomas Cox
my son the four hundred dollars the notes I hold
against him to the amount of four hundred
dollars he is not to pay except the interest on said
notes for two years at six percent
Item 7th - I give and bequeath unto Henry Cox my
son thirty acres of land which I bought of Terai Lee
Item 8th - I give and bequeath my share of the
Battleflat farm in England to all my heirs jointly
Item 9th - I further give and bequeath unto my
beloved wife the house & lot in the town of Delhi
while she lives and after her death to be divided
[corresponds to labeled page 85 of Will Records Vol. 4 - 1859-1869]
Last Will etc. of John N. Cox decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the County Delaware and State of Ohio
at his office in the town of Delaware on the 22d day
of May 1862.
This day the Last Will & Testament of John N. Cox late
of Delaware County & State of Ohio was produced in open
Court and duly proven by the testimony of Elias
George & Silas Haman the subscribing witnesses thereto
(as reduced to writing & 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
N. Cox of Delaware County & State of Ohio do make &
publish this my last will & testament
Item 1st - I give the farm on which I live to
Elisha Cox my son with all appurtenances to it
belonging. This would include the farm and building
only.
After paying all my honest & just debts
Item 2d - I bequeath to my beloved wife and to my
son Cary Cox my son after her decease all the mortgages
against Henry Lamb and all my railroad Stock
Item 3d - I give and bequeath to the foreign
Missionary society of the Baptist Denomination two
hundred dollars this to be paid in four installments
Item 4th - I give and bequeath to Rebecca Cox
the land I bought of Elias George
Item 5th - I give and bequeath unto Joseph C.
Cox my son twelve hundred dollars this will be
included in the house & lot he bought of me in
the town of Delaware and I bind my exceutor to
make the said Joseph C. Cox a general warrantee deed
on the above named property when twelve hundred dollars
is paid by said Joseph C. Cox
Item 6th - I give and bequeath unto Thomas Cox
my son the four hundred dollars the notes I hold
against him to the amount of four hundred
dollars he is not to pay except the interest on said
notes for two years at six percent
Item 7th - I give and bequeath unto Henry Cox my
son thirty acres of land which I bought of Terai Lee
Item 8th - I give and bequeath my share of the
Battleflat farm in England to all my heirs jointly
Item 9th - I further give and bequeath unto my
beloved wife the house & lot in the town of Delhi
while she lives and after her death to be divided
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 116)
Description
[page 116]
[corresponds to labeled page 86 of Will Records Vol. 4 - 1859-1869]
Last Will etc. of John N. Cox decd.
equally between all my heirs
Item 10th - I further give & bequeath to my son Elisha Cox all
the stock and farming utensils in the farm on which I
live
I appoint James Cox and Elisha Cox my Executors
Signed and acknowledged as )
his last will in our presence ) John N. Cox {seal}
Silas Harman )
Elias George )
The State of Ohio, Del. Co. Ss
M. Elias George & Silas Harman being duly sworn in open
Court this 22d day of May A.D. 1862 depose & say that
we were present at the execution of the last will & testament
of John N. Cox hereto annexed: that we saw the said testator
subscribe said will and heard him publish and declare
the same to be his last will & testament and that the
said testator at this 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
Elias George
Silas Harman
Sworn to and subscribed before me this 22d day of May
A.D. 1862.
I. Ranney Pro. Judge
[corresponds to labeled page 86 of Will Records Vol. 4 - 1859-1869]
Last Will etc. of John N. Cox decd.
equally between all my heirs
Item 10th - I further give & bequeath to my son Elisha Cox all
the stock and farming utensils in the farm on which I
live
I appoint James Cox and Elisha Cox my Executors
Signed and acknowledged as )
his last will in our presence ) John N. Cox {seal}
Silas Harman )
Elias George )
The State of Ohio, Del. Co. Ss
M. Elias George & Silas Harman being duly sworn in open
Court this 22d day of May A.D. 1862 depose & say that
we were present at the execution of the last will & testament
of John N. Cox hereto annexed: that we saw the said testator
subscribe said will and heard him publish and declare
the same to be his last will & testament and that the
said testator at this 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
Elias George
Silas Harman
Sworn to and subscribed before me this 22d day of May
A.D. 1862.
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 117)
Description
[page 117]
[corresponds to labeled page 87 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of Vinsen Sherman decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for this county of Delaware and State of Ohio
at his office in the town of Delaware on the 26th day
of May A.D. 1862.
This day the last will & testament of Vinsen Sherman
late of Delaware County & State of Ohio was produced
in open Court and duly proven by the testimony of
John Guy & L.S. Felkner the subscribing witnesses thereto
(as reduced to writing and filed with said will) admit-
ted to probate and ordered to be recorded as follows:
Copy of Will.
In the name of the Benevolent Father of all
I Finsen Sherman of the County of Delaware and
State of Ohio do make and Publish this my last
will & testament
Item 1st - I give & devise to my beloved wife the
entire control of all my real and personal property
so long as she remain my widow
Iten 2d - When my wife is done with the control of said
real & personal property either by death or marriage
then I want my son Vinsen N. Sherman to have
the one half of my real estate then and at the
same time the other remaining one half of my real
estate to be divided equally between my two sons
Jesse S. Sherman & Perry J. Sherman.
Item 3d - The Horse, Saddle & Bridle and Cow
that my son Vinsen N. Sherman now owns to be
and remain his
Item 4th - At the death or marriage of my
wife the personal property that there is under her
control I want divided between my Daughters equally
that may then be living or their heirs in
testimony whereof I have hereunto set my hand
and seal this 25th day of February 1863.
Signed and acknowledged ) Vinson Sherman {seal}
by said Vinson Sherman )
as his last will & testament )
in our presence and signed )
by us in his presence )
L.S. Felkner )
John Grey )
[corresponds to labeled page 87 of Will Records Vol. 4 - 1859-1869]
Last Will & testament of Vinsen Sherman decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for this county of Delaware and State of Ohio
at his office in the town of Delaware on the 26th day
of May A.D. 1862.
This day the last will & testament of Vinsen Sherman
late of Delaware County & State of Ohio was produced
in open Court and duly proven by the testimony of
John Guy & L.S. Felkner the subscribing witnesses thereto
(as reduced to writing and filed with said will) admit-
ted to probate and ordered to be recorded as follows:
Copy of Will.
In the name of the Benevolent Father of all
I Finsen Sherman of the County of Delaware and
State of Ohio do make and Publish this my last
will & testament
Item 1st - I give & devise to my beloved wife the
entire control of all my real and personal property
so long as she remain my widow
Iten 2d - When my wife is done with the control of said
real & personal property either by death or marriage
then I want my son Vinsen N. Sherman to have
the one half of my real estate then and at the
same time the other remaining one half of my real
estate to be divided equally between my two sons
Jesse S. Sherman & Perry J. Sherman.
Item 3d - The Horse, Saddle & Bridle and Cow
that my son Vinsen N. Sherman now owns to be
and remain his
Item 4th - At the death or marriage of my
wife the personal property that there is under her
control I want divided between my Daughters equally
that may then be living or their heirs in
testimony whereof I have hereunto set my hand
and seal this 25th day of February 1863.
Signed and acknowledged ) Vinson Sherman {seal}
by said Vinson Sherman )
as his last will & testament )
in our presence and signed )
by us in his presence )
L.S. Felkner )
John Grey )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 118)
Description
[page 118]
[corresponds to labeled page 88 of Will Records Vol. 4 - 1859-1869]
Last Will &c of Vinsen Sherman Decd -
The State of Ohio Del. Co Ss
M. John Grey and L.S. Felkner being duly sworn in open
Court this 26th day of May A.D. 1862 depose and say
that we were present at the execution of the last will
and testament of Vinsen Sherman 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 Grey
L.S. Felkner
Sworn to & subscribed before me this 26th day of May
A.D. 1862
I. Ranney Pro. Judge
Last Will etc of Joseph G. Brown decd --
Proceedings had before Hon. I. Ranney Probate Judge within
& for the county of Delaware & State of Ohio, at his office in
the town of Delaware on the 5th day of March A.D. 1862
This day the last will & testament of Joseph G. Brown
late of Delaware County & State of Ohio was produced in
open Court and duly proven by the testimony of Abraham
Lloyd & George Wolfley 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, Joseph G. Brown of Radnor township Delaware County, 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.
Second - I give, devise, and bequeath to my beloved wife
Ann Brown all my property Personal & real to do as
she pleases with and to sell the same if she wishes
for her maintenance during her life time and after her
death if there be any property of any kind left after
paying her debts it shall be equally divided between
my two Great Grandchildren Frank and Annie Cox
that is the children of Elisha Cox by my Grand
[corresponds to labeled page 88 of Will Records Vol. 4 - 1859-1869]
Last Will &c of Vinsen Sherman Decd -
The State of Ohio Del. Co Ss
M. John Grey and L.S. Felkner being duly sworn in open
Court this 26th day of May A.D. 1862 depose and say
that we were present at the execution of the last will
and testament of Vinsen Sherman 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 Grey
L.S. Felkner
Sworn to & subscribed before me this 26th day of May
A.D. 1862
I. Ranney Pro. Judge
Last Will etc of Joseph G. Brown decd --
Proceedings had before Hon. I. Ranney Probate Judge within
& for the county of Delaware & State of Ohio, at his office in
the town of Delaware on the 5th day of March A.D. 1862
This day the last will & testament of Joseph G. Brown
late of Delaware County & State of Ohio was produced in
open Court and duly proven by the testimony of Abraham
Lloyd & George Wolfley 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, Joseph G. Brown of Radnor township Delaware County, 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.
Second - I give, devise, and bequeath to my beloved wife
Ann Brown all my property Personal & real to do as
she pleases with and to sell the same if she wishes
for her maintenance during her life time and after her
death if there be any property of any kind left after
paying her debts it shall be equally divided between
my two Great Grandchildren Frank and Annie Cox
that is the children of Elisha Cox by my Grand
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 119)
Description
[page 119]
[corresponds to labeled page 89 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Joseph G. Brown decd
Daughter Julia A. Cox
And Lastly I hereby constitute and appoint Philip
A. Brown 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, that said P.H. Brown shall take
care of her and provide for her while she lives and
also to han the management of her property
In testimony whereof I have hereunto set my hand
and seal the 27th day of December A.D. 1861
Signed, published & ) his
declared by the above ) Joseph G x Brown
named Joseph C. ) mark
Brown as and for his )
Last will & testament )
in presence of us who at)
his request has signed )
as withness to the same )
A. Lloyd )
George Wolfley )
The State of Ohio Del Co.Ss
We Abraham Lloyd being duly sworn in open Court
this 5th Day of March 1862 depose and say that we were
present at the execution of the last will & testament
of Joseph G. Brown hereto annexed; that we saw the
said testator subscribe said will and heard him publish
and declare that 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
Sworn to and subscribed before ) Abraham Lloyd
me this 5th day of March 1862 )
I. Ranney P.J. The State of Ohio Del Co Ss
I, George Wolfley being duly sworn in open Court this 5th
day of June 1862 depose & say that I was present at the exe-
cution of the paper purporting to be the last will and testament of
Joseph G. Brown hereto annexed that I saw the said testator subscribe said
writing and that the said testator at the time of executing the same
was of full age and of sound mind & memory & not under any
restraint and that I signed the same as witness in his presence
and both witnesses signed in the presence of each other & I am well sat-
isfied the testator signed the same understandingly as his last
will and desired me to witness the same George Wolfley
Sworn to & subscribed before me this 5th day of June 1862 I. Ranney P.J.
[corresponds to labeled page 89 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Joseph G. Brown decd
Daughter Julia A. Cox
And Lastly I hereby constitute and appoint Philip
A. Brown 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, that said P.H. Brown shall take
care of her and provide for her while she lives and
also to han the management of her property
In testimony whereof I have hereunto set my hand
and seal the 27th day of December A.D. 1861
Signed, published & ) his
declared by the above ) Joseph G x Brown
named Joseph C. ) mark
Brown as and for his )
Last will & testament )
in presence of us who at)
his request has signed )
as withness to the same )
A. Lloyd )
George Wolfley )
The State of Ohio Del Co.Ss
We Abraham Lloyd being duly sworn in open Court
this 5th Day of March 1862 depose and say that we were
present at the execution of the last will & testament
of Joseph G. Brown hereto annexed; that we saw the
said testator subscribe said will and heard him publish
and declare that 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
Sworn to and subscribed before ) Abraham Lloyd
me this 5th day of March 1862 )
I. Ranney P.J. The State of Ohio Del Co Ss
I, George Wolfley being duly sworn in open Court this 5th
day of June 1862 depose & say that I was present at the exe-
cution of the paper purporting to be the last will and testament of
Joseph G. Brown hereto annexed that I saw the said testator subscribe said
writing and that the said testator at the time of executing the same
was of full age and of sound mind & memory & not under any
restraint and that I signed the same as witness in his presence
and both witnesses signed in the presence of each other & I am well sat-
isfied the testator signed the same understandingly as his last
will and desired me to witness the same George Wolfley
Sworn to & subscribed before me this 5th day of June 1862 I. Ranney P.J.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 120)
Description
[page 120]
[corresponds to labeled page 90 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Asher A Davis decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the county of Delaware & State of Ohio at his
office in the town of Delaware on the 5th day of July
A.D. 1862
This day the last Will & testament of Asher A. Davis
late of Delaware County & State of Ohio was produced in
open court and duly proven by the testimony of Thomas
K. Willcox and J.M. Stark the subscribing witnesses there to (as
reduced to writing & filed with said will) admitted to
Probate and ordered to be recorded as follows:
Copy of Will
I, Asher A. Davis believing it is the will of God that
I should soon depart this life do leave this as my last
will & testament
First - I will to my two oldest daughters Sarah & Ellen
the books about three hundred volumes which I have
already placed in their possession.
Second - I will the balance of my library about three
hundred volumes to my four little ones the children
of my present wife
Third - After paying my debts and funeral expenses I
will to my wife Adeline all of my other personal property
except my gold spectacles these I will to Sarah
Fourth - I will to my wife my home & lot No. 25 in
Sunbury. And it is my earnest desire that if she should
sell the property she should use the avails to purchase
land and that the deed of such land should be
given to her children I trust she will see the propriety
of this request
Fifth - I wish my body to be buried on the north
side of the Sunbury Graveyard as near as convenient
to some of the large trees that are on that side
with a plain forestim slab of sufficient dimensions
to cover the grave to be placed over it with out any
inscription or other monument except some should be for
a shade and a lodge for the birds
Sixth - It is my earnest desire that my daughter Sarah
should exercise a joint Guardianship with their mother
over her four children during their minority I believe
this will to be for the interest of my wife & her children
Finally I will my soul to God in whom I trust
In presence of Asher A. Davis
Thomas K. Willcox
J.M. Stark
[corresponds to labeled page 90 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Asher A Davis decd
Proceedings had before Hon. I. Ranney Probate Judge
within & for the county of Delaware & State of Ohio at his
office in the town of Delaware on the 5th day of July
A.D. 1862
This day the last Will & testament of Asher A. Davis
late of Delaware County & State of Ohio was produced in
open court and duly proven by the testimony of Thomas
K. Willcox and J.M. Stark the subscribing witnesses there to (as
reduced to writing & filed with said will) admitted to
Probate and ordered to be recorded as follows:
Copy of Will
I, Asher A. Davis believing it is the will of God that
I should soon depart this life do leave this as my last
will & testament
First - I will to my two oldest daughters Sarah & Ellen
the books about three hundred volumes which I have
already placed in their possession.
Second - I will the balance of my library about three
hundred volumes to my four little ones the children
of my present wife
Third - After paying my debts and funeral expenses I
will to my wife Adeline all of my other personal property
except my gold spectacles these I will to Sarah
Fourth - I will to my wife my home & lot No. 25 in
Sunbury. And it is my earnest desire that if she should
sell the property she should use the avails to purchase
land and that the deed of such land should be
given to her children I trust she will see the propriety
of this request
Fifth - I wish my body to be buried on the north
side of the Sunbury Graveyard as near as convenient
to some of the large trees that are on that side
with a plain forestim slab of sufficient dimensions
to cover the grave to be placed over it with out any
inscription or other monument except some should be for
a shade and a lodge for the birds
Sixth - It is my earnest desire that my daughter Sarah
should exercise a joint Guardianship with their mother
over her four children during their minority I believe
this will to be for the interest of my wife & her children
Finally I will my soul to God in whom I trust
In presence of Asher A. Davis
Thomas K. Willcox
J.M. Stark
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 121)
Description
[page 121]
[corresponds to labeled page 91 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Asher A. Davis decd
The State of Ohio Del. Co. Ss.
We Thomas K. Willcox and J.M. Stark being duly sworn
in open court this 5th day of July A.D. 1862 depose
and say that we were present at the execution of this
last will and testament of Asher A. Davis hereto
annexed that we saw said testator subscribe said
will and heard him publish and declare the same
to be his last will & testament and that the said
testator at the time of executing the same was of
full age 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.
Thomas K. Willcox
Sworn to and subscribed ) J.M. Stark
before me this 5th day of )
July A.D. 1862 )
I. Ranney Pro. Judge
Last Will etc of Prudence Blinn decd
Proceedings held before Hon. R Ranney Probate Judge
within & for the County of Delaware & State of Ohio
at his office in the town of Delaware on the 19th day
of July A.D. 1862
This day the Last will & testament of Prudence
Blinn late of Delaware County and State of Ohio
was produced in open Court and duly proven by the
testimony of L. Tibbals & Wm J. Tibbals the subscribing
witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and ordered to be recorded
as follows
The State of Ohio
To John Cassaday & Reuben Mickel
of the County of Pomeshick State of Iowa
Greeting:
Know ye that we in confidence of your prudence &
fidelity have appointed you and by these presents do
give you or either of you full power and authority
to examine and take the deposition of Lincoln
Tibbals one of the subscribing witnesses to the will
of Mrs Prudence Blinn hereto annexed late of
Delaware County Ohio deceased. And therefore we
command you or either of you that at a certain
time and place to be appointed by you or either
of you you cause the said Lincoln Tibbals to
[corresponds to labeled page 91 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Asher A. Davis decd
The State of Ohio Del. Co. Ss.
We Thomas K. Willcox and J.M. Stark being duly sworn
in open court this 5th day of July A.D. 1862 depose
and say that we were present at the execution of this
last will and testament of Asher A. Davis hereto
annexed that we saw said testator subscribe said
will and heard him publish and declare the same
to be his last will & testament and that the said
testator at the time of executing the same was of
full age 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.
Thomas K. Willcox
Sworn to and subscribed ) J.M. Stark
before me this 5th day of )
July A.D. 1862 )
I. Ranney Pro. Judge
Last Will etc of Prudence Blinn decd
Proceedings held before Hon. R Ranney Probate Judge
within & for the County of Delaware & State of Ohio
at his office in the town of Delaware on the 19th day
of July A.D. 1862
This day the Last will & testament of Prudence
Blinn late of Delaware County and State of Ohio
was produced in open Court and duly proven by the
testimony of L. Tibbals & Wm J. Tibbals the subscribing
witnesses thereto (as reduced to writing and filed with
said will) admitted to Probate and ordered to be recorded
as follows
The State of Ohio
To John Cassaday & Reuben Mickel
of the County of Pomeshick State of Iowa
Greeting:
Know ye that we in confidence of your prudence &
fidelity have appointed you and by these presents do
give you or either of you full power and authority
to examine and take the deposition of Lincoln
Tibbals one of the subscribing witnesses to the will
of Mrs Prudence Blinn hereto annexed late of
Delaware County Ohio deceased. And therefore we
command you or either of you that at a certain
time and place to be appointed by you or either
of you you cause the said Lincoln Tibbals to
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 122)
Description
[page 122]
[corresponds to labeled page 92 of Will Records Vol. 4 - 1859-1869]
92. Last Will etc of Prudence Blinn decd
be brought before you or either of you and then and
there examine him on his corporal oath or affirmations
First taken before you or either of you touching the due
execution of the said will of the said prudence Blinn
and that you reduce to writing such examination
and return the same together with the will and
the said will of the said Prudence Blinn thereto
annexed closed up under your seals or the
seal of either of you unto our Court of Probate
with all convenient speed
Witness the seal of said Court & my
signature as Judge thereof at Delaware Ohio this
12th day of June A.D. 1862
I. Ranney Pro. Judge
Deposition of a witness produced and sworn on this 28th
day of June A.D. 1862 at the office of Reuben Mickel
in the town of Montezuma In the county of Pomeshick &
State of Iowa under & by witness of a commission issued
from the Probate Court of Delaware County, State of
Ohio and to us directed for the Examination of Lincoln
Tibbals as a witness in a certain matter pending in
said Probate Court touching the Probate and due
Execution of the Will of Prudence Blinn attached is
said Commission
The state of Iowa )
Pomeshick County SS )
I, Lincoln Tibbals of the County
of Pomeshick in the State of Iowa being sworn by
& before John Cassaday and Reuben Mickel
Commissioners duly appointed by the Probate Court
of Delaware County Ohio as aforesaid This 15th day
of June A.D. 1862 do depose and say that I was present at
the Execution of the last Will & Testament of Prudence
Blinn which said Will is attached to the commission
of the Probate Court of Delaware County Ohio in the
matter which commission and will is attached to the
paper upon which this deposition is written and upon
the book of which will the following words are indexed
"Filed June 11th 1862" & signed "I. Ranny Pro. J."
That I saw the said testatrix Prudence Blinn subscribe
said Will and heard her publish and declare the same to
be her last will & testament and that the said testatrix
Prudence Blinn at the time of executing the same was
of full age and of sound mind & memory and not under
any restraint And that I signed the same as witness
[corresponds to labeled page 92 of Will Records Vol. 4 - 1859-1869]
92. Last Will etc of Prudence Blinn decd
be brought before you or either of you and then and
there examine him on his corporal oath or affirmations
First taken before you or either of you touching the due
execution of the said will of the said prudence Blinn
and that you reduce to writing such examination
and return the same together with the will and
the said will of the said Prudence Blinn thereto
annexed closed up under your seals or the
seal of either of you unto our Court of Probate
with all convenient speed
Witness the seal of said Court & my
signature as Judge thereof at Delaware Ohio this
12th day of June A.D. 1862
I. Ranney Pro. Judge
Deposition of a witness produced and sworn on this 28th
day of June A.D. 1862 at the office of Reuben Mickel
in the town of Montezuma In the county of Pomeshick &
State of Iowa under & by witness of a commission issued
from the Probate Court of Delaware County, State of
Ohio and to us directed for the Examination of Lincoln
Tibbals as a witness in a certain matter pending in
said Probate Court touching the Probate and due
Execution of the Will of Prudence Blinn attached is
said Commission
The state of Iowa )
Pomeshick County SS )
I, Lincoln Tibbals of the County
of Pomeshick in the State of Iowa being sworn by
& before John Cassaday and Reuben Mickel
Commissioners duly appointed by the Probate Court
of Delaware County Ohio as aforesaid This 15th day
of June A.D. 1862 do depose and say that I was present at
the Execution of the last Will & Testament of Prudence
Blinn which said Will is attached to the commission
of the Probate Court of Delaware County Ohio in the
matter which commission and will is attached to the
paper upon which this deposition is written and upon
the book of which will the following words are indexed
"Filed June 11th 1862" & signed "I. Ranny Pro. J."
That I saw the said testatrix Prudence Blinn subscribe
said Will and heard her publish and declare the same to
be her last will & testament and that the said testatrix
Prudence Blinn at the time of executing the same was
of full age and of sound mind & memory and not under
any restraint And that I signed the same as witness
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 123)
Description
[page 123]
[corresponds to labeled page 93 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Prudence Blinn decd. 93
at her request and in her presence and in the
presence of William J. Tibbals whose name is also
subscribed to said Will as Witness
And I do further depose and say that the said
William J. Tibbals whose name is subscribed as
witness to said will signed the same as witness
and in her presence and in my presence
That said Wm J. Tibbals was my father that
I am well acquainted with his handwriting
and his signature and that his signature to
said will is genuine And that he is now
deceased having departed this life about the 29th
day of June A.D. 1859
The State of Iowa ) Lincoln Tibbals
Pomeshick County S. )
We John Cassaday & Reuben
Mickel Commissionare duly appoint by the Probate
Court of Delaware County State of Ohio are here in
before stated under and by virtue of the Commission
of said court which Commission is hereto attached
do hereby certify that the above named Lincoln Tibbals
was produced before us this day (which day was by
us previously appointed for that purpose) and was
by said Reuben Mickel first duly sworn to testify
the truth the whole truth and nothing but
the truth in his Examination of the Will of Prudence
Blinn which is attached to the said Commission
That the foregoing depositions by him subscribed was
reduced to writing by said Reuben Mickel one of
said Commissioners and by said witness subscribed
in our presence and taken at the time and
place and in the manner herein before mentioned
In testimony whereof we have hereunto set our hands
and Seals as Commissioners as aforesaid this 25th day
of June A.D. 1862
John Cassaday [Seal]
Reuben Mickel [Seal]
[corresponds to labeled page 93 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Prudence Blinn decd. 93
at her request and in her presence and in the
presence of William J. Tibbals whose name is also
subscribed to said Will as Witness
And I do further depose and say that the said
William J. Tibbals whose name is subscribed as
witness to said will signed the same as witness
and in her presence and in my presence
That said Wm J. Tibbals was my father that
I am well acquainted with his handwriting
and his signature and that his signature to
said will is genuine And that he is now
deceased having departed this life about the 29th
day of June A.D. 1859
The State of Iowa ) Lincoln Tibbals
Pomeshick County S. )
We John Cassaday & Reuben
Mickel Commissionare duly appoint by the Probate
Court of Delaware County State of Ohio are here in
before stated under and by virtue of the Commission
of said court which Commission is hereto attached
do hereby certify that the above named Lincoln Tibbals
was produced before us this day (which day was by
us previously appointed for that purpose) and was
by said Reuben Mickel first duly sworn to testify
the truth the whole truth and nothing but
the truth in his Examination of the Will of Prudence
Blinn which is attached to the said Commission
That the foregoing depositions by him subscribed was
reduced to writing by said Reuben Mickel one of
said Commissioners and by said witness subscribed
in our presence and taken at the time and
place and in the manner herein before mentioned
In testimony whereof we have hereunto set our hands
and Seals as Commissioners as aforesaid this 25th day
of June A.D. 1862
John Cassaday [Seal]
Reuben Mickel [Seal]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 124)
Description
[page 124]
[corresponds to labeled page 94 of Will Records Vol. 4 - 1859-1869]
94 Last Will etc of Prudence Blinn decd
Probate Court Delaware Co. O.
Samuel W. Tibbals being duly sworn in open Court
says he is a son of Wm. J. Tibbals decd whose name
appears as subscribing witness to the foregoing will of
Prudence Blinn that he was well acquainted with
the handwriting of said Wm. J. Tibbals & has
frequently seen him write his name & that the
signature of said Wm. J. as subscribing witness to
said will is genuine & that said Wm. J. Tibbals
died in 1859
Samuel W. Tibbals
Sworn to & subscribed before me July 17th 1862
Copy of Will
Delaware Nov 11th 1857
By this last will & testament of mine I hereby bequeath
all the money and property to me belonging to Emily
Wm. Sophia Hony Pamela Tibbits and Sarah H
Davis to be equally divided between them And I hereby
appoint Wm Davis my administrator
Prudence Blinn
Signed in the presence of L. Tibbals, Witness
Mrs Prudence Blinn
and at her request by
Wm. J Tibbals, witness
[corresponds to labeled page 94 of Will Records Vol. 4 - 1859-1869]
94 Last Will etc of Prudence Blinn decd
Probate Court Delaware Co. O.
Samuel W. Tibbals being duly sworn in open Court
says he is a son of Wm. J. Tibbals decd whose name
appears as subscribing witness to the foregoing will of
Prudence Blinn that he was well acquainted with
the handwriting of said Wm. J. Tibbals & has
frequently seen him write his name & that the
signature of said Wm. J. as subscribing witness to
said will is genuine & that said Wm. J. Tibbals
died in 1859
Samuel W. Tibbals
Sworn to & subscribed before me July 17th 1862
Copy of Will
Delaware Nov 11th 1857
By this last will & testament of mine I hereby bequeath
all the money and property to me belonging to Emily
Wm. Sophia Hony Pamela Tibbits and Sarah H
Davis to be equally divided between them And I hereby
appoint Wm Davis my administrator
Prudence Blinn
Signed in the presence of L. Tibbals, Witness
Mrs Prudence Blinn
and at her request by
Wm. J Tibbals, witness
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 125)
Description
[page 125]
[corresponds to labeled page 95 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 95
Proceedings held before Hon. I. Ranney Probate
Judge within and for the County of Delaware
and State of Ohio at his offices in the
town of Delaware on the 21st day of August
A.D.1862
The Commissioner hereafter issued with the
will of said Harrison attached to take the
deposition of John Wilson one of the subscr-
-bing witnesses to said Will was this day
produced in open court & filed & it appearing
to the satisfaction of the court as well by
the said deposition of the said John Wilson
as also by the testimony of John W.
Thomson the other subscribing witness to
said will taken in open court reduced to
writing and filed with said will bring by
said witness first signed that said testator
at the time of executing said will as of full
age, of sound mind and memory & not under
any restraint & that said will was duly
attested & executed it is ordered that said will
and testimony be recorded
Copy of Will
In the name of God Amen
I Isaac Harrison of the township
of Berlin Del. Co . Ohio Being of sound
mind & memory and sensible of the uncert-
tainties of life do make and publish this my
last will & testament - To wit:
First - I give devise and bequeath to my
dear wife Comfort all the household
property and one horse and buggy &
harness. And all the horned cattle and hogs
& one half of the sheep that are left on the
place more or less except each things as
shall be hereafter named & directed other
Second - I give devise and bequeath to my
Grand-daughter Roxanne Harris two
hundred (200) dollars to be paid to her when
she arrives at Eighteen years of age - If
she should die before she arrives at the age
of eighteen years I then want it to be
divided among my children equally
and further I wish my Executors to pay my
Granddaughter Roxanne Harris the balance
[corresponds to labeled page 95 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 95
Proceedings held before Hon. I. Ranney Probate
Judge within and for the County of Delaware
and State of Ohio at his offices in the
town of Delaware on the 21st day of August
A.D.1862
The Commissioner hereafter issued with the
will of said Harrison attached to take the
deposition of John Wilson one of the subscr-
-bing witnesses to said Will was this day
produced in open court & filed & it appearing
to the satisfaction of the court as well by
the said deposition of the said John Wilson
as also by the testimony of John W.
Thomson the other subscribing witness to
said will taken in open court reduced to
writing and filed with said will bring by
said witness first signed that said testator
at the time of executing said will as of full
age, of sound mind and memory & not under
any restraint & that said will was duly
attested & executed it is ordered that said will
and testimony be recorded
Copy of Will
In the name of God Amen
I Isaac Harrison of the township
of Berlin Del. Co . Ohio Being of sound
mind & memory and sensible of the uncert-
tainties of life do make and publish this my
last will & testament - To wit:
First - I give devise and bequeath to my
dear wife Comfort all the household
property and one horse and buggy &
harness. And all the horned cattle and hogs
& one half of the sheep that are left on the
place more or less except each things as
shall be hereafter named & directed other
Second - I give devise and bequeath to my
Grand-daughter Roxanne Harris two
hundred (200) dollars to be paid to her when
she arrives at Eighteen years of age - If
she should die before she arrives at the age
of eighteen years I then want it to be
divided among my children equally
and further I wish my Executors to pay my
Granddaughter Roxanne Harris the balance
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 126)
Description
[page 126]
[corresponds to labeled page 96 of Will Records Vol. 4 - 1859-1869]
96 Last Will etc of Isaac Harrison decd
of the two hundred dollars from the time of my death
annually until she shall receive the principal
Third - I give and bequeath to my Grand-daughters
Margaret Jane McDaniel one dollar to be paid
immediately after my decease in Money
Fourth - I give and bequeath unto my Grand-
daughter Rachel Jane Besi (197) one hundred
ninety seven dollars with interest from the 1st
January 1852. To be paid out of James Harris
dividend It being the amount of money
has received as Guardian of the aforesaid
Rachel for which has not accounted
Fifth - I give devise and bequeath unto my wife
Comfort all the hay & grain on the place at
the time of my decease
Sixth - After all my honest debts & expenses
are paid from my monies & credits and respectable
Tomb items are placed on the grave of my wife
Hester and my own. I then give devise & bequeath
unto my four children - viz John Harrison Wm
Harrison Lucinda Harris and James Harrison
all the balances of my property both real
and personal to be equally divided among them with
the exception of my Bed and Bedding Dinner
Table and Farm Wagon which I wish William
Harrison to have & therefore give them to him
Lastly I hereby nominate & appoint Charles Stein
-beck and William C. Harrison of Delaware Co.
Ohio Executors of this my last will & testament
In witness whereof I have hereunto set my hand
and seal this fourth day of March in the year
of our Lord one thousand Eight-hundred & fifty
six
Signed Sealed Published & ) Isaac Harrison [Seal]
acknowledged by the said )
Isaac Harrison to be his )
last will & testament In )
our presence and signed by )
me in his presence )
John W. Thompson )
John Wilson )
[corresponds to labeled page 96 of Will Records Vol. 4 - 1859-1869]
96 Last Will etc of Isaac Harrison decd
of the two hundred dollars from the time of my death
annually until she shall receive the principal
Third - I give and bequeath to my Grand-daughters
Margaret Jane McDaniel one dollar to be paid
immediately after my decease in Money
Fourth - I give and bequeath unto my Grand-
daughter Rachel Jane Besi (197) one hundred
ninety seven dollars with interest from the 1st
January 1852. To be paid out of James Harris
dividend It being the amount of money
has received as Guardian of the aforesaid
Rachel for which has not accounted
Fifth - I give devise and bequeath unto my wife
Comfort all the hay & grain on the place at
the time of my decease
Sixth - After all my honest debts & expenses
are paid from my monies & credits and respectable
Tomb items are placed on the grave of my wife
Hester and my own. I then give devise & bequeath
unto my four children - viz John Harrison Wm
Harrison Lucinda Harris and James Harrison
all the balances of my property both real
and personal to be equally divided among them with
the exception of my Bed and Bedding Dinner
Table and Farm Wagon which I wish William
Harrison to have & therefore give them to him
Lastly I hereby nominate & appoint Charles Stein
-beck and William C. Harrison of Delaware Co.
Ohio Executors of this my last will & testament
In witness whereof I have hereunto set my hand
and seal this fourth day of March in the year
of our Lord one thousand Eight-hundred & fifty
six
Signed Sealed Published & ) Isaac Harrison [Seal]
acknowledged by the said )
Isaac Harrison to be his )
last will & testament In )
our presence and signed by )
me in his presence )
John W. Thompson )
John Wilson )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 127)
Description
[page 127]
[corresponds to labeled page 97 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 97
I John W. Thomson being duly sworn in open court
this 1st day of August A.D. 1862 depose and
say that I was present at the execution of the
last will & testament of Isaac Harrison 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 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 pres-
-ence and in the presence of John Wilson
the other subscribing witness who signed the
same in my presence & at the request &
in the presence of said testator
John W. Thompson
Sworn to and subscribed before me this 1st
day of August A.D. 1862
I. Ranney Pro. Judge
The State of Ohio
To John J. Monell Esq Greeting
Know ye that we in confidence of your pru
dence and fidelity have appointed you & by
these presents do give you full power and
authority to examine and take the deposition
of John Wilson one of the subscribing witnesses
to the will of Isaac Harrison hereunto annexed
late of Berlin Tp Delaware County Ohio
And therefore we command you shall at
certain days and places to be appointed by
you, you cause the said John Wilson 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 Isaac Harrison
& that you reduce such examination to
writing and return the same together with
this will & the said will of the said Isaac
Harrison thereto annexed closed up under
your seal into our Court of Probate at Del.
Del. Co. Ohio with all convenient speed
Witness I. Ranney Judge and
the seal of said Court at
Delaware O. Ohio 1st day of
Aug. 1862 I. Ranney
Pro. Judge of Del. Co.
[corresponds to labeled page 97 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 97
I John W. Thomson being duly sworn in open court
this 1st day of August A.D. 1862 depose and
say that I was present at the execution of the
last will & testament of Isaac Harrison 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 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 pres-
-ence and in the presence of John Wilson
the other subscribing witness who signed the
same in my presence & at the request &
in the presence of said testator
John W. Thompson
Sworn to and subscribed before me this 1st
day of August A.D. 1862
I. Ranney Pro. Judge
The State of Ohio
To John J. Monell Esq Greeting
Know ye that we in confidence of your pru
dence and fidelity have appointed you & by
these presents do give you full power and
authority to examine and take the deposition
of John Wilson one of the subscribing witnesses
to the will of Isaac Harrison hereunto annexed
late of Berlin Tp Delaware County Ohio
And therefore we command you shall at
certain days and places to be appointed by
you, you cause the said John Wilson 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 Isaac Harrison
& that you reduce such examination to
writing and return the same together with
this will & the said will of the said Isaac
Harrison thereto annexed closed up under
your seal into our Court of Probate at Del.
Del. Co. Ohio with all convenient speed
Witness I. Ranney Judge and
the seal of said Court at
Delaware O. Ohio 1st day of
Aug. 1862 I. Ranney
Pro. Judge of Del. Co.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 128)
Description
[page 128]
[corresponds to labeled page 98 of Will Records Vol. 4 - 1859-1869]
98 Last Will etc of Isaac Harrison decd
State of New York
Orange County S.S. - John Wilson of Newburg
in said County of Orange being duly sworn before
me this 18th day of August - 1861 doth depose &
say that he was present at this execution of the
last will & testament of Isaac Harrison hereto
annexed that he 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 sound mind &
memory and not under any restraint and that
he this deponent signed the same as witness at his
request and in his presence and in the presence
of John W. Thomson the other subscribing witness
who signed the same in the presence of this de
ponent at the request and in the presence of said
testator
Sworn to and subscribed before me this 18th day
of August 1862
John J. Monell
Judge of Orange County
State of New York
State of New York
Orange County S.S.
In pursuance and by witness of the
annexed commission issued out of the Probate Court
in and for the County of Delaware State of Ohio
directed to me by which full power and authority
are given to me to examine and take the deposition
of John Wilson one of the subscribing witnesses to the
last will of Isaac Harrison late of Berlin Township
Delware Co. Ohio. hereto annexed. I John J. Monell
County Judge of Orange County in the State of New
York Do hereby certify that I did on the 18th day of August
1862 cause the said John Wilson to be brought before
me at my office in the village of Newburgh in
said County of Orange State of New York and
did then & there examine him in his oath first
taken before we touching the due execution of the same
will of the said Isaac Harrisions that I also caused
that said examination to be reduced to writing and
that the same is hearto annexed signed by him
and sworn to before me
In witness whereof I have hereunto set my hand
and caused that seal of said Court to be applied
[corresponds to labeled page 98 of Will Records Vol. 4 - 1859-1869]
98 Last Will etc of Isaac Harrison decd
State of New York
Orange County S.S. - John Wilson of Newburg
in said County of Orange being duly sworn before
me this 18th day of August - 1861 doth depose &
say that he was present at this execution of the
last will & testament of Isaac Harrison hereto
annexed that he 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 sound mind &
memory and not under any restraint and that
he this deponent signed the same as witness at his
request and in his presence and in the presence
of John W. Thomson the other subscribing witness
who signed the same in the presence of this de
ponent at the request and in the presence of said
testator
Sworn to and subscribed before me this 18th day
of August 1862
John J. Monell
Judge of Orange County
State of New York
State of New York
Orange County S.S.
In pursuance and by witness of the
annexed commission issued out of the Probate Court
in and for the County of Delaware State of Ohio
directed to me by which full power and authority
are given to me to examine and take the deposition
of John Wilson one of the subscribing witnesses to the
last will of Isaac Harrison late of Berlin Township
Delware Co. Ohio. hereto annexed. I John J. Monell
County Judge of Orange County in the State of New
York Do hereby certify that I did on the 18th day of August
1862 cause the said John Wilson to be brought before
me at my office in the village of Newburgh in
said County of Orange State of New York and
did then & there examine him in his oath first
taken before we touching the due execution of the same
will of the said Isaac Harrisions that I also caused
that said examination to be reduced to writing and
that the same is hearto annexed signed by him
and sworn to before me
In witness whereof I have hereunto set my hand
and caused that seal of said Court to be applied
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 129)
Description
[page 129]
[corresponds to labeled page 99 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 99
by the Clerk of the County of
Orange this 18th day of Aug.
A.D.1862
John Monell
County Judge of Orange Co.
State of New York
State of New York }
Orange Co. Clerks office } Ss.
I D.C. Winfield Clerk of
Orange County and also Clerk of the county
Court of said County and one of the clerks
of the Supreme Court of said state (courts of
Record) do hereby certify that John J. Monell
whose name is subscribed to the certificate of
the proof of acknowledgement of the annexed
instrument and thence written was at the
time of taking such certificate of proof or
acknowledgement- County Judge in & for said
County dwelling in said County commissioned
and know and duly authorize to take this
same and further that I am well acquainted
with the hand writing of it the said John
J. Monell and mainly believes that the signatures
to the said, certificate of proof or acknowledge -
-ment is genuine and that the annexed in-
-strument is executed and acknowledged in
comformity to the laws of each said state
In testimony whereof I have
hereunto subscribed my name and af-
fixed the seal of the said courts and
county at Goshen this 18th day of August
1862
Interlineation & Erasures Minde
before signing
D.C.Winfield - clerk
[corresponds to labeled page 99 of Will Records Vol. 4 - 1859-1869]
Last Will etc of Isaac Harrison decd 99
by the Clerk of the County of
Orange this 18th day of Aug.
A.D.1862
John Monell
County Judge of Orange Co.
State of New York
State of New York }
Orange Co. Clerks office } Ss.
I D.C. Winfield Clerk of
Orange County and also Clerk of the county
Court of said County and one of the clerks
of the Supreme Court of said state (courts of
Record) do hereby certify that John J. Monell
whose name is subscribed to the certificate of
the proof of acknowledgement of the annexed
instrument and thence written was at the
time of taking such certificate of proof or
acknowledgement- County Judge in & for said
County dwelling in said County commissioned
and know and duly authorize to take this
same and further that I am well acquainted
with the hand writing of it the said John
J. Monell and mainly believes that the signatures
to the said, certificate of proof or acknowledge -
-ment is genuine and that the annexed in-
-strument is executed and acknowledged in
comformity to the laws of each said state
In testimony whereof I have
hereunto subscribed my name and af-
fixed the seal of the said courts and
county at Goshen this 18th day of August
1862
Interlineation & Erasures Minde
before signing
D.C.Winfield - clerk
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 130)
Description
[page 130]
[corresponds to labeled page 100 of Will Records Vol. 4 - 1859-1869]
100 Last Will etc of Elizabeth McCoy decd
Proceedings held before Hon. 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
Sept. A.D. 1862
This day the last will & Testament of Elizabeth McCoy
decd late of Delaware co. & state of Ohio was produced in
open courth and duly proven by the testimony of him
Tomy & Martha Tomy the subscribing witnesses thenunto
(as reduced to writing & filed with said will) admitted to
Probate & ordered to be recorded as follows"
Copy of Will
In the name of the Benevolent Father of All.
I Elizabeth McCoy of the town of Delaware
in the state of Ohio do make & publish this my last
will & testament
I give & devise to my son James McCoy the
two thirds of about two & one third acres of land being
a part of out lot No.16 in the incorporated town of
Delaware (and in the south part known as South
Delaware) And bounded and described as Fourth
- North by Lorenzo Farmers Lot East by the land
of Reuben Lamb decd - South by Charles Heller
Bran & on the West by landmarker thirty
I give and devise to my daughter Elisabeth D.
McCoy the remaining third of the lot afore-
said to be divided in such a manner so as
to give to the said James the two thirds of the
farm & to the said Elizabeth the remining third
of the farm - But if the said Elizabeth should
decease without issue her said third is to send
Thos. W. & William McCoy each a copy of
the holy Bible worth three dollars and also to
the heirs of my deceased daughter Ruth each
a copy of the Holy Bible worth two dollars - I
do hereby revoke all former wills that I have made
I do hereby nominate & appoint James
T. W. Mccoy Executor of this my last Will
& Testament I do authorize and empower them
to convey in fee simple the aforesaid lands
In Testimony whereof I have hereunto set my
hand and seal this 31st day of March in
the year A.D. 1855
Elizabeth McCoy [Seal]
Signed and acknowledged by said Elizabeth
[corresponds to labeled page 100 of Will Records Vol. 4 - 1859-1869]
100 Last Will etc of Elizabeth McCoy decd
Proceedings held before Hon. 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
Sept. A.D. 1862
This day the last will & Testament of Elizabeth McCoy
decd late of Delaware co. & state of Ohio was produced in
open courth and duly proven by the testimony of him
Tomy & Martha Tomy the subscribing witnesses thenunto
(as reduced to writing & filed with said will) admitted to
Probate & ordered to be recorded as follows"
Copy of Will
In the name of the Benevolent Father of All.
I Elizabeth McCoy of the town of Delaware
in the state of Ohio do make & publish this my last
will & testament
I give & devise to my son James McCoy the
two thirds of about two & one third acres of land being
a part of out lot No.16 in the incorporated town of
Delaware (and in the south part known as South
Delaware) And bounded and described as Fourth
- North by Lorenzo Farmers Lot East by the land
of Reuben Lamb decd - South by Charles Heller
Bran & on the West by landmarker thirty
I give and devise to my daughter Elisabeth D.
McCoy the remaining third of the lot afore-
said to be divided in such a manner so as
to give to the said James the two thirds of the
farm & to the said Elizabeth the remining third
of the farm - But if the said Elizabeth should
decease without issue her said third is to send
Thos. W. & William McCoy each a copy of
the holy Bible worth three dollars and also to
the heirs of my deceased daughter Ruth each
a copy of the Holy Bible worth two dollars - I
do hereby revoke all former wills that I have made
I do hereby nominate & appoint James
T. W. Mccoy Executor of this my last Will
& Testament I do authorize and empower them
to convey in fee simple the aforesaid lands
In Testimony whereof I have hereunto set my
hand and seal this 31st day of March in
the year A.D. 1855
Elizabeth McCoy [Seal]
Signed and acknowledged by said Elizabeth
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 131)
Description
[page 131]
[corresponds to labeled page 101 of Will Records Vol. 4 - 1859-1869]
McCoy as her last will and testament 101
in our presence - and signed by us in
his presence
Wm Tomy
Martha Tomy
The State of Ohio Del. Co. Ss
We Wm Tomy and Martha Tomy being
duly sworn in open court this 27th day of
Sept. A.D. 1862 depose and say that we were
present at the execution of the last will
and testament of Elizabeth McCoy hereto
annexed: that we saw the said testator sub-
scribe said will and heard her publish
and declare the same to be her last will
& testament and that the said testatrix
at the time of executing the same was of
full age and of sound mind 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
WM Tomy
Martha Tomy
Sworn to & subscribed before me this 27th
day of Sept. A.D. 1864
I. Ranney Pro. Judge
[corresponds to labeled page 101 of Will Records Vol. 4 - 1859-1869]
McCoy as her last will and testament 101
in our presence - and signed by us in
his presence
Wm Tomy
Martha Tomy
The State of Ohio Del. Co. Ss
We Wm Tomy and Martha Tomy being
duly sworn in open court this 27th day of
Sept. A.D. 1862 depose and say that we were
present at the execution of the last will
and testament of Elizabeth McCoy hereto
annexed: that we saw the said testator sub-
scribe said will and heard her publish
and declare the same to be her last will
& testament and that the said testatrix
at the time of executing the same was of
full age and of sound mind 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
WM Tomy
Martha Tomy
Sworn to & subscribed before me this 27th
day of Sept. A.D. 1864
I. Ranney Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 132)
Description
[page 132]
[corresponds to labeled page 102 of Will Records Vol. 4 - 1859-1869]
102
Commencement of the Record by
Thomas W. Powell Probate Judge
November 3rd, 1862
[corresponds to labeled page 102 of Will Records Vol. 4 - 1859-1869]
102
Commencement of the Record by
Thomas W. Powell Probate Judge
November 3rd, 1862
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 133)
Description
[page 133]
[corresponds to labeled page 103 of Will Records Vol. 4 - 1859-1869]
Record of the will of Edward J.C. Selleck decd 103
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio at his
office in the town of Delaware on the eighth day of December
A.D. 1862
This day the last will and testament of Edward J.C. Selleck, late
of this county decd, was produced in open court, and was duly proven
by the testimony of Ezra Griswold and Mahala Griswold, the subscribing
witnesses thereto, (which was reduced to writing and filed with the same)
was admitted to probate and ordered to be recorded, which is
as follows:
Copy of the will
Know all men by there presents that I Edward J.C. Selleck of
Delaware Township and County, Ohio; do hereby, constitute and appoint
Edward Selleck of the same County and State, my attorney, for me and in my
name, to bargain sell and convey, in fee simple, by deed of general warrant for each
piece, upon such terms of credit, and to such person or persons, as he shall think fit,
the whole, or any part, of all the real estate owned by me, in Delaware Township and
County, Ohio. Hereby ratefing and confirming all such bargains, receipts for
in the premises, by my said attorney, the same as if I were personally present and
did the same.
I do also hereby authorize my said attorney for me and in my name, and
for my use, to collect, by suit or otherwise, and upon payment to him to receipt for
all debts or demands whatever due or owing to me.
Whatever my said attorney shall lawfully do in the premises. I do hereby
confirm the same as if I was personally present and did the same. And
where as I have enlisted in the military service of the United States of America
as a volunteer, for the term of three years, or during the present war should it happen
that by any act of Providence or other casualty, I should die during said term. I
hereby bequeath to my Father and attorney as above, all said property real, and
personal, together with all accruing dues for my service that may be due at
my decease.
In witness whereof I have hereunto set my hand and seal, this twenty
seventh day September A.D. 1861
Signed and resealed in ) Edward J.C. Selleck [Seal]
presence of E. Griswold )
Mahala Griswold )
The State of Ohio Delaware County, Ss
Before me E Griwold a Notary Public, in and for said County personally
appeared the above named Edward J.C. Selleck and acknowledge the signing
and sealing of the above instrument to be his voluntary act and deed, this 27th
day of September A.D. 1861
[SS] E.Griswold, Notary Public
December 5th 1862
Last will of Edward J.C. Selleck decd
This day Edward Selleck produced the last will of his son Edward
J.C. Selleck decd for probate purporting to be a power of attorney to
[corresponds to labeled page 103 of Will Records Vol. 4 - 1859-1869]
Record of the will of Edward J.C. Selleck decd 103
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio at his
office in the town of Delaware on the eighth day of December
A.D. 1862
This day the last will and testament of Edward J.C. Selleck, late
of this county decd, was produced in open court, and was duly proven
by the testimony of Ezra Griswold and Mahala Griswold, the subscribing
witnesses thereto, (which was reduced to writing and filed with the same)
was admitted to probate and ordered to be recorded, which is
as follows:
Copy of the will
Know all men by there presents that I Edward J.C. Selleck of
Delaware Township and County, Ohio; do hereby, constitute and appoint
Edward Selleck of the same County and State, my attorney, for me and in my
name, to bargain sell and convey, in fee simple, by deed of general warrant for each
piece, upon such terms of credit, and to such person or persons, as he shall think fit,
the whole, or any part, of all the real estate owned by me, in Delaware Township and
County, Ohio. Hereby ratefing and confirming all such bargains, receipts for
in the premises, by my said attorney, the same as if I were personally present and
did the same.
I do also hereby authorize my said attorney for me and in my name, and
for my use, to collect, by suit or otherwise, and upon payment to him to receipt for
all debts or demands whatever due or owing to me.
Whatever my said attorney shall lawfully do in the premises. I do hereby
confirm the same as if I was personally present and did the same. And
where as I have enlisted in the military service of the United States of America
as a volunteer, for the term of three years, or during the present war should it happen
that by any act of Providence or other casualty, I should die during said term. I
hereby bequeath to my Father and attorney as above, all said property real, and
personal, together with all accruing dues for my service that may be due at
my decease.
In witness whereof I have hereunto set my hand and seal, this twenty
seventh day September A.D. 1861
Signed and resealed in ) Edward J.C. Selleck [Seal]
presence of E. Griswold )
Mahala Griswold )
The State of Ohio Delaware County, Ss
Before me E Griwold a Notary Public, in and for said County personally
appeared the above named Edward J.C. Selleck and acknowledge the signing
and sealing of the above instrument to be his voluntary act and deed, this 27th
day of September A.D. 1861
[SS] E.Griswold, Notary Public
December 5th 1862
Last will of Edward J.C. Selleck decd
This day Edward Selleck produced the last will of his son Edward
J.C. Selleck decd for probate purporting to be a power of attorney to
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 134)
Description
[page 134]
[corresponds to labeled page 104 of Will Records Vol. 4 - 1859-1869]
104 The Will of Edward J.C. Selleck decd
his father and also his last will and bequest bearing date September
27th 1861 with Ezra Griswold and Mahala Griswold as witnesses to the
execution of the same. Thereupon Ezra Griswold was sworn and examined
in open Court, who testified to the due execution of the will which was
reduced to writing and filed. And it appearing that said Mahala
Griswold was a resident of Columbus, in Franklin Co. a commission was
issued to the Probate Judge of Franklin Co. to take her testimony and
report to this Court.
T.W. Powell Probate Judge
The State of Ohio Delaware County, Ss
We Ezra Griswold & Mahala Griswold being duly sworn in open court
this 5th day of December A.D. 1862 depose and say that we were present
at the execution of the last will and testament of Edward J.C. Selleck
hereto annexed purporting to be a power of attorney to Edward Selleck his
father and also his will 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 signed the same as witnesses at his request and in his presence
and in the presence of each other, said will bearing date September 27th,
A.D. 1861
Ezra Griswold subscribed and swore to the above and was fully
examined in open court this 5th day of December A.D. 1862 by me
T.W. Powell Probate Judge
The State of Ohio )
Delaware County S.S. )
To the Probate Judge in and for the County
of Franklin, Ohio. Greeting...
The Probate Court in and for the County of Delaware placing special
confidence in your itegrity and abilities do hereby authorize and empower
you to take the deposition of Mahala Griswold one of the witnesses of
the will of Edward J.C. Selleck herewith sent you bearing date the 27th
day of Septemeber A.D. 1861 and witnessed by Ezra Griswold and the
execution of the said will to writing, and then seal up the same
together with the will and return the same properly directed to this
Court. In witness whereof I Thomas W. Powell Probate
Judge of said County of Delaware this 5th day of
[L.S.]
December A.D. 1862 have hereto affixed my signature
and the seal of the Probate Court.
T.W.Powell Probate Judge
The State of Ohio. Franklin County, Ss.
Probate Court December 6th A.D. 1862
Deposition of Mahala Griswold a subscribing witness to the will
of Edward J.C. Selleck hereto attached - in pursuance of the annexed
[corresponds to labeled page 104 of Will Records Vol. 4 - 1859-1869]
104 The Will of Edward J.C. Selleck decd
his father and also his last will and bequest bearing date September
27th 1861 with Ezra Griswold and Mahala Griswold as witnesses to the
execution of the same. Thereupon Ezra Griswold was sworn and examined
in open Court, who testified to the due execution of the will which was
reduced to writing and filed. And it appearing that said Mahala
Griswold was a resident of Columbus, in Franklin Co. a commission was
issued to the Probate Judge of Franklin Co. to take her testimony and
report to this Court.
T.W. Powell Probate Judge
The State of Ohio Delaware County, Ss
We Ezra Griswold & Mahala Griswold being duly sworn in open court
this 5th day of December A.D. 1862 depose and say that we were present
at the execution of the last will and testament of Edward J.C. Selleck
hereto annexed purporting to be a power of attorney to Edward Selleck his
father and also his will 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 signed the same as witnesses at his request and in his presence
and in the presence of each other, said will bearing date September 27th,
A.D. 1861
Ezra Griswold subscribed and swore to the above and was fully
examined in open court this 5th day of December A.D. 1862 by me
T.W. Powell Probate Judge
The State of Ohio )
Delaware County S.S. )
To the Probate Judge in and for the County
of Franklin, Ohio. Greeting...
The Probate Court in and for the County of Delaware placing special
confidence in your itegrity and abilities do hereby authorize and empower
you to take the deposition of Mahala Griswold one of the witnesses of
the will of Edward J.C. Selleck herewith sent you bearing date the 27th
day of Septemeber A.D. 1861 and witnessed by Ezra Griswold and the
execution of the said will to writing, and then seal up the same
together with the will and return the same properly directed to this
Court. In witness whereof I Thomas W. Powell Probate
Judge of said County of Delaware this 5th day of
[L.S.]
December A.D. 1862 have hereto affixed my signature
and the seal of the Probate Court.
T.W.Powell Probate Judge
The State of Ohio. Franklin County, Ss.
Probate Court December 6th A.D. 1862
Deposition of Mahala Griswold a subscribing witness to the will
of Edward J.C. Selleck hereto attached - in pursuance of the annexed
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 135)
Description
[page 135]
[corresponds to labeled page 105 of Will Records Vol. 4 - 1859-1869]
The Will of Edward J.C. Selleck decd 105
commission issued out of the Probate Court of Delaware County, Ohio.
Mrs. Mahala Griswold of lawful age of Franklin County, Ohio
being first by me duly sworn to speak the truth the whole truth and nothing
but the truth in reference to the execution of the said last will and
testament of Edward J.C. Selleck - deposes as follows.
I Mahala Griswold being duly sworn in open Court depose and say
that I was present at the execution of the last will and testament of
Edward J.C. Selleck decd hereto annexed - that I saw the said testator
subscribe said instrument of writing and heard him publish and declare
the same to be his last will and testament and that the said
Edward J.C. Selleck 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 and also in the presence of E. Griswold
Mahala Griswold
I hereby certify that the foregoing deposition of Mahala Griswold was
reduced to writing by me and subscribed by her in my presence at
the Probate Court House in the City of Columbus on the 6th day of
December A.D. 1862
In testimony whereof I have hereto set my hand
[L.S.] and affixed the seal of the Probate Court of
Franklin Co. at Columbus this 6th day of
December A.D. 1862
H.B. Albery
Probate Judge of
Franklin County Ohio
December 8th 1862
Will of Edward J.C. Selleck decd
This day the commission herein heretofore issued to the Probate Judge of
Franklin County Ohio was duly returned with the deposition of Mahala
Griswold the record witness to the said will, proving the due execution of
the said will by the said Edward J.C. Selleck. There upon it is considered
that the execution and publication of the said will as the last will and
testament of the said Edward J.C. Selleck decd is fully proved and
the same is ordered to be recorded as such.
December 8th 1862 T.W. Powell Probate Judge
Estate of Edward J.C. Selleck Decd
This day on motion of Edward Selleck it is ordered that letters of
administration on the estate of his son Edward J.C. Selleck decd with
the will annexed was issued, and it appearing that he is the residuary
legatee in the said will Bonds was accepted in the sum of $200 executed
by said Edward Selleck as principal and Benjamin W. Hartley and
Charlie Styer his sureties, conditioned that he pay all the debts and
leagacies of the said testator and he is there for excused and not requi
red to return an inventory of said estate
T.W. Powell Probate Judge
[corresponds to labeled page 105 of Will Records Vol. 4 - 1859-1869]
The Will of Edward J.C. Selleck decd 105
commission issued out of the Probate Court of Delaware County, Ohio.
Mrs. Mahala Griswold of lawful age of Franklin County, Ohio
being first by me duly sworn to speak the truth the whole truth and nothing
but the truth in reference to the execution of the said last will and
testament of Edward J.C. Selleck - deposes as follows.
I Mahala Griswold being duly sworn in open Court depose and say
that I was present at the execution of the last will and testament of
Edward J.C. Selleck decd hereto annexed - that I saw the said testator
subscribe said instrument of writing and heard him publish and declare
the same to be his last will and testament and that the said
Edward J.C. Selleck 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 and also in the presence of E. Griswold
Mahala Griswold
I hereby certify that the foregoing deposition of Mahala Griswold was
reduced to writing by me and subscribed by her in my presence at
the Probate Court House in the City of Columbus on the 6th day of
December A.D. 1862
In testimony whereof I have hereto set my hand
[L.S.] and affixed the seal of the Probate Court of
Franklin Co. at Columbus this 6th day of
December A.D. 1862
H.B. Albery
Probate Judge of
Franklin County Ohio
December 8th 1862
Will of Edward J.C. Selleck decd
This day the commission herein heretofore issued to the Probate Judge of
Franklin County Ohio was duly returned with the deposition of Mahala
Griswold the record witness to the said will, proving the due execution of
the said will by the said Edward J.C. Selleck. There upon it is considered
that the execution and publication of the said will as the last will and
testament of the said Edward J.C. Selleck decd is fully proved and
the same is ordered to be recorded as such.
December 8th 1862 T.W. Powell Probate Judge
Estate of Edward J.C. Selleck Decd
This day on motion of Edward Selleck it is ordered that letters of
administration on the estate of his son Edward J.C. Selleck decd with
the will annexed was issued, and it appearing that he is the residuary
legatee in the said will Bonds was accepted in the sum of $200 executed
by said Edward Selleck as principal and Benjamin W. Hartley and
Charlie Styer his sureties, conditioned that he pay all the debts and
leagacies of the said testator and he is there for excused and not requi
red to return an inventory of said estate
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 136)
Description
[page 136]
[corresponds to mislabeled page 104 of Will Records Vol. 4 - 1859-1869]
104. The Will of James Cellar decd.
Proceedings had before Thomas W. Powell Judge of their
Probate Court in the county of Delaware and State of
Ohio, at his office in the town of Delaware 2d
day of May A.D. 1863.
This day the last will and testament of James Cellar late
of the said county of Delaware decd. was produced in open court
and was duly proved by the testimony of Thomas C. Gillies and
Maria Gillies, the Subscribing witnesses thereto, which was reduced to
writing and filed with the secured was admitted to probate and
ordered to be recorded, which is as follows, to wit:
Copy of the Will.
In the name of the Benevolent Father of All.
I, James Cellar of Delaware County, do make and publish this
my last will and testament.
Item 1st. After my lawful debts are paid and twenty dollars
to the American Bible Society, I give and devise to my beloved
wife the one third part of my estate.
Item 2d. I devise and bequeath to my son James D. Cellar
fifty dollars.
Item 3d I, devise and bequeath to my three daughters, Cornelia
J. Cellar, Sarah M Cellar and Elizabeth D.Cellar, all the remain-
ing part of my estate, to be equally divided between them, my
said three daughters.
Item 4th I do hereby nominate and appoint Thomas J. Cellar
and Soloman Harden executors of this my last will and testament;
hereby authorizing and empowering them to compromise, adjust,
release and discharge in such manner as they may deem proper,
the debts and claims due me. I do also authorize and empower
them. if it shall become necessary in order to pay my debts, to sell
by private sale, or in such manner, upon such terms or 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.
In testimony whereof I have hereunto set my hand and seal
this day of A.D. 1856
Signed and acknowledged by said James Cellar (signed) James Cellar
as his last will and testament in our presence
and signed by us in his presence.
T.C. Gillies
Maria Gillies.
Probate Court, May 2d 1863.
Will and Estate of James Cellar decd.
This day Thomas I. Cellar and Solomon Harden executors of their
last will and testament of James Cellar decd. appeared in Court
and asked for the Probate and admission to records of the will.
And Thomas C. Gillies and Maria Gillies having appeared in Court on
the twenty fifth day of April last passed, who were the witnesses to the
said will, who were duly sworn and testified to the due execution of
[corresponds to mislabeled page 104 of Will Records Vol. 4 - 1859-1869]
104. The Will of James Cellar decd.
Proceedings had before Thomas W. Powell Judge of their
Probate Court in the county of Delaware and State of
Ohio, at his office in the town of Delaware 2d
day of May A.D. 1863.
This day the last will and testament of James Cellar late
of the said county of Delaware decd. was produced in open court
and was duly proved by the testimony of Thomas C. Gillies and
Maria Gillies, the Subscribing witnesses thereto, which was reduced to
writing and filed with the secured was admitted to probate and
ordered to be recorded, which is as follows, to wit:
Copy of the Will.
In the name of the Benevolent Father of All.
I, James Cellar of Delaware County, do make and publish this
my last will and testament.
Item 1st. After my lawful debts are paid and twenty dollars
to the American Bible Society, I give and devise to my beloved
wife the one third part of my estate.
Item 2d. I devise and bequeath to my son James D. Cellar
fifty dollars.
Item 3d I, devise and bequeath to my three daughters, Cornelia
J. Cellar, Sarah M Cellar and Elizabeth D.Cellar, all the remain-
ing part of my estate, to be equally divided between them, my
said three daughters.
Item 4th I do hereby nominate and appoint Thomas J. Cellar
and Soloman Harden executors of this my last will and testament;
hereby authorizing and empowering them to compromise, adjust,
release and discharge in such manner as they may deem proper,
the debts and claims due me. I do also authorize and empower
them. if it shall become necessary in order to pay my debts, to sell
by private sale, or in such manner, upon such terms or 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.
In testimony whereof I have hereunto set my hand and seal
this day of A.D. 1856
Signed and acknowledged by said James Cellar (signed) James Cellar
as his last will and testament in our presence
and signed by us in his presence.
T.C. Gillies
Maria Gillies.
Probate Court, May 2d 1863.
Will and Estate of James Cellar decd.
This day Thomas I. Cellar and Solomon Harden executors of their
last will and testament of James Cellar decd. appeared in Court
and asked for the Probate and admission to records of the will.
And Thomas C. Gillies and Maria Gillies having appeared in Court on
the twenty fifth day of April last passed, who were the witnesses to the
said will, who were duly sworn and testified to the due execution of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 137)
Description
[page 137]
[corresponds to mislabeled page 105 of Will Records Vol. 4 - 1859-1869]
The Will of James Cellar decd. 105
the said Will, and whose testimony is reduced to writing and now
on file. The said Will is therefore declared duly proved and admitted
to record as such; and letters testamentary are granted to the said
Thomas J. Cellars and Solomon Harden as executors of the said
will and testament, said Executors having given bonds in $2000.
with Regus W. Gray and Nathan C. Harden their sureties, which are
accepted & filed; and thereupon they were duly sworn and letters issued
to them. Philaster C. Buel, Minor P. Tone and John P. Gray were
appointed appraisers of the said estate.
T.W. Powell Probate Judge.
The State of Ohio, Delaware County ss.
We Thomas C. Gillies and Maria Gillies being duly sworn in open
Court this 25th day of April A.D. 1863, depose and say that they were
present at the execution of the last will and testament of James Cellar
hereto accepted; 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.
(signed) T.C. Gillies.
Maria Gillies.
sworn to and published before me 25th day April A.D. 1863.
T.W. Powell Probate Judge
Will of Peter Darst decd.
Proceedings had before Thomas W. Powell judge of their
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware on the 14th day
of May A.D. 1863.
This day the last will and testament of Peter Darst late
of Radnor in this county decd. was produced in open court
and was duly proved by the testimony of Elias George one of the witnesses
thereto, and the testimony of Joseph C. Cox, John N. Cox, the other witness
thereto being decd. which testimony was duly reduced to writing and
filed with the same, and it appearing that the said will was duly
attested and executed; 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 the said will was duly admitted to probate
and ordered to be recorded, which is as follows, to wit:
Copy of the Will.
In the name of God, Amen.
I, Peter Darst of the County of Delaware and State of Ohio,
who am feeble in body, but of a sound mind, do make and
publish my last will and testament in manner and form following-
1st. That all my just debts and funeral expenses by paid.
2d. I give and bequeath to my wife Sarah Darst the
[corresponds to mislabeled page 105 of Will Records Vol. 4 - 1859-1869]
The Will of James Cellar decd. 105
the said Will, and whose testimony is reduced to writing and now
on file. The said Will is therefore declared duly proved and admitted
to record as such; and letters testamentary are granted to the said
Thomas J. Cellars and Solomon Harden as executors of the said
will and testament, said Executors having given bonds in $2000.
with Regus W. Gray and Nathan C. Harden their sureties, which are
accepted & filed; and thereupon they were duly sworn and letters issued
to them. Philaster C. Buel, Minor P. Tone and John P. Gray were
appointed appraisers of the said estate.
T.W. Powell Probate Judge.
The State of Ohio, Delaware County ss.
We Thomas C. Gillies and Maria Gillies being duly sworn in open
Court this 25th day of April A.D. 1863, depose and say that they were
present at the execution of the last will and testament of James Cellar
hereto accepted; 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.
(signed) T.C. Gillies.
Maria Gillies.
sworn to and published before me 25th day April A.D. 1863.
T.W. Powell Probate Judge
Will of Peter Darst decd.
Proceedings had before Thomas W. Powell judge of their
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware on the 14th day
of May A.D. 1863.
This day the last will and testament of Peter Darst late
of Radnor in this county decd. was produced in open court
and was duly proved by the testimony of Elias George one of the witnesses
thereto, and the testimony of Joseph C. Cox, John N. Cox, the other witness
thereto being decd. which testimony was duly reduced to writing and
filed with the same, and it appearing that the said will was duly
attested and executed; 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 the said will was duly admitted to probate
and ordered to be recorded, which is as follows, to wit:
Copy of the Will.
In the name of God, Amen.
I, Peter Darst of the County of Delaware and State of Ohio,
who am feeble in body, but of a sound mind, do make and
publish my last will and testament in manner and form following-
1st. That all my just debts and funeral expenses by paid.
2d. I give and bequeath to my wife Sarah Darst the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 138)
Description
[page 138]
[corresponds to page 106 of Will Records Vol. 4 - 1859-1869]
106 Will of Peter Darst decd May 14 1863
the farm on which we live, and all the appurtenances there
unto belonging, with all the household property and every thing
I possess, and any outstanding notes or debts, belonging to me
and she may will or sell the property according to her dis-
-cretion.
3rd I do hereby nominate appoint my wife Sarah Darst
executrix of this my last will and testament, to discharge
every thing contained therein.
I do revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 19th March in the year of Lord 1861.
Signed & Acknowledged by said (Signed) his
Peter Darst in our presence Peter x Darst [Seal]
and signed by us in his presence. mark
Elias George
John N. Cox.
Copy of the testimony reduced to writing.
The State of Ohio, Delaware County Ss.
I Elias George being duly sworn in open Court, this 16th
day of May A.D. 1863, depose and say that we (he and John N. Cox were
present at the execution of the last will and testament of Peter Darst
hereto annexed; that we saw the said testator subscribe said will, we
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
John N. Cox who then & there signed the same as witness has now
departed this life; on or about May 10, 1862
(Signed) Elias George
Sworn to and subscribed before me this 14th day of May A.D. 1863
T.W. Powell Probate Judge
The State of Ohio Delaware County Ss. I Joseph E. Cox being
duly sworn upon my oath say that I am the son of John
N. Cox whose name and signature is subscribed as a witness
to the will of Peter Darst decd was here produced and sworn to
by Elias George another witness thereto; that said John N. Cox died
on or about the 10th day of May 1862 that I have examined the
signature of said John N. Cox to said will, that I am well acquainted
with his hand writing, and say that the said signature is his genuine
hand writing, and there can be no doubt that he witnessed the execution
of this said will and witness the same as there states.
(signed) Joseph C. Cox
Sworn to & subscribed before me this
14th day of May 1863 T.W. Powell Probate Judge
[corresponds to page 106 of Will Records Vol. 4 - 1859-1869]
106 Will of Peter Darst decd May 14 1863
the farm on which we live, and all the appurtenances there
unto belonging, with all the household property and every thing
I possess, and any outstanding notes or debts, belonging to me
and she may will or sell the property according to her dis-
-cretion.
3rd I do hereby nominate appoint my wife Sarah Darst
executrix of this my last will and testament, to discharge
every thing contained therein.
I do revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this 19th March in the year of Lord 1861.
Signed & Acknowledged by said (Signed) his
Peter Darst in our presence Peter x Darst [Seal]
and signed by us in his presence. mark
Elias George
John N. Cox.
Copy of the testimony reduced to writing.
The State of Ohio, Delaware County Ss.
I Elias George being duly sworn in open Court, this 16th
day of May A.D. 1863, depose and say that we (he and John N. Cox were
present at the execution of the last will and testament of Peter Darst
hereto annexed; that we saw the said testator subscribe said will, we
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
John N. Cox who then & there signed the same as witness has now
departed this life; on or about May 10, 1862
(Signed) Elias George
Sworn to and subscribed before me this 14th day of May A.D. 1863
T.W. Powell Probate Judge
The State of Ohio Delaware County Ss. I Joseph E. Cox being
duly sworn upon my oath say that I am the son of John
N. Cox whose name and signature is subscribed as a witness
to the will of Peter Darst decd was here produced and sworn to
by Elias George another witness thereto; that said John N. Cox died
on or about the 10th day of May 1862 that I have examined the
signature of said John N. Cox to said will, that I am well acquainted
with his hand writing, and say that the said signature is his genuine
hand writing, and there can be no doubt that he witnessed the execution
of this said will and witness the same as there states.
(signed) Joseph C. Cox
Sworn to & subscribed before me this
14th day of May 1863 T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 139)
Description
[page 139]
[corresponds to labeled page 107 of Will Records Vol. 4 - 1859-1869]
Will of Jesse Hults decd May 14th 1863 107
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 14th day of May A.D. 1863
This day the last will and testament of Jesse Hults of Berlin
Township in the said county decd. Was produced in open court
and was duly proved by the testimony of Nancy Anne Emerson one of
the witnesses thereto, and the testimony of Robert Faris/Silas Emerson the
other witnesses thereto being deceased which testimony was duly reduced to
writing and filed with the same; and it appearing that the said will
was duly attested and executed 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 the said will was thereupon duly
admitted to probate and ordered to be recorded which is as follows
to wit: -
Copy of the Will
I Jesse Hults of the township of Berlin and county of Delaware
& State of Ohio do hereby make and publish this my last will & testament -
1st I give and devise to my son Raymond Hults the one third
part of my estate both real and personal situate in the township
and county above named subject to the conditions herein following -
2nd I give and devise to the legal heirs of my daughter Nancy
Sackeider the one third part of my estate both real and personal
situate as aforesaid to be equally divided between said heirs subject
to the conditions following herein
3rd I give and devise to the legal heirs of my son James Hults
to be equally divided among them the one third part of my estate
situate as above stated, both real and personal subject to the
conditions following herein.
4th Provided my wife Phebe Hults should survive me then she
to have the use of the one third of my property above divided so
long as she shall remain my widow, when it shall pass from
her the said Phebe Hults according to the provisions herein
then said third to be divided according to the first distribution herein.
5th I do hereby nominate and appoint Raymond Hults and Martin
Hults as executors of this my last will and testament hereby auth-
=orizing them to do and perform all things necessary which by law and
executors they may do. In testimony hereof I have hereunto
set my hand and seal this eighth (8) day of April A.D. 1861.
(signed) Jesse Hults [Seal]
Signed by said Jesse Hults in
our presence & by us in his presence
(Signed) Nancy Ann Emerson.
Silas Emerson.
Record of the testimony.
The State of Ohio, Delaware County SS.
I Nancy Ann Emerson being duly sworn in open court
this 14th day of May A.D. 1863, depose and say that we this affiant and
her husband Silas Emerson dec. were present at the execution
[corresponds to labeled page 107 of Will Records Vol. 4 - 1859-1869]
Will of Jesse Hults decd May 14th 1863 107
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 14th day of May A.D. 1863
This day the last will and testament of Jesse Hults of Berlin
Township in the said county decd. Was produced in open court
and was duly proved by the testimony of Nancy Anne Emerson one of
the witnesses thereto, and the testimony of Robert Faris/Silas Emerson the
other witnesses thereto being deceased which testimony was duly reduced to
writing and filed with the same; and it appearing that the said will
was duly attested and executed 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 the said will was thereupon duly
admitted to probate and ordered to be recorded which is as follows
to wit: -
Copy of the Will
I Jesse Hults of the township of Berlin and county of Delaware
& State of Ohio do hereby make and publish this my last will & testament -
1st I give and devise to my son Raymond Hults the one third
part of my estate both real and personal situate in the township
and county above named subject to the conditions herein following -
2nd I give and devise to the legal heirs of my daughter Nancy
Sackeider the one third part of my estate both real and personal
situate as aforesaid to be equally divided between said heirs subject
to the conditions following herein
3rd I give and devise to the legal heirs of my son James Hults
to be equally divided among them the one third part of my estate
situate as above stated, both real and personal subject to the
conditions following herein.
4th Provided my wife Phebe Hults should survive me then she
to have the use of the one third of my property above divided so
long as she shall remain my widow, when it shall pass from
her the said Phebe Hults according to the provisions herein
then said third to be divided according to the first distribution herein.
5th I do hereby nominate and appoint Raymond Hults and Martin
Hults as executors of this my last will and testament hereby auth-
=orizing them to do and perform all things necessary which by law and
executors they may do. In testimony hereof I have hereunto
set my hand and seal this eighth (8) day of April A.D. 1861.
(signed) Jesse Hults [Seal]
Signed by said Jesse Hults in
our presence & by us in his presence
(Signed) Nancy Ann Emerson.
Silas Emerson.
Record of the testimony.
The State of Ohio, Delaware County SS.
I Nancy Ann Emerson being duly sworn in open court
this 14th day of May A.D. 1863, depose and say that we this affiant and
her husband Silas Emerson dec. were present at the execution
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 140)
Description
[page 140]
[corresponds to labeled page 108 of Will Records Vol. 4 - 1859-1869]
108 Will of Jesse Hults dec. May 14th 1863.
of the last will and testament of Jesse Hults 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
the said testator at the time of executing the same was of full
age, and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and in his
presence and in the presence of each other. And further say that
said husband Silas Emerson departed this life on or about March
25th 1863.
(Signed) Nancy Ann Emerson.
Sworn to and subscribed before me this 14th day of May A.D. 1853.
F. W. Powell Probate Judge.
The State of Ohio, Delaware County S.S.
Robert Faris being duly sworn in open court upon his
oath says that I was well acquainted with Silas Emerson who
was one of the witnesses to the will of Jesse Hults and well acquainted
with his hand writing, having frequently seen him write, that said
Silas Emerson departed this life on or about the 25th day of March
1863. That I have examined his signature as witness to the said
will hereto annexed and say it is his hand writing and signature,
and that there can be no doubt but that he duly witnessed the
same. Since Jesse Hults died on or about the 6th day of March
the present month, that for the last twenty two years previous to his
death he was acquainted with said Hults having during that time
lived his neighbors and always during that time believed him
to have been a man of sound mind and memory and capable of
making his will.
(Signed) Robert Faris
Sworn to and subscribed before me,
this 14th day of May 1863. T. W. Powell Probate Judge
Record of the Will of Peter Collum dec'
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and the State of Ohio
at his office in the town of Delaware on the 21st day of May 1863.
This day the last will and testament of Peter Collum late of Kingston
Township in the said county dec' was produced in open court and
was duly proved by the testimony of Jonas Waldron and Robert Ferguson
two of the subscribing witnesses thereto, which testimony was reduced to writing
and filed with the same, and it appearing that the said will was duly
attested and executed, and that the testator at the time of executing the
same was of full age, of sound mind and memory, and not under
any restraint; the said will was therefor duly admitted to probate
and ordered to be recorded, which is as follows, to wit-
[corresponds to labeled page 108 of Will Records Vol. 4 - 1859-1869]
108 Will of Jesse Hults dec. May 14th 1863.
of the last will and testament of Jesse Hults 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
the said testator at the time of executing the same was of full
age, and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and in his
presence and in the presence of each other. And further say that
said husband Silas Emerson departed this life on or about March
25th 1863.
(Signed) Nancy Ann Emerson.
Sworn to and subscribed before me this 14th day of May A.D. 1853.
F. W. Powell Probate Judge.
The State of Ohio, Delaware County S.S.
Robert Faris being duly sworn in open court upon his
oath says that I was well acquainted with Silas Emerson who
was one of the witnesses to the will of Jesse Hults and well acquainted
with his hand writing, having frequently seen him write, that said
Silas Emerson departed this life on or about the 25th day of March
1863. That I have examined his signature as witness to the said
will hereto annexed and say it is his hand writing and signature,
and that there can be no doubt but that he duly witnessed the
same. Since Jesse Hults died on or about the 6th day of March
the present month, that for the last twenty two years previous to his
death he was acquainted with said Hults having during that time
lived his neighbors and always during that time believed him
to have been a man of sound mind and memory and capable of
making his will.
(Signed) Robert Faris
Sworn to and subscribed before me,
this 14th day of May 1863. T. W. Powell Probate Judge
Record of the Will of Peter Collum dec'
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and the State of Ohio
at his office in the town of Delaware on the 21st day of May 1863.
This day the last will and testament of Peter Collum late of Kingston
Township in the said county dec' was produced in open court and
was duly proved by the testimony of Jonas Waldron and Robert Ferguson
two of the subscribing witnesses thereto, which testimony was reduced to writing
and filed with the same, and it appearing that the said will was duly
attested and executed, and that the testator at the time of executing the
same was of full age, of sound mind and memory, and not under
any restraint; the said will was therefor duly admitted to probate
and ordered to be recorded, which is as follows, to wit-
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 141)
Description
[page 141]
[corresponds to labeled page 109 of Will Records Vol. 4 - 1859-1869]
The Will of Peter Collum dec' May 21, 1863. 109
Copy of the Will: -
I Peter Collum of the Township of Kingston in the County
of Delaware and State of Ohio, being weak in body but of sound mind
and memory and considering the uncertainty of this transitory existence
do make and ordain this my last will and testament in manner
and form following, to wit-
First. I give my body to the earth to be buried in a decent and
Christian like manner. And my spirit to God who gave it. And as
to such worldly goods and estate as it had pleased Almighty God to bless
me with, I give and bequeath in manner and form following (viz)
First I give and bequeath to my beloved wife Rhoda Collum all
my estate both real and personal after paying my funeral and
other expenses to have the full and entire control thereof during
her natural life or widowhood even to the selling and conveying real
estate should she find it necessary for her support and at her, my said
wife's decease, what there remains of my real or personal estate, I give
and bequeath to my five children as hereinafter named.
Second. I give and bequeath to my son Thomas A. the sum of two
hundred dollars.
Third. I give and bequeath to my daughter Mary V. Cregg the sum of
one hundred dollars.
Fourth. I give and bequeath to my daughter Sarah E. the sum of
one hundred dollars.
Fifth, I give and bequeath to my son Milan A. the sum of one
hundred dollars.
And the residue of my estate I give and bequeath and hereby
ordain to be equally divided amongst my five children, viz: -
Thomas A. Collum, Mary U. Cregg, Sarah E. Collum, Milan A. Collum and Katherine White
Sixth, And for the purpose of executing and fully carrying out the
provisions of the foregoing will and testament I hereby nominate
ordain and appoint my beloved wife, Rhoda Collum & Sylvester
Wigton sole executors of this my last will and testament. To which
I hereby set my hand and seal this fifth day of January in the year
of our Lord one thousand eight hundred and sixty three.
(Signed) Peter Collum [Seal]
Signed and sealed in the presence of us
Jonas Waldron
Robert Ferguson.
Record of the testimony.
The State of Ohio, Delaware County S.S. We Jonas Waldron and
Robert Ferguson being duly sworn in open court this 21st day of May A.D. 1863, depose
and say. that we were present at the execution of the last will and testament of Peter Collum
hereto annexed; that we saw the said testator subscribe the 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
(Over)
[corresponds to labeled page 109 of Will Records Vol. 4 - 1859-1869]
The Will of Peter Collum dec' May 21, 1863. 109
Copy of the Will: -
I Peter Collum of the Township of Kingston in the County
of Delaware and State of Ohio, being weak in body but of sound mind
and memory and considering the uncertainty of this transitory existence
do make and ordain this my last will and testament in manner
and form following, to wit-
First. I give my body to the earth to be buried in a decent and
Christian like manner. And my spirit to God who gave it. And as
to such worldly goods and estate as it had pleased Almighty God to bless
me with, I give and bequeath in manner and form following (viz)
First I give and bequeath to my beloved wife Rhoda Collum all
my estate both real and personal after paying my funeral and
other expenses to have the full and entire control thereof during
her natural life or widowhood even to the selling and conveying real
estate should she find it necessary for her support and at her, my said
wife's decease, what there remains of my real or personal estate, I give
and bequeath to my five children as hereinafter named.
Second. I give and bequeath to my son Thomas A. the sum of two
hundred dollars.
Third. I give and bequeath to my daughter Mary V. Cregg the sum of
one hundred dollars.
Fourth. I give and bequeath to my daughter Sarah E. the sum of
one hundred dollars.
Fifth, I give and bequeath to my son Milan A. the sum of one
hundred dollars.
And the residue of my estate I give and bequeath and hereby
ordain to be equally divided amongst my five children, viz: -
Thomas A. Collum, Mary U. Cregg, Sarah E. Collum, Milan A. Collum and Katherine White
Sixth, And for the purpose of executing and fully carrying out the
provisions of the foregoing will and testament I hereby nominate
ordain and appoint my beloved wife, Rhoda Collum & Sylvester
Wigton sole executors of this my last will and testament. To which
I hereby set my hand and seal this fifth day of January in the year
of our Lord one thousand eight hundred and sixty three.
(Signed) Peter Collum [Seal]
Signed and sealed in the presence of us
Jonas Waldron
Robert Ferguson.
Record of the testimony.
The State of Ohio, Delaware County S.S. We Jonas Waldron and
Robert Ferguson being duly sworn in open court this 21st day of May A.D. 1863, depose
and say. that we were present at the execution of the last will and testament of Peter Collum
hereto annexed; that we saw the said testator subscribe the 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
(Over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 142)
Description
[page 142]
[corresopnds to labeled page 110 of Will Records Vol. 4 - 1859-1869]
110 The Will of Peter Collum dec' May 21st 1863.
as witnesses at his request and in his presence, and in the
presence of each other.
(signed) Jonas Waldron
Robert Ferguson
Sworn to and subscribed before me this 21st day of May A.D. 1863.
T. W. Powell Probate Judge
Record of the Will of Sherman Fairchild dec'
Proceedings had before Thomas W. Powell Judge
of the Probate Court in & for the said County of Delaware
and State of Ohio, at his office in the Town of Delaware
on the 22nd day of May 1863.
This day the last will and testament of Sherman Fairchild
late of Harlem Township in the said County dec' was pro-
-duced in open court, and was duly proved by the testimony
Lyman B. Hanover and John Cook the two subscribing
witnesses thereto, which testimony was reduced to writing and
filed with the same, and it appearing that the said will was
duly attested and executed, and that the testator at the time of
executing the same, was of full age, of sound mind and
memory and not under any restraint, this said will was
therefor duly admitted of record and proved as the last
will and testament of the said Sherman Fairchild dec' to wit
Copy of the Will.
"Be it remembered that I sherman Fairchild of the County
of Delaware and State of Ohio and of the Township of Harlem
do make and publish this as my last will and testament.
1st I hereby authorize my beloved wife to pay all my just
debts, funeral expenses and other necessary expenses at the
time of my decease.
2nd I give and bequeath unto my beloved wife all my
real estate and all my personal property or both real and
personal, that may belong to me at the time of my death
to belong to her, and be disposed of by her as she may see
proper, after paying said debts and other necessary expenses.
3rd I do hereby nominate and appoint my Hulda Fairchild
my beloved wife executor of this my last will and testament
I desire that no appraisement and no sale of my personal
property be made, and that the court of probate direct the
omission of the same in pursuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto my hand and seal
this 11th day of October AD. 1859.
[Signed] Sherman Fairchild [Seal]
[corresopnds to labeled page 110 of Will Records Vol. 4 - 1859-1869]
110 The Will of Peter Collum dec' May 21st 1863.
as witnesses at his request and in his presence, and in the
presence of each other.
(signed) Jonas Waldron
Robert Ferguson
Sworn to and subscribed before me this 21st day of May A.D. 1863.
T. W. Powell Probate Judge
Record of the Will of Sherman Fairchild dec'
Proceedings had before Thomas W. Powell Judge
of the Probate Court in & for the said County of Delaware
and State of Ohio, at his office in the Town of Delaware
on the 22nd day of May 1863.
This day the last will and testament of Sherman Fairchild
late of Harlem Township in the said County dec' was pro-
-duced in open court, and was duly proved by the testimony
Lyman B. Hanover and John Cook the two subscribing
witnesses thereto, which testimony was reduced to writing and
filed with the same, and it appearing that the said will was
duly attested and executed, and that the testator at the time of
executing the same, was of full age, of sound mind and
memory and not under any restraint, this said will was
therefor duly admitted of record and proved as the last
will and testament of the said Sherman Fairchild dec' to wit
Copy of the Will.
"Be it remembered that I sherman Fairchild of the County
of Delaware and State of Ohio and of the Township of Harlem
do make and publish this as my last will and testament.
1st I hereby authorize my beloved wife to pay all my just
debts, funeral expenses and other necessary expenses at the
time of my decease.
2nd I give and bequeath unto my beloved wife all my
real estate and all my personal property or both real and
personal, that may belong to me at the time of my death
to belong to her, and be disposed of by her as she may see
proper, after paying said debts and other necessary expenses.
3rd I do hereby nominate and appoint my Hulda Fairchild
my beloved wife executor of this my last will and testament
I desire that no appraisement and no sale of my personal
property be made, and that the court of probate direct the
omission of the same in pursuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto my hand and seal
this 11th day of October AD. 1859.
[Signed] Sherman Fairchild [Seal]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 143)
Description
[page 143]
[corresponds to labeled page 111 of Will Records Vol. 4 - 1859-1869]
The Will of Sherman Fairchild dec' May 22nd 1863. 111
Signed and acknowledged by said Sherman Fairchild
as his last will & testament in our presence and
signed by us in his presence.
[Signed] John Cook.
L. B. Hanover
Record of the testimony.
The State of Ohio, Delaware County SS.
I Lyman B. Hanover one of the witnesses to the will
of Sherman Fairchild, being duly sworn in open court this
eighteenth day of May A.D. 1863 depose and say that we
the deponant and John Cook were present at the execution
of the last will and testament of Sherman Fairchild hereto annexed
that we saw 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 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 Lyman B. Hanover
Sworn to and subscribed before me this 18th day
of May A.D. 1863. T. W. Powell Probate Judge
The State of Ohio, Delaware County SS.
I John Cook being duly sworn in open court this 22nd
day of May A.D. 1863 depose and say that we this deponant and
Lyman B. Hanover were present at the execution of the last will
and testament of Sherman Fairchild hereto annexed, that we
saw the said testator subscribe said will (or heard him acknowledge
the same to be his signature) 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. (Signed) John Cook.
Sworn to and subscribed before me this 22nd day
of May A.D. 1863 T. W. Powell Probate Judge
Record of the Commission to take the election of
Hulda Fairchild the widow.
It appearing to the court that said Hulda Fairchild the
widow is unable to appear in Court to make her election
under the said will, on the account of ill health, this Court gran
=ted a commission to Lyman B. Hanover of Harlem
Township to take her election, and from the return thereto it
appears and so the Court finds that the said widow makes
her election to take under the said will, which commission
and proceedings thereon had are as follows, to wit:
[corresponds to labeled page 111 of Will Records Vol. 4 - 1859-1869]
The Will of Sherman Fairchild dec' May 22nd 1863. 111
Signed and acknowledged by said Sherman Fairchild
as his last will & testament in our presence and
signed by us in his presence.
[Signed] John Cook.
L. B. Hanover
Record of the testimony.
The State of Ohio, Delaware County SS.
I Lyman B. Hanover one of the witnesses to the will
of Sherman Fairchild, being duly sworn in open court this
eighteenth day of May A.D. 1863 depose and say that we
the deponant and John Cook were present at the execution
of the last will and testament of Sherman Fairchild hereto annexed
that we saw 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 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 Lyman B. Hanover
Sworn to and subscribed before me this 18th day
of May A.D. 1863. T. W. Powell Probate Judge
The State of Ohio, Delaware County SS.
I John Cook being duly sworn in open court this 22nd
day of May A.D. 1863 depose and say that we this deponant and
Lyman B. Hanover were present at the execution of the last will
and testament of Sherman Fairchild hereto annexed, that we
saw the said testator subscribe said will (or heard him acknowledge
the same to be his signature) 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. (Signed) John Cook.
Sworn to and subscribed before me this 22nd day
of May A.D. 1863 T. W. Powell Probate Judge
Record of the Commission to take the election of
Hulda Fairchild the widow.
It appearing to the court that said Hulda Fairchild the
widow is unable to appear in Court to make her election
under the said will, on the account of ill health, this Court gran
=ted a commission to Lyman B. Hanover of Harlem
Township to take her election, and from the return thereto it
appears and so the Court finds that the said widow makes
her election to take under the said will, which commission
and proceedings thereon had are as follows, to wit:
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 144)
Description
[page 144]
[corresponds to labeled page 112 of Will Records Vol. 4 - 1859-1869]
112 The will of Sherman Fairchild decd. May 25, 1863
The State of Ohio )
Delaware County SS. )
To Lyman B. Hanover Esqr
Sir,
Placing special confidence in your
capacity and honesty, the undersigned, Thomas W. Powell judge
of the Probate Court in and for the said county do hereby
commission and authorize you to take the declaration
of Hulda Fairchild widow of Sherman Fairchild late of
Harlem Township in this county decd. whether she chooses
to take under the last will and testament of said Sherman
Fairchild decd. or not; a copy of the said will is hereto annexed
and it shall be your duty to explain to her the provisions
of the will, her right under it, and by law in the event of
refusal to take under the will and
will take her election to take under the will or not
in writing signed by her; and return the same forthwith
to this court.
In testimony whereof I have herewith set
[S.L.] my hand and seal of this court, this 22nd day of
May 1863. T.W. Powell Probate Judge
Return thereto.
In pursuance to the requisition of the foregoing County
the undersigned has taken the election of Mrs. Hulda Fairchild
whether she wants take under the will of her husband Sherman
Fairchild or not, to which the answers as follows.
I, Hulda Fairchild aforesaid do hereby make my election
under the said will of the said Sherman Fairchild as follows.
I elect to - take under the said will as witness my hand
attest. her
John Cook ) (signed) Hulda x Fairchild
L.B. Hanover ) mark
And I certify that her rights under the said will was fully made
known to her as above directed.
Witness my hand this 25th day of May A.D. 1863
(signed) L.B. Hanover
To which was attached a copy of the said will.
T.W.Powell Probate Judge
[corresponds to labeled page 112 of Will Records Vol. 4 - 1859-1869]
112 The will of Sherman Fairchild decd. May 25, 1863
The State of Ohio )
Delaware County SS. )
To Lyman B. Hanover Esqr
Sir,
Placing special confidence in your
capacity and honesty, the undersigned, Thomas W. Powell judge
of the Probate Court in and for the said county do hereby
commission and authorize you to take the declaration
of Hulda Fairchild widow of Sherman Fairchild late of
Harlem Township in this county decd. whether she chooses
to take under the last will and testament of said Sherman
Fairchild decd. or not; a copy of the said will is hereto annexed
and it shall be your duty to explain to her the provisions
of the will, her right under it, and by law in the event of
refusal to take under the will and
will take her election to take under the will or not
in writing signed by her; and return the same forthwith
to this court.
In testimony whereof I have herewith set
[S.L.] my hand and seal of this court, this 22nd day of
May 1863. T.W. Powell Probate Judge
Return thereto.
In pursuance to the requisition of the foregoing County
the undersigned has taken the election of Mrs. Hulda Fairchild
whether she wants take under the will of her husband Sherman
Fairchild or not, to which the answers as follows.
I, Hulda Fairchild aforesaid do hereby make my election
under the said will of the said Sherman Fairchild as follows.
I elect to - take under the said will as witness my hand
attest. her
John Cook ) (signed) Hulda x Fairchild
L.B. Hanover ) mark
And I certify that her rights under the said will was fully made
known to her as above directed.
Witness my hand this 25th day of May A.D. 1863
(signed) L.B. Hanover
To which was attached a copy of the said will.
T.W.Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 145)
Description
[page 145]
[corresponds to labeled page 113 of Will Records Vol. 4 - 1859-1869]
The Will of Sebastian Shouk decd June 9th 1863 113
Record of the will of Sebastian Shouk decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and state of Ohio,
at his office in the Town of Delaware on the 2nd day of
June A.D. 1863.
This day Samuel S. Shouk the executor appeared and pro-
duced in open court the last will and testament of Sebastian Shouk
late of Tompson Township decd. And demanded that the same
be declared proved and admitted to records; and the witnesses
to the same having appeared heretofore in open court, and
then and there having been duly sworn and testified to the due
execution of the said will, to wit, Samuel Maize and Joleen A. Smith
January 6th last, Thomas Lavender January 19th last, and
John A. Gone February 13th 1863 whose testimony was reduced
to writing and filed with the said will. Thereupon the said
will is declared to be duly proven and admitted to record as the
last will and testament of said Sebastian Shouk decd.
Letters testamentary granted to Samuel S. Shouk the executor
Bonds given in the sum of $500 to pay debts, legacies &c.
Mrs. Shouk the widow then appeared in open court to
make her election under the will; and her rights and interest
under the said will and by law without the will, being fully made
known to her and explained, she, said widow, then declared her
election to be and choise way, to take under the will.
And the said Samuel S. Shouk the executor being the
residuary legatee, having given satisfactory bonds in the
sum of $500. to pay all the debts and legacies, according to the
will, he is not required without the further order of this court
to make inventory and appraisement of the said estate.
Which will is as follows; to wit:-
"In the name of the Benevolent Father of All.
I, Sebastian Shouk of Thompson Townnship, Delaware
County, Ohio, do make and publish this my last will and testament.
Remark 1st I give and devise to my beloved wife, in lieu of
dower, the farm on which we now reside, situate in Thompson
Township, Delaware County, Ohio containing about eighty three
(83) acres, during her natural life, at the death of my said wife
the real estate aforesaid I give and devise to my son Samuel S. Shouk
and his heirs.
Rem. 2nd I give and bequeath to my said wife and to my said
son Samuel S. Shouk all my personal property which is or may
be situated on the aforesaid farm at the time of my death; ex-
-cepting my household goods, including furnature, beds, bedding
etc, which I bequeath to my son's wife during her natural
life. At the death of my said wife, I give and bequeath the
aforesaid personal property, except the household goods before
excepted, to my said son Samuel S. Shouk the aforesaid household
[corresponds to labeled page 113 of Will Records Vol. 4 - 1859-1869]
The Will of Sebastian Shouk decd June 9th 1863 113
Record of the will of Sebastian Shouk decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and state of Ohio,
at his office in the Town of Delaware on the 2nd day of
June A.D. 1863.
This day Samuel S. Shouk the executor appeared and pro-
duced in open court the last will and testament of Sebastian Shouk
late of Tompson Township decd. And demanded that the same
be declared proved and admitted to records; and the witnesses
to the same having appeared heretofore in open court, and
then and there having been duly sworn and testified to the due
execution of the said will, to wit, Samuel Maize and Joleen A. Smith
January 6th last, Thomas Lavender January 19th last, and
John A. Gone February 13th 1863 whose testimony was reduced
to writing and filed with the said will. Thereupon the said
will is declared to be duly proven and admitted to record as the
last will and testament of said Sebastian Shouk decd.
Letters testamentary granted to Samuel S. Shouk the executor
Bonds given in the sum of $500 to pay debts, legacies &c.
Mrs. Shouk the widow then appeared in open court to
make her election under the will; and her rights and interest
under the said will and by law without the will, being fully made
known to her and explained, she, said widow, then declared her
election to be and choise way, to take under the will.
And the said Samuel S. Shouk the executor being the
residuary legatee, having given satisfactory bonds in the
sum of $500. to pay all the debts and legacies, according to the
will, he is not required without the further order of this court
to make inventory and appraisement of the said estate.
Which will is as follows; to wit:-
"In the name of the Benevolent Father of All.
I, Sebastian Shouk of Thompson Townnship, Delaware
County, Ohio, do make and publish this my last will and testament.
Remark 1st I give and devise to my beloved wife, in lieu of
dower, the farm on which we now reside, situate in Thompson
Township, Delaware County, Ohio containing about eighty three
(83) acres, during her natural life, at the death of my said wife
the real estate aforesaid I give and devise to my son Samuel S. Shouk
and his heirs.
Rem. 2nd I give and bequeath to my said wife and to my said
son Samuel S. Shouk all my personal property which is or may
be situated on the aforesaid farm at the time of my death; ex-
-cepting my household goods, including furnature, beds, bedding
etc, which I bequeath to my son's wife during her natural
life. At the death of my said wife, I give and bequeath the
aforesaid personal property, except the household goods before
excepted, to my said son Samuel S. Shouk the aforesaid household
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 146)
Description
[page 146]
[corresponds to labeled page 114 of Will Records Vol. 4 - 1859-1869]
114. The Will of Sebastian Shoup decd June 2nd 1863
goods I give at the death of my said wife to my daughter
Elizabeth Graham.
Rem. 3rd I give and devise to my said daughter Elizabeth
Graham, fifty five (55) acres of land situate in Thomp-
-son Township, Delaware County, Ohio, adjoining land
owned by William Smith, L.S. McAllister and others, it being
the lot on which Joseph Wilson now resides; to put the
same to her use during her natural life, after which
it shall descend to her heirs.
Rem 4th I give and bequeath to my son Samuel S. Shouk,
to be sold and applied to the payment of my just debts all the
wheat, corn or other grain belonging to me at the time of
my death, except so much as may be necessary for the
present maintenance and comfort of my family.
Rem. 5th I do hereby nominate and appoint my son Samuel
S. Shouk executor of this my last will and testament, hereby
authorizing and empowering him to compromise adjust, re-
-lease and discharge in such manner as he may seem proper
the debts and claims due me.
I devise that no appraisement and no sale of my personal
property be made and that the court of Probate direct the
omission of the same in pursuance of the statute.
I hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 14th day of December in the year 1862.
(signed) Sebastian Shouk [Seal]
Signed and acknowledged by said Sebastian )
Shouk as his last will and testament in )
our presence and signed by us in his )
presence. (signed) John A. Gone )
Thos. Lavender )
James Maize )
J.A. Smith )
Copy of the testimony reduced to writing -
"The State of Ohio, Delaware County SS.
We John A. Gone, Thomas Lavender, James Maize and John A. Smith
being duly sworn in open court this 13th day of February A.D. 1863 depose
and say, that we were present at the execution of the last will and
testament of Sebastian Shouk 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
each other.
(signed) John A. Gone
Thos. Lavender
James Maize
J.A. Smith
[corresponds to labeled page 114 of Will Records Vol. 4 - 1859-1869]
114. The Will of Sebastian Shoup decd June 2nd 1863
goods I give at the death of my said wife to my daughter
Elizabeth Graham.
Rem. 3rd I give and devise to my said daughter Elizabeth
Graham, fifty five (55) acres of land situate in Thomp-
-son Township, Delaware County, Ohio, adjoining land
owned by William Smith, L.S. McAllister and others, it being
the lot on which Joseph Wilson now resides; to put the
same to her use during her natural life, after which
it shall descend to her heirs.
Rem 4th I give and bequeath to my son Samuel S. Shouk,
to be sold and applied to the payment of my just debts all the
wheat, corn or other grain belonging to me at the time of
my death, except so much as may be necessary for the
present maintenance and comfort of my family.
Rem. 5th I do hereby nominate and appoint my son Samuel
S. Shouk executor of this my last will and testament, hereby
authorizing and empowering him to compromise adjust, re-
-lease and discharge in such manner as he may seem proper
the debts and claims due me.
I devise that no appraisement and no sale of my personal
property be made and that the court of Probate direct the
omission of the same in pursuance of the statute.
I hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 14th day of December in the year 1862.
(signed) Sebastian Shouk [Seal]
Signed and acknowledged by said Sebastian )
Shouk as his last will and testament in )
our presence and signed by us in his )
presence. (signed) John A. Gone )
Thos. Lavender )
James Maize )
J.A. Smith )
Copy of the testimony reduced to writing -
"The State of Ohio, Delaware County SS.
We John A. Gone, Thomas Lavender, James Maize and John A. Smith
being duly sworn in open court this 13th day of February A.D. 1863 depose
and say, that we were present at the execution of the last will and
testament of Sebastian Shouk 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
each other.
(signed) John A. Gone
Thos. Lavender
James Maize
J.A. Smith
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 147)
Description
[page 147]
[corresponds to labeled page 115 of Will Records Vol. 4 - 1859-1869]
115
Will of Sebastian Shoup decd. June 2nd 1863
Sworn to and subscribed before me as follows, to wit: -
John A. Gone, this 13th day of February A.D. 1863
Thomas Lavender, this 19th day of February A.D. 1863
James Maize & John A. Smith, this 6th day of February A. D. 1863
T.W. Powell Probate Judge
The Record of the will of John Jones late of 44th Regt. C.b.L.
Proceedings before Thomas W. Powell judge of the Probate
court in and for the county of Delaware and the State of Ohio at his
office in the Town of Delaware on the 19th day of June
A.D. 1863
Samuel Jones, the father presented the last will
and testament of John Jones decd. And the same was duly proved
by the testimony of Thomas Cadwallader and Elizabeth Cadwallader
two of the subscribing witnesses, thereto whose testimony was reduced
to writing and filed with the will; and it appearing that the said will
was duly executed and attested, and that the testator, at the time of its
execution, was of full age, of sound mind and memory and not
under any restraint, it therefore considered and ordered
that this said will of the said John Jones late of Radnor decd, and
that the same be recorded as such, as follows, to wit: -
Copy of Will.
"This is to certify that I, John Jones son of Samuel Jones of
Radnor Township, Delaware County, Ohio do give and bequeath
to my brother Andrew Jones and sister Mary Ann Jones in equal
shares of a note of hand which given by Thomas H. Roberts of
Clark County, Ohio and now held by my father in trust for me
of three hundred dollars should I never return from the war
to which I have enlisted in the forty fourth Regiment C.B.L. Seventh
Battery, and likewise and equal shares of sixty five dollars of my
bounty I receive from the State and Clark Co. Ohio, which I
send to my father in trust for me, or my brother and sister,
should I never return back; but should I return this writing
is of no value and void.
In witness whereof I subscribe my name in presence of
two witnesses, Thomas and Elizabeth Cadwallader.
Witnesses. (signed) John Jones [Seal]
Thomas Cadwallader
Elizabeth Cadwallader Columbus August 8th 1862."
Copy of the record of the testimony, to wit:
"The State of Ohio, Delaware County, S.s.
We Thomas Cadwallader & Elizabeth Cadwallader being duly
sworn in open court this 19th day of June A.D. 1863 depose
and say, that we were present at the execution of the last will
and testament of John Jones hereto annexed; that we saw
[corresponds to labeled page 115 of Will Records Vol. 4 - 1859-1869]
115
Will of Sebastian Shoup decd. June 2nd 1863
Sworn to and subscribed before me as follows, to wit: -
John A. Gone, this 13th day of February A.D. 1863
Thomas Lavender, this 19th day of February A.D. 1863
James Maize & John A. Smith, this 6th day of February A. D. 1863
T.W. Powell Probate Judge
The Record of the will of John Jones late of 44th Regt. C.b.L.
Proceedings before Thomas W. Powell judge of the Probate
court in and for the county of Delaware and the State of Ohio at his
office in the Town of Delaware on the 19th day of June
A.D. 1863
Samuel Jones, the father presented the last will
and testament of John Jones decd. And the same was duly proved
by the testimony of Thomas Cadwallader and Elizabeth Cadwallader
two of the subscribing witnesses, thereto whose testimony was reduced
to writing and filed with the will; and it appearing that the said will
was duly executed and attested, and that the testator, at the time of its
execution, was of full age, of sound mind and memory and not
under any restraint, it therefore considered and ordered
that this said will of the said John Jones late of Radnor decd, and
that the same be recorded as such, as follows, to wit: -
Copy of Will.
"This is to certify that I, John Jones son of Samuel Jones of
Radnor Township, Delaware County, Ohio do give and bequeath
to my brother Andrew Jones and sister Mary Ann Jones in equal
shares of a note of hand which given by Thomas H. Roberts of
Clark County, Ohio and now held by my father in trust for me
of three hundred dollars should I never return from the war
to which I have enlisted in the forty fourth Regiment C.B.L. Seventh
Battery, and likewise and equal shares of sixty five dollars of my
bounty I receive from the State and Clark Co. Ohio, which I
send to my father in trust for me, or my brother and sister,
should I never return back; but should I return this writing
is of no value and void.
In witness whereof I subscribe my name in presence of
two witnesses, Thomas and Elizabeth Cadwallader.
Witnesses. (signed) John Jones [Seal]
Thomas Cadwallader
Elizabeth Cadwallader Columbus August 8th 1862."
Copy of the record of the testimony, to wit:
"The State of Ohio, Delaware County, S.s.
We Thomas Cadwallader & Elizabeth Cadwallader being duly
sworn in open court this 19th day of June A.D. 1863 depose
and say, that we were present at the execution of the last will
and testament of John Jones hereto annexed; that we saw
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 148)
Description
[page 148]
[corresponds to labeled page 116 of Will Records Vol. 4 - 1859-1869]
The Will of John Jones decd June 19th 1863
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.
(signed) Thomas Cadwallader
Elizabeth Cadwallader
Sworn to and subscribed before me this 19th day of June A.D. 1863
T.W. Powell Probate Judge
The Record of the will of Thomas H. Eldridge decd.
Proceedings had before Thomas W. Powell judge of the Probate
Court in and for the county of Delaware and the state of Ohio, at his
office in the Town of Delaware on this 26th day of June AD 1863
This day Mrs. Eliza Eldridge the widow presented the
will and testament of her late husband Thomas H. Eldridge depose
and demanded that the same be proved and admitted to record
and the testimony of Nathan Dustin one of the witnesses that
having been taken in open court on the 10th inst; and sworn the
testimony of Henry Hodgden the other witnesses being duly taken
and reduced to writing now on file with the said will. And it
appearing that the said will was duly executed and attended; and that
the testator at the time of its execution was of full age, and
of sound mind and memory, and not under any restraint
it is thereupon considered and ordered that the said will be
considered and admitted as proved, as the last will and testament
of the said Thomas H. Eldridge, and as such ordered to be
recorded.
Thereupon the said Eliza Eldridge widow of the said Thomas
H. Eldridge decd. appeared in court and applied to make her
election to take or not to take under the said will; and the court
explained to her the provision of the said will, her rights under
and by law, in the event of her refusal to take under the will
therefore the said widow declared her election to me, to take under
the said will. Which will is as follows, to wit:-
Copy of the Will,-
" I Thomas H. Eldridge being in feeble heath, but of sound
minds do make and publish this my last will and testament
revoking any and all former wills made by me at any former
time.
Item 1st. I give and bequeath unto my beloved wife Eliza
Eldridge the use, control and occupancy of the house and
lot I own in the village of Galena being lot No. 17.
Also a field of about nine acres in Range 17. Township 4
Section 4, Lots 21-22.U.S.M.Survey; bounded on the south by
public road; east by B. Brown's land; north and west by Big Walnut
[corresponds to labeled page 116 of Will Records Vol. 4 - 1859-1869]
The Will of John Jones decd June 19th 1863
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.
(signed) Thomas Cadwallader
Elizabeth Cadwallader
Sworn to and subscribed before me this 19th day of June A.D. 1863
T.W. Powell Probate Judge
The Record of the will of Thomas H. Eldridge decd.
Proceedings had before Thomas W. Powell judge of the Probate
Court in and for the county of Delaware and the state of Ohio, at his
office in the Town of Delaware on this 26th day of June AD 1863
This day Mrs. Eliza Eldridge the widow presented the
will and testament of her late husband Thomas H. Eldridge depose
and demanded that the same be proved and admitted to record
and the testimony of Nathan Dustin one of the witnesses that
having been taken in open court on the 10th inst; and sworn the
testimony of Henry Hodgden the other witnesses being duly taken
and reduced to writing now on file with the said will. And it
appearing that the said will was duly executed and attended; and that
the testator at the time of its execution was of full age, and
of sound mind and memory, and not under any restraint
it is thereupon considered and ordered that the said will be
considered and admitted as proved, as the last will and testament
of the said Thomas H. Eldridge, and as such ordered to be
recorded.
Thereupon the said Eliza Eldridge widow of the said Thomas
H. Eldridge decd. appeared in court and applied to make her
election to take or not to take under the said will; and the court
explained to her the provision of the said will, her rights under
and by law, in the event of her refusal to take under the will
therefore the said widow declared her election to me, to take under
the said will. Which will is as follows, to wit:-
Copy of the Will,-
" I Thomas H. Eldridge being in feeble heath, but of sound
minds do make and publish this my last will and testament
revoking any and all former wills made by me at any former
time.
Item 1st. I give and bequeath unto my beloved wife Eliza
Eldridge the use, control and occupancy of the house and
lot I own in the village of Galena being lot No. 17.
Also a field of about nine acres in Range 17. Township 4
Section 4, Lots 21-22.U.S.M.Survey; bounded on the south by
public road; east by B. Brown's land; north and west by Big Walnut
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 149)
Description
[page 149]
[corresponds to labeled page 117 of Will Records Vol. 4 - 1859-1869]
The Will of Thomas H. Eldridge decd. June 26th 1863
creek; after the decease of my said wife Eliza, all of said real
estate to be equally divded among all my children, if any
shall die before that time, such child's share to go to its legal
representative.
Item 2nd. I give and bequeath all my personal property, this to
include all claims due me, to my said wife she to cause
all legal demands against my estate to be fully paid out
of the same, the balanse to be for her own use and benefit.
Item 3rd. I nominate and appoint my beloved wife executrix
of this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 21st day of November 1862.
Signed, sealed and acknowledged by ) /signed/ T.H.Eldridge [Seal]
said Thomas H. Eldridge as his )
last will and testament in our )
presence (signed) Henry Hodgden )
Nathan Dustin. )
Copy and record of the testimony to wit:-
" We Henry Hodgden and Nathan Dustin being duly sworn in
open court this 10th day of June AD. 1863 depose and say that we
were present at the execution of the last will and testament of
Thomas H. Eldridge 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 this request and in his presence,
and in the presence of each other.
signed, Henry Hodgden
Nathan Dustin
Sworn to and subscribed before me, and Nathan Dustin on 10th
day of June 1863 and Henry Hodgden on the 26th day of the same month.
T.W. Powell Probate Judge
[corresponds to labeled page 117 of Will Records Vol. 4 - 1859-1869]
The Will of Thomas H. Eldridge decd. June 26th 1863
creek; after the decease of my said wife Eliza, all of said real
estate to be equally divded among all my children, if any
shall die before that time, such child's share to go to its legal
representative.
Item 2nd. I give and bequeath all my personal property, this to
include all claims due me, to my said wife she to cause
all legal demands against my estate to be fully paid out
of the same, the balanse to be for her own use and benefit.
Item 3rd. I nominate and appoint my beloved wife executrix
of this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 21st day of November 1862.
Signed, sealed and acknowledged by ) /signed/ T.H.Eldridge [Seal]
said Thomas H. Eldridge as his )
last will and testament in our )
presence (signed) Henry Hodgden )
Nathan Dustin. )
Copy and record of the testimony to wit:-
" We Henry Hodgden and Nathan Dustin being duly sworn in
open court this 10th day of June AD. 1863 depose and say that we
were present at the execution of the last will and testament of
Thomas H. Eldridge 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 this request and in his presence,
and in the presence of each other.
signed, Henry Hodgden
Nathan Dustin
Sworn to and subscribed before me, and Nathan Dustin on 10th
day of June 1863 and Henry Hodgden on the 26th day of the same month.
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 150)
Description
[page 150]
[corresponds to labeled page 118 of Will Records Vol. 4 - 1859-1869]
Will of Minerva Benton decd July 2nd 1863
Record of the will of Minerva Benton decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the Town of Delaware, on the 2nd day
of July A.D. 1863
On the 23rd day of June last passed, the will of Minerva
Benton
late of the said county decd was presented for Probate and record
and thereupon Judson R. Benton one of the witnesses thereto []
into court, and was duly sworn and examined and his test-
-imony was reduced to writing and filed; and afterwards on
this day came into court Walter T. Watson the other witness
thereto, who was also duly sworn and examined and his testimony
was also reduced to writing and filed; and thereupon the court
upon consideration find that the said will was duly executed and
attested, and that the said testatrix at the time of its execution was
of full age and sound mind and memory and not under any
restraint, it is therefore ordered that the said will is duly proved
and admitted to probate; and ordered to be recorded as the
last will and testament of the said Minerva Benton decd,
Copy of the Will
" In the name of the Benevolent Father of all.
I, Minerva Benton being of sound mind and memory
make and publish this my last will and testament.
1st It is my will that all my just debts be paid.
2nd It is my will that my son Merlin Benton have my
piece of land at $20 dollars per acre.
3rd. That my son Merlin Benton sell, at private sale for
the best price he can obtain, my 13 head of sheep.
4th That my two beds and bedding and my wearing apparel
be divided by my son Merlin Benton equally between my son
Orson Benton & my daughter Mary Pennington.
5th That my son Hiram Benton have my stand.
6th That my son Merlin Benton pays off all my just debts, funeral
expenses and buy for me a set of tombstones; also that he pay off
a certain debt due Mrs. Shadrack of Franklin County from
my daughter Rosey Benton, out of the proceeds of my land and
the sale of my sheep.
7th And after paying all the debts above mentioned that the
balance that may remain in his hands of the proceeds
of the land and the sale of said sheep, he equally divide
between my sons Merlin, Hiram and Orson and my daughter Mary
Pennington. May 13. 1863 (signed) Minerva Benton [Seal]
Signed by us at the request of the
testator and in her presence and in
the presence of each other.
(signed) W.T. Watson
Judson N. Benton
Copy of the Record of the testimony.
[corresponds to labeled page 118 of Will Records Vol. 4 - 1859-1869]
Will of Minerva Benton decd July 2nd 1863
Record of the will of Minerva Benton decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the Town of Delaware, on the 2nd day
of July A.D. 1863
On the 23rd day of June last passed, the will of Minerva
Benton
late of the said county decd was presented for Probate and record
and thereupon Judson R. Benton one of the witnesses thereto []
into court, and was duly sworn and examined and his test-
-imony was reduced to writing and filed; and afterwards on
this day came into court Walter T. Watson the other witness
thereto, who was also duly sworn and examined and his testimony
was also reduced to writing and filed; and thereupon the court
upon consideration find that the said will was duly executed and
attested, and that the said testatrix at the time of its execution was
of full age and sound mind and memory and not under any
restraint, it is therefore ordered that the said will is duly proved
and admitted to probate; and ordered to be recorded as the
last will and testament of the said Minerva Benton decd,
Copy of the Will
" In the name of the Benevolent Father of all.
I, Minerva Benton being of sound mind and memory
make and publish this my last will and testament.
1st It is my will that all my just debts be paid.
2nd It is my will that my son Merlin Benton have my
piece of land at $20 dollars per acre.
3rd. That my son Merlin Benton sell, at private sale for
the best price he can obtain, my 13 head of sheep.
4th That my two beds and bedding and my wearing apparel
be divided by my son Merlin Benton equally between my son
Orson Benton & my daughter Mary Pennington.
5th That my son Hiram Benton have my stand.
6th That my son Merlin Benton pays off all my just debts, funeral
expenses and buy for me a set of tombstones; also that he pay off
a certain debt due Mrs. Shadrack of Franklin County from
my daughter Rosey Benton, out of the proceeds of my land and
the sale of my sheep.
7th And after paying all the debts above mentioned that the
balance that may remain in his hands of the proceeds
of the land and the sale of said sheep, he equally divide
between my sons Merlin, Hiram and Orson and my daughter Mary
Pennington. May 13. 1863 (signed) Minerva Benton [Seal]
Signed by us at the request of the
testator and in her presence and in
the presence of each other.
(signed) W.T. Watson
Judson N. Benton
Copy of the Record of the testimony.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 151)
Description
[page 151]
[corresponds to labeled page 119 of Will Records Vol. 4 - 1859-1869]
Will of Minerva Benton decd. July 2nd 1863
The State of Ohio, Delaware County S.s.
We Walter T. Watson and Judson R. Benton being duly
sworn in open court this 23rd day of June A.D. 1863
depose and say that we were present at the execution of the
last will and testament of Minerva Benton 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 full age and of sound mind and memory, and not
under any restraint and that we signed the same as wit-
-nesses at her request and in her presence and in the presence
of each other. (signed) W.T. Watson
Judson R. Benton
Sworn to and subscribed before me this 23d day of June AD. 1863
as to Judson R. Benton and on this 2d day of July AD 1863 as
to Walter T. Watson. T.W. Powell Probate Judge
Record of the will of Sophia Hovey decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of July A.D. 1863.
This day Mr. Leonard R. Tuttle and Emily A. Tuttle his wife
presented the last will and testament of Mrs. Sophia Hovey late
of Delaware decd. and demanded that the same be proved
and admitted to record; and thereupon Manley D. Covell, Len-
-nie P. Covell and James Eaton the three subscribing witnesses
thereto, appeared in court and were duly sworn, examined and
testified whose testimony was reduced to writing and filed with
the said will; and it appearing to the Court, that the said will
was duly executed and attested, and that the said testatrix at the
time of its execution was of full age, of sound mind and
memory and not under any restraint, it is considered and
ordered that the said will is duly proved and admitted to Probate
and recorded as such; which is as follows, to wit:-
Copy of the Will.
" I Sohpia Hovey of Delaware, Delaware County, State of Ohio
being of sound and disposing mind, memory and understanding, do
make, publish and declare this to be my last will & testament,
hereby revoking and making null and void all former last wills and
testaments and writing in the nature of last will and testaments by
me heretofore made.
My will is first. - that my funeral charges and just debts be
paid by my executor and executrix hereinafter named.
The residue of my estate & property which shall not be required
for the payments of my just debts, funeral charges and expenses
[corresponds to labeled page 119 of Will Records Vol. 4 - 1859-1869]
Will of Minerva Benton decd. July 2nd 1863
The State of Ohio, Delaware County S.s.
We Walter T. Watson and Judson R. Benton being duly
sworn in open court this 23rd day of June A.D. 1863
depose and say that we were present at the execution of the
last will and testament of Minerva Benton 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 full age and of sound mind and memory, and not
under any restraint and that we signed the same as wit-
-nesses at her request and in her presence and in the presence
of each other. (signed) W.T. Watson
Judson R. Benton
Sworn to and subscribed before me this 23d day of June AD. 1863
as to Judson R. Benton and on this 2d day of July AD 1863 as
to Walter T. Watson. T.W. Powell Probate Judge
Record of the will of Sophia Hovey decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of July A.D. 1863.
This day Mr. Leonard R. Tuttle and Emily A. Tuttle his wife
presented the last will and testament of Mrs. Sophia Hovey late
of Delaware decd. and demanded that the same be proved
and admitted to record; and thereupon Manley D. Covell, Len-
-nie P. Covell and James Eaton the three subscribing witnesses
thereto, appeared in court and were duly sworn, examined and
testified whose testimony was reduced to writing and filed with
the said will; and it appearing to the Court, that the said will
was duly executed and attested, and that the said testatrix at the
time of its execution was of full age, of sound mind and
memory and not under any restraint, it is considered and
ordered that the said will is duly proved and admitted to Probate
and recorded as such; which is as follows, to wit:-
Copy of the Will.
" I Sohpia Hovey of Delaware, Delaware County, State of Ohio
being of sound and disposing mind, memory and understanding, do
make, publish and declare this to be my last will & testament,
hereby revoking and making null and void all former last wills and
testaments and writing in the nature of last will and testaments by
me heretofore made.
My will is first. - that my funeral charges and just debts be
paid by my executor and executrix hereinafter named.
The residue of my estate & property which shall not be required
for the payments of my just debts, funeral charges and expenses
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 152)
Description
[page 152]
[corresponds to labeled page 120 of Will Records Vol. 4 - 1859-1869]
Will of Sophia Hovey decd. July 11th 1863
attending the execution of this my will, I give, devise
and dispose of as follows, to wit:-
1st I give and bequeath to my sister Emily Howe all my house
hold furnature, clothing beds & bedding & bedsteads; also all my
right, title & estate coming to me from my deceased mothers
estate. And
I further give and bequeath to my said sister Emily Howe the use
and benefit of all my other property and estates, both real and
personal or mixed to her use and benefit during her natural
life, to use, controle & manage for her benefit all rents
from real estate or interest from money invested or lent
on bonds or mortgages.
2nd I give and bequeath to Emily A. Tuttle daughter of my said
sister Emily Howe & wife of Leonard R. Tuttle of the city of
Springfield, Clark County, Ohio all my interest or claim in two
half in Lots No. 46 Original No. in James Lowry's addition
to said City of Springfield, Clark County, Ohio aforesaid, in consideration
of which she is to pay to Prudence Hudson, Pamelia Tibbets, Maria
G. McElroy & Sarah W. Davis the legacies hereinafter mentioned and
bequeath to them, which bequests to said parties or legatees are
more fully described herein as to their location & husband's names
3d. I give and bequeath to the before named Prudence Hudson
________ of Milwaukee City, Wisconsin the sum of two
hundred dollars.
4th I give and bequeath to Pamelia Tibbets wife of Calvin G. Tibbets
of the City of Cleveland, Ohio the sum of fifty dollars.
5th I give and bequeath to my siter Maria G. McElroy wife of John
McElroy of Delaware, Delaware County, Ohio the sum of fifty dollars.
6th I give and bequeath to my sister Sarah W. Davis wife of William
Davis of Delaware, Delaware County, Ohio, the sum of fifty dollars; the
four last items refer to the amount to be paid by Emily A. Tuttle
mentioned in item No. 2 in this will.
7th I give and bequeath to my brother Henry Blinn of Stratford,
Delaware County, Ohio, the sum of one hundred and seventy five
dollars, being my part of certain notes given by Charles H. Boardman
to myself and my sister Emily Howe & secured by mortgage, reference
to paid notes & mortgage for the amount of money & descriptions of
previous mortgages.
8th I give and bequeath to Milo G. McElroy son of my sister Maria G.
McElroy of Delaware, Ohio, my house & Lot in the Town of Delaware
Delaware County, State of Ohio, being the east part of my Lot No. 54 in
said town.
9. It is my intention and will that none of the foregoing legacies
and bequests, excepting those to my sister Emily Lowe be paid by
my said executor and executrix, or received by any of the legatees
until after the death of my said Sister Emily Howe.
And I do nominate and appoint the before named
Leonard R. Tuttle & his wife Emily A. Tuttle to be the sole executor
[corresponds to labeled page 120 of Will Records Vol. 4 - 1859-1869]
Will of Sophia Hovey decd. July 11th 1863
attending the execution of this my will, I give, devise
and dispose of as follows, to wit:-
1st I give and bequeath to my sister Emily Howe all my house
hold furnature, clothing beds & bedding & bedsteads; also all my
right, title & estate coming to me from my deceased mothers
estate. And
I further give and bequeath to my said sister Emily Howe the use
and benefit of all my other property and estates, both real and
personal or mixed to her use and benefit during her natural
life, to use, controle & manage for her benefit all rents
from real estate or interest from money invested or lent
on bonds or mortgages.
2nd I give and bequeath to Emily A. Tuttle daughter of my said
sister Emily Howe & wife of Leonard R. Tuttle of the city of
Springfield, Clark County, Ohio all my interest or claim in two
half in Lots No. 46 Original No. in James Lowry's addition
to said City of Springfield, Clark County, Ohio aforesaid, in consideration
of which she is to pay to Prudence Hudson, Pamelia Tibbets, Maria
G. McElroy & Sarah W. Davis the legacies hereinafter mentioned and
bequeath to them, which bequests to said parties or legatees are
more fully described herein as to their location & husband's names
3d. I give and bequeath to the before named Prudence Hudson
________ of Milwaukee City, Wisconsin the sum of two
hundred dollars.
4th I give and bequeath to Pamelia Tibbets wife of Calvin G. Tibbets
of the City of Cleveland, Ohio the sum of fifty dollars.
5th I give and bequeath to my siter Maria G. McElroy wife of John
McElroy of Delaware, Delaware County, Ohio the sum of fifty dollars.
6th I give and bequeath to my sister Sarah W. Davis wife of William
Davis of Delaware, Delaware County, Ohio, the sum of fifty dollars; the
four last items refer to the amount to be paid by Emily A. Tuttle
mentioned in item No. 2 in this will.
7th I give and bequeath to my brother Henry Blinn of Stratford,
Delaware County, Ohio, the sum of one hundred and seventy five
dollars, being my part of certain notes given by Charles H. Boardman
to myself and my sister Emily Howe & secured by mortgage, reference
to paid notes & mortgage for the amount of money & descriptions of
previous mortgages.
8th I give and bequeath to Milo G. McElroy son of my sister Maria G.
McElroy of Delaware, Ohio, my house & Lot in the Town of Delaware
Delaware County, State of Ohio, being the east part of my Lot No. 54 in
said town.
9. It is my intention and will that none of the foregoing legacies
and bequests, excepting those to my sister Emily Lowe be paid by
my said executor and executrix, or received by any of the legatees
until after the death of my said Sister Emily Howe.
And I do nominate and appoint the before named
Leonard R. Tuttle & his wife Emily A. Tuttle to be the sole executor
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 153)
Description
[page 153]
[corresponds to labeled page 121 of Will Records Vol. 4 - 1859-1869]
Will of Sophia Hovey decd. July 11th 1863
and executrix of this my last will and testament.
In testimony whereof I the said Sophia Hovey, have
hereunto subscribed my name and affixed my seal this 6th
day of June A.D. 1863
signed, sealed and declared by said (signed) Sophia Hovey [Seal]
Sophia Hovey to be her last will
and testament in presence of us, who
at her request and in her presence
have subscribed our names as
witnesses hereto in the presence of
each other. (signed) Manley D. Covell
Lennie P. Covell
James Eaton
The following is a copy and record of the testimony.
The State of Ohio, Delaware County S.s.
We Manley D. Covell, Lennie P. Covell and James Eaton being
duly sworn in open court this 11th day of July A.D. 1863, depose and
say, that we were present at the execution of the last will and testament
of Sophia Hovey hereto annexed, that we saw the said testatrix sub-
=scribe 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, also 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] Manly D. Covell
Lennie P. Covell
James Eaton
Sworn to and subscribed before me this 11th day of July A.D. 1863.
T. W. Powell Probate Judge
[corresponds to labeled page 121 of Will Records Vol. 4 - 1859-1869]
Will of Sophia Hovey decd. July 11th 1863
and executrix of this my last will and testament.
In testimony whereof I the said Sophia Hovey, have
hereunto subscribed my name and affixed my seal this 6th
day of June A.D. 1863
signed, sealed and declared by said (signed) Sophia Hovey [Seal]
Sophia Hovey to be her last will
and testament in presence of us, who
at her request and in her presence
have subscribed our names as
witnesses hereto in the presence of
each other. (signed) Manley D. Covell
Lennie P. Covell
James Eaton
The following is a copy and record of the testimony.
The State of Ohio, Delaware County S.s.
We Manley D. Covell, Lennie P. Covell and James Eaton being
duly sworn in open court this 11th day of July A.D. 1863, depose and
say, that we were present at the execution of the last will and testament
of Sophia Hovey hereto annexed, that we saw the said testatrix sub-
=scribe 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, also 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] Manly D. Covell
Lennie P. Covell
James Eaton
Sworn to and subscribed before me this 11th day of July A.D. 1863.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 154)
Description
[page 154]
[corresponds to labeled page 122 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Heaslett decd August 8, 1863
Proceedings had before Thomas W. Powell Probate Judge
in and for the County of Delaware and State of Ohio at his
office in the town of Delaware on the 8th day of August
A.D. 1863.
This day Harvey Heaslett presented the last will and
testament of John Heaslett late of this county and for
Probate and record, and therefore Daniel Maxwell and
Robert Ferguson the subscribing witnesses to the last will appeared
in open court, and were duly sworn and examined, and their
testimony reduced to writing and filed with the said will and
it appearing to the Court, that the said will was duly executed
attested, and that the said testator at the time of its execution
was of full age, of sound mind and memory and not under
any restraint, it is now considered and ordered that the
said will is duly proved and admitted to Probate, and ordered to
be recorded as the last will and testament of the said John
Heaslett dec'. And thereupon Nancy Heaslett the widow of the
said testator appeared in Court, and upon her rights of interest
the will and by law without the will, being fully made known and
explained to her, declared that she chose and elected to take
the will. Which will is as follows to wit:
Copy of the Will.
I John Heaslett am through the blessing of devine
Providence in sound mind of a retentive memory and
the enjoyment of my usual health, but as I am in
the decline of life and wishing to settle my earthly concerns
before I go the way of all the earth; do make and publish this
my last will and testament. Item 1st. I bequeath to my wife
Nancy Heaslett, if she should be a longer liver than myself
(in lieu of dower) the controle of my real estate which is the
farm I now live on, controle so far at least as will give
her a comfortable living for herself and one horse, and to live
in my dwelling house. Item 2nd. I will and bequeath to
Harvey Heaslett and his heirs forever on the following con-
=ditions - he must pay six hundred dollars to his three sisters
or their heirs as the case may be - the one half to be paid
two years after my death, the other half three years after my death
in proportion to their claims.
Item 3rd. It is my will that the six hundred dollars that is named
in Item 2 that Harvey Heaslett is to pay out of the farm to his
sisters, be divided in the following way: - to Caroline Matear one
hundred dollars; to John Johnson twenty five dollars; to Morgan Johnson
twenty five dollars, and to Mary Ann Thurston fifty dollars, thus
divided makes two hundred to my daughter Cicelia Johnson's
heirs, her four children that she left - herself being some time
past deceased. To my next oldest daughter Mary Ann Potter
two hundred dollars. To my next oldest and last daughter
[corresponds to labeled page 122 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Heaslett decd August 8, 1863
Proceedings had before Thomas W. Powell Probate Judge
in and for the County of Delaware and State of Ohio at his
office in the town of Delaware on the 8th day of August
A.D. 1863.
This day Harvey Heaslett presented the last will and
testament of John Heaslett late of this county and for
Probate and record, and therefore Daniel Maxwell and
Robert Ferguson the subscribing witnesses to the last will appeared
in open court, and were duly sworn and examined, and their
testimony reduced to writing and filed with the said will and
it appearing to the Court, that the said will was duly executed
attested, and that the said testator at the time of its execution
was of full age, of sound mind and memory and not under
any restraint, it is now considered and ordered that the
said will is duly proved and admitted to Probate, and ordered to
be recorded as the last will and testament of the said John
Heaslett dec'. And thereupon Nancy Heaslett the widow of the
said testator appeared in Court, and upon her rights of interest
the will and by law without the will, being fully made known and
explained to her, declared that she chose and elected to take
the will. Which will is as follows to wit:
Copy of the Will.
I John Heaslett am through the blessing of devine
Providence in sound mind of a retentive memory and
the enjoyment of my usual health, but as I am in
the decline of life and wishing to settle my earthly concerns
before I go the way of all the earth; do make and publish this
my last will and testament. Item 1st. I bequeath to my wife
Nancy Heaslett, if she should be a longer liver than myself
(in lieu of dower) the controle of my real estate which is the
farm I now live on, controle so far at least as will give
her a comfortable living for herself and one horse, and to live
in my dwelling house. Item 2nd. I will and bequeath to
Harvey Heaslett and his heirs forever on the following con-
=ditions - he must pay six hundred dollars to his three sisters
or their heirs as the case may be - the one half to be paid
two years after my death, the other half three years after my death
in proportion to their claims.
Item 3rd. It is my will that the six hundred dollars that is named
in Item 2 that Harvey Heaslett is to pay out of the farm to his
sisters, be divided in the following way: - to Caroline Matear one
hundred dollars; to John Johnson twenty five dollars; to Morgan Johnson
twenty five dollars, and to Mary Ann Thurston fifty dollars, thus
divided makes two hundred to my daughter Cicelia Johnson's
heirs, her four children that she left - herself being some time
past deceased. To my next oldest daughter Mary Ann Potter
two hundred dollars. To my next oldest and last daughter
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 155)
Description
[page 155]
[corresponds to labeled page 123 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Heaslett dec' Aug. 8th 1863.
Nancy Heaslett two hundred dollars- thus divided makes
the six hundred named in item 2 as above
Item 4th. It is my will that as my daughter Nancy Heaslett
is not now married that she shall have a home in my
dwelling house, and one horse kept on the farm free of
cost so long as she remains single and unmarried.
Item 5th. In addition to what I have left to my wife Nancy
Heaslett in item 1st I bequeath to her all my house hold
goods and furniture to her own disposal.
Item 6th. I wish all my just debts paid after which whatever
of my personal property be left either of money obligations or
valuables of any kind to be equally divided amongst my four
children Cicelia being due her fourth part to her children
the other parts of my personal property not named in other items
of this will to go to my daughter Mary Ann Potter, Harvey
Heaslett and Nancy Heaslett. Item 7th. I give my farm-
=ing utensils to my son Harvey Heaslett and his heirs, and
with him to have immediate possession of my farm so long
as he complies with other items in this will, and now hop-
=ing that all to whom I have devised any thing in this will
that they will be satisfied and live in peace with each other and
their God, without controversy in law. Item 8th. I do
hereby appoint my son Harvey Heaslett as executor of this
my last will and testament.
In testimony whereof I have hereunto set my hand and affixed
my seal this 11th day of June 1857. (Signed) John Heaslett [Seal]
Signed and sealed by John Heaslett in presence of us and
signed by us as witnesses by his request in his presence
(Signed) Robert Ferguson,
Daniel Maxwell.
Copy of the testimony as reduced to writing. to wit: -
The State of Ohio, Delaware County SS.
We Robert Ferguson and Daniel Maxwell being duly sworn
in open court this 8th day of August A.D. 1863, depose and say
that we were present at the execution of the last will and testament
of John Heaslett hereto annexed; that we saw said testator subscribe
said will, and heard him publish and declare the same to be his
last will and testament, and that the said testator at the time of
executing the same was of full age, and of sound mind and
memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other. (Signed) Daniel Maxwell
Robert Ferguson
Sworn to and subscribed before me this 8th day of August A.D. 1863
T. W. Powell Probate Judge
[corresponds to labeled page 123 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Heaslett dec' Aug. 8th 1863.
Nancy Heaslett two hundred dollars- thus divided makes
the six hundred named in item 2 as above
Item 4th. It is my will that as my daughter Nancy Heaslett
is not now married that she shall have a home in my
dwelling house, and one horse kept on the farm free of
cost so long as she remains single and unmarried.
Item 5th. In addition to what I have left to my wife Nancy
Heaslett in item 1st I bequeath to her all my house hold
goods and furniture to her own disposal.
Item 6th. I wish all my just debts paid after which whatever
of my personal property be left either of money obligations or
valuables of any kind to be equally divided amongst my four
children Cicelia being due her fourth part to her children
the other parts of my personal property not named in other items
of this will to go to my daughter Mary Ann Potter, Harvey
Heaslett and Nancy Heaslett. Item 7th. I give my farm-
=ing utensils to my son Harvey Heaslett and his heirs, and
with him to have immediate possession of my farm so long
as he complies with other items in this will, and now hop-
=ing that all to whom I have devised any thing in this will
that they will be satisfied and live in peace with each other and
their God, without controversy in law. Item 8th. I do
hereby appoint my son Harvey Heaslett as executor of this
my last will and testament.
In testimony whereof I have hereunto set my hand and affixed
my seal this 11th day of June 1857. (Signed) John Heaslett [Seal]
Signed and sealed by John Heaslett in presence of us and
signed by us as witnesses by his request in his presence
(Signed) Robert Ferguson,
Daniel Maxwell.
Copy of the testimony as reduced to writing. to wit: -
The State of Ohio, Delaware County SS.
We Robert Ferguson and Daniel Maxwell being duly sworn
in open court this 8th day of August A.D. 1863, depose and say
that we were present at the execution of the last will and testament
of John Heaslett hereto annexed; that we saw said testator subscribe
said will, and heard him publish and declare the same to be his
last will and testament, and that the said testator at the time of
executing the same was of full age, and of sound mind and
memory and not under any restraint, and that we signed
the same as witnesses at his request and in his presence
and in the presence of each other. (Signed) Daniel Maxwell
Robert Ferguson
Sworn to and subscribed before me this 8th day of August A.D. 1863
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 156)
Description
[page 156]
[corresponds to labeled page 124 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Everhart Folk dec' August 15, 1863
Proceedings had before Thomas W. Powell judge of
Probate Court in and for the County of Delaware and State
of Ohio, at his office in the Town of Delaware
the 15th day of August A.D. 1863.
The last will and testament of Everhart Folk late of
[Jour. 2. 230. in Margin]
Genoa Township in this County dec'. was produced in
Court for probate and record on the 29th day of July last
and thereupon came into Court Jacob Adams one of the
subscribing witnesses to the said will, who was duly sworn
and examined and his testimony reduced to writing and
filed with the will; and thereupon, and it appearing that George
W. Wells (the other subscribing witness to the will) was sick and
unable to attend this court, a commission was issued to
Alfred McLeod Esq of Genoa Township to take the testimony
of the said George W. Wells by a deposition in writing and report
the same to this court with the testimony of the Said Wells reduced
to writing; and now upon consideration thereof, and it ap-
=pearing to the court that the said will was duly executed and
attested and that the testator at the time of execution
was of full age of sound mind and memory and not
under any restraint, it is ordered that the said will be
duly proved and admitted to probate; and ordered to be
recorded as the last will & testament of the said Everhart Folk
deceased; which will is as follows, to wit: -
Copy of the Will.
Genoa Oct. 12th 1858.
In the name of the benevolent Father of All; I Everhart
Folk of said Township 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 I
now reside, situate in Genoa Township, Delaware County
Ohio, containing forty four acres; to have and to hold forever
and all the stock household goods, furnature, provisions
and other goods and chattles which may be then on at
the time of my decease; she however selling so much
thereof as may be sufficient to pay my just debts.
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 Oct. 1858.
Signed and acknowledged by said Everhart (Signed) Everhart Folk [Seal]
Folk as his last will and testament in
our presence and signed by us in
his presence.
(Signed) C. W. Wells
Jacob Adams
(End of the Will.)
[corresponds to labeled page 124 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Everhart Folk dec' August 15, 1863
Proceedings had before Thomas W. Powell judge of
Probate Court in and for the County of Delaware and State
of Ohio, at his office in the Town of Delaware
the 15th day of August A.D. 1863.
The last will and testament of Everhart Folk late of
[Jour. 2. 230. in Margin]
Genoa Township in this County dec'. was produced in
Court for probate and record on the 29th day of July last
and thereupon came into Court Jacob Adams one of the
subscribing witnesses to the said will, who was duly sworn
and examined and his testimony reduced to writing and
filed with the will; and thereupon, and it appearing that George
W. Wells (the other subscribing witness to the will) was sick and
unable to attend this court, a commission was issued to
Alfred McLeod Esq of Genoa Township to take the testimony
of the said George W. Wells by a deposition in writing and report
the same to this court with the testimony of the Said Wells reduced
to writing; and now upon consideration thereof, and it ap-
=pearing to the court that the said will was duly executed and
attested and that the testator at the time of execution
was of full age of sound mind and memory and not
under any restraint, it is ordered that the said will be
duly proved and admitted to probate; and ordered to be
recorded as the last will & testament of the said Everhart Folk
deceased; which will is as follows, to wit: -
Copy of the Will.
Genoa Oct. 12th 1858.
In the name of the benevolent Father of All; I Everhart
Folk of said Township 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 I
now reside, situate in Genoa Township, Delaware County
Ohio, containing forty four acres; to have and to hold forever
and all the stock household goods, furnature, provisions
and other goods and chattles which may be then on at
the time of my decease; she however selling so much
thereof as may be sufficient to pay my just debts.
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 Oct. 1858.
Signed and acknowledged by said Everhart (Signed) Everhart Folk [Seal]
Folk as his last will and testament in
our presence and signed by us in
his presence.
(Signed) C. W. Wells
Jacob Adams
(End of the Will.)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 157)
Description
[page 157]
[corresponds to labeled page 125 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Everhart Folk dec' August 15, 1863
Copy of the testimony reduced to writing -
The State of Ohio Delaware County SS.
I Jacob Adams being duly sworn in open court this 29th
day of July A.D. 1863 depose and say that we (this deponant and
George W. Wells) were present at the execution of the last will
and testament of Everhart Folk 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.
(Signed) Jacob Adams
Sworn to and subscribed before me this 29th day of July A.D. 1862
T. W. Powell Probate Judge
The State of Ohio, Delaware County SS.
To Alfred McLeod Esq
Sir.
Placing special confidence
in your integrity, You are hereby commissioned and appointed
to take the testimony of George W. Wells of Genoa Township in
this county (who is now unable to attend this court on the
account of ill health) as to the execution and publication of
the last will and testament of Everhart Folk, late of this county, dec'
which will is hereto annexed, and reduce such testimony to
writing in due form of law and return the same under your
hand and seal to this court, which will bears date the 12th day of
October 1858 and witnessed by G. W. Wells and Jacob Adams. Which
with the testimony so reduced to writing you will enclose in a
letter form under your seal to this office.
In testimony whereof I Thomas W. Powell Judge of the Probate
[Seal of ] Court have hereunto set my hand and affix the seal of said
Probate Court] Court this 29th day of July 1863.
T. W. Powell Probate Judge
To which Commission was made the following witness.
I, the within named Alfred McLeod in pursuance of the commission
of the within commission certify and return that on the thirtieth day
of July 1863 I in due form swore the said George W. Wells to testify the truth
and the whole truth in the relation to the execution and publication
of the last will & testament of Everhart Folk dec' hereto annexed and have reduced
his testimony to writing, which I herewith return to Court duly sealed up.
Witness my hand & seal this thirtieth day of July 1863.
(Seal) A. McLeod J.P. Commissioner
The State of Ohio, Delaware County SS.
I, George W. Wells of Genoa Township being duly sworn
(before me Alfred McLeod Commissioner appointed for that purpose]
this thirtieth day of July A.D. 1863, depose and say that we
(over) -
[corresponds to labeled page 125 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Everhart Folk dec' August 15, 1863
Copy of the testimony reduced to writing -
The State of Ohio Delaware County SS.
I Jacob Adams being duly sworn in open court this 29th
day of July A.D. 1863 depose and say that we (this deponant and
George W. Wells) were present at the execution of the last will
and testament of Everhart Folk 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.
(Signed) Jacob Adams
Sworn to and subscribed before me this 29th day of July A.D. 1862
T. W. Powell Probate Judge
The State of Ohio, Delaware County SS.
To Alfred McLeod Esq
Sir.
Placing special confidence
in your integrity, You are hereby commissioned and appointed
to take the testimony of George W. Wells of Genoa Township in
this county (who is now unable to attend this court on the
account of ill health) as to the execution and publication of
the last will and testament of Everhart Folk, late of this county, dec'
which will is hereto annexed, and reduce such testimony to
writing in due form of law and return the same under your
hand and seal to this court, which will bears date the 12th day of
October 1858 and witnessed by G. W. Wells and Jacob Adams. Which
with the testimony so reduced to writing you will enclose in a
letter form under your seal to this office.
In testimony whereof I Thomas W. Powell Judge of the Probate
[Seal of ] Court have hereunto set my hand and affix the seal of said
Probate Court] Court this 29th day of July 1863.
T. W. Powell Probate Judge
To which Commission was made the following witness.
I, the within named Alfred McLeod in pursuance of the commission
of the within commission certify and return that on the thirtieth day
of July 1863 I in due form swore the said George W. Wells to testify the truth
and the whole truth in the relation to the execution and publication
of the last will & testament of Everhart Folk dec' hereto annexed and have reduced
his testimony to writing, which I herewith return to Court duly sealed up.
Witness my hand & seal this thirtieth day of July 1863.
(Seal) A. McLeod J.P. Commissioner
The State of Ohio, Delaware County SS.
I, George W. Wells of Genoa Township being duly sworn
(before me Alfred McLeod Commissioner appointed for that purpose]
this thirtieth day of July A.D. 1863, depose and say that we
(over) -
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 158)
Description
[page 158]
[corresponds to labeled page 126 of Will Records Vol. 4 - 1859-1869]
Record of the will of Everhart Folk. Aug. 15th 1863
were present at the execution of the last will and testament of
Everhart Folk 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 was at
the time of executing the same was of full and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence, and in the presence of each other.
Signed G. W. Wells.
Sworn to and subscribed before me this 30th day of July
A.D. 1863. (Signed) A. McLeod J.P. Commissioner appointed
- " -
Record of the Will of Orange A. Blanchard dec'
Proceedings had before Thomas W. Powell Judge of Probate
Court in and for the County of Delaware and State of Ohio in
his office in the Town of Delaware on the 17th day of
August A.D. 1863.
The last will and testament of Orange A. Blanchard dec'
[Jour. 2. 230. - In Margin]
late of this county, was produced in Court for probate and
thereupon George Hemminger, Charles M. Fowler and Salmon
P. Scott, the subscribing witnesses to the said will, appeared in
Court, and were duly sworn and examined, and their testimony
reduced to writing and filed with the will; and now in
consideration thereof, and it appearing to the court that
the said will was duly executed and attested, and that the testa-
=tor at the time of the execution was of full age and of
sound mind and memory, and not under any restraint,
it is ordered that the said will is duly proved and admitted
probate; and ordered to be recorded as the last will and
testament of the said Orange A. Blanchard, dec'.
And thereupon Fanny M. Blanchard the widow of
the said Orange A. Blanchard dec' appeared in court and
upon her rights and interest under the will and by law and
the will being fully explained and made known to her
she chose and elected to take under the said will. Which
is as follows, to wit: -
Copy of the Will.
In the Name of God Amen.
I Orange A. Blanchard of the Township of Porter County of
Delaware and State of Ohio, being of sound mind and memory
(blessed be God for the same) do make and publish this my
last will and testament. I give and bequeath to my beloved
wife Fanny M. Blanchard all my property real and
personal during her natural life, after paying therefor
all my honest debts and funeral charges; and if there
be any property left at her decease to be divided equally
[corresponds to labeled page 126 of Will Records Vol. 4 - 1859-1869]
Record of the will of Everhart Folk. Aug. 15th 1863
were present at the execution of the last will and testament of
Everhart Folk 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 was at
the time of executing the same was of full and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at his request and in his
presence, and in the presence of each other.
Signed G. W. Wells.
Sworn to and subscribed before me this 30th day of July
A.D. 1863. (Signed) A. McLeod J.P. Commissioner appointed
- " -
Record of the Will of Orange A. Blanchard dec'
Proceedings had before Thomas W. Powell Judge of Probate
Court in and for the County of Delaware and State of Ohio in
his office in the Town of Delaware on the 17th day of
August A.D. 1863.
The last will and testament of Orange A. Blanchard dec'
[Jour. 2. 230. - In Margin]
late of this county, was produced in Court for probate and
thereupon George Hemminger, Charles M. Fowler and Salmon
P. Scott, the subscribing witnesses to the said will, appeared in
Court, and were duly sworn and examined, and their testimony
reduced to writing and filed with the will; and now in
consideration thereof, and it appearing to the court that
the said will was duly executed and attested, and that the testa-
=tor at the time of the execution was of full age and of
sound mind and memory, and not under any restraint,
it is ordered that the said will is duly proved and admitted
probate; and ordered to be recorded as the last will and
testament of the said Orange A. Blanchard, dec'.
And thereupon Fanny M. Blanchard the widow of
the said Orange A. Blanchard dec' appeared in court and
upon her rights and interest under the will and by law and
the will being fully explained and made known to her
she chose and elected to take under the said will. Which
is as follows, to wit: -
Copy of the Will.
In the Name of God Amen.
I Orange A. Blanchard of the Township of Porter County of
Delaware and State of Ohio, being of sound mind and memory
(blessed be God for the same) do make and publish this my
last will and testament. I give and bequeath to my beloved
wife Fanny M. Blanchard all my property real and
personal during her natural life, after paying therefor
all my honest debts and funeral charges; and if there
be any property left at her decease to be divided equally
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 159)
Description
[page 159]
[corresponds to labeled page 127 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Orange A. Blanchard Aug. 17, 1863.
among my dear children Louisa C. Blanchard, Hellen
F. Hess, Icavinda Blanchard heirs of my body.
I do nominate and appoint my beloved wife Fanny M.
executor of this my last will and testament.
In testimony whereof I hereunto set my hand and seal
and publish this my last will and testament in presence of
the witnesses named below; this 13th day of June A.D. 1863.
(Signed) Orange A. Blanchard [Seal]
Signed, sealed, acknowledged in
presence of George Hemminger
Charles M. Fowler
Salmon P. Scott.
[corresponds to labeled page 127 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Orange A. Blanchard Aug. 17, 1863.
among my dear children Louisa C. Blanchard, Hellen
F. Hess, Icavinda Blanchard heirs of my body.
I do nominate and appoint my beloved wife Fanny M.
executor of this my last will and testament.
In testimony whereof I hereunto set my hand and seal
and publish this my last will and testament in presence of
the witnesses named below; this 13th day of June A.D. 1863.
(Signed) Orange A. Blanchard [Seal]
Signed, sealed, acknowledged in
presence of George Hemminger
Charles M. Fowler
Salmon P. Scott.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 160)
Description
[page 160]
[corresponds to labeled page 128 of Will Records Vol. 4 - 1859-1869]
Record of the Will of James Decker dec. August 26th 1863
Thereupon Polly Decker the widow of the said James Decker
appeared in court to make her election to take or not to take
under the will; and the court having explained to her the provis
=ions of the will, her rights under it, and by law in the event
of her refusal to take under the will; and thereupon the
said widow declared her choice and election to be, to take
under the will, according to the provisions thereof, which she
understood, and which is so entered of record.
Which will is as follows, to wit: -
"I, James Decker of the County of Delaware in the State of
Ohio being of sound mind do make and publish this my last
will and testament in the 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
Polly Decker, in lieu of her dower, the plantation on which I
now reside, situate in said County of Delaware and State of Ohio
containing sixty eight acres, five chains and four links
during her natural life; and all the live stock, horses
cattle, sheep, and hogs by me now owned and kept there.
Also all the household furnature and other items not
particularly named in this will, during her natural life
aforesaid, she however first disposing of a sufficiency
to pay my just debts as aforesaid; and at the death of my
wife all the property hereby devised or bequeathed to her
aforesaid or so much thereof as may then remain and unex-
=pended shall be sold and the moneys arising therefrom
equally divided among my seven children viz: - Joseph
Decker, John Decker, Samuel Decker, James Decker, Lucinda
Smith, Sally Decker and Polly Cope, or their heirs, provided
said children or their heirs shall pay to William Dunnam, named
by me William Decker and raised in my family the sum of
twenty-five dollars.
And lastly I hereby constitute and appoint my said son
Joseph Decker and Samuel C. Weeks to be the executors of this
my last will and testament. In testimony whereof I have
hereunto set my hand and seal this eighth day of August
1863. (Signed) James Decker
Signed, published and declared by the above named James Decker
for his last will and testament in the presence of us, who at his
request have signed as witnesses to the same.
(Signed) J. N. Ross.
Jesse M. McAllister.
The following is a true copy and record of the testimony of
said witnesses as reduced to writing, to wit: -
The State of Ohio, Delaware County SS.
We Joseph N. Ross and Jesse M. McAllister being duly
[corresponds to labeled page 128 of Will Records Vol. 4 - 1859-1869]
Record of the Will of James Decker dec. August 26th 1863
Thereupon Polly Decker the widow of the said James Decker
appeared in court to make her election to take or not to take
under the will; and the court having explained to her the provis
=ions of the will, her rights under it, and by law in the event
of her refusal to take under the will; and thereupon the
said widow declared her choice and election to be, to take
under the will, according to the provisions thereof, which she
understood, and which is so entered of record.
Which will is as follows, to wit: -
"I, James Decker of the County of Delaware in the State of
Ohio being of sound mind do make and publish this my last
will and testament in the 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
Polly Decker, in lieu of her dower, the plantation on which I
now reside, situate in said County of Delaware and State of Ohio
containing sixty eight acres, five chains and four links
during her natural life; and all the live stock, horses
cattle, sheep, and hogs by me now owned and kept there.
Also all the household furnature and other items not
particularly named in this will, during her natural life
aforesaid, she however first disposing of a sufficiency
to pay my just debts as aforesaid; and at the death of my
wife all the property hereby devised or bequeathed to her
aforesaid or so much thereof as may then remain and unex-
=pended shall be sold and the moneys arising therefrom
equally divided among my seven children viz: - Joseph
Decker, John Decker, Samuel Decker, James Decker, Lucinda
Smith, Sally Decker and Polly Cope, or their heirs, provided
said children or their heirs shall pay to William Dunnam, named
by me William Decker and raised in my family the sum of
twenty-five dollars.
And lastly I hereby constitute and appoint my said son
Joseph Decker and Samuel C. Weeks to be the executors of this
my last will and testament. In testimony whereof I have
hereunto set my hand and seal this eighth day of August
1863. (Signed) James Decker
Signed, published and declared by the above named James Decker
for his last will and testament in the presence of us, who at his
request have signed as witnesses to the same.
(Signed) J. N. Ross.
Jesse M. McAllister.
The following is a true copy and record of the testimony of
said witnesses as reduced to writing, to wit: -
The State of Ohio, Delaware County SS.
We Joseph N. Ross and Jesse M. McAllister being duly
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 161)
Description
[page 161]
[corresponds to labeled page 129 of Will Records Vol. 4 - 1859-1869]
Records of the Will of James Decker decd. August 26th 1863
sworn in open court this 26th day of August A.D. 1863,
depose and say, that we were present at the execution of the
last will and testament of James Decker 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.
(signed) Joseph M. Ross.
Jesse M. McAllister.
Sworn to and subscribed before me this 26th day of
August A.D. 1863.
T.W. Powell Probate Judge
Will of Frederick Binder decd.
Proceedings before Thomas W. Powell Judge of the Probate
Court in & for the county of Delaware and State of Ohio, at his
office in the town of Delaware on this 1st day of September
A.D. 1863.
This day the last will and testament of Frederick Binder late
of this county decd., was presented to the court for probate and
records. Thereupon Frederick Waggoner, Godfrey Shock and
Frederick Shane, witnesses to the verbal will of said Frederick
Binder decd., came into court and were duly sworn
and examined, and their testimony reduced to writing; and
now annexed to the said will, and filed therewith; and it
appearing to the court that on the 29th day of July 1863, now
last past, the said Frederick Binder made his verbal will;
and it further appearing and proved by the said witnesses that
they were then called upon by the said Frederick Binder in his
presence and in the presence of each other at his residence
in East Delaware during his last sickness, to hear testimony to
his testamentary words as his last will; and that the said
testator was then of sound mind and memory, and not under
any restraint. It further appears that the said testator died
on the next day, to wit; the 30th day of July last past, and that
within ten days after speaking the said testamentary words, the
same were reduced to writing at their request by William D. Heim
to wit; on the 7th day of August last past, and then & there by
them (said witnesses) subscribed as witnesses thereto, which writing
is the one now here presented as such will. Thereupon the
court, upon consideration thereof orders that the said will be
admitted to probate as duly proven as the last will and testament
of the said Frederick Binder decd., and ordered to be recorded as
such. Thereupon Fredericka Binder the widow of the said Frederick
[corresponds to labeled page 129 of Will Records Vol. 4 - 1859-1869]
Records of the Will of James Decker decd. August 26th 1863
sworn in open court this 26th day of August A.D. 1863,
depose and say, that we were present at the execution of the
last will and testament of James Decker 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.
(signed) Joseph M. Ross.
Jesse M. McAllister.
Sworn to and subscribed before me this 26th day of
August A.D. 1863.
T.W. Powell Probate Judge
Will of Frederick Binder decd.
Proceedings before Thomas W. Powell Judge of the Probate
Court in & for the county of Delaware and State of Ohio, at his
office in the town of Delaware on this 1st day of September
A.D. 1863.
This day the last will and testament of Frederick Binder late
of this county decd., was presented to the court for probate and
records. Thereupon Frederick Waggoner, Godfrey Shock and
Frederick Shane, witnesses to the verbal will of said Frederick
Binder decd., came into court and were duly sworn
and examined, and their testimony reduced to writing; and
now annexed to the said will, and filed therewith; and it
appearing to the court that on the 29th day of July 1863, now
last past, the said Frederick Binder made his verbal will;
and it further appearing and proved by the said witnesses that
they were then called upon by the said Frederick Binder in his
presence and in the presence of each other at his residence
in East Delaware during his last sickness, to hear testimony to
his testamentary words as his last will; and that the said
testator was then of sound mind and memory, and not under
any restraint. It further appears that the said testator died
on the next day, to wit; the 30th day of July last past, and that
within ten days after speaking the said testamentary words, the
same were reduced to writing at their request by William D. Heim
to wit; on the 7th day of August last past, and then & there by
them (said witnesses) subscribed as witnesses thereto, which writing
is the one now here presented as such will. Thereupon the
court, upon consideration thereof orders that the said will be
admitted to probate as duly proven as the last will and testament
of the said Frederick Binder decd., and ordered to be recorded as
such. Thereupon Fredericka Binder the widow of the said Frederick
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 162)
Description
[page 162]
[corresponds to labeled page 130 of Will Records Vol. 4 - 1859-1869]
Records of the Will of Frederick Binder decd. Sept. 12th 1863
Binder decd. appears in court to make her election to
take or not to take under the said will; and the court
having explained to her the provisions of the will, her rights
under it and by law in the event of her refusal to take under
the will, and thereupon the said widow declared her choice
and election to be, to take under the will, according to
the provisions thereof, which she now fully understands, and
which is so entered of records.
Which will is as follows, to wit:-
"Be it known that Frederick Binder of the Township of
Delaware, in the county of Delaware and State of Ohio, being in
a low and feeble state of body but of sound mind and
memory, did on the 29th day of July A.D. 1863 call upon
the undersigned Frederick Wagoner, Godfrey Shock and
Frederick Shane to hear testimony of his will, which he
did then and there and declare as follows, to wit:-
"I know I am dying, I and my wife commenced
with nothing, and I want to give all my property to my wife
Fredericka Binder."
Which said will was reduced to writing in the presence
of the said Frederick Wagoner, Godfrey Shock, and Frederick
Shane, and by them subscribed in the presence of
each other, this 7th day of August A.D. 1863
(signed)
Freindurg Wagoner
Gottfried Schock
Fredous Vixize
Copy of the testimony
The State of Ohio
Delaware County Ss. On this 1st day of September 1863
Frederick Wagoner, Godfrey Shock and Frederick Shane came
in to court, and were duly sworn and upon their oaths say
that on the 29th day of July 1863 they were called upon by
Frederick Binder at his residence in East Delaware, in his
presence and in the presence of each other to hear testimony
to his will and desposition of his property and he was then
in his last sickness, and not expected to live. That he was
then of sound mind and memory and not under any restraint
that said Frederick Binder died the next day. That at the time
was just as stated in the visiting annexed which was reduced
to writing on the 7th day of August last past, within one week
of the death of the said Binder by William D. Heim in the proper
annexed as his will which we then subscribed as witnesses.
(signed) Freindurg Wagner
Sworn to & subscribed before me September ) Gottfried Schock
1st, 1863. T.W. Powell ) Freaders Visin
Probate Judge )
[corresponds to labeled page 130 of Will Records Vol. 4 - 1859-1869]
Records of the Will of Frederick Binder decd. Sept. 12th 1863
Binder decd. appears in court to make her election to
take or not to take under the said will; and the court
having explained to her the provisions of the will, her rights
under it and by law in the event of her refusal to take under
the will, and thereupon the said widow declared her choice
and election to be, to take under the will, according to
the provisions thereof, which she now fully understands, and
which is so entered of records.
Which will is as follows, to wit:-
"Be it known that Frederick Binder of the Township of
Delaware, in the county of Delaware and State of Ohio, being in
a low and feeble state of body but of sound mind and
memory, did on the 29th day of July A.D. 1863 call upon
the undersigned Frederick Wagoner, Godfrey Shock and
Frederick Shane to hear testimony of his will, which he
did then and there and declare as follows, to wit:-
"I know I am dying, I and my wife commenced
with nothing, and I want to give all my property to my wife
Fredericka Binder."
Which said will was reduced to writing in the presence
of the said Frederick Wagoner, Godfrey Shock, and Frederick
Shane, and by them subscribed in the presence of
each other, this 7th day of August A.D. 1863
(signed)
Freindurg Wagoner
Gottfried Schock
Fredous Vixize
Copy of the testimony
The State of Ohio
Delaware County Ss. On this 1st day of September 1863
Frederick Wagoner, Godfrey Shock and Frederick Shane came
in to court, and were duly sworn and upon their oaths say
that on the 29th day of July 1863 they were called upon by
Frederick Binder at his residence in East Delaware, in his
presence and in the presence of each other to hear testimony
to his will and desposition of his property and he was then
in his last sickness, and not expected to live. That he was
then of sound mind and memory and not under any restraint
that said Frederick Binder died the next day. That at the time
was just as stated in the visiting annexed which was reduced
to writing on the 7th day of August last past, within one week
of the death of the said Binder by William D. Heim in the proper
annexed as his will which we then subscribed as witnesses.
(signed) Freindurg Wagner
Sworn to & subscribed before me September ) Gottfried Schock
1st, 1863. T.W. Powell ) Freaders Visin
Probate Judge )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 163)
Description
[page 163]
[corresponds to labeled page 131 of Will Records Vol. 4 - 1859-1869]
Records of the Will of John Cummings decd. October 17th 1863
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 17th day of October A.D.
1863.
This day the last will and testament of John Cummings
late of this county decd. was presented to this court for probate
and records. Thereupon John W. Ladd and John S. Justice
witnesses to the said will came into court, were duly sworn
and examined, and their testimony reduced to writing; and
now annexed to the said will and filed therewith; and it appear-
-ing to the court that the said will was duly executed and attested
and that the said testator at the time of executing the same
was of full age, of sound mind and memory and not under any
restraint; thereupon the court, upon consideration thereof,
orders that the said will be admitted to probate as duly proved as
the last will and testament of the said John Cummings decd. and
ordered to be recorded as such; which will is as follows, to wit:-
Copy of the will:-
In the name of the Benevolent Father of all; I, John
Cummings of the State of Ohio, County of Delaware and township of
Orange do make and publish this my last will and testament.
Item 1st I give and bequeath to my son John Francis Cum-
-mings one half of all my real estate and five hundred dol-
-lars out of my personal estate and effects more than an
equal half of the same.
Item 2nd I give and bequeath to my son Orson Cum-
-mings one half of all my real estate and one half
of my personal estate and effects after deducting five
hundred dollars above bequeathed to my son John Francis.
Item 3d I give and bequeath to Elbert Evans my
Grandson one horse, saddle and bridle when he at-
-tains the age of twenty one years to be worth one hundred
dollars.
Item 4th I give and bequeath to my grand daughter
Savina Adelia Evans a good bedstead, bed and bedding
for the same, also one cow when she attains the age of
twenty one years.
Item 5th I give and bequeath to my grandson
John Evans Jun. a good suit of clothes including a hat and
pair of boots, when he attains the age of twenty one years.
Item 6th. It is my will in case of the death of any
one or all of my Grand children mentioned above that the
amount of the their several bequests shall go in equal shares
to my sons John Francis and Orson Cummings, provided any
one or all of such grand-children die before attaining
the age of twenty one years.
Item 7th I do hereby nominate and appoint John
Francis Cummings and Orson Cummings executors of this
[corresponds to labeled page 131 of Will Records Vol. 4 - 1859-1869]
Records of the Will of John Cummings decd. October 17th 1863
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 17th day of October A.D.
1863.
This day the last will and testament of John Cummings
late of this county decd. was presented to this court for probate
and records. Thereupon John W. Ladd and John S. Justice
witnesses to the said will came into court, were duly sworn
and examined, and their testimony reduced to writing; and
now annexed to the said will and filed therewith; and it appear-
-ing to the court that the said will was duly executed and attested
and that the said testator at the time of executing the same
was of full age, of sound mind and memory and not under any
restraint; thereupon the court, upon consideration thereof,
orders that the said will be admitted to probate as duly proved as
the last will and testament of the said John Cummings decd. and
ordered to be recorded as such; which will is as follows, to wit:-
Copy of the will:-
In the name of the Benevolent Father of all; I, John
Cummings of the State of Ohio, County of Delaware and township of
Orange do make and publish this my last will and testament.
Item 1st I give and bequeath to my son John Francis Cum-
-mings one half of all my real estate and five hundred dol-
-lars out of my personal estate and effects more than an
equal half of the same.
Item 2nd I give and bequeath to my son Orson Cum-
-mings one half of all my real estate and one half
of my personal estate and effects after deducting five
hundred dollars above bequeathed to my son John Francis.
Item 3d I give and bequeath to Elbert Evans my
Grandson one horse, saddle and bridle when he at-
-tains the age of twenty one years to be worth one hundred
dollars.
Item 4th I give and bequeath to my grand daughter
Savina Adelia Evans a good bedstead, bed and bedding
for the same, also one cow when she attains the age of
twenty one years.
Item 5th I give and bequeath to my grandson
John Evans Jun. a good suit of clothes including a hat and
pair of boots, when he attains the age of twenty one years.
Item 6th. It is my will in case of the death of any
one or all of my Grand children mentioned above that the
amount of the their several bequests shall go in equal shares
to my sons John Francis and Orson Cummings, provided any
one or all of such grand-children die before attaining
the age of twenty one years.
Item 7th I do hereby nominate and appoint John
Francis Cummings and Orson Cummings executors of this
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 164)
Description
[page 164]
[corresponds to labeled page 132 of Will Records Vol. 4 - 1859-1869]
Records of the Will of John Cummings, decd. Oct.17, 1863
my last will and testament; hereby authorizing and empower-
-ing them to compromise, adjust, release and discharge
in such manner as they deem proper the debts
and claims due me. I do also authorize and empower them
if it shall become necessary in order to pay my debts,
to sell by private sale or in such manner, upon my
terms of credit or otherwise as they may think proper all
or any part of my real estate and deeds to purchasers to
execute, ackowledge and deliver in fee simple.
I devise that no appraisement and no sale of my personal
property be made; and the court of probate direct the omission
of the same in pursuance of the statute. I do hereby revoke
all former wills by me made.
In testimony hereof I have hereunto set my hands to
seal this 27th day of March A.D. 1863
his
(signed) John x Cummings [Seal]
mark
Signed and acknowledged by said John Cummings )
as his last will and testament in our presence )
and signed by us in his presence. )
(signed) John W. Ladd )
J.S. Justice )
Copy of testimony
The State of Ohio, Delaware County Ss.
We John W. Ladd and John S. Justice being duly sworn in open
court this 17th day of October A.D. 1863, depose and say that we
were present at the execution of the last will and testament of
John Cummings 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.
(signed) John W. Ladd
J.S. Justice
Sworn to and subscribed before me this 17th day of October A.D. 1863
J.W. Powell Probate Judge
[corresponds to labeled page 132 of Will Records Vol. 4 - 1859-1869]
Records of the Will of John Cummings, decd. Oct.17, 1863
my last will and testament; hereby authorizing and empower-
-ing them to compromise, adjust, release and discharge
in such manner as they deem proper the debts
and claims due me. I do also authorize and empower them
if it shall become necessary in order to pay my debts,
to sell by private sale or in such manner, upon my
terms of credit or otherwise as they may think proper all
or any part of my real estate and deeds to purchasers to
execute, ackowledge and deliver in fee simple.
I devise that no appraisement and no sale of my personal
property be made; and the court of probate direct the omission
of the same in pursuance of the statute. I do hereby revoke
all former wills by me made.
In testimony hereof I have hereunto set my hands to
seal this 27th day of March A.D. 1863
his
(signed) John x Cummings [Seal]
mark
Signed and acknowledged by said John Cummings )
as his last will and testament in our presence )
and signed by us in his presence. )
(signed) John W. Ladd )
J.S. Justice )
Copy of testimony
The State of Ohio, Delaware County Ss.
We John W. Ladd and John S. Justice being duly sworn in open
court this 17th day of October A.D. 1863, depose and say that we
were present at the execution of the last will and testament of
John Cummings 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.
(signed) John W. Ladd
J.S. Justice
Sworn to and subscribed before me this 17th day of October A.D. 1863
J.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 165)
Description
[page 165]
[corresponds to labeled page 133 of Will Records Vol. 4 - 1859-1869]
Record of the will of Franz Carl Becker decd. November 11th 1863
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of November A.D. 1863.
This day the will of Franz Carl Becker decd. late of
this county was presented by his son Joseph Becker for
Probate and records; and it appearing that the witnesses to the
said will were residing at Columbus in Franklin County
Ohio; thereupon, and upon motion, issued a Commission to
J. Kronabetter Esq, a justice of the peace of Franklin County
to take the depositions of the witnesses to the said will.
Thereupon Mrs. Catharine Becker the widow of the said
testator appeared in Court and requested to make her election
as to the said will; and the court having explained to her the pro-
-visions of the will, and her rights under it, and by law, in the
event of her refusal to take under the will; and thereupon
the said widow declared her choice and election to be,
to take under the said will according to the provisions
thereof, which she fully understood, and which is now so
entered of record.
And afterwards to wit; the 26th day of December AD. 1863
This day Joseph Becker produced into court the will, together
with the return of J. Kronabetter Esqr, to the coceruipion heretofore
issued to him by this court to take the depositions of the witnesses
to the said last will and testament, which is annexed to the said
will and now recorded therewith. And it appearing to
the Court from the said return and will, that the said will
was duly executed and attested; and that the testator at the
time of the executing the same was of full age, and of sound
mind and memory, and not under any restraint.
Thereupon the Court upon consideration thereof, orders that
the said will be admitted to probate as duly proven as the last
will and testament of the said Franz Carl Becker decd. and
ordered to be recorded as such, to wit:-
Copy of the Will
Letzter Willen
[words written in German], Franz Carl Becker, ngofnforft
in Kornkak Township, Delaware County County, [] Ohio, []
[German translation entered here]
[corresponds to labeled page 133 of Will Records Vol. 4 - 1859-1869]
Record of the will of Franz Carl Becker decd. November 11th 1863
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of November A.D. 1863.
This day the will of Franz Carl Becker decd. late of
this county was presented by his son Joseph Becker for
Probate and records; and it appearing that the witnesses to the
said will were residing at Columbus in Franklin County
Ohio; thereupon, and upon motion, issued a Commission to
J. Kronabetter Esq, a justice of the peace of Franklin County
to take the depositions of the witnesses to the said will.
Thereupon Mrs. Catharine Becker the widow of the said
testator appeared in Court and requested to make her election
as to the said will; and the court having explained to her the pro-
-visions of the will, and her rights under it, and by law, in the
event of her refusal to take under the will; and thereupon
the said widow declared her choice and election to be,
to take under the said will according to the provisions
thereof, which she fully understood, and which is now so
entered of record.
And afterwards to wit; the 26th day of December AD. 1863
This day Joseph Becker produced into court the will, together
with the return of J. Kronabetter Esqr, to the coceruipion heretofore
issued to him by this court to take the depositions of the witnesses
to the said last will and testament, which is annexed to the said
will and now recorded therewith. And it appearing to
the Court from the said return and will, that the said will
was duly executed and attested; and that the testator at the
time of the executing the same was of full age, and of sound
mind and memory, and not under any restraint.
Thereupon the Court upon consideration thereof, orders that
the said will be admitted to probate as duly proven as the last
will and testament of the said Franz Carl Becker decd. and
ordered to be recorded as such, to wit:-
Copy of the Will
Letzter Willen
[words written in German], Franz Carl Becker, ngofnforft
in Kornkak Township, Delaware County County, [] Ohio, []
[German translation entered here]
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 166)
Description
[page 166]
[corresponds to page 134 of Will Records Vol. 4 - 1859-1869]
[German will continues]
Copy of the translation of said Will
" Last Will .
I the undersigned Franz Carl Becker of Konchoh (Concord)
Township, Delaware County, State of Ohio, do declare this my
last and irrevocable will.
In case I should die before my wife Catharine Becker
formerly Vogel, all my real and personal property shall belong
to her during the time of her natural life. She shall have
the privilege to spend her days, either alone or with one of
her children. I do order that after the decease of my wife, the
surviving children shall divide the property, what is left in
peace and harmony in equal shares. Whoever of the heirs
shall show a disposition of disatisfaction or disharmony shall
lose his claim in the degree that it shall receive only
one hundred dollars as inheritence.
I do further order that my son-in-laws have no authority to
dispose of any of their inheritence without the express consent
of their wives.
This my last will I made by good memory and well dispo=
=sing mind which shall be particularly accomplished after my
decease.
In testimony whereof I have hereunto set my hand
this sixth day of December in the year eighteen hundred
and fifty six.
(signed) Franz Carl Becker.
(over)
[corresponds to page 134 of Will Records Vol. 4 - 1859-1869]
[German will continues]
Copy of the translation of said Will
" Last Will .
I the undersigned Franz Carl Becker of Konchoh (Concord)
Township, Delaware County, State of Ohio, do declare this my
last and irrevocable will.
In case I should die before my wife Catharine Becker
formerly Vogel, all my real and personal property shall belong
to her during the time of her natural life. She shall have
the privilege to spend her days, either alone or with one of
her children. I do order that after the decease of my wife, the
surviving children shall divide the property, what is left in
peace and harmony in equal shares. Whoever of the heirs
shall show a disposition of disatisfaction or disharmony shall
lose his claim in the degree that it shall receive only
one hundred dollars as inheritence.
I do further order that my son-in-laws have no authority to
dispose of any of their inheritence without the express consent
of their wives.
This my last will I made by good memory and well dispo=
=sing mind which shall be particularly accomplished after my
decease.
In testimony whereof I have hereunto set my hand
this sixth day of December in the year eighteen hundred
and fifty six.
(signed) Franz Carl Becker.
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 167)
Description
[page 167]
[corresponds to page 135 of Will Records Vol. 4 - 1859-1869]
Will of Franz Carl Becker decd. November 11th 1863.
Signed and acknowledged by said Franz Carl Becker as
his last will and testament in our presence and signed by
us in his presence.
(signed) Jacob Wager )
Wm Vosswinkel )
Charles Karupman )
The following is the return of the Commisioner annexed
to the said will, to wit:-
The State of Ohio, Franklin County, Montomery Township
I do hereby certify that the foregoing is a full and
true copy from the original which is hereto annexed.
(signed) J. Krombetter J.P. of Montgomery Town
=ship, Franklin County, Ohio.
The State of Ohio, Franklin County SS.
Personally appears before me a Justice of the peace
in and for said county, Wm Vosswinkel and Charles Karupman
(Jacob Wagers is departed) who made solemn oath according to
law, saith that the signature as set forth in the will of Franz
Carl Becker is genuine and executed by himself in our
presence, and that we by his request signed our names as
witnesses the said will. Wm Vosswinkel
Charles Th. Karupmann
Sworn to & subscribed before me this 3rd day of Nov. 1863.
J Krombetter J.P.-
The State of Ohio, Franklin County Ss.
We William Vosswinkel and Charles Karupmann being
duly sworn by J.Krombetter Commissioner etc. this 19th
day of Nov. A.D. 1863, depose and say that we were present
at the execution of the last will and testament of Franz Carl
Becker 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 we further say that
Jacob Wager has gone to Europe about 1 1/2 years ago and
that the translation is correct. (signed) Wm Vosswinkel
[J.R. Nov 5] Charles Th. Karupmann.
[1862 10 cents]
[U.S. Stamps]
Sworn to and subscribed before me this 19th day of Nov. A.D. 1863.
J. Krombetter J.P.
of Montgomery Tp. Franklin County Ohio.
Delaware County Ss. I, Mattias Loy being duly sworn says, I have
examined the above translation with the original will and say it is a
fair translation. (signed) M. Loy
Sworn to & subscribed before me November 26th 1863.
T.W.Powell Probate Judge.
[corresponds to page 135 of Will Records Vol. 4 - 1859-1869]
Will of Franz Carl Becker decd. November 11th 1863.
Signed and acknowledged by said Franz Carl Becker as
his last will and testament in our presence and signed by
us in his presence.
(signed) Jacob Wager )
Wm Vosswinkel )
Charles Karupman )
The following is the return of the Commisioner annexed
to the said will, to wit:-
The State of Ohio, Franklin County, Montomery Township
I do hereby certify that the foregoing is a full and
true copy from the original which is hereto annexed.
(signed) J. Krombetter J.P. of Montgomery Town
=ship, Franklin County, Ohio.
The State of Ohio, Franklin County SS.
Personally appears before me a Justice of the peace
in and for said county, Wm Vosswinkel and Charles Karupman
(Jacob Wagers is departed) who made solemn oath according to
law, saith that the signature as set forth in the will of Franz
Carl Becker is genuine and executed by himself in our
presence, and that we by his request signed our names as
witnesses the said will. Wm Vosswinkel
Charles Th. Karupmann
Sworn to & subscribed before me this 3rd day of Nov. 1863.
J Krombetter J.P.-
The State of Ohio, Franklin County Ss.
We William Vosswinkel and Charles Karupmann being
duly sworn by J.Krombetter Commissioner etc. this 19th
day of Nov. A.D. 1863, depose and say that we were present
at the execution of the last will and testament of Franz Carl
Becker 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 we further say that
Jacob Wager has gone to Europe about 1 1/2 years ago and
that the translation is correct. (signed) Wm Vosswinkel
[J.R. Nov 5] Charles Th. Karupmann.
[1862 10 cents]
[U.S. Stamps]
Sworn to and subscribed before me this 19th day of Nov. A.D. 1863.
J. Krombetter J.P.
of Montgomery Tp. Franklin County Ohio.
Delaware County Ss. I, Mattias Loy being duly sworn says, I have
examined the above translation with the original will and say it is a
fair translation. (signed) M. Loy
Sworn to & subscribed before me November 26th 1863.
T.W.Powell Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 168)
Description
[page 168]
[corresponds to page 136 of Will Records Vol. 4 - 1859-1869]
Will of Franz Carl Becker. November 11th 1863.
And afterwards to wit; January 22d 1864, on the
written request of the widow, Anthony C. becker (a son) is
appointed administrator with the will annexed on the estate
of Franz Carl Becker of Concord Township decd. Who paid
bonds in the sum of $1200. With William Larobee and
David Freshwater his surities. Appointed James Stewart,
Lyman T. Glick and James Davidson appraisers.
_____________________
Will of Calvin Elmer decd.
Proceedings had before Thomas W. Powell Judge
of the Probate Court in & for the county of Delaware and
State of Ohio, at his office in the town of Delaware,
the 12th day of January 1864.
This day Thomas G. Miller presents the last will and
testament of Calvin Elmer late of Brown Township decd.
for probate and records. Thereupon Stephen P. Dunham and
Margaret A. Miller the two subscribing witnesses to the said will
appeared in court and were duly sworn and examined; and
their testimony reduced to writing and filed with the said will
and it appearing to the court that the said will was duly executed
and attested, and that the said testator at the time of its execution
was of full age, and of sound mind and memory, and not
under any restraint; it is considered and ordered that the
said will is duly proved, and admitted to records as such
Which will is as follows, to wit.
In the name of the Benevolent Father of All.
I, Calvin Elmer of Eden, Delaware County, Ohio being
of sound mind, do make and publish this my last will
and testament.
1st I give and devise to my beloved wife in lieu of
her dower; all or such part of my personal property etc
as she many need for a proper and good maintainance
or support during her natural life. Said property consists
of household goods, money, debts and claims due me.
2nd Whatever of the above property that may be left after
the death of my wife, and after paying all legal claims
and expenses, including funeral expenses, I devise and
bequeath to my son John Elmer and his heirs.
3d I do hereby nominate and appoint T.G. Miller
Executor of this my last will & testament.
I do hereby revoke all former wills made by me.
In testimony hereof I have hereunto set my hand & seal
this 4th day of January A.D. 1864. (signed) Calvin Elmer [seal]
Signed and acknowledged by said Calvin Elmer as his
last will & testament in our presence & signed by us in
his presence. (signed) S.P. Dunham
M.A. Miller.
(end of will.)
[corresponds to page 136 of Will Records Vol. 4 - 1859-1869]
Will of Franz Carl Becker. November 11th 1863.
And afterwards to wit; January 22d 1864, on the
written request of the widow, Anthony C. becker (a son) is
appointed administrator with the will annexed on the estate
of Franz Carl Becker of Concord Township decd. Who paid
bonds in the sum of $1200. With William Larobee and
David Freshwater his surities. Appointed James Stewart,
Lyman T. Glick and James Davidson appraisers.
_____________________
Will of Calvin Elmer decd.
Proceedings had before Thomas W. Powell Judge
of the Probate Court in & for the county of Delaware and
State of Ohio, at his office in the town of Delaware,
the 12th day of January 1864.
This day Thomas G. Miller presents the last will and
testament of Calvin Elmer late of Brown Township decd.
for probate and records. Thereupon Stephen P. Dunham and
Margaret A. Miller the two subscribing witnesses to the said will
appeared in court and were duly sworn and examined; and
their testimony reduced to writing and filed with the said will
and it appearing to the court that the said will was duly executed
and attested, and that the said testator at the time of its execution
was of full age, and of sound mind and memory, and not
under any restraint; it is considered and ordered that the
said will is duly proved, and admitted to records as such
Which will is as follows, to wit.
In the name of the Benevolent Father of All.
I, Calvin Elmer of Eden, Delaware County, Ohio being
of sound mind, do make and publish this my last will
and testament.
1st I give and devise to my beloved wife in lieu of
her dower; all or such part of my personal property etc
as she many need for a proper and good maintainance
or support during her natural life. Said property consists
of household goods, money, debts and claims due me.
2nd Whatever of the above property that may be left after
the death of my wife, and after paying all legal claims
and expenses, including funeral expenses, I devise and
bequeath to my son John Elmer and his heirs.
3d I do hereby nominate and appoint T.G. Miller
Executor of this my last will & testament.
I do hereby revoke all former wills made by me.
In testimony hereof I have hereunto set my hand & seal
this 4th day of January A.D. 1864. (signed) Calvin Elmer [seal]
Signed and acknowledged by said Calvin Elmer as his
last will & testament in our presence & signed by us in
his presence. (signed) S.P. Dunham
M.A. Miller.
(end of will.)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 169)
Description
[page 169]
[corresponds to page 137 of Will Records Vol. 4 - 1859-1869]
Will of Calvin Elmer. January 12th 1864.
Copy of the testimony reduced to writing proving the
will of the said Calvin Elmer. to wit:-
The State of Ohio, Delaware County. Ss.
We Stephen P. Dunham and Margaret A. Miller being duly
sworn in open court this 12th day of January A.D. 1864. depose
and say that we were present at the execution of the last will and
testament of Calvin Elmer 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.
(signed) S.P. Dunham.
M.A. Miller.
Sworn to and subscribed before me this 12th day of January
A.D. 1864. T.W.Powell Proabte Judge
________________________
Will of Robert Jamison decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio, at his office in the town of Delaware
on the sixth day of February A.D. 1864.
On the 20th day of January 1864 James Eaton Esqr.
presents the last will and testament of Robert Jamison late
of Delaware Township decd. for probate. Marshal L.
Griffin and Stephen M. Littell two of the witnesses to the will
were sworn and examined and their testimony reduced to
writing and annexed to the said will; thereupon issued a Com=
=mission to Rowland O. Hammond Esqr of Akron, Ohio.
to take the deposition of John Lugenbeel the other witness
to the said will. Further proceedings in relation to the
probate of the will is suspended until the return of the
said commission and deposition of the said Lugenbeel.
And afterwards to wit; on the 6th day of February A.D. 1864
on motion of James Eaton Esqr. the will in this case was
again presented for probate and record. and the commission
returned with the deposition of said John Lugenbeel the
other witness to the said will; and thereupon it appearing to the
court that the said will was duly executed and attested and that
the said testator at the time of the execution of the same
was of full age, and of sound mind and memory and not
under any restraint, the court therefore upon consideration
thereof order that the said will be admitted to probate as
duly proved as the last will & testament of the said Robert Jamison
decd. and ordered to be recorded as such.
[corresponds to page 137 of Will Records Vol. 4 - 1859-1869]
Will of Calvin Elmer. January 12th 1864.
Copy of the testimony reduced to writing proving the
will of the said Calvin Elmer. to wit:-
The State of Ohio, Delaware County. Ss.
We Stephen P. Dunham and Margaret A. Miller being duly
sworn in open court this 12th day of January A.D. 1864. depose
and say that we were present at the execution of the last will and
testament of Calvin Elmer 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.
(signed) S.P. Dunham.
M.A. Miller.
Sworn to and subscribed before me this 12th day of January
A.D. 1864. T.W.Powell Proabte Judge
________________________
Will of Robert Jamison decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio, at his office in the town of Delaware
on the sixth day of February A.D. 1864.
On the 20th day of January 1864 James Eaton Esqr.
presents the last will and testament of Robert Jamison late
of Delaware Township decd. for probate. Marshal L.
Griffin and Stephen M. Littell two of the witnesses to the will
were sworn and examined and their testimony reduced to
writing and annexed to the said will; thereupon issued a Com=
=mission to Rowland O. Hammond Esqr of Akron, Ohio.
to take the deposition of John Lugenbeel the other witness
to the said will. Further proceedings in relation to the
probate of the will is suspended until the return of the
said commission and deposition of the said Lugenbeel.
And afterwards to wit; on the 6th day of February A.D. 1864
on motion of James Eaton Esqr. the will in this case was
again presented for probate and record. and the commission
returned with the deposition of said John Lugenbeel the
other witness to the said will; and thereupon it appearing to the
court that the said will was duly executed and attested and that
the said testator at the time of the execution of the same
was of full age, and of sound mind and memory and not
under any restraint, the court therefore upon consideration
thereof order that the said will be admitted to probate as
duly proved as the last will & testament of the said Robert Jamison
decd. and ordered to be recorded as such.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 170)
Description
[page 170]
[corresponds to page 138 of Will Records Vol. 4 - 1859-1869]
Record of the will of Robert Jamison decd. July 6th 1864
Copy of the Will.
I, Robert Jamison of Delaware Tp. Delaware County,
State of Ohio, being of sound & disposing mind, memory and
understanding do make, publish and declare this to be
my last will and testament, and writing is the action of last
will and testament hereby revoking and making void & null all
former last wills and testaments & writings in the nature of
last wills & testaments by me heretofore made.
My will is first; that my funeral charges and just debts
shall be paid by my executor hereinafter made. The residue of my
estate and property, which shall not be required for the payment
of my past debts, funeral charges, the necessary expenses
attending the execution of this my last will and settling my
estate; I give & devise & dispose of as follows:-
1st My real estate situated in said Delaware Township, Delaware
County aforesaid, in Range 19. Township four. Section first of
the United States Military Survey, I give & bequeath to my brother
John Jamison & James M. Jamison & my sister Elizabeth Jamison
during their natural life, and then to descend to their children, or
if any or either of them should die leaving no issue of their body
then to go to the remaining brother or sister still living, and
when the said real estate shall decend to the children of my
brothers & sisters I give & bequeath to my nephew Thomas Baird
son of my deceased sister Esther Baird an equal rights in
said real estate with my other nephews & neices, to be under
the direction & disposal of my brother James M. Jamison.
2d I give & bequeath my Rail Road stock to my said brothers
John
& James M. Jamison & Elizabeth Jamison to be
disposed of by them as to donations to the first Presbyterian
Church of Delaware as to appropriate to their own personal
case shared equally among their as they may think
best and actionable) equally divided among them and
to decend to their heirs.
3d I give & bequeath all the residue of my personal property con=
=sisting of notes of hand, horses, cattle, farming utensils and
money on hand or due other wise, to my said brothers John
Jamison and James M. Jamison & my sister Elizabeth Jamison
to be used & disposed of by them as to donations to the first Presbyterian
Church of Delaware or to appropriate to their own personal
use & benefit, equally among them as they may think best
and advisable.
4th It is my will in case my sister Hannah Carpenter should
become a widow & in needy circumstances, that she should become
heir of my aforesaid estate so far as to supply her with the necessary
comforts of life, not exceeding an equal share with the aforesaid
brothers and sister herein before named.
5th I do hereby appoint and nominate James Eaton of the Town
of Delaware, Ohio, to be the sole executor of this
[corresponds to page 138 of Will Records Vol. 4 - 1859-1869]
Record of the will of Robert Jamison decd. July 6th 1864
Copy of the Will.
I, Robert Jamison of Delaware Tp. Delaware County,
State of Ohio, being of sound & disposing mind, memory and
understanding do make, publish and declare this to be
my last will and testament, and writing is the action of last
will and testament hereby revoking and making void & null all
former last wills and testaments & writings in the nature of
last wills & testaments by me heretofore made.
My will is first; that my funeral charges and just debts
shall be paid by my executor hereinafter made. The residue of my
estate and property, which shall not be required for the payment
of my past debts, funeral charges, the necessary expenses
attending the execution of this my last will and settling my
estate; I give & devise & dispose of as follows:-
1st My real estate situated in said Delaware Township, Delaware
County aforesaid, in Range 19. Township four. Section first of
the United States Military Survey, I give & bequeath to my brother
John Jamison & James M. Jamison & my sister Elizabeth Jamison
during their natural life, and then to descend to their children, or
if any or either of them should die leaving no issue of their body
then to go to the remaining brother or sister still living, and
when the said real estate shall decend to the children of my
brothers & sisters I give & bequeath to my nephew Thomas Baird
son of my deceased sister Esther Baird an equal rights in
said real estate with my other nephews & neices, to be under
the direction & disposal of my brother James M. Jamison.
2d I give & bequeath my Rail Road stock to my said brothers
John
& James M. Jamison & Elizabeth Jamison to be
disposed of by them as to donations to the first Presbyterian
Church of Delaware as to appropriate to their own personal
case shared equally among their as they may think
best and actionable) equally divided among them and
to decend to their heirs.
3d I give & bequeath all the residue of my personal property con=
=sisting of notes of hand, horses, cattle, farming utensils and
money on hand or due other wise, to my said brothers John
Jamison and James M. Jamison & my sister Elizabeth Jamison
to be used & disposed of by them as to donations to the first Presbyterian
Church of Delaware or to appropriate to their own personal
use & benefit, equally among them as they may think best
and advisable.
4th It is my will in case my sister Hannah Carpenter should
become a widow & in needy circumstances, that she should become
heir of my aforesaid estate so far as to supply her with the necessary
comforts of life, not exceeding an equal share with the aforesaid
brothers and sister herein before named.
5th I do hereby appoint and nominate James Eaton of the Town
of Delaware, Ohio, to be the sole executor of this
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 171)
Description
[page 171]
[corresponds to page 139 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Robert Jamison decd. February 6th 1864.
my last will and testament.
In testimony whereof I the said Robert Jamison have
hereunto subscribed my name and affixed my seal this
twelfth day of August. A.D. 1850.
Signed, sealed and declared by the said (signed) Robert Jamison [seal]
Robert Jamison to be his last will
& testament in presence of us, who
at his request and in his presence have
subscribed our names as witnesses
hereto in the presence of each other.
(signed) John Lugenbeel
M.L. Griffin
S.M. Littel
(end of the will.)
Copy of the testimony
The State of Ohio, Delaware County. Ss.
We Marshal L. Griffith & Stephen M. Littell being duly sworn
in open court this 20th day of January A.D. 1864, depose and
say that we were present at the execution of the last will and
testament of Robert Jamison 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 pre-
=sence, and in the presence of each other.
(signed) Marshall L. Griffin.
Stephen M. Littell.
Sworn to and subscribed before me this 20th day of January
A.D. 1864. T.W.Powell Probate Judge
Copy of the deposition returned under the commision
The State of Ohio,)
Summit county Ss. ) Personally appears before me the
undersigned a notary public within and for the said county and
a special commissioner appointed by Thomas W. Powell Probate
Judge within and for the county of Delaware in the State of
Ohio to take the deposition of John Lugenbeel in the
matter of the probate of the will and testament of Robert Jamison
late of the said county of Delaware decd. who being duly
sworn, deposes and says that he was present at the execution
of the last will and testament of the said Robert Jamison here
=to annexed; that he saw said testator subscribe said will
and heard him publish and declare the same to be his last
will and testament, and that said testator at the time of
executing the same was of full age, and of sound
mind and memory and not under any restraint,
and that he signed the same as a witness at his
[corresponds to page 139 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Robert Jamison decd. February 6th 1864.
my last will and testament.
In testimony whereof I the said Robert Jamison have
hereunto subscribed my name and affixed my seal this
twelfth day of August. A.D. 1850.
Signed, sealed and declared by the said (signed) Robert Jamison [seal]
Robert Jamison to be his last will
& testament in presence of us, who
at his request and in his presence have
subscribed our names as witnesses
hereto in the presence of each other.
(signed) John Lugenbeel
M.L. Griffin
S.M. Littel
(end of the will.)
Copy of the testimony
The State of Ohio, Delaware County. Ss.
We Marshal L. Griffith & Stephen M. Littell being duly sworn
in open court this 20th day of January A.D. 1864, depose and
say that we were present at the execution of the last will and
testament of Robert Jamison 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 pre-
=sence, and in the presence of each other.
(signed) Marshall L. Griffin.
Stephen M. Littell.
Sworn to and subscribed before me this 20th day of January
A.D. 1864. T.W.Powell Probate Judge
Copy of the deposition returned under the commision
The State of Ohio,)
Summit county Ss. ) Personally appears before me the
undersigned a notary public within and for the said county and
a special commissioner appointed by Thomas W. Powell Probate
Judge within and for the county of Delaware in the State of
Ohio to take the deposition of John Lugenbeel in the
matter of the probate of the will and testament of Robert Jamison
late of the said county of Delaware decd. who being duly
sworn, deposes and says that he was present at the execution
of the last will and testament of the said Robert Jamison here
=to annexed; that he saw said testator subscribe said will
and heard him publish and declare the same to be his last
will and testament, and that said testator at the time of
executing the same was of full age, and of sound
mind and memory and not under any restraint,
and that he signed the same as a witness at his
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 172)
Description
[page 172]
[corresponds to page 140 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Robert Jamison February 6th 1864.
request and in his presence and in the presence of
Marshall L. Griffin & Stephen M. Littell the other witnesses
to the said will and they likewise signed the same
in my presence.
(signed) John Lugenbeel.
Sworn to before me and subscribed in my presence
this 3rd day of February A.D. 1864 by the said John
Lugenbeel.
(signed) Rowland O. Hammond
[Notaric Seal] Notary Public and
[S.S] Special Commissioner.
[U.S. 5 cent stamp]
___________________
The Will of Abraham Swartz decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the town of Delaware on the fourth
day of February A.D. 1864.
This day the last will and testament of Abraham Swartz late of
Tompson Township decd. was presented to the court for probate and
record. Thereupon John W. Cone and Thomas B. Cone the
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the court
that the said will was duly executed also attested, 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,
thereupon the court, upon consideration thereof, orders
that the said will be admitted to probate and duly proved as the
last will and testament of the said Abraham Swartz decd.
and ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of all.
I Abraham Swartz of the Township of Thompson Delaware
Co. & State of Ohio, do make and publish this my last
will and testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower the farm on which we are now reside situated in Thomp
=son Tp. Delaware Co. State of Ohio, containing about (80) eighty
acres, during her natural life, and all the stock, household
goods, furnature, provisions and other goods and chattels which
may be there at the time of my decease during her nat
=ural life as aforesaid; she however selling so much thereupon
as may be sufficient to pay my just debts. At the death
of my said wife I give all real and personal property
[corresponds to page 140 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Robert Jamison February 6th 1864.
request and in his presence and in the presence of
Marshall L. Griffin & Stephen M. Littell the other witnesses
to the said will and they likewise signed the same
in my presence.
(signed) John Lugenbeel.
Sworn to before me and subscribed in my presence
this 3rd day of February A.D. 1864 by the said John
Lugenbeel.
(signed) Rowland O. Hammond
[Notaric Seal] Notary Public and
[S.S] Special Commissioner.
[U.S. 5 cent stamp]
___________________
The Will of Abraham Swartz decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the town of Delaware on the fourth
day of February A.D. 1864.
This day the last will and testament of Abraham Swartz late of
Tompson Township decd. was presented to the court for probate and
record. Thereupon John W. Cone and Thomas B. Cone the
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the court
that the said will was duly executed also attested, 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,
thereupon the court, upon consideration thereof, orders
that the said will be admitted to probate and duly proved as the
last will and testament of the said Abraham Swartz decd.
and ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of all.
I Abraham Swartz of the Township of Thompson Delaware
Co. & State of Ohio, do make and publish this my last
will and testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower the farm on which we are now reside situated in Thomp
=son Tp. Delaware Co. State of Ohio, containing about (80) eighty
acres, during her natural life, and all the stock, household
goods, furnature, provisions and other goods and chattels which
may be there at the time of my decease during her nat
=ural life as aforesaid; she however selling so much thereupon
as may be sufficient to pay my just debts. At the death
of my said wife I give all real and personal property
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 173)
Description
[page 173]
[corresponds to page 141 of Will Records Vol. 4 - 1859-1869]
Record of the will of Abraham Swartz. February 4th 1864.
to be equally divided between my children except, I
bequeath to my son David one hundred and fifty dollars
more than either of my other children.
Item. I appoint and make the said Elizabeth my
wife executrix of this my last will and testament.
In testimony hereof I have hereunto set my hand
and seal this 22d day of December in the year 1863
signed and acknowledged by said ) (signed) Abraham Swartz [seal]
Abraham Swartz as his last will )
and testament in our presence )
and signed by us in his presence )
(signed) J.W. Cone
[U.S.Stamp] T.B. Cone (end of the will)
[$1.00]
Record of the testimony.
The State of Ohio, Delaware County Ss.
We John W. Cone and Thomas B. Cone being duly sworn
in open court this fourth day of February A.D. 1864, depose
and say that we were present at the execution of the last
will and testament of Abraham Swartz 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
as witnesses at his request and in his presence, and in the
presence of each other.
(signed) J.W. Cone
Thos. B. Cone
Sworn to and subscribed before me this 4th day of February
A.D. 1864. T.W. Powell Probate Judge
N.B. On the same day the widow appeared and elected to take
under the will. See Journal L. Page 265.
______________________
[corresponds to page 141 of Will Records Vol. 4 - 1859-1869]
Record of the will of Abraham Swartz. February 4th 1864.
to be equally divided between my children except, I
bequeath to my son David one hundred and fifty dollars
more than either of my other children.
Item. I appoint and make the said Elizabeth my
wife executrix of this my last will and testament.
In testimony hereof I have hereunto set my hand
and seal this 22d day of December in the year 1863
signed and acknowledged by said ) (signed) Abraham Swartz [seal]
Abraham Swartz as his last will )
and testament in our presence )
and signed by us in his presence )
(signed) J.W. Cone
[U.S.Stamp] T.B. Cone (end of the will)
[$1.00]
Record of the testimony.
The State of Ohio, Delaware County Ss.
We John W. Cone and Thomas B. Cone being duly sworn
in open court this fourth day of February A.D. 1864, depose
and say that we were present at the execution of the last
will and testament of Abraham Swartz 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
as witnesses at his request and in his presence, and in the
presence of each other.
(signed) J.W. Cone
Thos. B. Cone
Sworn to and subscribed before me this 4th day of February
A.D. 1864. T.W. Powell Probate Judge
N.B. On the same day the widow appeared and elected to take
under the will. See Journal L. Page 265.
______________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 174)
Description
[page 174]
[corresponds to page 142 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Ashburn decd. February 19th 1864
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the
twelfth day of February A.D. 1864.
On the 9th day of December A.D. 1863 Mr Baxter presented
the last will and testaemnt of John Ashburn decd. for probate
and record. Thereupon Jonathan M. Coomer one of the
witnesses thereto appeared in court, and his deposition was
duly taken and annexed to the will. And it appearing
that Stephen Curren the other witness thereto under in the
State of Missouri, the court upon motion issued a com
=mission with the will annexed to James C. Morehouse
Esqr. of White Cloud in Nodaway County, Missouri, to take and
certify the testimony of said Curren as to the execution and
attestation of the said will and to report the same to this
court. Commission accordingly sent.
And afterwards to wit, on the 12th day of February A.D. 1864
on motion, and the Commission heretofore issued to prove
the will being returned with the testimony of Stephen Curren
duly returned by James C. Morehouse the Commissioner, and the
testimony of the witnesses being now reduced to writing, and annexed
to the will and filed therewith. And it now appearing to the
court that the said will was duly executed and attested, and
that the testator at the time of executing the same was
of full age, of sound mind and memory, and not under
any restraint; thereupon the court whose consideration
thereof, orders that the said will be admitted to probate and
duly proved as the last will and testament of the said John
Ashburn decd, and ordered to be recorded as such.
T.W. Powell Probate Judge.
Copy and record of the will.
In the name of the Benevolent Father of All.
I John Ashburn of the State of Ohio and Delaware County, do
make and publish this my last will and testament.
1st I give and devise to my mother Lydia Ashburn all
moneys and effects belonging to me at this time, and all
other moneys and effects that I may acquire during my
natural life, to have and depose of to her own use
as she desires.
2d In case that my mother Lydia Ashburn should decease
it is my will that the effects above mentioned shall pass to
and be invested in write to my sister Elizabeth Ashburn.
3d I do hereby nominate and appoint Lydia Ashburn exec
=utrix 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 desire that no appraisment of the effects be made and that
[corresponds to page 142 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Ashburn decd. February 19th 1864
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the
twelfth day of February A.D. 1864.
On the 9th day of December A.D. 1863 Mr Baxter presented
the last will and testaemnt of John Ashburn decd. for probate
and record. Thereupon Jonathan M. Coomer one of the
witnesses thereto appeared in court, and his deposition was
duly taken and annexed to the will. And it appearing
that Stephen Curren the other witness thereto under in the
State of Missouri, the court upon motion issued a com
=mission with the will annexed to James C. Morehouse
Esqr. of White Cloud in Nodaway County, Missouri, to take and
certify the testimony of said Curren as to the execution and
attestation of the said will and to report the same to this
court. Commission accordingly sent.
And afterwards to wit, on the 12th day of February A.D. 1864
on motion, and the Commission heretofore issued to prove
the will being returned with the testimony of Stephen Curren
duly returned by James C. Morehouse the Commissioner, and the
testimony of the witnesses being now reduced to writing, and annexed
to the will and filed therewith. And it now appearing to the
court that the said will was duly executed and attested, and
that the testator at the time of executing the same was
of full age, of sound mind and memory, and not under
any restraint; thereupon the court whose consideration
thereof, orders that the said will be admitted to probate and
duly proved as the last will and testament of the said John
Ashburn decd, and ordered to be recorded as such.
T.W. Powell Probate Judge.
Copy and record of the will.
In the name of the Benevolent Father of All.
I John Ashburn of the State of Ohio and Delaware County, do
make and publish this my last will and testament.
1st I give and devise to my mother Lydia Ashburn all
moneys and effects belonging to me at this time, and all
other moneys and effects that I may acquire during my
natural life, to have and depose of to her own use
as she desires.
2d In case that my mother Lydia Ashburn should decease
it is my will that the effects above mentioned shall pass to
and be invested in write to my sister Elizabeth Ashburn.
3d I do hereby nominate and appoint Lydia Ashburn exec
=utrix 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 desire that no appraisment of the effects be made and that
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 175)
Description
[page 175]
[corresponds to page 143 of Will Records Vol. 4 - 1859-1869]
Record of the will of John Ashburn decd. Feby 12, 1864.
Probate direct the omission of the same in pursuance
of the statute.
In testimony whereof I have hereunto set my hand and
seal this 17th day of February 1862.
Signed and ackowledged by said ) (Signed) John Ashburn [seal]
John Ashburn as his last will )
and testament in our presence, and )
signed by us. (signed) J.M. Coomer )
S. Curren. ) (end of the will.)
Copy & record of the testimony.
The State of Ohio, Delaware County Ss.
We Jonathan M. Coomer and _______ ______ being duly sworn
in open court this 9th day of December A.D. 1863, depose and
say, that we myself and Stephen Curren were present at the
execution of the last will and testament of John Ashburn 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 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) J.M. Coomer
Sworn to and subscribed before me this 9th day of December
A.D. 1863. T.W. Powell Probate Judge.
(Also signed) S. Curren
Sworn to and subscribed before me this 23d day of January 1864
Commissioner.
Copy of the Commission & return.
The State of Ohio, Delaware County Ss.
for the court of Probate in & for the said county.
To James C. Morehouse Esqr. of Nodaway County, Mo.
Sir,
Having special confidence in your integrity
and ability, you are hereby appointed a commissioner
and are hereby authorized and empowered to take the
testimony of Stephen Curren as one of the witnesses to
the will and testament of John Ashburn hereto annexed,
bearing date the 17th day of February 1862 and witnessed by
J.M. Coomer and said S. Curren; and reduce his testimony
to writing as in cases of deposition in order to prove
the due execution of the said will, and then seal up
the same together with the will, and return to the same to this
court properly directed.
In testimony whereof I Thomas W. Powell Probate
[Seal] Judge of the said county on this 9th day of December
1863 have hereunto affixed my signature & the seal of the
said court at Delaware, Ohio.
T.W. Powell Probate Judge
[corresponds to page 143 of Will Records Vol. 4 - 1859-1869]
Record of the will of John Ashburn decd. Feby 12, 1864.
Probate direct the omission of the same in pursuance
of the statute.
In testimony whereof I have hereunto set my hand and
seal this 17th day of February 1862.
Signed and ackowledged by said ) (Signed) John Ashburn [seal]
John Ashburn as his last will )
and testament in our presence, and )
signed by us. (signed) J.M. Coomer )
S. Curren. ) (end of the will.)
Copy & record of the testimony.
The State of Ohio, Delaware County Ss.
We Jonathan M. Coomer and _______ ______ being duly sworn
in open court this 9th day of December A.D. 1863, depose and
say, that we myself and Stephen Curren were present at the
execution of the last will and testament of John Ashburn 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 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) J.M. Coomer
Sworn to and subscribed before me this 9th day of December
A.D. 1863. T.W. Powell Probate Judge.
(Also signed) S. Curren
Sworn to and subscribed before me this 23d day of January 1864
Commissioner.
Copy of the Commission & return.
The State of Ohio, Delaware County Ss.
for the court of Probate in & for the said county.
To James C. Morehouse Esqr. of Nodaway County, Mo.
Sir,
Having special confidence in your integrity
and ability, you are hereby appointed a commissioner
and are hereby authorized and empowered to take the
testimony of Stephen Curren as one of the witnesses to
the will and testament of John Ashburn hereto annexed,
bearing date the 17th day of February 1862 and witnessed by
J.M. Coomer and said S. Curren; and reduce his testimony
to writing as in cases of deposition in order to prove
the due execution of the said will, and then seal up
the same together with the will, and return to the same to this
court properly directed.
In testimony whereof I Thomas W. Powell Probate
[Seal] Judge of the said county on this 9th day of December
1863 have hereunto affixed my signature & the seal of the
said court at Delaware, Ohio.
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 176)
Description
[page 176]
[corresponds to page 144 of Will Records Vol. 4 - 1859-1869]
Record of the will of John Ashburn decd. Feby. 12th 1864
Report, enclosed on & with the commission & will
I the within named James C. Morehouse do hereby
certify that in pursuance of the within commission, the
within named Stephen Curren on the 23d day of January
A.D. 1864, personally appeared before me and was duly sworn
by me to testify the truth, the whole truth and nothing but
the truth as to the execution of the last will and testament
of John Ashburn decd. and on his said oath testifies and
says that he said Stephen Curren and Jonathan M. Coomer
were present at the execution of the said will hereto annexed,
that we saw the said John Ashburn subscribe the same
and heard him publish & declare the same to be his
last will and testament, and that the said testator at the time of
executing the same was of full age, and of sound mind
and memory, and not under any restraint, and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other.
(signed) S.Curren
Subscribed and sworn to before me the day and
year above written.
(signed) James C. Morehouse) Special
) Commissioner
___________________
Will of Squire Wheaton decd.
Proceedings had before Thomas W. Powell Judge of the probate court
in and for the county of Delaware and State of Ohio, at his office
in the town of Delaware on the 12th day of February A.D. 1864.
This day the last will and testament of Squire Wheaton late of
Trenton Township in this county decd. was presented to the court
for probate and record. Thereupon Charles L. Murphy and George
Jacobus witnesses to the said will came into court and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the said will and filed therewith; and it appear
=ing to the court that the said will was duly executed and attested
and that the testator at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as duly
proved as the last will and testament of the said Squire Wheaton
and ordered to be recorded as such.
Copy and record of the will.
To whom it may concern know ye, that I Squire Wheaton of the
Township of Trenton, Delaware County and the State of Ohio, being
of sound mind and memory, and in good bodily health do
make and declare this my last will and testament as follows
to wit, First, I will and direct that my executors hereinafter
named shall pay all my funeral expenses - all my just debts
and purchases for myself and my wife suitable tomb stones
[corresponds to page 144 of Will Records Vol. 4 - 1859-1869]
Record of the will of John Ashburn decd. Feby. 12th 1864
Report, enclosed on & with the commission & will
I the within named James C. Morehouse do hereby
certify that in pursuance of the within commission, the
within named Stephen Curren on the 23d day of January
A.D. 1864, personally appeared before me and was duly sworn
by me to testify the truth, the whole truth and nothing but
the truth as to the execution of the last will and testament
of John Ashburn decd. and on his said oath testifies and
says that he said Stephen Curren and Jonathan M. Coomer
were present at the execution of the said will hereto annexed,
that we saw the said John Ashburn subscribe the same
and heard him publish & declare the same to be his
last will and testament, and that the said testator at the time of
executing the same was of full age, and of sound mind
and memory, and not under any restraint, and that we
signed the same as witnesses at his request and in his presence
and in the presence of each other.
(signed) S.Curren
Subscribed and sworn to before me the day and
year above written.
(signed) James C. Morehouse) Special
) Commissioner
___________________
Will of Squire Wheaton decd.
Proceedings had before Thomas W. Powell Judge of the probate court
in and for the county of Delaware and State of Ohio, at his office
in the town of Delaware on the 12th day of February A.D. 1864.
This day the last will and testament of Squire Wheaton late of
Trenton Township in this county decd. was presented to the court
for probate and record. Thereupon Charles L. Murphy and George
Jacobus witnesses to the said will came into court and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the said will and filed therewith; and it appear
=ing to the court that the said will was duly executed and attested
and that the testator at the time of executing the same
was of full age and of sound mind and memory and not
under any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as duly
proved as the last will and testament of the said Squire Wheaton
and ordered to be recorded as such.
Copy and record of the will.
To whom it may concern know ye, that I Squire Wheaton of the
Township of Trenton, Delaware County and the State of Ohio, being
of sound mind and memory, and in good bodily health do
make and declare this my last will and testament as follows
to wit, First, I will and direct that my executors hereinafter
named shall pay all my funeral expenses - all my just debts
and purchases for myself and my wife suitable tomb stones
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 177)
Description
[page 177]
[corresponds to page 145 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Squire Wheaton decd. February 12th 1864.
to be erected at our several graves after our deaths respectively.
Secondly, I give and bequeath to my wife mercy, the use
and benefit during her natural life time of the homestead
which I now occupy, being the thirty acres of land which I purchased
of Silas C. Williams lying and being in the Township of Trenton
aforesaid. I also give and bequeath to my said wife during
her natural life, the interest payable annually of the sum of
five hundred dollars; which sum of five hundred dollars
shall be invested by said executors in such manner
as they shall deem most advisable so that the interest shall
be paid annually during her life time, and the principal
payable within at least one year thereafter. I also give to
my said wife the use and benefit during her life time
of all the household furnature remaining on the premises
at the time of my death.
Third, I will and direct that all my chattel property
not including the household furnature above given to my
wife, shall be sold as soon after my death as may be con=
=venient at public auction by my said executors on such terms
as they shall deem expedient. Also that after the death of my said
wife, the household furnature shall also be sold in like manner.
Fourth. I give and bequeath to my son Martin S. Wheaton
in fee simple subject to the aforesaid life estate of my said
wife, the above mentioned homestead property with the
appurtenances; provided he shall pay my said executors within
one year from the time he shall become entitled to the
posession of said property, the sum of two hundred dollars
for the benefit of his sisters and herein after provided.
Fifth. I give and bequeath in fee simple to my son Morris
Wheaton the farm he now occupies, being the tract of land I
purchased of Soloman Walker lying in Trenton township aforesaid
and containing forty one acres, with the appurtenances, provided
he shall pay to my said executors within one year from the
time of my death the sum of one hundred dollars for the
benefit of his sisters as hereinafter provided.
Sixth. I give and bequeath to my son Charles Wheaton the sum
of fifty dollars.
Seventh. All the residue of my estate I give and bequeath
to my six daughters, to wit: Sarah Walker, Eliza Potter, Martha
Kelchum, Maria Condit, Abigal Rush and Harriet Condit, to
be paid to and divided among them share and share a like
by my said executors as soon and as fast as the money shall
by then be realized; that is to say, my said several daughters
shall respectively by themselves or their heirs be entitled to
demand and receive from my executors their respective shares
of any money properly belonging to them, which my said executors
may from time to time receive until the whole
estate shall then be formally settled and closed up.
[corresponds to page 145 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Squire Wheaton decd. February 12th 1864.
to be erected at our several graves after our deaths respectively.
Secondly, I give and bequeath to my wife mercy, the use
and benefit during her natural life time of the homestead
which I now occupy, being the thirty acres of land which I purchased
of Silas C. Williams lying and being in the Township of Trenton
aforesaid. I also give and bequeath to my said wife during
her natural life, the interest payable annually of the sum of
five hundred dollars; which sum of five hundred dollars
shall be invested by said executors in such manner
as they shall deem most advisable so that the interest shall
be paid annually during her life time, and the principal
payable within at least one year thereafter. I also give to
my said wife the use and benefit during her life time
of all the household furnature remaining on the premises
at the time of my death.
Third, I will and direct that all my chattel property
not including the household furnature above given to my
wife, shall be sold as soon after my death as may be con=
=venient at public auction by my said executors on such terms
as they shall deem expedient. Also that after the death of my said
wife, the household furnature shall also be sold in like manner.
Fourth. I give and bequeath to my son Martin S. Wheaton
in fee simple subject to the aforesaid life estate of my said
wife, the above mentioned homestead property with the
appurtenances; provided he shall pay my said executors within
one year from the time he shall become entitled to the
posession of said property, the sum of two hundred dollars
for the benefit of his sisters and herein after provided.
Fifth. I give and bequeath in fee simple to my son Morris
Wheaton the farm he now occupies, being the tract of land I
purchased of Soloman Walker lying in Trenton township aforesaid
and containing forty one acres, with the appurtenances, provided
he shall pay to my said executors within one year from the
time of my death the sum of one hundred dollars for the
benefit of his sisters as hereinafter provided.
Sixth. I give and bequeath to my son Charles Wheaton the sum
of fifty dollars.
Seventh. All the residue of my estate I give and bequeath
to my six daughters, to wit: Sarah Walker, Eliza Potter, Martha
Kelchum, Maria Condit, Abigal Rush and Harriet Condit, to
be paid to and divided among them share and share a like
by my said executors as soon and as fast as the money shall
by then be realized; that is to say, my said several daughters
shall respectively by themselves or their heirs be entitled to
demand and receive from my executors their respective shares
of any money properly belonging to them, which my said executors
may from time to time receive until the whole
estate shall then be formally settled and closed up.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 178)
Description
[page 178]
[corresponds to page 146 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Squire Wheaton, February 12th 1864.
Eighth. I do hereby nominate and appoint my son Charles
Wheaton and Edgar M. Condit executors of this my last will and
testament; and should either of them die or refuse to serve,
then the other or survivor to act as sole executor hereof.
And I do hereby release my said Executors & each of them from
all liability to give personal or other security, beyond their
own bonds for the faithful discharge of the trust herein
committed to them; it being my will that the court shall to
their own bond or bonds, in the usual form without requiring
them or either of them to give additional
security thereon.
In testimony whereof I have hereunto set my hand &
seal this 5 day of May A.D. 1859.
(signed) Squire Wheaton [seal]
The above and foregoing instrument was signed )
and sealed in our presence, the said Squire Wheaton )
then & there declaring that he signed and sealed )
the same as his last will & testament and wishes )
us to bear witness of the same. Attest. )
(signed) Charles L. Murphy
George Jacobus. (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County Ss.
We Charles L. Murphy and George Jacobus being duly sworn
in open court this 19th day of February A.D. 1864, depose and say
that we were present at the execution of the last will and
testament of Squire Wheaton 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 this request
and in his presence, and in the presence of each other.
(Signed) Charles L. Murphy
George Jacobus.
Sworn to and subscribed before me this 12th day of February
A.D. 1864. T.W. Powell Probate Judge
________________________
[corresponds to page 146 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Squire Wheaton, February 12th 1864.
Eighth. I do hereby nominate and appoint my son Charles
Wheaton and Edgar M. Condit executors of this my last will and
testament; and should either of them die or refuse to serve,
then the other or survivor to act as sole executor hereof.
And I do hereby release my said Executors & each of them from
all liability to give personal or other security, beyond their
own bonds for the faithful discharge of the trust herein
committed to them; it being my will that the court shall to
their own bond or bonds, in the usual form without requiring
them or either of them to give additional
security thereon.
In testimony whereof I have hereunto set my hand &
seal this 5 day of May A.D. 1859.
(signed) Squire Wheaton [seal]
The above and foregoing instrument was signed )
and sealed in our presence, the said Squire Wheaton )
then & there declaring that he signed and sealed )
the same as his last will & testament and wishes )
us to bear witness of the same. Attest. )
(signed) Charles L. Murphy
George Jacobus. (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County Ss.
We Charles L. Murphy and George Jacobus being duly sworn
in open court this 19th day of February A.D. 1864, depose and say
that we were present at the execution of the last will and
testament of Squire Wheaton 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 this request
and in his presence, and in the presence of each other.
(Signed) Charles L. Murphy
George Jacobus.
Sworn to and subscribed before me this 12th day of February
A.D. 1864. T.W. Powell Probate Judge
________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 179)
Description
[page 179]
[corresponds to page 147 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Holt decd. February 11th 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 11th day of February
A.D. 1864.
On this day the last will and testament of said John Holt decd
was presented for probate and record. Thereupon William Williams
and Sampson Wallace, the witnesses to the said will came into court
and were duly sworn and examined; and their testimony reduced
to writing, and now annexed to the will and filed therewith,
and it appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint, thereupon the court upon consideration
thereof orders that the said will be admitted to probate and duly
proved as the last will and testament of the said John
Holt decd. and ordered to be recorded as such.
Copy and Record of the Will.
I, John Holt 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
Holt the farm on which we now reside, situate in Brown
Township in the county of Delaware, Ohio, and in Range No. 18,
Township No. 5 Section No. 2 and lot No. 11 during her natural
life; and all the live stock, horses, cattles, sheep and hogs etc.
by me owned and kept thereon; also all the household furna
=ture, farming utensils and other items not particularly
named, during her natural life as aforesaid; she
however first disposing of a sufficiency thereof
to pay my just debts and expenses as aforesaid. At the
death of my said wife all the property hereby devised or bequeathed
to her aforesaid or so much thereof as may then remain
unexpended, it is my will shall be disposed of as follows,
that my daughter Sarah Jane, my daughter Emily, my son
William L. and my son Evan each receiving the sum
of two hundred - and whatever shall be and remain of my
estate after the eight hundred dollars alone devised, shall
be divided as aforesaid, shall be equally divided amoungst
my five daughters and three sons, share and share alike
Vig. Elizabeth Main, Sarah Jane Holt, Emily Holt, Ellen Wigton
Hannah Holt, William L. Holt, Evan Holt and Mareus L. Holt
I desire that no appraisment be made of my personal property
at my death, and that the court of Probate direct the omission
of the same in pursuance of the statute.
In testimony whereof I have hereunto set my hand
(over)
[corresponds to page 147 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Holt decd. February 11th 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 11th day of February
A.D. 1864.
On this day the last will and testament of said John Holt decd
was presented for probate and record. Thereupon William Williams
and Sampson Wallace, the witnesses to the said will came into court
and were duly sworn and examined; and their testimony reduced
to writing, and now annexed to the will and filed therewith,
and it appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint, thereupon the court upon consideration
thereof orders that the said will be admitted to probate and duly
proved as the last will and testament of the said John
Holt decd. and ordered to be recorded as such.
Copy and Record of the Will.
I, John Holt 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
Holt the farm on which we now reside, situate in Brown
Township in the county of Delaware, Ohio, and in Range No. 18,
Township No. 5 Section No. 2 and lot No. 11 during her natural
life; and all the live stock, horses, cattles, sheep and hogs etc.
by me owned and kept thereon; also all the household furna
=ture, farming utensils and other items not particularly
named, during her natural life as aforesaid; she
however first disposing of a sufficiency thereof
to pay my just debts and expenses as aforesaid. At the
death of my said wife all the property hereby devised or bequeathed
to her aforesaid or so much thereof as may then remain
unexpended, it is my will shall be disposed of as follows,
that my daughter Sarah Jane, my daughter Emily, my son
William L. and my son Evan each receiving the sum
of two hundred - and whatever shall be and remain of my
estate after the eight hundred dollars alone devised, shall
be divided as aforesaid, shall be equally divided amoungst
my five daughters and three sons, share and share alike
Vig. Elizabeth Main, Sarah Jane Holt, Emily Holt, Ellen Wigton
Hannah Holt, William L. Holt, Evan Holt and Mareus L. Holt
I desire that no appraisment be made of my personal property
at my death, and that the court of Probate direct the omission
of the same in pursuance of the statute.
In testimony whereof I have hereunto set my hand
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 180)
Description
[page 180]
[corresponds to page 148 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Holt. February 11th 1864.
and seal this 16th day of February 1863.
Signed and acknowledged by said ) (signed) John Holt [seal]
John Holt as his last will and )
testament in our presence )
(Signed) Wm Williams
[U.S. Stamp] Sampson Wallace.
[$1.00] (end of the will)
Copy and Record of the testimony.
The State of Ohio, Delaware County Ss.
We William Williams and Sampson Wallace being duly
sworn in open court this 11th day of February A.D. 1864 depose
and say, that we were present at the execution of the last will
and testament of John Holt 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.
(signed) Sampson Wallace
Wm Williams.
Sworn to and subscribed before me this 11th day of February
A.D. 1864. T.W. Powell Probate Judge
For the election of widow & letters testamenatry see Journal 2.2114
___________________________
Record of the Will of Griffith Thomas decd.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 22d day of February
A.D. 1864.
This day Isaac Thomas presented the last will and testament of
Griffith Thomas late of Oxford Township decd. to the court for
probate and record. Thereupon Jonathan Nicholas and William
Williams the witnesses to the said will came into court and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the will and filed therewith; and it appearing
to the court that the said will was duly executed and attested; and that
the testator at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint
thereupon the court, upon considerations thereof, orders that
the said will be admitted to probate as duly proved as the last
will and testament of the said Griffith Thomas decd and ordered
to be recorded as such. (Letters testamentary granted. Jour.2.276.)
Copy and Record of the will.
I Griffith Thomas of the county of Delaware and State of Ohio
do make and publish this my last will and testament.
Item first. I give and bequeath to my youngest daughter
[corresponds to page 148 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Holt. February 11th 1864.
and seal this 16th day of February 1863.
Signed and acknowledged by said ) (signed) John Holt [seal]
John Holt as his last will and )
testament in our presence )
(Signed) Wm Williams
[U.S. Stamp] Sampson Wallace.
[$1.00] (end of the will)
Copy and Record of the testimony.
The State of Ohio, Delaware County Ss.
We William Williams and Sampson Wallace being duly
sworn in open court this 11th day of February A.D. 1864 depose
and say, that we were present at the execution of the last will
and testament of John Holt 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.
(signed) Sampson Wallace
Wm Williams.
Sworn to and subscribed before me this 11th day of February
A.D. 1864. T.W. Powell Probate Judge
For the election of widow & letters testamenatry see Journal 2.2114
___________________________
Record of the Will of Griffith Thomas decd.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 22d day of February
A.D. 1864.
This day Isaac Thomas presented the last will and testament of
Griffith Thomas late of Oxford Township decd. to the court for
probate and record. Thereupon Jonathan Nicholas and William
Williams the witnesses to the said will came into court and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the will and filed therewith; and it appearing
to the court that the said will was duly executed and attested; and that
the testator at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint
thereupon the court, upon considerations thereof, orders that
the said will be admitted to probate as duly proved as the last
will and testament of the said Griffith Thomas decd and ordered
to be recorded as such. (Letters testamentary granted. Jour.2.276.)
Copy and Record of the will.
I Griffith Thomas of the county of Delaware and State of Ohio
do make and publish this my last will and testament.
Item first. I give and bequeath to my youngest daughter
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 181)
Description
[page 181]
[corresponds to page 149 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Griffith Thomas decd. Feby 22d 1864.
Ida Thomas 4 [76 (87/160)/160] acres of land adjoining the village
of Ashley on the west side of the C.C. & C.C.R.R. also five town lots
in the town of Ashley Nos. 10.11.12.13.14. It being the same land
and town lots deeded to me by John Thomas, February 15th 1861.
Item Second. I devise and bequeath to my two daughters
living in Wales three hundred and fifty dollars each.
All the property and effects that may remain of my estate
after paying the above mentioned seven hundred dollars to my
two daughters in Wales it is my will shall be equally divided
amoungst my children, to wit; Liza and Bridget now in Wales,
Mary Thurman, Herbert Thomas, Ural Thomas, Isaac Thomas
John Thomas, Daniel Thomas, Sarah Thomas and Ida Thomas,
Item third. I do hereby appoint my son Isaac Thomas
Guardian of my infant daughter Ida Thomas; Also executor
of this will. I hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 11th day of December A.D. 1863. his
Signed and acknowledged by said ) (Signed) Griffith x Thomas [seal]
Griffith Thomas as his last will ) mark
and testament in our presence )
and signed by us in his presence )
(signed) Wm Williams )
Jonathan Nicholas. ) (end of the will)
Copy and record of the testimony.
The State of Ohio, Delaware County, Ss.
We William Williams and Jonathan Nicholas being duly
sworn in open court this 22d day of February A.D. 1864, depose
and say that we were present at the execution of the last will
and testament of Griffith Thomas decd. hereto annexed; that
we saw the said testator subscribe the 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.
(signed) Jonathan Nicholas
Wm Williams
Sworn to and subscribed before me this 22d day of February
A.D. 1864. T.W. Powell Probate Judge
______________________
[corresponds to page 149 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Griffith Thomas decd. Feby 22d 1864.
Ida Thomas 4 [76 (87/160)/160] acres of land adjoining the village
of Ashley on the west side of the C.C. & C.C.R.R. also five town lots
in the town of Ashley Nos. 10.11.12.13.14. It being the same land
and town lots deeded to me by John Thomas, February 15th 1861.
Item Second. I devise and bequeath to my two daughters
living in Wales three hundred and fifty dollars each.
All the property and effects that may remain of my estate
after paying the above mentioned seven hundred dollars to my
two daughters in Wales it is my will shall be equally divided
amoungst my children, to wit; Liza and Bridget now in Wales,
Mary Thurman, Herbert Thomas, Ural Thomas, Isaac Thomas
John Thomas, Daniel Thomas, Sarah Thomas and Ida Thomas,
Item third. I do hereby appoint my son Isaac Thomas
Guardian of my infant daughter Ida Thomas; Also executor
of this will. I hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this 11th day of December A.D. 1863. his
Signed and acknowledged by said ) (Signed) Griffith x Thomas [seal]
Griffith Thomas as his last will ) mark
and testament in our presence )
and signed by us in his presence )
(signed) Wm Williams )
Jonathan Nicholas. ) (end of the will)
Copy and record of the testimony.
The State of Ohio, Delaware County, Ss.
We William Williams and Jonathan Nicholas being duly
sworn in open court this 22d day of February A.D. 1864, depose
and say that we were present at the execution of the last will
and testament of Griffith Thomas decd. hereto annexed; that
we saw the said testator subscribe the 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.
(signed) Jonathan Nicholas
Wm Williams
Sworn to and subscribed before me this 22d day of February
A.D. 1864. T.W. Powell Probate Judge
______________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 182)
Description
[page 182]
[corresponds to page 150 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram Bean decd. March 4th 1864
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
[in left margin: Jour. 2. 279.]
of Ohio at his office in the town of Delaware on the fourth
day of March A.D. 1864.
This day the last will and testament of Hiram Bean
[in left margin: Widow's election
Jour. 2. 291.]
of Sciota Township decd. was presented for probate and
record. Thereupon Daniel Dorwart and Daniel Maugans,
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and
now annexed to the will and filed therewith; and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not under
any restraint, thereupon the court, upon consideration
thereof, orders that the said will be admitted to probate
duly proved as the last will and testament of the said Hiram
Bean decd. and ordered to be recorded as such.
Copy and record of the Will.
I, Hiram Bean do make the following bequest as my
last will and testament:-
1st That all my just debts be paid.
2d After paying the debts, I give and bequeath unto my
beloved wife so long as she shall remain my widow all
my real and personal property.
February 19th 1864. (signed) Hiram Bean.
Witnesses (signed) Daniel Dorwart
Daniel Maugans. (end of the will)
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County, Ss.
We Daniel Dorwart and Daniel Maugans being duly sworn
in open court this 4th day of march A.D. 1864. depose and say
that we were present at the execution of the last will and testament
of Hiram Bean hereto 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 testimony, 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) Daniel Dorwart
Daniel Maugans.
Sworn to and subscribed before me this 4th day of March A.D. 1864.
T.W. Powell Probate Judge
_________________________
[corresponds to page 150 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram Bean decd. March 4th 1864
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
[in left margin: Jour. 2. 279.]
of Ohio at his office in the town of Delaware on the fourth
day of March A.D. 1864.
This day the last will and testament of Hiram Bean
[in left margin: Widow's election
Jour. 2. 291.]
of Sciota Township decd. was presented for probate and
record. Thereupon Daniel Dorwart and Daniel Maugans,
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and
now annexed to the will and filed therewith; and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not under
any restraint, thereupon the court, upon consideration
thereof, orders that the said will be admitted to probate
duly proved as the last will and testament of the said Hiram
Bean decd. and ordered to be recorded as such.
Copy and record of the Will.
I, Hiram Bean do make the following bequest as my
last will and testament:-
1st That all my just debts be paid.
2d After paying the debts, I give and bequeath unto my
beloved wife so long as she shall remain my widow all
my real and personal property.
February 19th 1864. (signed) Hiram Bean.
Witnesses (signed) Daniel Dorwart
Daniel Maugans. (end of the will)
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County, Ss.
We Daniel Dorwart and Daniel Maugans being duly sworn
in open court this 4th day of march A.D. 1864. depose and say
that we were present at the execution of the last will and testament
of Hiram Bean hereto 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 testimony, 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) Daniel Dorwart
Daniel Maugans.
Sworn to and subscribed before me this 4th day of March A.D. 1864.
T.W. Powell Probate Judge
_________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 183)
Description
[page 183]
[corresponds to page 151 of Will Records Vol. 4 - 1859-1869]
Record of the will of Susan Wise decd. March 17th 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the 17th
day of March A.D. 1864.
This day George T. Wolfley presented the last will and testament
of Susan Wise late of Troy Township decd. for probate and
record. Thereupon Duncan P. Darst and Samuel Darst wit=
=nesses to the said will came into court, and were duly sworn
and examined, and their testimony reduced to writing and annexed to
the said will and now filed therewith; and it appearing to the court that
the said will was duly executed and attested; and that the testatrix
was of full age, and of sound mind and memory, and not under
any restraint; thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Susan Wise decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of All.
I, Susan Wise of the county of Delaware and State of
Ohio, being of sound mind do make and publish this my
last will and testament in the manner and form following:-
My property consisting of my farm and stock on the farm
and all other property belonging to me; except the household furn
=nature; which furnature I give and bequeath in equal
proportions between my daughters Christian Wise, Minerva
Wise and Alora Wise; the said farm and property to be sold and
distributed as follows: - First, that my funeral expenses and all my
just debts be fully paid.
Second. I give and bequeath to Phillip Wise the sum of one
hundred dollars, and the rest of my property I bequeath and divide
equal between my children Duncan Wise, Christian Wise,
Minerva Wise, William E. Wise, Alora Wise and Samuel Wise.
And lastly I hereby constitute and appoint George T. Wolfley to be
the executor of this my last will and testament, revoking and
annulling all wills by me made; and ratifying and confirming
this and no other to be my last will and testament.
On this 5th day of February one thousand eight hundred
and sixty three. (signed) Susan Wise [seal]
In the presence of
(signed) Duncan P. Darst
Samuel Darst (end of the will.)
Record of the testimony.
The State of Ohio Delaware County Ss.
We Duncan P. Darst and Samuel Darst being duly sworn in
open court this 17th day of March A.D. 1864. depose and say that
we were present at the execution of the last will and testament of
Susan Wise hereto annexed, that we saw the said testatrix
subscribe said will and heard her publish and declare the
[corresponds to page 151 of Will Records Vol. 4 - 1859-1869]
Record of the will of Susan Wise decd. March 17th 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the 17th
day of March A.D. 1864.
This day George T. Wolfley presented the last will and testament
of Susan Wise late of Troy Township decd. for probate and
record. Thereupon Duncan P. Darst and Samuel Darst wit=
=nesses to the said will came into court, and were duly sworn
and examined, and their testimony reduced to writing and annexed to
the said will and now filed therewith; and it appearing to the court that
the said will was duly executed and attested; and that the testatrix
was of full age, and of sound mind and memory, and not under
any restraint; thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Susan Wise decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of All.
I, Susan Wise of the county of Delaware and State of
Ohio, being of sound mind do make and publish this my
last will and testament in the manner and form following:-
My property consisting of my farm and stock on the farm
and all other property belonging to me; except the household furn
=nature; which furnature I give and bequeath in equal
proportions between my daughters Christian Wise, Minerva
Wise and Alora Wise; the said farm and property to be sold and
distributed as follows: - First, that my funeral expenses and all my
just debts be fully paid.
Second. I give and bequeath to Phillip Wise the sum of one
hundred dollars, and the rest of my property I bequeath and divide
equal between my children Duncan Wise, Christian Wise,
Minerva Wise, William E. Wise, Alora Wise and Samuel Wise.
And lastly I hereby constitute and appoint George T. Wolfley to be
the executor of this my last will and testament, revoking and
annulling all wills by me made; and ratifying and confirming
this and no other to be my last will and testament.
On this 5th day of February one thousand eight hundred
and sixty three. (signed) Susan Wise [seal]
In the presence of
(signed) Duncan P. Darst
Samuel Darst (end of the will.)
Record of the testimony.
The State of Ohio Delaware County Ss.
We Duncan P. Darst and Samuel Darst being duly sworn in
open court this 17th day of March A.D. 1864. depose and say that
we were present at the execution of the last will and testament of
Susan Wise hereto annexed, that we saw the said testatrix
subscribe said will and heard her publish and declare the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 184)
Description
[page 184]
[corresponds to page 152 of Will Records Vol. 4 - 1859-1869]
Record of the will of Susan Wise, March 17th 1864
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 signed the same as witnesses at her
request and in her presence and in the presence of
each other. (Signed) Duncan P. Darst
Samuel Darst
Sworn to and subscribed before me this 17th day of
March A.D. 1864. T.W. Powell Probate Judge.
________________________
Record of the Will of William Shaw decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on
the 17th day of March A.D. 1864.
This day the last will and testament of William Shaw late
of Berlin Township decd. was presented for Probate and record.
Thereupon William B. Shaw and John Gregg the witnesses to
said will came into court and were duly sworn and examined
and their testimony reduced to writing and annexed to the will
and filed therewith; and it appearing to the court that the said
will was duly executed and attested; and that the testator at the
time of executing the same was of full age, and of
sound mind and memory and not under any restraint
thereupon the court upon consideration thereof orders that
the said will be admitted to probate and duly proved as the last
will and testament of the said William Shaw decd. and ordered
to be recorded as such.
Copy and record of the will.
Know all men by these present that I, William Shaw of
Berlin Township Delaware County of the State of Ohio, being of
a sound mind mind and memory do make and publish this
my last will and testament as follows:-
I give and bequeath to my brother Samuel Shaw his heirs and
assigns, the following, beginning at the N. East corner of lot No. 27
in Sec. 2. Township 4. Range 18, thence South 50 perches, thence
west 40 perches, thence north 50 perches to the north line of the
said lot No. 27, thence following said line to place of beginning
excepting such portions of said lot as is cut off and occupied by
the curve of the C.C. & C.R.R.
And I appoint my brother Samuel Shaw as executor of
this my last will and testament, in testimony whereof I have
set my hand and seal and publish and declare this my last
will and testament in the presence of these witnesses this 27th
day of November in the year of our lord 1862.
(Signed) William Shaw
[corresponds to page 152 of Will Records Vol. 4 - 1859-1869]
Record of the will of Susan Wise, March 17th 1864
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 signed the same as witnesses at her
request and in her presence and in the presence of
each other. (Signed) Duncan P. Darst
Samuel Darst
Sworn to and subscribed before me this 17th day of
March A.D. 1864. T.W. Powell Probate Judge.
________________________
Record of the Will of William Shaw decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on
the 17th day of March A.D. 1864.
This day the last will and testament of William Shaw late
of Berlin Township decd. was presented for Probate and record.
Thereupon William B. Shaw and John Gregg the witnesses to
said will came into court and were duly sworn and examined
and their testimony reduced to writing and annexed to the will
and filed therewith; and it appearing to the court that the said
will was duly executed and attested; and that the testator at the
time of executing the same was of full age, and of
sound mind and memory and not under any restraint
thereupon the court upon consideration thereof orders that
the said will be admitted to probate and duly proved as the last
will and testament of the said William Shaw decd. and ordered
to be recorded as such.
Copy and record of the will.
Know all men by these present that I, William Shaw of
Berlin Township Delaware County of the State of Ohio, being of
a sound mind mind and memory do make and publish this
my last will and testament as follows:-
I give and bequeath to my brother Samuel Shaw his heirs and
assigns, the following, beginning at the N. East corner of lot No. 27
in Sec. 2. Township 4. Range 18, thence South 50 perches, thence
west 40 perches, thence north 50 perches to the north line of the
said lot No. 27, thence following said line to place of beginning
excepting such portions of said lot as is cut off and occupied by
the curve of the C.C. & C.R.R.
And I appoint my brother Samuel Shaw as executor of
this my last will and testament, in testimony whereof I have
set my hand and seal and publish and declare this my last
will and testament in the presence of these witnesses this 27th
day of November in the year of our lord 1862.
(Signed) William Shaw
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 185)
Description
[page 185]
[corresponds to page 153 of Will Records Vol. 4 - 1859-1869]
Record of the Will of William Shaw decd. March 17th 1864.
Signed, sealed, published and declared by the said William Shaw
as and for his last will and testament in the presence
of us, who at his request and in his presence, and
we in the presence of each other have subscribed our
names. (subscribed) W.B. Shaw
John Gregg
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County, Ss.
We William B. Shaw and John Gregg being duly sworn
in open court this 12th day of March A.D. 1864. depose
and say, that we were present at the execution of the
last will and testament of William Shaw 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 that we signed the same as witnesses at his request
and in his presence and in the presence of each other.
(Signed) William B. Shaw
John Gregg
Sworn to and subscribed before me this 12th day of March
A.D. 1864. T.W. Powell Probate Judge
___________________________
Record of the Will of Joseph Greenlee decd.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 25th day of March
A.D. 1864.
This day John Greenlee presented the last will and testament
of Joseph Greenlee late of Troy Township decd. for probate and record.
Thereupon John Cunningham and Joseph C. Bishop witnesses
to the said will came into court and were duly sworn and exam=
=ined, and their testimony reduced to writing, and now annexed to
the will and filed therewith; and it appearing to the court that
the said will was duly executed and attested, and that the testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint. There=
=upon the court, upon consideration as the last will and testament of
the said Joseph Greenlee decd. also ordered to be recorded as such.
Widow elects to take under the will, See Jour. 2.284.
Copy and record of the will.
I Joseph Greenlee of the County of Delaware, Ohio do
make and publish this my last will and testament in manner
and form following:-
First. it is my will that all my personal property and effects be sold,
[corresponds to page 153 of Will Records Vol. 4 - 1859-1869]
Record of the Will of William Shaw decd. March 17th 1864.
Signed, sealed, published and declared by the said William Shaw
as and for his last will and testament in the presence
of us, who at his request and in his presence, and
we in the presence of each other have subscribed our
names. (subscribed) W.B. Shaw
John Gregg
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County, Ss.
We William B. Shaw and John Gregg being duly sworn
in open court this 12th day of March A.D. 1864. depose
and say, that we were present at the execution of the
last will and testament of William Shaw 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 that we signed the same as witnesses at his request
and in his presence and in the presence of each other.
(Signed) William B. Shaw
John Gregg
Sworn to and subscribed before me this 12th day of March
A.D. 1864. T.W. Powell Probate Judge
___________________________
Record of the Will of Joseph Greenlee decd.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his
office in the town of Delaware on the 25th day of March
A.D. 1864.
This day John Greenlee presented the last will and testament
of Joseph Greenlee late of Troy Township decd. for probate and record.
Thereupon John Cunningham and Joseph C. Bishop witnesses
to the said will came into court and were duly sworn and exam=
=ined, and their testimony reduced to writing, and now annexed to
the will and filed therewith; and it appearing to the court that
the said will was duly executed and attested, and that the testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint. There=
=upon the court, upon consideration as the last will and testament of
the said Joseph Greenlee decd. also ordered to be recorded as such.
Widow elects to take under the will, See Jour. 2.284.
Copy and record of the will.
I Joseph Greenlee of the County of Delaware, Ohio do
make and publish this my last will and testament in manner
and form following:-
First. it is my will that all my personal property and effects be sold,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 186)
Description
[page 186]
[corresponds to page 154 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Joseph Greenlee decd. March 25th 1864
except what is hereinafter named, and the proceeds thereof be
applied, or so much as may be needed to pay my just debts
and expenses.
2d it is my will that my wife Elizabeth Greenlee have in lieu
of her one year's provisions the balance of the proceeds of
the personal property and all the household and kitchen
furnature, beds and bedding, clothes etc.
3d It is my will that my said wife have in lieu of her
dower, the use and control of the farm on which I now reside
containing about one hundred and fifty acres of land
during her natural life.
4th It is my will that at the death of my said wife the said
farm be appraised and divided as follows; my son John
Greenlee choosing two feeholders and Jane Main wife
of Joseph Main, Martha Main wife of Cornelius Main and
Albert Greenlee choosing two others feeholders; and that they
proceed, after being duly sworn to appraise said farm at
cash value, and that my son John Greenlee have the rite
to take the farm at the appraisement by paying Martha Main
one hundred dollars, and after that pay each of my daughters
Jane Main, Martha Main and my nephew Albert Greenlee one
half of said appraisement in four equal payments one fourth
and one fourth in three years, without interest; and that if the
said John Greenlee should decline to take the said farm
at the appraisement, then the said farm be sold and the pro=
=ceeds be divided as follows; My son John Greenlee shall have
one half, and Martha Main shall have one hundred dollars
and the balance divided equally between my daughter
Jane Main, Martha Main and my nephew Albert Greenlee
5th To carry out my said will I hereby constitute and appoint my
son John Greenlee my executor to execute my said will.
Executed this 16th day of April ) (Signed) Joseph Greenlee
A.D. 1858, and signed by us in his presence )
and at his request. )
(signed) John Cunningham )
Joseph C. Bishop ) (End of the Will)
(Copy & record of the testimony) The State of Ohio, Delaware County Ss.
We John Cunningham and Joseph C. Greenlee being duly sworn in open
court this 25th day of March A.D. 1864, depose and say that we were present at the execution
of the last will and testament of Joseph Greenlee 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. (Signed) John Cunningham
Sworn to & subscribed before me this 25th day ) Joseph C. Bishop
of March A.D. 1864. T.W. Powell Probate Judge)
[corresponds to page 154 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Joseph Greenlee decd. March 25th 1864
except what is hereinafter named, and the proceeds thereof be
applied, or so much as may be needed to pay my just debts
and expenses.
2d it is my will that my wife Elizabeth Greenlee have in lieu
of her one year's provisions the balance of the proceeds of
the personal property and all the household and kitchen
furnature, beds and bedding, clothes etc.
3d It is my will that my said wife have in lieu of her
dower, the use and control of the farm on which I now reside
containing about one hundred and fifty acres of land
during her natural life.
4th It is my will that at the death of my said wife the said
farm be appraised and divided as follows; my son John
Greenlee choosing two feeholders and Jane Main wife
of Joseph Main, Martha Main wife of Cornelius Main and
Albert Greenlee choosing two others feeholders; and that they
proceed, after being duly sworn to appraise said farm at
cash value, and that my son John Greenlee have the rite
to take the farm at the appraisement by paying Martha Main
one hundred dollars, and after that pay each of my daughters
Jane Main, Martha Main and my nephew Albert Greenlee one
half of said appraisement in four equal payments one fourth
and one fourth in three years, without interest; and that if the
said John Greenlee should decline to take the said farm
at the appraisement, then the said farm be sold and the pro=
=ceeds be divided as follows; My son John Greenlee shall have
one half, and Martha Main shall have one hundred dollars
and the balance divided equally between my daughter
Jane Main, Martha Main and my nephew Albert Greenlee
5th To carry out my said will I hereby constitute and appoint my
son John Greenlee my executor to execute my said will.
Executed this 16th day of April ) (Signed) Joseph Greenlee
A.D. 1858, and signed by us in his presence )
and at his request. )
(signed) John Cunningham )
Joseph C. Bishop ) (End of the Will)
(Copy & record of the testimony) The State of Ohio, Delaware County Ss.
We John Cunningham and Joseph C. Greenlee being duly sworn in open
court this 25th day of March A.D. 1864, depose and say that we were present at the execution
of the last will and testament of Joseph Greenlee 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. (Signed) John Cunningham
Sworn to & subscribed before me this 25th day ) Joseph C. Bishop
of March A.D. 1864. T.W. Powell Probate Judge)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 187)
Description
[page 187]
[corresponds to page 155 of Will Records Vol. 4 - 1859-1869]
Record of the Will of James Cherry - Recorded April 26th /'64
Proceedings had before Thomas W. Powell Judge of the Probate Court
in and for the county of Delaware & State of Ohio, at his office
in the town of Delaware, on the 26th day of April /'64.
Will of James Cherry late of Franklin County Ohio, decd.
This day William Jamison Executor of the late will and
testament of James Cherry late of Franklin County in this state decd.
presented the authenticated copy of the record of the said last
will and testament and codicil of the said James Cherry duly
proved and admitted to record by the Probate Court of Franklin
County, and requested the same to be admitted to record in this
court and county; and upon consideration thereof the same is as
admitted and ordered to be recorded. T.W. Powell Probate Judge
James Cherry's Will
Probate Court December 26th 1'63 -
In the matter of the last will and testament and codicil
thereto of James Cherry deceased.
Be it remembered that on this the 26th day of December A.D. /'63
the last will and testament and codicil thereof of James Cherry
late of the City of Columbus, Ohio deceased (who died on or about the
day of December 1863) was produced in open court and offered for
probate. Thereupon appeared in open Court Frederick Frison and
Peter Hinterschitt two of the subscribing witnesses
to said will and also appeared Benjamin F. Martin and
William T. Martin two of the subscribing witnesses to the codicil
to said will and all of said witnesses were duly sworn and on
oath testified to the due execution of said will and the codicil,
thereunto which testimony was reduced to writing and filed with said will and codicil,
And it appearing to the court by said testimony that said will and
codicil thereto wad duly attested and executed and that said
James Cherry at the time of executing the same was of full age,
and of sound mind and memory and not under any restraint,
It is therefore ordered by the Court that said will and the
Codicil, be, and are the same hereby are admitted to probate
and that the same together with the testimony so reduced
to writing be recorded in the record of wills in this office.
Herman B. Albery-
Probate Judge
Will-
In the name of the Benevolent Father of All;
I James Cherry of the
City of Columbus Ohio, being in perfect health and sound mind
and memory and understanding (thanks be to Almighty
God for the same) being mindful of my mortality do make &
constitute this my last will and testament in manner and
form following, that is to say: It is my will that all my just
debts and funeral expenses be paid out of any money on
[corresponds to page 155 of Will Records Vol. 4 - 1859-1869]
Record of the Will of James Cherry - Recorded April 26th /'64
Proceedings had before Thomas W. Powell Judge of the Probate Court
in and for the county of Delaware & State of Ohio, at his office
in the town of Delaware, on the 26th day of April /'64.
Will of James Cherry late of Franklin County Ohio, decd.
This day William Jamison Executor of the late will and
testament of James Cherry late of Franklin County in this state decd.
presented the authenticated copy of the record of the said last
will and testament and codicil of the said James Cherry duly
proved and admitted to record by the Probate Court of Franklin
County, and requested the same to be admitted to record in this
court and county; and upon consideration thereof the same is as
admitted and ordered to be recorded. T.W. Powell Probate Judge
James Cherry's Will
Probate Court December 26th 1'63 -
In the matter of the last will and testament and codicil
thereto of James Cherry deceased.
Be it remembered that on this the 26th day of December A.D. /'63
the last will and testament and codicil thereof of James Cherry
late of the City of Columbus, Ohio deceased (who died on or about the
day of December 1863) was produced in open court and offered for
probate. Thereupon appeared in open Court Frederick Frison and
Peter Hinterschitt two of the subscribing witnesses
to said will and also appeared Benjamin F. Martin and
William T. Martin two of the subscribing witnesses to the codicil
to said will and all of said witnesses were duly sworn and on
oath testified to the due execution of said will and the codicil,
thereunto which testimony was reduced to writing and filed with said will and codicil,
And it appearing to the court by said testimony that said will and
codicil thereto wad duly attested and executed and that said
James Cherry at the time of executing the same was of full age,
and of sound mind and memory and not under any restraint,
It is therefore ordered by the Court that said will and the
Codicil, be, and are the same hereby are admitted to probate
and that the same together with the testimony so reduced
to writing be recorded in the record of wills in this office.
Herman B. Albery-
Probate Judge
Will-
In the name of the Benevolent Father of All;
I James Cherry of the
City of Columbus Ohio, being in perfect health and sound mind
and memory and understanding (thanks be to Almighty
God for the same) being mindful of my mortality do make &
constitute this my last will and testament in manner and
form following, that is to say: It is my will that all my just
debts and funeral expenses be paid out of any money on
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 188)
Description
[page 188]
[corresponds to page 156 of Will Records Vol. 4 - 1859-1869]
Record of James Cherry decd.
hand or the first receiveable. If my decease shall take place when
Item 2nd I am Administrator of the estate of any person and there shall
be any money in my hands at the time belonging to such estate
or heirs it is my will and desire that in each and every such
case the same shall be immediately paid over as soon as the
amount is satisfactorily ascertained (all of which will be fully
shown by any examination of any Adminsitration book of accounts
and the vouchers on file) to the person or persons legally authorized
to receive the same out of the money on hand and first receivables
until all such are fully paid.
I give and bequeath to my worthy and beloved wife Hannah
Item 3d R. Cherry in lieu of her dower, the use of the following premises
together with the Brick House we now occupy standing thereon
situated on lot No 217 on Friend Street in the City of Columbus
to wit: Commencing on the South line of said lot No. 217 fifty
nine feet from the south east corner of the lot, and running from
thence west with said south line of the lot forty eight and a
half feet to the southwest corner of my office, then northward
at a right angle twenty seven and a half feet, at a right angle
eastward four feet, then at a right angle northward (parallel
with the end lines of subdivision Nos. 1.2.&3) to within ten feet of
the Alley, then eastward parallel with the line of said private
Alley nine feet, then northward at a right angle to said
private alley, then eastward with the line of said alley to within
fifty nine feet of Fair Alley, thence southward across the lots
Nos. 2/6 & 2 to the place of beginning. To have and to use as her own
during her natural life and afterwards to my heirs as here=
=inafter devised: I do also give and bequeath to my said wife
all my household furniture in said house, that she may select
and desire for her own use and convenient: And I also give
and bequeath to her four hundred ($400) dollars in cash for the
maintenance of herself and children one year, to be paid to
her quarterly in advance out of any money receivable for notes
or other uses. I also give and devise to her, my said wife,
one hundred and fifty ($150) dollars annually so long as she
lives and remains my widow after the first year from my
decease which first year is above provided for out of which is to
pay the taxes that may [ ] the Brick House and premises
set off to her as aforesaid after the first year, And it is my
will further that if my decease takes place before my young
child shall be 14 years of age that my wife shall be the
guardian of my children if she remains my widow (but
not otherwise) until they arrive at lawful age to choose
their own guardian. And after the first year from my
decease all expenses for the maintance of my children shall
be paid out of my estate- I also give to my said wife in
trust my Gold Silver Watch, to be kept safely until my son
James Dean shall be twenty one years of age when he
[corresponds to page 156 of Will Records Vol. 4 - 1859-1869]
Record of James Cherry decd.
hand or the first receiveable. If my decease shall take place when
Item 2nd I am Administrator of the estate of any person and there shall
be any money in my hands at the time belonging to such estate
or heirs it is my will and desire that in each and every such
case the same shall be immediately paid over as soon as the
amount is satisfactorily ascertained (all of which will be fully
shown by any examination of any Adminsitration book of accounts
and the vouchers on file) to the person or persons legally authorized
to receive the same out of the money on hand and first receivables
until all such are fully paid.
I give and bequeath to my worthy and beloved wife Hannah
Item 3d R. Cherry in lieu of her dower, the use of the following premises
together with the Brick House we now occupy standing thereon
situated on lot No 217 on Friend Street in the City of Columbus
to wit: Commencing on the South line of said lot No. 217 fifty
nine feet from the south east corner of the lot, and running from
thence west with said south line of the lot forty eight and a
half feet to the southwest corner of my office, then northward
at a right angle twenty seven and a half feet, at a right angle
eastward four feet, then at a right angle northward (parallel
with the end lines of subdivision Nos. 1.2.&3) to within ten feet of
the Alley, then eastward parallel with the line of said private
Alley nine feet, then northward at a right angle to said
private alley, then eastward with the line of said alley to within
fifty nine feet of Fair Alley, thence southward across the lots
Nos. 2/6 & 2 to the place of beginning. To have and to use as her own
during her natural life and afterwards to my heirs as here=
=inafter devised: I do also give and bequeath to my said wife
all my household furniture in said house, that she may select
and desire for her own use and convenient: And I also give
and bequeath to her four hundred ($400) dollars in cash for the
maintenance of herself and children one year, to be paid to
her quarterly in advance out of any money receivable for notes
or other uses. I also give and devise to her, my said wife,
one hundred and fifty ($150) dollars annually so long as she
lives and remains my widow after the first year from my
decease which first year is above provided for out of which is to
pay the taxes that may [ ] the Brick House and premises
set off to her as aforesaid after the first year, And it is my
will further that if my decease takes place before my young
child shall be 14 years of age that my wife shall be the
guardian of my children if she remains my widow (but
not otherwise) until they arrive at lawful age to choose
their own guardian. And after the first year from my
decease all expenses for the maintance of my children shall
be paid out of my estate- I also give to my said wife in
trust my Gold Silver Watch, to be kept safely until my son
James Dean shall be twenty one years of age when he
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 189)
Description
[page 189]
[corresponds to page 157 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
is to have my said watch if he is living, and if he is not living
my son William Edgar Woods shall have it when he arrives
at age, and if neither of my said sons shall live to maturity
then my daughter Ann Hannah Loyd is to have the said
watch. It is my will that my children (three) James Dean,
Item 4th
Ann Hannah Loyd, and William Edgar Woods and if it
shall so happen that I shall have anymore children whether
sons or daughters, as they become old enough to attend school
they shall be kept strictly at school if possible and their
health will permit until they shall all obtain as thourough
an education as is taught in our Columbus High School
and all the reasonable expenses thereof shall be paid out of my
estate; Always avoiding all unnecessary and extravagant
expenses. And after my Sons get through their schooling and
graduate, then they must learn trades, teach school, study
some profession or get into some employment that their
inclinations may lead them to procure as to provide for them=
selves by the time they are Eighteen or at farthest nineteen
years of age.
Item 5th It is my will and I also devise that my in-lot No. 61 fronting
on Hill Street in South Delaware in Delaware Co. Ohio with its
improvements and appurtenances shall be sold as soon after
my decease as it can conveniently be done (if I do not sell
the same in my life time) at either public private sale
at the discretion of my Executor. If at public sale Thirty
days notice must be given in two newspapers printed in
the town of Delaware and in general circulation. But it
shall not be sold for less than two thousand dollars in
cash, or in payments of five hundred in hand and the
balance in annual payments of not less than two hundred
and fifty dollars with lawful interest, and the interest
on all the deferred payments to be paid annually. All to
be secured by mortgage on the premises - And if the said
property is not sold within three years after my decease
my Executor shall select three disinterested feeholders in
the vicinity of the property who upon their oath shall
appraise the same at cash value, and then it may be
sold for two thirds of the appraisal value, if it will not
bring more, and the payments interest and mortgage
as above specified - And until the said property is sold
it shall be kept in repair and rented annually or for a
term of not more than three years at a time: always
taking care to have the rents payable monthly or quartily
or well secured. It is my will and I so devise that
Item 6th when my said Delaware property shall be sold, I give one
half the price or amount which it shall sell to my daughter
Achsah Musqurove Duden and so long as the property is
not sold, but rented she is to receive one half of the
[corresponds to page 157 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
is to have my said watch if he is living, and if he is not living
my son William Edgar Woods shall have it when he arrives
at age, and if neither of my said sons shall live to maturity
then my daughter Ann Hannah Loyd is to have the said
watch. It is my will that my children (three) James Dean,
Item 4th
Ann Hannah Loyd, and William Edgar Woods and if it
shall so happen that I shall have anymore children whether
sons or daughters, as they become old enough to attend school
they shall be kept strictly at school if possible and their
health will permit until they shall all obtain as thourough
an education as is taught in our Columbus High School
and all the reasonable expenses thereof shall be paid out of my
estate; Always avoiding all unnecessary and extravagant
expenses. And after my Sons get through their schooling and
graduate, then they must learn trades, teach school, study
some profession or get into some employment that their
inclinations may lead them to procure as to provide for them=
selves by the time they are Eighteen or at farthest nineteen
years of age.
Item 5th It is my will and I also devise that my in-lot No. 61 fronting
on Hill Street in South Delaware in Delaware Co. Ohio with its
improvements and appurtenances shall be sold as soon after
my decease as it can conveniently be done (if I do not sell
the same in my life time) at either public private sale
at the discretion of my Executor. If at public sale Thirty
days notice must be given in two newspapers printed in
the town of Delaware and in general circulation. But it
shall not be sold for less than two thousand dollars in
cash, or in payments of five hundred in hand and the
balance in annual payments of not less than two hundred
and fifty dollars with lawful interest, and the interest
on all the deferred payments to be paid annually. All to
be secured by mortgage on the premises - And if the said
property is not sold within three years after my decease
my Executor shall select three disinterested feeholders in
the vicinity of the property who upon their oath shall
appraise the same at cash value, and then it may be
sold for two thirds of the appraisal value, if it will not
bring more, and the payments interest and mortgage
as above specified - And until the said property is sold
it shall be kept in repair and rented annually or for a
term of not more than three years at a time: always
taking care to have the rents payable monthly or quartily
or well secured. It is my will and I so devise that
Item 6th when my said Delaware property shall be sold, I give one
half the price or amount which it shall sell to my daughter
Achsah Musqurove Duden and so long as the property is
not sold, but rented she is to receive one half of the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 190)
Description
[page 190]
[corresponds to page 158 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
nett rents after the payments of taxes repairs, insurance and
expenses renting etc to be paid to her at least twice a year or
as fast as the rent is received which shall be in full to her for
Item 7th her share in my estate - I give and devise to my Grand
son James Owen Milligan Fifty dollars to be paid to him
within two years after my decease, if he shall then be living
wherever there shall be that amount on hand or receivable.
Item 8th I give and devise to my Grand daughter Margaret Caroline
Milligan Fifty dollars to be paid to her within one year
after my decease if she shall then be living whenever there
shall be that amount on hand or receivable.
Item 9th It is my will and I do so devise that none of my real
estate in Columbus shall be sold until my youngest child
shall arrive at age or not until the first day of June 1880,
except my undivided two thirds of Inlot No. 234 (in the City of
Columbus purchased of George Ward, Charles Houseman as
per deeds on record and also filed with my papers this last
mentioned property may be sold at any time when it shall
become necessary for the support and education of my children
if I do not dispose of it in my life time. So long as it is not
sold, it is my will that my Executor shall take charge of it
and attend to the renting of it and receiving my portion of
the rent - And further it is my will and I so devise that
my Executor shall take charge of all my real estate, except
that set off to my wife and keep it in reasonably good repair
to get the rent secured in all cases, either in advance payment
or by security, and for so renting and collecting rents and
paying taxes he shall retain five per cent on the amount so
received for his services for so doing.
Item 10th It is my will and desire that if my son James Dean shall
live to arrive at age that he will take an interest in mana=
-ging and taking care of the property for the mutual benefit
of himself and his brother and sister, and if he shall live
and do so, he may receive his share of the net proceeds or income
of said property (after paying taxes and keeping up repairs)
until his brother and sister arrive at age - and I desire of him
to render his mother all the aid and assistance that a dutiful
son ought & can do -
Item 11th It is my will and I so devise that after my children shall
all arrive at lawful age, and after the death of my wife
all my real estate in Columbus may or may not be sold
by my children as they may then determine or they may have
it divided between them as it may best suit them at that time
And it is so intended that the division shall embrace every
thing belonging to my estate whether it be realty money
obligations or any other property. And that the said division
shall be equal giving to each child an equal amount.
[corresponds to page 158 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
nett rents after the payments of taxes repairs, insurance and
expenses renting etc to be paid to her at least twice a year or
as fast as the rent is received which shall be in full to her for
Item 7th her share in my estate - I give and devise to my Grand
son James Owen Milligan Fifty dollars to be paid to him
within two years after my decease, if he shall then be living
wherever there shall be that amount on hand or receivable.
Item 8th I give and devise to my Grand daughter Margaret Caroline
Milligan Fifty dollars to be paid to her within one year
after my decease if she shall then be living whenever there
shall be that amount on hand or receivable.
Item 9th It is my will and I do so devise that none of my real
estate in Columbus shall be sold until my youngest child
shall arrive at age or not until the first day of June 1880,
except my undivided two thirds of Inlot No. 234 (in the City of
Columbus purchased of George Ward, Charles Houseman as
per deeds on record and also filed with my papers this last
mentioned property may be sold at any time when it shall
become necessary for the support and education of my children
if I do not dispose of it in my life time. So long as it is not
sold, it is my will that my Executor shall take charge of it
and attend to the renting of it and receiving my portion of
the rent - And further it is my will and I so devise that
my Executor shall take charge of all my real estate, except
that set off to my wife and keep it in reasonably good repair
to get the rent secured in all cases, either in advance payment
or by security, and for so renting and collecting rents and
paying taxes he shall retain five per cent on the amount so
received for his services for so doing.
Item 10th It is my will and desire that if my son James Dean shall
live to arrive at age that he will take an interest in mana=
-ging and taking care of the property for the mutual benefit
of himself and his brother and sister, and if he shall live
and do so, he may receive his share of the net proceeds or income
of said property (after paying taxes and keeping up repairs)
until his brother and sister arrive at age - and I desire of him
to render his mother all the aid and assistance that a dutiful
son ought & can do -
Item 11th It is my will and I so devise that after my children shall
all arrive at lawful age, and after the death of my wife
all my real estate in Columbus may or may not be sold
by my children as they may then determine or they may have
it divided between them as it may best suit them at that time
And it is so intended that the division shall embrace every
thing belonging to my estate whether it be realty money
obligations or any other property. And that the said division
shall be equal giving to each child an equal amount.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 191)
Description
[page 191]
[corresponds to page 159 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
Item 12th It is my will and I so devise, that as soon after my decease as
shall be suitable and convenient, all my goods and chattels of
every description in and about my premises that are not selected
by my wife for her own use shall be inventoried and sold
according to law: And also an inventory taken of all my
assets that I may possess at the time of my decease: And
all money at interest and secured by mortgage on unincumbered
real estate may be left standing uncollected until neaded,
and all surplus and unneeded money may be put on interest
at the highest lawful rate, always taking mortgages on
unincumbered real estate for security. As I have no individual
debts to pay I wish all my money to be kept on interest until needed
for some purpose, or as much so as possibly.
Item 13th And lastly I nominate my friend Hon William Jamison
of the City of Columbus to be Executor of this will, and I desire
him as soon after my decease as may be convenient to
enter upon the duties of an Executor, and discharge the duties
thereof to the best of his abilities, I having full confidence
in his capacity. In testimony thereof I hereunto set my
hand and seal this 20th day of May A.D. one thousand
Eight hundred and Sixty three - James Cherry [seal]
Signed sealed and acknowledged by the Testator in our
presence and we in his presence and in the presence of
each other have witnessed the same, he declaring it to be
his last will and Testament.
I. Reinhard
Fred Fricson
C. Krauss
Peter Winterschill
I James Cherry the testator above named do hereby
make the following codicil or amendments to the following
will. First amendment - The 5th and 6th sections (or items)
relating to my Delaware property and to my daughter
Achsah Musgrove Duden, are for changed that the said
property is to be sold within one year after my decease
at fartherest, and and the first one thousand dollars ($1000)
received from the sale thereof is to be immediately paid over
to my said daughter Achsah Musgrove Duden, and is to
be his full of her portion of my estate.
Second Amendment. The fifty dollars divised to my
Grand son James Owen Milligan as expressed in the 7th
section (or item) are now owing to his death to be given
to his sister Margaret Caroline Milligan.
Third Amendment - In addition to the Wm. William
Jamison named in the 13th section (or item) as Executor I
hereby nominate and appoint my friend Alfred Thomas
of Columbus to be Co-Executor with said Jamison.
In witness whereof I hereto put my hand and seal this
[corresponds to page 159 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
Item 12th It is my will and I so devise, that as soon after my decease as
shall be suitable and convenient, all my goods and chattels of
every description in and about my premises that are not selected
by my wife for her own use shall be inventoried and sold
according to law: And also an inventory taken of all my
assets that I may possess at the time of my decease: And
all money at interest and secured by mortgage on unincumbered
real estate may be left standing uncollected until neaded,
and all surplus and unneeded money may be put on interest
at the highest lawful rate, always taking mortgages on
unincumbered real estate for security. As I have no individual
debts to pay I wish all my money to be kept on interest until needed
for some purpose, or as much so as possibly.
Item 13th And lastly I nominate my friend Hon William Jamison
of the City of Columbus to be Executor of this will, and I desire
him as soon after my decease as may be convenient to
enter upon the duties of an Executor, and discharge the duties
thereof to the best of his abilities, I having full confidence
in his capacity. In testimony thereof I hereunto set my
hand and seal this 20th day of May A.D. one thousand
Eight hundred and Sixty three - James Cherry [seal]
Signed sealed and acknowledged by the Testator in our
presence and we in his presence and in the presence of
each other have witnessed the same, he declaring it to be
his last will and Testament.
I. Reinhard
Fred Fricson
C. Krauss
Peter Winterschill
I James Cherry the testator above named do hereby
make the following codicil or amendments to the following
will. First amendment - The 5th and 6th sections (or items)
relating to my Delaware property and to my daughter
Achsah Musgrove Duden, are for changed that the said
property is to be sold within one year after my decease
at fartherest, and and the first one thousand dollars ($1000)
received from the sale thereof is to be immediately paid over
to my said daughter Achsah Musgrove Duden, and is to
be his full of her portion of my estate.
Second Amendment. The fifty dollars divised to my
Grand son James Owen Milligan as expressed in the 7th
section (or item) are now owing to his death to be given
to his sister Margaret Caroline Milligan.
Third Amendment - In addition to the Wm. William
Jamison named in the 13th section (or item) as Executor I
hereby nominate and appoint my friend Alfred Thomas
of Columbus to be Co-Executor with said Jamison.
In witness whereof I hereto put my hand and seal this
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 192)
Description
[page 192]
[corresponds to page 160 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
2nd day of December A.D. 1863. his
James x Cherry
mark
Signed sealed and acknowledged in our presence and in his
presence and in the presence of each other, and at his request
witnessed the same.
B.F. Martin
O.W. Lattines
W.T. Martin
Proof -
The State of Ohio.
Franklin County S.S. (Probate Court
We Fred Frisin and Peter Winterschitt being duly sworn
in open court, this 26th day of December A.D. 1863 depose and
say, that we were present at the execution of the last will
and testament of James Cherry deceased, hereunto
annexed; That we saw said testator subscribe said will
and heard him publish and declare the same to be his
last will and Testament: And that the said James Cherry
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
F. Fiser
P. Winterschitt.
Sworn to and subscribed in open Court the day and
year first above written.
H.B. Albeny
Probate Judge
The state of Ohio
Franklin County S.S. (Probate Court
We B.F. Martin and W.T. Martin being duly sworn
in open court this 26th day of December A.D. 1863, depose
and say, that we were present at the execution of the
codicil to the last will and Testament of James Cherry
deceased hereunto annexed. That we saw said testator
subscribe said codicil to said will by making his mark
and heard him publish and declare the same to be a codicil
to his last will and Testament: And that the said James Cherry
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 the presence of each other.
B.F. Martin
W.T. Martin
Sworn to and subscribed in open court the day and year
first above written - H.B. Albeny
Probate Judge
[corresponds to page 160 of Will Records Vol. 4 - 1859-1869]
Will of James Cherry decd.
2nd day of December A.D. 1863. his
James x Cherry
mark
Signed sealed and acknowledged in our presence and in his
presence and in the presence of each other, and at his request
witnessed the same.
B.F. Martin
O.W. Lattines
W.T. Martin
Proof -
The State of Ohio.
Franklin County S.S. (Probate Court
We Fred Frisin and Peter Winterschitt being duly sworn
in open court, this 26th day of December A.D. 1863 depose and
say, that we were present at the execution of the last will
and testament of James Cherry deceased, hereunto
annexed; That we saw said testator subscribe said will
and heard him publish and declare the same to be his
last will and Testament: And that the said James Cherry
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
F. Fiser
P. Winterschitt.
Sworn to and subscribed in open Court the day and
year first above written.
H.B. Albeny
Probate Judge
The state of Ohio
Franklin County S.S. (Probate Court
We B.F. Martin and W.T. Martin being duly sworn
in open court this 26th day of December A.D. 1863, depose
and say, that we were present at the execution of the
codicil to the last will and Testament of James Cherry
deceased hereunto annexed. That we saw said testator
subscribe said codicil to said will by making his mark
and heard him publish and declare the same to be a codicil
to his last will and Testament: And that the said James Cherry
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 the presence of each other.
B.F. Martin
W.T. Martin
Sworn to and subscribed in open court the day and year
first above written - H.B. Albeny
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 193)
Description
[page 193]
[corresponds to page 161 of Will Records Vol. 4 - 1859-1869]
Record of the will of Ishmael Jones decd.
H.B.A. Dec. 26th 1863 )
Intervenue Stamp )
$1, one Dollar. $.1. )
Probate Court rooms
Franklin County Ohio.
Columbus. O. March 22nd 1864.
Testify that the foregoing is a true copy of the last will and
Testament and codicil of James Cherry deceased as the same
remains of Record in will Record Number "E" Pages one
to seven inclusive
John M. Pugh.
Probate Judge
end of the record. T.W. Powell Probate Judge
_________________________________
Record of the will of Ishamael Jones decd.
Proceedings had before Thomas W. Powell Judge of the Probate Court in and
for the county Delaware and State of Ohio; at his office in the Town of
Delaware on the 4th day of April 1864.
This day the last will and testament of Ishmael Jones late of Radnor
in this county decd. was presented to the court for probate and record.
Thereupon Elisha Cox and Hubard Davis, witnesses to the said will came
into court and was duly sworn and examined and their testimony
reduced to writing, and now anexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed and
attested; and that the said testator at the time of executing the same
was of full age, and of sound mind and memory and not under
any restraint, thereupon the court, upon consideration thereof,
orders that the said will be admitted to probate duly proved as
the last will and testament of the said Ishmael Jones decd. and ordered
to be recorded as such.
T.W. Powell Probate Judge
Copy and record of the will.
In the Name of the Benevolent Father of all.
I Ishmael Jones of the Township of Radnor County of Delaware and state of
Ohio do make and publish this my last will and testament.
Item 1st I give an devise to my beloved wife in lieu of her dower all my household
goods and furniture and one third of the products of the farm during her
natural life.
Item 2nd I give and devise to my Daughter Mary Ann Rosette
Five Dolars.
Item 3th I give and devise to my son Ishmael Andrew Jones the farm on which
I now reside and all my stock Farming utensils, moneys and credits
after paying my just debts. if he should die without issue the
property shall go to the support of the Calvin Methodist Church in
Delhi.
Item 4th I do hereby nominate and appoint Ishmael Andrew Jones
[corresponds to page 161 of Will Records Vol. 4 - 1859-1869]
Record of the will of Ishmael Jones decd.
H.B.A. Dec. 26th 1863 )
Intervenue Stamp )
$1, one Dollar. $.1. )
Probate Court rooms
Franklin County Ohio.
Columbus. O. March 22nd 1864.
Testify that the foregoing is a true copy of the last will and
Testament and codicil of James Cherry deceased as the same
remains of Record in will Record Number "E" Pages one
to seven inclusive
John M. Pugh.
Probate Judge
end of the record. T.W. Powell Probate Judge
_________________________________
Record of the will of Ishamael Jones decd.
Proceedings had before Thomas W. Powell Judge of the Probate Court in and
for the county Delaware and State of Ohio; at his office in the Town of
Delaware on the 4th day of April 1864.
This day the last will and testament of Ishmael Jones late of Radnor
in this county decd. was presented to the court for probate and record.
Thereupon Elisha Cox and Hubard Davis, witnesses to the said will came
into court and was duly sworn and examined and their testimony
reduced to writing, and now anexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed and
attested; and that the said testator at the time of executing the same
was of full age, and of sound mind and memory and not under
any restraint, thereupon the court, upon consideration thereof,
orders that the said will be admitted to probate duly proved as
the last will and testament of the said Ishmael Jones decd. and ordered
to be recorded as such.
T.W. Powell Probate Judge
Copy and record of the will.
In the Name of the Benevolent Father of all.
I Ishmael Jones of the Township of Radnor County of Delaware and state of
Ohio do make and publish this my last will and testament.
Item 1st I give an devise to my beloved wife in lieu of her dower all my household
goods and furniture and one third of the products of the farm during her
natural life.
Item 2nd I give and devise to my Daughter Mary Ann Rosette
Five Dolars.
Item 3th I give and devise to my son Ishmael Andrew Jones the farm on which
I now reside and all my stock Farming utensils, moneys and credits
after paying my just debts. if he should die without issue the
property shall go to the support of the Calvin Methodist Church in
Delhi.
Item 4th I do hereby nominate and appoint Ishmael Andrew Jones
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 194)
Description
[page 194]
[corresponds to page 162 of Will Records Vol. 4 - 1859-1869]
Record of the will of Andrew Pitts decd.
Executor of this my last will and testament hereby authorizing and empowering
him to compromise adjust release and discharge in such manner as he may
deem proper the debts and claims due me. I do also 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
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 and seal this 21st day of December in the year 1863.
Ishmael Jones [seal]
Signed and acknowledged by said
Ishamel Jones, as his last will and testament
in our presence and signed by us as in his
presence.
Elisha Cox.
Hubard Davis.
The State of Ohio, Delaware County Ss.
We Elisha Cox, Hubard Davis being duly sworn in open court this
fourth day of April, A.D. 1864, depose and say, that we were present
at the execution of the last will and testament of Ishmael Jones hereuto
anexed; 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
Elisha Cox
Hubard Davis
Sworn to and subscribed before me this 4th day of April, A.D. 1864.
T.W. Powell,
Probate Judge
T.W. Powell
____________________________________
Record of the will of Andrew Pitts decd.
Proceedings had before Thomas W. Powell Judge of the probate
court in and for the county Delaware and state of Ohio, at his
office in the town of Delaware on the 5th day of April, 1864.
This day the will and testament of Andrew Pitts, late of Tompson
Township decd was presented to the court for probate and record.
Thereupon Emanuel Hite, and Elias Deal, witnesses to the said will came
into court and were duly sworn and examined and their testimony
reduced to writing, and now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same was of
full age, and of sound mind and memory, and not under any restraint
thereupon the court upon consideration thereof, orders that the said
will be admitted to probate as duly proved as the last will and testament
of the said Andrew Pitts decd. and ordered to be recorded as such.
[corresponds to page 162 of Will Records Vol. 4 - 1859-1869]
Record of the will of Andrew Pitts decd.
Executor of this my last will and testament hereby authorizing and empowering
him to compromise adjust release and discharge in such manner as he may
deem proper the debts and claims due me. I do also 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
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 and seal this 21st day of December in the year 1863.
Ishmael Jones [seal]
Signed and acknowledged by said
Ishamel Jones, as his last will and testament
in our presence and signed by us as in his
presence.
Elisha Cox.
Hubard Davis.
The State of Ohio, Delaware County Ss.
We Elisha Cox, Hubard Davis being duly sworn in open court this
fourth day of April, A.D. 1864, depose and say, that we were present
at the execution of the last will and testament of Ishmael Jones hereuto
anexed; 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
Elisha Cox
Hubard Davis
Sworn to and subscribed before me this 4th day of April, A.D. 1864.
T.W. Powell,
Probate Judge
T.W. Powell
____________________________________
Record of the will of Andrew Pitts decd.
Proceedings had before Thomas W. Powell Judge of the probate
court in and for the county Delaware and state of Ohio, at his
office in the town of Delaware on the 5th day of April, 1864.
This day the will and testament of Andrew Pitts, late of Tompson
Township decd was presented to the court for probate and record.
Thereupon Emanuel Hite, and Elias Deal, witnesses to the said will came
into court and were duly sworn and examined and their testimony
reduced to writing, and now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same was of
full age, and of sound mind and memory, and not under any restraint
thereupon the court upon consideration thereof, orders that the said
will be admitted to probate as duly proved as the last will and testament
of the said Andrew Pitts decd. and ordered to be recorded as such.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 195)
Description
[page 195]
[corresponds to page 163 of Will Records Vol. 4 - 1859-1869]
Will of Andrew Pitts decd.
Copy of the will of Andrew Pitts.
The State of Ohio Delaware County, Ss. Thursday, August the 6th A.D. 1863.
I Andrew Pitts hereby wish my property to be disposed of as follows.
I request that my wife Elizabeth S. Pitts, to have the entire control of the property
owned by me during her life time, she shall have the power to sell the land
owned by me, being parts of Lots No 22 and 23. as servade by Joel Wright, for
Baum and Perry, and to make a good and lawful deed, for the same,
Provided that the same amount of land or more land is bought, and the
said E.S.Pitts is to have and controle the land bought the same as the
land afore said, No 22 & 23 containing 80 acres, her life time at her death
it is to be equaly devided betwene my three children James E Pitts and
George B. Pitts and Mary L. Pitts, my chattels is to pay my credetors
whereas I set my hand and seal.
Andrew Pitts. [Seal]
Witness. Emanuel Hite
Elias Deal
The State of Ohio, Delaware County, Ss.
We Emanuel Hite and Elias Deal being duly sworn in open court this 5th
day of April A.D. 1864 depose and say, that we were present at the execution
of the last will and testament of Andrew Pitts 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.
Emanuel Hite.
Elias Deal.
Sworn to and subscribed before me this 5th day of April A.D. 1864
T.W. Powell
Probate Judge
End of the record. T.W. Powell Probate Judge
[corresponds to page 163 of Will Records Vol. 4 - 1859-1869]
Will of Andrew Pitts decd.
Copy of the will of Andrew Pitts.
The State of Ohio Delaware County, Ss. Thursday, August the 6th A.D. 1863.
I Andrew Pitts hereby wish my property to be disposed of as follows.
I request that my wife Elizabeth S. Pitts, to have the entire control of the property
owned by me during her life time, she shall have the power to sell the land
owned by me, being parts of Lots No 22 and 23. as servade by Joel Wright, for
Baum and Perry, and to make a good and lawful deed, for the same,
Provided that the same amount of land or more land is bought, and the
said E.S.Pitts is to have and controle the land bought the same as the
land afore said, No 22 & 23 containing 80 acres, her life time at her death
it is to be equaly devided betwene my three children James E Pitts and
George B. Pitts and Mary L. Pitts, my chattels is to pay my credetors
whereas I set my hand and seal.
Andrew Pitts. [Seal]
Witness. Emanuel Hite
Elias Deal
The State of Ohio, Delaware County, Ss.
We Emanuel Hite and Elias Deal being duly sworn in open court this 5th
day of April A.D. 1864 depose and say, that we were present at the execution
of the last will and testament of Andrew Pitts 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.
Emanuel Hite.
Elias Deal.
Sworn to and subscribed before me this 5th day of April A.D. 1864
T.W. Powell
Probate Judge
End of the record. T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 196)
Description
[page 196]
[corresponds to page 164 of Will Records Vol. 4 - 1859-1869]
Record of the will of Orrin Barrows decd.
Record of the will of Orrin Barrows decd.
Proceedings had before Thomas W. Powell Judge of the probate court in and for
the county Delaware and state of Ohio, at his office in the Town of Delaware
on the 23 day of April 1864. This day the last will and testament of Orrin
Barrows late of Orange Township in this county deceased, was presented to the
court for probate and record; thereupon William Bockoven, Gustin
Havens and James Ferson Jr, the witnesses to the said will came into
court and were duly sworn and examined and their testimony
reduced to writing, and now annexed to the will and filed therewith
and it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same was of full
age and of sound mind and memory and not under any restraint
thereupon the court upon consideration thereof orders that the said
will be admitted to probate as duly proved as the last will and testament
of the said Orrin Barrows decd and orders it be recorded as such.
Copy of the will of Orrin Barrows.
I Orrin Barrows of orange Township Delaware County State of Ohio being of sound
and disposing mind, memory and understanding, do make, publish and
declair this to be my last will and testament; hereby revoking and making
nul and void all former wills & testaments and writings in the nature
of last wills & testaments by me heretofore made.
1st My will is first that my funeral charges and just debts shall be paid by
my Executor herein after named.
2d The residence of my estate and property which shall not be required
for the payments of my just-debts, funeral charges and the expense of
the execution of this my last will and the administration of my estate
I give devise and dispose thereof as follows, to wit I give devise and grant
to my son Hilo F. Barrows the farm on which I now live situated in
said Orange Township Delaware County State of Ohio and in Range
Eighteen Township three section one of the United States military
survey being the North part of lot No 2. Also I give & bequeath to said Philo F.
Barrows my son aforesaid all the rest & residue of my estate real, personal
and mixed of which I shall be seized and possessed, or to which I shall be entitled
at the time of my decease to have and to hold the same to him and to his heirs execut-
=ors, administrator & assigns, to his and their use and behalf for ever:
Provided however that he pay to my grand daughter Sarah Llewellyn
Harris daughter of my daughter Oerel J. Harris Decd fifty dollars, one
half thereof in six months after my decease & the other half in
one year from that time. Also that he pay to my grand daughter
Oerel Clara Harris daughter of my said daughter Oerel J. Farris
deceased the sum of fifty dollars to be paid to her Guardian, one
half of said sum in six months after my decease and the other be
in one year from that time; Also that said Hilo F. Barrows shall
pay to my daughter Louisa O. Lincoln two hundred dollars, one half
thereof in six months after my decease, and the other half in one
year from that time (this sum of two hundred dollars I devise to
my said daughter Louisa O. Lincoln, and her heirs to be equally
[corresponds to page 164 of Will Records Vol. 4 - 1859-1869]
Record of the will of Orrin Barrows decd.
Record of the will of Orrin Barrows decd.
Proceedings had before Thomas W. Powell Judge of the probate court in and for
the county Delaware and state of Ohio, at his office in the Town of Delaware
on the 23 day of April 1864. This day the last will and testament of Orrin
Barrows late of Orange Township in this county deceased, was presented to the
court for probate and record; thereupon William Bockoven, Gustin
Havens and James Ferson Jr, the witnesses to the said will came into
court and were duly sworn and examined and their testimony
reduced to writing, and now annexed to the will and filed therewith
and it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same was of full
age and of sound mind and memory and not under any restraint
thereupon the court upon consideration thereof orders that the said
will be admitted to probate as duly proved as the last will and testament
of the said Orrin Barrows decd and orders it be recorded as such.
Copy of the will of Orrin Barrows.
I Orrin Barrows of orange Township Delaware County State of Ohio being of sound
and disposing mind, memory and understanding, do make, publish and
declair this to be my last will and testament; hereby revoking and making
nul and void all former wills & testaments and writings in the nature
of last wills & testaments by me heretofore made.
1st My will is first that my funeral charges and just debts shall be paid by
my Executor herein after named.
2d The residence of my estate and property which shall not be required
for the payments of my just-debts, funeral charges and the expense of
the execution of this my last will and the administration of my estate
I give devise and dispose thereof as follows, to wit I give devise and grant
to my son Hilo F. Barrows the farm on which I now live situated in
said Orange Township Delaware County State of Ohio and in Range
Eighteen Township three section one of the United States military
survey being the North part of lot No 2. Also I give & bequeath to said Philo F.
Barrows my son aforesaid all the rest & residue of my estate real, personal
and mixed of which I shall be seized and possessed, or to which I shall be entitled
at the time of my decease to have and to hold the same to him and to his heirs execut-
=ors, administrator & assigns, to his and their use and behalf for ever:
Provided however that he pay to my grand daughter Sarah Llewellyn
Harris daughter of my daughter Oerel J. Harris Decd fifty dollars, one
half thereof in six months after my decease & the other half in
one year from that time. Also that he pay to my grand daughter
Oerel Clara Harris daughter of my said daughter Oerel J. Farris
deceased the sum of fifty dollars to be paid to her Guardian, one
half of said sum in six months after my decease and the other be
in one year from that time; Also that said Hilo F. Barrows shall
pay to my daughter Louisa O. Lincoln two hundred dollars, one half
thereof in six months after my decease, and the other half in one
year from that time (this sum of two hundred dollars I devise to
my said daughter Louisa O. Lincoln, and her heirs to be equally
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 197)
Description
[page 197]
[corresponds to page 165 of Will Records Vol. 4 - 1859-1869]
Will of Orrin Barrows decd.
divided between her said heirs at her decease)
3d I do nominate and appoint my said son Hilo F. Barrows to be the sole
executor of this my last will and testament: and it is my wish
& request that my said executor administer on this my last will
and testament without being required to give bond or have the property
appraised or any inventory of the same made or returned to court
having full confidence in the ability & integrity of my said son
my said Estate as required by this my last will & testament.
in testimony whereof I the said Orrin Barrows have hereto
subscribed my name and fixed my seal this seventh day of November
A.D. 1863
Signed, sealed and declared by
said Orrin Barrows to be his last
will and testament in presence
of us, who at his request and
in his presence have subscribed our names
as witness hereto in the presence of each other.
Willam Bockoven
Gustin Havens
James Ferson Jr.
The State of Ohio, Delware County Ss.
We William Bockoven, Gustin Havens and James Ferson Jr.
being duly sworn in open court this 23d day of April A.D. 1864
depose and say that we were present at the execution of the last
will and testament of Orrin Barrows 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.
William Bockoven
Gustin Havens
James Ferson Jr.
Sworn to and subscribed before me on this 23d day of April A.D. 1864.
T.W. Powell Probate Judge
End of the Record T.W. Powell Pro. Judge
[corresponds to page 165 of Will Records Vol. 4 - 1859-1869]
Will of Orrin Barrows decd.
divided between her said heirs at her decease)
3d I do nominate and appoint my said son Hilo F. Barrows to be the sole
executor of this my last will and testament: and it is my wish
& request that my said executor administer on this my last will
and testament without being required to give bond or have the property
appraised or any inventory of the same made or returned to court
having full confidence in the ability & integrity of my said son
my said Estate as required by this my last will & testament.
in testimony whereof I the said Orrin Barrows have hereto
subscribed my name and fixed my seal this seventh day of November
A.D. 1863
Signed, sealed and declared by
said Orrin Barrows to be his last
will and testament in presence
of us, who at his request and
in his presence have subscribed our names
as witness hereto in the presence of each other.
Willam Bockoven
Gustin Havens
James Ferson Jr.
The State of Ohio, Delware County Ss.
We William Bockoven, Gustin Havens and James Ferson Jr.
being duly sworn in open court this 23d day of April A.D. 1864
depose and say that we were present at the execution of the last
will and testament of Orrin Barrows 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.
William Bockoven
Gustin Havens
James Ferson Jr.
Sworn to and subscribed before me on this 23d day of April A.D. 1864.
T.W. Powell Probate Judge
End of the Record T.W. Powell Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 198)
Description
[page 198]
[corresponds to labeled page 166 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Margaret Fowler decd.
Proceedings had before Thomas W. Powell Judge of the Probate Court in and for
the County Delaware and State of Ohio, at his office in the Town of Delaware
on the 21st day of May 1864.
This day the last will and testament of Margaret Fowler late of Porter Town-
=shipe in this County decd. was presented to the court for Probate and
record. Thereupon Charles Wilcox and Salmon P. Lott, the witnesses of the
said will came into Court and were duly sworn and examined, and their
testimony reduced to writing and now annexed to the will and filed there
with; and it appearing to the court that the said will was duly esecu-
ted and attested and that the testatrix at the time of executing the same
was of full age, and of sound mind and memory and not under any
restraint; Thereupon upon consideration thereof, the Court orders that
the said will be admitted to probated as duly proved as the last will
and testament of the said Margaret Fowler decd. and ordered to be recorded
as such.
In the name of the Benevolent Father of all I Margaret S. Fowler
of the Township of Porter County of Delaware in the State of Ohio being of
sound mind and memory Blessed be Almity God for the same do make
and publish this my last will and testament.
I give and bequeath to Jane Hemminger and Lydia Grummond all my
wearing apperal household goods and furniture.
Item 2nd I give and bequeath to the aforesaid Lydia Grummond my
gold beads
Item 3rd I give and bequeath to John F. Hemminger a house and lot in the
village of East Liberty owned by me.
Item 4th I give and bequeath to Charles E. Hemminger one hundred dollars
in money
Item 5th I give and bequeath to Fowler and Austin Grummond four
hundred dollars each in money
Item 6th I give and bequeath to Jane Ann Hemminger & Lydia Grummond
the ballance of my money in Equal potions after paying my legal
debts and Funeral charges
Item 7th I give and bequeath to Jane Ann Hemminger my silver tea
and sauce spoons
I hereby revoke all former wills made by me, I hereby constitute and
apoint Charles Wilcox the executor of this my last will & testament
In testimony hereof I have hereunto set my hand and seal this 24th day
of March 1864. her
Signed sealed and acknowledged ) Margaret x Fowler {seal}
in presence of ) mark
Charles Wilcox. )
S.P. Lott )
Copy of the testimony. ~
The State of Ohio, Delaware County Ss.
We Charles Wilcox and Salmon P. Lott being duly sworn in open court
this day of May A.D. 1865. depose and say, that we were present at the
execution of the last will and testament of Margaret Fowler hereto annexed;
[corresponds to labeled page 166 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Margaret Fowler decd.
Proceedings had before Thomas W. Powell Judge of the Probate Court in and for
the County Delaware and State of Ohio, at his office in the Town of Delaware
on the 21st day of May 1864.
This day the last will and testament of Margaret Fowler late of Porter Town-
=shipe in this County decd. was presented to the court for Probate and
record. Thereupon Charles Wilcox and Salmon P. Lott, the witnesses of the
said will came into Court and were duly sworn and examined, and their
testimony reduced to writing and now annexed to the will and filed there
with; and it appearing to the court that the said will was duly esecu-
ted and attested and that the testatrix at the time of executing the same
was of full age, and of sound mind and memory and not under any
restraint; Thereupon upon consideration thereof, the Court orders that
the said will be admitted to probated as duly proved as the last will
and testament of the said Margaret Fowler decd. and ordered to be recorded
as such.
In the name of the Benevolent Father of all I Margaret S. Fowler
of the Township of Porter County of Delaware in the State of Ohio being of
sound mind and memory Blessed be Almity God for the same do make
and publish this my last will and testament.
I give and bequeath to Jane Hemminger and Lydia Grummond all my
wearing apperal household goods and furniture.
Item 2nd I give and bequeath to the aforesaid Lydia Grummond my
gold beads
Item 3rd I give and bequeath to John F. Hemminger a house and lot in the
village of East Liberty owned by me.
Item 4th I give and bequeath to Charles E. Hemminger one hundred dollars
in money
Item 5th I give and bequeath to Fowler and Austin Grummond four
hundred dollars each in money
Item 6th I give and bequeath to Jane Ann Hemminger & Lydia Grummond
the ballance of my money in Equal potions after paying my legal
debts and Funeral charges
Item 7th I give and bequeath to Jane Ann Hemminger my silver tea
and sauce spoons
I hereby revoke all former wills made by me, I hereby constitute and
apoint Charles Wilcox the executor of this my last will & testament
In testimony hereof I have hereunto set my hand and seal this 24th day
of March 1864. her
Signed sealed and acknowledged ) Margaret x Fowler {seal}
in presence of ) mark
Charles Wilcox. )
S.P. Lott )
Copy of the testimony. ~
The State of Ohio, Delaware County Ss.
We Charles Wilcox and Salmon P. Lott being duly sworn in open court
this day of May A.D. 1865. depose and say, that we were present at the
execution of the last will and testament of Margaret Fowler hereto annexed;
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 199)
Description
[page 199]
[corresponds to labeled page 167 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Margaret Fowler decd.
that we saw the said testator subscribe said will, and heard him 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
Charles Wilcox.
Salmon P. Lott.
Sworn to and subscribed before me this 21st day of May A.D. 1864.
T.W. Powell, Probate Judge.
______________________________
Record of the Will of Irvin McD. Finch decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his office
in the Town of Delaware on the 27th day of June A.D. 1864.
This day the last will and testament of Irvin McD. Finch late of
this county, deceased, was presented to the court for Probate and record
Thereupon the said Will was duly proved by the testimony of James R.Hubbell
and Thomas W. Powell whose testimony was reduced to writing, and now
annexed to the said Will and filed therewith; and it appearing to the court
that the said will was duly executed and attested; and that the said testator at
the time of executing the same was of full age, and of sound mind
and memory, and not under any restraint; Thereupon, upon consider
=ation thereof, the Court orders that the new will be admitted to probate
as duly proved as the last will and testament of the said Irvin McD Finch
decd and ordered to be recorded as such.
Copy of the Will.
The Will and testament of Irvin McD. Finch. I, Irvin McD. Finch
do hereby make this my last will and testament as follows, to wit: ~
As I am now about to go into the service of the United States
in the War against the Secession Rebellion, and in case I should
die while about it is my will and I accordingly will and devise
my real property as follows to wit: ~ first, that my executor sell and
dispose enough thereof to pay all my just debts; and the residue thereof
I will, give and devise to my grand Mother, Mary Grimes Gaston for
and during her life time, and after her death to be divided equally
amongst her children and their heirs forever.
I hereby make, constitute and appoint Robert Gaston executor
of this my last will and testament; and give him full power and authority
to sell and convey sufficient of my real property to pay my said debts and
pass over to my Grand Mother the residue thereof as aforesaid.
Signed & published as my will this 11th day of June 1861.
(Signed) I.M. Finch {seal}
Done in our presence as witnesses thereto )
(signed) James R. Hubbell )
T.W. Powell )
[seal] (over).
[corresponds to labeled page 167 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Margaret Fowler decd.
that we saw the said testator subscribe said will, and heard him 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
Charles Wilcox.
Salmon P. Lott.
Sworn to and subscribed before me this 21st day of May A.D. 1864.
T.W. Powell, Probate Judge.
______________________________
Record of the Will of Irvin McD. Finch decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the county of Delaware and State of Ohio, at his office
in the Town of Delaware on the 27th day of June A.D. 1864.
This day the last will and testament of Irvin McD. Finch late of
this county, deceased, was presented to the court for Probate and record
Thereupon the said Will was duly proved by the testimony of James R.Hubbell
and Thomas W. Powell whose testimony was reduced to writing, and now
annexed to the said Will and filed therewith; and it appearing to the court
that the said will was duly executed and attested; and that the said testator at
the time of executing the same was of full age, and of sound mind
and memory, and not under any restraint; Thereupon, upon consider
=ation thereof, the Court orders that the new will be admitted to probate
as duly proved as the last will and testament of the said Irvin McD Finch
decd and ordered to be recorded as such.
Copy of the Will.
The Will and testament of Irvin McD. Finch. I, Irvin McD. Finch
do hereby make this my last will and testament as follows, to wit: ~
As I am now about to go into the service of the United States
in the War against the Secession Rebellion, and in case I should
die while about it is my will and I accordingly will and devise
my real property as follows to wit: ~ first, that my executor sell and
dispose enough thereof to pay all my just debts; and the residue thereof
I will, give and devise to my grand Mother, Mary Grimes Gaston for
and during her life time, and after her death to be divided equally
amongst her children and their heirs forever.
I hereby make, constitute and appoint Robert Gaston executor
of this my last will and testament; and give him full power and authority
to sell and convey sufficient of my real property to pay my said debts and
pass over to my Grand Mother the residue thereof as aforesaid.
Signed & published as my will this 11th day of June 1861.
(Signed) I.M. Finch {seal}
Done in our presence as witnesses thereto )
(signed) James R. Hubbell )
T.W. Powell )
[seal] (over).
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 200)
Description
[page 200]
[corresponds to labeled page 168 of Will Records Vol. 4 - 1859-1869]
Record of the will of Irvin McD. Finch decd.
Continued. Copy of the testimony in proof of the will.
The State of Ohio, Delaware County S.s.
I, James R. Hubbell being duly sworn in open court this 27th day
of June A.D. 1864, depose and say that we were present at the execution of
the last will and testament of Irvin McD. Finch hereto annexed; that we
Thomas W. Powell and this affiant 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. And the said Hubbell says that the said will
was duly witnessed by him and said Powell as witnesses as above states, and
the will then duly executed; and the said Powell is now the Probate Judge of the
County. (signed) J.R. Hubbell
Sworn to and subscribed before me this 27th day of June A.D. 1864.
T.W.Powell Probate Judge
The State of Ohio, Delaware County S.s.
I, Thomas W. Powell being duly sworn this 27th day of June A.D. 1864
depose and say that we this affiant and James R. Hubbell were present
at the execution of the last will and testament of Irvin McD. Finch 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.
(signed) T.W.Powell
[notorial] Sworn to and subscribed before me this 27th day of June A.D. 1864
Henry J. Eaton, Notary Public
in & for said county & state
___________________________ || _______________________________
Record of the will of Hiram A. Fuller decd. July 22d 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the said county of Delaware and the
State of Ohio, at his office in the Town of Delaware on
the 22d day of July A.D. 1864.
This day the last will and testament of Hiram A. Fuller
late of Berkshire Township in this county deceased was
presented to the court for Probate and record. Thereupon
Demos Bricker and David T. Sherman witnesses
to the said will came into court and were duly sworn and
examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the
court that the said will was duly executed and attested, and that
the said testator at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint; thereupon the court upon consideration thereof, orders
that the said will be admitted to probate as duly proved as
[corresponds to labeled page 168 of Will Records Vol. 4 - 1859-1869]
Record of the will of Irvin McD. Finch decd.
Continued. Copy of the testimony in proof of the will.
The State of Ohio, Delaware County S.s.
I, James R. Hubbell being duly sworn in open court this 27th day
of June A.D. 1864, depose and say that we were present at the execution of
the last will and testament of Irvin McD. Finch hereto annexed; that we
Thomas W. Powell and this affiant 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. And the said Hubbell says that the said will
was duly witnessed by him and said Powell as witnesses as above states, and
the will then duly executed; and the said Powell is now the Probate Judge of the
County. (signed) J.R. Hubbell
Sworn to and subscribed before me this 27th day of June A.D. 1864.
T.W.Powell Probate Judge
The State of Ohio, Delaware County S.s.
I, Thomas W. Powell being duly sworn this 27th day of June A.D. 1864
depose and say that we this affiant and James R. Hubbell were present
at the execution of the last will and testament of Irvin McD. Finch 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.
(signed) T.W.Powell
[notorial] Sworn to and subscribed before me this 27th day of June A.D. 1864
Henry J. Eaton, Notary Public
in & for said county & state
___________________________ || _______________________________
Record of the will of Hiram A. Fuller decd. July 22d 1864.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the said county of Delaware and the
State of Ohio, at his office in the Town of Delaware on
the 22d day of July A.D. 1864.
This day the last will and testament of Hiram A. Fuller
late of Berkshire Township in this county deceased was
presented to the court for Probate and record. Thereupon
Demos Bricker and David T. Sherman witnesses
to the said will came into court and were duly sworn and
examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the
court that the said will was duly executed and attested, and that
the said testator at the time of executing the same was of
full age and of sound mind and memory and not under any
restraint; thereupon the court upon consideration thereof, orders
that the said will be admitted to probate as duly proved as
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 201)
Description
[page 201]
[corresponds to labeled page 169 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram A. Fuller decd. July 22d 1864
the last will and testament of the said Hiram A. Fuller decd.
and ordered to be recorded as such.
Record of the Will.
In the name of the Benevolent Father of All: ~ I Hiram
A. Fuller of the Township of Berkshire County of Delaware and
State of Ohio, do make and publish this my last will and testa
=ment as follows, to wit: ~ After the payment of all my past debts
I give and bequeath to my son Ralf M. Fuller the farm on
which I reside situated in the township of Berkshire, County
of Delaware and State of Ohio; bounded as follows, to wit; on the
north by lands owned by Joseph Prince, on the east by the road
on the south by the lands owned by the heirs of James Jones;
on the west by lands owned by J. Hoskins, containing ninety nine
acres. The said Ralph M. in consideration of the above bequest
shall furnish to myself & Rody my wife a good & sufficient
support and provide for all our wants both in sickness and
in health; and at our deaths severally a respectable burial
and cause to be erected tomb stones over our graves. After
my death and the death of my wife Rody, the above mentioned
farm shall be divided between Ralf M. Fuller and Lydia A.
Gregg, as follows, to wit; the part assigned to Ralf M. Fuller shall be
bounded by commencing at the north east corner of the farm,
thence South twenty six & a half rods; thence west eighteen rods;
thence north three rods; thence west eighteen rods; thence south
one and a half rods; thence west to the west line of the said lot;
all the lines running west to be parallel with the north line of
said lot; containing fifty acres more or less; the said Ralf M.
Fuller to have the privilege of watering his stock at the spring on
the south half of the farm. The balance of the my farm being the
south part and containing forty nine acres, I give and bequeath
to Lydia A. Gregg, on condition that she pay to the heirs of Hiram
C. Fuller and to the heirs of Samuel L. Fuller the following sums to
wit; nine hundred dollars in payments as follows, three hundred
dollars one year after the death of myself and
Rody my wife; three hundred dollars two years after the date of
the first payment; three hundred dollars two years after the date
of the second payment; each instalment to be equally divided
amongst the above mentioned heirs severally. I hereby nomin
=ate and appoint Henry Gregg Executor of this my last will and
testament; hereby authorizing & empowering him to adjust release
and discharge in such manner as he shall deem lawful and sight
the claims due to me; and I hereby revoke all former wills made
by me. In testimony whereof I have hereunto set my hand &
seal, this fourth day of March in the year one thousand either hundred
and sixty four. (signed) H.A. Fuller [Seal]
Signed and acknowledged by said Hiram A. Fuller as his )
last will and testament in our presence and signed by us in his )
presence. (signed) Demos Bricker, D.J. Sherman, David Gregory )
[corresponds to labeled page 169 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram A. Fuller decd. July 22d 1864
the last will and testament of the said Hiram A. Fuller decd.
and ordered to be recorded as such.
Record of the Will.
In the name of the Benevolent Father of All: ~ I Hiram
A. Fuller of the Township of Berkshire County of Delaware and
State of Ohio, do make and publish this my last will and testa
=ment as follows, to wit: ~ After the payment of all my past debts
I give and bequeath to my son Ralf M. Fuller the farm on
which I reside situated in the township of Berkshire, County
of Delaware and State of Ohio; bounded as follows, to wit; on the
north by lands owned by Joseph Prince, on the east by the road
on the south by the lands owned by the heirs of James Jones;
on the west by lands owned by J. Hoskins, containing ninety nine
acres. The said Ralph M. in consideration of the above bequest
shall furnish to myself & Rody my wife a good & sufficient
support and provide for all our wants both in sickness and
in health; and at our deaths severally a respectable burial
and cause to be erected tomb stones over our graves. After
my death and the death of my wife Rody, the above mentioned
farm shall be divided between Ralf M. Fuller and Lydia A.
Gregg, as follows, to wit; the part assigned to Ralf M. Fuller shall be
bounded by commencing at the north east corner of the farm,
thence South twenty six & a half rods; thence west eighteen rods;
thence north three rods; thence west eighteen rods; thence south
one and a half rods; thence west to the west line of the said lot;
all the lines running west to be parallel with the north line of
said lot; containing fifty acres more or less; the said Ralf M.
Fuller to have the privilege of watering his stock at the spring on
the south half of the farm. The balance of the my farm being the
south part and containing forty nine acres, I give and bequeath
to Lydia A. Gregg, on condition that she pay to the heirs of Hiram
C. Fuller and to the heirs of Samuel L. Fuller the following sums to
wit; nine hundred dollars in payments as follows, three hundred
dollars one year after the death of myself and
Rody my wife; three hundred dollars two years after the date of
the first payment; three hundred dollars two years after the date
of the second payment; each instalment to be equally divided
amongst the above mentioned heirs severally. I hereby nomin
=ate and appoint Henry Gregg Executor of this my last will and
testament; hereby authorizing & empowering him to adjust release
and discharge in such manner as he shall deem lawful and sight
the claims due to me; and I hereby revoke all former wills made
by me. In testimony whereof I have hereunto set my hand &
seal, this fourth day of March in the year one thousand either hundred
and sixty four. (signed) H.A. Fuller [Seal]
Signed and acknowledged by said Hiram A. Fuller as his )
last will and testament in our presence and signed by us in his )
presence. (signed) Demos Bricker, D.J. Sherman, David Gregory )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 202)
Description
[page 202]
[corresponds to labeled page 170 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram A. Fuller. July 22d 1864.
Copy of the testimony, to wit:~
The State of Ohio, Delaware County S.s.
We Demos Bricker and David J. Sherman, being duly sworn
in open court this 22d day of July A.D. 1864, depose and say that
we were present at the execution of the last will and testament of
Hiram A. Fuller 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 pres
=ence, and in the presence of each. and they further say that
David Gregory the third witness to the said will has left this county and
gone to some place unknown in California.
(Signed) Demos Bricker
D.J. Sherman.
Sworn to and subscribed before me this 22d day of July A.D. 1864.
J.W. Powell Probate Judge
_________________ || _______________________
Record of the will of Enoch Domigan decd.
Proceedings held before Thomas W. Powell Judge of the
Probate Court in and for the said county of Delaware
at his office in the Town of Delaware on the 15th day of
August A.D. 1864.
This day the last will and testament of Enoch Domigan
late of the said county decd. was presented to the court for probate
and record. Thereupon James P. Crawford and Susan Crawford
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the
court, that the said will was duly executed and attested, and that
the testator at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint
thereupon the court upon consideration thereof orders that
the said will be admitted to probate as duly proved as the last
will and testament of the said Enoch Domigan decd. and ordered
to be recorded as such.
Copy of the will.
In the name of the Benevolent Father of All.
I Enoch Domigan 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, one third of the valuation of the farm on which
we now reside, situated in the county of Delaware and state of Ohio
[corresponds to labeled page 170 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Hiram A. Fuller. July 22d 1864.
Copy of the testimony, to wit:~
The State of Ohio, Delaware County S.s.
We Demos Bricker and David J. Sherman, being duly sworn
in open court this 22d day of July A.D. 1864, depose and say that
we were present at the execution of the last will and testament of
Hiram A. Fuller 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 pres
=ence, and in the presence of each. and they further say that
David Gregory the third witness to the said will has left this county and
gone to some place unknown in California.
(Signed) Demos Bricker
D.J. Sherman.
Sworn to and subscribed before me this 22d day of July A.D. 1864.
J.W. Powell Probate Judge
_________________ || _______________________
Record of the will of Enoch Domigan decd.
Proceedings held before Thomas W. Powell Judge of the
Probate Court in and for the said county of Delaware
at his office in the Town of Delaware on the 15th day of
August A.D. 1864.
This day the last will and testament of Enoch Domigan
late of the said county decd. was presented to the court for probate
and record. Thereupon James P. Crawford and Susan Crawford
witnesses to the said will came into court and were duly sworn
and examined, and their testimony reduced to writing and now
annexed to the will and filed therewith; and it appearing to the
court, that the said will was duly executed and attested, and that
the testator at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint
thereupon the court upon consideration thereof orders that
the said will be admitted to probate as duly proved as the last
will and testament of the said Enoch Domigan decd. and ordered
to be recorded as such.
Copy of the will.
In the name of the Benevolent Father of All.
I Enoch Domigan 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, one third of the valuation of the farm on which
we now reside, situated in the county of Delaware and state of Ohio
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 203)
Description
[page 203]
[corresponds to labeled page 171 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Enoch Domigan. August 15th 1864.
in R.17. Tp.4. S.3. No.S.M. Survey, north east part of Lot No. 22
Referance to a deed from Elijah Carney to said Enoch Domigan,
also one third of all my personal property
money and credits, in case of a division of property between
my wife and my son William, I will that my wife have the
occupancy and control of the east dwelling house; and also
a proportionable occupancy in the barn with my son William,
and that my wife hold and control the above willed real estate
during her widowhood; and if she never marries then, during
her natural life.
Item 2. I give and devise to my son William Domigan
two thirds of the valuation of the farm on which we now reside
as above described; also in case of a division of property between
him and my wife that he have the occupancy and control of
the west house together with his interest in the barn; also an
equal share of the residue of my personal property together
with John Domigan, Hiram Domigan, Elias Domigan,
Lewis D. Domigan and to Jeremiah Domigan. I will and
devise a note of hand for the sum three hundred dollars
given by me to John Jacobus as a part of his legase and
to Eliza Huff Daughter of Ezekiel Domigan I will and
devise forty dollars and to the rest of the heirs of Ezekiel
Domigan I will and devise five dollars each.
Item 3. I do hereby nominate and appoint Ezekiel
Brown and J.P. Crawford executors of this my will and
testament hereby authorizing and empowering them or either
of them to compromise, adjust, release and discharge in
such manner as they may deem proper the debts & claims
due me. I do also authorize and empower them to
pay all my debts and make distribution of my property in
accordance with 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 13th day of Oct. 1863.
Signed and acknowledged by said Enoch Domigan ) (Signed) Enoch Domigan [Seal]
As his last will and testament in our presence and )
signed by us in his presence (Signed) J.P. Crawford )
Susan Crawford )
The State of Ohio Delaware County S.s. We James P. Crawford and Susan
Crawford
of testimony being duly sworn in open court this 15th day of August
A.D. 1864, depose and say that
we were present at the execution of the last will and testament of Enoch Domigan
hereto annexed; that we saw the said testator subscribe said will, and heard him
publish and declare the same to be his last will & testament and that the said testaor 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) J.P. Crawford
Susan Crawford
Sworn to and subscribed before me this 15th day of August A.D. 1864.
T.W. Powell Probate Judge
[corresponds to labeled page 171 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Enoch Domigan. August 15th 1864.
in R.17. Tp.4. S.3. No.S.M. Survey, north east part of Lot No. 22
Referance to a deed from Elijah Carney to said Enoch Domigan,
also one third of all my personal property
money and credits, in case of a division of property between
my wife and my son William, I will that my wife have the
occupancy and control of the east dwelling house; and also
a proportionable occupancy in the barn with my son William,
and that my wife hold and control the above willed real estate
during her widowhood; and if she never marries then, during
her natural life.
Item 2. I give and devise to my son William Domigan
two thirds of the valuation of the farm on which we now reside
as above described; also in case of a division of property between
him and my wife that he have the occupancy and control of
the west house together with his interest in the barn; also an
equal share of the residue of my personal property together
with John Domigan, Hiram Domigan, Elias Domigan,
Lewis D. Domigan and to Jeremiah Domigan. I will and
devise a note of hand for the sum three hundred dollars
given by me to John Jacobus as a part of his legase and
to Eliza Huff Daughter of Ezekiel Domigan I will and
devise forty dollars and to the rest of the heirs of Ezekiel
Domigan I will and devise five dollars each.
Item 3. I do hereby nominate and appoint Ezekiel
Brown and J.P. Crawford executors of this my will and
testament hereby authorizing and empowering them or either
of them to compromise, adjust, release and discharge in
such manner as they may deem proper the debts & claims
due me. I do also authorize and empower them to
pay all my debts and make distribution of my property in
accordance with 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 13th day of Oct. 1863.
Signed and acknowledged by said Enoch Domigan ) (Signed) Enoch Domigan [Seal]
As his last will and testament in our presence and )
signed by us in his presence (Signed) J.P. Crawford )
Susan Crawford )
The State of Ohio Delaware County S.s. We James P. Crawford and Susan
Crawford
of testimony being duly sworn in open court this 15th day of August
A.D. 1864, depose and say that
we were present at the execution of the last will and testament of Enoch Domigan
hereto annexed; that we saw the said testator subscribe said will, and heard him
publish and declare the same to be his last will & testament and that the said testaor 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) J.P. Crawford
Susan Crawford
Sworn to and subscribed before me this 15th day of August A.D. 1864.
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 204)
Description
[page 204]
[corresponds to labeled page 172 of Will Records Vol. 4 - 1859-1869]
Record of the will of John P. Jones decd. Sept. 9th 1864.
Proceedings had before Thomas W. Powell judge of
the Probate Court in and for the county of Delaware at his
office in the Town of Delaware on the 9th day of September
A.D. 1864.
This day the last will and testament of John P. Jones
late of Radnor in this county decd. was presented to the
court for probate and record. Thereupon David Pritchard
one of the witnesses to the said will came into court was duly
sworn and examined, and his testimony reduced to writing
and now annexed to the will and filed therewith; and
it appearing to the court that John N. Cox the other witness
to the said will was deceased, thereupon Joseph N. Cox came
into court, was duly sworn & examined and his testimony
after being reduced to writing as aforesaid; and it appearing
to the said court that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint; thereupon the court upon considera
=tion thereof, orders that the said will be admitted to probate
as duly proved as the last will and testament of the said
John P. Jones decd.
Record of the will to wit:~
In the name of the Benevolent Father of All:~
I John P. Jones of Radnor Township, Delaware Co. and
State of Ohio, do make and publish this my last will and
testament.
Item 1st I give and bequeath to my beloved wife Mary Jones
in lieu of her dower the farm known as the Penlan farm
containing one hundred and eighty acres of land during
her natural life. Also all my house hold furnature and
stock, and all personal property belonging to me for her
own use, to be disposed of as she may deem best, after
paying out of the same of my just debts and funeral expenses
2d I also give and devise and bequeath unto my said wife
Mary Jones, the lot, house and school house known as
David Bliett place containing about four acres of land
in fee simple, and after her death to Mary Bourford my daugther
3rd I give and bequeath to Mary Bourford after my death
seven hundred dollars.
4th I give and bequeath unto my son William Jones twenty
dollars to be paid after the death of my wife
Mary Jones; and the same amount to Phillip Jones and Joan
Penry.
5th I give and bequeath unto my three grand children - the
children of my deceased daughter Margaret Allen the sum
of six hundred dollars to be equally divided among them
or the survivors of them, to be paid after my death and my
wife's.
[corresponds to labeled page 172 of Will Records Vol. 4 - 1859-1869]
Record of the will of John P. Jones decd. Sept. 9th 1864.
Proceedings had before Thomas W. Powell judge of
the Probate Court in and for the county of Delaware at his
office in the Town of Delaware on the 9th day of September
A.D. 1864.
This day the last will and testament of John P. Jones
late of Radnor in this county decd. was presented to the
court for probate and record. Thereupon David Pritchard
one of the witnesses to the said will came into court was duly
sworn and examined, and his testimony reduced to writing
and now annexed to the will and filed therewith; and
it appearing to the court that John N. Cox the other witness
to the said will was deceased, thereupon Joseph N. Cox came
into court, was duly sworn & examined and his testimony
after being reduced to writing as aforesaid; and it appearing
to the said court that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint; thereupon the court upon considera
=tion thereof, orders that the said will be admitted to probate
as duly proved as the last will and testament of the said
John P. Jones decd.
Record of the will to wit:~
In the name of the Benevolent Father of All:~
I John P. Jones of Radnor Township, Delaware Co. and
State of Ohio, do make and publish this my last will and
testament.
Item 1st I give and bequeath to my beloved wife Mary Jones
in lieu of her dower the farm known as the Penlan farm
containing one hundred and eighty acres of land during
her natural life. Also all my house hold furnature and
stock, and all personal property belonging to me for her
own use, to be disposed of as she may deem best, after
paying out of the same of my just debts and funeral expenses
2d I also give and devise and bequeath unto my said wife
Mary Jones, the lot, house and school house known as
David Bliett place containing about four acres of land
in fee simple, and after her death to Mary Bourford my daugther
3rd I give and bequeath to Mary Bourford after my death
seven hundred dollars.
4th I give and bequeath unto my son William Jones twenty
dollars to be paid after the death of my wife
Mary Jones; and the same amount to Phillip Jones and Joan
Penry.
5th I give and bequeath unto my three grand children - the
children of my deceased daughter Margaret Allen the sum
of six hundred dollars to be equally divided among them
or the survivors of them, to be paid after my death and my
wife's.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 205)
Description
[page 205]
[corresponds to labeled page 173 of Will Records Vol. 4 - 1859-1869]
Record of the will of John P. Jones decd. Sept. 9th 1864.
Item 6th Whatever property remains after my decease
and my wife's, to be equally divded between William Jones,
Joan Penry and Mary Bunford.
Item 7th I do hereby nominate and appoint my son William
Jones, David Prichard and Mary Jones my wife as execu=
=tors of this my last will and testament, and do hereby revoke
all former wills by me made.
In testimony whereof I have hereunto set my hand and seal
this twenty third day of November in the year of our Lord one
thousand eight hundred and fifty four.
Signed and ackowledged by said J.P. Jones) (Signed) John P. Jones [seal]
Penlan as his last will and testament in )
presence of us. (signed) David Prichard )
John N. Cox )
Record of the testimony as reduced to writing
The State of Ohio, Delaware County S.s.
I, David Prichard being duly sworn in open court this 9th
day of September A.D. 1864 depose and say that I was present at
the execution of the last will and testament of John P. Jones hereto
annexed; that she 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, this affiant and John N. Cox now deceased at the
same time; signed the name as witnesses at his request and in his
presence, and in the presence of each other, that both this affiant
and said John N. Cox were present at the execution of said will as
as above stated, and both signed the same in the manner above
stated in the presence of the testator and at his request and in the
presence of each other; the said John N. Cox is now deceased.
(signed) David Prichard.
Sworn to and subscribed before me this 9th day of September A.D. 1864.
T.W. Powell Probate Judge
The State of Ohio, Delaware County S.S. Joseph C. Cox being
duly sworn upon his oath says that he has examined the will of
John P. Jones hereto attached, and to which the signatures of John
N. Cox is attached as witness; said John N. Cox was deponants
father, and was well acquainted with his signature and says that
the signature of his to the said will is genuine that he recollects
the fact and the date of making the will and was at that time
well acquainted with said John P. Jones and says that the said John
P. Jones was a man then of sound mind and memory and well
capable of making his will. (signed) Joseph C. Cox.
Sworn to & subscribed before me this 9th day of September
A.D. 1864. T.W. Powell Probate Judge
[corresponds to labeled page 173 of Will Records Vol. 4 - 1859-1869]
Record of the will of John P. Jones decd. Sept. 9th 1864.
Item 6th Whatever property remains after my decease
and my wife's, to be equally divded between William Jones,
Joan Penry and Mary Bunford.
Item 7th I do hereby nominate and appoint my son William
Jones, David Prichard and Mary Jones my wife as execu=
=tors of this my last will and testament, and do hereby revoke
all former wills by me made.
In testimony whereof I have hereunto set my hand and seal
this twenty third day of November in the year of our Lord one
thousand eight hundred and fifty four.
Signed and ackowledged by said J.P. Jones) (Signed) John P. Jones [seal]
Penlan as his last will and testament in )
presence of us. (signed) David Prichard )
John N. Cox )
Record of the testimony as reduced to writing
The State of Ohio, Delaware County S.s.
I, David Prichard being duly sworn in open court this 9th
day of September A.D. 1864 depose and say that I was present at
the execution of the last will and testament of John P. Jones hereto
annexed; that she 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, this affiant and John N. Cox now deceased at the
same time; signed the name as witnesses at his request and in his
presence, and in the presence of each other, that both this affiant
and said John N. Cox were present at the execution of said will as
as above stated, and both signed the same in the manner above
stated in the presence of the testator and at his request and in the
presence of each other; the said John N. Cox is now deceased.
(signed) David Prichard.
Sworn to and subscribed before me this 9th day of September A.D. 1864.
T.W. Powell Probate Judge
The State of Ohio, Delaware County S.S. Joseph C. Cox being
duly sworn upon his oath says that he has examined the will of
John P. Jones hereto attached, and to which the signatures of John
N. Cox is attached as witness; said John N. Cox was deponants
father, and was well acquainted with his signature and says that
the signature of his to the said will is genuine that he recollects
the fact and the date of making the will and was at that time
well acquainted with said John P. Jones and says that the said John
P. Jones was a man then of sound mind and memory and well
capable of making his will. (signed) Joseph C. Cox.
Sworn to & subscribed before me this 9th day of September
A.D. 1864. T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 206)
Description
[page 206]
[corresponds to labeled page 174 of Will Records Vol. 4 - 1859-1869]
Record of the will of David B. Jones decd. Sept. 14th 1864
Proceedings had before Thomas W. Powell judge of
the Probate court in and for the county of Delaware at
his office in the Town of Delaware on the 14th day
of September A.D. 1864.
This day the last will and testament of David B. Jones
late of Radnor in the said county decd. was presented
to the court for probate and record. Thereupon Abraham
Lloyd and Thomas Owens witnesses to the said will came
into court and were duly sworn and examined and their
testimony reduced to writing, and now annexed to the
will and filed therewith; and it appearing to the court that
the said will was duly executed and attested, and that the testa
=tor at the time of executing the same was of full age
and of sound mind and memory and not restraint;
Thereupon the court upon consideration thereof orders
that the said will be admitted to probate and duly proved
as the last will and testament of the said David B. Jones
decd. and ordered to be recorded as such.
Record of the will; to wit:~
I David B. Jones of Radnor Township, Delaware County
Ohio, do make and publish this to be my last will and testament
in manner and form following that is to say:~
First: It is my will that all my funeral expenses and all my
just debts be fully paid.
Second: I give bequeath and devise to my beloved wife Mar
=garet all the property that I own real and personal during her
natural life time.
Third. I give, devise and bequeath to my daughter Mary
Watkins two hundred and fifty dollars also I give to my
daughter Sarah Cox one dollar also I give to my dau
=ghter Gwin Jones one dollar; also in addition to the
above I give and bequeath to my daughter Mary Watkins
one clock, and bed and beding and bedstead, one bureau
and one tub.
Fourth. I give devise and bequeath all the balance left
after paying the above two hundred and fifty two dollars
after my wife's death, to be equally divided between my wife
Margaret's children living at her death; and lastly I hereby
constitute and appoint William Watkins to be the executor
for this my last will and testament revoking and anulling all
former wills by me made; and ratifying and comfirming this
and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal
this 19th day of January A.D. 1859. (signed) David B. Jones [seal]
Signed published and declared by the above named David B. Jones )
as and for his last will & testament in presence of us, who at )
his request have signed as witnesses to the same. )
his )
Abraham Lloyd. Thomas X Owens )
mark )
[corresponds to labeled page 174 of Will Records Vol. 4 - 1859-1869]
Record of the will of David B. Jones decd. Sept. 14th 1864
Proceedings had before Thomas W. Powell judge of
the Probate court in and for the county of Delaware at
his office in the Town of Delaware on the 14th day
of September A.D. 1864.
This day the last will and testament of David B. Jones
late of Radnor in the said county decd. was presented
to the court for probate and record. Thereupon Abraham
Lloyd and Thomas Owens witnesses to the said will came
into court and were duly sworn and examined and their
testimony reduced to writing, and now annexed to the
will and filed therewith; and it appearing to the court that
the said will was duly executed and attested, and that the testa
=tor at the time of executing the same was of full age
and of sound mind and memory and not restraint;
Thereupon the court upon consideration thereof orders
that the said will be admitted to probate and duly proved
as the last will and testament of the said David B. Jones
decd. and ordered to be recorded as such.
Record of the will; to wit:~
I David B. Jones of Radnor Township, Delaware County
Ohio, do make and publish this to be my last will and testament
in manner and form following that is to say:~
First: It is my will that all my funeral expenses and all my
just debts be fully paid.
Second: I give bequeath and devise to my beloved wife Mar
=garet all the property that I own real and personal during her
natural life time.
Third. I give, devise and bequeath to my daughter Mary
Watkins two hundred and fifty dollars also I give to my
daughter Sarah Cox one dollar also I give to my dau
=ghter Gwin Jones one dollar; also in addition to the
above I give and bequeath to my daughter Mary Watkins
one clock, and bed and beding and bedstead, one bureau
and one tub.
Fourth. I give devise and bequeath all the balance left
after paying the above two hundred and fifty two dollars
after my wife's death, to be equally divided between my wife
Margaret's children living at her death; and lastly I hereby
constitute and appoint William Watkins to be the executor
for this my last will and testament revoking and anulling all
former wills by me made; and ratifying and comfirming this
and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal
this 19th day of January A.D. 1859. (signed) David B. Jones [seal]
Signed published and declared by the above named David B. Jones )
as and for his last will & testament in presence of us, who at )
his request have signed as witnesses to the same. )
his )
Abraham Lloyd. Thomas X Owens )
mark )
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 207)
Description
[page 207]
[corresponds to labeled page 175 of Will Records Vol. 4 - 1859-1869]
Record of the will of David B. Jones decd. Sept. 14th 1864.
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County S.s.
We Abraham Lloyd and Thomas Owens being duly sworn
in open court this 14th day of September A.D. 1864, depose and
say that we were present at the execution of the last will
and testament of David B. Jones hereto annexed, that we saw
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 mind and memory and not under
any restraint, and that we signed the same as witnesses at his re=
=quest and in his presence and in the presence of each other.
(signed) Abraham Lloyd
his
Thomas Owens
Sworn to and subscribed before me this 14th day of September
A.D. 1864. T.W. Powell Probate Judge
_______________ || ______________________
Record of the will of Samuel Poppleton decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
State of Ohio, at his office in the Town of Delaware on
the 30th day of September A.D. 1864.
This day B. F. Poppleton presents in court the last will and testament
of his father Samuel Poppleton late of this county decd. and asked
a commission to be issued by this court to L.B. Smith Esqr of
Elyria, in the county of Lorain in this state to take the
testimony and deposition of Charles W. Johnston and John W.
Burwell of Elyria, who are the subscribing witnesses to the said
will and testament of the said Samuel Poppleton decd. which
is accordingly ordered and the commission issued.
And afterwards on the 10th day of October A.D. 1864 the
following entries were made by the court on its journal. to wit:~
This day the Commission heretofore issued to L.B. Smith Esqr
as Commissioner to take the depositions etc of the witneses
to the said will, and proof of the due execution thereof
was duly returned with the testimony of Charles W. Johnstown
and John W. Burwell the witnesses to the said will, reduced to
writing and annexed to the said will; and it thereupon appearing
to the court that the said will was duly executed and attested; and
that the testator at the time of executing the same, was of full
age, and of sound mind and memory, and not under any re=
=straint; thereupon the court, upon consideration thereof, orders
that the said will be admitted to probate as duly proved as
the last will and testament of said Samuel Poppleton decd.
and ordered to be recorded as such. ordered further
that letters testamentary with the will annexed be granted
[corresponds to labeled page 175 of Will Records Vol. 4 - 1859-1869]
Record of the will of David B. Jones decd. Sept. 14th 1864.
Record of the testimony as reduced to writing.
The State of Ohio, Delaware County S.s.
We Abraham Lloyd and Thomas Owens being duly sworn
in open court this 14th day of September A.D. 1864, depose and
say that we were present at the execution of the last will
and testament of David B. Jones hereto annexed, that we saw
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 mind and memory and not under
any restraint, and that we signed the same as witnesses at his re=
=quest and in his presence and in the presence of each other.
(signed) Abraham Lloyd
his
Thomas Owens
Sworn to and subscribed before me this 14th day of September
A.D. 1864. T.W. Powell Probate Judge
_______________ || ______________________
Record of the will of Samuel Poppleton decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
State of Ohio, at his office in the Town of Delaware on
the 30th day of September A.D. 1864.
This day B. F. Poppleton presents in court the last will and testament
of his father Samuel Poppleton late of this county decd. and asked
a commission to be issued by this court to L.B. Smith Esqr of
Elyria, in the county of Lorain in this state to take the
testimony and deposition of Charles W. Johnston and John W.
Burwell of Elyria, who are the subscribing witnesses to the said
will and testament of the said Samuel Poppleton decd. which
is accordingly ordered and the commission issued.
And afterwards on the 10th day of October A.D. 1864 the
following entries were made by the court on its journal. to wit:~
This day the Commission heretofore issued to L.B. Smith Esqr
as Commissioner to take the depositions etc of the witneses
to the said will, and proof of the due execution thereof
was duly returned with the testimony of Charles W. Johnstown
and John W. Burwell the witnesses to the said will, reduced to
writing and annexed to the said will; and it thereupon appearing
to the court that the said will was duly executed and attested; and
that the testator at the time of executing the same, was of full
age, and of sound mind and memory, and not under any re=
=straint; thereupon the court, upon consideration thereof, orders
that the said will be admitted to probate as duly proved as
the last will and testament of said Samuel Poppleton decd.
and ordered to be recorded as such. ordered further
that letters testamentary with the will annexed be granted
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 208)
Description
[page 208]
[corresponds to labeled page 176 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton decd. October 10th 1864
to Houston H. Poppleton and Early F. Poppleton the executors
named in the will, upon giving bonds in the sum of $2000
also have accordingly given such bond with William P. Reid
and Hiosea W. Chamberlain -- as their surities and
are appointed appraisers
of the said estate.
Copy and record of the will:-
In the name of the Benevolent Father of All:
I Samuel Poppleton of Delaware, Delaware county
Ohio, being of sound and disposing mind, memory and
understanding, do make, publish and declare this
to be my last will and testament in manner and
form following that is to say:-
First. It is my will and desire that all my just debts, funer
=al charges and expenses; and the costs and expenses
attending the execution of this my will shall be paid
by my executors hereinafter named out of my personal
property.
Second. I give and devise to my beloved wife in lieu of her dower
Five thousand dollars ($5000) to be made out of my personal
property after making provision for charges and expenses in
item first, if it can be done. If it cannot be made
out of my personal property as above, then the residue shall
be made up out of my real estate. I also give and
bequeath to her all house hold goods and furniture of which
I may die seized.
Third. I give and bequeath to my Grand Daughter Clara Poppleton
one hundred dollars. If she does not become of age
until after my decease it shall be paid when she so
becomes of age. If she becomes of age before my decease
then according to law.
Fourth. That after paying the above bequest and costs and expenses
it is my desire and will that the residue of my property and
estate, both real and personal shall be divided into eight
(8) equal shares; one of which shares shall go to each of the
following persons named, and in this order, to wit: Mary B. Fisher,
Emory B. Poppleton, Parthenia P. Burk, Early F. Poppleton,
Houston H. Poppleton, Jada C. Linnell and my grand son George
B.P. Lake; and that the remaining share shall be invested
in improved or partially improved real estate by Houston H.
Poppleton (who is hereby appointed trustee for that purpose) for
his family, and said Samuel D. and his family shall in common
have the use and occupancy of said real estate in which
said share is so invested; and said real estate shall be
either occupied in common by said Samuel D. and his
family, or the proceeds thereof shall be applied directly
towards the support and maintainance in common
[corresponds to labeled page 176 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton decd. October 10th 1864
to Houston H. Poppleton and Early F. Poppleton the executors
named in the will, upon giving bonds in the sum of $2000
also have accordingly given such bond with William P. Reid
and Hiosea W. Chamberlain -- as their surities and
are appointed appraisers
of the said estate.
Copy and record of the will:-
In the name of the Benevolent Father of All:
I Samuel Poppleton of Delaware, Delaware county
Ohio, being of sound and disposing mind, memory and
understanding, do make, publish and declare this
to be my last will and testament in manner and
form following that is to say:-
First. It is my will and desire that all my just debts, funer
=al charges and expenses; and the costs and expenses
attending the execution of this my will shall be paid
by my executors hereinafter named out of my personal
property.
Second. I give and devise to my beloved wife in lieu of her dower
Five thousand dollars ($5000) to be made out of my personal
property after making provision for charges and expenses in
item first, if it can be done. If it cannot be made
out of my personal property as above, then the residue shall
be made up out of my real estate. I also give and
bequeath to her all house hold goods and furniture of which
I may die seized.
Third. I give and bequeath to my Grand Daughter Clara Poppleton
one hundred dollars. If she does not become of age
until after my decease it shall be paid when she so
becomes of age. If she becomes of age before my decease
then according to law.
Fourth. That after paying the above bequest and costs and expenses
it is my desire and will that the residue of my property and
estate, both real and personal shall be divided into eight
(8) equal shares; one of which shares shall go to each of the
following persons named, and in this order, to wit: Mary B. Fisher,
Emory B. Poppleton, Parthenia P. Burk, Early F. Poppleton,
Houston H. Poppleton, Jada C. Linnell and my grand son George
B.P. Lake; and that the remaining share shall be invested
in improved or partially improved real estate by Houston H.
Poppleton (who is hereby appointed trustee for that purpose) for
his family, and said Samuel D. and his family shall in common
have the use and occupancy of said real estate in which
said share is so invested; and said real estate shall be
either occupied in common by said Samuel D. and his
family, or the proceeds thereof shall be applied directly
towards the support and maintainance in common
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 209)
Description
[page 209]
[corresponds to labeled page 177 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton, October 10th 1864
of him and his family. And the said Trustee and his suc=
=cessor shall have the right, and they are hereby empowered
to see that the proceeds of said estate in which said share
is invested and applied to the support of said Samuel D.
and his family; and if the proceeds of said estate are
directed or attempted to be directed from the support of said
Samuel D. and his family, the said trustee or his successor
shall have the right to take possesion of said prop=
=erty and apply the rent and profits to their support, or put
his family in possesion and occupancy of said premises
as they may desire. And the said Samuel D. shall have
no interest property or right in or to said property or the pro=
=ceeds thereof, except it is used by him in connection
with his family. And within a reasonable time after
the death of said Samuel D. the said property shall be con=
=verted by said trustee or successors to the heirs at law of the
said Samuel D. Poppleton. If George E.P. Lake shall not
survive me or die before he arrives at maturity, without
leaving issue, then his share to be equally divided among
my children above named. It is my will that my children
above named take and that my property go to them as above
specified.
Fifth. I hereby appoint my wife Julia A. Poppleton trustee of this
will to receive the share of George E.P. Lake and hold the
same without bonds and without interest for his use, which
share shall be paid to him when he becomes of age
without interest.
Sixth. I hereby nominate and appoint Houston H. Poppleton and
Early F. Poppleton executors of this my last will and testament,
hereby authorizing and empowering them to compromise
and adjust, release and discharge in such manner as
they may deem proper the debts and claims due me; and
I do also authorize and empower then if it shall become
necessary to pay my debts and settle up my estate, to sell
by private sale or otherwise, and in such manner and upon
such terms as they may think proper, all or any of my real
estate and deeds to purchasers to execute, acknowledge and
deliver in fee simple;
Seventh. In case either of my said children or their heirs or any other
person or persons shall be dissatisfied with this my last will and
testament and shall attempt to break the same or attempt
to obtain any part of my estate not hereby clearly given them
and shall commence or attempt to commence a suit for
that purpose, he, she or they shall forfeit all right and interest
to any part of my estate whether conveyed to them by this instru
=ment or not, and their share or interest whatever it is, shall go
to my children above named who do not seek to change
(over)
[corresponds to labeled page 177 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton, October 10th 1864
of him and his family. And the said Trustee and his suc=
=cessor shall have the right, and they are hereby empowered
to see that the proceeds of said estate in which said share
is invested and applied to the support of said Samuel D.
and his family; and if the proceeds of said estate are
directed or attempted to be directed from the support of said
Samuel D. and his family, the said trustee or his successor
shall have the right to take possesion of said prop=
=erty and apply the rent and profits to their support, or put
his family in possesion and occupancy of said premises
as they may desire. And the said Samuel D. shall have
no interest property or right in or to said property or the pro=
=ceeds thereof, except it is used by him in connection
with his family. And within a reasonable time after
the death of said Samuel D. the said property shall be con=
=verted by said trustee or successors to the heirs at law of the
said Samuel D. Poppleton. If George E.P. Lake shall not
survive me or die before he arrives at maturity, without
leaving issue, then his share to be equally divided among
my children above named. It is my will that my children
above named take and that my property go to them as above
specified.
Fifth. I hereby appoint my wife Julia A. Poppleton trustee of this
will to receive the share of George E.P. Lake and hold the
same without bonds and without interest for his use, which
share shall be paid to him when he becomes of age
without interest.
Sixth. I hereby nominate and appoint Houston H. Poppleton and
Early F. Poppleton executors of this my last will and testament,
hereby authorizing and empowering them to compromise
and adjust, release and discharge in such manner as
they may deem proper the debts and claims due me; and
I do also authorize and empower then if it shall become
necessary to pay my debts and settle up my estate, to sell
by private sale or otherwise, and in such manner and upon
such terms as they may think proper, all or any of my real
estate and deeds to purchasers to execute, acknowledge and
deliver in fee simple;
Seventh. In case either of my said children or their heirs or any other
person or persons shall be dissatisfied with this my last will and
testament and shall attempt to break the same or attempt
to obtain any part of my estate not hereby clearly given them
and shall commence or attempt to commence a suit for
that purpose, he, she or they shall forfeit all right and interest
to any part of my estate whether conveyed to them by this instru
=ment or not, and their share or interest whatever it is, shall go
to my children above named who do not seek to change
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 210)
Description
[page 210]
[corresponds to labeled page 178 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton decd. October 10th 1864
the effect of this will or the direction given my property by it.
And I hereby revoke each will and all wills made by me
heretofore. In testimony whereof I have hereunto set my
hand and seal this 22d day of July A.D. 1862
(signed) Samuel Poppleton [Seal]
Signed and acknowledged by said Samuel Poppleton as his last will &
testament in our presence and signed by us as witnesses in his presence
the day and year above written. (Signed) Charles W. Johnston
J.W. Burrell
End of the will -
Record of the Commission and testimony -
The State of Ohio )
Delaware County Ss. )
To L. B. Smith Esqr. of Elyria.
The Probate Court in and for the said County of Delaware
placing special confidence in your integrity and abilities
hereby appoints and authorize you as commissioner to
take the testimony and deposition of Charles W. Johnston
and John D. Burrell two subscribing witnesses to the last will and
testament of Samuel Poppleton late of Delaware County
hereto annexed, for the purpose of proving the due execution
and attestation of the said will; and for that purpose to administer
to them the proper oath or afirmation, examine them thereto, and
take their deposition in writing, and then enclose the same
directed to this court, with your proceedings thereon duly certified
and for so doing this shall be your commission.
[S.S.] In testimony whereof I Thomas W. Powell Probate
[ Probate Court] Judges of the said County have hereunto set my hand
[of Delaware Co.] and affixed the seal of the said Probate Court at
[Ohio} Delaware, Ohio, this 30th day of September 1864.
T.W. Powell Probate Judge.
The return is as follows: -
The State of Ohio, Lorain County Ss.
We Charles W. Johnstown and John W. Burrell of Elyria, Ohio being duly
sworn before me L.B. Smith a Commissioner appointed by the
Probate Court of Delaware County, Ohio, this 5th day of October A.D.
1864 depose and certify that we were present at the execution of
the last will and testament of Samuel Poppleton hereunto annexed;
that we saw the said testator subscribe said will, and heard him publish
and declare the same to be his last will and testament; and that
the said testator at the time of executing the same was of full age,
and of sound mind and memory; and not under any restraint
and that we signed the same as witnesses at his request and in his
presence, and in the presence of each other.
(Signed) J.W. Burrell
G.W. Johnston.
I do hereby certify that the above named Charles D. Johnston
(over) -
[corresponds to labeled page 178 of Will Records Vol. 4 - 1859-1869]
Record of the will of Samuel Poppleton decd. October 10th 1864
the effect of this will or the direction given my property by it.
And I hereby revoke each will and all wills made by me
heretofore. In testimony whereof I have hereunto set my
hand and seal this 22d day of July A.D. 1862
(signed) Samuel Poppleton [Seal]
Signed and acknowledged by said Samuel Poppleton as his last will &
testament in our presence and signed by us as witnesses in his presence
the day and year above written. (Signed) Charles W. Johnston
J.W. Burrell
End of the will -
Record of the Commission and testimony -
The State of Ohio )
Delaware County Ss. )
To L. B. Smith Esqr. of Elyria.
The Probate Court in and for the said County of Delaware
placing special confidence in your integrity and abilities
hereby appoints and authorize you as commissioner to
take the testimony and deposition of Charles W. Johnston
and John D. Burrell two subscribing witnesses to the last will and
testament of Samuel Poppleton late of Delaware County
hereto annexed, for the purpose of proving the due execution
and attestation of the said will; and for that purpose to administer
to them the proper oath or afirmation, examine them thereto, and
take their deposition in writing, and then enclose the same
directed to this court, with your proceedings thereon duly certified
and for so doing this shall be your commission.
[S.S.] In testimony whereof I Thomas W. Powell Probate
[ Probate Court] Judges of the said County have hereunto set my hand
[of Delaware Co.] and affixed the seal of the said Probate Court at
[Ohio} Delaware, Ohio, this 30th day of September 1864.
T.W. Powell Probate Judge.
The return is as follows: -
The State of Ohio, Lorain County Ss.
We Charles W. Johnstown and John W. Burrell of Elyria, Ohio being duly
sworn before me L.B. Smith a Commissioner appointed by the
Probate Court of Delaware County, Ohio, this 5th day of October A.D.
1864 depose and certify that we were present at the execution of
the last will and testament of Samuel Poppleton hereunto annexed;
that we saw the said testator subscribe said will, and heard him publish
and declare the same to be his last will and testament; and that
the said testator at the time of executing the same was of full age,
and of sound mind and memory; and not under any restraint
and that we signed the same as witnesses at his request and in his
presence, and in the presence of each other.
(Signed) J.W. Burrell
G.W. Johnston.
I do hereby certify that the above named Charles D. Johnston
(over) -
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 211)
Description
[page 211]
[corresponds to labeled page 179 of Will Records Vol. 4 - 1859-1869]
179
Record of the Will of Samuel Poppleton Decd. October 10th 1864.
and John D. Burrell were by me first duly sworn, and that
the above definition by them subscribed was reduced to writing
by me, and respectively subscribed by them in my presence;
and were taken on the 5th day of October 1864, pursuant
to the Commission hereto annexed. In testimony whereof
I have hereunto set my hand this 5th day of October 1864.
(Signed) L.B. Smith Commissioner.
Fees 50 cents paid by B. F. Poppleton.
_________________ _ _ ___________________
Record of the Will of James Rose decd.
Proceedings had before Thomas W. Powell Judge
of the Probate Court in and for the County of Delaware
and State of Ohio in his office at the town of Delaware
on the second day of November A.D. 1864.
On the 3rd day of September 1864, Eldridge Rose presented
the last will and testament of his father James Rose late of
Berkshire Township in this County decd. for Probate and
record. And it appearing that John Janes and John Klapp
the two subscribing witnesses to the said will are decd.
Thereupon the court took the deposition of Mrs. Elizabeth
Rose the widow, who now declares, whom full consideration
and understanding of the matter, that she relinquished all
right and interest under the will, and chooses not to take
under the will, whose testimony is reduced to writing and
on file and thereupon the court continued the matter for
further testimony and consideration.
And afterwards, to wit, on this 2nd day of November A.D. 1864
the Court having heard the testimony of Henry Rust and John
R. Klapp, and having reduced the same to writing which
is on file and annexed to the said will; and it thereupon
appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory
and not under any restraint; thereupon the court whose
full consideration thereof orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said James Rose decd. and ordered to be
recorded as such.
Record of the Will.
"Berkshire Township, Delaware County, Ohio. 14th November 1850.
In the name of the Benevolent Father of all men.
I James Rose of Berkshire Tp. Delaware County and State of
Ohio, do make and publish this my last will and testament.
First. I give and bequeath to my beloved wife Elizabeth
Rose in lieu of dower the farm on which we now live,
(over)
[corresponds to labeled page 179 of Will Records Vol. 4 - 1859-1869]
179
Record of the Will of Samuel Poppleton Decd. October 10th 1864.
and John D. Burrell were by me first duly sworn, and that
the above definition by them subscribed was reduced to writing
by me, and respectively subscribed by them in my presence;
and were taken on the 5th day of October 1864, pursuant
to the Commission hereto annexed. In testimony whereof
I have hereunto set my hand this 5th day of October 1864.
(Signed) L.B. Smith Commissioner.
Fees 50 cents paid by B. F. Poppleton.
_________________ _ _ ___________________
Record of the Will of James Rose decd.
Proceedings had before Thomas W. Powell Judge
of the Probate Court in and for the County of Delaware
and State of Ohio in his office at the town of Delaware
on the second day of November A.D. 1864.
On the 3rd day of September 1864, Eldridge Rose presented
the last will and testament of his father James Rose late of
Berkshire Township in this County decd. for Probate and
record. And it appearing that John Janes and John Klapp
the two subscribing witnesses to the said will are decd.
Thereupon the court took the deposition of Mrs. Elizabeth
Rose the widow, who now declares, whom full consideration
and understanding of the matter, that she relinquished all
right and interest under the will, and chooses not to take
under the will, whose testimony is reduced to writing and
on file and thereupon the court continued the matter for
further testimony and consideration.
And afterwards, to wit, on this 2nd day of November A.D. 1864
the Court having heard the testimony of Henry Rust and John
R. Klapp, and having reduced the same to writing which
is on file and annexed to the said will; and it thereupon
appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory
and not under any restraint; thereupon the court whose
full consideration thereof orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said James Rose decd. and ordered to be
recorded as such.
Record of the Will.
"Berkshire Township, Delaware County, Ohio. 14th November 1850.
In the name of the Benevolent Father of all men.
I James Rose of Berkshire Tp. Delaware County and State of
Ohio, do make and publish this my last will and testament.
First. I give and bequeath to my beloved wife Elizabeth
Rose in lieu of dower the farm on which we now live,
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 212)
Description
[page 212]
[corresponds to labeled page 180 of Will Records Vol. 4 - 1859-1869]
180
Record of the Will of James Rose, October 10th 1864.
situate in Berkshire Township, Delaware County and
state of Ohio, containing about seventy acres of land
during her natural life, if she remains my
widow; at the death of my said wife or her intermarry,
then the said farm of land, I give and devise to my
only son James Eldridge Rose and his heirs. If
however my son should die before the decease of my
wife or her intermarriage leaving no children leav
=ing no children living, then I give and bequeath said
farm to my two daughters unmarried and living
at home, viz; Adaline Rose and Lucy Rose two
thirds of said farm of land, and the remaining third
to be equally divided between Roxy Eldrige and Jane
Janes.
Secondly. It is my will that my just debts and funeral
charges be paid out of my personal property.
Thirdly. It is my will that my personal property be sold
and after paying my debts and funeral charges the rem-
=ainder be equally divided between my two daughters
Adaline Rose and Lucy Rose.
Fourthly. I do hereby nominate and appoint Nathan
Dustin executor of this my last will and testament.
his
(signed) James x Rose [seal]
Signed and acknowledged by said mark
James Rose as his last will and testament
in our presence, and signed by us in his
presence.
(signed) John Janes. John Klapp. (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County, Ss.
Elizabeth Rose widow of James Rose late of Berkshire
Township decd. being fully sworn in open Court this 3rd day
of September A.D. 1864, depose and say that she was present at
the execution of the last will and testament of James Rose
her husband decd. hereto annexed; that she saw the said testa-
=tor subscribe said will, and heard him publish and declare
the same to be his last will and testament, and the 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 John Janes and John Klapp signed the same as
witnesses at this request and in his presence and in the presence
of each other. That said witnesses are now decd, and she this
deponant renounces all right and interest under the will
and elects not to take under the will.
(Signed) Elizabeth Rose.
Sworn to and subscribed before me this 3rd day of September,
A.D. 1864. T.W. Powell Probate Judge.
(over) --
[corresponds to labeled page 180 of Will Records Vol. 4 - 1859-1869]
180
Record of the Will of James Rose, October 10th 1864.
situate in Berkshire Township, Delaware County and
state of Ohio, containing about seventy acres of land
during her natural life, if she remains my
widow; at the death of my said wife or her intermarry,
then the said farm of land, I give and devise to my
only son James Eldridge Rose and his heirs. If
however my son should die before the decease of my
wife or her intermarriage leaving no children leav
=ing no children living, then I give and bequeath said
farm to my two daughters unmarried and living
at home, viz; Adaline Rose and Lucy Rose two
thirds of said farm of land, and the remaining third
to be equally divided between Roxy Eldrige and Jane
Janes.
Secondly. It is my will that my just debts and funeral
charges be paid out of my personal property.
Thirdly. It is my will that my personal property be sold
and after paying my debts and funeral charges the rem-
=ainder be equally divided between my two daughters
Adaline Rose and Lucy Rose.
Fourthly. I do hereby nominate and appoint Nathan
Dustin executor of this my last will and testament.
his
(signed) James x Rose [seal]
Signed and acknowledged by said mark
James Rose as his last will and testament
in our presence, and signed by us in his
presence.
(signed) John Janes. John Klapp. (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County, Ss.
Elizabeth Rose widow of James Rose late of Berkshire
Township decd. being fully sworn in open Court this 3rd day
of September A.D. 1864, depose and say that she was present at
the execution of the last will and testament of James Rose
her husband decd. hereto annexed; that she saw the said testa-
=tor subscribe said will, and heard him publish and declare
the same to be his last will and testament, and the 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 John Janes and John Klapp signed the same as
witnesses at this request and in his presence and in the presence
of each other. That said witnesses are now decd, and she this
deponant renounces all right and interest under the will
and elects not to take under the will.
(Signed) Elizabeth Rose.
Sworn to and subscribed before me this 3rd day of September,
A.D. 1864. T.W. Powell Probate Judge.
(over) --
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 213)
Description
[page 213]
[corresponds to labeled page 181 of Will Records Vol. 4 - 1859-1869]
181
Record of the Will of James Rose decd. October 10, 1864.
The State of Ohio )
Delaware County Ss. ) Henry Rust being sworn testifies
and says that he has examined the will of James Rose
hereto annexed and finds it is witnessed by John Janes
and John Klapp. He says he was well acquainted with
all these persons; at the time of the date of the will
he lived in the neighborhood in Berkshire Township
where the will was executed at the time of its date, 14th
November 1850. That he well recollects the facts that the
said witnesses were called together at said James Rose's
house, for the purpose of executing the said will. At
the time said Rose was in sound mind and memory and
capable of making his will or disposing of his property.
He further says he was well acquainted with the
hand writing of said John Janes who was his grandfather,
having frequently seen him write and after examination of
the signature to the will as witnesses believe it is his hand
writing. (signed) Henry Rust.
Subscribed & sworn to in open court this 1st day of November 1864
before me. T.W. Powell Pro. Judge
The State of Ohio
Delaware County Ss. ) John R. Klapp being duly sworn upon
his oath depose and say that at the time of the execution of the
will of James Rose hereto annexed, to wit; November 14th 1864,
the said James Rose, and the witnesses thereto to wit John James
and John Klapp were all residing in the same neighborhood;
that in the opinion of this deponent said James Rose was of suf-
-ficient mind and memory to make his will, manage his property
and understood what he was doing. Said John Klapp at the
request of said Rose has written a previous will for him, and when
it was read to Rose he said it did not suit him -- that it was
not in accordance to his intentions; therefore at the request
of said Rose and John Klapp wrote another will for him in ac-
cordance to his wishes, which is the will now in court. Deponent
is well acquainted with the hand writing of John Klapp. The will
is in his hand writing and the signature as witnesses is his.
(signed) John R. Klapp.
Subscribed & sworn to in open court before me this 14 day of
November 1864. T.W. Powell Probate Judge
(end.)
[corresponds to labeled page 181 of Will Records Vol. 4 - 1859-1869]
181
Record of the Will of James Rose decd. October 10, 1864.
The State of Ohio )
Delaware County Ss. ) Henry Rust being sworn testifies
and says that he has examined the will of James Rose
hereto annexed and finds it is witnessed by John Janes
and John Klapp. He says he was well acquainted with
all these persons; at the time of the date of the will
he lived in the neighborhood in Berkshire Township
where the will was executed at the time of its date, 14th
November 1850. That he well recollects the facts that the
said witnesses were called together at said James Rose's
house, for the purpose of executing the said will. At
the time said Rose was in sound mind and memory and
capable of making his will or disposing of his property.
He further says he was well acquainted with the
hand writing of said John Janes who was his grandfather,
having frequently seen him write and after examination of
the signature to the will as witnesses believe it is his hand
writing. (signed) Henry Rust.
Subscribed & sworn to in open court this 1st day of November 1864
before me. T.W. Powell Pro. Judge
The State of Ohio
Delaware County Ss. ) John R. Klapp being duly sworn upon
his oath depose and say that at the time of the execution of the
will of James Rose hereto annexed, to wit; November 14th 1864,
the said James Rose, and the witnesses thereto to wit John James
and John Klapp were all residing in the same neighborhood;
that in the opinion of this deponent said James Rose was of suf-
-ficient mind and memory to make his will, manage his property
and understood what he was doing. Said John Klapp at the
request of said Rose has written a previous will for him, and when
it was read to Rose he said it did not suit him -- that it was
not in accordance to his intentions; therefore at the request
of said Rose and John Klapp wrote another will for him in ac-
cordance to his wishes, which is the will now in court. Deponent
is well acquainted with the hand writing of John Klapp. The will
is in his hand writing and the signature as witnesses is his.
(signed) John R. Klapp.
Subscribed & sworn to in open court before me this 14 day of
November 1864. T.W. Powell Probate Judge
(end.)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 214)
Description
[page 214]
[corresponds to labeled page 182 of Will Records Vol. 4 - 1859-1869]
182
Last Will of Benjamin F. Wilcox Deceased
Proceedings had before T. W. Powell Judge of the Probate
Court in and for the county of Delaware and State of
Ohio, at his office in the town of Delaware on the 30th day
of November A. D. 1864.
Last Will of Benjamina F. Wilcox decd. of Licking County.
This day Gibson Atherton Esq. presented the authenticated
copy of the last will and testament of Benjamin F. Wilcox
late of Licking in the State of Ohio, decd. and order of
the probate thereof as admitted to record in the Court of
Probate in and for the said County of Licking as duly
proved and admitted to record and requested the same to be
admitted in this Court and County
and upon consideration thereof the same is admitted and
ordered to be recorded.
Friday September 9th 1964
In the matter of Benjamin F. Wilcox's Will.
The last will and testament of
Benjamin F. Wilcox late of this County deceased was this
day produced in Court and presented for probate and it
appearing to the satisfaction of the Court that E. O. Dunning,
Alfred Finney and Joseph Chaddock, the subscribing witnesses
are now in the service of the United States and stationed
at or near the City of Cumberland in the County of Alleghany
and state of Maryland. It is ordered that a commission
issue with the will annexed to take the depositions of the said
E. O. Dunning, Alfred Finney and Joseph Chaddock touching
the due execution of said will, to be directed to Joseph M.
Strong a Justice of the Peace in and for the county of
Alleghany and State of Maryland.
W. K. Shircliff Pro. Judge
Wednesday November 9th 1864.
In the matter of Benjamin F. Wilcox's will
The commission heretofore issued to Joseph
M. Strong to take the testimony of E. O. Dunning Alfred
Finney and Joseph Chaddock the subscribing witnesses to
the last will and testament of Benjamin F. Wilcox decd
was this day returned into court with said will and the
witnesses and the certificate of said commissioner attached
which testimony is reduced to writing and subscribed by
testimony of said witnesses that said will was duly
executed and attested, and that the said testator at the
time of executing the same was of full age, of sound
mind and memory and not under any restraint.
[corresponds to labeled page 182 of Will Records Vol. 4 - 1859-1869]
182
Last Will of Benjamin F. Wilcox Deceased
Proceedings had before T. W. Powell Judge of the Probate
Court in and for the county of Delaware and State of
Ohio, at his office in the town of Delaware on the 30th day
of November A. D. 1864.
Last Will of Benjamina F. Wilcox decd. of Licking County.
This day Gibson Atherton Esq. presented the authenticated
copy of the last will and testament of Benjamin F. Wilcox
late of Licking in the State of Ohio, decd. and order of
the probate thereof as admitted to record in the Court of
Probate in and for the said County of Licking as duly
proved and admitted to record and requested the same to be
admitted in this Court and County
and upon consideration thereof the same is admitted and
ordered to be recorded.
Friday September 9th 1964
In the matter of Benjamin F. Wilcox's Will.
The last will and testament of
Benjamin F. Wilcox late of this County deceased was this
day produced in Court and presented for probate and it
appearing to the satisfaction of the Court that E. O. Dunning,
Alfred Finney and Joseph Chaddock, the subscribing witnesses
are now in the service of the United States and stationed
at or near the City of Cumberland in the County of Alleghany
and state of Maryland. It is ordered that a commission
issue with the will annexed to take the depositions of the said
E. O. Dunning, Alfred Finney and Joseph Chaddock touching
the due execution of said will, to be directed to Joseph M.
Strong a Justice of the Peace in and for the county of
Alleghany and State of Maryland.
W. K. Shircliff Pro. Judge
Wednesday November 9th 1864.
In the matter of Benjamin F. Wilcox's will
The commission heretofore issued to Joseph
M. Strong to take the testimony of E. O. Dunning Alfred
Finney and Joseph Chaddock the subscribing witnesses to
the last will and testament of Benjamin F. Wilcox decd
was this day returned into court with said will and the
witnesses and the certificate of said commissioner attached
which testimony is reduced to writing and subscribed by
testimony of said witnesses that said will was duly
executed and attested, and that the said testator at the
time of executing the same was of full age, of sound
mind and memory and not under any restraint.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 215)
Description
[page 215]
[corresponds to labeled page 183 of Will Records Vol. 4 - 1859-1869]
183.
Last Will of Benjamin F. Wilcox Deceased
It is ordered that said will, testimony and commission
and certificate of said commission be recorded.
(Two Dollar revenue stamp)
W. H. Shircliff Pro. Judge
The will to wit:
U. S. General Hospital, Clayville Md. July 19th 1964
In the name of God. Amen
I, Benamin F. Wilcox a member of
the 135th Regiment Ohio National Guards and a native of
Licking County in the State of Ohio, being and knowing my-
self to be at the point of death, by reason of a wound received
in full possession of all my mental faculties do hereby make
and declare this my last will and testament.
1st I do hereby commend my soul to the mercy of my God.
2nd I do hereby give and bequeath all my land situate in
Delaware County in the State of Ohio, consisting of one hundred
and ten acres more or less; and all other property wherever
found, whether personal or real estate to my brother William
H. H. Wilcox a native of Licking County in the State of Ohio.
In witness whereof I do hereto set my hand and seal
on this day and in presence of three witnesses.
Benjamin F. Wilcox (seal)
E. O. Dunning
Alfred Finney witnesses
Joseph Chaddock
The Commission to wit,
The State of Ohio, Licking County, Ss.
To Joseph M. Strong Esq. of the City of Cumberland County
of Alleghany and State of Maryland.
Know you that in confidence
of your prudence and fidelity, I have appointed you and by
these presents do give you full power and authority to examine
and take the depositions of E. O. Dunning Alfred Finney
and Joseph Chaddock, the subscribing witnesses to the last
will and testament of Benjamin F. Wilcox late of Licking
County Ohio deceased, said last will being hereunto annexed
and for that purpose request and direct you that at a proper
time and at a certain place and day to be appointed by you
you cause the said E. O. Dunning, Alfred Finney and
Joseph Chaddock to be brought before you and then and there
examine them on their corporal oath or affirmations first
taken before you, touching the due execution of said will of
the said Benjamin F. Wilcox, and that you reduce such
examination to writing and return the same together with the
[corresponds to labeled page 183 of Will Records Vol. 4 - 1859-1869]
183.
Last Will of Benjamin F. Wilcox Deceased
It is ordered that said will, testimony and commission
and certificate of said commission be recorded.
(Two Dollar revenue stamp)
W. H. Shircliff Pro. Judge
The will to wit:
U. S. General Hospital, Clayville Md. July 19th 1964
In the name of God. Amen
I, Benamin F. Wilcox a member of
the 135th Regiment Ohio National Guards and a native of
Licking County in the State of Ohio, being and knowing my-
self to be at the point of death, by reason of a wound received
in full possession of all my mental faculties do hereby make
and declare this my last will and testament.
1st I do hereby commend my soul to the mercy of my God.
2nd I do hereby give and bequeath all my land situate in
Delaware County in the State of Ohio, consisting of one hundred
and ten acres more or less; and all other property wherever
found, whether personal or real estate to my brother William
H. H. Wilcox a native of Licking County in the State of Ohio.
In witness whereof I do hereto set my hand and seal
on this day and in presence of three witnesses.
Benjamin F. Wilcox (seal)
E. O. Dunning
Alfred Finney witnesses
Joseph Chaddock
The Commission to wit,
The State of Ohio, Licking County, Ss.
To Joseph M. Strong Esq. of the City of Cumberland County
of Alleghany and State of Maryland.
Know you that in confidence
of your prudence and fidelity, I have appointed you and by
these presents do give you full power and authority to examine
and take the depositions of E. O. Dunning Alfred Finney
and Joseph Chaddock, the subscribing witnesses to the last
will and testament of Benjamin F. Wilcox late of Licking
County Ohio deceased, said last will being hereunto annexed
and for that purpose request and direct you that at a proper
time and at a certain place and day to be appointed by you
you cause the said E. O. Dunning, Alfred Finney and
Joseph Chaddock to be brought before you and then and there
examine them on their corporal oath or affirmations first
taken before you, touching the due execution of said will of
the said Benjamin F. Wilcox, and that you reduce such
examination to writing and return the same together with the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 216)
Description
[page 216]
[corresponds to labeled page 184 of Will Records Vol. 4 - 1859-1869]
184
Last Will of Benjamin F. Wilcox Deceased
commission and the said will of the said Benjamin F.
Wilcox, thereto attached, closed up under your seal, into said
court with all convenient speed.
(seal) Witness my signature and the seal of the
Probate Court at Newark this 12th day of
September A. D. 1864.
W. H. Shircliff Judge
The Testimony to wit:
The State of Maryland, County of Alleghany,
Deposition of witnesses taken in the matter of the last will and
testament of Benjamin F. Wilcox decd. pending in the Probate
Court of Licking County and State of Ohio.
Edward O. Dunning of the County of Allegany and State
of Maryland of lawful age, being by me first duly sworn as
hereinafter certified deposes and says that on the 19th day of July
A. D. 1864 he was called on to witness the will of Benjamin
F. Wilcox, late of Licking County, Ohio, decd. whose name is
signed at the end of the paper writing hereto attached purpor-
ting to be the last will and testament of Benjamin F. Wilcox
and here to affiant shown and by him examined, and this
affiant says that he saw said testator sign said will at the
end thereof and heard him declare the same to be his last will
and testament that said testator at the time of executing
said last will and testament was of full age, of sound mind
and memory and not under any restraint and that affiant
attested and subscribed the said last will and testament as
a witness thereto in the presence of said testator and at his
request.
E. O. Dunning
Also came Joseph Chaddock of the County of Marshall and
State of West Virginia of lawful age, who being in the like manner
first duly sworn, deposes and says that on the 19th day of
July A. D. 1864 he was called to witness the will of Benjamin
F. Wilcox, late of Licking County, Ohio deceased, whose name is
signed to the end of the paper writing hereto attached purpor-
ting to be the last will and testmanet of Benjamin F. Wilcox
late of Licking County Ohio deceased and hereto affiant
shown and by him examined and this affiant says that he
saw said testator sign said will at the end thereof and
heard him declare the same to be his last will and testament
and that at the time of executing the same said testator was
of full age of sound mind and memory and not under any
restraint, and that the affiant attested and subscribed the
same as a witness in the presence of said testator and at
his request. Joseph Chaddock
[corresponds to labeled page 184 of Will Records Vol. 4 - 1859-1869]
184
Last Will of Benjamin F. Wilcox Deceased
commission and the said will of the said Benjamin F.
Wilcox, thereto attached, closed up under your seal, into said
court with all convenient speed.
(seal) Witness my signature and the seal of the
Probate Court at Newark this 12th day of
September A. D. 1864.
W. H. Shircliff Judge
The Testimony to wit:
The State of Maryland, County of Alleghany,
Deposition of witnesses taken in the matter of the last will and
testament of Benjamin F. Wilcox decd. pending in the Probate
Court of Licking County and State of Ohio.
Edward O. Dunning of the County of Allegany and State
of Maryland of lawful age, being by me first duly sworn as
hereinafter certified deposes and says that on the 19th day of July
A. D. 1864 he was called on to witness the will of Benjamin
F. Wilcox, late of Licking County, Ohio, decd. whose name is
signed at the end of the paper writing hereto attached purpor-
ting to be the last will and testament of Benjamin F. Wilcox
and here to affiant shown and by him examined, and this
affiant says that he saw said testator sign said will at the
end thereof and heard him declare the same to be his last will
and testament that said testator at the time of executing
said last will and testament was of full age, of sound mind
and memory and not under any restraint and that affiant
attested and subscribed the said last will and testament as
a witness thereto in the presence of said testator and at his
request.
E. O. Dunning
Also came Joseph Chaddock of the County of Marshall and
State of West Virginia of lawful age, who being in the like manner
first duly sworn, deposes and says that on the 19th day of
July A. D. 1864 he was called to witness the will of Benjamin
F. Wilcox, late of Licking County, Ohio deceased, whose name is
signed to the end of the paper writing hereto attached purpor-
ting to be the last will and testmanet of Benjamin F. Wilcox
late of Licking County Ohio deceased and hereto affiant
shown and by him examined and this affiant says that he
saw said testator sign said will at the end thereof and
heard him declare the same to be his last will and testament
and that at the time of executing the same said testator was
of full age of sound mind and memory and not under any
restraint, and that the affiant attested and subscribed the
same as a witness in the presence of said testator and at
his request. Joseph Chaddock
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 217)
Description
[page 217]
[corresponds to labeled page 185 of Will Records Vol. 4 - 1859-1869]
185
Last Will of Benjamin F. Wilcox Deceased
I Joseph M. Strong a commissioner duly appointed by the
Probate Court of Licking County, Ohio, do hereby certify that
the above named Edward O. Dunning and Joseph Chaddock
were by me first duly sworn to testify the truth, the whole truth
and nothing but the truth, that the foregoing depositions
by them respectively subscribed were reduced to writing by
me, and by said witnesses subscribed in my presence and
was taken at my office in the City of Cumberland County
of Allegany and State of Maryland on the 19th day of
October A. D. 1864 between the hours of three and four
o'clock P.M. of the said day by virtue of the Commission
out of the Probate Court of Licking County, Ohio, hereto
attached. In testimony whereof I have hereunto set my
hand and seal this 19th day of October
A. D. 1864.
(seal) J. M. Strong Commmissioner
The State of Ohio, Licking County, Ss.
I William H. Shircliff Judge of the Court of Probate
within and for said county do hereby certify that the foregoing
is a true copy of the last will and testament of Benjamin
F. Wilcox, late of said county decd. and the order of the
court admitting the same to probate together with the
testimony of the witnesses of the commission and the certificate
of said commissioner truly taken and copied from the
records of said court as the same appears of record
there. In testimony whereof I have hereunto subscribed
my name and affixed the seal of said court
(seal) at Newark in said county this 16th day of
November A. D. 1864
W. H. Shircliff Judge
The State of Ohio, Delaware County, Ss.
I, Thomas W. Powell Judge of the Court of Probate
in and for said county do hereby certify that the above and
foregoing will of Benjamin F. Wilcox and testimony in relation
thereto was admitted to record on this 30th day of November
A. D. 1864
(seal) In testimony whereof witness my hand and
seal of office on this 30th day of November 1864
T. W. Powell
[corresponds to labeled page 185 of Will Records Vol. 4 - 1859-1869]
185
Last Will of Benjamin F. Wilcox Deceased
I Joseph M. Strong a commissioner duly appointed by the
Probate Court of Licking County, Ohio, do hereby certify that
the above named Edward O. Dunning and Joseph Chaddock
were by me first duly sworn to testify the truth, the whole truth
and nothing but the truth, that the foregoing depositions
by them respectively subscribed were reduced to writing by
me, and by said witnesses subscribed in my presence and
was taken at my office in the City of Cumberland County
of Allegany and State of Maryland on the 19th day of
October A. D. 1864 between the hours of three and four
o'clock P.M. of the said day by virtue of the Commission
out of the Probate Court of Licking County, Ohio, hereto
attached. In testimony whereof I have hereunto set my
hand and seal this 19th day of October
A. D. 1864.
(seal) J. M. Strong Commmissioner
The State of Ohio, Licking County, Ss.
I William H. Shircliff Judge of the Court of Probate
within and for said county do hereby certify that the foregoing
is a true copy of the last will and testament of Benjamin
F. Wilcox, late of said county decd. and the order of the
court admitting the same to probate together with the
testimony of the witnesses of the commission and the certificate
of said commissioner truly taken and copied from the
records of said court as the same appears of record
there. In testimony whereof I have hereunto subscribed
my name and affixed the seal of said court
(seal) at Newark in said county this 16th day of
November A. D. 1864
W. H. Shircliff Judge
The State of Ohio, Delaware County, Ss.
I, Thomas W. Powell Judge of the Court of Probate
in and for said county do hereby certify that the above and
foregoing will of Benjamin F. Wilcox and testimony in relation
thereto was admitted to record on this 30th day of November
A. D. 1864
(seal) In testimony whereof witness my hand and
seal of office on this 30th day of November 1864
T. W. Powell
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 218)
Description
[page 218]
[corresponds to labeled page 186 of Will Records Vol. 4 - 1859-1869]
186
Record of the will of John Mathias decd, December 14th, 1864
Proceedings held before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the 14th
day of December A.D. 1864.
This day the last will and testament of John Mathias
late of Delaware in this county decd. was presented to the
court for probate and record. Thereupon James Easton
Abraham Blymer and Willowby Miller witnessed to the
said will came into court, and were duly sworn and
examined, and their testimony reduced to writing, and now
annexed to the will and filed therewith and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same, was
of full age, and of sound mind and memory and not under
and restraint: Therefore the court upon consideration
orders that the said will be admitted to probate as duly
proved as the last will and testament of the said John
Mathias decd. and to be recorded as such.
Record of the will.
I, John Mathias of Delaware County, State of Ohio, being
of sound and disposing mind, memory & understanding do
make and declare this to be my last and testament, hereby
revoking all former last wills and testaments or writing in the
nature of last will and testament by me heretofore made.
1st My will is that my funeral expenses and all just debts
be paid by my executrix hereinafter named.
2nd I give and bequeath to my beloved wife Ann H. Math-
ias all the balance of my estate that may not be required
to pay my funeral expenses, just debts & the administration
of this my last will and testament, both real, personal and
mixed to her own use and benefit, and to raise and support
our children, so long she the said Ann K. shall be as
remain my widow; and,
3rd I give and bequeath all my estates at the marriage of
my said beloved wife or at her death provided she should
die my widow, to my sons Lewis Mathias, Charles Mathias,
George Mathias, William Mathias, and my daughters Margaret
Mathias, Maria Mathias, & Rebecca Mathias to be equally
divided between them, giving to each one equal or
seventh part of all my said estate real, personal or
mixed to their own use and benefit forever.
I do hereby nominate and appoint my beloved wife
Ann K. Mathias the sole executrix of this my last
will and testament.
In witness whereof I have hereunto set my name and
affixed my seal this twenty first day of November in the year
of our Lord eighteen hundred sixty four.
his
(signed) John X Mathias (seal)
mark
[corresponds to labeled page 186 of Will Records Vol. 4 - 1859-1869]
186
Record of the will of John Mathias decd, December 14th, 1864
Proceedings held before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State
of Ohio, at his office in the town of Delaware on the 14th
day of December A.D. 1864.
This day the last will and testament of John Mathias
late of Delaware in this county decd. was presented to the
court for probate and record. Thereupon James Easton
Abraham Blymer and Willowby Miller witnessed to the
said will came into court, and were duly sworn and
examined, and their testimony reduced to writing, and now
annexed to the will and filed therewith and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same, was
of full age, and of sound mind and memory and not under
and restraint: Therefore the court upon consideration
orders that the said will be admitted to probate as duly
proved as the last will and testament of the said John
Mathias decd. and to be recorded as such.
Record of the will.
I, John Mathias of Delaware County, State of Ohio, being
of sound and disposing mind, memory & understanding do
make and declare this to be my last and testament, hereby
revoking all former last wills and testaments or writing in the
nature of last will and testament by me heretofore made.
1st My will is that my funeral expenses and all just debts
be paid by my executrix hereinafter named.
2nd I give and bequeath to my beloved wife Ann H. Math-
ias all the balance of my estate that may not be required
to pay my funeral expenses, just debts & the administration
of this my last will and testament, both real, personal and
mixed to her own use and benefit, and to raise and support
our children, so long she the said Ann K. shall be as
remain my widow; and,
3rd I give and bequeath all my estates at the marriage of
my said beloved wife or at her death provided she should
die my widow, to my sons Lewis Mathias, Charles Mathias,
George Mathias, William Mathias, and my daughters Margaret
Mathias, Maria Mathias, & Rebecca Mathias to be equally
divided between them, giving to each one equal or
seventh part of all my said estate real, personal or
mixed to their own use and benefit forever.
I do hereby nominate and appoint my beloved wife
Ann K. Mathias the sole executrix of this my last
will and testament.
In witness whereof I have hereunto set my name and
affixed my seal this twenty first day of November in the year
of our Lord eighteen hundred sixty four.
his
(signed) John X Mathias (seal)
mark
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 219)
Description
[page 219]
[corresponds to labeled page 187 of Will Records Vol. 4 - 1859-1869]
187
Record of the will of John Mathias decd. December 14th, 1864
(John Mathias will continued.)
Signed, sealed and declared by said John Mathias
to be his last will and testament, who at his
request and in his presence have hereunto
subscribed our names as witnesses and in
the presence of each other.
James Eaton.
(signed) Ab. Blymyer.
W. Miller (end of the will).
Record of the testimony, to wit
The State of Ohio, Delaware County ss.
We James Baton, Abraham Blymyer and Willowby
Miller, being duly sworn in open court this 14th day
of December A.D. 1864, depose and say, that we were
present at the execution of the last will and testament of
John Mathias 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.
James Eaton.
(signed) Ab. Blymyer
Willowby Miller.
Sworn to and subscribed before me this 14th day of
December A.D. 1864.
T. W. Powell Probate Judge
Record of the will of Thomas Hadley
Proceedings held before Thomas W. Powell
Judge of the Probate Court in and for the County of Delaware
and State of Ohio, at his office in the town of Delaware
on the 9th day of March A.D. 1865
On the 6th day of March A.D. 1865 Lewis Headley produced
in court the last will and testament of Thomas Headley late
of Radnor decd. for the probate and record; and then came
into court John M. Pugh and Daniel Matheney two of the
witnesses to the said will, and were duly sworn and examined
and their testimoney reduced to writing, and now annexed
to the will and filed therewith; and now on this day and
upon further consideration and showing, and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not
under any restraint, therefore the court whom consider=
ation thereof, orders that the said will and testament be
admitted to probate as duly proved and the last will
[corresponds to labeled page 187 of Will Records Vol. 4 - 1859-1869]
187
Record of the will of John Mathias decd. December 14th, 1864
(John Mathias will continued.)
Signed, sealed and declared by said John Mathias
to be his last will and testament, who at his
request and in his presence have hereunto
subscribed our names as witnesses and in
the presence of each other.
James Eaton.
(signed) Ab. Blymyer.
W. Miller (end of the will).
Record of the testimony, to wit
The State of Ohio, Delaware County ss.
We James Baton, Abraham Blymyer and Willowby
Miller, being duly sworn in open court this 14th day
of December A.D. 1864, depose and say, that we were
present at the execution of the last will and testament of
John Mathias 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.
James Eaton.
(signed) Ab. Blymyer
Willowby Miller.
Sworn to and subscribed before me this 14th day of
December A.D. 1864.
T. W. Powell Probate Judge
Record of the will of Thomas Hadley
Proceedings held before Thomas W. Powell
Judge of the Probate Court in and for the County of Delaware
and State of Ohio, at his office in the town of Delaware
on the 9th day of March A.D. 1865
On the 6th day of March A.D. 1865 Lewis Headley produced
in court the last will and testament of Thomas Headley late
of Radnor decd. for the probate and record; and then came
into court John M. Pugh and Daniel Matheney two of the
witnesses to the said will, and were duly sworn and examined
and their testimoney reduced to writing, and now annexed
to the will and filed therewith; and now on this day and
upon further consideration and showing, and it appearing
to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not
under any restraint, therefore the court whom consider=
ation thereof, orders that the said will and testament be
admitted to probate as duly proved and the last will
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 220)
Description
[page 220]
[corresponds to labeled page 188 of Will Records Vol. 4 - 1859-1869]
188
Last will of Thomas Hadley decd. March 9th 1865.
and testament of the said Thomas Hadley decd. and ordered
to be recorded as such, to wit: _____
Copy of the will as recorded.
"In the name of the Benevolent Father of All; I Thomas
Hadley of Radnor Township, Delaware County, Ohio, do make
and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife in lieu of
dower, all my property both real and personal during
her natural life, she however selling or disposing
so much of my personal property as will be sufficient
to pay of all my indebtedness.
Item 2nd. I give and bequeath to my sister, June Evans
the sum of fifteen hundred dollars to be paid her at
the death of my wife.
Item 3rd. I give and bequeath to my brother Richard
Hadley (now a resident of Wales) the sum of fifteen hundred
dollars to be paid him at the death of my wife.
Item 4th. I give and bequeath to my niece Elizabeth
Hadley (daughter of my brother Richard) the sum of
five hundred dollars to be paid same as above.
Item 5th. I give and bequeath to my brother Lewis
Hadley of Radnor Tp. Delaware Co. O.) the sum of
fifteen hundred dollars to be paid same as above.
Item 6th. I give and bequeath to my niece Hannah
Hadley (my brother Lewis Hadley's daughter) my home
place situated in Radnor Township, Delaware Co.
Ohio, and containing about sixteen acres of land.
Item 7th. I give and bequeath to my nephew Thomas
Hadley (son of brother Lewis) one hundred and thirteen
acres of land in Radnor Township, Delaware Co. Ohio,
to be taken from off the south side of a tract of
three hundred and forty eight acres of land, being the same
tract which I purchased of Smyth and Sprague of Newark, Ohio
of Daniel Thomas) one hundred and thirteen acres of
Land situated in Radnor Township Delaware County, Ohio,
and adjoining Thomas Hadley's tract on the north and being
a part of the same tract purchases of Smyth and Sprague
before mentioned.
Item 9th. I give and bequeath to Adelaide Briggs (who now
lives with me) the balance of the tract I purchased of
Smyth and Sprague, supposed to contain about one hundred
and twelve and one half acres of land, situated in Radnor
Tp. Delaware Co. Ohio.
I desire that no appraisement and no sale of my
personal property be made (except as mentioned in Item 1st)
and that the court of Probate Direct the Omipions of the
same in pursuance of the statutes.
[corresponds to labeled page 188 of Will Records Vol. 4 - 1859-1869]
188
Last will of Thomas Hadley decd. March 9th 1865.
and testament of the said Thomas Hadley decd. and ordered
to be recorded as such, to wit: _____
Copy of the will as recorded.
"In the name of the Benevolent Father of All; I Thomas
Hadley of Radnor Township, Delaware County, Ohio, do make
and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife in lieu of
dower, all my property both real and personal during
her natural life, she however selling or disposing
so much of my personal property as will be sufficient
to pay of all my indebtedness.
Item 2nd. I give and bequeath to my sister, June Evans
the sum of fifteen hundred dollars to be paid her at
the death of my wife.
Item 3rd. I give and bequeath to my brother Richard
Hadley (now a resident of Wales) the sum of fifteen hundred
dollars to be paid him at the death of my wife.
Item 4th. I give and bequeath to my niece Elizabeth
Hadley (daughter of my brother Richard) the sum of
five hundred dollars to be paid same as above.
Item 5th. I give and bequeath to my brother Lewis
Hadley of Radnor Tp. Delaware Co. O.) the sum of
fifteen hundred dollars to be paid same as above.
Item 6th. I give and bequeath to my niece Hannah
Hadley (my brother Lewis Hadley's daughter) my home
place situated in Radnor Township, Delaware Co.
Ohio, and containing about sixteen acres of land.
Item 7th. I give and bequeath to my nephew Thomas
Hadley (son of brother Lewis) one hundred and thirteen
acres of land in Radnor Township, Delaware Co. Ohio,
to be taken from off the south side of a tract of
three hundred and forty eight acres of land, being the same
tract which I purchased of Smyth and Sprague of Newark, Ohio
of Daniel Thomas) one hundred and thirteen acres of
Land situated in Radnor Township Delaware County, Ohio,
and adjoining Thomas Hadley's tract on the north and being
a part of the same tract purchases of Smyth and Sprague
before mentioned.
Item 9th. I give and bequeath to Adelaide Briggs (who now
lives with me) the balance of the tract I purchased of
Smyth and Sprague, supposed to contain about one hundred
and twelve and one half acres of land, situated in Radnor
Tp. Delaware Co. Ohio.
I desire that no appraisement and no sale of my
personal property be made (except as mentioned in Item 1st)
and that the court of Probate Direct the Omipions of the
same in pursuance of the statutes.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 221)
Description
[page 221]
[corresponds to labeled page 189 of Will Records Vol. 4 - 1859-1869]
189
The Will of Thomas Hadley continued. March 9th 1865.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand
and seal, this 11th day of December in the year 1857.
Signed and acknowledged by said (signed) Thomas Hadley (seal)
Thomas Hadley as his last will
and testament, in our presence;
and signed by us in his presence
(signed) Daniel Matheny
John M. Pugh. (said of the will)
The following is a copy of the deposition to wit: _____
The State of Ohio, Delaware County ss.
We John M. Pugh and Daniel Matheny being duly sworn
in open court this 6th day of January A.D. 1865, depose
and say, that we were present at the execution of the last
will and testament of Thomas Hadley hereto annexed; that
we saw the said testator subscribe his 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.
(signed) John M. Pugh
Daniel Matheny.
Sworn to and subscribed before me this 6th day of January A.D. 1865.
T. W. Powell Probate Judge
Record of the last will and testament of Harry James Decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio at his office in the town of Delaware, on
the 20th day of March A. D. 1865.
On the 20th day of March A.D. 1865 the last will and
testament of Harry James late of Berlin Township in this
county decd. was presented in court by Daniel B. James for
probate and record; thereupon James Eaton, Philo A.
Borrows and James Ferson Jun. witnesses to the said will
came into court and were duly sworn and examined,
and their testimony reduced to writing and now annexed
to the will and filed therewith: and it appearing to the court
that the said will was duly executed and attested, and that the
testator at the time of executing the same was of full
age, and of sound mind and memory and not under:
thereupon the court upon consideration thereof, orders
that the said will be admitted to probate and duly proved
as the last will and testament of the said Harry James decd.
and ordered to be recorded as such.
[corresponds to labeled page 189 of Will Records Vol. 4 - 1859-1869]
189
The Will of Thomas Hadley continued. March 9th 1865.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand
and seal, this 11th day of December in the year 1857.
Signed and acknowledged by said (signed) Thomas Hadley (seal)
Thomas Hadley as his last will
and testament, in our presence;
and signed by us in his presence
(signed) Daniel Matheny
John M. Pugh. (said of the will)
The following is a copy of the deposition to wit: _____
The State of Ohio, Delaware County ss.
We John M. Pugh and Daniel Matheny being duly sworn
in open court this 6th day of January A.D. 1865, depose
and say, that we were present at the execution of the last
will and testament of Thomas Hadley hereto annexed; that
we saw the said testator subscribe his 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.
(signed) John M. Pugh
Daniel Matheny.
Sworn to and subscribed before me this 6th day of January A.D. 1865.
T. W. Powell Probate Judge
Record of the last will and testament of Harry James Decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio at his office in the town of Delaware, on
the 20th day of March A. D. 1865.
On the 20th day of March A.D. 1865 the last will and
testament of Harry James late of Berlin Township in this
county decd. was presented in court by Daniel B. James for
probate and record; thereupon James Eaton, Philo A.
Borrows and James Ferson Jun. witnesses to the said will
came into court and were duly sworn and examined,
and their testimony reduced to writing and now annexed
to the will and filed therewith: and it appearing to the court
that the said will was duly executed and attested, and that the
testator at the time of executing the same was of full
age, and of sound mind and memory and not under:
thereupon the court upon consideration thereof, orders
that the said will be admitted to probate and duly proved
as the last will and testament of the said Harry James decd.
and ordered to be recorded as such.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 222)
Description
[page 222]
[corresponds to labeled page 190 of Will Records Vol. 4 - 1859-1869]
190
Record of the Will of Harry James decd. March 20, 1865
Thereupon letters testamentary were granted and issued to
Daniel B. James, the executor named in the will, without
bond or order of appraisement in pursurance of the request
of the will, and court deeming the same to be
right and proper.
The following is a copy and record of the will.
"I Harry James of Berlin Township, Delaware County, state
of Ohio; being of sound & disposing mind, memory and understanding
do make and declare this to be my last will and testament,
hereby making null and void all former last wills and testa-
ments or writings in the nature of last will and testament by
me heretofore made.
1st My will is first, that my funeral expenses and all just debts
I owe or may owe at the time of my decease be paid by my
executor hereinafter named.
2nd I give and bequeath to my son Daniel B. James the farm
on which I live containing two hundereed and seven acres of
land, being the north east part of lot numbered one in Section
four, Township four, Range eighteen of the United States
Military Survey. To have and to hold to him his heirs or assigns
also the farming utensils on said farm including the mow
=er and reaper & sowing machine to his own use and
disposel.
3rd I give and bequeath to my daughter Mary E. Steward wife
of Wesley C. Steward the farm of one hundred aces of land
in the S.E. corner of lot numbered two in the above named
section four known as the Hall or Benton farm; also
that tract of (15 3/4) fifteen and three fourths acres in the
SE part of the west part of said lot numbered two, subdivision
however, the following described tract in the north west corner
in the center of the county road running north and south, where
said road crosses the north line in the east and west county road to the south
west corner of said one hundred acres, thence south along
the west line thereof twenty rods; thence east parallel with
north to south county road, thence north along said center of
road twenty rods to the place of beginning, containing some
six aces of land more or less I give and bequeath to Wesley C.
Steward and his wife, my daughter, aforesaid, as tenants in common
to the contary notwithstanding; the buildings on said tract
having been erected and built by said Wesley C. Steward.
4th I give and bequeath to my beloved wife Elizabeth A. James
the following items of personal property in addition to her
legal interest or claims in all my real estate herein.
[corresponds to labeled page 190 of Will Records Vol. 4 - 1859-1869]
190
Record of the Will of Harry James decd. March 20, 1865
Thereupon letters testamentary were granted and issued to
Daniel B. James, the executor named in the will, without
bond or order of appraisement in pursurance of the request
of the will, and court deeming the same to be
right and proper.
The following is a copy and record of the will.
"I Harry James of Berlin Township, Delaware County, state
of Ohio; being of sound & disposing mind, memory and understanding
do make and declare this to be my last will and testament,
hereby making null and void all former last wills and testa-
ments or writings in the nature of last will and testament by
me heretofore made.
1st My will is first, that my funeral expenses and all just debts
I owe or may owe at the time of my decease be paid by my
executor hereinafter named.
2nd I give and bequeath to my son Daniel B. James the farm
on which I live containing two hundereed and seven acres of
land, being the north east part of lot numbered one in Section
four, Township four, Range eighteen of the United States
Military Survey. To have and to hold to him his heirs or assigns
also the farming utensils on said farm including the mow
=er and reaper & sowing machine to his own use and
disposel.
3rd I give and bequeath to my daughter Mary E. Steward wife
of Wesley C. Steward the farm of one hundred aces of land
in the S.E. corner of lot numbered two in the above named
section four known as the Hall or Benton farm; also
that tract of (15 3/4) fifteen and three fourths acres in the
SE part of the west part of said lot numbered two, subdivision
however, the following described tract in the north west corner
in the center of the county road running north and south, where
said road crosses the north line in the east and west county road to the south
west corner of said one hundred acres, thence south along
the west line thereof twenty rods; thence east parallel with
north to south county road, thence north along said center of
road twenty rods to the place of beginning, containing some
six aces of land more or less I give and bequeath to Wesley C.
Steward and his wife, my daughter, aforesaid, as tenants in common
to the contary notwithstanding; the buildings on said tract
having been erected and built by said Wesley C. Steward.
4th I give and bequeath to my beloved wife Elizabeth A. James
the following items of personal property in addition to her
legal interest or claims in all my real estate herein.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 223)
Description
[page 223]
[corresponds to labeled page 191 of Will Records Vol. 4 - 1859-1869]
191
Record of the will of Harry James decd. March 20th, 1865
before mentioned or that I may be seized of at the time
of my decease, viz. one house, one cow and ten sheep
and one horse buggy and harness and the sleigh and one half
of all my moneys & credits, to her for her own use and disposal.
5th The residue of my estate, not required to pay my funeral
expenses, the payment of my just debts, the administration of this
my last will and testament, and the settlement of my estate as
hereinafter described, and the items herein before disposed
of & bequeathed, I give and bequeath said residue or re-
=mainder to my son Daniel B. James and my daughter
Mary E. Steward to be equally divided between them.
6th I hereby nominate and appoint my said son Daniel
B. James my sole executor of this my last will and testament
hereby fully authorizing my said executor to administer
on, and settle my estate without inventory or appraisement.
Schedule or report to the court, hereby placing full confidence
in the integrity & ability of my said executors to administer
on, and settle my said estate justly equitably and correctly.
In witness whereof I the said Harry James have hereunto
subscribed my name and affixed my seal this 31st day
of January in the year of our Lord Eighteen hundred and
sixty five. (signed) Harry James (seal)
signed, sealed and declared by said Harry James
to be his last will and testament in our presents.
who at his request and in his presence have
hereunto subscrbed our names as witnesses
in the presence of each other.
(signed) James Eaton
Philo F. Barrows
James Ferson Jun. (end of the will.
Copy of the testimony and deposition.
The State of Ohio, Delaware County ss
We James Eaton, Philo F. Barrows and James Ferson Jun. being
duly sworn in open court this 20th day of March A.D. 1865, depose
and say that we were present at the execution of the last will and
testament of Harry James 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 and witnessed at his
request and in his presence, and in the presence of each other.
(signed) James Eaton
Philo F. Barrows
James Ferson Jun.
Sworn to and subscribed before me this 20th day of March A.D. 1865
T. W. Powell, Probate Judge
[corresponds to labeled page 191 of Will Records Vol. 4 - 1859-1869]
191
Record of the will of Harry James decd. March 20th, 1865
before mentioned or that I may be seized of at the time
of my decease, viz. one house, one cow and ten sheep
and one horse buggy and harness and the sleigh and one half
of all my moneys & credits, to her for her own use and disposal.
5th The residue of my estate, not required to pay my funeral
expenses, the payment of my just debts, the administration of this
my last will and testament, and the settlement of my estate as
hereinafter described, and the items herein before disposed
of & bequeathed, I give and bequeath said residue or re-
=mainder to my son Daniel B. James and my daughter
Mary E. Steward to be equally divided between them.
6th I hereby nominate and appoint my said son Daniel
B. James my sole executor of this my last will and testament
hereby fully authorizing my said executor to administer
on, and settle my estate without inventory or appraisement.
Schedule or report to the court, hereby placing full confidence
in the integrity & ability of my said executors to administer
on, and settle my said estate justly equitably and correctly.
In witness whereof I the said Harry James have hereunto
subscribed my name and affixed my seal this 31st day
of January in the year of our Lord Eighteen hundred and
sixty five. (signed) Harry James (seal)
signed, sealed and declared by said Harry James
to be his last will and testament in our presents.
who at his request and in his presence have
hereunto subscrbed our names as witnesses
in the presence of each other.
(signed) James Eaton
Philo F. Barrows
James Ferson Jun. (end of the will.
Copy of the testimony and deposition.
The State of Ohio, Delaware County ss
We James Eaton, Philo F. Barrows and James Ferson Jun. being
duly sworn in open court this 20th day of March A.D. 1865, depose
and say that we were present at the execution of the last will and
testament of Harry James 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 and witnessed at his
request and in his presence, and in the presence of each other.
(signed) James Eaton
Philo F. Barrows
James Ferson Jun.
Sworn to and subscribed before me this 20th day of March A.D. 1865
T. W. Powell, Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 224)
Description
[page 224]
[corresponds to labeled page 192 of Will Records Vol. 4 - 1859-1869]
192
Record of the will of Isaac Harden decd. March 25, 1865
Proceedings had before Thomas W. Powell, Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio at his office in the town of Delaware
on the 25th day of March A.D. 1865.
This day the last will and testament of Isaac
Harden late of Liberty Township in the said county
was presented by Erastus Harden for probate and record in
this court. Thereupon John D. Van Dewan and Lydia S.
Van Dewan the witnesses to the said will came into court
and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will and
filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory, and not under
any restraints: Thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the named
Isaac Harden decd. and ordered to be recorded as such.
Thereupon letters testamentary were granted to Erastus
Harden the executor named in the will, who gave bonds
in the amount of $2000 with William G. Patton and Charles H.
Boardman his surities. The court appoints P. E. Buell,
Abram Stiner and James Cronkleton appraisers of the
said estate. Letters issued etc
Copy and record of the will.
In the name of God. Amen.
I Isaac Harden Sen. of Liberty Township, Delaware County
Ohio being of sound and disposing mind and memory; but weak
and infirm in body, do make and publish this to be my last will
and testament.
Item I. I will and direct that my just debts and funeral expenses
be first paid out of my estate.
Item II. I give, devise and bequeath unto my daughter Anna Wil-
mouth, wife of Phillip Wilmouth and unto her heirs and assigns forever,
the following tract or parcel of land, to wit; situate in the county of Delaware
and State of Ohio and bounded and described as follows: being in section
no. four in Township No. Four, and Range 19, U.S.M. land; beginning
at the northeast corner of the old home farm, on which I now reside,
thence west on the south line of the same far enough, so that a line drawn
parallel with the said east line will include fourteen acres of land;
being off of the east end of said "old homestead."
Item III. I give, devise and bequeath unto my son Isaac Harden Jr.
and unto his heirs and assigns forever, the following tract or parcel of
land, to wit, being thirteen and one half acres off of the west end of
the farm on which I now reside purchased by me of James McSwain
described as follows; commencing at the north west corner thereof; thence
[corresponds to labeled page 192 of Will Records Vol. 4 - 1859-1869]
192
Record of the will of Isaac Harden decd. March 25, 1865
Proceedings had before Thomas W. Powell, Judge of
the Probate Court in and for the county of Delaware and
the State of Ohio at his office in the town of Delaware
on the 25th day of March A.D. 1865.
This day the last will and testament of Isaac
Harden late of Liberty Township in the said county
was presented by Erastus Harden for probate and record in
this court. Thereupon John D. Van Dewan and Lydia S.
Van Dewan the witnesses to the said will came into court
and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will and
filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory, and not under
any restraints: Thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the named
Isaac Harden decd. and ordered to be recorded as such.
Thereupon letters testamentary were granted to Erastus
Harden the executor named in the will, who gave bonds
in the amount of $2000 with William G. Patton and Charles H.
Boardman his surities. The court appoints P. E. Buell,
Abram Stiner and James Cronkleton appraisers of the
said estate. Letters issued etc
Copy and record of the will.
In the name of God. Amen.
I Isaac Harden Sen. of Liberty Township, Delaware County
Ohio being of sound and disposing mind and memory; but weak
and infirm in body, do make and publish this to be my last will
and testament.
Item I. I will and direct that my just debts and funeral expenses
be first paid out of my estate.
Item II. I give, devise and bequeath unto my daughter Anna Wil-
mouth, wife of Phillip Wilmouth and unto her heirs and assigns forever,
the following tract or parcel of land, to wit; situate in the county of Delaware
and State of Ohio and bounded and described as follows: being in section
no. four in Township No. Four, and Range 19, U.S.M. land; beginning
at the northeast corner of the old home farm, on which I now reside,
thence west on the south line of the same far enough, so that a line drawn
parallel with the said east line will include fourteen acres of land;
being off of the east end of said "old homestead."
Item III. I give, devise and bequeath unto my son Isaac Harden Jr.
and unto his heirs and assigns forever, the following tract or parcel of
land, to wit, being thirteen and one half acres off of the west end of
the farm on which I now reside purchased by me of James McSwain
described as follows; commencing at the north west corner thereof; thence
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 225)
Description
[page 225]
[corresponds to labeled page 193 of Will Records Vol. 4 - 1859-1869]
193
running south 38 purchase to south west corner corner thereof; thence running
east on the south line far enough so that a line drawn parallel
with the west line of said lot, will include thirteen and one half acres,
being in Section No. 4. Tp No. 4, and Range 19 U.S.M.
Item. IV. I give, devise and bequeath unto my children Gynther Welch,
Reuben Harden, Erastus Harden, Henrietta Devine, and to the
children of William Harden decd. and to their heirs and assigns
forever all the residue of my real estate in said lot, being
about twenty acres of land, lying between the lands bequeathed
by this will to Anna Wilmouth and Isaac Harden Jr. and it is
my will that they shall inherit the same, share and share alike, the
said children of William Harden decd. to inherit the portion which the
said William would have inherited had he lived.
Item V. I do hereby nominate and appoint my son Erastus
Harden Executor of this my last will and testament; hereby
revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal
this 2nd day of September A.D. 1864.
The foregoing writing was declared (signed) Isaac Harden Sr. (seal)
by the said Isaac Harden Sen. to be
his last will and testament in our presence & hearing
and was by him signed and unto in our presence
and we at his request signed the same as
witnesses thereto, in his presence and in the
presence of each other. (signed) John D. Van Deman
Lydia S. Van Deman (end of the will)
Copy and record of the depositions.
The state of Ohio, Delaware County, Ss.
We John D. Van Deman and Lydia S. Van Deman being duly sworn in open court
this 25th day of March A.D. 1865, depose and say, that we were present at the execution
of the last will and testament of Isaac Harden Sen. 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 exe-
cuting 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) John D. Van Deman
Lydia S. Van Deman
Sworn to and subscribed before me this 25th day of March A.D. 1865
T. W. Powell Probate Judge.
[corresponds to labeled page 193 of Will Records Vol. 4 - 1859-1869]
193
running south 38 purchase to south west corner corner thereof; thence running
east on the south line far enough so that a line drawn parallel
with the west line of said lot, will include thirteen and one half acres,
being in Section No. 4. Tp No. 4, and Range 19 U.S.M.
Item. IV. I give, devise and bequeath unto my children Gynther Welch,
Reuben Harden, Erastus Harden, Henrietta Devine, and to the
children of William Harden decd. and to their heirs and assigns
forever all the residue of my real estate in said lot, being
about twenty acres of land, lying between the lands bequeathed
by this will to Anna Wilmouth and Isaac Harden Jr. and it is
my will that they shall inherit the same, share and share alike, the
said children of William Harden decd. to inherit the portion which the
said William would have inherited had he lived.
Item V. I do hereby nominate and appoint my son Erastus
Harden Executor of this my last will and testament; hereby
revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal
this 2nd day of September A.D. 1864.
The foregoing writing was declared (signed) Isaac Harden Sr. (seal)
by the said Isaac Harden Sen. to be
his last will and testament in our presence & hearing
and was by him signed and unto in our presence
and we at his request signed the same as
witnesses thereto, in his presence and in the
presence of each other. (signed) John D. Van Deman
Lydia S. Van Deman (end of the will)
Copy and record of the depositions.
The state of Ohio, Delaware County, Ss.
We John D. Van Deman and Lydia S. Van Deman being duly sworn in open court
this 25th day of March A.D. 1865, depose and say, that we were present at the execution
of the last will and testament of Isaac Harden Sen. 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 exe-
cuting 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) John D. Van Deman
Lydia S. Van Deman
Sworn to and subscribed before me this 25th day of March A.D. 1865
T. W. Powell Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 226)
Description
[page 226]
[corresponds to labeled page 194 of Will Records Vol. 4 - 1859-1869]
194
Record of the will of Amples Barton decd. April 29th 1865
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio, at his
office in the Town of Delaware on the 29th day of
April A.D. 1865.
This day Alfred Barton presents the last will and
testament of Amples Barton late of Trenton Township
in this county decd. for probate and record. Thereupon
Adam Franks and Lewis T. Perinow witnesses to the said
will came into court and were duly sworn and examined
and their testimoney reduced to writing and now annexed to
the will and filed therewith, and it appearing to the court
that the said will was duly executed and attested, and that
the testator at the time of executing the same was
of full age, and of sound mind and memory, and not
under any restraint; Thereupon the court, upon
consideration thereof, orders that the said will be
admitted to probate as duly proven as the last will
and testament of the said Amples Barton decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolant Father of all.
I, Amples Barton, 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 Ev-
eline in lieu of her dower the farm on which we now
reside on, situate in Delaware County, Ohio, it being
north of the county road; said lot contains ninety acres
of land, during her natural life, if she remains my
widow that length of time, and all the stock, household goods,
furniture, provisions, and other goods and chattels which
may be thereon at the time of my decease during her
natural life, if she still remains my widow as
aforesaid, she however selling so much thereof as may
be sufficient to pay my just debts; at the death of my
said wife or her marriage the real estate that we now
reside on, I give and devise to my son William Barton
and his heirs.
Item 2nd. I devise and bequeath to my son Alford Barton
and his heirs the farm that my son Alford now resides on,
in Delaware County Ohio, said farm contains one
hundred and fifty acres of land; and said Alford is to pay
my daughter Elizabeth five hundred dollars in two
years after my death.
Item 3rd. I devise and bequeath to my son William
Barton and to his heirs that lot of land that I own south of the
county seat, said lot containing eighty four acres of land
by my son William Baying to my daughter Elizabeth Barton
[corresponds to labeled page 194 of Will Records Vol. 4 - 1859-1869]
194
Record of the will of Amples Barton decd. April 29th 1865
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio, at his
office in the Town of Delaware on the 29th day of
April A.D. 1865.
This day Alfred Barton presents the last will and
testament of Amples Barton late of Trenton Township
in this county decd. for probate and record. Thereupon
Adam Franks and Lewis T. Perinow witnesses to the said
will came into court and were duly sworn and examined
and their testimoney reduced to writing and now annexed to
the will and filed therewith, and it appearing to the court
that the said will was duly executed and attested, and that
the testator at the time of executing the same was
of full age, and of sound mind and memory, and not
under any restraint; Thereupon the court, upon
consideration thereof, orders that the said will be
admitted to probate as duly proven as the last will
and testament of the said Amples Barton decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolant Father of all.
I, Amples Barton, 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 Ev-
eline in lieu of her dower the farm on which we now
reside on, situate in Delaware County, Ohio, it being
north of the county road; said lot contains ninety acres
of land, during her natural life, if she remains my
widow that length of time, and all the stock, household goods,
furniture, provisions, and other goods and chattels which
may be thereon at the time of my decease during her
natural life, if she still remains my widow as
aforesaid, she however selling so much thereof as may
be sufficient to pay my just debts; at the death of my
said wife or her marriage the real estate that we now
reside on, I give and devise to my son William Barton
and his heirs.
Item 2nd. I devise and bequeath to my son Alford Barton
and his heirs the farm that my son Alford now resides on,
in Delaware County Ohio, said farm contains one
hundred and fifty acres of land; and said Alford is to pay
my daughter Elizabeth five hundred dollars in two
years after my death.
Item 3rd. I devise and bequeath to my son William
Barton and to his heirs that lot of land that I own south of the
county seat, said lot containing eighty four acres of land
by my son William Baying to my daughter Elizabeth Barton
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 227)
Description
[page 227]
[corresponds to labeled page 195 of Will Records Vol. 4 - 1859-1869]
195
Record of the will of Amples Barton decd. April 29th 1865
five hundred dollars in two years after my death.
Item 4th. It is my request that my wife shall pay to my
daughter Amanda Clark one hundred dollars at my
death it being in addition to her share which I have
paid her heretofore.
Item 5th. I devise to my son William one horse
and one bed and bedding at my death; also one
bureau at the death of my wife; and my son William
is to pay to my daughter Amanda Clark two hundred
dollars at the death or marriage of my wife it being
in addition of what I have given to my daughter
Amanda heretofore.
Item 6th. I give and devise to my daughter Elizabeth one
bed and bedding one bureau, six chairs and one colt,
at my death; and it is my request that my daughter
Elizabeth to have the privilege of my house, the west room
upstairs and the privilege going up and down, and the
privilege of fire place and cook stove if she remains
single.
Item 7th. It is my request that my wife at my death to divide
equally between herself and all her children namely Alford,
William, Amanda and Elizabeth the money and notes
that will be in her hands at my death by paying Amanda
Clark one hundred dollars more as above stated.
Item 8th. I do hereby nominate and appoint my son
Alford Barton Executor of this my last will and
testament, authorizing and empowering him to compromise
adjust, release and discharge in such manner as he
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 the sixth day of September in the
year of our Lord one thousand eight hundred and
sixty four. (signed) Amples Barton (seal)
Signed and acknowledged by said Amples Barton as his last
will and testament in our presence and signed by us in
his presence (as signed) Adam Franks. L. T. Pierson end of the will
The State of Ohio, Delaware County ss. We Adam Franks and Lewis T. Pierson, being
duly sworn in open court this 29th day of April A.D. 1865, depose and say that we
were present at the execution of the last will and testament of Amples Barton hereto an-
nexed, that we saw him 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 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) Adam Franks
L. T. Pierson
Sworn to & subscribed before me this 29th day of April 1865.
T. W. Powell Probate Judge
[corresponds to labeled page 195 of Will Records Vol. 4 - 1859-1869]
195
Record of the will of Amples Barton decd. April 29th 1865
five hundred dollars in two years after my death.
Item 4th. It is my request that my wife shall pay to my
daughter Amanda Clark one hundred dollars at my
death it being in addition to her share which I have
paid her heretofore.
Item 5th. I devise to my son William one horse
and one bed and bedding at my death; also one
bureau at the death of my wife; and my son William
is to pay to my daughter Amanda Clark two hundred
dollars at the death or marriage of my wife it being
in addition of what I have given to my daughter
Amanda heretofore.
Item 6th. I give and devise to my daughter Elizabeth one
bed and bedding one bureau, six chairs and one colt,
at my death; and it is my request that my daughter
Elizabeth to have the privilege of my house, the west room
upstairs and the privilege going up and down, and the
privilege of fire place and cook stove if she remains
single.
Item 7th. It is my request that my wife at my death to divide
equally between herself and all her children namely Alford,
William, Amanda and Elizabeth the money and notes
that will be in her hands at my death by paying Amanda
Clark one hundred dollars more as above stated.
Item 8th. I do hereby nominate and appoint my son
Alford Barton Executor of this my last will and
testament, authorizing and empowering him to compromise
adjust, release and discharge in such manner as he
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 the sixth day of September in the
year of our Lord one thousand eight hundred and
sixty four. (signed) Amples Barton (seal)
Signed and acknowledged by said Amples Barton as his last
will and testament in our presence and signed by us in
his presence (as signed) Adam Franks. L. T. Pierson end of the will
The State of Ohio, Delaware County ss. We Adam Franks and Lewis T. Pierson, being
duly sworn in open court this 29th day of April A.D. 1865, depose and say that we
were present at the execution of the last will and testament of Amples Barton hereto an-
nexed, that we saw him 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 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) Adam Franks
L. T. Pierson
Sworn to & subscribed before me this 29th day of April 1865.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 228)
Description
[page 228]
[corresponds to labeled page 196 of Will Records Vol. 4 - 1859-1869]
196
Record of the Will of Media Gamble Decd. April 29th 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio,
at his office in the town of Delaware on the 29th day of
April A.D. 1865
On the 4th day of April A.D. 1865 Pro. William G.
Williams presents the last will and testament of Media
Gamble for probate and record. Thereupon took the testi-
mony of William G. Williams and Francis S. Hoyt two of the
subscribing witnesses to the said will, and reduced the same
to writing annexed thereto and issued a commission to the
Probate Judge of Hamilton County to take the testimony
of John Davis the other witness to the will. And the
matter is continued for further consideration and return
of the Commission.
And afterwards on this day, (to wit April 19th, A.D. 1865.) the
Commission heretofore issued to the Probate Judge of Hamil-
ton County, Ohio, to take the testimony and deposition of John
David one of the witnesses to the said will, being now
returned with the deposition of the said John David, and
the testimony of all the witnesses to the said will being all
now reduced to writing and annexed to the will: and it now
appearing to the court, that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not under
any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the said
Media Gamble decd. and ordered to be recorded as such.
Copy and Record of the will.
I, Media Gamble of the town of Delaware in the State of Ohio,
being in feeble health but in sound mind do make and publish
this as my last will and testament.
I commend my soul to God in Jesus Christ, through whence
I trust for eternal salvation. I direct that my body be buried
in the cemetery, at Delaware, where I have spent the last twelve
years of my life and where I now reside.
Of the property of which I lie possessed, I make the following disposition.
First. I direct that the expenses of my funeral be paid from the semi=
=annual installation of interest now about due on the sum of one thousand
pounds in which I have a life estate bequeathed to me by my aunt,
the Late Mrs. Captain Ball of St. Helen's England.
Second. I direct that my executors shall purchase, within a year after
my death at his discretion, for my neice Mrs. Mary Sexton one
dozen silver table spoons, one dozen silver dessert spoons, and
one dozen silver teaspoons, also one dozen large knives
and forks and one dozen small knives and forks. And I appro-
priate for this purpose as much as may be necessary out of
the sum of three hundred dollars lately borrowed from me
[corresponds to labeled page 196 of Will Records Vol. 4 - 1859-1869]
196
Record of the Will of Media Gamble Decd. April 29th 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio,
at his office in the town of Delaware on the 29th day of
April A.D. 1865
On the 4th day of April A.D. 1865 Pro. William G.
Williams presents the last will and testament of Media
Gamble for probate and record. Thereupon took the testi-
mony of William G. Williams and Francis S. Hoyt two of the
subscribing witnesses to the said will, and reduced the same
to writing annexed thereto and issued a commission to the
Probate Judge of Hamilton County to take the testimony
of John Davis the other witness to the will. And the
matter is continued for further consideration and return
of the Commission.
And afterwards on this day, (to wit April 19th, A.D. 1865.) the
Commission heretofore issued to the Probate Judge of Hamil-
ton County, Ohio, to take the testimony and deposition of John
David one of the witnesses to the said will, being now
returned with the deposition of the said John David, and
the testimony of all the witnesses to the said will being all
now reduced to writing and annexed to the will: and it now
appearing to the court, that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not under
any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the said
Media Gamble decd. and ordered to be recorded as such.
Copy and Record of the will.
I, Media Gamble of the town of Delaware in the State of Ohio,
being in feeble health but in sound mind do make and publish
this as my last will and testament.
I commend my soul to God in Jesus Christ, through whence
I trust for eternal salvation. I direct that my body be buried
in the cemetery, at Delaware, where I have spent the last twelve
years of my life and where I now reside.
Of the property of which I lie possessed, I make the following disposition.
First. I direct that the expenses of my funeral be paid from the semi=
=annual installation of interest now about due on the sum of one thousand
pounds in which I have a life estate bequeathed to me by my aunt,
the Late Mrs. Captain Ball of St. Helen's England.
Second. I direct that my executors shall purchase, within a year after
my death at his discretion, for my neice Mrs. Mary Sexton one
dozen silver table spoons, one dozen silver dessert spoons, and
one dozen silver teaspoons, also one dozen large knives
and forks and one dozen small knives and forks. And I appro-
priate for this purpose as much as may be necessary out of
the sum of three hundred dollars lately borrowed from me
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 229)
Description
[page 229]
[corresponds to labeled page 197 of Will Records Vol. 4 - 1859-1869]
197
Record of the will of Media Gamble decd. April 29th 1865.
by Prof F. S. Hoyt, and due in three months from the date
of loan.
Third. Of any surplus from the last named sum together
with the amount due me on settlement with Thomas Gamble
of Ireland and now in the hands of my lawyer, Baptist
Hernaghan, of Dublin Ireland, but of which the account
has not been rendered, I direct that upon its judgement to
my estate, one half shall be paid to the trustees of the Centenary
Fund of the Methodist Episcopal Church, for the benefit of the
Irish Correctional Funds, and the other half to the Freedman's
Aid Commission of the United States for the benefit of that charity.
Forth. I direct that the sum of one thousand dollars loaned
to and in the hands of James Gamble of Cincinnati to be
collected and paid by my executor to the American Bible Society
founded in New York in the year 1816, to be applied to the charitable
directors in said Society, John David M.D. of Cincinnati, Professor
William G. Williams of Delaware, and Professor Francis S. Hoyt
of Delaware.
Fifth. I direct that the sum of one thousand dollars loaned to
and in the hands of Mrs. Eliza Riger of Delaware be collected and
paid by my executors to the Missionary Society of the Methodist Episcopal
Church incorporated in New York in the year 1839, to be applied
to the charitable uses and purposes of said Society; provided that this
amount be not collected before Mrs. Riger's death; unless she pre-
fers to pay it earlier; on condition, however, that should she desire
to retain it, she paying interest at the rate of five percent per
annum, which shall be annually collected and paid by my
executor to the Missionary Society, until the principal sum be
collected and paid.
Sixth. All items of personal property not otherwise appropriated
I direct to be given to my sister Mrs. Eliza Riger, and to my niece
Mrs. Mary Sexton.
I hereby appoint William G. Williams executor of this my
last will and testament.
In witness whereof I have hereunto set my hand and seal
this 25th day of March in the year of our Lord 1865.
(Signed) Media Gamble (seal)
Signed and sealed in our presence
on the date above written.
(Signed) W. G. Williams
F. S. Hoyt.
John David. (end of the will.
Copy and record of the testimoney and depositions: -
The State of Ohio, Delaware County ss.
We William G. Williams and Francis S. Hoyt being duly sworn
in open court this 4th day of April A.D. 1865 depose and say, that
we were present at the execution of the last will and testament
[corresponds to labeled page 197 of Will Records Vol. 4 - 1859-1869]
197
Record of the will of Media Gamble decd. April 29th 1865.
by Prof F. S. Hoyt, and due in three months from the date
of loan.
Third. Of any surplus from the last named sum together
with the amount due me on settlement with Thomas Gamble
of Ireland and now in the hands of my lawyer, Baptist
Hernaghan, of Dublin Ireland, but of which the account
has not been rendered, I direct that upon its judgement to
my estate, one half shall be paid to the trustees of the Centenary
Fund of the Methodist Episcopal Church, for the benefit of the
Irish Correctional Funds, and the other half to the Freedman's
Aid Commission of the United States for the benefit of that charity.
Forth. I direct that the sum of one thousand dollars loaned
to and in the hands of James Gamble of Cincinnati to be
collected and paid by my executor to the American Bible Society
founded in New York in the year 1816, to be applied to the charitable
directors in said Society, John David M.D. of Cincinnati, Professor
William G. Williams of Delaware, and Professor Francis S. Hoyt
of Delaware.
Fifth. I direct that the sum of one thousand dollars loaned to
and in the hands of Mrs. Eliza Riger of Delaware be collected and
paid by my executors to the Missionary Society of the Methodist Episcopal
Church incorporated in New York in the year 1839, to be applied
to the charitable uses and purposes of said Society; provided that this
amount be not collected before Mrs. Riger's death; unless she pre-
fers to pay it earlier; on condition, however, that should she desire
to retain it, she paying interest at the rate of five percent per
annum, which shall be annually collected and paid by my
executor to the Missionary Society, until the principal sum be
collected and paid.
Sixth. All items of personal property not otherwise appropriated
I direct to be given to my sister Mrs. Eliza Riger, and to my niece
Mrs. Mary Sexton.
I hereby appoint William G. Williams executor of this my
last will and testament.
In witness whereof I have hereunto set my hand and seal
this 25th day of March in the year of our Lord 1865.
(Signed) Media Gamble (seal)
Signed and sealed in our presence
on the date above written.
(Signed) W. G. Williams
F. S. Hoyt.
John David. (end of the will.
Copy and record of the testimoney and depositions: -
The State of Ohio, Delaware County ss.
We William G. Williams and Francis S. Hoyt being duly sworn
in open court this 4th day of April A.D. 1865 depose and say, that
we were present at the execution of the last will and testament
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 230)
Description
[page 230]
[corresponds to labeled page 198 of Will Records Vol. 4 - 1859-1869]
198
Record of the will of Media Gamble, April 29th, 1865.
of Media Gamble 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 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) W. G. Williams
Francis S. Hoyt.
Sworn to and subscribed before me this 4th day of April A.D. 1865.
T. W. Powell Probate Judge
Copy of the Commission issued and deposition taken therein
The State of Ohio.
Delaware County SS.
To the Probate Judge of Hamilton County in said state.
Greeting.
You are hereby authorized and empowered to take the
deposition of John David M.D. of Cincinnati, who is
one of the witnesses to the will and testament of Media Gamble
hereto annexed, as to the execution and attestations of the
said will, whom you will examine under oath, and reduce
his testimony to writing, which with the said will, you will seal
up and return to this court. And for so doing this shall be
your full power and commission.
seal of the Witness my hand and the seal of the said Probate Court
L.S.
Probate Court of Delaware County, this 5th day of April 1865.
{U.S. Stamp 5 cents} T. W. Powell Probate Judge
The following is the return to the Commission.
In the matter of the last will and testament of Media Gamble,
I Edward Woodruff, Probate Judge of Hamilton County, Ohio,
duly appoint and Commissioned by the Judge of the Probate Court of
the county of Delaware in the State of Ohio, to take the testimony
of John David M.D. one of the subscribing witnesses of the last
will and testament of Media Gamble deceased late a resident
of the said County of Delaware in the State of Ohio, which Com=
=mission and the said will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused Said John David M.D.
one of the said subscribing witnesses as aforesaid to come person-
=ally before me at the court house in said county of Hamilton, Ohio
being by me first duly sworn according to law, to speak the truth, the
whole truth and nothing but the truth, concerning and in relation to
the execution of said will, deposes and says that he is one of the
subscribing witnesses to said will, with the other witnesses, W. G. Williams
and F. S. Hoyt; that he and they were present at making of said will,
hereto attached, marked "A.," and at the request of the deceased, subscribed
their names to said will as witnesses in the presence of the deceased
and of each other; that they saw the said Media Gamble deceased
sign and seal said will, and heard him acknowledge the same
[corresponds to labeled page 198 of Will Records Vol. 4 - 1859-1869]
198
Record of the will of Media Gamble, April 29th, 1865.
of Media Gamble 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 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) W. G. Williams
Francis S. Hoyt.
Sworn to and subscribed before me this 4th day of April A.D. 1865.
T. W. Powell Probate Judge
Copy of the Commission issued and deposition taken therein
The State of Ohio.
Delaware County SS.
To the Probate Judge of Hamilton County in said state.
Greeting.
You are hereby authorized and empowered to take the
deposition of John David M.D. of Cincinnati, who is
one of the witnesses to the will and testament of Media Gamble
hereto annexed, as to the execution and attestations of the
said will, whom you will examine under oath, and reduce
his testimony to writing, which with the said will, you will seal
up and return to this court. And for so doing this shall be
your full power and commission.
seal of the Witness my hand and the seal of the said Probate Court
L.S.
Probate Court of Delaware County, this 5th day of April 1865.
{U.S. Stamp 5 cents} T. W. Powell Probate Judge
The following is the return to the Commission.
In the matter of the last will and testament of Media Gamble,
I Edward Woodruff, Probate Judge of Hamilton County, Ohio,
duly appoint and Commissioned by the Judge of the Probate Court of
the county of Delaware in the State of Ohio, to take the testimony
of John David M.D. one of the subscribing witnesses of the last
will and testament of Media Gamble deceased late a resident
of the said County of Delaware in the State of Ohio, which Com=
=mission and the said will are hereto annexed, do hereby certify that
in pursuance of said Commission I caused Said John David M.D.
one of the said subscribing witnesses as aforesaid to come person-
=ally before me at the court house in said county of Hamilton, Ohio
being by me first duly sworn according to law, to speak the truth, the
whole truth and nothing but the truth, concerning and in relation to
the execution of said will, deposes and says that he is one of the
subscribing witnesses to said will, with the other witnesses, W. G. Williams
and F. S. Hoyt; that he and they were present at making of said will,
hereto attached, marked "A.," and at the request of the deceased, subscribed
their names to said will as witnesses in the presence of the deceased
and of each other; that they saw the said Media Gamble deceased
sign and seal said will, and heard him acknowledge the same
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 231)
Description
[page 231]
[corresponds to labeled page 199 of Will Records Vol. 4 - 1859-1869]
199
Records of the will of Media Gamble April 29th, 1865.
to be his[her] last will and testament, that the said Media Gamble
deceased, was at the time of making, signing and sealing said
last will and testament of legal age, and of sound mind and
memory, and under no undue or unlawful restraint
whatever. (signed) John Davis.
I Edward Woodruff Probate Judge of Hamilton County
Ohio, do further certify that said testimony was reduced to writing
by myself in the presence of said witness John Davis M.D.
and subscribed by said witness in my presence on this 22nd day
of April 1865.
seal of Probate In testimony whereof I have hereunto set my hand
Court of Hamilton and seal of court this 22nd day of April 1865.
Co. Ohio. (signed) Edward Woodruff Probate Judge
L.S. Ham. Co. Ohio
Fees paid $5.00.
(End of this record)
______________________ = ________________________
Record of the will of Michael Gross decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 15th day of May
A.D. 1865.
This day the last will and testament of Michael Gross late
of this county decd. was presented to the court for probate and
record. Thereupon James Eaton, Amelzer H. McElroy and George
C. Eaton witnesses to the said will came in to court and were duly
sworn and examined and their testimony reduced to writing, and
now annexed to the will and filed therewith; and it appearing to
the court that the said will was duly executed and attested, and that
the testator at the time of executing the same, was of full age
and of sound mind and memory and not under any restraint:
thereupon the court upon consideration thereof, orders that the
said will be admitted to probate
as duly proved as the last will and testament of said Michael
Gross decd. and ordered to be recorded as such.
Thereupon letters testamentary was duly issued to Joseph G.
Cole the executor named in the will.
Copy and Records of the Will.
I Michael Gross of Delaware County, State of Ohio, being of
sound and disposing mind, memory and understanding, do make and
publish & declare this to be my last will and testament; hereby revoking
and making null & void all former last will and testaments by me heretofore made.
1st It is my will that all my just debts, funeral expenses be paid by
my executor hereinafter named; also all the funeral expenses of
my beloved wife after her death, & her last sickness be paid
out of my estate.
2nd I give and bequeath to my said beloved wife Elizabeth Gross
all my personal property, money & credits, to her for her
[corresponds to labeled page 199 of Will Records Vol. 4 - 1859-1869]
199
Records of the will of Media Gamble April 29th, 1865.
to be his[her] last will and testament, that the said Media Gamble
deceased, was at the time of making, signing and sealing said
last will and testament of legal age, and of sound mind and
memory, and under no undue or unlawful restraint
whatever. (signed) John Davis.
I Edward Woodruff Probate Judge of Hamilton County
Ohio, do further certify that said testimony was reduced to writing
by myself in the presence of said witness John Davis M.D.
and subscribed by said witness in my presence on this 22nd day
of April 1865.
seal of Probate In testimony whereof I have hereunto set my hand
Court of Hamilton and seal of court this 22nd day of April 1865.
Co. Ohio. (signed) Edward Woodruff Probate Judge
L.S. Ham. Co. Ohio
Fees paid $5.00.
(End of this record)
______________________ = ________________________
Record of the will of Michael Gross decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 15th day of May
A.D. 1865.
This day the last will and testament of Michael Gross late
of this county decd. was presented to the court for probate and
record. Thereupon James Eaton, Amelzer H. McElroy and George
C. Eaton witnesses to the said will came in to court and were duly
sworn and examined and their testimony reduced to writing, and
now annexed to the will and filed therewith; and it appearing to
the court that the said will was duly executed and attested, and that
the testator at the time of executing the same, was of full age
and of sound mind and memory and not under any restraint:
thereupon the court upon consideration thereof, orders that the
said will be admitted to probate
as duly proved as the last will and testament of said Michael
Gross decd. and ordered to be recorded as such.
Thereupon letters testamentary was duly issued to Joseph G.
Cole the executor named in the will.
Copy and Records of the Will.
I Michael Gross of Delaware County, State of Ohio, being of
sound and disposing mind, memory and understanding, do make and
publish & declare this to be my last will and testament; hereby revoking
and making null & void all former last will and testaments by me heretofore made.
1st It is my will that all my just debts, funeral expenses be paid by
my executor hereinafter named; also all the funeral expenses of
my beloved wife after her death, & her last sickness be paid
out of my estate.
2nd I give and bequeath to my said beloved wife Elizabeth Gross
all my personal property, money & credits, to her for her
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 232)
Description
[page 232]
[corresponds to labeled page 200 of Will Records Vol. 4 - 1859-1869]
200
Record of the will of Michael Gross decd. May 15th, 1865
own use to benefit, to use and dispose of for her comfort and support,
forever as her own property.
3rd. I give and bequeath to my said beloved wife Eliabeth Gross
all the rents, occupancy, use & benefits arising or growing or
proceeding out of or in my real estate, consisting of a tract of
land of twelve acres & 67 1/5 perches of land situated in said
Delaware County, State of Ohio, and in Range nineteen (19.) Township
five (5.) Section one (1.) United State Military, and being a part of
Lot No. 2b, in said Section; also about six acres of land adjoining north
of the east part of the above described tract of land being the south
part of the east part of Lots Nos. 26 & 27 in said Section one, during
her natural life for her own use and benefit & support & to dis-
=pose of as she may think proper - out of which proceeds she is
to pay all the taxes from time to time on said real estate.
4th. After the death of my said beloved wife I give and bequeath
my said real estate to my beloved sons and daughters, viz, my son
Isiah Jacob Gross and my daughters Catharine Matilda Sherman
wife of Gustavus Sherman, Susanna wife of I. E. Boynton,
Amelia Gross, Harriet Pierce wife of Mr. Pierce and Sarah
Gross to be equally invested and owned by my said children before named
and I do nominate and appoint Joseph C. Cole of Delaware County
State of Ohio my sole executor of this my last will and testament.
In testimony whereof I the said Michael Gross have hereto
subscribed my name and affixed my seal, this fifth day of
November in the year of our Lord eighteen hundred and sixty four.
Signed, sealed & delivered by said Michael Gross signed Michael Gross {seal}
to be his last will and testament in presence
of us, who at his request and in his presence
have subscribed our names as witnesses
hereto in the presence of each other.
(signed) A. H. McElroy
James Eaton
George C. Eaton (end of the will.)
The State of Ohio, Delaware County. SS.
for the matter of the last will and testament of Michael Gross of Troy
Township, Delaware County, Ohio, deceased.
We James Easton, A. H. McElroy and George C. Eaton being duly sworn in
open court this 12th day of May A.D. 1865, depose and say that we were
present at the execution of the last will and testament of Michael Gross of Delaware County,
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 and witnessed at his
request and in his presence and in the presence of each other.
(signed) James Eaton
A. H. McElroy
Geo. E. Eaton
Sworn to and subscribed before me in the Probate
Court this 15th day of May A.D. 1865.
T. W. Powell Probate Judge.
[corresponds to labeled page 200 of Will Records Vol. 4 - 1859-1869]
200
Record of the will of Michael Gross decd. May 15th, 1865
own use to benefit, to use and dispose of for her comfort and support,
forever as her own property.
3rd. I give and bequeath to my said beloved wife Eliabeth Gross
all the rents, occupancy, use & benefits arising or growing or
proceeding out of or in my real estate, consisting of a tract of
land of twelve acres & 67 1/5 perches of land situated in said
Delaware County, State of Ohio, and in Range nineteen (19.) Township
five (5.) Section one (1.) United State Military, and being a part of
Lot No. 2b, in said Section; also about six acres of land adjoining north
of the east part of the above described tract of land being the south
part of the east part of Lots Nos. 26 & 27 in said Section one, during
her natural life for her own use and benefit & support & to dis-
=pose of as she may think proper - out of which proceeds she is
to pay all the taxes from time to time on said real estate.
4th. After the death of my said beloved wife I give and bequeath
my said real estate to my beloved sons and daughters, viz, my son
Isiah Jacob Gross and my daughters Catharine Matilda Sherman
wife of Gustavus Sherman, Susanna wife of I. E. Boynton,
Amelia Gross, Harriet Pierce wife of Mr. Pierce and Sarah
Gross to be equally invested and owned by my said children before named
and I do nominate and appoint Joseph C. Cole of Delaware County
State of Ohio my sole executor of this my last will and testament.
In testimony whereof I the said Michael Gross have hereto
subscribed my name and affixed my seal, this fifth day of
November in the year of our Lord eighteen hundred and sixty four.
Signed, sealed & delivered by said Michael Gross signed Michael Gross {seal}
to be his last will and testament in presence
of us, who at his request and in his presence
have subscribed our names as witnesses
hereto in the presence of each other.
(signed) A. H. McElroy
James Eaton
George C. Eaton (end of the will.)
The State of Ohio, Delaware County. SS.
for the matter of the last will and testament of Michael Gross of Troy
Township, Delaware County, Ohio, deceased.
We James Easton, A. H. McElroy and George C. Eaton being duly sworn in
open court this 12th day of May A.D. 1865, depose and say that we were
present at the execution of the last will and testament of Michael Gross of Delaware County,
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 and witnessed at his
request and in his presence and in the presence of each other.
(signed) James Eaton
A. H. McElroy
Geo. E. Eaton
Sworn to and subscribed before me in the Probate
Court this 15th day of May A.D. 1865.
T. W. Powell Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 233)
Description
[page 233]
[corresponds to labeled page 201 of Will Records Vol. 4 - 1859-1869]
201
Record of the Will of Alexander Thrall decd. June 12/65.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for Delaware County and the state
of Ohio, at his office in the town of Delaware on the
twelfth day of June A.D. 1865.
This day the last will and testament of Alexander Thrall
late of Berkshire in this county decd. was presented to
the court for probate and records. Thereupon Henry C. Frost
and William P. Frost witnesses to the said will came into Court
and were duly sworn and examined and their testimony reduced to
writing, and now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly
executed and attested; and that the testator at the time of execu=
=ting the same was of full age, and of sound mind and
memory. and not under any restraint. Thereupon the court
upon consideration thereof, orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said Alexander Thrall decd. and ordered
to be recorded as such.
Thereupon letters testamentary were granted and issued to
George E. Thrall the executor in the will, who accepted
the same and was duly qualified as such.
Copy and Record of the will.
I Alexander Thrall of Berkshire, Delaware, Ohio
through the blessings of Divine Provedence, am of sound
mind and memory, and in the enjoyment of my usual
health, for these and all other blessings I trust I am
truly grateful, do make and publish this my last will and
testament, revoking any and all other wills made by
me at any former time.
Item 1st. It is my will and request that all my just debts
be fully paid; also costs of administration, taxes assets
against my property before granting letters of admin=
=istration, subscriptions (if any) to religious and benevolent
purposes, with a plain but appropriate tombstone over
my grave.
Item 2nd. I give and bequeath unto my wife Sarah Thrall
all my furnature provisions on hand, fuel prepared
for use, one cow, the house and lot where she now lives
known as the Landon house, and six hundred dollars ($600)
in money, this to be in lieu of dower.
Item 3rd. I gave and bequeath unto my son Homer Hough
Thrall, fifteen hundred dollars ($1500) to be loaned at interest
on the most advantgeous terms, and to be secured by mortgage
on unencumbered real estate, to be worth at least double the
amount loaned exclusive of buildings or other perish=
=able property, but if loaned on personal security, then
not less than three good and responsible farmers to sign
the notes or bond for the same, each to be worth at least
[corresponds to labeled page 201 of Will Records Vol. 4 - 1859-1869]
201
Record of the Will of Alexander Thrall decd. June 12/65.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for Delaware County and the state
of Ohio, at his office in the town of Delaware on the
twelfth day of June A.D. 1865.
This day the last will and testament of Alexander Thrall
late of Berkshire in this county decd. was presented to
the court for probate and records. Thereupon Henry C. Frost
and William P. Frost witnesses to the said will came into Court
and were duly sworn and examined and their testimony reduced to
writing, and now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly
executed and attested; and that the testator at the time of execu=
=ting the same was of full age, and of sound mind and
memory. and not under any restraint. Thereupon the court
upon consideration thereof, orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said Alexander Thrall decd. and ordered
to be recorded as such.
Thereupon letters testamentary were granted and issued to
George E. Thrall the executor in the will, who accepted
the same and was duly qualified as such.
Copy and Record of the will.
I Alexander Thrall of Berkshire, Delaware, Ohio
through the blessings of Divine Provedence, am of sound
mind and memory, and in the enjoyment of my usual
health, for these and all other blessings I trust I am
truly grateful, do make and publish this my last will and
testament, revoking any and all other wills made by
me at any former time.
Item 1st. It is my will and request that all my just debts
be fully paid; also costs of administration, taxes assets
against my property before granting letters of admin=
=istration, subscriptions (if any) to religious and benevolent
purposes, with a plain but appropriate tombstone over
my grave.
Item 2nd. I give and bequeath unto my wife Sarah Thrall
all my furnature provisions on hand, fuel prepared
for use, one cow, the house and lot where she now lives
known as the Landon house, and six hundred dollars ($600)
in money, this to be in lieu of dower.
Item 3rd. I gave and bequeath unto my son Homer Hough
Thrall, fifteen hundred dollars ($1500) to be loaned at interest
on the most advantgeous terms, and to be secured by mortgage
on unencumbered real estate, to be worth at least double the
amount loaned exclusive of buildings or other perish=
=able property, but if loaned on personal security, then
not less than three good and responsible farmers to sign
the notes or bond for the same, each to be worth at least
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 234)
Description
[page 234]
[corresponds to labeled page 202 of Will Records Vol. 4 - 1859-1869]
202
Record of the will of Alexander Thrall June 12th 1865
double the amount in unencumbered real estate exclusive
of buildings, the interest in all cases to be paid annually and
if not paid within one month after due the principal to be col=
lected with the interest and invested as above, and after paying
the taxes, cost of taking care of the same, and a resonable
amount for Homer's support and education, if any of the
interest remains, the same to be reinvested as above;
and I do hereby appoint Orsamus D. Hough as guardian
of my said son Homer H. Thrall, and he is to control
his property.
Item 4th. I make the following bequests to George A. Thrall
and Edwin Thrall children of my son George B. Thrall to
each of them one hundred dollars; if one dies and leaves
no children, the other to receive his share.
Also to George Sherman son of my daughter Roxana Sherman
two hundred dollars ($200). Also to Horace Maynard and
Burns Maynard children of my wife's daughter Fidelia Maynard
one hundred dollars each, and I do hereby appoint George P.
Thrall my son as trustee to take care of all moneys
bequeath in this fourth item; and to be goverened in loan=
=ing the same in all respects as the guardian of my son Homer
is with his money; and in case where there is a bequest to
two children and one die the survivor to inherit; and in
case all die then the bequest to be equally divided among
the surviving brothers and sisters of the blood of the ancestor
viz, George E. Thrall's children, to his children; Roxanna Sherman's
son George to her children; and as the legatees because of
age each to receive the bequest with all interest that have
accrued except what has been legally paid for taxes & costs; but
if the legatees shall die before they arrive at full age,
then his share to be paid as above to each as he or she
shall arrive at full age.
Item 5th All the balance of my property real and personal
to be by my administrator reduced to money and to be equally
divided with with my wife Sarah and my children, George
E. Thrall, Roxanna Sherman and Homer H. Thrall, and I do
empower and hereby authorize my administrator to sell
and convey any and all real estate that I may own/except
what is bequeathed to my wife/to the best advantage either
at private or public sale, and if at private sale not less than
its appraised value, if at public sale, to be advertised at least
in five of the most public places in the heart of the county
where the property is situated, and thirty days notice to be
given, and the sale to be on the premises.
Item 6th. My daughter, Roxanna Sherman's share of the above
bequest to be kept at interest by son George E. Thrall under
the same rules and regulations as he is required in Item four,
as trustee; and to pay her annually one hundred dollars,
[corresponds to labeled page 202 of Will Records Vol. 4 - 1859-1869]
202
Record of the will of Alexander Thrall June 12th 1865
double the amount in unencumbered real estate exclusive
of buildings, the interest in all cases to be paid annually and
if not paid within one month after due the principal to be col=
lected with the interest and invested as above, and after paying
the taxes, cost of taking care of the same, and a resonable
amount for Homer's support and education, if any of the
interest remains, the same to be reinvested as above;
and I do hereby appoint Orsamus D. Hough as guardian
of my said son Homer H. Thrall, and he is to control
his property.
Item 4th. I make the following bequests to George A. Thrall
and Edwin Thrall children of my son George B. Thrall to
each of them one hundred dollars; if one dies and leaves
no children, the other to receive his share.
Also to George Sherman son of my daughter Roxana Sherman
two hundred dollars ($200). Also to Horace Maynard and
Burns Maynard children of my wife's daughter Fidelia Maynard
one hundred dollars each, and I do hereby appoint George P.
Thrall my son as trustee to take care of all moneys
bequeath in this fourth item; and to be goverened in loan=
=ing the same in all respects as the guardian of my son Homer
is with his money; and in case where there is a bequest to
two children and one die the survivor to inherit; and in
case all die then the bequest to be equally divided among
the surviving brothers and sisters of the blood of the ancestor
viz, George E. Thrall's children, to his children; Roxanna Sherman's
son George to her children; and as the legatees because of
age each to receive the bequest with all interest that have
accrued except what has been legally paid for taxes & costs; but
if the legatees shall die before they arrive at full age,
then his share to be paid as above to each as he or she
shall arrive at full age.
Item 5th All the balance of my property real and personal
to be by my administrator reduced to money and to be equally
divided with with my wife Sarah and my children, George
E. Thrall, Roxanna Sherman and Homer H. Thrall, and I do
empower and hereby authorize my administrator to sell
and convey any and all real estate that I may own/except
what is bequeathed to my wife/to the best advantage either
at private or public sale, and if at private sale not less than
its appraised value, if at public sale, to be advertised at least
in five of the most public places in the heart of the county
where the property is situated, and thirty days notice to be
given, and the sale to be on the premises.
Item 6th. My daughter, Roxanna Sherman's share of the above
bequest to be kept at interest by son George E. Thrall under
the same rules and regulations as he is required in Item four,
as trustee; and to pay her annually one hundred dollars,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 235)
Description
[page 235]
[corresponds to labeled page 203 of Will Records Vol. 4 - 1859-1869]
203
Record of the Will of Alexander Thrall, June 12th, 1865
The interest first and after that enough of the principal to make
up that sum until all is paid; but if she should die and have
a balance in his hands, then he to pay the sum to George
Sherman her son under the same regulation as he is to
pay said George Sherman in item fourth as above are authorized
and required.
Item 7th. I do hereby appoint my son George E. Thrall as
executor of this my last will and testament if he will settle
the estate for seventy five dollars in all; if not then my wife
Sarah will select an administrator.
In testimoney whereof I have hereunto set my hand and
seal this third (3rd) day of June Eighteen hundred and fifty
eight.
Signed and acknowledged by Alexander Thrall
as his last will and testament in our presence
and signed by us in his presence.
H. C. Frost }
Witnesses
W. P. Frost } (End of will.)
The State of Ohio, Delaware County, SS.
We Henry C. Frost and William P. Frost, being duly sworn in
open court this 12th day of June A.D. 1865, depose and say
that we were present at the execution of the last will and
testament of Alexander Thrall 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 being
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) H. C. Frost
W. P. Frost
Sworn to and subscribed in open court this 12th day of June
1865 before me. T. W. Powell, Probate Judge
_______________ " __________________
Record of the will of John Salmon decd. June 14th 1865.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and
State of Ohio at his office in the town of Delaware
on the 14th day of June 1865.
This day the last will and testament of John Salmon
late of this county decd. was presented to the court for
probate and record; thereupon James B. W. Haynes and
William H. Fergason witnesses to the said will came into
court and were duly sworn and examined, and their testi-
-mony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the
said will was duly executed and attested, and that the tes-
-tator at the time of executing the same was of full
[corresponds to labeled page 203 of Will Records Vol. 4 - 1859-1869]
203
Record of the Will of Alexander Thrall, June 12th, 1865
The interest first and after that enough of the principal to make
up that sum until all is paid; but if she should die and have
a balance in his hands, then he to pay the sum to George
Sherman her son under the same regulation as he is to
pay said George Sherman in item fourth as above are authorized
and required.
Item 7th. I do hereby appoint my son George E. Thrall as
executor of this my last will and testament if he will settle
the estate for seventy five dollars in all; if not then my wife
Sarah will select an administrator.
In testimoney whereof I have hereunto set my hand and
seal this third (3rd) day of June Eighteen hundred and fifty
eight.
Signed and acknowledged by Alexander Thrall
as his last will and testament in our presence
and signed by us in his presence.
H. C. Frost }
Witnesses
W. P. Frost } (End of will.)
The State of Ohio, Delaware County, SS.
We Henry C. Frost and William P. Frost, being duly sworn in
open court this 12th day of June A.D. 1865, depose and say
that we were present at the execution of the last will and
testament of Alexander Thrall 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 being
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) H. C. Frost
W. P. Frost
Sworn to and subscribed in open court this 12th day of June
1865 before me. T. W. Powell, Probate Judge
_______________ " __________________
Record of the will of John Salmon decd. June 14th 1865.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and
State of Ohio at his office in the town of Delaware
on the 14th day of June 1865.
This day the last will and testament of John Salmon
late of this county decd. was presented to the court for
probate and record; thereupon James B. W. Haynes and
William H. Fergason witnesses to the said will came into
court and were duly sworn and examined, and their testi-
-mony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the
said will was duly executed and attested, and that the tes-
-tator at the time of executing the same was of full
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 236)
Description
[page 236]
[corresponds to labeled page 204 of Will Records Vol. 4 - 1859-1869]
age, and of sound mind and memory and not under any
restraint; therefore the court, upon conditions thereof, orders
that the said will be admitted to probate as duly proved as
the last will and testament of the said John Salmon decd.
and orders to be recorded as such.
And therefore the widow Mrs. Anna Salmon came
into court and made her election to take under
the will. (see the journal entry).
Copy and record of the will and testimony :___
In the name of the Benevolent Father of All.
I John Salmon of Delaware County, Ohio, do make
and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife, in lieu of
her dower, the farm on which I now reside, containing
about one hundred acres during her natural life; and
all the stock, except one horse; house hold furnature, goods
provisions and other chattels which may be thereon at the
time of my decease during her natural life and aforesaid;
She, however, selling so much thereof as may be
sufficient to pay my just debts, in case any remain unpaid
at my decease.
Item 2nd. I give and devise to my son James Salmon one horse.
Item 3rd. At the death of my said wife the real estate aforesaid, and
such part of the personal property on the proceeds thereof as may
then remain unconsumed and unexpended, I give and devise
to my sons Benjamin Salmon and James Salmon and my daughter
Mixenda Shoemaker to be divided equally between them.
Item 4th. I do hereby nominate and appoint my beloved wife Anna
Salmon and my son James Salmon, 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 fit and proper the debts and claims due me.
I do also authorize them to empower them if it shall become
necessary in order to pay my debts (if any) to sell by private
sale or in such manner how much terms of credit or otherwise -
as they may think proper any part of my personal property.
In testimony whereof I have hereunto set my hand and seal,
his
this 22nd day of February A.D. 1858 (signed) John X Salmon (seal)
mark
signed and acknowledged by said John Salmon
as his last will and testament in our presence
and signed by us in his presence.
(signed) J. B. W. Haynes
W. H. Fergason. (end of will).
The State of Ohio, Delaware County, SS.
We, James B. W. Haynes and William H. Fergason being duly
sworn in open court this 26th day of April A.D. 1865, depose and
say that we were present at the execution of the last will and
[corresponds to labeled page 204 of Will Records Vol. 4 - 1859-1869]
age, and of sound mind and memory and not under any
restraint; therefore the court, upon conditions thereof, orders
that the said will be admitted to probate as duly proved as
the last will and testament of the said John Salmon decd.
and orders to be recorded as such.
And therefore the widow Mrs. Anna Salmon came
into court and made her election to take under
the will. (see the journal entry).
Copy and record of the will and testimony :___
In the name of the Benevolent Father of All.
I John Salmon of Delaware County, Ohio, do make
and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife, in lieu of
her dower, the farm on which I now reside, containing
about one hundred acres during her natural life; and
all the stock, except one horse; house hold furnature, goods
provisions and other chattels which may be thereon at the
time of my decease during her natural life and aforesaid;
She, however, selling so much thereof as may be
sufficient to pay my just debts, in case any remain unpaid
at my decease.
Item 2nd. I give and devise to my son James Salmon one horse.
Item 3rd. At the death of my said wife the real estate aforesaid, and
such part of the personal property on the proceeds thereof as may
then remain unconsumed and unexpended, I give and devise
to my sons Benjamin Salmon and James Salmon and my daughter
Mixenda Shoemaker to be divided equally between them.
Item 4th. I do hereby nominate and appoint my beloved wife Anna
Salmon and my son James Salmon, 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 fit and proper the debts and claims due me.
I do also authorize them to empower them if it shall become
necessary in order to pay my debts (if any) to sell by private
sale or in such manner how much terms of credit or otherwise -
as they may think proper any part of my personal property.
In testimony whereof I have hereunto set my hand and seal,
his
this 22nd day of February A.D. 1858 (signed) John X Salmon (seal)
mark
signed and acknowledged by said John Salmon
as his last will and testament in our presence
and signed by us in his presence.
(signed) J. B. W. Haynes
W. H. Fergason. (end of will).
The State of Ohio, Delaware County, SS.
We, James B. W. Haynes and William H. Fergason being duly
sworn in open court this 26th day of April A.D. 1865, depose and
say that we were present at the execution of the last will and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 237)
Description
[page 237]
[corresponds to labeled page 205 of Will Records Vol. 4 - 1859-1869]
205.
Record of the Will of John Salmon decd. June 14th, 1865
testament of John Salmon hereto annexed; that we saw him
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. (signed) J. B. W. Haynes
William H. Fergason
Sworn to and subscribed before me this 26th day of April A.D. 1865
T. W. Powell Probate Judge
__________ = __________
Record of the will of Abdiel McAllister decd.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the
15th day of July 1865. to wit: _____
On 14th day of April last, the last will and testament of
Abdiel McAllister late of said county decd. was presented
for probate and records: thereupon Robert Wilson, one of the
witnesses to the said will, came into court, was duly sworn and
examined, and his testimoney reduced to writing, and now annexed
to the will and filed therewith, and it appearing that A. S. McMillen
the other witness to said will is decd.; thereupon on this day came
into court Henry Hodgden who was duly sworn and examined
and his testimoney in like manner reduced to writing and an-
-nexed to the said will and filed therewith; and thereupon it appearing
to the court that the said will was duly executed and attested, and
that the testator at the time of executing the same, was of full
age, and of sound mind and memory, and not under any restraints,
thereupon the court upon consideration thereof orders that the
said will be admitted to probate as duly proved as the last
will and testament of the said Abdiel McAllister decd. and ordered
to be recorded as such.
Copy and record of the will and testimony: _____
In the name of God Amen. I Abdiel McAllister
of the County of Delaware, and State of Ohio; being weak in
body, but sound in mind memory and understanding do make
and publish this my last will and testament; hereby revoking
and making void all former wills by me at any time made;
and first it is my will that my funeral expenses and all my just
debts be fully paid by my executors or Administrators out of
my estate; and secondly I will and bequeath to my beloved
and affectionate wife Lucinda, all the residue of my estate
both real and personal, for her sole use, during her natural
life; and after her decease what remains to be equally divided
amongst my legal heirs - the heirs of my daughter Sarah E. to
draw their mother's share, and also the heirs of my daughter -
[corresponds to labeled page 205 of Will Records Vol. 4 - 1859-1869]
205.
Record of the Will of John Salmon decd. June 14th, 1865
testament of John Salmon hereto annexed; that we saw him
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. (signed) J. B. W. Haynes
William H. Fergason
Sworn to and subscribed before me this 26th day of April A.D. 1865
T. W. Powell Probate Judge
__________ = __________
Record of the will of Abdiel McAllister decd.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State
of Ohio at his office in the Town of Delaware on the
15th day of July 1865. to wit: _____
On 14th day of April last, the last will and testament of
Abdiel McAllister late of said county decd. was presented
for probate and records: thereupon Robert Wilson, one of the
witnesses to the said will, came into court, was duly sworn and
examined, and his testimoney reduced to writing, and now annexed
to the will and filed therewith, and it appearing that A. S. McMillen
the other witness to said will is decd.; thereupon on this day came
into court Henry Hodgden who was duly sworn and examined
and his testimoney in like manner reduced to writing and an-
-nexed to the said will and filed therewith; and thereupon it appearing
to the court that the said will was duly executed and attested, and
that the testator at the time of executing the same, was of full
age, and of sound mind and memory, and not under any restraints,
thereupon the court upon consideration thereof orders that the
said will be admitted to probate as duly proved as the last
will and testament of the said Abdiel McAllister decd. and ordered
to be recorded as such.
Copy and record of the will and testimony: _____
In the name of God Amen. I Abdiel McAllister
of the County of Delaware, and State of Ohio; being weak in
body, but sound in mind memory and understanding do make
and publish this my last will and testament; hereby revoking
and making void all former wills by me at any time made;
and first it is my will that my funeral expenses and all my just
debts be fully paid by my executors or Administrators out of
my estate; and secondly I will and bequeath to my beloved
and affectionate wife Lucinda, all the residue of my estate
both real and personal, for her sole use, during her natural
life; and after her decease what remains to be equally divided
amongst my legal heirs - the heirs of my daughter Sarah E. to
draw their mother's share, and also the heirs of my daughter -
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 238)
Description
[page 238]
[corresponds to labeled page 206 of Will Records Vol. 4 - 1859-1869]
206
Records of the will of Abdiel McAllister decd. July 15th 1865.
Agness S. to draw their mother's share -- the shares of these
minor heirs of my daughters is to remain in the hands
of my son Richard T. McAllister until they arrive to a
mature age.
In testimony whereof I have hereunto set my hand and
seal this 21st day of January A.D. 1858.
Signed published and declared by the (signed) Abdiel McAllister
above-named Abdiel McAllister
as for his last will and testament
in presence of us, who at his
request have signed and witnessed
the same. A. S. McMillen
Robert Willson (end of the will).
Record of testimony
The State of Ohio, Delaware County. SS.
We Robert Willson and being duly sworn
in open court this 14th day of April A.D. 1865 depose and say
that we were present at the execution of the last will and
testament of Abdiel McAllister 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.
(signed) Robert Wilson
Sworn to and subscribed before me this 14th day of April A.D. 1865.
T. W. Powell, Probate Judge
The State of Ohio, Delaware County, SS.
Henry Hodgden being duly sworn in open court upon
his oath deposes and says that he has examined the signatures
of the witnesses and testator to the will of Abdiel McAllister hereto
annexed, and says he is well acquainted with the hand writing
and signature of A. T. McMillen one of the witnesses thereto,
having frequently seen him write, and say the said signature is
with the hand writing and signature of said Abdiel McAllister
the testator, having frequently seen his signature is
his as witnessed to said will. And further says that I am acquainted
with the hand writing and signature of said Abdiel McAllister
the testator, having frequently seen his signature, and says that the
said signature of said Abdiel McAllister to said will is true and
genuine, as I verily believe. Said McMillen is now deceased.
(signed) Henry Hodgden,
Sworn to & subscribed this 15th day of July 1865.
T. W. Powell Probate Judge
[corresponds to labeled page 206 of Will Records Vol. 4 - 1859-1869]
206
Records of the will of Abdiel McAllister decd. July 15th 1865.
Agness S. to draw their mother's share -- the shares of these
minor heirs of my daughters is to remain in the hands
of my son Richard T. McAllister until they arrive to a
mature age.
In testimony whereof I have hereunto set my hand and
seal this 21st day of January A.D. 1858.
Signed published and declared by the (signed) Abdiel McAllister
above-named Abdiel McAllister
as for his last will and testament
in presence of us, who at his
request have signed and witnessed
the same. A. S. McMillen
Robert Willson (end of the will).
Record of testimony
The State of Ohio, Delaware County. SS.
We Robert Willson and being duly sworn
in open court this 14th day of April A.D. 1865 depose and say
that we were present at the execution of the last will and
testament of Abdiel McAllister 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.
(signed) Robert Wilson
Sworn to and subscribed before me this 14th day of April A.D. 1865.
T. W. Powell, Probate Judge
The State of Ohio, Delaware County, SS.
Henry Hodgden being duly sworn in open court upon
his oath deposes and says that he has examined the signatures
of the witnesses and testator to the will of Abdiel McAllister hereto
annexed, and says he is well acquainted with the hand writing
and signature of A. T. McMillen one of the witnesses thereto,
having frequently seen him write, and say the said signature is
with the hand writing and signature of said Abdiel McAllister
the testator, having frequently seen his signature is
his as witnessed to said will. And further says that I am acquainted
with the hand writing and signature of said Abdiel McAllister
the testator, having frequently seen his signature, and says that the
said signature of said Abdiel McAllister to said will is true and
genuine, as I verily believe. Said McMillen is now deceased.
(signed) Henry Hodgden,
Sworn to & subscribed this 15th day of July 1865.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 239)
Description
[page 239]
[corresponds to labeled page 207 of Will Records Vol. 4 - 1859-1869]
207
Record of the will of William G. Van Sickle decd. August 15th 1865.
Proceedings had before Thomas W. Powell judge
of the Probate Court in and for the County of Delaware and State
of Ohio, at his office in the town of Delaware on the 15th
day of August A.D. 1865 to wit: _____
This day the last will and testament of William G. Van Sickle
late of Kingston Township in this county decd. was produced to
the court for probate and record. Thereupon Henry Hodgden
and Amos Utley witnesses to the said will came into court
and were duly sworn as examined, and their testimoney reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the said William
G. Van Sickle decd. and ordered to be recorded as such.
Copy and record of the will and testimony: _____
I William G. Van Sickle being of sound mind and memory
and in my usual health; for which I trust I truly thankful
to Divine Providence do make and publish this my last
will and testament.
Item 1st. It is my will and bequest that my son Emmerson
D. VanSickle shall have all my real estate and personal
property upon these conditions, that he is to pay all just
debts and legal demands against my estate; to take all
reasonable care of my wife, both in sickness and in health,
furnishing her with medical attendance and nurses, cloth-
-ing and in short every thing that is necessary for her comfort
and convenience of a person of her age and circumstances,
in life, this during her natural life.
Also he is to pay my son William J. Van Sickle three
thousand dollars, to be paid as follows, viz. when he is of age,
(if that is after my death) five hundred dollars, one year after
that time five hundred dollars, one year after that time six
hundred dollars, also at the expiration of another year eight hundred
dollars, thus at the end of each and every year one payment is
to be made until all is paid; all to be on interest after one
year from my death.
Item 3rd As I have given to my son Alfred S. Van Sickle one
hundred acres of land with three thousand dollars, which I con-
-sider his full share in my property, therefore, I have not
devised any more of my property to him.
Item 4th I do hereby appoint my son Emmerson D. Van
Sickle as administrator of this my last will and testament
[corresponds to labeled page 207 of Will Records Vol. 4 - 1859-1869]
207
Record of the will of William G. Van Sickle decd. August 15th 1865.
Proceedings had before Thomas W. Powell judge
of the Probate Court in and for the County of Delaware and State
of Ohio, at his office in the town of Delaware on the 15th
day of August A.D. 1865 to wit: _____
This day the last will and testament of William G. Van Sickle
late of Kingston Township in this county decd. was produced to
the court for probate and record. Thereupon Henry Hodgden
and Amos Utley witnesses to the said will came into court
and were duly sworn as examined, and their testimoney reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the same
was of full age, and of sound mind and memory and not
under any restraint; thereupon the court upon consideration
thereof orders that the said will be admitted to probate as
duly proved as the last will and testament of the said William
G. Van Sickle decd. and ordered to be recorded as such.
Copy and record of the will and testimony: _____
I William G. Van Sickle being of sound mind and memory
and in my usual health; for which I trust I truly thankful
to Divine Providence do make and publish this my last
will and testament.
Item 1st. It is my will and bequest that my son Emmerson
D. VanSickle shall have all my real estate and personal
property upon these conditions, that he is to pay all just
debts and legal demands against my estate; to take all
reasonable care of my wife, both in sickness and in health,
furnishing her with medical attendance and nurses, cloth-
-ing and in short every thing that is necessary for her comfort
and convenience of a person of her age and circumstances,
in life, this during her natural life.
Also he is to pay my son William J. Van Sickle three
thousand dollars, to be paid as follows, viz. when he is of age,
(if that is after my death) five hundred dollars, one year after
that time five hundred dollars, one year after that time six
hundred dollars, also at the expiration of another year eight hundred
dollars, thus at the end of each and every year one payment is
to be made until all is paid; all to be on interest after one
year from my death.
Item 3rd As I have given to my son Alfred S. Van Sickle one
hundred acres of land with three thousand dollars, which I con-
-sider his full share in my property, therefore, I have not
devised any more of my property to him.
Item 4th I do hereby appoint my son Emmerson D. Van
Sickle as administrator of this my last will and testament
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 240)
Description
[page 240]
[corresponds to labeled page 208 of Will Records Vol. 4 - 1859-1869]
208
Record of the Will of William G. Van Sickle decd. August 15th 1865
and do authorize and empower him to sell my real estate
if necessary to pay legal demands or legacies, to be sold
at either public or private sale, or the most advantageous
terms, and execute a good and sufficient deed therefore.
In testimoney whereof I have set my hand and seal this
16th day Sept. 1858 (signed) Wm. G. Van Sickle
signed and sealed in the presence of
Henry Hodgden
Amos Utley (end of the will.)
Record of the testimony: _____
The State of Ohio Delaware County SS
In the matter of the last will and testament of William G. Van Sickle
of Kingston Tp. in this county deceased.
We Henry Hodgden and Amos Utley being duly sworn in
open court this 15th day of August A.D. 1865, depose and say
that we were present at the execution of the last will and test-
ament of William G. Van Sickle of Kingston Township 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.
(signed) Henry Hodgden
Amos Utley.
Sworn to and subscribed before me in the Probate Court
this 15th day of August A.D. 1865. T. W. Powell, Probate Judge
____________________ = __________________
Record
of the will of Isaac Curren decd. August 18th, 1865.
Proceedings held before Thomas W. Powell Judge
of the Probate Court in and for the county of Delaware
and State of Ohio, at his office in the town of Delaware
on the 18th day of August A.D. 1865 to wit: _____
This day the last will and testament of Isaac Curren
late of Radnor Township in this county was presented to the
court for probate and records. Hereupon Elijah Dix and
James P. Osborn witnesses to the said will came into court and
were duly sworn and examined and their testimony reduced
to writing as now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed
and attested; and that the testator at the time of executing the
same was of full age, and of sound mind and memory, and not
under any restraint; thereupon the court upon consideration
thereof orders that this said will be admitted to probate as
duly proved as the last will and testament of the said Isaac
Curren decd. and ordered to be recorded as such.
[corresponds to labeled page 208 of Will Records Vol. 4 - 1859-1869]
208
Record of the Will of William G. Van Sickle decd. August 15th 1865
and do authorize and empower him to sell my real estate
if necessary to pay legal demands or legacies, to be sold
at either public or private sale, or the most advantageous
terms, and execute a good and sufficient deed therefore.
In testimoney whereof I have set my hand and seal this
16th day Sept. 1858 (signed) Wm. G. Van Sickle
signed and sealed in the presence of
Henry Hodgden
Amos Utley (end of the will.)
Record of the testimony: _____
The State of Ohio Delaware County SS
In the matter of the last will and testament of William G. Van Sickle
of Kingston Tp. in this county deceased.
We Henry Hodgden and Amos Utley being duly sworn in
open court this 15th day of August A.D. 1865, depose and say
that we were present at the execution of the last will and test-
ament of William G. Van Sickle of Kingston Township 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.
(signed) Henry Hodgden
Amos Utley.
Sworn to and subscribed before me in the Probate Court
this 15th day of August A.D. 1865. T. W. Powell, Probate Judge
____________________ = __________________
Record
of the will of Isaac Curren decd. August 18th, 1865.
Proceedings held before Thomas W. Powell Judge
of the Probate Court in and for the county of Delaware
and State of Ohio, at his office in the town of Delaware
on the 18th day of August A.D. 1865 to wit: _____
This day the last will and testament of Isaac Curren
late of Radnor Township in this county was presented to the
court for probate and records. Hereupon Elijah Dix and
James P. Osborn witnesses to the said will came into court and
were duly sworn and examined and their testimony reduced
to writing as now annexed to the will and filed therewith;
and it appearing to the court that the said will was duly executed
and attested; and that the testator at the time of executing the
same was of full age, and of sound mind and memory, and not
under any restraint; thereupon the court upon consideration
thereof orders that this said will be admitted to probate as
duly proved as the last will and testament of the said Isaac
Curren decd. and ordered to be recorded as such.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 241)
Description
[page 241]
[corresponds to labeled page 209 of Will Records Vol. 4 - 1859-1869]
209
Record of the will of Isaac Curren decd. August 18th, 1865.
Copy and records of the will and testimony.
In the name of the Benevolent Father of all.
In view of the certainty of death and the uncertainty
of life; I Isaac Curren of the Township of Radnor, Delaware
County, Ohio, do make and publish this my last will and testament.
First: I give and devise to my beloved wife the farm on which
we now reside situate in the county Delaware and State of Ohio,
and in Radnor Township being lot 20, Range 20, Township 6,
Section 1, U. S. M. containing one hundred acres; and I further
give and devise to my beloved wife sixteen and 2/3 acres
of land being the undivided one third of fifty acres in
lot number 21 in T. R. & Section above named; during the
life time of my said wife and upon her death then I give
and bequeath to my daughter Catharine Ellen fifty acres
off of the South side on the south half of the farm on
which I now reside, of which a life estate is bequeath to
my said wife. Also on the demise of my said wife I give
and bequeath to my before named daugther Catharine
Ellen the sixteen and 2/3 acres, being the undivided one third
of fifty acres in lot No. 21 in Township Section of Range
before mentioned.
Thirdly. On the death of my said wife I give and bequeath
the north half of the lot on which I now reside (being fifty
acres of land before described) equally to my son Henry
Curren and my son Joseph Curren and my daughter
Mariah Cushman and my daughter Mary Ann Lodwig.
Fourthly, I give and bequeath all of my personal property
to my said wife Nancy Curren, and she is to pay all my just
debts; and upon her death, whatever remaining of said personal
property, I give and bequeath equally to all of my sons
and daughters, to wit; Henry Curren, Joseph Curren, Mariah
Cushman, Mary Ann Lodwig and Catharine Ellen Curren.
Fifthly. 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.
Sixthly. I do hereby nominate and appoint my wife
Nancy Curren and my son Henry Curren Executors of
my last will and testament.
In testimony hereof I have hereupon set my hand
and seal this 21 day of November in the year 1864.
Signed and acknowledged by said (signed) Isaac Curren (seal)
Isaac Curren as his last will
and testament in our presence,
and signed by us in his presence.
(signed) Elijah Dix.
James R. Osborn. (end of the will)
[corresponds to labeled page 209 of Will Records Vol. 4 - 1859-1869]
209
Record of the will of Isaac Curren decd. August 18th, 1865.
Copy and records of the will and testimony.
In the name of the Benevolent Father of all.
In view of the certainty of death and the uncertainty
of life; I Isaac Curren of the Township of Radnor, Delaware
County, Ohio, do make and publish this my last will and testament.
First: I give and devise to my beloved wife the farm on which
we now reside situate in the county Delaware and State of Ohio,
and in Radnor Township being lot 20, Range 20, Township 6,
Section 1, U. S. M. containing one hundred acres; and I further
give and devise to my beloved wife sixteen and 2/3 acres
of land being the undivided one third of fifty acres in
lot number 21 in T. R. & Section above named; during the
life time of my said wife and upon her death then I give
and bequeath to my daughter Catharine Ellen fifty acres
off of the South side on the south half of the farm on
which I now reside, of which a life estate is bequeath to
my said wife. Also on the demise of my said wife I give
and bequeath to my before named daugther Catharine
Ellen the sixteen and 2/3 acres, being the undivided one third
of fifty acres in lot No. 21 in Township Section of Range
before mentioned.
Thirdly. On the death of my said wife I give and bequeath
the north half of the lot on which I now reside (being fifty
acres of land before described) equally to my son Henry
Curren and my son Joseph Curren and my daughter
Mariah Cushman and my daughter Mary Ann Lodwig.
Fourthly, I give and bequeath all of my personal property
to my said wife Nancy Curren, and she is to pay all my just
debts; and upon her death, whatever remaining of said personal
property, I give and bequeath equally to all of my sons
and daughters, to wit; Henry Curren, Joseph Curren, Mariah
Cushman, Mary Ann Lodwig and Catharine Ellen Curren.
Fifthly. 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.
Sixthly. I do hereby nominate and appoint my wife
Nancy Curren and my son Henry Curren Executors of
my last will and testament.
In testimony hereof I have hereupon set my hand
and seal this 21 day of November in the year 1864.
Signed and acknowledged by said (signed) Isaac Curren (seal)
Isaac Curren as his last will
and testament in our presence,
and signed by us in his presence.
(signed) Elijah Dix.
James R. Osborn. (end of the will)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 242)
Description
[page 242]
[corresponds to labeled page 210 of Will Records Vol. 4 - 1859-1869]
210
Record of the Will of Isaac Curren decd. August 18th, 1865.
Record of the testimony. _____
The State of Ohio, Delaware County Ss.
In the matter of the will and testament of Issac Curren late
of Radnor Township deceased.
We Elijah Dix and James P. Osborn being duly sworn
in open court this 18th day of August A.D. 1865, depose and
say, that we were present at the execution of the last will
and testament of Isaac Curren of Radnor Township
hereto annexed, that we saw the said testator subscribe said
will, and heard him publish and declare that 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 as in his
presence, and in the presence of each other.
(signed) E. Dix.
James P. Osborn.
Sworn to and subscribed before me in the Probate Court this 18th
day of August A.D. 1865 T. W. Powell Probate Judge
__________ = __________
Record of the Will of Noble Andrew decd. August 2th 1865
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 25th day of
August 1865. to wit: _____
This day Mr. Jonas Harrison (the Executor) presents the last
will and testament of Noble Andrew of Porter Township decd to
the court for probate and record. Thereupon Thompson Roberts
and Lafayette Vining witnesses to the said will came into court
and were duly sworn and examined and their testimony reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory and not
under any restraint. - Thereupon the Court upon consider=
ation thereof orders that the said will be admitted to probate
as the last will and testament of the said Noble Andrew decd. and
ordered that the same be recorded as such.
Copy and records of the will and testimony:
I Noble Andrew of the Township of Porter in the county
of Delaware and State of Ohio, being of sound mind, memory and
understanding do make and publish this my last will and testament
in manner and form following: _____
First. It is my will that all my funeral expenses be paid, and
and all my just and lawful debts.
And Secondly; I give and bequeath to my wife Charlotte Andrew
for and during the period of her lifetime the use and occupancy of
[corresponds to labeled page 210 of Will Records Vol. 4 - 1859-1869]
210
Record of the Will of Isaac Curren decd. August 18th, 1865.
Record of the testimony. _____
The State of Ohio, Delaware County Ss.
In the matter of the will and testament of Issac Curren late
of Radnor Township deceased.
We Elijah Dix and James P. Osborn being duly sworn
in open court this 18th day of August A.D. 1865, depose and
say, that we were present at the execution of the last will
and testament of Isaac Curren of Radnor Township
hereto annexed, that we saw the said testator subscribe said
will, and heard him publish and declare that 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 as in his
presence, and in the presence of each other.
(signed) E. Dix.
James P. Osborn.
Sworn to and subscribed before me in the Probate Court this 18th
day of August A.D. 1865 T. W. Powell Probate Judge
__________ = __________
Record of the Will of Noble Andrew decd. August 2th 1865
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 25th day of
August 1865. to wit: _____
This day Mr. Jonas Harrison (the Executor) presents the last
will and testament of Noble Andrew of Porter Township decd to
the court for probate and record. Thereupon Thompson Roberts
and Lafayette Vining witnesses to the said will came into court
and were duly sworn and examined and their testimony reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed
and attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory and not
under any restraint. - Thereupon the Court upon consider=
ation thereof orders that the said will be admitted to probate
as the last will and testament of the said Noble Andrew decd. and
ordered that the same be recorded as such.
Copy and records of the will and testimony:
I Noble Andrew of the Township of Porter in the county
of Delaware and State of Ohio, being of sound mind, memory and
understanding do make and publish this my last will and testament
in manner and form following: _____
First. It is my will that all my funeral expenses be paid, and
and all my just and lawful debts.
And Secondly; I give and bequeath to my wife Charlotte Andrew
for and during the period of her lifetime the use and occupancy of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 243)
Description
[page 243]
[corresponds to labeled page 211 of Will Records Vol. 4 - 1859-1869]
211
Record of the Will of Noble Andrew decd. August 25th 1865.
of the house and lot of land on which we now reside, situ
-ated in the said Porter Township, Delaware County and State of
Ohio, and also all of my personal property for her own use
during her lifetime.
And I do bequeath to Charlotte June and Anne Eliza
Andrew, daughters of my son Issac deceased when they
become of lawful age, the house and lot of land with all
the improvements belonging thereto, joining the place where
I now live, on the south, and being the house and lot for-
-merly occupied by my son Isaac decd. and Catharine Andrew
his wife; and I do further bequeath to my above named grand
daugthers at the decease of my wife a lot of land described
as follows, lying on the north of the above name lot,
commencing in the center of the county road leading from
Olive Green to Macedonia on a parallel line with a
board fence running east and west near and on the North
side of the house above named; thence northerly along the
center of said county road fourteen rods and seven feet; thence
west to the land now owned by Thompson Roberts; thence south
along the east line of said land fourteen rods and seven feet
to the above named board fence; thence east along said fence
to the place of beginning; And I do also bequeath to Catharine
Andrew wife of my son Isaac deceased the use of the house
and lot above named during the minor years of the said Charlotte
Jane and Ann Eliza Andrew, and also the use of the vacant
lot of land above described after my wife's decease, until said
Children shall become of age, if so be that my wife's decease
should occur before the said children shall become of age.
And all the parts of my estate whatsoever which may remain
unexpended in the bequests aforesaid and such as may be left
at the decease of my wife, I do give and bequeath to my son
Richard Andrew and my daughter Melvina Vanwert, to be divi-
-ded as follows: my son Richard to have the homestead lot where
we now live by paying my daugther Melvina fifty dollars.
And I do hereby nominate and appoint Jonas Harrison
Executor of this my last will and testament, hereby authorizing him
and empowering him to compromise and adjust, release and discharge
in such manner as he may deem proper debts and claims due
to me; and I do authorize and empower him if it be found necessary
in order to pay my debts as the stipulation of this my last will
and testament, to sell by private sale or otherwise so much of my
property, personal or real as may be found necessary to pay
my debts. In testimony whereof I have hereunto set my hand this seven-
-teenth day of March in the year of our Lord one thousand eight hundred and
sixty four. (signed) Noble Andrew.
Signed and acknowledged by said Noble Andrew as his last will
and testament in our presence and signed by each of us in his
presence, and by his request. (signed) Thompson Roberts
Lafayette Vining (end of will)
[corresponds to labeled page 211 of Will Records Vol. 4 - 1859-1869]
211
Record of the Will of Noble Andrew decd. August 25th 1865.
of the house and lot of land on which we now reside, situ
-ated in the said Porter Township, Delaware County and State of
Ohio, and also all of my personal property for her own use
during her lifetime.
And I do bequeath to Charlotte June and Anne Eliza
Andrew, daughters of my son Issac deceased when they
become of lawful age, the house and lot of land with all
the improvements belonging thereto, joining the place where
I now live, on the south, and being the house and lot for-
-merly occupied by my son Isaac decd. and Catharine Andrew
his wife; and I do further bequeath to my above named grand
daugthers at the decease of my wife a lot of land described
as follows, lying on the north of the above name lot,
commencing in the center of the county road leading from
Olive Green to Macedonia on a parallel line with a
board fence running east and west near and on the North
side of the house above named; thence northerly along the
center of said county road fourteen rods and seven feet; thence
west to the land now owned by Thompson Roberts; thence south
along the east line of said land fourteen rods and seven feet
to the above named board fence; thence east along said fence
to the place of beginning; And I do also bequeath to Catharine
Andrew wife of my son Isaac deceased the use of the house
and lot above named during the minor years of the said Charlotte
Jane and Ann Eliza Andrew, and also the use of the vacant
lot of land above described after my wife's decease, until said
Children shall become of age, if so be that my wife's decease
should occur before the said children shall become of age.
And all the parts of my estate whatsoever which may remain
unexpended in the bequests aforesaid and such as may be left
at the decease of my wife, I do give and bequeath to my son
Richard Andrew and my daughter Melvina Vanwert, to be divi-
-ded as follows: my son Richard to have the homestead lot where
we now live by paying my daugther Melvina fifty dollars.
And I do hereby nominate and appoint Jonas Harrison
Executor of this my last will and testament, hereby authorizing him
and empowering him to compromise and adjust, release and discharge
in such manner as he may deem proper debts and claims due
to me; and I do authorize and empower him if it be found necessary
in order to pay my debts as the stipulation of this my last will
and testament, to sell by private sale or otherwise so much of my
property, personal or real as may be found necessary to pay
my debts. In testimony whereof I have hereunto set my hand this seven-
-teenth day of March in the year of our Lord one thousand eight hundred and
sixty four. (signed) Noble Andrew.
Signed and acknowledged by said Noble Andrew as his last will
and testament in our presence and signed by each of us in his
presence, and by his request. (signed) Thompson Roberts
Lafayette Vining (end of will)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 244)
Description
[page 244]
[corresponds to labeled page 212 of Will Records Vol. 4 - 1859-1869]
212
Record of the will of Noble Andrews decd. August 25th 1865.
Record of the testimony to wit: _____
The state of Ohio, Delaware County Ss
In the matter of the last will and testament of Noble Andrew decd.
late of Porter Tp Delaware County decd.
We Thompson Roberts and Lafayette Vining being duly sworn
in open court this 25th day of August A.D. 1865, depose and say that
we were present at the execution of the last will and testament of
Noble Andrew of Porter Township in this county hereto
annexed that we saw 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 mind and memory, and not under
any restraint, and that we signed the same as witnessed at his
request, and in his presence and in the presence of each other.
(signed) Thompson Roberts
Lafayette Vining.
Sworn to and subscribed before me in the Probate Court
this 25th day of August A.D. 1865. T. W. Powell
__________ = __________
Record of the will of William L. Welch decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and State
of Ohio at his office in the town of Delaware on the 10th
day of October A.D. 1865.
This day Arabel Welch presents to the court the last will
and testament of William L. Welch late of Delaware decd. for
probate and records. Thereupon Henry W. Chamberlain
and John Wolfley witnesses to the said will came into court and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the will and filed therewith, and
it appearing to the court that the said will was duly executed and
attested and that the testator at the time of executing the same
was of full age and of sound mind and memory and not under
any restraint, thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said William L. Welch decd.
and ordered to be recorded as such.
Thereupon letters testamentary were granted unto Asahel Welch,
Sally Welch and Luretta Welch the three executors named in the
will who gave bonds in the sum of $5000 with W. Chamberlain
John Wolfley and Charles Stenbeck their surities. The executors being
the residuary legatees gave bonds conditioned that they
pay all the debts and legacies of the testator. And the execu-
-tors are not required to inventory the estate.
Copy and record of the said will.
In the name of God, Amen.
I William S. Welch of Delaware County, Ohio, being of
[corresponds to labeled page 212 of Will Records Vol. 4 - 1859-1869]
212
Record of the will of Noble Andrews decd. August 25th 1865.
Record of the testimony to wit: _____
The state of Ohio, Delaware County Ss
In the matter of the last will and testament of Noble Andrew decd.
late of Porter Tp Delaware County decd.
We Thompson Roberts and Lafayette Vining being duly sworn
in open court this 25th day of August A.D. 1865, depose and say that
we were present at the execution of the last will and testament of
Noble Andrew of Porter Township in this county hereto
annexed that we saw 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 mind and memory, and not under
any restraint, and that we signed the same as witnessed at his
request, and in his presence and in the presence of each other.
(signed) Thompson Roberts
Lafayette Vining.
Sworn to and subscribed before me in the Probate Court
this 25th day of August A.D. 1865. T. W. Powell
__________ = __________
Record of the will of William L. Welch decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and State
of Ohio at his office in the town of Delaware on the 10th
day of October A.D. 1865.
This day Arabel Welch presents to the court the last will
and testament of William L. Welch late of Delaware decd. for
probate and records. Thereupon Henry W. Chamberlain
and John Wolfley witnesses to the said will came into court and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the will and filed therewith, and
it appearing to the court that the said will was duly executed and
attested and that the testator at the time of executing the same
was of full age and of sound mind and memory and not under
any restraint, thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said William L. Welch decd.
and ordered to be recorded as such.
Thereupon letters testamentary were granted unto Asahel Welch,
Sally Welch and Luretta Welch the three executors named in the
will who gave bonds in the sum of $5000 with W. Chamberlain
John Wolfley and Charles Stenbeck their surities. The executors being
the residuary legatees gave bonds conditioned that they
pay all the debts and legacies of the testator. And the execu-
-tors are not required to inventory the estate.
Copy and record of the said will.
In the name of God, Amen.
I William S. Welch of Delaware County, Ohio, being of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 245)
Description
[page 245]
[corresponds to labeled page 213 of Will Records Vol. 4 - 1859-1869]
213
of sound mind and disposing memory, but weak
in body, do make and publish this my last will and testament.
First. I will and direct, that all my just and legal debts be first
paid out of my estate.
Second. I hereby devise and bequeath unto my sisters
Sallie Welch and Luriella Welch and unto my brother
Asahel Welch, all my property both real and personal
wherever situated, and of whatever nature. To have and to
hold until them and their heirs and assigns forever share
and share alike.
Third. I hereby appoint and constitute Sallie Welch, Lu-
rietta Welch and Asahel Welch as the executors of
this my last will and testament; hereby revoking and annul-
-ling all former wills by me made, and declaring this
and this only to be my last will and testament.
In testimony whereof I have hereunto set my hand
and seal this 5th day of April A.D. 1865.
Signed, sealed and published by this said (signed) W. L. Welch
William L. Welch as for his last
will and testament in our presence
and we at his request, signed the same
in his presence and in the presence
of each other as witnesses thereto.
(signed) Henry B. Chamberlain
John Wolfley (end of will.)
Record of the testimony and deposition.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of William L.
Welch late of Delaware deceased.
We, Henry W. Chamberlain and John Wolfley being duly
sworn in open court this 10th day of October A.D. 1865, depose
and say, that we were present at the execution of the last
will and testament of William L. Welch of Delaware 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.
(signed) Henry W. Chamberlain
John Wolfley.
Signed and sworn to before me, in the Probate Court this 10th day of
October A.D. 1865. T. W. Powell Probate Judge
[corresponds to labeled page 213 of Will Records Vol. 4 - 1859-1869]
213
of sound mind and disposing memory, but weak
in body, do make and publish this my last will and testament.
First. I will and direct, that all my just and legal debts be first
paid out of my estate.
Second. I hereby devise and bequeath unto my sisters
Sallie Welch and Luriella Welch and unto my brother
Asahel Welch, all my property both real and personal
wherever situated, and of whatever nature. To have and to
hold until them and their heirs and assigns forever share
and share alike.
Third. I hereby appoint and constitute Sallie Welch, Lu-
rietta Welch and Asahel Welch as the executors of
this my last will and testament; hereby revoking and annul-
-ling all former wills by me made, and declaring this
and this only to be my last will and testament.
In testimony whereof I have hereunto set my hand
and seal this 5th day of April A.D. 1865.
Signed, sealed and published by this said (signed) W. L. Welch
William L. Welch as for his last
will and testament in our presence
and we at his request, signed the same
in his presence and in the presence
of each other as witnesses thereto.
(signed) Henry B. Chamberlain
John Wolfley (end of will.)
Record of the testimony and deposition.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of William L.
Welch late of Delaware deceased.
We, Henry W. Chamberlain and John Wolfley being duly
sworn in open court this 10th day of October A.D. 1865, depose
and say, that we were present at the execution of the last
will and testament of William L. Welch of Delaware 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.
(signed) Henry W. Chamberlain
John Wolfley.
Signed and sworn to before me, in the Probate Court this 10th day of
October A.D. 1865. T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 246)
Description
[page 246]
[corresponds to labeled page 214 of Will Records Vol. 4 - 1859-1869]
214
Record of the will for Azor Saunders decd. October 12th, 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and the State
of Ohio, at his office in the town of Delaware on the 12th
day of October A.D. 1865.
This day the last will and testament of Azor Saunders late
of Berlin Township in this county decd. was presented to the
court for probate and record. Thereupon Charles Neil and
John W. Neil the subscribing witnesses to the said will came
into court and were duly sworn and examined, and their
testimony reduced to writing, and now annexed to the
will and filed therewith, and it appearing to the court that the said
will was duly executed and attested, and that the testator at the
time of executing the same was of full age, and of sound
mind and memory and not under any restraint; thereupon
the court upon consideration thereof, orders that the said
will be admitted to probate as duly proved as the last will
and testament of the said Azor Saunders decd, and ordered
to be recorded as such.
Copy and record of the will.
"In the name of the Benevolent Father of All.
I Azor Saunders of Berlin Township in Delaware County
and State of Ohio, do make and publish this my last will and
testament.
Item 1st. I give and devise to my beloved wife Elizabeth
in lieu of her dower, the farm on which we now reside
situate in Berlin Township in Delaware County, Ohio;
containing eighty six acres of land during her natural
life; and all the stock, household furnature, provisions
and other goods and chattels, which may be there at the time
of my decease, during her natural life aforesaid, selling
so much thereof as may be sufficient to pay my just debts.
Provided, however, in my said wife Elizabeth should again marry
then she is to have but one third of the aforesaid real and
personal estate; and the remaining two thirds to be divided
to my children as follows: __ To my grandson, who is the son
of Edward Saunders, one hundred dollars when he arrives
at the age of twenty one years, and to my daughter Mary Wheaton
one thousand dollars; and to my son Edwin P. Saunders the re=
=maining part of said real and personal estate.
Item 2nd. In case my wife should remain my widow to the close
of her natural life, then at her death the unconsumed part of
said estate is to be divided as aforesaid among the aforesaid
heirs. I do hereby revoke all former wills by me made
In testimony whereof - I have hereunto set my hand and seal this 24th day
of July A.D. 1865. (signed) Azor Saunders
Signed and acknowledged by said Azor Saunders as his last will (seal)
and testament in our presence and signed by Charles Neil
up in his presence __________ John W. Neil (end of will)
[corresponds to labeled page 214 of Will Records Vol. 4 - 1859-1869]
214
Record of the will for Azor Saunders decd. October 12th, 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and the State
of Ohio, at his office in the town of Delaware on the 12th
day of October A.D. 1865.
This day the last will and testament of Azor Saunders late
of Berlin Township in this county decd. was presented to the
court for probate and record. Thereupon Charles Neil and
John W. Neil the subscribing witnesses to the said will came
into court and were duly sworn and examined, and their
testimony reduced to writing, and now annexed to the
will and filed therewith, and it appearing to the court that the said
will was duly executed and attested, and that the testator at the
time of executing the same was of full age, and of sound
mind and memory and not under any restraint; thereupon
the court upon consideration thereof, orders that the said
will be admitted to probate as duly proved as the last will
and testament of the said Azor Saunders decd, and ordered
to be recorded as such.
Copy and record of the will.
"In the name of the Benevolent Father of All.
I Azor Saunders of Berlin Township in Delaware County
and State of Ohio, do make and publish this my last will and
testament.
Item 1st. I give and devise to my beloved wife Elizabeth
in lieu of her dower, the farm on which we now reside
situate in Berlin Township in Delaware County, Ohio;
containing eighty six acres of land during her natural
life; and all the stock, household furnature, provisions
and other goods and chattels, which may be there at the time
of my decease, during her natural life aforesaid, selling
so much thereof as may be sufficient to pay my just debts.
Provided, however, in my said wife Elizabeth should again marry
then she is to have but one third of the aforesaid real and
personal estate; and the remaining two thirds to be divided
to my children as follows: __ To my grandson, who is the son
of Edward Saunders, one hundred dollars when he arrives
at the age of twenty one years, and to my daughter Mary Wheaton
one thousand dollars; and to my son Edwin P. Saunders the re=
=maining part of said real and personal estate.
Item 2nd. In case my wife should remain my widow to the close
of her natural life, then at her death the unconsumed part of
said estate is to be divided as aforesaid among the aforesaid
heirs. I do hereby revoke all former wills by me made
In testimony whereof - I have hereunto set my hand and seal this 24th day
of July A.D. 1865. (signed) Azor Saunders
Signed and acknowledged by said Azor Saunders as his last will (seal)
and testament in our presence and signed by Charles Neil
up in his presence __________ John W. Neil (end of will)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 247)
Description
[page 247]
[corresponds to labeled page 215 of Will Records Vol. 4 - 1859-1869]
215
Record of the will of Azor Saunders decd. October 12th, 1865.
Record and copy of the testimoney and depositions to wit.
"The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Azor Saunders
decd. late of Berlin Township.
We Charles Neil and John W. Neil being duly sworn in
open court, this 12th day of October A.D. 1865, depose and say
that we were present at the execution of the last will and
testament of Azor Saunders of Berlin Township 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.
(signed) Charles Neil
John D. Neil
Sworn to and subscribed before me in the Probate Court
this 12th day of October A.D. 1865.
T. W. Powell, Probate Judge
__________ = __________
Record of the will of William P. Thomas, decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware on
the 30th day of October A.D. 1865.
This day the last will and testament of William P. Thomas
late of Radnor in this county decd. was presented to the court for
probate and record. Thereupon Richard Rumford and Thomas
Edwards, the subscribing witnesses to the said will, came
into court, and were duly sworn and examined, and their
testimony reduced to writing, and now annexed to the will
and filed therewith, and it appearing to the court that the said
will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
thereupon the court upon consideration thereof, orders that
the said will be admitted to probate as duly proved as the
last will and testament of the said William P. Thomas decd.
and ordered to be recorded as such.
Copy and record of the will.
"I William P. Thomas of Radnor Township in Delaware County
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 my sister in law
[corresponds to labeled page 215 of Will Records Vol. 4 - 1859-1869]
215
Record of the will of Azor Saunders decd. October 12th, 1865.
Record and copy of the testimoney and depositions to wit.
"The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Azor Saunders
decd. late of Berlin Township.
We Charles Neil and John W. Neil being duly sworn in
open court, this 12th day of October A.D. 1865, depose and say
that we were present at the execution of the last will and
testament of Azor Saunders of Berlin Township 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.
(signed) Charles Neil
John D. Neil
Sworn to and subscribed before me in the Probate Court
this 12th day of October A.D. 1865.
T. W. Powell, Probate Judge
__________ = __________
Record of the will of William P. Thomas, decd.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the county of Delaware on
the 30th day of October A.D. 1865.
This day the last will and testament of William P. Thomas
late of Radnor in this county decd. was presented to the court for
probate and record. Thereupon Richard Rumford and Thomas
Edwards, the subscribing witnesses to the said will, came
into court, and were duly sworn and examined, and their
testimony reduced to writing, and now annexed to the will
and filed therewith, and it appearing to the court that the said
will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory and not under any restraint
thereupon the court upon consideration thereof, orders that
the said will be admitted to probate as duly proved as the
last will and testament of the said William P. Thomas decd.
and ordered to be recorded as such.
Copy and record of the will.
"I William P. Thomas of Radnor Township in Delaware County
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 my sister in law
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 248)
Description
[page 248]
[corresponds to labeled page 216 of Will Records Vol. 4 - 1859-1869]
216
Record of the will of William P. Thomas decd. October 30th 1865
to Jane Jones, wife of David T. Jones fifty dollars.
Third. I give, devise and bequeath to my sister-in-law Mary
Perry and her two daughters, Jane Jones and Catherine David
all my beds and bedclothes also my silver spoons.
Fourth. I give, devise and bequeath to my two brothers
and sister, Robert Thomas, Griffith Thomas and Catharine
Thomas of Carvarvonshire, North Wales, equally divided be-
-tween the last three mentioned after paying the above mentioned.
Also, I devise and bequeath all my books to my two brothers and
sister, if they wish to have them, if not my executor to dispose
of them in the best manner.
And lastly I hereby constitute and appoint John Humphrays
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 19th day of October A.D. 1865.
(signed) William P. x Thomas
Signed, published and declared by the above
named William P. Thomas as and for his
last will and testament in the presence of
us, who at his request signed as witnesses to
the same. (signed) Richard Bumford
Thomas Edwards. (End of the will)
Record of the testimony, to wit: _____
The State of Ohio
Delaware County, Ss,
In the matter of
the last will and testament of William P. Thomas
late of Radnor deceased.
We Richard Bumford and Thomas Edwards being
duly sworn in open court this 30th day of October
A.D. 1865 depose and say that we were present at
the execution of the last will and testament of William
P. Thomas of Radnor in said county 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. Richard Bumford
Thomas Edwards
Sworn to and subscribed before me in the Probate Court
this 30th day of October A.D. 1865
T. W. Powell Probate Judge
[corresponds to labeled page 216 of Will Records Vol. 4 - 1859-1869]
216
Record of the will of William P. Thomas decd. October 30th 1865
to Jane Jones, wife of David T. Jones fifty dollars.
Third. I give, devise and bequeath to my sister-in-law Mary
Perry and her two daughters, Jane Jones and Catherine David
all my beds and bedclothes also my silver spoons.
Fourth. I give, devise and bequeath to my two brothers
and sister, Robert Thomas, Griffith Thomas and Catharine
Thomas of Carvarvonshire, North Wales, equally divided be-
-tween the last three mentioned after paying the above mentioned.
Also, I devise and bequeath all my books to my two brothers and
sister, if they wish to have them, if not my executor to dispose
of them in the best manner.
And lastly I hereby constitute and appoint John Humphrays
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 19th day of October A.D. 1865.
(signed) William P. x Thomas
Signed, published and declared by the above
named William P. Thomas as and for his
last will and testament in the presence of
us, who at his request signed as witnesses to
the same. (signed) Richard Bumford
Thomas Edwards. (End of the will)
Record of the testimony, to wit: _____
The State of Ohio
Delaware County, Ss,
In the matter of
the last will and testament of William P. Thomas
late of Radnor deceased.
We Richard Bumford and Thomas Edwards being
duly sworn in open court this 30th day of October
A.D. 1865 depose and say that we were present at
the execution of the last will and testament of William
P. Thomas of Radnor in said county 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. Richard Bumford
Thomas Edwards
Sworn to and subscribed before me in the Probate Court
this 30th day of October A.D. 1865
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 249)
Description
[page 249]
[corresponds to labeled page 217 of Will Records Vol. 4 - 1859-1869]
217
Record of the will of John Rosecrans decd. November 22nd 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and the state
of Ohio, at his office in the town of Delaware, on the 22nd
day of November A.D. 1865.
This day the last will and testament of John Rosecrans
decd. heretofore by this court sent to Marengo, Iowa County, Iowa
together with the commission therewith issued to take the deposition
of Alvin Rosecrans one of the witnesses thereto was returned
with the testimony of the said Alvin Rosecrans duly taken;
and the testimony of the said Festus Utley and Alvin Rosecrans
annexed to the said will and filed therewith. And it appear-
-ing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory
and not under any restraint; thereupon the court, upon
consideration thereof orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said John Rosecrans, and ordered to be
recorded as such.
Copy and record of the will.
" In the name of the Benevolent Father of All.
I John Rosecrans of Kingston, Delaware County, Ohio
do make and publish this my last will and testament.
I give and devise to my beloved wife in lieu of her dower
the farm on which we now reside, situate in Kingston, Delaware
County, Ohio, containing about one hundred and seventy acres
(with the exception of seventy five acres of land off of the west
end of said farm) she however selling so much thereof as may
be sufficient to pay my just debts. Also, all the stock house-
-hold goods and chattles which may be thereon at the time of
my decease. At the death of my wife the real estate afore-
-said I give and devise to my son Sam and his heirs. If however
my son Sam should die before the decease of my said wife
leaving no children living at the decease of my said wife,
then the share of said property above devised to such deceased
now is hereby devised and bequeathed to my said wife. If my
said wife and son Sam should not survive me, then I devise
and bequeath the property aforesaid to my two sons Alvin and Peter
J. and daughter Elizabeth, equally, and to their heirs forever.
It is hereby intended that the personal property above mentioned
should first be set in preference to the real estate to pay debts.
I also empower my wife to sell or dispose of the above pro-
-perty and convert the avails to any use she may think proper.
Item 2nd. I devise and bequeath to my son Sam seventy
five acres of land off of the west end of the farm. We now
reside on situated in Kingston Tp. Delaware Co. Ohio.
(over) _________
[corresponds to labeled page 217 of Will Records Vol. 4 - 1859-1869]
217
Record of the will of John Rosecrans decd. November 22nd 1865.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and the state
of Ohio, at his office in the town of Delaware, on the 22nd
day of November A.D. 1865.
This day the last will and testament of John Rosecrans
decd. heretofore by this court sent to Marengo, Iowa County, Iowa
together with the commission therewith issued to take the deposition
of Alvin Rosecrans one of the witnesses thereto was returned
with the testimony of the said Alvin Rosecrans duly taken;
and the testimony of the said Festus Utley and Alvin Rosecrans
annexed to the said will and filed therewith. And it appear-
-ing to the court that the said will was duly executed and
attested, and that the testator at the time of executing the
same was of full age, and of sound mind and memory
and not under any restraint; thereupon the court, upon
consideration thereof orders that the said will be
admitted to probate as duly proved as the last will and
testament of the said John Rosecrans, and ordered to be
recorded as such.
Copy and record of the will.
" In the name of the Benevolent Father of All.
I John Rosecrans of Kingston, Delaware County, Ohio
do make and publish this my last will and testament.
I give and devise to my beloved wife in lieu of her dower
the farm on which we now reside, situate in Kingston, Delaware
County, Ohio, containing about one hundred and seventy acres
(with the exception of seventy five acres of land off of the west
end of said farm) she however selling so much thereof as may
be sufficient to pay my just debts. Also, all the stock house-
-hold goods and chattles which may be thereon at the time of
my decease. At the death of my wife the real estate afore-
-said I give and devise to my son Sam and his heirs. If however
my son Sam should die before the decease of my said wife
leaving no children living at the decease of my said wife,
then the share of said property above devised to such deceased
now is hereby devised and bequeathed to my said wife. If my
said wife and son Sam should not survive me, then I devise
and bequeath the property aforesaid to my two sons Alvin and Peter
J. and daughter Elizabeth, equally, and to their heirs forever.
It is hereby intended that the personal property above mentioned
should first be set in preference to the real estate to pay debts.
I also empower my wife to sell or dispose of the above pro-
-perty and convert the avails to any use she may think proper.
Item 2nd. I devise and bequeath to my son Sam seventy
five acres of land off of the west end of the farm. We now
reside on situated in Kingston Tp. Delaware Co. Ohio.
(over) _________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 250)
Description
[page 250]
[corresponds to labeled page 218 of Will Records Vol. 4 - 1859-1869]
218
Record of the will of John Rosecrans November 22nd 1865.
I do hereby nominate and appoint my wife Mary Rose-
-crans Executrix of this my last will and testament; hereby au-
-thorizing and empowering her to compromise and adjust, re-
-lease 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 in such manner, upon
such terms of credit or otherwise as she may think proper,
all or any part of my real estate, and deeds to purchasers
to execute, acknowledge and deliver in fee simple.
I desire that no appraisement be made, 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. In testimony hereof I have hereunto
set my hand and seal this 19th day of September A.D. 1859.
(signed) John Rosecrans
Signed and acknowledged by said John Rosecrans
as his last will and testament in our presence
and signed by us in his presence.
(signed) Festus Utley
Alvin Rosecrans (end of the will)
Record of the testimony and despositions etc
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of John Rosecrans of
Kingston Township deceased.
I Festus Utley (who was a witness with Alvin Rosecrans to said
will) being duly sworn in open court this 7th day of November
A.D. 1865, depose and say that we were present at the execution
of the last will and testament of John Rosecrans of Kingston Township
hereto annexed; that we saw the said testator subscribe said 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. (signed) Festus Utley
Sworn to and subscribed before me in the Probate Court this 7th day
of November A.D. 1865. T.W. Powell Probate Judge.
Thereupon the court issued the requisite commission to
take the testimony of the said Alvin Rosecrans of which the
following is a true copy, to wit: _____
The State of Ohio
Delaware County, Ss. In the Probate Court.
To Peter J. Rosecrans of Iowa County in the state of Iowa,
or to the Clerk of the Court in the said county of Iowa, or to the
Judge of the County Court of said Iowa County, or either of
severally: Greeting: _____
I Thomas W. Powell Judge of the Probate Court in & for
[corresponds to labeled page 218 of Will Records Vol. 4 - 1859-1869]
218
Record of the will of John Rosecrans November 22nd 1865.
I do hereby nominate and appoint my wife Mary Rose-
-crans Executrix of this my last will and testament; hereby au-
-thorizing and empowering her to compromise and adjust, re-
-lease 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 in such manner, upon
such terms of credit or otherwise as she may think proper,
all or any part of my real estate, and deeds to purchasers
to execute, acknowledge and deliver in fee simple.
I desire that no appraisement be made, 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. In testimony hereof I have hereunto
set my hand and seal this 19th day of September A.D. 1859.
(signed) John Rosecrans
Signed and acknowledged by said John Rosecrans
as his last will and testament in our presence
and signed by us in his presence.
(signed) Festus Utley
Alvin Rosecrans (end of the will)
Record of the testimony and despositions etc
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of John Rosecrans of
Kingston Township deceased.
I Festus Utley (who was a witness with Alvin Rosecrans to said
will) being duly sworn in open court this 7th day of November
A.D. 1865, depose and say that we were present at the execution
of the last will and testament of John Rosecrans of Kingston Township
hereto annexed; that we saw the said testator subscribe said 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. (signed) Festus Utley
Sworn to and subscribed before me in the Probate Court this 7th day
of November A.D. 1865. T.W. Powell Probate Judge.
Thereupon the court issued the requisite commission to
take the testimony of the said Alvin Rosecrans of which the
following is a true copy, to wit: _____
The State of Ohio
Delaware County, Ss. In the Probate Court.
To Peter J. Rosecrans of Iowa County in the state of Iowa,
or to the Clerk of the Court in the said county of Iowa, or to the
Judge of the County Court of said Iowa County, or either of
severally: Greeting: _____
I Thomas W. Powell Judge of the Probate Court in & for
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 251)
Description
[page 251]
[corresponds to labeled page 219 of Will Records Vol. 4 - 1859-1869]
219
Record of the will of John Rosecrans November 22nd, 1865
the county of Delaware placing special confidence in you
and each of you severally, do hereby constitute and ap-
-point any one of you who may act in the premises of com-
-missiones to take the testimony of Alvin Rosecrans of your
county, who is one of the witnesses to the last will and testament
of John Rosecrans late of Delaware County, Ohio, decd.
hereto annexed as to the execution and attestation therefore:
and for that purpose you are hereby authorized and empowered
to administer to him the proper oath to testify the truth
and the whole truth in relation thereto, and take his
deposition in writing; and certify the same to this court
together with the said will, this commission, and your proceed-
-ings thereon properly sealed up in a letter directed to this
court. For which purpose this shall be your authority and
Commission. In testimony whereof I have hereto
set my hand and affixed the seal of said
Probate Court at Delaware, Ohio, this 8th
day of November 1865.
T.W. Powell Probate Judge.
to which Commission the following return was returned
in pursuance of the within commission the undersigned
one of the persons therein commissioned hereby certify that on
the 17th day of November A.D. 1865, the within named Alvin Rose-
-crans appears before me at my office in Marengo
Iowa Co. Iowa, and was duly sworn by me to testify the
truth, the whole truth, and nothing but the truth in relation
to the execution and attestation of the last will and testa-
ment of John Rosecrans hereto annexed, and therefore
he was duly examined and testified, and his depositions
taken in writing and to the will annexed & certified by me,
and now by me sealed up and sent to the Probate Court of
Delaware County, Ohio; As witness my hand the day and
{seal of the county} year above written
{of Iowa Iowa} (signed) J. W. Willits
County Judge Iowa Co. Iowa.
Copy and Record of the deposition
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of John Rosecrans late of
Kingston Township deceased.
I Alvin Rosecrans (who was a witness with Festus Utley to the
said will) being duly sworn by and before the undersigned Commissioner
this 17th day of Nov. A.D. 1865 at Marengo in the County of Iowa, in the
sate of Iowa, depose and say that we were present at the execution
of the last will and testament of John Rosecrans of Kingston in Delaware County, Ohio
hereto, annexed, that we saw 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
(over) _____
[corresponds to labeled page 219 of Will Records Vol. 4 - 1859-1869]
219
Record of the will of John Rosecrans November 22nd, 1865
the county of Delaware placing special confidence in you
and each of you severally, do hereby constitute and ap-
-point any one of you who may act in the premises of com-
-missiones to take the testimony of Alvin Rosecrans of your
county, who is one of the witnesses to the last will and testament
of John Rosecrans late of Delaware County, Ohio, decd.
hereto annexed as to the execution and attestation therefore:
and for that purpose you are hereby authorized and empowered
to administer to him the proper oath to testify the truth
and the whole truth in relation thereto, and take his
deposition in writing; and certify the same to this court
together with the said will, this commission, and your proceed-
-ings thereon properly sealed up in a letter directed to this
court. For which purpose this shall be your authority and
Commission. In testimony whereof I have hereto
set my hand and affixed the seal of said
Probate Court at Delaware, Ohio, this 8th
day of November 1865.
T.W. Powell Probate Judge.
to which Commission the following return was returned
in pursuance of the within commission the undersigned
one of the persons therein commissioned hereby certify that on
the 17th day of November A.D. 1865, the within named Alvin Rose-
-crans appears before me at my office in Marengo
Iowa Co. Iowa, and was duly sworn by me to testify the
truth, the whole truth, and nothing but the truth in relation
to the execution and attestation of the last will and testa-
ment of John Rosecrans hereto annexed, and therefore
he was duly examined and testified, and his depositions
taken in writing and to the will annexed & certified by me,
and now by me sealed up and sent to the Probate Court of
Delaware County, Ohio; As witness my hand the day and
{seal of the county} year above written
{of Iowa Iowa} (signed) J. W. Willits
County Judge Iowa Co. Iowa.
Copy and Record of the deposition
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of John Rosecrans late of
Kingston Township deceased.
I Alvin Rosecrans (who was a witness with Festus Utley to the
said will) being duly sworn by and before the undersigned Commissioner
this 17th day of Nov. A.D. 1865 at Marengo in the County of Iowa, in the
sate of Iowa, depose and say that we were present at the execution
of the last will and testament of John Rosecrans of Kingston in Delaware County, Ohio
hereto, annexed, that we saw 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
(over) _____
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 252)
Description
[page 252]
[corresponds to labeled page 220 of Will Records Vol. 4 - 1859-1869]
220
Record of the will of John Rosecrans decd. November 22, 1865
full age, and of sound mind and memory, and not under
any restraint, and that we signed the same as witnesses
at his request also in his presence, and in the presence of
each other. And deponent further states that the matters
and things set forth in the above and foregoing affidavit in
relations to the last will and testament of John Rosecrans decd.
is true in substance and in fact to the best of his know-
-ledge and belief. (signed) Alvin Rosecrans.
Sworn to and subscribed before me the undersigned Commissioner
this 17th day of November A.D. 1865
[U.S. Stamp 5 cts.] (signed) A. H. Willits
County Judge Iowa Co. Iowa.
_____________________=_________________________
Record of the will of Jacob Smith late of Delaware decd.
Proceedings heard before Thomas W. Powell judge of
the Probate Court in and for the county of Delaware and
the State of Ohio, at his office in the Town of Delaware
on the 19th day of December A.D. 1865.
This day the last will and testament of Jacob Smith late
of Delaware Township decd. was presented to the court for
Probate and record. Thereupon John Houg and John Jacob
Miller, subscribing witnesses to the said will came into
court, and were duly sworn and examined and their tes-
-timony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the
said will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint.
Thereupon the Court upon consideration thereof, orders that
the said will be admitted to probate as the last will and testa-
ment of the said Jacob Smith decd. and ordered to be recor
=ded as such._____to wit:_____
Copy and record of the will.
On this twenty eighth day of November in the year of
our Lord Eighteen hundred and sixty five; I Jacob Smith of
Delaware Township in the county of Delaware, State of Ohio,
do make and publish this my last will and testament, hereby
revoking all former wills by me made.
I do give, devise and bequeath unto my beloved
wife Christena Margaret Smith all my personal property, in
whatsoever form the same may be in at my death; whether
household furnature, farm stock, notes, bonds, accounts
money or in any other form whatsoever. I bequeath to
her the personal property to be hers absolutely.
I give and devise to my said wife Christina Margaret
Smith to have and to hold during her natural life the farm
[corresponds to labeled page 220 of Will Records Vol. 4 - 1859-1869]
220
Record of the will of John Rosecrans decd. November 22, 1865
full age, and of sound mind and memory, and not under
any restraint, and that we signed the same as witnesses
at his request also in his presence, and in the presence of
each other. And deponent further states that the matters
and things set forth in the above and foregoing affidavit in
relations to the last will and testament of John Rosecrans decd.
is true in substance and in fact to the best of his know-
-ledge and belief. (signed) Alvin Rosecrans.
Sworn to and subscribed before me the undersigned Commissioner
this 17th day of November A.D. 1865
[U.S. Stamp 5 cts.] (signed) A. H. Willits
County Judge Iowa Co. Iowa.
_____________________=_________________________
Record of the will of Jacob Smith late of Delaware decd.
Proceedings heard before Thomas W. Powell judge of
the Probate Court in and for the county of Delaware and
the State of Ohio, at his office in the Town of Delaware
on the 19th day of December A.D. 1865.
This day the last will and testament of Jacob Smith late
of Delaware Township decd. was presented to the court for
Probate and record. Thereupon John Houg and John Jacob
Miller, subscribing witnesses to the said will came into
court, and were duly sworn and examined and their tes-
-timony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the
said will was duly executed and attested, and that the testator
at the time of executing the same was of full age
and of sound mind and memory, and not under any restraint.
Thereupon the Court upon consideration thereof, orders that
the said will be admitted to probate as the last will and testa-
ment of the said Jacob Smith decd. and ordered to be recor
=ded as such._____to wit:_____
Copy and record of the will.
On this twenty eighth day of November in the year of
our Lord Eighteen hundred and sixty five; I Jacob Smith of
Delaware Township in the county of Delaware, State of Ohio,
do make and publish this my last will and testament, hereby
revoking all former wills by me made.
I do give, devise and bequeath unto my beloved
wife Christena Margaret Smith all my personal property, in
whatsoever form the same may be in at my death; whether
household furnature, farm stock, notes, bonds, accounts
money or in any other form whatsoever. I bequeath to
her the personal property to be hers absolutely.
I give and devise to my said wife Christina Margaret
Smith to have and to hold during her natural life the farm
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 253)
Description
[page 253]
[corresponds to labeled page 221 of Will Records Vol. 4 - 1859-1869]
221
Record of the Will of Jacob Smith December 19th 1866.
the farm on which we now live containing about sixty
acres more or less, situated in Delaware township, Delaware
County, State of Ohio, in Section four, township five, Range
nineteen, United States Military Lands; said farm being made
up of the pieces of land conveyed to me at different times
by Tobias F. Richarts & wife by John Hair and wife, by Charles
Wotring & wife, by Gottlieb Albright and wife.
It is my will and desire that my said wife have said
farm and any other land of which I may be the owner
of at my death, to hold, control & have the entire sole
use of so long as she shall live; and it is my will
and desire that at her death, said farm and land be equally
the property in fee simple of such of any children as
may then be living; and that if - at the death of my said
wife, any of my children shall have died, then that the
children of any child who may have died leaving children,
shall have the same share jointly, as their parent would
have had if living. I nominate constitute and
appoint my said wife executrix of this my last will and
testament; and it is my desire that she be not required to
give any land, nor to return any inventory or appraise=
-ment of the property or any part thereof to court, and that
she be not required to make any sale thereof.
In testimony whereof I have hereunto set my hand
and seal this 28th day of November A.D. 1865.
(signed) [illegible] seal
Signed, sealed and acknowledged by said Jacob Smith
to be his last will & testament in our presence &
signed by us as witnesses thereto in his presence
and in the presence of each other and at his request.
(signed) [illegible] Young
[illegible] Jakob Mullane
(Record of the testimony)
The state of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Jacob Smith, late
of Delaware Township decd.
We John Houg and John Jacob Miller being duly sworn in open
court this 19th day of December A.D. 1865, depose and say, that we were
present at the execution of the last will and testament of Jacob Smith
of Delaware
Township, 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
acting 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) Johan (illigible)
Johan [illigible)
Sworn to and subscribed before me in the Probate Court this 19th day of
December A.D. 1865. T. W. Powell Probate Judge
[corresponds to labeled page 221 of Will Records Vol. 4 - 1859-1869]
221
Record of the Will of Jacob Smith December 19th 1866.
the farm on which we now live containing about sixty
acres more or less, situated in Delaware township, Delaware
County, State of Ohio, in Section four, township five, Range
nineteen, United States Military Lands; said farm being made
up of the pieces of land conveyed to me at different times
by Tobias F. Richarts & wife by John Hair and wife, by Charles
Wotring & wife, by Gottlieb Albright and wife.
It is my will and desire that my said wife have said
farm and any other land of which I may be the owner
of at my death, to hold, control & have the entire sole
use of so long as she shall live; and it is my will
and desire that at her death, said farm and land be equally
the property in fee simple of such of any children as
may then be living; and that if - at the death of my said
wife, any of my children shall have died, then that the
children of any child who may have died leaving children,
shall have the same share jointly, as their parent would
have had if living. I nominate constitute and
appoint my said wife executrix of this my last will and
testament; and it is my desire that she be not required to
give any land, nor to return any inventory or appraise=
-ment of the property or any part thereof to court, and that
she be not required to make any sale thereof.
In testimony whereof I have hereunto set my hand
and seal this 28th day of November A.D. 1865.
(signed) [illegible] seal
Signed, sealed and acknowledged by said Jacob Smith
to be his last will & testament in our presence &
signed by us as witnesses thereto in his presence
and in the presence of each other and at his request.
(signed) [illegible] Young
[illegible] Jakob Mullane
(Record of the testimony)
The state of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Jacob Smith, late
of Delaware Township decd.
We John Houg and John Jacob Miller being duly sworn in open
court this 19th day of December A.D. 1865, depose and say, that we were
present at the execution of the last will and testament of Jacob Smith
of Delaware
Township, 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
acting 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) Johan (illigible)
Johan [illigible)
Sworn to and subscribed before me in the Probate Court this 19th day of
December A.D. 1865. T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 254)
Description
[page 254]
[corresponds to labeled page 222 of Will Records Vol. 4 - 1859-1869]
222
Record of the will of Thomas Main decd. December 20th 1865.
Proceedings heard before Thomas W. Powell judge of the
Probate Court in and for the said county of Delaware and
State of Ohio at his office in the Town of Delaware
on the 20th day of December A.D. 1865.
This day the last will and testament of Thomas Main late
of Troy Township decd. having been presented to this court
for probate and records and the testimony of Madison
Main one of the witnesses to the said will having been
taken and reduced to writing on the eighth day inst.
and Eleazar Main the other subscribing witness being
unwell and unable to attend court, a commission was
issued to Joseph E. Cole Esq. to take his testimony,
which has now been returned to court with the testimony
of the said Eliazor Main duly taken and reduced to writing.
And it now appearing to the court that the said will was
duly executed and attested, and that the said testator at
the time of executing the same was of full age, and
of sound mind and memory and not under any restraint,
therefore the court upon consideration thereof - orders
that the said will be admitted to probate as duly proven as
the last will and testament of the said Thomas Main decd.
and ordered to be recorded as such.
(Copy and record of the Will.)
In the name of the Benevolent Father of
I Thomas Main in 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, in lieu
of her dower, the farm on which we now reside situate
in the Township of Troy and in Range nineteen (19) T, six,
and Section four (4) U.S. Military Lands in Ohio, containing
about one hundred and ten acres (110), during her natural
life (or while she remains my widow;) and all the stock
household goods, furnature, farm and other and other goods
and chattles which may be thereon, at the time of my decease
during her natural life as aforesaid; she selling so much
thereof by public or private sale as she thinks best, suffi-
-cient to pay my just debts. At the death of my wife the real
estate aforesaid and such part of the personal property that as
may then remain unconsummed and unexpended, I give and
devise to my sons, Azariah Main, Marion Main and
Elkanah Main, by their paying my daughters to wit, Albina
Main six hundred dollars, to Jane Roe five hundred dollars
and to Philata Marilla Main five hundred dollars; the money
to be paid when they come in possession, and if not paid, they are
required to give indulgence by receiving interest from
that date.
Item 2nd. I do hereby nominate and appoint my beloved
wife guardian of my daughter Philata Main, until
[corresponds to labeled page 222 of Will Records Vol. 4 - 1859-1869]
222
Record of the will of Thomas Main decd. December 20th 1865.
Proceedings heard before Thomas W. Powell judge of the
Probate Court in and for the said county of Delaware and
State of Ohio at his office in the Town of Delaware
on the 20th day of December A.D. 1865.
This day the last will and testament of Thomas Main late
of Troy Township decd. having been presented to this court
for probate and records and the testimony of Madison
Main one of the witnesses to the said will having been
taken and reduced to writing on the eighth day inst.
and Eleazar Main the other subscribing witness being
unwell and unable to attend court, a commission was
issued to Joseph E. Cole Esq. to take his testimony,
which has now been returned to court with the testimony
of the said Eliazor Main duly taken and reduced to writing.
And it now appearing to the court that the said will was
duly executed and attested, and that the said testator at
the time of executing the same was of full age, and
of sound mind and memory and not under any restraint,
therefore the court upon consideration thereof - orders
that the said will be admitted to probate as duly proven as
the last will and testament of the said Thomas Main decd.
and ordered to be recorded as such.
(Copy and record of the Will.)
In the name of the Benevolent Father of
I Thomas Main in 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, in lieu
of her dower, the farm on which we now reside situate
in the Township of Troy and in Range nineteen (19) T, six,
and Section four (4) U.S. Military Lands in Ohio, containing
about one hundred and ten acres (110), during her natural
life (or while she remains my widow;) and all the stock
household goods, furnature, farm and other and other goods
and chattles which may be thereon, at the time of my decease
during her natural life as aforesaid; she selling so much
thereof by public or private sale as she thinks best, suffi-
-cient to pay my just debts. At the death of my wife the real
estate aforesaid and such part of the personal property that as
may then remain unconsummed and unexpended, I give and
devise to my sons, Azariah Main, Marion Main and
Elkanah Main, by their paying my daughters to wit, Albina
Main six hundred dollars, to Jane Roe five hundred dollars
and to Philata Marilla Main five hundred dollars; the money
to be paid when they come in possession, and if not paid, they are
required to give indulgence by receiving interest from
that date.
Item 2nd. I do hereby nominate and appoint my beloved
wife guardian of my daughter Philata Main, until
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 255)
Description
[page 255]
[corresponds to labeled page 223 of Will Records Vol. 4 - 1859-1869]
223
Record of the Will of Thomas Main decd, December 20th 1865.
until the said Philata Main arrives at the age of eigh-
-teen or intermarries or if in case my wife should
again marry her guardianship of said child shall cease
and determine.
Item 3rd. I do hereby nominate and appoint my
beloved wife executrix of this my last will and testament
hereby authorizing and empowering her to collect, pay over
and cancel any claim, and make sale, either private
or public as she may think best, to satisfy all my debts.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal, this 1st day of November in the year A.D. 1865
his
(signed) Thomas Main X (seal)
mark
Signed and acknowledged by said Thomas Main
as his last will and testament in our
presence; and signed by us in his presence
(signed) Eleazar Main
Madison Main (end of the will)
(copy and Record of the testimony)
The state of Ohio, Delaware County Ss
In the matter of the last will and testament of Thomas Main late of
Troy Township deceased.
I Madison Main being duly sworn in open court this
8th day of December A.D. 1865 depose and say that we, (myself
and Eleazor Main) were present at the execution of the last
will and testament of Thomas Main of Troy Township hereto
annexed, that we (myself as Eleazor Main) saw the said testator
subscribe said will, and heard him publish and declare the
same to be his last will and testament, and that the said
testator, at the time of executing the same was of full
and of sound mind and memory and not under any rest-
-raint and that we signed the same as witnesses at his
request and in his presence and in the presence of each other.
(signed) Madison Main
Sworn to and subscribed before me in the Probate Court this 8th
day of December A.D. 1865. T. W. Powell Probate Judge
(copy & Record of the Commission and testimony taken)
The State of Ohio,
Delaware County, Ss} In the Probate court.
To Joseph C. Cole Esqr. of Troy Township.
Placing special confidence in your integrity
and ability, you are hereby appointed commissioner to take
the testimony of Eleazor Main (who is sick and unable
to attend court) as witness to the last will and testament of Thomas
Main decd. late of Troy Township, hereto annexed and reduce
his testimony to writing as to the execution and attestation
of his said will, and then return the same under your seal
to this court, and as such commissioner you are au-
[corresponds to labeled page 223 of Will Records Vol. 4 - 1859-1869]
223
Record of the Will of Thomas Main decd, December 20th 1865.
until the said Philata Main arrives at the age of eigh-
-teen or intermarries or if in case my wife should
again marry her guardianship of said child shall cease
and determine.
Item 3rd. I do hereby nominate and appoint my
beloved wife executrix of this my last will and testament
hereby authorizing and empowering her to collect, pay over
and cancel any claim, and make sale, either private
or public as she may think best, to satisfy all my debts.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal, this 1st day of November in the year A.D. 1865
his
(signed) Thomas Main X (seal)
mark
Signed and acknowledged by said Thomas Main
as his last will and testament in our
presence; and signed by us in his presence
(signed) Eleazar Main
Madison Main (end of the will)
(copy and Record of the testimony)
The state of Ohio, Delaware County Ss
In the matter of the last will and testament of Thomas Main late of
Troy Township deceased.
I Madison Main being duly sworn in open court this
8th day of December A.D. 1865 depose and say that we, (myself
and Eleazor Main) were present at the execution of the last
will and testament of Thomas Main of Troy Township hereto
annexed, that we (myself as Eleazor Main) saw the said testator
subscribe said will, and heard him publish and declare the
same to be his last will and testament, and that the said
testator, at the time of executing the same was of full
and of sound mind and memory and not under any rest-
-raint and that we signed the same as witnesses at his
request and in his presence and in the presence of each other.
(signed) Madison Main
Sworn to and subscribed before me in the Probate Court this 8th
day of December A.D. 1865. T. W. Powell Probate Judge
(copy & Record of the Commission and testimony taken)
The State of Ohio,
Delaware County, Ss} In the Probate court.
To Joseph C. Cole Esqr. of Troy Township.
Placing special confidence in your integrity
and ability, you are hereby appointed commissioner to take
the testimony of Eleazor Main (who is sick and unable
to attend court) as witness to the last will and testament of Thomas
Main decd. late of Troy Township, hereto annexed and reduce
his testimony to writing as to the execution and attestation
of his said will, and then return the same under your seal
to this court, and as such commissioner you are au-
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 256)
Description
[page 256]
[corresponds to labeled page 224 of Will Records Vol. 4 - 1859-1869]
224
Record of the Will of Thomas Main decd. December 20th 1866.
authorized and empowered to administer the proper oath to
said witness to testify the truth.
Witness whereof , Thomas W. Powell Probate Judge
{Seal} of our County have hereto set my hand and the
seal of the Probate Court, this 8th day of December
1865. T.W. Powell Probate Judge.
(Return thereto.)
I the within named Joseph C. Cole Commissioner et al
hereby return that I have executed this commission by
taking the deposition of the said Eleazor Main under
oath and reduced to writing hereto annexed and returned
with the said will. Given under my hand this 9th
day of December 1865. (signed) Joseph C. Cole Commissiioner.
The State of Ohio, Delaware County Ss.
In the Matter of the last will & testament Thomas Main late of Troy Township, decd.
Commissioner etc on the 9th day of December A.D. 1865 depose and
say that we (this deponant and Madison Main) were present
at the execution of the last will and testament of Thomas
Main of Troy Township hereto annexed; that we saw the said
testator subscribe the 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 present and in the presence of each other.
(signed) Eleazor Maine.
Sworn to and subscribed before me this 9th day of December
A.D. 1865. (signed) Joseph C. Cole, Commissioner.
Record of the Will of John G. Myers decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 26th
day of December A.D. 1865.
This day the last will and testament of John G. Myers late
of Berlin Township deceased, was presented to the Court for
Probate and record. Thereupon Daiton W. Terrill and
Daniel Potter subscribing witnesses to the said will came
into court and were duly sworn and examined; and their testi
=mony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator at the time
of executing the same, was of full age and of sound mind and memory
and not under any restraint, thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved as the last will of testament
of the said John G. Myers dated and ordered to be recorded as such.
T.W. Powell Pro. Judge
[corresponds to labeled page 224 of Will Records Vol. 4 - 1859-1869]
224
Record of the Will of Thomas Main decd. December 20th 1866.
authorized and empowered to administer the proper oath to
said witness to testify the truth.
Witness whereof , Thomas W. Powell Probate Judge
{Seal} of our County have hereto set my hand and the
seal of the Probate Court, this 8th day of December
1865. T.W. Powell Probate Judge.
(Return thereto.)
I the within named Joseph C. Cole Commissioner et al
hereby return that I have executed this commission by
taking the deposition of the said Eleazor Main under
oath and reduced to writing hereto annexed and returned
with the said will. Given under my hand this 9th
day of December 1865. (signed) Joseph C. Cole Commissiioner.
The State of Ohio, Delaware County Ss.
In the Matter of the last will & testament Thomas Main late of Troy Township, decd.
Commissioner etc on the 9th day of December A.D. 1865 depose and
say that we (this deponant and Madison Main) were present
at the execution of the last will and testament of Thomas
Main of Troy Township hereto annexed; that we saw the said
testator subscribe the 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 present and in the presence of each other.
(signed) Eleazor Maine.
Sworn to and subscribed before me this 9th day of December
A.D. 1865. (signed) Joseph C. Cole, Commissioner.
Record of the Will of John G. Myers decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the town of Delaware on the 26th
day of December A.D. 1865.
This day the last will and testament of John G. Myers late
of Berlin Township deceased, was presented to the Court for
Probate and record. Thereupon Daiton W. Terrill and
Daniel Potter subscribing witnesses to the said will came
into court and were duly sworn and examined; and their testi
=mony reduced to writing, and now annexed to the will
and filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator at the time
of executing the same, was of full age and of sound mind and memory
and not under any restraint, thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved as the last will of testament
of the said John G. Myers dated and ordered to be recorded as such.
T.W. Powell Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 257)
Description
[page 257]
[corresponds to labeled page 225 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John G. Myers (Thomas Main crossed out) decd. December 26th 1865.
(Copy and Record of the Will)
In the name of God, Amen. I John G. Myers of the Town
of Berlin, the county of Delaware and State of Ohio, being
of sound mind and memory, and considering the un=
=certainty of this frail life, do therefore make, ordain
publish and declare this to be my last will and testament
that is to say; as I am not in debt, all my estate real and
personal, I give bequeath and dispose of as follows, to wit;
All my estate real and personal to my wife Grace just
as long as she remains my widow single; if she marry
she shall have no part or claim thereon. I further be=
=queath that all the above estate after my wife's release
be my son Alvin's; and I further will that my wife and my
son Alvin do pay all the rest of the children, namely,
Griszilda, Clarrinda, Eliza and Jain the sum of
twenty five dollars each one. Likewise, I do make
constitute, appoint my wife Grace and my son Alvin
to be my executors of this my last will and testament.
In witness whereof I have set and subscribed my name
and fixed my seal this twenty sixth day of October eighteen
hundred and sixty five. (Signed) John G. Myers [seal]
Witnesses D.W. Terrill
Daniel Potter (end of the will)
(copy and record of the testimony.)
the State of Ohio, Delaware County Ss
In the matter of the last will and testament of John G. Myers late
of Berlin Township deceased.
We Daiton W. Terrill and Daniel Potter being duly sworn
in open court this 23rd day of December A.D. 1865, depose and
say that we were present at the execution of the last
will and testament of John G. Myers of Berlin Township
hereto annexed that we heard said testator say he had sub=
=scribed 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
and that we signed the same as witnesses at his request and
in his presence and in the presence of each other.
(Signed) D.W. Terrill
Daniel Potter
Sworn to and subscribed before me in the Probate Court
this 26th day of December A.D. 1865.
T.W. Powell Probate Judge
[corresponds to labeled page 225 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John G. Myers (Thomas Main crossed out) decd. December 26th 1865.
(Copy and Record of the Will)
In the name of God, Amen. I John G. Myers of the Town
of Berlin, the county of Delaware and State of Ohio, being
of sound mind and memory, and considering the un=
=certainty of this frail life, do therefore make, ordain
publish and declare this to be my last will and testament
that is to say; as I am not in debt, all my estate real and
personal, I give bequeath and dispose of as follows, to wit;
All my estate real and personal to my wife Grace just
as long as she remains my widow single; if she marry
she shall have no part or claim thereon. I further be=
=queath that all the above estate after my wife's release
be my son Alvin's; and I further will that my wife and my
son Alvin do pay all the rest of the children, namely,
Griszilda, Clarrinda, Eliza and Jain the sum of
twenty five dollars each one. Likewise, I do make
constitute, appoint my wife Grace and my son Alvin
to be my executors of this my last will and testament.
In witness whereof I have set and subscribed my name
and fixed my seal this twenty sixth day of October eighteen
hundred and sixty five. (Signed) John G. Myers [seal]
Witnesses D.W. Terrill
Daniel Potter (end of the will)
(copy and record of the testimony.)
the State of Ohio, Delaware County Ss
In the matter of the last will and testament of John G. Myers late
of Berlin Township deceased.
We Daiton W. Terrill and Daniel Potter being duly sworn
in open court this 23rd day of December A.D. 1865, depose and
say that we were present at the execution of the last
will and testament of John G. Myers of Berlin Township
hereto annexed that we heard said testator say he had sub=
=scribed 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
and that we signed the same as witnesses at his request and
in his presence and in the presence of each other.
(Signed) D.W. Terrill
Daniel Potter
Sworn to and subscribed before me in the Probate Court
this 26th day of December A.D. 1865.
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 258)
Description
[page 258]
[corresponds to labeled page 226 of Will Records Vol. 4 - 1859-1869]
226
Record of the Will of Nathan Gorsuch decd. January 5th 1866.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on
the 5th day of January A.D. 1866.
This day the last will and testament of Nathan Gorsuch
late of Harlem Township in this county deceased, was pre-
-sented for probate and records. Thereupon Lyman B. Hanover
and Aaron Whitten the subscribing witnesses to the said will
came into court, and were duly sworn and examined, and
their testimony reduced to writing, and now annexed to the
will and filed therewith and it appearing to the court that
the said will was duly executed and attested, and that the
testator at the time of executing the same, was of full
age, and of sound mind and memory and not under any
restraint, whereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Nathan Gorsuch
decd. was ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All. I Nathan
Gorsuch of Harlem Township Delaware County, Ohio, in view
of the certainty of death and the uncertainty of life do make
and publish this my last will and testament._____
Item 1st I desire that my just debts, funeral and all other
necessary expenses shall be paid out of my personal estate.
Item 2nd. I give, devise and bequeath unto my beloved
wife in lieu of her dower the farm on which I now
reside, containing about one hundred and twenty two acres
of land; also the entire household goods and furnature,
and two head of horses, being the two oldest horses, and all the cows,
and cattle on the farm, and fifty head of sheep to be selected by
her out of the ewes, and all the hogs on the farm, and the
two horse waggons and double harness and a colt two
years old last spring which I bought of Thurman Overturf _____
also south crib of corn and all the wheat, oats and other
grains that I have on hand and all the fire place and stove
wood, that is cut on the farm, and also a lot of shingles,
and the potatoes, and all other provisions provided for the use
of the family during her natural life.
Item 3rd. And at the death of my said wife, I devise that all
the foregoing described property and whatever there may be
real and personal shall be divided equally between all
my younger children including Douglass and all younger
than him.
Item 4th. I give and bequeath to my son Francis W. Gorsuch
the portion of the farm that I now own known Hoover
farm, that lies in Franklin County. Plain Township excep-
-ting about twenty one acres that was once owned by Jackson Fix.
[corresponds to labeled page 226 of Will Records Vol. 4 - 1859-1869]
226
Record of the Will of Nathan Gorsuch decd. January 5th 1866.
Proceedings had before Thomas W. Powell Judge of
the Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on
the 5th day of January A.D. 1866.
This day the last will and testament of Nathan Gorsuch
late of Harlem Township in this county deceased, was pre-
-sented for probate and records. Thereupon Lyman B. Hanover
and Aaron Whitten the subscribing witnesses to the said will
came into court, and were duly sworn and examined, and
their testimony reduced to writing, and now annexed to the
will and filed therewith and it appearing to the court that
the said will was duly executed and attested, and that the
testator at the time of executing the same, was of full
age, and of sound mind and memory and not under any
restraint, whereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Nathan Gorsuch
decd. was ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All. I Nathan
Gorsuch of Harlem Township Delaware County, Ohio, in view
of the certainty of death and the uncertainty of life do make
and publish this my last will and testament._____
Item 1st I desire that my just debts, funeral and all other
necessary expenses shall be paid out of my personal estate.
Item 2nd. I give, devise and bequeath unto my beloved
wife in lieu of her dower the farm on which I now
reside, containing about one hundred and twenty two acres
of land; also the entire household goods and furnature,
and two head of horses, being the two oldest horses, and all the cows,
and cattle on the farm, and fifty head of sheep to be selected by
her out of the ewes, and all the hogs on the farm, and the
two horse waggons and double harness and a colt two
years old last spring which I bought of Thurman Overturf _____
also south crib of corn and all the wheat, oats and other
grains that I have on hand and all the fire place and stove
wood, that is cut on the farm, and also a lot of shingles,
and the potatoes, and all other provisions provided for the use
of the family during her natural life.
Item 3rd. And at the death of my said wife, I devise that all
the foregoing described property and whatever there may be
real and personal shall be divided equally between all
my younger children including Douglass and all younger
than him.
Item 4th. I give and bequeath to my son Francis W. Gorsuch
the portion of the farm that I now own known Hoover
farm, that lies in Franklin County. Plain Township excep-
-ting about twenty one acres that was once owned by Jackson Fix.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 259)
Description
[page 259]
[corresponds to labeled page 227 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Nathan Gorsuch decd. January 5th 1866.
227
Item 5th. I give devise and bequeath to my son Gary
P. Gorsuch the twenty one acres of land excepted in the
last mentioned item 4th; and also about fifty acres of land
that I own, being a portion of the farm formerly owned by
John Hanover deceased in Harlem Township Delaware County.
Item 6th. I desire that my friend David Gorsuch shall
take charge of and rent the farm described in item fourth
and fifth, and apply the proceeds of said farm to the payment
of a debt that I now owe which is not due, for said farm;
and if said claim is paid by the time that Francis W. Gorsuch
arrives to the age of twenty one, then said Francis W. have
possession of his portion; if not, to be rented until said
claim is paid; and I further desire that said David Gorsuch
shall continue to control and rent after said claim is paid;
the real estate described in Item 5th until my son Gary
shall arrive to the age of twenty one, and the proceeds
to go to the use of my family at home; and as soon as
Gary Gorsuch shall become of age then to have posses-
-sion of said estate.
Item 7th. I give and bequeath to my daughter Ellen Gorsuch
fifteen hundred dollars out of my personal estate.
Item 8th. The remainder of my personal estate after paying
the foregoing items specified, that my said wife shall have
five hundred dollars more to assist her in raising the
family if there should be so much, and if any more, then
the remainder to be equally divided between all my children.
Item 9th. I do hereby constitute and appoint David Gorsuch
executor of this my last will and testament.
And it is my fervent desire that my beloved wife shall ende-
-avor to keep the entire family together until they are grown and
settled in life; and hereby ernest request my two oldest children to
remain at home, to be kind and affectionate to each other, and
to the family; and that they all strive to live in peace. In testimony
whereof I have hereunto set my hand and seal this 30th day of November A.D. 1865.
Signed and acknowledged by the said (signed) Nathan Gorsuch (seal)
Nathan Gorsuch as his last will and testament in our presence
and signed by us in his presence this 30th day of November A.D. 1865.
(signed) Aaron Whitten
L. B. Hanover (end of the will.)
The State of Ohio, Delaware County, Ss. We Aaron Whitten and Lyman B. Hanover
being duly sworn in open court this 5th day of January A.D. 1866 depose and say that we were
present at the execution of the last will and testament of Nathan Gorsuch of Harlem Township
hereto annexed; that we saw 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 mind and memory and not under any rest-
-raint and that we signed the same as witnesses at his request and in his presence, and
in the presence of each other. (signed) Lyman B. Hanover
Sworn to & subscribed before me in the Probate Court Aaron Whitten
this 5th day of January A.D. 1866 T. W. Powell Probate Judge
[corresponds to labeled page 227 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Nathan Gorsuch decd. January 5th 1866.
227
Item 5th. I give devise and bequeath to my son Gary
P. Gorsuch the twenty one acres of land excepted in the
last mentioned item 4th; and also about fifty acres of land
that I own, being a portion of the farm formerly owned by
John Hanover deceased in Harlem Township Delaware County.
Item 6th. I desire that my friend David Gorsuch shall
take charge of and rent the farm described in item fourth
and fifth, and apply the proceeds of said farm to the payment
of a debt that I now owe which is not due, for said farm;
and if said claim is paid by the time that Francis W. Gorsuch
arrives to the age of twenty one, then said Francis W. have
possession of his portion; if not, to be rented until said
claim is paid; and I further desire that said David Gorsuch
shall continue to control and rent after said claim is paid;
the real estate described in Item 5th until my son Gary
shall arrive to the age of twenty one, and the proceeds
to go to the use of my family at home; and as soon as
Gary Gorsuch shall become of age then to have posses-
-sion of said estate.
Item 7th. I give and bequeath to my daughter Ellen Gorsuch
fifteen hundred dollars out of my personal estate.
Item 8th. The remainder of my personal estate after paying
the foregoing items specified, that my said wife shall have
five hundred dollars more to assist her in raising the
family if there should be so much, and if any more, then
the remainder to be equally divided between all my children.
Item 9th. I do hereby constitute and appoint David Gorsuch
executor of this my last will and testament.
And it is my fervent desire that my beloved wife shall ende-
-avor to keep the entire family together until they are grown and
settled in life; and hereby ernest request my two oldest children to
remain at home, to be kind and affectionate to each other, and
to the family; and that they all strive to live in peace. In testimony
whereof I have hereunto set my hand and seal this 30th day of November A.D. 1865.
Signed and acknowledged by the said (signed) Nathan Gorsuch (seal)
Nathan Gorsuch as his last will and testament in our presence
and signed by us in his presence this 30th day of November A.D. 1865.
(signed) Aaron Whitten
L. B. Hanover (end of the will.)
The State of Ohio, Delaware County, Ss. We Aaron Whitten and Lyman B. Hanover
being duly sworn in open court this 5th day of January A.D. 1866 depose and say that we were
present at the execution of the last will and testament of Nathan Gorsuch of Harlem Township
hereto annexed; that we saw 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 mind and memory and not under any rest-
-raint and that we signed the same as witnesses at his request and in his presence, and
in the presence of each other. (signed) Lyman B. Hanover
Sworn to & subscribed before me in the Probate Court Aaron Whitten
this 5th day of January A.D. 1866 T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 260)
Description
[page 260]
[corresponds to labeled page 228 of Will Records Vol. 4 - 1859-1869]
228
Record of the will of Summer Harris January 27th 1866.
Proceedings had before Thomas W. Powell judge of Probate
Court in and for the county of Delaware and state of Ohio, at his
office in the Town of Delaware on the 27th day of January
A.D. 1866.
This day the last will and testament of Summer Harris
late of Berkshire Township decd. was presented to the court
for probate and record. Thereupon William B.Boyd and
Madison Poppleton the witnesses to the will came into
court, and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will and filed therewith
and it appearing to the court that the said will was duly ex-
-ecuted and attested; and that the testator at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint; thereupon this court upon
consideration thereof, orders that the said will be admitted
to probate as duly proved as the last will and testament
of the said Summer Harris Decd. and ordered to be recorded
as such.
Copy and Record of the will.
In the Name of the Benevolent Father of All.
I Summer Harris 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 in lieu of her
dower one third of all my property both real and personal forever.
Item 2nd I give and devise to my two daughters Sarah Luellen
Furness and Clara Orvelle Harris the other two thirds of my property
the said Clara Orvelle receiving twelve hundred dollars more
than Sarah Luellen in lieu of what Sarah Luellen
has received.
Item 3rd I will and devise that at my decease all my pro-
-perty both real and personal be sold and converted into money
and after the payment of all my debts the money disposed of as
above devised.
Item 4th I do hereby nominate and appoint my old friend
Edward D. Howard of Columbus Executor of this my last will
and testament. (signed) Summer Harris (seal)
Signed and acknowledged by said Summer Harris
as his last will and testament in our presence.
and signed by us in his presence.
(Signed) William B. Boyd. (end of the
Madison Poppleton. will.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Summer Harris late of Berk-
-shire Township in said county decd.
We William B. Boyd and Madison Poppleton being duly sworn
in open court this 27th day of January A.D. 1866 depose and say
that we were present at the execution of the last will and testament
of Summer Harris of Berkshire Township hereto annexed;
[corresponds to labeled page 228 of Will Records Vol. 4 - 1859-1869]
228
Record of the will of Summer Harris January 27th 1866.
Proceedings had before Thomas W. Powell judge of Probate
Court in and for the county of Delaware and state of Ohio, at his
office in the Town of Delaware on the 27th day of January
A.D. 1866.
This day the last will and testament of Summer Harris
late of Berkshire Township decd. was presented to the court
for probate and record. Thereupon William B.Boyd and
Madison Poppleton the witnesses to the will came into
court, and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will and filed therewith
and it appearing to the court that the said will was duly ex-
-ecuted and attested; and that the testator at the time of executing
the same was of full age and of sound mind and memory
and not under any restraint; thereupon this court upon
consideration thereof, orders that the said will be admitted
to probate as duly proved as the last will and testament
of the said Summer Harris Decd. and ordered to be recorded
as such.
Copy and Record of the will.
In the Name of the Benevolent Father of All.
I Summer Harris 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 in lieu of her
dower one third of all my property both real and personal forever.
Item 2nd I give and devise to my two daughters Sarah Luellen
Furness and Clara Orvelle Harris the other two thirds of my property
the said Clara Orvelle receiving twelve hundred dollars more
than Sarah Luellen in lieu of what Sarah Luellen
has received.
Item 3rd I will and devise that at my decease all my pro-
-perty both real and personal be sold and converted into money
and after the payment of all my debts the money disposed of as
above devised.
Item 4th I do hereby nominate and appoint my old friend
Edward D. Howard of Columbus Executor of this my last will
and testament. (signed) Summer Harris (seal)
Signed and acknowledged by said Summer Harris
as his last will and testament in our presence.
and signed by us in his presence.
(Signed) William B. Boyd. (end of the
Madison Poppleton. will.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Summer Harris late of Berk-
-shire Township in said county decd.
We William B. Boyd and Madison Poppleton being duly sworn
in open court this 27th day of January A.D. 1866 depose and say
that we were present at the execution of the last will and testament
of Summer Harris of Berkshire Township hereto annexed;
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 261)
Description
[page 261]
[corresponds to labeled page 229 of Will Records Vol. 4 - 1859-1869
229
that we saw the said testator subscribe said will and heard
him publish and declare that 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 restraint, and that we signed the same as
witnesses at his request and in his presence and in
the presence of each other. (signed) Madison Poppleton
William B. Boyd
Sworn to and subscribed before me in the Probate Court this 24th
day of January A.D. 1866. T. W. Powell Probate Judge
__________ = __________
Record of the will of Augustus Curtis decd. January 29th, 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and state
of Ohio at his office in the Town of Delaware on the
19th day of January A.D. 1866.
On the 4th day of December last the last will and testament
Of Augustus Curtis late of Genoa Township decd. was presented
to this court for probate and record; thereupon Nathan Dustin one
of the witnesses to the said will, appeared in court and was
duly sworn and examined, and his testimony reduced to
writing, and annexed thereto and filed therewith. This matter
was then continued for the appearance and testimony of the
other witnesses thereto. And afterwards on this day William
B. Boyd the other witness to the said will appeared in court
and was duly sworn and examined, and his testimony
reduced to writing annexed to the will and filed therewith
and it now appearing to the court that the said will was
duly executed and attested, and that the said testator at the time
of executing the same was of full age, and of sound
mind and memory and not under any restraint. Thereupon
the court upon consideration thereof, orders that the said
will be admitted to probate duly proved as the last
will and testament of the said Augustus Curtis decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of all.
I, Augustus Curtis of Genoa Township, Delaware County
and State of Ohio, do make and publish this my last will and
testament: _____
First. I give and devise to my beloved wife in lieu of her
dower the homestead on which we now reside, situate
in Genoa Township on what is commonly called Yankie
Street, containing about seven acres; also about sixty
three acres of land in Harlem Township in aforesaid county
and State, being parts of lots 3 and 8 in the second quar-
-ter of said Township during her natural life; and all
[corresponds to labeled page 229 of Will Records Vol. 4 - 1859-1869
229
that we saw the said testator subscribe said will and heard
him publish and declare that 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 restraint, and that we signed the same as
witnesses at his request and in his presence and in
the presence of each other. (signed) Madison Poppleton
William B. Boyd
Sworn to and subscribed before me in the Probate Court this 24th
day of January A.D. 1866. T. W. Powell Probate Judge
__________ = __________
Record of the will of Augustus Curtis decd. January 29th, 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and state
of Ohio at his office in the Town of Delaware on the
19th day of January A.D. 1866.
On the 4th day of December last the last will and testament
Of Augustus Curtis late of Genoa Township decd. was presented
to this court for probate and record; thereupon Nathan Dustin one
of the witnesses to the said will, appeared in court and was
duly sworn and examined, and his testimony reduced to
writing, and annexed thereto and filed therewith. This matter
was then continued for the appearance and testimony of the
other witnesses thereto. And afterwards on this day William
B. Boyd the other witness to the said will appeared in court
and was duly sworn and examined, and his testimony
reduced to writing annexed to the will and filed therewith
and it now appearing to the court that the said will was
duly executed and attested, and that the said testator at the time
of executing the same was of full age, and of sound
mind and memory and not under any restraint. Thereupon
the court upon consideration thereof, orders that the said
will be admitted to probate duly proved as the last
will and testament of the said Augustus Curtis decd. and
ordered to be recorded as such.
Copy and record of the will.
In the name of the Benevolent Father of all.
I, Augustus Curtis of Genoa Township, Delaware County
and State of Ohio, do make and publish this my last will and
testament: _____
First. I give and devise to my beloved wife in lieu of her
dower the homestead on which we now reside, situate
in Genoa Township on what is commonly called Yankie
Street, containing about seven acres; also about sixty
three acres of land in Harlem Township in aforesaid county
and State, being parts of lots 3 and 8 in the second quar-
-ter of said Township during her natural life; and all
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 262)
Description
[page 262]
[corresponds to labeled page 230 of Will Records Vol. 4 - 1859-1869]
230
Record of the will of Augustus Curtis January 19th, 1866.
and all the stock, household goods, furnature, provisions and
other goods and chattels which may be on both of said prem
-ises at the time of my decease, during her natural life
as aforesaid -- she however selling so much of the personal
property, and the proceeds of the real estate as may be
sufficient to pay my just debts, and will provide for her and
our two children, and for other purposes as she may think
best. At the death of my said wife, the real estate aforesaid
and such part of the said personal property or the proceeds
thereof, as may then remain unconsumed and unexpended,
I give and devise equally to our sons Newell Curtis and
our daughter Harriet W. Curtis and their heirs.
Secondly. I do hereby nominate and appoint my beloved
wife guardian of my son Newell Curtis until the said Newell
Curtis arrives at the age of twenty one years.
Thirdly. I do hereby nominate and appoint my beloved wife
executrix of this my last will and testament, hereby authorizing
and empowering her to compromise, adjust, release and dis-
-charge in such manner as she may deem proper the
debts and claims due me.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this twenty nineth day of October in the year of
our Lord one thousand eight hundred and sixty three.
(signed) A. Curtis
Signed and acknowledged by said Augustus Curtis
as his last will and testament in our presence,
and signed by us in his presence.
(signed) Nathan Dustin
William B. Boyd.
Copy and Record of the testimony.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Augustus Curtis late of
Genoa Township deceased.
We Nathan Dustin and William B. Boyd being duly sworn in
open court this 4th day of December A.D. 1865, depose and say,
that we were present at the execution of the last will and testament
of Augustus Curtis of Genoa Township 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.
Nathan Dustin sworn to etc Dec. 4th 165. signed Nathan Dustin
Wm. B. Boyd sworn etc January 29th/66. William B. Boyd
Sworn to and subscribed before me in the Probate Court this 29th day of January
A.D. 1866 T. W. Powell Probate Judge
[corresponds to labeled page 230 of Will Records Vol. 4 - 1859-1869]
230
Record of the will of Augustus Curtis January 19th, 1866.
and all the stock, household goods, furnature, provisions and
other goods and chattels which may be on both of said prem
-ises at the time of my decease, during her natural life
as aforesaid -- she however selling so much of the personal
property, and the proceeds of the real estate as may be
sufficient to pay my just debts, and will provide for her and
our two children, and for other purposes as she may think
best. At the death of my said wife, the real estate aforesaid
and such part of the said personal property or the proceeds
thereof, as may then remain unconsumed and unexpended,
I give and devise equally to our sons Newell Curtis and
our daughter Harriet W. Curtis and their heirs.
Secondly. I do hereby nominate and appoint my beloved
wife guardian of my son Newell Curtis until the said Newell
Curtis arrives at the age of twenty one years.
Thirdly. I do hereby nominate and appoint my beloved wife
executrix of this my last will and testament, hereby authorizing
and empowering her to compromise, adjust, release and dis-
-charge in such manner as she may deem proper the
debts and claims due me.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this twenty nineth day of October in the year of
our Lord one thousand eight hundred and sixty three.
(signed) A. Curtis
Signed and acknowledged by said Augustus Curtis
as his last will and testament in our presence,
and signed by us in his presence.
(signed) Nathan Dustin
William B. Boyd.
Copy and Record of the testimony.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Augustus Curtis late of
Genoa Township deceased.
We Nathan Dustin and William B. Boyd being duly sworn in
open court this 4th day of December A.D. 1865, depose and say,
that we were present at the execution of the last will and testament
of Augustus Curtis of Genoa Township 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.
Nathan Dustin sworn to etc Dec. 4th 165. signed Nathan Dustin
Wm. B. Boyd sworn etc January 29th/66. William B. Boyd
Sworn to and subscribed before me in the Probate Court this 29th day of January
A.D. 1866 T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 263)
Description
[page 263]
[corresponds to labeled page 231 of Will Records Vol. 4 - 1859-1869]
231
Record of the will of Bela G. Davis decd. January 31st 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court, in and for the county of Delaware and state of Ohio
at his office in the town of Delaware on the 31st day of
January A.D. 1866.
This day the last will and testament of Bela G. Davis late of
Marlborough Township decd. was presented to the court for
probate and record. Thereupon Silas H. Cleveland and Harvey
Gillett, the witnesses to the said will, came into court, and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the said will and filed therewith. And it ap-
-pearing to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not under
any restraint; thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Bela G. Davis decd.
and ordered to be recorded as such.
Copy and record of said will.
In the name of the Benevolent Father of all.
I Bela G. Davis do make and publish this my last
will and testament.
Item 1st. I give and bequeath to my beloved wife in lieu
of her dower all my estate real and personal while she
shall remain my widow, and all household goods and fur-
nature, provisions and other goods and chattels, which may be
left at my decease during her widowhood, she selling
so much thereof as will pay my just debts and funeral expenses.
Item 2nd. I do hereby nominate and appoint my beloved wife
executor of this my last will and testament. Hereby authorizing
and empowering her to compromise, adjust, release and discharge
in such manner as she may think best or proper the debts
due me. I do also authorize and empower her if shall become
necessary in order to pay my debts to sell at private sale so
much of my personal property as will pay those debts.
I desire that no appraisement and no sale of my personal
property be made, and that the court of Probate direct the
omission of the same in pursuance of the statute.
I do hereby revoke all former wills by me made.
In testimoney hereof I have hereunto my hand and seal this
21st day of December A.D. 1865.
Signed and acknowledged by said Bela G. Davis (signed) B. G. Davis (seal)
as his last will and testament _____
in our presence and signed by us in his
presence. (Signed) Silas H. Cleveland
Harvey Gillett. end of the will
(over for the testimony)
[corresponds to labeled page 231 of Will Records Vol. 4 - 1859-1869]
231
Record of the will of Bela G. Davis decd. January 31st 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court, in and for the county of Delaware and state of Ohio
at his office in the town of Delaware on the 31st day of
January A.D. 1866.
This day the last will and testament of Bela G. Davis late of
Marlborough Township decd. was presented to the court for
probate and record. Thereupon Silas H. Cleveland and Harvey
Gillett, the witnesses to the said will, came into court, and were
duly sworn and examined, and their testimony reduced to writing
and now annexed to the said will and filed therewith. And it ap-
-pearing to the court that the said will was duly executed and attested
and that the testator at the time of executing the same was
of full age, and of sound mind and memory, and not under
any restraint; thereupon the court upon consideration thereof
orders that the said will be admitted to probate as duly proved
as the last will and testament of the said Bela G. Davis decd.
and ordered to be recorded as such.
Copy and record of said will.
In the name of the Benevolent Father of all.
I Bela G. Davis do make and publish this my last
will and testament.
Item 1st. I give and bequeath to my beloved wife in lieu
of her dower all my estate real and personal while she
shall remain my widow, and all household goods and fur-
nature, provisions and other goods and chattels, which may be
left at my decease during her widowhood, she selling
so much thereof as will pay my just debts and funeral expenses.
Item 2nd. I do hereby nominate and appoint my beloved wife
executor of this my last will and testament. Hereby authorizing
and empowering her to compromise, adjust, release and discharge
in such manner as she may think best or proper the debts
due me. I do also authorize and empower her if shall become
necessary in order to pay my debts to sell at private sale so
much of my personal property as will pay those debts.
I desire that no appraisement and no sale of my personal
property be made, and that the court of Probate direct the
omission of the same in pursuance of the statute.
I do hereby revoke all former wills by me made.
In testimoney hereof I have hereunto my hand and seal this
21st day of December A.D. 1865.
Signed and acknowledged by said Bela G. Davis (signed) B. G. Davis (seal)
as his last will and testament _____
in our presence and signed by us in his
presence. (Signed) Silas H. Cleveland
Harvey Gillett. end of the will
(over for the testimony)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 264)
Description
[page 264]
[corresponds to labeled page 232 of Will Records Vol. 4 - 1859-1869]
232
Record of the Will of Bela G. Davis decd. January 31st 1866.
Record of the testimony.
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Bela G. Davis
late of Marlborough Township deceased.
We Silas H. Cleveland and Harvey Gillett being duly sworn
in open court this 31st day of January A.D. 1866, depose
and say, that we were present at the execution of the last
will and testament of Bela G. Davis of Marlborough Township
hereto annexed; that we saw the said testator subscribe the
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.
(signed) S. H. Cleveland
Harvey Gillett.
Sworn to and subscribed before me in the Probate Court
this 31st day of January A.D. 1866
T. W. Powell Probate judge.
__________ = __________
Record of the will of Henry Smith decd. January 31st 1866.
Proceedings heard before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware, on the 31st
day of January A.D. 1866.
On the 26th day of the present month, the last will and
testament of Henry Smith late of Marlborough Township
decd. was presented to this court for probate and record.
thereupon James F. Winterwute one of the witnesses subscribing
to the said will, came into court, and was duly sworn
and examined and his testimony reduced to writing
annexed to the will and filed therewith. This matter was then
continued for the testimony of the other witness. And now
on this day Silas H. Cleveland the other witness to the
said will, came into court, was duly sworn and examined
and his testimony reduced to writing, and annexed to the
will and filed therewith. Thereupon it appearing to the court
that the said will was duly executed and attested; and that the
said testator at the time of executing the same, was of sound
mind and memory, and not under any restraint, the court
upon consideration thereof, orders that the said will be admitted to
probate as the last will and testament of the said Henry Smith decd
and ordered to be recorded as such.
Copy and record of the will.
I Henry Smith of the County of Delaware in the
State of Ohio do make and publish this my last will and
[corresponds to labeled page 232 of Will Records Vol. 4 - 1859-1869]
232
Record of the Will of Bela G. Davis decd. January 31st 1866.
Record of the testimony.
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Bela G. Davis
late of Marlborough Township deceased.
We Silas H. Cleveland and Harvey Gillett being duly sworn
in open court this 31st day of January A.D. 1866, depose
and say, that we were present at the execution of the last
will and testament of Bela G. Davis of Marlborough Township
hereto annexed; that we saw the said testator subscribe the
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.
(signed) S. H. Cleveland
Harvey Gillett.
Sworn to and subscribed before me in the Probate Court
this 31st day of January A.D. 1866
T. W. Powell Probate judge.
__________ = __________
Record of the will of Henry Smith decd. January 31st 1866.
Proceedings heard before Thomas W. Powell Judge of the
Probate Court in and for the county of Delaware and State of
Ohio, at his office in the Town of Delaware, on the 31st
day of January A.D. 1866.
On the 26th day of the present month, the last will and
testament of Henry Smith late of Marlborough Township
decd. was presented to this court for probate and record.
thereupon James F. Winterwute one of the witnesses subscribing
to the said will, came into court, and was duly sworn
and examined and his testimony reduced to writing
annexed to the will and filed therewith. This matter was then
continued for the testimony of the other witness. And now
on this day Silas H. Cleveland the other witness to the
said will, came into court, was duly sworn and examined
and his testimony reduced to writing, and annexed to the
will and filed therewith. Thereupon it appearing to the court
that the said will was duly executed and attested; and that the
said testator at the time of executing the same, was of sound
mind and memory, and not under any restraint, the court
upon consideration thereof, orders that the said will be admitted to
probate as the last will and testament of the said Henry Smith decd
and ordered to be recorded as such.
Copy and record of the will.
I Henry Smith of the County of Delaware in the
State of Ohio do make and publish this my last will and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 265)
Description
[page 265]
[corresponds to labeled page 233 of Will Records Vol. 4 - 1859-1869]
233.
Records of the Will of Henry Smith decd. January 31st 1866.
testament in the 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
Sabriny Smith all my estate, real and personal during her
natural life; she however first disposing of a sufficiency
thereof to pay my just debts as aforesaid. And at the death
of my said wife all the property hereby devised or bequeathed
to her as aforesaid or so much thereof as may there remain
unexpended to my three sons, Russell B. Smith, Jeremiah
W. Smith and Fletcher D. Smith and to their heirs and assigns forever.
Third. I give and devise to my oldest son Russell B. Smith
that part of my land leighing and being in Range nineteen
(19) Township six (6) Section two (2) Lot six (6) West of the Columbus and
Sandusky Turnpike.
Fourth. I give and devise to my second son Jeremiah
W. Smith, that part of my land leighing and being in Range
nineteen (19) Township six (6) Section half one (1/2 1. Lot
four (4)
Fifth. I give and devise to my third son Fletcher D. Smith
all the residue of my real estate, and all my personal
property that shall remain unexpended at the death of
my wife. And lastly I hereby constitute and appoint
my said wife Sabrina Smith and my said son Fletcher D.
Smith to be the executors for this my last will and testament
revoking and annulling all former wills by me made,
and ratify and confirm this and no other to be my last
will and testament.
In testimony whereof I have hereunto set my hand
and seal this fourth day of Feb. AD. 1865.
(signed) Henry Smith {seal}
Signed, published and declared by the above named
Henry Smith as and for his last will and testament
in presence of us, who at his request have
signed as witnesses to the same.
(Signed) S.H. Cleveland
Jas. F. Wintermute. End of the Will
(Record of the testimony) The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Henry Smith of Marlborough Township decd.
We James F. Wintermute and Silas H. Cleveland being duly sworn in open court
this 26th day of January AD 1866, depose and say that we were present at the execution
of the last will and testament of Henry Smith of Marlborough Township hereto annexed;
that we saw the said testator subscribe said will, and heard him publish and declare
the same to be his last will & testament, and that the said testator at the time of executing
the same was of full age, 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) Jas. F. Wintermute
Sworn to & subscribed before me in the Probate Court S. H. Cleveland
this 31st day of January AD 1866. T.W. Powell Pro. Judge
[corresponds to labeled page 233 of Will Records Vol. 4 - 1859-1869]
233.
Records of the Will of Henry Smith decd. January 31st 1866.
testament in the 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
Sabriny Smith all my estate, real and personal during her
natural life; she however first disposing of a sufficiency
thereof to pay my just debts as aforesaid. And at the death
of my said wife all the property hereby devised or bequeathed
to her as aforesaid or so much thereof as may there remain
unexpended to my three sons, Russell B. Smith, Jeremiah
W. Smith and Fletcher D. Smith and to their heirs and assigns forever.
Third. I give and devise to my oldest son Russell B. Smith
that part of my land leighing and being in Range nineteen
(19) Township six (6) Section two (2) Lot six (6) West of the Columbus and
Sandusky Turnpike.
Fourth. I give and devise to my second son Jeremiah
W. Smith, that part of my land leighing and being in Range
nineteen (19) Township six (6) Section half one (1/2 1. Lot
four (4)
Fifth. I give and devise to my third son Fletcher D. Smith
all the residue of my real estate, and all my personal
property that shall remain unexpended at the death of
my wife. And lastly I hereby constitute and appoint
my said wife Sabrina Smith and my said son Fletcher D.
Smith to be the executors for this my last will and testament
revoking and annulling all former wills by me made,
and ratify and confirm this and no other to be my last
will and testament.
In testimony whereof I have hereunto set my hand
and seal this fourth day of Feb. AD. 1865.
(signed) Henry Smith {seal}
Signed, published and declared by the above named
Henry Smith as and for his last will and testament
in presence of us, who at his request have
signed as witnesses to the same.
(Signed) S.H. Cleveland
Jas. F. Wintermute. End of the Will
(Record of the testimony) The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Henry Smith of Marlborough Township decd.
We James F. Wintermute and Silas H. Cleveland being duly sworn in open court
this 26th day of January AD 1866, depose and say that we were present at the execution
of the last will and testament of Henry Smith of Marlborough Township hereto annexed;
that we saw the said testator subscribe said will, and heard him publish and declare
the same to be his last will & testament, and that the said testator at the time of executing
the same was of full age, 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) Jas. F. Wintermute
Sworn to & subscribed before me in the Probate Court S. H. Cleveland
this 31st day of January AD 1866. T.W. Powell Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 266)
Description
[page 266]
[corresponds to labeled page 234 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Roswell Tuller March 8th 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio,
at his office in the town of Delaware on the 8th day of
March A.D. 1866.
This day the last will and testament of Roswell Tuller late
of Liberty Township in this county deceased, was presented to the
Court for probate and record. Thereupon James R. Youel and
John W. clark witnesses to the said will came into court, and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the said will and filed therewith,
and it appearing to the court that said will was duly executed
and attested, and that the testator at the time of executing
the same, was of full age, and of sound mind and memory
and not acting under any restraint; thereupon the
court, upon consideration thereof, orders that the said
will be admitted to probate as the last will and testament
of the said Roswell Tuller decd. and ordered to be recorded
as such; to wit: -
Copy of the Will.
In the name of the Benevolent Father of All.
I Roswell Tuller of Liberty Township Delaware Co.
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 a part of the farm on which we live commencing
at the south east corner of said farm running west 60 rods
parallel with the east and west county road; thence north about
38 rods to a lane in the said farm; thence west to the
Section line; thence north to land owned by E. Night; thence
east to land owned by J. M. Standish; thence south about
20 rods; thence east to the north and south county roads; thence
South to the place of beginning; containing about fifty
acres of land during her natural life. At the death
of my said wife the real estate aforesaid I give and devise
to my son Edgar P. Tuller and his heirs.
Item 2nd. I also give all my household goods and chattels
stock, furnature, provisions and other goods and chattels,
which may be thereon at the time of my decease to my
wife -
Item 3rd. I devise and bequeath to my son Alvin Tuller
the sum of fifty dollars.
Item 4th. I devise and bequeath to my son Homer Tuller the
sum of fifty dollars.
Item 5th. I give and bequeath to my daughter Cynthia M.
Parks the sum of fifty dollars.
Item 6th. I give and bequeath to my daughter Martha L.
Standish the sum of two hundred dollars.
Item 7th. I give and bequeath to my daughter Lydia L.
Freshwater the sum of two hundred dollars.
[corresponds to labeled page 234 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Roswell Tuller March 8th 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio,
at his office in the town of Delaware on the 8th day of
March A.D. 1866.
This day the last will and testament of Roswell Tuller late
of Liberty Township in this county deceased, was presented to the
Court for probate and record. Thereupon James R. Youel and
John W. clark witnesses to the said will came into court, and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the said will and filed therewith,
and it appearing to the court that said will was duly executed
and attested, and that the testator at the time of executing
the same, was of full age, and of sound mind and memory
and not acting under any restraint; thereupon the
court, upon consideration thereof, orders that the said
will be admitted to probate as the last will and testament
of the said Roswell Tuller decd. and ordered to be recorded
as such; to wit: -
Copy of the Will.
In the name of the Benevolent Father of All.
I Roswell Tuller of Liberty Township Delaware Co.
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 a part of the farm on which we live commencing
at the south east corner of said farm running west 60 rods
parallel with the east and west county road; thence north about
38 rods to a lane in the said farm; thence west to the
Section line; thence north to land owned by E. Night; thence
east to land owned by J. M. Standish; thence south about
20 rods; thence east to the north and south county roads; thence
South to the place of beginning; containing about fifty
acres of land during her natural life. At the death
of my said wife the real estate aforesaid I give and devise
to my son Edgar P. Tuller and his heirs.
Item 2nd. I also give all my household goods and chattels
stock, furnature, provisions and other goods and chattels,
which may be thereon at the time of my decease to my
wife -
Item 3rd. I devise and bequeath to my son Alvin Tuller
the sum of fifty dollars.
Item 4th. I devise and bequeath to my son Homer Tuller the
sum of fifty dollars.
Item 5th. I give and bequeath to my daughter Cynthia M.
Parks the sum of fifty dollars.
Item 6th. I give and bequeath to my daughter Martha L.
Standish the sum of two hundred dollars.
Item 7th. I give and bequeath to my daughter Lydia L.
Freshwater the sum of two hundred dollars.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 267)
Description
[page 267]
[corresponds to labeled page 235 of Will Records Vol. 4 - 1859-1869]
235.
Record of the Will of Roswell Tuller decd. March 8th 1866.
Item 8th. I give and bequeath unto my grand daughter
Georgia Tuller the sum of fifty dollars.
Item 9th. I give and bequeath all my farming uten=
-sils, wagon, the residue of my land and all other property
to my son Edgar P. Tuller - the said Edgar P. Tuller to pay
my funeral expenses; and pay the balance of my children
the said sums herein bequeath to them.
Item 10th I do hereby nominate and appoint my sons Alvin
Tuller and Edgar P. Tuller executor 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 me.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and seal
this 28th day of November in the year 1865.
Signed and acknowledged by said (Signed) Roswell Tuller
Roswell Tuller as his last will and testament
in our presence and signed by us in
his presence (signed) James R. Youel
John W. Clark.
Record of the testimony: _____
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Roswell Tuller late
of Liberty Township deceased.
We James R. Youel and John W. Clark being duly
sworn in open court this 8th day of March A.D. 1866. depose
and say, that we were present at the execution of the last
will and testament of Roswell Tuller of Liberty Township 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. (signed) James A. Youel
John B. Clark
Sworn to and subscribed before me in the Probate Court this
8th day of March A.D. 1866 T. W. Powell Probate Judge.
[corresponds to labeled page 235 of Will Records Vol. 4 - 1859-1869]
235.
Record of the Will of Roswell Tuller decd. March 8th 1866.
Item 8th. I give and bequeath unto my grand daughter
Georgia Tuller the sum of fifty dollars.
Item 9th. I give and bequeath all my farming uten=
-sils, wagon, the residue of my land and all other property
to my son Edgar P. Tuller - the said Edgar P. Tuller to pay
my funeral expenses; and pay the balance of my children
the said sums herein bequeath to them.
Item 10th I do hereby nominate and appoint my sons Alvin
Tuller and Edgar P. Tuller executor 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 me.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and seal
this 28th day of November in the year 1865.
Signed and acknowledged by said (Signed) Roswell Tuller
Roswell Tuller as his last will and testament
in our presence and signed by us in
his presence (signed) James R. Youel
John W. Clark.
Record of the testimony: _____
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of Roswell Tuller late
of Liberty Township deceased.
We James R. Youel and John W. Clark being duly
sworn in open court this 8th day of March A.D. 1866. depose
and say, that we were present at the execution of the last
will and testament of Roswell Tuller of Liberty Township 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. (signed) James A. Youel
John B. Clark
Sworn to and subscribed before me in the Probate Court this
8th day of March A.D. 1866 T. W. Powell Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 268)
Description
[page 268]
[corresponds to labeled page 236 of Will Records Vol. 4 - 1859-1869]
236
Record of the will of Andrew Caldwell decd. March 12th 1866.
Proceedings had before Thomas W. Powell judge of the Probate
Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware, on this 12th day
of March A.D. 1866.
This day the last will and testament of Andrew Caldwell
late of Trenton Township in the county was presented for
probate and record. Thereupon Thomas M. Cole and Samuel
Barcus the witnesses to the said will came into court, and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed
and attested, and that the said testator at the time of executing
the same, was of full age, and of sound mind and memory
and not under any restraint; thereupon the court upon con-
-sideration thereof, orders that the said will be admitted to probate
as the last will and testament of the said Andrew Caldwell
decd. and ordered to be recorded as such.
Copy and record of the will: _____
In the name of the Benevolent Father of All.
I Andrew Caldwell of Trenton Township, Delaware County, Ohio,
in view of the uncertainty of life and the certainty of death
do hereby make and publish this my last will and testament.
Item 1st. I desire that all my just debts, funeral and all other
necessary expenses to be paid out of my personal estate.
Item 2nd. I give and bequeath to my beloved wife in lieu of
her dower, the farm on which I now reside, containing
about eighty four acres; and also fifteen aces of woods
land off of the north part of the tract of forty five acres -
that was deeded by Joseph Jacobus and wife to Andrew Caldwell
and also the entire household goods and eight hundred dollars
in money during her natural life; and at the death of my
said wife, mention in the property in the foregoing items fall to Joseph A. Cald-
-well my son.
Item 3rd. I give and bequeath to my son Jesse Caldwell a certain
tract of land deeded by Squire Wheaton and wife to Andrew
Caldwell containing ninety four acres and one hundred and
four rods as described in said deed.
Item 4th. I give and bequeath to my daughter Mary Jane Frank
the west half of a certain tract of land deeded by Isaac Meridith
to Alexander Caldwell containing ninety four acres more
or less, during her natural life and at her death to fall to her
son Andrew C. Franks.
Item 5th. I give and bequeath to my son James Caldwell the
east half of the above described tract in the last mentioned item.
Item 6th. I give and bequeath to my son Alexandria Cald-
-well the remaining thirty acres of land belonging to the forty
five acre tract mentioned in item record.
Item 7th. I give and bequeath to my son Thomas Caldwell
[corresponds to labeled page 236 of Will Records Vol. 4 - 1859-1869]
236
Record of the will of Andrew Caldwell decd. March 12th 1866.
Proceedings had before Thomas W. Powell judge of the Probate
Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware, on this 12th day
of March A.D. 1866.
This day the last will and testament of Andrew Caldwell
late of Trenton Township in the county was presented for
probate and record. Thereupon Thomas M. Cole and Samuel
Barcus the witnesses to the said will came into court, and
were duly sworn and examined, and their testimony reduced
to writing, and now annexed to the will and filed therewith; and
it appearing to the court that the said will was duly executed
and attested, and that the said testator at the time of executing
the same, was of full age, and of sound mind and memory
and not under any restraint; thereupon the court upon con-
-sideration thereof, orders that the said will be admitted to probate
as the last will and testament of the said Andrew Caldwell
decd. and ordered to be recorded as such.
Copy and record of the will: _____
In the name of the Benevolent Father of All.
I Andrew Caldwell of Trenton Township, Delaware County, Ohio,
in view of the uncertainty of life and the certainty of death
do hereby make and publish this my last will and testament.
Item 1st. I desire that all my just debts, funeral and all other
necessary expenses to be paid out of my personal estate.
Item 2nd. I give and bequeath to my beloved wife in lieu of
her dower, the farm on which I now reside, containing
about eighty four acres; and also fifteen aces of woods
land off of the north part of the tract of forty five acres -
that was deeded by Joseph Jacobus and wife to Andrew Caldwell
and also the entire household goods and eight hundred dollars
in money during her natural life; and at the death of my
said wife, mention in the property in the foregoing items fall to Joseph A. Cald-
-well my son.
Item 3rd. I give and bequeath to my son Jesse Caldwell a certain
tract of land deeded by Squire Wheaton and wife to Andrew
Caldwell containing ninety four acres and one hundred and
four rods as described in said deed.
Item 4th. I give and bequeath to my daughter Mary Jane Frank
the west half of a certain tract of land deeded by Isaac Meridith
to Alexander Caldwell containing ninety four acres more
or less, during her natural life and at her death to fall to her
son Andrew C. Franks.
Item 5th. I give and bequeath to my son James Caldwell the
east half of the above described tract in the last mentioned item.
Item 6th. I give and bequeath to my son Alexandria Cald-
-well the remaining thirty acres of land belonging to the forty
five acre tract mentioned in item record.
Item 7th. I give and bequeath to my son Thomas Caldwell
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 269)
Description
[page 269]
[corresponds to labeled page 237 of Will Records Vol. 4 - 1859-1869]
237
Record of the will of Andrew Caldwell decd. March 12th 1866.
my claim against him and also ten dollars in money.
Item 8th. I give and to my son Joseph A. Caldwell fifteen
hundred dollars out of my personal property.
item 9th The remaining portion of my personal property after
the foregoing items, I desire to be equally divided between
my two sons James A. Caldwell, Alexandra Caldwell
and my daughter Mary Jane Franks.
Item 10th. I do hereby nominate and appoint Lyman B.
Hanover of Harlem Tp. executor of this my last will and
testament.
Item 11th. I do hereby revoke all former wills made by me.
October 27th A.D. 1865. (Signed) Andrew Caldwell (seal)
Signed and acknowledged by the said Andrew Caldwell
as his last will and testament in our presents, and
signed by us in his presents this 27th day of October 1865 (end of the will)
Signed T. M. Cole
Samuel Barcus.
Record of the testimony.
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Andrew Caldwell of
Trenton Township deceased.
We Thomas M. Cole and Samuel Barcus being duly sworn
in open court this 12th day of March A.D. 1866, depose and say
that we were present at the execution of the last will and testament
of Andrew Caldwell of Trenton Township hereto annexed; that
we saw the said testator subscribe the 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 pres-
-sence of each other.
(Signed) T. M. Cole
Samuel Barcus
Sworn to and subscribed before me in the Probate Court this
12th day of March A.D. 1866.
T. W. Powell Probate Judge
[corresponds to labeled page 237 of Will Records Vol. 4 - 1859-1869]
237
Record of the will of Andrew Caldwell decd. March 12th 1866.
my claim against him and also ten dollars in money.
Item 8th. I give and to my son Joseph A. Caldwell fifteen
hundred dollars out of my personal property.
item 9th The remaining portion of my personal property after
the foregoing items, I desire to be equally divided between
my two sons James A. Caldwell, Alexandra Caldwell
and my daughter Mary Jane Franks.
Item 10th. I do hereby nominate and appoint Lyman B.
Hanover of Harlem Tp. executor of this my last will and
testament.
Item 11th. I do hereby revoke all former wills made by me.
October 27th A.D. 1865. (Signed) Andrew Caldwell (seal)
Signed and acknowledged by the said Andrew Caldwell
as his last will and testament in our presents, and
signed by us in his presents this 27th day of October 1865 (end of the will)
Signed T. M. Cole
Samuel Barcus.
Record of the testimony.
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Andrew Caldwell of
Trenton Township deceased.
We Thomas M. Cole and Samuel Barcus being duly sworn
in open court this 12th day of March A.D. 1866, depose and say
that we were present at the execution of the last will and testament
of Andrew Caldwell of Trenton Township hereto annexed; that
we saw the said testator subscribe the 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 pres-
-sence of each other.
(Signed) T. M. Cole
Samuel Barcus
Sworn to and subscribed before me in the Probate Court this
12th day of March A.D. 1866.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 270)
Description
[page 270]
[corresponds to labeled page 238 of Will Records Vol. 4 - 1859-1869]
238
Record of the will of Hugh M. Stephen decd. March 29th 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the said County of Delaware in the
State of Ohio at his office in the Town of Delaware
on the 29th day of March A.D. 1866.
This day the last will and testament of Hugh M. Stephen
late of the said county decd. was presented to the court for
probate and record. Thereupon Abraham Trop and William
E. Kirk, subscribing witnesses to the said will came into
court, and were duly sworn and examined, and this testi-
-mony reduced to writing, and now annexed to the said
will and filed therewith, and it appearing to the court that
the said will was duly executed and attested, and that the said
testator at the time of executing the same was of full
age, and of sound mind and memory and not under
any restraint. Thereupon the court, whose consider-
-ation thereof, orders that the said will be admitted to
probate as the last will and testament of the said Hugh
M. Stephen decd. and ordered to be recorded as such.
Copy and record of the will; to wit: _____
In the name of the Father of All Men. I Hugh M. Stephen
of the county of Delaware and State of Ohio, do make, publish
and declare the following to be my last will and testament.
Item 1st. After all my debts is paid and fully discharged, I will to my
sisters Mary Palmer and Nancy Crawford each an equal share
of the rents of the house and lot in the town of Fairfield in the county
of Greene and State of Ohio, until property is sold, after sale
of the said property they are to have the interest of the amount
for which the said property sells, (taxes and other expenses excepted)
during their natural lives, or each of them one half of the
said rents or interest during their life.
Item 2nd. I will and hereby appropriate the sum of one thousand
dollars for the purpose of erecting suitable monuments to the
graves of my father, mother, myself, wife & child in the graveyard
on Bokes creek, Delaware County, Ohio; the amount of each said mon-
-ument to be taken from the fund obtained from the sale of the
lot in Fairfield (above mentioned) and erected after the death of my two
sisters: should either, or both of my sisters at their decease be buried
at said grave yard; then suitable lettering may be made on the same
monuments including them with their father and mother.
Item 3rd I will to Mary and Martha Kirkwood each two hundred-fifty
dollars. To Joseph Stephen, Wm. F. Stephen to George Stephen each two hun-
-dred fifty dollars. To Josephene Crawford two hundred and fifty dollars.
To Stephen Crawford fifty dollars, To Martha Rose two hundred dollars
to be paid to them after the settlement of my estate.
Item 4th. I will and bequeath to Marsh Rose my gold watch. Also
to Joseph Stephen all my clothing to be delivered at any time
after my decease without appraisement.
[corresponds to labeled page 238 of Will Records Vol. 4 - 1859-1869]
238
Record of the will of Hugh M. Stephen decd. March 29th 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the said County of Delaware in the
State of Ohio at his office in the Town of Delaware
on the 29th day of March A.D. 1866.
This day the last will and testament of Hugh M. Stephen
late of the said county decd. was presented to the court for
probate and record. Thereupon Abraham Trop and William
E. Kirk, subscribing witnesses to the said will came into
court, and were duly sworn and examined, and this testi-
-mony reduced to writing, and now annexed to the said
will and filed therewith, and it appearing to the court that
the said will was duly executed and attested, and that the said
testator at the time of executing the same was of full
age, and of sound mind and memory and not under
any restraint. Thereupon the court, whose consider-
-ation thereof, orders that the said will be admitted to
probate as the last will and testament of the said Hugh
M. Stephen decd. and ordered to be recorded as such.
Copy and record of the will; to wit: _____
In the name of the Father of All Men. I Hugh M. Stephen
of the county of Delaware and State of Ohio, do make, publish
and declare the following to be my last will and testament.
Item 1st. After all my debts is paid and fully discharged, I will to my
sisters Mary Palmer and Nancy Crawford each an equal share
of the rents of the house and lot in the town of Fairfield in the county
of Greene and State of Ohio, until property is sold, after sale
of the said property they are to have the interest of the amount
for which the said property sells, (taxes and other expenses excepted)
during their natural lives, or each of them one half of the
said rents or interest during their life.
Item 2nd. I will and hereby appropriate the sum of one thousand
dollars for the purpose of erecting suitable monuments to the
graves of my father, mother, myself, wife & child in the graveyard
on Bokes creek, Delaware County, Ohio; the amount of each said mon-
-ument to be taken from the fund obtained from the sale of the
lot in Fairfield (above mentioned) and erected after the death of my two
sisters: should either, or both of my sisters at their decease be buried
at said grave yard; then suitable lettering may be made on the same
monuments including them with their father and mother.
Item 3rd I will to Mary and Martha Kirkwood each two hundred-fifty
dollars. To Joseph Stephen, Wm. F. Stephen to George Stephen each two hun-
-dred fifty dollars. To Josephene Crawford two hundred and fifty dollars.
To Stephen Crawford fifty dollars, To Martha Rose two hundred dollars
to be paid to them after the settlement of my estate.
Item 4th. I will and bequeath to Marsh Rose my gold watch. Also
to Joseph Stephen all my clothing to be delivered at any time
after my decease without appraisement.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 271)
Description
[page 271]
[corresponds to labeled page 239 of Will Records Vol. 4 - 1859-1869]
239
Record of the will of Hugh M. Stephen decd. March 29th 1866.
Item 5th. After the payment of the foregoing bequests the remainder
of my estate shall be equally divided between the heirs of my
brother Z. Stephen & my sisters Mary Palmer and Nancy Crawford.
Item 6th. I hereby appoint Wm. M. Barren executor of this my last
will and testament authorizing and empowering him to compromise,
adjust, release & discharge in such manner as he may deem
proper any debts and claims due me. I do further authorise
and empower him to sell at private sale, upon such terms of
credit as he may think proper, (for the interest of the estate) the house
and lot in Fairfield, Greene County, Ohio, and deed or deeds to purchas-
-ers to execute, acknowledge and deliver in the fee simple. I hereby give
to said executor the term of twelve years - or at the death of my
sisters on, and thereafter until the death of my two sisters to settle
my estate, authorizing him to loan any money which which may
come in to his hands from time to time until my estate may be
settled & the legacies paid off, to Alford Rose of Delaware Co. Ohio,
at 6 percent per annum, or to invest in other surities in case
the said Rose refuses to take the same.
In testimony hereof I have hereunto set my hand and seal this 14th
day of March 1866. (signed) H. M. Stephen (seal)
witnesses (signed) A. Trop.
Wm. E. Kirk (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Hugh M. Stephen late of Sciota
Township, deceased.
We Abraham Trop and William E. Kirk being duly sworn in
open court this 29th day of March A.D. 1866, depose and say, that we
were present at the execution of the last will and testament of Hugh
M. Stephen of Sciota Township, hereto annexed; that we saw the same
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 witnessed at his request and in his presence and in the presence of
each other. (signed) Abraham Trop
Wm. E. Kirk
Sworn to and subscribed before me in Probate Court this 29th
day of March A.D. 1866. T. W. Powell, Probate Judge.
[corresponds to labeled page 239 of Will Records Vol. 4 - 1859-1869]
239
Record of the will of Hugh M. Stephen decd. March 29th 1866.
Item 5th. After the payment of the foregoing bequests the remainder
of my estate shall be equally divided between the heirs of my
brother Z. Stephen & my sisters Mary Palmer and Nancy Crawford.
Item 6th. I hereby appoint Wm. M. Barren executor of this my last
will and testament authorizing and empowering him to compromise,
adjust, release & discharge in such manner as he may deem
proper any debts and claims due me. I do further authorise
and empower him to sell at private sale, upon such terms of
credit as he may think proper, (for the interest of the estate) the house
and lot in Fairfield, Greene County, Ohio, and deed or deeds to purchas-
-ers to execute, acknowledge and deliver in the fee simple. I hereby give
to said executor the term of twelve years - or at the death of my
sisters on, and thereafter until the death of my two sisters to settle
my estate, authorizing him to loan any money which which may
come in to his hands from time to time until my estate may be
settled & the legacies paid off, to Alford Rose of Delaware Co. Ohio,
at 6 percent per annum, or to invest in other surities in case
the said Rose refuses to take the same.
In testimony hereof I have hereunto set my hand and seal this 14th
day of March 1866. (signed) H. M. Stephen (seal)
witnesses (signed) A. Trop.
Wm. E. Kirk (end of the will.)
Record of the testimony.
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Hugh M. Stephen late of Sciota
Township, deceased.
We Abraham Trop and William E. Kirk being duly sworn in
open court this 29th day of March A.D. 1866, depose and say, that we
were present at the execution of the last will and testament of Hugh
M. Stephen of Sciota Township, hereto annexed; that we saw the same
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 witnessed at his request and in his presence and in the presence of
each other. (signed) Abraham Trop
Wm. E. Kirk
Sworn to and subscribed before me in Probate Court this 29th
day of March A.D. 1866. T. W. Powell, Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 272)
Description
[page 272]
[corresponds to labeled page 240 of Will Records Vol. 4 - 1859-1869]
240
Record of the will of Orson N. Cummins decd. April 7th, 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State of
Ohio at his office in the Town of Delaware on the 7th
day of April A.D. 1866.
This day the last will and testament of Orson N. Cummins
late of Orange Township in this county deceased was pre-
-sented for probate and record. Thereupon Robert L. Armstrong
and Gustavus Elsbree, subscribing witnesses to the said will came
into court, and were duly sworn and examined, and their
testimony reduced to writing, and now annexed thereto and
filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator at
the time of executing the same was of full age and of
sound mind and memory and not under any restraint.
Thereupon the court upon consideration thereof orders
that the said will be admitted to probate as the last will
and testament of the said Orson N. Cummings decd. and ordered
to be recorded as such.
Copy and record of the will, to wit: _____
In the name of the Benevolent Father of All.
I, Orson N. Cummins of Orange do make and publish this
my last will and testament.
Item 1st. I give and devise to my beloved brother John Francis
Cummins the undivided one half (1/2) of the farm on which
he now lives, which we bought of Wm. Bardsley, situated in Orange
Township Delaware County Ohio: Also the undivided one half
(1/2) of the farm which was willed to us by our father John
Cummins: ___ Also the undivided one half of the personal
property; except seventy five dollars ($75.) which is to be
otherwise disposed of.
Item 2nd. I give and devise to my nephew Albert Evans twenty
five dollars ($25) to be paid out of the undivided one half of the
personal property, when he arrives at the age of twenty one years
(21).
Item 3rd. I give and devise to my nephew John Evans twenty
five dollars (25$) to be paid out of the undivided one half of the
personal property, when he arrives at the age of twenty one years (21.).
Item 4th. I give and devise to my nephew Lovina A. Evans twenty
five dollars (25$) to be paid out of the undivided one half of the personal
property when he arrives at the age of eighteen years (18.).
Item 5th. I do hereby nominate and appoint John T. Cummins
and George F. Elsbree executors of this my last will and testament
hereby authorizing and empowering them to compromise, adjust
release and discharge in such manner as they may deem
proper, the debts and claims due me. I do also authorize and
empower them, if it shall become necessary in order to pay
my debts, to sell by private sale, or in such manner, upon such
terms of credit or otherwise as they may think proper, all or any
[corresponds to labeled page 240 of Will Records Vol. 4 - 1859-1869]
240
Record of the will of Orson N. Cummins decd. April 7th, 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State of
Ohio at his office in the Town of Delaware on the 7th
day of April A.D. 1866.
This day the last will and testament of Orson N. Cummins
late of Orange Township in this county deceased was pre-
-sented for probate and record. Thereupon Robert L. Armstrong
and Gustavus Elsbree, subscribing witnesses to the said will came
into court, and were duly sworn and examined, and their
testimony reduced to writing, and now annexed thereto and
filed therewith; and it appearing to the court that the said
will was duly executed and attested, and that the testator at
the time of executing the same was of full age and of
sound mind and memory and not under any restraint.
Thereupon the court upon consideration thereof orders
that the said will be admitted to probate as the last will
and testament of the said Orson N. Cummings decd. and ordered
to be recorded as such.
Copy and record of the will, to wit: _____
In the name of the Benevolent Father of All.
I, Orson N. Cummins of Orange do make and publish this
my last will and testament.
Item 1st. I give and devise to my beloved brother John Francis
Cummins the undivided one half (1/2) of the farm on which
he now lives, which we bought of Wm. Bardsley, situated in Orange
Township Delaware County Ohio: Also the undivided one half
(1/2) of the farm which was willed to us by our father John
Cummins: ___ Also the undivided one half of the personal
property; except seventy five dollars ($75.) which is to be
otherwise disposed of.
Item 2nd. I give and devise to my nephew Albert Evans twenty
five dollars ($25) to be paid out of the undivided one half of the
personal property, when he arrives at the age of twenty one years
(21).
Item 3rd. I give and devise to my nephew John Evans twenty
five dollars (25$) to be paid out of the undivided one half of the
personal property, when he arrives at the age of twenty one years (21.).
Item 4th. I give and devise to my nephew Lovina A. Evans twenty
five dollars (25$) to be paid out of the undivided one half of the personal
property when he arrives at the age of eighteen years (18.).
Item 5th. I do hereby nominate and appoint John T. Cummins
and George F. Elsbree executors of this my last will and testament
hereby authorizing and empowering them to compromise, adjust
release and discharge in such manner as they may deem
proper, the debts and claims due me. I do also authorize and
empower them, if it shall become necessary in order to pay
my debts, to sell by private sale, or in such manner, upon such
terms of credit or otherwise as they may think proper, all or any
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 273)
Description
[page 273]
[corresponds to labeled page 241 of Will Records Vol. 4 - 1859-1869]
241
Record of the Will of Orsen M. Cummins decd. April 7th 1866.
part of my real estate, and deeds to purchasers to execute ackno-
-wledge and deliver in fee simple. I desire that no appraisement
and no sale of my personal property be made; and that the court
of probate direct the omission of the same in pursuance of the
statute. I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and seal
this 14th day of March in the year one thousand eight hundred
and sixty six. (1866.) (signed) Orson N. Cummins (seal)
Signed and acknowledged by said Orson N. Cummins
as his last will and testament in our presents; and
singed by us in his presents. (signed) Robert S. Armstrong
Gustavus Elsbree (end of the will)
(Record of the testimony.)
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Orson N. Cummins late
of Orange Township deceased.
We Robert S. Armstrong and Gustavus Elsbree being duly sworn
in open court this 7th day of April A.D. 1866, depose and say that
we were present at the execution of the last will and testament of Orson
N. Cummins of Orange Township 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. (signed) R. S. Armstrong
Gustavus Elsbree.
Sworn to and subscribed before me in Probate Court this 7th day of
April A.D. 1866 T. W. Powell Probate Judge
__________ = __________
Record of the will of Titus Knox decd. April 10th 1866.
Proceedings had before Thomas W. Powell judge of the Probate Court
in and for the county of Delaware and State of Ohio, at his office in
the Town of Delaware on the 10th day of April A.D. 1866.
This day the last will and testament of Titus Knox late
of this county decd. was presented for probate and record.
Thereupon George W. Perfect came in to court, he being one
of the subscribing witnesses to the said will, who being duly sworn
and examined, and his testimony reduced to writing, and annexed
to the will and filed therewith: and it appearing that Walter N.
Wyeth the other witness to the will being absent out of the
county, to wit, in Morgan County, Ohio; On motion it is ordered
that a Commission issue with the will annexed, to the Probate
judge of the said county of Morgan to take the testimony
of said Walter N. Wyeth said other witness to the said will, as to
the execution and attestation thereof. And this matter is continued
for the return of said commission and for further consideration. T. W. Powell Pro judge
[corresponds to labeled page 241 of Will Records Vol. 4 - 1859-1869]
241
Record of the Will of Orsen M. Cummins decd. April 7th 1866.
part of my real estate, and deeds to purchasers to execute ackno-
-wledge and deliver in fee simple. I desire that no appraisement
and no sale of my personal property be made; and that the court
of probate direct the omission of the same in pursuance of the
statute. I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and seal
this 14th day of March in the year one thousand eight hundred
and sixty six. (1866.) (signed) Orson N. Cummins (seal)
Signed and acknowledged by said Orson N. Cummins
as his last will and testament in our presents; and
singed by us in his presents. (signed) Robert S. Armstrong
Gustavus Elsbree (end of the will)
(Record of the testimony.)
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Orson N. Cummins late
of Orange Township deceased.
We Robert S. Armstrong and Gustavus Elsbree being duly sworn
in open court this 7th day of April A.D. 1866, depose and say that
we were present at the execution of the last will and testament of Orson
N. Cummins of Orange Township 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. (signed) R. S. Armstrong
Gustavus Elsbree.
Sworn to and subscribed before me in Probate Court this 7th day of
April A.D. 1866 T. W. Powell Probate Judge
__________ = __________
Record of the will of Titus Knox decd. April 10th 1866.
Proceedings had before Thomas W. Powell judge of the Probate Court
in and for the county of Delaware and State of Ohio, at his office in
the Town of Delaware on the 10th day of April A.D. 1866.
This day the last will and testament of Titus Knox late
of this county decd. was presented for probate and record.
Thereupon George W. Perfect came in to court, he being one
of the subscribing witnesses to the said will, who being duly sworn
and examined, and his testimony reduced to writing, and annexed
to the will and filed therewith: and it appearing that Walter N.
Wyeth the other witness to the will being absent out of the
county, to wit, in Morgan County, Ohio; On motion it is ordered
that a Commission issue with the will annexed, to the Probate
judge of the said county of Morgan to take the testimony
of said Walter N. Wyeth said other witness to the said will, as to
the execution and attestation thereof. And this matter is continued
for the return of said commission and for further consideration. T. W. Powell Pro judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 274)
Description
[page 274]
[corresponds to labeled page 242 of Will Records Vol. 4 - 1859-1869]
242
Record of the Will of Titus Knox. April 10th 1866.
And afterwards to wit; on the 3rd day of May A.D. 1866.
the following journal entry and proceedings were heard, to wit: _____
This day the commission issued in this case to the Probate
Judge of Morgan County to take the testimony of Walter
N. Wyeth (the subscribing witness etc.) was returned duly executed,
with the testimony of said Wyeth duly reduced to writing annexed
thereto. And it now appearing to the court that the said will
was duly executed and attested; and that the testator at the time
of executing the same was of full age and of sound
mind and memory, and not under any restraint; the court
upon consideration thereof orders that the said will be
admitted to probate and duly proven as the last will and
testament of the said Titus Knox decd. and ordered to be
recorded as such.
Copy and record of the will; to wit: _____
Will and testament of Titus Knox resident of Trenton
township, Delaware Co. Ohio.
I, Titus Knox being of sound and disposing mind, calling
to mind the frailty and uncertainty of human life; and being
desirous of settling my worldly affairs; and directing how the
estates with which it has pleased God to bless me shall be
disposed of after my decease, while I have strength
and capacity so to do: _____ do make and publish this my last
will and testament.
In primis. My will is that all my just debts and funeral charges
shall, by my executors hereinafter named, be paid out of my
estate as soon after my decease as shall by them be found
convenient.
Item. I ordain that Amelia S. Knox widow of my son Samuel
M. Knox shall have from my estate the avails or interest
of five hundred dollars ($500)____ the principal thereof to
be held by my son Alanson Knox, (to whom said amount
shall be paid by the executors) who shall pay to said Amelia
S. Knox quarterly i.e. four times in each year, during her
widowhood the full value of said principal during the time
in which it is so holden. After her decease, or in case she
should marry, the said five hundred dollars shall be returned
by the holder to my estate.
Item. After the provisions hereinbefore mentioned shall have
been duly executed, I will that all the rest and residue of my
earthly possessions whatsoever and wheresoever, of which nature,
kind and quality soever, be equally divided to and among
my children -- five sons, viz; Alauson, John, William
Lewis and Orrin; and three daughters, Lucinda, Catharine
and Laura - each one by this provision receiving one
eighth of said residue.
Item. I desire to buried in the church yard at Sunbury
by the side of the remains of my wife, in such style
[corresponds to labeled page 242 of Will Records Vol. 4 - 1859-1869]
242
Record of the Will of Titus Knox. April 10th 1866.
And afterwards to wit; on the 3rd day of May A.D. 1866.
the following journal entry and proceedings were heard, to wit: _____
This day the commission issued in this case to the Probate
Judge of Morgan County to take the testimony of Walter
N. Wyeth (the subscribing witness etc.) was returned duly executed,
with the testimony of said Wyeth duly reduced to writing annexed
thereto. And it now appearing to the court that the said will
was duly executed and attested; and that the testator at the time
of executing the same was of full age and of sound
mind and memory, and not under any restraint; the court
upon consideration thereof orders that the said will be
admitted to probate and duly proven as the last will and
testament of the said Titus Knox decd. and ordered to be
recorded as such.
Copy and record of the will; to wit: _____
Will and testament of Titus Knox resident of Trenton
township, Delaware Co. Ohio.
I, Titus Knox being of sound and disposing mind, calling
to mind the frailty and uncertainty of human life; and being
desirous of settling my worldly affairs; and directing how the
estates with which it has pleased God to bless me shall be
disposed of after my decease, while I have strength
and capacity so to do: _____ do make and publish this my last
will and testament.
In primis. My will is that all my just debts and funeral charges
shall, by my executors hereinafter named, be paid out of my
estate as soon after my decease as shall by them be found
convenient.
Item. I ordain that Amelia S. Knox widow of my son Samuel
M. Knox shall have from my estate the avails or interest
of five hundred dollars ($500)____ the principal thereof to
be held by my son Alanson Knox, (to whom said amount
shall be paid by the executors) who shall pay to said Amelia
S. Knox quarterly i.e. four times in each year, during her
widowhood the full value of said principal during the time
in which it is so holden. After her decease, or in case she
should marry, the said five hundred dollars shall be returned
by the holder to my estate.
Item. After the provisions hereinbefore mentioned shall have
been duly executed, I will that all the rest and residue of my
earthly possessions whatsoever and wheresoever, of which nature,
kind and quality soever, be equally divided to and among
my children -- five sons, viz; Alauson, John, William
Lewis and Orrin; and three daughters, Lucinda, Catharine
and Laura - each one by this provision receiving one
eighth of said residue.
Item. I desire to buried in the church yard at Sunbury
by the side of the remains of my wife, in such style
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 275)
Description
[page 275]
[corresponds to labeled page 243 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Titus Knox April 10th 1866.
243
and manner as my children shall think proper.
Lastly. I do hereby constitute and appoint my sons Alanson
Knox and John Knox executors of this my last will and
testament.
In witness whereof I have hereunto set my hand and
seal this fifth day of June in the year of our Lord one
thousand eight hundred and sixty two.
(Signed) Titus Knox. {Seal}
The above instrument consisting of two pages was now here
subscribed by Titus Knox the testator in the presence of each
of us; and was at the same time declared by him to be his
last will and testament; and we, at his request, sign our
names hereto as attesting witnesses.
(signed) G. W. Perfect residing at Sunbury, Del. Co.
Walter N. Wyeth residing at Sunbury Del. Co. Ohio.
(End of will.)
Record of the testimony for.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Titus Knox late of Trenton
Township deceased.
I, George W. Perfect, being duly sworn in open court this
10th day of April A.D. 1866 depose and say that we (myself and Walter
N. Wyeth) were present at the execution of the last will and testament
of Titus Knox of Trenton Township 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.
(signed) G. W. Perfect.
Sworn to and subscribed before me in the Probate Court this 10th
day of April A.D. 1866. T. W. Powell Pro. Judge.
(Record of the commission issued in this case, to wit: _____)
The State of Ohio, Delaware County Ss.
In the Probate Court.
To the Probate Judge of Morgan County, Ohio. Greeting.
The undersigned Thomas W. Powell judge of the Probate Court
in and for the said county of Delaware; hereby constitute and appoint
you commissioner with full power and authority to take the
testimony of Walter N. Wyeth, (now of your county) one of the witnesses
to the last will and testament of Titus Knox decd. hereto annexed;
and to the execution and attestation thereof; and reduce his testimony
to writing; upon his solemn oath, which you will in due
form of law administer to him. And the testimony so reduced
to writing, together with the said will you will in due form in-
-close under your seal directed to this court. For so doing
this shall be your commission and authority.
[corresponds to labeled page 243 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Titus Knox April 10th 1866.
243
and manner as my children shall think proper.
Lastly. I do hereby constitute and appoint my sons Alanson
Knox and John Knox executors of this my last will and
testament.
In witness whereof I have hereunto set my hand and
seal this fifth day of June in the year of our Lord one
thousand eight hundred and sixty two.
(Signed) Titus Knox. {Seal}
The above instrument consisting of two pages was now here
subscribed by Titus Knox the testator in the presence of each
of us; and was at the same time declared by him to be his
last will and testament; and we, at his request, sign our
names hereto as attesting witnesses.
(signed) G. W. Perfect residing at Sunbury, Del. Co.
Walter N. Wyeth residing at Sunbury Del. Co. Ohio.
(End of will.)
Record of the testimony for.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Titus Knox late of Trenton
Township deceased.
I, George W. Perfect, being duly sworn in open court this
10th day of April A.D. 1866 depose and say that we (myself and Walter
N. Wyeth) were present at the execution of the last will and testament
of Titus Knox of Trenton Township 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.
(signed) G. W. Perfect.
Sworn to and subscribed before me in the Probate Court this 10th
day of April A.D. 1866. T. W. Powell Pro. Judge.
(Record of the commission issued in this case, to wit: _____)
The State of Ohio, Delaware County Ss.
In the Probate Court.
To the Probate Judge of Morgan County, Ohio. Greeting.
The undersigned Thomas W. Powell judge of the Probate Court
in and for the said county of Delaware; hereby constitute and appoint
you commissioner with full power and authority to take the
testimony of Walter N. Wyeth, (now of your county) one of the witnesses
to the last will and testament of Titus Knox decd. hereto annexed;
and to the execution and attestation thereof; and reduce his testimony
to writing; upon his solemn oath, which you will in due
form of law administer to him. And the testimony so reduced
to writing, together with the said will you will in due form in-
-close under your seal directed to this court. For so doing
this shall be your commission and authority.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 276)
Description
[page 276]
[corresponds to labeled page 244 of Will Records Vol. 4 - 1859-1869]
244
Record of the will of Titus Knox decd. April 10th 1866.
(L.S.) In testimony whereof I have hereunto set my
hand and affixed the seal of the said Probate
Court, at Delaware, Ohio; this 11th day of
April 1866 (signed) T. W. Powell Probate Judge.
(Record of the return thereto.)
The undersigned David C. Pinkerton Judge of the Probate Court
in and for the County of Morgan and State of Ohio, hereby certify
that in the pursuance of the within commission he has taken
the testimony of the said Walter N. Wyeth as to the execution and
attestation of the said will of Titus Knox decd. and reduced
the same to writing and hereto annexed. And now here-
-with inclosed and sealed up, and directed to the said Judge
of the Probate Court for Delaware County, Delaware, Ohio.
(L.S.) In testimony whereof I have hereunto set my hand
and the seal of said court this 13th day of April
A.D. 1866. (signed) David C. Pinkerton
Probate Judge of Morgan County, Ohio
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Titus Knox late
of Trenton Township, deceased.
I, Walter N. Wyeth being duly sworn in open court of the Probate
Judge of Morgan County, Ohio; this 13th day of April A.D. 1866,
depose and say that we, this witness and George W. Perfect, were present at
the execution of the last will and testament of Titus Knox of Trenton
Township 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 I further say.
(signed) Walter N. Wyeth
Sworn to and subscribed before me in the Probate Court this 13th
day of April A.D. 1866. (signed) David C. Pinkerton
Probate Judge, Morgan County, Ohio
The End of this will of record.
[corresponds to labeled page 244 of Will Records Vol. 4 - 1859-1869]
244
Record of the will of Titus Knox decd. April 10th 1866.
(L.S.) In testimony whereof I have hereunto set my
hand and affixed the seal of the said Probate
Court, at Delaware, Ohio; this 11th day of
April 1866 (signed) T. W. Powell Probate Judge.
(Record of the return thereto.)
The undersigned David C. Pinkerton Judge of the Probate Court
in and for the County of Morgan and State of Ohio, hereby certify
that in the pursuance of the within commission he has taken
the testimony of the said Walter N. Wyeth as to the execution and
attestation of the said will of Titus Knox decd. and reduced
the same to writing and hereto annexed. And now here-
-with inclosed and sealed up, and directed to the said Judge
of the Probate Court for Delaware County, Delaware, Ohio.
(L.S.) In testimony whereof I have hereunto set my hand
and the seal of said court this 13th day of April
A.D. 1866. (signed) David C. Pinkerton
Probate Judge of Morgan County, Ohio
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Titus Knox late
of Trenton Township, deceased.
I, Walter N. Wyeth being duly sworn in open court of the Probate
Judge of Morgan County, Ohio; this 13th day of April A.D. 1866,
depose and say that we, this witness and George W. Perfect, were present at
the execution of the last will and testament of Titus Knox of Trenton
Township 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 I further say.
(signed) Walter N. Wyeth
Sworn to and subscribed before me in the Probate Court this 13th
day of April A.D. 1866. (signed) David C. Pinkerton
Probate Judge, Morgan County, Ohio
The End of this will of record.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 277)
Description
[page 277]
[corresponds to labeled page 245 of Will Records Vol. 4 - 1859-1869]
245
Record of the will of George W. Finley decd. April 14th 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio at his office in the town of Delaware on the 14th
day of April A.D. 1866.
This day the Nuncucative Will of George W. Finley were pre-
-sented in open court, and was duly proved by the testimony of
Henry R. Finefrock and Lezzie Jones who being duly sworn
and examined, and their testimony reduced to writing, annexed
to and filed with the said will. And it appearing to the court that
on the 6th day of the present month the said George W. Finley
made his verbal will, and that the witnesses were then
called upon by the said George W. Finley in his presence and in
the presence of each other, at his residence in Radnor
Township, during his last sickness to hear testimony of his
testamentary words as his last will and that the said testator
was then of sound mind and memory; and it further appears
that the said testator died on the next day; and that the said
testamentary words were then and there immediately after
the speaking thereof, reduced to writing and now subscribed
by them. Thereupon upon consideration thereof the courts orders
that the said verbal and Nuncupative will be admitted to
probate as the last will and testament of the said George W. Finley
decd. and ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All.
I, George W. Finley of Radnor township in the county of
Delaware and State of Ohio, do make and publish this
my last will and testament.
Item 1st. I give, devise and bequeath to my beloved wife
Angelina Finley all my personal property of all descriptions and
all my real estate situate in the Radnor Township of Delaware
County, of the State of Ohio, containing two hundred and sixty six
acres more or less so long as she remains my widow,
to have, to hold and control for her benefit and support, and
the proper support, education and benefit of my four daugh-
-ters, sig: Ellen Adelpha, Olive Ann, Carrie Belle and Mary Vale,
as either of them remain in single life.
Item 2nd. If my beloved wife intermarries and thus no longer
remains my widow, or at the close of her natural life, I give
devise and bequeath to each of my four daughters Ellen Adelphia,
Olive Ann, Carrie Belle, and Mary Vale and their heirs each
an equal share of both my personal and real property as
above described, unless either of the above named daugthers
should prove to be or should become of a more feeble
and delicate constitution than the others or in any way
be crippled, in either of which cases I give, devise and
bequeath to the child who shall be this feeble or crippled
a sufficiency of my property as above described over
[corresponds to labeled page 245 of Will Records Vol. 4 - 1859-1869]
245
Record of the will of George W. Finley decd. April 14th 1866.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio at his office in the town of Delaware on the 14th
day of April A.D. 1866.
This day the Nuncucative Will of George W. Finley were pre-
-sented in open court, and was duly proved by the testimony of
Henry R. Finefrock and Lezzie Jones who being duly sworn
and examined, and their testimony reduced to writing, annexed
to and filed with the said will. And it appearing to the court that
on the 6th day of the present month the said George W. Finley
made his verbal will, and that the witnesses were then
called upon by the said George W. Finley in his presence and in
the presence of each other, at his residence in Radnor
Township, during his last sickness to hear testimony of his
testamentary words as his last will and that the said testator
was then of sound mind and memory; and it further appears
that the said testator died on the next day; and that the said
testamentary words were then and there immediately after
the speaking thereof, reduced to writing and now subscribed
by them. Thereupon upon consideration thereof the courts orders
that the said verbal and Nuncupative will be admitted to
probate as the last will and testament of the said George W. Finley
decd. and ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All.
I, George W. Finley of Radnor township in the county of
Delaware and State of Ohio, do make and publish this
my last will and testament.
Item 1st. I give, devise and bequeath to my beloved wife
Angelina Finley all my personal property of all descriptions and
all my real estate situate in the Radnor Township of Delaware
County, of the State of Ohio, containing two hundred and sixty six
acres more or less so long as she remains my widow,
to have, to hold and control for her benefit and support, and
the proper support, education and benefit of my four daugh-
-ters, sig: Ellen Adelpha, Olive Ann, Carrie Belle and Mary Vale,
as either of them remain in single life.
Item 2nd. If my beloved wife intermarries and thus no longer
remains my widow, or at the close of her natural life, I give
devise and bequeath to each of my four daughters Ellen Adelphia,
Olive Ann, Carrie Belle, and Mary Vale and their heirs each
an equal share of both my personal and real property as
above described, unless either of the above named daugthers
should prove to be or should become of a more feeble
and delicate constitution than the others or in any way
be crippled, in either of which cases I give, devise and
bequeath to the child who shall be this feeble or crippled
a sufficiency of my property as above described over
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 278)
Description
[page 278]
[corresponds to labeled page 246 of Will Records Vol. 4 - 1859-1869]
246
Record of the Will of George W. Finley decd. April 14th 1866.
and an equal share with the others to provide for
such child a liberal education.
Item 3rd. I authorize and request my beloved wife to pay
all my just and legal debts from moneys now in my
possession or forth coming upon demand. also to collect
release and discharge in such manner as she may
deem proper all debts and claims due me.
Item 4th. I do hereby nominate and appoint my beloved
wife guardian of my four daughters Ellen Adelphia,
Olive Ann, Carrie Belle and Mary Vale until said
daughters arrive at legal age or intermarry; and do
enjoin upon her to give my said daughters a good
liberal education and to rear them in habits of industry
and inculiate upon them, as far as may be, Christian
faith and charity. I desire that no appraisement and
no sale of my personal property or real estate be made,
and that the court of probate direct the omission of the same
in pursuance of the statute. I do hereby revoke all former
wills by me made.
In testimony hereof I have hereunto set my hand
and seal, this 6th day of April in the year 1866.
Signed and acknowleged by said George W. Finley as his last
will and testament in our presence and signed by us in his
presence.
Signed by the undersigned as witnesses this 14th day of April 1866.
(signed) Henry R. Finefrock,
Lizzie Jones.
The State of Ohio
Delaware County Ss. In the Probate Court.
In the matter of the nuncupative, and last will and testament of
George W. Finley late of Radnor Township in this county decd.
Henry R. Finefrock and Lizzie Jones being duly sworn in
open court on this 14th day of April 1866, upon their respect-
-ive oathes depose and say that on the 6th day of the present
month they these witnesses were at the residence of the said
George W. Finley then in his life time. That he was there in
his last sickness and not expected long to live; that said Finley
then was there declared that he desired to make his will; that he
called on his wife Angelina Finley to notice what his will and
disposition of his property was, and said that he wished there wit-
-nesses to witness the same; and desire one of these witnesses
said Henry R. Finefrock to write the same so that he could sign
the same; which the said last name witness these and there
did reduce the same to writing just as the said Finley de-
-clared his will and disposition of his property to be. When the
same was so reduced to writing, the said George W. Finley had a sink-
ing spell, and became unconscious and unable to execute
[corresponds to labeled page 246 of Will Records Vol. 4 - 1859-1869]
246
Record of the Will of George W. Finley decd. April 14th 1866.
and an equal share with the others to provide for
such child a liberal education.
Item 3rd. I authorize and request my beloved wife to pay
all my just and legal debts from moneys now in my
possession or forth coming upon demand. also to collect
release and discharge in such manner as she may
deem proper all debts and claims due me.
Item 4th. I do hereby nominate and appoint my beloved
wife guardian of my four daughters Ellen Adelphia,
Olive Ann, Carrie Belle and Mary Vale until said
daughters arrive at legal age or intermarry; and do
enjoin upon her to give my said daughters a good
liberal education and to rear them in habits of industry
and inculiate upon them, as far as may be, Christian
faith and charity. I desire that no appraisement and
no sale of my personal property or real estate be made,
and that the court of probate direct the omission of the same
in pursuance of the statute. I do hereby revoke all former
wills by me made.
In testimony hereof I have hereunto set my hand
and seal, this 6th day of April in the year 1866.
Signed and acknowleged by said George W. Finley as his last
will and testament in our presence and signed by us in his
presence.
Signed by the undersigned as witnesses this 14th day of April 1866.
(signed) Henry R. Finefrock,
Lizzie Jones.
The State of Ohio
Delaware County Ss. In the Probate Court.
In the matter of the nuncupative, and last will and testament of
George W. Finley late of Radnor Township in this county decd.
Henry R. Finefrock and Lizzie Jones being duly sworn in
open court on this 14th day of April 1866, upon their respect-
-ive oathes depose and say that on the 6th day of the present
month they these witnesses were at the residence of the said
George W. Finley then in his life time. That he was there in
his last sickness and not expected long to live; that said Finley
then was there declared that he desired to make his will; that he
called on his wife Angelina Finley to notice what his will and
disposition of his property was, and said that he wished there wit-
-nesses to witness the same; and desire one of these witnesses
said Henry R. Finefrock to write the same so that he could sign
the same; which the said last name witness these and there
did reduce the same to writing just as the said Finley de-
-clared his will and disposition of his property to be. When the
same was so reduced to writing, the said George W. Finley had a sink-
ing spell, and became unconscious and unable to execute
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 279)
Description
[page 279]
[corresponds to labeled page 247 of Will Records Vol. 4 - 1859-1869]
247
his will, except as a verbal or nuncupative will.
This was about the hour of five o'clock P.M. of the said
6th day of April, and the new testator remained in his
sinking spell and unconciousness until about five
o'clock in the morning of the next day, when he died.
That the testator at the time he so declared and made his known
his will and disposition of his property was about forty five
years of age; of sound mind and memory, well capable of
making his will, and was free and not acting under any
restraint, until after he had so declared his will. the same was
then and there so reduced to writing just as he declared his
will and disposition of his property to be; and we afterwards
on this day signed the same as witnesses, which is the
same now hereto annexed, as the said will; and further
say not. (Signed.) Henry R. Finefrock
Lizzie Jones
Sworn to and subscribed before me in open court this
14th day of April A.D. 1866. T.W. Powell Probate Judge
__________ = __________
Record of the nuncupative will of Albert D. Dunham.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State
of Ohio, at his office in the town of Delaware on the
10th day of April A.D. 1866.
On the 7th day of February last the nuncupative will of
Albert D. Dunham late of Thompson Township decd. was
presented for probate and record. The testimony of william
J. Peet one of the witnesses was then taken and reduced to
writing etc, and now Lewis Lake the other witness thereto
appears and his testimony being taken and reduced to
writing; and it now appearing that the said will was duly
made and reduced to writing within the time required
by the statute, as stated in the said depositions. It is therefore
ordered that the said will be admitted to probate as duly
proved; and that the same and the despositions be recorded
as the nuncupative will of the said Dunham.
(Copy and record of the will &c.)
December 25th, 1865
I, Albert D. Dunham: ___ First it is my will that my just
debts and all charges he paid out of my estate. I give and devise
all the residue of my estate to Polly Decker to be her and
her heirs forever. I appoint and make the said Polly Decker
executrix of this my last will and testament. I do also author-
-ize and empower her Polly Decker if it shall become neces-
-sary in order to pay my debts my debts to sell by private
sale, or in such manner upon such terms of credit, or
otherwise, as the Polly Decker may think proper, all or any
[corresponds to labeled page 247 of Will Records Vol. 4 - 1859-1869]
247
his will, except as a verbal or nuncupative will.
This was about the hour of five o'clock P.M. of the said
6th day of April, and the new testator remained in his
sinking spell and unconciousness until about five
o'clock in the morning of the next day, when he died.
That the testator at the time he so declared and made his known
his will and disposition of his property was about forty five
years of age; of sound mind and memory, well capable of
making his will, and was free and not acting under any
restraint, until after he had so declared his will. the same was
then and there so reduced to writing just as he declared his
will and disposition of his property to be; and we afterwards
on this day signed the same as witnesses, which is the
same now hereto annexed, as the said will; and further
say not. (Signed.) Henry R. Finefrock
Lizzie Jones
Sworn to and subscribed before me in open court this
14th day of April A.D. 1866. T.W. Powell Probate Judge
__________ = __________
Record of the nuncupative will of Albert D. Dunham.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the County of Delaware and State
of Ohio, at his office in the town of Delaware on the
10th day of April A.D. 1866.
On the 7th day of February last the nuncupative will of
Albert D. Dunham late of Thompson Township decd. was
presented for probate and record. The testimony of william
J. Peet one of the witnesses was then taken and reduced to
writing etc, and now Lewis Lake the other witness thereto
appears and his testimony being taken and reduced to
writing; and it now appearing that the said will was duly
made and reduced to writing within the time required
by the statute, as stated in the said depositions. It is therefore
ordered that the said will be admitted to probate as duly
proved; and that the same and the despositions be recorded
as the nuncupative will of the said Dunham.
(Copy and record of the will &c.)
December 25th, 1865
I, Albert D. Dunham: ___ First it is my will that my just
debts and all charges he paid out of my estate. I give and devise
all the residue of my estate to Polly Decker to be her and
her heirs forever. I appoint and make the said Polly Decker
executrix of this my last will and testament. I do also author-
-ize and empower her Polly Decker if it shall become neces-
-sary in order to pay my debts my debts to sell by private
sale, or in such manner upon such terms of credit, or
otherwise, as the Polly Decker may think proper, all or any
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 280)
Description
[page 280]
[corresponds to labeled page 248 of Will Records Vol. 4 - 1859-1869]
248.
Record of the will of Albert D. Dunham decd. April 10th 1866.
part of my property to pay my debts; I desire that no ap-
-praisement and no sale of any property be made. I do hereby
revoke all former wills by me made.
The above statement made by Albert D. Dunham in our
hearing, Dec. 17th 1865 (Signed) Wm. J. Peet
Lewis Lake
The State of Ohio
Delaware County, Ss. In the Probate Court
On this 7th day of February A.D. 1866 William J. Peet
and Lewis Lake came into court, and were duly sworn and
examined, and on their respective oaths say and declare
that on the 17th day of December last, (1865.) they were (that
is William J. Peet and Lewis Lake) called upon by Albert D.
Dunham at his residence at Polly Decker, his home in Thom-
-pson Township in this county, while in his presence and
in the presence of each other, to hear testimony to his will
and disposition of his property, as he was then in his last sick-
-ness and not expected to live, that he was then in sound mind
and memory, and not under any restraint. That said Albert
D. Dunham died the next day. That at the time we were so
called upon, said Albert D. Dunham stated his said will and
disposition aforesaid was just as stated in the annexed paper
by us signed as the said will, which was reduced to writing on the
25th day of December aforesaid, within eight days of our
being so called upon as aforesaid - which was so reduced to writing
by William J. Peet, and then by us respectively signed as such wit-
nesses, now hereto annexed as such will.
(signed) Wm. J. Peet
Lewis Lake
Sworn to and subscribed by William J. Peet on the 7th day of Feb-
ruary A.D. 1866 and by Lewis Lake on the 10th day of April
1866. T.W. Powell Probate Judge
__________ = __________
Record of the will of Sidney Moore decd. April 30th 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 30th day
of April A.D. 1866.
This day the last will and testament of Sidney Moore decd. was
presented for probate and record. Thereupon Oren H. Newton and
Dudley W. Rhodes, the subscribing witnesses thereto, appeared in court
and were duly sworn and examined; and their testimony reduced
to writing and now annexed to the said will, and filed therewith
and it appearing to the court that the said will was duly executed
and attested; and that the said testator at the time of executing
the same was of full age, and of sound mind and memory and not under
any restraint; thereupon the court upon consideration
thereof, orders that that the said will be admitted to probate
[corresponds to labeled page 248 of Will Records Vol. 4 - 1859-1869]
248.
Record of the will of Albert D. Dunham decd. April 10th 1866.
part of my property to pay my debts; I desire that no ap-
-praisement and no sale of any property be made. I do hereby
revoke all former wills by me made.
The above statement made by Albert D. Dunham in our
hearing, Dec. 17th 1865 (Signed) Wm. J. Peet
Lewis Lake
The State of Ohio
Delaware County, Ss. In the Probate Court
On this 7th day of February A.D. 1866 William J. Peet
and Lewis Lake came into court, and were duly sworn and
examined, and on their respective oaths say and declare
that on the 17th day of December last, (1865.) they were (that
is William J. Peet and Lewis Lake) called upon by Albert D.
Dunham at his residence at Polly Decker, his home in Thom-
-pson Township in this county, while in his presence and
in the presence of each other, to hear testimony to his will
and disposition of his property, as he was then in his last sick-
-ness and not expected to live, that he was then in sound mind
and memory, and not under any restraint. That said Albert
D. Dunham died the next day. That at the time we were so
called upon, said Albert D. Dunham stated his said will and
disposition aforesaid was just as stated in the annexed paper
by us signed as the said will, which was reduced to writing on the
25th day of December aforesaid, within eight days of our
being so called upon as aforesaid - which was so reduced to writing
by William J. Peet, and then by us respectively signed as such wit-
nesses, now hereto annexed as such will.
(signed) Wm. J. Peet
Lewis Lake
Sworn to and subscribed by William J. Peet on the 7th day of Feb-
ruary A.D. 1866 and by Lewis Lake on the 10th day of April
1866. T.W. Powell Probate Judge
__________ = __________
Record of the will of Sidney Moore decd. April 30th 1866.
Proceedings had before Thomas W. Powell judge of the
Probate Court in and for the county of Delaware and State of Ohio
at his office in the town of Delaware on the 30th day
of April A.D. 1866.
This day the last will and testament of Sidney Moore decd. was
presented for probate and record. Thereupon Oren H. Newton and
Dudley W. Rhodes, the subscribing witnesses thereto, appeared in court
and were duly sworn and examined; and their testimony reduced
to writing and now annexed to the said will, and filed therewith
and it appearing to the court that the said will was duly executed
and attested; and that the said testator at the time of executing
the same was of full age, and of sound mind and memory and not under
any restraint; thereupon the court upon consideration
thereof, orders that that the said will be admitted to probate
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 281)
Description
[page 281]
[corresponds to labeled page 249 of Will Records Vol. 4 - 1859-1869]
249
as duly proved as the last will and testament of the said
Sidney Moore decd.; and ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All.
I, Sidney Moore of Delaware Township, Delaware County and
State of Ohio, do make and publish this my last will and
testament. I give and devise to my beloved wife, the lot on
which we now reside situated in the village of Delaware
and now designated on the plat of the said town as one hundred
and three, in said town of Delaware, Delaware County, State of
Ohio during her natural life or so long as she remains my
widow; and all the household goods and furnature belonging to
us, during her natural life as aforesaid; and also the dividends
arising from my Railroad and Government stocks at her
disposal with advice of one or both of our sons; and at her
death as aforesaid, I give and devise to my daughter Emily
Stowe, two hundred dollars in either railroad or Government stocks;
and to my two sons Sidney and William E. Moore the balance of
my real and personal property to be equally divided between
them after paying all my just debts and funeral expenses; and if
it should be necessary to have an executor appointed, I should
prefer Sidney our oldest son.
In testimony hereof I have hereunto set my hand and seal
this 7th day of April 1866. (signed) Sidney Moore (seal)
Signed and acknowledged by said Sidney Moore as his
last will and testament in our presence and signed by us
in his presence. (signed) Oren M. Newton
D. W. Rhodes.
We certify that the above alterations and erasures were made
previous to our witnessing the above - previous to his signing the same.
(signed) D. W. Rhodes
O. M. Newton (end of the will.)
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Sidney Moore of Delaware
Township in said county deceased.
We Dudley W. Rhodes and Oren M. Newton being duly sworn in open
court this 30th day of April A.D. 1866 depose and say that we were present at
the execution of the last will and testament of Sidney Moore of
Delaware Township 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 wit-
-nessed at his request and in his presence and in the presence of each
other. (signed) Oren M. Newton
D. W. Rhodes
Sworn to and subscribed before me in the Probate Court this 30th day of
April A.D. 1866. T.W. Powell Probate Court
[corresponds to labeled page 249 of Will Records Vol. 4 - 1859-1869]
249
as duly proved as the last will and testament of the said
Sidney Moore decd.; and ordered to be recorded as such.
(Copy and record of the will.)
In the name of the Benevolent Father of All.
I, Sidney Moore of Delaware Township, Delaware County and
State of Ohio, do make and publish this my last will and
testament. I give and devise to my beloved wife, the lot on
which we now reside situated in the village of Delaware
and now designated on the plat of the said town as one hundred
and three, in said town of Delaware, Delaware County, State of
Ohio during her natural life or so long as she remains my
widow; and all the household goods and furnature belonging to
us, during her natural life as aforesaid; and also the dividends
arising from my Railroad and Government stocks at her
disposal with advice of one or both of our sons; and at her
death as aforesaid, I give and devise to my daughter Emily
Stowe, two hundred dollars in either railroad or Government stocks;
and to my two sons Sidney and William E. Moore the balance of
my real and personal property to be equally divided between
them after paying all my just debts and funeral expenses; and if
it should be necessary to have an executor appointed, I should
prefer Sidney our oldest son.
In testimony hereof I have hereunto set my hand and seal
this 7th day of April 1866. (signed) Sidney Moore (seal)
Signed and acknowledged by said Sidney Moore as his
last will and testament in our presence and signed by us
in his presence. (signed) Oren M. Newton
D. W. Rhodes.
We certify that the above alterations and erasures were made
previous to our witnessing the above - previous to his signing the same.
(signed) D. W. Rhodes
O. M. Newton (end of the will.)
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Sidney Moore of Delaware
Township in said county deceased.
We Dudley W. Rhodes and Oren M. Newton being duly sworn in open
court this 30th day of April A.D. 1866 depose and say that we were present at
the execution of the last will and testament of Sidney Moore of
Delaware Township 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 wit-
-nessed at his request and in his presence and in the presence of each
other. (signed) Oren M. Newton
D. W. Rhodes
Sworn to and subscribed before me in the Probate Court this 30th day of
April A.D. 1866. T.W. Powell Probate Court
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 282)
Description
[page 282]
[corresponds to labeled page 250 of Will Records Vol. 4 - 1859-1869]
250
Records of the will of Godfried Riddle decd. May 11th 1866.
Proceedings heard before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of May A.D. 1866.
This day the last will and testament of Godfried Riddle
late of Delaware Township in this county was presented to
the court for probate and record. Thereupon John Hoag and
Henry J. Eaton, witnesses to the said will came into court
and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will, and filed
therewith; and it appearing to the court that said will was
duly executed and attested, 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. Thereupon the court
upon consideration thereof orders that the said will
be admitted to probate as the last will and testament of the said
Godfried Riddle decd. and ordered to be recorded as such.
(Record and copy of the will)
On this eighteenth day of January in the year of our
Lord eighteen hundred and sixty six, I Godfried Riddle, residing
near the town of Delaware in the county of Delaware, State of
Ohio, do make and publish this my last will and testament, hereby
revoking all former wills by me made.
Item 1st. I give, devise, and bequeath to my beloved wife Joh-
anne Riddle, in lieu of what she would be entitled to out of
my property, real and personal, were I to make no will, to be
held, used and occupied by her so long as she shall remain my
widow unmarried, all the property of which I may be the owner
of or have any interest in, at my death, of whatsoever nature
the same may be, including the house and lot in Delaware
Township in said county of Delaware, where I now reside,
being about a mile east of the town of Delaware on the
north side of the Delaware and Berkshire state roads, containing about
an acre and a half of ground, more or less, including also all
my household furnature and other stuff in and about the house
and all other property, notes, money or accounts or in whatsoever
other form the same may be in at my decease.
Item 2nd. After my said wife shall be no longer, by the terms of
the foregoing "item 1st" entitled to said property, it is my will and
I so devise and bequeath, that my executor hereinafter named
proceeds to turn all said property into money, in such way as
may in his judgement be for the best interest of those concerned,
either by private or public sale or both as he may deem
best, and that he, after paying the necessary expenses of such sale
or sales, pay over to my son Christian Riddle the sum of
Forty dollars, and that he devide the residue of the proceeds
of the sale of my property after paying expenses and said sum
of forty dollars, equally among my sons Christian Riddle
[corresponds to labeled page 250 of Will Records Vol. 4 - 1859-1869]
250
Records of the will of Godfried Riddle decd. May 11th 1866.
Proceedings heard before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 11th
day of May A.D. 1866.
This day the last will and testament of Godfried Riddle
late of Delaware Township in this county was presented to
the court for probate and record. Thereupon John Hoag and
Henry J. Eaton, witnesses to the said will came into court
and were duly sworn and examined, and their testimony
reduced to writing, and now annexed to the will, and filed
therewith; and it appearing to the court that said will was
duly executed and attested, 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. Thereupon the court
upon consideration thereof orders that the said will
be admitted to probate as the last will and testament of the said
Godfried Riddle decd. and ordered to be recorded as such.
(Record and copy of the will)
On this eighteenth day of January in the year of our
Lord eighteen hundred and sixty six, I Godfried Riddle, residing
near the town of Delaware in the county of Delaware, State of
Ohio, do make and publish this my last will and testament, hereby
revoking all former wills by me made.
Item 1st. I give, devise, and bequeath to my beloved wife Joh-
anne Riddle, in lieu of what she would be entitled to out of
my property, real and personal, were I to make no will, to be
held, used and occupied by her so long as she shall remain my
widow unmarried, all the property of which I may be the owner
of or have any interest in, at my death, of whatsoever nature
the same may be, including the house and lot in Delaware
Township in said county of Delaware, where I now reside,
being about a mile east of the town of Delaware on the
north side of the Delaware and Berkshire state roads, containing about
an acre and a half of ground, more or less, including also all
my household furnature and other stuff in and about the house
and all other property, notes, money or accounts or in whatsoever
other form the same may be in at my decease.
Item 2nd. After my said wife shall be no longer, by the terms of
the foregoing "item 1st" entitled to said property, it is my will and
I so devise and bequeath, that my executor hereinafter named
proceeds to turn all said property into money, in such way as
may in his judgement be for the best interest of those concerned,
either by private or public sale or both as he may deem
best, and that he, after paying the necessary expenses of such sale
or sales, pay over to my son Christian Riddle the sum of
Forty dollars, and that he devide the residue of the proceeds
of the sale of my property after paying expenses and said sum
of forty dollars, equally among my sons Christian Riddle