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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 283)
Description
[page 283]
[corresponds to labeled page 251 of Will Records Vol. 4 - 1859-1869]
251
Record of the will of Godfried Riddle decd. May 11th 1866.
John Riddle and my daughter Lydia Riddle; and I here
authorize my said executor in order to carry out the foregoing
bequests to sell the real estate described in "Item 1st" and any
other real estate of which I may be the owner or have an
interest in at my death, and decd. or deeds therefore to execute
and deliver in fee -- simple to the purchase or purchasers therefore.
Item No 3rd. I hereby nominate constitute and appoint
Charles Wotring of Delaware, Ohio; executor of this my
last will and testament, and here request that my said exec-
-utor in the execution of this trust be not required to give
any bonds.
In testimoney whereof I the said Godfried Riddle have
hereunto set my hand and seal, this said 18th day of January
A.D. 1866. (signed) Godfried Riddle (seal)
Signed by said Godfried Riddle in our presence to us by him
acknowledged to be his last will and testament, and signed
by us as witnesses thereto at his request, in his presence
and in the presence of each other. (signed) John Houg
Henry J. Eaton (end of the will.)
(Record and copy of the testimony reduced to writing.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Godfried Riddle late of
Delaware Township deceased.
We John Houg and Henry J. Eaton being duly sworn in open
court this 11th day of May A.D. 1866, depose and say, that we were
present at the execution of the last will and testament of Godfried
Riddle 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 witnesses at his request, and in his
presence and in the presence of each other. (signed) John Houg
Henry J. Eaton.
Sworn to and subscribed before me in the Probate Court this 11th day
of May A.D. 1866. T.W. Powell Probate Judge
[corresponds to labeled page 251 of Will Records Vol. 4 - 1859-1869]
251
Record of the will of Godfried Riddle decd. May 11th 1866.
John Riddle and my daughter Lydia Riddle; and I here
authorize my said executor in order to carry out the foregoing
bequests to sell the real estate described in "Item 1st" and any
other real estate of which I may be the owner or have an
interest in at my death, and decd. or deeds therefore to execute
and deliver in fee -- simple to the purchase or purchasers therefore.
Item No 3rd. I hereby nominate constitute and appoint
Charles Wotring of Delaware, Ohio; executor of this my
last will and testament, and here request that my said exec-
-utor in the execution of this trust be not required to give
any bonds.
In testimoney whereof I the said Godfried Riddle have
hereunto set my hand and seal, this said 18th day of January
A.D. 1866. (signed) Godfried Riddle (seal)
Signed by said Godfried Riddle in our presence to us by him
acknowledged to be his last will and testament, and signed
by us as witnesses thereto at his request, in his presence
and in the presence of each other. (signed) John Houg
Henry J. Eaton (end of the will.)
(Record and copy of the testimony reduced to writing.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Godfried Riddle late of
Delaware Township deceased.
We John Houg and Henry J. Eaton being duly sworn in open
court this 11th day of May A.D. 1866, depose and say, that we were
present at the execution of the last will and testament of Godfried
Riddle 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 witnesses at his request, and in his
presence and in the presence of each other. (signed) John Houg
Henry J. Eaton.
Sworn to and subscribed before me in the Probate Court this 11th day
of May A.D. 1866. T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 284)
Description
[page 284]
[corresponds to labeled page 252 of Will Records Vol. 4 - 1859-1869]
252
Record of the will of Cornelius Woodcock decd. May 23rd 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 23rd day of
May A.D. 1866.
This day the last will and testament of Cornelius Woodcock
late of Kingston Township was presented to the court for probate
and record. Thereupon Franklin M. Owens and Nathan P. Ferguson
came into court (the subscribing witnesses to the said will) 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 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 Cornelius Woodcock
deceased, and ordered to be recorded as such.
(Copy and record of the said will.)
I Cornelius Woodcock of the County of Delaware in the State of
Ohio, being of lawful age, sound in mind and memory, but being
weak in body, do make and ordain this my last will and testament
in manner and form following: to wit: ___ After paying my funeral
and other necessary expenses; First, I give and bequeath the farm on
which I now reside containing eighty and one half acres to Catharine
Waldren and Elizabeth Carney, my two daughters to be divided equally
between them, line to run east and west. I give and bequeath to my
daughter Martha wife of Jonathan Sheets the sum of five dollars.
I give and bequeath to the surviving heirs of my daughter Barbara
Abrahams the sum of five dollars to be divided equally between
them. I give and bequeath to my daughter Sally Pierson deceased
to be equally divided among her surviving heirs the sum of five
dollars. I give and bequeath to the surviving heirs of my son
George Washington Woodcock in addition to what I have already
given him the sum of five dollars to be equally divided between
them. And the residue of my property, money or effects, I give
and bequeath to my two daughters, to wit: Catharine Waldron and
Elizabeth Carney. And lastly I do hereby ordain and appoint
Robert Ferguson my executor to carry out the provisions of the
foregoing bequests. In testimony I have hereunto set my hand
on this eleventh day of April eighteen hundred and sixty six.
Signed, sealed and acknowledged (signed) Cornelius X. Woodcock (seal)
in the presence of us
(signed) F. M. Owen
N. P. Ferguson (end of will)
(Record of the testimony) The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Cornelius Woodcok late of Kingston Township decd.
We Franklin M. Owen and Nathan P. Ferguson being duly sworn
in open court this 23rd day of May A.D. 1866 depose and say, that
[corresponds to labeled page 252 of Will Records Vol. 4 - 1859-1869]
252
Record of the will of Cornelius Woodcock decd. May 23rd 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 23rd day of
May A.D. 1866.
This day the last will and testament of Cornelius Woodcock
late of Kingston Township was presented to the court for probate
and record. Thereupon Franklin M. Owens and Nathan P. Ferguson
came into court (the subscribing witnesses to the said will) 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 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 Cornelius Woodcock
deceased, and ordered to be recorded as such.
(Copy and record of the said will.)
I Cornelius Woodcock of the County of Delaware in the State of
Ohio, being of lawful age, sound in mind and memory, but being
weak in body, do make and ordain this my last will and testament
in manner and form following: to wit: ___ After paying my funeral
and other necessary expenses; First, I give and bequeath the farm on
which I now reside containing eighty and one half acres to Catharine
Waldren and Elizabeth Carney, my two daughters to be divided equally
between them, line to run east and west. I give and bequeath to my
daughter Martha wife of Jonathan Sheets the sum of five dollars.
I give and bequeath to the surviving heirs of my daughter Barbara
Abrahams the sum of five dollars to be divided equally between
them. I give and bequeath to my daughter Sally Pierson deceased
to be equally divided among her surviving heirs the sum of five
dollars. I give and bequeath to the surviving heirs of my son
George Washington Woodcock in addition to what I have already
given him the sum of five dollars to be equally divided between
them. And the residue of my property, money or effects, I give
and bequeath to my two daughters, to wit: Catharine Waldron and
Elizabeth Carney. And lastly I do hereby ordain and appoint
Robert Ferguson my executor to carry out the provisions of the
foregoing bequests. In testimony I have hereunto set my hand
on this eleventh day of April eighteen hundred and sixty six.
Signed, sealed and acknowledged (signed) Cornelius X. Woodcock (seal)
in the presence of us
(signed) F. M. Owen
N. P. Ferguson (end of will)
(Record of the testimony) The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Cornelius Woodcok late of Kingston Township decd.
We Franklin M. Owen and Nathan P. Ferguson being duly sworn
in open court this 23rd day of May A.D. 1866 depose and say, that
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 285)
Description
[page 285]
[corresponds to labeled page 253 of Will Records Vol. 4 - 1859-1869]
253.
Record of the Will of Cornelius Woodcock dedc. May 23rd 1866
We were present at the execution of the last will and testament
of Cornelius Woodcock 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) F.M. Owen
N.P. Ferguson.
Sworn to and subscribed before me in the Probate Court this 23rd
day of May A.D. 1866. T.W Powell Probate Judge.
Record of the Will of Horace D. Hubbard decd. May 23rd 1866.
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 23rd day of May A.D. 1866.
On the 10th day of May A.D. 1866 on motion and showing the Court
appointed Frederick E. Hubbard administrator on the estate of
Horace D. Hubbard late of Berlin Township decd who gave
Bonds in the sum of $1000 with John Hough decd John J. Hubbard
his surities, and the court appointed William Goury, John Hough
and Atwood Davenport appraisers of the said estate.
At the same time the said Frederick E. Hubbard presents the
last will and testament of the said Horace D. Hubbard decd. for
probate and record; and it appearing that the two witnesses to the
execution of the said will were residents of Columbus in
Franklin County, Ohio, on application therefor issued a com=
=mission to the Probate Judge of Franklin County, with the will an=
=nexed to take the depositions etc of the said witnesses to prove
the due execution of the said will.
And afterwards to wit on this day the 23rd day of May 1866, the said
Commission heretofore issued in this case was duly returned with
the depositions of D.R. Rinsell and J.R. Flowers the subscribing
witnesses to the said will duly taken and reduced to writing and
returned 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
the execution thereof was of full age and of sound mind and memory
and not under any restraint. Thereupon the court on consideration
thereof orders the said will to be admitted to be admitted to Probate
as duly proved as the last will and testament of the said Horace D.
Hubbard decd, and ordered to be recorded as such; and annexed to the
letters of administration heretofore granted to Frederick E. Hubbard on said estate.
(copy and record of the will)
Berlin Tp. Delaware Co. Ohio.
I Horace D. Hubbard do hereby declare this to be my last
will and testament. After converting all that I am possessed of
[corresponds to labeled page 253 of Will Records Vol. 4 - 1859-1869]
253.
Record of the Will of Cornelius Woodcock dedc. May 23rd 1866
We were present at the execution of the last will and testament
of Cornelius Woodcock 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) F.M. Owen
N.P. Ferguson.
Sworn to and subscribed before me in the Probate Court this 23rd
day of May A.D. 1866. T.W Powell Probate Judge.
Record of the Will of Horace D. Hubbard decd. May 23rd 1866.
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 23rd day of May A.D. 1866.
On the 10th day of May A.D. 1866 on motion and showing the Court
appointed Frederick E. Hubbard administrator on the estate of
Horace D. Hubbard late of Berlin Township decd who gave
Bonds in the sum of $1000 with John Hough decd John J. Hubbard
his surities, and the court appointed William Goury, John Hough
and Atwood Davenport appraisers of the said estate.
At the same time the said Frederick E. Hubbard presents the
last will and testament of the said Horace D. Hubbard decd. for
probate and record; and it appearing that the two witnesses to the
execution of the said will were residents of Columbus in
Franklin County, Ohio, on application therefor issued a com=
=mission to the Probate Judge of Franklin County, with the will an=
=nexed to take the depositions etc of the said witnesses to prove
the due execution of the said will.
And afterwards to wit on this day the 23rd day of May 1866, the said
Commission heretofore issued in this case was duly returned with
the depositions of D.R. Rinsell and J.R. Flowers the subscribing
witnesses to the said will duly taken and reduced to writing and
returned 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
the execution thereof was of full age and of sound mind and memory
and not under any restraint. Thereupon the court on consideration
thereof orders the said will to be admitted to be admitted to Probate
as duly proved as the last will and testament of the said Horace D.
Hubbard decd, and ordered to be recorded as such; and annexed to the
letters of administration heretofore granted to Frederick E. Hubbard on said estate.
(copy and record of the will)
Berlin Tp. Delaware Co. Ohio.
I Horace D. Hubbard do hereby declare this to be my last
will and testament. After converting all that I am possessed of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 286)
Description
[page 286]
[corresponds to labeled page 254 of Will Records Vol. 4 - 1859-1869]
254
Records of the Will of Horace D. Hubbard. May 23rd 1866.
into money: - 1st I desire that my just debts be paid - 2nd that a mon=
=ument to cost two hundred dollars be bought and erected - 3rd that all
of the residue remainder of my estate be equally divided
between my father, mother, my sister Eliza and my brothers Frederick
E. Hubbard, John Deware Hubbard and James F. Hubbard.
Witnesses my hand, seal this first day of May A.D. 1866.
Attest. (signed) D.R. Rinsell ) (Signed) Horace D. Hubbard.
J.R. Flowers ) (End of the Will.)
(Record of the Commission and testimony)
The State of Ohio
Delaware County Ss. } In the Probate Court.
To the Judge of the Probate Court of Franklin County, Ohio, Greeting.
The undersigned Thomas W. Powell Judge of the Probate Court in
and for the said County of Delaware, placing special confidence
in your ability and integrity, do hereby constitute and appoint
you commissioner to take the testimony of D.R. Kinsell and
J.R. Flowers, (the subscribing witnesses to the last will and testament of
Horace D. Hubbard) to prove the execution and attestation of the
said last will and testament of the said Horace D. Hubbard decd.
dated the first day of May 1866 hereto annexed; and reduce their
testimony to writing, and return the same together with the said
will under your seal to this Court, for the purpose of the probate
of the said will. And for so doing this shall be your commission
and full authority to administer the proper oaths and take the
said testimony; in due time and necessary convenience.
{seal} In testimony whereof I have hereunto set my hand
and seal of the said Probate Court of Delaware County
This 11th day of May 1866, at Delaware, Ohio.
T.W. Powell Probate Judge.
(Return to wit:-)
The State of Ohio
Franklin County Ss. Probate Court.
In pursuance of the power vested in me by the Probate Court in and
for the County of Delaware and state of Ohio, I caused D. R. Kinsell
and J.R. Flowers to be brought before me and caused their affidavits
to be taken in the matter of the last will and testament of Horace
D. Hubbard deceased at my office in the City of Columbus, County
of Franklin and State of Ohio the 23rd day of May A.D. 1866 in the words
and figures as follows, to wit:-
We D.R. Kinsell and J.R. Flowers being duly sworn in open court
this 23rd day of May A.D. 1866, depose and say that we were present
at the execution of the last will and testament of Horace D.
Hubbard deceased, hereunto annexed; that we saw Horace D.
Hubbard said testator subscribe said will and heard him publish
and declare the same to be his last will and testament, and
that the said Horace D. Hubbard at the time of executing
the same was of full age, and sound mind and memory
[corresponds to labeled page 254 of Will Records Vol. 4 - 1859-1869]
254
Records of the Will of Horace D. Hubbard. May 23rd 1866.
into money: - 1st I desire that my just debts be paid - 2nd that a mon=
=ument to cost two hundred dollars be bought and erected - 3rd that all
of the residue remainder of my estate be equally divided
between my father, mother, my sister Eliza and my brothers Frederick
E. Hubbard, John Deware Hubbard and James F. Hubbard.
Witnesses my hand, seal this first day of May A.D. 1866.
Attest. (signed) D.R. Rinsell ) (Signed) Horace D. Hubbard.
J.R. Flowers ) (End of the Will.)
(Record of the Commission and testimony)
The State of Ohio
Delaware County Ss. } In the Probate Court.
To the Judge of the Probate Court of Franklin County, Ohio, Greeting.
The undersigned Thomas W. Powell Judge of the Probate Court in
and for the said County of Delaware, placing special confidence
in your ability and integrity, do hereby constitute and appoint
you commissioner to take the testimony of D.R. Kinsell and
J.R. Flowers, (the subscribing witnesses to the last will and testament of
Horace D. Hubbard) to prove the execution and attestation of the
said last will and testament of the said Horace D. Hubbard decd.
dated the first day of May 1866 hereto annexed; and reduce their
testimony to writing, and return the same together with the said
will under your seal to this Court, for the purpose of the probate
of the said will. And for so doing this shall be your commission
and full authority to administer the proper oaths and take the
said testimony; in due time and necessary convenience.
{seal} In testimony whereof I have hereunto set my hand
and seal of the said Probate Court of Delaware County
This 11th day of May 1866, at Delaware, Ohio.
T.W. Powell Probate Judge.
(Return to wit:-)
The State of Ohio
Franklin County Ss. Probate Court.
In pursuance of the power vested in me by the Probate Court in and
for the County of Delaware and state of Ohio, I caused D. R. Kinsell
and J.R. Flowers to be brought before me and caused their affidavits
to be taken in the matter of the last will and testament of Horace
D. Hubbard deceased at my office in the City of Columbus, County
of Franklin and State of Ohio the 23rd day of May A.D. 1866 in the words
and figures as follows, to wit:-
We D.R. Kinsell and J.R. Flowers being duly sworn in open court
this 23rd day of May A.D. 1866, depose and say that we were present
at the execution of the last will and testament of Horace D.
Hubbard deceased, hereunto annexed; that we saw Horace D.
Hubbard said testator subscribe said will and heard him publish
and declare the same to be his last will and testament, and
that the said Horace D. Hubbard at the time of executing
the same was of full age, and sound mind and memory
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 287)
Description
[page 287]
[corresponds to labeled page 255 of Will Records Vol. 4 - 1859-1869]
255
Record of the Will of Horace D. Hubbard decd. May 23rd 1866.
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.
D.R. Kinsell
J.R. Flowers
Sworn to and subscribed in my presence the day and
{seal} year first above written.
In testimony whereof I have hereunto set
my hand & seal officially.
(signed) John M. Pugh Probate Judge
Recorded by me. T.W. Powell Probate Judge
Record of the Will of Fitzhenry Homer decd.
Proceedings had before Thomas W. Powell 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 6th day of July 1866.
In the matter of the will of Fitzhenry Homer decd
this day the authenticated Copy of the last will and tes=
=ment of Fitzhenry Homer, late of Boston, in the County
of Suffolk, in the State of Massachusetts decd, as proved
and admitted to record in the probate Court, in the said
County of Suffolk, duly executed and proved in the said
last named County, and duly certified from the record,
was presented to this Court for record in this County where
it is claimed that the same relates to property therein
upon consideration there of the Court Orders the same to be
admitted to record accordingly
T.W. Powell, Probate Judge.
Commonwealth of Massachusetes
Suffolk Ss. By the Judge of probate for said County,
To Franklin Evans of Boston in said County.
{L S} Gentleman, Greeting
Whereas Fitzhenry Homer
late of said Boston, Gentleman, deceased, having lately died
testate, leaving good and estate to be administered, and
administration thereof having been granted to you
and bonds given as the law directs. Trusting there=
=fore in your care and fidelity, I do by these pre=
=sents, pursuant to the power and authority to me
granted, constitute and appoint you administrator
de bonis non. With the will annexed, of the estate of
said deceased, and commit unto you the admin=
=istration thereof, will and faithfully to execute the
same according to law, and you are required to
make and return into the Probate Court for said
County of Suffolk, within three months from the date.
[corresponds to labeled page 255 of Will Records Vol. 4 - 1859-1869]
255
Record of the Will of Horace D. Hubbard decd. May 23rd 1866.
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.
D.R. Kinsell
J.R. Flowers
Sworn to and subscribed in my presence the day and
{seal} year first above written.
In testimony whereof I have hereunto set
my hand & seal officially.
(signed) John M. Pugh Probate Judge
Recorded by me. T.W. Powell Probate Judge
Record of the Will of Fitzhenry Homer decd.
Proceedings had before Thomas W. Powell 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 6th day of July 1866.
In the matter of the will of Fitzhenry Homer decd
this day the authenticated Copy of the last will and tes=
=ment of Fitzhenry Homer, late of Boston, in the County
of Suffolk, in the State of Massachusetts decd, as proved
and admitted to record in the probate Court, in the said
County of Suffolk, duly executed and proved in the said
last named County, and duly certified from the record,
was presented to this Court for record in this County where
it is claimed that the same relates to property therein
upon consideration there of the Court Orders the same to be
admitted to record accordingly
T.W. Powell, Probate Judge.
Commonwealth of Massachusetes
Suffolk Ss. By the Judge of probate for said County,
To Franklin Evans of Boston in said County.
{L S} Gentleman, Greeting
Whereas Fitzhenry Homer
late of said Boston, Gentleman, deceased, having lately died
testate, leaving good and estate to be administered, and
administration thereof having been granted to you
and bonds given as the law directs. Trusting there=
=fore in your care and fidelity, I do by these pre=
=sents, pursuant to the power and authority to me
granted, constitute and appoint you administrator
de bonis non. With the will annexed, of the estate of
said deceased, and commit unto you the admin=
=istration thereof, will and faithfully to execute the
same according to law, and you are required to
make and return into the Probate Court for said
County of Suffolk, within three months from the date.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 288)
Description
[page 288]
[corresponds to labeled page 256 of Will Records Vol. 4 - 1859-1869]
256
Record of the Will of Fitzhenry Homer, Decd.
hereof, a true inventory of all the real estate and all
the goods, chattels, rights and credits of the said tes=
=tator, which are by law to be administered, which
shall come to our possession or knowledge, and to ad=
=minister according to law and to the will of the tes=
=tator, all goods, chattels, right, and credits of the
said decease, and the proceeds of all his real estate
that may be sold for the payment of His debts or
legacies, which shall at any time come to your po=
=sesion or the possession of any other person for you,
and to render upon oath a true account of your admin=
=istration within one year from the date hereof, and
at any other times when thereto required by the Judge
of Probate of said County of Suffolk.
And in all other matters and things in relation to
your said administration you are faithfully to dis=
=charge your trust according to law.
In testimony whereof I have hereunto set my hand and
seal of the said Court of Probate at Boston the eighth
day of December in the year of One thousand eight hun=
=dred and fifty six
Edw G. Living,
Judge of probate.
Countersigned
Wm le Brown Regr
(Copy and record of the said will.)
Be it remembered that I Fitzhenry Homer
of Boston, in the County of Sullold, and Commonwealth
of Massachusetts, Esquire, being in good health, and of
sound mind, and memory, but sensible of the uncer-
=tainty of life, and desirous to prepare for its close, do
make and declare this my last Will and testament:
I desire to be buried in the Chapel burying
ground in the family Vaults, in said Boston, over the remains
of my father and mother, and I wish some friend to fol=
=low my remains from my house to the grave and should
not the interment not be permitted in that burying ground I
wish my wife to direct where it shall be.
It my will that all my just debts, and the charges
on my estate be paid and discharged as soon as conveniently
may be after my decease.
I give, devise and dispose, of all my estate, real and
personal, together with any, and all estate right or interest
in hands which I may acquire after the date of this will
(Save what may be necessary for the payment of my just
debts, and the charges on my estate in the following man=
=ner.
First - I give and bequeath to my dearly beloved
[corresponds to labeled page 256 of Will Records Vol. 4 - 1859-1869]
256
Record of the Will of Fitzhenry Homer, Decd.
hereof, a true inventory of all the real estate and all
the goods, chattels, rights and credits of the said tes=
=tator, which are by law to be administered, which
shall come to our possession or knowledge, and to ad=
=minister according to law and to the will of the tes=
=tator, all goods, chattels, right, and credits of the
said decease, and the proceeds of all his real estate
that may be sold for the payment of His debts or
legacies, which shall at any time come to your po=
=sesion or the possession of any other person for you,
and to render upon oath a true account of your admin=
=istration within one year from the date hereof, and
at any other times when thereto required by the Judge
of Probate of said County of Suffolk.
And in all other matters and things in relation to
your said administration you are faithfully to dis=
=charge your trust according to law.
In testimony whereof I have hereunto set my hand and
seal of the said Court of Probate at Boston the eighth
day of December in the year of One thousand eight hun=
=dred and fifty six
Edw G. Living,
Judge of probate.
Countersigned
Wm le Brown Regr
(Copy and record of the said will.)
Be it remembered that I Fitzhenry Homer
of Boston, in the County of Sullold, and Commonwealth
of Massachusetts, Esquire, being in good health, and of
sound mind, and memory, but sensible of the uncer-
=tainty of life, and desirous to prepare for its close, do
make and declare this my last Will and testament:
I desire to be buried in the Chapel burying
ground in the family Vaults, in said Boston, over the remains
of my father and mother, and I wish some friend to fol=
=low my remains from my house to the grave and should
not the interment not be permitted in that burying ground I
wish my wife to direct where it shall be.
It my will that all my just debts, and the charges
on my estate be paid and discharged as soon as conveniently
may be after my decease.
I give, devise and dispose, of all my estate, real and
personal, together with any, and all estate right or interest
in hands which I may acquire after the date of this will
(Save what may be necessary for the payment of my just
debts, and the charges on my estate in the following man=
=ner.
First - I give and bequeath to my dearly beloved
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 289)
Description
[page 289]
[corresponds to labeled page 257 of Will Records Vol. 4 - 1859-1869]
257
Record of the Will of Fitzhenry Homer, decd.
wife, all my right horses and carriages, and all stores of
provisions, wines and liquors, of any kind, which I may
have at the time of my decease, and I give and bequeath
to her during her life the use of all my household
furniture, plate, and all articles of domestic use, and
ornament, not bequeathed to Her as above, and she
shall be bound to keep the same insured against
fire. and I hereby authorize and empower my wife
to make such gifts as She may think proper to my
daughter Isabel, and the other children, should any
others be born, of any articles of household furni=
=ture, plate, and other like property left to Her
during her life time as above, and such gift or gifts
may be made by her at such times as she may think
best.
Second - I give and devise to my wife the use of
my dwelling house situated in Beacon Street in said
Boston. With the Staby and all the rights, privileges
and appurtenances thereto belonging to be used, occupied
and posessed by her during her life subject to the ex=
=pences of repairs insurance against fire and taxes
which are to be paid by her and in case of damage
by fire, she shall apply the amount received from
the insurers to repair the loss, but if dwelling house
shall be destroyed by fire so as to make it necessary to rebuild
the same, I do hereby authorize and empower my wife if she
thinks fit to sell and convey the said mansion house estate
and to execute a good and sufficient deed of the same in
fee simple, such sale to be made at public auction or by
private contract, as she may deem best, and in case
of such sale the entire proceed thereof together with such
sum as shall be received from the Insurers shall be
deemed and taken as a part of my estate, and the same
shall be accounted for accordingly. and if such sale
be made, the quantity to be paid to my wife shall be
increased as hereinafter named. And it is my
will that my wife shall have power to sell and con=
=vey said mansion house estate as above Should
she prefer not to occupy the same, in which case
the proceeds shall be accounted for and the annuity
be increased as herein provided
Third I give and bequeath to my wife the
sum of five thousand dollars annually for and du=
=ring the term of her natural life, to be paid
to her in quarter yearly payments, commencing at the
end of three months from my decease. The same
to be received by her, or her lawful attorney. And it
is my will that my wife shall from said annuity
[corresponds to labeled page 257 of Will Records Vol. 4 - 1859-1869]
257
Record of the Will of Fitzhenry Homer, decd.
wife, all my right horses and carriages, and all stores of
provisions, wines and liquors, of any kind, which I may
have at the time of my decease, and I give and bequeath
to her during her life the use of all my household
furniture, plate, and all articles of domestic use, and
ornament, not bequeathed to Her as above, and she
shall be bound to keep the same insured against
fire. and I hereby authorize and empower my wife
to make such gifts as She may think proper to my
daughter Isabel, and the other children, should any
others be born, of any articles of household furni=
=ture, plate, and other like property left to Her
during her life time as above, and such gift or gifts
may be made by her at such times as she may think
best.
Second - I give and devise to my wife the use of
my dwelling house situated in Beacon Street in said
Boston. With the Staby and all the rights, privileges
and appurtenances thereto belonging to be used, occupied
and posessed by her during her life subject to the ex=
=pences of repairs insurance against fire and taxes
which are to be paid by her and in case of damage
by fire, she shall apply the amount received from
the insurers to repair the loss, but if dwelling house
shall be destroyed by fire so as to make it necessary to rebuild
the same, I do hereby authorize and empower my wife if she
thinks fit to sell and convey the said mansion house estate
and to execute a good and sufficient deed of the same in
fee simple, such sale to be made at public auction or by
private contract, as she may deem best, and in case
of such sale the entire proceed thereof together with such
sum as shall be received from the Insurers shall be
deemed and taken as a part of my estate, and the same
shall be accounted for accordingly. and if such sale
be made, the quantity to be paid to my wife shall be
increased as hereinafter named. And it is my
will that my wife shall have power to sell and con=
=vey said mansion house estate as above Should
she prefer not to occupy the same, in which case
the proceeds shall be accounted for and the annuity
be increased as herein provided
Third I give and bequeath to my wife the
sum of five thousand dollars annually for and du=
=ring the term of her natural life, to be paid
to her in quarter yearly payments, commencing at the
end of three months from my decease. The same
to be received by her, or her lawful attorney. And it
is my will that my wife shall from said annuity
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 290)
Description
[page 290]
[corresponds to labeled page 258 of Will Records Vol. 4 - 1859-1869]
258
Record of the Will of Fitzhenry Homer, deceased.
pay the expences of the maintaince and education of my
daughter, Lisabel, and my other children, should any
others be born during their minority, and I further
give to my beloved wife the sum of twenty thou-
sand dollars, to be paid to her from the trust fund
herein after named in three years after my decease, and
I hereby provide that should she prefer not to withdraw
said sum from the trust fund, she may by any in=
=instrument in writing signed by her in the presence of
two witnesses, direct limit and appoint to whom
at what time and under what provisions said sum
of twenty thousand dollars or any part thereof shall
be paid, and it is my will that in case of the
sale of the mansion house estate as above, my wife
shall receive an addition of one thousand dollars
to her annuity as aforesaid to be paid to her quarter
yearly as above, and the provisions aforesaid for my wife
shall be in lieu of all dower.
And in order to raise and secure the payment of
said annuity I give, devise and bequeath to my wife
and Edward Blake of said Boston, Esquire, all my
real Estate, except said mansion house estate, and in-
cluding with that exception, all of the real estate of
which I may be seized and posessed at the time of my
decease, and also stocks and other personal property to
the amount of one hundred thousand dollars to be
selected and taken at the valuation in the Inventory of
my estate. To have and to hold the same to them
their heirs and assigns and the survivors of them his
heirs and assigns = but upon the trust and to the uses
intents and purposes folowing that is to say to hold,
lease and demise the real estate and invest the per=
=sonal property - and the proceeds of any sales of the real
estate should they make any sales of the Real Estate in
such manner and in such terms as they shall think
safe and expedient, to collect and receive the rents, in=
=come dividends, and profits thereof, to keep the real es-
-state in tenatible repair, altering or rebuilding the same
in my past thereof when necessary to pay all char=
-ges for repairs improvements, taxes and insurance
on said trust property, and after deducting all such
charges and expenses and all other necessary and proper
charges and expenses, and a reasonable compensation
for their own service to pay said annuity and to add
to said fund and invest as aforesaid all the surplus
of said income. And in case said trustees shall deem
it prudent to sell and dispose of or change any
investment at any time held by them in their ca=
[corresponds to labeled page 258 of Will Records Vol. 4 - 1859-1869]
258
Record of the Will of Fitzhenry Homer, deceased.
pay the expences of the maintaince and education of my
daughter, Lisabel, and my other children, should any
others be born during their minority, and I further
give to my beloved wife the sum of twenty thou-
sand dollars, to be paid to her from the trust fund
herein after named in three years after my decease, and
I hereby provide that should she prefer not to withdraw
said sum from the trust fund, she may by any in=
=instrument in writing signed by her in the presence of
two witnesses, direct limit and appoint to whom
at what time and under what provisions said sum
of twenty thousand dollars or any part thereof shall
be paid, and it is my will that in case of the
sale of the mansion house estate as above, my wife
shall receive an addition of one thousand dollars
to her annuity as aforesaid to be paid to her quarter
yearly as above, and the provisions aforesaid for my wife
shall be in lieu of all dower.
And in order to raise and secure the payment of
said annuity I give, devise and bequeath to my wife
and Edward Blake of said Boston, Esquire, all my
real Estate, except said mansion house estate, and in-
cluding with that exception, all of the real estate of
which I may be seized and posessed at the time of my
decease, and also stocks and other personal property to
the amount of one hundred thousand dollars to be
selected and taken at the valuation in the Inventory of
my estate. To have and to hold the same to them
their heirs and assigns and the survivors of them his
heirs and assigns = but upon the trust and to the uses
intents and purposes folowing that is to say to hold,
lease and demise the real estate and invest the per=
=sonal property - and the proceeds of any sales of the real
estate should they make any sales of the Real Estate in
such manner and in such terms as they shall think
safe and expedient, to collect and receive the rents, in=
=come dividends, and profits thereof, to keep the real es-
-state in tenatible repair, altering or rebuilding the same
in my past thereof when necessary to pay all char=
-ges for repairs improvements, taxes and insurance
on said trust property, and after deducting all such
charges and expenses and all other necessary and proper
charges and expenses, and a reasonable compensation
for their own service to pay said annuity and to add
to said fund and invest as aforesaid all the surplus
of said income. And in case said trustees shall deem
it prudent to sell and dispose of or change any
investment at any time held by them in their ca=
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 291)
Description
[page 291]
[corresponds to labeled page 259 of Will Records Vol. 4 - 1859-1869]
259
Record of the will of Fitzhenry Homer, decd.
=pacity of trustees as aforesaid. I authorize and empower
them to make such changes, and to sell by public auction
or private sale, for such consideration, and on such terms
as they shall deem expedient, any or all such invest=
-ment to make good and sufficient conveyance of
said real estate in fee simple or otherwise suitable trans-
-fers thereof, and to loan or invest the same or their
proceeds, thereof upon the same trusts and in the man-
-ner hereinbefore mentioned, and the same to resell and
reinvest as aforesaid. In case said Blake appointed trus-
-tee as aforesaid shall decline or resign then or shall die
before all the objects thereof are accomplished, then my
wife may appoint by any instrument in writing under her
hand a new trustee in place of said Blake, and so from
time to time whenever a new trustee may be required and
exercise the same powers, rights and duties as if he
had been originally appointed by me and the trust es-
-state shall rest in him in like manner as it did or
would have rested in the trustee in whose place he is
substituted. And at and upon the decease of my wife
I give and bequeath said mansion house Estate of item
remaining unsold said other real estate, all the per-
-sonal property constituting the house - fund as fore-
-said and also the household furniture plate and
other articles of personal property, the use of which is
above given to my wife during her life, to my dau-
-ghters Isabel and such other children as I may
have. To have and to hold the same to them, and for
their use and benefit upon the same trusts and upon
the same provisions as are hereinafter expressed in rela-
-tion to the other property herein devised, and bequeathed
to them, and for their use and benefit.
Fourth. I give and bequeath to my daughter-
-ter Josephine Marion DeWolf the sum of one hundred
dollars, the same to be paid as soon as may be after
my decease to her, and in case of her decease to her
issue. And it is my will that said bequest shall
be all that she and her issue can or will ever
receive from my estate.
Fifth. I give and bequeath to my daughter
Isabel the sum of one hundred dollars to be paid to
her at the same time the above legacy shall be paid
to her sisters.
Sixth. I give and bequeath the sum of Five
thousand dollars to my beloved wife and Edward
Blake aforesaid. To hold the same and his as-
signs, and the survivors of them, his executors,
administrators, and assigns, but in trust never the less
[corresponds to labeled page 259 of Will Records Vol. 4 - 1859-1869]
259
Record of the will of Fitzhenry Homer, decd.
=pacity of trustees as aforesaid. I authorize and empower
them to make such changes, and to sell by public auction
or private sale, for such consideration, and on such terms
as they shall deem expedient, any or all such invest=
-ment to make good and sufficient conveyance of
said real estate in fee simple or otherwise suitable trans-
-fers thereof, and to loan or invest the same or their
proceeds, thereof upon the same trusts and in the man-
-ner hereinbefore mentioned, and the same to resell and
reinvest as aforesaid. In case said Blake appointed trus-
-tee as aforesaid shall decline or resign then or shall die
before all the objects thereof are accomplished, then my
wife may appoint by any instrument in writing under her
hand a new trustee in place of said Blake, and so from
time to time whenever a new trustee may be required and
exercise the same powers, rights and duties as if he
had been originally appointed by me and the trust es-
-state shall rest in him in like manner as it did or
would have rested in the trustee in whose place he is
substituted. And at and upon the decease of my wife
I give and bequeath said mansion house Estate of item
remaining unsold said other real estate, all the per-
-sonal property constituting the house - fund as fore-
-said and also the household furniture plate and
other articles of personal property, the use of which is
above given to my wife during her life, to my dau-
-ghters Isabel and such other children as I may
have. To have and to hold the same to them, and for
their use and benefit upon the same trusts and upon
the same provisions as are hereinafter expressed in rela-
-tion to the other property herein devised, and bequeathed
to them, and for their use and benefit.
Fourth. I give and bequeath to my daughter-
-ter Josephine Marion DeWolf the sum of one hundred
dollars, the same to be paid as soon as may be after
my decease to her, and in case of her decease to her
issue. And it is my will that said bequest shall
be all that she and her issue can or will ever
receive from my estate.
Fifth. I give and bequeath to my daughter
Isabel the sum of one hundred dollars to be paid to
her at the same time the above legacy shall be paid
to her sisters.
Sixth. I give and bequeath the sum of Five
thousand dollars to my beloved wife and Edward
Blake aforesaid. To hold the same and his as-
signs, and the survivors of them, his executors,
administrators, and assigns, but in trust never the less
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 292)
Description
[page 292]
[corresponds to labeled page 260 of Will Records Vol. 4 - 1859-1869]
260
Record of the will of Fitzhenry Homer, decd.
and to and for the uses and purposes following that is
say to invest the said sum of five thousand dollars
in any manner which said trustees shall deem safe to
collect and receive the interest and income thereof, and
income thereof and after deducting all necessary and
proper charges, to pay all the residue of the interest and
income of said trust fund to my daughter Isabel in quar-
-terly payments, and when she shall attain
the age of twenty one years or to be married to pay and
transfer the said trust fund and the interest and in-
-come on hand to her if she shall so desire.
Seventh. I give and devise and bequeath all the rest of
residue and remainder of my estate, real, personal
and mixed of what nature soever, and wherever situated
including all the real estate which I may acquire
after the date of this will, and also all the real estate
and personal property of which my wife shall have
the use during her life, to her and Edward Blake
aforesaid. I have and to hold the same to them their
heirs and assigns and the survivors of them but upon
the hush and to the use intents and purposes following
to invest the said personal property in each
manner and on such terms as they shall think safe
and expedient to collect and receive the income and
profits thereof and the same to invest after deducting all
necessary and proper charges during the minority of
my daughter, Isabel, and my other children should oth-
=ers be born, and provided my wife during their minority so
much of said income as is necessary and proper shall be
applied to the support, maintenance and education of said
Isabel and such other children and the surplus of said
income to be added to the trust fund. And further
should I leave a son to convey transfer and pay over
to him his entire share of all said property upon ob-
-taining full age equal with my daughter Isabel, and
my other children should others be born. My son to take
his said share free and clear from all trusts limit-
ations and restrictions whatever and his part of said
share he may take said mansion house estate and
the furniture aforesaid at valuation of sixty thousand
dollars and as to my daughter Isabel and other dau-
-ghters should others be born to pay over them upon them
obtaining the age of twenty one years the income of
their shares of said property during their natural
lives for their own sole and separate use, and so that
the same shall not be subject or in any manner
liable to the control of my husband, and the receipts
[corresponds to labeled page 260 of Will Records Vol. 4 - 1859-1869]
260
Record of the will of Fitzhenry Homer, decd.
and to and for the uses and purposes following that is
say to invest the said sum of five thousand dollars
in any manner which said trustees shall deem safe to
collect and receive the interest and income thereof, and
income thereof and after deducting all necessary and
proper charges, to pay all the residue of the interest and
income of said trust fund to my daughter Isabel in quar-
-terly payments, and when she shall attain
the age of twenty one years or to be married to pay and
transfer the said trust fund and the interest and in-
-come on hand to her if she shall so desire.
Seventh. I give and devise and bequeath all the rest of
residue and remainder of my estate, real, personal
and mixed of what nature soever, and wherever situated
including all the real estate which I may acquire
after the date of this will, and also all the real estate
and personal property of which my wife shall have
the use during her life, to her and Edward Blake
aforesaid. I have and to hold the same to them their
heirs and assigns and the survivors of them but upon
the hush and to the use intents and purposes following
to invest the said personal property in each
manner and on such terms as they shall think safe
and expedient to collect and receive the income and
profits thereof and the same to invest after deducting all
necessary and proper charges during the minority of
my daughter, Isabel, and my other children should oth-
=ers be born, and provided my wife during their minority so
much of said income as is necessary and proper shall be
applied to the support, maintenance and education of said
Isabel and such other children and the surplus of said
income to be added to the trust fund. And further
should I leave a son to convey transfer and pay over
to him his entire share of all said property upon ob-
-taining full age equal with my daughter Isabel, and
my other children should others be born. My son to take
his said share free and clear from all trusts limit-
ations and restrictions whatever and his part of said
share he may take said mansion house estate and
the furniture aforesaid at valuation of sixty thousand
dollars and as to my daughter Isabel and other dau-
-ghters should others be born to pay over them upon them
obtaining the age of twenty one years the income of
their shares of said property during their natural
lives for their own sole and separate use, and so that
the same shall not be subject or in any manner
liable to the control of my husband, and the receipts
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 293)
Description
[page 293]
[corresponds to labeled page 261 of Will Records Vol. 4 - 1859-1869]
261
Record of the Will of Fitzhenry Homer deceased
and of my daughters shall not withstanding these cov
-ertures, be good and sufficient, discharges in the prom-
=ises to said trustees, and in case there shall be only one
daughter entitled to receive said income, said daughter
shall not receive from said income more than twelve
thousand dollars in any one year.
And said trustees shall have full power to change any
stocks, or securities under this Will and reinvest - in
others as they may deem expedient, and I hereby di=
=rect that the control of the property held in trust
under this Will shall be solely in the trustees acting un-
=der it. Who shall not be restrained or directed in any
manner by my daughter; or other child or the hus-
=bands or either of them as to the care, and manage-
-ment of said trust property, and the said trust for
my daughter Isabel and my other daughters should others
be born. shall continue during their lives and after
their decease for the benefit of their children if any, and
no division of the principle of said trust property shall
be made until all the said grandchildren shall be =
=come of full age, the net income of said trust proper-
-ty to be used for the benefit of my daughter Isabel
and the other children should others be born, and,
their children, as named, and provided above, and
in trust further, and it is my Will, and I do hereby
expressly provide that in case my daughter Isabel
should not leave any issue and I should not have
any other children, the said trustees or their successors
shall convey transfer and pay over all said trust prop-
-erty to such person or persons in such shares and
proportions, and in such manner and form as my
daughter Isabel shall by any deed or deeds or instru-
=ment in writing to be by her sealed and delivered
or in and by her last Will and testament in writing
to be by her executed and attested in such manner as
is by law required direct - limit or appoint, and for
want of such direction, limitation or appointment and
should my wife survive said Isabel then in trust
to convey transfer and pay over said property in such
manner as my wife may direct limit or appoint. In
case said Blake appointed trustee as aforesaid shall
decline or resign the trusts aforesaid or shall die before
all the objects thereof are accomplished then my wife
may appoint by my instrument under her hand a new
trustee in place of said Blake and so from time to time
whenever a new trustee may be required, and should my
wife fail to make such appointment it may be made
by the Judge of Probate for the County of Suffolk
[corresponds to labeled page 261 of Will Records Vol. 4 - 1859-1869]
261
Record of the Will of Fitzhenry Homer deceased
and of my daughters shall not withstanding these cov
-ertures, be good and sufficient, discharges in the prom-
=ises to said trustees, and in case there shall be only one
daughter entitled to receive said income, said daughter
shall not receive from said income more than twelve
thousand dollars in any one year.
And said trustees shall have full power to change any
stocks, or securities under this Will and reinvest - in
others as they may deem expedient, and I hereby di=
=rect that the control of the property held in trust
under this Will shall be solely in the trustees acting un-
=der it. Who shall not be restrained or directed in any
manner by my daughter; or other child or the hus-
=bands or either of them as to the care, and manage-
-ment of said trust property, and the said trust for
my daughter Isabel and my other daughters should others
be born. shall continue during their lives and after
their decease for the benefit of their children if any, and
no division of the principle of said trust property shall
be made until all the said grandchildren shall be =
=come of full age, the net income of said trust proper-
-ty to be used for the benefit of my daughter Isabel
and the other children should others be born, and,
their children, as named, and provided above, and
in trust further, and it is my Will, and I do hereby
expressly provide that in case my daughter Isabel
should not leave any issue and I should not have
any other children, the said trustees or their successors
shall convey transfer and pay over all said trust prop-
-erty to such person or persons in such shares and
proportions, and in such manner and form as my
daughter Isabel shall by any deed or deeds or instru-
=ment in writing to be by her sealed and delivered
or in and by her last Will and testament in writing
to be by her executed and attested in such manner as
is by law required direct - limit or appoint, and for
want of such direction, limitation or appointment and
should my wife survive said Isabel then in trust
to convey transfer and pay over said property in such
manner as my wife may direct limit or appoint. In
case said Blake appointed trustee as aforesaid shall
decline or resign the trusts aforesaid or shall die before
all the objects thereof are accomplished then my wife
may appoint by my instrument under her hand a new
trustee in place of said Blake and so from time to time
whenever a new trustee may be required, and should my
wife fail to make such appointment it may be made
by the Judge of Probate for the County of Suffolk
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 294)
Description
[page 294]
[corresponds to labeled page 262 of Will Records Vol. 4 - 1859-1869]
262
Record of the Will of Fitzhenry Homer decd'
and in case my wife appointed a trustee shall decline or resign
the trusts aforesaid, or shall die before all the objects thereof are
accomplished, then said Blake or my trustee who may be ac-
=ting in his place may be appointed by my instrument
under his hand a new trustee in place of my wife and so from
time to time, whenever a new trustee may be required, and
every trustee appointed in the place of said trustees respective=
-ly shall have and exercise the same powers rights and
duties as if originally appointed by me, and the trust estate
shall use in him in like manner as they did or would
have resting in the trustee in whose place he is substitu-
-ted & should said Mansion house estate not be sold
in the lifetime of wife and should my daughter Isabel
not wish to occupy the same then it is my Will that
the said trustee for the time being, may and I do hereby
authorize them to sell said Mansion house estate and
any and all other parcels of Real Estate held by said
trustees by public auction or private sale for such con
-sideration, and in such times as they shall deem expe-
-dient to make good and sufficient conveyance
of said real estate and with full power and authority to sell
and dispose of said household furniture plate and other ar-
ticles, the use of which is given hereby to wife during
her life provided said trustees shall deem it to be best
to sell the same hereby authorizing said trustees to provide
my daughter Isabel and such other children as I may
have to occupy said dwelling house and use the fur-
=niture and plate remaining free from any rent or
other charge therefore and with power to sell and make
suitable transfer of all other personal property held
by said trustees and to invest the proceeds of all sales
of Real Estate and personal property which may be
made by them in such manner and in such terms
as they shall think safe and do expidient and
the same to resell and reinvest as aforesaid, and
it is my Will, and I do hereby request - that the trus-
-tees shall be exempted from giving bonds as such
trustees.
And whereas the said mansion house estate situate
in Beacon Street in said Boston is now held by John
E Thayer of said Boston Esquire, for my use and ben-
=ifit, he being bound to convey the same pursu-
-ant to my directives and appointment to be made
by my instrument to take effect during my life, or
by my last Will and testament, I do hereby di-
=rect and appoint that said estate shall be con-
=veyed so that the same shall be conveyed so that
the same shall be held used and enjoyed by the
[corresponds to labeled page 262 of Will Records Vol. 4 - 1859-1869]
262
Record of the Will of Fitzhenry Homer decd'
and in case my wife appointed a trustee shall decline or resign
the trusts aforesaid, or shall die before all the objects thereof are
accomplished, then said Blake or my trustee who may be ac-
=ting in his place may be appointed by my instrument
under his hand a new trustee in place of my wife and so from
time to time, whenever a new trustee may be required, and
every trustee appointed in the place of said trustees respective=
-ly shall have and exercise the same powers rights and
duties as if originally appointed by me, and the trust estate
shall use in him in like manner as they did or would
have resting in the trustee in whose place he is substitu-
-ted & should said Mansion house estate not be sold
in the lifetime of wife and should my daughter Isabel
not wish to occupy the same then it is my Will that
the said trustee for the time being, may and I do hereby
authorize them to sell said Mansion house estate and
any and all other parcels of Real Estate held by said
trustees by public auction or private sale for such con
-sideration, and in such times as they shall deem expe-
-dient to make good and sufficient conveyance
of said real estate and with full power and authority to sell
and dispose of said household furniture plate and other ar-
ticles, the use of which is given hereby to wife during
her life provided said trustees shall deem it to be best
to sell the same hereby authorizing said trustees to provide
my daughter Isabel and such other children as I may
have to occupy said dwelling house and use the fur-
=niture and plate remaining free from any rent or
other charge therefore and with power to sell and make
suitable transfer of all other personal property held
by said trustees and to invest the proceeds of all sales
of Real Estate and personal property which may be
made by them in such manner and in such terms
as they shall think safe and do expidient and
the same to resell and reinvest as aforesaid, and
it is my Will, and I do hereby request - that the trus-
-tees shall be exempted from giving bonds as such
trustees.
And whereas the said mansion house estate situate
in Beacon Street in said Boston is now held by John
E Thayer of said Boston Esquire, for my use and ben-
=ifit, he being bound to convey the same pursu-
-ant to my directives and appointment to be made
by my instrument to take effect during my life, or
by my last Will and testament, I do hereby di-
=rect and appoint that said estate shall be con-
=veyed so that the same shall be conveyed so that
the same shall be held used and enjoyed by the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 295)
Description
[page 295]
[corresponds to labeled page 263 of Will Records Vol. 4 - 1859-1869]
263
Record of the Will of Fitzhenry Homer decd'
persons and in the manner above set forth, provided I
shall not have taken a conveyance thereof
Eighth I appoint my wife and said Ed-
=ward Blake to be the Guardians of my daughter Isa-
=bel and the other children if any during their minority
and in case of the death or resignation of either of them the other
may act as sole guardian, and I hereby order and request that
no bond shall be required of said guardians or either
of them.
Ninth. I nominate and appoint my wife to be Ex-
=ecutrix of this my Will and testament, and lastly hereby
revokoing all former wills and testaments.
In witness whereof I the said Fitzhenry Homer have
hereto set my hand and sale this twenty seventh day of
July in the year of Our Lord Eighteen hundred and fifty three
Fitzhenry Homer { L S }
Signed, Sealed, published and declared by the above
named Fitzhenry Homer as and for his last will and
testament in presence of us who at each other his request
in his presence, and in the presence of each have here-
=unto subscribed our names, as witnesses, the word "them"
in 5th clause & Isabel in 8th do being intertined.
Charles Atwood, Wm Minot Jr. Eleazer L Porter,
The Mansion House was conveyed by Mr John E
Thayer, by Deed to Samuel Hooper Esq. November 12th
1835, and therefore Mr Hooper's name must be substituted
in place of Mr Thayer in the foregoing instrument
Fitzhenry Homer.
The above named Fitzhenry Homer do make the
presents Codicil to be taken as such for part of
my last Will and testament, above written I hereby rat-
=ify and confirm my said Will in all respects save so
far as any part thereof shall be attend or recorded by
this Codicil.
It is my Will that in case of the sale of my
house in Beacon Street, the trustees may purchase for my
wife another house such as may suit her, in Boston
or elsewhere, to be held, used and possessed, as stated
in my Will about my house in Beacon Street.
It is my Will that my wife shall have at her
disposal the whole income of the fund created under
the third Clause of my Will, and I revoke so
much of it as limits her to an annuity of five thou-
sand dollars, the said income to be used by my
wife for the benefit of herself and my daughter Is-
-abel, and any part of the annual income which
[corresponds to labeled page 263 of Will Records Vol. 4 - 1859-1869]
263
Record of the Will of Fitzhenry Homer decd'
persons and in the manner above set forth, provided I
shall not have taken a conveyance thereof
Eighth I appoint my wife and said Ed-
=ward Blake to be the Guardians of my daughter Isa-
=bel and the other children if any during their minority
and in case of the death or resignation of either of them the other
may act as sole guardian, and I hereby order and request that
no bond shall be required of said guardians or either
of them.
Ninth. I nominate and appoint my wife to be Ex-
=ecutrix of this my Will and testament, and lastly hereby
revokoing all former wills and testaments.
In witness whereof I the said Fitzhenry Homer have
hereto set my hand and sale this twenty seventh day of
July in the year of Our Lord Eighteen hundred and fifty three
Fitzhenry Homer { L S }
Signed, Sealed, published and declared by the above
named Fitzhenry Homer as and for his last will and
testament in presence of us who at each other his request
in his presence, and in the presence of each have here-
=unto subscribed our names, as witnesses, the word "them"
in 5th clause & Isabel in 8th do being intertined.
Charles Atwood, Wm Minot Jr. Eleazer L Porter,
The Mansion House was conveyed by Mr John E
Thayer, by Deed to Samuel Hooper Esq. November 12th
1835, and therefore Mr Hooper's name must be substituted
in place of Mr Thayer in the foregoing instrument
Fitzhenry Homer.
The above named Fitzhenry Homer do make the
presents Codicil to be taken as such for part of
my last Will and testament, above written I hereby rat-
=ify and confirm my said Will in all respects save so
far as any part thereof shall be attend or recorded by
this Codicil.
It is my Will that in case of the sale of my
house in Beacon Street, the trustees may purchase for my
wife another house such as may suit her, in Boston
or elsewhere, to be held, used and possessed, as stated
in my Will about my house in Beacon Street.
It is my Will that my wife shall have at her
disposal the whole income of the fund created under
the third Clause of my Will, and I revoke so
much of it as limits her to an annuity of five thou-
sand dollars, the said income to be used by my
wife for the benefit of herself and my daughter Is-
-abel, and any part of the annual income which
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 296)
Description
[page 296]
[corresponds to labeled page 264 of Will Records Vol. 4 - 1859-1869]
264
Record of the Will of Fitzhenry Homer decd'
may not be used by my wife shall be invested by the
Trustees - I revoke the legacy of my wife of the sum of
twenty thousand dollars.
I revoke so much of the seventh clause of my Will as lim
=its my daughter Isabel to an annual income of twelve thou-
=sand dollars and it is my will that she shall have the
whole income of said trust fund - and it is my Will that
at the marriage of my daughter Isable the trustees under
my will may purchase for her a dwelling house and
may expend the sum of fifty thousand dollars in the
purchase of the same, and furniture therefor to be held
in trust for her.
It is my will that Edward Godman of said
Boston, Merchant shall be a trustee under my Will
jointly with my Wife and said Edward Blake and I
hereby give and devise to the said Edward Goodman
jointly with my Wife and said Edward Blake the same
estates rights titles interests, and powers, in and concer=
-ning the trust property real and personal, and the man
agement and disposal thereof and without any bond
to be given by said Goodman as trustee, and so effec-
=tualy to all intents and purposes, as if the said Ed-
=ward Goodman had been originally and in said Will
appointed trustee, together with my Wife and said
Blake, and it is my will that during the life of my
Wife there shall be two trustees associated with Her and
new trustees appointed from time to time whenever it may
be necessary to fill a vacancy, the appointments to be
made as named in my Will.
My house in Beacon Street is now held by
Samuel Hooper Esq. who received a conveyance there-
=of from John E Thayer, Esq and I make the same ap=
pointment as to said Hooper which was made in said
Will as to said Thayer.
Signed and sealed this twenty ninth day of
April AD eighteen hundred and fifty six.
Fitzhenry Homer { S S }
Signed, sealed, published and declared by the
above named Fitzhenry Homer as and for a Codicil
is his last will and testament in presence of us who at
his request in his presence and in the presence of each
other have hereunto subscribed our names as witnesses
Wm Minet Jr. Charles Atwood. Augustus A Gould.
I the above named Fitzhenry Homer do
make the additional Codicil to be taken as and
for part of my last will and testament above written
I hereby notify and confirm my said wife in all
respects as above made by said Will and Codicil
[corresponds to labeled page 264 of Will Records Vol. 4 - 1859-1869]
264
Record of the Will of Fitzhenry Homer decd'
may not be used by my wife shall be invested by the
Trustees - I revoke the legacy of my wife of the sum of
twenty thousand dollars.
I revoke so much of the seventh clause of my Will as lim
=its my daughter Isabel to an annual income of twelve thou-
=sand dollars and it is my will that she shall have the
whole income of said trust fund - and it is my Will that
at the marriage of my daughter Isable the trustees under
my will may purchase for her a dwelling house and
may expend the sum of fifty thousand dollars in the
purchase of the same, and furniture therefor to be held
in trust for her.
It is my will that Edward Godman of said
Boston, Merchant shall be a trustee under my Will
jointly with my Wife and said Edward Blake and I
hereby give and devise to the said Edward Goodman
jointly with my Wife and said Edward Blake the same
estates rights titles interests, and powers, in and concer=
-ning the trust property real and personal, and the man
agement and disposal thereof and without any bond
to be given by said Goodman as trustee, and so effec-
=tualy to all intents and purposes, as if the said Ed-
=ward Goodman had been originally and in said Will
appointed trustee, together with my Wife and said
Blake, and it is my will that during the life of my
Wife there shall be two trustees associated with Her and
new trustees appointed from time to time whenever it may
be necessary to fill a vacancy, the appointments to be
made as named in my Will.
My house in Beacon Street is now held by
Samuel Hooper Esq. who received a conveyance there-
=of from John E Thayer, Esq and I make the same ap=
pointment as to said Hooper which was made in said
Will as to said Thayer.
Signed and sealed this twenty ninth day of
April AD eighteen hundred and fifty six.
Fitzhenry Homer { S S }
Signed, sealed, published and declared by the
above named Fitzhenry Homer as and for a Codicil
is his last will and testament in presence of us who at
his request in his presence and in the presence of each
other have hereunto subscribed our names as witnesses
Wm Minet Jr. Charles Atwood. Augustus A Gould.
I the above named Fitzhenry Homer do
make the additional Codicil to be taken as and
for part of my last will and testament above written
I hereby notify and confirm my said wife in all
respects as above made by said Will and Codicil
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 297)
Description
[page 297]
[corresponds to labeled page 265 of Will Records Vol. 4 - 1859-1869]
265
Record of the Will of Fitzhenry Homer decd'
save so far as any part thereof shall be altered or recorded by this Cod-
-icil
It is my Will that my wife shall so far as she may find it con-
venient so to do use the income of the fund created under the
third clause of my Will for the benefit of my daughter Jo-
-sephine as Wife as for her own benefit and that of my
daughter Isabel intending to leave said income under the
entire control of my wife
And it is further my will that at the death
of my wife one half of all my property and estate then
remaining and held under my Will shall be held
and used for the benefit of my daughter Josephine wife
of Henry Bellfin Esquire of Newport R.I. for and
during her the time of her life and said Blake and
Goodman shall be the trustees for her and should they
decline or be unable to act. new trustees shall be appointed
by the Judge of Probate for the County of Suffolk from
time to time as may be required and further that at
the death of my daughter Josephine all the property then
held in trust for her under my Will be conveyed and
transferred to her children to have and to hold the same
to them, their heirs and assigns.
Signed and Sealed this twenty Second day
of May AD Eighteen hundred and fifty-six.
Fitzhenry Homer { S S }
Signed, Sealed, published, and declared by the above
named Fitzhenry Homer as and for a Codicil to his
last Will and testament in presence of us who at his
request in his presence and in the presence of each other
have hereunto subscribed our names as witnesses
Charles Atwood. Augustus A Gould. T. L. Batchelder
{S S} Commonwealth of Massachusetts, Suffolk SS.
At a Probate Court holden at Boston Within
and for the County of Suffolk on the twenty third day of
June in the year 1858.
The annexed Will and codicils being
presented by Nancy B Homer the Executrix therein
named for Probate, and the said Nancy B. having
given public notice pursuante to my Order which is in
file in said Court to all persons interested therein to
appear, are this day and show cause if any there have
either for or against the Probate thereof and no per-
-son appearing to object thereto, Charles Atwood and
Eleazer Porter appear and make oath, that they saw
the said Fitzhenry Homer sign and seal, and
heard him publish the instrument hereto annexed
dated the 27 day of July in the year 1853, as and,
[corresponds to labeled page 265 of Will Records Vol. 4 - 1859-1869]
265
Record of the Will of Fitzhenry Homer decd'
save so far as any part thereof shall be altered or recorded by this Cod-
-icil
It is my Will that my wife shall so far as she may find it con-
venient so to do use the income of the fund created under the
third clause of my Will for the benefit of my daughter Jo-
-sephine as Wife as for her own benefit and that of my
daughter Isabel intending to leave said income under the
entire control of my wife
And it is further my will that at the death
of my wife one half of all my property and estate then
remaining and held under my Will shall be held
and used for the benefit of my daughter Josephine wife
of Henry Bellfin Esquire of Newport R.I. for and
during her the time of her life and said Blake and
Goodman shall be the trustees for her and should they
decline or be unable to act. new trustees shall be appointed
by the Judge of Probate for the County of Suffolk from
time to time as may be required and further that at
the death of my daughter Josephine all the property then
held in trust for her under my Will be conveyed and
transferred to her children to have and to hold the same
to them, their heirs and assigns.
Signed and Sealed this twenty Second day
of May AD Eighteen hundred and fifty-six.
Fitzhenry Homer { S S }
Signed, Sealed, published, and declared by the above
named Fitzhenry Homer as and for a Codicil to his
last Will and testament in presence of us who at his
request in his presence and in the presence of each other
have hereunto subscribed our names as witnesses
Charles Atwood. Augustus A Gould. T. L. Batchelder
{S S} Commonwealth of Massachusetts, Suffolk SS.
At a Probate Court holden at Boston Within
and for the County of Suffolk on the twenty third day of
June in the year 1858.
The annexed Will and codicils being
presented by Nancy B Homer the Executrix therein
named for Probate, and the said Nancy B. having
given public notice pursuante to my Order which is in
file in said Court to all persons interested therein to
appear, are this day and show cause if any there have
either for or against the Probate thereof and no per-
-son appearing to object thereto, Charles Atwood and
Eleazer Porter appear and make oath, that they saw
the said Fitzhenry Homer sign and seal, and
heard him publish the instrument hereto annexed
dated the 27 day of July in the year 1853, as and,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 298)
Description
[page 298]
[corresponds to labeled page 266 of Will Records Vol. 4 - 1859-1869]
266
Record of the Will of Fitzhenry Homer decd'
for his last will and testament and that he was then to the
best of their dicernment of a sound disposing mind and
memory and that they with Wm Minet Jun. who is ab-
=sent subscribed their names thereto as witnesses in the
presence of said testator and of each other.
Charles Atwood appears and makes oath that he
saw the said Fitzhenry Homer sign, seal and heard
him publish the second instrument hereto annexed
dated April 29th 1836 as and for a Codicil to his
last will and testament, and that he was then in
the best of his discernment of a sound disposing mind
and memory and that he with Mr Minet Jun. and
Augustus A Gould who are absent subscribed their
names thereto as witnesses in the presence of said Tes-
=tator and of each other.
Charles Atwood and T. L. Batchelder appear
and make oath, that they saw the said Fitzhenry
Homer sign, seal, and heard him publish the third
instrument hereto annexed dated May 22 1856 as and
for a Codicil to his Last Will and testament and that
he was then to the best of their discernment of a sound
disposing mind and memory and that they with Au-
=gustus A Gould who is absent, subscribed their
names thereto as witnesses in the presence of said tes-
=tator and of each other.
And I do therefor prove approve and
allow the said instrument as the last will and tes-
=tament of said testator and order them to be re-
=corded.
Given under my hand and seal of Office
the day and year first above written
Edw G Loring
Judge of Probate.
{ S S } Commonwealth of Massachusetts
Suffolk County
The Lyscriber Register of the Court of
Probate for said County, hereby certifies and attests
that on the Eighth day of December in the year One
thousand Eight hundred and fifty six
Franklin Evans of Boston in said County
Gentleman was dully appointed Administrator do
bonis now with the Will annexed of the Estate of
Fitzhenry Homer late of said Boston, Gentleman
deceased estate and became bound according to
law for the faithful discharge of said trust, that
the annexed papers are true copies of said will and,
[corresponds to labeled page 266 of Will Records Vol. 4 - 1859-1869]
266
Record of the Will of Fitzhenry Homer decd'
for his last will and testament and that he was then to the
best of their dicernment of a sound disposing mind and
memory and that they with Wm Minet Jun. who is ab-
=sent subscribed their names thereto as witnesses in the
presence of said testator and of each other.
Charles Atwood appears and makes oath that he
saw the said Fitzhenry Homer sign, seal and heard
him publish the second instrument hereto annexed
dated April 29th 1836 as and for a Codicil to his
last will and testament, and that he was then in
the best of his discernment of a sound disposing mind
and memory and that he with Mr Minet Jun. and
Augustus A Gould who are absent subscribed their
names thereto as witnesses in the presence of said Tes-
=tator and of each other.
Charles Atwood and T. L. Batchelder appear
and make oath, that they saw the said Fitzhenry
Homer sign, seal, and heard him publish the third
instrument hereto annexed dated May 22 1856 as and
for a Codicil to his Last Will and testament and that
he was then to the best of their discernment of a sound
disposing mind and memory and that they with Au-
=gustus A Gould who is absent, subscribed their
names thereto as witnesses in the presence of said tes-
=tator and of each other.
And I do therefor prove approve and
allow the said instrument as the last will and tes-
=tament of said testator and order them to be re-
=corded.
Given under my hand and seal of Office
the day and year first above written
Edw G Loring
Judge of Probate.
{ S S } Commonwealth of Massachusetts
Suffolk County
The Lyscriber Register of the Court of
Probate for said County, hereby certifies and attests
that on the Eighth day of December in the year One
thousand Eight hundred and fifty six
Franklin Evans of Boston in said County
Gentleman was dully appointed Administrator do
bonis now with the Will annexed of the Estate of
Fitzhenry Homer late of said Boston, Gentleman
deceased estate and became bound according to
law for the faithful discharge of said trust, that
the annexed papers are true copies of said will and,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 299)
Description
[page 299]
[corresponds to labeled page 267 of Will Records Vol. 4 - 1859-1869]
267
Will of Fitzhenry Homer, deceased
and of the letter of Administration de bonis no. with the
will annexed issued thereon as will fully appear on u=
-erace to the file and records of said Court
Given under my hand and the seal of said
Court at Boston aforesaid this seventh day of March
in the year One thousand eight hundred and fifty seven
Wm C Brown } Register of the Court of
} Probate Suffolk County
Commonwealth of Massachusetts,
Suffolk County
{ Seal }
Edward G Loring Esquire, Judge
of the Court of Probate of Will and granting Ad-
=ministrations, within and for said County.
Hereby Certifies that William C Brown Esquire
is the Register of the Court of Probate for the County
of Suffolk aforesaid and that full faith and
Credit - may and ought to be given to the Certificate
and Attestation by him before subscribed and that
the same is in due form.
Given under my hand and the seal
of said Court at Boston in said County, this
[Second crossed out] Seventh day of March in the year of one
thousand Eight hundred and fifty Seven
Edw G Loring
{ Judge of the said Court
of Probate
July 19th 1866 - Recorded by me - T. W. Powell Probate Judge
[corresponds to labeled page 267 of Will Records Vol. 4 - 1859-1869]
267
Will of Fitzhenry Homer, deceased
and of the letter of Administration de bonis no. with the
will annexed issued thereon as will fully appear on u=
-erace to the file and records of said Court
Given under my hand and the seal of said
Court at Boston aforesaid this seventh day of March
in the year One thousand eight hundred and fifty seven
Wm C Brown } Register of the Court of
} Probate Suffolk County
Commonwealth of Massachusetts,
Suffolk County
{ Seal }
Edward G Loring Esquire, Judge
of the Court of Probate of Will and granting Ad-
=ministrations, within and for said County.
Hereby Certifies that William C Brown Esquire
is the Register of the Court of Probate for the County
of Suffolk aforesaid and that full faith and
Credit - may and ought to be given to the Certificate
and Attestation by him before subscribed and that
the same is in due form.
Given under my hand and the seal
of said Court at Boston in said County, this
[Second crossed out] Seventh day of March in the year of one
thousand Eight hundred and fifty Seven
Edw G Loring
{ Judge of the said Court
of Probate
July 19th 1866 - Recorded by me - T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 300)
Description
[page 300]
[corresponds to labeled page 268 of Will Records Vol. 4 - 1859-1869]
268
Record of the Will of John Curtis decd. May 31st 1866
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 31st day
of May A.D. 1866.
[word in left margin: Journal]
This day the last will and testament of John Curtis late of
Genoa Township in this county decd. was presented to the court
for probate and record. Thereupon Nathan Dustin and Henry
Hodgden, the two 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 said testator at the time the same
was so executed was of full age, and of sound mind and memory
and not under any restraint; thereupon the court whose con=
=sideration as the last will and testament of the said John Curtis
decd. and ordered to be recorded as such.
(Copy of the will and record thereof)
In the name of the Benevolent Father of All.
I John Curtis, being of sound mind and memory, and under
no restraint whatever; for these and all other blessings I humbly
trust that I am duly thankful to my heavenly Father who has
dealt so kindly with me, to preserve my life, past the scriptured
age of three score years and ten do make and publish this
my last will and testament, revoking any and all other wills
that may have been made by me at any former time.
Item 1st. It is my will and request that my Executor shall pay
all just debts and legal demands against my estate; and
to cause to be erected over my grave a good and substan=
=tial monument of Italian Marble with the following in=
=scription thereon, viz. In Memory of John Curtis son of Jere=
=miah Curtis decd. in the year of
his age; and to prepare the same to perpetuate the memory of
my beloved wife Sarah Curtis inscribed as above.
Item 2nd. It is my will and request that my beloved wife Sarah
Curtis shall have the use of all my real estate during her nat=
=ural life. And I further give and bequeath to her for her sole
use and benefit, to use and dispose of for her benefit, all the
stock, farming amd other tools, all buckets and fixtures to the sugar
camp, all the household furnature, all the provisions that may be
laid up for the family use, all grain, corn, hay and sauce that
I may own at my decease.
Item 3d. I give and bequeath to each of the following persons
the following sums of money, viz. to Rufus Carter fifty dollars;
to John Carter fifty dollars; to Jonas Carter fifty dollars, to
James Carter fifty dollars; to Samuel Carter fifty dollars; Mary
Ann Jackson the sum of fifty dollars; Laura Carter
widow of Lewis Carter the sum of fifty dollars; in all
[corresponds to labeled page 268 of Will Records Vol. 4 - 1859-1869]
268
Record of the Will of John Curtis decd. May 31st 1866
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 31st day
of May A.D. 1866.
[word in left margin: Journal]
This day the last will and testament of John Curtis late of
Genoa Township in this county decd. was presented to the court
for probate and record. Thereupon Nathan Dustin and Henry
Hodgden, the two 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 said testator at the time the same
was so executed was of full age, and of sound mind and memory
and not under any restraint; thereupon the court whose con=
=sideration as the last will and testament of the said John Curtis
decd. and ordered to be recorded as such.
(Copy of the will and record thereof)
In the name of the Benevolent Father of All.
I John Curtis, being of sound mind and memory, and under
no restraint whatever; for these and all other blessings I humbly
trust that I am duly thankful to my heavenly Father who has
dealt so kindly with me, to preserve my life, past the scriptured
age of three score years and ten do make and publish this
my last will and testament, revoking any and all other wills
that may have been made by me at any former time.
Item 1st. It is my will and request that my Executor shall pay
all just debts and legal demands against my estate; and
to cause to be erected over my grave a good and substan=
=tial monument of Italian Marble with the following in=
=scription thereon, viz. In Memory of John Curtis son of Jere=
=miah Curtis decd. in the year of
his age; and to prepare the same to perpetuate the memory of
my beloved wife Sarah Curtis inscribed as above.
Item 2nd. It is my will and request that my beloved wife Sarah
Curtis shall have the use of all my real estate during her nat=
=ural life. And I further give and bequeath to her for her sole
use and benefit, to use and dispose of for her benefit, all the
stock, farming amd other tools, all buckets and fixtures to the sugar
camp, all the household furnature, all the provisions that may be
laid up for the family use, all grain, corn, hay and sauce that
I may own at my decease.
Item 3d. I give and bequeath to each of the following persons
the following sums of money, viz. to Rufus Carter fifty dollars;
to John Carter fifty dollars; to Jonas Carter fifty dollars, to
James Carter fifty dollars; to Samuel Carter fifty dollars; Mary
Ann Jackson the sum of fifty dollars; Laura Carter
widow of Lewis Carter the sum of fifty dollars; in all
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 301)
Description
[page 301]
[corresponds to labeled page 269 of Will Records Vol. 4 - 1859-1869]
269
Record of the Will of John Curtis decd. May 31st 1866.
seven persons and fifty dollars each, making in the aggri=
=gate three hundred and fifty dollars; all children of my
old friend Jonas Carter, except the last named.
Item 4. I give and bequeath to Caroline F. Warner, wife
of Reuben F. Warner and a niece of mine, all the real estate
I may own, she to take possession of the same immedi=
=ately after the decease of my wife Sarah Curtis; this to
be hers in fee simple to use and dispose of as she shall prefer.
Item 5. As my nearest relatives are nephews and nieces
I give and bequeath to each of them (except Caroline F.
Warner who is fully provided for in Item 4) all the balance
of my property not already disposed of, to be equally
divided among them, and if any of them have died or shall die
before my estate is settled and have left a child or children
surviving his or her parent such child or children to inherit
his or her parent's share, and if more than one child to be
equally among them.
Item 6th. I nominate and appoint George W. Wells to be my
Executor of this my last will; and if he will settle the same
for one hundred dollars to be in full for his fees; but if he
declines to do it for that sum then my wife is to select a
judicious person to settle my estate.
In testimony whereof I have hereunto set my hand and seal
this 31st day of March 1866. (signed) John Curtis [seal]
Signed, sealed and acknowledged by said John Curtis as his last
Will and testament in our presence and signed by us in
presence. (signed) Nathan Dustin.
Henry Hodgden.(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 John Curtis late of Genoa Township decd.
We Nathan Dustin and Henry Hodgden being duly sworn in open court
this 31st day of May A.D. 1866. depose and say, that we were present at the ex=
=ecution of the last will and testament of John 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.
(signed) Henry Hodgden
Nathan Dustin.
Sworn to and subscribed before me in the Probate Court, this 31st day of May
A.D. 1866. T.W. Powell Probate Judge
[corresponds to labeled page 269 of Will Records Vol. 4 - 1859-1869]
269
Record of the Will of John Curtis decd. May 31st 1866.
seven persons and fifty dollars each, making in the aggri=
=gate three hundred and fifty dollars; all children of my
old friend Jonas Carter, except the last named.
Item 4. I give and bequeath to Caroline F. Warner, wife
of Reuben F. Warner and a niece of mine, all the real estate
I may own, she to take possession of the same immedi=
=ately after the decease of my wife Sarah Curtis; this to
be hers in fee simple to use and dispose of as she shall prefer.
Item 5. As my nearest relatives are nephews and nieces
I give and bequeath to each of them (except Caroline F.
Warner who is fully provided for in Item 4) all the balance
of my property not already disposed of, to be equally
divided among them, and if any of them have died or shall die
before my estate is settled and have left a child or children
surviving his or her parent such child or children to inherit
his or her parent's share, and if more than one child to be
equally among them.
Item 6th. I nominate and appoint George W. Wells to be my
Executor of this my last will; and if he will settle the same
for one hundred dollars to be in full for his fees; but if he
declines to do it for that sum then my wife is to select a
judicious person to settle my estate.
In testimony whereof I have hereunto set my hand and seal
this 31st day of March 1866. (signed) John Curtis [seal]
Signed, sealed and acknowledged by said John Curtis as his last
Will and testament in our presence and signed by us in
presence. (signed) Nathan Dustin.
Henry Hodgden.(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 John Curtis late of Genoa Township decd.
We Nathan Dustin and Henry Hodgden being duly sworn in open court
this 31st day of May A.D. 1866. depose and say, that we were present at the ex=
=ecution of the last will and testament of John 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.
(signed) Henry Hodgden
Nathan Dustin.
Sworn to and subscribed before me in the Probate Court, this 31st day of May
A.D. 1866. T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 302)
Description
[page 302]
[corresponds to labeled page 270 of Will Records Vol. 4 - 1859-1869]
270
Record of the Will of James E. Gillett decd. June 16th 1866.
Proceeding 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 16th day of June AD. 1866.
This day the last will and testament of James E Gillett late of Scioto Township
in this county deceased was presented to the court for probate and record.
Thereupon William M. Warren and James R. Clark 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 said Will was duly executed and
attested; and that the same testator at the time of executing the same was of
full age, was of sound mind and memory and not under any restraint.
There upon the Court, when upon consideration thereof, orders that the said
Will be admitted to probate as duly proved as the last Will and testament
of the said James E. Gillett decd. and ordered to be recorded as such.
(Copy and record of the will.)
In the Name of the Benevolent Father of All.
I, James E Gillett do make and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife Margaret Gillet in lieu
of her dower the house and lots on which we now reside situate in
Millville, Delaware County, Ohio, containing about one half acre of land
and also two other tracts of land, one containing two & half acres, and the other
ten acres in Survey No. 5323 in said County and State, as an indefeasible
estate in fee simple; and all the house lots goods furnature, provisions
and other goods and chattels which may be on, in, or about said premises,
which belongs to me at the time of my decease; she selling so much
thereof as may be necessary to pay my just debts.
Item 2nd. I give, grant and devise to my wife in her own right all my
notes, money or currency of every description, and debts due me on
book account or otherwise at the time of my decease, hereby au=
=thorizing her to collect the same in her own right and for her own
benefit.
Item 3d. I do hereby appoint my said wife Margaret Gillett Executrix
of this my last will and testament. I desire that no appraisement and no sale of my per=
=sonal property be made, and that no bond be required, and that the Court of Probate
direct the omission of the same.
In testimony hereof I have hereunto set my hand and seal this day of January in the year
1866. (Signed) J.E. Gillet [seal]
Attest. Wm M. Warren
J.R. Clark (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 James E. Gillett of Sciota Township deceased.
We James Clark and William M. Warren being duly sworn in open court this 16th day of June
A.D. 1866 depose and say that we were present at the execution of the last will and testament of James E. Gillett
of Scioto 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
in his presence as in the presence of each other. (signed) T.R. Clark
Sworn to & subscribed before me in the Probate Court this 16th day of June AD 1866 Wm M. Warren.
T. W. Powell Probate Judge
[corresponds to labeled page 270 of Will Records Vol. 4 - 1859-1869]
270
Record of the Will of James E. Gillett decd. June 16th 1866.
Proceeding 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 16th day of June AD. 1866.
This day the last will and testament of James E Gillett late of Scioto Township
in this county deceased was presented to the court for probate and record.
Thereupon William M. Warren and James R. Clark 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 said Will was duly executed and
attested; and that the same testator at the time of executing the same was of
full age, was of sound mind and memory and not under any restraint.
There upon the Court, when upon consideration thereof, orders that the said
Will be admitted to probate as duly proved as the last Will and testament
of the said James E. Gillett decd. and ordered to be recorded as such.
(Copy and record of the will.)
In the Name of the Benevolent Father of All.
I, James E Gillett do make and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife Margaret Gillet in lieu
of her dower the house and lots on which we now reside situate in
Millville, Delaware County, Ohio, containing about one half acre of land
and also two other tracts of land, one containing two & half acres, and the other
ten acres in Survey No. 5323 in said County and State, as an indefeasible
estate in fee simple; and all the house lots goods furnature, provisions
and other goods and chattels which may be on, in, or about said premises,
which belongs to me at the time of my decease; she selling so much
thereof as may be necessary to pay my just debts.
Item 2nd. I give, grant and devise to my wife in her own right all my
notes, money or currency of every description, and debts due me on
book account or otherwise at the time of my decease, hereby au=
=thorizing her to collect the same in her own right and for her own
benefit.
Item 3d. I do hereby appoint my said wife Margaret Gillett Executrix
of this my last will and testament. I desire that no appraisement and no sale of my per=
=sonal property be made, and that no bond be required, and that the Court of Probate
direct the omission of the same.
In testimony hereof I have hereunto set my hand and seal this day of January in the year
1866. (Signed) J.E. Gillet [seal]
Attest. Wm M. Warren
J.R. Clark (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 James E. Gillett of Sciota Township deceased.
We James Clark and William M. Warren being duly sworn in open court this 16th day of June
A.D. 1866 depose and say that we were present at the execution of the last will and testament of James E. Gillett
of Scioto 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
in his presence as in the presence of each other. (signed) T.R. Clark
Sworn to & subscribed before me in the Probate Court this 16th day of June AD 1866 Wm M. Warren.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 303)
Description
[page 303]
[corresponds to labeled page 271 of Will Records Vol. 4 - 1859-1869]
271
Record of the Will of Arzal Pierce decd. June 19th 1866.
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 19th
day of June A.D. 1866.
This day the last will and testament of Arzal Pierce late
of Berkshire Township in this county, was presented to the Court
and record. Thereupon John Perfect and Thomas Perfect, the
subscribing 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 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 consideration
thereof, orders that the said Will be admitted to Probate as duly
proved as the last will and testament of the said Arzal Pierce
decd. and ordered to be recorded as such.
(copy and record of the will)
In the name of the Benevolent Father of All.
I, Arzal Pierce of Berkshire Township, Delaware County
Ohio, do make and publish this my last will and testament.
Item 1st. I give and devise to my wife in lieu of dower
the farm on which we now reside, situate in Berkshire
township, Delaware County, Ohio; containing about one hundred
and fifty acres during her natural life; and all of the stock,
household goods, furnature, provisions and other goods and
chattels, which may be thereon at the time of my decease
during her natural life as aforesaid; she however selling
so much thereof as may be sufficient to pay my just debts.
At the death of my said wife the real estate aforesaid I give
and devise to my son Washington Pierce and his heirs, by paying to
his two sisters, Emily Pierce and Chloe Pierce five hundred
dollars each.
2nd. I devise and bequeath to my two daughters Lucinda Huff,
and Thalyan Colegrove forty acres of land, lying on the south
side of the road between the school house and Samuel Condy's
land; said bluff to have the west half and Colegrove the east
half by paying to the estate fifty dollars each
Item 3rd. I do also will fifty seven acres of land lying in
Trenton township in said county, lying between James Hoeff
and Jonah Pierce's land, Silas Pierce's widow, Sarah Pierce
and her heirs to have the north part fourteen acres and one fourth
of an acre, also fourteen acres 1/4 to my daughter Annis
Broadwell and her heirs, next to Sarah Pierce's land. Also
fourteen acres 1/4 to Sarah Aley and her heirs, joining
Annas land. Also fourteen acres and fourth of acre to Esther
Willey being the south part of said lot.
Item 4th. I do also will to my wife's daughter Ann Pierce
[corresponds to labeled page 271 of Will Records Vol. 4 - 1859-1869]
271
Record of the Will of Arzal Pierce decd. June 19th 1866.
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 19th
day of June A.D. 1866.
This day the last will and testament of Arzal Pierce late
of Berkshire Township in this county, was presented to the Court
and record. Thereupon John Perfect and Thomas Perfect, the
subscribing 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 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 consideration
thereof, orders that the said Will be admitted to Probate as duly
proved as the last will and testament of the said Arzal Pierce
decd. and ordered to be recorded as such.
(copy and record of the will)
In the name of the Benevolent Father of All.
I, Arzal Pierce of Berkshire Township, Delaware County
Ohio, do make and publish this my last will and testament.
Item 1st. I give and devise to my wife in lieu of dower
the farm on which we now reside, situate in Berkshire
township, Delaware County, Ohio; containing about one hundred
and fifty acres during her natural life; and all of the stock,
household goods, furnature, provisions and other goods and
chattels, which may be thereon at the time of my decease
during her natural life as aforesaid; she however selling
so much thereof as may be sufficient to pay my just debts.
At the death of my said wife the real estate aforesaid I give
and devise to my son Washington Pierce and his heirs, by paying to
his two sisters, Emily Pierce and Chloe Pierce five hundred
dollars each.
2nd. I devise and bequeath to my two daughters Lucinda Huff,
and Thalyan Colegrove forty acres of land, lying on the south
side of the road between the school house and Samuel Condy's
land; said bluff to have the west half and Colegrove the east
half by paying to the estate fifty dollars each
Item 3rd. I do also will fifty seven acres of land lying in
Trenton township in said county, lying between James Hoeff
and Jonah Pierce's land, Silas Pierce's widow, Sarah Pierce
and her heirs to have the north part fourteen acres and one fourth
of an acre, also fourteen acres 1/4 to my daughter Annis
Broadwell and her heirs, next to Sarah Pierce's land. Also
fourteen acres 1/4 to Sarah Aley and her heirs, joining
Annas land. Also fourteen acres and fourth of acre to Esther
Willey being the south part of said lot.
Item 4th. I do also will to my wife's daughter Ann Pierce
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 304)
Description
[page 304]
[corresponds to labeled page 272 of Will Records Vol. 4 - 1859-1869]
272
Record of the will of Arzal Pierce decd. June 19th 1866.
four hundred dollars, to be paid out of my estate when collected.
I do hereby nominate and appoint John Roberts executor
of this my last will and testament; hereby authorizing and em-
-powering him to compromise, adjust, release and discharge
in such maner as he may deem proper the debts and claims
due me.
In testimony whereof - I have hereunto set my hand and seal
this 4th day of September in the year of A.D. 1865.
(signed) Arzal Pierce
Signed and acknowledged by said Arzal Pierce as his last
will and testament in our presence and signed by us in his
presence. (signed) John Perfect
Thomas Perfect. (end of the will).
(Record and copy of the testiony.)
The State of Ohio
Delaware County, Ss In the Probate Court.
In the matter of the last will and testament of Arzal Pierce
late of Berkshire Township deceased.
John Perfect being duly sworn in
open court, this 19th day of June A.D. 1866, deposes and says
that he was present at the execution of the last will and testament
of Arzal Pierce of Berkshire Township hereto annexed, that said
testator, upon our being called into the room where he was,
at his own residence in Berkshire Township, and to us,
(this deponent and his father Thomas Perfect, the two witnesses
to the said will) that the paper hereto annexed as such, was his
will, do not recollect whether I saw him sign it or not, or
whether he said he had signed it, do not recollect, but he
said it was his will; and either he or some one asked us
to sign it as witnesses; do not recollect who it was. We then
and there in his presence signed the same as witnesses; he
saw us do it. I suppose it to be at his request. We signed
it as witnesses in his presence and in the presence of each
other. The said testator was then about seventy years of age,
had been unwell for many years, but was then as usual
about his room. He has been for many years troubled
with tape-worm; do not know whether he was then in sound
mind, capable of making a will or not; do not believe he was
as capable of making a will as he was five
or ten years previous to that time. He was very much reduced
in flesh, the poorest man I ever saw. He had been in the
habit of taking opium to relieve him of the pains of the tape
worm. When under that effects he was quite talkative;
he has good memory in telling stories. On the day of
executing the will, was not talkative. Cannot say how
good his mind and memory was on that day. It was as usual.
He usually attended to his own business, bought and sold
property. He may have been able to make his will, but I do
[corresponds to labeled page 272 of Will Records Vol. 4 - 1859-1869]
272
Record of the will of Arzal Pierce decd. June 19th 1866.
four hundred dollars, to be paid out of my estate when collected.
I do hereby nominate and appoint John Roberts executor
of this my last will and testament; hereby authorizing and em-
-powering him to compromise, adjust, release and discharge
in such maner as he may deem proper the debts and claims
due me.
In testimony whereof - I have hereunto set my hand and seal
this 4th day of September in the year of A.D. 1865.
(signed) Arzal Pierce
Signed and acknowledged by said Arzal Pierce as his last
will and testament in our presence and signed by us in his
presence. (signed) John Perfect
Thomas Perfect. (end of the will).
(Record and copy of the testiony.)
The State of Ohio
Delaware County, Ss In the Probate Court.
In the matter of the last will and testament of Arzal Pierce
late of Berkshire Township deceased.
John Perfect being duly sworn in
open court, this 19th day of June A.D. 1866, deposes and says
that he was present at the execution of the last will and testament
of Arzal Pierce of Berkshire Township hereto annexed, that said
testator, upon our being called into the room where he was,
at his own residence in Berkshire Township, and to us,
(this deponent and his father Thomas Perfect, the two witnesses
to the said will) that the paper hereto annexed as such, was his
will, do not recollect whether I saw him sign it or not, or
whether he said he had signed it, do not recollect, but he
said it was his will; and either he or some one asked us
to sign it as witnesses; do not recollect who it was. We then
and there in his presence signed the same as witnesses; he
saw us do it. I suppose it to be at his request. We signed
it as witnesses in his presence and in the presence of each
other. The said testator was then about seventy years of age,
had been unwell for many years, but was then as usual
about his room. He has been for many years troubled
with tape-worm; do not know whether he was then in sound
mind, capable of making a will or not; do not believe he was
as capable of making a will as he was five
or ten years previous to that time. He was very much reduced
in flesh, the poorest man I ever saw. He had been in the
habit of taking opium to relieve him of the pains of the tape
worm. When under that effects he was quite talkative;
he has good memory in telling stories. On the day of
executing the will, was not talkative. Cannot say how
good his mind and memory was on that day. It was as usual.
He usually attended to his own business, bought and sold
property. He may have been able to make his will, but I do
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 305)
Description
[page 305]
[corresponds to labeled page 273 of Will Records Vol. 4 - 1859-1869]
273
not think he was as capable of making a will as
he was five or ten years before that time.
On cross examination say that I do not consider
him then capable of making a will. Do not know of
his attending to his business at that time. Did not do
much or any work at that time; but cannot say but that
he did as much as men usually do at his age. For some
time before that I observed that he was getting worse
and more feeble. It is my opinion now that he was
not capable of making a will for a year or two
before that. For a year or two he did not do so much
work as he did before. Do not believe he did a quarter
as much. He did not at that time do much business. Would
myself do business with him without hesitation, if I had
any to do with him. I think I might cheat him, and
think I had had several opportunities to cheat him,
but would not. And further say not. (signed) John Perfect.
Also at the same time and place came Thomas Perfect
the other witness to said will, and being duly sworn upon his
oath say that he was present at the execution of said will;
do not recollect whether I saw him sign the will or not;
but he said that it was his will; either he or some one
asked me to witness it; cannot recollect who it was or what
was said; we witnessed it in his presence and in the presence of
each other. I sat down at the table and the testator was in
the room while we were witnessing it. He was then about
seventy four years of age. Could not say but that in
mind and memory he was capable of making his
will. And further say not. (signed) Thomas Perfect.
At the time and place came John Roberts, who
being duly sworn deposed and says that some time in September
last I was sent for by Ann Pierce a daughter or step dau=
=ghter of Arzal Pierce to go to his house to draw his will.
Accordingly went. Found him out of his house at work. He
came in, and I proceeded to write his will as he directed. No
one present in his west room of his house. The witnesses were
sent for, who came into the room before I had entirely finished
the will. Pierce, the testator, then sat down at the tablet and signed
and the two witnesses stood behind him and saw him sign it.
I then asked him if he acknowledged it as his last will and
testament; he said he did, and then the said witnesses then signed
signed it as witnesses in his presence. I have been long
acquainted with the said testator and believe him then to be
of sound mind and memory and capable of making his will.
(signed) John Roberts
All subscribed and sworn to me this 19th day of
June A.D. 1866 T. W. Powell Probate Judge
[corresponds to labeled page 273 of Will Records Vol. 4 - 1859-1869]
273
not think he was as capable of making a will as
he was five or ten years before that time.
On cross examination say that I do not consider
him then capable of making a will. Do not know of
his attending to his business at that time. Did not do
much or any work at that time; but cannot say but that
he did as much as men usually do at his age. For some
time before that I observed that he was getting worse
and more feeble. It is my opinion now that he was
not capable of making a will for a year or two
before that. For a year or two he did not do so much
work as he did before. Do not believe he did a quarter
as much. He did not at that time do much business. Would
myself do business with him without hesitation, if I had
any to do with him. I think I might cheat him, and
think I had had several opportunities to cheat him,
but would not. And further say not. (signed) John Perfect.
Also at the same time and place came Thomas Perfect
the other witness to said will, and being duly sworn upon his
oath say that he was present at the execution of said will;
do not recollect whether I saw him sign the will or not;
but he said that it was his will; either he or some one
asked me to witness it; cannot recollect who it was or what
was said; we witnessed it in his presence and in the presence of
each other. I sat down at the table and the testator was in
the room while we were witnessing it. He was then about
seventy four years of age. Could not say but that in
mind and memory he was capable of making his
will. And further say not. (signed) Thomas Perfect.
At the time and place came John Roberts, who
being duly sworn deposed and says that some time in September
last I was sent for by Ann Pierce a daughter or step dau=
=ghter of Arzal Pierce to go to his house to draw his will.
Accordingly went. Found him out of his house at work. He
came in, and I proceeded to write his will as he directed. No
one present in his west room of his house. The witnesses were
sent for, who came into the room before I had entirely finished
the will. Pierce, the testator, then sat down at the tablet and signed
and the two witnesses stood behind him and saw him sign it.
I then asked him if he acknowledged it as his last will and
testament; he said he did, and then the said witnesses then signed
signed it as witnesses in his presence. I have been long
acquainted with the said testator and believe him then to be
of sound mind and memory and capable of making his will.
(signed) John Roberts
All subscribed and sworn to me this 19th day of
June A.D. 1866 T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 306)
Description
[page 306]
[corresponds to labeled page 274 of Will Records Vol. 4 - 1859-1869]
274 Record of the will of John Nutt decd.
Proceedings had before Thomas W. Powell 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 27th day of June 1866.
Will and estate of John Nutt decd.
This day the last will and testament of John Nutt late of
Genoa decd. was presented for probate and Record and thereupon
Alfred McLord and Asa Wickham. Witnesses to said Will
came into Court and were duly sworn and examined and their
testimony was reduced to writing, and now annexed to the
will and filed therewith, and it appearing 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 under any restraint the Court thereupon
orders that said will be admitted to Probate as duly proved
as the last will and testament of said John Nutt 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 Nutt of
Genoa do make and publish this my last will and testament
First it is my will that my Just debts and charges be
paid out of my Estate.
Item I give and devise all the residue of my estate to Hanna
my wife, to be, to her and her heirs forever.
Item I appoint and make the said Hanna Executrix of
this my last will and testament.
In testimony hereof I have hereunto set my hand and seal this
20 day of June in the year 1860
John Nutt {seal}
Signed and acknowledged by John Nutt as his last will
and testament in our presence and signed by us in his
presence
Asa Wickham
Alfred McLeod. (end of the will)
(Record and copy of the testimony)
The State of Ohio )
Delaware County Ss )
In the matter of the last will and testament of John Nutt
of Genoa Township deceased. We Asa Wickham and
Alfred McLeon being duly sworn in open court this 27th
day of June A.D. 1866, depose and say that we were present
at the execution of the last will and testament of John
Nutt 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
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
[corresponds to labeled page 274 of Will Records Vol. 4 - 1859-1869]
274 Record of the will of John Nutt decd.
Proceedings had before Thomas W. Powell 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 27th day of June 1866.
Will and estate of John Nutt decd.
This day the last will and testament of John Nutt late of
Genoa decd. was presented for probate and Record and thereupon
Alfred McLord and Asa Wickham. Witnesses to said Will
came into Court and were duly sworn and examined and their
testimony was reduced to writing, and now annexed to the
will and filed therewith, and it appearing 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 under any restraint the Court thereupon
orders that said will be admitted to Probate as duly proved
as the last will and testament of said John Nutt 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 Nutt of
Genoa do make and publish this my last will and testament
First it is my will that my Just debts and charges be
paid out of my Estate.
Item I give and devise all the residue of my estate to Hanna
my wife, to be, to her and her heirs forever.
Item I appoint and make the said Hanna Executrix of
this my last will and testament.
In testimony hereof I have hereunto set my hand and seal this
20 day of June in the year 1860
John Nutt {seal}
Signed and acknowledged by John Nutt as his last will
and testament in our presence and signed by us in his
presence
Asa Wickham
Alfred McLeod. (end of the will)
(Record and copy of the testimony)
The State of Ohio )
Delaware County Ss )
In the matter of the last will and testament of John Nutt
of Genoa Township deceased. We Asa Wickham and
Alfred McLeon being duly sworn in open court this 27th
day of June A.D. 1866, depose and say that we were present
at the execution of the last will and testament of John
Nutt 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
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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 307)
Description
[page 307]
[corresponds to labeled page 275 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Nutt decd 275
his presence and in the presence of each other
Alfred mcLeod
Asa Wickham
Sworn to and subscribed before me in the Probate Court this
27th day of June A.D. 1866.
T M Powell Probate Judge
Record of the Will of Jacob Felkner decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and State of Ohio at his
office in the town of Delaware in the 30th day of June 1866.
Will and Estate of Jacob Felkner decd.
This day the last will and testament of Jacob Felkner decd
late of Scioto Township in this county decd was presented to this
Court for Probate and Record Thereupon James Dodds and James
M Snodgrass 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 testater 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 duly proved as the last will and testament of the
said Jacob Felkner, decd and ordered to be recorded as
such (no letters issued)
T W Powell Probate Judge
(Copy and Record of the Will)
I Jacob Felkner of the County of Delaware and State of Ohio
do make and publish this my last will and testament in
manner and form as follows, that is to say.
first It is my will that my former expences and all my
Just debts be fully paid
Second I give devise and bequeath to my oldest son Ben=
-jamin M Felkner the lot of land lying north of the home=
lot I now live on.
Third I give and devise to my son William M Felk=
=ner the lot of land he how lives on.
Fourth I give and devise to my son Lewis Felkner the lot
of land he now lives on.
Fifth I give and devise to my son Jacob L Felkner the
the lot of land he now lives on. Sixth I give and devise
to my son Henry B Felkner the lot of land he formerly
lived on lying west of Jacob L Felkner. lot in Union
County. Seventh I give and devise to my son Francis
M Felkner the home lot I now live on Eight I give
and devise to my son Joseph M Felkner the north lot.
[corresponds to labeled page 275 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Nutt decd 275
his presence and in the presence of each other
Alfred mcLeod
Asa Wickham
Sworn to and subscribed before me in the Probate Court this
27th day of June A.D. 1866.
T M Powell Probate Judge
Record of the Will of Jacob Felkner decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and State of Ohio at his
office in the town of Delaware in the 30th day of June 1866.
Will and Estate of Jacob Felkner decd.
This day the last will and testament of Jacob Felkner decd
late of Scioto Township in this county decd was presented to this
Court for Probate and Record Thereupon James Dodds and James
M Snodgrass 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 testater 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 duly proved as the last will and testament of the
said Jacob Felkner, decd and ordered to be recorded as
such (no letters issued)
T W Powell Probate Judge
(Copy and Record of the Will)
I Jacob Felkner of the County of Delaware and State of Ohio
do make and publish this my last will and testament in
manner and form as follows, that is to say.
first It is my will that my former expences and all my
Just debts be fully paid
Second I give devise and bequeath to my oldest son Ben=
-jamin M Felkner the lot of land lying north of the home=
lot I now live on.
Third I give and devise to my son William M Felk=
=ner the lot of land he how lives on.
Fourth I give and devise to my son Lewis Felkner the lot
of land he now lives on.
Fifth I give and devise to my son Jacob L Felkner the
the lot of land he now lives on. Sixth I give and devise
to my son Henry B Felkner the lot of land he formerly
lived on lying west of Jacob L Felkner. lot in Union
County. Seventh I give and devise to my son Francis
M Felkner the home lot I now live on Eight I give
and devise to my son Joseph M Felkner the north lot.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 308)
Description
[page 308]
[corresponds to labeled page 276 of Will Records Vol. 4 - 1859-1869]
276 Record of the Will of Jacob Felkner decd
joining Benj. Carver south line also I devise and bequeath to
my sons Benjamin M and Francis M Felkner each of them
one cow, bedstead bed and beding, also I give and devise
to my son Jospeh M Felkner one bedsted, bed and beding
and one Rifle gun. I also devise and bequeath to my son
Francis M Felkner the Family Bible the Clock, the Kitchen
Cupboard and Close Cupboard and new fanning mill.
I also devise and bequeath to my daughter Margaret M Felk
=ner one young Bay horse saddle and Bridle one bed stead and
beding her choice of a Cow, One bureau. Also one set of Blue
China ware I Also devise and bequeath to my two sons Ben=
-jamin M Felkner and Francis M Felkner each One half of
all the grains on hand and all the grain growing in the
ground. Also all property not named is to be sold. One
Hundred of the sale money I divise and bequeath to my
Daughter Margaret W Felkner. if the sale money does not
amount to one Hundred dollars the above amount is to be made
up to her by my six youngest sons Equaly parts each. if the
money should be more than one hundred dollars I divise and
bequeath to Lucy Jane Kelly twenty dollars if there should be
that amount the above named twenty dollars so appropriated
my Executor shall keep in Interest until she Lucy Jane Kelly
comes to lawful age, if she should not live to that time then
said amount appropriated to foreign Mission Preysbyterian.
if there should be any amount over the above mentioned Hun=
=dred and twenty dollars, then the ballance Equally divided among
all my Children above mentioned Lastly I hereby Constitute
and appoint my son William M Felkner to be my Executor for
this my last will and testament revoking and annulling all
former wills by me made and ratifying and Compromising this
and no other to be my last will and testament. In testimony
whereof I have hereunto set my hand and seal this thirty first
day of December one thousand Eight hundred and forty nine
Attested His
James M Snodgrass. Jacob x Felkner
mark
Signed Published and declared by the within named
Jacob Felkner as and for his last will and testament in
presence of us. who at his request have signed as witnesses
to the same
James Dodds
J M Snodgrass.
(end of the will)
The State of Ohio )
Delaware County Ss )
In the matter of the last will and testament of
Jacob Felkner late of Scioto Township deceased.
We James Dodds and James M Snodgrass being duly sworn
in open Court this 30th day of June A.D. 1866, depose
and say, that we were present at the execution of the
[corresponds to labeled page 276 of Will Records Vol. 4 - 1859-1869]
276 Record of the Will of Jacob Felkner decd
joining Benj. Carver south line also I devise and bequeath to
my sons Benjamin M and Francis M Felkner each of them
one cow, bedstead bed and beding, also I give and devise
to my son Jospeh M Felkner one bedsted, bed and beding
and one Rifle gun. I also devise and bequeath to my son
Francis M Felkner the Family Bible the Clock, the Kitchen
Cupboard and Close Cupboard and new fanning mill.
I also devise and bequeath to my daughter Margaret M Felk
=ner one young Bay horse saddle and Bridle one bed stead and
beding her choice of a Cow, One bureau. Also one set of Blue
China ware I Also devise and bequeath to my two sons Ben=
-jamin M Felkner and Francis M Felkner each One half of
all the grains on hand and all the grain growing in the
ground. Also all property not named is to be sold. One
Hundred of the sale money I divise and bequeath to my
Daughter Margaret W Felkner. if the sale money does not
amount to one Hundred dollars the above amount is to be made
up to her by my six youngest sons Equaly parts each. if the
money should be more than one hundred dollars I divise and
bequeath to Lucy Jane Kelly twenty dollars if there should be
that amount the above named twenty dollars so appropriated
my Executor shall keep in Interest until she Lucy Jane Kelly
comes to lawful age, if she should not live to that time then
said amount appropriated to foreign Mission Preysbyterian.
if there should be any amount over the above mentioned Hun=
=dred and twenty dollars, then the ballance Equally divided among
all my Children above mentioned Lastly I hereby Constitute
and appoint my son William M Felkner to be my Executor for
this my last will and testament revoking and annulling all
former wills by me made and ratifying and Compromising this
and no other to be my last will and testament. In testimony
whereof I have hereunto set my hand and seal this thirty first
day of December one thousand Eight hundred and forty nine
Attested His
James M Snodgrass. Jacob x Felkner
mark
Signed Published and declared by the within named
Jacob Felkner as and for his last will and testament in
presence of us. who at his request have signed as witnesses
to the same
James Dodds
J M Snodgrass.
(end of the will)
The State of Ohio )
Delaware County Ss )
In the matter of the last will and testament of
Jacob Felkner late of Scioto Township deceased.
We James Dodds and James M Snodgrass being duly sworn
in open Court this 30th day of June A.D. 1866, depose
and say, that we were present at the execution of the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 309)
Description
[page 309]
[corresponds to labeled page 277 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Jacob Felkner decd 277
last will and testament of Jacob Felkner of Scioto 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 which was alive on or about
the 31st day of December A.D. 1849.
James Dodds
James M. Snodgrass
Sworn to and subscribed before me in the Probate Court this
30 day of June A.D. 1866.
T W Powell. Probate Judge.
Will and Estate of Eve M Yeager, decd
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in town of Delaware on the 27th day of July 1866.
Will and Estate of Eve M Yeager decd
This day the last will and testament of Eve M Yeager late
of Delaware in this County decd. was presented for Probate and Record
in this Court. Thereupon James Eaton one of the subscribing witnesses
to the said will appeared in Court and was duly sworn and
examined and his testimony reduced to writing and annexed to
the will and with the same filed and it appearing that the
other two witnesses to said will were absent out of the County
that Martin Blair one of said witnesses was a resident of Delaware
County in the State of Indiana, and motion a Commission was issued
to the Clerk of the District Court at Muncie in the said
county of Delaware in the said State of Indiana, to take the
testimony and Deposition of the said Martin Blair as the
third witness to the said will has gone to parts unknown
further consideration of this matter is continued to await
the return of the said Commission etc
T W Powell pro Judge.
(copy and Record of the Will)
Will
I Eve M Yeager of Delaware, Delaware County State
of Ohio, being of sound & deposing mind memory and
understanding do make publish and declare this to be my
last will and testament hereby revoking and making
null and void all former last will & testament by me
heretofore made.
My will is first that my funeral charges and just
debts shall be paid by my Executor hereinafter named
The residue of my Estate and property which Shall not
[corresponds to labeled page 277 of Will Records Vol. 4 - 1859-1869]
Record of the Will of Jacob Felkner decd 277
last will and testament of Jacob Felkner of Scioto 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 which was alive on or about
the 31st day of December A.D. 1849.
James Dodds
James M. Snodgrass
Sworn to and subscribed before me in the Probate Court this
30 day of June A.D. 1866.
T W Powell. Probate Judge.
Will and Estate of Eve M Yeager, decd
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in town of Delaware on the 27th day of July 1866.
Will and Estate of Eve M Yeager decd
This day the last will and testament of Eve M Yeager late
of Delaware in this County decd. was presented for Probate and Record
in this Court. Thereupon James Eaton one of the subscribing witnesses
to the said will appeared in Court and was duly sworn and
examined and his testimony reduced to writing and annexed to
the will and with the same filed and it appearing that the
other two witnesses to said will were absent out of the County
that Martin Blair one of said witnesses was a resident of Delaware
County in the State of Indiana, and motion a Commission was issued
to the Clerk of the District Court at Muncie in the said
county of Delaware in the said State of Indiana, to take the
testimony and Deposition of the said Martin Blair as the
third witness to the said will has gone to parts unknown
further consideration of this matter is continued to await
the return of the said Commission etc
T W Powell pro Judge.
(copy and Record of the Will)
Will
I Eve M Yeager of Delaware, Delaware County State
of Ohio, being of sound & deposing mind memory and
understanding do make publish and declare this to be my
last will and testament hereby revoking and making
null and void all former last will & testament by me
heretofore made.
My will is first that my funeral charges and just
debts shall be paid by my Executor hereinafter named
The residue of my Estate and property which Shall not
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 310)
Description
[page 310]
[corresponds to labeled page 278 of Will Records Vol. 4 - 1859-1869]
278
Will and Estate of Eve M Yeager decd
be required for the payment of my Just debts, funeral charges
and the expense attending the execution of this my will and
administration of my Estate. I give, devise and dispose
thereof as follows Vix.
1st. I give and bequeath to my son John D Yeager
the sum of three Hundred dollars or one equal half of what
may be remaining after my death of two notes of hand
givin by Lewis Smith dated March 7 1865, for three hundred
dollars each.
2. I give & bequeath to my daughter Sevelia Smith wife of
Lewis Smith the sum of three hundred dollars or one equal
half of the two above mentioned notes that may be remain=
=ing after my death.
3. I give and bequeath to my Daughter J. Frederica
Shindollor the sum of Ninety nine dollars.
4th I also give and bequeath to my said son John D.
Yeager one bed bed stead and bedding he to have his
choice of all my beds, bedsteads and bedding also my
Beaurau & Clock
5th the remaining part of all my household property is to
equally divided between my said son John D Yeager
and My Daughter Sivilia Smith wife of Lewis Smith
aforesaid
And I do nominate and appoint George P Breyfogle of
Delaware Ohio my sole Executor of this my last Will and
testament. In testimony whereof I the said Eve M
Yeager have hereunto subscribed my name and affixed my seal
this seventh day of March A.D. 1865.
Eve M Yeager {seal}
Signed sealed & declared by the said Eve M Yeager 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
James Eaton
Martin Blair
Joel E Schlegel
(End of the Will)
(Record and Copy of the testimony)
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Eve M Yeager
Late of Delaware Ohio deceased
I James Eaton being duly sworn in open Court this 7th
day of July 6 A D 1866. depose and say that we, this deponent, Martin
Blair and Joel E Schlegel were present at the execution of
the last will and testament of Eve M Yeager of Delaware Ohio
hereto annexed, that we saw the said testator subscribe said
will and hear her publish and declare the same to be her
last will and testament and that the said testator at the
[corresponds to labeled page 278 of Will Records Vol. 4 - 1859-1869]
278
Will and Estate of Eve M Yeager decd
be required for the payment of my Just debts, funeral charges
and the expense attending the execution of this my will and
administration of my Estate. I give, devise and dispose
thereof as follows Vix.
1st. I give and bequeath to my son John D Yeager
the sum of three Hundred dollars or one equal half of what
may be remaining after my death of two notes of hand
givin by Lewis Smith dated March 7 1865, for three hundred
dollars each.
2. I give & bequeath to my daughter Sevelia Smith wife of
Lewis Smith the sum of three hundred dollars or one equal
half of the two above mentioned notes that may be remain=
=ing after my death.
3. I give and bequeath to my Daughter J. Frederica
Shindollor the sum of Ninety nine dollars.
4th I also give and bequeath to my said son John D.
Yeager one bed bed stead and bedding he to have his
choice of all my beds, bedsteads and bedding also my
Beaurau & Clock
5th the remaining part of all my household property is to
equally divided between my said son John D Yeager
and My Daughter Sivilia Smith wife of Lewis Smith
aforesaid
And I do nominate and appoint George P Breyfogle of
Delaware Ohio my sole Executor of this my last Will and
testament. In testimony whereof I the said Eve M
Yeager have hereunto subscribed my name and affixed my seal
this seventh day of March A.D. 1865.
Eve M Yeager {seal}
Signed sealed & declared by the said Eve M Yeager 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
James Eaton
Martin Blair
Joel E Schlegel
(End of the Will)
(Record and Copy of the testimony)
The State of Ohio Delaware County Ss.
In the matter of the last will and testament of Eve M Yeager
Late of Delaware Ohio deceased
I James Eaton being duly sworn in open Court this 7th
day of July 6 A D 1866. depose and say that we, this deponent, Martin
Blair and Joel E Schlegel were present at the execution of
the last will and testament of Eve M Yeager of Delaware Ohio
hereto annexed, that we saw the said testator subscribe said
will and hear her publish and declare the same to be her
last will and testament and that the said testator at the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 311)
Description
[page 311]
[corresponds to labeled page 279 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Eve M Yeager decd. 279
the time of Executing the same 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
James Eaton
Sworn to and subscribed before me in the Probate Court this
7th day of July A.D. 1866.
T W Powell Pro Judge.
The State of Ohio Delaware County Ss.
In the Probate Court.
To the Clerk of the Circuit Court at Muncie
in Delaware County Indiana. Placing special confidence
in your integrity and ability the said court of probate in and
for the said County of Delaware and state of Ohio do hereby
appoint authorize and commission you to take the testi=
=mony of Martin Blair one of the subscribing witnesses to the
last Will and testament of Eve M. yeager late of Delaware, Ohio
hereto annexed, as to the execution and attestation of the said
Will, and for that purpose you are authorized to call the
said Martin Blair before you and administer, to him the
proper oath or affirmation and reduse his testimony to writing
and return the same to this Court enclosed under your seal
and for so doing this shall be your ample Commission
{seal} In testimony thereof I have Thomas W Powell
Judge of the said Probate Court have hereunto set
my hand and affixed the seal of the said
Court at Delaware Ohio this 7th day of July A.D. 1866.
T W Powell Probate Judge.
Return to the within Commission
I George W Spilker clerk of the Circuit Court at Muncie in
the County of Delaware and State of Indiana do hereby return
and certify that in persuance of the within Commission I
caused Martin Blair to come before me and being by me
duly sworn and examined as to the execution and attestation
of the said will of Eve M Yeager and reduced the same to
writing and certified and annexed to the said will, and
hereto attached will by me sealed up and enclosed to the
Probate Court of Delaware County and State of Ohio
{seal} Witness my hand this 25 day of July
AD 1866.
{U S stamp} Geo W Spilker Clk.
{ 5 lets }
the State of Ohio )
Delaware County Ss ) in the matter of the last will and
Testament of Eve M Yeager late of Delaware Ohio deceased
I Martin Blair being duly sworn before Geo W Spilker Clerk
of the Circuit Court at Muncie Delaware Co Indiana this 25th
day of July A.D. 1866, depose and say that we this deponent
[corresponds to labeled page 279 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Eve M Yeager decd. 279
the time of Executing the same 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
James Eaton
Sworn to and subscribed before me in the Probate Court this
7th day of July A.D. 1866.
T W Powell Pro Judge.
The State of Ohio Delaware County Ss.
In the Probate Court.
To the Clerk of the Circuit Court at Muncie
in Delaware County Indiana. Placing special confidence
in your integrity and ability the said court of probate in and
for the said County of Delaware and state of Ohio do hereby
appoint authorize and commission you to take the testi=
=mony of Martin Blair one of the subscribing witnesses to the
last Will and testament of Eve M. yeager late of Delaware, Ohio
hereto annexed, as to the execution and attestation of the said
Will, and for that purpose you are authorized to call the
said Martin Blair before you and administer, to him the
proper oath or affirmation and reduse his testimony to writing
and return the same to this Court enclosed under your seal
and for so doing this shall be your ample Commission
{seal} In testimony thereof I have Thomas W Powell
Judge of the said Probate Court have hereunto set
my hand and affixed the seal of the said
Court at Delaware Ohio this 7th day of July A.D. 1866.
T W Powell Probate Judge.
Return to the within Commission
I George W Spilker clerk of the Circuit Court at Muncie in
the County of Delaware and State of Indiana do hereby return
and certify that in persuance of the within Commission I
caused Martin Blair to come before me and being by me
duly sworn and examined as to the execution and attestation
of the said will of Eve M Yeager and reduced the same to
writing and certified and annexed to the said will, and
hereto attached will by me sealed up and enclosed to the
Probate Court of Delaware County and State of Ohio
{seal} Witness my hand this 25 day of July
AD 1866.
{U S stamp} Geo W Spilker Clk.
{ 5 lets }
the State of Ohio )
Delaware County Ss ) in the matter of the last will and
Testament of Eve M Yeager late of Delaware Ohio deceased
I Martin Blair being duly sworn before Geo W Spilker Clerk
of the Circuit Court at Muncie Delaware Co Indiana this 25th
day of July A.D. 1866, depose and say that we this deponent
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 312)
Description
[page 312]
[corresponds to labeled page 280 of Will Records Vol. 4 - 1859-1869]
280 Will and Estate of Eve M Yeager decd
James Eaton and Joel E Schlegel were present at the execution
of the last Will and testament of Eve M Yeager of Delaware
Ohio 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 testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at her request and in her
presence and in the presence of each other, and that the
same was done at Delaware, Ohio on or about the seventh day
of March 1855, the date thereof when and where this deponot
was a witness thereto
Martin Blair
Sworn to and subscribed before me the Commissioner in the Com-
-mission named this 23th day of July A.D. 1866. Witness
my hand and the seal of the Circuit Court.
Geo W Spilner
the Commissioner
{seal} {US Stamp}
{ 5 lets }
and afterwards to wit in the 27 day of July 1866. the fol-
-owing order was made in the Journal of the Court to wit.
Will and Estate of Eve M. Yeager decd.
This day the Commission heretofore issued to the Clerk of the
Circuit Court at Muncie in the county of Delaware in the
State of Indiana to take the deposition of Martin Blair One
of the subscribing witnesses to the said Will was duly
returned with the testimony of the said Blair 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
testatrix 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 orders that
the said will be admitted to probate as duly proved as the
last will and testament of the said Eve M Yeager decd
and ordered to be recorded as such (no letters issued)
T W Powell Probate Judge
____________________________________________________________________
Will and Estate of James Shea decd
Proceedings had before Thomas W Powell Judge of the
Probate Court within and for the County of Delaware. State of
Ohio at his Office in the Town of Delaware on
Will and Estate of James Shea decd
This day the last Will and testament of James Shea late of
Delaware in the County decd was presented for probate and
Record thereupon Patrick Doyle and John Shea this of
the subscribing witnesses thereto came into Court and were
duly sworn and examined and this testimony reduced to
writing. filed with the said will and annexed thereto and
[corresponds to labeled page 280 of Will Records Vol. 4 - 1859-1869]
280 Will and Estate of Eve M Yeager decd
James Eaton and Joel E Schlegel were present at the execution
of the last Will and testament of Eve M Yeager of Delaware
Ohio 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 testator at the
time of executing the same was of full age and of sound mind
and memory and not under any restraint and that we
signed the same as witnesses at her request and in her
presence and in the presence of each other, and that the
same was done at Delaware, Ohio on or about the seventh day
of March 1855, the date thereof when and where this deponot
was a witness thereto
Martin Blair
Sworn to and subscribed before me the Commissioner in the Com-
-mission named this 23th day of July A.D. 1866. Witness
my hand and the seal of the Circuit Court.
Geo W Spilner
the Commissioner
{seal} {US Stamp}
{ 5 lets }
and afterwards to wit in the 27 day of July 1866. the fol-
-owing order was made in the Journal of the Court to wit.
Will and Estate of Eve M. Yeager decd.
This day the Commission heretofore issued to the Clerk of the
Circuit Court at Muncie in the county of Delaware in the
State of Indiana to take the deposition of Martin Blair One
of the subscribing witnesses to the said Will was duly
returned with the testimony of the said Blair 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
testatrix 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 orders that
the said will be admitted to probate as duly proved as the
last will and testament of the said Eve M Yeager decd
and ordered to be recorded as such (no letters issued)
T W Powell Probate Judge
____________________________________________________________________
Will and Estate of James Shea decd
Proceedings had before Thomas W Powell Judge of the
Probate Court within and for the County of Delaware. State of
Ohio at his Office in the Town of Delaware on
Will and Estate of James Shea decd
This day the last Will and testament of James Shea late of
Delaware in the County decd was presented for probate and
Record thereupon Patrick Doyle and John Shea this of
the subscribing witnesses thereto came into Court and were
duly sworn and examined and this testimony reduced to
writing. filed with the said will and annexed thereto and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 313)
Description
[page 313]
[corresponds to labeled page 281 of Will Records Vol. 4 - 1859-1869]
Will and Estate of James Shea decd 281
it appearing to the Court 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 duly proved as the last will and testament of
the said James Shea decd. and ordered to be recorded as such
Thereupon Rev Henry Fehlings executor named in the
will appeared and accepted the said trust and gave bonds
in the sum of $1300 with Martin Miller and John Shea
in sureties letters testamentory were then duly issued to him
as such Executor.
TW Powell. Probate Judge
(Copy and Record of the Will).
In the name of the Benevolent Father of all I hereby on
this day the 10th of July A.D. 1866. Made my last will with
perfect and full consideration as follows.
1 I appoint Rev Henry Fehlings as Executor of this my
last will.
2 I have in my posession a Check in the Franklin Na-
-tion Bank of Columbus O. of seven hundred dollars ($700)
and I have in cash money one hundred and eighty dollars
($180.) I authorize H Fehlings to draw the mentioned $700.
out of the Bank at any time he please I have also handed
over to the same H Fehlings the $180.
3 H Fehlings shall take care that my corps will be buried in
the Catholic Grave Yard of Columbus O. and that all other
expences connected with the burial shall be regulated by him
according his own judgement. I allow him the sum of about
$100. for my funeral expences. I allow him also fifty dollars
for my tomb stone and twenty dollars that Masses may be
offered up for the repose of my soul.
4 Henry Fehlings shall also take care that the Bill of my
Physician and that of N. John Shea will be paid.
5 I bequeath to my Brother Martin Shea living at present
in Cincinnati the sum of three hundred dollars $300.
b) to my Aunt Mary Doyl living at present in Columbus
the sum of fifty dollars $50.
c) to the Cath. Orphans in the Asylum of Cummingsville near
Cincinnati the sum of fifteen Dollars $15.
d) To Rev H Fehlings for St. Marys Congregation of Delaware
the sum of Twenty Dollars $20.
e) all the money what may be left after all the mentioned
sums have been paid and after all the other expences have been
deducted. to my mother Catherine Shea (Doyl) living at present
in Ireland.
Viz) If my mother should be dead then the ballance of the
money shall be given to my Brother Martin. Delaware July
[corresponds to labeled page 281 of Will Records Vol. 4 - 1859-1869]
Will and Estate of James Shea decd 281
it appearing to the Court 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 duly proved as the last will and testament of
the said James Shea decd. and ordered to be recorded as such
Thereupon Rev Henry Fehlings executor named in the
will appeared and accepted the said trust and gave bonds
in the sum of $1300 with Martin Miller and John Shea
in sureties letters testamentory were then duly issued to him
as such Executor.
TW Powell. Probate Judge
(Copy and Record of the Will).
In the name of the Benevolent Father of all I hereby on
this day the 10th of July A.D. 1866. Made my last will with
perfect and full consideration as follows.
1 I appoint Rev Henry Fehlings as Executor of this my
last will.
2 I have in my posession a Check in the Franklin Na-
-tion Bank of Columbus O. of seven hundred dollars ($700)
and I have in cash money one hundred and eighty dollars
($180.) I authorize H Fehlings to draw the mentioned $700.
out of the Bank at any time he please I have also handed
over to the same H Fehlings the $180.
3 H Fehlings shall take care that my corps will be buried in
the Catholic Grave Yard of Columbus O. and that all other
expences connected with the burial shall be regulated by him
according his own judgement. I allow him the sum of about
$100. for my funeral expences. I allow him also fifty dollars
for my tomb stone and twenty dollars that Masses may be
offered up for the repose of my soul.
4 Henry Fehlings shall also take care that the Bill of my
Physician and that of N. John Shea will be paid.
5 I bequeath to my Brother Martin Shea living at present
in Cincinnati the sum of three hundred dollars $300.
b) to my Aunt Mary Doyl living at present in Columbus
the sum of fifty dollars $50.
c) to the Cath. Orphans in the Asylum of Cummingsville near
Cincinnati the sum of fifteen Dollars $15.
d) To Rev H Fehlings for St. Marys Congregation of Delaware
the sum of Twenty Dollars $20.
e) all the money what may be left after all the mentioned
sums have been paid and after all the other expences have been
deducted. to my mother Catherine Shea (Doyl) living at present
in Ireland.
Viz) If my mother should be dead then the ballance of the
money shall be given to my Brother Martin. Delaware July
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 314)
Description
[page 314]
[corresponds to labeled page 282 of Will Records Vol. 4 - 1859-1869]
282 Will and Estate of James Shea decd
10th 1866.
James Shea
witnesses
Patrick Doyle
John Shea. (End of the Will)
(Record and Copy of the Testimony)
The State of Ohio }
Delaware County Ss} In the matter of the last will and testament
of James Shea late of Delaware in this the County. deceased.
We Patrick Doyle and John Shea being duly sworn in
open Court this 18th day of July 1866 depose and say that
we were present at the execution of the last will and testament
of James Shea 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 said testator at the time of executing the same 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
Patrick Doyle
John Shea
Sworn to and subscribed before me in the Probate Court this
18th day of July.
TW Powell Probate Judge.
________________________________________________________
Will and Estate of Sylvester Orcutt decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and state of Ohio
at his office in the town of Delaware in the 4th day of Aug 1866.
Will and Estate of Sylvester Orcutt decd
This day the last will and testament of Sylvester Orcutt decd
late of Berkshire Township in this County decd was presented
for Probate, and Record Thereupon Samuel Whitney and William
Totten 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 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 Sylvester Orcutt decd and
ordered to be recorded as such (no letters issued)
TW Powell Probate Judge
(Copy and Record of the Will)
I Sylvester Orcutt of Berkshire Township Delaware
County Ohio do make publish and declare this my last will
[corresponds to labeled page 282 of Will Records Vol. 4 - 1859-1869]
282 Will and Estate of James Shea decd
10th 1866.
James Shea
witnesses
Patrick Doyle
John Shea. (End of the Will)
(Record and Copy of the Testimony)
The State of Ohio }
Delaware County Ss} In the matter of the last will and testament
of James Shea late of Delaware in this the County. deceased.
We Patrick Doyle and John Shea being duly sworn in
open Court this 18th day of July 1866 depose and say that
we were present at the execution of the last will and testament
of James Shea 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 said testator at the time of executing the same 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
Patrick Doyle
John Shea
Sworn to and subscribed before me in the Probate Court this
18th day of July.
TW Powell Probate Judge.
________________________________________________________
Will and Estate of Sylvester Orcutt decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court within and for the County of Delaware and state of Ohio
at his office in the town of Delaware in the 4th day of Aug 1866.
Will and Estate of Sylvester Orcutt decd
This day the last will and testament of Sylvester Orcutt decd
late of Berkshire Township in this County decd was presented
for Probate, and Record Thereupon Samuel Whitney and William
Totten 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 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 Sylvester Orcutt decd and
ordered to be recorded as such (no letters issued)
TW Powell Probate Judge
(Copy and Record of the Will)
I Sylvester Orcutt of Berkshire Township Delaware
County Ohio do make publish and declare this my last will
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 315)
Description
[page 315]
[corresponds to labeled page 283 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Sylvester Orcutt Decd. 283
revoking any and all other wills by me made at any former
time. Item 1st I give and bequeath unto my son Munroe
Orcutt all of my Personal property of every description also
Also the undivided three fourths of the farm on which I now
reside being one hundred and sixty /160/ acres and is in
Range 17 township 4 Section 2 and parts of lots 7 & 8 second
two of lots and is the same land deeded by Bergman Beaver
and wife to Me. These bequests are upon these conditions 1st
my said son Monroe is to cause all just debts against me
to be fully paid. 2 he is to pay the following legacies Viz
To my Daughter Narcissa Lampman Two hundred
dollars. One hundred dollars to be paid at the expiration
of first year after my decease and the ballance one
hundred dollars five years after my decease.
3d He is to pay to my Daughter Samantha Jenkins one
hundred and fifty /150/ dollars the same terms of payment
as Narcissa Lampmans
4th He is to pay to my Grandson Charles Landon fifty
dollars the same terms of payment as Narcissa Lamp-
-man. 5th he is to divide the house hold goods that
belongs to me equally with my daughter Emily. Lastly
to erect a plain suitable Tomb stone over my grave.
Item 2 I give and bequeath unto my daughter Emily
Orcutt the ballance of my Real estate being the undivided
one fourth of the same as before described she having
the Privilege of the dwelling house a suitable and fair portion
of the same for a home as she remains single if she mar-
-rys then to have her undivided one fourth part of the
real estate.
She is to have the undivided one half of the household goods
for her use and benefit forever.
item 3d I do nominate and appoint my son Munroe
Orcutt Administrator of this my last will and testament
In testamony whereof I have hereunto set my hand
and seal this 10th day of December 1862.
Sylvester orcutt {seal}
Signed Sealed and acknowled by said Sylvester Orcutt
as his last will in our presence and we witnessed the
same at his request in his presence.
Samuel Whitney
William Totten
The State of Ohio } (Copy and Record of the testimony)
Delaware County Ss}
In the matter of the last will and testament of Sylvester
Orcutt late Berkshire Township deceased.
We Samuel Whitney and William Totten being duly
sworn in open Court this 4th day of August AD 1866.
depose and say that we were present at the execution of the
[corresponds to labeled page 283 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Sylvester Orcutt Decd. 283
revoking any and all other wills by me made at any former
time. Item 1st I give and bequeath unto my son Munroe
Orcutt all of my Personal property of every description also
Also the undivided three fourths of the farm on which I now
reside being one hundred and sixty /160/ acres and is in
Range 17 township 4 Section 2 and parts of lots 7 & 8 second
two of lots and is the same land deeded by Bergman Beaver
and wife to Me. These bequests are upon these conditions 1st
my said son Monroe is to cause all just debts against me
to be fully paid. 2 he is to pay the following legacies Viz
To my Daughter Narcissa Lampman Two hundred
dollars. One hundred dollars to be paid at the expiration
of first year after my decease and the ballance one
hundred dollars five years after my decease.
3d He is to pay to my Daughter Samantha Jenkins one
hundred and fifty /150/ dollars the same terms of payment
as Narcissa Lampmans
4th He is to pay to my Grandson Charles Landon fifty
dollars the same terms of payment as Narcissa Lamp-
-man. 5th he is to divide the house hold goods that
belongs to me equally with my daughter Emily. Lastly
to erect a plain suitable Tomb stone over my grave.
Item 2 I give and bequeath unto my daughter Emily
Orcutt the ballance of my Real estate being the undivided
one fourth of the same as before described she having
the Privilege of the dwelling house a suitable and fair portion
of the same for a home as she remains single if she mar-
-rys then to have her undivided one fourth part of the
real estate.
She is to have the undivided one half of the household goods
for her use and benefit forever.
item 3d I do nominate and appoint my son Munroe
Orcutt Administrator of this my last will and testament
In testamony whereof I have hereunto set my hand
and seal this 10th day of December 1862.
Sylvester orcutt {seal}
Signed Sealed and acknowled by said Sylvester Orcutt
as his last will in our presence and we witnessed the
same at his request in his presence.
Samuel Whitney
William Totten
The State of Ohio } (Copy and Record of the testimony)
Delaware County Ss}
In the matter of the last will and testament of Sylvester
Orcutt late Berkshire Township deceased.
We Samuel Whitney and William Totten being duly
sworn in open Court this 4th day of August AD 1866.
depose and say that we were present at the execution of the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 316)
Description
[page 316]
[corresponds to labeled page 284 of Will Records Vol. 4 - 1859-1869]
284 Will and Estate of Sylvester Orcutt decd
last will and testament of Sylvester Orcutt of Berkshire hereto
annexed that we saw the said testator subscribed said will
and heard him publish and declare the same to be his last
will and testament and that the said testator at the time of
executing the same was of full age and of sound mind and
memory and not under any restraint and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other
Samuel Whitney
William Totten.
Sworn to and subscribed before me in the Probate court this
4th day of August AD. 1866.
TW Powell Probate Judge.
_________________________________________________________________________
Will and Estate of Mrs. Emma Ridgway decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court Within and for the County of Delaware and state of
Ohio at the Office in the town of Delaware on the 7th day of
August 1866.
This day Thomas J Ridgway presented to the Court the
last Will and testament of Mrs. Emma Ridgway his late Wife
decd. for Probate and Record. Thereupon Alexander Dunlap
and David S Hammond 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 testatrix 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 Emma
Ridgway decd. and Ordered to be recorded as such
Thereupon letters testamentary Were granted to Thomas
J Ridgway the Executor named in the Will Who gave
bonds in the sum of $2000. with Pictin D Hillger and William
E Dunn his surities no appraisiment or Inventory at present
Required
TW Powell Probate Judge.
(copy and Record of the Will)
I Emma Ridgway Wife of Thomas J Ridgway of the
Town of Delaware in the County of Delaware in the State
of Ohio. do make and publish this My last Will and
Testament in manner and form following that is to
say First it is My Will that My funeral
expenses and all My just debts be fully paid
Second After paying said funeral expenses and
[corresponds to labeled page 284 of Will Records Vol. 4 - 1859-1869]
284 Will and Estate of Sylvester Orcutt decd
last will and testament of Sylvester Orcutt of Berkshire hereto
annexed that we saw the said testator subscribed said will
and heard him publish and declare the same to be his last
will and testament and that the said testator at the time of
executing the same was of full age and of sound mind and
memory and not under any restraint and that we signed
the same as witnesses at his request and in his presence and
in the presence of each other
Samuel Whitney
William Totten.
Sworn to and subscribed before me in the Probate court this
4th day of August AD. 1866.
TW Powell Probate Judge.
_________________________________________________________________________
Will and Estate of Mrs. Emma Ridgway decd.
Proceedings had before Thomas W Powell Judge of the Probate
Court Within and for the County of Delaware and state of
Ohio at the Office in the town of Delaware on the 7th day of
August 1866.
This day Thomas J Ridgway presented to the Court the
last Will and testament of Mrs. Emma Ridgway his late Wife
decd. for Probate and Record. Thereupon Alexander Dunlap
and David S Hammond 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 testatrix 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 Emma
Ridgway decd. and Ordered to be recorded as such
Thereupon letters testamentary Were granted to Thomas
J Ridgway the Executor named in the Will Who gave
bonds in the sum of $2000. with Pictin D Hillger and William
E Dunn his surities no appraisiment or Inventory at present
Required
TW Powell Probate Judge.
(copy and Record of the Will)
I Emma Ridgway Wife of Thomas J Ridgway of the
Town of Delaware in the County of Delaware in the State
of Ohio. do make and publish this My last Will and
Testament in manner and form following that is to
say First it is My Will that My funeral
expenses and all My just debts be fully paid
Second After paying said funeral expenses and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 317)
Description
[page 317]
[corresponds to labeled page 285 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Mrs Emma Ridgway decd 285
and just debts as aforesaid I give devise and bequeath
to my beloved husband Thomas J Ridgway all my
lands. tenaments. heriditments. rents. goods. chattels.
rights. credits. choices in possession or in action and all
My property. Estate. and effects. real and personal of any
every sort and description Whether in possession remainder
or [illegible] Whereon situated
Third I hereby nominate and appoint My said be-
-loved husband Thomas J Ridway to be the Executor
of this My last Will and testament
In testimony Whereof I have hereunto set
My hand and seal this 8th day of August AD. 1866
Emma Ridgway {seal}
Signed sealed published and declared by the above
named Emma Ridway as and for her last Will and
testament in presence of us who saw her subscribe her
name to the same and Who at her request have signed
as Witnesses to the same in her presence and in the
presence of each other this 8th day of August in the
Year of our Lord One thousand eight hundred and sixty
five
Alex Dunlap
David S Hammond
(end of the Will)
The State of Ohio } (Record and Copy of the testimony)
Delaware County Ss}
In the Matter of the last Will and testament of
Emma Ridgway deceased late of Delaware Ohio
deceased. We Alexander Dunlap and David S
Hammond being duly Sworn in open Court this 7th day
of August A.D. 1866 depose and say. that We Were present
at the execution of the last Will and testament of Emma.
Ridgway of Delaware 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 at the
time of executing the same 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
Alex Dunlap
David S Hammond
Sworn to and subscribed before me in the probate Court this
7th day of August AD. 1866.
TW Powell Probate Judge
[corresponds to labeled page 285 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Mrs Emma Ridgway decd 285
and just debts as aforesaid I give devise and bequeath
to my beloved husband Thomas J Ridgway all my
lands. tenaments. heriditments. rents. goods. chattels.
rights. credits. choices in possession or in action and all
My property. Estate. and effects. real and personal of any
every sort and description Whether in possession remainder
or [illegible] Whereon situated
Third I hereby nominate and appoint My said be-
-loved husband Thomas J Ridway to be the Executor
of this My last Will and testament
In testimony Whereof I have hereunto set
My hand and seal this 8th day of August AD. 1866
Emma Ridgway {seal}
Signed sealed published and declared by the above
named Emma Ridway as and for her last Will and
testament in presence of us who saw her subscribe her
name to the same and Who at her request have signed
as Witnesses to the same in her presence and in the
presence of each other this 8th day of August in the
Year of our Lord One thousand eight hundred and sixty
five
Alex Dunlap
David S Hammond
(end of the Will)
The State of Ohio } (Record and Copy of the testimony)
Delaware County Ss}
In the Matter of the last Will and testament of
Emma Ridgway deceased late of Delaware Ohio
deceased. We Alexander Dunlap and David S
Hammond being duly Sworn in open Court this 7th day
of August A.D. 1866 depose and say. that We Were present
at the execution of the last Will and testament of Emma.
Ridgway of Delaware 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 at the
time of executing the same 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
Alex Dunlap
David S Hammond
Sworn to and subscribed before me in the probate Court this
7th day of August AD. 1866.
TW Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 318)
Description
[page 318]
[corresponds to labeled page 286 of Will Records Vol. 4 - 1859-1869]
286 Will and estate of Mrs Margaret Elliott decd.
Proceedings had before Thomas W Powell 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 8th day of September 1866.
This day the last Will and testament of Margarate
Elliott late of Orange Township in this County decd. Was
presented to the Court for Probate and Record Thererupon Lucius
F Strong and William G Knight 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 Testatrix
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 Margaret Elliott decd and ordered
to be recorded as such
Thereupon letters testamentary Were granted and is-
-sued to Daniel Kelley the Executor named in the Will Who
entered into bonds in the sum of $1500. With Lucius F Strong
and William G Knight his surities and the Court appointed
L.C. Strong A.M. Shaw and Franklin Kenyon appraisers
of the said estate
TW Powell. Pro Judge.
(Copy and Record of the Will)
I the name of the Benevolent Father I Margaret
Elliott do make and publish this My last Will & testament
I give and bequeath to My son Alex L Elliott the
Desk One large Rocking Chair. the Red Bed Stand.
to Margaret M Smith My Daughter, the Couch and to my
daughter Emily Jane and Eurline Elliott as follows the Cot=
-tage Bed Stand. three feather Beds With Pillows and Beding
to furnish two of said beds. the Carpets in the Front Rooms
and Looking Glasses in said Rooms. Eight Cain seat
Chairs twelve silver Tea spoons the Center table. One Wash
Stand and all the [Gus ?] I have and to my son Eli E Elliott
I give the Bureau the sofa the loung & one yearling Calf
the balance of the househould goods and of Stock to be
equally divided between the above named. after paying all
legal claims With My funeral expenses Grave Stones etc
It is also My Wish & I do hereby appoint D Kelley
as My Executor.
Margaret Elliott
Made in the presence of
L F Strong
W G Knight
(End of the Will)
(Copy and Record of the testimony)
[corresponds to labeled page 286 of Will Records Vol. 4 - 1859-1869]
286 Will and estate of Mrs Margaret Elliott decd.
Proceedings had before Thomas W Powell 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 8th day of September 1866.
This day the last Will and testament of Margarate
Elliott late of Orange Township in this County decd. Was
presented to the Court for Probate and Record Thererupon Lucius
F Strong and William G Knight 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 Testatrix
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 Margaret Elliott decd and ordered
to be recorded as such
Thereupon letters testamentary Were granted and is-
-sued to Daniel Kelley the Executor named in the Will Who
entered into bonds in the sum of $1500. With Lucius F Strong
and William G Knight his surities and the Court appointed
L.C. Strong A.M. Shaw and Franklin Kenyon appraisers
of the said estate
TW Powell. Pro Judge.
(Copy and Record of the Will)
I the name of the Benevolent Father I Margaret
Elliott do make and publish this My last Will & testament
I give and bequeath to My son Alex L Elliott the
Desk One large Rocking Chair. the Red Bed Stand.
to Margaret M Smith My Daughter, the Couch and to my
daughter Emily Jane and Eurline Elliott as follows the Cot=
-tage Bed Stand. three feather Beds With Pillows and Beding
to furnish two of said beds. the Carpets in the Front Rooms
and Looking Glasses in said Rooms. Eight Cain seat
Chairs twelve silver Tea spoons the Center table. One Wash
Stand and all the [Gus ?] I have and to my son Eli E Elliott
I give the Bureau the sofa the loung & one yearling Calf
the balance of the househould goods and of Stock to be
equally divided between the above named. after paying all
legal claims With My funeral expenses Grave Stones etc
It is also My Wish & I do hereby appoint D Kelley
as My Executor.
Margaret Elliott
Made in the presence of
L F Strong
W G Knight
(End of the Will)
(Copy and Record of the testimony)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 319)
Description
[page 319]
[corresponds to labeled page 287 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Margaret Elliott decd. 287
The State of Ohio }
Delaware County Ss }
In the Matter of the last Will and testament of Margaret
Elliott late of Orange Township in this County deceased.
We Lucius F Strong and William G Knight being
duly sworn in open Court this 8th day of September A.D.
1866 depose and say that We Were present at the execution
of the last Will and testament of Margaret Elliott of
Orange Township hereto annexed. that we saw the said
testatrix subscribe said Will. Which Was done by her dau-
ghter Mariah at the testatrix request in her presence. 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.
L F Strong
W G Knight
Sworn to and Subscribed before me in the Probate Court
this 8th day of September A.D. 1866.
TW Powell. Probate-Judge
__________________________________________________________________
Record of the will of David Wollam 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 thirteenth day of September A.D. 1866.
This day the last will and testament of David Wollam
late of Concord Township in this County decd was presented
to the Court for probate and record. Thereupon L.T.
Glick and Joseph Stone 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 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 consideration thereof, the Court orders the said
Will to be admitted to probate as the last will and testament of
the said Daniel Wollam decd. and ordered to be recorded as such.
(Record of the will)
In the name of the Benevolent Father of all.
First. It is my will that my just debts and all charges be
paid out of my estate.
Item. I give and devise all the residue of my estate
to Dierlinda C. Wollam my wife and her heirs. In testimony
hereof I have hereunto set my hand and seal, this 29th day of Aug. A.D. 1866.
[corresponds to labeled page 287 of Will Records Vol. 4 - 1859-1869]
Will and Estate of Margaret Elliott decd. 287
The State of Ohio }
Delaware County Ss }
In the Matter of the last Will and testament of Margaret
Elliott late of Orange Township in this County deceased.
We Lucius F Strong and William G Knight being
duly sworn in open Court this 8th day of September A.D.
1866 depose and say that We Were present at the execution
of the last Will and testament of Margaret Elliott of
Orange Township hereto annexed. that we saw the said
testatrix subscribe said Will. Which Was done by her dau-
ghter Mariah at the testatrix request in her presence. 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.
L F Strong
W G Knight
Sworn to and Subscribed before me in the Probate Court
this 8th day of September A.D. 1866.
TW Powell. Probate-Judge
__________________________________________________________________
Record of the will of David Wollam 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 thirteenth day of September A.D. 1866.
This day the last will and testament of David Wollam
late of Concord Township in this County decd was presented
to the Court for probate and record. Thereupon L.T.
Glick and Joseph Stone 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 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 consideration thereof, the Court orders the said
Will to be admitted to probate as the last will and testament of
the said Daniel Wollam decd. and ordered to be recorded as such.
(Record of the will)
In the name of the Benevolent Father of all.
First. It is my will that my just debts and all charges be
paid out of my estate.
Item. I give and devise all the residue of my estate
to Dierlinda C. Wollam my wife and her heirs. In testimony
hereof I have hereunto set my hand and seal, this 29th day of Aug. A.D. 1866.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 320)
Description
[page 320]
[corresponds to labeled page 288 of Will Records Vol. 4 - 1859-1869]
288
Record of the will of Daniel Wollum decd. Sept. 13th 1866.
(The will of Daniel Wollam decd.) Continued)
(signed) Daniel Wollam.
signed by L.T. Glick and acknowledged by said }
Daniel Wollam as his last will and testament }
in our presence and signed by us in his presence.}
(Signed) L. T. Glick
Joseph Stone. } (end of the will.)
(Record of the evidence)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Daniel Wollam decd.
late of Concord Township deceased.
We Lyman T. Glick and Joseph Stone being duly sworn
in open Court this 13th day of September AD. 1866 depose and
say that we were present at the execution of the last will
and testament of Daniel Wollam of concord Township
in this County 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. (signed) L.T. Glick
Joseph Stone.
Sworn to and subscribed before me in the Probate Court this 13th
day of September AD. 1866. TW Powell Probate Judge.
_________________________________________________________________
Record of the will of John Watters 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 September A.D. 1866. to wit:-
This day the last will and testament of John Watters late of
Brown Township in this County decd. together with the Codicil
thereto written on the same sheet of paper, was presented to the
court for probate and record. Thereupon William Williams
and William W. Williams the two subscribing witnesses to the said
will and codicil, 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 that the said
will and codicil were duly executed and attested; and that the said tes-
-tator 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, orders that the said will and
codicil be admitted to probate as duly proved as the last will
and testament of the said John Watters decd. and ordered to
be recorded as such.
(Record of the will continued over)
[corresponds to labeled page 288 of Will Records Vol. 4 - 1859-1869]
288
Record of the will of Daniel Wollum decd. Sept. 13th 1866.
(The will of Daniel Wollam decd.) Continued)
(signed) Daniel Wollam.
signed by L.T. Glick and acknowledged by said }
Daniel Wollam as his last will and testament }
in our presence and signed by us in his presence.}
(Signed) L. T. Glick
Joseph Stone. } (end of the will.)
(Record of the evidence)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Daniel Wollam decd.
late of Concord Township deceased.
We Lyman T. Glick and Joseph Stone being duly sworn
in open Court this 13th day of September AD. 1866 depose and
say that we were present at the execution of the last will
and testament of Daniel Wollam of concord Township
in this County 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. (signed) L.T. Glick
Joseph Stone.
Sworn to and subscribed before me in the Probate Court this 13th
day of September AD. 1866. TW Powell Probate Judge.
_________________________________________________________________
Record of the will of John Watters 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 September A.D. 1866. to wit:-
This day the last will and testament of John Watters late of
Brown Township in this County decd. together with the Codicil
thereto written on the same sheet of paper, was presented to the
court for probate and record. Thereupon William Williams
and William W. Williams the two subscribing witnesses to the said
will and codicil, 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 that the said
will and codicil were duly executed and attested; and that the said tes-
-tator 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, orders that the said will and
codicil be admitted to probate as duly proved as the last will
and testament of the said John Watters decd. and ordered to
be recorded as such.
(Record of the will continued over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 321)
Description
[page 321]
[corresponds to labeled page 289 of Will Records Vol. 4 - 1859-1869]
289.
Record of the will of John Watters decd. September 15th 1866
In the name of the Benevolent Father of all.
I John Watters of the County of Delaware and State of Ohio
do make and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife one third of
all the real estate I now own; it being lot eleven in section
one, Township five, Range eighteen in the said county and
State being the farm on which I now reside, containing one
hundred acres of land in all. during her natural life.
I also bequeath to my said wife as long as she may rem-
-ain my widow or in case she does not marry again then
during her natural life, all the stock, provisions, house lots
and kitchen furniture and other goods and chattels, which
may belong to me at the time of my decease; except that
which is otherwise disposed in item record in this will.
At the death or intermarriage of my said wife, such
part of the personal property or the proceeds thereof as may
then remain unconsummed or unexpended, it is my will, shall
be equally divided among my heirs.
Item 2nd. I devise and bequeath to my son Hugh K. Watters and
his heirs, the above described farm on which I now reside,
subject to the above mentioned dower of my said wife I
also give and bequeath to my said son Hugh K. Watters
all my farming utensils, and after my said wife shall
first take her choice of the houses, then said Hugh K. Watters
shall have one house if any remain for him at
my decease. I have given to my daughters Mary Ann
Walker, Hannah McDowell, Sarah Elliott and Jane
McCurdy each the sum of Two hundred & fifty dollars
and now I devise and bequeath to my infant daughters
Phebe Watters age fifteen years the sum of two hundred
and fifty dollars with interest from this date until she
becomes of age. I also devise and bequeath to my infant
daughter Naomi, aged seven years the sum of two hundred
and fifty dollars with interest from this date until she
becomes of age.
Item 3rd. I hereby commit the guardianship of my said infant
daughters until they respectively become of age unto my beloved
wife during her life, if she shall so long continue my widow;
in case of her death or intermarriage, then unto my son
Hugh K. Watters.
In testimony whereof I have hereunto set my hand & seal this 31st
day of May 1855. (signed) John Watters {seal}
Signed & acknowledged by said
John Watters as his last will and testament
in our presence and signed by us in his presence.
(Signed) Wm Williams } (End of the Will)
Wm W. Williams}
[corresponds to labeled page 289 of Will Records Vol. 4 - 1859-1869]
289.
Record of the will of John Watters decd. September 15th 1866
In the name of the Benevolent Father of all.
I John Watters of the County of Delaware and State of Ohio
do make and publish this my last will and testament.
Item 1st. I give and devise to my beloved wife one third of
all the real estate I now own; it being lot eleven in section
one, Township five, Range eighteen in the said county and
State being the farm on which I now reside, containing one
hundred acres of land in all. during her natural life.
I also bequeath to my said wife as long as she may rem-
-ain my widow or in case she does not marry again then
during her natural life, all the stock, provisions, house lots
and kitchen furniture and other goods and chattels, which
may belong to me at the time of my decease; except that
which is otherwise disposed in item record in this will.
At the death or intermarriage of my said wife, such
part of the personal property or the proceeds thereof as may
then remain unconsummed or unexpended, it is my will, shall
be equally divided among my heirs.
Item 2nd. I devise and bequeath to my son Hugh K. Watters and
his heirs, the above described farm on which I now reside,
subject to the above mentioned dower of my said wife I
also give and bequeath to my said son Hugh K. Watters
all my farming utensils, and after my said wife shall
first take her choice of the houses, then said Hugh K. Watters
shall have one house if any remain for him at
my decease. I have given to my daughters Mary Ann
Walker, Hannah McDowell, Sarah Elliott and Jane
McCurdy each the sum of Two hundred & fifty dollars
and now I devise and bequeath to my infant daughters
Phebe Watters age fifteen years the sum of two hundred
and fifty dollars with interest from this date until she
becomes of age. I also devise and bequeath to my infant
daughter Naomi, aged seven years the sum of two hundred
and fifty dollars with interest from this date until she
becomes of age.
Item 3rd. I hereby commit the guardianship of my said infant
daughters until they respectively become of age unto my beloved
wife during her life, if she shall so long continue my widow;
in case of her death or intermarriage, then unto my son
Hugh K. Watters.
In testimony whereof I have hereunto set my hand & seal this 31st
day of May 1855. (signed) John Watters {seal}
Signed & acknowledged by said
John Watters as his last will and testament
in our presence and signed by us in his presence.
(Signed) Wm Williams } (End of the Will)
Wm W. Williams}
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 322)
Description
[page 322]
[corresponds to labeled page 290 of Will Records Vol. 4 - 1859-1869]
290
Record of the will of John Watters decd. September 15th 1866.
(Copy and Record of the will and codicil continued.)
Whereas I, John Watters of the County of Delaware and
State of Ohio, have made my last will and testament in writing
on this sheet bearing date May 31st 1855, I did then bequeath
to my daugher Naomi Watters then age seven years, the
sum of two hundred and fifty dollars with interest from
the date of the said will until she became of age.
Since the date of said will (to wit,) December 7th 1860, I
purchased in company with my daughter Phebe Watters, now
of age about twenty four acres of land in Oxford township for
which we paid the sum of four hundred and ninety, my daughter
Phebe paying two hundred and forty five dollars, and I paid for my
daughter Naomi the sum of two hundred and forty five dollars,
and had the deed for the same made by C.D, Williams to my
said Daughters equally. I do by this writing which I hereby
declare to be a codicil to my last will and testament will be
taken as a part thereof.
I do hereby order and declare that my will is that only the sum
of ninety five dollars with interest from and after the first day
of April 1861 be paid into my said daughter Naomi as the
balance in full of said legacy. In testimony hereof- I have
hereunto set my hand and seal this 12th day of December 1860.
(Signed) John Watters {seal}
Signed & acknowledged by said John Watters as his last will }
and testament in our presence and signed by us in his presence }
(Signed) Wm Williams }
Wm W. Williams } (End of the will.)
(Copy and record of the testimony to wit.)
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of John Watters late of Brown
Township deceased.
We William Williams and William W. Williams being duly sworn
in open court this 15th day of September A.D. 1866, depose and say
that we were present at the execution of the last will and testament
of John Watters of Brown 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 we say the same as to the codicil
thereto attached on the same sheet of paper.
(signed) Wm Williams
Wm W. Williams
Sworn to and subscribed before me in the Probate Court this 15 day
of September A.D. 1866. TW Powell Probate Judge
[corresponds to labeled page 290 of Will Records Vol. 4 - 1859-1869]
290
Record of the will of John Watters decd. September 15th 1866.
(Copy and Record of the will and codicil continued.)
Whereas I, John Watters of the County of Delaware and
State of Ohio, have made my last will and testament in writing
on this sheet bearing date May 31st 1855, I did then bequeath
to my daugher Naomi Watters then age seven years, the
sum of two hundred and fifty dollars with interest from
the date of the said will until she became of age.
Since the date of said will (to wit,) December 7th 1860, I
purchased in company with my daughter Phebe Watters, now
of age about twenty four acres of land in Oxford township for
which we paid the sum of four hundred and ninety, my daughter
Phebe paying two hundred and forty five dollars, and I paid for my
daughter Naomi the sum of two hundred and forty five dollars,
and had the deed for the same made by C.D, Williams to my
said Daughters equally. I do by this writing which I hereby
declare to be a codicil to my last will and testament will be
taken as a part thereof.
I do hereby order and declare that my will is that only the sum
of ninety five dollars with interest from and after the first day
of April 1861 be paid into my said daughter Naomi as the
balance in full of said legacy. In testimony hereof- I have
hereunto set my hand and seal this 12th day of December 1860.
(Signed) John Watters {seal}
Signed & acknowledged by said John Watters as his last will }
and testament in our presence and signed by us in his presence }
(Signed) Wm Williams }
Wm W. Williams } (End of the will.)
(Copy and record of the testimony to wit.)
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of John Watters late of Brown
Township deceased.
We William Williams and William W. Williams being duly sworn
in open court this 15th day of September A.D. 1866, depose and say
that we were present at the execution of the last will and testament
of John Watters of Brown 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 we say the same as to the codicil
thereto attached on the same sheet of paper.
(signed) Wm Williams
Wm W. Williams
Sworn to and subscribed before me in the Probate Court this 15 day
of September A.D. 1866. TW Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 323)
Description
[page 323]
[corresponds to labeled page 291 of Will Records Vol. 4 - 1859-1869]
291
Record of - the Will of - William Owston decd. September 17th 1866.
Proceeding 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 17th day of September
A.D. 1866.
this day the last will and testament of William Owston late of
Delaware decd. was presented to the court of probate and record. There-
-upon John Vogt and Owen Heller the two subscribing 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
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 the said will
be admitted to probate as duly proved as the last will and testa-
-ment of the said William Owston decd. and ordered to be recorded as
such. which will is so recorded as follows, to wit.--
In the name of God, Amen. I, William Owston of the town and
county of Delaware and State of Ohio; being weak in body. but of sound
and disposing mind and memory, do make and publish this my last will and
testament: - hereby revoking and annulling all other and former wills
by me made.
First, I will and direct that all my just debts and funeral
expenses be first paid out of my estate.
Item Second. I give and devise unto my beloved wife Eliza Owston
the sum of One thousand dollars to be paid her by my executor, which
sum of One thousand dollars is to be in lieu of her dower in my
real estate as well as in lieu of her distributive share in the
personal estate.
Item Third- I give and devise all the rest and residue of my
estate both real and personal unto my children Thomas Owston, Henry
Owston, William Owston and Charles Owston, and unto the children of
Martha Kruick, share and share alike, to be equally divided be-
-tween them except that the children of the said Martha Kruick
shall receive together the same share that I give and devise
unto each of my said sons, to wit, the interest of one fifth in
the said residue of my said estate; and as to said portion
devised to said children of said Martha Kruick I direct that
the same share shall be retained by my said executor
in trust, and to be by my said executor safely invested at
interest; and the interest thereof paid to the said Martha
Kruick during her natural life; and at her death
the principal to be paid to her said children.
I will and direct that all my estate both real and per-
-sonal shall be by my executor as soon as convenient
after my death sold and converted into money, and the
proceeds thereof after paying my just debts and funeral
expenses as aforesaid, and the thousand dollars given
[corresponds to labeled page 291 of Will Records Vol. 4 - 1859-1869]
291
Record of - the Will of - William Owston decd. September 17th 1866.
Proceeding 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 17th day of September
A.D. 1866.
this day the last will and testament of William Owston late of
Delaware decd. was presented to the court of probate and record. There-
-upon John Vogt and Owen Heller the two subscribing 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
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 the said will
be admitted to probate as duly proved as the last will and testa-
-ment of the said William Owston decd. and ordered to be recorded as
such. which will is so recorded as follows, to wit.--
In the name of God, Amen. I, William Owston of the town and
county of Delaware and State of Ohio; being weak in body. but of sound
and disposing mind and memory, do make and publish this my last will and
testament: - hereby revoking and annulling all other and former wills
by me made.
First, I will and direct that all my just debts and funeral
expenses be first paid out of my estate.
Item Second. I give and devise unto my beloved wife Eliza Owston
the sum of One thousand dollars to be paid her by my executor, which
sum of One thousand dollars is to be in lieu of her dower in my
real estate as well as in lieu of her distributive share in the
personal estate.
Item Third- I give and devise all the rest and residue of my
estate both real and personal unto my children Thomas Owston, Henry
Owston, William Owston and Charles Owston, and unto the children of
Martha Kruick, share and share alike, to be equally divided be-
-tween them except that the children of the said Martha Kruick
shall receive together the same share that I give and devise
unto each of my said sons, to wit, the interest of one fifth in
the said residue of my said estate; and as to said portion
devised to said children of said Martha Kruick I direct that
the same share shall be retained by my said executor
in trust, and to be by my said executor safely invested at
interest; and the interest thereof paid to the said Martha
Kruick during her natural life; and at her death
the principal to be paid to her said children.
I will and direct that all my estate both real and per-
-sonal shall be by my executor as soon as convenient
after my death sold and converted into money, and the
proceeds thereof after paying my just debts and funeral
expenses as aforesaid, and the thousand dollars given
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 324)
Description
[page 324]
[corresponds to labeled page 292 of Will Records Vol. 4 - 1859-1869]
292
Record of the will of William Owston decd. September 17th 1866.
to my said wife, to be paid and distributed by my said
Executor as provided for in the third Item of this my will.
Item Fifth. I do hereby constitute and appoint my son
Thomas Owston to be the executor of this my last
will and testament. Given under my hand and
seal this 12th day of March A.D. 1866.
(Signed) Wm Owston {seal}
Signed, sealed and declared & published by the said }
Thomas Owston to be his last will & testament, and published }
and signed by him in our presence & at his request }
we signed the same in his presence and in the }
presence of each other. (Signed) John Vogt. }
Owen Keller (End of the Will.)
(Record of testimony)
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of William owston
late of Delaware, Ohio, deceased.
We John Vogt and Owen Keller being duly sworn in open
Court this 17th day of September A.D. 1866 depose and say, that
we were at the execution of the last will and testament of William
Owston 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 witnesses
at his request and in his presence and in the presence of each
other. (signed) John Vogt
Owen Keller.
Sworn to and subscribed before me in the Probate Court this
17th day of September A.D. 1866. T.W. Powell Pro. judge.
_____________________________________________________________________________
Record of the will of Laura P. Harter decd. Oct. 13th 1866
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 13th day of
October A.D. 1866.
On the first day of September last, the last will and testament
of Laura P. Harter late of Liberty Township, decd. was presented
to this court for probate and record. And thereupon Philaster
E. Buell and Mahala Buell the two 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 said will and filed therewith; and thereupon
this matter was continued for further consideration until
this day; and it now appearing to the court that the said
will was duly executed and attested; and that the said
[corresponds to labeled page 292 of Will Records Vol. 4 - 1859-1869]
292
Record of the will of William Owston decd. September 17th 1866.
to my said wife, to be paid and distributed by my said
Executor as provided for in the third Item of this my will.
Item Fifth. I do hereby constitute and appoint my son
Thomas Owston to be the executor of this my last
will and testament. Given under my hand and
seal this 12th day of March A.D. 1866.
(Signed) Wm Owston {seal}
Signed, sealed and declared & published by the said }
Thomas Owston to be his last will & testament, and published }
and signed by him in our presence & at his request }
we signed the same in his presence and in the }
presence of each other. (Signed) John Vogt. }
Owen Keller (End of the Will.)
(Record of testimony)
The State of Ohio, Delaware County. Ss.
In the matter of the last will and testament of William owston
late of Delaware, Ohio, deceased.
We John Vogt and Owen Keller being duly sworn in open
Court this 17th day of September A.D. 1866 depose and say, that
we were at the execution of the last will and testament of William
Owston 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 witnesses
at his request and in his presence and in the presence of each
other. (signed) John Vogt
Owen Keller.
Sworn to and subscribed before me in the Probate Court this
17th day of September A.D. 1866. T.W. Powell Pro. judge.
_____________________________________________________________________________
Record of the will of Laura P. Harter decd. Oct. 13th 1866
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 13th day of
October A.D. 1866.
On the first day of September last, the last will and testament
of Laura P. Harter late of Liberty Township, decd. was presented
to this court for probate and record. And thereupon Philaster
E. Buell and Mahala Buell the two 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 said will and filed therewith; and thereupon
this matter was continued for further consideration until
this day; and it now appearing to the court that the said
will was duly executed and attested; and that the said
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 325)
Description
[page 325]
[corresponds to labeled page 293 of Will Records Vol. 4 - 1859-1869]
293
Record of the Will of Laura P. Harter decd. October 13th 1866.
testatrix 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 Laura P. Harter decd. and ordered to be re-
-corded as such.
(Record and Copy of the will to wit.)
I, Laura P. Harter 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 niece Delia
A. Knapp, the sum of forty dollars.
Third. I give and devise to my niece Mary L. Wilcox
the sum of forty dollars.
Fourth. I give and devise the remainder of my property
of every description to Mary Ford, Edwin Andrews, William
Andrews, Lavinia Cook and Byron Andrews to be equally
divided. (Signed) Laura P. Harter {seal}
Signed, sealed and delivered in the presence of us. }
who have subscribed in the presence of each other }
(Signed) P.E. Buell
This the 24th day of May 1862. Mahala Buell. (Exes of the will).
(copy and record of the testimony to wit.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Laura P. Harter
late of Liberty Township decd.
We Philaster E. Buell and Mahala Buell being duly sworn
in open Court this 1st day of September A.D. 1866 depose
and say that we were present at the execution of the last
will and testament of Laura P. Harter of Liberty Township
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.
(Signed) Philaster E. Buell
Mahala Buell.
Sworn to and subscribed before me in the Probate Court
this 1st day of September A.D. 1866. TW. Powell Probate judge.
[corresponds to labeled page 293 of Will Records Vol. 4 - 1859-1869]
293
Record of the Will of Laura P. Harter decd. October 13th 1866.
testatrix 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 Laura P. Harter decd. and ordered to be re-
-corded as such.
(Record and Copy of the will to wit.)
I, Laura P. Harter 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 niece Delia
A. Knapp, the sum of forty dollars.
Third. I give and devise to my niece Mary L. Wilcox
the sum of forty dollars.
Fourth. I give and devise the remainder of my property
of every description to Mary Ford, Edwin Andrews, William
Andrews, Lavinia Cook and Byron Andrews to be equally
divided. (Signed) Laura P. Harter {seal}
Signed, sealed and delivered in the presence of us. }
who have subscribed in the presence of each other }
(Signed) P.E. Buell
This the 24th day of May 1862. Mahala Buell. (Exes of the will).
(copy and record of the testimony to wit.)
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Laura P. Harter
late of Liberty Township decd.
We Philaster E. Buell and Mahala Buell being duly sworn
in open Court this 1st day of September A.D. 1866 depose
and say that we were present at the execution of the last
will and testament of Laura P. Harter of Liberty Township
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.
(Signed) Philaster E. Buell
Mahala Buell.
Sworn to and subscribed before me in the Probate Court
this 1st day of September A.D. 1866. TW. Powell Probate judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 326)
Description
[page 326]
[corresponds to labeled page 294 of Will Records Vol. 4 - 1859-1869]
294
Record of the will of James D. Jewett. October 25th 1866.
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 October A.D. 1866.
This day the last will and testament of James D. Jewett
late of Thompson Township decd. was presented to the
court for probate and record. Thereupon John W. Cone
and Charles Hill the two subscribing witnesses to the said
will came into Court and were duly sworn and examined
and their testimony reduced to writing, and were 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 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
James D. Jewett 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, James D. Jewett of Thompson Township Delaware County
and State of Ohio, do make and publish this my last will and
testament.
Item First. I give and devise to my beloved wife Salone
in lieu of her dower all my moneys, credits, household
goods furniture etc. I desire that no appraisement and no
sale of my 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 & seal this
24th day of June in the year 1866.
(signed) James D. Jewett {seal}
Signed and acknowledged by said James D. Jewett as his last}
will & testament in our presence and signed by us }
in his presence. (signed) J.W. Cone }
Charles Hill } (End of this will.)
(Copy & record of the testimony) The State of Ohio, Delaware County Ss.
In the matter of the last will & testament of James D. Jewett late of Thompson Township decd.
We John W. Cone and Charles Hill being duly sworn in open court this
25 day of October A.D. 1866, depose and say that we were present at the
execution of the last will and testament of James D. Jewett of Thompson 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) J.D. Cone }
Sworn to and subscribed before me in the Probate Court} Charles Hill }
this 28th day of October A.D. 1866. T.W. Powell Probate Judge
[corresponds to labeled page 294 of Will Records Vol. 4 - 1859-1869]
294
Record of the will of James D. Jewett. October 25th 1866.
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 October A.D. 1866.
This day the last will and testament of James D. Jewett
late of Thompson Township decd. was presented to the
court for probate and record. Thereupon John W. Cone
and Charles Hill the two subscribing witnesses to the said
will came into Court and were duly sworn and examined
and their testimony reduced to writing, and were 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 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
James D. Jewett 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, James D. Jewett of Thompson Township Delaware County
and State of Ohio, do make and publish this my last will and
testament.
Item First. I give and devise to my beloved wife Salone
in lieu of her dower all my moneys, credits, household
goods furniture etc. I desire that no appraisement and no
sale of my 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 & seal this
24th day of June in the year 1866.
(signed) James D. Jewett {seal}
Signed and acknowledged by said James D. Jewett as his last}
will & testament in our presence and signed by us }
in his presence. (signed) J.W. Cone }
Charles Hill } (End of this will.)
(Copy & record of the testimony) The State of Ohio, Delaware County Ss.
In the matter of the last will & testament of James D. Jewett late of Thompson Township decd.
We John W. Cone and Charles Hill being duly sworn in open court this
25 day of October A.D. 1866, depose and say that we were present at the
execution of the last will and testament of James D. Jewett of Thompson 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) J.D. Cone }
Sworn to and subscribed before me in the Probate Court} Charles Hill }
this 28th day of October A.D. 1866. T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 327)
Description
[page 327]
[corresponds to labeled page 295 of Will Records Vol. 4 - 1859-1869]
295
Record of the Will of Oliver Curtiss. October 26th 1866.
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 26th day of October A.D. 1866.
This day the last will and testament of Oliver Curtiss
late of Genoa Township decd. was presented to the Court
for probate and record. Thereupon Henry Hodgden and
Alphonso P. Mason the two subscribing witnesses to the 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
testator at the will was duly executed and attested and that 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. 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 Oliver Curtiss decd and ordered to be recorded as such.
(Copy the record of the will, to wit--)
In the name of the Benevolent Father of All.
I, Oliver Curtiss am of sound mind, memory and in my
usual health do make and publish this my last will and
testament.
Item 1st. It is my will that all my personal property be
devised to my beloved wife Jane B. Curtiss legal demands
against my estate be by my administrator fully paid.
Item 2nd. It is my will that all my personal property be
devised to my beloved wife Jane B. Curtiss of every descrip-
-tion, the same to be hers for her sole use and benefit. to
dispose of as she shall judge proper at either public or
private sale.
Item 3rd. I hereby authorize and empower my administrator
to sell my real estate on the most advantageous turns either
at public or private sale and cause the avails to be loaned
on the most favorable terms and to be well secured by a
mortgage on real estate which is in value double the
amount of money loaned (not estimating perishable property)
the interest to be paid as often as every twelve months; and the
interest as soon as collected to be paid over by my administrator
to my said wife for her sole use and benefit.
Item 4th After the decease of my said wife the principal
of the real estate notes to be divided among my legal heirs
according to the statutes of Ohio.
Item 5th. I hereby authorize and empower my said
wife to select an administrator of my estate who is
required to give bonds according to the statutes of Ohio, and
who is authorized and empowered to execute and deliver
a full and clear deed to the purchaser of the real
[corresponds to labeled page 295 of Will Records Vol. 4 - 1859-1869]
295
Record of the Will of Oliver Curtiss. October 26th 1866.
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 26th day of October A.D. 1866.
This day the last will and testament of Oliver Curtiss
late of Genoa Township decd. was presented to the Court
for probate and record. Thereupon Henry Hodgden and
Alphonso P. Mason the two subscribing witnesses to the 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
testator at the will was duly executed and attested and that 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. 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 Oliver Curtiss decd and ordered to be recorded as such.
(Copy the record of the will, to wit--)
In the name of the Benevolent Father of All.
I, Oliver Curtiss am of sound mind, memory and in my
usual health do make and publish this my last will and
testament.
Item 1st. It is my will that all my personal property be
devised to my beloved wife Jane B. Curtiss legal demands
against my estate be by my administrator fully paid.
Item 2nd. It is my will that all my personal property be
devised to my beloved wife Jane B. Curtiss of every descrip-
-tion, the same to be hers for her sole use and benefit. to
dispose of as she shall judge proper at either public or
private sale.
Item 3rd. I hereby authorize and empower my administrator
to sell my real estate on the most advantageous turns either
at public or private sale and cause the avails to be loaned
on the most favorable terms and to be well secured by a
mortgage on real estate which is in value double the
amount of money loaned (not estimating perishable property)
the interest to be paid as often as every twelve months; and the
interest as soon as collected to be paid over by my administrator
to my said wife for her sole use and benefit.
Item 4th After the decease of my said wife the principal
of the real estate notes to be divided among my legal heirs
according to the statutes of Ohio.
Item 5th. I hereby authorize and empower my said
wife to select an administrator of my estate who is
required to give bonds according to the statutes of Ohio, and
who is authorized and empowered to execute and deliver
a full and clear deed to the purchaser of the real
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 328)
Description
[page 328]
[corresponds to labeled page 296 of Will Records Vol. 4 - 1859-1869]
296
Record of the will of Oliver Curtiss decd October 26th 1866
estate; he to be allowed and retain seventy five dollars
for his fees. 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 May 1866.
(signed) Oliver Curtiss {seal}
Signed, sealed and acknowledged by said Oliver Curtiss }
as his last will and testament in our presence and }
signed by us in his presence. (signed) Henry Hodgden }
A.P. Mason } 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 Oliver Curtiss late
of Genoa Township deceased.
We Henry Hodgden and Alphonso P. Mason being duly sworn
in open court this 26th day of October A.D. 1866 depose and say
that we were present at the execution of the last will and testament
of Oliver Curtiss of Genoa 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) Henry Hodgden }
A. P. Mason }
Sworn to and subscribed before me in the Probate Court this
26th day of October A.D. 1866. T.W. Powell Probate Judge.
___________________________________________________________
Record of the Will of Christopher Freshwater decd. November 13th
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 13th day of
November A.D. 1866.
On the 12th day of November A.D. 1866, the last will and testament
and the codicil thereto of Christopher Freshwater late of Con-
-cord Township in this County deceased, was presented to the court
for probate and records; and thereupon Nelson R. Talley and
Elias Hyatt two subscribing witnesses to the said will and one
of the subscribing witnesses to the said codicil, came into Court and
were duly sworn and examined, and their testimony reduced
to writing and annexed to the said will and codicil and filed there-
-with. And it appearing to the court that Samuel Tyler one
of the subscribing witnesses to the said codicil is not a
resident of the County, but a resident of Madison County; on
Motion a Commission was duly issued to John A. Cone Esqr. to
take the testimony of the said Samuel Tyler and reduce the
same to writing; and make return thereof to this Court.
[corresponds to labeled page 296 of Will Records Vol. 4 - 1859-1869]
296
Record of the will of Oliver Curtiss decd October 26th 1866
estate; he to be allowed and retain seventy five dollars
for his fees. 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 May 1866.
(signed) Oliver Curtiss {seal}
Signed, sealed and acknowledged by said Oliver Curtiss }
as his last will and testament in our presence and }
signed by us in his presence. (signed) Henry Hodgden }
A.P. Mason } 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 Oliver Curtiss late
of Genoa Township deceased.
We Henry Hodgden and Alphonso P. Mason being duly sworn
in open court this 26th day of October A.D. 1866 depose and say
that we were present at the execution of the last will and testament
of Oliver Curtiss of Genoa 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) Henry Hodgden }
A. P. Mason }
Sworn to and subscribed before me in the Probate Court this
26th day of October A.D. 1866. T.W. Powell Probate Judge.
___________________________________________________________
Record of the Will of Christopher Freshwater decd. November 13th
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 13th day of
November A.D. 1866.
On the 12th day of November A.D. 1866, the last will and testament
and the codicil thereto of Christopher Freshwater late of Con-
-cord Township in this County deceased, was presented to the court
for probate and records; and thereupon Nelson R. Talley and
Elias Hyatt two subscribing witnesses to the said will and one
of the subscribing witnesses to the said codicil, came into Court and
were duly sworn and examined, and their testimony reduced
to writing and annexed to the said will and codicil and filed there-
-with. And it appearing to the court that Samuel Tyler one
of the subscribing witnesses to the said codicil is not a
resident of the County, but a resident of Madison County; on
Motion a Commission was duly issued to John A. Cone Esqr. to
take the testimony of the said Samuel Tyler and reduce the
same to writing; and make return thereof to this Court.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 329)
Description
[page 329]
[corresponds to labeled page 297 of Will Records Vol. 4 - 1859-1869]
297
Record of the Will of Christopher Freshwater decd. November 13th 1866
And afterwards on this 13th day of November A.D. 1866.
the said John A. Cone returned his commission to take
the testimony of Samuel Tyler witness to the said Codicil,
with the testimony of the said witness duly taken in writing
and annexed to the said Codicil. And now upon con-
-sideration, it appearing to the Court that the said will and
codicil were duly executed and attested; and that the said
testator Christopher Freshwater at the several times of the
execution of the said will and testament and codicil, was of
full age, and of sound mind and memory and not under
any restraint; thereupon, on consideration thereof the court
orders that the said will and codicil be admitted to probate
as the last will and testament of the said Christopher Freshwater
decd. and ordered to be recorded as such.
(Copy and record of the will etc)
In the name of the Benevolent Father of All.
I, Christopher Freshwater of Concord Township, Delaware
County in the State of Ohio, do make and publish this my last
will and testament.
Item 1st. It is my will and desire, and I do hereby direct and
require that my executor hereinafter appointed in this will
by me, as soon as practicable after my decease proceed
to sell, by public sale or in such manner, upon such terms
of credit or otherwise as he may think best, all my
personal property and real estate of every name, nature
and kind, and deeds to the purchasers of such real estate to
execute, acknowledge and deliver in fee simple, so that
the whole of my estate, (except that portion of house hold furniture
clothing & other personal property to which my wife is entitled to
under and by the law without appraisement.) be by my said
executor reduced to money to be distributed as hereinafter directed.
Item 2nd. Out of the above proceeds of my personal and
real property, I direct that my said executor pay my beloved
wife Louisa Freshwater the proportion thereof which would
be hers and to which she would be entitled by law as her dis-
-tributive share of my personal property, and her portion of
the proceeds of the sale of my real estate in money for her
right of dower therein; but in case under the law the same
would not amount to nine thousand dollars then, it is my
will and desire, and I do hereby give and devise to my
said wife Louise Freshwater a sufficient sum of money
so that the same being added to her share or portion of
the proceeds of my personal property and her right of dower
in my said Lands in money; shall amount to and be the sum
of nine thousand dollars.
Item 3rd. It is my will and desire and I do hereby give and
devise the residue of my estate to be equally divided among
and between my twelve children share and share alike,
[corresponds to labeled page 297 of Will Records Vol. 4 - 1859-1869]
297
Record of the Will of Christopher Freshwater decd. November 13th 1866
And afterwards on this 13th day of November A.D. 1866.
the said John A. Cone returned his commission to take
the testimony of Samuel Tyler witness to the said Codicil,
with the testimony of the said witness duly taken in writing
and annexed to the said Codicil. And now upon con-
-sideration, it appearing to the Court that the said will and
codicil were duly executed and attested; and that the said
testator Christopher Freshwater at the several times of the
execution of the said will and testament and codicil, was of
full age, and of sound mind and memory and not under
any restraint; thereupon, on consideration thereof the court
orders that the said will and codicil be admitted to probate
as the last will and testament of the said Christopher Freshwater
decd. and ordered to be recorded as such.
(Copy and record of the will etc)
In the name of the Benevolent Father of All.
I, Christopher Freshwater of Concord Township, Delaware
County in the State of Ohio, do make and publish this my last
will and testament.
Item 1st. It is my will and desire, and I do hereby direct and
require that my executor hereinafter appointed in this will
by me, as soon as practicable after my decease proceed
to sell, by public sale or in such manner, upon such terms
of credit or otherwise as he may think best, all my
personal property and real estate of every name, nature
and kind, and deeds to the purchasers of such real estate to
execute, acknowledge and deliver in fee simple, so that
the whole of my estate, (except that portion of house hold furniture
clothing & other personal property to which my wife is entitled to
under and by the law without appraisement.) be by my said
executor reduced to money to be distributed as hereinafter directed.
Item 2nd. Out of the above proceeds of my personal and
real property, I direct that my said executor pay my beloved
wife Louisa Freshwater the proportion thereof which would
be hers and to which she would be entitled by law as her dis-
-tributive share of my personal property, and her portion of
the proceeds of the sale of my real estate in money for her
right of dower therein; but in case under the law the same
would not amount to nine thousand dollars then, it is my
will and desire, and I do hereby give and devise to my
said wife Louise Freshwater a sufficient sum of money
so that the same being added to her share or portion of
the proceeds of my personal property and her right of dower
in my said Lands in money; shall amount to and be the sum
of nine thousand dollars.
Item 3rd. It is my will and desire and I do hereby give and
devise the residue of my estate to be equally divided among
and between my twelve children share and share alike,
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 330)
Description
[page 330]
[corresponds to labeled page 298 of Will Records Vol. 4 - 1859-1869]
298
Record of the will of Christopher Freshwater, November 13th 1866.
except as to my two daughters, Rachel Black and Mary
Fletcher, whose share as aforesaid, instead of giving directly
to them, I do hereby give and devise and grant the sum
to William M. Warren and his successors in trust, for the
said Rachael Black and Mary Fletcher, the said trustee to in-
-vest said shares respectively in real estate, public securities
or otherwise, as he may think best and most profitable, and
of each share respectively said trustee or his successor
in trust shall pay respectively to said Rachael Black and
Mary Fletcher on their respective shares the annual
income thereof duing their natural lives, and
upon the death of either of said persons then the said
portion or share of said person deceased shall be paid
over to the heirs of her body, their heirs, & assigns forever.
as aforesaid Said trustee to keep the funds or shares of
each one separate from the other.
Upon the death of said Warren or his refusal to act
I do devise desire a trustee to be appointed to take charge
of said fund and carry out the above trust by the proper
court authorised by law so to do.
Item 4th. I do hereby nominate and appoint my son
in law Thomas J. Jones guardian of my infant daughter
Mary Frances Freshwater until she arrives at the age of
18 years.
Item 5th. I do hereby nominate and appoint William
P. Reids 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 authorise and
empower him, and direct him as hereinbefore set forth to
sell by private sale, or in such manner upon such
terms of credit or otherwise as he may think proper, all
my real estate, and deeds to purchasers to execute, acknowledge
and deliver in fee simple.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal, this 28th day of June A.D. 1866.
(signed) C. Freshwater {seal}
Signed, sealed & acknowledged by the said Christopher
Freshwater as his last will and testament in our presence
and signed by us in his presence.
(signed) E. Hyatt. }
N. R. Talley.} (end of the will).
(Copy and record of the Codicil).
Whereas I, Christopher Freshwater did on the 28th day of
June A.D. 1866, execute make and publish my last will and
testament of that date: Now be it known that I desire to
and do make this codicil thereto, that is to say: --
[corresponds to labeled page 298 of Will Records Vol. 4 - 1859-1869]
298
Record of the will of Christopher Freshwater, November 13th 1866.
except as to my two daughters, Rachel Black and Mary
Fletcher, whose share as aforesaid, instead of giving directly
to them, I do hereby give and devise and grant the sum
to William M. Warren and his successors in trust, for the
said Rachael Black and Mary Fletcher, the said trustee to in-
-vest said shares respectively in real estate, public securities
or otherwise, as he may think best and most profitable, and
of each share respectively said trustee or his successor
in trust shall pay respectively to said Rachael Black and
Mary Fletcher on their respective shares the annual
income thereof duing their natural lives, and
upon the death of either of said persons then the said
portion or share of said person deceased shall be paid
over to the heirs of her body, their heirs, & assigns forever.
as aforesaid Said trustee to keep the funds or shares of
each one separate from the other.
Upon the death of said Warren or his refusal to act
I do devise desire a trustee to be appointed to take charge
of said fund and carry out the above trust by the proper
court authorised by law so to do.
Item 4th. I do hereby nominate and appoint my son
in law Thomas J. Jones guardian of my infant daughter
Mary Frances Freshwater until she arrives at the age of
18 years.
Item 5th. I do hereby nominate and appoint William
P. Reids 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 authorise and
empower him, and direct him as hereinbefore set forth to
sell by private sale, or in such manner upon such
terms of credit or otherwise as he may think proper, all
my real estate, and deeds to purchasers to execute, acknowledge
and deliver in fee simple.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal, this 28th day of June A.D. 1866.
(signed) C. Freshwater {seal}
Signed, sealed & acknowledged by the said Christopher
Freshwater as his last will and testament in our presence
and signed by us in his presence.
(signed) E. Hyatt. }
N. R. Talley.} (end of the will).
(Copy and record of the Codicil).
Whereas I, Christopher Freshwater did on the 28th day of
June A.D. 1866, execute make and publish my last will and
testament of that date: Now be it known that I desire to
and do make this codicil thereto, that is to say: --
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 331)
Description
[page 331]
[corresponds to labeled page 299 of Will Records Vol. 4 - 1859-1869]
299
Record of the will & codicil of Christopher Freshwater, decd. November 13th 1866.
It is my will and desire and I do hereby bequeath and
devise to my daughter Sarah Jones wife of Thomas
J. Jones the sum of one thousand dollars in money
to be paid to her by my executor, within one year after
my decease. This said sum of one thousand dollars
is intended as a specific legacy and in addition
to the share or portion of my estate which she would
receive under and by virtue of my said will above
referred to. With the above codicil to said will
I desire the same to stand in full force and affect.
Witness my hand and seal this 20th day of August A.D. 1866.
(signed) C. Freshwater {seal}
Signed and acknowledged by said Christopher Freshwater
in our presence & signed by us in his presence, and in
the presence of each other. (signed) N.R. Talley
Samuel Tyler. (end of the Codicil)
(Copy of the testimony & and record thereof--)
The State of Ohio, Delaware County, Ss.
In matter of the last will and testament of Christopher Freshwater
late of Concord township deceased.
We Nelson R. Talley and Elisha Hyatt being duly sworn
in open court this 12th day of November 1866, depose
and say, that we were present at the execution of the last
will and testament of Christopher Freshwater of Concord 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) Nelson R. Talley
E. Hyatt.
Sworn to and Subscribed before me in the Probate Court this 12th
day of November A.D. 1866. T.W. Powell Probate judge.
The State of Ohio, Delaware County Ss.
in the matter of the last will and testament of Christopher Freshwater late of
Concord Township, deceased.
I, Nelson R. Talley being duly sworn in open Court this 12th
day of November A.D. 1866 depose and say that we, this deponent
and Samuel Tyler were present at the execution of the Codicil
to the last will and testament of Christopher Freshwater of Concord
Township hereto annexed; that we saw the said testator subscribe
said Codicil, and heard him publish and declare the same to be his
Codicil to his last will and testament, and that the said testator
at the time of executing the same was of full age, and of sound
mind and memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in the presence of each other.
Sworn to and subscribed before me in the Probate Court the 12th}
(signed) Nelson R. Talley.
day of November AD 1866. T.W. Powell Probate Judge.
[corresponds to labeled page 299 of Will Records Vol. 4 - 1859-1869]
299
Record of the will & codicil of Christopher Freshwater, decd. November 13th 1866.
It is my will and desire and I do hereby bequeath and
devise to my daughter Sarah Jones wife of Thomas
J. Jones the sum of one thousand dollars in money
to be paid to her by my executor, within one year after
my decease. This said sum of one thousand dollars
is intended as a specific legacy and in addition
to the share or portion of my estate which she would
receive under and by virtue of my said will above
referred to. With the above codicil to said will
I desire the same to stand in full force and affect.
Witness my hand and seal this 20th day of August A.D. 1866.
(signed) C. Freshwater {seal}
Signed and acknowledged by said Christopher Freshwater
in our presence & signed by us in his presence, and in
the presence of each other. (signed) N.R. Talley
Samuel Tyler. (end of the Codicil)
(Copy of the testimony & and record thereof--)
The State of Ohio, Delaware County, Ss.
In matter of the last will and testament of Christopher Freshwater
late of Concord township deceased.
We Nelson R. Talley and Elisha Hyatt being duly sworn
in open court this 12th day of November 1866, depose
and say, that we were present at the execution of the last
will and testament of Christopher Freshwater of Concord 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) Nelson R. Talley
E. Hyatt.
Sworn to and Subscribed before me in the Probate Court this 12th
day of November A.D. 1866. T.W. Powell Probate judge.
The State of Ohio, Delaware County Ss.
in the matter of the last will and testament of Christopher Freshwater late of
Concord Township, deceased.
I, Nelson R. Talley being duly sworn in open Court this 12th
day of November A.D. 1866 depose and say that we, this deponent
and Samuel Tyler were present at the execution of the Codicil
to the last will and testament of Christopher Freshwater of Concord
Township hereto annexed; that we saw the said testator subscribe
said Codicil, and heard him publish and declare the same to be his
Codicil to his last will and testament, and that the said testator
at the time of executing the same was of full age, and of sound
mind and memory, and not under any restraint, and that we signed the
same as witnesses at his request and in his presence and in the presence of each other.
Sworn to and subscribed before me in the Probate Court the 12th}
(signed) Nelson R. Talley.
day of November AD 1866. T.W. Powell Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 332)
Description
[page 332]
[corresponds to labeled page 300 of Will Records Vol. 4 - 1859-1869]
300
Record of the will and codicil of Christopher Freshwater. November 13th 1866.
(Copy and record of the Commission and testimony)
The State of Ohio }
Delaware County Ss.} In the Probate Court.
To John A. Cone Esqr.
Placing special confidence in your ability and in-
-tegrity, you are hereby appointed, empowered and authorized
to take the testimony of Samuel Tyler, under oath in
due form by you to be administered, to prove the execution
and attestation of the codicil to the last will and testament of
Christopher Freshwater hereto annexed, and reduced the same
to writing; and return the same enclosed under your seal
or by your own hands to this Court. And for so doing this
shall be your full and due Commission.
{S.S.} Given under my hand and under the seal of the
Probate Court, at Delaware, Ohio. this 12th day of
November A.D. 1866. T.W. Powell Probate Judge.
(Return thereon)
In pursuance to the command of the
above Commission I have taken the testimony of
the said Samuel Tyler to the execution and attestation of
the said Codicil which is hereto annexed by which the same
will more fully appear. (Signed) John A. Cone Commissioner.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Christopher Freshwater late
of Concord Township decd.
I Samuel Tyler being duly sworn by and before Mr. John A. Cone
the undersigned Commissioner, this 13th day of November A.D. 1866
depose and say, that we, this deponent and Nelson R. Talley were
present at the execution of the Codicil to the last will and testament
of Christopher Freshwater of Concord Township hereto annexed
that we saw the said testator subscribe said codicil 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 in his presence and in the presence of each other.
(signed) Samuel Tyler.
Sworn to and subscribed before me this 13th day of Novem-
-ber A.D. 1866. (signed) John A. Cone Commissioner.
[corresponds to labeled page 300 of Will Records Vol. 4 - 1859-1869]
300
Record of the will and codicil of Christopher Freshwater. November 13th 1866.
(Copy and record of the Commission and testimony)
The State of Ohio }
Delaware County Ss.} In the Probate Court.
To John A. Cone Esqr.
Placing special confidence in your ability and in-
-tegrity, you are hereby appointed, empowered and authorized
to take the testimony of Samuel Tyler, under oath in
due form by you to be administered, to prove the execution
and attestation of the codicil to the last will and testament of
Christopher Freshwater hereto annexed, and reduced the same
to writing; and return the same enclosed under your seal
or by your own hands to this Court. And for so doing this
shall be your full and due Commission.
{S.S.} Given under my hand and under the seal of the
Probate Court, at Delaware, Ohio. this 12th day of
November A.D. 1866. T.W. Powell Probate Judge.
(Return thereon)
In pursuance to the command of the
above Commission I have taken the testimony of
the said Samuel Tyler to the execution and attestation of
the said Codicil which is hereto annexed by which the same
will more fully appear. (Signed) John A. Cone Commissioner.
The State of Ohio, Delaware County Ss.
In the matter of the last will and testament of Christopher Freshwater late
of Concord Township decd.
I Samuel Tyler being duly sworn by and before Mr. John A. Cone
the undersigned Commissioner, this 13th day of November A.D. 1866
depose and say, that we, this deponent and Nelson R. Talley were
present at the execution of the Codicil to the last will and testament
of Christopher Freshwater of Concord Township hereto annexed
that we saw the said testator subscribe said codicil 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 in his presence and in the presence of each other.
(signed) Samuel Tyler.
Sworn to and subscribed before me this 13th day of Novem-
-ber A.D. 1866. (signed) John A. Cone Commissioner.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 333)
Description
[page 333]
[corresponds to labeled page 301 of Will Records Vol. 4 - 1859-1869]
301
Record of the Will of William Martin decd Nov 21 1866
Proceeding 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 21' & 24'
days of November A.D. 1866.
the last will and testament of William Martin
late of Radnor Township in this County decd, was lately presented
to this Court for probate & record; and Elias George one of the
subscribing witnesses to the said will came into Court
and was duly sworn and examined and his testimony
reduced to writing and annexed to the will and filed
therewith; and the testimony of James Cox being in the like
manner taken, from which it appears John N Cox the other
witness to the will. had in due form signed the will as
witness and has since deceased; 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, as duly proved as the last
will and testament of the said William Martin
decd and ordered to be recorded as such.
Thereupon on the motion of the widow Mrs. Elizabeth
Martin, William Martin Jun. is appointed Administrator,
with the will annexed, on the said estate who gave
bonds in the sum of $2000 with Elizabeth Martin,
James Cummins and John W. Humphrey his
Sureties Letters issued & accepted
TW Powell Probate Judge
(Copy and record of the Will to Wit")
"In the name of God Amen
I William Martin of the Township
of Radnor. County of Delaware and State of Ohio are of
a sound mind, but feeble in body, feeling grateful for
the blessing of my rational senses do hereby make and
publish this my last will and testament, in the form
following to wit:
Item 12 - It is my desire that all my just debts shall
be paid.
Item 2" I give and bequeath to my daughter Catharine
Martin Five hundred dollars to be paid her in the
course of ten years if not paid by that time to bear
interest
Item 3" - I give and bequeath to my sons William,
Benjamin and Thomas the farm on which I now
reside, being one hundred acres which share for each
will be Thirty three and one third acres apiece with
[corresponds to labeled page 301 of Will Records Vol. 4 - 1859-1869]
301
Record of the Will of William Martin decd Nov 21 1866
Proceeding 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 21' & 24'
days of November A.D. 1866.
the last will and testament of William Martin
late of Radnor Township in this County decd, was lately presented
to this Court for probate & record; and Elias George one of the
subscribing witnesses to the said will came into Court
and was duly sworn and examined and his testimony
reduced to writing and annexed to the will and filed
therewith; and the testimony of James Cox being in the like
manner taken, from which it appears John N Cox the other
witness to the will. had in due form signed the will as
witness and has since deceased; 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, as duly proved as the last
will and testament of the said William Martin
decd and ordered to be recorded as such.
Thereupon on the motion of the widow Mrs. Elizabeth
Martin, William Martin Jun. is appointed Administrator,
with the will annexed, on the said estate who gave
bonds in the sum of $2000 with Elizabeth Martin,
James Cummins and John W. Humphrey his
Sureties Letters issued & accepted
TW Powell Probate Judge
(Copy and record of the Will to Wit")
"In the name of God Amen
I William Martin of the Township
of Radnor. County of Delaware and State of Ohio are of
a sound mind, but feeble in body, feeling grateful for
the blessing of my rational senses do hereby make and
publish this my last will and testament, in the form
following to wit:
Item 12 - It is my desire that all my just debts shall
be paid.
Item 2" I give and bequeath to my daughter Catharine
Martin Five hundred dollars to be paid her in the
course of ten years if not paid by that time to bear
interest
Item 3" - I give and bequeath to my sons William,
Benjamin and Thomas the farm on which I now
reside, being one hundred acres which share for each
will be Thirty three and one third acres apiece with
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 334)
Description
[page 334]
[corresponds to labeled page 302 of Will Records Vol. 4 - 1859-1869]
302
Record of the Will of William Martin decd Nov 21 1866
all the chattles belonging, but the bequest of my daughter
Catharine as above to be paid out of this Item before
they or any of them can convey it. the land away
Item 4 It is my desire that the girl that is now with us
Ann Thomas, should be provided for with board if in
any case she becomes afflicted and disabled to earn
her own living.
Item 6" It is my desire one dollar and a half be yearly paid
out of my estate to the Baptist Church in Radnor
And one dollar and a half be paid to the Bible
society of the Baptists.
7 Item - Is my desire that Elias George and John N
Cox be my executors, for the property.
This is my last Will and testament revoking
all others by me made.
In testimony whereof I hereunto set my
hand and seal in the presence of us
John N Cox William X (his mark) Martin {LS}
Elias George {U.S. Stamps }
{$3.50 Nov 30 1866}
The State of Ohio }
Delaware County SS} In the matter of the last Will
and testament of William Martin
late of Radnor deceased. I, Elias George being duly
sworn in open Court this 21" day of November A.D., 1866
deposes and say that we this deponent and John N. Cox
were present at the execution of the last will and testament
of William Martin of Radnor 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 The said will was so executed by said
William Martin some time in May or June 1860 at
said Martins residence in Radnor, That both this deponent
and said John N. Cox heard said William Martin declare
the same to be his last will and testament and we
both saw him make his mark to the same and we at
his request and in his presence signed our names thereto
as witnesses and in the presence of each other said
Cox is now deceased Elias George
Sworn to and Subscribed before me in the Probate Court
this 21" day of November A.D., 1866
T.W. Powell Probate Judge
[corresponds to labeled page 302 of Will Records Vol. 4 - 1859-1869]
302
Record of the Will of William Martin decd Nov 21 1866
all the chattles belonging, but the bequest of my daughter
Catharine as above to be paid out of this Item before
they or any of them can convey it. the land away
Item 4 It is my desire that the girl that is now with us
Ann Thomas, should be provided for with board if in
any case she becomes afflicted and disabled to earn
her own living.
Item 6" It is my desire one dollar and a half be yearly paid
out of my estate to the Baptist Church in Radnor
And one dollar and a half be paid to the Bible
society of the Baptists.
7 Item - Is my desire that Elias George and John N
Cox be my executors, for the property.
This is my last Will and testament revoking
all others by me made.
In testimony whereof I hereunto set my
hand and seal in the presence of us
John N Cox William X (his mark) Martin {LS}
Elias George {U.S. Stamps }
{$3.50 Nov 30 1866}
The State of Ohio }
Delaware County SS} In the matter of the last Will
and testament of William Martin
late of Radnor deceased. I, Elias George being duly
sworn in open Court this 21" day of November A.D., 1866
deposes and say that we this deponent and John N. Cox
were present at the execution of the last will and testament
of William Martin of Radnor 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 The said will was so executed by said
William Martin some time in May or June 1860 at
said Martins residence in Radnor, That both this deponent
and said John N. Cox heard said William Martin declare
the same to be his last will and testament and we
both saw him make his mark to the same and we at
his request and in his presence signed our names thereto
as witnesses and in the presence of each other said
Cox is now deceased Elias George
Sworn to and Subscribed before me in the Probate Court
this 21" day of November A.D., 1866
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 335)
Description
[page 335]
[corresponds to labeled page 303 of Will Records Vol. 4 - 1859-1869]
303
Record of the Will of William Martin decd November 21, 1866
State of Ohio,}
Delaware County s s} In the Probate Court - The
undersigned James Cox being
duly sworn in open court on this 24" day of November
A.D. 1866 deposes and says that he is the son of John
N Cox one of the witnesses to the last will and testa-
ment of William Martin late of Radnor decd
hereto annexed. That he always understood that each
will was made, that said John N Cox had the said
will in his possession until his death who died on or
about the 11" day of May 1862 That I was well
acquainted with the hand writing of my father
said John N. Cox and I now recognize the hand
writing to said will as witness to be his That I well
knew the said William Martin until the time of
his death and considered the Martin at the time of
making his said will and unto the time of his death
to be a person of sound mind and memory capable
of making his will and properly disposing of his property
James Cox
Sworn to and subscribed before me in open
Court, this 24" day of November 1866
T.W. Powell
Record of Will of John Roberts decd February 2" 1867
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 2 day of February A D 1867.
This day the last will and testament of John
Roberts decd late of Porter Township in this County was
presented for Probate and record; thereupon Edmund B Mosher
and Salmon Scott the two subscribing witnesses to the
said came into Court and were duly sworn and examined
and their testimony reduced to writing and now annexed
to the said will and filed there with, 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 acting under any restraint, there upon
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 Roberts -
decd and ordered to be recorded as such.
There upon letters testamentary were granted
to Salmon P Scott the executor named in the will to
administer upon the said estate and will which
[corresponds to labeled page 303 of Will Records Vol. 4 - 1859-1869]
303
Record of the Will of William Martin decd November 21, 1866
State of Ohio,}
Delaware County s s} In the Probate Court - The
undersigned James Cox being
duly sworn in open court on this 24" day of November
A.D. 1866 deposes and says that he is the son of John
N Cox one of the witnesses to the last will and testa-
ment of William Martin late of Radnor decd
hereto annexed. That he always understood that each
will was made, that said John N Cox had the said
will in his possession until his death who died on or
about the 11" day of May 1862 That I was well
acquainted with the hand writing of my father
said John N. Cox and I now recognize the hand
writing to said will as witness to be his That I well
knew the said William Martin until the time of
his death and considered the Martin at the time of
making his said will and unto the time of his death
to be a person of sound mind and memory capable
of making his will and properly disposing of his property
James Cox
Sworn to and subscribed before me in open
Court, this 24" day of November 1866
T.W. Powell
Record of Will of John Roberts decd February 2" 1867
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 2 day of February A D 1867.
This day the last will and testament of John
Roberts decd late of Porter Township in this County was
presented for Probate and record; thereupon Edmund B Mosher
and Salmon Scott the two subscribing witnesses to the
said came into Court and were duly sworn and examined
and their testimony reduced to writing and now annexed
to the said will and filed there with, 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 acting under any restraint, there upon
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 Roberts -
decd and ordered to be recorded as such.
There upon letters testamentary were granted
to Salmon P Scott the executor named in the will to
administer upon the said estate and will which
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 336)
Description
[page 336]
[corresponds to labeled page 304 of Will Records Vol. 4 - 1859-1869]
304
Record of the Will of John Roberts decd, Feb 2" 1867
appointment said Scott accepted and gave bonds as
the law requires in the sum of $2000 with Edmund B
Mosher, Wesley C. Harris and Emery Perfect his sureties
The Court appoint Joseph Potter, Charles Wilcox and
Charles M Fowler appraisers of the said estate
T.W. Powell Pro Judge
(copy and record of the will to wit)
In the name of the Benevolent Father of All!
I, John Roberts of Porter Township,
Delaware County and State of Ohio being of sound
mind and memory, do make and publish this my
last will and testament.
I give and bequeath to my beloved wife
Roxana Roberts in lieu of her dower, five hundred
dollars in money and one cow and three sheep.
Item 2" - After paying all my just debts and funeral
charges I give and bequeath all the rest of my property
to my children Wm Roberts, Lewis Roberts Ruth Howes
Eliza Weaver Mary Ann Courtright and Elizabeth
Weaver and Sarah Lyons in equal portions to them
and the heirs of their Body.
I do appoint and constitute my esteemed
friend Salmon P Scott of Porter Executor of this
my last will and testament.
Signed, sealed and acknowledged in
presence of us and signed by us in this presence
this 28" day of December AD 1866.
his
John X Roberts [seal]
mark
Attest
E.B. Mosher
Isaiah Kempton [US Stamp]
S.P. Scott [$1.00 Feb 2" 1867]
[TWP]
The State of Ohio }
Delaware County ss. } In the matter of the last will and
testament of John Roberts late
Porter Township deceased, - We Edmund B Mosher and
Salmon P Scott being duly sworn in open Court this
2" day of February A.D 1867, depose and say, that we were
present at the execution of the last will and testament
of John Roberts of Porter Township in this 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 the said
testator at the time of executing the same was of full
age and of sound mind and memory and not
[corresponds to labeled page 304 of Will Records Vol. 4 - 1859-1869]
304
Record of the Will of John Roberts decd, Feb 2" 1867
appointment said Scott accepted and gave bonds as
the law requires in the sum of $2000 with Edmund B
Mosher, Wesley C. Harris and Emery Perfect his sureties
The Court appoint Joseph Potter, Charles Wilcox and
Charles M Fowler appraisers of the said estate
T.W. Powell Pro Judge
(copy and record of the will to wit)
In the name of the Benevolent Father of All!
I, John Roberts of Porter Township,
Delaware County and State of Ohio being of sound
mind and memory, do make and publish this my
last will and testament.
I give and bequeath to my beloved wife
Roxana Roberts in lieu of her dower, five hundred
dollars in money and one cow and three sheep.
Item 2" - After paying all my just debts and funeral
charges I give and bequeath all the rest of my property
to my children Wm Roberts, Lewis Roberts Ruth Howes
Eliza Weaver Mary Ann Courtright and Elizabeth
Weaver and Sarah Lyons in equal portions to them
and the heirs of their Body.
I do appoint and constitute my esteemed
friend Salmon P Scott of Porter Executor of this
my last will and testament.
Signed, sealed and acknowledged in
presence of us and signed by us in this presence
this 28" day of December AD 1866.
his
John X Roberts [seal]
mark
Attest
E.B. Mosher
Isaiah Kempton [US Stamp]
S.P. Scott [$1.00 Feb 2" 1867]
[TWP]
The State of Ohio }
Delaware County ss. } In the matter of the last will and
testament of John Roberts late
Porter Township deceased, - We Edmund B Mosher and
Salmon P Scott being duly sworn in open Court this
2" day of February A.D 1867, depose and say, that we were
present at the execution of the last will and testament
of John Roberts of Porter Township in this 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 the said
testator at the time of executing the same was of full
age and of sound mind and memory and not
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 337)
Description
[page 337]
[corresponds to labeled page 305 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Roberts decd Feb 2" 1867
under any restraint and that we signed the
same as witnesses at his request and in his presence
and in the presence of each other.
E B Mosher
S. P. Scott
Sworn to and subscribed before me in the Probate
Court this 2" day of February A.D. 1867
T.W. Powell
Probate Judge
Will of Charles Day decd
Proceeding 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 18" day of December AD 1866.
This day the last will and testament
of Charles Day late of Trenton Township in this
County deceased, was presented to the Court for
probate and record. Thereupon Edward H. Day
and John Sinkey the subscribing 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 there with,
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 Charles Day decd, and
ordered to be recorded as such.
Thereupon Cyrus Longshore the Executor named
in the said will appeared and was qualified as such
and gave bonds in the sum of 2000. with Presley
Day and John Sinkey as sureties and there upon letters
testamentary with the will annexed was issued
to him. T.W. Powell, Probate Judge
(Copy and record of Will to with)
In the name of our Heavenly Father!
I, Charles Day in view of the certainty
of death and uncertainty of life, do make and publish
this my last will and testament.
Item 1" I direct that my executor pay all my just
debts and funeral expenses.
Item 2" I give and bequeath unto my beloved wife
all my estate both real and personal during her
natural life.
[corresponds to labeled page 305 of Will Records Vol. 4 - 1859-1869]
Record of the Will of John Roberts decd Feb 2" 1867
under any restraint and that we signed the
same as witnesses at his request and in his presence
and in the presence of each other.
E B Mosher
S. P. Scott
Sworn to and subscribed before me in the Probate
Court this 2" day of February A.D. 1867
T.W. Powell
Probate Judge
Will of Charles Day decd
Proceeding 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 18" day of December AD 1866.
This day the last will and testament
of Charles Day late of Trenton Township in this
County deceased, was presented to the Court for
probate and record. Thereupon Edward H. Day
and John Sinkey the subscribing 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 there with,
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 Charles Day decd, and
ordered to be recorded as such.
Thereupon Cyrus Longshore the Executor named
in the said will appeared and was qualified as such
and gave bonds in the sum of 2000. with Presley
Day and John Sinkey as sureties and there upon letters
testamentary with the will annexed was issued
to him. T.W. Powell, Probate Judge
(Copy and record of Will to with)
In the name of our Heavenly Father!
I, Charles Day in view of the certainty
of death and uncertainty of life, do make and publish
this my last will and testament.
Item 1" I direct that my executor pay all my just
debts and funeral expenses.
Item 2" I give and bequeath unto my beloved wife
all my estate both real and personal during her
natural life.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 338)
Description
[page 338]
[corresponds to labeled page 306 of Will Records Vol. 4 - 1859-1869]
306
Record of the Will of Charles Day decd Dec 18" 1866
Item 3" I direct that what may be left of my estate
at the death of my said wife be equally divided between
my Children or their legal heirs.
Item 4" I hereby nominate and appoint Cyrus Longshore
my executor of this my last will and testament.
In testimony where of I have here unto set my
hand and seal this thirty first day of October in the
year of our Lord one thousand and sixty six
Charles Day (seal)
We the undersigned witnesses certify that the foregoing
will was signed by Charles Day in our presence and
by us in his presence. E.H. Deut
John Sinkey
[U.S. Stamp]
[L8 T.W.P Dec 18 1866]
The State of Ohio, } In the matter of the last will and
Delaware County ss } testament of Charles Day late of
Trenton Township deceased.
We E.H. Deut and John Sinkey, being duly sworn
in open court this 18" day of December A.D., 1866
depose and say, that we were present at the
execution of the last will and testament of Charles
Day of Trenton Township hereto annexed; that we
saw the said testator subscribe said will and heard
him publish and declare the same to be this 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. E.H. Deut
John Sinkey
Sworn to and Subscribed before me in the Probate Court
this 18" day of December A.D. 1866 T.W. Powell
Probate Judge
Record of the Will of Samuel N 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 18" day of December AD 1866.
This day the last will and testament of
Samuel N. Myers late of Berlin Township decd was
presented to the Court for probate and record
Thereupon James P Crawford and Phebe J Dunham
the subscribing witnesses to the said will came into
and were duly sworn and examined and their testimony
[corresponds to labeled page 306 of Will Records Vol. 4 - 1859-1869]
306
Record of the Will of Charles Day decd Dec 18" 1866
Item 3" I direct that what may be left of my estate
at the death of my said wife be equally divided between
my Children or their legal heirs.
Item 4" I hereby nominate and appoint Cyrus Longshore
my executor of this my last will and testament.
In testimony where of I have here unto set my
hand and seal this thirty first day of October in the
year of our Lord one thousand and sixty six
Charles Day (seal)
We the undersigned witnesses certify that the foregoing
will was signed by Charles Day in our presence and
by us in his presence. E.H. Deut
John Sinkey
[U.S. Stamp]
[L8 T.W.P Dec 18 1866]
The State of Ohio, } In the matter of the last will and
Delaware County ss } testament of Charles Day late of
Trenton Township deceased.
We E.H. Deut and John Sinkey, being duly sworn
in open court this 18" day of December A.D., 1866
depose and say, that we were present at the
execution of the last will and testament of Charles
Day of Trenton Township hereto annexed; that we
saw the said testator subscribe said will and heard
him publish and declare the same to be this 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. E.H. Deut
John Sinkey
Sworn to and Subscribed before me in the Probate Court
this 18" day of December A.D. 1866 T.W. Powell
Probate Judge
Record of the Will of Samuel N 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 18" day of December AD 1866.
This day the last will and testament of
Samuel N. Myers late of Berlin Township decd was
presented to the Court for probate and record
Thereupon James P Crawford and Phebe J Dunham
the subscribing witnesses to the said will came into
and were duly sworn and examined and their testimony
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 339)
Description
[page 339]
[corresponds to labeled page 307 of Will Records Vol. 4 - 1859-1869]
307
Record of Will of Samuel N. Myers decd Dec 18 1866
reduced to writing, and annexed to said 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 under
no restraint. There upon 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
Samuel N Myers decd and ordered to be recorded as such.
T.W. Powell Probate Judge
Copy and record of said Samuel N Myers to wit
In the name of the Benevolent Father of All!
I, Samuel N. Myers of the Township of Berlin
county of Delaware and State of Ohio do make and
publish this my last will and testament.
Item 1" I give and devise to my beloved wife in
lieu of her dower the farm on which we now reside
situated in Berkshire & Berlin Townships County of Delaware
and State of Ohio containing sixty three and one
half acres more or less during her natural lifetime
and all the stock, household goods, furniture
provisions and other goods and chattels which may
be thereon - at the time of my decease during her
natural life as aforesaid She however selling so
much there of as may be sufficient to pay my just
debts --
At the death of my said wife the real estate
aforesaid and such part of the said personal
property or the proceeds thereof as may then remain
unexpended and unconsumed I give to my son
Lafayette Myers and his heirs
The said Lafayette Myers being here by bound
to pay my daughter Julia Teal three hundred dollars
to be paid in payments of fifty dollars annually
after the death of my said wife.
I do hereby appoint and nominate my son Lafayette
Myers Executor of this my last will and testament
hereby authorizing and empowering him to
compromise, adjust, release and discharge in such
a 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 debts to sell by private
sale or in such manner and upon such terms of
credit or otherwise as he may think proper all or any
part of my real estate and deeds to purchasers to
execute _ acknowledge in fee simple and deliver.
I do hereby revoke all former wills by me made - In
[corresponds to labeled page 307 of Will Records Vol. 4 - 1859-1869]
307
Record of Will of Samuel N. Myers decd Dec 18 1866
reduced to writing, and annexed to said 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 under
no restraint. There upon 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
Samuel N Myers decd and ordered to be recorded as such.
T.W. Powell Probate Judge
Copy and record of said Samuel N Myers to wit
In the name of the Benevolent Father of All!
I, Samuel N. Myers of the Township of Berlin
county of Delaware and State of Ohio do make and
publish this my last will and testament.
Item 1" I give and devise to my beloved wife in
lieu of her dower the farm on which we now reside
situated in Berkshire & Berlin Townships County of Delaware
and State of Ohio containing sixty three and one
half acres more or less during her natural lifetime
and all the stock, household goods, furniture
provisions and other goods and chattels which may
be thereon - at the time of my decease during her
natural life as aforesaid She however selling so
much there of as may be sufficient to pay my just
debts --
At the death of my said wife the real estate
aforesaid and such part of the said personal
property or the proceeds thereof as may then remain
unexpended and unconsumed I give to my son
Lafayette Myers and his heirs
The said Lafayette Myers being here by bound
to pay my daughter Julia Teal three hundred dollars
to be paid in payments of fifty dollars annually
after the death of my said wife.
I do hereby appoint and nominate my son Lafayette
Myers Executor of this my last will and testament
hereby authorizing and empowering him to
compromise, adjust, release and discharge in such
a 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 debts to sell by private
sale or in such manner and upon such terms of
credit or otherwise as he may think proper all or any
part of my real estate and deeds to purchasers to
execute _ acknowledge in fee simple and deliver.
I do hereby revoke all former wills by me made - In
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 340)
Description
[page 340]
[corresponds to labeled page 308 of Will Records Vol. 4 - 1859-1869]
308
Record of the Will of Samuel. N. Myers decd. Dec 18 1866
testimony whereof I have hereunto set my hand and
seal this 29 day of Sept. 1866
S N Myers {seal}
Signed and acknowledged by said Samuel N. Myers
as his last will and testament in our presence
signed by us in his presence
US. Stamp J.P. Crawford
$1.50 TWP. Dec 18 1866 Phebe J. Dunham
The state of Ohio. } In the matter of the last will and testament
Delaware County ss } of Samuel N Myers of Berlin Township
deceased.
We James P. Crawford and Phebe J Dunham being duly
sworn in open Court this 18 day of December A.D., 1866 depose
and say, that we were present at the execution of the last
will and testament of Samuel N Myers 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.
J.P. Crawford
Phebe J Dunham
Sworn to and Subscribed before me in the Probate
Court this 18" day of December AD 1866.
T. W. Powell Pro Judge
Record of the Will of Philip Lawrence decd.
Proceeding 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 20" day of December AD 1866.
This day the last will and testament
of Philip Lawrence late of Thompson Township decd. was
presented to the Court for probate and record.
There upon David Mohr and Henry Hain the two subscribing
witnesses 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 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
[corresponds to labeled page 308 of Will Records Vol. 4 - 1859-1869]
308
Record of the Will of Samuel. N. Myers decd. Dec 18 1866
testimony whereof I have hereunto set my hand and
seal this 29 day of Sept. 1866
S N Myers {seal}
Signed and acknowledged by said Samuel N. Myers
as his last will and testament in our presence
signed by us in his presence
US. Stamp J.P. Crawford
$1.50 TWP. Dec 18 1866 Phebe J. Dunham
The state of Ohio. } In the matter of the last will and testament
Delaware County ss } of Samuel N Myers of Berlin Township
deceased.
We James P. Crawford and Phebe J Dunham being duly
sworn in open Court this 18 day of December A.D., 1866 depose
and say, that we were present at the execution of the last
will and testament of Samuel N Myers 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.
J.P. Crawford
Phebe J Dunham
Sworn to and Subscribed before me in the Probate
Court this 18" day of December AD 1866.
T. W. Powell Pro Judge
Record of the Will of Philip Lawrence decd.
Proceeding 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 20" day of December AD 1866.
This day the last will and testament
of Philip Lawrence late of Thompson Township decd. was
presented to the Court for probate and record.
There upon David Mohr and Henry Hain the two subscribing
witnesses 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 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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 341)
Description
[page 341]
[corresponds to labeled page 309 of Will Records Vol. 4 - 1859-1869]
309
Record of the Will of Philip Lawrence decd Dec 20' 1866
as duly proved as the last will and testament of
the said Philip Lawrence decd, and ordered to be recor-
-ded as such.
Thereupon Charles S Mohr the executor named in
the will appeared in Court and accepted his said appointment
and gave bonds to the sum of $800. with Ambrose Little
and John Ludwig his sureties and letters testamentary
were then issued to the said executor. the Court appoint
Thomas Smith, George Noble and Jacob Hockings appraisers
of the said estate
T.W. Powell Probate Judge
(Copy and record of Will to wit:)
In the name of the Benevolent Father of all!
I Philip Lawrence of the County of
Delaware and State of Ohio do make and publish
this my last will and testament.
Item 1" I give and devise to my Grand daughter
Mary M. Thompson being the Oldest child of my daughter
Rebecca, the sixty four acres of land which I own
in Union County in the State of Ohio which I purchased
from John Finley.
Item 2" I give and devise the balance of my property
both real and personal, after the payment of all
my debts and funeral expenses to the balance of my
grand children that may be living at the time of my death
Item 3" I do hereby nominate and appoint Charles
S Mohr of Prospect Township Marion County and State
of Ohio Executor of this my last will and Testament
hereby authorizing him to compromise, adjust release
and discharge in such manner as he may deem
proper the debts and claims do me.
I do hereby revoke all former wills by me made
In testimony where of I have hereunto set my hand and
seal this 31' day of August. in the year 1866
his
Philip x Lawrence {seal}
mark
Signed and acknowledged by said Philip Lawrence as his last
will and testament in our presence and signed by us in
his presence David Mohr
U.S. Stamps Henry Kain
$3.00 TWP Dec 20 1866
The State of Ohio } In the matter of the last will and testament
Delaware County ss} of Philip Lawrence late of Thompson Township
deceased. __ We David Mohr and Henry
Hain being duly sworn in open Court this 20' day
of December A.D 1866. depose and say that we
were present at the execution of the last will and
testament of Philip Lawrence of Thompson Township
[corresponds to labeled page 309 of Will Records Vol. 4 - 1859-1869]
309
Record of the Will of Philip Lawrence decd Dec 20' 1866
as duly proved as the last will and testament of
the said Philip Lawrence decd, and ordered to be recor-
-ded as such.
Thereupon Charles S Mohr the executor named in
the will appeared in Court and accepted his said appointment
and gave bonds to the sum of $800. with Ambrose Little
and John Ludwig his sureties and letters testamentary
were then issued to the said executor. the Court appoint
Thomas Smith, George Noble and Jacob Hockings appraisers
of the said estate
T.W. Powell Probate Judge
(Copy and record of Will to wit:)
In the name of the Benevolent Father of all!
I Philip Lawrence of the County of
Delaware and State of Ohio do make and publish
this my last will and testament.
Item 1" I give and devise to my Grand daughter
Mary M. Thompson being the Oldest child of my daughter
Rebecca, the sixty four acres of land which I own
in Union County in the State of Ohio which I purchased
from John Finley.
Item 2" I give and devise the balance of my property
both real and personal, after the payment of all
my debts and funeral expenses to the balance of my
grand children that may be living at the time of my death
Item 3" I do hereby nominate and appoint Charles
S Mohr of Prospect Township Marion County and State
of Ohio Executor of this my last will and Testament
hereby authorizing him to compromise, adjust release
and discharge in such manner as he may deem
proper the debts and claims do me.
I do hereby revoke all former wills by me made
In testimony where of I have hereunto set my hand and
seal this 31' day of August. in the year 1866
his
Philip x Lawrence {seal}
mark
Signed and acknowledged by said Philip Lawrence as his last
will and testament in our presence and signed by us in
his presence David Mohr
U.S. Stamps Henry Kain
$3.00 TWP Dec 20 1866
The State of Ohio } In the matter of the last will and testament
Delaware County ss} of Philip Lawrence late of Thompson Township
deceased. __ We David Mohr and Henry
Hain being duly sworn in open Court this 20' day
of December A.D 1866. depose and say that we
were present at the execution of the last will and
testament of Philip Lawrence of Thompson Township
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 342)
Description
[page 342]
[corresponds to labeled page 310 of Will Records Vol. 4 - 1859-1869]
310
Record of the Will of Philip Lawrence decd Dec 20 1866
here 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. David Mohr
Henry Hain
Sworn to and Subscribed before me in the Probate
Court this 20' day of December A.D. 1866
T.W. Powell Probate Judge
Record of the Will of Luther Boyd 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 28' day of January 1867
This day the last will and testament of
Luther Boyd late of Orange Township in the County
decd was presented to the Court for probate and record
Thereupon Cicero M Elsbree and Gustavus Elsbree
the two 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
said will and filed therewith; and it appearing to
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 sound mind and memory
and not under any restraint; there upon 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 Luther Boyd decd and ordered
to be recorded as such.
Thereupon Levi Boyd the executor
named in the will came into Court and declined
acting as such executor, and thereupon the Court
appointed James Phuny Administrator of the said
estate with the will annexed, who gave bonds in the
sum of $100.00. with Levi Boyd, Gustavus Elsbree, Cicero
M Elsbree his sureties and accepted his appointment
The Court appointed Franklin
Kenyon, William B McKinnin and Hudson Roe
appraisers of the estate TW Powell Probate Judge
(Copy of Will to Wit)
In the name of the Benevolent Father of all!
I Luther Boyd of Orange Township County of
[corresponds to labeled page 310 of Will Records Vol. 4 - 1859-1869]
310
Record of the Will of Philip Lawrence decd Dec 20 1866
here 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. David Mohr
Henry Hain
Sworn to and Subscribed before me in the Probate
Court this 20' day of December A.D. 1866
T.W. Powell Probate Judge
Record of the Will of Luther Boyd 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 28' day of January 1867
This day the last will and testament of
Luther Boyd late of Orange Township in the County
decd was presented to the Court for probate and record
Thereupon Cicero M Elsbree and Gustavus Elsbree
the two 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
said will and filed therewith; and it appearing to
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 sound mind and memory
and not under any restraint; there upon 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 Luther Boyd decd and ordered
to be recorded as such.
Thereupon Levi Boyd the executor
named in the will came into Court and declined
acting as such executor, and thereupon the Court
appointed James Phuny Administrator of the said
estate with the will annexed, who gave bonds in the
sum of $100.00. with Levi Boyd, Gustavus Elsbree, Cicero
M Elsbree his sureties and accepted his appointment
The Court appointed Franklin
Kenyon, William B McKinnin and Hudson Roe
appraisers of the estate TW Powell Probate Judge
(Copy of Will to Wit)
In the name of the Benevolent Father of all!
I Luther Boyd of Orange Township County of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 343)
Description
[page 343]
[corresponds to labeled page 311 of Will Records Vol. 4 - 1859-1869]
311
Record of the Will of Luther Boyd decd Jan 28 1867
Delaware and State of Ohio do make and publish
this my last will and testament.
Item 1" I devise and bequeath to my daughter
Hannah Bennett two Hundred dollars.
Item 2" I devise and bequeath to my daughter
Diana Callahan Thirty acres of land well fenced
to be taken out of my farm directly opposit and
across the road from lands owned by my said
daughter Diana, also devise and bequeath to my
said daughter Diana Callahan one cow and twenty
ewe sheep and all the House hold furniture at
my death.
Item 3" I devise and bequeath to my son Levi
Boyd eighty acres of land to include the homestead
which I now occupy extending across my whole
farm from North to South lying directly East of the
lot devised to my said daughter Diana Callahan I
also devise and bequeath to my said Son Levi Boyd
the balance of the sheep and the old mare.
Item 4 I devise and bequeath to my son Luther boyd Jr
Sixty three acres of land to be taken from my home
farm on the east side thereof running across the same
from north to South. I also devise and bequeath to
my said son Luther boyd Jr two colts and one cow and
all my wearing apparrel.
Item 5 I devise and bequeath to my daughter Mary
Wilson two hundred dollars.
Item 6 I devise and bequeath to my Son William
Boyds heir's one dollar to be paid when it becomes
of age
Item 7" I devise and bequeath to my son David
Boyd fifty dollars.
Item 8" I devise and bequeath to my Son
Abraham Boyd Fifty dollars.
Item 9" I devise and bequeath to my son Levi
Boyd all the money, credits Notes and accounts owned
by me at the decease the said Levi Boyd being the
same person named in the 3" item of my will
Item 10" I do hereby nominate and appoint my
son Levi Boyd 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 and upon
such terms of credit or otherwise as he may think
[corresponds to labeled page 311 of Will Records Vol. 4 - 1859-1869]
311
Record of the Will of Luther Boyd decd Jan 28 1867
Delaware and State of Ohio do make and publish
this my last will and testament.
Item 1" I devise and bequeath to my daughter
Hannah Bennett two Hundred dollars.
Item 2" I devise and bequeath to my daughter
Diana Callahan Thirty acres of land well fenced
to be taken out of my farm directly opposit and
across the road from lands owned by my said
daughter Diana, also devise and bequeath to my
said daughter Diana Callahan one cow and twenty
ewe sheep and all the House hold furniture at
my death.
Item 3" I devise and bequeath to my son Levi
Boyd eighty acres of land to include the homestead
which I now occupy extending across my whole
farm from North to South lying directly East of the
lot devised to my said daughter Diana Callahan I
also devise and bequeath to my said Son Levi Boyd
the balance of the sheep and the old mare.
Item 4 I devise and bequeath to my son Luther boyd Jr
Sixty three acres of land to be taken from my home
farm on the east side thereof running across the same
from north to South. I also devise and bequeath to
my said son Luther boyd Jr two colts and one cow and
all my wearing apparrel.
Item 5 I devise and bequeath to my daughter Mary
Wilson two hundred dollars.
Item 6 I devise and bequeath to my Son William
Boyds heir's one dollar to be paid when it becomes
of age
Item 7" I devise and bequeath to my son David
Boyd fifty dollars.
Item 8" I devise and bequeath to my Son
Abraham Boyd Fifty dollars.
Item 9" I devise and bequeath to my son Levi
Boyd all the money, credits Notes and accounts owned
by me at the decease the said Levi Boyd being the
same person named in the 3" item of my will
Item 10" I do hereby nominate and appoint my
son Levi Boyd 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 and upon
such terms of credit or otherwise as he may think
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 344)
Description
[page 344]
[corresponds to labeled page 312 of Will Records Vol. 4 - 1859-1869]
312
Record of the Will of Luther Boyd decd January 28" 1867
proper all or any part of my real Estate and Deeds
to purchase to execute acknowledge and deliver in fee
Simple _ I do hereby revoke all former wills by me made
in testimony hereof I have hereunto set my
hand and seal this 28" day of May in the year of our
Lord one thousand eight hundred and Sixty Six.
Luther Boyd {seal}
Signed and acknowledged by said Luther Boyd as his
last will and testament in our presence and Signed
by us in his presence. C. M. Elsbree
{U.S. Stamps} Gustavus Elsbree
{4.$ Jan 28" 1867}
{T.W.P } The State of Ohio } In the matter of the
Delaware County ss} last will and testament
of Luther Boyd of
Orange Township Deceased.
We Ciciro M Elsbree and Gustavus
Elsbree being duly sworn in open Court this 28" day of
January A.D. 1867, depose and say, that we were
present at the execution of the last will and testa=
=ment of Luther Boyd 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.
C.M. Elsbree
Gustavus Elsbree
Sworn to and Subscribed before me in the Probate
Court this 28" day of January A.D. 1867
T.W. Powell Probate Judge
____________________________________________
[corresponds to labeled page 312 of Will Records Vol. 4 - 1859-1869]
312
Record of the Will of Luther Boyd decd January 28" 1867
proper all or any part of my real Estate and Deeds
to purchase to execute acknowledge and deliver in fee
Simple _ I do hereby revoke all former wills by me made
in testimony hereof I have hereunto set my
hand and seal this 28" day of May in the year of our
Lord one thousand eight hundred and Sixty Six.
Luther Boyd {seal}
Signed and acknowledged by said Luther Boyd as his
last will and testament in our presence and Signed
by us in his presence. C. M. Elsbree
{U.S. Stamps} Gustavus Elsbree
{4.$ Jan 28" 1867}
{T.W.P } The State of Ohio } In the matter of the
Delaware County ss} last will and testament
of Luther Boyd of
Orange Township Deceased.
We Ciciro M Elsbree and Gustavus
Elsbree being duly sworn in open Court this 28" day of
January A.D. 1867, depose and say, that we were
present at the execution of the last will and testa=
=ment of Luther Boyd 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.
C.M. Elsbree
Gustavus Elsbree
Sworn to and Subscribed before me in the Probate
Court this 28" day of January A.D. 1867
T.W. Powell Probate Judge
____________________________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 345)
Description
[page 345]
[corresponds to labeled page 313 of Will Records Vol. 4 - 1859-1869]
313
Record of Will of William Stiles deceased February 26" 1867
Proceedings had before Thomas W. Powell 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 26" day of February
A.D. 1867.
On motion of Mr. John F Randolph, on behalf
of the divisees, presented to the Court the authenticated copy of
the will and testament of William Stiles late of the County of
Monongalia in the State of Virginia deceased, now produced in
open court, duly proved and admitted to record in the said
county of Monongalia in the State of Virginia, according to the
laws of the said State of Virginia and having relation to
property in this county; and upon consideration thereof the
court now orders that the said authenticated copy of the said
record of the said will be admitted and recorded among the
records of Wills of this County _ Which is as follows to wit.
I William Stiles of the County of
Monongalia, State of Virginia being in languishing state
of health but sound in memory and understanding
Thanks be to Almighty God for the same, do make and constitute
this my last and will and Testament.
Item: I will and bequeath to my sons viz: Stephen,
Thomas and Benjamin the tract of land on which I now
reside being Three hundred and eight acres to be divided
between them as follows; (to wit) My son Stephen to have for
his one hundred and twenty six acres off the lower end
including his present residence and to be bounded as
follows Beginning at a white oak and hickory corner to
John W. Wiley thence with said Wileys line up the creek at
the bend, thence to leave the original line and to follow
the meanders of Dunkard Creek to the line above the Ford
thence to leave the creek and to run a straight line outside
of and by the Sheepfold fence to the upper and of said fence
there to a corner, thence to strike a straight line to the
Bradford line so as to make the number of acres required
then to follow the out line to the beginning:
The balance of my above described tract of land containing
about 280 acres to be equally divided between my sons
Thomas and Benjamin
2nd I will and bequeath to my grandson John Randolph
a tract of Two hundred acres of land in the County of
Delaware and State of Ohio it being the same land
which his father Marchfitz Randolph now lives on.
3rd Tis my will that all my personal property be sold
at public vendue soon after my decease the proceeds of
which sale together with all dues and demands that
may be forthcoming to me, and all the ready money that
I may be possessed of at my decease, I bequeath equally
[corresponds to labeled page 313 of Will Records Vol. 4 - 1859-1869]
313
Record of Will of William Stiles deceased February 26" 1867
Proceedings had before Thomas W. Powell 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 26" day of February
A.D. 1867.
On motion of Mr. John F Randolph, on behalf
of the divisees, presented to the Court the authenticated copy of
the will and testament of William Stiles late of the County of
Monongalia in the State of Virginia deceased, now produced in
open court, duly proved and admitted to record in the said
county of Monongalia in the State of Virginia, according to the
laws of the said State of Virginia and having relation to
property in this county; and upon consideration thereof the
court now orders that the said authenticated copy of the said
record of the said will be admitted and recorded among the
records of Wills of this County _ Which is as follows to wit.
I William Stiles of the County of
Monongalia, State of Virginia being in languishing state
of health but sound in memory and understanding
Thanks be to Almighty God for the same, do make and constitute
this my last and will and Testament.
Item: I will and bequeath to my sons viz: Stephen,
Thomas and Benjamin the tract of land on which I now
reside being Three hundred and eight acres to be divided
between them as follows; (to wit) My son Stephen to have for
his one hundred and twenty six acres off the lower end
including his present residence and to be bounded as
follows Beginning at a white oak and hickory corner to
John W. Wiley thence with said Wileys line up the creek at
the bend, thence to leave the original line and to follow
the meanders of Dunkard Creek to the line above the Ford
thence to leave the creek and to run a straight line outside
of and by the Sheepfold fence to the upper and of said fence
there to a corner, thence to strike a straight line to the
Bradford line so as to make the number of acres required
then to follow the out line to the beginning:
The balance of my above described tract of land containing
about 280 acres to be equally divided between my sons
Thomas and Benjamin
2nd I will and bequeath to my grandson John Randolph
a tract of Two hundred acres of land in the County of
Delaware and State of Ohio it being the same land
which his father Marchfitz Randolph now lives on.
3rd Tis my will that all my personal property be sold
at public vendue soon after my decease the proceeds of
which sale together with all dues and demands that
may be forthcoming to me, and all the ready money that
I may be possessed of at my decease, I bequeath equally
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 346)
Description
[page 346]
[corresponds to labeled page 314 of Will Records Vol. 4 - 1859-1869]
314
Record of the Will of William Stiles deceased February 26" 1867.
to my three sons viz: Stephen, Thomas and Benjamin but of
which I require them to pay the children of my daughter
Cassandra Randolph the sum of four hundred dollars
giving each heir as he or she shall become of age their
propotional share of same:
4" I give and bequeath to my daughter Sarah Bland
one Dollar to be paid her out of any money that may
be in the hands of my Executors:
5" I give and bequeath to my son John Stiles one dollar
to be paid him out of any money that may be in
the hands of my Executor:
6" I give and bequeath to my daughter Elizabeth Cross
one dollar to be paid her out of any money that may
be in the hands of my Executor:
7" I hereby nominate and appoint my son Thomas Stiles
my Executor of this my last will and testament
I publish and declare this and none other to
be my last will and testament, In testimony whereof
I have hereunto set my hand and seal this 26" day
of Feb,y 1850 William Stiles {seal}
signed in presence of us,
Azariah Harker.
Isaac Wise.
Wm H Doty.
At a monthly Court held in and
for Monongalia County at the Court of said County
on Monday the 24" day of May in the year 1852 and 76 years
of the Commonwealth.
A paper writing purporting to be the last
will and Testament of William Stiles was this day produced
to the Court, duly proved by the oath of and examination
of Azariah Harker, Isaac Wise and William H Doty subscribing
witnesses thereto, and admitted to Record
State of West Virginia }
Monongalia County } Ss
I Augustus Haymond
Clerk of the Circuit Court for the County of Monongalia
and State aforesaid do hereby certify that the foregoing is
a true Copy of the Will of William Stiles deceased and
order admitting said Will to probate in the late County
Court of Monongalia County Virginia now the state of
West Virginia. I further certify that I am the proper custodian
of the records the late County Court, In testimony whereof I have hereunto set
my hand and affixed the official seal of my said Circuit
Court at Morgantown in said County of Mongalia and State
{seal} of West Virginia this 23 day of February AD 1867
{U.S. Stamp} A Haymond Clerk
{ .5 cents}
[corresponds to labeled page 314 of Will Records Vol. 4 - 1859-1869]
314
Record of the Will of William Stiles deceased February 26" 1867.
to my three sons viz: Stephen, Thomas and Benjamin but of
which I require them to pay the children of my daughter
Cassandra Randolph the sum of four hundred dollars
giving each heir as he or she shall become of age their
propotional share of same:
4" I give and bequeath to my daughter Sarah Bland
one Dollar to be paid her out of any money that may
be in the hands of my Executors:
5" I give and bequeath to my son John Stiles one dollar
to be paid him out of any money that may be in
the hands of my Executor:
6" I give and bequeath to my daughter Elizabeth Cross
one dollar to be paid her out of any money that may
be in the hands of my Executor:
7" I hereby nominate and appoint my son Thomas Stiles
my Executor of this my last will and testament
I publish and declare this and none other to
be my last will and testament, In testimony whereof
I have hereunto set my hand and seal this 26" day
of Feb,y 1850 William Stiles {seal}
signed in presence of us,
Azariah Harker.
Isaac Wise.
Wm H Doty.
At a monthly Court held in and
for Monongalia County at the Court of said County
on Monday the 24" day of May in the year 1852 and 76 years
of the Commonwealth.
A paper writing purporting to be the last
will and Testament of William Stiles was this day produced
to the Court, duly proved by the oath of and examination
of Azariah Harker, Isaac Wise and William H Doty subscribing
witnesses thereto, and admitted to Record
State of West Virginia }
Monongalia County } Ss
I Augustus Haymond
Clerk of the Circuit Court for the County of Monongalia
and State aforesaid do hereby certify that the foregoing is
a true Copy of the Will of William Stiles deceased and
order admitting said Will to probate in the late County
Court of Monongalia County Virginia now the state of
West Virginia. I further certify that I am the proper custodian
of the records the late County Court, In testimony whereof I have hereunto set
my hand and affixed the official seal of my said Circuit
Court at Morgantown in said County of Mongalia and State
{seal} of West Virginia this 23 day of February AD 1867
{U.S. Stamp} A Haymond Clerk
{ .5 cents}
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 347)
Description
[page 347]
[corresponds to labeled page 315 of Will Records Vol. 4 - 1859-1869]
Record of the Will of William Cunnningham deceased
Proceedings had before Thomas W Powell 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 1st day of March 1867.
Will and estate of William Cunningham on
the 16" day of February 1867. this day Josiah Cunningham
presented the last will and testament of William Cunningham
late of Brown Township deceased for Probate and record
Thereuopn John G. Strain one of the attesting witnessees to
the said will came in to Court and was duly sworn and
examined, and his testimony reduced to writing and
annexed to the will. And it appearing to the Court that
Milton Sackett the other attesting witness was now
residing at Gilead in Wood County, Ohio, the Court upon
motion therefore issued a commission with the will
annexed, to James P Katon of Wood County to take
the testimony of the said Milton Sackett as witness to
the said will. This matter is continued until the return
of the said commission. T.W. Powell Probate Judge
March 1" 1867.
This day the commission heretofore issued to James P
Katon to take the testimony of Milton Sackett was returned
duly executed and the testimony of the Milton Sackett
duly taken and reduced to writing and returned with
the will, and now on file in this Court and it now
appearing to the Court, that the said will was duly executed
and attested, and 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 on consideration
thereof the court orders, that the said will be admitted to
probate as duly proved as the last will and testament
of the said William Cunningham decd and ordered to be
recorded as such.
Thereupon Josiah Cunningham one of the
executors named in the said will (the other executor declining to act)
came into Court, and was admitted and qualified as
executor of the said will, and gave bonds in the sum of
$2000. with Thomas Humes and Isaac Simpson as his sureties
Letters issued and accepted. No appraisers at present
T.W. Powell Probate Judge
(Copy of Will to wit:)
Will
I William Cunningham of Delaware County State
of Ohio being of sound and deposing mind memory and
understanding, do make this my last will and testament
hereby revoking or making void all former of last will &
testaments by me heretofore made.
[corresponds to labeled page 315 of Will Records Vol. 4 - 1859-1869]
Record of the Will of William Cunnningham deceased
Proceedings had before Thomas W Powell 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 1st day of March 1867.
Will and estate of William Cunningham on
the 16" day of February 1867. this day Josiah Cunningham
presented the last will and testament of William Cunningham
late of Brown Township deceased for Probate and record
Thereuopn John G. Strain one of the attesting witnessees to
the said will came in to Court and was duly sworn and
examined, and his testimony reduced to writing and
annexed to the will. And it appearing to the Court that
Milton Sackett the other attesting witness was now
residing at Gilead in Wood County, Ohio, the Court upon
motion therefore issued a commission with the will
annexed, to James P Katon of Wood County to take
the testimony of the said Milton Sackett as witness to
the said will. This matter is continued until the return
of the said commission. T.W. Powell Probate Judge
March 1" 1867.
This day the commission heretofore issued to James P
Katon to take the testimony of Milton Sackett was returned
duly executed and the testimony of the Milton Sackett
duly taken and reduced to writing and returned with
the will, and now on file in this Court and it now
appearing to the Court, that the said will was duly executed
and attested, and 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 on consideration
thereof the court orders, that the said will be admitted to
probate as duly proved as the last will and testament
of the said William Cunningham decd and ordered to be
recorded as such.
Thereupon Josiah Cunningham one of the
executors named in the said will (the other executor declining to act)
came into Court, and was admitted and qualified as
executor of the said will, and gave bonds in the sum of
$2000. with Thomas Humes and Isaac Simpson as his sureties
Letters issued and accepted. No appraisers at present
T.W. Powell Probate Judge
(Copy of Will to wit:)
Will
I William Cunningham of Delaware County State
of Ohio being of sound and deposing mind memory and
understanding, do make this my last will and testament
hereby revoking or making void all former of last will &
testaments by me heretofore made.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 348)
Description
[page 348]
[corresponds to labeled page 316 of Will Records Vol. 4 - 1859-1869]
316
Record of the Will of William Cunningham deceased
1st It is my will that all my just debts & funeral
expence be paid.
2nd I give and bequeath to my three beloved daughters
Lydia G Elliott Ester Emerson & Hannah J Cunningham
to be equally owned between them as tenants in common
the farm or lot on which I now live situated in
range 18 Township five section three SE pt lot 16 U S M
with all the household furnature and all my other
personal property.
3d I give and bequeath to my two sons Josiah & William C
Cunningham to be equally owned between them as
tenants in common my farm of one hundred & fifty
acres situated in Delaware County State of Ohio and in
range 18 Township five (5) Section three (3) SE far lots
6 & 7 United States Military survey To be divided as follows
my son Josiah Cunningham to have the east half of
lot seven (7) and south half of lot six (6) except twenty
five feet off the west end of lot six (6) which is to be left for
a road and my son William C. Cunningham to have west
half of lot seven (7) and north half of lot six (6) and
I do hereby mention and appoint my sons Josiah
Cunningham and William C. Cunningham executors to this
my last will and testament Josiah & William C Cunningham
to pay my funeral expences.
I witness whereof I William Cunningham
hereto subscribed my name & affix my seal this 31st day of
Aug in the year one thousand eight hundred & sixty six
Wm Cunningham {seal}
Signed seal & declared by said William Cunningham to be
his last will & testament in presents for who at his request & in
his pres- we subscribed our names as witness hereto in the pre.
of any other M Sackett
{U.S. Stamps} John G. Strain
{$4.50 March 1867}
{ T.W.P }
In the matter of the last will and
testament of William Cunningham late
of Brown Township deceased, I John G Strain being sworn
in open court this 16th day of February A.D. 1867 depose and
say that we this deponent & Milton Sackett were present
at the execution of the last will and testament of William
Cunningham of Brown 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
[corresponds to labeled page 316 of Will Records Vol. 4 - 1859-1869]
316
Record of the Will of William Cunningham deceased
1st It is my will that all my just debts & funeral
expence be paid.
2nd I give and bequeath to my three beloved daughters
Lydia G Elliott Ester Emerson & Hannah J Cunningham
to be equally owned between them as tenants in common
the farm or lot on which I now live situated in
range 18 Township five section three SE pt lot 16 U S M
with all the household furnature and all my other
personal property.
3d I give and bequeath to my two sons Josiah & William C
Cunningham to be equally owned between them as
tenants in common my farm of one hundred & fifty
acres situated in Delaware County State of Ohio and in
range 18 Township five (5) Section three (3) SE far lots
6 & 7 United States Military survey To be divided as follows
my son Josiah Cunningham to have the east half of
lot seven (7) and south half of lot six (6) except twenty
five feet off the west end of lot six (6) which is to be left for
a road and my son William C. Cunningham to have west
half of lot seven (7) and north half of lot six (6) and
I do hereby mention and appoint my sons Josiah
Cunningham and William C. Cunningham executors to this
my last will and testament Josiah & William C Cunningham
to pay my funeral expences.
I witness whereof I William Cunningham
hereto subscribed my name & affix my seal this 31st day of
Aug in the year one thousand eight hundred & sixty six
Wm Cunningham {seal}
Signed seal & declared by said William Cunningham to be
his last will & testament in presents for who at his request & in
his pres- we subscribed our names as witness hereto in the pre.
of any other M Sackett
{U.S. Stamps} John G. Strain
{$4.50 March 1867}
{ T.W.P }
In the matter of the last will and
testament of William Cunningham late
of Brown Township deceased, I John G Strain being sworn
in open court this 16th day of February A.D. 1867 depose and
say that we this deponent & Milton Sackett were present
at the execution of the last will and testament of William
Cunningham of Brown 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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 349)
Description
[page 349]
[corresponds to labeled page 317 of Will Records Vol. 4 - 1859-1869]
317
Record of the Will of William Cunningham deceased
the time of executing the same 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 others
John G. Strain
Sworn to and Subscribed before me in the Probate Court
this 16th day of February A.D. 1867 as to John Strain
T.W. Powell Pro Judge
The State of Ohio}
Delaware County Ss} In the Probate Court
To Mr. James Katon of Woods County.
Ohio, You are hereby authorized and empowered to take
the testimony of Milton Sackett of Gilead in Wood
County Ohio, as witness to the last will and
testament of William Cunningham hereto annexed
as to the execution and attestation of the said will
and reduce his testimony to writing under his solemn
oath, which you are hereby authorized to administer
to him; and then make return of thereof under
your hand and seal to this Court, and for so doing
this shall be our sufficient authority and
commission.
In witness whereof I have hereunto set
my hand and the seal of the said Probate
Court at Delaware, Ohio this 19th day of
February 1867
T.W. Powell Probate Judge
Return to this Commission
I the within named James Katon hereby
return and certify that in pursuance of authority of
the within commission I caused the within Milton
Sackett to come before me; and who was by me duly
sworn to testify the truth, the whole truth and nothing
but the truth, and whose testimony is reduced to
writing by me and annexed to the said will and by him
signed. All of which, together with the said will is now
under my seal returned to said Probate Court for Delaware
County at Delaware, Ohio.
Witness my hand this 23 day of February
AD 1867.
James P. Katon Commissioner
The State of Ohio }
Delaware County Ss } In the matter of the last will and
testament of William Cunningham
of Brown Township Delaware County deceased.
Milton Sackett being duly sworn by James
[corresponds to labeled page 317 of Will Records Vol. 4 - 1859-1869]
317
Record of the Will of William Cunningham deceased
the time of executing the same 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 others
John G. Strain
Sworn to and Subscribed before me in the Probate Court
this 16th day of February A.D. 1867 as to John Strain
T.W. Powell Pro Judge
The State of Ohio}
Delaware County Ss} In the Probate Court
To Mr. James Katon of Woods County.
Ohio, You are hereby authorized and empowered to take
the testimony of Milton Sackett of Gilead in Wood
County Ohio, as witness to the last will and
testament of William Cunningham hereto annexed
as to the execution and attestation of the said will
and reduce his testimony to writing under his solemn
oath, which you are hereby authorized to administer
to him; and then make return of thereof under
your hand and seal to this Court, and for so doing
this shall be our sufficient authority and
commission.
In witness whereof I have hereunto set
my hand and the seal of the said Probate
Court at Delaware, Ohio this 19th day of
February 1867
T.W. Powell Probate Judge
Return to this Commission
I the within named James Katon hereby
return and certify that in pursuance of authority of
the within commission I caused the within Milton
Sackett to come before me; and who was by me duly
sworn to testify the truth, the whole truth and nothing
but the truth, and whose testimony is reduced to
writing by me and annexed to the said will and by him
signed. All of which, together with the said will is now
under my seal returned to said Probate Court for Delaware
County at Delaware, Ohio.
Witness my hand this 23 day of February
AD 1867.
James P. Katon Commissioner
The State of Ohio }
Delaware County Ss } In the matter of the last will and
testament of William Cunningham
of Brown Township Delaware County deceased.
Milton Sackett being duly sworn by James
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 350)
Description
[page 350]
[corresponds to labeled page 318 of Will Records Vol. 4 - 1859-1869]
318.
Record of the Will of William Cunningham deceased
Katon Commissioner Ss this day of A.D. 1867
depose and say that we this deponent and John G Strain
were present at the execution of the last will and
testament of William Cunningham of Brown Township
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 as witnesses at his request and in his presence
M Sackett
Sworn to and subscribed before me the said commissioner
this 23 day of February AD 1867.
James P Katon Commissioner
_________________________________
_________________________________
Record of the Will and Codicil of Tobias H. Michell deceased
Proceedings had before Thomas W. Powell 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 February A.D. 1867.
This day the last will and testament and
the Codicil thereto of Tobias H. Michell late of Delaware
Township in this county. decd was presented to the court
for probate and record. Thereupon Daniel Dike and Jasper
C. Avery as witnesses to the said will and Jasper C Avery
and Charles K. McElroy as witnesses to the said Codicil came
into Court and were duly sworn and examined and their
testimony reduced to writing, and now annexed to the said
will and Codicil and filed therewith, and it appearing to
the court that the said Will and Codicil were duly executed
and attested, and that the said testator at the several times
of executing the same, was of full age, and of sound mind
and memory and not under any restraint. Thereupon the
Court, upon consideration orders that the said will and
Codicil be admitted to probate as duly proved as the last
will and testament of the said Tobias K. Michell deced and
ordered to be recorded as such.
Thereupon Lydia D. Michell and Charlotte M.
Michell the executors named in the will appeared in
Court and accepted letters testamentary on the said
will and estate; and which were issued to them
with a copy of the said will and codicil duly
certified And the Court upon consideration
and at the request of the heirs and the court being
[corresponds to labeled page 318 of Will Records Vol. 4 - 1859-1869]
318.
Record of the Will of William Cunningham deceased
Katon Commissioner Ss this day of A.D. 1867
depose and say that we this deponent and John G Strain
were present at the execution of the last will and
testament of William Cunningham of Brown Township
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 as witnesses at his request and in his presence
M Sackett
Sworn to and subscribed before me the said commissioner
this 23 day of February AD 1867.
James P Katon Commissioner
_________________________________
_________________________________
Record of the Will and Codicil of Tobias H. Michell deceased
Proceedings had before Thomas W. Powell 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 February A.D. 1867.
This day the last will and testament and
the Codicil thereto of Tobias H. Michell late of Delaware
Township in this county. decd was presented to the court
for probate and record. Thereupon Daniel Dike and Jasper
C. Avery as witnesses to the said will and Jasper C Avery
and Charles K. McElroy as witnesses to the said Codicil came
into Court and were duly sworn and examined and their
testimony reduced to writing, and now annexed to the said
will and Codicil and filed therewith, and it appearing to
the court that the said Will and Codicil were duly executed
and attested, and that the said testator at the several times
of executing the same, was of full age, and of sound mind
and memory and not under any restraint. Thereupon the
Court, upon consideration orders that the said will and
Codicil be admitted to probate as duly proved as the last
will and testament of the said Tobias K. Michell deced and
ordered to be recorded as such.
Thereupon Lydia D. Michell and Charlotte M.
Michell the executors named in the will appeared in
Court and accepted letters testamentary on the said
will and estate; and which were issued to them
with a copy of the said will and codicil duly
certified And the Court upon consideration
and at the request of the heirs and the court being
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 351)
Description
[page 351]
[corresponds to labeled page 319 of Will Records Volume 4 1859 - 1869]
319
Record of Will and Codicil of Tobias K. Michell decd
satisfied therewith, do not for the present require
bonds or appraisement of the Estate but leaves the
same subject to any others on further order of the Court
T W Powell Probate Judge
(Copy of the will)
I Tobias H. Michell, formerly
of Redruth Cornwall England now of Delaware, Delaware
County, Ohio, do make and publish this my last will
and testament, revoking all former wills and testaments
heretofore made by me.
I give and bequeath all the property,
estate, bonds choses of action of every description whatever
which I shall leave at my death, and whatever else
shall at that period belong to me, to my five younger
daughters or the survivors (upon the death of one
or any of said five) to be held for their joint use
and support for the time and purposes and under
the conditions hereafter set out and expressed
My said five younger daughters shall hold
and enjoy the foregoing bequest in common and
so long as any one of them shall consent to reside
in a common home; if one or more of my said
five younger daughters marry or cease to reside in
said common home her or their interest herein devised
is to cease, and all the property herein bequeathed
is to remain with and belong to those of the
said five, or the sole remaining unmarried one,
who resides in and keeps up that common home, this
bequest being intended by me, for the sustenance and
support of said five daughters in a common home
and not to be held and enjoyed in whole or
in part by any of my said five daughters
who leave said common home and reside elsewhere
Should any one of my said five daughters
who do not marry leave said common home for
a residence elsewhere, and subsequently, being unmarried
return to reside in said common home and resume
the duties incumbent thereon, then I direct that upon
such return of said unmarried daughter, she shall
become reinvested with, and entitled to, an equal right
with the other inmates of said common home to an
enjoyment of said bequest herein before set out not
however claiming the interest without a resumption
and excise of all the duties devolving upon her.
I do not limit or restrict my said five
younger daughters in the choice or locality of their
common home - If my said five daughters or
[corresponds to labeled page 319 of Will Records Volume 4 1859 - 1869]
319
Record of Will and Codicil of Tobias K. Michell decd
satisfied therewith, do not for the present require
bonds or appraisement of the Estate but leaves the
same subject to any others on further order of the Court
T W Powell Probate Judge
(Copy of the will)
I Tobias H. Michell, formerly
of Redruth Cornwall England now of Delaware, Delaware
County, Ohio, do make and publish this my last will
and testament, revoking all former wills and testaments
heretofore made by me.
I give and bequeath all the property,
estate, bonds choses of action of every description whatever
which I shall leave at my death, and whatever else
shall at that period belong to me, to my five younger
daughters or the survivors (upon the death of one
or any of said five) to be held for their joint use
and support for the time and purposes and under
the conditions hereafter set out and expressed
My said five younger daughters shall hold
and enjoy the foregoing bequest in common and
so long as any one of them shall consent to reside
in a common home; if one or more of my said
five younger daughters marry or cease to reside in
said common home her or their interest herein devised
is to cease, and all the property herein bequeathed
is to remain with and belong to those of the
said five, or the sole remaining unmarried one,
who resides in and keeps up that common home, this
bequest being intended by me, for the sustenance and
support of said five daughters in a common home
and not to be held and enjoyed in whole or
in part by any of my said five daughters
who leave said common home and reside elsewhere
Should any one of my said five daughters
who do not marry leave said common home for
a residence elsewhere, and subsequently, being unmarried
return to reside in said common home and resume
the duties incumbent thereon, then I direct that upon
such return of said unmarried daughter, she shall
become reinvested with, and entitled to, an equal right
with the other inmates of said common home to an
enjoyment of said bequest herein before set out not
however claiming the interest without a resumption
and excise of all the duties devolving upon her.
I do not limit or restrict my said five
younger daughters in the choice or locality of their
common home - If my said five daughters or
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 352)
Description
[page 352]
[corresponds to labeled page 320 of Will Record Volume 4 1859 - 1869]
320
Record of Will and Codicil of Tobias H. Michell decd
survivors desire to change said common home this
place and circumstances of such removal, shall be
decided by vote a majority to rule and regulate
the time, place and circumstances of such change
I hereby charge my executors, that
this common home, for my said five younger daughters
shall be kept up so long as there is one willing and able to
keep and occupy it and that all the estate estate
which I shall leave is bequeathed for the support of
said five daughters, so long as they are unmarried
and occupy said common home.
Upon the death of any one of said
daughters the interest of said daughter in this bequest
ceases and goes to the survivor or survivors of said five
unmarried daughters occupying this common home.
Upon the marriage of any one of said
five daughters, her interest in this bequest ceases, and
goes to the surviving daughter or daughters occupying this
common home.
Upoon the death of my last surviving
single daughter, then all property soever that I may
leave shall be, and become, the property of my youngest
son Ravenscroft Michell.
I appoint my two eldest single
daughters living at my death to be my executors, and
request and direct that no security be required of them
by the Probate Court.
Should any of my said five younger
daughters marry or die before me then her or their interest
in this bequest ceases, and goes to the survivors or survivor
of said five daughters, subject to the conditions herein before
set out of residing in a common home and being
unmarried.
I witness whereof I have hereunto set my
hand and seal this 11th day of June A.D. 1863.
T. H. Michell
Published and signed by the testator in our presence on
the 11th day of June A.D. 1863.
Daniel Dike
J. C. Avery
The State of Ohio }
Delaware County SS } In the matter of the last Will and
testament of Tobias H. Michell late of
Delaware Township deceased.
We Daniel Dike and Jasper C.
Avery being duly sworn in open court this 26th day
of Feburary A.D. 1863 depose and say, that we were
[corresponds to labeled page 320 of Will Record Volume 4 1859 - 1869]
320
Record of Will and Codicil of Tobias H. Michell decd
survivors desire to change said common home this
place and circumstances of such removal, shall be
decided by vote a majority to rule and regulate
the time, place and circumstances of such change
I hereby charge my executors, that
this common home, for my said five younger daughters
shall be kept up so long as there is one willing and able to
keep and occupy it and that all the estate estate
which I shall leave is bequeathed for the support of
said five daughters, so long as they are unmarried
and occupy said common home.
Upon the death of any one of said
daughters the interest of said daughter in this bequest
ceases and goes to the survivor or survivors of said five
unmarried daughters occupying this common home.
Upon the marriage of any one of said
five daughters, her interest in this bequest ceases, and
goes to the surviving daughter or daughters occupying this
common home.
Upoon the death of my last surviving
single daughter, then all property soever that I may
leave shall be, and become, the property of my youngest
son Ravenscroft Michell.
I appoint my two eldest single
daughters living at my death to be my executors, and
request and direct that no security be required of them
by the Probate Court.
Should any of my said five younger
daughters marry or die before me then her or their interest
in this bequest ceases, and goes to the survivors or survivor
of said five daughters, subject to the conditions herein before
set out of residing in a common home and being
unmarried.
I witness whereof I have hereunto set my
hand and seal this 11th day of June A.D. 1863.
T. H. Michell
Published and signed by the testator in our presence on
the 11th day of June A.D. 1863.
Daniel Dike
J. C. Avery
The State of Ohio }
Delaware County SS } In the matter of the last Will and
testament of Tobias H. Michell late of
Delaware Township deceased.
We Daniel Dike and Jasper C.
Avery being duly sworn in open court this 26th day
of Feburary A.D. 1863 depose and say, that we were
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 353)
Description
[page 353]
[corresonds to labeled page 321 of Will Record Volume 4 1859-1869]
321
Record of Will and Codicil of Tobias H. Michell decd
present at the execution of the last will and
testament of Tobias H. Michell of Delaware, Ohio
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. Daniel Dike
J. C. Avery
Sworn to and subscribed before me in the probate
Court this 26th day of February A.D. 1867
T. W. Powell Probate
(Copy of Codicil)
Whereas I Tobias H.
Michell on the ____ day of ____ in the year 1863 made
my last will and testament of that day, do
hereby declare the following to be a Codicil to
the same.
Should my property as devised & bequeathed
in said will, fall under the provisions of
the same to my son Ravenscroft Michell, I
further give and devise the upon the death
of my said son Ravenscroft to his issue by
lawful marriage; should he die without issue
by lawful marriage, I give & devise the same
to my son Henry Michell & to his heirs forever
In testimony hereof I have
hereunto set my hand & seal this 21st day of May
A.D. 1866.
{ S S } T. H. Michell
Signed & acknowledged by said Tobias H
Michell as a Codicil to his last will & testament
in our presence & signed by us in his presence
J. C. Avery
C. H. McElroy
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of Tobias H. Michell
late of Delaware deceased
Mr. Jasper C. Avery and Charles H.
[corresonds to labeled page 321 of Will Record Volume 4 1859-1869]
321
Record of Will and Codicil of Tobias H. Michell decd
present at the execution of the last will and
testament of Tobias H. Michell of Delaware, Ohio
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. Daniel Dike
J. C. Avery
Sworn to and subscribed before me in the probate
Court this 26th day of February A.D. 1867
T. W. Powell Probate
(Copy of Codicil)
Whereas I Tobias H.
Michell on the ____ day of ____ in the year 1863 made
my last will and testament of that day, do
hereby declare the following to be a Codicil to
the same.
Should my property as devised & bequeathed
in said will, fall under the provisions of
the same to my son Ravenscroft Michell, I
further give and devise the upon the death
of my said son Ravenscroft to his issue by
lawful marriage; should he die without issue
by lawful marriage, I give & devise the same
to my son Henry Michell & to his heirs forever
In testimony hereof I have
hereunto set my hand & seal this 21st day of May
A.D. 1866.
{ S S } T. H. Michell
Signed & acknowledged by said Tobias H
Michell as a Codicil to his last will & testament
in our presence & signed by us in his presence
J. C. Avery
C. H. McElroy
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of Tobias H. Michell
late of Delaware deceased
Mr. Jasper C. Avery and Charles H.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 354)
Description
[page 354]
[corresponds to labeled page 322 of Will Record Volume 4 1859 - 1869]
322
Record of the Will and Codicil of Tobias H. Michell decd
McElroy being duly sworn in open Court this 26th
day of February A.D. 1867, depose and say that
we were present at the execution of the Codicil
to the last will and testament of Tobias H.
Michell of Delaware Ohio hereto annexed; that we
saw the said testator subscribe said Codicil to said
Will and heard him publish and declare the
same to be his last will and testament, and that
the said testator at the time of executing the
same was of full age and of sound mind
and memory and not under any restraint
and that we signed the same as witnesses
at his request and in his presence and
in the presence of each other.
{ U. S. Stamps } J. C. Avery
{ $ 4.50 March }
{ 26" ,67 T.W.P. } Charles H. McElroy
Sworn to and subscribed before me
in the Probate Court this 26th day of February
A.D. 1867.
T. W. Powell Probate Judge
_______________________________
_______________________________
Record of the Will of John A. Graham deceased
Proceedings had before Thomas W. Powell
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 16th day of
March A.D. 1867.
This day the last will and testament
of John A. Graham late of Thompson Township
deceased, was presented to the Court for probate
and record. Thereupon Charles Hill and Candis
A. Hill the two subscribing witnesses to the said will
and 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
the said will was duly executed and attested
and that the said testator at the time of execution
was of full age, and of sound mind and
memory and not under any restraint, thereupon 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 A. Graham
[corresponds to labeled page 322 of Will Record Volume 4 1859 - 1869]
322
Record of the Will and Codicil of Tobias H. Michell decd
McElroy being duly sworn in open Court this 26th
day of February A.D. 1867, depose and say that
we were present at the execution of the Codicil
to the last will and testament of Tobias H.
Michell of Delaware Ohio hereto annexed; that we
saw the said testator subscribe said Codicil to said
Will and heard him publish and declare the
same to be his last will and testament, and that
the said testator at the time of executing the
same was of full age and of sound mind
and memory and not under any restraint
and that we signed the same as witnesses
at his request and in his presence and
in the presence of each other.
{ U. S. Stamps } J. C. Avery
{ $ 4.50 March }
{ 26" ,67 T.W.P. } Charles H. McElroy
Sworn to and subscribed before me
in the Probate Court this 26th day of February
A.D. 1867.
T. W. Powell Probate Judge
_______________________________
_______________________________
Record of the Will of John A. Graham deceased
Proceedings had before Thomas W. Powell
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 16th day of
March A.D. 1867.
This day the last will and testament
of John A. Graham late of Thompson Township
deceased, was presented to the Court for probate
and record. Thereupon Charles Hill and Candis
A. Hill the two subscribing witnesses to the said will
and 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
the said will was duly executed and attested
and that the said testator at the time of execution
was of full age, and of sound mind and
memory and not under any restraint, thereupon 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 A. Graham
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 355)
Description
[page 355]
[corresponds to labeled page 323 Will Record Volume 4 1859 - 1869]
323
Record of the Will of John A. Graham deceased
decd and ordered to be recorded as such.
Thereupon Daniel M. Russell the
Executor named in the said will appeared
and gave bonds in the sum of $ 2000. with
Charles Hill and William A. Russell as his sureties,
and was as such executor duly appointed,
accepted and qualified.
The Court appointed Thomas
Lavender, John A. Corie and James Maize appraisers
of the said estate.
T. W. Powell Probate Judge
(Copy of Will)
In the name of the
Benevolent Father of All!
I John A. Graham of Thompson Town-
=ship in the County of Delaware and State of
Ohio being of sound mind and memory and
considering the uncertainty of this frail and
transitory life:
I do therefore make ordain publish
and declare this to be my last will and testament
that is to say,
Item first After all my lawful debts are paid
and discharged the residue to be divided as following
Item 2 To my son William Graham Eight hundred
dollars provided my son William shall pay
one half of a certain note given to by me to
John McYarry as Administrator - John Smith Jr
on or about the year 1844 for the amount of
said note was given for money belonging to
the heirs of my wife Susan Graham for about
140 or 160 Dollars.
Item 3rd I give and bequeath to my daughter
Sarah Jane Pofenbarger Six hundred dollars
provided she pay the other half of the
note that is described in item 2.
Item 4 I give and bequeath to my daughter
Bathania Dilsaver Six hundred dollars
Item 5 I give and bequeath to my daughter
Alphenia Bonner the North fifty acres of land
more or less it being the North part of the
farm now owned by me in the above named
Township and County on condition that
my daughter Alphenia Bonner shall provide
and take care of my wife Sarah Graham
[corresponds to labeled page 323 Will Record Volume 4 1859 - 1869]
323
Record of the Will of John A. Graham deceased
decd and ordered to be recorded as such.
Thereupon Daniel M. Russell the
Executor named in the said will appeared
and gave bonds in the sum of $ 2000. with
Charles Hill and William A. Russell as his sureties,
and was as such executor duly appointed,
accepted and qualified.
The Court appointed Thomas
Lavender, John A. Corie and James Maize appraisers
of the said estate.
T. W. Powell Probate Judge
(Copy of Will)
In the name of the
Benevolent Father of All!
I John A. Graham of Thompson Town-
=ship in the County of Delaware and State of
Ohio being of sound mind and memory and
considering the uncertainty of this frail and
transitory life:
I do therefore make ordain publish
and declare this to be my last will and testament
that is to say,
Item first After all my lawful debts are paid
and discharged the residue to be divided as following
Item 2 To my son William Graham Eight hundred
dollars provided my son William shall pay
one half of a certain note given to by me to
John McYarry as Administrator - John Smith Jr
on or about the year 1844 for the amount of
said note was given for money belonging to
the heirs of my wife Susan Graham for about
140 or 160 Dollars.
Item 3rd I give and bequeath to my daughter
Sarah Jane Pofenbarger Six hundred dollars
provided she pay the other half of the
note that is described in item 2.
Item 4 I give and bequeath to my daughter
Bathania Dilsaver Six hundred dollars
Item 5 I give and bequeath to my daughter
Alphenia Bonner the North fifty acres of land
more or less it being the North part of the
farm now owned by me in the above named
Township and County on condition that
my daughter Alphenia Bonner shall provide
and take care of my wife Sarah Graham
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 356)
Description
[page 356]
[corresponds to labeled page 324 of Will Record Volume 4 1859 - 1869]
324
Record of the Will of John A. Graham deceased
in case that she survive me and her dower in
the farm that she now resides upon shall not
furnish sufficient support for her during her
natural life time.
Item 6 I give and bequeath to my wife Sarah
Graham two Cows, five head of sheep, three
head of Hogs and all the house hold and
kitchen furniture during her natural life time
and then to be divided between Bathania Dilsaver
and Alphenia Bonner that is including the house-
hold furniture and my daughter Alphenia
shall have the controle of my new spring Waggon
to be taken charge of by her for the use and
benefit and for my wife Sarah to use and ride
in at her pleasure.
Item 7 All of the stock or out property that
may be in the hands of my wife Sarah at
her death shall be sold and the proceeds shall
be divided in equal parts between William
Graham, Sarah Jane Profenbarger and Bathania
Dilsaver
Item 8 I further order that the south part
of my farm or fifty acres strict measure it
being the South part of the farm mentioned
above that is the North part is hereby willed to
Alphenia Bonner it being the South fifty acres
to be sold and paid over to pay off the
heirs in item 2 and 3 and 4 that is to William
Graham and Bathania Dilsaver and Sarah Jane
Profenbarger.
Item 9 And I further desire that after the above
conditions are fully complied with to all of
the above mentioned heirs and the payments
made in full to each heir if there should
be a balance left in the hands of my
Executor and he shall make an equal
division of the same and pay it to the
four mentioned above in equal proportions
Item 10 I hereby constitute and appoint
Daniel M. Russell my lawful Executor to take
and settle all of my business and settle my
estate after my decease.
And I do hereby revoke all former wills by
me made in testimony hereof I have hereunto set
my hand and seal on this the 20th day of December
in the year 1866.
John A. Graham {Seal}
[corresponds to labeled page 324 of Will Record Volume 4 1859 - 1869]
324
Record of the Will of John A. Graham deceased
in case that she survive me and her dower in
the farm that she now resides upon shall not
furnish sufficient support for her during her
natural life time.
Item 6 I give and bequeath to my wife Sarah
Graham two Cows, five head of sheep, three
head of Hogs and all the house hold and
kitchen furniture during her natural life time
and then to be divided between Bathania Dilsaver
and Alphenia Bonner that is including the house-
hold furniture and my daughter Alphenia
shall have the controle of my new spring Waggon
to be taken charge of by her for the use and
benefit and for my wife Sarah to use and ride
in at her pleasure.
Item 7 All of the stock or out property that
may be in the hands of my wife Sarah at
her death shall be sold and the proceeds shall
be divided in equal parts between William
Graham, Sarah Jane Profenbarger and Bathania
Dilsaver
Item 8 I further order that the south part
of my farm or fifty acres strict measure it
being the South part of the farm mentioned
above that is the North part is hereby willed to
Alphenia Bonner it being the South fifty acres
to be sold and paid over to pay off the
heirs in item 2 and 3 and 4 that is to William
Graham and Bathania Dilsaver and Sarah Jane
Profenbarger.
Item 9 And I further desire that after the above
conditions are fully complied with to all of
the above mentioned heirs and the payments
made in full to each heir if there should
be a balance left in the hands of my
Executor and he shall make an equal
division of the same and pay it to the
four mentioned above in equal proportions
Item 10 I hereby constitute and appoint
Daniel M. Russell my lawful Executor to take
and settle all of my business and settle my
estate after my decease.
And I do hereby revoke all former wills by
me made in testimony hereof I have hereunto set
my hand and seal on this the 20th day of December
in the year 1866.
John A. Graham {Seal}
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 357)
Description
[Page 357]
[corresponds to labeled page 325 of Will Record Volume 4 1859 - 1869]
325
Record of the Will of John A. Graham deceased
Signed and acknowledged by the said
John A. Graham as his last will and testament
in our presents and signed by us in his presents
{U.S. Stamp } Charles Hill
{$2.50 March 16 1867}
{ T.W.P. } Candis A. Hill
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of John A.
Graham late Thompson Township deceased
We Charles Hill and Candis
A. Hill being duly sworn in open court
this 16th day of March A.D. 1867, depose
and say that we were present at the
execution of the last will and testament
of John A. Graham of Thompson 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 the execution of the same
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.
Charles Hill
Candis A. Hill
Sworn to and Subscribed before me in the
Probate Court this 16th day of March A.D. 1867
T. W. Powell
Probate Judge
____________________
____________________
Record of the last Will of John Baker Parks decd
Proceedings had before Thomas W.
Powell 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 18th
day of March A.D. 1867.
This day the last will and
testament of John Baker Parks late of
Brown Township in this County deceased was presented
to the Court for Probate and record. John D.
[corresponds to labeled page 325 of Will Record Volume 4 1859 - 1869]
325
Record of the Will of John A. Graham deceased
Signed and acknowledged by the said
John A. Graham as his last will and testament
in our presents and signed by us in his presents
{U.S. Stamp } Charles Hill
{$2.50 March 16 1867}
{ T.W.P. } Candis A. Hill
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of John A.
Graham late Thompson Township deceased
We Charles Hill and Candis
A. Hill being duly sworn in open court
this 16th day of March A.D. 1867, depose
and say that we were present at the
execution of the last will and testament
of John A. Graham of Thompson 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 the execution of the same
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.
Charles Hill
Candis A. Hill
Sworn to and Subscribed before me in the
Probate Court this 16th day of March A.D. 1867
T. W. Powell
Probate Judge
____________________
____________________
Record of the last Will of John Baker Parks decd
Proceedings had before Thomas W.
Powell 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 18th
day of March A.D. 1867.
This day the last will and
testament of John Baker Parks late of
Brown Township in this County deceased was presented
to the Court for Probate and record. John D.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 358)
Description
[page 358]
[correspnods to labeled page 326 of Will Record Volume 4 1859 - 1869]
326
Record of the Will of John Baker Parks deceased
Leeper and Andrew Main the two 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 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 on
consideration orders that the said will be admitted
to probate as duly proved as the last will and
testament of the said John Baker Parks decd
and ordered to be recorded as such.
Thereupon Mary E. Parks and John D.
Leeper, were appointed Administrator on the
said estate with the will annexed, who accepted
the appointment and gave bonds in the sum of
$800. with Andrew Main and Rose E. Parks as
their sureties. The court appointed James Moses
John Vely and Marion Cicklea appraisers of
said estate
T. W. Powell Probate Judge
(Copy of Will)
I John Baker Parks do will
to Mary E. Parks all my property at the day
of my death. All that I shall own at that
day, Horses, hogs, Cows or Sheep or money the land
she Mary E. Parks his to have, has long has shee
lives, but not to sell the land at all; for the
land I John Baker Parks do give to Philip Parks
Garrison Parks and James Rose Parks, has A
gift to them three brothers Alone: this propperty
these three Brothers as to have at her death
and not before
John Baker Parks
Witness John D. Leeper
Witness Andrew Main
{ U. S. Stamp }
The State of Ohio } { $ 100. March 18 1867 }
Delaware County SS } { T. W. P. }
In the Matter
of the last Will and testament of John Baker
Parks late of Brown Township deceased.
We John D. Leeper and Andrew
Main being duly sworn in open Court this 18 day
[correspnods to labeled page 326 of Will Record Volume 4 1859 - 1869]
326
Record of the Will of John Baker Parks deceased
Leeper and Andrew Main the two 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 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 on
consideration orders that the said will be admitted
to probate as duly proved as the last will and
testament of the said John Baker Parks decd
and ordered to be recorded as such.
Thereupon Mary E. Parks and John D.
Leeper, were appointed Administrator on the
said estate with the will annexed, who accepted
the appointment and gave bonds in the sum of
$800. with Andrew Main and Rose E. Parks as
their sureties. The court appointed James Moses
John Vely and Marion Cicklea appraisers of
said estate
T. W. Powell Probate Judge
(Copy of Will)
I John Baker Parks do will
to Mary E. Parks all my property at the day
of my death. All that I shall own at that
day, Horses, hogs, Cows or Sheep or money the land
she Mary E. Parks his to have, has long has shee
lives, but not to sell the land at all; for the
land I John Baker Parks do give to Philip Parks
Garrison Parks and James Rose Parks, has A
gift to them three brothers Alone: this propperty
these three Brothers as to have at her death
and not before
John Baker Parks
Witness John D. Leeper
Witness Andrew Main
{ U. S. Stamp }
The State of Ohio } { $ 100. March 18 1867 }
Delaware County SS } { T. W. P. }
In the Matter
of the last Will and testament of John Baker
Parks late of Brown Township deceased.
We John D. Leeper and Andrew
Main being duly sworn in open Court this 18 day
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 359)
Description
[page 359]
[corresponds to labeled page 327 of Will Record Volume 4 1859 - 1869]
327
Record of the Will of John Baker Parks decd
of March A.D. 1867, depose and say we were
present at the execution of the last will
and testament of John Baker Parks of Brown
Township hereto annexed: and that the said
testator to us declared that he had written and
subscribed said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of
executing the same was of full age and of
sound mind and memory and not under
any restraint, and that we signed the same
as witnesses at his request and in his presence
and in the presence of each other
John D. Leeper
Andrew Main
Sworn to and subscribed before me in the Probate
Court this 18th day of March A.D. 1867
T. W. Powell Probate Judge
_______________________
_______________________
Record of the last Will of Peter Hoy deceased
Proceedings had before Thomas W. Powell Judge
of the Probate Court within and for the County of Delaware
& State of Ohio at his office in the town of Delaware
on the 6th day of April A.D. 1867.
This day the last will and testament
of Peter Hoy late of Genoa Township in this County decd.
was presented to the Court for probate & record.
Thereupon George W. Wells and Charles Freeman the two
subscribing witnesses to the 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 truly executed and attested, and that
the testator at the time of executing the same was of
full age and of sound miind and memory and not
under any restraint; thereupon 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
Peter Hoy decd. and Ordered to be recorded as such.
Thereupon William Hoy the executor
named in the said will appeared in Court and
accepted his said appointment as such executor and
gave bonds in the sum of $ 4000 with Charles Freeman
and George W Wells as his sureties, The Court appointed Andrew J.
Smith, John Foster and Madison Poppleton appraisers of said
Estate. T. W. Powell Probate Judge
[corresponds to labeled page 327 of Will Record Volume 4 1859 - 1869]
327
Record of the Will of John Baker Parks decd
of March A.D. 1867, depose and say we were
present at the execution of the last will
and testament of John Baker Parks of Brown
Township hereto annexed: and that the said
testator to us declared that he had written and
subscribed said will and heard him publish and
declare the same to be his last will and testament
and that the said testator at the time of
executing the same was of full age and of
sound mind and memory and not under
any restraint, and that we signed the same
as witnesses at his request and in his presence
and in the presence of each other
John D. Leeper
Andrew Main
Sworn to and subscribed before me in the Probate
Court this 18th day of March A.D. 1867
T. W. Powell Probate Judge
_______________________
_______________________
Record of the last Will of Peter Hoy deceased
Proceedings had before Thomas W. Powell Judge
of the Probate Court within and for the County of Delaware
& State of Ohio at his office in the town of Delaware
on the 6th day of April A.D. 1867.
This day the last will and testament
of Peter Hoy late of Genoa Township in this County decd.
was presented to the Court for probate & record.
Thereupon George W. Wells and Charles Freeman the two
subscribing witnesses to the 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 truly executed and attested, and that
the testator at the time of executing the same was of
full age and of sound miind and memory and not
under any restraint; thereupon 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
Peter Hoy decd. and Ordered to be recorded as such.
Thereupon William Hoy the executor
named in the said will appeared in Court and
accepted his said appointment as such executor and
gave bonds in the sum of $ 4000 with Charles Freeman
and George W Wells as his sureties, The Court appointed Andrew J.
Smith, John Foster and Madison Poppleton appraisers of said
Estate. T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 360)
Description
[page 360]
[corresponds to labeled page 328 of Will Record Volume 4 1859 - 1869]
328
Record of Will of Peter Hoy deceased
(Copy of Will)
In the name of the Benevolent Father of all I Peter
Hoy do make and publish this my last will and testament
Item first - I give and devise to my beloved wife
Mariah Catharine Hoy in lieu of her dower the farm
on which we now reside situated in Genoa Township,
Delaware County containing about one hundred acres
during her natural life or as long as she remains my
widow and all the stock, household goods furniture provisions
and other goods and chattel which may be thereon at the
time of my decease during her natural life as aforesaid
She however selling or cosing to be sold enough of off the
North side of my real estate together with my personal
property or the proceded thereof as may then remain
unconsumed and unexpended as may be sufficient to pay
my just debts.
Item 2nd If my Wife should die before my three daughters
Heinrata, Earnney & Susan Hoy should arive at the age
of eighteen then the you use of my said real estate shall
be for their own benefit to clothe & educate them till they
arrive at the age of eighteen.
Item 3rd And at the death of my said wife Mariah
Hoy then my real estate and all of my personal
property that may then remain unconsumed shall
be sold and divided equally amonks my children.
Item 4th I do hereby nominate and appoint my
brother William Hoy Executor of this my last will and
testament hereby authorizing and empowering him to
compromise adjust releas and discharge in such
manner as he may deem proper the debts and
claims due me I do also authorize and empower
him if it shall become necessary in order to pay
my debts to sell by private sale or in such manner
upon such terms of credit or otherwise as he may
think proper all or any part of my real estate
and deeds to purchasers to execute, acknowledge, deliver
in fee simple.
I do hereby revoke all former wills by me made
in testimony whereof I have hereunto set my hand
and seal this 15th day of February 1867.
Signed and acknowledged by said. Peter Hoy {Seal}
Peter Hoy as his last will and
testament in our presence and
signed by us in his presants
G. W. Wells
C. Freeman
[corresponds to labeled page 328 of Will Record Volume 4 1859 - 1869]
328
Record of Will of Peter Hoy deceased
(Copy of Will)
In the name of the Benevolent Father of all I Peter
Hoy do make and publish this my last will and testament
Item first - I give and devise to my beloved wife
Mariah Catharine Hoy in lieu of her dower the farm
on which we now reside situated in Genoa Township,
Delaware County containing about one hundred acres
during her natural life or as long as she remains my
widow and all the stock, household goods furniture provisions
and other goods and chattel which may be thereon at the
time of my decease during her natural life as aforesaid
She however selling or cosing to be sold enough of off the
North side of my real estate together with my personal
property or the proceded thereof as may then remain
unconsumed and unexpended as may be sufficient to pay
my just debts.
Item 2nd If my Wife should die before my three daughters
Heinrata, Earnney & Susan Hoy should arive at the age
of eighteen then the you use of my said real estate shall
be for their own benefit to clothe & educate them till they
arrive at the age of eighteen.
Item 3rd And at the death of my said wife Mariah
Hoy then my real estate and all of my personal
property that may then remain unconsumed shall
be sold and divided equally amonks my children.
Item 4th I do hereby nominate and appoint my
brother William Hoy Executor of this my last will and
testament hereby authorizing and empowering him to
compromise adjust releas and discharge in such
manner as he may deem proper the debts and
claims due me I do also authorize and empower
him if it shall become necessary in order to pay
my debts to sell by private sale or in such manner
upon such terms of credit or otherwise as he may
think proper all or any part of my real estate
and deeds to purchasers to execute, acknowledge, deliver
in fee simple.
I do hereby revoke all former wills by me made
in testimony whereof I have hereunto set my hand
and seal this 15th day of February 1867.
Signed and acknowledged by said. Peter Hoy {Seal}
Peter Hoy as his last will and
testament in our presence and
signed by us in his presants
G. W. Wells
C. Freeman
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 361)
Description
[page 361]
[corresponds to labeled page 329 of Will Record Volume 4 1859 - 1869]
329
Record of the Will of Peter Hoy deceased
The State of Ohio }
Delaware County SS } In the matter of the last Will and
testament of Peter Hoy late of Genoa
Township deceased.
We George W. Wells and Charles Freeman
being duly sworn in open Court this 6th day of
April A.D. 1867 depose and say that we were present
at the execution of the last will and testament
of Peter Hoy of Genoa Township in this Courty 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
Charles Freeman
G. W. Wells
Sworn to and Subscribed before me in the Probate
Court this 6th day of April A.D. 1867
T. W. Powell Probate Judge
____________________
____________________
Record of the last will of Elizabeth Leak deceased.
Proceedings had before Thomas W. Powell Judge
of the Probate Court within and for the county of
Delaware and State of Ohio at his office in Delaware
on the 13th day of May A.D. 1867.
April 27th 1867, this day the last will and
testament of Elizabeth Leak dec'd late of Trenton
Township in this County, was presented to the Court
for probate and record. Thereupon Elias Kimball one
of the subscribing witnesses to the said will came
into court and was duly sworn and examined and
his testimony reduced to writing, and annexed to the
said will: and it appearing that Joseph H. Kimball
the other subscribing witness was residing in the
County of Allen, Ohio, Thereupon the Court issued a
Commission to the Probate Judge of said County of
Allen, to take and return to this court the
testimony of the said Joseph H. Kimball, annexed
to the said will a copy thereof being retained in this
[corresponds to labeled page 329 of Will Record Volume 4 1859 - 1869]
329
Record of the Will of Peter Hoy deceased
The State of Ohio }
Delaware County SS } In the matter of the last Will and
testament of Peter Hoy late of Genoa
Township deceased.
We George W. Wells and Charles Freeman
being duly sworn in open Court this 6th day of
April A.D. 1867 depose and say that we were present
at the execution of the last will and testament
of Peter Hoy of Genoa Township in this Courty 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
Charles Freeman
G. W. Wells
Sworn to and Subscribed before me in the Probate
Court this 6th day of April A.D. 1867
T. W. Powell Probate Judge
____________________
____________________
Record of the last will of Elizabeth Leak deceased.
Proceedings had before Thomas W. Powell Judge
of the Probate Court within and for the county of
Delaware and State of Ohio at his office in Delaware
on the 13th day of May A.D. 1867.
April 27th 1867, this day the last will and
testament of Elizabeth Leak dec'd late of Trenton
Township in this County, was presented to the Court
for probate and record. Thereupon Elias Kimball one
of the subscribing witnesses to the said will came
into court and was duly sworn and examined and
his testimony reduced to writing, and annexed to the
said will: and it appearing that Joseph H. Kimball
the other subscribing witness was residing in the
County of Allen, Ohio, Thereupon the Court issued a
Commission to the Probate Judge of said County of
Allen, to take and return to this court the
testimony of the said Joseph H. Kimball, annexed
to the said will a copy thereof being retained in this
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 362)
Description
[page 362]
[corresponds to labeled page 330 of Will Record Volume 4 1859 - 1869]
330
Record of the Last Will of Elizabeth Leak dec'd
this office; and the further consideration of this matter
be continued until the return of the said commission.
T. W. Powell Probate Judge
May 13th 1867, This day the commission heretofore
issued in this case to take the testimony of Joseph
H. Kimball one of the witnesses to the said will
was returned and the testimony of the said witness
duly taken and annexed to the said will and
now on file, and it appearing to the Court that the
said will was duly executed 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 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 Elizabeth Leak decd; and ordered to be recorded
as such.
Thereupon letters testamentary were granted
and issued to John M. Leak the executor named in the
said will, who gave bonds in the sum of $ 800 with
John Armstrong and Lewis C. Lenebery his sureties
As the said Executor is the residuary legatee this bond
is intended only to secure the payment of debts and
legacies; and no appraisement and sale of the property
is required.
T. W. Powell Probate Judge
(Copy of Will)
I Elizabeth Leak of the Township of Trenton
in the County of Delaware, State of Ohio; do make and
publish this my last will & testament hereby revoking
all former wills by me made, In as much as my son John
M. Leak has this day executed & delivered to me a written
agreement to release now & forever all lien & every claim
he has against the land willed by my deceased husband
John Leak, to my grandson Obadiah Leak, by reason
of a certain settlement in the contest of said will
entered on page twenty nine of Vol. one, Journal of the district
Court of said County. Now therefore I do give & bequeath to
said John M. Leak all my property of every kind & nature
whatsoever, & in whatsoever form it may be found at
my death, whether in money, credits, cattle stock, household
furniture or in any other form.
I desire that in case my said grandson
[corresponds to labeled page 330 of Will Record Volume 4 1859 - 1869]
330
Record of the Last Will of Elizabeth Leak dec'd
this office; and the further consideration of this matter
be continued until the return of the said commission.
T. W. Powell Probate Judge
May 13th 1867, This day the commission heretofore
issued in this case to take the testimony of Joseph
H. Kimball one of the witnesses to the said will
was returned and the testimony of the said witness
duly taken and annexed to the said will and
now on file, and it appearing to the Court that the
said will was duly executed 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 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 Elizabeth Leak decd; and ordered to be recorded
as such.
Thereupon letters testamentary were granted
and issued to John M. Leak the executor named in the
said will, who gave bonds in the sum of $ 800 with
John Armstrong and Lewis C. Lenebery his sureties
As the said Executor is the residuary legatee this bond
is intended only to secure the payment of debts and
legacies; and no appraisement and sale of the property
is required.
T. W. Powell Probate Judge
(Copy of Will)
I Elizabeth Leak of the Township of Trenton
in the County of Delaware, State of Ohio; do make and
publish this my last will & testament hereby revoking
all former wills by me made, In as much as my son John
M. Leak has this day executed & delivered to me a written
agreement to release now & forever all lien & every claim
he has against the land willed by my deceased husband
John Leak, to my grandson Obadiah Leak, by reason
of a certain settlement in the contest of said will
entered on page twenty nine of Vol. one, Journal of the district
Court of said County. Now therefore I do give & bequeath to
said John M. Leak all my property of every kind & nature
whatsoever, & in whatsoever form it may be found at
my death, whether in money, credits, cattle stock, household
furniture or in any other form.
I desire that in case my said grandson
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 363)
Description
[page 363]
[corresponds to labeled page 331 of Will Record Volume 4 1859 - 1869]
331
Record of the Last Will of Elizabeth Leak deceased
Obadiah Leak shall die before he is twenty one years
of age that my son John M. Leak still retain his lien
on his said land & that he still may have the property
I may leave at my death And I hereby appoint
said John M. Leak Executor of this my last will & it is
my wish that he may not be required to give
bond or return any appraisement of said property to the
Court.
Witness my signature this 11th day of Dec. A.D. 1857
her
Elizabeth X Leak {Seal}
mark
Signed & acknowledged by said Elizabeth Leak as her
last will & testament in our presence & signed by us in
her presence at her request
E. Kimball
J. H. Kimball
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of Elizabeth Leak
late of Trenton Township in this County deceased
I Elias Kimball being duly sworn in open
court this 27th day of April A.D. 1867, depose and say that
we this deponent and Joseph H. Kimball were present at
the execution of the last will and testament of Elizabeth
Leak of Trenton Township 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
E. Kimball
Sworn to and subscribed before me in the Probate
Court this 27th day of April A.D. 1867.
T. W. Powell Probate Judge
The State of Ohio }
Delaware County SS } In the Probate Court.
To the Probate Judge for the County of Allen
in the State of Ohio Greeting
Placing special confidence in your integrity
and abilities, you are hereby appointed, authorized
and empowered to take the testimony of Joseph H.
Kimball one of the witnesses to the execution of the
[corresponds to labeled page 331 of Will Record Volume 4 1859 - 1869]
331
Record of the Last Will of Elizabeth Leak deceased
Obadiah Leak shall die before he is twenty one years
of age that my son John M. Leak still retain his lien
on his said land & that he still may have the property
I may leave at my death And I hereby appoint
said John M. Leak Executor of this my last will & it is
my wish that he may not be required to give
bond or return any appraisement of said property to the
Court.
Witness my signature this 11th day of Dec. A.D. 1857
her
Elizabeth X Leak {Seal}
mark
Signed & acknowledged by said Elizabeth Leak as her
last will & testament in our presence & signed by us in
her presence at her request
E. Kimball
J. H. Kimball
The State of Ohio }
Delaware County SS } In the matter of the last will
and testament of Elizabeth Leak
late of Trenton Township in this County deceased
I Elias Kimball being duly sworn in open
court this 27th day of April A.D. 1867, depose and say that
we this deponent and Joseph H. Kimball were present at
the execution of the last will and testament of Elizabeth
Leak of Trenton Township 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
E. Kimball
Sworn to and subscribed before me in the Probate
Court this 27th day of April A.D. 1867.
T. W. Powell Probate Judge
The State of Ohio }
Delaware County SS } In the Probate Court.
To the Probate Judge for the County of Allen
in the State of Ohio Greeting
Placing special confidence in your integrity
and abilities, you are hereby appointed, authorized
and empowered to take the testimony of Joseph H.
Kimball one of the witnesses to the execution of the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 364)
Description
[page 364]
[corresponds to labeled page 332 of Will Record Volume 4 1859 - 1869]
332
Record of the last Will of Elizabeth Leak deceased.
last will and testament of Elizabeth Leak hereto annexed
and for that purpose you are authorized to have said
J. H. Kimball, in your county, brought before you, and
administer to him the proper oath in due form of
law and reduce his testimony to writing and annex
the same to the said will and return the same to
this Court, duly enclosed and sealed up by you.
And for so doing this shall be your commission
and full authority
Witness my hand and the seal of the said
{Seal} Probate Court at Delaware, Ohio this 30th day
of April 1867
T. W. Powell Probate Judge
The State of Ohio }
Allen County SS } In the Probate Court
The undersigned Charles M. Hughes
Judge of the Probate Court in & for Allen County, hereby
report that in complyance with the power and authority
of the within commission I have taken the deposition
of Joseph H. Kimball as the attestation and execution
of the last will and testament of Elizabeth Leak
decd. hereto annexed and have taken the testimony
of the said witness and reduced the same to writing
and annexed the same to said will all of which
is herewith by me enclosed, sealed up and directed
Witness my hand and Seal at
{Seal} Lima in the said County of Allen this
2nd day of May 1867
Charles M. Hughes
Probate Judge
The State of Ohio }
Delaware County SS } In the matter of the last Will
and testament of Elizabeth Leak
late of Delaware County deceased
I Joseph H. Kimball being duly sworn
in open court this 2nd day of May AD 1867 before the
undersigned Probate Judge of Allen County, depose
and say that we were present at the execution of
the last will and testament of said Elizabeth Leak
of Trenton Township Delaware Co. hereto annexed: that
we this deponent and Elias Kimball 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
[corresponds to labeled page 332 of Will Record Volume 4 1859 - 1869]
332
Record of the last Will of Elizabeth Leak deceased.
last will and testament of Elizabeth Leak hereto annexed
and for that purpose you are authorized to have said
J. H. Kimball, in your county, brought before you, and
administer to him the proper oath in due form of
law and reduce his testimony to writing and annex
the same to the said will and return the same to
this Court, duly enclosed and sealed up by you.
And for so doing this shall be your commission
and full authority
Witness my hand and the seal of the said
{Seal} Probate Court at Delaware, Ohio this 30th day
of April 1867
T. W. Powell Probate Judge
The State of Ohio }
Allen County SS } In the Probate Court
The undersigned Charles M. Hughes
Judge of the Probate Court in & for Allen County, hereby
report that in complyance with the power and authority
of the within commission I have taken the deposition
of Joseph H. Kimball as the attestation and execution
of the last will and testament of Elizabeth Leak
decd. hereto annexed and have taken the testimony
of the said witness and reduced the same to writing
and annexed the same to said will all of which
is herewith by me enclosed, sealed up and directed
Witness my hand and Seal at
{Seal} Lima in the said County of Allen this
2nd day of May 1867
Charles M. Hughes
Probate Judge
The State of Ohio }
Delaware County SS } In the matter of the last Will
and testament of Elizabeth Leak
late of Delaware County deceased
I Joseph H. Kimball being duly sworn
in open court this 2nd day of May AD 1867 before the
undersigned Probate Judge of Allen County, depose
and say that we were present at the execution of
the last will and testament of said Elizabeth Leak
of Trenton Township Delaware Co. hereto annexed: that
we this deponent and Elias Kimball 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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 365)
Description
[page 365]
[corresponds to labeled page 333 of Will Record Volume 4 1859 - 1869]
333
Record of the Will of Elizabeth Leak decd
and that we signed the same as witnesses at her
request and in her presence and in the presence
of each other
J. H. Kimball
Sworn to and subscribed before me in the Probate Court
of Allen County this 2nd day of May A.D. 1867
Charles M. Hughes
Said Commissioner and Probate Judge
____________________
____________________
Record of the Last Will of Katharina Frey decd.
Proceedings had before Thomas W.
Powell Judge of the Probate Court within and
for the County of Delaware, Ohio at his office
in Delaware Ohio on the 5th day of June A.D. 1867.
This day the last will and testament
of Katharina Frey late Genoa Township decd was
presented to the Court for probate and record.
Thereupon Asa Wickham, Samuel Kahler
and Christian Atthaus 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 testatrix 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 Katharina Frey decd and ordered to be
recorded as such
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of
all, I Katharina Frey of Genoa Township, Delaware
County, Ohio, do make and publish this my last
will and testament.
Item first, I give and devise to my beloved
husband the farm on which we now reside situate
in Genoa Township, Delaware County, Ohio containing
about thirty four acres during his natural life
[corresponds to labeled page 333 of Will Record Volume 4 1859 - 1869]
333
Record of the Will of Elizabeth Leak decd
and that we signed the same as witnesses at her
request and in her presence and in the presence
of each other
J. H. Kimball
Sworn to and subscribed before me in the Probate Court
of Allen County this 2nd day of May A.D. 1867
Charles M. Hughes
Said Commissioner and Probate Judge
____________________
____________________
Record of the Last Will of Katharina Frey decd.
Proceedings had before Thomas W.
Powell Judge of the Probate Court within and
for the County of Delaware, Ohio at his office
in Delaware Ohio on the 5th day of June A.D. 1867.
This day the last will and testament
of Katharina Frey late Genoa Township decd was
presented to the Court for probate and record.
Thereupon Asa Wickham, Samuel Kahler
and Christian Atthaus 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 testatrix 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 Katharina Frey decd and ordered to be
recorded as such
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of
all, I Katharina Frey of Genoa Township, Delaware
County, Ohio, do make and publish this my last
will and testament.
Item first, I give and devise to my beloved
husband the farm on which we now reside situate
in Genoa Township, Delaware County, Ohio containing
about thirty four acres during his natural life
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 366)
Description
[page 366]
[corresponds to labeled page 334 of Will Record Volume 4 1859 - 1869]
334
Record of the last will of Katharina Frey decd.
and all the stock household goods, furniture
provisions and other goods and chattels which
may be hereon at the time of my decease
during his natural life as aforesaid (he however
selling so much there of as may be sufficient to
pay my just debts.).
Item 3 I do hereby nominate my beloved husband
guardian of my daughter Julia and my son
Charles until they are of lawful age or intermarry
but if my husband should decease before my
daughter Julia and son Charles are of lawful age
I do hereby nominate Frederick Alba as Guardian of
my daughter Julia and son Charles, 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 statue.
In testimony hereof I have hereunto
set my hand and seal this Nineteenth day of May
in the year 1865.
Katharina Frey
Signed and acknowledged by said Katharina Frey as
her last will and testament in our presence and signed
by us in her presence
Asa Wickham
Sam Kahler
Christian Althens
The State of Ohio}
(Delaware County of} In the matter of the last will and
testament of Katharina Frey late of
Genoa Township in this county deceased.
(We Asa Wickham, Samuel Kahler
and Christian Althens being duly sworn in open court
this 5th day of June A.D. 1867 depose and say that we
were present at the execution of the last will and
testament of Katharina Frey of Genoa Township hereto
annexed; that we saw the said testator subscribe said will
and heard her publish and declare the same to be her
last will and testament and that the said testatrix
at the time of executing the same was of full age,
and 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. Asa Wickham
Samuel Kahler
Christian Althens
Sworn to and subscribed before me in the Probate Court this 5th day of
June A.D. 1865 T.W. Powell Probate Judge
[corresponds to labeled page 334 of Will Record Volume 4 1859 - 1869]
334
Record of the last will of Katharina Frey decd.
and all the stock household goods, furniture
provisions and other goods and chattels which
may be hereon at the time of my decease
during his natural life as aforesaid (he however
selling so much there of as may be sufficient to
pay my just debts.).
Item 3 I do hereby nominate my beloved husband
guardian of my daughter Julia and my son
Charles until they are of lawful age or intermarry
but if my husband should decease before my
daughter Julia and son Charles are of lawful age
I do hereby nominate Frederick Alba as Guardian of
my daughter Julia and son Charles, 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 statue.
In testimony hereof I have hereunto
set my hand and seal this Nineteenth day of May
in the year 1865.
Katharina Frey
Signed and acknowledged by said Katharina Frey as
her last will and testament in our presence and signed
by us in her presence
Asa Wickham
Sam Kahler
Christian Althens
The State of Ohio}
(Delaware County of} In the matter of the last will and
testament of Katharina Frey late of
Genoa Township in this county deceased.
(We Asa Wickham, Samuel Kahler
and Christian Althens being duly sworn in open court
this 5th day of June A.D. 1867 depose and say that we
were present at the execution of the last will and
testament of Katharina Frey of Genoa Township hereto
annexed; that we saw the said testator subscribe said will
and heard her publish and declare the same to be her
last will and testament and that the said testatrix
at the time of executing the same was of full age,
and 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. Asa Wickham
Samuel Kahler
Christian Althens
Sworn to and subscribed before me in the Probate Court this 5th day of
June A.D. 1865 T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 367)
Description
[page 367]
[corresponds to labeled page 335 of Will Record Volume 4 1859 - 1869]
335
Record of the Last Will and Testament of Henry Willey decd
Proceedings had before Thomas W.
Powell Judge of the Probate Court within and for the
County of Delaware State of Ohio at his office in the
town of Delaware on the 7th day of June A.D. 1867
This day the last Will and testament
of Henry Willey late of Troy Township in this county
decd. was presented to the Court for probate and
record. - Thereupon Theodore P Reid, George C. Eaton
and James Eaton 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 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 the said be admitted
to probate as duly proved as the last will and
testament of the said Henry Willey decd. and recorded
as such
There upon Ephraim Willey and Samuel Willey
the executors named in the said will appeared in
Court accepted their said appointment and gave bonds
in the sum of $5000 with Soloman B. Weiser and Thomas
Slough as their sureties. The Court appointed William
Seigfried John Downing and Anthony Smith as appraisers
of the estate and accordingly issued letters testamentory
to the said executors. T.W. Powell Probate Judge
(Copy of Will)
"Will"
I, Henry Willey, of Troy Township, Delaware
County, State of Ohio, being of sound and disposing
mind memory and understanding, do make,
publish & declare this to be my last will and
testament; hereby revoking and making null and
[corresponds to labeled page 335 of Will Record Volume 4 1859 - 1869]
335
Record of the Last Will and Testament of Henry Willey decd
Proceedings had before Thomas W.
Powell Judge of the Probate Court within and for the
County of Delaware State of Ohio at his office in the
town of Delaware on the 7th day of June A.D. 1867
This day the last Will and testament
of Henry Willey late of Troy Township in this county
decd. was presented to the Court for probate and
record. - Thereupon Theodore P Reid, George C. Eaton
and James Eaton 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 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 the said be admitted
to probate as duly proved as the last will and
testament of the said Henry Willey decd. and recorded
as such
There upon Ephraim Willey and Samuel Willey
the executors named in the said will appeared in
Court accepted their said appointment and gave bonds
in the sum of $5000 with Soloman B. Weiser and Thomas
Slough as their sureties. The Court appointed William
Seigfried John Downing and Anthony Smith as appraisers
of the estate and accordingly issued letters testamentory
to the said executors. T.W. Powell Probate Judge
(Copy of Will)
"Will"
I, Henry Willey, of Troy Township, Delaware
County, State of Ohio, being of sound and disposing
mind memory and understanding, do make,
publish & declare this to be my last will and
testament; hereby revoking and making null and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 368)
Description
[page 368]
[corresponds to labeled page 336 of Will Record Volume 4 1859 - 1869]
336
Record of the last Will and Testament of Henry Willey decd.
void all former last will and testaments and writings
in the nature of last wills and testaments by me made.
My will is first; that my funeral
charges and all just debts shall be paid by my Executors
hereinafter named.
The residence of my estate and property which
shall not be necessary for the payment of my just debt,
funeral charges and expences attending the execution of this
my last will and the administration of my estate.
I give, devise and dispose of as follows.
1st I give and bequeath to my son Ephraim Willey six
shares of stock in the C.C. & C. Rail Road Company
of One hundred dollars each.
2nd I give and bequeath to my daughter Harriet Seigfried
six shares of stock in the C. C. & C. Rail Road Company
of One hundred dollars each.
3rd I give and bequeath to my son Henry Willey all the interest
that has or may accumulate on six notes of hand of
one hundred and fifty dollars each making nine hundred
dollars said notes dated on or about the 24th of September
A.D. 1860.
Also I give and bequeath to said Henry Willey the sum
of Two thousand dollars already advanced to him.
4th I give and bequeath to David Willey my son the
above referred to notes i.e. the face of said six notes
making Nine hundred dollars also I give and bequeath
to my said son David Willey Forty-one acres of land more or less
being part of the North west quarter of section twenty three (23)
Township six (6) Range Nineteen (19) of the United States
Military Survey in Troy Township, Delaware County, State of
Ohio. To have and to hold said Forty one acres of land
more or less to his own heirs or assigns forever.
5th I give and bequeath to my two sons Samuel Willey and Frank
Willey three hundred and thirty six acres of land situated in
Troy Township, Delaware County, State of Ohio. and being the
north half of section twenty four (24) Township six (6) Range
Nineteen (19) of the United States Military Survey To have
and to hold as tenants in common to their own,
their heirs or assignes forever it being the Farm on
which I now live.
6th I give and bequeath to each of my following
married daughters Viz Mrs Mary Loy, Mrs Eliza Morison,
Mrs Eliza Myer and Miss Clarrissa A Willey the sum of one
thousand dollars each to be paid to them by my
son Samuel Willey on or before the time that my son
[corresponds to labeled page 336 of Will Record Volume 4 1859 - 1869]
336
Record of the last Will and Testament of Henry Willey decd.
void all former last will and testaments and writings
in the nature of last wills and testaments by me made.
My will is first; that my funeral
charges and all just debts shall be paid by my Executors
hereinafter named.
The residence of my estate and property which
shall not be necessary for the payment of my just debt,
funeral charges and expences attending the execution of this
my last will and the administration of my estate.
I give, devise and dispose of as follows.
1st I give and bequeath to my son Ephraim Willey six
shares of stock in the C.C. & C. Rail Road Company
of One hundred dollars each.
2nd I give and bequeath to my daughter Harriet Seigfried
six shares of stock in the C. C. & C. Rail Road Company
of One hundred dollars each.
3rd I give and bequeath to my son Henry Willey all the interest
that has or may accumulate on six notes of hand of
one hundred and fifty dollars each making nine hundred
dollars said notes dated on or about the 24th of September
A.D. 1860.
Also I give and bequeath to said Henry Willey the sum
of Two thousand dollars already advanced to him.
4th I give and bequeath to David Willey my son the
above referred to notes i.e. the face of said six notes
making Nine hundred dollars also I give and bequeath
to my said son David Willey Forty-one acres of land more or less
being part of the North west quarter of section twenty three (23)
Township six (6) Range Nineteen (19) of the United States
Military Survey in Troy Township, Delaware County, State of
Ohio. To have and to hold said Forty one acres of land
more or less to his own heirs or assigns forever.
5th I give and bequeath to my two sons Samuel Willey and Frank
Willey three hundred and thirty six acres of land situated in
Troy Township, Delaware County, State of Ohio. and being the
north half of section twenty four (24) Township six (6) Range
Nineteen (19) of the United States Military Survey To have
and to hold as tenants in common to their own,
their heirs or assignes forever it being the Farm on
which I now live.
6th I give and bequeath to each of my following
married daughters Viz Mrs Mary Loy, Mrs Eliza Morison,
Mrs Eliza Myer and Miss Clarrissa A Willey the sum of one
thousand dollars each to be paid to them by my
son Samuel Willey on or before the time that my son
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 369)
Description
[page 369]
[corresponds to labeled page 337 of Will Record Volume 4 1859 - 1869]
337
Record of the last Will and Testament of Henry Willey decd.
Frank Willey becomes of age i.e. twenty one years of
age; it being my intention and meaning of this devise that
any advance in money or property that has been
made to said daughters or to either of them or that may
be made to them previous to said period of my said son
Frank becoming of age is to be deducted out of their
respective sums of said thousand dollars each;
and for the purpose of better enabling said Samuel Willey
to pay the above legacies of one thousand dollars each
to my said four daughters.
I give and bequeath to my said son Samuel Willey
all the stock of horses, cattle, sheep, hogs and other
personal property such as farming utensils, wagons, etc on
or belonging to said farm excepting one horse or more
which I hereby give and devise to my said son Frank
Willey he to have his choice of either; also excepting Forty
head of sheep to be given to said Frank out of the stock
of sheep on said farm when he becomes of age.
7th I give and bequeath the household furniture, clothing
beds and bedding as follows Viz to said Clarrissa A.
Willey the bed and bedding (as now claimed & used & called
mine also to said Clarrissa A. one of the Beurow, and
all the residue of household furniture, clothing, bedding
dishes and other house - hold utensils to be equally divided
as to value between said Samuel Willey, Clarrissa A.
Willey and Frank Willey for their their own use forever.
It is my will and I so direct that my Executors keep the
farm and the fences thereon in good repair and the taxes paid
out of the avails and products of said farm until my said
son Frank Willey becomes of age the residue of the avails
of said farm over and above the necessary amount to keep
the same improved as above to be enjoyed & received by said
Samuel Willey and Frank Willey.
I do hereby nominate and appoint my said
sons Ephraim Willey and Samuel Willey my sole Executors
on this my last will and testament.
In testimony where of I the said Henry Willey
have here subscribed my name and affixed my seal this
ninth day of June A.D. 1866.
Henry Willey {seal}
Signed, sealed and declared by said Henry Willey 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 Theo P Reid
Geo C Eaton
James Eaton
[corresponds to labeled page 337 of Will Record Volume 4 1859 - 1869]
337
Record of the last Will and Testament of Henry Willey decd.
Frank Willey becomes of age i.e. twenty one years of
age; it being my intention and meaning of this devise that
any advance in money or property that has been
made to said daughters or to either of them or that may
be made to them previous to said period of my said son
Frank becoming of age is to be deducted out of their
respective sums of said thousand dollars each;
and for the purpose of better enabling said Samuel Willey
to pay the above legacies of one thousand dollars each
to my said four daughters.
I give and bequeath to my said son Samuel Willey
all the stock of horses, cattle, sheep, hogs and other
personal property such as farming utensils, wagons, etc on
or belonging to said farm excepting one horse or more
which I hereby give and devise to my said son Frank
Willey he to have his choice of either; also excepting Forty
head of sheep to be given to said Frank out of the stock
of sheep on said farm when he becomes of age.
7th I give and bequeath the household furniture, clothing
beds and bedding as follows Viz to said Clarrissa A.
Willey the bed and bedding (as now claimed & used & called
mine also to said Clarrissa A. one of the Beurow, and
all the residue of household furniture, clothing, bedding
dishes and other house - hold utensils to be equally divided
as to value between said Samuel Willey, Clarrissa A.
Willey and Frank Willey for their their own use forever.
It is my will and I so direct that my Executors keep the
farm and the fences thereon in good repair and the taxes paid
out of the avails and products of said farm until my said
son Frank Willey becomes of age the residue of the avails
of said farm over and above the necessary amount to keep
the same improved as above to be enjoyed & received by said
Samuel Willey and Frank Willey.
I do hereby nominate and appoint my said
sons Ephraim Willey and Samuel Willey my sole Executors
on this my last will and testament.
In testimony where of I the said Henry Willey
have here subscribed my name and affixed my seal this
ninth day of June A.D. 1866.
Henry Willey {seal}
Signed, sealed and declared by said Henry Willey 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 Theo P Reid
Geo C Eaton
James Eaton
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 370)
Description
[page 370]
[corresponds to labeled page 338 of Will Record Volume 4 1859 - 1869]
338
Record of the Last Will and Testament of Henry Willey deceased
{U.S. Stamps $12.00}
The State of Ohio }
Delaware County of } In the matter of the
last will and testament of Henry Willey late of Troy
Township in this county deceased.
We Theadore P. Reid George C. Eaton
and James Eaton being duly sworn in open court this 7th
day of June A.D. 1867, depose and say that we were
present at the execution of the last will and testament
of Henry Willey of Troy Township in 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.
James Eaton
Theo P Reid
Geo C. Eaton
Sworn to and subscribed before me in the Probate Court
this 7th day of June A.D. 1867.
T.W. Powell Probate Judge
__________________________________
[corresponds to labeled page 338 of Will Record Volume 4 1859 - 1869]
338
Record of the Last Will and Testament of Henry Willey deceased
{U.S. Stamps $12.00}
The State of Ohio }
Delaware County of } In the matter of the
last will and testament of Henry Willey late of Troy
Township in this county deceased.
We Theadore P. Reid George C. Eaton
and James Eaton being duly sworn in open court this 7th
day of June A.D. 1867, depose and say that we were
present at the execution of the last will and testament
of Henry Willey of Troy Township in 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.
James Eaton
Theo P Reid
Geo C. Eaton
Sworn to and subscribed before me in the Probate Court
this 7th day of June A.D. 1867.
T.W. Powell Probate Judge
__________________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 371)
Description
[page 371]
[corresponds to labeled page 339 of Will Record Volume 4 1859 - 1869]
339
Record of the Will of Alexander McCutchen decd
Proceedings had before Thomas W. Powell, Judge
of the Probate Court within and for the County of Delaware
Ohio at his office in the town of Delaware on the 14th day
of June A.D. 1867.
(Copy of Journal Entery)
This day James Olds Esq presented
for record, the authenticated copy from the record of the
Probate Judge of Richland County in this state of the
authenticated copy of the will of Alexander Mc Cutchen late
of Franklin County in the State of Pennsylvania decd as
admitted to probate in the Register's office in said county
of Franklin on the second day of August 1844 and duly
certified to be the last will and testament of the said
Alexander McCutchen decd and admitted to record by
the said Probate Judge of Richland County in this State
on the 22nd day of July 1857, together with the order of
the said Probate Judge to record the same in said
County of Richland annexed thereto, and duly certified
by the said Probate Judge under the seal of the said
Court. and this Court being satisfied that said will
related to property situated in the said county of
Richland and also in this county; it is therefore
ordered that that the same be filed and recorded in this
County. T.W. Powell Probate Judge
(Copy of the said will)
In the matter of the }
Last will and testament } Be it remembered that on the twenty
of Alexander McCutchen deceased} second day of July one thousand
eight hundred and fifty seven.
a copy of the Last will and testament of Alexander
McCutchen late of Franklin County in the State of Pennsylvania
deceased as admitted to Probate in the Registers office
in said county on the second day of August one thousand
eight hundred and forty four and certified to be a true
copy of said last will and testament of said Alexander
McCutchen deceased on the third day of July one thousand
eight hundred forty five by John W. Rogers Register of said
county. was this day produced in this county and filed
It is therefore by this court ordered on motion that said
Alexander McCutchen late of said Franklin County in
the State of Pennsylvania be admitted to Probate and
recorded in the will record of this county
Joel Myers Probate Judge
[corresponds to labeled page 339 of Will Record Volume 4 1859 - 1869]
339
Record of the Will of Alexander McCutchen decd
Proceedings had before Thomas W. Powell, Judge
of the Probate Court within and for the County of Delaware
Ohio at his office in the town of Delaware on the 14th day
of June A.D. 1867.
(Copy of Journal Entery)
This day James Olds Esq presented
for record, the authenticated copy from the record of the
Probate Judge of Richland County in this state of the
authenticated copy of the will of Alexander Mc Cutchen late
of Franklin County in the State of Pennsylvania decd as
admitted to probate in the Register's office in said county
of Franklin on the second day of August 1844 and duly
certified to be the last will and testament of the said
Alexander McCutchen decd and admitted to record by
the said Probate Judge of Richland County in this State
on the 22nd day of July 1857, together with the order of
the said Probate Judge to record the same in said
County of Richland annexed thereto, and duly certified
by the said Probate Judge under the seal of the said
Court. and this Court being satisfied that said will
related to property situated in the said county of
Richland and also in this county; it is therefore
ordered that that the same be filed and recorded in this
County. T.W. Powell Probate Judge
(Copy of the said will)
In the matter of the }
Last will and testament } Be it remembered that on the twenty
of Alexander McCutchen deceased} second day of July one thousand
eight hundred and fifty seven.
a copy of the Last will and testament of Alexander
McCutchen late of Franklin County in the State of Pennsylvania
deceased as admitted to Probate in the Registers office
in said county on the second day of August one thousand
eight hundred and forty four and certified to be a true
copy of said last will and testament of said Alexander
McCutchen deceased on the third day of July one thousand
eight hundred forty five by John W. Rogers Register of said
county. was this day produced in this county and filed
It is therefore by this court ordered on motion that said
Alexander McCutchen late of said Franklin County in
the State of Pennsylvania be admitted to Probate and
recorded in the will record of this county
Joel Myers Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 372)
Description
[page 372]
[corresponds to labeled page 340 of Will Record Volume 4 1859 - 1869]
340
Record of the Will of Alexander McCutchen
In the matter of }
the Last Will and } Be it remembered that on the 22nd
Testament of Alex } day of July A.D. 1867 the following will was
McCutchen deceased } filed in this Court and ordered to be recorded; viz
Be it remembered that I Alexander McCutchen of
the Township of Antrim County of Franklin and State of
Pensylvania being of sound and disposing mind and
memory and being anxious to settle my worldly
affairs which I have strength so to do. I do publish
and declare this to be my last will and testament
hereby revoking all former wills by me heretofore made
First. I allow all my just debts and funeral expenses
to be paid as soon as possible after my decease.
Second I give and bequeath to my daughter Catharine
Married to Samuel McCutchen the tract of land they now
live on in the County of Westmoreland and State of
Pensylvania Containing four hundred acres be the same
more or less to her during her natural life and at her
death to her lawful issue excepting only that the said
Samuel McCutchen her said husband should he survive
her is to have one third of the profits of said tract
of land during his remaining a widower and to
commit no waste on said farm I also give and bequeath
to my said Daughter Catherine one other tract of land
in the County and State aforesaid adjoining lands of
Joseph Irwin James McCutchen heirs and others, containing
one hundred & sixty acres more or less to her own proper
use and benefit and at her death to the heirs born of
her own body to them and each of them share and share
alike and to their heirs and assigns forever and the
said Catharine or her heirs in case of her death is
to have the one fifth part of my personal property
after my death viz after my debts and funeral
expenses are paid.
Third to my son William McCutchen I give and bequeath
the tract of land he now lives on in the county of
Knox and State of Ohio containing two hundred acres
be the same more or less to have and enjoy the same
during his natural life and after his death to his legitimate
heirs excepting that he leave his wife a widow she is
during her widowhood and no longer She is not to
commit any waste on said land nor suffer any waste
by others. Also I give and bequeath to Alexander B.
McCutchen son of said William my volume of Henrys
Commentarys to his own use and benefit.
[corresponds to labeled page 340 of Will Record Volume 4 1859 - 1869]
340
Record of the Will of Alexander McCutchen
In the matter of }
the Last Will and } Be it remembered that on the 22nd
Testament of Alex } day of July A.D. 1867 the following will was
McCutchen deceased } filed in this Court and ordered to be recorded; viz
Be it remembered that I Alexander McCutchen of
the Township of Antrim County of Franklin and State of
Pensylvania being of sound and disposing mind and
memory and being anxious to settle my worldly
affairs which I have strength so to do. I do publish
and declare this to be my last will and testament
hereby revoking all former wills by me heretofore made
First. I allow all my just debts and funeral expenses
to be paid as soon as possible after my decease.
Second I give and bequeath to my daughter Catharine
Married to Samuel McCutchen the tract of land they now
live on in the County of Westmoreland and State of
Pensylvania Containing four hundred acres be the same
more or less to her during her natural life and at her
death to her lawful issue excepting only that the said
Samuel McCutchen her said husband should he survive
her is to have one third of the profits of said tract
of land during his remaining a widower and to
commit no waste on said farm I also give and bequeath
to my said Daughter Catherine one other tract of land
in the County and State aforesaid adjoining lands of
Joseph Irwin James McCutchen heirs and others, containing
one hundred & sixty acres more or less to her own proper
use and benefit and at her death to the heirs born of
her own body to them and each of them share and share
alike and to their heirs and assigns forever and the
said Catharine or her heirs in case of her death is
to have the one fifth part of my personal property
after my death viz after my debts and funeral
expenses are paid.
Third to my son William McCutchen I give and bequeath
the tract of land he now lives on in the county of
Knox and State of Ohio containing two hundred acres
be the same more or less to have and enjoy the same
during his natural life and after his death to his legitimate
heirs excepting that he leave his wife a widow she is
during her widowhood and no longer She is not to
commit any waste on said land nor suffer any waste
by others. Also I give and bequeath to Alexander B.
McCutchen son of said William my volume of Henrys
Commentarys to his own use and benefit.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 373)
Description
[page 373]
[corresponds to labeled page 341 of Will Record Volume 4 1859 - 1869]
341
Fourth I give and bequeath to my son Alexander McCutchen
two tracts of land in Delaware County, State of Ohio one
of them known by the name of the Delaware run lot
containing one hundred and twenty four acres be the
same more or less, the other known by the name of the
sugar run lot containing one hundred and twelve
acres more less to him during his natural life and at
his death to his lawful issue excepting that if he leave
a widow she is to have one third of the profits of said
two tracts of land during her widowhood and she is not
to make or suffer any waste on said two tracts of land.
Fifth I give and bequeath to my three grand children
Sarah Harvey, Jane Harvey and Alexander McCutchen Harvey
children of my daughter Margaret deceased my tract of land
in Richland County and State of Ohio containing one hundred
and sixty acres and known by the name of the
Minton lands to be divided share and share alike among
the said three children and they to have possession at
my death if at age or by their guardian for their use
and benefit and also the three named children is to
have the one fifth part of my personal estate as soon
as possible after my decease and to have the one
half of the proceeds of the farm on which I now live
until the farm is sold the tract of land bequeathed
to my said three Grandchildren named in the first
part of this bequest is to them and their heirs and assigns
forever. Sixth I give and bequeath to my grandchildren
Alexander McCutchen Comman, Eloner Rowling Comman
and Eliza Jane Comman children of my daughter Betsy
Eloner married to John L. Comman and if my said
daughter Betsy should have other children besides the above
named children I allow them to have an equal share of
the property bequeathed to my said daughter so that all
the lawful children born of her body shall have and
enjoy an equal part I give and bequeath to my
said daughter Betsy Elenor my tract of land in Richland
County and State of Ohio containing three hundred and
twenty acres be the same more or less the said Betsy Eloner
to hold and enjoy the whole and sole profits of said tract
of land during her natural life and at her death I allow
her children born in wedlock the whole of said tract of
land share and share alike the farm is known by the
name of the Buzzard farm to them and their heirs
and assigns forever.
And I do hereby authorize and empower
my two sons William and Alexander McCutchen or either
[corresponds to labeled page 341 of Will Record Volume 4 1859 - 1869]
341
Fourth I give and bequeath to my son Alexander McCutchen
two tracts of land in Delaware County, State of Ohio one
of them known by the name of the Delaware run lot
containing one hundred and twenty four acres be the
same more or less, the other known by the name of the
sugar run lot containing one hundred and twelve
acres more less to him during his natural life and at
his death to his lawful issue excepting that if he leave
a widow she is to have one third of the profits of said
two tracts of land during her widowhood and she is not
to make or suffer any waste on said two tracts of land.
Fifth I give and bequeath to my three grand children
Sarah Harvey, Jane Harvey and Alexander McCutchen Harvey
children of my daughter Margaret deceased my tract of land
in Richland County and State of Ohio containing one hundred
and sixty acres and known by the name of the
Minton lands to be divided share and share alike among
the said three children and they to have possession at
my death if at age or by their guardian for their use
and benefit and also the three named children is to
have the one fifth part of my personal estate as soon
as possible after my decease and to have the one
half of the proceeds of the farm on which I now live
until the farm is sold the tract of land bequeathed
to my said three Grandchildren named in the first
part of this bequest is to them and their heirs and assigns
forever. Sixth I give and bequeath to my grandchildren
Alexander McCutchen Comman, Eloner Rowling Comman
and Eliza Jane Comman children of my daughter Betsy
Eloner married to John L. Comman and if my said
daughter Betsy should have other children besides the above
named children I allow them to have an equal share of
the property bequeathed to my said daughter so that all
the lawful children born of her body shall have and
enjoy an equal part I give and bequeath to my
said daughter Betsy Elenor my tract of land in Richland
County and State of Ohio containing three hundred and
twenty acres be the same more or less the said Betsy Eloner
to hold and enjoy the whole and sole profits of said tract
of land during her natural life and at her death I allow
her children born in wedlock the whole of said tract of
land share and share alike the farm is known by the
name of the Buzzard farm to them and their heirs
and assigns forever.
And I do hereby authorize and empower
my two sons William and Alexander McCutchen or either
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 374)
Description
[page 374]
[corresponds to labeled page 342 of Will Record Volume 4 1859 - 1869]
342
Record of the last Will of Alexander McCutchen decd
of them to sell and convey to the purchasers my Mansion
farm in which I now reside in the County of Franklin and
State of Pensylvania as soon as convenient after my decease
to the best advantage and out of the first payment
of said tract of land to pay my said daughter Betsey E
Comman three hundred dollars and the residue of her one
fourth part of the money arising from the sale of said
Mansion farm is to be laid out by my two sons or
either of them in the purchase of land or property
in town or in erecting Mill works or either Machinery
on the farm bequeathed to my said daughter Betsey and
her children the property thus purchased or improved
I allow my said daughter to have and enjoy during
her life and at her death it is my will that her
lawful issue shall have and enjoy the whole of said
property viz the Buzzard tract of land in Ohio and the
land or town property bought out of the proceeds of
my mansion farm as above directed for the use of
my said daughter Betsey shall be for the use of her
children after her death share and share alike to them
and their heirs and their assigned forever.
And further it is my will that the
whole of my Mansion farm on which I now reside
or the proceeds after sale be divided equally between
my sons William and Alexander McCutchen Betsey E
Comman and my three grand children Sarah Harvey Jane
Harvey and Alexander M. Harvey the three children of
my daughter Margaret Harvey deceased so that the said
three children shall have the one fourth of the money
arising from the sale of the said Mansion farm the
said three named children to get but the one fourth of
said farm to their own proper use and benefit forever
and further it is my will that my daughter Betsey
E. Comman is to have one half of the [illegible] of
my said Mansion farm for her support until said
farm is sold I bequeath to my two sons Alexander and
William McCutchen my wearing apparrel I bequeath to my
daughter Betsey and to my three grandchildren Sarah
Jane and Alexander M. Harvey the whole of my books except
Henrys Commentarys which is before bequeathed to be equally
divided between them and further it is my will that
my Executors hereinafter named shall the whole of my
personal property except such as has been bequeathed
and which is hereafter bequeathed and after paying all
just debts and funeral expenses and other legal charges
the overplus I allow my executors to divide equally
[corresponds to labeled page 342 of Will Record Volume 4 1859 - 1869]
342
Record of the last Will of Alexander McCutchen decd
of them to sell and convey to the purchasers my Mansion
farm in which I now reside in the County of Franklin and
State of Pensylvania as soon as convenient after my decease
to the best advantage and out of the first payment
of said tract of land to pay my said daughter Betsey E
Comman three hundred dollars and the residue of her one
fourth part of the money arising from the sale of said
Mansion farm is to be laid out by my two sons or
either of them in the purchase of land or property
in town or in erecting Mill works or either Machinery
on the farm bequeathed to my said daughter Betsey and
her children the property thus purchased or improved
I allow my said daughter to have and enjoy during
her life and at her death it is my will that her
lawful issue shall have and enjoy the whole of said
property viz the Buzzard tract of land in Ohio and the
land or town property bought out of the proceeds of
my mansion farm as above directed for the use of
my said daughter Betsey shall be for the use of her
children after her death share and share alike to them
and their heirs and their assigned forever.
And further it is my will that the
whole of my Mansion farm on which I now reside
or the proceeds after sale be divided equally between
my sons William and Alexander McCutchen Betsey E
Comman and my three grand children Sarah Harvey Jane
Harvey and Alexander M. Harvey the three children of
my daughter Margaret Harvey deceased so that the said
three children shall have the one fourth of the money
arising from the sale of the said Mansion farm the
said three named children to get but the one fourth of
said farm to their own proper use and benefit forever
and further it is my will that my daughter Betsey
E. Comman is to have one half of the [illegible] of
my said Mansion farm for her support until said
farm is sold I bequeath to my two sons Alexander and
William McCutchen my wearing apparrel I bequeath to my
daughter Betsey and to my three grandchildren Sarah
Jane and Alexander M. Harvey the whole of my books except
Henrys Commentarys which is before bequeathed to be equally
divided between them and further it is my will that
my Executors hereinafter named shall the whole of my
personal property except such as has been bequeathed
and which is hereafter bequeathed and after paying all
just debts and funeral expenses and other legal charges
the overplus I allow my executors to divide equally
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 375)
Description
[page 375]
[corresponds to labeled page 343 of Will Record Volume 4 1859 - 1869]
343
Record of the Last Will of Alexander McCutchen decd.
between my children and grand children viz my
daughter Catharine McCutchen Betsey E. Comman and
my two sons William and Alexander McCutchen and
my three grand children heirs of my daughter
Margaret Harvey deceased so that the said overplus
be divided into five equal shares and further I
bequeath to my grandson Alexander M. Harvey my
yearling colt and also I allow him one bed and
bedding and I allow each of my grand daughters Jane
Harvey and Sarah Harvey to have a bed and bedding
the two beds I allow to Jane and Sarah is to be
their mothers beds and lastly I nominate and
appoint William Stover and John P. Comman Executors
of this my last will and testament and full power
to carry it into complete effect.
In testimony whereof I have hereunto set
my hand and seal the 19th day of August one
thousand eight hundred and forty two.
Alexander McCutchen
Published in presence of }
Jones Rohanser }
Andrew B. Rankin }
In addition to the former part of my
Will I give and bequeath to my two grandsons
children of my daughter Betsey E. Comman viz to John
Siless Comman and Robert Barrett Comman an
equal share or proport of the whole of the Estate
bequeathed their mother in sixth bequest so that after
her decease the said John & Robert shall have and enjoy
an equal part of said estate with the other children
of my said daughter Betsey E Comman in testimony
whereof I have hereunto set my hand and seal the
twenty nineth day of August one thousand eight hundred
and forty two.
Alexander McCutchen
Witness present at signing }
Jonas Rahanser }
Andrew B. Rankin }
The State of Pensylvania Franklin County SS
7th August 1844 Personally appeared before me Register etc
in and for said County Jonas Rahanser and Andrew
B. Rankin Esqr the subscribing witnesses to the foregoing
last will and codicil of Alexander McCutchen decd who
being duly sworn according to law did depose and
say they were personally present and saw the said
[corresponds to labeled page 343 of Will Record Volume 4 1859 - 1869]
343
Record of the Last Will of Alexander McCutchen decd.
between my children and grand children viz my
daughter Catharine McCutchen Betsey E. Comman and
my two sons William and Alexander McCutchen and
my three grand children heirs of my daughter
Margaret Harvey deceased so that the said overplus
be divided into five equal shares and further I
bequeath to my grandson Alexander M. Harvey my
yearling colt and also I allow him one bed and
bedding and I allow each of my grand daughters Jane
Harvey and Sarah Harvey to have a bed and bedding
the two beds I allow to Jane and Sarah is to be
their mothers beds and lastly I nominate and
appoint William Stover and John P. Comman Executors
of this my last will and testament and full power
to carry it into complete effect.
In testimony whereof I have hereunto set
my hand and seal the 19th day of August one
thousand eight hundred and forty two.
Alexander McCutchen
Published in presence of }
Jones Rohanser }
Andrew B. Rankin }
In addition to the former part of my
Will I give and bequeath to my two grandsons
children of my daughter Betsey E. Comman viz to John
Siless Comman and Robert Barrett Comman an
equal share or proport of the whole of the Estate
bequeathed their mother in sixth bequest so that after
her decease the said John & Robert shall have and enjoy
an equal part of said estate with the other children
of my said daughter Betsey E Comman in testimony
whereof I have hereunto set my hand and seal the
twenty nineth day of August one thousand eight hundred
and forty two.
Alexander McCutchen
Witness present at signing }
Jonas Rahanser }
Andrew B. Rankin }
The State of Pensylvania Franklin County SS
7th August 1844 Personally appeared before me Register etc
in and for said County Jonas Rahanser and Andrew
B. Rankin Esqr the subscribing witnesses to the foregoing
last will and codicil of Alexander McCutchen decd who
being duly sworn according to law did depose and
say they were personally present and saw the said
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 376)
Description
[page 376]
[corresponds to labeled page 344 Will Record Volume 4 1859 - 1869]
344
Record of the Last Will of Alexander McCutchen decd
Alexander McCutchen sign his name unto and heard
him publish pronounce and declare both instruments
to be his last will and testament and that at
the time of the doing thereof of the said deceased
was of sound and disposing mind memory and understand-
=ing according to the best of their understanding and
belief and that their names thereto subscribed as
witnesses are in their own proper hand writing and
done at the same time.
Jonas Rahanser
Andrew B. Rankin
Sworn to and Subscribed before
John W. Rogers
Regs
7th August 1844 you William Stover do affirm and
John P. Comman do swear that as executors of the last
will and testament of Alexander McCutchen deceased
you will well and truly administer the goods and chattels
rights and credits of said deceased according to law
and also will diligently and faithfully regard and
well and truly comply with the provisions of the law
relating to collateral inheritances
Before John W. Rogers
Register
The State of Ohio }
Richland County SS } I Joel Myers Judge of the Probate Court
in and for said County, do hereby certify
that the within foregoing and attached writing is a correct
copy from the Will Record of said county now in said
Probate Court of the Last Will and testament and Codicil etc
of Alexander McCutchen.
Witness, my signature and the seal of said Court
at Mansfield, this 11th day of June A.D. 1867
{Seal} Joel Myers Probate Judge
By Henry D. Keith Deputy Clerk
____________________________
____________________________
[corresponds to labeled page 344 Will Record Volume 4 1859 - 1869]
344
Record of the Last Will of Alexander McCutchen decd
Alexander McCutchen sign his name unto and heard
him publish pronounce and declare both instruments
to be his last will and testament and that at
the time of the doing thereof of the said deceased
was of sound and disposing mind memory and understand-
=ing according to the best of their understanding and
belief and that their names thereto subscribed as
witnesses are in their own proper hand writing and
done at the same time.
Jonas Rahanser
Andrew B. Rankin
Sworn to and Subscribed before
John W. Rogers
Regs
7th August 1844 you William Stover do affirm and
John P. Comman do swear that as executors of the last
will and testament of Alexander McCutchen deceased
you will well and truly administer the goods and chattels
rights and credits of said deceased according to law
and also will diligently and faithfully regard and
well and truly comply with the provisions of the law
relating to collateral inheritances
Before John W. Rogers
Register
The State of Ohio }
Richland County SS } I Joel Myers Judge of the Probate Court
in and for said County, do hereby certify
that the within foregoing and attached writing is a correct
copy from the Will Record of said county now in said
Probate Court of the Last Will and testament and Codicil etc
of Alexander McCutchen.
Witness, my signature and the seal of said Court
at Mansfield, this 11th day of June A.D. 1867
{Seal} Joel Myers Probate Judge
By Henry D. Keith Deputy Clerk
____________________________
____________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 377)
Description
[page 377]
[corresponds to labeled page 345 of Will Record Volume 4 1859 - 1969]
345
Record of the Will of Cephas Carter dec'd
Proceedings had before Thomas W.
Powell, Judge of the Probate Court within and for the
County of Delaware and State of Ohio at his office at
Delaware Ohio on the 12th day of July A.D. 1867.
This day the last will and testament of Cephas
Carter, late of Delaware dec'd was presented to the
Court for Probate and record, thereupon Henry J. Eaton
and Jacob Reifs the two subscribing witnesses to the
said will came into Court and were duly sworn and
examined and their examination and testimony
reduced to writing 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 testator at the time of executing was
of full age, and of sound mind and memory and
not under any restraint: Thereupon the Court upon consideration
of the matter, orders that the said will be admitted to
probate as duly proved as the last will and testament
of the said Cephas Carter dec'd and ordered to be
recorded as such.
Thereupon, and it appearing that Griffith
Roberts the executor named in the will is dead, on
motion and consideration the Court appointed Oren
Shumway Administrator with the will annexed of the
Estate of the said Cephas Carter decd. who gave
bonds in the sum of $15,000 with Alexander Horton,
John M. Pugh and Harriett S. Carter his sureties and
the Court appoint Charles Stenbeck, Archabald Lybrand and
Moses L. Starr appraisers of the said estate.
T. W. Powell Probate Judge
(Copy of Will)
On this fourth day of April in the year of our Lord
Eighteen hundred and Sixty Six, I, Cephas Carter of the
town of Delaware, County of Delaware, State of Ohio, do
make and publish, this my last will and testament
hereby revoking any & all former wills by me made
Item 1st I do give devise and bequeath to my
daughter Harriet S. Carter, the premises where we now
reside situated on the East side of Liberty Street between
Winter Street & North Street in the town of Delaware, Ohio
[corresponds to labeled page 345 of Will Record Volume 4 1859 - 1969]
345
Record of the Will of Cephas Carter dec'd
Proceedings had before Thomas W.
Powell, Judge of the Probate Court within and for the
County of Delaware and State of Ohio at his office at
Delaware Ohio on the 12th day of July A.D. 1867.
This day the last will and testament of Cephas
Carter, late of Delaware dec'd was presented to the
Court for Probate and record, thereupon Henry J. Eaton
and Jacob Reifs the two subscribing witnesses to the
said will came into Court and were duly sworn and
examined and their examination and testimony
reduced to writing 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 testator at the time of executing was
of full age, and of sound mind and memory and
not under any restraint: Thereupon the Court upon consideration
of the matter, orders that the said will be admitted to
probate as duly proved as the last will and testament
of the said Cephas Carter dec'd and ordered to be
recorded as such.
Thereupon, and it appearing that Griffith
Roberts the executor named in the will is dead, on
motion and consideration the Court appointed Oren
Shumway Administrator with the will annexed of the
Estate of the said Cephas Carter decd. who gave
bonds in the sum of $15,000 with Alexander Horton,
John M. Pugh and Harriett S. Carter his sureties and
the Court appoint Charles Stenbeck, Archabald Lybrand and
Moses L. Starr appraisers of the said estate.
T. W. Powell Probate Judge
(Copy of Will)
On this fourth day of April in the year of our Lord
Eighteen hundred and Sixty Six, I, Cephas Carter of the
town of Delaware, County of Delaware, State of Ohio, do
make and publish, this my last will and testament
hereby revoking any & all former wills by me made
Item 1st I do give devise and bequeath to my
daughter Harriet S. Carter, the premises where we now
reside situated on the East side of Liberty Street between
Winter Street & North Street in the town of Delaware, Ohio
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 378)
Description
[page 378]
[corresponds to labeled page 346 of Will Record Volume 4 1859 - 1969]
346
Record of the Will of Cephas Carter dec'd
being the middle part of Inlot number sixteen
in said town, more particularly described in the deed
therefor made to me & dated April 1st A.D. 1865 from Elizabeth
C McCracken, recorded in record of deeds for said County
Volume 52 page 347 being the same premises in said deed
described, I bequeath the said premises to my said daughter
Harriet S. to be hers absolutely in fee simple, together with
my household furniture.
Item 2d. It is my will, and I desire & do here give &
bequeath all the residue of my property not included
in item number one, of whatsoever nature or form the
said property may be in at my decease whether real
or personal property, notes, bonds, accounts, or in
whatsoever other form the same may be in, to my son Benjamin
F. Carter & my daughters Abigail Parks, (wife of James Parks
of Columbus Ohio) Almeda S. Roberts (wife of Griffith Roberts of
Columbus, Ohio.) Augenette Shumway (wife of Orin Shumway
of Columbus Ohio) & Harriet S. Carter of Delaware Ohio,
to be equally divided amongst them, that is, to each
of them the one fifth (1/5) part of the residue of my
property not included in item number one.
Item 3rd I nominate, constitute and appoint my son in
law, the said Griffith Roberts of the City of Columbus Ohio,
Executor of this my last will & testament.
In testimony whereof I, the said
Cephas Carter, have hereunto set my hand & seal this fourth
day of April A.D. 1866
Cephas Carter {seal}
Signed by said Cephas Carter in our presence, & by him
to us acknowledged to be his his last will & testament, &
signed by us as witnesses thereto, at his request & in his
presence & in the presence of each other
Jacob Reiss
Henry J. Eaton
The State of Ohio, Delaware County Ss.
In the matter of the last will and
testament of Cephas Carter late of Delaware deceased;
We, Henry J. Eaton and Jacob
Reiss being sworn in open Court this 12th day of July
A.D., 1867. depose and say, that we were present at
the execution of the last will and testament of Cephas
Carter of Delaware Ohio, hereto annexed; that we
[corresponds to labeled page 346 of Will Record Volume 4 1859 - 1969]
346
Record of the Will of Cephas Carter dec'd
being the middle part of Inlot number sixteen
in said town, more particularly described in the deed
therefor made to me & dated April 1st A.D. 1865 from Elizabeth
C McCracken, recorded in record of deeds for said County
Volume 52 page 347 being the same premises in said deed
described, I bequeath the said premises to my said daughter
Harriet S. to be hers absolutely in fee simple, together with
my household furniture.
Item 2d. It is my will, and I desire & do here give &
bequeath all the residue of my property not included
in item number one, of whatsoever nature or form the
said property may be in at my decease whether real
or personal property, notes, bonds, accounts, or in
whatsoever other form the same may be in, to my son Benjamin
F. Carter & my daughters Abigail Parks, (wife of James Parks
of Columbus Ohio) Almeda S. Roberts (wife of Griffith Roberts of
Columbus, Ohio.) Augenette Shumway (wife of Orin Shumway
of Columbus Ohio) & Harriet S. Carter of Delaware Ohio,
to be equally divided amongst them, that is, to each
of them the one fifth (1/5) part of the residue of my
property not included in item number one.
Item 3rd I nominate, constitute and appoint my son in
law, the said Griffith Roberts of the City of Columbus Ohio,
Executor of this my last will & testament.
In testimony whereof I, the said
Cephas Carter, have hereunto set my hand & seal this fourth
day of April A.D. 1866
Cephas Carter {seal}
Signed by said Cephas Carter in our presence, & by him
to us acknowledged to be his his last will & testament, &
signed by us as witnesses thereto, at his request & in his
presence & in the presence of each other
Jacob Reiss
Henry J. Eaton
The State of Ohio, Delaware County Ss.
In the matter of the last will and
testament of Cephas Carter late of Delaware deceased;
We, Henry J. Eaton and Jacob
Reiss being sworn in open Court this 12th day of July
A.D., 1867. depose and say, that we were present at
the execution of the last will and testament of Cephas
Carter of Delaware Ohio, hereto annexed; that we
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 379)
Description
[page 379]
[corresponds to labeled page 347 of Will Record Volume 4 1859 - 1969]
347
Record of the Will of Cephas Carter Decd
saw the said testator subscribe said will and
heard him publish and declare the same to be
his last will and testament, and that the said
testator at the time of executing the same was of
full age, and of sound mind and memory, and
not under any restraint, and that we signed the
same as witnesses at his request and in his presence
and in the presence of each other.
Henry J. Eaton
Jacob Reiss
Sworn to and subscribed before me in the Probate
Court this 12th day of July AD 1867.
T.W. Powell Probate Judge
_______________________________________________
Record of the Will of David T. Sherman deceased
Proceedings had before Thomas W. Powell
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 30th day of August A.D. 1867.
This day the last will and testament of David
T. Sherman late of Berkshier Township in this County decd.
was presented to the Court for Probate & record. Thereupon James
P. Crawford and Amos Utley the subscribing witnesses
to the said will came into Court and were duly sworn and
examined, and their testimony recuded 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 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 David T. Sherman
decd and ordered to be recorded as such.
T.W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I David T. Sherman of the Township
of Berkshire County of Delaware and State of Ohio do
make and publish this my last will and Testament.
Item 1st I give and devise to my Beloved Wife in
lieu of her dower the house and Lot on which we
now reside said Lot Bounded and described as
follows on the West by Berkshire Street on the
[corresponds to labeled page 347 of Will Record Volume 4 1859 - 1969]
347
Record of the Will of Cephas Carter Decd
saw the said testator subscribe said will and
heard him publish and declare the same to be
his last will and testament, and that the said
testator at the time of executing the same was of
full age, and of sound mind and memory, and
not under any restraint, and that we signed the
same as witnesses at his request and in his presence
and in the presence of each other.
Henry J. Eaton
Jacob Reiss
Sworn to and subscribed before me in the Probate
Court this 12th day of July AD 1867.
T.W. Powell Probate Judge
_______________________________________________
Record of the Will of David T. Sherman deceased
Proceedings had before Thomas W. Powell
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 30th day of August A.D. 1867.
This day the last will and testament of David
T. Sherman late of Berkshier Township in this County decd.
was presented to the Court for Probate & record. Thereupon James
P. Crawford and Amos Utley the subscribing witnesses
to the said will came into Court and were duly sworn and
examined, and their testimony recuded 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 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 David T. Sherman
decd and ordered to be recorded as such.
T.W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I David T. Sherman of the Township
of Berkshire County of Delaware and State of Ohio do
make and publish this my last will and Testament.
Item 1st I give and devise to my Beloved Wife in
lieu of her dower the house and Lot on which we
now reside said Lot Bounded and described as
follows on the West by Berkshire Street on the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 380)
Description
[page 380]
[corresponds to labeled page 348 of Will Record Volume 4 1859 - 1969]
348
Record of the Will of David T Sherman decd
South by land belonging to John Frost on the East by
H. C. Frosts lands and on the North by lands belonging to
Amos Utley and Isreal Bach containing about four and
three quarter Acres. Also my lot on the West of Berkshier
Street Bounded, Bounded on the East by Berkshier Street
on the North by J.P. Crawfords lot on the West by John M.
Frosts land and on South by David Shermans Lot.
Also a lot of land West of Berkshier Corners and
on the North side of the road leading to Delaware Bounded
and described as follows on the South by said Delaware road
on the East by land belonging to Isiah Rosecrans on the
North by land belonging to Horrace Plumb and on the West
by land belonging to J.F. Scott containing ten acres
And all the Stock household goods furniture
provisions and other goods and chattels which may be
thereon at the time of my decease She however selling
so much thereof as may be sufficient to pay my just debts
Item 2nd I do hereby nominate and appoint my son
Everett S. Sherman Executor of this my last Will and
testament hereby authorizing and empowering him to
compromise adjust release & discharge in such manner
as he may deem proper the debts and claims due me
I do also authorize and empower him if it shall become
necessary 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 any part of my
real estate and deeds to purchasers to execute acknowledge
and deliver in fee simple. I do hereby revoke all former
wills by me made.
In testimony whereof I have hereunto set my
hand and seal this 6th day of March 1867.
D.T. Sherman {seal}
Signed and acknowledged by said David T. Sherman
as his last Will and testament in our presence and
signed by us in his presence
{U.S. Stamp $1.00} J. P. Crawford
Amos Utley
The State of Ohio Delaware County. Ss.
In the matter of the last Will
and testament of David T Sherman late of Berkshier
Township deceased.
We James P. Crawford and Amos Utley being
duly sworn in open court this 30th day of August
[corresponds to labeled page 348 of Will Record Volume 4 1859 - 1969]
348
Record of the Will of David T Sherman decd
South by land belonging to John Frost on the East by
H. C. Frosts lands and on the North by lands belonging to
Amos Utley and Isreal Bach containing about four and
three quarter Acres. Also my lot on the West of Berkshier
Street Bounded, Bounded on the East by Berkshier Street
on the North by J.P. Crawfords lot on the West by John M.
Frosts land and on South by David Shermans Lot.
Also a lot of land West of Berkshier Corners and
on the North side of the road leading to Delaware Bounded
and described as follows on the South by said Delaware road
on the East by land belonging to Isiah Rosecrans on the
North by land belonging to Horrace Plumb and on the West
by land belonging to J.F. Scott containing ten acres
And all the Stock household goods furniture
provisions and other goods and chattels which may be
thereon at the time of my decease She however selling
so much thereof as may be sufficient to pay my just debts
Item 2nd I do hereby nominate and appoint my son
Everett S. Sherman Executor of this my last Will and
testament hereby authorizing and empowering him to
compromise adjust release & discharge in such manner
as he may deem proper the debts and claims due me
I do also authorize and empower him if it shall become
necessary 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 any part of my
real estate and deeds to purchasers to execute acknowledge
and deliver in fee simple. I do hereby revoke all former
wills by me made.
In testimony whereof I have hereunto set my
hand and seal this 6th day of March 1867.
D.T. Sherman {seal}
Signed and acknowledged by said David T. Sherman
as his last Will and testament in our presence and
signed by us in his presence
{U.S. Stamp $1.00} J. P. Crawford
Amos Utley
The State of Ohio Delaware County. Ss.
In the matter of the last Will
and testament of David T Sherman late of Berkshier
Township deceased.
We James P. Crawford and Amos Utley being
duly sworn in open court this 30th day of August
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 381)
Description
[page 381]
[corresponds to labeled page 349 of Will Record Volume 4 1859 - 1969]
349
Record of the Will of David T. Sherman deceased
A.D. 1867, depose and say, that we were present at the
execution of the last will and testament of David T.
Sherman of Berkshier 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
J.P. Crawford
Amos Utley
Sworn to and Subscribed before me in the Probate Court
this 30th day of August A.D. 1867.
T.W. Powell Probate Judge
___________________________________
Record of the Will of Henry Faulkner deceased
Proceedings had before Thomas W. Powell
Judge of the Probate Court within and for the
County of Delaware and State of Ohio at his Office
on the 6th day of September A.D. 1867.
This day the Will and Codicil of Henry
Faulkner late of Brown Township and more recently
of Delaware decd, was presented for probate and record.
Thereupon came Charles Neil and Benjamin F. Loofbourrow
the witnesses to the same Will; and Charles Neil and
John W. Neil as witnesses. into Court and were duly sworn
and examined as such witnesses, and their testimony
reduced to writing and filed with the will; and it
appearing to the Court that the said will and codicil
were duly executed and attested; and that the testator
at the time of the execution thereof, was of sound
mind and memory, and of full age and not under
any restraint; the Court upon consideration thereof
Orders that the said Will and Codicil be admitted
to probate as the last will and testament of the
said Henry Faulkner decd and ordered to be recorded
as such
T.W. Powell
Probate Judge
[corresponds to labeled page 349 of Will Record Volume 4 1859 - 1969]
349
Record of the Will of David T. Sherman deceased
A.D. 1867, depose and say, that we were present at the
execution of the last will and testament of David T.
Sherman of Berkshier 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
J.P. Crawford
Amos Utley
Sworn to and Subscribed before me in the Probate Court
this 30th day of August A.D. 1867.
T.W. Powell Probate Judge
___________________________________
Record of the Will of Henry Faulkner deceased
Proceedings had before Thomas W. Powell
Judge of the Probate Court within and for the
County of Delaware and State of Ohio at his Office
on the 6th day of September A.D. 1867.
This day the Will and Codicil of Henry
Faulkner late of Brown Township and more recently
of Delaware decd, was presented for probate and record.
Thereupon came Charles Neil and Benjamin F. Loofbourrow
the witnesses to the same Will; and Charles Neil and
John W. Neil as witnesses. into Court and were duly sworn
and examined as such witnesses, and their testimony
reduced to writing and filed with the will; and it
appearing to the Court that the said will and codicil
were duly executed and attested; and that the testator
at the time of the execution thereof, was of sound
mind and memory, and of full age and not under
any restraint; the Court upon consideration thereof
Orders that the said Will and Codicil be admitted
to probate as the last will and testament of the
said Henry Faulkner decd and ordered to be recorded
as such
T.W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 382)
Description
[page 382]
[corresponds to labeled page 350 of Will Record Volume 4 1859 - 1969]
350
Record of the Will of Henry Faulkner decd.
(Copy of the Will)
In the name of the Benevolent Father of all;
I Henry Faulkner 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 we now reside
Situated in Brown Township Delaware County & State of Ohio
containing one hundred four and a half acres during her
natural life, and all the stock, household goods, furniture
Provisions, and other goods and chattels which may be
thereon at the time of my decease during her natural life as aforesaid. She however selling
and disposing of so much thereof as may be sufficient
to pay my just debts and that my two daughters
Phebe Faulkner & Harriet Faulkner have a home on the
farm aforesaid as long as they remain single - and
that my daughter Harriet Faulkner is to have a liberal
education out of the proceeds of my said personal
property and farm. 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 there remain
unconsumed and unexpended I give and devise to my
two sons Oscar Faulkner & James Clark Faulkner and
my three daughters Phebe Faulkner, Harriet Faulkner &
Eliza A. Jackson and their heirs to be divided equally
among them.
In testimony whereof I have hereunto set my
hand and seal this 13th day of February AD 1867
Henry Faulkner {seal}
Signed and acknowledged by said Henry Faulkner
as his last will & testament in our presence & signed
by us in his presence
B.F. Loofbourrow
Charles Neil
The State of Ohio, Delaware County, Ss
In the matter of the last will and testament of Henry
Faulkner late of Brown Township deceased.
We Benjamin F. Loofbourrow and Charles Neil
being duly sworn in open Court this 6th day of
September A.D. 1867, depose and say, that we were
present at the execution of the last Will and
testament of Henry Faulkner (then) of Brown Township
hereto annexed; that we saw the said testator subscribe
said Will and heard him publish and declare
[corresponds to labeled page 350 of Will Record Volume 4 1859 - 1969]
350
Record of the Will of Henry Faulkner decd.
(Copy of the Will)
In the name of the Benevolent Father of all;
I Henry Faulkner 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 we now reside
Situated in Brown Township Delaware County & State of Ohio
containing one hundred four and a half acres during her
natural life, and all the stock, household goods, furniture
Provisions, and other goods and chattels which may be
thereon at the time of my decease during her natural life as aforesaid. She however selling
and disposing of so much thereof as may be sufficient
to pay my just debts and that my two daughters
Phebe Faulkner & Harriet Faulkner have a home on the
farm aforesaid as long as they remain single - and
that my daughter Harriet Faulkner is to have a liberal
education out of the proceeds of my said personal
property and farm. 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 there remain
unconsumed and unexpended I give and devise to my
two sons Oscar Faulkner & James Clark Faulkner and
my three daughters Phebe Faulkner, Harriet Faulkner &
Eliza A. Jackson and their heirs to be divided equally
among them.
In testimony whereof I have hereunto set my
hand and seal this 13th day of February AD 1867
Henry Faulkner {seal}
Signed and acknowledged by said Henry Faulkner
as his last will & testament in our presence & signed
by us in his presence
B.F. Loofbourrow
Charles Neil
The State of Ohio, Delaware County, Ss
In the matter of the last will and testament of Henry
Faulkner late of Brown Township deceased.
We Benjamin F. Loofbourrow and Charles Neil
being duly sworn in open Court this 6th day of
September A.D. 1867, depose and say, that we were
present at the execution of the last Will and
testament of Henry Faulkner (then) of Brown Township
hereto annexed; that we saw the said testator subscribe
said Will and heard him publish and declare
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 383)
Description
[page 383]
[corresponds to labeled page 351 of Will Record Volume 4 1859 - 1969]
351
Record of the Will of Henry Faulkner deceased
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.
Benjamin F. Loofbourrow
Charles Neil
Sworn to and subscribed before me in the Probate
Court this 6th day of September A.D. 1867.
T.W. Powell Pro. Judge
(Copy of Codicil)
Whereas I Henry Faulkner on the 13th day of February
in the year of 1864 made my last will and Testament
of that day, do hereby declare the following to be a
Codicil to the same;
I hereby give and bequeath to my Beloved wife
Eliza Faulkner, The House and lot on which we live
in the Town of Delaware in Delaware County, Ohio,
with full power to sell and dispose of the same as
She may see fit
In testimony whereof I hereunto Set my
hand and seal this Eleventh day of January
in the year of Our Lord one thousand eight hundred
and sixty seven
Henry Faulkner {seal}
Signed and acknowledged by said Henry Faulkner
as a Codicil to his last will & testament in our
presence & signed by us in his presence
{U.S. Stamps $3.00} Charles Neil
John W. Neil
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Henry Faulkner
late of Delaware Township deceased. We Charles Neil and John
W. Neil being duly sworn in open court this 6th day of September
AD 1867 depose and say, that we were present at the execution
of the last will and testament and the codicil thereto of Henry Faulkner
late of Delaware hereto annexed; that we saw the said
testator subscribe said codicil and heard him publish
[corresponds to labeled page 351 of Will Record Volume 4 1859 - 1969]
351
Record of the Will of Henry Faulkner deceased
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.
Benjamin F. Loofbourrow
Charles Neil
Sworn to and subscribed before me in the Probate
Court this 6th day of September A.D. 1867.
T.W. Powell Pro. Judge
(Copy of Codicil)
Whereas I Henry Faulkner on the 13th day of February
in the year of 1864 made my last will and Testament
of that day, do hereby declare the following to be a
Codicil to the same;
I hereby give and bequeath to my Beloved wife
Eliza Faulkner, The House and lot on which we live
in the Town of Delaware in Delaware County, Ohio,
with full power to sell and dispose of the same as
She may see fit
In testimony whereof I hereunto Set my
hand and seal this Eleventh day of January
in the year of Our Lord one thousand eight hundred
and sixty seven
Henry Faulkner {seal}
Signed and acknowledged by said Henry Faulkner
as a Codicil to his last will & testament in our
presence & signed by us in his presence
{U.S. Stamps $3.00} Charles Neil
John W. Neil
The State of Ohio, Delaware County, Ss.
In the matter of the last will and testament of Henry Faulkner
late of Delaware Township deceased. We Charles Neil and John
W. Neil being duly sworn in open court this 6th day of September
AD 1867 depose and say, that we were present at the execution
of the last will and testament and the codicil thereto of Henry Faulkner
late of Delaware hereto annexed; that we saw the said
testator subscribe said codicil and heard him publish
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 384)
Description
[page 384]
[corresponds to labeled page 352 of Will Record Volume 4 1859 - 1969]
352
Record of the Will & Codicil of Henry Faulkner deceased
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
Charles Neil
John W Neil
Sworn to and subscribed before me in the Probate
Court this 6th day of September AD 1867.
T. W. Powell
Pro. Judge
===============================
Record ofthe last Will of David Rogers deceased.
Proceedings had before Thomas W Powell
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 19th day of September A.D. 1867.
This day the last Will and testament of
David Rogers, late of Genoa formerly of Harlem
Township in this County. deceased was presented
to the Court for probate and record, Thereupon Jane
McMillen and Jedediah Allen came into Court as
Witnesses to prove the Will who 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 I E Buck one of the witnesses to the said
will is deceased, and his handwriting as such witness
thereto is duly proved; Thomas W. Powell the other witness
hereto now the Probate Judge asserts and says that the
said will was duly executed and attested by the said
witnesses in the attestation clause in the said Will
and it appearing to the Court and the Court so finds,
that the said testator as the time of executing the
said Will, 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 ordered
and testament of the said David Rogers decd. and
recorded as such
T.W. Powell
Probate Judge
[corresponds to labeled page 352 of Will Record Volume 4 1859 - 1969]
352
Record of the Will & Codicil of Henry Faulkner deceased
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
Charles Neil
John W Neil
Sworn to and subscribed before me in the Probate
Court this 6th day of September AD 1867.
T. W. Powell
Pro. Judge
===============================
Record ofthe last Will of David Rogers deceased.
Proceedings had before Thomas W Powell
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 19th day of September A.D. 1867.
This day the last Will and testament of
David Rogers, late of Genoa formerly of Harlem
Township in this County. deceased was presented
to the Court for probate and record, Thereupon Jane
McMillen and Jedediah Allen came into Court as
Witnesses to prove the Will who 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 I E Buck one of the witnesses to the said
will is deceased, and his handwriting as such witness
thereto is duly proved; Thomas W. Powell the other witness
hereto now the Probate Judge asserts and says that the
said will was duly executed and attested by the said
witnesses in the attestation clause in the said Will
and it appearing to the Court and the Court so finds,
that the said testator as the time of executing the
said Will, 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 ordered
and testament of the said David Rogers decd. and
recorded as such
T.W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 385)
Description
[page 385]
[corresponds to labeled page 353 of Will Record Volume 4 1859 - 1969]
353
Record of the Will of David Rogers decd
(Copy of the Will)
Be it known that I, David Rogers of Harlem
Township in Delaware County, Ohio do make, declare
and publish this as my last will and testament
as follows, to wit;
1 I hereby will, bequeath and devise all my property
real and personal of every name and description
to my beloved wife Sylvia formerly Sylva Phelps, to her
and her heirs and assignes forever
II I will and devise unto the said Sylvia a tract of
land of about twenty five acres on which I now reside,
in the second section third Township and sixteenth Range
U.S. Military lands in the said County of Delaware and
being the same land which I formerly mortgaged to the
said Sylva Phelps to secure to her the payment of
one hundred & ninety dollars bearing date the 2nd
day of February A.D. 1839 and recorded in the office of
the Recorder of Deeds Vol. 19 page 261. which land I give
and devise to the said Sylva her heirs and assignes
forever.
III I make and appoint my said Wife the executor of this
my last Will
Witnesses my hand this 28th day of August 1852
David Rogers
Signed, published & declared by the said testator David
Rogers in the presence of the undersigned who at his
request, in his presence & in the presence of each other
have signed their names hereto as witnesses on the day
above written T.W. Powell
I.E. Buck
The State of Ohio and Delaware County, Ss
In the matter of the last will & testament of David Rogers
late of Genoa Township and formerly of Harlem Township
decd.
Jane McMillen being duly sworn and says that she
was well acquainted with David Rogers whose will is hereto
annexed. that she knew him from the date of said Will up
up to the time of his death which happened in Genoa on or about the
first day of october 1866, and that he was at the date of said will and up to
his death a man of sound mind and memory; capable of making his will
Also came Jedediah Allen being also duly sworn upon his oath says that he was
well acquainted with I. E. Buck one of the witnesses to the annexed
will and was well acquainted with his hand writing and says that the signature
to said will as witness was in his own proper hand writing that said Buck has
now been dead for many years, That there can be no doubt but that the same will
was duly made and attested from the carracture of Mr Buck
Jane McMillen
J Allen
Sworn to & subscribed before me in open Court this 19th day of September 1867
T.W. Powell Probate Judge
[corresponds to labeled page 353 of Will Record Volume 4 1859 - 1969]
353
Record of the Will of David Rogers decd
(Copy of the Will)
Be it known that I, David Rogers of Harlem
Township in Delaware County, Ohio do make, declare
and publish this as my last will and testament
as follows, to wit;
1 I hereby will, bequeath and devise all my property
real and personal of every name and description
to my beloved wife Sylvia formerly Sylva Phelps, to her
and her heirs and assignes forever
II I will and devise unto the said Sylvia a tract of
land of about twenty five acres on which I now reside,
in the second section third Township and sixteenth Range
U.S. Military lands in the said County of Delaware and
being the same land which I formerly mortgaged to the
said Sylva Phelps to secure to her the payment of
one hundred & ninety dollars bearing date the 2nd
day of February A.D. 1839 and recorded in the office of
the Recorder of Deeds Vol. 19 page 261. which land I give
and devise to the said Sylva her heirs and assignes
forever.
III I make and appoint my said Wife the executor of this
my last Will
Witnesses my hand this 28th day of August 1852
David Rogers
Signed, published & declared by the said testator David
Rogers in the presence of the undersigned who at his
request, in his presence & in the presence of each other
have signed their names hereto as witnesses on the day
above written T.W. Powell
I.E. Buck
The State of Ohio and Delaware County, Ss
In the matter of the last will & testament of David Rogers
late of Genoa Township and formerly of Harlem Township
decd.
Jane McMillen being duly sworn and says that she
was well acquainted with David Rogers whose will is hereto
annexed. that she knew him from the date of said Will up
up to the time of his death which happened in Genoa on or about the
first day of october 1866, and that he was at the date of said will and up to
his death a man of sound mind and memory; capable of making his will
Also came Jedediah Allen being also duly sworn upon his oath says that he was
well acquainted with I. E. Buck one of the witnesses to the annexed
will and was well acquainted with his hand writing and says that the signature
to said will as witness was in his own proper hand writing that said Buck has
now been dead for many years, That there can be no doubt but that the same will
was duly made and attested from the carracture of Mr Buck
Jane McMillen
J Allen
Sworn to & subscribed before me in open Court this 19th day of September 1867
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 386)
Description
[page 386]
[corresponds to labeled page 354 of Will Record Volume 4 1859 - 1969]
354
Record of last Will of John P. Gray Deceased
Proceedings had before Thomas W Powell,
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 4th day of October A.D. 1867.
This day the last will and testament of
John P. Gray late of Liberty Township in this county
decd. was presented to the court for probate & record
Thereupon John D Howey and John Moorehead the two subscrib-
ing Witnesses 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 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, John
P. Gray decd, and ordered to be recorded as such.
Thereupon letters testamentary were granted to Mrs.
Eliza Gray the widow and testatrix named in the Will
who gave bonds in the sum of $2000. with John D. Howey
and John Taggert as her sureties The Court appoint Thomas
C. Gillis, Isaac Harden and Wilson Knapp appraisers of
said estate.
Thereupon the said Widow Eliza Gray upon being
fully informed of the provisions of the said Will and her
rights and interests under it and by law in the event
she refused to take under the Will being fully explained
and undersood She thereupon declared her choice and
election to be to take under the Will according
to the terms thereof and to desired it to be entered
of record; which is accordingly done
T.W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I John P Gray of Delaware County
and State of Ohio, do make and publish
this my last Will and testament
Item 1st I give and divise to Eliza my
beloved Wife in lieu of her dower all my
property, real estate, and personal in fee simple
subject (however) to provision herein after made
[corresponds to labeled page 354 of Will Record Volume 4 1859 - 1969]
354
Record of last Will of John P. Gray Deceased
Proceedings had before Thomas W Powell,
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 4th day of October A.D. 1867.
This day the last will and testament of
John P. Gray late of Liberty Township in this county
decd. was presented to the court for probate & record
Thereupon John D Howey and John Moorehead the two subscrib-
ing Witnesses 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 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, John
P. Gray decd, and ordered to be recorded as such.
Thereupon letters testamentary were granted to Mrs.
Eliza Gray the widow and testatrix named in the Will
who gave bonds in the sum of $2000. with John D. Howey
and John Taggert as her sureties The Court appoint Thomas
C. Gillis, Isaac Harden and Wilson Knapp appraisers of
said estate.
Thereupon the said Widow Eliza Gray upon being
fully informed of the provisions of the said Will and her
rights and interests under it and by law in the event
she refused to take under the Will being fully explained
and undersood She thereupon declared her choice and
election to be to take under the Will according
to the terms thereof and to desired it to be entered
of record; which is accordingly done
T.W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I John P Gray of Delaware County
and State of Ohio, do make and publish
this my last Will and testament
Item 1st I give and divise to Eliza my
beloved Wife in lieu of her dower all my
property, real estate, and personal in fee simple
subject (however) to provision herein after made
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 387)
Description
[page 387]
[corresponds to labeled page 355 of Will Record Volume 4 1859 - 1969]
355
Record of the Will of John P Gray Deceased
Item 2nd Should my wife again marry in that
case, I give and devise to my wife her legal
dower.
Item 3rd I give and bequeath to my eldest son
William the sum of five dollars and the remainder
of my estate to be divided equally among my other
heirs, with the exception of my son John who shall
receive two equal shares,
Item 4th When my Wool which is now on hand
Shall be Sold, I devise and bequeath to my daughter
Mary the Sum of fifty dollars (50) and to my
remaining daughters out of my estate, the sum of
fifty dollars (50) when they require the Same.
Item 5th I do hereby nominate and appoint my wife
executrix of this my last Will and testament
hereby authorizing and empowering her to
compromise, adjust release and discharge, in
such manner as she may deem proper the debts
and claims due me. I do also authorize her 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 she 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 10th day of August in the
year l867.
John P. Gray {seal}
Signed and acknowledged by John P. Gray as his
last will and testament in our presence and
signed by us in his presence
{US Stamp 2.00} J.D. Howey
John Moorehead
The State of Ohio, Delaware County, Ss
In the matter of the last Will and
testament of John P. Gray late of Liberty Township
in this county deceased.
We John D. Howey and John Moorehead being
duly sworn in open Court this 4th day of October
[corresponds to labeled page 355 of Will Record Volume 4 1859 - 1969]
355
Record of the Will of John P Gray Deceased
Item 2nd Should my wife again marry in that
case, I give and devise to my wife her legal
dower.
Item 3rd I give and bequeath to my eldest son
William the sum of five dollars and the remainder
of my estate to be divided equally among my other
heirs, with the exception of my son John who shall
receive two equal shares,
Item 4th When my Wool which is now on hand
Shall be Sold, I devise and bequeath to my daughter
Mary the Sum of fifty dollars (50) and to my
remaining daughters out of my estate, the sum of
fifty dollars (50) when they require the Same.
Item 5th I do hereby nominate and appoint my wife
executrix of this my last Will and testament
hereby authorizing and empowering her to
compromise, adjust release and discharge, in
such manner as she may deem proper the debts
and claims due me. I do also authorize her 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 she 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 10th day of August in the
year l867.
John P. Gray {seal}
Signed and acknowledged by John P. Gray as his
last will and testament in our presence and
signed by us in his presence
{US Stamp 2.00} J.D. Howey
John Moorehead
The State of Ohio, Delaware County, Ss
In the matter of the last Will and
testament of John P. Gray late of Liberty Township
in this county deceased.
We John D. Howey and John Moorehead being
duly sworn in open Court this 4th day of October
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 388)
Description
[page 388]
[corresponds to labeled page 356 of Will Record Volume 4 1859 - 1969]
356 Record of the last Will of John P. Gray Deceased
A.D. 1867. depose and say that we were present at the
execution of the last will and testament of John P.
Gray 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 as his request and
in his presence and in the presence of each other
J.D. Howey
John Moorehead
Sworn to and subscribed before me in the Probate
Court this 4th day of October A.D. 1867.
T.W. Powell Probate Judge
___________________
___________________
Record of the Will of Satchel Clark dec'd
Proceedings had before Thomas W. Powell
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 29th day of October A.D. 1867
This day the last Will and testament
of Satchel Clark late of Orange Township in
this County, deceased, was presented for probate
and record. Thereupon James Ferson Sen. and Samuel
Landson the subscribing witnesses to the said Will came
into Court and were duly sworn and examined and their
testimony reduced to writing and annexed to said 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 Satchel
Clark decd. and ordered to be recorded as such
Thereupon letters testamentary were granted
to Edward F. Howard the executor named in the
will, who gave bonds in the sum of $ 4000. with James Ferson
Sen and Thomas P. Myers his sureties T. W. Powell Probate Judge
[corresponds to labeled page 356 of Will Record Volume 4 1859 - 1969]
356 Record of the last Will of John P. Gray Deceased
A.D. 1867. depose and say that we were present at the
execution of the last will and testament of John P.
Gray 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 as his request and
in his presence and in the presence of each other
J.D. Howey
John Moorehead
Sworn to and subscribed before me in the Probate
Court this 4th day of October A.D. 1867.
T.W. Powell Probate Judge
___________________
___________________
Record of the Will of Satchel Clark dec'd
Proceedings had before Thomas W. Powell
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 29th day of October A.D. 1867
This day the last Will and testament
of Satchel Clark late of Orange Township in
this County, deceased, was presented for probate
and record. Thereupon James Ferson Sen. and Samuel
Landson the subscribing witnesses to the said Will came
into Court and were duly sworn and examined and their
testimony reduced to writing and annexed to said 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 Satchel
Clark decd. and ordered to be recorded as such
Thereupon letters testamentary were granted
to Edward F. Howard the executor named in the
will, who gave bonds in the sum of $ 4000. with James Ferson
Sen and Thomas P. Myers his sureties T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 389)
Description
[page 389]
[corresponds to labeled page 357 of Will Record Volume 4 1859 - 1869]
357
Record of the Will of Satchel Clark Decd.
(Copy of the Will)
Last Will and Testament of Satchel Clark
I Satchel Clark of the township of
Orange, Delaware County State of Ohio being advanced
in age and weak in body, but of sound mind, knowing
that life is uncertain and that death may come at
any time, do make and publish this my last Will
and testament as follows:
1st I commend my soul to God who gave it, and
my body to be decently buried at my death.
2nd I will that my debts and funeral expenses be first
paid after my decease.
3rd I will and bequeath to my beloved wife Betsy all my
real estate personal property and money of which I
may be in possession at my decease So long as
she shall live after paying a legacy of one hundred
& fifty dollars to my daughter Ann Elisa Goodline.
which legacy I will shall be paid to her (my said daughter
Ann Elisa) at my decease or as soon thereafter as convenient
My daughter Sarah G. Clark to have her
support as long as she may live single out of the
property bequeathed to my Wife, and at my Wife's decease
I will that my said daughter Sarah G. Clark shall
inherit all the property that may remain
I hereby appoint Edward G. Howard my
Executor of this my last Will & testament.
In Testimony whereof I have hereunto set
my hand and seal this 19th day of February in the year
of Our Lord one thousand eight hundred & sixty seven
Satchel Clark Seal
{U S Stamp 2.00 }
In presence of us the undersigned witnesses who have
signed this instrument as witnesses in the presence of said
testator and of each other
Sam'l Davidson }
James Ferson Sr. } Witnesses
[corresponds to labeled page 357 of Will Record Volume 4 1859 - 1869]
357
Record of the Will of Satchel Clark Decd.
(Copy of the Will)
Last Will and Testament of Satchel Clark
I Satchel Clark of the township of
Orange, Delaware County State of Ohio being advanced
in age and weak in body, but of sound mind, knowing
that life is uncertain and that death may come at
any time, do make and publish this my last Will
and testament as follows:
1st I commend my soul to God who gave it, and
my body to be decently buried at my death.
2nd I will that my debts and funeral expenses be first
paid after my decease.
3rd I will and bequeath to my beloved wife Betsy all my
real estate personal property and money of which I
may be in possession at my decease So long as
she shall live after paying a legacy of one hundred
& fifty dollars to my daughter Ann Elisa Goodline.
which legacy I will shall be paid to her (my said daughter
Ann Elisa) at my decease or as soon thereafter as convenient
My daughter Sarah G. Clark to have her
support as long as she may live single out of the
property bequeathed to my Wife, and at my Wife's decease
I will that my said daughter Sarah G. Clark shall
inherit all the property that may remain
I hereby appoint Edward G. Howard my
Executor of this my last Will & testament.
In Testimony whereof I have hereunto set
my hand and seal this 19th day of February in the year
of Our Lord one thousand eight hundred & sixty seven
Satchel Clark Seal
{U S Stamp 2.00 }
In presence of us the undersigned witnesses who have
signed this instrument as witnesses in the presence of said
testator and of each other
Sam'l Davidson }
James Ferson Sr. } Witnesses
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 390)
Description
[page 390]
[corresponds to labeled page 358 Will Record Volume 4 1859 - 1869]
358
Record of the Will of Satchel Clark Deceased
The State of Ohio, Delaware County, SS.
In the matter of the last Will and testament of
Satchel Clark late of Orange Township in this
County deceased.
We James Ferson Senr and Samuel Davidson being duly
sworn in open court this 29th day of October A.D. 1867,
depose and say, that we were present at the execution
of the last Will and testament of Satchel Clark 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
James Ferson Snr
Sam'l. Davidson
Sworn to and subscribed before me in the Probate Court this
29th day of October A.D. 1867.
T. W. Powell Pres. Judge
____________________________
____________________________
Record of the last Will of Henry Bell, deceased
Proceedings had before Thomas W. Powell
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 4th day of November A.D. 1867.
This day the last Will and testament
of Henry Bell late of Oxford township in this county
deceased, was presented to the Court for Probate and
record. Thereupon James M. Eckles and Jonathan M.
Coomer the subscribing Witnesses 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 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 orders that the said will be
admitted to probate as duly proved as the last Will
and testament of the said Henry Bell decd and ordered
to be recorded as such.
T. W. Powell Probate Judge
[corresponds to labeled page 358 Will Record Volume 4 1859 - 1869]
358
Record of the Will of Satchel Clark Deceased
The State of Ohio, Delaware County, SS.
In the matter of the last Will and testament of
Satchel Clark late of Orange Township in this
County deceased.
We James Ferson Senr and Samuel Davidson being duly
sworn in open court this 29th day of October A.D. 1867,
depose and say, that we were present at the execution
of the last Will and testament of Satchel Clark 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
James Ferson Snr
Sam'l. Davidson
Sworn to and subscribed before me in the Probate Court this
29th day of October A.D. 1867.
T. W. Powell Pres. Judge
____________________________
____________________________
Record of the last Will of Henry Bell, deceased
Proceedings had before Thomas W. Powell
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 4th day of November A.D. 1867.
This day the last Will and testament
of Henry Bell late of Oxford township in this county
deceased, was presented to the Court for Probate and
record. Thereupon James M. Eckles and Jonathan M.
Coomer the subscribing Witnesses 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 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 orders that the said will be
admitted to probate as duly proved as the last Will
and testament of the said Henry Bell decd and ordered
to be recorded as such.
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 391)
Description
[page 391]
[corresponds to labeled page 359 Will Record Volume 4 1859 - 1869]
359
Record of the last Will of Henry Bell decd
(Copy of the Will)
I Henry Bell of Oxford Township Delaware County
Ohio do make and publish this my last Will and
testament.
Item 1st It is my Will that my just debts and all
charges be paid out of my estate.
Item 2nd I give and devise all the residue of my estate
to Mary my wife to be to her during her natural lifetime
and at her death to be equally divided among my children
Item 3rd I appoint and make the said Mary Bell executrix
of this my last Will and testament
I desire that no appraisment and no sale of
personal and no sale of my personal property be made
and that the Court of Probate direct the omission of the
same in pursuance of the Statutes.
In testimony hereof, I have hereunto set my
hand and seal this 5th day of May 1867.
Henry Bell {Seal}
Signed and acknowledged by said Henry Bell as his
last Will and testament in our presence and
Signed by us in his presence
James M. Eckles
J. M. Coomer
The State of Ohio, Delaware County SS
In the matter of the last Will and testament
of Henry Bell late of Oxford Township in this county
deceased.
We James M. Eckels and Jonathan M. Coomer being duly
sworn in open court this 4th day of November A.D. 1867
depose and say, that we were present at the execution
of the last Will and testament of Henry Bell of Oxford
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
James M. Eckels
J. M. Coomer
Sworn to and subscribed before me in the Probate Court this
5th day of November AD 1867
T. W. Powell Probate Judge
[corresponds to labeled page 359 Will Record Volume 4 1859 - 1869]
359
Record of the last Will of Henry Bell decd
(Copy of the Will)
I Henry Bell of Oxford Township Delaware County
Ohio do make and publish this my last Will and
testament.
Item 1st It is my Will that my just debts and all
charges be paid out of my estate.
Item 2nd I give and devise all the residue of my estate
to Mary my wife to be to her during her natural lifetime
and at her death to be equally divided among my children
Item 3rd I appoint and make the said Mary Bell executrix
of this my last Will and testament
I desire that no appraisment and no sale of
personal and no sale of my personal property be made
and that the Court of Probate direct the omission of the
same in pursuance of the Statutes.
In testimony hereof, I have hereunto set my
hand and seal this 5th day of May 1867.
Henry Bell {Seal}
Signed and acknowledged by said Henry Bell as his
last Will and testament in our presence and
Signed by us in his presence
James M. Eckles
J. M. Coomer
The State of Ohio, Delaware County SS
In the matter of the last Will and testament
of Henry Bell late of Oxford Township in this county
deceased.
We James M. Eckels and Jonathan M. Coomer being duly
sworn in open court this 4th day of November A.D. 1867
depose and say, that we were present at the execution
of the last Will and testament of Henry Bell of Oxford
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
James M. Eckels
J. M. Coomer
Sworn to and subscribed before me in the Probate Court this
5th day of November AD 1867
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 392)
Description
[page 392]
[corresponds to labeled page 360 Will Record Volume 4 1859 - 1869]
360
Record of Will of Mary Fuller, deceased
Proceedings had before Thomas W. Powell Judge of
the Probate Court within and for the County of Delaware, Ohio
at his Office in the town of Delaware on the 8th day
of November A.D. 1867.
This day the last will and testament of
Mary Fuller late of Scioto Township in this county, deceased, was presented
for probate and record. Thereupon John S. Jackson and Zack=
=ariah Stephens the two subscribing witnesses thereto came into
Court and were duly sworn and examined and their testimony
reduced to writing and filed and annexed to 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 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 as duly proved as the
last will and testament of the said Mary Fuller decd;
and ordered to be recorded as such.
Thereupon Letters Testamentary were granted
to William M. Warren, the executor named in the said will
who gave Bonds in the sum of $ 6000. with Amos Fuller and
Zachariah Stephens as his sureties The Court appointed Charles
Arthur, John S. Jackson and J R Newhouse appraisers of
the said estate.
T. W. Powell Probate Judge
(Copy of the Will)
"In the name of God Amen
I Mary Fuller of the County of Delaware
O. of lawful age and of sound mind & memory do make
and publish my last will & testament in manner & form
following.
1st Resigning my body to the grave, and my soul to God
who gave it. I Bequeath for the erection of Tombstone to
my own grave, to my Fathers & Mothers in all respect to
correspond with the one now at the grave of Thomas Fuller
my late husband. The head stone of my father to bear
the emblem of the Masonic Order and also a suitable Grave
stone to my brother Robert & the child of my Brother John,
a sum sufficient for the above purpose.
2nd I further Bequeath to the Trustees of the Graveyard on
Bokes Creek the sum of three hundred dollars & To the Trustees
of the Presbyterian Church in Radnor near (Mr Perkins) the
sum of Fifty dollars.
3rd I Bequeath to Sally Fillian my Bell Cow, to Eliza Smart
[corresponds to labeled page 360 Will Record Volume 4 1859 - 1869]
360
Record of Will of Mary Fuller, deceased
Proceedings had before Thomas W. Powell Judge of
the Probate Court within and for the County of Delaware, Ohio
at his Office in the town of Delaware on the 8th day
of November A.D. 1867.
This day the last will and testament of
Mary Fuller late of Scioto Township in this county, deceased, was presented
for probate and record. Thereupon John S. Jackson and Zack=
=ariah Stephens the two subscribing witnesses thereto came into
Court and were duly sworn and examined and their testimony
reduced to writing and filed and annexed to 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 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 as duly proved as the
last will and testament of the said Mary Fuller decd;
and ordered to be recorded as such.
Thereupon Letters Testamentary were granted
to William M. Warren, the executor named in the said will
who gave Bonds in the sum of $ 6000. with Amos Fuller and
Zachariah Stephens as his sureties The Court appointed Charles
Arthur, John S. Jackson and J R Newhouse appraisers of
the said estate.
T. W. Powell Probate Judge
(Copy of the Will)
"In the name of God Amen
I Mary Fuller of the County of Delaware
O. of lawful age and of sound mind & memory do make
and publish my last will & testament in manner & form
following.
1st Resigning my body to the grave, and my soul to God
who gave it. I Bequeath for the erection of Tombstone to
my own grave, to my Fathers & Mothers in all respect to
correspond with the one now at the grave of Thomas Fuller
my late husband. The head stone of my father to bear
the emblem of the Masonic Order and also a suitable Grave
stone to my brother Robert & the child of my Brother John,
a sum sufficient for the above purpose.
2nd I further Bequeath to the Trustees of the Graveyard on
Bokes Creek the sum of three hundred dollars & To the Trustees
of the Presbyterian Church in Radnor near (Mr Perkins) the
sum of Fifty dollars.
3rd I Bequeath to Sally Fillian my Bell Cow, to Eliza Smart
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 393)
Description
[page 393]
[corresponds to labeled page 36l of Will Record Volume 4 1859 - 1869]
361
Record of the Will of Mary Fuller decd.
To Mary Jones one cow & one bed & bedding
the white cow & one bed & bedding. Also to Sally Fillian, Eliza
Smart, Mary Jones & Marth Erwin an equal share of the ten
head of Sheep and one Breeding Sow.
4th I Bequeath to John W. Jones all my claims for the allowance
made by the appraisers for my support in the settlement of
Thomas Fullers estate, and also all the receipts for money advan=
=ced by me to the Adam or otherwise to pay the Creditors of the
said estate. I further Will to the said John W. Jones all my
share of the wheat he sowed on Land on my place and the
rent wheat now in his possession.
5th I Bequeath to Sarah R. Deacon and Eliza Deacon each Fifty Dollars
6th I Bequeath to the Brothers & Sisters of my late husband
Thomas Fuller dec'd Thirty one & one half acres of land lying
in Scioto Township in said County. Bounded on the East lands
of J. W. Jones, on the So by lands of C. Arthurs, and the W.
by lands of my own, and on the north by lands of John J.
Decker
7th I Will and Bequeath to Isaac Smart, Sally Fillians, Marth
Erwin, James T. Swoop, Mary Jones, Doretha Ann Jones, Eliza
Smart, Jane McGee and Lewis Tyler each an equal
division of all the remainder of my estate after de=
=fraying all just debts against my estate.
8th I hereby appoint Wm. M. Warren my Executor empowering
him to sell my real estate at private sale and deed
or deeds to make for the same.
In witness whereof I have hereunto set my hand
this fifth day of March A.D. 1867
Test her
John S. Jackson Mary X Fuller
Z. Stephens mark
{ U. S. Stamp $ 2.00 }
(End of Will)
The State of Ohio, Delaware County, SS.
In the matter of the last Will and testament of Mary Fuller late
of Scioto Township in this County deceased.
We John S. Jackson and Zachariah Stephens being duly sworn in
open Court this 8th day of November A.D. 1867 depose and say that we
were present at the execution of the Last Will and testament of
Mary FUller of Scioto Township 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 testator at the time of executing the same 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
John S. Jackson
Z Stephens
Sworn to and subscribed before me in the Probate Court this 8th day of November A D 1867
T. W. Powell Pro. Judge
[corresponds to labeled page 36l of Will Record Volume 4 1859 - 1869]
361
Record of the Will of Mary Fuller decd.
To Mary Jones one cow & one bed & bedding
the white cow & one bed & bedding. Also to Sally Fillian, Eliza
Smart, Mary Jones & Marth Erwin an equal share of the ten
head of Sheep and one Breeding Sow.
4th I Bequeath to John W. Jones all my claims for the allowance
made by the appraisers for my support in the settlement of
Thomas Fullers estate, and also all the receipts for money advan=
=ced by me to the Adam or otherwise to pay the Creditors of the
said estate. I further Will to the said John W. Jones all my
share of the wheat he sowed on Land on my place and the
rent wheat now in his possession.
5th I Bequeath to Sarah R. Deacon and Eliza Deacon each Fifty Dollars
6th I Bequeath to the Brothers & Sisters of my late husband
Thomas Fuller dec'd Thirty one & one half acres of land lying
in Scioto Township in said County. Bounded on the East lands
of J. W. Jones, on the So by lands of C. Arthurs, and the W.
by lands of my own, and on the north by lands of John J.
Decker
7th I Will and Bequeath to Isaac Smart, Sally Fillians, Marth
Erwin, James T. Swoop, Mary Jones, Doretha Ann Jones, Eliza
Smart, Jane McGee and Lewis Tyler each an equal
division of all the remainder of my estate after de=
=fraying all just debts against my estate.
8th I hereby appoint Wm. M. Warren my Executor empowering
him to sell my real estate at private sale and deed
or deeds to make for the same.
In witness whereof I have hereunto set my hand
this fifth day of March A.D. 1867
Test her
John S. Jackson Mary X Fuller
Z. Stephens mark
{ U. S. Stamp $ 2.00 }
(End of Will)
The State of Ohio, Delaware County, SS.
In the matter of the last Will and testament of Mary Fuller late
of Scioto Township in this County deceased.
We John S. Jackson and Zachariah Stephens being duly sworn in
open Court this 8th day of November A.D. 1867 depose and say that we
were present at the execution of the Last Will and testament of
Mary FUller of Scioto Township 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 testator at the time of executing the same 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
John S. Jackson
Z Stephens
Sworn to and subscribed before me in the Probate Court this 8th day of November A D 1867
T. W. Powell Pro. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 394)
Description
[page 394]
[corresponds to labeled page 362 Will Record Volume 4 1859 - 1869]
362
Record of the last Will of William Glass decd
Proceedings had before Thomas W. Powell 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 16th day of November A.D. 1867
October 26th 1867
This day the last will and testament of William
Glass late of Genoa Township decd. was presented for probate
and record, and it appearing that Victor Arnold one of the
subscribing witnesses to the said Will was now absent from this
County and a resident of Champaigne County Illinois, on
motion a commission was issued to the Clerk of the County
for the said County of Champaign to take the testimony
of the said Victor Arnold in relation to the execution and
attestation of the said Will with the Will annexed copy of the
Will on file
T. W. Powell
Probate Judge
November 16th 1867
The commission heretofor issued to the Clerk of the Courts of
Champaign County In the State of Illinois was duly returned
with the testimony of Victor Arnold duly taken and certified
and now Hurlburt Scovell, the other witness to said will of the
said William Glass late of Genoa Township decd, came into Court
and being duly sworn and examined and his 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 said testator 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 record as the last Will and testament of the said
William Glass decd duly proved, and that the same be recorded as
such - - Thereupon letters testamentary were issued to Andrew J
Smith and George Glass the Executors named in the Will, who gave
Bonds in the sum of $2000. with William Rammelsberg and William
P. Reid as their sureties = and the Court appointed George
Williams, Charles Faceman and Ralph Smith appraisers of the
said Estate.
T. W. Powell
Probate Judge
[corresponds to labeled page 362 Will Record Volume 4 1859 - 1869]
362
Record of the last Will of William Glass decd
Proceedings had before Thomas W. Powell 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 16th day of November A.D. 1867
October 26th 1867
This day the last will and testament of William
Glass late of Genoa Township decd. was presented for probate
and record, and it appearing that Victor Arnold one of the
subscribing witnesses to the said Will was now absent from this
County and a resident of Champaigne County Illinois, on
motion a commission was issued to the Clerk of the County
for the said County of Champaign to take the testimony
of the said Victor Arnold in relation to the execution and
attestation of the said Will with the Will annexed copy of the
Will on file
T. W. Powell
Probate Judge
November 16th 1867
The commission heretofor issued to the Clerk of the Courts of
Champaign County In the State of Illinois was duly returned
with the testimony of Victor Arnold duly taken and certified
and now Hurlburt Scovell, the other witness to said will of the
said William Glass late of Genoa Township decd, came into Court
and being duly sworn and examined and his 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 said testator 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 record as the last Will and testament of the said
William Glass decd duly proved, and that the same be recorded as
such - - Thereupon letters testamentary were issued to Andrew J
Smith and George Glass the Executors named in the Will, who gave
Bonds in the sum of $2000. with William Rammelsberg and William
P. Reid as their sureties = and the Court appointed George
Williams, Charles Faceman and Ralph Smith appraisers of the
said Estate.
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 395)
Description
[page 395]
[corresponds to labeled page 363 Will Record Volume 4 1859 - 1869]
363
Record of the Last Will of William Glass decd
Copy of Will
"In the Name of Almighty God Amen
I William Glass of the town of Genoa in
the County of Delaware and State of Ohio, Being of sound mind and
memory and knowing the shortness of life and the certainty of
death do make and publish this my last Will and testament
First I give and bequeath unto my beloved wife Elizabeth Glass
the use and occupancy of all Household goods that she and I
may own at my death the House and Barn and out Buildings
together with the Farm she having the privaledge of renting the
same reserving to her the privaledge of keeping Sixty head of Sheep
which shall be appraised at the time of putting on said Farm
and kept good one half for her use the other half for the good
of the farm and Tennant.
Second my Will is that all just debts and last sickness and
Funeral charges be paid out of my personal property that may
be sold by my Executors or administrators also that a suitable
Tombstone be erected to my memory with my name inscribed on the
same my age and death.
Third At and after the death of my wife what property that may
be left on and above her maintainance to be equally divided
amongst our children or their legal representation, or children,
except Sarah Ann Dirst, two children I having expended her
kinship in their support
Third. I do nominate and appoint my two loving children
Andrew J. Smith and George Glass to be my executors of this
my last Will and testament.
In testimony whereof I have hereunto set
my hand and seal and published and decreed this to be my
last Will and testament in presence of these witnesses named
below this 6th day of June A.D. 1867
In presence of us his
Victor Arnold Wm X Glass {Seal}
H. Scovell mark
(Copy of the testimony & record thereof)
The State of Ohio }
Delaware County SS } In the Probate Court
To the Clerk of the Courts in and for the
County of Champaign in the State of Illinois: Greeting.
The said Probate Court in and for
the County of Delaware and State of Ohio, placing special
confidence in your ability and integrity, hereby appoint you
commissioner with power and authority to take the
[corresponds to labeled page 363 Will Record Volume 4 1859 - 1869]
363
Record of the Last Will of William Glass decd
Copy of Will
"In the Name of Almighty God Amen
I William Glass of the town of Genoa in
the County of Delaware and State of Ohio, Being of sound mind and
memory and knowing the shortness of life and the certainty of
death do make and publish this my last Will and testament
First I give and bequeath unto my beloved wife Elizabeth Glass
the use and occupancy of all Household goods that she and I
may own at my death the House and Barn and out Buildings
together with the Farm she having the privaledge of renting the
same reserving to her the privaledge of keeping Sixty head of Sheep
which shall be appraised at the time of putting on said Farm
and kept good one half for her use the other half for the good
of the farm and Tennant.
Second my Will is that all just debts and last sickness and
Funeral charges be paid out of my personal property that may
be sold by my Executors or administrators also that a suitable
Tombstone be erected to my memory with my name inscribed on the
same my age and death.
Third At and after the death of my wife what property that may
be left on and above her maintainance to be equally divided
amongst our children or their legal representation, or children,
except Sarah Ann Dirst, two children I having expended her
kinship in their support
Third. I do nominate and appoint my two loving children
Andrew J. Smith and George Glass to be my executors of this
my last Will and testament.
In testimony whereof I have hereunto set
my hand and seal and published and decreed this to be my
last Will and testament in presence of these witnesses named
below this 6th day of June A.D. 1867
In presence of us his
Victor Arnold Wm X Glass {Seal}
H. Scovell mark
(Copy of the testimony & record thereof)
The State of Ohio }
Delaware County SS } In the Probate Court
To the Clerk of the Courts in and for the
County of Champaign in the State of Illinois: Greeting.
The said Probate Court in and for
the County of Delaware and State of Ohio, placing special
confidence in your ability and integrity, hereby appoint you
commissioner with power and authority to take the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 396)
Description
[page 396]
[corresponds to labeled page 364 Will Record Volume 4 1859 - 1869]
364
Record of the Last Will of William Glass decd.
testimony of Victor Arnold as to the execution and attestation
of the last will and testament of William Glass late of
Genoa township in this county since deceased, to which will
the said Victor Arnold is a subscribing witness and which is
hereto annexed. You will administer the proper oath to him
and reduce his testimony to writing and then seal up the
same together with the Will and direct the same to this court
without any unnecessary delay. And for so doing this that
be your full commission, power and authority.
In testimony whereof I Thomas W. Powell Judge
of the said Probate Court have hereunto set name
{Seal} and affixed the seal of the said Court,
at Delaware, Ohio this 26th day of October
A. D. 1867.
T. W. Powell
Probate Judge
The State of Illinois. }
County of Champaign, SS }
The undersigned Clerk of the Court,
in and for the said County of Champaign in pursuance of
the power and authority of the within commission have taken
the testimony of the said Victor Arnold to execution and attest-
ation of the said Will within mentioned, and have reduced
the same to writing, and annexed to the said Will, and now
by me duly sealed up and directed to the "Judge of the
Probate Court at Delaware, Ohio"
In testimony whereof I have hereunto set
{Seal} my hand and seal this 5th day of Nov.
A. D. 1867
A. M. Clark Commis
In the matter of the Last Will and Testament of
William Glass late of Genoa Township in Delaware County deceased
Commissioned this 5th day of Nov. A.D. 1867, depose and say that
we this deponent and H. Scovell were present at the execution
of the Last Will and Testament of William Glass of Genoa
Township Delaware County. O hereto annexed, that we saw the said
testator subscribe said Will by making his mark thereto 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
[corresponds to labeled page 364 Will Record Volume 4 1859 - 1869]
364
Record of the Last Will of William Glass decd.
testimony of Victor Arnold as to the execution and attestation
of the last will and testament of William Glass late of
Genoa township in this county since deceased, to which will
the said Victor Arnold is a subscribing witness and which is
hereto annexed. You will administer the proper oath to him
and reduce his testimony to writing and then seal up the
same together with the Will and direct the same to this court
without any unnecessary delay. And for so doing this that
be your full commission, power and authority.
In testimony whereof I Thomas W. Powell Judge
of the said Probate Court have hereunto set name
{Seal} and affixed the seal of the said Court,
at Delaware, Ohio this 26th day of October
A. D. 1867.
T. W. Powell
Probate Judge
The State of Illinois. }
County of Champaign, SS }
The undersigned Clerk of the Court,
in and for the said County of Champaign in pursuance of
the power and authority of the within commission have taken
the testimony of the said Victor Arnold to execution and attest-
ation of the said Will within mentioned, and have reduced
the same to writing, and annexed to the said Will, and now
by me duly sealed up and directed to the "Judge of the
Probate Court at Delaware, Ohio"
In testimony whereof I have hereunto set
{Seal} my hand and seal this 5th day of Nov.
A. D. 1867
A. M. Clark Commis
In the matter of the Last Will and Testament of
William Glass late of Genoa Township in Delaware County deceased
Commissioned this 5th day of Nov. A.D. 1867, depose and say that
we this deponent and H. Scovell were present at the execution
of the Last Will and Testament of William Glass of Genoa
Township Delaware County. O hereto annexed, that we saw the said
testator subscribe said Will by making his mark thereto 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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 397)
Description
[page 397]
[corresponds to labeled page 365 of Will Record Volume 4 1859 - 1869]
365
Record of the last Will of William Glass decd
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 saith not.
Victor Arnold
Sworn to and Subscribed before me the undersigned Commissioner
this 5th day of Nov. A.D. 1867 at Urbana Illinois
A. M. Clark
Commissioner
The State of Ohio, Delaware County SS.
In the matter of the Last Will and Testament of William Glass of
Genoa Township in this County deceased.
I, Hurlburt Scovell being duly sworn in open court this
16th day of November A.D. 1867, depose and say that we this deponent
and Victor Arnold were present at the execution of the Last Will and
testament of William Glass 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 same testator at the time of executing
the same was of full age, and of sound mind and memory, and
not under any restraint, and that we signed the same as
witnesses at his request and in his presence and in the
presence of each other
H. Scovell
Sworn to and Subscribed before me in the Probate Court this
16th day of November A.D. 1867
T. W. Powell
Probate Judge
[corresponds to labeled page 365 of Will Record Volume 4 1859 - 1869]
365
Record of the last Will of William Glass decd
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 saith not.
Victor Arnold
Sworn to and Subscribed before me the undersigned Commissioner
this 5th day of Nov. A.D. 1867 at Urbana Illinois
A. M. Clark
Commissioner
The State of Ohio, Delaware County SS.
In the matter of the Last Will and Testament of William Glass of
Genoa Township in this County deceased.
I, Hurlburt Scovell being duly sworn in open court this
16th day of November A.D. 1867, depose and say that we this deponent
and Victor Arnold were present at the execution of the Last Will and
testament of William Glass 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 same testator at the time of executing
the same was of full age, and of sound mind and memory, and
not under any restraint, and that we signed the same as
witnesses at his request and in his presence and in the
presence of each other
H. Scovell
Sworn to and Subscribed before me in the Probate Court this
16th day of November A.D. 1867
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 398)
Description
[page 398]
[corresponds to labeled page 366 of Will Record Volume 4 1859 - 1869]
366
Record of the Last Will of Anna Salmon decd
Proceedings had before Thomas W. Powell 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 14th day of December A.D. 1867
This day the last will and testament of
Mrs. Anna Salmon, late of Brown township decd. was presented
to the Court for Probate and record. Thereupon William Williams
and Sabina Williams the two subscribing witnesses came
into Court and were duly Sworn and examined, and their testimony
reduced to writing and attached to the will and filed
therewith, and the Court upon consideration thereof, thereupon finds
that the said will was duly executed and attested, 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, it is therefore
Ordered that the said will be admitted to probate as duly proved
as the last will and testament of the said Anna Salmon decd. and
Ordered to be recorded as such.
Thereupon letters of Administration with the Will
annexed were granted unto Benjaman B. Salmon upon the said estate
of the said Anna Salmon decd. who gave bonds in the sum of $1500 with
William E. Elliott and Elijah H. Stack his sureties no appraisers required
T. W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I, Anna Salmon do make and
publish this my last Will and testament.
First It is my will that my just debts and all charges
be paid out of my personal effects. I give and devise
to my Son James Salmon the sum of one dollars and all
the balance of the property money or effects of my estate
I give and bequeath to my daughter Cynthia Elliott
to my Son Benjamin B. Salmon and to my daughter Mixence
Shoemaker to be equally divided between the three in such manner
as they may choose. In testimony I set my hand and seal
this 23rd day of November A.D. 1865
Anna Salmon {Seal}
Signed & acknowledged by said Anna Salmon as her last Will
and testament in our presence and signed by us in her
presence
{U. S. Stamp $ 1.00 } Wm Williams
Sabina Williams
[corresponds to labeled page 366 of Will Record Volume 4 1859 - 1869]
366
Record of the Last Will of Anna Salmon decd
Proceedings had before Thomas W. Powell 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 14th day of December A.D. 1867
This day the last will and testament of
Mrs. Anna Salmon, late of Brown township decd. was presented
to the Court for Probate and record. Thereupon William Williams
and Sabina Williams the two subscribing witnesses came
into Court and were duly Sworn and examined, and their testimony
reduced to writing and attached to the will and filed
therewith, and the Court upon consideration thereof, thereupon finds
that the said will was duly executed and attested, 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, it is therefore
Ordered that the said will be admitted to probate as duly proved
as the last will and testament of the said Anna Salmon decd. and
Ordered to be recorded as such.
Thereupon letters of Administration with the Will
annexed were granted unto Benjaman B. Salmon upon the said estate
of the said Anna Salmon decd. who gave bonds in the sum of $1500 with
William E. Elliott and Elijah H. Stack his sureties no appraisers required
T. W. Powell Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I, Anna Salmon do make and
publish this my last Will and testament.
First It is my will that my just debts and all charges
be paid out of my personal effects. I give and devise
to my Son James Salmon the sum of one dollars and all
the balance of the property money or effects of my estate
I give and bequeath to my daughter Cynthia Elliott
to my Son Benjamin B. Salmon and to my daughter Mixence
Shoemaker to be equally divided between the three in such manner
as they may choose. In testimony I set my hand and seal
this 23rd day of November A.D. 1865
Anna Salmon {Seal}
Signed & acknowledged by said Anna Salmon as her last Will
and testament in our presence and signed by us in her
presence
{U. S. Stamp $ 1.00 } Wm Williams
Sabina Williams
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 399)
Description
[page 399]
[corresponds to labeled page 367 of Will Record Volume 4 1859 - 1869]
367
Record of the Will of Anna Salmon decd
Copy of testimony & record thereof;
The State of Ohio, Delaware County SS,
In the matter of the Last Will and testament of Mrs. Anna
Salmon late of Brown Township in this County deceased;
We William Williams and Sabina Williams being duly sworn in
open Court this 14th day of December A.D. 1867, depose and say,
that we were present at the execution of the last will and testa-
ment of Mrs. Anna Salmon of Brown Township in this County here-
=to 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 testator at the time of
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 as witnesses at her request and in her presence and
in the presence of each other
Wm. Williams
Sabina Williams
Sworn to and Subscribed to before me in the Probate Court
this 14th day of December A.D. 1867
T. W. Powell
Probate Judge
[corresponds to labeled page 367 of Will Record Volume 4 1859 - 1869]
367
Record of the Will of Anna Salmon decd
Copy of testimony & record thereof;
The State of Ohio, Delaware County SS,
In the matter of the Last Will and testament of Mrs. Anna
Salmon late of Brown Township in this County deceased;
We William Williams and Sabina Williams being duly sworn in
open Court this 14th day of December A.D. 1867, depose and say,
that we were present at the execution of the last will and testa-
ment of Mrs. Anna Salmon of Brown Township in this County here-
=to 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 testator at the time of
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 as witnesses at her request and in her presence and
in the presence of each other
Wm. Williams
Sabina Williams
Sworn to and Subscribed to before me in the Probate Court
this 14th day of December A.D. 1867
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 400)
Description
[page 400]
[corresponds to labeled page 368 of Will Record Volume 4 1859 - 1869]
368
Record of the Last Will of Hulda Fairchild decd
Proceedings had before Thomas W. Powell 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 18th
day of December A.D. 1867.
This day the last will and testament of Hulda
Fairchild late of Harlem Township in this County decd. was
produced in Court and record; thereupon George L. Converse and
Lyman B. Hanover, the two subscribing witnesses to the said Will came
into Court and were duly sworn and examined, and their testimony
reduced to writing, 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 testatrix at the time of executing
the same was of full age and sound mind and memory and
not under any restraint, thereupon 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 Hulda Fairchild decd.
Thereupon letters testamentary were granted
unto Lyman B. Hanover, the executor named in the said will,
who gave bonds in the sum of $10,000 with George L. Converse
Benjamin Paul, William Perfect AND A. O. Needles his sureties
Gorsuch The Court approved John Cook David
Gorsuch and John Q Adams appraisers of the estate
T. W. Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I Huldah Fairchild being of sound and disposing mind and
memory and knowing the certainty of death and the uncertain-
=ty of Life do make and publish this my last will and
testament.
Item first, It is my will that all my just debts be paid and
that my funeral expenses shall be paid and I desire that suitable
tombstones shall be erected at my grave of good quality of
marbel & also on the grave of my husband if none are up
before then.
Item Second I give and bequeath to Huldah Fairchild my
neice the sum of two Hundred Dollars.
Item Third. I give and bequeath to my brotherinLaw Benjamin
M. Faitchild the sum of Three thousand dollars and it is my
wish that his daughter Huldah shall have her reasonable proportion
of said last named sum if any should be left at the
death of my said Brother in Law.
Item Fourth I give to my Brother Roger E. Hills the sum of
Five Hundred Dollars.
[corresponds to labeled page 368 of Will Record Volume 4 1859 - 1869]
368
Record of the Last Will of Hulda Fairchild decd
Proceedings had before Thomas W. Powell 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 18th
day of December A.D. 1867.
This day the last will and testament of Hulda
Fairchild late of Harlem Township in this County decd. was
produced in Court and record; thereupon George L. Converse and
Lyman B. Hanover, the two subscribing witnesses to the said Will came
into Court and were duly sworn and examined, and their testimony
reduced to writing, 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 testatrix at the time of executing
the same was of full age and sound mind and memory and
not under any restraint, thereupon 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 Hulda Fairchild decd.
Thereupon letters testamentary were granted
unto Lyman B. Hanover, the executor named in the said will,
who gave bonds in the sum of $10,000 with George L. Converse
Benjamin Paul, William Perfect AND A. O. Needles his sureties
Gorsuch The Court approved John Cook David
Gorsuch and John Q Adams appraisers of the estate
T. W. Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All
I Huldah Fairchild being of sound and disposing mind and
memory and knowing the certainty of death and the uncertain-
=ty of Life do make and publish this my last will and
testament.
Item first, It is my will that all my just debts be paid and
that my funeral expenses shall be paid and I desire that suitable
tombstones shall be erected at my grave of good quality of
marbel & also on the grave of my husband if none are up
before then.
Item Second I give and bequeath to Huldah Fairchild my
neice the sum of two Hundred Dollars.
Item Third. I give and bequeath to my brotherinLaw Benjamin
M. Faitchild the sum of Three thousand dollars and it is my
wish that his daughter Huldah shall have her reasonable proportion
of said last named sum if any should be left at the
death of my said Brother in Law.
Item Fourth I give to my Brother Roger E. Hills the sum of
Five Hundred Dollars.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 401)
Description
[page 401]
[corresponds to labeled page 369 of Will Record Volume 4 1859 - 1869]
369
Record of the last Will of Hulda Fairchild decd.
Item Fifth I give and bequeath to my Brother Lauren Hills
the sum of One Hundred dollars to be paid to him by my Executor from
time to time as the judgment of my executor shall determine
for the best personal interest of my said Brother.
Item Sixth. I give and bequeath to my relative Edward Henry Son
of Jacob Henry the sum of One Hundred Dollars I desire that said
sum shall be paid by my Executor to said Jacob Henry to be
used by him and the amount thereof together with yearly interest
to be paid over to said Edward when he shall arrive at the age
of twenty one years by said Jacob Henry
Item Seventh. I give and bedqueath to the Refuge Predestinarian
Baptist Church in Harlem township Delaware County Ohio the sum
of Fifteen Hundred dollars and I desire that the same be placed
in the hands and under the controll of Lyman B. Hanover Nathan
Gorsuch and George Coons three trustees for the use and benefit of said
Church. It is my wish that said sum or so much as my said
trustees may deem necessary may be expended in the erection of a church
building for the worship of Almighty God at or near the four corners just
south of the residence of said Hanover.
Item Eighth I give and bequeath the residue of my estate as follows:
One fifth part thereof to the heirs of my sister Aurilla Keeler deceased -
One fifth part thereof to the heirs of my sister Bular Relaford deceased -
One fifth part thereof to the heirs of my sister Esther Hatch deceased -
One fifth part thereof to my sister Patty Hatch and at her death I desire
the unexpended balance of her said share to pass to her children - and one
fifth part thereof to my Brother Zimri Hills - It is my wish however, before
said last named division of the remainder of my estate into five parts
shall be made that my executor shall shall pay out of my estate
to the children of my said sister Patty Hatch each the sum of One Hundred
Dollars. It is my wish further that after said division shall have been
made before my portion thereof shall be paid over to the heirs of my
sister Buler Releferd deceased that my Executor shall take out of
their share suficient funds and therewith erect suitable plain marbel
tombstones over the graves of my said sister and her three children buried
in Genoa Township Delaware County Ohio and then pay over what may
remain of their one fifth part
Ninth - I do hereby constitute and appoint the friends of my late
Husband deceased Lyman B. Hanover Executor of this my last will and
testament - and I hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this twenty seventh day of July A.D. 1863
her
Huldah X Fairchild
mark
Signed and sealed by said Huldah Fairchild in our presence and
Signed by us as witnesses in her presence and at her request -
said Huldah Fairchild declaring said instrument to be her last
[corresponds to labeled page 369 of Will Record Volume 4 1859 - 1869]
369
Record of the last Will of Hulda Fairchild decd.
Item Fifth I give and bequeath to my Brother Lauren Hills
the sum of One Hundred dollars to be paid to him by my Executor from
time to time as the judgment of my executor shall determine
for the best personal interest of my said Brother.
Item Sixth. I give and bequeath to my relative Edward Henry Son
of Jacob Henry the sum of One Hundred Dollars I desire that said
sum shall be paid by my Executor to said Jacob Henry to be
used by him and the amount thereof together with yearly interest
to be paid over to said Edward when he shall arrive at the age
of twenty one years by said Jacob Henry
Item Seventh. I give and bedqueath to the Refuge Predestinarian
Baptist Church in Harlem township Delaware County Ohio the sum
of Fifteen Hundred dollars and I desire that the same be placed
in the hands and under the controll of Lyman B. Hanover Nathan
Gorsuch and George Coons three trustees for the use and benefit of said
Church. It is my wish that said sum or so much as my said
trustees may deem necessary may be expended in the erection of a church
building for the worship of Almighty God at or near the four corners just
south of the residence of said Hanover.
Item Eighth I give and bequeath the residue of my estate as follows:
One fifth part thereof to the heirs of my sister Aurilla Keeler deceased -
One fifth part thereof to the heirs of my sister Bular Relaford deceased -
One fifth part thereof to the heirs of my sister Esther Hatch deceased -
One fifth part thereof to my sister Patty Hatch and at her death I desire
the unexpended balance of her said share to pass to her children - and one
fifth part thereof to my Brother Zimri Hills - It is my wish however, before
said last named division of the remainder of my estate into five parts
shall be made that my executor shall shall pay out of my estate
to the children of my said sister Patty Hatch each the sum of One Hundred
Dollars. It is my wish further that after said division shall have been
made before my portion thereof shall be paid over to the heirs of my
sister Buler Releferd deceased that my Executor shall take out of
their share suficient funds and therewith erect suitable plain marbel
tombstones over the graves of my said sister and her three children buried
in Genoa Township Delaware County Ohio and then pay over what may
remain of their one fifth part
Ninth - I do hereby constitute and appoint the friends of my late
Husband deceased Lyman B. Hanover Executor of this my last will and
testament - and I hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this twenty seventh day of July A.D. 1863
her
Huldah X Fairchild
mark
Signed and sealed by said Huldah Fairchild in our presence and
Signed by us as witnesses in her presence and at her request -
said Huldah Fairchild declaring said instrument to be her last
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 402)
Description
[page 402]
[corresponds to labeled page 370 of Will Record Volume 4 1859 - 1869]
370
Record of the Last Will of Huldah Fairchild decd.
will and testament.
This 27th day of July A.D. 1863
Geo L. Converse
Lyman B. Hanover
{U. S. Stamp $ 10.50}
(Copy of Testimony and record thereof )
The State of Ohio, Delaware County, SS
In the matter of the last will and testament of Huldah Fairchild
late of Harlem Township in this County deceased.
We George L. Converse and Lyman B. Hanover being duly sworn in open
court this 18th day of December A.D. 1867, depose and say, that we were
present at the execution of the last will and testament of Hulda
Fairchild of Harlem Township 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 witnesses at her request and in her presence and in the
presence of each other
Geo. L. Converse
Lyman B. Hanover
Sworn to and subscribed before me in the Probate Court this 18th
day of December A.D. 1867
T. W. Powell
Probate Judge
[corresponds to labeled page 370 of Will Record Volume 4 1859 - 1869]
370
Record of the Last Will of Huldah Fairchild decd.
will and testament.
This 27th day of July A.D. 1863
Geo L. Converse
Lyman B. Hanover
{U. S. Stamp $ 10.50}
(Copy of Testimony and record thereof )
The State of Ohio, Delaware County, SS
In the matter of the last will and testament of Huldah Fairchild
late of Harlem Township in this County deceased.
We George L. Converse and Lyman B. Hanover being duly sworn in open
court this 18th day of December A.D. 1867, depose and say, that we were
present at the execution of the last will and testament of Hulda
Fairchild of Harlem Township 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 witnesses at her request and in her presence and in the
presence of each other
Geo. L. Converse
Lyman B. Hanover
Sworn to and subscribed before me in the Probate Court this 18th
day of December A.D. 1867
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 403)
Description
[page 403]
[corresponds to labeled page 371 of Will Record Volume 4 1859 - 1869]
371
Record of the last will of William Domagan decd
Proceedings had before Thomas W. Powell 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 21st day of December A.D. 1867
On this day the last will and testament of William
Domagan late of Berkshire Township in this County decd, was presented to the
Court for probate and record. Thereupon James P. Crawford and Mary Crawford
the two subscribing witnesses came into Court, and were duly sworn and
examined, and their testimony reduced to writing, annexed to the will
and filed therewith, and it appearing 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 after consideration Orders that the said will be admitted
to probate as duly proved as the last will and testament of the said William
Domagan decd. and admitted to record as such.
Thereupon letters testamentary were granted to James P.
Crawford the executor named in the said will, to Administer upon the said estate
according to the said will who gave bonds in the sum of $900 with Derwin
Hyde and Daniel Barson his sureties; And Arthur Nelson, Henry Gregg
and Newell Carpenter are appointed appraisers of the said Estate
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All
I William Domagan of the Township of Berkshire County
of Delaware and State of Ohio do make and publish this my last will
and testament.
Item First I give and devise to my beloved Nephew Charles Domagan Son
of Jeremiah Domagan all my property both real and personal which I
may be seized of at my death, after paying my debts funeral charges and
the erection of a suitable stone at my grave.
Item Second I do hereby nominate and appoint J. P. Crawford 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 hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and seal this 7th day
of Sept. in the year 1867
William Domagan {Seal}
X
his mark
{U. S. Stamp $1.00}
Signed and acknowledged by said William Domagan as his last will and
testament in our presence and signed by us in his presence.
J. P. Crawford
Mary Crawford
[corresponds to labeled page 371 of Will Record Volume 4 1859 - 1869]
371
Record of the last will of William Domagan decd
Proceedings had before Thomas W. Powell 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 21st day of December A.D. 1867
On this day the last will and testament of William
Domagan late of Berkshire Township in this County decd, was presented to the
Court for probate and record. Thereupon James P. Crawford and Mary Crawford
the two subscribing witnesses came into Court, and were duly sworn and
examined, and their testimony reduced to writing, annexed to the will
and filed therewith, and it appearing 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 after consideration Orders that the said will be admitted
to probate as duly proved as the last will and testament of the said William
Domagan decd. and admitted to record as such.
Thereupon letters testamentary were granted to James P.
Crawford the executor named in the said will, to Administer upon the said estate
according to the said will who gave bonds in the sum of $900 with Derwin
Hyde and Daniel Barson his sureties; And Arthur Nelson, Henry Gregg
and Newell Carpenter are appointed appraisers of the said Estate
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All
I William Domagan of the Township of Berkshire County
of Delaware and State of Ohio do make and publish this my last will
and testament.
Item First I give and devise to my beloved Nephew Charles Domagan Son
of Jeremiah Domagan all my property both real and personal which I
may be seized of at my death, after paying my debts funeral charges and
the erection of a suitable stone at my grave.
Item Second I do hereby nominate and appoint J. P. Crawford 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 hereby revoke all former wills by me made
In testimony whereof I have hereunto set my hand and seal this 7th day
of Sept. in the year 1867
William Domagan {Seal}
X
his mark
{U. S. Stamp $1.00}
Signed and acknowledged by said William Domagan as his last will and
testament in our presence and signed by us in his presence.
J. P. Crawford
Mary Crawford
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 404)
Description
[page 404]
[corresponds to labeled page 372 of Will Record Volume 4 1859 - 1869]
372
Record of the last Will of William Domagan decd
(Testimony and Record thereof)
The State of Ohio Delaware County, ss,
In the matter of the last will and testament of William Domagan in this County
deceased.
We James P. Crawford and Mary Crawford being duly sworn in open court this
21st day of December A.D. 1867, depose and say, we were present at the execution of
the last will and testament of William Domagan of Berkshire 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 witness at his request and in his presence and in the
presence of each other.
J.P. Crawford
Mary Crawford
Sworn to and subscribed before me in the Probate Court this 21st day of December
A D. 1867
T.W. Powell
Probate Judge
Record of the last Will of Richard Waldron dec.
Proceedings had before Thomas W. Powell 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 21st day of December
A. D. 1867
On this day the last will of Richard Waldron late of Kingston
Township decd. was presented in court for probate and record.
Thereupon Joseph Potter and Nelson Taylor the two attesting witnesses
to the will, came into court and were duly sworn and examined, their
testimony reduced to writing, 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 said will
was of full age and of sound mind and memory and not under any
restraint. Thereupon 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 Richard Waldron decd, and, admitted to record as
such.
Thereupon the executor named in the will declining
to act, and the widow desiring the appointment of Hugh Hendrixson
as administrator, the court appoint Hugh Hendrixson Administrator
[corresponds to labeled page 372 of Will Record Volume 4 1859 - 1869]
372
Record of the last Will of William Domagan decd
(Testimony and Record thereof)
The State of Ohio Delaware County, ss,
In the matter of the last will and testament of William Domagan in this County
deceased.
We James P. Crawford and Mary Crawford being duly sworn in open court this
21st day of December A.D. 1867, depose and say, we were present at the execution of
the last will and testament of William Domagan of Berkshire 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 witness at his request and in his presence and in the
presence of each other.
J.P. Crawford
Mary Crawford
Sworn to and subscribed before me in the Probate Court this 21st day of December
A D. 1867
T.W. Powell
Probate Judge
Record of the last Will of Richard Waldron dec.
Proceedings had before Thomas W. Powell 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 21st day of December
A. D. 1867
On this day the last will of Richard Waldron late of Kingston
Township decd. was presented in court for probate and record.
Thereupon Joseph Potter and Nelson Taylor the two attesting witnesses
to the will, came into court and were duly sworn and examined, their
testimony reduced to writing, 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 said will
was of full age and of sound mind and memory and not under any
restraint. Thereupon 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 Richard Waldron decd, and, admitted to record as
such.
Thereupon the executor named in the will declining
to act, and the widow desiring the appointment of Hugh Hendrixson
as administrator, the court appoint Hugh Hendrixson Administrator
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 405)
Description
[page 405]
[corresponds to labeled page 373 of Will Record Volume 4 1859 - 1869]
Record of Last Will of Richard Waldron decd 373
with the will annexed to administer the said estate, who thereupon gave
bonds in the sum of $2000 with Kenny Besse and William T. Crastants
his sureties; and the Court appoint Nelson Taylor John Hall and Robert
Ferguson appraises of said estate.
T.W. Powell Probate Judge
(Copy of said Will)
In the name of the Benevolent Father of all
I Richard Waldron of the County of Delaware in the State of Ohio,
do make and publish this my last will and testament.
Item 1st I give and bequeath to my wife Jane Waldron three hundred
dollars
Item 2nd I give and bequeath to my son Harrison Waldron five dollars
it is my will that he should pay all my funeral expenses
Item 3rd I give and beqeath to my daughter Caroline Strain
and Sarah J. Hendrixson all my moveable personal property to be equally
divided between them.
Item 4th I do hereby nominate and appoint William Waldron to be my
Executor of this my last will and Testament.
In testimony whereof I have hereunto set my hand
and seal this 26 day of November A. D. 1867
Richard Waldron
Signed sealed and acknowledged by the said Richard Waldron as his last
will and testament in our presence and signed by us in his presence
Joseph Potter
Nelson Taylor
The State of Ohio Delaware County sd.
In the matter of the last will and testament of Richard Waldron late
of Kingston Township in this County deceased.
We Joseph Potter and Nelson Taylor being duly sworn in open court
this 21st day of December A. D. 1867, depose and say, that we were present at
the execution of the last will and testament of Richard Waldron 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 witness at his request
and in his presence and in the presence of each other.
Joseph Potter
Nelson Taylor
Sworn to and Subscribed before me in the Probate Court this 21st day
of December A D 1876.
T.W. Powell Probate Judge
[corresponds to labeled page 373 of Will Record Volume 4 1859 - 1869]
Record of Last Will of Richard Waldron decd 373
with the will annexed to administer the said estate, who thereupon gave
bonds in the sum of $2000 with Kenny Besse and William T. Crastants
his sureties; and the Court appoint Nelson Taylor John Hall and Robert
Ferguson appraises of said estate.
T.W. Powell Probate Judge
(Copy of said Will)
In the name of the Benevolent Father of all
I Richard Waldron of the County of Delaware in the State of Ohio,
do make and publish this my last will and testament.
Item 1st I give and bequeath to my wife Jane Waldron three hundred
dollars
Item 2nd I give and bequeath to my son Harrison Waldron five dollars
it is my will that he should pay all my funeral expenses
Item 3rd I give and beqeath to my daughter Caroline Strain
and Sarah J. Hendrixson all my moveable personal property to be equally
divided between them.
Item 4th I do hereby nominate and appoint William Waldron to be my
Executor of this my last will and Testament.
In testimony whereof I have hereunto set my hand
and seal this 26 day of November A. D. 1867
Richard Waldron
Signed sealed and acknowledged by the said Richard Waldron as his last
will and testament in our presence and signed by us in his presence
Joseph Potter
Nelson Taylor
The State of Ohio Delaware County sd.
In the matter of the last will and testament of Richard Waldron late
of Kingston Township in this County deceased.
We Joseph Potter and Nelson Taylor being duly sworn in open court
this 21st day of December A. D. 1867, depose and say, that we were present at
the execution of the last will and testament of Richard Waldron 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 witness at his request
and in his presence and in the presence of each other.
Joseph Potter
Nelson Taylor
Sworn to and Subscribed before me in the Probate Court this 21st day
of December A D 1876.
T.W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 406)
Description
[page 406]
[corresponds to labeled page 374 of Will Record Volume 4 1859 - 1869]
374
Record of the last will of John Adam Freshwater decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware and State of Ohio at his
Office in the town of Delaware in the 14th day of January A.D. 1868
This day the last will and testament of John
Adam Freshwater late of Concord Township Decd. was presented to the
Court for probate and record Thereupon Richard Pounds and Merlin Burton
the two subscribing witnesses came into court and were duly sworn
and examined and their testimony reduced to writing annexed thereto
and filed with the will; 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 Orders the said will to be admitted to probate and read
as duly proved as the last will and testament of the said John
Adam Freshwater decd. and ordered to be recorded as such
T.W. Powell Prob. Judge
(Copy of Will)
In the name of the Benevolent Father of All.
I, John Adam Freshwater of Concord Tp. Delaware
County, Ohio do make and publish this my last will
and testament.
Item 1st I give and devise to my beloved wife the farm on which
we now live containing about three hundred acres of during her
natural life if she remained my widow and all the stock, house
hold goods furniture provisions and other goods and chattels which
may be thereon at the time of my decease she however selling so much
thereof as may be sufficeint to pay my just debts.
At the death of my said wife I give and devise to my sons John
Manuel and David Leroy and their heirs two hundred acres of
the real estate aforesaid on the west side of said farm.
Item 2nd I give and devise to my two daughters, Analiza and Malinda
Jane the balance of the aforesaid real estate.
Item 3d I give and devise to my daughter Sarah Jane Kannahwalt two
thousand and two hundred Dollars which she has already got.
I desire that no appraisement and no sale of my personal property
be made.
In Testimony Thereof I have hereunto set my hand and seal this
24th day of December in the year 1867
Signed and acknowledged by said John Adam
Freshwater as his last will
and testament in our presence and signed by us in his presence
Richard Pounds
Merlin Burton
[corresponds to labeled page 374 of Will Record Volume 4 1859 - 1869]
374
Record of the last will of John Adam Freshwater decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware and State of Ohio at his
Office in the town of Delaware in the 14th day of January A.D. 1868
This day the last will and testament of John
Adam Freshwater late of Concord Township Decd. was presented to the
Court for probate and record Thereupon Richard Pounds and Merlin Burton
the two subscribing witnesses came into court and were duly sworn
and examined and their testimony reduced to writing annexed thereto
and filed with the will; 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 Orders the said will to be admitted to probate and read
as duly proved as the last will and testament of the said John
Adam Freshwater decd. and ordered to be recorded as such
T.W. Powell Prob. Judge
(Copy of Will)
In the name of the Benevolent Father of All.
I, John Adam Freshwater of Concord Tp. Delaware
County, Ohio do make and publish this my last will
and testament.
Item 1st I give and devise to my beloved wife the farm on which
we now live containing about three hundred acres of during her
natural life if she remained my widow and all the stock, house
hold goods furniture provisions and other goods and chattels which
may be thereon at the time of my decease she however selling so much
thereof as may be sufficeint to pay my just debts.
At the death of my said wife I give and devise to my sons John
Manuel and David Leroy and their heirs two hundred acres of
the real estate aforesaid on the west side of said farm.
Item 2nd I give and devise to my two daughters, Analiza and Malinda
Jane the balance of the aforesaid real estate.
Item 3d I give and devise to my daughter Sarah Jane Kannahwalt two
thousand and two hundred Dollars which she has already got.
I desire that no appraisement and no sale of my personal property
be made.
In Testimony Thereof I have hereunto set my hand and seal this
24th day of December in the year 1867
Signed and acknowledged by said John Adam
Freshwater as his last will
and testament in our presence and signed by us in his presence
Richard Pounds
Merlin Burton
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 407)
Description
[page 407]
[corresponds to labeled page 375 of Will Record Volume 4 1859 - 1869]
Record of last will of John Adam Freshwater decd
375
(copy of Testimony and record thereof)
The State of Ohio Delaware County, ss
In the matter of the last will and testament of John Adam
Freshwater, of Concord Township in the County deceased
We, Richard Pounds and Merlin Burton being duly sworn in open
Court this 16th day of January A.D. 1868 depose and say we were present at
the execution of the last will and testament of John Adam Freshwater
of Concord 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
Merlin Burton
Richard Pounds
Sworn to and subscribed before me in the Probate Court this 16th
day of January A.D. 1868.
T.W. Powell
Probate Judge
______________________________________________________
Record of the last Will of John W Wheeler Decd
Proceedings had before Thomas W Powell 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 3" day of February A.D. 1868
This day the last will and testament of
John W. Wheeler late of Harlem Township in the County
dec'd was presented in Court for Probate and record
Therefore Lyman B Hanover and Lyman Tyler the two
subscribing witnesses to the said will came into Court
and were duly and examined and their testimony
reduced to writing and 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 testator at the time of executing the same was of sound
mind and memory and not under any restraint and
was of full age the Court therefore orders that the said will
be admitted to Probate as duly proved as the last will and
testament of the said John. W. Wheeler dec'd and ordering
to the record as such
(over)
[corresponds to labeled page 375 of Will Record Volume 4 1859 - 1869]
Record of last will of John Adam Freshwater decd
375
(copy of Testimony and record thereof)
The State of Ohio Delaware County, ss
In the matter of the last will and testament of John Adam
Freshwater, of Concord Township in the County deceased
We, Richard Pounds and Merlin Burton being duly sworn in open
Court this 16th day of January A.D. 1868 depose and say we were present at
the execution of the last will and testament of John Adam Freshwater
of Concord 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
Merlin Burton
Richard Pounds
Sworn to and subscribed before me in the Probate Court this 16th
day of January A.D. 1868.
T.W. Powell
Probate Judge
______________________________________________________
Record of the last Will of John W Wheeler Decd
Proceedings had before Thomas W Powell 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 3" day of February A.D. 1868
This day the last will and testament of
John W. Wheeler late of Harlem Township in the County
dec'd was presented in Court for Probate and record
Therefore Lyman B Hanover and Lyman Tyler the two
subscribing witnesses to the said will came into Court
and were duly and examined and their testimony
reduced to writing and 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 testator at the time of executing the same was of sound
mind and memory and not under any restraint and
was of full age the Court therefore orders that the said will
be admitted to Probate as duly proved as the last will and
testament of the said John. W. Wheeler dec'd and ordering
to the record as such
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 408)
Description
[page 408]
[corresponds to labeled page 376 of Will Record Volume 4 1859 - 1869]
376
Record of the last Will of John W. Wheeler Dec'd
Therefore letters testamentary were issued to Lyman B.
Hanover the executor named in the will who gave bonds
in the sum of $4000. with James Rudd and Lyman
Tyler his witness. The Court appoints John Crook A.P. Needden
and John Adams Appraiser of Real Estate.
T.W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolant Father of all
I John W Wheeler of sound and deposing mind and
memory of Harlem Township Delaware County Ohio knowing
the uncertainty of life and the certainty of death do
hereby make and publish this my last Will and Testament
Item 1st it is my will that all my just debts funeral
and all other necessary expenses be paid out of my
personal estate.
Item 2" I further desire that my executor shall erect
over my Grave a suitable monument or grave Stone of good
quality of marble and pay for the same out of my
personal estate_
Item 3" I give devise and bequeath to my sister
Eliza Bailey the sum of Twenty Five Dollars
Item 4" I give devise and bequeath to my sister Nancy
Sturdevant the sum of Twenty Five Dollars
Item 5" I give and bequeath to my brother Joseph. B.
Wheeler the sum of Twenty Five Dollars.
Item 6" I give and bequeath to the heirs of my sister
Mariahbah Davenport the sum of Twenty Five Dollars
Item 7" I give and bequeath to the heirs of my brother
Joseph Wheeler the sum of Twenty Five Dollars
Item 8" I give devise and bequeath to my brother Gardner
F. Wheeler all my real Estate a part of which is situated
in Harlem Township Delaware County Ohio on which
I now reside the remainder in the Counties of Merathon
and Portage in the state of Wisconsin and I further
give my last mentioned Brother Gardner F Wheeler two Land
Warrants that I now own one for One Hundred and Sixty
acres and one for Sixty Acres of Land.
Item 9" The entire residue of my personal Estate after
paying the specified items mentioned I give and bequeath
to my Brother Gardner F Wheeler
Item 10" I do hereby Constitute and appoint my friend
Lyman. B. Hanover executor of this my last Will and Testament
Item 11" I do hereby revoke all former wills made by me
John Wheeler {seal}
Signed and acknowledged. by the said John W. Wheeler as his last
Will and Testament in our presence and signed by us in his presence and at his request This 28"
day of January A.D. 1868 Lyman Tyler ~ Lyman B Hanover {U.S.S.}
{$2. }
[corresponds to labeled page 376 of Will Record Volume 4 1859 - 1869]
376
Record of the last Will of John W. Wheeler Dec'd
Therefore letters testamentary were issued to Lyman B.
Hanover the executor named in the will who gave bonds
in the sum of $4000. with James Rudd and Lyman
Tyler his witness. The Court appoints John Crook A.P. Needden
and John Adams Appraiser of Real Estate.
T.W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolant Father of all
I John W Wheeler of sound and deposing mind and
memory of Harlem Township Delaware County Ohio knowing
the uncertainty of life and the certainty of death do
hereby make and publish this my last Will and Testament
Item 1st it is my will that all my just debts funeral
and all other necessary expenses be paid out of my
personal estate.
Item 2" I further desire that my executor shall erect
over my Grave a suitable monument or grave Stone of good
quality of marble and pay for the same out of my
personal estate_
Item 3" I give devise and bequeath to my sister
Eliza Bailey the sum of Twenty Five Dollars
Item 4" I give devise and bequeath to my sister Nancy
Sturdevant the sum of Twenty Five Dollars
Item 5" I give and bequeath to my brother Joseph. B.
Wheeler the sum of Twenty Five Dollars.
Item 6" I give and bequeath to the heirs of my sister
Mariahbah Davenport the sum of Twenty Five Dollars
Item 7" I give and bequeath to the heirs of my brother
Joseph Wheeler the sum of Twenty Five Dollars
Item 8" I give devise and bequeath to my brother Gardner
F. Wheeler all my real Estate a part of which is situated
in Harlem Township Delaware County Ohio on which
I now reside the remainder in the Counties of Merathon
and Portage in the state of Wisconsin and I further
give my last mentioned Brother Gardner F Wheeler two Land
Warrants that I now own one for One Hundred and Sixty
acres and one for Sixty Acres of Land.
Item 9" The entire residue of my personal Estate after
paying the specified items mentioned I give and bequeath
to my Brother Gardner F Wheeler
Item 10" I do hereby Constitute and appoint my friend
Lyman. B. Hanover executor of this my last Will and Testament
Item 11" I do hereby revoke all former wills made by me
John Wheeler {seal}
Signed and acknowledged. by the said John W. Wheeler as his last
Will and Testament in our presence and signed by us in his presence and at his request This 28"
day of January A.D. 1868 Lyman Tyler ~ Lyman B Hanover {U.S.S.}
{$2. }
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 409)
Description
[page 409]
[corresponds to labeled page 377 of Will Record Volume 4 1859 - 1869]
377
Record of the last Will of John W. Wheeler Dec'd
(Copy of Testamony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last Will and testament of John W. Wheeler
of Harlem Township of this County deceased,
We Lyman Tyler and Lyman B. Hanover being duly Sworn in
open Court this 3rd day of February A.D. 1868 depose and say that
we were present at the execution of the last Will and
testament of John W. Wheeler of Harlem 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
Lyman Tyler
Lyman B. Hanover
Sworn to and Subscribed before me in the Probate Court this
3rd day of February A.D. 1868
_______________________________
Record of the last Will of Robert R. Thomas
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio
at his office in the town of Delaware on the 15th day of
February 1868.
This day the last Will and Testament of Robert R. Thomas
late of Radnor Township in this County decd was presented
to the Court for Probate and record therefore Walter Perry and
Philip Jones the two attending 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. 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 mem-
-ory and of full age it is therefore ordered that the said will
be admitted to probate as duly proved as the last will and
testament of said Robert R. Thomas dec'd and ordered as such.
(No letters issued) T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All -
I Robert R. Thomas of Radnor Township Delaware County and
State of Ohio do make and publish this as my last
(over)
[corresponds to labeled page 377 of Will Record Volume 4 1859 - 1869]
377
Record of the last Will of John W. Wheeler Dec'd
(Copy of Testamony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last Will and testament of John W. Wheeler
of Harlem Township of this County deceased,
We Lyman Tyler and Lyman B. Hanover being duly Sworn in
open Court this 3rd day of February A.D. 1868 depose and say that
we were present at the execution of the last Will and
testament of John W. Wheeler of Harlem 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
Lyman Tyler
Lyman B. Hanover
Sworn to and Subscribed before me in the Probate Court this
3rd day of February A.D. 1868
_______________________________
Record of the last Will of Robert R. Thomas
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio
at his office in the town of Delaware on the 15th day of
February 1868.
This day the last Will and Testament of Robert R. Thomas
late of Radnor Township in this County decd was presented
to the Court for Probate and record therefore Walter Perry and
Philip Jones the two attending 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. 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 mem-
-ory and of full age it is therefore ordered that the said will
be admitted to probate as duly proved as the last will and
testament of said Robert R. Thomas dec'd and ordered as such.
(No letters issued) T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All -
I Robert R. Thomas of Radnor Township Delaware County and
State of Ohio do make and publish this as my last
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 410)
Description
[page 410]
[corresponds to labeled page 378 of Will Record Volume 4 1859 - 1869]
Record of the last Will of Robert R Thomas
will and testament
Item 1st I give and devise to my beloved wife in Con-
-nection with her dower all the Monies Credits Household
goods furniture provisions and other Chattels of which I
may be possessed at the time of my decease. excepting so
much thereof as may be required to pay my debts.
Item 2nd I give and bequeath to my three Sons Russell Thomas
Stephen C Thomas and Joseph P Thomas the farm on which
we now reside being 99 1/2 acres) to them and their heirs and
assigns forever in equal shares upon the following Conditions
that they do equally pay their respective proportion of the following
named sums to be paid in manner and form following
Five Hundred and Fifty Five Dollars to be paid to my
daughter Margret Perry within two years after my decease.
Five Hundred and Fifty Five Dollars to my Daughter
Jane Clark within two years after my decease. And a
like sum to my daughter Caroline Pomley to be paid
within two years after my decease. Seven Hundred and
Fifty Five Dollars to my daughter Angeline Thomas within
two years after my decease and Seven Hundred and fifty
five Dollars to my daughter Mary Thomas to be paid within
the time above mentioned.
Item 3rd I also devise and bequeath to my sons Russel
Thomas Stephen C Thomas and Joseph P Thomas in equal
proportion the lot of land Deeded to me by David Stephen
and Mary Thomas.
Item 4th I do hereby nominate and appoint my sons
Russell Thomas and Stephen C. Thomas executors of this my
last will and testament hereby authorizing and empowering
them to adjust release and discharge in such manner
as they may deem proper, the debts and Claims due me
and I do also authorize them if it shall be necessary in
order to pay my debts to sell at private sale or otherwise any
of my personal property to satisfy the said debts.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my and seal this Sixth
day of January in the Year 1868
his
Robert. R X Thomas {Seal}
mark
(Attest H C Olds,
Signed and acknowledged by said Robert R Thomas as his
last will and testament in our presence and signed by us
in his presence
Walter Penry -
Philip Jones
{U.S. Stamp }
{Three Dollars & Fifty Cents}
[corresponds to labeled page 378 of Will Record Volume 4 1859 - 1869]
Record of the last Will of Robert R Thomas
will and testament
Item 1st I give and devise to my beloved wife in Con-
-nection with her dower all the Monies Credits Household
goods furniture provisions and other Chattels of which I
may be possessed at the time of my decease. excepting so
much thereof as may be required to pay my debts.
Item 2nd I give and bequeath to my three Sons Russell Thomas
Stephen C Thomas and Joseph P Thomas the farm on which
we now reside being 99 1/2 acres) to them and their heirs and
assigns forever in equal shares upon the following Conditions
that they do equally pay their respective proportion of the following
named sums to be paid in manner and form following
Five Hundred and Fifty Five Dollars to be paid to my
daughter Margret Perry within two years after my decease.
Five Hundred and Fifty Five Dollars to my Daughter
Jane Clark within two years after my decease. And a
like sum to my daughter Caroline Pomley to be paid
within two years after my decease. Seven Hundred and
Fifty Five Dollars to my daughter Angeline Thomas within
two years after my decease and Seven Hundred and fifty
five Dollars to my daughter Mary Thomas to be paid within
the time above mentioned.
Item 3rd I also devise and bequeath to my sons Russel
Thomas Stephen C Thomas and Joseph P Thomas in equal
proportion the lot of land Deeded to me by David Stephen
and Mary Thomas.
Item 4th I do hereby nominate and appoint my sons
Russell Thomas and Stephen C. Thomas executors of this my
last will and testament hereby authorizing and empowering
them to adjust release and discharge in such manner
as they may deem proper, the debts and Claims due me
and I do also authorize them if it shall be necessary in
order to pay my debts to sell at private sale or otherwise any
of my personal property to satisfy the said debts.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my and seal this Sixth
day of January in the Year 1868
his
Robert. R X Thomas {Seal}
mark
(Attest H C Olds,
Signed and acknowledged by said Robert R Thomas as his
last will and testament in our presence and signed by us
in his presence
Walter Penry -
Philip Jones
{U.S. Stamp }
{Three Dollars & Fifty Cents}
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 411)
Description
[page 411]
[corresponds to labeled page 379 of Will Record Volume 4 1859 - 1869]
379
Record of the last Will of Robert. R. Thomas
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Robert R Thomas
late of Radnor Towship in this County deceased
We Walter Penry and Philip Jones being duly sworn in open
Court this 15th day of February A.D. 1868 depose and say that
we were present at the execution of the last will and testament
of Robert R. Thomas of Radnor 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 test-
-ament and that the said testator at the time of executing
the same 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.
Walter Penry.
Philip Jones.
Sworn to and subscribed before me in the Probate Court this
15" day of February A.D. 1868.
T.W. Powell, Probate Judge
___________________________________________
Record of the last will of Philip Smith dec'd
Proceedings had before Thomas W. Powell Judge of the
Probate Court within and for the County of Delaware
State of Ohio at his Office in the town of Delaware on
the 19" day of February 1868.
This day the last will and testament of Philip Smith
late of Delaware Township in the County deceased was
was presented to the Court for probate and record therefore
Augustus A Welch and Henry J Eaton the two Sub-
-scribing witnesses to the said will came into Court and
were duly Sworn and examined and their testimony reduced
to writing annexed to the will and filed therewith thereupon
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 and
upon consideration the Court orders that the Said will
be admitted to Probate as the last will and testament
of the Said Philip Smith and ordered to be recorded as
Such -
Therefore Mrs Margret Smith the widow came into Court and
says that upon being fully informed and understanding the
said will her choice and election is to take under the will
according to the terms thereof but she declines acting as
(over)
[corresponds to labeled page 379 of Will Record Volume 4 1859 - 1869]
379
Record of the last Will of Robert. R. Thomas
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Robert R Thomas
late of Radnor Towship in this County deceased
We Walter Penry and Philip Jones being duly sworn in open
Court this 15th day of February A.D. 1868 depose and say that
we were present at the execution of the last will and testament
of Robert R. Thomas of Radnor 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 test-
-ament and that the said testator at the time of executing
the same 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.
Walter Penry.
Philip Jones.
Sworn to and subscribed before me in the Probate Court this
15" day of February A.D. 1868.
T.W. Powell, Probate Judge
___________________________________________
Record of the last will of Philip Smith dec'd
Proceedings had before Thomas W. Powell Judge of the
Probate Court within and for the County of Delaware
State of Ohio at his Office in the town of Delaware on
the 19" day of February 1868.
This day the last will and testament of Philip Smith
late of Delaware Township in the County deceased was
was presented to the Court for probate and record therefore
Augustus A Welch and Henry J Eaton the two Sub-
-scribing witnesses to the said will came into Court and
were duly Sworn and examined and their testimony reduced
to writing annexed to the will and filed therewith thereupon
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 and
upon consideration the Court orders that the Said will
be admitted to Probate as the last will and testament
of the Said Philip Smith and ordered to be recorded as
Such -
Therefore Mrs Margret Smith the widow came into Court and
says that upon being fully informed and understanding the
said will her choice and election is to take under the will
according to the terms thereof but she declines acting as
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 412)
Description
[page 412]
[corresponds to labeled page 380 of Will Record Volume 4 1859 - 1869]
380
Record of the last Will of Philip Smith dec'd
executrix and prays that letters of administration with the
will annexed be granted to her and her son Jacob M. Smith
which letters are so granted to said Margret. R. Smith and Jacob
M. Smith, as administrators on the said estate with the will an-
-nexed. therefore they gave bonds in the sum of $900 Condition to
pay the debts and legacies no inventory or sale of personal property
being required on account that by the will said Margret is made
the residuary legatee. Letters of administration with the will annexed
issued accordingly.
T. W. Powell Probate Judge
(Copy of Will)
On this Twenty Fifth day of November in the Year of our Lord
Eighteen Hundred and Sixty Five I Philip Smith now residing
in Delaware Township in the County of Delaware and State
of Ohio do here make and publish this my last will and
testament hereby revoking all former wills by me made
I the said Philip Smith do give devise and bequeath
unto my beloved wife Margret A. Smith if she survives
me All the farm upon which we now live being a tract
of about fifty acres of land west part of Lot Eighteen
Section two township four Range Nineteen United States
Military Lands in said township of Delaware to be hers
absolutely in fee Simple
I also give devise and bequeath to my Said wife all
my live Stock and farming implements and all my
household furniture and all the property of which I
may be the owner at the time of my decease of every name
nature and description what soever and in whatsoever form
the same may then be, whether in Land or live Stock, or
furniture, or notes or accounts or money or any other form I
bequeath all my property to her, to be hers absolutely, the
real Estate in fee Simple.
I do also nominate Constitute and appoint my Said wife
Margret R. Smith Executrix of this my last will and
testament and it is my wish that she be not required
to give any bond in the Settlement of my estate and that
she be not required to have any appraisement or Sale of the
personal property thereof or required to return to Court any
inventory thereof.
In the testimony whereof I the Said Philip Smith have
hereunto set my Signature and seal on this 25th day of
November A.D. 1865
Philip Smith {Seal}
Subscribed by the said Philip Smith in our presence and
acknowledged by him to us to be his last will and testament and
signed by us as witnesses thereto in his presence at his request and in
presence of each other - Augustus A. Welch - Henry J. Eaton {U.S.S.}
{$1.50 }
[corresponds to labeled page 380 of Will Record Volume 4 1859 - 1869]
380
Record of the last Will of Philip Smith dec'd
executrix and prays that letters of administration with the
will annexed be granted to her and her son Jacob M. Smith
which letters are so granted to said Margret. R. Smith and Jacob
M. Smith, as administrators on the said estate with the will an-
-nexed. therefore they gave bonds in the sum of $900 Condition to
pay the debts and legacies no inventory or sale of personal property
being required on account that by the will said Margret is made
the residuary legatee. Letters of administration with the will annexed
issued accordingly.
T. W. Powell Probate Judge
(Copy of Will)
On this Twenty Fifth day of November in the Year of our Lord
Eighteen Hundred and Sixty Five I Philip Smith now residing
in Delaware Township in the County of Delaware and State
of Ohio do here make and publish this my last will and
testament hereby revoking all former wills by me made
I the said Philip Smith do give devise and bequeath
unto my beloved wife Margret A. Smith if she survives
me All the farm upon which we now live being a tract
of about fifty acres of land west part of Lot Eighteen
Section two township four Range Nineteen United States
Military Lands in said township of Delaware to be hers
absolutely in fee Simple
I also give devise and bequeath to my Said wife all
my live Stock and farming implements and all my
household furniture and all the property of which I
may be the owner at the time of my decease of every name
nature and description what soever and in whatsoever form
the same may then be, whether in Land or live Stock, or
furniture, or notes or accounts or money or any other form I
bequeath all my property to her, to be hers absolutely, the
real Estate in fee Simple.
I do also nominate Constitute and appoint my Said wife
Margret R. Smith Executrix of this my last will and
testament and it is my wish that she be not required
to give any bond in the Settlement of my estate and that
she be not required to have any appraisement or Sale of the
personal property thereof or required to return to Court any
inventory thereof.
In the testimony whereof I the Said Philip Smith have
hereunto set my Signature and seal on this 25th day of
November A.D. 1865
Philip Smith {Seal}
Subscribed by the said Philip Smith in our presence and
acknowledged by him to us to be his last will and testament and
signed by us as witnesses thereto in his presence at his request and in
presence of each other - Augustus A. Welch - Henry J. Eaton {U.S.S.}
{$1.50 }
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 413)
Description
[page 413]
[corresponds to labeled page 381 of Will Record Volume 4 1859 - 1869]
381
Record of the last Will of Philip Smith dec'd
(Copy of testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Philip
Smith late Delaware Township in this County deceased
We Augustus A Welch and Henry J. Eaton being duly Sworn in
open Court this 14th day of February A.D. 1868 depose and say that
we were present at the execution of the last will and testament
of Philip 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 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
Augustus A. Welch
Henry J. Eaton
Sworn and subscribed to before me this 19th day of February
A.D. 1868
T. W. Powell, Probate Judge
____________________________________
Record of the last Will of Israel Beach dec'd
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio
at his office in Delaware on the 25th day of February 1868
The last Will and testament
of Israel Beach late of Berkshire Township in this County
deceased was presented to the Court on the 17th instant for
Probate and record, upon which proceedings were had and Con-
-tinued until this day, And the Court having taken the testimony
of Stephen Casey and of the subscribing witnesses to the will
and the testimony of Thomas E. Stark and their testimony being
reduced to writing annexed to the will and filed therewith.
And it appearing to the Court to 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, It is therefore ordered that the said will
be admitted to probate as duly proved as the last will and test-
-ament of the said Israel Beach, dec'd as recorded as such
Therefore Mrs. Rhoda Beach the widow appeared in Court to make
her Election under the will and the same having been duly explained
to her and fully understood by her and her rights and interest
under it, did then declare that it was her Election and choice
to take under the said will according to the terms thereof and not
according to law which is So recorded.
Therefore it is ordered that letters testamentary be
(over)
[corresponds to labeled page 381 of Will Record Volume 4 1859 - 1869]
381
Record of the last Will of Philip Smith dec'd
(Copy of testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Philip
Smith late Delaware Township in this County deceased
We Augustus A Welch and Henry J. Eaton being duly Sworn in
open Court this 14th day of February A.D. 1868 depose and say that
we were present at the execution of the last will and testament
of Philip 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 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
Augustus A. Welch
Henry J. Eaton
Sworn and subscribed to before me this 19th day of February
A.D. 1868
T. W. Powell, Probate Judge
____________________________________
Record of the last Will of Israel Beach dec'd
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio
at his office in Delaware on the 25th day of February 1868
The last Will and testament
of Israel Beach late of Berkshire Township in this County
deceased was presented to the Court on the 17th instant for
Probate and record, upon which proceedings were had and Con-
-tinued until this day, And the Court having taken the testimony
of Stephen Casey and of the subscribing witnesses to the will
and the testimony of Thomas E. Stark and their testimony being
reduced to writing annexed to the will and filed therewith.
And it appearing to the Court to 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, It is therefore ordered that the said will
be admitted to probate as duly proved as the last will and test-
-ament of the said Israel Beach, dec'd as recorded as such
Therefore Mrs. Rhoda Beach the widow appeared in Court to make
her Election under the will and the same having been duly explained
to her and fully understood by her and her rights and interest
under it, did then declare that it was her Election and choice
to take under the said will according to the terms thereof and not
according to law which is So recorded.
Therefore it is ordered that letters testamentary be
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 414)
Description
[page 414]
[corresponds to labeled page 382 of Will Record Volume 4 1859 - 1869]
382
Record of the last will of Israel Beach dec'd
granted and issued to Josiah Rosecrans the executor named
in said will who accepted the same and gave bonds in the
sum of $3000. with Amos Utley and U. C. Frost as his sureties
(Letters and papers issued)
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All
I Israel Beach of Berkshire Township Delaware County and
State of Ohio, Do make ordain and publish this my last
will and testament, Revoking any and all others made by me
at any former time.
Item 1st It is my Will that my funeral expense and all
just debts be fully paid and my executor Cause to be erected
over my grave a plain but suitable tombstone.
Item 2nd It is my will that my Wife Rhoda shall have the
use of my whole estate including real estate personal property
money and credits and if necessary for her comfortable support
the principal or as much of the principal as she may need during
her natural life -
Item 3rd It is my Will that all my children or their heirs
shall share equal in my property except Harriet wife of S.
L. Doty, She having been thrown upon me for support which
will perhaps amount to more than her Share. And whereas I
have assisted in money and property Some more than others
therefore the Same to be Charged and taken out of these
respective shares are as follows - To Sarah Rosecrans Wife of
Josiah Rosecrans $77.50 Melville Beach $355.00 Phebe Rosecrans
$175.00 David Beach $ 230.00 Aaron Beach $195.00 Sidney Beach
$21.50 Susan Hubbard $75.00 Harriet Doty wife of S. L. Doty $584.00
The Rule I desire my executors to adopt to divide my estate is to
add to the amount of the aforesaid property after the same is reduced
to cash and all just claims are paid in full the amount
that each Child has received and divide the total amount by the
number of heirs (Seven) and what each has received to be accounted
towards their share in payment of the same and if any child
except Harriet Doty have received more than their share they shall
refund the same. It is also my wish that Harriet Doty shall have
her support out of my property if she is not otherwise provided
for not exceeding One Hundred Dollars per Year. I do hereby
appoint Josiah Rosecrans executor of this my last will and
Testament.
In testimony whereof I have hereunto set my hand and seal this
13th day of May 1861 Signed Sealed and acknowledge in our
presence
Henry Stark. Israel Beach {SS}
Stephen Carey.
{U. S. Stamp}
{ one Dollar}
[corresponds to labeled page 382 of Will Record Volume 4 1859 - 1869]
382
Record of the last will of Israel Beach dec'd
granted and issued to Josiah Rosecrans the executor named
in said will who accepted the same and gave bonds in the
sum of $3000. with Amos Utley and U. C. Frost as his sureties
(Letters and papers issued)
T. W. Powell Probate Judge
(Copy of Will)
In the name of the Benevolent Father of All
I Israel Beach of Berkshire Township Delaware County and
State of Ohio, Do make ordain and publish this my last
will and testament, Revoking any and all others made by me
at any former time.
Item 1st It is my Will that my funeral expense and all
just debts be fully paid and my executor Cause to be erected
over my grave a plain but suitable tombstone.
Item 2nd It is my will that my Wife Rhoda shall have the
use of my whole estate including real estate personal property
money and credits and if necessary for her comfortable support
the principal or as much of the principal as she may need during
her natural life -
Item 3rd It is my Will that all my children or their heirs
shall share equal in my property except Harriet wife of S.
L. Doty, She having been thrown upon me for support which
will perhaps amount to more than her Share. And whereas I
have assisted in money and property Some more than others
therefore the Same to be Charged and taken out of these
respective shares are as follows - To Sarah Rosecrans Wife of
Josiah Rosecrans $77.50 Melville Beach $355.00 Phebe Rosecrans
$175.00 David Beach $ 230.00 Aaron Beach $195.00 Sidney Beach
$21.50 Susan Hubbard $75.00 Harriet Doty wife of S. L. Doty $584.00
The Rule I desire my executors to adopt to divide my estate is to
add to the amount of the aforesaid property after the same is reduced
to cash and all just claims are paid in full the amount
that each Child has received and divide the total amount by the
number of heirs (Seven) and what each has received to be accounted
towards their share in payment of the same and if any child
except Harriet Doty have received more than their share they shall
refund the same. It is also my wish that Harriet Doty shall have
her support out of my property if she is not otherwise provided
for not exceeding One Hundred Dollars per Year. I do hereby
appoint Josiah Rosecrans executor of this my last will and
Testament.
In testimony whereof I have hereunto set my hand and seal this
13th day of May 1861 Signed Sealed and acknowledge in our
presence
Henry Stark. Israel Beach {SS}
Stephen Carey.
{U. S. Stamp}
{ one Dollar}
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 415)
Description
[page 415]
[corresponds to labeled page 383 of Will Record Volume 4 1859 - 1869]
383
Record of the last Will of Israel Beach dec'd
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Israel Beach late
of Berkshire Township in this County deceased.
I Stephen Carey being duly sworn in open Court this 19th day of
February A.D. 1868 depose and say that this deponent and Henry
C. Stark were present at the execution of the last will and
testament of Israel Beach of Berkshire 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
Stephen Carey
Sworn to and subscribed before me in the Probate Court this
19th day of February A.D. 1868
T. W. Powell Probate Judge
The State of Ohio Delaware County SS.
In the Probate Court In the matter of the last will and testament
of Israel Beach late of Berkshire in this County deceased
Thomas E. Stark being duly sworn in open Court this 17th
day of February 1868, depose and says that he has seen the
last will and testament of Israel Beach late of Berkshire
dec'd hereto annexed, That he was well acquainted with
Henry C. Stark one of the witnesses thereto who was the brother
of this deponent and was well acquainted with his hand
writing, That the signature thereto purportng to be his signature
he is well satisfied is his own signature and was signed by
the said Henry C. Stark and is his true signature and hand
writing. That said Henry C. Stark is now deceased having died
while in the service during the late war.
Thomas E. Stark
Sworn to and subscribed before me the day and Year above
written..
T. W. Powell Probate Judge
________________________
[corresponds to labeled page 383 of Will Record Volume 4 1859 - 1869]
383
Record of the last Will of Israel Beach dec'd
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Israel Beach late
of Berkshire Township in this County deceased.
I Stephen Carey being duly sworn in open Court this 19th day of
February A.D. 1868 depose and say that this deponent and Henry
C. Stark were present at the execution of the last will and
testament of Israel Beach of Berkshire 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
Stephen Carey
Sworn to and subscribed before me in the Probate Court this
19th day of February A.D. 1868
T. W. Powell Probate Judge
The State of Ohio Delaware County SS.
In the Probate Court In the matter of the last will and testament
of Israel Beach late of Berkshire in this County deceased
Thomas E. Stark being duly sworn in open Court this 17th
day of February 1868, depose and says that he has seen the
last will and testament of Israel Beach late of Berkshire
dec'd hereto annexed, That he was well acquainted with
Henry C. Stark one of the witnesses thereto who was the brother
of this deponent and was well acquainted with his hand
writing, That the signature thereto purportng to be his signature
he is well satisfied is his own signature and was signed by
the said Henry C. Stark and is his true signature and hand
writing. That said Henry C. Stark is now deceased having died
while in the service during the late war.
Thomas E. Stark
Sworn to and subscribed before me the day and Year above
written..
T. W. Powell Probate Judge
________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 416)
Description
[page 416]
[corresponds to labeled page 384 of Will Record Volume 4 1859 - 1869]
384
Record of the last Will of Wilder Joy deceased
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio at
his office in Delaware on the 2nd day of March A.D. 1868
This day the last will and testament of Wilder Joy
late of Delaware Township in this County deceased was presented
to Court for probate and record. Therefore Nathaniel Joy and
James Eaton two of the Subscribing witnesses of the said
will came into Court and were duly sworn and examined
and their testimony reduced to writing 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 sound
mind and memory and not under any 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 Wilder Joy decd and that the same
be entered and recorded as such.
Therefore Thomas F. Joy the executor named in the will appeared
in Court and accepted the Said appointment and entered into Bonds
in the sum of $10000. Conditioned to pay the debts and legacies
and with Nathaniel C. Joy and Moses L. Starr his Sureties and
accordingly letters testamentary now issued to him. No Inventory
appraisement or sale required. The heirs and legatees arranging the
same among themselves.
T. W. Powell Probate Judge
(Copy of Will)
I Wilder Joy of Delaware County State of Ohio being of sound
and disposing mind and memory, do make and declare and
publish this to be my last will and Testament hereby revoking
and making null and void all former last wills and test-
-aments and the writings in the nature of last wills and testaments
by me heretofore made.
Item 1st I give and devise to my beloved wife Martha Joy in
lieu of her Dower Homestead or farm on which we now reside
Containing about thirty five acres, during her natural life and
I further give and bequeath to her all the Stock household goods
furniture provisions Horse and carriage and all other goods
and Chattels which may be thereon at the time of my decease
Item 2nd I give and bequeath unto my said beloved wife during
her natural life all the Rail Road Stock I may own at my
decease, she however to support my Son Merick during his
minority.
Item 3rd I give and devise unto my Son Thomas F. Joy the
remainder of my old farm (a part thereof having been sold to him here=
=tofore) being about two hundred acres of land situated in Range
19 Township Five section four United States Military Survey by
[corresponds to labeled page 384 of Will Record Volume 4 1859 - 1869]
384
Record of the last Will of Wilder Joy deceased
Proceedings had before Thomas W. Powell Judge of the Probate
Court within and for the County of Delaware State of Ohio at
his office in Delaware on the 2nd day of March A.D. 1868
This day the last will and testament of Wilder Joy
late of Delaware Township in this County deceased was presented
to Court for probate and record. Therefore Nathaniel Joy and
James Eaton two of the Subscribing witnesses of the said
will came into Court and were duly sworn and examined
and their testimony reduced to writing 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 sound
mind and memory and not under any 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 Wilder Joy decd and that the same
be entered and recorded as such.
Therefore Thomas F. Joy the executor named in the will appeared
in Court and accepted the Said appointment and entered into Bonds
in the sum of $10000. Conditioned to pay the debts and legacies
and with Nathaniel C. Joy and Moses L. Starr his Sureties and
accordingly letters testamentary now issued to him. No Inventory
appraisement or sale required. The heirs and legatees arranging the
same among themselves.
T. W. Powell Probate Judge
(Copy of Will)
I Wilder Joy of Delaware County State of Ohio being of sound
and disposing mind and memory, do make and declare and
publish this to be my last will and Testament hereby revoking
and making null and void all former last wills and test-
-aments and the writings in the nature of last wills and testaments
by me heretofore made.
Item 1st I give and devise to my beloved wife Martha Joy in
lieu of her Dower Homestead or farm on which we now reside
Containing about thirty five acres, during her natural life and
I further give and bequeath to her all the Stock household goods
furniture provisions Horse and carriage and all other goods
and Chattels which may be thereon at the time of my decease
Item 2nd I give and bequeath unto my said beloved wife during
her natural life all the Rail Road Stock I may own at my
decease, she however to support my Son Merick during his
minority.
Item 3rd I give and devise unto my Son Thomas F. Joy the
remainder of my old farm (a part thereof having been sold to him here=
=tofore) being about two hundred acres of land situated in Range
19 Township Five section four United States Military Survey by
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 417)
Description
[page 417]
[corresponds to labeled page 385 of Will Record Volume 4 1859 - 1869]
385
Record of the last Will of Wilder Joy dec'd
his paying twenty five dollars per acre therefor, to go into
distribution as herein after provided -
Item 4th I give and bequeath to my Son Merick Joy a sufficient
amount of money and clothing to enable him to complete his
Collegiate Education in addition to the subsequent bequest
herein to him -
Item 5th It is my will and desire (after the payment of all
my just debts and proper charges and the administration and
settlement of this my last will and testament) that the residue of
my estate be equally divided among all my children, share and share
alike but in such division my said Son Thomas F is to be charged with
Seven hundred dollars heretofore received by him by way of advance-
=ment and my daughter Martha A. James is to be charged with
five hundred and fifty nine dollars heretofore received by her by
way of advancement, Also my daughter Lucy Casement is to be
charged with one hundred and fifty dollars heretofore received
by her by way of advancement also all advancements hereafter
made to said Son and daughter or any other of my Son or daughters
for which I may have their receipts at the time of my decease
are to be charged to them respectively as received in their
portion of my said Estate: in making said divisions or apportionment
among my Said children, however all said advancement made
or to be made hereafter and to be taken and Considered as part
of Said residue of my estate, But my Son Thomas F. is to have
after my decease a reasonable time allowed him in which
to pay amount charged upon the farm herein devised to him And it is my will
that in case any of my children should die before me or
at any time or at any time before my said estate is settled
and distributed, leaving lawful issue of his or her or their
body or bodies then in each such case such issue shall
take what their parent would otherwise have taken under this
my will.
Item 6th I do hereby nominate and appoint my Son Thomas
F. Joy, my Sole executor of this my last will and testament
hereby authorizing him to collect compromise adjust release and
discharge in such manner as he may think proper, the
debts due me and after the decease of my wife to sell the
property herein devised and bequeathed to her for life, by private
or public Sale as he may think proper, and it is my will
that he distribute the proceeds thereof as is directed as to
other property in Item 5th of this Will, hereby fully authorizing
my Said Executor to administer on this my last will and
testament and settle my said Estate without appraisement or
inventory of the Same returnable to any Court of Probate or law
having full Confidence in the ability and integrity of my
said executor to do justice in the settling and division
of my Said estate hereby ratifying all his acts or Sales of
property real or personal Connected with my Said Estate
(over)
[corresponds to labeled page 385 of Will Record Volume 4 1859 - 1869]
385
Record of the last Will of Wilder Joy dec'd
his paying twenty five dollars per acre therefor, to go into
distribution as herein after provided -
Item 4th I give and bequeath to my Son Merick Joy a sufficient
amount of money and clothing to enable him to complete his
Collegiate Education in addition to the subsequent bequest
herein to him -
Item 5th It is my will and desire (after the payment of all
my just debts and proper charges and the administration and
settlement of this my last will and testament) that the residue of
my estate be equally divided among all my children, share and share
alike but in such division my said Son Thomas F is to be charged with
Seven hundred dollars heretofore received by him by way of advance-
=ment and my daughter Martha A. James is to be charged with
five hundred and fifty nine dollars heretofore received by her by
way of advancement, Also my daughter Lucy Casement is to be
charged with one hundred and fifty dollars heretofore received
by her by way of advancement also all advancements hereafter
made to said Son and daughter or any other of my Son or daughters
for which I may have their receipts at the time of my decease
are to be charged to them respectively as received in their
portion of my said Estate: in making said divisions or apportionment
among my Said children, however all said advancement made
or to be made hereafter and to be taken and Considered as part
of Said residue of my estate, But my Son Thomas F. is to have
after my decease a reasonable time allowed him in which
to pay amount charged upon the farm herein devised to him And it is my will
that in case any of my children should die before me or
at any time or at any time before my said estate is settled
and distributed, leaving lawful issue of his or her or their
body or bodies then in each such case such issue shall
take what their parent would otherwise have taken under this
my will.
Item 6th I do hereby nominate and appoint my Son Thomas
F. Joy, my Sole executor of this my last will and testament
hereby authorizing him to collect compromise adjust release and
discharge in such manner as he may think proper, the
debts due me and after the decease of my wife to sell the
property herein devised and bequeathed to her for life, by private
or public Sale as he may think proper, and it is my will
that he distribute the proceeds thereof as is directed as to
other property in Item 5th of this Will, hereby fully authorizing
my Said Executor to administer on this my last will and
testament and settle my said Estate without appraisement or
inventory of the Same returnable to any Court of Probate or law
having full Confidence in the ability and integrity of my
said executor to do justice in the settling and division
of my Said estate hereby ratifying all his acts or Sales of
property real or personal Connected with my Said Estate
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 418)
Description
[page 418]
[corresponds to labeled page 386 of Will Record Volume 4 1859 - 1869]
386
Record of the last Will of Wilder Joy Dec'd
and in the settlement thereof.
In testimony whereof I Said Wilder Joy have hereunto Set
my hand and seal this sixth day of February A.D. Eighteen
hundred and sixty three
Wilder Joy {Seal}
Signed sealed and declared by said Wilder Joy to be his last
will and testament in our presence and at his request we
hereunto Subscribe our names as witnesses in his presence and in
the presence of each other -
B. P. Willey
N. C. Joy
James Eaton
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Wilder Joy
late of Delaware in this County deceased
We Benjamin P. Willey, Nathaniel C. Joy and James Eaton being
duly Sworn in open Court this 2nd day of March A.D. 1868 depose
and say that we were present at the Execution of the last will
and testament of Wilder Joy of Delaware Ohio 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
Nathaniel Joy
Sworn to and Subscribed before me in the Probate Court
this 2nd day of March A.D. 1868.
T. W. Powell Probate Judge.
____________________________________
[corresponds to labeled page 386 of Will Record Volume 4 1859 - 1869]
386
Record of the last Will of Wilder Joy Dec'd
and in the settlement thereof.
In testimony whereof I Said Wilder Joy have hereunto Set
my hand and seal this sixth day of February A.D. Eighteen
hundred and sixty three
Wilder Joy {Seal}
Signed sealed and declared by said Wilder Joy to be his last
will and testament in our presence and at his request we
hereunto Subscribe our names as witnesses in his presence and in
the presence of each other -
B. P. Willey
N. C. Joy
James Eaton
(Copy of Testimony and record thereof)
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Wilder Joy
late of Delaware in this County deceased
We Benjamin P. Willey, Nathaniel C. Joy and James Eaton being
duly Sworn in open Court this 2nd day of March A.D. 1868 depose
and say that we were present at the Execution of the last will
and testament of Wilder Joy of Delaware Ohio 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
Nathaniel Joy
Sworn to and Subscribed before me in the Probate Court
this 2nd day of March A.D. 1868.
T. W. Powell Probate Judge.
____________________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 419)
Description
[page 419]
[corresponds to labeled page 387 of Will Book Vol. 4 1859 - 1869]
387
Record of the Authenticated Will of Jonathan Pierson decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and the
State of Ohio, on the 17th day of July A.D. 1868, at his office
in the Town of Delaware to wit:
The following is a transcrib of the journal entry to wit: -
July 19th 1868
Will of Jonathan Pierson late of Wilmington Del. decd.
This day the authenticated copy of the last will and testament of
Jonathan Pierson late of Wilmington in New Castle County in the
State of Delaware decd was presented to this Court to be admitted
to record: and this Court finding from the said authentication that the
said will was duly proved and probated and admitted to record
in the office of the office of the Register at Newcastle aforesaid,
on the 14th day of November 1864, and duly certified on the 9th day of
April 1868, and that the same was relating to property in this County
the same is admitted to record and ordered to be recorded in this
Court.
- Copy of authenticated Copy of Will -
Know all men by these presents that I Jonathan Pierson a
resident of the City of Wilmington New Castle County and State of
Delaware being of reasonable mind and knowing the uncertainty of
human life do make this my last will and testament hereby re-
voking and annulling all other wills of previous dates.
I give and bequeath to the American Baptist Missionary Union
of Boston Mass the sum of fifty dollars.
I give to the Pennsylvania Baptist educational society fifty
dollars.
I give to the American and foreign Bible Society of New York
fifty dollars.
I give to the Sabbath School of the 2nd Baptist church of Wilmington
Delaware twenty five dollars and my watch. All the rest of my
property both personal and real after my debts are paid I give and
bequeath to my dear brother Oliver Pierson of Newark New Jersey and
to his heirs and assigns forever to hold as his own and to use it for
the glory of God.
I also wish to say that while I have remembered in my
last will & Testament only Such organizations as belong to the Baptist
denomination I still cherish with much affection the
Christians of the Presbyterian denomination and all who love the Lord
Jesus Christ in sincerity and truth
In witness whereof I have hereunto set my hand and seal
this fifth day of April Eighteen hundred and Sixty four A.D.
Jonathan Pierson {Seal}
Signed Sealed published and declared by the said Jonathan
Pierson as and for his last will and Testament in the presence of
[corresponds to labeled page 387 of Will Book Vol. 4 1859 - 1869]
387
Record of the Authenticated Will of Jonathan Pierson decd.
Proceedings had before Thomas W. Powell Judge of the
Probate Court in and for the County of Delaware and the
State of Ohio, on the 17th day of July A.D. 1868, at his office
in the Town of Delaware to wit:
The following is a transcrib of the journal entry to wit: -
July 19th 1868
Will of Jonathan Pierson late of Wilmington Del. decd.
This day the authenticated copy of the last will and testament of
Jonathan Pierson late of Wilmington in New Castle County in the
State of Delaware decd was presented to this Court to be admitted
to record: and this Court finding from the said authentication that the
said will was duly proved and probated and admitted to record
in the office of the office of the Register at Newcastle aforesaid,
on the 14th day of November 1864, and duly certified on the 9th day of
April 1868, and that the same was relating to property in this County
the same is admitted to record and ordered to be recorded in this
Court.
- Copy of authenticated Copy of Will -
Know all men by these presents that I Jonathan Pierson a
resident of the City of Wilmington New Castle County and State of
Delaware being of reasonable mind and knowing the uncertainty of
human life do make this my last will and testament hereby re-
voking and annulling all other wills of previous dates.
I give and bequeath to the American Baptist Missionary Union
of Boston Mass the sum of fifty dollars.
I give to the Pennsylvania Baptist educational society fifty
dollars.
I give to the American and foreign Bible Society of New York
fifty dollars.
I give to the Sabbath School of the 2nd Baptist church of Wilmington
Delaware twenty five dollars and my watch. All the rest of my
property both personal and real after my debts are paid I give and
bequeath to my dear brother Oliver Pierson of Newark New Jersey and
to his heirs and assigns forever to hold as his own and to use it for
the glory of God.
I also wish to say that while I have remembered in my
last will & Testament only Such organizations as belong to the Baptist
denomination I still cherish with much affection the
Christians of the Presbyterian denomination and all who love the Lord
Jesus Christ in sincerity and truth
In witness whereof I have hereunto set my hand and seal
this fifth day of April Eighteen hundred and Sixty four A.D.
Jonathan Pierson {Seal}
Signed Sealed published and declared by the said Jonathan
Pierson as and for his last will and Testament in the presence of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 420)
Description
[page 420]
[corresponds to labeled page 388 of Will Book Vol. 4 1859 - 1869]
388
Record of Authenticated Will of Jonathan Pierson decd
us who at his request and in his presence and in the presence of
each other have hereunto subscribed our names as witnesses
Rebecca Ann Boone
Eliza B. Tindall
James S. Dickerson
New Castle County }
State of Delaware } S.S. In testimony that the foregoing is a true
[in left margin: { L.S.} ]
copy of the last will and Testament of Jonathan Pierson late of the
City of Wilmington in the County of New Castle deceased, as the same
now remains of record in the Registers office at New Castle in
said County. I have hereunto set my hand and affixed the seal
of the said Registers office at New Castle the fourteenth day of
November - A.D. 1864
R. C. Fraine
Register
State of Delaware
New Castle Co. S.S.
Personally came before me R. C. Fraim Register
of Wills & in and for New Castle County Rebecca Ann Boone and
Eliza B. Tindall two of the subscribing witnesses to the foregoing
instrument of writing and being solemnly sworn according to
law did say that they saw Jonathan Pierson the testator sign
and seal said instrument of writing and heard him pronounce publish
and declare the same to be his last will and testament, that at the
time of his so doing he was to the best of their belief of a sound and
disposing mind and memory that it was in his presence and at his
request and in the presence of each other that they signed their names
as witnesses
In testimony whereof I have hereunto set my hand at
New Castle the fourteenth day of November A.D. 1864
R. C. Fraim
Register
Be it remembered that on the fourteenth day of November
in the year of our Lord Eighteen hundred and sixty four was proved
approved and insinuated the last will and testament of Jonathan
Pierson late of the city of Wilmington deceased and letters of
administration thereon were granted unto Oliver Pierson of the
County of Essex in the State of New Jersey, and Inventory and
appraisment and a list of debts and credits to be filed in the Reg-
-isters office at New Castle on or before the fourteenth day of
November A.D. 1865, or when thereunto lawfully requi-
-red. Bond taken in a penalty of Four hundred dollars. Rev.
J. Deckinson Security
Given under the seal of the Registers office at
New Castle this fourteenth day of November A.D. 1864
R. C. Fraim Reigster
[corresponds to labeled page 388 of Will Book Vol. 4 1859 - 1869]
388
Record of Authenticated Will of Jonathan Pierson decd
us who at his request and in his presence and in the presence of
each other have hereunto subscribed our names as witnesses
Rebecca Ann Boone
Eliza B. Tindall
James S. Dickerson
New Castle County }
State of Delaware } S.S. In testimony that the foregoing is a true
[in left margin: { L.S.} ]
copy of the last will and Testament of Jonathan Pierson late of the
City of Wilmington in the County of New Castle deceased, as the same
now remains of record in the Registers office at New Castle in
said County. I have hereunto set my hand and affixed the seal
of the said Registers office at New Castle the fourteenth day of
November - A.D. 1864
R. C. Fraine
Register
State of Delaware
New Castle Co. S.S.
Personally came before me R. C. Fraim Register
of Wills & in and for New Castle County Rebecca Ann Boone and
Eliza B. Tindall two of the subscribing witnesses to the foregoing
instrument of writing and being solemnly sworn according to
law did say that they saw Jonathan Pierson the testator sign
and seal said instrument of writing and heard him pronounce publish
and declare the same to be his last will and testament, that at the
time of his so doing he was to the best of their belief of a sound and
disposing mind and memory that it was in his presence and at his
request and in the presence of each other that they signed their names
as witnesses
In testimony whereof I have hereunto set my hand at
New Castle the fourteenth day of November A.D. 1864
R. C. Fraim
Register
Be it remembered that on the fourteenth day of November
in the year of our Lord Eighteen hundred and sixty four was proved
approved and insinuated the last will and testament of Jonathan
Pierson late of the city of Wilmington deceased and letters of
administration thereon were granted unto Oliver Pierson of the
County of Essex in the State of New Jersey, and Inventory and
appraisment and a list of debts and credits to be filed in the Reg-
-isters office at New Castle on or before the fourteenth day of
November A.D. 1865, or when thereunto lawfully requi-
-red. Bond taken in a penalty of Four hundred dollars. Rev.
J. Deckinson Security
Given under the seal of the Registers office at
New Castle this fourteenth day of November A.D. 1864
R. C. Fraim Reigster
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 421)
Description
[page 421]
[corresponds to labeled page 389 of Will Record Vol. 4 1859 - 1869]
389.
Record of Authenticated Will of Jonathan Pierson decd.
State of Delaware
New Castle County S.S.
In testimony that the foregoing is a true copy
{Seal} of the original last will and Testament of Jonathan Pierson
late of the city of Wilmington in the County of New Castle
aforesaid deceased and also of the Probate of said last will
and Testament and certificate of the granting of Letters of
administration thereon as the same now remains of Record in
the Registers office in and for the County of New Castle aforesaid
I hereunto set my hand and seal of office this 6th day of April
A.D. 1868
R. C. Fraim Register
State of Delaware
New Castle County S.S.
I Edward W. Yilpin Esquire Chief Justice of
the State of Delaware and as such Presiding Judge of the
{ L. S.} Superior Court in and for the County of New Castle Do
certify that Robert C. Fraim Esquire by whom the foregoing
copy certificate and attestation were made and given was at the time
of making thereof and still is Register for the Probate of Wills and
granting of Letters of Administration in and for New Castle County
duly commissioned and sworn to all of whose acts as such full faith and credit
are and ought to be given as well in Courts of Judicature as elsewhere
In testimony whereof I have hereunto } E. W. Yilpin
set my hand this ninth day of April A.D. 1868 } C. J.
State of Delaware
New Castle County S.S.
I Richard Y. Cooper Prothonatory of the Superior
{ L. S. } Court in and for New Castle County Do certify that
the Honorable Edward W. Yilpin Esq. by whom the fore-
going certificate and attestation was made and given and whose
name is thereunto annexed in his own proper handwriting was at
the time of making thereof and still is Chief Justice of the State of
Delaware and as such Presiding Judge of the Superior Court,
in and for New Castle County duly commissioned and sworn to
all of whose acts as such full faith and credit are and ought to
be given as well in the County of Justice as elswhere
In testimony whereof I hereunto set my hand and the seal
of said Superior Court at New Castle the ninth day of April
A.D. 1868.
Richard Y. Cooper
Proy.
Recorded by me T. W. Powell
Probate Judge.
[corresponds to labeled page 389 of Will Record Vol. 4 1859 - 1869]
389.
Record of Authenticated Will of Jonathan Pierson decd.
State of Delaware
New Castle County S.S.
In testimony that the foregoing is a true copy
{Seal} of the original last will and Testament of Jonathan Pierson
late of the city of Wilmington in the County of New Castle
aforesaid deceased and also of the Probate of said last will
and Testament and certificate of the granting of Letters of
administration thereon as the same now remains of Record in
the Registers office in and for the County of New Castle aforesaid
I hereunto set my hand and seal of office this 6th day of April
A.D. 1868
R. C. Fraim Register
State of Delaware
New Castle County S.S.
I Edward W. Yilpin Esquire Chief Justice of
the State of Delaware and as such Presiding Judge of the
{ L. S.} Superior Court in and for the County of New Castle Do
certify that Robert C. Fraim Esquire by whom the foregoing
copy certificate and attestation were made and given was at the time
of making thereof and still is Register for the Probate of Wills and
granting of Letters of Administration in and for New Castle County
duly commissioned and sworn to all of whose acts as such full faith and credit
are and ought to be given as well in Courts of Judicature as elsewhere
In testimony whereof I have hereunto } E. W. Yilpin
set my hand this ninth day of April A.D. 1868 } C. J.
State of Delaware
New Castle County S.S.
I Richard Y. Cooper Prothonatory of the Superior
{ L. S. } Court in and for New Castle County Do certify that
the Honorable Edward W. Yilpin Esq. by whom the fore-
going certificate and attestation was made and given and whose
name is thereunto annexed in his own proper handwriting was at
the time of making thereof and still is Chief Justice of the State of
Delaware and as such Presiding Judge of the Superior Court,
in and for New Castle County duly commissioned and sworn to
all of whose acts as such full faith and credit are and ought to
be given as well in the County of Justice as elswhere
In testimony whereof I hereunto set my hand and the seal
of said Superior Court at New Castle the ninth day of April
A.D. 1868.
Richard Y. Cooper
Proy.
Recorded by me T. W. Powell
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 422)
Description
[page 422]
[corresponds to labeled page 390 of Will Record Vol. 4 1859 - 1869]
390
Record of the Last Will of Elizabeth Seigfried Decd
Proceedings had before Thomas W. Powell 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 16th day of March AD 1868
This day the last will and testament and the Codicil thereto
were presented to the Court for probate and record. Thereupon
William D. Heim, and H. M. Stephen, witnesses to the same
came into court and were duly sworn and examined, and their
testimony reduced to writing and filed with the will and codicil
and it appearing to the court that the said will and codicil were
duly executed and attested, 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 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 Elizabeth Sigfreid deceased, and ordered to be
recorded as such. Thereupon letters testementery were granted
to Ephriam Willey the Executor named in the will who gave bond
in the sum of $3000. with Abraham Worline and Jonathan
Troutman his sureties
T. W. Powell, Probate Judge
(Copy of the Will)
"Be it Known that Elizabeth Seigfried of Delaware County
Ohio, view of the uncertainty of life, and certainty of death
and being of sound mind and memory do now make and
publish this my last will and testament in manner following.
1st It is my will that at my death that my Executor hereinafter
appointed out of my Estate shall pay up all my Just debts
and liabilities.
2nd I give and devise unto my son-in-law Ephriam Willey in
trust for the uses and purposes hereinafter named Twenty one
acres of land with my residence, which land I bought of
Benjamin Ely, lying immediately west of the town mill
in Delaware Tp Delaware County Ohio, and all my personal
and mixed Estate, to be by him posessed, used, contracted and
sold if in his Judgement it may be advisable. And the use
rents and profits proceeds of sale and all income to be derived
from the same to be appropriated and used in the maintainance
of my three children, Sarah Seigfried who is blind, Margaret
Seigfried who is Deaf and Isaac Seigfried who is blind.
It is will and I so direct my said son-in-law Ephriam
Willey that he is to see that my said children shall be
supported and maintained, and indulged in small sums
of spending money in all respects as near as may be
practicable, as they have been maintained & indulged by
me, and for the purpose of enabling said trustees to carry on
[corresponds to labeled page 390 of Will Record Vol. 4 1859 - 1869]
390
Record of the Last Will of Elizabeth Seigfried Decd
Proceedings had before Thomas W. Powell 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 16th day of March AD 1868
This day the last will and testament and the Codicil thereto
were presented to the Court for probate and record. Thereupon
William D. Heim, and H. M. Stephen, witnesses to the same
came into court and were duly sworn and examined, and their
testimony reduced to writing and filed with the will and codicil
and it appearing to the court that the said will and codicil were
duly executed and attested, 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 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 Elizabeth Sigfreid deceased, and ordered to be
recorded as such. Thereupon letters testementery were granted
to Ephriam Willey the Executor named in the will who gave bond
in the sum of $3000. with Abraham Worline and Jonathan
Troutman his sureties
T. W. Powell, Probate Judge
(Copy of the Will)
"Be it Known that Elizabeth Seigfried of Delaware County
Ohio, view of the uncertainty of life, and certainty of death
and being of sound mind and memory do now make and
publish this my last will and testament in manner following.
1st It is my will that at my death that my Executor hereinafter
appointed out of my Estate shall pay up all my Just debts
and liabilities.
2nd I give and devise unto my son-in-law Ephriam Willey in
trust for the uses and purposes hereinafter named Twenty one
acres of land with my residence, which land I bought of
Benjamin Ely, lying immediately west of the town mill
in Delaware Tp Delaware County Ohio, and all my personal
and mixed Estate, to be by him posessed, used, contracted and
sold if in his Judgement it may be advisable. And the use
rents and profits proceeds of sale and all income to be derived
from the same to be appropriated and used in the maintainance
of my three children, Sarah Seigfried who is blind, Margaret
Seigfried who is Deaf and Isaac Seigfried who is blind.
It is will and I so direct my said son-in-law Ephriam
Willey that he is to see that my said children shall be
supported and maintained, and indulged in small sums
of spending money in all respects as near as may be
practicable, as they have been maintained & indulged by
me, and for the purpose of enabling said trustees to carry on
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 423)
Description
[page 423]
[corresponds to labeled page 391 of Will Record Vol. 4 1859 - 1869]
391
Record of the last will of Elizabeth Seigfried, Deceased
my wishes I desire to give him the most ample power and
descretion. At the same time it is my wish that he shall
not sell the real estate unless the same may be reinvested to
the advantage of said children or absolutely necessary for this
support And in case of the death of any one of my said children
then the ballance of said property Real and Personal goes to
the benefit of the survivor or survivors, and is to remain in
trust until the death of the Three. It is not anticipated that
either of them will ever marry, if so I then leave it to the
discretion of my said son-in-law to determine how much aid
it is proper to extend to such one, or whether in his Judgement
a marriage shall not place such one in a condition
of having forfeited their claim to his aid and protection,
and I particularly desire and so direct if any marriage
shall take place without his consent, that then and that case
the one so marrying shall forfeit all claim to maintainan-
ce under this will unless it shall be a matter of indul-
gence from said trustee. It is my wish that my widowed
daughter Mrs. Angelina Heigh shall remain with and take
care of my said Children during her widowhood, and that
my said trustee shall make a liberal allowance to her for
such services. And at the death of said three children, it is
my will that whatever of Property that may then be unexpended
after placing appropriate Tombstones at the graves of said
three children, shall be equally divided between my two
daughters Angelina High and Katherine Willey wife of
Ephriam Willey, or their Heirs. Lastly I hereby constitute
and appoint Ephriam Willey my son-in-Law the Executor
of this my last will and testament and also Testamentary
Guardian of my Three Children who are the principal benefic-
iaries under this will, to wit - Sarah Seigfried, Margaret
Seigfried and Isaac Seigfried, and I have so much
confidence in the honesty and integrity of said Ephriam
Willey that I do not desire that he shall give any Bonds
either as Executor or Testamentary Guardian under this
will. Hereby revoking all former wills by me made
and declaring this to be my last will and testament and
I have called upon my friends Charles Sweetzer and
Emery Moore to witness this my last will and testament
to which I have this 29th day of October 1855 subscribed
my name and affixed my seal.
her
Elizabeth X Seigfried
mark
Signed sealed acknowledged published and declared in
our presence as witnesses the day and year above written
Charles Sweetser
E. Moore
[corresponds to labeled page 391 of Will Record Vol. 4 1859 - 1869]
391
Record of the last will of Elizabeth Seigfried, Deceased
my wishes I desire to give him the most ample power and
descretion. At the same time it is my wish that he shall
not sell the real estate unless the same may be reinvested to
the advantage of said children or absolutely necessary for this
support And in case of the death of any one of my said children
then the ballance of said property Real and Personal goes to
the benefit of the survivor or survivors, and is to remain in
trust until the death of the Three. It is not anticipated that
either of them will ever marry, if so I then leave it to the
discretion of my said son-in-law to determine how much aid
it is proper to extend to such one, or whether in his Judgement
a marriage shall not place such one in a condition
of having forfeited their claim to his aid and protection,
and I particularly desire and so direct if any marriage
shall take place without his consent, that then and that case
the one so marrying shall forfeit all claim to maintainan-
ce under this will unless it shall be a matter of indul-
gence from said trustee. It is my wish that my widowed
daughter Mrs. Angelina Heigh shall remain with and take
care of my said Children during her widowhood, and that
my said trustee shall make a liberal allowance to her for
such services. And at the death of said three children, it is
my will that whatever of Property that may then be unexpended
after placing appropriate Tombstones at the graves of said
three children, shall be equally divided between my two
daughters Angelina High and Katherine Willey wife of
Ephriam Willey, or their Heirs. Lastly I hereby constitute
and appoint Ephriam Willey my son-in-Law the Executor
of this my last will and testament and also Testamentary
Guardian of my Three Children who are the principal benefic-
iaries under this will, to wit - Sarah Seigfried, Margaret
Seigfried and Isaac Seigfried, and I have so much
confidence in the honesty and integrity of said Ephriam
Willey that I do not desire that he shall give any Bonds
either as Executor or Testamentary Guardian under this
will. Hereby revoking all former wills by me made
and declaring this to be my last will and testament and
I have called upon my friends Charles Sweetzer and
Emery Moore to witness this my last will and testament
to which I have this 29th day of October 1855 subscribed
my name and affixed my seal.
her
Elizabeth X Seigfried
mark
Signed sealed acknowledged published and declared in
our presence as witnesses the day and year above written
Charles Sweetser
E. Moore
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 424)
Description
[page 424]
[corresponds to labeled page 392 of Will Record Vol. 4 1859 - 1869]
392
Record of the last will of Elizabeth Seigfried, Decd
(Copy of the Codicil)
Whereas I Elizabeth Seigfried of Delaware County Ohio having
made and duly executed the within writing, as my last will
and testament bearing date the 24th October 1855 Now I do
hereby declare this present writing to as a Codicil to my said will
and direct the same to be annexed thereto and taken as part
thereof And I do hereby bequeath to my daughter Rebecca
the sum of $350.00 and to my son Isaac the sum of $200.00
to be given to them by Ephriam Willey their Trustee, to be used
by them in such manner as they may desire.
In testimony whereof I the said Elizabeth Seigfried
have to this Codicil set my hand and seal this 7th day of
November AD 1863
her
Elizabeth X Seigfried {Seal}
mark
Signed sealed and published by the said Elizabeth
Seigfried as and for a Codicil to be added to and considered
as a part of her last will and testament in the presence of us who
at her request have subscribed our names in her presence as
witnesses W. D. Heim.
{ U S Stamp }
{ $2.50. } H. M. Stephen
(Copy of Testimony & Record thereof)
The State of Ohio
Delaware County SS In the Probate Court
In the matter of the will and testament of Elizabeth Seigfried dec
Wm. D. Heim being duly sworn in open court this
16th day of March A.D. 1868, depose and say that the last
will and testament of Elizabeth Seigfried hereto annexed, dated
October 29th 1855 was exhibited by her as her last will at the
time and place of the execution of the Codicil thereto annexed
to wit November 7th 1863, and claimed by her to be her last
will and testament and witnessed as such by Charles Sweetser
and E. Moore (ie Emery Moorer. That this affiant now says
that he is well acquainted with the handwriting of the said
witnesses to the said will, to wit, Charles Sweetser and Emery
Moore and say that the said signatures as witness to the
said will is unquestionably theirs, and now further says that
said Sweetser and Moore are both dead, and further say
not. W. D. Heim,
Sworn to and before me April 16th 1868
T. W. Powell, Probate Judge
The State of Ohio }
Delaware County SS }
In the matter of the Codicil to the last will and testament
of Elizabeth Seigfried deceased.
We Wm. D Heim and H. M. Stephen being
[corresponds to labeled page 392 of Will Record Vol. 4 1859 - 1869]
392
Record of the last will of Elizabeth Seigfried, Decd
(Copy of the Codicil)
Whereas I Elizabeth Seigfried of Delaware County Ohio having
made and duly executed the within writing, as my last will
and testament bearing date the 24th October 1855 Now I do
hereby declare this present writing to as a Codicil to my said will
and direct the same to be annexed thereto and taken as part
thereof And I do hereby bequeath to my daughter Rebecca
the sum of $350.00 and to my son Isaac the sum of $200.00
to be given to them by Ephriam Willey their Trustee, to be used
by them in such manner as they may desire.
In testimony whereof I the said Elizabeth Seigfried
have to this Codicil set my hand and seal this 7th day of
November AD 1863
her
Elizabeth X Seigfried {Seal}
mark
Signed sealed and published by the said Elizabeth
Seigfried as and for a Codicil to be added to and considered
as a part of her last will and testament in the presence of us who
at her request have subscribed our names in her presence as
witnesses W. D. Heim.
{ U S Stamp }
{ $2.50. } H. M. Stephen
(Copy of Testimony & Record thereof)
The State of Ohio
Delaware County SS In the Probate Court
In the matter of the will and testament of Elizabeth Seigfried dec
Wm. D. Heim being duly sworn in open court this
16th day of March A.D. 1868, depose and say that the last
will and testament of Elizabeth Seigfried hereto annexed, dated
October 29th 1855 was exhibited by her as her last will at the
time and place of the execution of the Codicil thereto annexed
to wit November 7th 1863, and claimed by her to be her last
will and testament and witnessed as such by Charles Sweetser
and E. Moore (ie Emery Moorer. That this affiant now says
that he is well acquainted with the handwriting of the said
witnesses to the said will, to wit, Charles Sweetser and Emery
Moore and say that the said signatures as witness to the
said will is unquestionably theirs, and now further says that
said Sweetser and Moore are both dead, and further say
not. W. D. Heim,
Sworn to and before me April 16th 1868
T. W. Powell, Probate Judge
The State of Ohio }
Delaware County SS }
In the matter of the Codicil to the last will and testament
of Elizabeth Seigfried deceased.
We Wm. D Heim and H. M. Stephen being
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 425)
Description
[page 425]
[corresponds to labeled page 393 of Will Record Vol. 4 1859 - 1869]
393
Record of the last will of Elizabeth Seigfried deceased
duly sworn in open court this 16th day of March AD 1868 depose
and say that we were present at the execution of the codicil to the
last will and testament of Elizabeth Seigfried of Delaware
County hereto annexed, that we saw said testator subscribe said
codicil and heard her publish and declare the same to be the codicil
to the 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 witnesss at her request and in her presence and in
the presence of each other.
Wm. D. Heim
H. M. Stephen.
Sworn to and Subscribed before me in the Probate Court this
16th day of March A.D. 1868
T. W. Powell Probate Judge
___________________________________________
Record of the last will of Truman Corbin Deceased
Proceedings had before Thomas W. Powell 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 day of
A. D. 1868
This day the last will and testament of Truman
Corbin late of Trenton Township in this county deceased was
presented to the Court for probate and record. Thereupon Thomas
M Cole, and Joseph H. Cole came into court and were duly
sworn and examined as the subscribing witnesses to the will
and their examination 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 sound mind
and memory and not under any restraint - thereupon upon
consideration the court orders the said will to be admitted
to probate as duly proved as the last will and testament
of the said Truman Corbin deceased and ordered to be
recorded as such (no letters)
T. W. Powell, Probate Judge
(Copy of the will)
In the name of our Heavenly Father -
I Truman Corbin 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 direct that all my Just debts and funeral expenses
be paid by my Executor.
Item 2nd I give and bequeath unto my beloved wife
Milisa Corbin all the property both personal and
real Estate in fee simple in her own right - to use and
[corresponds to labeled page 393 of Will Record Vol. 4 1859 - 1869]
393
Record of the last will of Elizabeth Seigfried deceased
duly sworn in open court this 16th day of March AD 1868 depose
and say that we were present at the execution of the codicil to the
last will and testament of Elizabeth Seigfried of Delaware
County hereto annexed, that we saw said testator subscribe said
codicil and heard her publish and declare the same to be the codicil
to the 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 witnesss at her request and in her presence and in
the presence of each other.
Wm. D. Heim
H. M. Stephen.
Sworn to and Subscribed before me in the Probate Court this
16th day of March A.D. 1868
T. W. Powell Probate Judge
___________________________________________
Record of the last will of Truman Corbin Deceased
Proceedings had before Thomas W. Powell 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 day of
A. D. 1868
This day the last will and testament of Truman
Corbin late of Trenton Township in this county deceased was
presented to the Court for probate and record. Thereupon Thomas
M Cole, and Joseph H. Cole came into court and were duly
sworn and examined as the subscribing witnesses to the will
and their examination 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 sound mind
and memory and not under any restraint - thereupon upon
consideration the court orders the said will to be admitted
to probate as duly proved as the last will and testament
of the said Truman Corbin deceased and ordered to be
recorded as such (no letters)
T. W. Powell, Probate Judge
(Copy of the will)
In the name of our Heavenly Father -
I Truman Corbin 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 direct that all my Just debts and funeral expenses
be paid by my Executor.
Item 2nd I give and bequeath unto my beloved wife
Milisa Corbin all the property both personal and
real Estate in fee simple in her own right - to use and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 426)
Description
[page 426]
[corresponds to labeled page 394 of Will Record Vol. 4 1859 - 1869]
394
Record of the last will of Truman Corbin, Deceased
dispose of as she shall see proper of which I may be
posessed at my decease
Item 3rd I nominate and appoint Alfred Barton Executor
of this my last will and testament.
As witness my hand and seal this seventh
day of October A.D. one thousand eight hundred and
sixty seven,
Truman Corbin {Seal}
We T. M. Cole and Joseph M. Cole hereby certify that
the above will was signed by Truman Corbin in our
presence as his will and by us in his presence as
witnesses T. M. Cole
J. H. Cole
(Copy of the Codicil)
I Truman Corbin make the following codicil to the
within will, to wit, I give and bequeath to my wife
Millisa Corbin in addition to what is bequeath to her
in my will, all land or lands, money or other description
of property I may inherit or fall heir to from any source
whatever. In testimony whereof I have hereunto set my
hand and seal this sixth day of December A.D. one
thousand eight hundred and sixty seven
Truman Corbin {Seal}
We T. M. Cole and J. H. Cole hereby certify that the above
codicil was signed by Truman Corbin in our presence as
his will and signed by us in his presence as witnesses
T. M. Cole
{ U S Stamp } J. H. Cole
{ $ 1.00 T. W. Powell }
` (Copy of testimony & record thereof)
The State of Ohio }
Delaware COunty SS }
In the matter of the last will and testament
of Truman Corbin late of Trenton Township deceased.
We, Thomas M. Cole, and Joseph H. Cole, being duly
sworn in open Court this 22nd day of April A.D. 1868,
depose and say that we were present at the execution of the
last will and testament of Truman Corbin of Trenton Town-
ship in this county hereto annexed that we saw the
said testator subscribe said will and heard him publish
and delcare the same to be his last will and testament, and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory, 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. M. Cole. J. H. Cole.
Sworn to and subscribed before me this 22nd day of April 1868 T. w. Powell
P. Judge
[corresponds to labeled page 394 of Will Record Vol. 4 1859 - 1869]
394
Record of the last will of Truman Corbin, Deceased
dispose of as she shall see proper of which I may be
posessed at my decease
Item 3rd I nominate and appoint Alfred Barton Executor
of this my last will and testament.
As witness my hand and seal this seventh
day of October A.D. one thousand eight hundred and
sixty seven,
Truman Corbin {Seal}
We T. M. Cole and Joseph M. Cole hereby certify that
the above will was signed by Truman Corbin in our
presence as his will and by us in his presence as
witnesses T. M. Cole
J. H. Cole
(Copy of the Codicil)
I Truman Corbin make the following codicil to the
within will, to wit, I give and bequeath to my wife
Millisa Corbin in addition to what is bequeath to her
in my will, all land or lands, money or other description
of property I may inherit or fall heir to from any source
whatever. In testimony whereof I have hereunto set my
hand and seal this sixth day of December A.D. one
thousand eight hundred and sixty seven
Truman Corbin {Seal}
We T. M. Cole and J. H. Cole hereby certify that the above
codicil was signed by Truman Corbin in our presence as
his will and signed by us in his presence as witnesses
T. M. Cole
{ U S Stamp } J. H. Cole
{ $ 1.00 T. W. Powell }
` (Copy of testimony & record thereof)
The State of Ohio }
Delaware COunty SS }
In the matter of the last will and testament
of Truman Corbin late of Trenton Township deceased.
We, Thomas M. Cole, and Joseph H. Cole, being duly
sworn in open Court this 22nd day of April A.D. 1868,
depose and say that we were present at the execution of the
last will and testament of Truman Corbin of Trenton Town-
ship in this county hereto annexed that we saw the
said testator subscribe said will and heard him publish
and delcare the same to be his last will and testament, and
that the said testator at the time of executing the same was of full
age, and of sound mind and memory, 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. M. Cole. J. H. Cole.
Sworn to and subscribed before me this 22nd day of April 1868 T. w. Powell
P. Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 427)
Description
[page 427]
[corresponds to labeled page 395 of Will Record Vol. 4 1859 - 1869]
395
Record of the last will of Sarah Flagg Deceased.
Proceedings had before Thomas W. Powell 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 15th day May A.D. 1868
The last will and testament of Sarah Flagg late of Berlin
Township in this county was recently presented to the court for probate
and record. Thereupon Millie E. Stark and John D. VanDerman two
of the subscribing witnesses to the said will came into court and
were duly sworn and examined and their testimony reduced to
writing and filed with the will and afterward Mellville C.
Flagg and Hariet A. Flagg the two subscribing witnesses to
the Codicil annexed to the said will came into court and were
duly sworn and examined and their testimony reduced to
writing and filed with the will. And it now appearing that
to the court that the said will and codicil were duly executed
and attested and that the said testatrix at the several times of
executing the same was of full age, and of sound mind and
memory and not under any restraint - Thereupon the court upon
consideration orders that the said will and codicil of the said Sarah
Flagg now deceased be admitted to probate as duly proved as
the last will and testament of the said Sarah Flagg deceased and
ordered to be recorded as such. Thereupon Thomas P. Flagg the
Executor named in the said will is admitted as Executor and
qualified as such and gave the required bond in the sum
of $1000. with Elam A Vining and Paul Randall as his sureties
No appraisers being required Issued letters testimentary to the
said Thomas as Executor etc
T. W. Powell, Probate Judge
(Copy of the Will)
"by the permission of the Benevolent Father of all.
I Sarah Flagg being of sound mind and memory
do make and publish this my last will and testament and
hereby revoke all former wills by me made.
Item 1st I desire that all my Just debts and burial and funeral
expenses be paid out of my estate.
Item 2nd My daughter Edna P. F. Richardson has been duly cared for -
Item 3rd My son Gersham James Flagg has been duly cared for -
Also my daughter Mary E. Comer.
Item 4th I hereby give devise and bequeath unto my son
Thomas Percival Flagg whom I hereby appoint as Executor
of this my last will and testament - My Bounty Land situate
in Pottawatimi County and State of Iowa containing
one hundred and Twenty acres more or less in trust - never=
the less, and for the following uses and is to say to
sell the same for the best price possible within a reasonable
time, and to make deed or deeds to purchaser or purchasers
in fee simple without the order of court - & to sell the same at
[corresponds to labeled page 395 of Will Record Vol. 4 1859 - 1869]
395
Record of the last will of Sarah Flagg Deceased.
Proceedings had before Thomas W. Powell 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 15th day May A.D. 1868
The last will and testament of Sarah Flagg late of Berlin
Township in this county was recently presented to the court for probate
and record. Thereupon Millie E. Stark and John D. VanDerman two
of the subscribing witnesses to the said will came into court and
were duly sworn and examined and their testimony reduced to
writing and filed with the will and afterward Mellville C.
Flagg and Hariet A. Flagg the two subscribing witnesses to
the Codicil annexed to the said will came into court and were
duly sworn and examined and their testimony reduced to
writing and filed with the will. And it now appearing that
to the court that the said will and codicil were duly executed
and attested and that the said testatrix at the several times of
executing the same was of full age, and of sound mind and
memory and not under any restraint - Thereupon the court upon
consideration orders that the said will and codicil of the said Sarah
Flagg now deceased be admitted to probate as duly proved as
the last will and testament of the said Sarah Flagg deceased and
ordered to be recorded as such. Thereupon Thomas P. Flagg the
Executor named in the said will is admitted as Executor and
qualified as such and gave the required bond in the sum
of $1000. with Elam A Vining and Paul Randall as his sureties
No appraisers being required Issued letters testimentary to the
said Thomas as Executor etc
T. W. Powell, Probate Judge
(Copy of the Will)
"by the permission of the Benevolent Father of all.
I Sarah Flagg being of sound mind and memory
do make and publish this my last will and testament and
hereby revoke all former wills by me made.
Item 1st I desire that all my Just debts and burial and funeral
expenses be paid out of my estate.
Item 2nd My daughter Edna P. F. Richardson has been duly cared for -
Item 3rd My son Gersham James Flagg has been duly cared for -
Also my daughter Mary E. Comer.
Item 4th I hereby give devise and bequeath unto my son
Thomas Percival Flagg whom I hereby appoint as Executor
of this my last will and testament - My Bounty Land situate
in Pottawatimi County and State of Iowa containing
one hundred and Twenty acres more or less in trust - never=
the less, and for the following uses and is to say to
sell the same for the best price possible within a reasonable
time, and to make deed or deeds to purchaser or purchasers
in fee simple without the order of court - & to sell the same at
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 428)
Description
[page 428]
[corresponds to labeled page 396 of Will Record Vol. 4 1859 - 1869]
396
Record of the last will of Sarah Flagg Deceased
private or public sale as he may think best and the proceeds of
said sale or sales divide and distribute among my several
heirs hereinafter named, share and share alike to wit: -
To William Comer Flagg one share
To Thomas Percival Flagg one share
To Susan Comer Flagg one share
To the two children of Catherine Putnam Flagg Rood one share
To Harriet Cister Flagg daughter of G. J. Flagg one share
Item 5th My other property I give and bequeath as follows
My Bureaus, Beds, and Bedcloths, Carpet and Carpet strips
I give and bequeath to Harriet Cester Flagg.
My side saddle I give and bequeath to Eva E. Flagg.
My large Trunk I give and bequeath to Sarah Flagg
daughter of Willilam C. Flagg.
My small Trunk I give and bequeath to Sarah Jane
Flagg daughter of Gersham James Flagg.
My best warming ham I give and bequeath to Thomas
Percival Flagg.
My Family Bible I give and bequeath to William Cister
Flagg with the request that he shall read it.
My Psalm and Hymn Book I give and bequeath
to Daniel R. Flagg.
My two volumes on Congregationalism by George
Punchard I give and bequeath to Millville Comer
Flagg with the request that he read it with care
My Book "Life Thoughts" by Henry Ward Bucher
I give and bequeath to Caroline Jane Flagg
My Book "Alone" I give and bequeath to George Comer Flagg.
Item 6th My watch, which was my Dear Husband's I
bequeath to my son William Comer Flagg with the
injunction that it shall be kept in the Flagg family as
a memento of James Flagg the Father of [crossed out] my family
Item 7th My Looking glass a relic of the war of 1812 I give &
bequeath to my son Thomas Percival Flagg
Item 8th A large Pewter Platter that was my Fathers whose
name was William Comer son of George Comer and
Martha Dunnville his wife of Chilford Township Cheshire
County Old England, I give and bequeath to Harriett
Cister Flagg with the injunction to keep it in the family -
George Comer and Family and his three sons and
Two daughters and their families, all set sail at the port -
of Liverpool on the third day of April 1795 and landed
on the sixth of June 1795 at Baltimore.
Witness my hand and seal this 9th day of November
A.D. 1867.
Sarah Flagg {Seal}
The above will was signed sealed and acknowledged and
published as and for the last will and testament of the
[corresponds to labeled page 396 of Will Record Vol. 4 1859 - 1869]
396
Record of the last will of Sarah Flagg Deceased
private or public sale as he may think best and the proceeds of
said sale or sales divide and distribute among my several
heirs hereinafter named, share and share alike to wit: -
To William Comer Flagg one share
To Thomas Percival Flagg one share
To Susan Comer Flagg one share
To the two children of Catherine Putnam Flagg Rood one share
To Harriet Cister Flagg daughter of G. J. Flagg one share
Item 5th My other property I give and bequeath as follows
My Bureaus, Beds, and Bedcloths, Carpet and Carpet strips
I give and bequeath to Harriet Cester Flagg.
My side saddle I give and bequeath to Eva E. Flagg.
My large Trunk I give and bequeath to Sarah Flagg
daughter of Willilam C. Flagg.
My small Trunk I give and bequeath to Sarah Jane
Flagg daughter of Gersham James Flagg.
My best warming ham I give and bequeath to Thomas
Percival Flagg.
My Family Bible I give and bequeath to William Cister
Flagg with the request that he shall read it.
My Psalm and Hymn Book I give and bequeath
to Daniel R. Flagg.
My two volumes on Congregationalism by George
Punchard I give and bequeath to Millville Comer
Flagg with the request that he read it with care
My Book "Life Thoughts" by Henry Ward Bucher
I give and bequeath to Caroline Jane Flagg
My Book "Alone" I give and bequeath to George Comer Flagg.
Item 6th My watch, which was my Dear Husband's I
bequeath to my son William Comer Flagg with the
injunction that it shall be kept in the Flagg family as
a memento of James Flagg the Father of [crossed out] my family
Item 7th My Looking glass a relic of the war of 1812 I give &
bequeath to my son Thomas Percival Flagg
Item 8th A large Pewter Platter that was my Fathers whose
name was William Comer son of George Comer and
Martha Dunnville his wife of Chilford Township Cheshire
County Old England, I give and bequeath to Harriett
Cister Flagg with the injunction to keep it in the family -
George Comer and Family and his three sons and
Two daughters and their families, all set sail at the port -
of Liverpool on the third day of April 1795 and landed
on the sixth of June 1795 at Baltimore.
Witness my hand and seal this 9th day of November
A.D. 1867.
Sarah Flagg {Seal}
The above will was signed sealed and acknowledged and
published as and for the last will and testament of the
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 429)
Description
[page 429]
[corresponds to labeled page 397 of Will Record Vol. 4 1859 - 1869]
397
Record of the last will of Sarah Flagg Deceased
said Sarah Flagg by the said Sarah Flagg in our presence
and we at her request have signed the same in her presence
and the presence of each other
Millie E. Slack.
John D. Van Deman.
(Copy of the Codicil to the said Will)
Whereas I Sarah Flagg on the 9th day of 1867 made
my last will and testament of that date do hereby declare the
following to be a Codicil to the same. I do hereby authorize
my Administrator Thomas P. Flagg to purchase Tombstones
for my husband James Flagg.
Sarah Flagg
The above codicil was signed and sealed by said Sarah
Flagg in our presence and signed by us in her presence
this 20th day of January 1868
Millville C. Flagg
Harriett C. Flagg
(Copy of Testimony and record thereof)
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Sarah Flagg late of Berlin Township in this County
deceased.
We Millie W. Slack and John D. Van Deman being
duly sworn in open court this 30th day of April A.D. 1868
depose and say, that we were present at the execution of the
last will and testament of Sarah Flagg of Berlin Township
in this county deceased hereto annexed, that we saw the said
testatrix subscribe said will and heard her publish and
declare this 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. Millie W. Slack
J. D. Van Deman
Sworn to and subscribed before me in the Probate Court
this 30th day of April A.D. 1868
T. W. Powell
Probate Judge
The State of Ohio }
Delaware County SS } In the matter of the last will and
testament of Sarah Flagg late Berlin Township in this
county deceased. We Mellville C. Flagg and Harriett
C. Flagg being duly sworn in open court this 27th day of
[corresponds to labeled page 397 of Will Record Vol. 4 1859 - 1869]
397
Record of the last will of Sarah Flagg Deceased
said Sarah Flagg by the said Sarah Flagg in our presence
and we at her request have signed the same in her presence
and the presence of each other
Millie E. Slack.
John D. Van Deman.
(Copy of the Codicil to the said Will)
Whereas I Sarah Flagg on the 9th day of 1867 made
my last will and testament of that date do hereby declare the
following to be a Codicil to the same. I do hereby authorize
my Administrator Thomas P. Flagg to purchase Tombstones
for my husband James Flagg.
Sarah Flagg
The above codicil was signed and sealed by said Sarah
Flagg in our presence and signed by us in her presence
this 20th day of January 1868
Millville C. Flagg
Harriett C. Flagg
(Copy of Testimony and record thereof)
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Sarah Flagg late of Berlin Township in this County
deceased.
We Millie W. Slack and John D. Van Deman being
duly sworn in open court this 30th day of April A.D. 1868
depose and say, that we were present at the execution of the
last will and testament of Sarah Flagg of Berlin Township
in this county deceased hereto annexed, that we saw the said
testatrix subscribe said will and heard her publish and
declare this 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. Millie W. Slack
J. D. Van Deman
Sworn to and subscribed before me in the Probate Court
this 30th day of April A.D. 1868
T. W. Powell
Probate Judge
The State of Ohio }
Delaware County SS } In the matter of the last will and
testament of Sarah Flagg late Berlin Township in this
county deceased. We Mellville C. Flagg and Harriett
C. Flagg being duly sworn in open court this 27th day of
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 430)
Description
[page 430]
[corresponds to labeled page 398 of Will Record Vol. 4 1859 - 1869]
398
Record of the last will of Sarah Flagg Deceased
April A.D. 1868 depose and say that we were present at the
execution of the Codicil to the last will and testament of Sarah
Flagg of Berlin Township in this county hereto annexed; that
we saw the said testator subscribe said codicil to 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, 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
Mellville C. Flagg
Harriett C. Flagg
Sworn to and subscribed before me in the Probate Court this 27th
day of April A.D. 1868
T. W. Powell
Probate Judge
_______________________________
_______________________________
Record of the last Will of Gotlieb F. Albright - decd
Proceedings had before Thomas W. Powell Judge of the
Probate Court within and for the County of Delaware and
State of Ohio, at his office on the 18th day of July 1868
This day the last will and testament of Gotlieb F.
Albright late of Delaware dec'd was presented to this court
for probate and record. Thereupon came into court Charles
Wootring, and Peter T. Engard, the two subscribing witnesses
to the said will who being duly sworn and examined and their
testimony reduced to writing and placed on file annexed
to the Will; 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 on consideration thereof orders that the said will
be admitted to probate as duly proved as the last will and
Testament of the said Gotleib F. Albright - deceased, and ordered
to be recorded as such. Thereupon Frederick G. Albright
the Executor named in the will was admitted and duly qualified
as such and who gave bonds in the sum of $30,000 with
Charles Woolring, Peter T. Engard, Christian P. Albright and
Samuel J. Albright - his sureties. The Court appoint Abraham
Blymer, Charles D. Potter, and John H. Mendenhall, appraisers
of the said Estate. Letters and Papers issued
T. W. Powell,
Probate Judge
(Copy of the Will)
In the Name of the Benevolent Father of all
I Gotleib F. Albright of the town and
[corresponds to labeled page 398 of Will Record Vol. 4 1859 - 1869]
398
Record of the last will of Sarah Flagg Deceased
April A.D. 1868 depose and say that we were present at the
execution of the Codicil to the last will and testament of Sarah
Flagg of Berlin Township in this county hereto annexed; that
we saw the said testator subscribe said codicil to 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, 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
Mellville C. Flagg
Harriett C. Flagg
Sworn to and subscribed before me in the Probate Court this 27th
day of April A.D. 1868
T. W. Powell
Probate Judge
_______________________________
_______________________________
Record of the last Will of Gotlieb F. Albright - decd
Proceedings had before Thomas W. Powell Judge of the
Probate Court within and for the County of Delaware and
State of Ohio, at his office on the 18th day of July 1868
This day the last will and testament of Gotlieb F.
Albright late of Delaware dec'd was presented to this court
for probate and record. Thereupon came into court Charles
Wootring, and Peter T. Engard, the two subscribing witnesses
to the said will who being duly sworn and examined and their
testimony reduced to writing and placed on file annexed
to the Will; 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 on consideration thereof orders that the said will
be admitted to probate as duly proved as the last will and
Testament of the said Gotleib F. Albright - deceased, and ordered
to be recorded as such. Thereupon Frederick G. Albright
the Executor named in the will was admitted and duly qualified
as such and who gave bonds in the sum of $30,000 with
Charles Woolring, Peter T. Engard, Christian P. Albright and
Samuel J. Albright - his sureties. The Court appoint Abraham
Blymer, Charles D. Potter, and John H. Mendenhall, appraisers
of the said Estate. Letters and Papers issued
T. W. Powell,
Probate Judge
(Copy of the Will)
In the Name of the Benevolent Father of all
I Gotleib F. Albright of the town and
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 431)
Description
[page 431]
[corresponds to labeled page 399 of Will Record Vol. 4 1859 - 1869]
399
Record of the last Will of Gotlieb F. Albright, deceased
county of Delaware Ohio, do make and publish this my last will
and testament -
Item 1st It is my will and desire and I so direct that my
Executor hereinafter appointed immediately after my decease
proceed to pay out of my personal property all my Just
debts and funeral expenses.
Iten 2d I give and devise to my daughter Rosana Plotner
the sum of one thousand dollars to be paid to her by in
money by my Executor, and which sum of one thousand
dollars I direct to be paid to her within Twelve months
after my decease
Item 3d I give and devise to my daughter Gottiwan
E. Reicherts the sum of one thousand dollars to be paid
to her in money by my Executor, and which sum of
one thousand dollars I direct to be paid to her within
twelve months after my decease.
Item 3d I give bequeath and devise to my beloved wife
in lieu of her dower the house and lot in South Delaware
Delaware County Ohio known as the Reeder property, being
the north third parts of In lots Old numbers 94 & 95 in Milo
D. Pettibone's addition to the town. New numbers 317 & 318 -
same property deeded to me by deed bearing date
February 25th 1863 signed by said Reeder and wife - the
said property is hereby devised to my said wife Lydia
Albright and her heirs and assigns forever.
And I further direct my said Executor to invest
in a perfectly safe manner in Bonds or Mortgages or real
Estate in Delaware County the sum of Two thousand dollars
in money during the natural life of my said wife, and
I give and bequeath to her during her natural life the
interest of said Two thousand dollars and which said
interest is to be paid to her in installment at the end of every
three month time commencing at my decease and as above
stated said interest is to be paid to her during her natural life
and my said Executor is to be responsible for the safety of the
investment and payment of the interest as above during the
term of his Executorship and after that shall cease said
Frederick G Albright shall hold and invest said sum of
Two thousand dollars as trustee during the natural life of
said Lydia Albright, and at her death said Two thousand
dollars is hereby devised and given to my sons Christian
P. Frederick G and Samuel J. Albright share and share
alike.
Item 4th I do hereby give devise and bequeath all the
residue of my Estate both real and personal to my said
sons Christian P. Frederick G and Samuel J Albright above
named their heirs and assigns forever. It is however
[corresponds to labeled page 399 of Will Record Vol. 4 1859 - 1869]
399
Record of the last Will of Gotlieb F. Albright, deceased
county of Delaware Ohio, do make and publish this my last will
and testament -
Item 1st It is my will and desire and I so direct that my
Executor hereinafter appointed immediately after my decease
proceed to pay out of my personal property all my Just
debts and funeral expenses.
Iten 2d I give and devise to my daughter Rosana Plotner
the sum of one thousand dollars to be paid to her by in
money by my Executor, and which sum of one thousand
dollars I direct to be paid to her within Twelve months
after my decease
Item 3d I give and devise to my daughter Gottiwan
E. Reicherts the sum of one thousand dollars to be paid
to her in money by my Executor, and which sum of
one thousand dollars I direct to be paid to her within
twelve months after my decease.
Item 3d I give bequeath and devise to my beloved wife
in lieu of her dower the house and lot in South Delaware
Delaware County Ohio known as the Reeder property, being
the north third parts of In lots Old numbers 94 & 95 in Milo
D. Pettibone's addition to the town. New numbers 317 & 318 -
same property deeded to me by deed bearing date
February 25th 1863 signed by said Reeder and wife - the
said property is hereby devised to my said wife Lydia
Albright and her heirs and assigns forever.
And I further direct my said Executor to invest
in a perfectly safe manner in Bonds or Mortgages or real
Estate in Delaware County the sum of Two thousand dollars
in money during the natural life of my said wife, and
I give and bequeath to her during her natural life the
interest of said Two thousand dollars and which said
interest is to be paid to her in installment at the end of every
three month time commencing at my decease and as above
stated said interest is to be paid to her during her natural life
and my said Executor is to be responsible for the safety of the
investment and payment of the interest as above during the
term of his Executorship and after that shall cease said
Frederick G Albright shall hold and invest said sum of
Two thousand dollars as trustee during the natural life of
said Lydia Albright, and at her death said Two thousand
dollars is hereby devised and given to my sons Christian
P. Frederick G and Samuel J. Albright share and share
alike.
Item 4th I do hereby give devise and bequeath all the
residue of my Estate both real and personal to my said
sons Christian P. Frederick G and Samuel J Albright above
named their heirs and assigns forever. It is however
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 432)
Description
[page 432]
[corresponds to labeled page 400 of Will Record Vol. 4 1859 - 1869]
400
Record of the last will of Gotleib F Albright decd
* should be A Swick as per original
deed now on file in this office
F B Sprague
Probate Judge
My will and desire and I so direct that in dividing the property devised
in this item to my said sons that Christian P shall have the
farm on which he now resides (deeded to me by * A Smith &
his wife March 7th 1867) for and at the same rate I paid
for the same so that he may have the benefit of his
improvements and of rise in the value of said land.
with this qualification it being my will and desire that
my said sons shall share said property or the proceeds
thereof share and share alike.
Item 5th I do hereby nominate and appoint my son
Frederick G. Albright Executor of this my last said will and
testament hereby authorizing and empowering and direct=
ing him to sell by private sale or otherwise or in such
manner upon such terms of credit or otherwise, as he may
think best all or any part of my real Estate (except that
devised to my said wife, and that devised as therein=
before stated to my son Christian P Albright) and deeds
& purchases to execute acknowledge and deliver fee simple
That said Executor shall sell and dispose of said real estate as
above as soon after my decease as he reasonably can, and
collect and convert into money all my personal property as
soon as he can after my decease and pay over the proceeds as
hereinbefore directed. I do hereby revoke all former wills by
me made. In testimony whereof I have hereunto set my
hand and seal this 20th day of March A.D. 1868
Gotleib F. Albright {Seal}
Signed and acknowledged by said Gotleib F. Albright as
his last will and testament in our presence, and signed by
us in his presence.
Charles Wottring
{ U. S. Stamp } P. T. Engard
{ $9.50 T. W. P. }
The State of Ohio, }
Delaware County SS. } In the matter of the last will and testament
of Gotleib F. Albright late of Delaware deceased.
We Charles Wootring and Peter T. Engard being duly sworn
in open court this 13th day of July A.D. 1868 depose and say,
that we were present at the execution of the last will and
testament of Gotleib F. Albright of Delaware, Ohio, 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 making 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 Charles Wottring
P. T. Engard
Sworn to and subscribed before me this 13th
day of July A.D. 1868 T. W. Powell
Pro Judge
[corresponds to labeled page 400 of Will Record Vol. 4 1859 - 1869]
400
Record of the last will of Gotleib F Albright decd
* should be A Swick as per original
deed now on file in this office
F B Sprague
Probate Judge
My will and desire and I so direct that in dividing the property devised
in this item to my said sons that Christian P shall have the
farm on which he now resides (deeded to me by * A Smith &
his wife March 7th 1867) for and at the same rate I paid
for the same so that he may have the benefit of his
improvements and of rise in the value of said land.
with this qualification it being my will and desire that
my said sons shall share said property or the proceeds
thereof share and share alike.
Item 5th I do hereby nominate and appoint my son
Frederick G. Albright Executor of this my last said will and
testament hereby authorizing and empowering and direct=
ing him to sell by private sale or otherwise or in such
manner upon such terms of credit or otherwise, as he may
think best all or any part of my real Estate (except that
devised to my said wife, and that devised as therein=
before stated to my son Christian P Albright) and deeds
& purchases to execute acknowledge and deliver fee simple
That said Executor shall sell and dispose of said real estate as
above as soon after my decease as he reasonably can, and
collect and convert into money all my personal property as
soon as he can after my decease and pay over the proceeds as
hereinbefore directed. I do hereby revoke all former wills by
me made. In testimony whereof I have hereunto set my
hand and seal this 20th day of March A.D. 1868
Gotleib F. Albright {Seal}
Signed and acknowledged by said Gotleib F. Albright as
his last will and testament in our presence, and signed by
us in his presence.
Charles Wottring
{ U. S. Stamp } P. T. Engard
{ $9.50 T. W. P. }
The State of Ohio, }
Delaware County SS. } In the matter of the last will and testament
of Gotleib F. Albright late of Delaware deceased.
We Charles Wootring and Peter T. Engard being duly sworn
in open court this 13th day of July A.D. 1868 depose and say,
that we were present at the execution of the last will and
testament of Gotleib F. Albright of Delaware, Ohio, 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 making 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 Charles Wottring
P. T. Engard
Sworn to and subscribed before me this 13th
day of July A.D. 1868 T. W. Powell
Pro Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 433)
Description
[page 433]
[corresponds to labeled page 40l of Will Record Vol. 4 1859 - 1869]
401
Record of the last will of Patrick Barnwell 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 Delaware O.
The following is a record of the Journal entry to wit
September 5th 1868
Will and estate of Patrick Barnwell of Berlin Township decd
This day the last will and testament of Patrick Barnwell late of Berlin
Township decd. was presented for probate and record and thereupon Stiles R.
Nettleton and John J. Loop the two subscribing witnesses to the said will
came into court and were duly sworn and examined and their tes-
=timony reduced to writing, annexed to the will and filed therewith, and
it thereupon appearing to the court that the said will was duly execu-
=ted 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 restraints, Thereupon the court upon consideration orders that the
said will be admitted to probate, and duly proved as the last will and
testament of said Patrick Barnwell and ordered to be recorded as such.
Thereupon Julia Barnwell the widow appeared and was appointed
administratrix with the will annexed, who gave bonds in the sum of
$1000. with Patrick Brodrick, Martin Henry, and Patrick Murphy,
as her sureties, Court appoint Nelson Leonard, Patrick Shanahan
and John Ryan appraisers of said estate (letters etc issued).
Thereupon the said Julia Barnwell, widow aforesaid upon being
fully informed of the contents of the will and fully understanding
her interest under the will and by law in case she did not elect
to take under the will, On consideration thereof the said widow
declared that it was her choice and election to take under the said will
according to the terms thereof ~
T. W. Powell Probate Judge
The following is a copy of the will
In the name of God the benevolent father of all, I, Patrick
Barnwell of the Township Berlin County of Delaware and State of
Ohio, being of sound mind and memory do make and publish this my
last will and testament.
In the first place I wish my wife Julia to retain her dower in
all my Real Estate so long as she remains my widow only. In the
event of her marrying I wish all her right and title of dower in any
of my Real Estate or personal property then to cease and I wish my
Son Michael when he becomes twenty one years of age to own all the
Real Estate I now possess it being the farm of seventy one and
one Half acres upon which I now reside. I wish my son Michael
to work the place and to use the proceeds of the place in supporting
the rest of the family and any money that can be saved to be put
out at interest and well secured, to be used when my daughters come
[corresponds to labeled page 40l of Will Record Vol. 4 1859 - 1869]
401
Record of the last will of Patrick Barnwell 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 Delaware O.
The following is a record of the Journal entry to wit
September 5th 1868
Will and estate of Patrick Barnwell of Berlin Township decd
This day the last will and testament of Patrick Barnwell late of Berlin
Township decd. was presented for probate and record and thereupon Stiles R.
Nettleton and John J. Loop the two subscribing witnesses to the said will
came into court and were duly sworn and examined and their tes-
=timony reduced to writing, annexed to the will and filed therewith, and
it thereupon appearing to the court that the said will was duly execu-
=ted 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 restraints, Thereupon the court upon consideration orders that the
said will be admitted to probate, and duly proved as the last will and
testament of said Patrick Barnwell and ordered to be recorded as such.
Thereupon Julia Barnwell the widow appeared and was appointed
administratrix with the will annexed, who gave bonds in the sum of
$1000. with Patrick Brodrick, Martin Henry, and Patrick Murphy,
as her sureties, Court appoint Nelson Leonard, Patrick Shanahan
and John Ryan appraisers of said estate (letters etc issued).
Thereupon the said Julia Barnwell, widow aforesaid upon being
fully informed of the contents of the will and fully understanding
her interest under the will and by law in case she did not elect
to take under the will, On consideration thereof the said widow
declared that it was her choice and election to take under the said will
according to the terms thereof ~
T. W. Powell Probate Judge
The following is a copy of the will
In the name of God the benevolent father of all, I, Patrick
Barnwell of the Township Berlin County of Delaware and State of
Ohio, being of sound mind and memory do make and publish this my
last will and testament.
In the first place I wish my wife Julia to retain her dower in
all my Real Estate so long as she remains my widow only. In the
event of her marrying I wish all her right and title of dower in any
of my Real Estate or personal property then to cease and I wish my
Son Michael when he becomes twenty one years of age to own all the
Real Estate I now possess it being the farm of seventy one and
one Half acres upon which I now reside. I wish my son Michael
to work the place and to use the proceeds of the place in supporting
the rest of the family and any money that can be saved to be put
out at interest and well secured, to be used when my daughters come
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 434)
Description
[page 434]
[corresponds to labeled page 402 of Will Rercord Vol. 4 1859 - 1869]
402
Record of last will and testament of Patrick Barnwell decd
of age in paying them the several amounts herein mentioned
I wish Daniel Scott of Berlin Delaware County Ohio and
William Sweeney of said Township County and State to act as and
to be the guardians for my children viz. my son Michael, my
Daughters Kate, Anne and Margaret. It is my wish further
that as each of my daughters mentioned above shall become of age
I. E. Eighteen years of age shall receive as their share of all my real
and personal property, whatever may be its value at such time as
they shall become of age, the sum of three hundred dollars in money
each. that is my Daughter - Kate will receive three hundred dollars
my Daughter Ann will receive three hundred dollars and my daug-
-hter Margaret will receive three hundred dollars
This amount I wish to be paid to each of my daughters as
above mentioned by my son Michael out of money that may at the
time of their majority have accumulated from the real and personal
property that I now own and possess, if there shall be a sufficient
amount so to do, if not then my said son Michael to raise the money by
mortgageing the Real Estate if necessary.
In fact I give and bequeath to my son Michael when he shall
arrive at the age of twenty one years the farm of seventy one and a half
acres of Land upon which I now reside. I give and bequeath to my
Daughters Kate, Anne and Margaret the sum of three hundred dollars
each to be paid at their majority as mentioned herein.
In the event of either of my said Daughters shall die before both
or either of my other Daughters shall have reached their majority then
and in that case the other two are to share equally the amount of
money that she would have received at her majority had she lived.
If two of them should die before the other should have reached
her majority then the surviving one to receive the share of both the others
or the amount they would have received had they lived. In the event
that my son Michael should die before he should have reached his
majority then each of the Daughters then living to share equally
all my Real and Personal property. In the event of my son Michael
dying before his majority I wish my wife Julia to conduct the farm
under the direction and advisement of the Guardians herein ment-
=ioned. that is so long as she shall remain my widow and in event
of my son Michaels death previous to his majority, and my wife Julia
should be my widow at the time all or either of my said Daughters should
reach their majority then the money to be then paid to my said Dau-
=ghters to be paid as before said from any money then on hand or else
to be raised from the Real Estate as security
Patrick Barnwell { Seal }
Orange Township
Delaware County Ohio
June 11th 1860
Signed and sealed in presence of
Stiles R. Nettleton
John J. Loop
[corresponds to labeled page 402 of Will Rercord Vol. 4 1859 - 1869]
402
Record of last will and testament of Patrick Barnwell decd
of age in paying them the several amounts herein mentioned
I wish Daniel Scott of Berlin Delaware County Ohio and
William Sweeney of said Township County and State to act as and
to be the guardians for my children viz. my son Michael, my
Daughters Kate, Anne and Margaret. It is my wish further
that as each of my daughters mentioned above shall become of age
I. E. Eighteen years of age shall receive as their share of all my real
and personal property, whatever may be its value at such time as
they shall become of age, the sum of three hundred dollars in money
each. that is my Daughter - Kate will receive three hundred dollars
my Daughter Ann will receive three hundred dollars and my daug-
-hter Margaret will receive three hundred dollars
This amount I wish to be paid to each of my daughters as
above mentioned by my son Michael out of money that may at the
time of their majority have accumulated from the real and personal
property that I now own and possess, if there shall be a sufficient
amount so to do, if not then my said son Michael to raise the money by
mortgageing the Real Estate if necessary.
In fact I give and bequeath to my son Michael when he shall
arrive at the age of twenty one years the farm of seventy one and a half
acres of Land upon which I now reside. I give and bequeath to my
Daughters Kate, Anne and Margaret the sum of three hundred dollars
each to be paid at their majority as mentioned herein.
In the event of either of my said Daughters shall die before both
or either of my other Daughters shall have reached their majority then
and in that case the other two are to share equally the amount of
money that she would have received at her majority had she lived.
If two of them should die before the other should have reached
her majority then the surviving one to receive the share of both the others
or the amount they would have received had they lived. In the event
that my son Michael should die before he should have reached his
majority then each of the Daughters then living to share equally
all my Real and Personal property. In the event of my son Michael
dying before his majority I wish my wife Julia to conduct the farm
under the direction and advisement of the Guardians herein ment-
=ioned. that is so long as she shall remain my widow and in event
of my son Michaels death previous to his majority, and my wife Julia
should be my widow at the time all or either of my said Daughters should
reach their majority then the money to be then paid to my said Dau-
=ghters to be paid as before said from any money then on hand or else
to be raised from the Real Estate as security
Patrick Barnwell { Seal }
Orange Township
Delaware County Ohio
June 11th 1860
Signed and sealed in presence of
Stiles R. Nettleton
John J. Loop
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 435)
Description
[page 435]
[corresponds to labeled page 403 of Will Record Vol. 4 1859 - 1869]
403
Record of the last will and testament of Patrick Barnwell decd
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of Patrick Barnwell
late of Berlin Township Decd.
We Stiles R. Nettleton and John J. Loop being duly
sworn in open court this 5th day of September A.D. 1868 depose and
say that we were present at the execution of the last will and testament
of Patrick Barnwell Decd 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
Silas R. Nettleton
John J. Loop
Sworn to and subscribed before me in the Probate Court this the 5th day
Day of September A.D. 1868 T. W. Powell Probate Judge
_______________________________________________________________________________
Record of the last will of William Gaston Deceased
Proceedings had before Thomas W. Powell Judge of the Probate Court in
and for Delaware County Ohio at his office in Delaware Delaware
County Ohio
The following is a copy of the Journal record to wit.
September 26th 1868
Will and estate of William Gaston Decd.
This day the last will and testament of William Gaston Decd.
was presented in Court for Probate and record. Thereupon John Potter and
Robert Ferguson the two subscribing witnesses to the said will came into
Court and were Duly Sworn and examined and their testimony reduced to
writing 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 upon consideration it is
ordered that the Said will be admitted to Probate as Duly proved as the
last will and testament of said William Gaston Decd. and ordered that
the same be recorded as such
Thereupon letters testamentary were issued to William H.
Maxwell, the executor named in the said will, who accepted the same
and gave bonds in the sum of $10,000 with John Potter Josiah Lott
and Reuben P. McCammon as his sureties. The Court appointed Robt.
Ferguson Joseph Potter and Nelson Taylor appraisers for
[corresponds to labeled page 403 of Will Record Vol. 4 1859 - 1869]
403
Record of the last will and testament of Patrick Barnwell decd
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of Patrick Barnwell
late of Berlin Township Decd.
We Stiles R. Nettleton and John J. Loop being duly
sworn in open court this 5th day of September A.D. 1868 depose and
say that we were present at the execution of the last will and testament
of Patrick Barnwell Decd 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
Silas R. Nettleton
John J. Loop
Sworn to and subscribed before me in the Probate Court this the 5th day
Day of September A.D. 1868 T. W. Powell Probate Judge
_______________________________________________________________________________
Record of the last will of William Gaston Deceased
Proceedings had before Thomas W. Powell Judge of the Probate Court in
and for Delaware County Ohio at his office in Delaware Delaware
County Ohio
The following is a copy of the Journal record to wit.
September 26th 1868
Will and estate of William Gaston Decd.
This day the last will and testament of William Gaston Decd.
was presented in Court for Probate and record. Thereupon John Potter and
Robert Ferguson the two subscribing witnesses to the said will came into
Court and were Duly Sworn and examined and their testimony reduced to
writing 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 upon consideration it is
ordered that the Said will be admitted to Probate as Duly proved as the
last will and testament of said William Gaston Decd. and ordered that
the same be recorded as such
Thereupon letters testamentary were issued to William H.
Maxwell, the executor named in the said will, who accepted the same
and gave bonds in the sum of $10,000 with John Potter Josiah Lott
and Reuben P. McCammon as his sureties. The Court appointed Robt.
Ferguson Joseph Potter and Nelson Taylor appraisers for
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 436)
Description
[page 436]
[corresponds to labeled page 404 of Will Record Vol. 4 1859 - 1869]
404
Record of the last will of William Gaston Deceased
said estate (Letters etc issued)
T. W. Powell Probate Judge
Copy of the will -
Know all men by these present that I William Gaston of the Cou-
-nty of Delaware and State of Ohio, being weak in body but of sound
mind and memory blessed be God for the same 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 it is my will that all my estate real and personal be sold as soon
as convenient after my Decease except ten head of sheep which I give
and bequeath to my son James H. Gaston and one rifle gun which I
give and bequeath to my grandson Eugene Magoon son of my Daughter
Jane Magoon Deceased and the residue First I give and bequeath to
my beloved wife Dorothy one hundred and fifty dollars for a years
maintainence and on the settlement of the estate the further sum of
two thousand dollars subject to her own absolute control. And
Secondly I give and bequeath to the surviving heirs of my Daughter Polly
Finch Decd. the sum of four hundred dollars to be equally divided
between them. And all the residue after paying my funeral and other
necessary expenses, I give and bequeath to the following persons to be
equally divided between them. Viz. my Daughter Rosanna Gillett my
son Samuel David Gaston my Daughters Harriet N. Gaston and Margaret
Ann Baker and my son James H. Gaston and my grandson Eugene Magoon
son of my Daughter Jane Magoon Decd.
And last I nominate constitute and appoint my Friend William
F. Maxwell my executor to carry out and execute the foregoing will and
testament
In testimony whereof I the said William Gaston have hereunto
set my hand and seal this twenty fourth day of June in the year of our
Lord one thousand eight hundred and sixty eight.
William Gaston {Seal }
Signed sealed and acknowledged }
In the presence of }
John Potter }
Robert Ferguson }
The State of Ohio Delaware Co. S.S.
In the matter of the last will and testament of William Gaston
late of Kingston Township Decd. We John Potter and Robert Ferguson being
duly sworn in open court this twenty sixth day of September A.D. 1868
depose and say that we were present at the execution of the last will and test=
tament of William Gaston 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 sound mind and memory
[corresponds to labeled page 404 of Will Record Vol. 4 1859 - 1869]
404
Record of the last will of William Gaston Deceased
said estate (Letters etc issued)
T. W. Powell Probate Judge
Copy of the will -
Know all men by these present that I William Gaston of the Cou-
-nty of Delaware and State of Ohio, being weak in body but of sound
mind and memory blessed be God for the same 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 it is my will that all my estate real and personal be sold as soon
as convenient after my Decease except ten head of sheep which I give
and bequeath to my son James H. Gaston and one rifle gun which I
give and bequeath to my grandson Eugene Magoon son of my Daughter
Jane Magoon Deceased and the residue First I give and bequeath to
my beloved wife Dorothy one hundred and fifty dollars for a years
maintainence and on the settlement of the estate the further sum of
two thousand dollars subject to her own absolute control. And
Secondly I give and bequeath to the surviving heirs of my Daughter Polly
Finch Decd. the sum of four hundred dollars to be equally divided
between them. And all the residue after paying my funeral and other
necessary expenses, I give and bequeath to the following persons to be
equally divided between them. Viz. my Daughter Rosanna Gillett my
son Samuel David Gaston my Daughters Harriet N. Gaston and Margaret
Ann Baker and my son James H. Gaston and my grandson Eugene Magoon
son of my Daughter Jane Magoon Decd.
And last I nominate constitute and appoint my Friend William
F. Maxwell my executor to carry out and execute the foregoing will and
testament
In testimony whereof I the said William Gaston have hereunto
set my hand and seal this twenty fourth day of June in the year of our
Lord one thousand eight hundred and sixty eight.
William Gaston {Seal }
Signed sealed and acknowledged }
In the presence of }
John Potter }
Robert Ferguson }
The State of Ohio Delaware Co. S.S.
In the matter of the last will and testament of William Gaston
late of Kingston Township Decd. We John Potter and Robert Ferguson being
duly sworn in open court this twenty sixth day of September A.D. 1868
depose and say that we were present at the execution of the last will and test=
tament of William Gaston 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 sound mind and memory
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 437)
Description
[page 437]
[corresponds to labeled page 405 of Will Record Vol. 4 1859 - 1869]
405
Record of the last will of William Gaston Decd.
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 Potter
Robt Ferguson
Sworn and Subscribed before me in the Probate Court this 26th day
of September A.D. 1868
T. W. Powell Probate Judge
_________________________________________________________________________
Record of the last will of James Eaton Deceased
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 Delaware
Ohio
The following is a copy of the Journal record to wit.
August 10th 1868
Will and estate of James Eaton Deceased
This day the last will and testament of James Eaton Decd was presented
for Probate and record. Thereupon Manly D. Covill and Lyman S. Covill
the witnesses for the said will came into court and were Duly sworn and ex-
amined 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 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 James Eaton Deceased and ordered to be recorded as such
Thereupon Mrs. Eaton the widow, Declines to act as one of the executors
and requested letters to Henry J. Eaton the other executor named in the will
Thereupon letters testamentary were issued to the said Henry J. Eaton named
in the will who gave bonds in the sum of $2000 with Morris Cadwallader
Betsey B. Eaton and Augustus A. Welsh as his sureties (no appraisers)
(Letters issued etc)
T. W. Powell Probate Judge
Copy of the Will
Last will and testament of James Eaton
I James Eaton of Delaware Delaware County State of Ohio being of
sound and disposing mind and memory and understanding do make publish and declare and with
my own hand write this to be my last will and testament (never having
made any last will or testament before)
1st My will is first - that my funeral expenses and all my just debts
shall
be paid by my executors hereinafer named
2nd I give and bequeath to my son Henry J. Eaton my compass and all
[corresponds to labeled page 405 of Will Record Vol. 4 1859 - 1869]
405
Record of the last will of William Gaston Decd.
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 Potter
Robt Ferguson
Sworn and Subscribed before me in the Probate Court this 26th day
of September A.D. 1868
T. W. Powell Probate Judge
_________________________________________________________________________
Record of the last will of James Eaton Deceased
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 Delaware
Ohio
The following is a copy of the Journal record to wit.
August 10th 1868
Will and estate of James Eaton Deceased
This day the last will and testament of James Eaton Decd was presented
for Probate and record. Thereupon Manly D. Covill and Lyman S. Covill
the witnesses for the said will came into court and were Duly sworn and ex-
amined 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 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 James Eaton Deceased and ordered to be recorded as such
Thereupon Mrs. Eaton the widow, Declines to act as one of the executors
and requested letters to Henry J. Eaton the other executor named in the will
Thereupon letters testamentary were issued to the said Henry J. Eaton named
in the will who gave bonds in the sum of $2000 with Morris Cadwallader
Betsey B. Eaton and Augustus A. Welsh as his sureties (no appraisers)
(Letters issued etc)
T. W. Powell Probate Judge
Copy of the Will
Last will and testament of James Eaton
I James Eaton of Delaware Delaware County State of Ohio being of
sound and disposing mind and memory and understanding do make publish and declare and with
my own hand write this to be my last will and testament (never having
made any last will or testament before)
1st My will is first - that my funeral expenses and all my just debts
shall
be paid by my executors hereinafer named
2nd I give and bequeath to my son Henry J. Eaton my compass and all
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 438)
Description
[page 438]
[corresponds to labeled page 406 of Will Record Vol. 4 1859 - 1869]
406
Record of the last will of James Eaton Deceased
my Surveying instruments together with all the files of original plats or sur=
=veys and all plats of towns and books or files of field notes and all
papers connected with my surveying department (excepting file of finished
plats which are to be delivered when called for or opportunity offers, to the
respective owners of the land or lots in said finished plats described. It
being my desire and wish however, that if my son Geo. C. Eaton should ever
return to Delaware County State of Ohio to settle and practice surveying
that he George C. Eaton have full and free access to all said plats field
notes or other papers connected with my said department of surveying free of
charge or expense. It being my intention and understanding that the bequest
is not to be considered or charged to either of my said sons as a part of the
distribution of my estate either personal or real.
3rd The rest of all my estate after paying my funeral expenses
all just debts & expenses attending the execution of this my last will and the admin=
istration of my estate. I give devise and bequeath to my beloved wife & companion Betsey P.
Eaton both personal real and mixed to her own use and disposal during
her natural life for her support comfort and maintainence leaving it at
her option and will to dispose of any part thereof to any or all our dear chil=
dred hereinafter named in her lifetime taking their receipt therefor as a part of
their portion of my said estate when my dear companion shall cease to want or
use it: - and after the decease of my said companion, -
It is my will that the residue of all my property both real and personal
be equally divided between my three beloved children viz. my beloved sons George
C. Eaton and Henry J. Eaton and my beloved daughter Laura A. O'Kane wife
of Julius C. O'Kane. And for the purpose of having my estate settled in a
proper manner and to the best advantage, I hereby authorize and empower
my executors hereinafter named either for the purpose of paying my debts
for the use and benefit of my beloved wife and companion or for final dis=
tribution to sell or dispose of any or all my personal property or to sell and
convey any or all of my Real Estate without appraisment either by public
or private sale and in the probate of this my last will and testament, it
is my wish that my said executors hereinafter named be not required to make
or have made any appraisement of my personal or Real Estate, I having full
confidence in them that they will execute this my last will and testament in
a proper and equitable manner and to the satisfaction of my said companion
and children.
I do hereby nominate and appoint my beloved wife Betsey P. Eaton
and Henry J. Eaton my son executors of this my last will and testament
hereby authorizing and empowering them to settle my Estate and the execu-
tion and probate of this my last will and testament and disposing of my
said estate without appraisment or inventory as hereinbefore stated.
In testimony whereof I the said James Eaton have hereunto
subscribed my name and affixed my seal this twenty third day of February
A.D. 1859
Signed Sealed and Declared by the
James Eaton {Seal}
said James Eaton to be his last will
& testament in presence of us who at his request
& in his presence have subscribed our names
as witnesses
hereto in presence of each other
L.S. Covill
S.M. Little
M.D. Covill
[corresponds to labeled page 406 of Will Record Vol. 4 1859 - 1869]
406
Record of the last will of James Eaton Deceased
my Surveying instruments together with all the files of original plats or sur=
=veys and all plats of towns and books or files of field notes and all
papers connected with my surveying department (excepting file of finished
plats which are to be delivered when called for or opportunity offers, to the
respective owners of the land or lots in said finished plats described. It
being my desire and wish however, that if my son Geo. C. Eaton should ever
return to Delaware County State of Ohio to settle and practice surveying
that he George C. Eaton have full and free access to all said plats field
notes or other papers connected with my said department of surveying free of
charge or expense. It being my intention and understanding that the bequest
is not to be considered or charged to either of my said sons as a part of the
distribution of my estate either personal or real.
3rd The rest of all my estate after paying my funeral expenses
all just debts & expenses attending the execution of this my last will and the admin=
istration of my estate. I give devise and bequeath to my beloved wife & companion Betsey P.
Eaton both personal real and mixed to her own use and disposal during
her natural life for her support comfort and maintainence leaving it at
her option and will to dispose of any part thereof to any or all our dear chil=
dred hereinafter named in her lifetime taking their receipt therefor as a part of
their portion of my said estate when my dear companion shall cease to want or
use it: - and after the decease of my said companion, -
It is my will that the residue of all my property both real and personal
be equally divided between my three beloved children viz. my beloved sons George
C. Eaton and Henry J. Eaton and my beloved daughter Laura A. O'Kane wife
of Julius C. O'Kane. And for the purpose of having my estate settled in a
proper manner and to the best advantage, I hereby authorize and empower
my executors hereinafter named either for the purpose of paying my debts
for the use and benefit of my beloved wife and companion or for final dis=
tribution to sell or dispose of any or all my personal property or to sell and
convey any or all of my Real Estate without appraisment either by public
or private sale and in the probate of this my last will and testament, it
is my wish that my said executors hereinafter named be not required to make
or have made any appraisement of my personal or Real Estate, I having full
confidence in them that they will execute this my last will and testament in
a proper and equitable manner and to the satisfaction of my said companion
and children.
I do hereby nominate and appoint my beloved wife Betsey P. Eaton
and Henry J. Eaton my son executors of this my last will and testament
hereby authorizing and empowering them to settle my Estate and the execu-
tion and probate of this my last will and testament and disposing of my
said estate without appraisment or inventory as hereinbefore stated.
In testimony whereof I the said James Eaton have hereunto
subscribed my name and affixed my seal this twenty third day of February
A.D. 1859
Signed Sealed and Declared by the
James Eaton {Seal}
said James Eaton to be his last will
& testament in presence of us who at his request
& in his presence have subscribed our names
as witnesses
hereto in presence of each other
L.S. Covill
S.M. Little
M.D. Covill
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 439)
Description
[page 439]
[corresponds to labeled page 407 of Will Record Vol. 4 1859 - 1969]
407
Record of the last will of James Eaton Deceased
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of James Eaton
late of Delaware Deceased We Manly D. Covill and Manly S. Covill
being duly sworn in open court this 10th day of August A.D. 1868 depose
and say that we were present at the execution of the last will and tes=
tament of James Eaton of Delaware Ohio 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
Manly D. Covill
L. S. Covill
Sworn to and subscribed before me in the Probate Court this
10th day of August A.D. 1868.
T. W. Powell Probate Judge
___________________________________________________________________
Record of the last will and testament of * Thomas W. Benton
This will has
the name of Thomas
Benton in the
body of it but is
signed Edward W.
Benton.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for Delaware County and State of Ohio at his office
at Delaware Ohio.
The following is a copy of the Journal record to wit.
August 29th 1869
Will and estate of Edward W. Benton Decd.
The last will and testament of Edward W. Benton late of Scioto Township
in this county Decd. having been deposited in this office for probate and record
and on the 17th day of this present month Joseph Mangans and Sarah Mangans
the two subscribing witnesses to the said will personally appeared in Court
and were duly sworn and examined and their testimony reduced to writing
and annexed to the will and filed therewith and now upon consideration the
court finds that the said will was duly executed and attested and that the
testator at the time of making the same was of sound mind and memory and
not under any restraint, thereupon the Court upon consideration orders that
the said will be admitted to probate as duly proved to be the last will and
testament of said Edward W. Benton Decd and ordered to be recorded
as such
Thereupon Michael C. Bean the executor named in the will appeared
and accepted the his appointment and gave bonds in the sum of $3000 with
Benjamin Turney and Martin Mangans as his sureties, and received his
letters testamentary. The Court appointed William Colhoun George
[corresponds to labeled page 407 of Will Record Vol. 4 1859 - 1969]
407
Record of the last will of James Eaton Deceased
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of James Eaton
late of Delaware Deceased We Manly D. Covill and Manly S. Covill
being duly sworn in open court this 10th day of August A.D. 1868 depose
and say that we were present at the execution of the last will and tes=
tament of James Eaton of Delaware Ohio 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
Manly D. Covill
L. S. Covill
Sworn to and subscribed before me in the Probate Court this
10th day of August A.D. 1868.
T. W. Powell Probate Judge
___________________________________________________________________
Record of the last will and testament of * Thomas W. Benton
This will has
the name of Thomas
Benton in the
body of it but is
signed Edward W.
Benton.
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for Delaware County and State of Ohio at his office
at Delaware Ohio.
The following is a copy of the Journal record to wit.
August 29th 1869
Will and estate of Edward W. Benton Decd.
The last will and testament of Edward W. Benton late of Scioto Township
in this county Decd. having been deposited in this office for probate and record
and on the 17th day of this present month Joseph Mangans and Sarah Mangans
the two subscribing witnesses to the said will personally appeared in Court
and were duly sworn and examined and their testimony reduced to writing
and annexed to the will and filed therewith and now upon consideration the
court finds that the said will was duly executed and attested and that the
testator at the time of making the same was of sound mind and memory and
not under any restraint, thereupon the Court upon consideration orders that
the said will be admitted to probate as duly proved to be the last will and
testament of said Edward W. Benton Decd and ordered to be recorded
as such
Thereupon Michael C. Bean the executor named in the will appeared
and accepted the his appointment and gave bonds in the sum of $3000 with
Benjamin Turney and Martin Mangans as his sureties, and received his
letters testamentary. The Court appointed William Colhoun George
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 440)
Description
[page 440]
[corresponds to labeled page 408 of Will Record Vol. 4 1859 - 1869]
408
Record of the will of Edward W. Benton Deceased.
Honeter and William W. Warren appraisers of said estate.
T. W. Powell Probate Judge
Copy of the Will
I Thomas W. Benton 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 my just debts be fully paid.
Second I give devise and bequeath to my beloved wife Matilda
Benton in lieu of her dower the house and lot in the town of Ostrander in
the County of Delaware and State of Ohio, known and designated on the
recorded plat of said town by number Sixty (60) during her natural life
and all the live stock horses, cows, sheep, hogs, etc by me now owned and
kept, also all the household furniture and other items not particularly named
in this will and Bonds, notes, and Book accounts during her natural
life as aforesaid. She however first disposing of a sufficiency thereof to pay
my just debts as aforesaid, and that at the Death of my said wife all the prop=
erty hereby devised or bequeathed to her: as aforesaid or so much thereof as
may then remain unexpended is to be taken in hand by my hereinafter
named executor the house and lot in Ostrander he is to sell by due course
of law as well as the aforesaid personal property and to be paid by my
said executor to my children as follows.
Third I give and devise to my daughter Matilda Toben Seventy five
dollars. Fourth I give and devise to my daughter Susannah
McBride Seventy five dollars Fifth I give and devise to my
son Eli Benton and my son Benjamin Benton and my daughter
Catherine Magans and my Daughter Ann Porter and my Daughter
Mary Jane Dodds and my daughter Nancy Miller and my son Erasmus
Benton the balance of my estate to be divided amongst them share
and share alike, excepting my daughter Catharine Mangans there
is to be fifty dollars deducted out of her share and to be paid over to
Alonzo Benton son of said Catharine who she had in her single days also
to be paid over by my executor and lastly I hereby constitute and appoint
Michael C. Bean 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 17th
day of February A.D. 1863.
Edward W. Benton {Seal}
Signed published and declared by
the above named Edward W. Benton
as and for his last will and testament
in presence of us who at his request
have signed as witnesses to the same.
Sarah Mangans
Jos. Mangans
[corresponds to labeled page 408 of Will Record Vol. 4 1859 - 1869]
408
Record of the will of Edward W. Benton Deceased.
Honeter and William W. Warren appraisers of said estate.
T. W. Powell Probate Judge
Copy of the Will
I Thomas W. Benton 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 my just debts be fully paid.
Second I give devise and bequeath to my beloved wife Matilda
Benton in lieu of her dower the house and lot in the town of Ostrander in
the County of Delaware and State of Ohio, known and designated on the
recorded plat of said town by number Sixty (60) during her natural life
and all the live stock horses, cows, sheep, hogs, etc by me now owned and
kept, also all the household furniture and other items not particularly named
in this will and Bonds, notes, and Book accounts during her natural
life as aforesaid. She however first disposing of a sufficiency thereof to pay
my just debts as aforesaid, and that at the Death of my said wife all the prop=
erty hereby devised or bequeathed to her: as aforesaid or so much thereof as
may then remain unexpended is to be taken in hand by my hereinafter
named executor the house and lot in Ostrander he is to sell by due course
of law as well as the aforesaid personal property and to be paid by my
said executor to my children as follows.
Third I give and devise to my daughter Matilda Toben Seventy five
dollars. Fourth I give and devise to my daughter Susannah
McBride Seventy five dollars Fifth I give and devise to my
son Eli Benton and my son Benjamin Benton and my daughter
Catherine Magans and my Daughter Ann Porter and my Daughter
Mary Jane Dodds and my daughter Nancy Miller and my son Erasmus
Benton the balance of my estate to be divided amongst them share
and share alike, excepting my daughter Catharine Mangans there
is to be fifty dollars deducted out of her share and to be paid over to
Alonzo Benton son of said Catharine who she had in her single days also
to be paid over by my executor and lastly I hereby constitute and appoint
Michael C. Bean 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 17th
day of February A.D. 1863.
Edward W. Benton {Seal}
Signed published and declared by
the above named Edward W. Benton
as and for his last will and testament
in presence of us who at his request
have signed as witnesses to the same.
Sarah Mangans
Jos. Mangans
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 441)
Description
[page 441]
[corresponds to labeled page 409 of Will Record Vol. 4 1859 - 1869]
409
Record of the will of Edward W. Benton Deceased
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Edward W.
Benton late of Scioto Township in this County Deceased.
We Sarah Mangans and Joseph Mangans being duly affirmed in
open court this 17th day of August A.D. 1868 depose and say that we
were present at the execution of the last will and testament of Edward
W. Benton of Scioto 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 making 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
Sarah Mangans
Jos. Mangans
Sworn to and subscribed before me in the Probate Court this
17th day of August A.D. 1868
T. W. Powell Probate Judge
Record of the last will and testament of Owen 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
The following is a copy of the Journal record to wit.
Sept. 29th 1868
Will and estate of Owen Thomas deceased
On this day the last will and testament of Owen Thomas late of Radnor
deceased was presented for Probate and record. Thereupon Isaac Roberts and
James P. Osborne the two sbuscribing to the said will came into court and were
duly sworn and examined and their testimony reduced to writing, annexed
thereto and filed therewith, and it appearing that the said will was duly
executed and attested and that at the time of the execution thereof the said
testator was of full age and sound mind and memory and not under
any restraint it is therefore ordered that the said will be admitted to probate
as duly proved as the last will and testament of the said Owen Thomas decd
and ordered to be recorded as such
Thereupon letters of administration with the will annexed were
granted to Mary Thomas the widow who gave bonds in the sum of
$2000. with James P. Osborn and John Roberts as her sureties
[corresponds to labeled page 409 of Will Record Vol. 4 1859 - 1869]
409
Record of the will of Edward W. Benton Deceased
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Edward W.
Benton late of Scioto Township in this County Deceased.
We Sarah Mangans and Joseph Mangans being duly affirmed in
open court this 17th day of August A.D. 1868 depose and say that we
were present at the execution of the last will and testament of Edward
W. Benton of Scioto 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 making 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
Sarah Mangans
Jos. Mangans
Sworn to and subscribed before me in the Probate Court this
17th day of August A.D. 1868
T. W. Powell Probate Judge
Record of the last will and testament of Owen 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
The following is a copy of the Journal record to wit.
Sept. 29th 1868
Will and estate of Owen Thomas deceased
On this day the last will and testament of Owen Thomas late of Radnor
deceased was presented for Probate and record. Thereupon Isaac Roberts and
James P. Osborne the two sbuscribing to the said will came into court and were
duly sworn and examined and their testimony reduced to writing, annexed
thereto and filed therewith, and it appearing that the said will was duly
executed and attested and that at the time of the execution thereof the said
testator was of full age and sound mind and memory and not under
any restraint it is therefore ordered that the said will be admitted to probate
as duly proved as the last will and testament of the said Owen Thomas decd
and ordered to be recorded as such
Thereupon letters of administration with the will annexed were
granted to Mary Thomas the widow who gave bonds in the sum of
$2000. with James P. Osborn and John Roberts as her sureties
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 442)
Description
[page 442]
[corresponds to labeled page 410 of Will Record Vol. 4 1859 - 1869]
410
Record of the will of Owen Thomas Deceased
Court appoint Isaac Roberts, Henry Worline and Abraham Lloyd as
appraisers of the estate.
T. W. Powell Probate Judge
Copy of the Will
In the name of the benevolent Father of all
I Owen Thomas 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 the farm on which we
now reside situated in the above township above named and containing about
one hundred and thirty three acres during her natural life and all the
stock household goods furniture provisions and other goods and chattels
which may be thereon, at the time of my decease during her natural
life as aforesaid she however selling so much thereof as may be sufficient
to pay my just debts, At the death of my said wife the Real Estate aforesaid
and such part of the personal property or the proceeds thereof as may then
remain unconsumed and unexpended, I give and devise to my sons
and daughters and their heirs to be equally divided
In testimony whereof I have hereunto set my hand and seal this
the twenty fourth day of August (A.D.) in the year 1868
Owen Thomas {Seal}
Signed and acknowledged by
said Owen Thomas as his last
will and testament in our
presence and signed by us in
his presence
Isaac Roberts
James P. Osborn
State of Ohio Delaware County SS.
In the matter of the last will and testament of Owen Thomas decd
late of Radnor Township Deceased.
We Isaac Roberts and James P. Osborn being duly sworn in
open court this 8th day of October A.D. 1868 depose and say that we were
present at the execution of the last will and testament of Owen Thomas
of Radnor Township in this county hereunto annexed bearing date 14th
of August 1868 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 sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence and
in the presence of each other
Isaac Roberts
James P. Osborn
Sworn to and subscribed before me in the Probate Court this 8th
day of October A.D. 1868 T. W. Powell Probate Judge
[corresponds to labeled page 410 of Will Record Vol. 4 1859 - 1869]
410
Record of the will of Owen Thomas Deceased
Court appoint Isaac Roberts, Henry Worline and Abraham Lloyd as
appraisers of the estate.
T. W. Powell Probate Judge
Copy of the Will
In the name of the benevolent Father of all
I Owen Thomas 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 the farm on which we
now reside situated in the above township above named and containing about
one hundred and thirty three acres during her natural life and all the
stock household goods furniture provisions and other goods and chattels
which may be thereon, at the time of my decease during her natural
life as aforesaid she however selling so much thereof as may be sufficient
to pay my just debts, At the death of my said wife the Real Estate aforesaid
and such part of the personal property or the proceeds thereof as may then
remain unconsumed and unexpended, I give and devise to my sons
and daughters and their heirs to be equally divided
In testimony whereof I have hereunto set my hand and seal this
the twenty fourth day of August (A.D.) in the year 1868
Owen Thomas {Seal}
Signed and acknowledged by
said Owen Thomas as his last
will and testament in our
presence and signed by us in
his presence
Isaac Roberts
James P. Osborn
State of Ohio Delaware County SS.
In the matter of the last will and testament of Owen Thomas decd
late of Radnor Township Deceased.
We Isaac Roberts and James P. Osborn being duly sworn in
open court this 8th day of October A.D. 1868 depose and say that we were
present at the execution of the last will and testament of Owen Thomas
of Radnor Township in this county hereunto annexed bearing date 14th
of August 1868 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 sound mind and memory and not under any restraint and that
we signed the same as witnesses at his request and in his presence and
in the presence of each other
Isaac Roberts
James P. Osborn
Sworn to and subscribed before me in the Probate Court this 8th
day of October A.D. 1868 T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 443)
Description
[page 443]
[corresponds to labeled page 411 of Will Record Vol. 4 1859 - 1869]
411
Record of the will of Andrew Howalt Deceased
Record of the last will of Andrew Howalt deceased
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 Delaware
The following is a copy of the Journal Record to wit.
October 8th 1868
This day the last will and testament of Andrew Howalt late
of Marlborough Township Decd. was presented in Court for Probate and
record. Thereupon Hugh Cole and Jacob A. Schaaf appeared in Court
the two subscribing witnesses to said will who were duly sworn and
examined and their testimony reduced to writing annexed to the will
and filed therewith and it appearing that the said will was duly ex-
ecuted and attested, thereupon the Court ordered that the said will be
duly admitted to probate as being duly proved as the last will and tes-
tament of the said Andrew Howalt decd. and ordered to be recorded as such.
Thereupon Jacob Howalt accepted his appointment as ex-
ecutor of said will and gave bonds in the sum of $3000 with Hugh Cole
and Leonard Bauereis as sureties, the court appoint Jacob A. Schaaf
and Joseph Bishop and Joseph Bishop appraisers of the said estate
Thereupon Mrs. Fannie Howalt the widow appeared in
Court to make her choice and election under the will and the same
being fully explained and made known to her she did thereupon declare
her election and choice to be to take under the will according to the
terms thereof and not according to law
T. W. Powell Probate Judge
Copy of the Will
In the name of the Benevolent Father of All, I Andrew howalt
of the County of Delaware State of Ohio do make this my last will and
testament
1st I give and bequeath to my beloved wife Fanny in lieu of her dower
the farm on which I now reside situated in the County of Delaware Ohio con-
taining one hundred and seventy two and a half acres during her natural
life and all the stock household goods furniture provisions and other goods or chattels
which may be thereon at the time of my decease during her natural life as
aforesaid she however selling so much thereof that may be sufficient to pay
my just debts
At the death of my said wife the Real Estate aforesaid I give &
devise to my daughter Rosanna, to my son John F. and to my son J. George
and to my daughter Elizabeth to my son Jacob to my daughter Mary
Also all the personal or chattel property that shall be left at
the death of my said wife
2nd I do hereby nominate and appoint my three sons Jacob
Frederick and George to superinted the farm and secure to my said wife
[corresponds to labeled page 411 of Will Record Vol. 4 1859 - 1869]
411
Record of the will of Andrew Howalt Deceased
Record of the last will of Andrew Howalt deceased
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 Delaware
The following is a copy of the Journal Record to wit.
October 8th 1868
This day the last will and testament of Andrew Howalt late
of Marlborough Township Decd. was presented in Court for Probate and
record. Thereupon Hugh Cole and Jacob A. Schaaf appeared in Court
the two subscribing witnesses to said will who were duly sworn and
examined and their testimony reduced to writing annexed to the will
and filed therewith and it appearing that the said will was duly ex-
ecuted and attested, thereupon the Court ordered that the said will be
duly admitted to probate as being duly proved as the last will and tes-
tament of the said Andrew Howalt decd. and ordered to be recorded as such.
Thereupon Jacob Howalt accepted his appointment as ex-
ecutor of said will and gave bonds in the sum of $3000 with Hugh Cole
and Leonard Bauereis as sureties, the court appoint Jacob A. Schaaf
and Joseph Bishop and Joseph Bishop appraisers of the said estate
Thereupon Mrs. Fannie Howalt the widow appeared in
Court to make her choice and election under the will and the same
being fully explained and made known to her she did thereupon declare
her election and choice to be to take under the will according to the
terms thereof and not according to law
T. W. Powell Probate Judge
Copy of the Will
In the name of the Benevolent Father of All, I Andrew howalt
of the County of Delaware State of Ohio do make this my last will and
testament
1st I give and bequeath to my beloved wife Fanny in lieu of her dower
the farm on which I now reside situated in the County of Delaware Ohio con-
taining one hundred and seventy two and a half acres during her natural
life and all the stock household goods furniture provisions and other goods or chattels
which may be thereon at the time of my decease during her natural life as
aforesaid she however selling so much thereof that may be sufficient to pay
my just debts
At the death of my said wife the Real Estate aforesaid I give &
devise to my daughter Rosanna, to my son John F. and to my son J. George
and to my daughter Elizabeth to my son Jacob to my daughter Mary
Also all the personal or chattel property that shall be left at
the death of my said wife
2nd I do hereby nominate and appoint my three sons Jacob
Frederick and George to superinted the farm and secure to my said wife
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 444)
Description
[page 444]
[corresponds to labeled page 412 of Will Record Vol. 4 1859 - 1869]
412
Record of the last will of Andrew Howalt Deceased
two fifths of all the produce of the said farm
3rd I do hereby request that my wife shall have the privelege to
keep on the farm all the stock that shall remain after paying the just
debts and funeral expenses
4th I do also appoint my son Jacob as administrator of my
estate in full
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 September in the year of our Lord 1868
(signed in German) [ ? ]
Signed and acknowledged by said
Andrew Howalt as his last
will and testament
Hugh Cole
Jacob A. Schaaf
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Andrew Howalt late
of Marlborough Township Deceased.
We Hugh Cole and Jacob A. Schaaf being duly sworn in open
court this 8th day of October A.D. 1868 depose and say that we were pres-
ent at the execution of the last will and testament of Andrew Howalt of
Marlborough Township hereto annexed; that we saw said testator sub-
scribe said will and heard him publish and declare the same to be his
last will and testament and that the said testator at the time of executing
the same was of full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at his request &
in his presence and in the presence of each other
Hugh Cole
Jacob A. Schaaf
Sworn to and subscribed before me in the Probate Court this 8th
day of October A.D. 1868
T. W. Powell Probate Judge
[corresponds to labeled page 412 of Will Record Vol. 4 1859 - 1869]
412
Record of the last will of Andrew Howalt Deceased
two fifths of all the produce of the said farm
3rd I do hereby request that my wife shall have the privelege to
keep on the farm all the stock that shall remain after paying the just
debts and funeral expenses
4th I do also appoint my son Jacob as administrator of my
estate in full
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 September in the year of our Lord 1868
(signed in German) [ ? ]
Signed and acknowledged by said
Andrew Howalt as his last
will and testament
Hugh Cole
Jacob A. Schaaf
The State of Ohio Delaware County SS.
In the matter of the last will and testament of Andrew Howalt late
of Marlborough Township Deceased.
We Hugh Cole and Jacob A. Schaaf being duly sworn in open
court this 8th day of October A.D. 1868 depose and say that we were pres-
ent at the execution of the last will and testament of Andrew Howalt of
Marlborough Township hereto annexed; that we saw said testator sub-
scribe said will and heard him publish and declare the same to be his
last will and testament and that the said testator at the time of executing
the same was of full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at his request &
in his presence and in the presence of each other
Hugh Cole
Jacob A. Schaaf
Sworn to and subscribed before me in the Probate Court this 8th
day of October A.D. 1868
T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 445)
Description
[page 445]
[corresponds to labeled page 413 of Will Record Vol. 4 1859 - 1869]
413
Record of the authenticated will of Samuel Ott
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 Delaware
The following is a copy of the Journal record to wit
November 10th 1868
Will of Samuel Ott Deceased
On motion of Francis Ott on behalf of the Devisus Has
presented to the Court the duly authenticated copy of the last will
and testament of Samuel Ott late of Bedford County in the State
of Pennsylvania Deceased now produced in open court duly proved
and admitted to record in the said County of Bedford in the State of
Pennsylvania, and having relation to property in the County: and
upon consideration thereof the Court now orders that the said authenti-
-cated copy of the said record of the said will be admitted and recorded
among the records of the wills of this county T. W. Powell Probate Judge
which is as follows to wit
I Samuel Ott of Colerain Township Bedford County in the
State of Pennsylvania being of sound and disposing mind, memory and
understanding do make and publish this my last will and testament in
manner following to wit.
1st I give devise and bequeath to my beloved wife Ann my mansion
farm adjoining lands of John Bettinger Abram McClellan Saml Fitter
S. M. Barclays heirs and others during her natural lifetime to be farmed
however by my son William Ott and Thomas Ott they to give her the one
third of all the products of said farm and to farm the same under her
direction and control my said wife to keep my son Joseph with her on the
said farm and supply him with everything necessary for his convenience and
comfort during her lifetime I also give and bequeath all my household goods
and all my cows hogs and sheep to my said wife
2nd I give devise and bequeath to my two sons William and Thomas
my mansion farm above described to be held and enjoyed by them their heirs
and assigns forever after the death of my said wife they to keep and man=
=tain my son Joseph on said farm after the death of my wife during
her natural lifetime and I hereby make and order that my said mansion
farm above described be chargeable with the support of said son Joseph
3rd I give and bequeath to my two sons William and Thomas all
my furnishing implements all horses colts and other property about my
mansion farm not given to my wife so that there need be no sale
of my personal property
4th I give and bequeath to my daughter Lavanda two thousand
dollars to be paid her by my sons William and Thomas upon her attaining
the age of twenty three years
5th I give devise and bequeath to my son Samuel the
farm he now lives on in Bedford Township adjoining lands of Dewalt
Hershberger, Jacob Zimmers, and Michael Zimmers he to give my
[corresponds to labeled page 413 of Will Record Vol. 4 1859 - 1869]
413
Record of the authenticated will of Samuel Ott
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 Delaware
The following is a copy of the Journal record to wit
November 10th 1868
Will of Samuel Ott Deceased
On motion of Francis Ott on behalf of the Devisus Has
presented to the Court the duly authenticated copy of the last will
and testament of Samuel Ott late of Bedford County in the State
of Pennsylvania Deceased now produced in open court duly proved
and admitted to record in the said County of Bedford in the State of
Pennsylvania, and having relation to property in the County: and
upon consideration thereof the Court now orders that the said authenti-
-cated copy of the said record of the said will be admitted and recorded
among the records of the wills of this county T. W. Powell Probate Judge
which is as follows to wit
I Samuel Ott of Colerain Township Bedford County in the
State of Pennsylvania being of sound and disposing mind, memory and
understanding do make and publish this my last will and testament in
manner following to wit.
1st I give devise and bequeath to my beloved wife Ann my mansion
farm adjoining lands of John Bettinger Abram McClellan Saml Fitter
S. M. Barclays heirs and others during her natural lifetime to be farmed
however by my son William Ott and Thomas Ott they to give her the one
third of all the products of said farm and to farm the same under her
direction and control my said wife to keep my son Joseph with her on the
said farm and supply him with everything necessary for his convenience and
comfort during her lifetime I also give and bequeath all my household goods
and all my cows hogs and sheep to my said wife
2nd I give devise and bequeath to my two sons William and Thomas
my mansion farm above described to be held and enjoyed by them their heirs
and assigns forever after the death of my said wife they to keep and man=
=tain my son Joseph on said farm after the death of my wife during
her natural lifetime and I hereby make and order that my said mansion
farm above described be chargeable with the support of said son Joseph
3rd I give and bequeath to my two sons William and Thomas all
my furnishing implements all horses colts and other property about my
mansion farm not given to my wife so that there need be no sale
of my personal property
4th I give and bequeath to my daughter Lavanda two thousand
dollars to be paid her by my sons William and Thomas upon her attaining
the age of twenty three years
5th I give devise and bequeath to my son Samuel the
farm he now lives on in Bedford Township adjoining lands of Dewalt
Hershberger, Jacob Zimmers, and Michael Zimmers he to give my
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 446)
Description
[page 446]
[corresponds to labeled page 414 of Will Record Vol. 4 1859 - 1869]
414
Record of the authenticated copy of the will of Samuel Ott
wife the one third of the products for three years after my death
6th It is my will and I direct that the land in Webster County
Iowa belonging to me be sold by my executor and the money put on interest
and the interest paid to my son Joseph during his lifetime and at his
death the principal equally divided between my other sons or to be given
to whoever of my sons children that will take Joseph and give him a
home if he should not want to live with my sons William and Thomas
on my Mansion Farm
7th It is my will and direct that my farm in Delaware County
Ohio be sold by my executor as soon after my decease as can be and
eight thousand dollars paid over to my son Francis which is all I give
and bequeath to him and two thousand dollars paid to my daughter Charlotte
which is all I give and bequeath to her
8th I give devise and bequeath to my daughter Mary wife of William
Sipes my Eighty acre tract of land in James County Iowa I also give and
bequeath to my said daughter Mary Sipes a judgement note for six hundred
and sixteen dollars I hold against her husband William Sipes
9th It is my will and I direct that whatever of my estate remains
after the foregoing legacies and bequest are paid the same shall be equally
divided between my children share and share alike
I constitute and appoint my son William and Francis
Executors of this my last will and testament Signed sealed and deliv-
-ered the twenty eighth day of February A.D. 1868
Samuel Ott {Seal}
Signed and sealed by the said Samuel Ott
and declared by him to be his last will and
testament in our presence who in his presence
and in the presence of each other and at his request
subscribed our names hereto as witnesses the 28th
day of February 1868 interlineations made
before signing
Wm M. Deatrick
J. W. Lingenfelter
May 24th 1868 I Samuel Ott above named being still of sound
and disposing mind do make and publish this Codocil to my last will and
testament as follows That is to say I give and devise to my two sons
William and Thomas a tract of mountain land adjoining lands of John
Bittinger Adam Diehl and Abraham McClellan containing about two
hundred acres purchased by me from Frederick Hyseong I give and
devise the above to my said two sons in addition to what I have herein=
before given and devised to them Witness my hand and seal the day
and year above written Signed in our presence by the said testator and declared
by him to be his act and last will and testament and desired us
to sign our names as witnesses
Henry Shaffer
J. W. Lingenfelter
[corresponds to labeled page 414 of Will Record Vol. 4 1859 - 1869]
414
Record of the authenticated copy of the will of Samuel Ott
wife the one third of the products for three years after my death
6th It is my will and I direct that the land in Webster County
Iowa belonging to me be sold by my executor and the money put on interest
and the interest paid to my son Joseph during his lifetime and at his
death the principal equally divided between my other sons or to be given
to whoever of my sons children that will take Joseph and give him a
home if he should not want to live with my sons William and Thomas
on my Mansion Farm
7th It is my will and direct that my farm in Delaware County
Ohio be sold by my executor as soon after my decease as can be and
eight thousand dollars paid over to my son Francis which is all I give
and bequeath to him and two thousand dollars paid to my daughter Charlotte
which is all I give and bequeath to her
8th I give devise and bequeath to my daughter Mary wife of William
Sipes my Eighty acre tract of land in James County Iowa I also give and
bequeath to my said daughter Mary Sipes a judgement note for six hundred
and sixteen dollars I hold against her husband William Sipes
9th It is my will and I direct that whatever of my estate remains
after the foregoing legacies and bequest are paid the same shall be equally
divided between my children share and share alike
I constitute and appoint my son William and Francis
Executors of this my last will and testament Signed sealed and deliv-
-ered the twenty eighth day of February A.D. 1868
Samuel Ott {Seal}
Signed and sealed by the said Samuel Ott
and declared by him to be his last will and
testament in our presence who in his presence
and in the presence of each other and at his request
subscribed our names hereto as witnesses the 28th
day of February 1868 interlineations made
before signing
Wm M. Deatrick
J. W. Lingenfelter
May 24th 1868 I Samuel Ott above named being still of sound
and disposing mind do make and publish this Codocil to my last will and
testament as follows That is to say I give and devise to my two sons
William and Thomas a tract of mountain land adjoining lands of John
Bittinger Adam Diehl and Abraham McClellan containing about two
hundred acres purchased by me from Frederick Hyseong I give and
devise the above to my said two sons in addition to what I have herein=
before given and devised to them Witness my hand and seal the day
and year above written Signed in our presence by the said testator and declared
by him to be his act and last will and testament and desired us
to sign our names as witnesses
Henry Shaffer
J. W. Lingenfelter
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 447)
Description
[page 447]
[corresponds to labeled page 415 of Will Record Vol. 4 1859 - 1869]
415
Record of the authenticated copy of the Will of Samuel Ott
Bedford County SS.
{Seal} By the tenor of these presents I O. E. Shannon Register
for the Probate of Wills and granting letters of administration
in and for the County of Bedford in the Commonwealth
of Pennsylvania do make known to all men that
on the 29th day of August A.D. 1868 at Bedford before me was duly proven
the last will and testament of Samuel Ott late of Bedford County,
deceased (a true copy whereof is to these presents annexed) he the said
Samuel Ott having previous and at the time of his death diverse goods
chattels rights and credits within the said Commonwealth the committing
the administration whereof and also the auditing the accounts calculations
and reckonings of the said administration according to law to me are
known to belong and the administration of all and singular the
said goods chattels rights and credits and all other things concerning said
last will and testament was committed to William and Francis Ott
Executors in the said testament named they having been first duly
qualified well and truly to administer the goods chattels rights and
credits of the said deceased and make a true and perfect inventory
thereof and exhibit the same into the Registers office at Bedford within
thirty days from this date and within thirty days after the sale of said
goods file a list thereof with the prices and name of the purchasers
in the office aforesaid and also diligently and faithfully regard and
well and truly comply with the provisions of law relating to collat=
eral inheritances and to render a just and true account
calculation and reckoning of the said administration within
one year from the date hereof or when thereunto lawfully
required
In testimony whereof I have hereunto set my hand and
seal of office at Bedford the 29th day of August in the year
of Our Lord one thousand eight hundred and sixty eight
O. E. Shannon
Register
[corresponds to labeled page 415 of Will Record Vol. 4 1859 - 1869]
415
Record of the authenticated copy of the Will of Samuel Ott
Bedford County SS.
{Seal} By the tenor of these presents I O. E. Shannon Register
for the Probate of Wills and granting letters of administration
in and for the County of Bedford in the Commonwealth
of Pennsylvania do make known to all men that
on the 29th day of August A.D. 1868 at Bedford before me was duly proven
the last will and testament of Samuel Ott late of Bedford County,
deceased (a true copy whereof is to these presents annexed) he the said
Samuel Ott having previous and at the time of his death diverse goods
chattels rights and credits within the said Commonwealth the committing
the administration whereof and also the auditing the accounts calculations
and reckonings of the said administration according to law to me are
known to belong and the administration of all and singular the
said goods chattels rights and credits and all other things concerning said
last will and testament was committed to William and Francis Ott
Executors in the said testament named they having been first duly
qualified well and truly to administer the goods chattels rights and
credits of the said deceased and make a true and perfect inventory
thereof and exhibit the same into the Registers office at Bedford within
thirty days from this date and within thirty days after the sale of said
goods file a list thereof with the prices and name of the purchasers
in the office aforesaid and also diligently and faithfully regard and
well and truly comply with the provisions of law relating to collat=
eral inheritances and to render a just and true account
calculation and reckoning of the said administration within
one year from the date hereof or when thereunto lawfully
required
In testimony whereof I have hereunto set my hand and
seal of office at Bedford the 29th day of August in the year
of Our Lord one thousand eight hundred and sixty eight
O. E. Shannon
Register
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 448)
Description
[page 448]
[corresponds to labeled page 416 of Will Record Vol. 4 1859 - 1869]
416
Record of the last will and testament of Andrew Jack
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 Delaware Ohio
The following is a record of the Journal entry to wit.
December 31st 1868
Will and estate of Andrew Jack late of Orange township in this
County and State decd was presented to the Court for Probate and
record. Thereupon Early F. Poppleton and J. F. Lears the two subscribing
witnesses to the 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 said testator
at the time of executing the same was of full age and sound mind
and memory and not under any restraint. Thereupon upon consid-
eration the court orders that the said will be admitted to probate as
duly proved as the last will and testament of said Andrew Jack decd.
and ordered to be recorded as such
(no letters issued T. W. Powell
Probate Judge
Copy of the Will
In the name of the benevolent Father of All. I Andrew
Jack of the County of Delaware and State of Ohio of lawful age
being of advanced age and considering the uncertainty of this mortal
life the uncertainty of death and the uncertainty of the time thereof
and being desirous of disposing of my earthly effects while
I remain in the flesh and being of sound and disposing mind
and memory do make and publish this my last will and testament
Item 1st I will that all my just debts and expenses of last sicknesses
and funeral expenses be first paid out of my estate
Item 2nd I will and bequeath to my daughter Mary Jane Asher
the North half of the Home farm upon which I now live in the
township of Orange Delaware County Ohio and being that part
of my farm deeded by the heirs of Paul Pherson to Asa Noble
and by the said Noble to the testator supposed to contain 91 1/2
acres of ground more or less
Item 3rd I will and bequeath to my daughter Sarah Allen Wilcox
the south half of the home farm upon which I now live situate
in the township of Orange Delaware County Ohio and being that
part of my farm deeded by Samuel Pherson to Asa Noble and
by the said Noble deeded to the testator - supposed to contain
91 1/2 acres of land more or less
Item 4th I will and bequeath to my daughter Sarah Ellen
Wilcox the piano now in the house and owned by me
Item 5th I will and bequeath all the residue of my estate
[corresponds to labeled page 416 of Will Record Vol. 4 1859 - 1869]
416
Record of the last will and testament of Andrew Jack
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 Delaware Ohio
The following is a record of the Journal entry to wit.
December 31st 1868
Will and estate of Andrew Jack late of Orange township in this
County and State decd was presented to the Court for Probate and
record. Thereupon Early F. Poppleton and J. F. Lears the two subscribing
witnesses to the 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 said testator
at the time of executing the same was of full age and sound mind
and memory and not under any restraint. Thereupon upon consid-
eration the court orders that the said will be admitted to probate as
duly proved as the last will and testament of said Andrew Jack decd.
and ordered to be recorded as such
(no letters issued T. W. Powell
Probate Judge
Copy of the Will
In the name of the benevolent Father of All. I Andrew
Jack of the County of Delaware and State of Ohio of lawful age
being of advanced age and considering the uncertainty of this mortal
life the uncertainty of death and the uncertainty of the time thereof
and being desirous of disposing of my earthly effects while
I remain in the flesh and being of sound and disposing mind
and memory do make and publish this my last will and testament
Item 1st I will that all my just debts and expenses of last sicknesses
and funeral expenses be first paid out of my estate
Item 2nd I will and bequeath to my daughter Mary Jane Asher
the North half of the Home farm upon which I now live in the
township of Orange Delaware County Ohio and being that part
of my farm deeded by the heirs of Paul Pherson to Asa Noble
and by the said Noble to the testator supposed to contain 91 1/2
acres of ground more or less
Item 3rd I will and bequeath to my daughter Sarah Allen Wilcox
the south half of the home farm upon which I now live situate
in the township of Orange Delaware County Ohio and being that
part of my farm deeded by Samuel Pherson to Asa Noble and
by the said Noble deeded to the testator - supposed to contain
91 1/2 acres of land more or less
Item 4th I will and bequeath to my daughter Sarah Ellen
Wilcox the piano now in the house and owned by me
Item 5th I will and bequeath all the residue of my estate
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 449)
Description
[page 449]
[corresponds to labeled page 417 of Will Record VOl. 4 1859 - 1869]
417
Record of the last will and testament of Andrew Jack
of every description both real personal and mixed of which
I may die seized to my two daughters. Mary Jane Asher
and Sarah Ellen Wilcox to be equally divided between them
the one to have the same amount of the residue of my estate
as the other. I hereby revoke all other and former wills
by me made and declare this alone to be my last will and
testament
In testimony whereof I have hereunto set my hand
and seal this 7th day of August A.D. 1868
Andrew Jack {Seal}
Signed sealed and acknowledged by the said Andrew
Jack to be his last will and testament in our presence
and signed by us in his presence and at his request
and in the presence of each other on this 7th day of August
A.D. 1868
J. E. Lears
E. F. Poppleton
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Andrew Jack deceased We J. E. Lears and E. F.
Poppleton who being duly sworn in open court this 31st day
of December A.D. 1868 depose and say that we were present
at the execution of the last will and testament of Andrew
Jack of Delaware County Ohio hereunto annexed bearing
date the 7th day of August A.D. 1868 that we saw the said
testator subscribe said will and heard him publish the same
to be his last will and testament and that the said testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and
in his presence and in the presence of each other
E. F. Poppleton
J. E. Lears
Sworn to and subscribed before me in the Probate Court
this 31st day of December A.D. 1868
T. W. Powell
Probate Judge
[corresponds to labeled page 417 of Will Record VOl. 4 1859 - 1869]
417
Record of the last will and testament of Andrew Jack
of every description both real personal and mixed of which
I may die seized to my two daughters. Mary Jane Asher
and Sarah Ellen Wilcox to be equally divided between them
the one to have the same amount of the residue of my estate
as the other. I hereby revoke all other and former wills
by me made and declare this alone to be my last will and
testament
In testimony whereof I have hereunto set my hand
and seal this 7th day of August A.D. 1868
Andrew Jack {Seal}
Signed sealed and acknowledged by the said Andrew
Jack to be his last will and testament in our presence
and signed by us in his presence and at his request
and in the presence of each other on this 7th day of August
A.D. 1868
J. E. Lears
E. F. Poppleton
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Andrew Jack deceased We J. E. Lears and E. F.
Poppleton who being duly sworn in open court this 31st day
of December A.D. 1868 depose and say that we were present
at the execution of the last will and testament of Andrew
Jack of Delaware County Ohio hereunto annexed bearing
date the 7th day of August A.D. 1868 that we saw the said
testator subscribe said will and heard him publish the same
to be his last will and testament and that the said testator
at the time of executing the same was of full age and of
sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and
in his presence and in the presence of each other
E. F. Poppleton
J. E. Lears
Sworn to and subscribed before me in the Probate Court
this 31st day of December A.D. 1868
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 450)
Description
[page 450]
[corresponds to labeled page 418 of Will Record Vol. 4 1859 - 1869]
418
Record of the last will and testament of Hodge McCutcheon
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 Delaware Ohio
The following is a copy of the Journal record to wit.
December 19th 1868
This day the last will and testament of Hodge McCutcheon
late of Brown Township in this county decd was presented to the
court for probate and record. Thereupon William Williams and
Daniel Sheets the two subscribing witnesses thereto came into
court and were duly sworn and examined and their testimony
reduced to writing 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 constraint Thereupon on consideration it
is ordered that the said will be admitted to probate as duly
proved as the last will and testament of the said Hodge
McCutcheon decd. and that the same be recorded as such
Thereupon Mrs. Mary B. McCutcheon the widow appeared
in Court to make her election under said will, and the whole
matter being duly explained to her and her interest under the
will and acccording to law in case she chose not to take under
the will according to the terms thereof and not according to
law only. Thereupon letters of administration
with the will annexed were granted to the widow Mary B.
McCutcheon who gave bonds in the sum of $5000. as the res-
=iduary legatee to pay all debts and legacies with Daniel
Sheets and Dorothea Garvin as her sureties (Letter etc issued)
T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of All
I Hodge McCutcheon of Eden Delaware County Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my beloved wife the three
town lots with all the appurtenances thereunto belonging on which
we now reside in the village of Eden Also ten and one fourth
acres of land in lot No. 27. Section 1. Township No. 5. and range
No. 18. in Brown Township Delaware County Ohio and also
all the stock moneys and effects that I am now possessed
(Except one thousand dollars which is disposed of in Item 2nd
which will be about $(4000) four thousand dollars in personal
[corresponds to labeled page 418 of Will Record Vol. 4 1859 - 1869]
418
Record of the last will and testament of Hodge McCutcheon
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 Delaware Ohio
The following is a copy of the Journal record to wit.
December 19th 1868
This day the last will and testament of Hodge McCutcheon
late of Brown Township in this county decd was presented to the
court for probate and record. Thereupon William Williams and
Daniel Sheets the two subscribing witnesses thereto came into
court and were duly sworn and examined and their testimony
reduced to writing 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 constraint Thereupon on consideration it
is ordered that the said will be admitted to probate as duly
proved as the last will and testament of the said Hodge
McCutcheon decd. and that the same be recorded as such
Thereupon Mrs. Mary B. McCutcheon the widow appeared
in Court to make her election under said will, and the whole
matter being duly explained to her and her interest under the
will and acccording to law in case she chose not to take under
the will according to the terms thereof and not according to
law only. Thereupon letters of administration
with the will annexed were granted to the widow Mary B.
McCutcheon who gave bonds in the sum of $5000. as the res-
=iduary legatee to pay all debts and legacies with Daniel
Sheets and Dorothea Garvin as her sureties (Letter etc issued)
T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of All
I Hodge McCutcheon of Eden Delaware County Ohio do make
and publish this my last will and testament
Item 1st I give and devise to my beloved wife the three
town lots with all the appurtenances thereunto belonging on which
we now reside in the village of Eden Also ten and one fourth
acres of land in lot No. 27. Section 1. Township No. 5. and range
No. 18. in Brown Township Delaware County Ohio and also
all the stock moneys and effects that I am now possessed
(Except one thousand dollars which is disposed of in Item 2nd
which will be about $(4000) four thousand dollars in personal
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 451)
Description
[page 451]
[corresponds to labeled page 419 of Will Record Vol. 4 1859 - 1869]
419
Record of the last will and testament of Hodge McCutcheon
property for my said wife
Item 2nd I devise and bequeath to Theodore J. Mosher
and Darthula Amanda Garvin each the sum of five hundred
dollars. They are however to pay out of said money equally
all my funeral expenses
In testimony hereof I have hereunto set my
hand and seal this first day of October A.D. 1868
his
Hodge X McCutcheon
mark {Seal}
Signed and acknowledged
by said Hodge McCutcheon
as his last will and testament
in our presence and signed by
us in his presence
Wm. Williams
Daniel Sheets
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Hodge McCutcheon late of Brown Township of this County
deceased
We William Williams and Daniel Sheets being duly
sworn in open court this 19th day of December A.D. 1868
depose and say that we were present at the execution
of the last will and testament of Hodge McCutcheon
of Brown Township hereunto annexed bearng date the
first day of October 1868 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
Wm. Williams
Danl. Sheets
Sworn to and subscribed before me in the Probate
Court this 19th day of December A.D. 1868
T. W. Powell
Probate Judge
[corresponds to labeled page 419 of Will Record Vol. 4 1859 - 1869]
419
Record of the last will and testament of Hodge McCutcheon
property for my said wife
Item 2nd I devise and bequeath to Theodore J. Mosher
and Darthula Amanda Garvin each the sum of five hundred
dollars. They are however to pay out of said money equally
all my funeral expenses
In testimony hereof I have hereunto set my
hand and seal this first day of October A.D. 1868
his
Hodge X McCutcheon
mark {Seal}
Signed and acknowledged
by said Hodge McCutcheon
as his last will and testament
in our presence and signed by
us in his presence
Wm. Williams
Daniel Sheets
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Hodge McCutcheon late of Brown Township of this County
deceased
We William Williams and Daniel Sheets being duly
sworn in open court this 19th day of December A.D. 1868
depose and say that we were present at the execution
of the last will and testament of Hodge McCutcheon
of Brown Township hereunto annexed bearng date the
first day of October 1868 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
Wm. Williams
Danl. Sheets
Sworn to and subscribed before me in the Probate
Court this 19th day of December A.D. 1868
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 452)
Description
[page 452]
[corresponds to labeled page 420 of Will Record Vol. 4 1859 - 1869]
420
Record of the last will and testament of Marcus Curtiss
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 Delaware O
The following is a copy of the Journal Entry to wit.
December 5th 1868
Will and estate of Marcus Curtiss decd
This day the last will and testament of Marcus Curtiss
decd late of Genoa Township in this county was presented
to the court for probate and record. Thereupon Jefferson P.
Mainard and Ezekiel Brown the two subscribing witnesses to
the said will came into Court and were duly sworn and
examined and their testimony reduced to writing annexed to
and filed with said will, 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 on consideration the Court orders that the said
will be admitted to probate as duly proved as the last will
and testament of the said Marcus Curtiss decd. and ordered
to be recorded as such
Thereupon letters testamentary were granted and issued
to Leonard Curtiss Henry Curtiss and Newell Curtiss the
executors named in said will who gave bonds in the sum of
$6000. with Jefferson P. Maynard and Ezekiel Brown as
their sureties. The Court appoint Jay Dyer Roswell Cook
and Nathan Dustin appraisers of the estate
- Letters etc issued - T. W. Powell
Probate Judge
Copy of the Will
Galena Delaware County Ohio
Nov. 1st 1868
In the name of the Benevolent Father of All
I Marcus Curtiss of Galena Delaware County and State of Ohio
do make and publish this my last will and testament
First. It is my will that my just debts and funeral
expenses be fully paid
Second I give devise and bequeath to my beloved wife
Caty Curtiss her just and legal dower in my real and
personal estate
Third I give and devise to the heirs of my oldest son
Augustus Curtiss deceased two hundred dollars ($200) less
of my real and personal estate which amount their Father
has already received and to my second son Leonard Curtiss
Two hundred and fifty dollars ($250) less as aforesaid which
[corresponds to labeled page 420 of Will Record Vol. 4 1859 - 1869]
420
Record of the last will and testament of Marcus Curtiss
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 Delaware O
The following is a copy of the Journal Entry to wit.
December 5th 1868
Will and estate of Marcus Curtiss decd
This day the last will and testament of Marcus Curtiss
decd late of Genoa Township in this county was presented
to the court for probate and record. Thereupon Jefferson P.
Mainard and Ezekiel Brown the two subscribing witnesses to
the said will came into Court and were duly sworn and
examined and their testimony reduced to writing annexed to
and filed with said will, 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 on consideration the Court orders that the said
will be admitted to probate as duly proved as the last will
and testament of the said Marcus Curtiss decd. and ordered
to be recorded as such
Thereupon letters testamentary were granted and issued
to Leonard Curtiss Henry Curtiss and Newell Curtiss the
executors named in said will who gave bonds in the sum of
$6000. with Jefferson P. Maynard and Ezekiel Brown as
their sureties. The Court appoint Jay Dyer Roswell Cook
and Nathan Dustin appraisers of the estate
- Letters etc issued - T. W. Powell
Probate Judge
Copy of the Will
Galena Delaware County Ohio
Nov. 1st 1868
In the name of the Benevolent Father of All
I Marcus Curtiss of Galena Delaware County and State of Ohio
do make and publish this my last will and testament
First. It is my will that my just debts and funeral
expenses be fully paid
Second I give devise and bequeath to my beloved wife
Caty Curtiss her just and legal dower in my real and
personal estate
Third I give and devise to the heirs of my oldest son
Augustus Curtiss deceased two hundred dollars ($200) less
of my real and personal estate which amount their Father
has already received and to my second son Leonard Curtiss
Two hundred and fifty dollars ($250) less as aforesaid which
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 453)
Description
[page 453]
[corresponds to labeled page 421 of Will Record Vol. 4 1859 - 1869]
421
Record of the last will and testament of Marcus Curtiss
since he has received and to my third son Henry Curtiss
I will One thousand and one hundred and twenty dollars
($1120.00) less of my real and personal estate as aforesaid
which amount has been paid to him in a farm in Radnor
township Delaware County Ohio and to my fourth son
Charles Curtiss I give and bequeath Four hundred dollars ($400)
less as aforesaid which amount he has received in payment
of land in Radnor Township Delaware County Ohio and it
is my further will and pleasure that the above mentioned
claims and bequests be settled without computing the interest
thereon
Fourth I further give devise and bequeath to my oldest
daughter Emily Curtiss six hundred dollars $600 in money the
use and occupancy of one third (1/3) of the house in which I now
live during her natural life also two beds bedsteads and
beddings complete and the Beaureau which she usually occu=
=pies.
Fifth To the heirs of my second daughter Mary Keely decd.
I give devise and bequeath two hundred dollars to be equally
divided among said heirs and to the youngest of said heirs
Lucy Keeler I give and devise an additional sum of one
hundred dollars ($100.)
Sixth To my third daughter Rachael Rugg I give and
bequeath two hundred dollars $200, and that parcel of land
lying and being in Berkshire Township Delaware County
Ohio in Range seventeen (17) Township 4 section (4) said to
contain eight and 68/100 acres more or less reference being had
to the deed from C. W. Rugg and wife to Marcus Curtiss
which is on record in the proper office (Feby 17th 1860) volume 44
of deeds page 490 these last bequests being made to my daughter
Rachael Rugg for her and her heirs especial benefit
Seventh It is further my will that after the bequests to my
daughters and their heirs as above mentioned shall have been paid
that all the remaining property both personal and real belonging
to my estate be divided equally among my four sons or their
heirs taking into consideration the amounts specified above
that each have received
And lastly I hereby appoint and constitute my two oldest
sons Leonard Curtiss and Henry Curtiss and my grandson Newell
Curtiss my executors for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last will
and testament
In witness whereof I have hereunto set my hand and seal
this first day of November in the year of our Lord one thousand
eight hundred and sixty six Signed and acknowledged by the
said Marcus Curtiss as his last will & testament in our presence and
sig
[corresponds to labeled page 421 of Will Record Vol. 4 1859 - 1869]
421
Record of the last will and testament of Marcus Curtiss
since he has received and to my third son Henry Curtiss
I will One thousand and one hundred and twenty dollars
($1120.00) less of my real and personal estate as aforesaid
which amount has been paid to him in a farm in Radnor
township Delaware County Ohio and to my fourth son
Charles Curtiss I give and bequeath Four hundred dollars ($400)
less as aforesaid which amount he has received in payment
of land in Radnor Township Delaware County Ohio and it
is my further will and pleasure that the above mentioned
claims and bequests be settled without computing the interest
thereon
Fourth I further give devise and bequeath to my oldest
daughter Emily Curtiss six hundred dollars $600 in money the
use and occupancy of one third (1/3) of the house in which I now
live during her natural life also two beds bedsteads and
beddings complete and the Beaureau which she usually occu=
=pies.
Fifth To the heirs of my second daughter Mary Keely decd.
I give devise and bequeath two hundred dollars to be equally
divided among said heirs and to the youngest of said heirs
Lucy Keeler I give and devise an additional sum of one
hundred dollars ($100.)
Sixth To my third daughter Rachael Rugg I give and
bequeath two hundred dollars $200, and that parcel of land
lying and being in Berkshire Township Delaware County
Ohio in Range seventeen (17) Township 4 section (4) said to
contain eight and 68/100 acres more or less reference being had
to the deed from C. W. Rugg and wife to Marcus Curtiss
which is on record in the proper office (Feby 17th 1860) volume 44
of deeds page 490 these last bequests being made to my daughter
Rachael Rugg for her and her heirs especial benefit
Seventh It is further my will that after the bequests to my
daughters and their heirs as above mentioned shall have been paid
that all the remaining property both personal and real belonging
to my estate be divided equally among my four sons or their
heirs taking into consideration the amounts specified above
that each have received
And lastly I hereby appoint and constitute my two oldest
sons Leonard Curtiss and Henry Curtiss and my grandson Newell
Curtiss my executors for this my last will and testament
revoking and annulling all former wills by me made and
ratifying and confirming this and no other to be my last will
and testament
In witness whereof I have hereunto set my hand and seal
this first day of November in the year of our Lord one thousand
eight hundred and sixty six Signed and acknowledged by the
said Marcus Curtiss as his last will & testament in our presence and
sig
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 454)
Description
[page 454]
[corresponds to labeled page 422 of Will Record Vol. 4 1859 - 1869]
422
Record of the last will and testament of Marcus Curtiss
signed by us as witnesses in his presence
{ J. P. Maynard Marcus Curtiss {Seal}
witnesses { E. Brown
{ W. P. Boyd
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of Marcus
Curtiss late of Geneo Township deceased
We Jefferson P. Maynard and Ezekiel Brown being
duly sworn in open court this 5th day of December A.D. 1868
depose and say that we were present at the execution of the last
will and testament of Marcus Curtiss of Genoa Township hereto
annexed: that we saw the said testator subscribe said will and
heard him publish the same to be his last will and testament
and that the said testator at the time of executing the same was
of full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of each
other
J. P. Maynard
E. Brown
Sworn to and subscribed before me in the Probate
Court this 5th day of December A.D. 1868
T. W. Powell
Probate Judge
Last will and testament of Henry Gregg deceased
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 Delaware Ohio
The following is a copy of the Journal entry to wit.
November 25th 1868
On this day the last will and testament of Henry Gregg
late of Berkshire in this County Deceased was presented to
the court for Probate and record Thereupon Amos Utley
and James Lampman the two subscribing witnesses to said will
came into court and were duly sworn and examined and
their testimony reduced 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
[corresponds to labeled page 422 of Will Record Vol. 4 1859 - 1869]
422
Record of the last will and testament of Marcus Curtiss
signed by us as witnesses in his presence
{ J. P. Maynard Marcus Curtiss {Seal}
witnesses { E. Brown
{ W. P. Boyd
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of Marcus
Curtiss late of Geneo Township deceased
We Jefferson P. Maynard and Ezekiel Brown being
duly sworn in open court this 5th day of December A.D. 1868
depose and say that we were present at the execution of the last
will and testament of Marcus Curtiss of Genoa Township hereto
annexed: that we saw the said testator subscribe said will and
heard him publish the same to be his last will and testament
and that the said testator at the time of executing the same was
of full age and of sound mind and memory and not under
any restraint and that we signed the same as witnesses at
his request and in his presence and in the presence of each
other
J. P. Maynard
E. Brown
Sworn to and subscribed before me in the Probate
Court this 5th day of December A.D. 1868
T. W. Powell
Probate Judge
Last will and testament of Henry Gregg deceased
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 Delaware Ohio
The following is a copy of the Journal entry to wit.
November 25th 1868
On this day the last will and testament of Henry Gregg
late of Berkshire in this County Deceased was presented to
the court for Probate and record Thereupon Amos Utley
and James Lampman the two subscribing witnesses to said will
came into court and were duly sworn and examined and
their testimony reduced 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
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 455)
Description
[page 455]
[corresponds to labeled page 423 of Will Record Vol. 4 1859 - 1869]
423
Record of the last will and testament of Henry Gregg
of full age and sound mind and memory and not under
restraint. Thereupon the Court on consideration orders
that the said will be admitted to probate as duly proved
as the last will and testament of the said Henry Gregg deceased
and ordered to be recorded as such.
Thereupon Lydia A. Gregg the widow declined to act
as executrix and asked for letters of administration: the said
Lydia A Gregg was so appointed administratrix with the will annex=
=ed of the said estate who thereupon gave bonds in the sum of
$2000. with Wm P. Reed and James R. Hubbell as sureties. The
Court appoint Amos Utley James Lampman and John Mead
appraisers of the said estate
(Letters etc issued) T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of all
I Henry Gregg of Berkshire Township Delaware County
and State of Ohio do make and publish this my last will
and testament in manner and form following to wit.
Item 1st I give and devise to my beloved wife the use
of all my real and personal property so long as she shall
remain my widow after paying the funeral expenses and the
furnishing a plain decent marble gravestone and the pay=
ment of my debts which are trifling she is to sell any
of the personal property at private sale for the purpose of
paying the above demands
Item 2nd I give and bequeath to my son John H. Gregg
and to my daughter Mary Frances Gregg each one hundred
dollars out of my real estate. when she ceases to be my
widow or at her decease what shall remain of the and
personal property and the real estate to be equally divided
between my three children Martha E. John H. and Mary
Frances Gregg and their heirs in case all the above named
children shall die without heirs then the one equal half
of my real estate is given to wife the balance to my brothers
and sisters it is my wish that in case my daughters or either
of them is desirous selling their share of the Real Estate
my son John H. is to have the preference in buying the same
at its worth
Signed and acknowledged by said Henry Gregg as his
last will and testament in our presence and signed by us in
his presence Berkshire March 16th 1867
Amos Utley Henry Gregg {Seal}
James Lampman
[corresponds to labeled page 423 of Will Record Vol. 4 1859 - 1869]
423
Record of the last will and testament of Henry Gregg
of full age and sound mind and memory and not under
restraint. Thereupon the Court on consideration orders
that the said will be admitted to probate as duly proved
as the last will and testament of the said Henry Gregg deceased
and ordered to be recorded as such.
Thereupon Lydia A. Gregg the widow declined to act
as executrix and asked for letters of administration: the said
Lydia A Gregg was so appointed administratrix with the will annex=
=ed of the said estate who thereupon gave bonds in the sum of
$2000. with Wm P. Reed and James R. Hubbell as sureties. The
Court appoint Amos Utley James Lampman and John Mead
appraisers of the said estate
(Letters etc issued) T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of all
I Henry Gregg of Berkshire Township Delaware County
and State of Ohio do make and publish this my last will
and testament in manner and form following to wit.
Item 1st I give and devise to my beloved wife the use
of all my real and personal property so long as she shall
remain my widow after paying the funeral expenses and the
furnishing a plain decent marble gravestone and the pay=
ment of my debts which are trifling she is to sell any
of the personal property at private sale for the purpose of
paying the above demands
Item 2nd I give and bequeath to my son John H. Gregg
and to my daughter Mary Frances Gregg each one hundred
dollars out of my real estate. when she ceases to be my
widow or at her decease what shall remain of the and
personal property and the real estate to be equally divided
between my three children Martha E. John H. and Mary
Frances Gregg and their heirs in case all the above named
children shall die without heirs then the one equal half
of my real estate is given to wife the balance to my brothers
and sisters it is my wish that in case my daughters or either
of them is desirous selling their share of the Real Estate
my son John H. is to have the preference in buying the same
at its worth
Signed and acknowledged by said Henry Gregg as his
last will and testament in our presence and signed by us in
his presence Berkshire March 16th 1867
Amos Utley Henry Gregg {Seal}
James Lampman
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 456)
Description
[page 456]
[corresponds to labeled page 424 of Will Record Vol. 4 1859 - 1969]
424
Record of the last will and testament of Henry Gregg
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Henry Gregg late of Berkshire Township deceased.
We Amos Utley and James Lampman being duly
sworn in open Court this 25th day of November 1868 depose
and say that we were present at the execution of the last will
and testament of Henry Gregg of Berkshire Township in this
county hereunto annexed bearing date the 16th day of March
1867 that we saw said testator subscribe said will and heard
him publish 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
Amos Utley
James Lampman
Sworn to and subscribed before me in Probate
Court this 25th day of November A.D. 1868
T. W. Powell
Probate Judge
Record of the last will of Isabela Benton deceased
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 Delaware Ohio.
The following is a copy of the Journal entry to wit.
November 21st 1868
Will and estate of Isabella Benton deceased
This day the last will and testament of Isabella Benton late
of Concord Township deceased was presented for probate and
record thereupon William H. Duckworth and Eli Myers the
two subscribing witnesses came into Court and were duly
sworn and examined and their testimony reduced to writing
annexed to the said will and filed therewith: and it appearing
to the Court that the said will was duly executed and attes=
=ted and that the testatrix at the time of executing the same
[corresponds to labeled page 424 of Will Record Vol. 4 1859 - 1969]
424
Record of the last will and testament of Henry Gregg
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of
Henry Gregg late of Berkshire Township deceased.
We Amos Utley and James Lampman being duly
sworn in open Court this 25th day of November 1868 depose
and say that we were present at the execution of the last will
and testament of Henry Gregg of Berkshire Township in this
county hereunto annexed bearing date the 16th day of March
1867 that we saw said testator subscribe said will and heard
him publish 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
Amos Utley
James Lampman
Sworn to and subscribed before me in Probate
Court this 25th day of November A.D. 1868
T. W. Powell
Probate Judge
Record of the last will of Isabela Benton deceased
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 Delaware Ohio.
The following is a copy of the Journal entry to wit.
November 21st 1868
Will and estate of Isabella Benton deceased
This day the last will and testament of Isabella Benton late
of Concord Township deceased was presented for probate and
record thereupon William H. Duckworth and Eli Myers the
two subscribing witnesses came into Court and were duly
sworn and examined and their testimony reduced to writing
annexed to the said will and filed therewith: and it appearing
to the Court that the said will was duly executed and attes=
=ted and that the testatrix at the time of executing the same
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 457)
Description
[page 457]
[corresponds to labeled page 425 of Will Record Vol. 4 1859 - 1869]
425
Record of the last will and testament of Isabella Benton
was of full age and sound mind and memory and not under
any restraint. Thereupon in consideration the Court orders
that the said will be admitted to probate as duly proved as
the last will and testament of the said Isabella Benton decd
and ordered to be recorded as such
(No letters issued) T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of all, I Isabella
Benton of Concord Township Delaware County Ohio do
make and publish this my last will and testament
Item 1st I give and devise to my beloved husband Merlin
Benton all my real estate situated in Jerome Township
Union County Ohio containing about thirty acres to have
during his lifetime
Item 2nd I devise and bequeath to my beloved husband
Merlin Benton all my personal property except one cow, bed
and bedding
Item 3rd I devise and bequeath to my neice Eliza Jane
Custard one bed and bedding also at the death of my husband
one fourth of my real estate
Item 4th I devise and bequeath to my brother Robert
Norris one cow
Item 5th At the death of my husband Merlin Benton
I devise and bequeath to my neice Rhoda Jane Picket one fourth
of my real estate
Item 6th At the death of my husband Merlin Benton I
devise and bequeath the [remaining one fourth of my real
estate: to my nephew John W. Norris one fourth of my
real estate
Item 7th At the death of my husband Merlin Benton
I devise and bequeath to my the remaining one fourth of
my real estate to my nephew and neice John Edgar Harriet
and Sarah Isabella Harriet to be divided equally between
them
Item 8th I do hereby nominate and appoint my husband
Merlin Benton my executor of this my last will and testament
In testimony hereof I have hereunto set my hand
and seal this the 20th day of April in the year 1868
Isabella Benton {Seal}
Signed and acknowledged by said
Isabella Benton as her last will
and testament in our presence and
signed by us in her presence
Wm H. Duckworth
Eli Myers
[corresponds to labeled page 425 of Will Record Vol. 4 1859 - 1869]
425
Record of the last will and testament of Isabella Benton
was of full age and sound mind and memory and not under
any restraint. Thereupon in consideration the Court orders
that the said will be admitted to probate as duly proved as
the last will and testament of the said Isabella Benton decd
and ordered to be recorded as such
(No letters issued) T. W. Powell
Probate Judge
Copy of the Will
In the name of the Benevolent Father of all, I Isabella
Benton of Concord Township Delaware County Ohio do
make and publish this my last will and testament
Item 1st I give and devise to my beloved husband Merlin
Benton all my real estate situated in Jerome Township
Union County Ohio containing about thirty acres to have
during his lifetime
Item 2nd I devise and bequeath to my beloved husband
Merlin Benton all my personal property except one cow, bed
and bedding
Item 3rd I devise and bequeath to my neice Eliza Jane
Custard one bed and bedding also at the death of my husband
one fourth of my real estate
Item 4th I devise and bequeath to my brother Robert
Norris one cow
Item 5th At the death of my husband Merlin Benton
I devise and bequeath to my neice Rhoda Jane Picket one fourth
of my real estate
Item 6th At the death of my husband Merlin Benton I
devise and bequeath the [remaining one fourth of my real
estate: to my nephew John W. Norris one fourth of my
real estate
Item 7th At the death of my husband Merlin Benton
I devise and bequeath to my the remaining one fourth of
my real estate to my nephew and neice John Edgar Harriet
and Sarah Isabella Harriet to be divided equally between
them
Item 8th I do hereby nominate and appoint my husband
Merlin Benton my executor of this my last will and testament
In testimony hereof I have hereunto set my hand
and seal this the 20th day of April in the year 1868
Isabella Benton {Seal}
Signed and acknowledged by said
Isabella Benton as her last will
and testament in our presence and
signed by us in her presence
Wm H. Duckworth
Eli Myers
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 458)
Description
[page 458]
[corresponds to labeled page 426 of Will Record Vol. 4 1859 - 1869]
426
Record of the last will and testament of Isabella Benton
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of Isabella
Benton late of Concord Township deceased
We William H. Duckworth and Eli Myers being
duly sworn in open court this 21st day of November A.D. 1868
depose and say that we were present at the execution of the
last will and testament of Isabella Benton of Concord Town=
=ship 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 in her presence
at her request and in the presence of each other
Wm H. Duckworth
Eli Myers
Sworn to and subscribed before me in the Probate
Court this 21st day of November A.D. 1868
T. W. Powell
Probate Judge
Record of the last will and testament of David Geary
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 Delaware Ohio
The following is a copy of the Journal entry to wit
November 14th 1868
Will and estate of David Geary deceased
This day the last will and testament of David Geary
late of Berlin Township of this County deceased was presented
to the Court for proof probate and record
Thereupon George Gregory and Nirum Gregory the two sub-
=scribing witnesses to said will appeared in Court and being
duly sworn and examined and their testimony reduced to
writing annexed to the will and filed therewith and it appearing
to the Court that the said will was duly executed and attested
[corresponds to labeled page 426 of Will Record Vol. 4 1859 - 1869]
426
Record of the last will and testament of Isabella Benton
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament of Isabella
Benton late of Concord Township deceased
We William H. Duckworth and Eli Myers being
duly sworn in open court this 21st day of November A.D. 1868
depose and say that we were present at the execution of the
last will and testament of Isabella Benton of Concord Town=
=ship 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 in her presence
at her request and in the presence of each other
Wm H. Duckworth
Eli Myers
Sworn to and subscribed before me in the Probate
Court this 21st day of November A.D. 1868
T. W. Powell
Probate Judge
Record of the last will and testament of David Geary
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 Delaware Ohio
The following is a copy of the Journal entry to wit
November 14th 1868
Will and estate of David Geary deceased
This day the last will and testament of David Geary
late of Berlin Township of this County deceased was presented
to the Court for proof probate and record
Thereupon George Gregory and Nirum Gregory the two sub-
=scribing witnesses to said will appeared in Court and being
duly sworn and examined and their testimony reduced to
writing annexed to the will and filed therewith and it appearing
to the Court that the said will was duly executed and attested
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 459)
Description
[page 459]
[corresponds to labeled page 427 of Will Record Vol. 4 1859 - 1969]
427
Record of the last will and testament of David Geary
and that the testator at the time of executing the same was
of full age and sound mind and memory and not under
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 David
Geary deceased and ordered to be recorded as such
(No letters issued) Thereupon Mrs. Helen Geary
the widow appeared in Court to make her election under
the will and being fully informed of her rights & interests
etc upon consideration she did declare her choice and
election to be to take under the said will according to the
terms thereof
T. W. Powell
Probate Judge
Copy of the will
I David Geary of Berlin 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 Helen
in lieu of her dower, the farm on which we now reside situate
in Berlin Township, County of Delaware State of Ohio
containing fifteen acres more or less during her natural
life or so long as she shall remain my widow and all the
stock household goods furniture provisions and other goods
and chattels which may be thereon and all moneys and credits,
except, I devise and bequeath to my four oldest children,
John Geary, Morris Geary, David Geary and Mary Geary the
sum of five dollars each; my wife shall sell so much
thereof as may be sufficient to pay my funeral charges and
just debts
Item 2nd At the death of my said wife or her intermarriage
again the real estate aforesaid I give and devise to my
youngest son Patrick Geary on which we now live as afore-
=said
Item 3rd I do hereby nominate and appoint my wife
Helen executrix of this my last will and testament etc
Item 4th 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
Item 5th I do hereby revoke all former wills or will by
me made In testimony hereof I have hereunto set my
hand and seal this twenty eighth day of September in
the year of Our Lord eighteen hundred and sixty eight
his
David X Geary
mark
[corresponds to labeled page 427 of Will Record Vol. 4 1859 - 1969]
427
Record of the last will and testament of David Geary
and that the testator at the time of executing the same was
of full age and sound mind and memory and not under
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 David
Geary deceased and ordered to be recorded as such
(No letters issued) Thereupon Mrs. Helen Geary
the widow appeared in Court to make her election under
the will and being fully informed of her rights & interests
etc upon consideration she did declare her choice and
election to be to take under the said will according to the
terms thereof
T. W. Powell
Probate Judge
Copy of the will
I David Geary of Berlin 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 Helen
in lieu of her dower, the farm on which we now reside situate
in Berlin Township, County of Delaware State of Ohio
containing fifteen acres more or less during her natural
life or so long as she shall remain my widow and all the
stock household goods furniture provisions and other goods
and chattels which may be thereon and all moneys and credits,
except, I devise and bequeath to my four oldest children,
John Geary, Morris Geary, David Geary and Mary Geary the
sum of five dollars each; my wife shall sell so much
thereof as may be sufficient to pay my funeral charges and
just debts
Item 2nd At the death of my said wife or her intermarriage
again the real estate aforesaid I give and devise to my
youngest son Patrick Geary on which we now live as afore-
=said
Item 3rd I do hereby nominate and appoint my wife
Helen executrix of this my last will and testament etc
Item 4th 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
Item 5th I do hereby revoke all former wills or will by
me made In testimony hereof I have hereunto set my
hand and seal this twenty eighth day of September in
the year of Our Lord eighteen hundred and sixty eight
his
David X Geary
mark
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 460)
Description
[page 460]
[corresponds to labeled page 428 of Will Record Vol. 4 1859 - 1869]
428
Record of the last will and testament of David Geary
Signed and acknolwedged by
David Geary as his last
will and testament in our
presence and signed by us
in his presence
George Gregory
Nirum Gregory
State of Ohio }
Delaware County SS }
In the matter of the last will and testament of David
Geary late of Berlin Township in the County deceased.
We George Gregory and Nirum Gregory being duly sworn
in open court this 14th day of November A.D. 1868 depose and
say that we were present at the execution of the last will and
testament of David Geary of Berlin Township hereunto annexed
bearing date the twenty eighth day of September 1868: 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 in his
presence and at his request and in the presence of each other
George Gregory
Nirum Gregory
Sworn to and subscribed before me, in the Probate
Court this 14th day of November A.D. 1868
T. W. Powell
Probate Judge
[corresponds to labeled page 428 of Will Record Vol. 4 1859 - 1869]
428
Record of the last will and testament of David Geary
Signed and acknolwedged by
David Geary as his last
will and testament in our
presence and signed by us
in his presence
George Gregory
Nirum Gregory
State of Ohio }
Delaware County SS }
In the matter of the last will and testament of David
Geary late of Berlin Township in the County deceased.
We George Gregory and Nirum Gregory being duly sworn
in open court this 14th day of November A.D. 1868 depose and
say that we were present at the execution of the last will and
testament of David Geary of Berlin Township hereunto annexed
bearing date the twenty eighth day of September 1868: 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 in his
presence and at his request and in the presence of each other
George Gregory
Nirum Gregory
Sworn to and subscribed before me, in the Probate
Court this 14th day of November A.D. 1868
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 461)
Description
[page 461]
[corresponds to labeled page 429 of Will Record Vol. 4 1859 - 1869]
429
Record of the last will and testament of James Roff Dec'd
Proceedings had before Thomas W. Powell Probate Judge in and
for the County of Delaware and State of Ohio, at his office in
Delaware Ohio: the following is a copy of the Journal Entry to
wit.
February 4th 1869
Will and Estate of James Roff deceased
On this day the, On the 18th day of September 1868 the
last will and testament of James Roff of Berkshire in this County
late deceased, was presented and filed for Probate and record, and
the testimony of George W. Wells one of the witnesses thereto being then
taken and the matter then continued for the testimony of the other
witnesses Thereupon on motion George W. Wells was appointed
administrator on the said estate and was qualified as such. And
afterward on the 28th day of October 1868, the testimony of Clark W.
Wells the other witness. And the witnesses having been duly sworn
and examined and their testimony having been reduced to writing
and annexed to and filed with the will, and the Court now upon
consideration find 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:
it is therefore ordered that said will be admitted to probate as the
last will and testament of said James Roff decd, and be recorded as
such. And that said George W. Wells act as administrator
with the will annexed
T. W. Powell
Probate Judge
Copy of the will
In the name of the Benevolent Father of all
I James Roff of Delaware County State of Ohio and in Genoa
Township 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 Genoa
Township Delaware County Ohio containing about sixteen acres
during her natural life or so long as she remains my widow and
all the stock household goods, furniture provisions and other goods
and chattels which may be thereon at the time of my decease during
her natural life as aforesaid, she however selling so much
thereof as may be sufficient to pay my just debts. At the
death of my said wife or as long as she remain my widow 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 divide equally to my lawful heirs
Item 2nd I do hereby nominate and appoint G. W. Wells
executor of this my last will and testament hereby authorizing
and empowering him to compromize adjust and release and discharge
[corresponds to labeled page 429 of Will Record Vol. 4 1859 - 1869]
429
Record of the last will and testament of James Roff Dec'd
Proceedings had before Thomas W. Powell Probate Judge in and
for the County of Delaware and State of Ohio, at his office in
Delaware Ohio: the following is a copy of the Journal Entry to
wit.
February 4th 1869
Will and Estate of James Roff deceased
On this day the, On the 18th day of September 1868 the
last will and testament of James Roff of Berkshire in this County
late deceased, was presented and filed for Probate and record, and
the testimony of George W. Wells one of the witnesses thereto being then
taken and the matter then continued for the testimony of the other
witnesses Thereupon on motion George W. Wells was appointed
administrator on the said estate and was qualified as such. And
afterward on the 28th day of October 1868, the testimony of Clark W.
Wells the other witness. And the witnesses having been duly sworn
and examined and their testimony having been reduced to writing
and annexed to and filed with the will, and the Court now upon
consideration find 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:
it is therefore ordered that said will be admitted to probate as the
last will and testament of said James Roff decd, and be recorded as
such. And that said George W. Wells act as administrator
with the will annexed
T. W. Powell
Probate Judge
Copy of the will
In the name of the Benevolent Father of all
I James Roff of Delaware County State of Ohio and in Genoa
Township 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 Genoa
Township Delaware County Ohio containing about sixteen acres
during her natural life or so long as she remains my widow and
all the stock household goods, furniture provisions and other goods
and chattels which may be thereon at the time of my decease during
her natural life as aforesaid, she however selling so much
thereof as may be sufficient to pay my just debts. At the
death of my said wife or as long as she remain my widow 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 divide equally to my lawful heirs
Item 2nd I do hereby nominate and appoint G. W. Wells
executor of this my last will and testament hereby authorizing
and empowering him to compromize adjust and release and discharge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 462)
Description
[page 462]
[corresponds to labeled page 430 of Will Record Vol. 4 1859 - 1869]
430
Last will and testament of James Ross deceased
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 purchasers
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 13th day of April 1866
James Roff {Seal}
Signed and acknowledged by said
James Roff as his last will and
testament in our presence and signed
by us in his presence
M. M. Weeks
C. W. Wells
G. W. Wells
The State of Ohio Delaware County SS.
In the matter of the last will and testament of James Roff
formerly of Genoa Township late of Berkshire Township in this County
We Clark W. Wells and George W. Wells being duly sworn in
open Court this 28th day of December A.D. 1868 depose and say that we
were present at the execution of the last will and testament of James
Roff of Genoa in this County hereunto annexed, bearing date 13th day of
April 1864, 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 the said testator at the time of executing the same 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
G. W. Wells
Clark W. Wells
Sworn to and subscribed before me in the Probate Court this 28th
day of December A.D. 1868
` T. W. Powell
Probate Judge
[corresponds to labeled page 430 of Will Record Vol. 4 1859 - 1869]
430
Last will and testament of James Ross deceased
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 purchasers
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 13th day of April 1866
James Roff {Seal}
Signed and acknowledged by said
James Roff as his last will and
testament in our presence and signed
by us in his presence
M. M. Weeks
C. W. Wells
G. W. Wells
The State of Ohio Delaware County SS.
In the matter of the last will and testament of James Roff
formerly of Genoa Township late of Berkshire Township in this County
We Clark W. Wells and George W. Wells being duly sworn in
open Court this 28th day of December A.D. 1868 depose and say that we
were present at the execution of the last will and testament of James
Roff of Genoa in this County hereunto annexed, bearing date 13th day of
April 1864, 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 the said testator at the time of executing the same 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
G. W. Wells
Clark W. Wells
Sworn to and subscribed before me in the Probate Court this 28th
day of December A.D. 1868
` T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 463)
Description
[page 463]
[corresponds to labeled page 431 of Will Record Vol. 4 1859 - 1869]
431
Last will and testament of Rulif Adams 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
Delaware Ohio - The following is a copy of the Journal Entry to wit:
January 23rd 1869 Will and estate of Rulif Adams decd
This day the last will and testament of Rulif Adams late of
Harlem Township in this County deceased, was presented to the Court for
Probate and Record. Thereupon John H. Willison and John Q. Adams
the two subscribing witnesses to the will came into Court and were duly
sworn and examined and their testimony reduced to writing and annex=
ed to the will and filed therewith. On consideration thereof the Court
finds 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
sound mind and memory and not under any restraint
Thereupon it is ordered that the said will be admitted to Probate
as duly proved as the last will and testament of the said Rulif Adams
deceased and ordered to be recorded as such
Thereupon letters of administration with the will annexed were
granted to Byron Jenkins and John Q. Adams to settle the said estate
in accordance with the said will, who gave bonds in the sum of
$4000 with William Adams and John H. Willison their sureties
The Court appointed John Cook James Cockrell and William L
Smith appraisers of said estate (Letters etc issued)
T. W. Powell
Probate Judge
Copy of the will
In the name of the Father of all
I Rulif Adams of Harlem Township Delaware County and State
of Ohio Do make and publish my last will and testament
Item 1st I devise and bequeath to my oldest son William
Adams so much of my land as I shall describe as follows commencing
at the South East Corner of the place I now live on and running North
along the centre of the County roads to the orchard fence on the North
bank of the river thence due west to F. H. Merritts land thence South
as far as my land runs thence East to the place of beginning containing
more or less
Item 2nd I devise and bequeath to my son F Rulif Fisher Adams all
of that parcel of land being on the east side of the county rode that I
Bot. of Samuel Jones and now own being the same more or less
Item 3rd I devise and bequeath to my son Ziba Adams all of
that parcel of land that I bought of Joseph Linebery Lieing on the
North side of the farm I now live on be the same more or less
Item 4th I devise and bequeath to my son Evi Adams and his
heirs so much of the balance of the of the farm that I now live on
as I shall describe being the South Side of the farm commencing
[corresponds to labeled page 431 of Will Record Vol. 4 1859 - 1869]
431
Last will and testament of Rulif Adams 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
Delaware Ohio - The following is a copy of the Journal Entry to wit:
January 23rd 1869 Will and estate of Rulif Adams decd
This day the last will and testament of Rulif Adams late of
Harlem Township in this County deceased, was presented to the Court for
Probate and Record. Thereupon John H. Willison and John Q. Adams
the two subscribing witnesses to the will came into Court and were duly
sworn and examined and their testimony reduced to writing and annex=
ed to the will and filed therewith. On consideration thereof the Court
finds 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
sound mind and memory and not under any restraint
Thereupon it is ordered that the said will be admitted to Probate
as duly proved as the last will and testament of the said Rulif Adams
deceased and ordered to be recorded as such
Thereupon letters of administration with the will annexed were
granted to Byron Jenkins and John Q. Adams to settle the said estate
in accordance with the said will, who gave bonds in the sum of
$4000 with William Adams and John H. Willison their sureties
The Court appointed John Cook James Cockrell and William L
Smith appraisers of said estate (Letters etc issued)
T. W. Powell
Probate Judge
Copy of the will
In the name of the Father of all
I Rulif Adams of Harlem Township Delaware County and State
of Ohio Do make and publish my last will and testament
Item 1st I devise and bequeath to my oldest son William
Adams so much of my land as I shall describe as follows commencing
at the South East Corner of the place I now live on and running North
along the centre of the County roads to the orchard fence on the North
bank of the river thence due west to F. H. Merritts land thence South
as far as my land runs thence East to the place of beginning containing
more or less
Item 2nd I devise and bequeath to my son F Rulif Fisher Adams all
of that parcel of land being on the east side of the county rode that I
Bot. of Samuel Jones and now own being the same more or less
Item 3rd I devise and bequeath to my son Ziba Adams all of
that parcel of land that I bought of Joseph Linebery Lieing on the
North side of the farm I now live on be the same more or less
Item 4th I devise and bequeath to my son Evi Adams and his
heirs so much of the balance of the of the farm that I now live on
as I shall describe being the South Side of the farm commencing
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 464)
Description
[page 464]
[corresponds to labeled page 432 of Will Record Vol. 4 1859 - 1869]
432
Last will and testament of Rulif Adams Deceased
at the South East corner of the orchard fence on the bank of the run
at the corner of William Land that I have described above and running
north along the county road far enough to take in the house
that Evy Adams now lives in running due west clost to the corn cribs
till you strike the centre of a small run that runs through the
place thence running along the center of said run to the west
line of my place
Item 5th I devise and bequeath to my daughter Clarinda
Hubbell and her heirs all the balance of the farm that I now live
on being the north side of the farm to have and to hold said
premises during her natural life and if the said Clarinda
Hubbell should die leaving no heirs then the above land to be
equally divided between her brothers and sisters further Clarinda
Hubbell is to have an equal use of the barn and barn yard with
Evi Adams so long as she shall want it.
Item 6th I devise and bequeath to my three daughters
Lucinda Jenkins and Clarinda Hubbell and Lisibeth A. Edwards
their heirs all of the balance of my loose property after paying all
debts and claims against me
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand and
seal this 20th day of August 1866
Rulif Adams {Seal}
Signed and acknowledged by
Rulif Adams as his last will
and testament in our presence
and signed by us in his presence
John H. Willison
John Q. Adams
{ State of Ohio }
{ Delaware County SS }
In the matter of the last will and testament of Rulif
Adams late of Harlem Township in this County deceased
We John H. Willison and John Q. Adams being duly
sworn in open court this 23rd day of January A.D. 1869 depose and say
that we were present at the execution of the last will and testament
of Rulif Adams of Harlem Township in this County hereunto annexed
bearing date 20th of August 1866 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
in his presence and at his request and in the presence of each other
J. H. Willison
John Q. Adams
Sworn to and subscribed before me in the Probate Court this
23rd day of January A.D. 1869 T. W. Powell Probate Judge
[corresponds to labeled page 432 of Will Record Vol. 4 1859 - 1869]
432
Last will and testament of Rulif Adams Deceased
at the South East corner of the orchard fence on the bank of the run
at the corner of William Land that I have described above and running
north along the county road far enough to take in the house
that Evy Adams now lives in running due west clost to the corn cribs
till you strike the centre of a small run that runs through the
place thence running along the center of said run to the west
line of my place
Item 5th I devise and bequeath to my daughter Clarinda
Hubbell and her heirs all the balance of the farm that I now live
on being the north side of the farm to have and to hold said
premises during her natural life and if the said Clarinda
Hubbell should die leaving no heirs then the above land to be
equally divided between her brothers and sisters further Clarinda
Hubbell is to have an equal use of the barn and barn yard with
Evi Adams so long as she shall want it.
Item 6th I devise and bequeath to my three daughters
Lucinda Jenkins and Clarinda Hubbell and Lisibeth A. Edwards
their heirs all of the balance of my loose property after paying all
debts and claims against me
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand and
seal this 20th day of August 1866
Rulif Adams {Seal}
Signed and acknowledged by
Rulif Adams as his last will
and testament in our presence
and signed by us in his presence
John H. Willison
John Q. Adams
{ State of Ohio }
{ Delaware County SS }
In the matter of the last will and testament of Rulif
Adams late of Harlem Township in this County deceased
We John H. Willison and John Q. Adams being duly
sworn in open court this 23rd day of January A.D. 1869 depose and say
that we were present at the execution of the last will and testament
of Rulif Adams of Harlem Township in this County hereunto annexed
bearing date 20th of August 1866 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
in his presence and at his request and in the presence of each other
J. H. Willison
John Q. Adams
Sworn to and subscribed before me in the Probate Court this
23rd day of January A.D. 1869 T. W. Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 465)
Description
[page 465]
[corresponds to labeled page 433 of Will Record Vol. 4 1859 - 1869]
433
Last will and testament of Mrs. Comfort Harrison
Proceedings had before Thomas W. Powell Probate Judge in and
for Delaware County and State of Ohio at his office in Delaware
Ohio: the following is a copy of the Journal entry to wit:
February 2nd 1869
Will and estate of Mrs. Comfort Harrison decd
On this day the last will and testament of Mrs. Comfort
Harrison of Delaware in the County was presented to the Court
for Probate and record Thereupon personally came into
Court. Charles Stenbeck and Arentha Stenbeck the two subscribing
to the said will who being duly sworn and examined and their tes-
timony reduced to writing and annexed to the will and filed therewith
and the Court thereupon finds that the said will was duly executed
and attested 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 control or restraint, it is therefore ordered that the said will be
admitted to probate as the last will and testament of the said
Comfort Harrison decd. and ordered to be recorded as such
Thereupon letters testamentary were issued on the said will to
William M. Chandler and Charles Stenbeck as the executors named
in the said will who gave bonds in the sum of 2000.$ with
Augustus A. Welsh and Enos W. Little as their sureties and the
Court appoint Jonathan Dunham Henton Tallman and John
Wolfley appraisers of said estate (Letters etc issued)
T. W. Powell Probate Judge
Copy of the will
In the name of God amen
I Comfort Harrison of the County of Delaware and State
of Ohio do make and publish this my last will and testament
to wit:
First It is my will that my debts be paid and suitable
tombstones placed at my own grave and that of my first husband
Stephen Chandler by my Executors to be paid out of my moneys
and credits
Second I give unto my son William M. Chandler my
Brass clock and his Fathers picture now in the house
third I give unto my daughter Mary G. Thrall all the
remainder of my household furniture beds bedding and all
my wearing apparrel
Fourth It is my will that all my moneys and credits
together with my personal property other than above mentioned be
disposed of as follows. the one half to the children of my son William
M. Chandler and the one half to the children of my daughter Mary
G. Thrall to be paid by my executors as they arrive at age with
interest and to be equally divided among between the above mentioned
[corresponds to labeled page 433 of Will Record Vol. 4 1859 - 1869]
433
Last will and testament of Mrs. Comfort Harrison
Proceedings had before Thomas W. Powell Probate Judge in and
for Delaware County and State of Ohio at his office in Delaware
Ohio: the following is a copy of the Journal entry to wit:
February 2nd 1869
Will and estate of Mrs. Comfort Harrison decd
On this day the last will and testament of Mrs. Comfort
Harrison of Delaware in the County was presented to the Court
for Probate and record Thereupon personally came into
Court. Charles Stenbeck and Arentha Stenbeck the two subscribing
to the said will who being duly sworn and examined and their tes-
timony reduced to writing and annexed to the will and filed therewith
and the Court thereupon finds that the said will was duly executed
and attested 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 control or restraint, it is therefore ordered that the said will be
admitted to probate as the last will and testament of the said
Comfort Harrison decd. and ordered to be recorded as such
Thereupon letters testamentary were issued on the said will to
William M. Chandler and Charles Stenbeck as the executors named
in the said will who gave bonds in the sum of 2000.$ with
Augustus A. Welsh and Enos W. Little as their sureties and the
Court appoint Jonathan Dunham Henton Tallman and John
Wolfley appraisers of said estate (Letters etc issued)
T. W. Powell Probate Judge
Copy of the will
In the name of God amen
I Comfort Harrison of the County of Delaware and State
of Ohio do make and publish this my last will and testament
to wit:
First It is my will that my debts be paid and suitable
tombstones placed at my own grave and that of my first husband
Stephen Chandler by my Executors to be paid out of my moneys
and credits
Second I give unto my son William M. Chandler my
Brass clock and his Fathers picture now in the house
third I give unto my daughter Mary G. Thrall all the
remainder of my household furniture beds bedding and all
my wearing apparrel
Fourth It is my will that all my moneys and credits
together with my personal property other than above mentioned be
disposed of as follows. the one half to the children of my son William
M. Chandler and the one half to the children of my daughter Mary
G. Thrall to be paid by my executors as they arrive at age with
interest and to be equally divided among between the above mentioned
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 466)
Description
[page 466]
[corresponds to labeled page 434 of Will Record Vol. 4 1859 - 1869]
434
Last will and testament of Mrs. Comfort Harrison
children
Fifth I hereby constitute and appoint my son William
M. Chandler and Charles Stenbeck executors to this my last
will and testament. In witness whereof I have hereunto
set my hand and seal this thirteenth day of March one
thousand eight hundred and sixty seven
Comfort Harrison {Seal}
Signed Sealed and published
by the said Comfort Harrison
to be her last will and testament
in presence of us
Charles Stenbeck
Asenath Stenbeck
{ The State of Ohio }
{ Delaware County SS }
In the matter of the last will and testament of Comfort
Harrison late of Delaware Township in this County deceased
We Charles Stenbeck and Asenath Stenbeck being duly
sworn in open court this 2nd day of February A.D. 1869, depose &
say that we were present at the execution of the last will and testament
of Comfort Harrison of Delaware Ohio hereunto annexed bearing
date the 13th day of March 1867 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 sound mind
and memory and not under any restraint and that we signed
the same at her request and in her presence and in the presence
of each other Charles Stenbeck
Asenath Stenbeck
Sworn to and subscribed before me in the Probate
Court this 2nd day of February A.D. 1869.
T. W. Powell
Probate Judge
[corresponds to labeled page 434 of Will Record Vol. 4 1859 - 1869]
434
Last will and testament of Mrs. Comfort Harrison
children
Fifth I hereby constitute and appoint my son William
M. Chandler and Charles Stenbeck executors to this my last
will and testament. In witness whereof I have hereunto
set my hand and seal this thirteenth day of March one
thousand eight hundred and sixty seven
Comfort Harrison {Seal}
Signed Sealed and published
by the said Comfort Harrison
to be her last will and testament
in presence of us
Charles Stenbeck
Asenath Stenbeck
{ The State of Ohio }
{ Delaware County SS }
In the matter of the last will and testament of Comfort
Harrison late of Delaware Township in this County deceased
We Charles Stenbeck and Asenath Stenbeck being duly
sworn in open court this 2nd day of February A.D. 1869, depose &
say that we were present at the execution of the last will and testament
of Comfort Harrison of Delaware Ohio hereunto annexed bearing
date the 13th day of March 1867 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 sound mind
and memory and not under any restraint and that we signed
the same at her request and in her presence and in the presence
of each other Charles Stenbeck
Asenath Stenbeck
Sworn to and subscribed before me in the Probate
Court this 2nd day of February A.D. 1869.
T. W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 467)
Description
[page 467]
[corresponds to labeled page 435 of Will Record Vol. 4 1859 - 1869]
435
Record of the verbal will of Ephriam Sailsbury decd.
Proceedings had before Thomas W. Powell Probate Judge in
and for the County of Delaware and State of Ohio at his office
in Delaware Ohio The following is a copy of the Journal
entry to wit.
February 13th 1869.
Will and Estate of Ephriam Sailsbury deceased
This day the verbal will (now reduced to writing) of Ephriam
Sailsbury late of Troy Township deceased was produced in Court
for Probate and record. Thereupon Lemuel Stoughton, James
Cox and Ephriam Willey witnesses to the verbal will of the
said Ephriam Sailsbury deceased came into Court and
were duly sworn and examined and their testimony reduced
to writing and now annexed to the said will as reduced to writing
and filed therewith: And it appearing to the Court that upon the
8th day of February instant that the said Ephraim Sailsbury
made his verbal will and it further appears and proved by
the testimony of the said witnesses that they were then called
upon by the said Ephriam Sailsbury in his presence and in the
presence of each other at his residence in Troy Township in
this county during his last sickness to bear 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 9th day of the present month; and that the said will was
reduced to writing on this day by the Judge of this Court at the
instance of the said witnesses and by them subscribed and
now here presented as the said will. Thereupon the Court upon
consideration thereof orders, that the said will be admitted to probate
as duly proved as the verbal or nuncupative will of the said
Ephriam Sailsbury decd; and ordered to be recorded as such
Thereupon upon motion of the widow James Cox was appointed
administrator of the said Estate of the said Ephriam Sailsbury
decd. with the said will annexed who gave bond in the sum of
15000.$. with Robert M. Pool. Lemuel Staughton Ephriam Willey
and William P. Jones his sureties and the court appoint George
Wolfley Lemuel Staughton and Ephriam Willey appraisers of the
said estate
(Letters & papers issued)
T. W. Powell
Probate Judge
Copy of the will as reduced to writing
The undersigned Lemuel Stoughton James Cox and Ephriam
Willey were on the 8th day of the present month at the residence
of Ephriam Sailsbury in Troy Township in this County who was
[corresponds to labeled page 435 of Will Record Vol. 4 1859 - 1869]
435
Record of the verbal will of Ephriam Sailsbury decd.
Proceedings had before Thomas W. Powell Probate Judge in
and for the County of Delaware and State of Ohio at his office
in Delaware Ohio The following is a copy of the Journal
entry to wit.
February 13th 1869.
Will and Estate of Ephriam Sailsbury deceased
This day the verbal will (now reduced to writing) of Ephriam
Sailsbury late of Troy Township deceased was produced in Court
for Probate and record. Thereupon Lemuel Stoughton, James
Cox and Ephriam Willey witnesses to the verbal will of the
said Ephriam Sailsbury deceased came into Court and
were duly sworn and examined and their testimony reduced
to writing and now annexed to the said will as reduced to writing
and filed therewith: And it appearing to the Court that upon the
8th day of February instant that the said Ephraim Sailsbury
made his verbal will and it further appears and proved by
the testimony of the said witnesses that they were then called
upon by the said Ephriam Sailsbury in his presence and in the
presence of each other at his residence in Troy Township in
this county during his last sickness to bear 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 9th day of the present month; and that the said will was
reduced to writing on this day by the Judge of this Court at the
instance of the said witnesses and by them subscribed and
now here presented as the said will. Thereupon the Court upon
consideration thereof orders, that the said will be admitted to probate
as duly proved as the verbal or nuncupative will of the said
Ephriam Sailsbury decd; and ordered to be recorded as such
Thereupon upon motion of the widow James Cox was appointed
administrator of the said Estate of the said Ephriam Sailsbury
decd. with the said will annexed who gave bond in the sum of
15000.$. with Robert M. Pool. Lemuel Staughton Ephriam Willey
and William P. Jones his sureties and the court appoint George
Wolfley Lemuel Staughton and Ephriam Willey appraisers of the
said estate
(Letters & papers issued)
T. W. Powell
Probate Judge
Copy of the will as reduced to writing
The undersigned Lemuel Stoughton James Cox and Ephriam
Willey were on the 8th day of the present month at the residence
of Ephriam Sailsbury in Troy Township in this County who was
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 468)
Description
[page 468]
[corresponds to labeled page 436 of Will Record Vol. 4 1859 - 1869]
436
Last Will of Ephriam Sailsbury deceased
then in his last sickness and who has since departed this life on the
ninth day of this month being the on next day; that while being then
and there on the said 8th day the said Ephriam Sailsbury then
declared in the presence of these witnesses that he desired to make
his last will and called upon them to witness what his will was
He thereupon declared that it was his will and desire as follows;
as his verbal will, to wit:
1st That Lafayette his oldest son had received his share
of his estate in the purchase of a lot of land some years since and
had deeded to his said son Lafayette amounting to two thousand
dollars. (This was only intended to make his two sons equal and
not to affect any residue). And it was his will and desire that
his second son James A Sailsbury should be paid out of his
estate two thousand and fifty dollars in order to make his share
equal to Lafayette
2nd He next willed and desired that his debts and funeral
expenses be paid out of the payment to be made this coming
Spring due on the recent sale of his farm
3rd It was his will and bequest that there should be
paid to his wife in lieu of her dower the sum of three thousand
dollars to be used and kept by her during her life time or so long
as she remained his widow and whenever she died or married
again he desired the principal to return to his estate for the benefit
of his heirs
4th It was his will and bequest that there should be paid
to the three children of his daughter Eunice Stiles each the
sum of fifty dollars to be paid out of the interest to be
paid his estate on the last payment due on the sale of his
farm and this was all he intended for this daughter.
5th It was his will and bequest that there should be paid to
his youngest daughter Sarah Aigen the sum of two thousand
dollars in case the estate holds out to do so and if it did not
hold out to that sum she was to receive the residue which he
hoped would amount to one thousand dollars at least
6th It was his will and bequest that all his household
furniture should all go to his wife.
7th It was his will and bequest that James Cox
should be the executor of this his will which was then and there
made by the said Ephriam Sailsbury in our presence and
then requested us to take notice that that was his will as aforesaid
Witness our hands this 13th day of February 1869
Samuel Stoughton
James Cox
Ephraim Willey
[corresponds to labeled page 436 of Will Record Vol. 4 1859 - 1869]
436
Last Will of Ephriam Sailsbury deceased
then in his last sickness and who has since departed this life on the
ninth day of this month being the on next day; that while being then
and there on the said 8th day the said Ephriam Sailsbury then
declared in the presence of these witnesses that he desired to make
his last will and called upon them to witness what his will was
He thereupon declared that it was his will and desire as follows;
as his verbal will, to wit:
1st That Lafayette his oldest son had received his share
of his estate in the purchase of a lot of land some years since and
had deeded to his said son Lafayette amounting to two thousand
dollars. (This was only intended to make his two sons equal and
not to affect any residue). And it was his will and desire that
his second son James A Sailsbury should be paid out of his
estate two thousand and fifty dollars in order to make his share
equal to Lafayette
2nd He next willed and desired that his debts and funeral
expenses be paid out of the payment to be made this coming
Spring due on the recent sale of his farm
3rd It was his will and bequest that there should be
paid to his wife in lieu of her dower the sum of three thousand
dollars to be used and kept by her during her life time or so long
as she remained his widow and whenever she died or married
again he desired the principal to return to his estate for the benefit
of his heirs
4th It was his will and bequest that there should be paid
to the three children of his daughter Eunice Stiles each the
sum of fifty dollars to be paid out of the interest to be
paid his estate on the last payment due on the sale of his
farm and this was all he intended for this daughter.
5th It was his will and bequest that there should be paid to
his youngest daughter Sarah Aigen the sum of two thousand
dollars in case the estate holds out to do so and if it did not
hold out to that sum she was to receive the residue which he
hoped would amount to one thousand dollars at least
6th It was his will and bequest that all his household
furniture should all go to his wife.
7th It was his will and bequest that James Cox
should be the executor of this his will which was then and there
made by the said Ephriam Sailsbury in our presence and
then requested us to take notice that that was his will as aforesaid
Witness our hands this 13th day of February 1869
Samuel Stoughton
James Cox
Ephraim Willey
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 469)
Description
[page 469]
[corresponds to labeled page 437 of Will Record Vol. 4 1859 - 1869]
437
Last will of Ephriam Sailsbury decd
In the Probate Court { The State of Ohio
{ Delaware County SS
The undersigned Lemuel Stoughton James Cox
and Ephriam Willey the above named witnesses being duly
Sworn in open Court on this 13th day of February 1869
depose and say that on the 8th day of the present month
the said Ephriam Sailsbury at his own residence called
on these witnesses to notice what his ^verbal will was and then
stated his will to be just as the same is now reduced to
writing as above stated. The said Ephraim was then
in his last sickness and died on the next day
The said Ephriam Sailsbury was then about fifty
five years of age in his full mind and memory and not
under any restraint The said will was reduced to wri=
ting on this day by the Probate Judge within ten days of speaking
the said verbal will
Lemuel Stoughton
James Cox
Ephriam Willey
Subscribed and sworn to before me this 13th day
of February 1869.
T. W. Powell
Probate Judge
____________________________
Record of the Last Will of Sabeers Main decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for Delaware County on the 18th day of March A.D.
1869, at his office in the Town of Delaware Ohio SS
The following is the Journal Entry to wit: -
Will and Estate of Sabeers Main deceased
On this day the last will and testament of Sabeers Main
late of Troy Township in this County was presented to the Court
for probate and record. Thereupon Silas H. Drummond and
Lemuel Drummond the two subscribing witnesses 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 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
thereof was of full age and of sound mind and memory and
not under any restraint, it is therefore ordered that the said
will be admitted to probate and record as duly proved as the
last will and testament of the said Sabeers Main dec'd, and it
is ordered to be recorded as such
Thereupon Jonas Main the Executor named in the will
[corresponds to labeled page 437 of Will Record Vol. 4 1859 - 1869]
437
Last will of Ephriam Sailsbury decd
In the Probate Court { The State of Ohio
{ Delaware County SS
The undersigned Lemuel Stoughton James Cox
and Ephriam Willey the above named witnesses being duly
Sworn in open Court on this 13th day of February 1869
depose and say that on the 8th day of the present month
the said Ephriam Sailsbury at his own residence called
on these witnesses to notice what his ^verbal will was and then
stated his will to be just as the same is now reduced to
writing as above stated. The said Ephraim was then
in his last sickness and died on the next day
The said Ephriam Sailsbury was then about fifty
five years of age in his full mind and memory and not
under any restraint The said will was reduced to wri=
ting on this day by the Probate Judge within ten days of speaking
the said verbal will
Lemuel Stoughton
James Cox
Ephriam Willey
Subscribed and sworn to before me this 13th day
of February 1869.
T. W. Powell
Probate Judge
____________________________
Record of the Last Will of Sabeers Main decd
Proceedings had before Thomas W. Powell Judge of the Probate
Court in and for Delaware County on the 18th day of March A.D.
1869, at his office in the Town of Delaware Ohio SS
The following is the Journal Entry to wit: -
Will and Estate of Sabeers Main deceased
On this day the last will and testament of Sabeers Main
late of Troy Township in this County was presented to the Court
for probate and record. Thereupon Silas H. Drummond and
Lemuel Drummond the two subscribing witnesses 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 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
thereof was of full age and of sound mind and memory and
not under any restraint, it is therefore ordered that the said
will be admitted to probate and record as duly proved as the
last will and testament of the said Sabeers Main dec'd, and it
is ordered to be recorded as such
Thereupon Jonas Main the Executor named in the will
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 470)
Description
[page 470]
[corresponds to labeled page 438 of Will Record Vol. 4 1859 - 1869]
438
Record of the Last will of Sabeers Main deceased
came and qualified himself as such Executor and gave bonds
in the sum of $8000, with Nehemiah Martin and John Veley his
sureties (Letters etc issued)
T. W. Powell
Probate Judge
(Copy of Will)
In the Name of the Benevolent Father of all!
I Sabeers Main of the County of Delaware and State of
Ohio being in good health and of sound mind and memory calling
into mind the mortality of my body and knowing that it is appoi=
nted for man once to die therefore I make and publish this my
last will and testament.
Item 1st I hereby ratify and confirm the sale made between me
and my son Jonas Main, to the farm on which I now live: it being
and situate in the County of Delaware and State of Ohio, and in
Range Nineteen (19) Township Five (5) and Section one (1) for which
he is to pay the sum of Four Thousand Dollars as herein set
forth and for which I hold his notes as followeth, to wit: - to the
Heirs of my son Jas Main decd Three hundred Dollars, to my
son Jonas Main Seven hundred Dollars, to my daughter Hannah
Moses Five hundred and fifty Dollars, to my son John Main
Seven hundred Dollars, to my son Andrew Main Three hundred
and fifty Dollars, to my son Isaac Main Three hundred and
fifty Dollars, to my daughter Rebecca McMasters Five hundred
and twenty five Dollars, and to my Daughter Sarah Ann Waters
Five hundred and twenty five Dollars.
Item 2nd I do hereby nominate and appoint my son Jonas
Main sole Executor of this my last will and testament to
make sale of such property as I may posess at the time
of my death and collict all moneys due (as to debts I owe
none) Pay the expense of my last sickness funeral expenses etc
and divide the sum left amongst the heirs he is not to retain
any share to himself, nor is he to receive any presents on the Four
thousand Dollars, that is his own debt to pay.
I do hereby revoke all former wills by me made
In testimony whereof I hereunto set my hand and seal this Eighth
day of October AD 1862
Signed sealed and acknowledged by said Sabeers Main
as his last will and testament in our presence and in the presence
of each other Sabeers Main {Seal}
Silas H Drummond
Lemuel Drummond { U S Stamps }
{ $2.50. TWP.}
{Copy of Testimony & record thereof}
The State of Ohio }
Delaware County SS } In the matter of the Last will and testament
of Sabeers Main late of Troy Township in this County deceased
[corresponds to labeled page 438 of Will Record Vol. 4 1859 - 1869]
438
Record of the Last will of Sabeers Main deceased
came and qualified himself as such Executor and gave bonds
in the sum of $8000, with Nehemiah Martin and John Veley his
sureties (Letters etc issued)
T. W. Powell
Probate Judge
(Copy of Will)
In the Name of the Benevolent Father of all!
I Sabeers Main of the County of Delaware and State of
Ohio being in good health and of sound mind and memory calling
into mind the mortality of my body and knowing that it is appoi=
nted for man once to die therefore I make and publish this my
last will and testament.
Item 1st I hereby ratify and confirm the sale made between me
and my son Jonas Main, to the farm on which I now live: it being
and situate in the County of Delaware and State of Ohio, and in
Range Nineteen (19) Township Five (5) and Section one (1) for which
he is to pay the sum of Four Thousand Dollars as herein set
forth and for which I hold his notes as followeth, to wit: - to the
Heirs of my son Jas Main decd Three hundred Dollars, to my
son Jonas Main Seven hundred Dollars, to my daughter Hannah
Moses Five hundred and fifty Dollars, to my son John Main
Seven hundred Dollars, to my son Andrew Main Three hundred
and fifty Dollars, to my son Isaac Main Three hundred and
fifty Dollars, to my daughter Rebecca McMasters Five hundred
and twenty five Dollars, and to my Daughter Sarah Ann Waters
Five hundred and twenty five Dollars.
Item 2nd I do hereby nominate and appoint my son Jonas
Main sole Executor of this my last will and testament to
make sale of such property as I may posess at the time
of my death and collict all moneys due (as to debts I owe
none) Pay the expense of my last sickness funeral expenses etc
and divide the sum left amongst the heirs he is not to retain
any share to himself, nor is he to receive any presents on the Four
thousand Dollars, that is his own debt to pay.
I do hereby revoke all former wills by me made
In testimony whereof I hereunto set my hand and seal this Eighth
day of October AD 1862
Signed sealed and acknowledged by said Sabeers Main
as his last will and testament in our presence and in the presence
of each other Sabeers Main {Seal}
Silas H Drummond
Lemuel Drummond { U S Stamps }
{ $2.50. TWP.}
{Copy of Testimony & record thereof}
The State of Ohio }
Delaware County SS } In the matter of the Last will and testament
of Sabeers Main late of Troy Township in this County deceased
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 471)
Description
[page 471]
[corresponds to labeled page 439 of Will Record Vol. 4 1859 - 1869]
439
Record of the Last Will etc of Major Mantor decd
We Silas H. Drummond and Lemuel Drummond being duly sworn
in open Court this 18th day of March AD 1869, depose and say that
we were present at the Execution of the Last will and testament of Sabeers
Main of Troy Township hearunto annexed, bearing date 8th day of
of October 1862; 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
Silas H. Drummond
Lemuel Drummond
Sworn to and subscribed before me in Probate Court, this 18th day of
March AD 1869
T. W. Powell,
Probate Judge
_____________________
Record of Last Will of Major Mantor decd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for Delaware County and State of Ohio, at his
office in the Town of Delaware on the 30th day of March 1869.
The following is the Journal Entry to wit: -
Will and Estate of Major Mantor deceased
On the 24th day May AD 1867 the last will and testament
of Major Mantor late of Porter Township in this County deceased
was presented to this Court for Probate and record. Thereupon
Salmon P. Lott, and William Davy the two subscribing witnesses
to the said Will came into Court and were duly sworn and exam-
ined and their testimony reduced to writing and annexed to the
said will and filed therewith, Thereupon the same was reserved
under consideration until this day; and it now appearing 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; it is thereupon
ordered that the said will be admitted to probate and record as
duly proved as such last will and testament of the said Major
Mantor dec'd, and ordered to be recorded as such (no letters issued)
T. W. Powell
Probate Judge
(Copy of Will)
"Last Will and Testament of Major Mantor"
Porter, Delaware County and State of Ohio.
Know all men by these Presents that I Major Mantor
of the Township of Porter County and State aforesaid, do will
and bequeath all of my property Real and personal Estate that
I now hold and pocess and all that I ever expect to pocess
[corresponds to labeled page 439 of Will Record Vol. 4 1859 - 1869]
439
Record of the Last Will etc of Major Mantor decd
We Silas H. Drummond and Lemuel Drummond being duly sworn
in open Court this 18th day of March AD 1869, depose and say that
we were present at the Execution of the Last will and testament of Sabeers
Main of Troy Township hearunto annexed, bearing date 8th day of
of October 1862; 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
Silas H. Drummond
Lemuel Drummond
Sworn to and subscribed before me in Probate Court, this 18th day of
March AD 1869
T. W. Powell,
Probate Judge
_____________________
Record of Last Will of Major Mantor decd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for Delaware County and State of Ohio, at his
office in the Town of Delaware on the 30th day of March 1869.
The following is the Journal Entry to wit: -
Will and Estate of Major Mantor deceased
On the 24th day May AD 1867 the last will and testament
of Major Mantor late of Porter Township in this County deceased
was presented to this Court for Probate and record. Thereupon
Salmon P. Lott, and William Davy the two subscribing witnesses
to the said Will came into Court and were duly sworn and exam-
ined and their testimony reduced to writing and annexed to the
said will and filed therewith, Thereupon the same was reserved
under consideration until this day; and it now appearing 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; it is thereupon
ordered that the said will be admitted to probate and record as
duly proved as such last will and testament of the said Major
Mantor dec'd, and ordered to be recorded as such (no letters issued)
T. W. Powell
Probate Judge
(Copy of Will)
"Last Will and Testament of Major Mantor"
Porter, Delaware County and State of Ohio.
Know all men by these Presents that I Major Mantor
of the Township of Porter County and State aforesaid, do will
and bequeath all of my property Real and personal Estate that
I now hold and pocess and all that I ever expect to pocess
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 472)
Description
[page 472]
[corresponds to labeled page 440 of Will Record Vol. 4 1859 - 1869]
440
Record of Last Will of Major Mantor deceased
to Lydia Manter, Ananias Mantor and James Jefferson Mantor
that the said Lydia Mantor is to hold her thirds as long as
she remains my widow, in case that she should not out
live me then it is to go to Ananias Mantor and James Jeff=
erson Mantor at my death and in case she out lives me at
Marage or Death it is to go to the two Boys above mentioned
and in case of either of their deaths it is to go to the surviving Boy
My other 4 Boys David Mantor, Walter Mantor, John Mantor
and William Mantor having had more their share already
in Cattle horses time and money - this is ^therefore forever to debar them
from having eney claim on my property personal or real what
I have now or ever may have during my natural life, and at my
death it is to be divided between the aforesaid Wife and Children
as directed, and I here appoint Lydia Mantor as my Admin-
-istratrix with the assistance of Ananias and Jefferson Mantor
to settle off in due form the property to be equally divided
between the two Boys James Jefferson Mantor and Ananias
Mantor to be divided by two disinterested men of their own choice
in case they cant agree, Signed this 27th day of September
1856 in a perfect state of mind calm and sain
Attest Major Mantor
Acknowledged in presence of }
Salmon P. Lott }
W. W. Davy }
(Copy of Testimony & record thereof)
The State of Ohio }
Delaware County SS } In the matter of the Last Will and testament
of Major Mantor late of Porter Township deceased
We Salmon P. Lott and William W. Davy being duly
sworn in open Court this 20th day of April AD 1867, depose and
say, that they were present at the Execution of the last will and
testament of Major Mantor of Porter Township in this County here=
to 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 in his presence
and in the presence of each other
L. P. Lott
W. W. Davy
Sworn to and subscribed before me in the Probate Court this 24th
day of May AD 1867
T W Powell
Probate Judge
_______________________________________
[corresponds to labeled page 440 of Will Record Vol. 4 1859 - 1869]
440
Record of Last Will of Major Mantor deceased
to Lydia Manter, Ananias Mantor and James Jefferson Mantor
that the said Lydia Mantor is to hold her thirds as long as
she remains my widow, in case that she should not out
live me then it is to go to Ananias Mantor and James Jeff=
erson Mantor at my death and in case she out lives me at
Marage or Death it is to go to the two Boys above mentioned
and in case of either of their deaths it is to go to the surviving Boy
My other 4 Boys David Mantor, Walter Mantor, John Mantor
and William Mantor having had more their share already
in Cattle horses time and money - this is ^therefore forever to debar them
from having eney claim on my property personal or real what
I have now or ever may have during my natural life, and at my
death it is to be divided between the aforesaid Wife and Children
as directed, and I here appoint Lydia Mantor as my Admin-
-istratrix with the assistance of Ananias and Jefferson Mantor
to settle off in due form the property to be equally divided
between the two Boys James Jefferson Mantor and Ananias
Mantor to be divided by two disinterested men of their own choice
in case they cant agree, Signed this 27th day of September
1856 in a perfect state of mind calm and sain
Attest Major Mantor
Acknowledged in presence of }
Salmon P. Lott }
W. W. Davy }
(Copy of Testimony & record thereof)
The State of Ohio }
Delaware County SS } In the matter of the Last Will and testament
of Major Mantor late of Porter Township deceased
We Salmon P. Lott and William W. Davy being duly
sworn in open Court this 20th day of April AD 1867, depose and
say, that they were present at the Execution of the last will and
testament of Major Mantor of Porter Township in this County here=
to 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 in his presence
and in the presence of each other
L. P. Lott
W. W. Davy
Sworn to and subscribed before me in the Probate Court this 24th
day of May AD 1867
T W Powell
Probate Judge
_______________________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 473)
Description
[page 473]
[corresponds to labeled page 441 of Will Record Vol. 4 1859 - 1869]
441
Record of Last Will of Sophronia Houseworth deceased
Proceedings had before Thomas W Powell Judge of the
Probate Court in and for Delaware County and State of Ohio
at his office in the town of Delaware on the 5th day of April
AD 1869
The folowing is the Journal Entry to wit: -
April 5th 1869
Will and Estate of Sophronia Houseworth decd
On this day the last will and Testament of Mrs. Sophronia
Houseworth late of Oxford Twp in this County was presented
to this Court for probate and record, And the same having been
duly proved here in open Court by the testimony of the two sub-
scribing witnesses Henry Coleman and Amasa Holt, whose
testimony was reduced to writing and filed with said will being
annexed thereto, It is ordered that said will be admitted to
probate and record is duly proved as the last will and
testament of Sophronia Houseworth deceased (No letters issued)
T.W. Powell
Probate Judge
The following is the will to wit: -
In the Name of the Benevolent Father of All!
I Sophronia Houseworth of Oxford Tp Delaware County
State of Ohio do make and publish this my last will and test=
ament
Item 1st I Give and devise to my son George Houseworth my
Clock and the cash that he now owes me amounting to about
Five Dollars ($5.00)
Item 2nd I give to my Daughter Melissa Smith my set of
Dishes and her indebtedness to me amounting to about Ten Dollars ($10)
Item 3rd I give to my Daughter Dorissa Houseworth my
Cow, all my bedding and House furnishing goods, and
the amounts of money due me from my creditors after my
indebitedness shall have been paid, and also all my bank
pension that is now and may become due and paid by the
Government of the US.
Item 4th I do hereby nominate and appoint Christopher Felkey
Executor of this my last will and testament, hereby authorizing
and empowering him to compromise adjust release and discharge
in such manner as he may deem proper the debts and claims due
me. In testimony hereof I have hereunto set my hand and seal
this 30th day of January in the year 1868
her
Sophronia X Houseworth
mark
Signed and acknowledge by said Sophronia Houseworth as
her last will and testament in our presence and signed
by us in her presence Henry Coleman
Amasa Holt
(over)
[corresponds to labeled page 441 of Will Record Vol. 4 1859 - 1869]
441
Record of Last Will of Sophronia Houseworth deceased
Proceedings had before Thomas W Powell Judge of the
Probate Court in and for Delaware County and State of Ohio
at his office in the town of Delaware on the 5th day of April
AD 1869
The folowing is the Journal Entry to wit: -
April 5th 1869
Will and Estate of Sophronia Houseworth decd
On this day the last will and Testament of Mrs. Sophronia
Houseworth late of Oxford Twp in this County was presented
to this Court for probate and record, And the same having been
duly proved here in open Court by the testimony of the two sub-
scribing witnesses Henry Coleman and Amasa Holt, whose
testimony was reduced to writing and filed with said will being
annexed thereto, It is ordered that said will be admitted to
probate and record is duly proved as the last will and
testament of Sophronia Houseworth deceased (No letters issued)
T.W. Powell
Probate Judge
The following is the will to wit: -
In the Name of the Benevolent Father of All!
I Sophronia Houseworth of Oxford Tp Delaware County
State of Ohio do make and publish this my last will and test=
ament
Item 1st I Give and devise to my son George Houseworth my
Clock and the cash that he now owes me amounting to about
Five Dollars ($5.00)
Item 2nd I give to my Daughter Melissa Smith my set of
Dishes and her indebtedness to me amounting to about Ten Dollars ($10)
Item 3rd I give to my Daughter Dorissa Houseworth my
Cow, all my bedding and House furnishing goods, and
the amounts of money due me from my creditors after my
indebitedness shall have been paid, and also all my bank
pension that is now and may become due and paid by the
Government of the US.
Item 4th I do hereby nominate and appoint Christopher Felkey
Executor of this my last will and testament, hereby authorizing
and empowering him to compromise adjust release and discharge
in such manner as he may deem proper the debts and claims due
me. In testimony hereof I have hereunto set my hand and seal
this 30th day of January in the year 1868
her
Sophronia X Houseworth
mark
Signed and acknowledge by said Sophronia Houseworth as
her last will and testament in our presence and signed
by us in her presence Henry Coleman
Amasa Holt
(over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 474)
Description
[page 474]
[corresponds to labeled page 442 of Will Record Vol. 4 1859 - 1869]
442
Record of Last Will of Sophronia Houseworth decd
The State of Ohio }
Delaware County SS } In the matter of the Last Will and
Testament of Sophronia Houseworth late of Oxford Tp in
this County deceased
We Henry Coleman and Amasa Holt being duly
sworn in open Court this 5th day of April AD 1869, depose
and say that we were present at the execution of the last will
and testament of Sophronia Houseworth of Oxford Tp in this County
hereto annexed bearng date 30th day of January 1868, that we
saw the said testatrix subscribe the 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 in her presence and in the presence of each other
Henry Coleman
Amasa Holt
Sworn to and subscribed before me in the Probate Court this
5th day of April AD 1869
T. W. Powell
Probate Judge
_____________________________________
Record of Last Will of Mathew Bacom dec'd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for Delaware County and State of Ohio, at his
office in the Town of Delaware, on the 14th day of April AD
1869.
The following is the Journal Entry to wit: -
April 14th 1869
Estate of Mathew Bacom deceased
On this day the last will and testament of Mathew Bacom
late of Porter Township deceased was presented to this Court
for probate and record. Thereupon Edmond B Masher one
of the subscribing witnesses came into court and was duly sworn
and examined and his testimony reduced to writing and
annexed to the said will and filed therewith, And at the same
time the deposition of Harvey Haeslett to prove the death
and absence of the other witnesses to 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 executing the same
was of full age of sound mind and memory and not under
any restraint, it is ordered that the said will be admitted
to probate and record in said probate court as duly proved as
the last will and testament of Mathew Bacom deceased, and
ordered to be recorded as such
T W Powell Probate Judge
[corresponds to labeled page 442 of Will Record Vol. 4 1859 - 1869]
442
Record of Last Will of Sophronia Houseworth decd
The State of Ohio }
Delaware County SS } In the matter of the Last Will and
Testament of Sophronia Houseworth late of Oxford Tp in
this County deceased
We Henry Coleman and Amasa Holt being duly
sworn in open Court this 5th day of April AD 1869, depose
and say that we were present at the execution of the last will
and testament of Sophronia Houseworth of Oxford Tp in this County
hereto annexed bearng date 30th day of January 1868, that we
saw the said testatrix subscribe the 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 in her presence and in the presence of each other
Henry Coleman
Amasa Holt
Sworn to and subscribed before me in the Probate Court this
5th day of April AD 1869
T. W. Powell
Probate Judge
_____________________________________
Record of Last Will of Mathew Bacom dec'd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for Delaware County and State of Ohio, at his
office in the Town of Delaware, on the 14th day of April AD
1869.
The following is the Journal Entry to wit: -
April 14th 1869
Estate of Mathew Bacom deceased
On this day the last will and testament of Mathew Bacom
late of Porter Township deceased was presented to this Court
for probate and record. Thereupon Edmond B Masher one
of the subscribing witnesses came into court and was duly sworn
and examined and his testimony reduced to writing and
annexed to the said will and filed therewith, And at the same
time the deposition of Harvey Haeslett to prove the death
and absence of the other witnesses to 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 executing the same
was of full age of sound mind and memory and not under
any restraint, it is ordered that the said will be admitted
to probate and record in said probate court as duly proved as
the last will and testament of Mathew Bacom deceased, and
ordered to be recorded as such
T W Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 475)
Description
[page 475]
[corresponds to labeled page 443 of Will Record Vol. 4 1859 - 1869]
443
Record of Last Will of Mathew Bacom deceased
(Copy of Will)
In the name of the Benevolent Father of all!
I Mathew Beacom Senior of the Township of Porter
County of Delaware and State of Ohio being of sound mind
and memory do make and publish this my last will and
Testament.
I give and bequeath to my Daughter Adella Beacom
Three hundred Dollars in money.
Then after paying my Just debts and funeral expenses I give
and bequeath to my children Mathew Beacom, Junior, John Beacom
and Adella Beacom my Daughter above named, all the residue
of my property in Equal proportions
I hereby constitute and appoint Salmon P. Lott Executor
of this my last will and testament.
In testimony whereof I have hereunto set my hand
and seal this 14th day of August AD 1867.
Mathew Beacom {Seal}
Signed and acknowledge in our presents and in presence of
each other
E B Mosher {U S Stamps }
H B Liggett {$2.00 Apl 14th 1869 }
S P Lott { T W Powell }
{End of Will}
(Copy of Testimony & Record thereof)
The State of Ohio }
Delaware County SS } In the matter of the Last will and testament
of Mathew Beacom late of Porter Township in this County
deceased
K Edmond B Mosher being duly sworn in open
Court this 14th day of April AD 1869 depose and say that
we = - this affiant, H B Liggett and Salmon P Lott, were present
at the Execution of the last will and testament of Mathew
Bacom of Porter Township in this County deceased, hereto
annexed bearing date 14th day of August 1867: 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 of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and
in his presence, and in presence of each other, and the affiant
further says that the said S P. Lott is now deceased, and that the
said H B Liggett one of the witnesses has gone out of the Country to
parts unknown and his present residence if alive is now unknown
to the Citizens of his former residence
E B Mosher
Sworn to and subscribed before me, in the Probate Court, this 14th
day of April AD 1869
T W Powell
Probate Judge
[corresponds to labeled page 443 of Will Record Vol. 4 1859 - 1869]
443
Record of Last Will of Mathew Bacom deceased
(Copy of Will)
In the name of the Benevolent Father of all!
I Mathew Beacom Senior of the Township of Porter
County of Delaware and State of Ohio being of sound mind
and memory do make and publish this my last will and
Testament.
I give and bequeath to my Daughter Adella Beacom
Three hundred Dollars in money.
Then after paying my Just debts and funeral expenses I give
and bequeath to my children Mathew Beacom, Junior, John Beacom
and Adella Beacom my Daughter above named, all the residue
of my property in Equal proportions
I hereby constitute and appoint Salmon P. Lott Executor
of this my last will and testament.
In testimony whereof I have hereunto set my hand
and seal this 14th day of August AD 1867.
Mathew Beacom {Seal}
Signed and acknowledge in our presents and in presence of
each other
E B Mosher {U S Stamps }
H B Liggett {$2.00 Apl 14th 1869 }
S P Lott { T W Powell }
{End of Will}
(Copy of Testimony & Record thereof)
The State of Ohio }
Delaware County SS } In the matter of the Last will and testament
of Mathew Beacom late of Porter Township in this County
deceased
K Edmond B Mosher being duly sworn in open
Court this 14th day of April AD 1869 depose and say that
we = - this affiant, H B Liggett and Salmon P Lott, were present
at the Execution of the last will and testament of Mathew
Bacom of Porter Township in this County deceased, hereto
annexed bearing date 14th day of August 1867: 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 of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and
in his presence, and in presence of each other, and the affiant
further says that the said S P. Lott is now deceased, and that the
said H B Liggett one of the witnesses has gone out of the Country to
parts unknown and his present residence if alive is now unknown
to the Citizens of his former residence
E B Mosher
Sworn to and subscribed before me, in the Probate Court, this 14th
day of April AD 1869
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 476)
Description
[page 476]
[corresponds to labeled page 444 of Will Record Vol. 4 1859 - 1869]
444
Record of the Last will of Salmon Moses deceased
And also at the same time and place came Harvey Haselett who
being duly sworn upon his oath says that he was well acquainted
with S P Lott and H B Leggett two of the witnesses to the
annexed will of Mathew Bacom dec'd and was well acquainted
with their hand writing and beleive and have no doubt that
their signatures to said will as witnesses are true and genuine
that said Lott is now dead and said Liggett has departed
the Country and gone to parts unknown
H Heaslett
Sworn to before me and subscribed in my presence this 14th
day of April 1869
T W Powell
Probate Judge
______________________________
Record of the Last Will of Salmon Moses dec'd
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 22nd day of April
AD 1869.
The following is the Journal Entry in this case, to wit: -
On the 10th day of the present month the last will and testament
of Salmon Moses late of Liberty Township in this County decd was
presented in Court for probate and record, thereupon George
Hall and Thomas Wright the two subscribing witnesses to the
said will came into Court and were duly sworn & examined
and their testimony reduced to writing and annexed to the
will and filed therewith: and afterwards on this day for
the purpose of proving the codicil annexed to the said will
came into Court George Hall and Mary H Hall the two
subscribing witnesses thereto who being duly sworn and exam-
ined and their testimony reduced to writing ^and annexed to the Codicil and filed therewith
Thereupon the Court finds that the said will and Codicil were
duly executed and attested and that the said Testator at the
several times of the Execution thereof was of full age of sound mind
and memory and not under any restraint, it is therefore considered
and ordered that the said will and Codicil be admitted to probate
and record as duly proved as the last will and testament and
codicil thereto annexed of the said Salmon Moses decd and be
recorded as such. Thereupon Russell B Moses and Flavel Moses
the Executors named in the will, came into Court and accepted
letters testimentary upon the said will and Estate, who gave
bonds in the sum of $3000 with George Hall and Thomas Wright
as their sureties to pay debts and legacies etc according to law
No appraisement to be made
T W Powell
Probate Judge
[corresponds to labeled page 444 of Will Record Vol. 4 1859 - 1869]
444
Record of the Last will of Salmon Moses deceased
And also at the same time and place came Harvey Haselett who
being duly sworn upon his oath says that he was well acquainted
with S P Lott and H B Leggett two of the witnesses to the
annexed will of Mathew Bacom dec'd and was well acquainted
with their hand writing and beleive and have no doubt that
their signatures to said will as witnesses are true and genuine
that said Lott is now dead and said Liggett has departed
the Country and gone to parts unknown
H Heaslett
Sworn to before me and subscribed in my presence this 14th
day of April 1869
T W Powell
Probate Judge
______________________________
Record of the Last Will of Salmon Moses dec'd
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 22nd day of April
AD 1869.
The following is the Journal Entry in this case, to wit: -
On the 10th day of the present month the last will and testament
of Salmon Moses late of Liberty Township in this County decd was
presented in Court for probate and record, thereupon George
Hall and Thomas Wright the two subscribing witnesses to the
said will came into Court and were duly sworn & examined
and their testimony reduced to writing and annexed to the
will and filed therewith: and afterwards on this day for
the purpose of proving the codicil annexed to the said will
came into Court George Hall and Mary H Hall the two
subscribing witnesses thereto who being duly sworn and exam-
ined and their testimony reduced to writing ^and annexed to the Codicil and filed therewith
Thereupon the Court finds that the said will and Codicil were
duly executed and attested and that the said Testator at the
several times of the Execution thereof was of full age of sound mind
and memory and not under any restraint, it is therefore considered
and ordered that the said will and Codicil be admitted to probate
and record as duly proved as the last will and testament and
codicil thereto annexed of the said Salmon Moses decd and be
recorded as such. Thereupon Russell B Moses and Flavel Moses
the Executors named in the will, came into Court and accepted
letters testimentary upon the said will and Estate, who gave
bonds in the sum of $3000 with George Hall and Thomas Wright
as their sureties to pay debts and legacies etc according to law
No appraisement to be made
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 477)
Description
[page 477]
[corresponds to labeled page 445 of Will Record Vol. 4 1859 - 1869]
445
Record of the Last Will of Salmon Moses deceased
(Copy of the Will)
In the Name of the Benevolent Father of all~!
I Salmon Moses of Liberty Township Delaware
County Ohio do make and publish this my last will and testament
Item 1st I give and bequeath to my son Russell B Moses all
my Real Estate and Farming utensils
Item 2nd I give and bequeath to my Daughter Flora Moses
all of my personal property except Farming utensils including
what stock I may have viz the undivided half of the stock on
the farm also all my notes bonds & money also all my house
hold & kitchen Furniture
Item 3rd I do hereby nominate and appoint Russell B Moses
and Flavel Moses Executors of of this my last will and Testament
hereby authorizing them to compromise adjust and discharge
in such manner as they may deem proper the debts and claims
due me
Item 4th I give to my son Flavel Moses above what I have
heretofore given him Five Dollars
Item 5th I give to my daughter Dorcas Pike above what I have
heretofore given her Five Dollars
In testimony hereof I have hereunto set my hand and
seal this 18th day of June AD 1867
Salmon Moses {Seal}
Signed and acknowledged by said Salmon Moses as his last
will and testament in our presence and signed by us in his
presence Thomas Wright
George Hall
Codicil
Whereas I Salmon Moses on the 18th day of June in the year
1867 made my last will and testament of that day do hereby
declare the following to be a Codicil to the same
I do hereby give and bequeath to my daughter Flora
Moses the house which I now occupy and two acres of land
therewith viz bigining on the East with the East side of the garden
south with the south side of the garden and running west far
enough to contain two acres of land exclusive of the road,
said Flora Moses to have said premises so long as she may
wish to occupy the same
I do further bequeath that said Flora Moses shall have a
Cow kept on the ^farm for her use so long as she may occupy
the said house. Salmon Moses {Seal}
Signed and acknowledged by said Salmon Moses as a
Codicil to his last will and testament in our presence and
signed by us in his presence this 1st day of July 1868
George Hall
Mary A. Hall
(Copy of testimony - over)
[corresponds to labeled page 445 of Will Record Vol. 4 1859 - 1869]
445
Record of the Last Will of Salmon Moses deceased
(Copy of the Will)
In the Name of the Benevolent Father of all~!
I Salmon Moses of Liberty Township Delaware
County Ohio do make and publish this my last will and testament
Item 1st I give and bequeath to my son Russell B Moses all
my Real Estate and Farming utensils
Item 2nd I give and bequeath to my Daughter Flora Moses
all of my personal property except Farming utensils including
what stock I may have viz the undivided half of the stock on
the farm also all my notes bonds & money also all my house
hold & kitchen Furniture
Item 3rd I do hereby nominate and appoint Russell B Moses
and Flavel Moses Executors of of this my last will and Testament
hereby authorizing them to compromise adjust and discharge
in such manner as they may deem proper the debts and claims
due me
Item 4th I give to my son Flavel Moses above what I have
heretofore given him Five Dollars
Item 5th I give to my daughter Dorcas Pike above what I have
heretofore given her Five Dollars
In testimony hereof I have hereunto set my hand and
seal this 18th day of June AD 1867
Salmon Moses {Seal}
Signed and acknowledged by said Salmon Moses as his last
will and testament in our presence and signed by us in his
presence Thomas Wright
George Hall
Codicil
Whereas I Salmon Moses on the 18th day of June in the year
1867 made my last will and testament of that day do hereby
declare the following to be a Codicil to the same
I do hereby give and bequeath to my daughter Flora
Moses the house which I now occupy and two acres of land
therewith viz bigining on the East with the East side of the garden
south with the south side of the garden and running west far
enough to contain two acres of land exclusive of the road,
said Flora Moses to have said premises so long as she may
wish to occupy the same
I do further bequeath that said Flora Moses shall have a
Cow kept on the ^farm for her use so long as she may occupy
the said house. Salmon Moses {Seal}
Signed and acknowledged by said Salmon Moses as a
Codicil to his last will and testament in our presence and
signed by us in his presence this 1st day of July 1868
George Hall
Mary A. Hall
(Copy of testimony - over)
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 478)
Description
[page 478]
[corresponds to labeled page 446 of Will Record Vol. 4 1859 - 1869]
446 Last
Record of the Last will of Salmon Moses dec'd
The State of Ohio }
Delaware County SS } In the matter of the Last will and
Testament of Salmon Moses late of Liberty Township
in this County deceased
We Thomas Wright and George Hall being duly sworn
in open Court this 10th day of April AD 1869, depose and say
that we were present at the Execution of the last will and testament
of Salmon Moses of Liberty Township in this County hereunto
annexed bearing date 18th day of June 1867: 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
Thomas Wright
George Hall
Sworn to and subscribed before me in the Probate Court this 10th day
of April AD 1869 T. W. Powell,
Probate Judge,
(Copy of proof of Codicil)
The State of Ohio }
Delaware County SS } In the matter of the last will and testament
of Salmon Moses late of Liberty Twp in this County deceased
We George Hall and Mary A. Hall being duly
sworn in open Court this 22nd day of April AD 1869 depose and
say that we were present at the execution of the Codicil to the last
will and testament of Salmon Moses of Liberty Township hereto
annexed bearing date the 1st day of July 1868, that we saw the
said testator subscribe said Codicil to 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 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
George Hall
Mary A Hall
Sworn to and subscribed before me in the Probate Court this 22nd
day of April AD 1869 T. W. Powell
Probate Judge
_____________________________
[corresponds to labeled page 446 of Will Record Vol. 4 1859 - 1869]
446 Last
Record of the Last will of Salmon Moses dec'd
The State of Ohio }
Delaware County SS } In the matter of the Last will and
Testament of Salmon Moses late of Liberty Township
in this County deceased
We Thomas Wright and George Hall being duly sworn
in open Court this 10th day of April AD 1869, depose and say
that we were present at the Execution of the last will and testament
of Salmon Moses of Liberty Township in this County hereunto
annexed bearing date 18th day of June 1867: 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
Thomas Wright
George Hall
Sworn to and subscribed before me in the Probate Court this 10th day
of April AD 1869 T. W. Powell,
Probate Judge,
(Copy of proof of Codicil)
The State of Ohio }
Delaware County SS } In the matter of the last will and testament
of Salmon Moses late of Liberty Twp in this County deceased
We George Hall and Mary A. Hall being duly
sworn in open Court this 22nd day of April AD 1869 depose and
say that we were present at the execution of the Codicil to the last
will and testament of Salmon Moses of Liberty Township hereto
annexed bearing date the 1st day of July 1868, that we saw the
said testator subscribe said Codicil to 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 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
George Hall
Mary A Hall
Sworn to and subscribed before me in the Probate Court this 22nd
day of April AD 1869 T. W. Powell
Probate Judge
_____________________________
Title
Delaware County Ohio Will Records Vol. 4 1859-1869 (p. 480)
Description
Will Record 4 1859 = 1869
inside back red cover
inside back red cover
Dublin Core
Title
Delaware County Ohio Will Records Vol. 4 1859-1869
Subject
Delaware County--Will Records--Ohio--1859-1869
Description
Delaware County Ohio Will Records Vol. 4 1859-1869. This book is located at the Delaware County Records Center at 2079 US 23 North PO Box 8006 Delaware Ohio, 43015
Creator
Decedents of Delaware County, Ohio, 1859-1869
Date
1859-1869
Contributor
Delaware County Court Probate Judge: I. Ranny; Delaware County Court Probate Judge: T.W. Powell
Rights
http://rightsstatements.org/vocab/NoC-US/1.0/
Format
Book
Language
English
Type
Still Image
Text
Text
Identifier
92961137
Collection
Citation
Decedents of Delaware County, Ohio, 1859-1869, “Delaware County Ohio Will Records Vol. 4 1859-1869,” Delaware County Memory, accessed December 22, 2024, http://delawarecountymemory.org/items/show/122.