Delaware County Ohio Will Records Vol. 5 1869-1876
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 1)
Description
[page 1]
[corresponds to cover of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to cover of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 2)
Description
[page 2]
[corresponds to inside cover of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to inside cover of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 3)
Description
[page 3]
[corresponds to additional inside cover page of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to additional inside cover page of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 4)
Description
[page 4]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 5)
Description
[page 5]
[corresponds to page A of Delaware County Will Records Vol. 5 1869-1876]
Andress Lucy R. Page 64
Alexander James ,,247
Adams Elijah Will of ,, 277 Case No 2294
Abraham James Will of ,,321,,
Adams Elias Will of ,,338
Arnold Nathan Will of ,,376
[corresponds to page A of Delaware County Will Records Vol. 5 1869-1876]
Andress Lucy R. Page 64
Alexander James ,,247
Adams Elijah Will of ,, 277 Case No 2294
Abraham James Will of ,,321,,
Adams Elias Will of ,,338
Arnold Nathan Will of ,,376
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 6)
Description
[page 6]
[corresponds to back of page A of Delaware County Will Records Vol. 5 1869-1876]
Will Records 1869 - 76
[corresponds to back of page A of Delaware County Will Records Vol. 5 1869-1876]
Will Records 1869 - 76
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 7)
Description
[page 7]
[corresponds to page B of Delaware County Will Records Vol. 5 1869-1876]
Bebb John Page 66
Black Marshall ,, ,, 74.
Bachman Bathsheba ,, ,, 78
Baker Ignatius ,, ,, 93
Baker Henry ,, ,, 111
Blackman Ira ,, ,, 131 & 32
Babcock David ,, ,, 162
Bricker Christopher C ,, 185 Case No 2149
Budd John ,, 222.
Bierce Margaret ,, 264 Case No 2229
Bader Martin Will of ,, 281
Blackman Sally Will of ,, 312 (312)
Bartholomew Major Will of ,, 344
Black Christian ,, 347 Case No 2455
Brecht Martha R Will of ,, 382
Bedow George A Will of ,, 389
,,
Bonner Henry Will of ,, 428
[corresponds to page B of Delaware County Will Records Vol. 5 1869-1876]
Bebb John Page 66
Black Marshall ,, ,, 74.
Bachman Bathsheba ,, ,, 78
Baker Ignatius ,, ,, 93
Baker Henry ,, ,, 111
Blackman Ira ,, ,, 131 & 32
Babcock David ,, ,, 162
Bricker Christopher C ,, 185 Case No 2149
Budd John ,, 222.
Bierce Margaret ,, 264 Case No 2229
Bader Martin Will of ,, 281
Blackman Sally Will of ,, 312 (312)
Bartholomew Major Will of ,, 344
Black Christian ,, 347 Case No 2455
Brecht Martha R Will of ,, 382
Bedow George A Will of ,, 389
,,
Bonner Henry Will of ,, 428
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 8)
Description
[page 8]
[corresponds to page C of Delaware County Will Records Vol. 5 1869-1876]
Page
Carney Elijah ,, 11
Cruickshank David G ,, 19
Curtis Sarah ,, 27
Curtiss Caty ,, 98 Case No 1970
Carpenter Orr ,, 100
Collum Thomas A Will ,, 232
Carpenter Homer Will of ,, 279 Case No 2295
Campbell Chester Will of ,, 329 " " 2408
Closson Cornelius Will of ,, 330 Case No 2405
Condit Jotham Will of ,, 353 " " 2471
Cline Henry Sen Will of ,, 355
Christ Jonathan deceased Will of ,, 375
Case Riley deceased ,, 381 Case No 2479
Colvin Susan deceased Will of ,, 394 " " 2554
Cline Jacob B deceased Will of ,, 401 " " 2557
Cook Maria M Will of ,, 407 " " 2652
Cunningham John Will of ,, 410
Coonfare Peter Will of ,, 423
Case Lucinda ,, ,, 423 Case No 2638
Coldron Abagail 437 " " 2640
[corresponds to page C of Delaware County Will Records Vol. 5 1869-1876]
Page
Carney Elijah ,, 11
Cruickshank David G ,, 19
Curtis Sarah ,, 27
Curtiss Caty ,, 98 Case No 1970
Carpenter Orr ,, 100
Collum Thomas A Will ,, 232
Carpenter Homer Will of ,, 279 Case No 2295
Campbell Chester Will of ,, 329 " " 2408
Closson Cornelius Will of ,, 330 Case No 2405
Condit Jotham Will of ,, 353 " " 2471
Cline Henry Sen Will of ,, 355
Christ Jonathan deceased Will of ,, 375
Case Riley deceased ,, 381 Case No 2479
Colvin Susan deceased Will of ,, 394 " " 2554
Cline Jacob B deceased Will of ,, 401 " " 2557
Cook Maria M Will of ,, 407 " " 2652
Cunningham John Will of ,, 410
Coonfare Peter Will of ,, 423
Case Lucinda ,, ,, 423 Case No 2638
Coldron Abagail 437 " " 2640
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 9)
Description
[page 9]
[corresponds to page D of Delaware County Will Records Vol. 5 1869-1876]
Page
Dodd Wm C ,, ,, 26 Case No 1851 Page
Dowell Samuel - ,, ,, 124
Dewitt Paul ,, ,, 150
Davids Sylvanus Thos and
Benjm F Executres Page .182
Dusenberry Daniel ,, ,,192
Dustin Nathan ,, ,,.236.
Davies James Will of ,, ,, .261 Case No 2270
Doby Samuel B Will of ,, .284
Dodge Clarinda Will of ,, ,,332
Dutton George Will of ,, ,,362
Dawes John ,, ,, 447
[corresponds to page D of Delaware County Will Records Vol. 5 1869-1876]
Page
Dodd Wm C ,, ,, 26 Case No 1851 Page
Dowell Samuel - ,, ,, 124
Dewitt Paul ,, ,, 150
Davids Sylvanus Thos and
Benjm F Executres Page .182
Dusenberry Daniel ,, ,,192
Dustin Nathan ,, ,,.236.
Davies James Will of ,, ,, .261 Case No 2270
Doby Samuel B Will of ,, .284
Dodge Clarinda Will of ,, ,,332
Dutton George Will of ,, ,,362
Dawes John ,, ,, 447
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 10)
Description
[page 10]
[corresponds to page E of Delaware County Will Records Vol. 5 1869-1876]
Evans Evans Page 2
Evans Evan ,, 58 Case No 1920
Evans Mary J ,, 62 Case No 1919
Eklebury Jacob ,, 87 " " 1950
Evans Robert ,, 240
Eaton Joseph deceased Will of -- ,, 396 441 Case No 2653
Ellmore Sally Will of ,, 364 Case No 2478
[corresponds to page E of Delaware County Will Records Vol. 5 1869-1876]
Evans Evans Page 2
Evans Evan ,, 58 Case No 1920
Evans Mary J ,, 62 Case No 1919
Eklebury Jacob ,, 87 " " 1950
Evans Robert ,, 240
Eaton Joseph deceased Will of -- ,, 396 441 Case No 2653
Ellmore Sally Will of ,, 364 Case No 2478
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 11)
Description
[page 11]
[corresponds to page F of Delaware County Will Records Vol. 5 1869-1876]
Page
Fowler James B ,, 16
Fry Jacob ,, 21 Case No. 1838
Freshwater Mary ,, 29
Fairchild B. M ,, 169
Fleming Isaac ,, 199
Fowler Charles M ,, 214
Fleming Henry C ,, 266
Finley Samuel ,, 283
Fate Sarah A. ,, 299
Forwood William R ,, 319 Case No 2373
Fegley Henry Will of ,, 358
Farrier John C Will of ,, 383
Faris James ,, ,, 443
[corresponds to page F of Delaware County Will Records Vol. 5 1869-1876]
Page
Fowler James B ,, 16
Fry Jacob ,, 21 Case No. 1838
Freshwater Mary ,, 29
Fairchild B. M ,, 169
Fleming Isaac ,, 199
Fowler Charles M ,, 214
Fleming Henry C ,, 266
Finley Samuel ,, 283
Fate Sarah A. ,, 299
Forwood William R ,, 319 Case No 2373
Fegley Henry Will of ,, 358
Farrier John C Will of ,, 383
Faris James ,, ,, 443
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 12)
Description
[page 12]
[corresponds to page G of Delaware County Will Records Vol. 5 1869-1876]
George Fanny Page 45
Gaston James H. ,, 71
Griffiths David ,, 105
Grady Miles ,, 168
Green A J ,, 190
Griffiths May ,, 351 Case No 2463
Griffin Patrick deceased Will of ,, 393.
[corresponds to page G of Delaware County Will Records Vol. 5 1869-1876]
George Fanny Page 45
Gaston James H. ,, 71
Griffiths David ,, 105
Grady Miles ,, 168
Green A J ,, 190
Griffiths May ,, 351 Case No 2463
Griffin Patrick deceased Will of ,, 393.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 13)
Description
[page 13]
[corresponds to page H of Delaware County Will Records Vol. 5 1869-1876]
Houg John Page 136
Houts Lucinda ,, 140
Heinn Andrew ,, 144
Havens Jesse ,, 216 Case No 2165
Herron Julia ,, 217
Hair Ester ,, 220 Case No 2190
Herron Hanora ,, 228 Case No 2193
Heddrick Jacob ,, 245
Holmes Jesse ,, 219
Howe Emily ,, 286
Healy Ebenezer ,, 291
Humphrey John ,, 303
Hames John ,, 361
Holmes Jesse Will of ,, 373
Hamilton John Will of ,, 387
Humphrey Eber Will of 432
[corresponds to page H of Delaware County Will Records Vol. 5 1869-1876]
Houg John Page 136
Houts Lucinda ,, 140
Heinn Andrew ,, 144
Havens Jesse ,, 216 Case No 2165
Herron Julia ,, 217
Hair Ester ,, 220 Case No 2190
Herron Hanora ,, 228 Case No 2193
Heddrick Jacob ,, 245
Holmes Jesse ,, 219
Howe Emily ,, 286
Healy Ebenezer ,, 291
Humphrey John ,, 303
Hames John ,, 361
Holmes Jesse Will of ,, 373
Hamilton John Will of ,, 387
Humphrey Eber Will of 432
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 14)
Description
[page 14]
[corresponds to page J of Delaware County Will Records Vol. 5 1869-1876]
Jones Thomas Case No 1916 Page 67
Janes Chas C. ,, 69
Johnson John C Case No 2160 ,, 189
Jacobus John .C ,, 243
Jones Sarah Will Case No 2290 ,, 276
Jackson George A Will of ,, 341
Jones William F Will of ,, 371
[corresponds to page J of Delaware County Will Records Vol. 5 1869-1876]
Jones Thomas Case No 1916 Page 67
Janes Chas C. ,, 69
Johnson John C Case No 2160 ,, 189
Jacobus John .C ,, 243
Jones Sarah Will Case No 2290 ,, 276
Jackson George A Will of ,, 341
Jones William F Will of ,, 371
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 15)
Description
[page 15]
[corresponds to page K of Delaware County Will Records Vol. 5 1869-1876]
Kent James George Hall & P P Slack Executors Page ,, 177
Kaufman Christian John Biggs Admt ,, 323
Kelly John Will of ,, 357.
[corresponds to page K of Delaware County Will Records Vol. 5 1869-1876]
Kent James George Hall & P P Slack Executors Page ,, 177
Kaufman Christian John Biggs Admt ,, 323
Kelly John Will of ,, 357.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 16)
Description
[page 16]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 17)
Description
[corresponds to page L of Delaware County Will Records Vol. 5 1869-1876]
Page
Lindsey Wm E 14
Longshore Cyrus ,, 90
Linnaberry Joseph ,, 123
Lawson Sarah ,, 172
Longwell Ezekiel Will of ,, 234
Longwell James Will of ,, 272
Landon Lydia Will of '' 369 Case No 2453
Lavender Thos ,, ,, 416
Lodwig John ,, ,, 439
Page
Lindsey Wm E 14
Longshore Cyrus ,, 90
Linnaberry Joseph ,, 123
Lawson Sarah ,, 172
Longwell Ezekiel Will of ,, 234
Longwell James Will of ,, 272
Landon Lydia Will of '' 369 Case No 2453
Lavender Thos ,, ,, 416
Lodwig John ,, ,, 439
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 18)
Description
[page 18]
[corresponds to page M of Delaware County Will Records Vol. 5 1869-1876]
McAllister Lucinda decd Page 33 Case No 1794
Miller Adam ,, ,, 42 Case No 1896
Meminger Maria ,, ,, 44 " " 1898
Mendenhall Joel Z. ,, ,, 95
McIntire Jane ,, ,, 102
McKitrick James ,, ,, 118
Miller William ,, ,, 129
Main Eleazer ,, ,, 142
Markwith Richard J ,, ,, 147 Case No 2051
McIlvain Greer ,, ,, 165
McElroy James K ,, ,, 196
Myers Isaac ,, ,, 239
Meeker Elisha[illegible] ,, ,, 253
Mc Master R. G. Mrs McMaster & other Executors Page .259
Maugans Joseph Will of ,, 274
Mannix Elisabeth " 294 Case No 2323
McNeal Samuel N Will of ,, 306
McPhillips Joseph Will of ,, 310
Maynard Moses Will of Recorded ,, 379. Case No 2516
[corresponds to page M of Delaware County Will Records Vol. 5 1869-1876]
McAllister Lucinda decd Page 33 Case No 1794
Miller Adam ,, ,, 42 Case No 1896
Meminger Maria ,, ,, 44 " " 1898
Mendenhall Joel Z. ,, ,, 95
McIntire Jane ,, ,, 102
McKitrick James ,, ,, 118
Miller William ,, ,, 129
Main Eleazer ,, ,, 142
Markwith Richard J ,, ,, 147 Case No 2051
McIlvain Greer ,, ,, 165
McElroy James K ,, ,, 196
Myers Isaac ,, ,, 239
Meeker Elisha[illegible] ,, ,, 253
Mc Master R. G. Mrs McMaster & other Executors Page .259
Maugans Joseph Will of ,, 274
Mannix Elisabeth " 294 Case No 2323
McNeal Samuel N Will of ,, 306
McPhillips Joseph Will of ,, 310
Maynard Moses Will of Recorded ,, 379. Case No 2516
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 19)
Description
[page 19]
[corresponds to page N of Delaware County Will Records Vol. 5 1869-1876]
Nusi, Earhart Page 212
Nettleton, Nathen 426
[corresponds to page N of Delaware County Will Records Vol. 5 1869-1876]
Nusi, Earhart Page 212
Nettleton, Nathen 426
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 20)
Description
[page 20]
[corresponds to page O of Delaware County Will Records Vol. 5 1869-1876]
Page
O'Connor Thomas decd ,, ,, 30
Oneus Thomas decd ,, ,, 80
Owens, Evan decd ,, ,, Page 157
O'Conner, Maurice decd Will of ,, 404 Case No 2526
[corresponds to page O of Delaware County Will Records Vol. 5 1869-1876]
Page
O'Connor Thomas decd ,, ,, 30
Oneus Thomas decd ,, ,, 80
Owens, Evan decd ,, ,, Page 157
O'Conner, Maurice decd Will of ,, 404 Case No 2526
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 21)
Description
[corresponds to page P of Delaware County Will Records Vol. 5 1869-1876]
Page
Potter Asohel 8
Potter Joseph ,, 72
Patterson Betsey ,, 76 Case No 1899
Patterson Barnabus ,, 180
Peall Aaron ,, 187
Powell Robert ,, 226
Payne N H ,, 229 Case No 2206
Patterson James Will of ,, 255
Phinney Jonathan Will of ,, 262
Perry David Will of ,, 289
Patrick Norman Will of ,, 324
Patton John Will of ,, 367
Pfeifer Jacob Will of ,, 402.
Page Riley Will of ,, 430
Page
Potter Asohel 8
Potter Joseph ,, 72
Patterson Betsey ,, 76 Case No 1899
Patterson Barnabus ,, 180
Peall Aaron ,, 187
Powell Robert ,, 226
Payne N H ,, 229 Case No 2206
Patterson James Will of ,, 255
Phinney Jonathan Will of ,, 262
Perry David Will of ,, 289
Patrick Norman Will of ,, 324
Patton John Will of ,, 367
Pfeifer Jacob Will of ,, 402.
Page Riley Will of ,, 430
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 22)
Description
[page 22]
[corresponds to page R of Delaware County Will Records Vol. 5 1869-1876]
Ryant John Page ,, 35 Case No. 1890
Roloson Jacob ,, 155.
Robinson William D. ,, 159
Rarcek Daniel Will ,, 194
Rank, Peter Will ,, 230
Roberts, Almina ,, 385 Case No 2531
[corresponds to page R of Delaware County Will Records Vol. 5 1869-1876]
Ryant John Page ,, 35 Case No. 1890
Roloson Jacob ,, 155.
Robinson William D. ,, 159
Rarcek Daniel Will ,, 194
Rank, Peter Will ,, 230
Roberts, Almina ,, 385 Case No 2531
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 23)
Description
[page 23]
[corresponds to page S of Delaware County Will Records Vol. 5 1869-1876]
Page
Safford Cynthia A Page ,, 22
Sherman John ,, 32
Stallman Henry ,, 83
Smith Nancy ,, 115 Case No 1988
Swartz Daniel ,, 120
Shultz John ,, 128
Shoub Martin Will ,, 132
Scott Edmund ,, 184. Case No 2142
Schultz Peter ,, 191
Sherwood David ,, 243
Spalding Micah Will of ,, 251
Sebring William Will of ,, 348
Smith Lewis W Will of ,, 350 Case No 2462
Smith Sarah Will of ,, 365 " " 2495
Shoub William M 446 " " 2659
[corresponds to page S of Delaware County Will Records Vol. 5 1869-1876]
Page
Safford Cynthia A Page ,, 22
Sherman John ,, 32
Stallman Henry ,, 83
Smith Nancy ,, 115 Case No 1988
Swartz Daniel ,, 120
Shultz John ,, 128
Shoub Martin Will ,, 132
Scott Edmund ,, 184. Case No 2142
Schultz Peter ,, 191
Sherwood David ,, 243
Spalding Micah Will of ,, 251
Sebring William Will of ,, 348
Smith Lewis W Will of ,, 350 Case No 2462
Smith Sarah Will of ,, 365 " " 2495
Shoub William M 446 " " 2659
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 24)
Description
[page 24]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 25)
Description
[page 25]
[corresponds to page T of Delaware County Will Records Vol. 5 1869-1876]
Page
Tipton, Emily D. ,, 1
Thompson Maria ,, 126
Thrasher Elisha Will ,, .149. Case No. 2054
Thompson John ,, ,, 178.
Thomas Daniel Will ,, ,, 54
Thompson John W ,, ,, 434
[corresponds to page T of Delaware County Will Records Vol. 5 1869-1876]
Page
Tipton, Emily D. ,, 1
Thompson Maria ,, 126
Thrasher Elisha Will ,, .149. Case No. 2054
Thompson John ,, ,, 178.
Thomas Daniel Will ,, ,, 54
Thompson John W ,, ,, 434
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 26)
Description
[page 26]
[corresponds to page U of Delaware County Will Records Vol. 5 1869-1876]
Utley, Anna Will of Page ,,346
[corresponds to page U of Delaware County Will Records Vol. 5 1869-1876]
Utley, Anna Will of Page ,,346
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 27)
Description
[page 27]
[corresponds to page V of Delaware County Will Records Vol. 5 1869-1876]
Vining Elem A. Page 47
Veergon John G. , 49
Vansickle Peter , 107
[corresponds to page V of Delaware County Will Records Vol. 5 1869-1876]
Vining Elem A. Page 47
Veergon John G. , 49
Vansickle Peter , 107
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 28)
Description
[page 28]
[corresponds to back side of page W of Delaware County Will Records Vol. 5 1869-1876]
Wagoner Frederick decd Will of Page 37
Winget Ezra decd Will of ,, 91
White William decd Will of ,, ,, 153
Wells Henry decd Will of ,, 156
Watkins William Will of ,, ,, 167
Willes Jacob Will of ,, ,, 224 Case No 2195
Wagnor John Will of ,, ,, 249 " " 2246
Warrington Nancy Will of ,, ,, 257
Welch Asahel Will of ,, ,, 295 Case No 2334
Waters Robert Will of ,, ,, 297
Wells Abraham Will of ,, ,, 308.
Worline Samuel Will of ,, ,, 316.
Willis Ann Will of ,, ,, 326. Case No 2389
Waters Sylvester J Will of ,, ,, 334. " " 2422
Worline Jacob ,, ,, 399.
Welshinier Lucinda deceased Will of ,, 392.
Walker Robert Will of ,, 405 Case No 2578
Whitten, John Will 413
Wilcox Warren ,, 414
Williams Hosea ,, 418
Watkins Mary ,, 433 Case No 2632
[corresponds to back side of page W of Delaware County Will Records Vol. 5 1869-1876]
Wagoner Frederick decd Will of Page 37
Winget Ezra decd Will of ,, 91
White William decd Will of ,, ,, 153
Wells Henry decd Will of ,, 156
Watkins William Will of ,, ,, 167
Willes Jacob Will of ,, ,, 224 Case No 2195
Wagnor John Will of ,, ,, 249 " " 2246
Warrington Nancy Will of ,, ,, 257
Welch Asahel Will of ,, ,, 295 Case No 2334
Waters Robert Will of ,, ,, 297
Wells Abraham Will of ,, ,, 308.
Worline Samuel Will of ,, ,, 316.
Willis Ann Will of ,, ,, 326. Case No 2389
Waters Sylvester J Will of ,, ,, 334. " " 2422
Worline Jacob ,, ,, 399.
Welshinier Lucinda deceased Will of ,, 392.
Walker Robert Will of ,, 405 Case No 2578
Whitten, John Will 413
Wilcox Warren ,, 414
Williams Hosea ,, 418
Watkins Mary ,, 433 Case No 2632
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 29)
Description
[page 29]
[corresponds to page X of Delaware County Will Records Vol. 5 1869-1876]
blank page
[corresponds to page X of Delaware County Will Records Vol. 5 1869-1876]
blank page
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 30)
Description
[page 30]
[corresponds to page Y of Delaware County Will Records Vol. 5 1869-1876]
blank page
[corresponds to page Y of Delaware County Will Records Vol. 5 1869-1876]
blank page
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 31)
Description
[page 31]
[corresponds to page Z of Delaware County Will Records Vol. 5 1869-1876]
blank
[corresponds to page Z of Delaware County Will Records Vol. 5 1869-1876]
blank
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 32)
Description
[page 32]
[corresponds to index page of Delaware County Will Records Vol. 5 1869-1876]
blank
[corresponds to index page of Delaware County Will Records Vol. 5 1869-1876]
blank
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 33)
Description
[page 33]
[corresponds to page 1 of Delaware County Will Records Vol. 5 1869-1876]
1
Record of Wills - commenced August 10th 1869
Record of the Last Will of Emily D. Tipton 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 May A.D. 1869.
The following is the Journal Entry towit -
"Will and Estate of Mrs Emily D Tipton deceased
On the 13th day of February last Rev Orren H. Newton presented to
the Court the last will and testament of Emily D. Tipton decd for probate
and record, and also the Codicil thereto annexed. Thereupon Lorenze D
McCabe one of the subscribing witnesses to the will came into Court and
was duly sworn and examined, and his testimony reduced to writing
and filed therewith. And it appearing that the other witnesses to the said
will and codicil were residents out of the state commissions were there=
upon duly issued to take the testimony of the said witnesses,which were
afterwards in due time duly returned with the testimony duly reduced
to writing and now on file with the will and codicil, and it thereby appearing
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 said will
and codicil was of full age and of sound mind and memory and acting
under no restraint. It is therefore ordered that the said will and codicil be
admitted to record and probate as the duly executed last will and
codicil of the said Emily D Tipton decd and ordered to be recorded
as such.
Thereupon afterwards letters testementary were duly issued to Oren
H. Newton, the Executor named in the will who accepted thereof and
gave bonds in the sum of $2000. with John McElroy and James
S Campbell his surities. Letters issued
T W Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All!
Emily D Tipton 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, hereby revoking all former wills
heretofore made by me -
First - It is my will that all my Just debts and funeral expenses
and expenses of settling my Estate be first fully paid
Second: I do hereby direct and it is my will that within
one year after my decease, my Executor, hereinafter named
shall sell the property consisting of a house and lot which I
own situated in the Village of Odin in Marion County in the
State of Illinois, it being the only lot owned by me in said village:
and it is my will that said house and lot be ^so sold at the best season
of the year for realizing its full value. And I direct and it is my
will, and I hereby authorize and empower my said Executor
to sell the same at public or private sale as to him shall seem
best, and on such terms of credit as to him shall seem best, and
[corresponds to page 1 of Delaware County Will Records Vol. 5 1869-1876]
1
Record of Wills - commenced August 10th 1869
Record of the Last Will of Emily D. Tipton 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 May A.D. 1869.
The following is the Journal Entry towit -
"Will and Estate of Mrs Emily D Tipton deceased
On the 13th day of February last Rev Orren H. Newton presented to
the Court the last will and testament of Emily D. Tipton decd for probate
and record, and also the Codicil thereto annexed. Thereupon Lorenze D
McCabe one of the subscribing witnesses to the will came into Court and
was duly sworn and examined, and his testimony reduced to writing
and filed therewith. And it appearing that the other witnesses to the said
will and codicil were residents out of the state commissions were there=
upon duly issued to take the testimony of the said witnesses,which were
afterwards in due time duly returned with the testimony duly reduced
to writing and now on file with the will and codicil, and it thereby appearing
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 said will
and codicil was of full age and of sound mind and memory and acting
under no restraint. It is therefore ordered that the said will and codicil be
admitted to record and probate as the duly executed last will and
codicil of the said Emily D Tipton decd and ordered to be recorded
as such.
Thereupon afterwards letters testementary were duly issued to Oren
H. Newton, the Executor named in the will who accepted thereof and
gave bonds in the sum of $2000. with John McElroy and James
S Campbell his surities. Letters issued
T W Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of All!
Emily D Tipton 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, hereby revoking all former wills
heretofore made by me -
First - It is my will that all my Just debts and funeral expenses
and expenses of settling my Estate be first fully paid
Second: I do hereby direct and it is my will that within
one year after my decease, my Executor, hereinafter named
shall sell the property consisting of a house and lot which I
own situated in the Village of Odin in Marion County in the
State of Illinois, it being the only lot owned by me in said village:
and it is my will that said house and lot be ^so sold at the best season
of the year for realizing its full value. And I direct and it is my
will, and I hereby authorize and empower my said Executor
to sell the same at public or private sale as to him shall seem
best, and on such terms of credit as to him shall seem best, and
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 34)
Description
[page 34]
[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
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[corresponds to blank page of Delaware County Will Records Vol. 5 1869-1876]
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Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 35)
Description
[page 35]
[corresponds to page 2 of Delaware County Will Records Vol. 5 1869-1876]
2
Record of the Last Will of Emily D. Tipton, decd
to make a deed to the purchase thereof conveying the full title
in fee simple directly by virtue of the powers hereby granted:
it being my wish to save and avoid all court expenses.
Provided however that in the sale thereof the terms of credit be
not longer nor more favorable to the purchase than the usual terms
of one-third of purchase money in hand and one-third in one year &
one-third in two years from the day of sale; the deferred payments if
any there shall be to be secured by mortgage on the premises and
to be as interest from the day of sale
Third: It is my will that in case of the death removal or disability
of my said Executor or his refusal to accept the Executorship
of this my will, that then my friend Henry C Goodnow a
lawyer in Salem in said Marion County do execute and
transact the sale of said property in said Odin under & accord=
ing to the directions of said Second item of this will, and in the Events
or any of the Events in this item specified I do hereby fully authorize
and empower him said Henry C Goodnow to sell said property
in said Odin, and to make a deed therefor, conveying the title
thereto directly to the purchaser thereof, as fully and completely
as I have authorized my said Executor to do in said Second
item of this will. and I will that said Henry C Goodnow shall
(in any of said events whereby he hereby acts as aforesaid)
transfer the proceeds of said sale immediately on its completion
- the money & notes & mortgage - to whoever shall then be lawfully
charged with the execution of this my last will and testament, to be by
such person disposed of as herein directed.
Fourth: It is my will that of said property in Odin shall sell--
as herein directed -- for twenty two hundred dollars, then of the
proceeds of said sale three Hundred dollars be paid Executor
to my sister Ella Read, and three Hundred dollars thereof to
my sister Clarinda Dodge: and if said property in Odin
shall sell for only two thousand dollars or less, I will that
of the proceeds of said sale there be paid by my Executor to
my said sister Ella Read two Hundred dollars, and to my
sister Clarinda Dody, two hundred dollars; and that of said
property shall sell for a sum between two thousand dollars
and twenty two hundred dollars, that the excess above two thous=
and dollars & under twenty two hundred whatever it shall be --
shall be equally divided and paid to my said sister Ella Read
and Clarinda Dodge each one half of such excess, in addition to
the legacies hereby given them of two hundred dollars each, but in
no event are they to have over three hundred dollars each.
And in case of the death of either of my said two sisters before
the completion of said sale and receipt of the purchase money and
notes aforesaid, then I will that the legacy given to such deceased
sister by this item of this will shall be paid to the one of two mentioned
and named sisters surviving, and in case both of my said two
sisters shall have deceased at the time of the sale and receipt of said
[corresponds to page 2 of Delaware County Will Records Vol. 5 1869-1876]
2
Record of the Last Will of Emily D. Tipton, decd
to make a deed to the purchase thereof conveying the full title
in fee simple directly by virtue of the powers hereby granted:
it being my wish to save and avoid all court expenses.
Provided however that in the sale thereof the terms of credit be
not longer nor more favorable to the purchase than the usual terms
of one-third of purchase money in hand and one-third in one year &
one-third in two years from the day of sale; the deferred payments if
any there shall be to be secured by mortgage on the premises and
to be as interest from the day of sale
Third: It is my will that in case of the death removal or disability
of my said Executor or his refusal to accept the Executorship
of this my will, that then my friend Henry C Goodnow a
lawyer in Salem in said Marion County do execute and
transact the sale of said property in said Odin under & accord=
ing to the directions of said Second item of this will, and in the Events
or any of the Events in this item specified I do hereby fully authorize
and empower him said Henry C Goodnow to sell said property
in said Odin, and to make a deed therefor, conveying the title
thereto directly to the purchaser thereof, as fully and completely
as I have authorized my said Executor to do in said Second
item of this will. and I will that said Henry C Goodnow shall
(in any of said events whereby he hereby acts as aforesaid)
transfer the proceeds of said sale immediately on its completion
- the money & notes & mortgage - to whoever shall then be lawfully
charged with the execution of this my last will and testament, to be by
such person disposed of as herein directed.
Fourth: It is my will that of said property in Odin shall sell--
as herein directed -- for twenty two hundred dollars, then of the
proceeds of said sale three Hundred dollars be paid Executor
to my sister Ella Read, and three Hundred dollars thereof to
my sister Clarinda Dodge: and if said property in Odin
shall sell for only two thousand dollars or less, I will that
of the proceeds of said sale there be paid by my Executor to
my said sister Ella Read two Hundred dollars, and to my
sister Clarinda Dody, two hundred dollars; and that of said
property shall sell for a sum between two thousand dollars
and twenty two hundred dollars, that the excess above two thous=
and dollars & under twenty two hundred whatever it shall be --
shall be equally divided and paid to my said sister Ella Read
and Clarinda Dodge each one half of such excess, in addition to
the legacies hereby given them of two hundred dollars each, but in
no event are they to have over three hundred dollars each.
And in case of the death of either of my said two sisters before
the completion of said sale and receipt of the purchase money and
notes aforesaid, then I will that the legacy given to such deceased
sister by this item of this will shall be paid to the one of two mentioned
and named sisters surviving, and in case both of my said two
sisters shall have deceased at the time of the sale and receipt of said
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 36)
Description
[page 36]
[corresponds to page 3 of Delaware County Will Records Vol. 5 1869-1876]
3
Record of the Last Will of Emily D. Tipton, decd
money and proceeds of sale, then I will that the whole proceeds of said
sale be paid and delivered to my mother Mrs Clarinda Dodge: and
it is my will that said legacies to my said two sisters -- as aforesaid be
paid immediately on the completion of said sale, and out of the money
paid in hand as aforesaid provided there be sufficient for that purpose
but if there be not sufficient that the money in hand be equally
divided between them & paid on said legacies, & that the residue
of said legacies be paid out of the first deferred instalment of
purchase money, And at all events I will that the residue
of the proceeds of the sale of said property in Odin after paying
the legacies aforesaid to my two Sisters aforesaid shall go to
and be paid to my Mother Mrs Clarinda Dodge
Fifth: It is my will that after the payment of all just debts
funeral expenses and the expenses of settling my Estate and the
payment of the legacies to my said two sisters above named, all
the rest and residue of my Estate property and effects real & personal
shall go to and be paid to my said Mother Clarinda Dodge, and
I do hereby devise and bequeath to her all such residue of
my property.
Sixth: In case my Mother said Clarinda Dodge shall depart this
life before my decease then it is my desire & it is my will that
the said legacies to my sisters be paid as herein provided,
and that then all the balance and residue of my property
of every description and kind be equally divided between
my Sisters Ella Read and Clarinda Dodge Lucy D. Tipton
& Sophia D Weldon and my brother James R Dodge or
those of them my said brother & sisters living at my decease
in case any of them should die I surviving.
Seventh: I do hereby appoint Rev O H Newton of Delaware
Ohio my friend and Pastor to be the Executor of this my last
will and testament. In testimony whereof I have hereunto signed
my name and affixed my seal as and for my last will and
testament this Sixth day of July AD One Thousand Eight
Hundred and Sixty Eight
Emily D. Tipton {seal}
The foregoing will was signed and sealed by the said Emily D
Tipton in our presence and declared and published to be her last
will and testament in our presence and signed by us and attest=
ed at her request in her presence and in the presence of each
other L.D. McCabe
{US Stamp C.C. McCabe
$1.00 x}
Codicil
I Emily D. Tipton being of sound mind and memory do
make and publish as a Codicil to my last will and test=
ament hereto attached bearing date of the Sixth day of July
in the year of our Lord One thousand Eight Hundred and
Sixty Eight that my said will be so changed as to give to
[corresponds to page 3 of Delaware County Will Records Vol. 5 1869-1876]
3
Record of the Last Will of Emily D. Tipton, decd
money and proceeds of sale, then I will that the whole proceeds of said
sale be paid and delivered to my mother Mrs Clarinda Dodge: and
it is my will that said legacies to my said two sisters -- as aforesaid be
paid immediately on the completion of said sale, and out of the money
paid in hand as aforesaid provided there be sufficient for that purpose
but if there be not sufficient that the money in hand be equally
divided between them & paid on said legacies, & that the residue
of said legacies be paid out of the first deferred instalment of
purchase money, And at all events I will that the residue
of the proceeds of the sale of said property in Odin after paying
the legacies aforesaid to my two Sisters aforesaid shall go to
and be paid to my Mother Mrs Clarinda Dodge
Fifth: It is my will that after the payment of all just debts
funeral expenses and the expenses of settling my Estate and the
payment of the legacies to my said two sisters above named, all
the rest and residue of my Estate property and effects real & personal
shall go to and be paid to my said Mother Clarinda Dodge, and
I do hereby devise and bequeath to her all such residue of
my property.
Sixth: In case my Mother said Clarinda Dodge shall depart this
life before my decease then it is my desire & it is my will that
the said legacies to my sisters be paid as herein provided,
and that then all the balance and residue of my property
of every description and kind be equally divided between
my Sisters Ella Read and Clarinda Dodge Lucy D. Tipton
& Sophia D Weldon and my brother James R Dodge or
those of them my said brother & sisters living at my decease
in case any of them should die I surviving.
Seventh: I do hereby appoint Rev O H Newton of Delaware
Ohio my friend and Pastor to be the Executor of this my last
will and testament. In testimony whereof I have hereunto signed
my name and affixed my seal as and for my last will and
testament this Sixth day of July AD One Thousand Eight
Hundred and Sixty Eight
Emily D. Tipton {seal}
The foregoing will was signed and sealed by the said Emily D
Tipton in our presence and declared and published to be her last
will and testament in our presence and signed by us and attest=
ed at her request in her presence and in the presence of each
other L.D. McCabe
{US Stamp C.C. McCabe
$1.00 x}
Codicil
I Emily D. Tipton being of sound mind and memory do
make and publish as a Codicil to my last will and test=
ament hereto attached bearing date of the Sixth day of July
in the year of our Lord One thousand Eight Hundred and
Sixty Eight that my said will be so changed as to give to
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 37)
Description
[page 37]
[corresponds to page 4 of Delaware County Will Records Vol. 5 1869-1876]
4
Record of the Last Will of Emily D Tipton decd
my beloved Mother Clarinda Dodge one third part only of the
proceeds of the Sale of my house and lot situated in Odin in
the County of Marion and State of Illinois, and the remaining
two thirds to be equally divided between my brother and
Sisters Ella Read Clarinda Dodge, Lucy D. Tipton, Sophia
D Weldon and James R. Dodge, or such of them as may be
living at the time of my decease
Secondly - I desire that my sister Clarinda K Dodge be paid
out of the remainder of my Estate the sum of Three Hundred
and Fifty Dollars being the value of my share in a Piano
owned by me and my Sister Ella Read and my mother
Clarinda Dodge -- and further that my Mother Clarinda
Dodge holds a note for fifty Dollars which shall be considered
as fully paid out of this property willed to her in my said
will hereto attached as aforesaid. In testimony whereof I have
attached my name and affixed my seal my last will
being intended as a Codicil to my former will herein alluded
to, this 8th day of January in the year of our Lord One Thous-
and Eight hundred and Sixty nine
Emily D. Tipton {seal}
The foregoing Codicil to a last will of Emily D Tipton
was signed and sealed by her in our presence and by her
declared to be her last will and testament intended as a
Codicil in our presence and at her request we have
sgined our names in her presence and in the presence
of each other
Harrison Houpt } Resident of Murpheysboro
Urbane E Robinson Jr } Jackson County Illinois
(End of Codicil)
(Copy of Testimony
The State of Ohio }
Delaware County } In the matter of the last will and test=
ament of Emily D Tipton late of Delaware in this County Decd
I Lorenzo D McCabe being duly sworn in
open Court this 13th day of February AD 1869, depose and say that
we were present at the Execution of the last will and testament of
Emily D Tipton decd late of Delaware Ohio hereto annexed
bearing date 6th day of July 1868, that we this affiant and Charles
C McCabe 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 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
Lorenzo D. McCabe
Sworn to and subscribed before me in Probate Court this 13th day
of February AD 1869 T.W. Powell, Probate Court
[corresponds to page 4 of Delaware County Will Records Vol. 5 1869-1876]
4
Record of the Last Will of Emily D Tipton decd
my beloved Mother Clarinda Dodge one third part only of the
proceeds of the Sale of my house and lot situated in Odin in
the County of Marion and State of Illinois, and the remaining
two thirds to be equally divided between my brother and
Sisters Ella Read Clarinda Dodge, Lucy D. Tipton, Sophia
D Weldon and James R. Dodge, or such of them as may be
living at the time of my decease
Secondly - I desire that my sister Clarinda K Dodge be paid
out of the remainder of my Estate the sum of Three Hundred
and Fifty Dollars being the value of my share in a Piano
owned by me and my Sister Ella Read and my mother
Clarinda Dodge -- and further that my Mother Clarinda
Dodge holds a note for fifty Dollars which shall be considered
as fully paid out of this property willed to her in my said
will hereto attached as aforesaid. In testimony whereof I have
attached my name and affixed my seal my last will
being intended as a Codicil to my former will herein alluded
to, this 8th day of January in the year of our Lord One Thous-
and Eight hundred and Sixty nine
Emily D. Tipton {seal}
The foregoing Codicil to a last will of Emily D Tipton
was signed and sealed by her in our presence and by her
declared to be her last will and testament intended as a
Codicil in our presence and at her request we have
sgined our names in her presence and in the presence
of each other
Harrison Houpt } Resident of Murpheysboro
Urbane E Robinson Jr } Jackson County Illinois
(End of Codicil)
(Copy of Testimony
The State of Ohio }
Delaware County } In the matter of the last will and test=
ament of Emily D Tipton late of Delaware in this County Decd
I Lorenzo D McCabe being duly sworn in
open Court this 13th day of February AD 1869, depose and say that
we were present at the Execution of the last will and testament of
Emily D Tipton decd late of Delaware Ohio hereto annexed
bearing date 6th day of July 1868, that we this affiant and Charles
C McCabe 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 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
Lorenzo D. McCabe
Sworn to and subscribed before me in Probate Court this 13th day
of February AD 1869 T.W. Powell, Probate Court
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 38)
Description
[page 38]
[corresponds to page 5 of Delaware County Will Records Vol. 5 1869-1876]
5
Record of the Last Will of Emily D Tipton decd
Commission
To take testimony of Witness to will.
The State of Ohio }
Delaware County ss. }
To Doct J. R. Dodge of Murpheysboro
His - Greeting:
Know ye, That we in confidence of your
prudence and fidelity have appointed you and by these presents
do give you full power and authority to examine and take the
deposition of Harrison Hought and Urbane E Robinson give
subscribing witnesses to the last Will and Testament and Codicil
of Emily D Tipton decd hereto annexed, late of the County of
Delaware Ohio in the State of Ohio, dec'd and therefore we command
you that at certain days and places appointed by you, you
cause the said Harrison Houghtt and Urbane E robinson Jr
to be brought before you, and then and there to examine them on
oath or affirmation first taken before you touching the due execution
of said Will and Codicil of the said Emily D Tipton decd, and
that you reduce the examination to writing, and return the same
together with this Commission and the Will of the said Emily D Tipton
decd, thereto annexed, closed up under your seal into one said
Probate Court with all convenient speed
{seal} In testimony Whereof, I Thomas W. Powell,
Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court at
Delaware this 15th day of March AD 1869
T.W. Powell
Probate Judge
Testimony of Witness to Will.
In the matter of the last Will and Testimant of Emily D
Tipton decd - I, James R. Dodge, duly appointed and
commissioned by the Judge of the Probate Court of the County of
Delaware and State of Ohio to take the testimony of Harrison
Hought and Urbane E. Robinson, Jr the subscribing witnesses
to the last Will and Testament of Emily D Tipton decd late a
resident of the said County of Delaware in the State of Ohio
which Commissions and the said Will are hereto annexed, I
do hereby certify that in pursuance of said Commission I caused
Harrison Hought and Urbane E Robinson said subscribing
witnesses as aforesaid to come personally before me at the City
of Murpheysboro County of Jackson and State of Illinois
who being by me 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 depose and say that
after the Codicil to said last will and testament was written
[corresponds to page 5 of Delaware County Will Records Vol. 5 1869-1876]
5
Record of the Last Will of Emily D Tipton decd
Commission
To take testimony of Witness to will.
The State of Ohio }
Delaware County ss. }
To Doct J. R. Dodge of Murpheysboro
His - Greeting:
Know ye, That we in confidence of your
prudence and fidelity have appointed you and by these presents
do give you full power and authority to examine and take the
deposition of Harrison Hought and Urbane E Robinson give
subscribing witnesses to the last Will and Testament and Codicil
of Emily D Tipton decd hereto annexed, late of the County of
Delaware Ohio in the State of Ohio, dec'd and therefore we command
you that at certain days and places appointed by you, you
cause the said Harrison Houghtt and Urbane E robinson Jr
to be brought before you, and then and there to examine them on
oath or affirmation first taken before you touching the due execution
of said Will and Codicil of the said Emily D Tipton decd, and
that you reduce the examination to writing, and return the same
together with this Commission and the Will of the said Emily D Tipton
decd, thereto annexed, closed up under your seal into one said
Probate Court with all convenient speed
{seal} In testimony Whereof, I Thomas W. Powell,
Judge of the said Court, have hereunto set my
hand and affixed the seal of said Court at
Delaware this 15th day of March AD 1869
T.W. Powell
Probate Judge
Testimony of Witness to Will.
In the matter of the last Will and Testimant of Emily D
Tipton decd - I, James R. Dodge, duly appointed and
commissioned by the Judge of the Probate Court of the County of
Delaware and State of Ohio to take the testimony of Harrison
Hought and Urbane E. Robinson, Jr the subscribing witnesses
to the last Will and Testament of Emily D Tipton decd late a
resident of the said County of Delaware in the State of Ohio
which Commissions and the said Will are hereto annexed, I
do hereby certify that in pursuance of said Commission I caused
Harrison Hought and Urbane E Robinson said subscribing
witnesses as aforesaid to come personally before me at the City
of Murpheysboro County of Jackson and State of Illinois
who being by me 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 depose and say that
after the Codicil to said last will and testament was written
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 39)
Description
[page 39]
[corresponds to page 6 of Delaware County Will Records Vol. 5 1869-1876]
6
Record of the Last Will of Emily D Tipton decd
it was read over to said Emily D Tipton and thereupon
she declared it to be her last will and testament and in their
presence she signed her name to the same; that we were present
at the making of said Will hereto attached, 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 said Emily
D Tipton deceased sign and seal said will and heard her pub=
lish and acknowledge the same to be her last will and testament
that the said Emily D Tipon, was, at the time of making signing
and sealing said last will and Testament, of full age, and of
sound mind and memory and not under any unlawful
restraint whatsoever
Harrison Hought
Urbane E Robinson Jr
I, J.R. Dodge, do further testify that the said testimony was
reduced to writing by myself in presence of said witnesses
respectively and subscribed by said wintesses in my presence on
this 6th day of April AD 1869.
In testimony whereof I have hereunto set my hand this 6th
day of April AD 1869
James R Dodge, Commissioner
Commission
To take Testimony of Witness to Will.
The State of ohio. }
Delaware County, ss, }
To Rev William L. Harris of New
York City - Greeting:
Know ye, That we in confidence
of your prudence and fidelity have appointed you and by these
presents do give you full power and authority to examine and
take the deposition of Rev Charles C. McCabe, subscribing
witness to the last will and Testament of Emily D Tipton hereto
annexed late of the County of Delaware in the State of Ohio died
and therefore we command you that at certain days and places
appointed by you, you cause the said Charles C. McCabe to be
brought before you, and then and there examine him on oath or
affirmation first taken before you touching the due executior
of said Will of the said Emily D Tipton and that you reduce
such examination to writing and return the same together
with this Commission and the said Will of the said Emily D
Tipton thereto annexed, closed up under your seal into our
said Probate Court with all convenient speed
{seal} In testimony whereof, I Thomas W. Powell
Judge of said Court, have hereunto set my hand
and affixed my seal of said Court at Delaware Ohio
the 20th day of April AD 1869 T W Powell
Probate Judge
[corresponds to page 6 of Delaware County Will Records Vol. 5 1869-1876]
6
Record of the Last Will of Emily D Tipton decd
it was read over to said Emily D Tipton and thereupon
she declared it to be her last will and testament and in their
presence she signed her name to the same; that we were present
at the making of said Will hereto attached, 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 said Emily
D Tipton deceased sign and seal said will and heard her pub=
lish and acknowledge the same to be her last will and testament
that the said Emily D Tipon, was, at the time of making signing
and sealing said last will and Testament, of full age, and of
sound mind and memory and not under any unlawful
restraint whatsoever
Harrison Hought
Urbane E Robinson Jr
I, J.R. Dodge, do further testify that the said testimony was
reduced to writing by myself in presence of said witnesses
respectively and subscribed by said wintesses in my presence on
this 6th day of April AD 1869.
In testimony whereof I have hereunto set my hand this 6th
day of April AD 1869
James R Dodge, Commissioner
Commission
To take Testimony of Witness to Will.
The State of ohio. }
Delaware County, ss, }
To Rev William L. Harris of New
York City - Greeting:
Know ye, That we in confidence
of your prudence and fidelity have appointed you and by these
presents do give you full power and authority to examine and
take the deposition of Rev Charles C. McCabe, subscribing
witness to the last will and Testament of Emily D Tipton hereto
annexed late of the County of Delaware in the State of Ohio died
and therefore we command you that at certain days and places
appointed by you, you cause the said Charles C. McCabe to be
brought before you, and then and there examine him on oath or
affirmation first taken before you touching the due executior
of said Will of the said Emily D Tipton and that you reduce
such examination to writing and return the same together
with this Commission and the said Will of the said Emily D
Tipton thereto annexed, closed up under your seal into our
said Probate Court with all convenient speed
{seal} In testimony whereof, I Thomas W. Powell
Judge of said Court, have hereunto set my hand
and affixed my seal of said Court at Delaware Ohio
the 20th day of April AD 1869 T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 40)
Description
[page 40]
[corresponds to page 7 of Delaware County Will Records Vol. 5 1869-1876]
7
Record of the last Will of Emily D. Tipton, deceased
Testimony of witness to will.
In the matter of the last will and Testament of Emily D
Tipton deceased
I William S Harris duly appointed and
commissioned by the Judge of the Probate Court of the County
of Delaware in the State of Ohio to take the testimony of Charles
C McCabe the subscribing witness to the last will and Testament
of Emily D Tipton late of Delaware Ohio deceased late a resident
of said County of Delaware in the State of Ohio, which Commission
and the said will are hereto annexed I do hereby certify that in
pursuance of said Commission I caused the said Charles C.
McCabe said subscribing witness as aforesaid to come personally
before me at 200 Mulburry Street in the City of new York
who 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 & says
that on or about the sixty day of July AD 1865 at Delaware, he
this deponent, and L.D. McCabe were called upon to witness
the execution of the said last will and testament of the said
Emily D Tipton decd, that they were present at the execution
of said will hereto attached 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 Emily
D Tipton deceased sign and seal said will and heard her
publish and declare the same to be her last will and Testament:
that the said Emily D. Tipton, deceased, was, at the time of making
signing, of full age of sound mind and memory, and not
under any undue or unlawful restraint and further says
not C. C. McCabe
I, William L Harris the Commissioner above named
do further testify that the said testimony was reduced to writing
by myself except that in print & the hand writing of the Probate
Judge in the presence of said witness and subscribed by said
witness in my presence this Twenty Sixth day of April AD
1869.
In testimony whereof, I have hereunto set my hand as
Commissioner aforesaid this 26th day of April AD 1869
William L Harris Commissioner
[corresponds to page 7 of Delaware County Will Records Vol. 5 1869-1876]
7
Record of the last Will of Emily D. Tipton, deceased
Testimony of witness to will.
In the matter of the last will and Testament of Emily D
Tipton deceased
I William S Harris duly appointed and
commissioned by the Judge of the Probate Court of the County
of Delaware in the State of Ohio to take the testimony of Charles
C McCabe the subscribing witness to the last will and Testament
of Emily D Tipton late of Delaware Ohio deceased late a resident
of said County of Delaware in the State of Ohio, which Commission
and the said will are hereto annexed I do hereby certify that in
pursuance of said Commission I caused the said Charles C.
McCabe said subscribing witness as aforesaid to come personally
before me at 200 Mulburry Street in the City of new York
who 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 & says
that on or about the sixty day of July AD 1865 at Delaware, he
this deponent, and L.D. McCabe were called upon to witness
the execution of the said last will and testament of the said
Emily D Tipton decd, that they were present at the execution
of said will hereto attached 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 Emily
D Tipton deceased sign and seal said will and heard her
publish and declare the same to be her last will and Testament:
that the said Emily D. Tipton, deceased, was, at the time of making
signing, of full age of sound mind and memory, and not
under any undue or unlawful restraint and further says
not C. C. McCabe
I, William L Harris the Commissioner above named
do further testify that the said testimony was reduced to writing
by myself except that in print & the hand writing of the Probate
Judge in the presence of said witness and subscribed by said
witness in my presence this Twenty Sixth day of April AD
1869.
In testimony whereof, I have hereunto set my hand as
Commissioner aforesaid this 26th day of April AD 1869
William L Harris Commissioner
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 41)
Description
[page 41]
[corresponds to page 8 of Delaware County Will Records Vol. 5 1869-1876]
8
Record of the last Will of Asabel Potter 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 24th day of March
AD 1869.
The following is the Journal Entry to wit -
Will and Estate of Asahel Potter decd
On the 24th day of March last the last will and testament of
Asahel Potter late of Brown Township decd was presented to the
Court for Probate and record. Thereupon William Blair one
of the subscribing witnesses to the said will came into Court and
was duly examined and sworn and his testimony reduced to writ=
ing and filed with and annexed to the said will. and it appearing
that Israel Bryfogle the other witness lives out of the State and issued
a commission to take this deposition of said Bryfogle in due form.
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 therefore considered and ordered that
the said will be admitted to probate and record as duly proved
as the last will and testament of the said Asahel Potter decd
and ordered to be recorded as such
T W Powell
Probate Judge
(Copy of the Will)
I Asahel Potter of Brown Township in Delaware County
Ohio do make and publish this my last will and testament
in manner and form following to wit:
1st It is my will and desire and I hereby desire give and
bequeath that all my just debts be first paid.
2nd It is my will and desire and I hereby devise, give and
bequeath all the residue of my property both real and personal
and of every kind and description, that may be left after
paying my debts, be equally divided between and amongst
my children (sons and daughters) share and share alike; but the
share and portion so to be paid and due to each of my
daughters, shall be paid and given to her as her seperate and
Estate to and for her seperate use and benefit to be controled and
managed by her, seperate and distinct from the control and
of her or their several husbands (in case they have any) and
whatever such property shall remain unexpended by any one
of my daughters during her lifetime, shall go to and be paid over
to the children or next of kin to each and every of my said Daugh-
ters ^ But it is my will that my
said daughters each and every one ^ of them
during her natural life shall have
full power and control over her seperate share and portion to
use expend and dispose of as her seperate Estate and property
as she may deem best and proper, without the control or hind-
erance of her husband or his creditors
3rd I hereby constitute and appoint my two sons Israel
[corresponds to page 8 of Delaware County Will Records Vol. 5 1869-1876]
8
Record of the last Will of Asabel Potter 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 24th day of March
AD 1869.
The following is the Journal Entry to wit -
Will and Estate of Asahel Potter decd
On the 24th day of March last the last will and testament of
Asahel Potter late of Brown Township decd was presented to the
Court for Probate and record. Thereupon William Blair one
of the subscribing witnesses to the said will came into Court and
was duly examined and sworn and his testimony reduced to writ=
ing and filed with and annexed to the said will. and it appearing
that Israel Bryfogle the other witness lives out of the State and issued
a commission to take this deposition of said Bryfogle in due form.
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 therefore considered and ordered that
the said will be admitted to probate and record as duly proved
as the last will and testament of the said Asahel Potter decd
and ordered to be recorded as such
T W Powell
Probate Judge
(Copy of the Will)
I Asahel Potter of Brown Township in Delaware County
Ohio do make and publish this my last will and testament
in manner and form following to wit:
1st It is my will and desire and I hereby desire give and
bequeath that all my just debts be first paid.
2nd It is my will and desire and I hereby devise, give and
bequeath all the residue of my property both real and personal
and of every kind and description, that may be left after
paying my debts, be equally divided between and amongst
my children (sons and daughters) share and share alike; but the
share and portion so to be paid and due to each of my
daughters, shall be paid and given to her as her seperate and
Estate to and for her seperate use and benefit to be controled and
managed by her, seperate and distinct from the control and
of her or their several husbands (in case they have any) and
whatever such property shall remain unexpended by any one
of my daughters during her lifetime, shall go to and be paid over
to the children or next of kin to each and every of my said Daugh-
ters ^ But it is my will that my
said daughters each and every one ^ of them
during her natural life shall have
full power and control over her seperate share and portion to
use expend and dispose of as her seperate Estate and property
as she may deem best and proper, without the control or hind-
erance of her husband or his creditors
3rd I hereby constitute and appoint my two sons Israel
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 42)
Description
[page 42]
[corresponds to page 9 of Delaware County Will Records Vol. 5 1869-1876]
9
Record of the Last Will of Asahel Potter decd
Potter and Lyman Potter Executors of this my last will and
testament hereby; hereby revoking and annulling all former
wills and testaments and affirming this and no other as my
last will and testament. And so published and declared
this Sixteenth day of September AD 1858
Asahel Potter
Signed, declared and published as the last will and testament of
the said testator on the day and year last above written who in our
presence signed the same, and we in his presence at his request
and in the presence of each other put our names hereto as witnesses
Isreal Bryfogle
{U.S. Stamp $1.00} William Blair
(Copy of testimony)
The State of Ohio. }
Delaware County, ss. } In the matter of the last will and testament
of Asahel Potter late of Brown Township in this County decd
I William Blair being duly sworn in open Court
this 24th day of March AD 1869, depose and say that we -
this deponent and Isreal Bryfogle - were present at the exec=
ution of the last will and testament of Asahel Potter of Brown
Township in this County hereto annexed, bearing date 16th day
of September 1858: that we saw the said testator subscribe said
will and heard him publish and declare the same to be his
last will and testament and that the said testator, at the time of
executing the same was of 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
William Blair
Sworn to and subscribed before me, in the Probate Court, this
24th day of March AD 1869
T W Powell
Probate Judge
(Copy of)
Commission
To take testimony of witness to will.
The State of Ohio }
Delaware County, ss. }
To the Judge of the Probate Court or
to any Judge of a Court of Jackson County Missouri -
Greeting. Know Ye, That we in confidence of your
prudence and fidelity, have appointed you, and by these
presents do give you full power and authority to examine
and take the deposition of Israel Bryfogle one of the
subscribing witnesses to the last will and testament of
Asahel Potter hereto annexed, late of the County of Delaware
[corresponds to page 9 of Delaware County Will Records Vol. 5 1869-1876]
9
Record of the Last Will of Asahel Potter decd
Potter and Lyman Potter Executors of this my last will and
testament hereby; hereby revoking and annulling all former
wills and testaments and affirming this and no other as my
last will and testament. And so published and declared
this Sixteenth day of September AD 1858
Asahel Potter
Signed, declared and published as the last will and testament of
the said testator on the day and year last above written who in our
presence signed the same, and we in his presence at his request
and in the presence of each other put our names hereto as witnesses
Isreal Bryfogle
{U.S. Stamp $1.00} William Blair
(Copy of testimony)
The State of Ohio. }
Delaware County, ss. } In the matter of the last will and testament
of Asahel Potter late of Brown Township in this County decd
I William Blair being duly sworn in open Court
this 24th day of March AD 1869, depose and say that we -
this deponent and Isreal Bryfogle - were present at the exec=
ution of the last will and testament of Asahel Potter of Brown
Township in this County hereto annexed, bearing date 16th day
of September 1858: that we saw the said testator subscribe said
will and heard him publish and declare the same to be his
last will and testament and that the said testator, at the time of
executing the same was of 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
William Blair
Sworn to and subscribed before me, in the Probate Court, this
24th day of March AD 1869
T W Powell
Probate Judge
(Copy of)
Commission
To take testimony of witness to will.
The State of Ohio }
Delaware County, ss. }
To the Judge of the Probate Court or
to any Judge of a Court of Jackson County Missouri -
Greeting. Know Ye, That we in confidence of your
prudence and fidelity, have appointed you, and by these
presents do give you full power and authority to examine
and take the deposition of Israel Bryfogle one of the
subscribing witnesses to the last will and testament of
Asahel Potter hereto annexed, late of the County of Delaware
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 43)
Description
[page 43]
[corresponds to page 10 of Delaware County Will Records Vol. 5 1869-1876]
10
Record of the Last Will of Asahel Potter decd
in the State of Ohio deceased, and therefore we command you
that at certain days and places appointed by you, you cause
the said Israel Breyfogle to be brought before you, and
then and there to examine him on oath or affirmation first
taken before you touching the due Execution of said will of the
said Asahel Potter deceased and that you reduce such
examination to writing and return the same together with this
Commission and the will of the said Asahel Potter deceased thereto
annexed, closed up under your seal, into our said Probate Court,
with all convenient speed.
In testimony whereof, I, Thomas W Powell Judge of the said
{seal} Court, have hereunto set my hand and affixed the
Seal of said Court at Delaware Ohio this 27th
day of March AD 1869
T W Powell
Probate Judge
Testimony of Witness to will.
In the matter of the last will and testament of Asahel Potter
late of Delaware County Ohio decd
I, J W Jenkins Judge of the
Probate and Common Pleas Court in the County of Jackson
Missouri duly appointed and commissioned by the Judge of the
Probate Court of the County of Delaware in the State of Ohio, to take
the testimony of Israel Breyfogel one of the subscribing witnesses
of the last will of Asahel Potter late of Delaware County decd a
resident of Delaware County State of Ohio, which Commission
and the said will hereto annexed I do hereby certify, that in
pursuance of said commission I caused the said Isreal Breyfogle
said subscribing witness as aforesaid, to come personally before
me at who being 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 depose
and say the said Israel Breyfogel and one William Blair were
present and witnessed, and attested the execution of said will of
the said Asahel Potter on or about the 16th day of September
1858 at Brown Township in Delaware County Ohio and further
says that they were present at the execution of said will hereto
attached marked "A" and dated as aforesaid, 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
Asahel Potter decd sign said will and heard him publish and
declare the same to be his last will and testament, that the said
Asahel Potter deceased, was, at the time of making signing and
sealing said last Will and testament, of legal age and of sound
mind mind and memory, and under no restraint whatsoever
Israel Breyfogel
[corresponds to page 10 of Delaware County Will Records Vol. 5 1869-1876]
10
Record of the Last Will of Asahel Potter decd
in the State of Ohio deceased, and therefore we command you
that at certain days and places appointed by you, you cause
the said Israel Breyfogle to be brought before you, and
then and there to examine him on oath or affirmation first
taken before you touching the due Execution of said will of the
said Asahel Potter deceased and that you reduce such
examination to writing and return the same together with this
Commission and the will of the said Asahel Potter deceased thereto
annexed, closed up under your seal, into our said Probate Court,
with all convenient speed.
In testimony whereof, I, Thomas W Powell Judge of the said
{seal} Court, have hereunto set my hand and affixed the
Seal of said Court at Delaware Ohio this 27th
day of March AD 1869
T W Powell
Probate Judge
Testimony of Witness to will.
In the matter of the last will and testament of Asahel Potter
late of Delaware County Ohio decd
I, J W Jenkins Judge of the
Probate and Common Pleas Court in the County of Jackson
Missouri duly appointed and commissioned by the Judge of the
Probate Court of the County of Delaware in the State of Ohio, to take
the testimony of Israel Breyfogel one of the subscribing witnesses
of the last will of Asahel Potter late of Delaware County decd a
resident of Delaware County State of Ohio, which Commission
and the said will hereto annexed I do hereby certify, that in
pursuance of said commission I caused the said Isreal Breyfogle
said subscribing witness as aforesaid, to come personally before
me at who being 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 depose
and say the said Israel Breyfogel and one William Blair were
present and witnessed, and attested the execution of said will of
the said Asahel Potter on or about the 16th day of September
1858 at Brown Township in Delaware County Ohio and further
says that they were present at the execution of said will hereto
attached marked "A" and dated as aforesaid, 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
Asahel Potter decd sign said will and heard him publish and
declare the same to be his last will and testament, that the said
Asahel Potter deceased, was, at the time of making signing and
sealing said last Will and testament, of legal age and of sound
mind mind and memory, and under no restraint whatsoever
Israel Breyfogel
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 44)
Description
[page 44]
[corresponds to page 11 of Delaware County Will Records Vol. 5 1869-1876]
11
Record of the Last Will of Asahel Potter, decd
I, J W Jenkins Judge of the Probate and Common Pleas Court
of Jackson County do further testify that the said testimony was
reduced to writing by myself except that in print and in the
hand writing of the Probate Judge of Dealware County, in presence
of said witness and subscribed by said witness in my presence, on
the 19th day of May AD 1869.
In testimony whereof I have hereunto set my hand this
10th day of May AD 1869
J W Jenkins Judge of
Probate and Common Pleas Court
Record of the Last Will of Elijah Carney 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 14th day of May AD 1869
The following is the Journal Entry. to wit =
May 14th 1869
Will and Estate of Doct Elijah Carney decd
The last will and testament and Codicil of Elijah Carney late
of Berkshire decd was presented in Court for Probate and record
Thereupon John M Frost and Mary H Case the two subscribing
witnesses to the will and codicil came into court and were duly
sworn and examined and their testimony reduced to writing
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. It is therefore
considered and ordered that the said will and codicil be ad=
mitted to probate and record as duly proved as the last will
and testament of said Elijah Carney decd and ordered to be
recorded as such
Letters testementary were thereupon duly granted to Edwin
Carney the Executor named in the will (J P Crawford the other
Executor named declining to serve) who gave bonds in the
sum of $15000, with Read Letts Isaac VanSickle and
Henry C Frost his surities. The Court appoint James Lamp=
man, George D Searles and John Finck appraisers of the said
Estate -- Letters issued T.W. Powell.
Probate Judge
(Copy of Will)
In the name of the Benevolent Father.
I Elijah Carney of Berkshire
Township do make and publish this my last will and
testament
Item 1st I will and devise to my beloved wife all my property
both real and personal during her natural life -- she however
setting so much thereof either of real or personal or both
[corresponds to page 11 of Delaware County Will Records Vol. 5 1869-1876]
11
Record of the Last Will of Asahel Potter, decd
I, J W Jenkins Judge of the Probate and Common Pleas Court
of Jackson County do further testify that the said testimony was
reduced to writing by myself except that in print and in the
hand writing of the Probate Judge of Dealware County, in presence
of said witness and subscribed by said witness in my presence, on
the 19th day of May AD 1869.
In testimony whereof I have hereunto set my hand this
10th day of May AD 1869
J W Jenkins Judge of
Probate and Common Pleas Court
Record of the Last Will of Elijah Carney 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 14th day of May AD 1869
The following is the Journal Entry. to wit =
May 14th 1869
Will and Estate of Doct Elijah Carney decd
The last will and testament and Codicil of Elijah Carney late
of Berkshire decd was presented in Court for Probate and record
Thereupon John M Frost and Mary H Case the two subscribing
witnesses to the will and codicil came into court and were duly
sworn and examined and their testimony reduced to writing
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. It is therefore
considered and ordered that the said will and codicil be ad=
mitted to probate and record as duly proved as the last will
and testament of said Elijah Carney decd and ordered to be
recorded as such
Letters testementary were thereupon duly granted to Edwin
Carney the Executor named in the will (J P Crawford the other
Executor named declining to serve) who gave bonds in the
sum of $15000, with Read Letts Isaac VanSickle and
Henry C Frost his surities. The Court appoint James Lamp=
man, George D Searles and John Finck appraisers of the said
Estate -- Letters issued T.W. Powell.
Probate Judge
(Copy of Will)
In the name of the Benevolent Father.
I Elijah Carney of Berkshire
Township do make and publish this my last will and
testament
Item 1st I will and devise to my beloved wife all my property
both real and personal during her natural life -- she however
setting so much thereof either of real or personal or both
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 45)
Description
[page 45]
[corresponds to page 12 of Delaware County Will Records Vol. 5 1869-1876]
12
Record of the Last Will of Elijah Carney decd
as may best suit her convenience sufficient to pay my Just
debts
Item 2nd At the death of my said wife the real Estate aforesaid
any such part of the said personal property or the proceeds
thereof as may then remain unconsumed and unexpended
I give and devise by equal division to my two sons and
my daughter to sit - Benjamin Carney, Edwin Carney and
Sarah Rogers and their heirs forever
I do hereby nominate and appoint Edwin Carney and
J P Crawford Executors of this my 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 best all or
any part of my real Estate and deeds to purchasers to execute
acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made
In Testimony whereof I have hereunto set my hand and
seal this 1st day of Octber 1865
Elijah Carney {seal}
Signed and acknowledged by said Elijah Carney as his last
will and testament in our presence and signed by us in his
presence D T Sherman
John M. Frost
(Codicil)
Whereas I Elijah Carney on the 1st day of Oct 1865
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 son Edwin Carney
(at the death of my said wife) one thousand dollars more
than an equal division with my son Benj Carney and
my daughter Sarah Rogers
In wtiness whereof I have hereunto set my hand and seal
this 1st day of January 1869. Elijah Carney {seal}
Signed and acknowledged by said Elijah Carney as a
Codicil to his last will and testament in our presence
and signed by us in his presence
John M Frost
{U.S. Stamps} Mary A Case
{$5 00/00 # }
(Copy of Testimony)
The State of Ohio }
Delaware County, ss. } In the matter of the last will and
Testament of Elijah Carney late of Berkshire Town=
ship in this County dec -- I John M Frost -- being
[corresponds to page 12 of Delaware County Will Records Vol. 5 1869-1876]
12
Record of the Last Will of Elijah Carney decd
as may best suit her convenience sufficient to pay my Just
debts
Item 2nd At the death of my said wife the real Estate aforesaid
any such part of the said personal property or the proceeds
thereof as may then remain unconsumed and unexpended
I give and devise by equal division to my two sons and
my daughter to sit - Benjamin Carney, Edwin Carney and
Sarah Rogers and their heirs forever
I do hereby nominate and appoint Edwin Carney and
J P Crawford Executors of this my 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 best all or
any part of my real Estate and deeds to purchasers to execute
acknowledge and deliver in fee simple
I do hereby revoke all former wills by me made
In Testimony whereof I have hereunto set my hand and
seal this 1st day of Octber 1865
Elijah Carney {seal}
Signed and acknowledged by said Elijah Carney as his last
will and testament in our presence and signed by us in his
presence D T Sherman
John M. Frost
(Codicil)
Whereas I Elijah Carney on the 1st day of Oct 1865
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 son Edwin Carney
(at the death of my said wife) one thousand dollars more
than an equal division with my son Benj Carney and
my daughter Sarah Rogers
In wtiness whereof I have hereunto set my hand and seal
this 1st day of January 1869. Elijah Carney {seal}
Signed and acknowledged by said Elijah Carney as a
Codicil to his last will and testament in our presence
and signed by us in his presence
John M Frost
{U.S. Stamps} Mary A Case
{$5 00/00 # }
(Copy of Testimony)
The State of Ohio }
Delaware County, ss. } In the matter of the last will and
Testament of Elijah Carney late of Berkshire Town=
ship in this County dec -- I John M Frost -- being
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 46)
Description
[page 46]
[corresponds to page 13 of Delaware County Will Records Vol. 5 1869-1876]
13
Record of the last Will of Elijah Carney decd
duly sworn in open Court this 14th day of May AD 1869 depose
and say that we were presented this deponent and David T
Sherman - were present at the execution of the last will and test=
ament of Elijah Carney of Berkshire Township in this County
hereto annexed bearing date October 1st 1865; that we saw the
said testator subscribe said will, and heard him publish and
declare 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 restraint and that we
signed the same as witnesses at his request and in the presence
of each other. Said David T Sherman is dead - departed this
life abut two years since. Also at the same time came James
P Crawford who being also duly sworn says that he was present
at the Execution of said will and saw said Carney sign and
publish the same as his will and saw the said witnesses witness
the same as stated by said John M Frost
John M Frost
James P Crawford
Sworn to and subscribed before me in Probate Court this 14th
day of May AD 1869
T W Powell
Probate Judge
(Testimony of Witnesses to Codicil)
The State of Ohio }
Delaware County ss. } In the matter of the Codicil to the
Last will and testament of Elijah Carney late of Berks=
hire Township decd
We, John M Frost and Mary A Case
being duly sworn in open Court this 14th day of May AD 1869
depose and say that we were present at the Execution of the
last will and testament and Codicil of Elijah Carney decd
of Berkshire Township hereto annexed bearing date 1st day
of January 1869 and annexed to the will bearing date Oct 1st
1865; that we saw the said testator subscribe said will and
heard him publish and declare the same to be his ^Codicil to his last will
and testament, and that the said signed the same as witnesses
at his request in his presence and in the presence of each other
John M Frost
Mary A Case
Sworn to and subscribed before me, in Probate Court this
14th day of May AD 1869
T W Powell
Probate Judge
[corresponds to page 13 of Delaware County Will Records Vol. 5 1869-1876]
13
Record of the last Will of Elijah Carney decd
duly sworn in open Court this 14th day of May AD 1869 depose
and say that we were presented this deponent and David T
Sherman - were present at the execution of the last will and test=
ament of Elijah Carney of Berkshire Township in this County
hereto annexed bearing date October 1st 1865; that we saw the
said testator subscribe said will, and heard him publish and
declare 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 restraint and that we
signed the same as witnesses at his request and in the presence
of each other. Said David T Sherman is dead - departed this
life abut two years since. Also at the same time came James
P Crawford who being also duly sworn says that he was present
at the Execution of said will and saw said Carney sign and
publish the same as his will and saw the said witnesses witness
the same as stated by said John M Frost
John M Frost
James P Crawford
Sworn to and subscribed before me in Probate Court this 14th
day of May AD 1869
T W Powell
Probate Judge
(Testimony of Witnesses to Codicil)
The State of Ohio }
Delaware County ss. } In the matter of the Codicil to the
Last will and testament of Elijah Carney late of Berks=
hire Township decd
We, John M Frost and Mary A Case
being duly sworn in open Court this 14th day of May AD 1869
depose and say that we were present at the Execution of the
last will and testament and Codicil of Elijah Carney decd
of Berkshire Township hereto annexed bearing date 1st day
of January 1869 and annexed to the will bearing date Oct 1st
1865; that we saw the said testator subscribe said will and
heard him publish and declare the same to be his ^Codicil to his last will
and testament, and that the said signed the same as witnesses
at his request in his presence and in the presence of each other
John M Frost
Mary A Case
Sworn to and subscribed before me, in Probate Court this
14th day of May AD 1869
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 47)
Description
[page 47]
[corresponds to page 14 of Delaware County Will Records Vol. 5 1869-1876]
14
Record of the Last Will of William E Lindsey 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 1st day of June AD 1869
The following is the Journal Entry to wit -
June 1st 1869
Will and Estate of William E Lindsey decd
On the 29th day of May last past, the last will and
testament of William E Lindsey late of Delaware decd
was presented to the Court for probate and record.
Thereupon William M Dalbey and Jackson Hipple
the two subscribing witnesses thereto came into Court and
were duly sworn and Examined and their testimony red=
uced 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 the Execution thereof was of full age of sound mind and
memory, and not under any restraint it is therefore considered
that the said will should be admitted to probate and record
as duly proved as the last will and testament of the said
William E Lindsey decd and ordered to be recorded as such.
Thereupon Mary Lindsey the widow came into Court to
make her Election under the will: and the matter being
fully made known to her and fully understood, and her
interest under the will, and by the law in case she refuses to
take under the will; therefore she declared it was her choice
and election under the will according to the terms thereof
Thereupon the said Mary Lindsey the Executrix named in
the will requested letters testamentary on the Estate, which
which were accordingly granted and who gave bonds as
such Executrix in the sum of $6000 with Harvey Cornell
and Henry Besse her surities conditioned that she pay
the debts and legacies of the Estate. No appraisement recognized
T W Powell
Probate Judge
(Copy of Will)
I William E Lindsey of the Village of Delaware in the County
of Delaware and State of Ohio do make and publish this my
last will and testament
Item 1st It is my will that all my Just debts be paid
Item 2nd I give and devise to my beloved wife Mary Lindsey
the house and lot where we now reside situated on the west
side of Franklin Street and adjoining thereto, and on the south
side of North Street and adjoining thereto, in the Village of Delaware
County of Delaware and State of Ohio being In Lot No 4 NE
pt in said Village with all the appurtenances thereto belong=
ing - Also all my household goods, Store, goods and
chattles, Bonds, Stocks and personal property of every
(ston)
[corresponds to page 14 of Delaware County Will Records Vol. 5 1869-1876]
14
Record of the Last Will of William E Lindsey 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 1st day of June AD 1869
The following is the Journal Entry to wit -
June 1st 1869
Will and Estate of William E Lindsey decd
On the 29th day of May last past, the last will and
testament of William E Lindsey late of Delaware decd
was presented to the Court for probate and record.
Thereupon William M Dalbey and Jackson Hipple
the two subscribing witnesses thereto came into Court and
were duly sworn and Examined and their testimony red=
uced 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 the Execution thereof was of full age of sound mind and
memory, and not under any restraint it is therefore considered
that the said will should be admitted to probate and record
as duly proved as the last will and testament of the said
William E Lindsey decd and ordered to be recorded as such.
Thereupon Mary Lindsey the widow came into Court to
make her Election under the will: and the matter being
fully made known to her and fully understood, and her
interest under the will, and by the law in case she refuses to
take under the will; therefore she declared it was her choice
and election under the will according to the terms thereof
Thereupon the said Mary Lindsey the Executrix named in
the will requested letters testamentary on the Estate, which
which were accordingly granted and who gave bonds as
such Executrix in the sum of $6000 with Harvey Cornell
and Henry Besse her surities conditioned that she pay
the debts and legacies of the Estate. No appraisement recognized
T W Powell
Probate Judge
(Copy of Will)
I William E Lindsey of the Village of Delaware in the County
of Delaware and State of Ohio do make and publish this my
last will and testament
Item 1st It is my will that all my Just debts be paid
Item 2nd I give and devise to my beloved wife Mary Lindsey
the house and lot where we now reside situated on the west
side of Franklin Street and adjoining thereto, and on the south
side of North Street and adjoining thereto, in the Village of Delaware
County of Delaware and State of Ohio being In Lot No 4 NE
pt in said Village with all the appurtenances thereto belong=
ing - Also all my household goods, Store, goods and
chattles, Bonds, Stocks and personal property of every
(ston)
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 48)
Description
[page 48]
[corresponds to page 15 of Delaware County Will Records Vol. 5 1869-1876]
15
Record of the Last Will of William E Lindsey decd
description whatsoever and money - excepting the sum of $600.00
hereinafter devised
Item 3rd I give and devise to my sister Mary W Lindsey
the undivided Equal one-third part interest and Estate in and
to a farm situated in PeePee Township Pike County Ohio - known
as the "Lindsey farm" and now owned Jointly by myself Joepsh
W and Mary W Lindsey heirs at law of Enos Lindsey decd
consisting of about Two Hundred and Thirty-three of land all-
together - also I give and devise to my said Sister Mary W
Lindsey the sum of Six Hundred dollars to be paid to her
by my Executrix as follows, One Hundred dollars
immediately after my decease, and the remainder in Equal
Semi annual payments until paid in full, and if there should
not be sufficient funds in cash in the hands of my Executrix
to pay said sum of $600 as it becomes due that she sell
at private sale a sufficient amount of my personal
property hereinbefore devised to pay said $600.
Item 4th I do hereby nominate and appoint my wife Mary
Executrix of this my last and testament.
In testimony hereof I have hereunto set my hand and
seal this 10th day of February AD 1869
W.E. Lindsey, {seal}
Signed and acknowledged by said William E Lindsey as his
last will and testament in our presence and signed by us in
his presence
Wm M Dalbey {U.S. Stamps}
J. Hipple. {$4 00/100 }
(End of Will)
(Copy of Testimony)
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of William E Lindsey late of the Town of Delaware in this
County decd. We William Dalbey and Jackson Hipple
being duly sworn in open Court this 29th day of May AD 1869,
dipose and say that we were present at the Execution of the last
will and testament of William E Lindsey decd of Delaware Ohio
hereto annexed, bearing date 10th day of February 1869;
that we saw the said testator subscribe said will and heard him
publish and declare the 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 in
his presence and in the presence of each other
Wm M Dalbey
J Hipple
Sworn to and subscribed before me, in the Probate Court this
29th day of May AD 1869.
T. W. Powell, Probate Judge
[corresponds to page 15 of Delaware County Will Records Vol. 5 1869-1876]
15
Record of the Last Will of William E Lindsey decd
description whatsoever and money - excepting the sum of $600.00
hereinafter devised
Item 3rd I give and devise to my sister Mary W Lindsey
the undivided Equal one-third part interest and Estate in and
to a farm situated in PeePee Township Pike County Ohio - known
as the "Lindsey farm" and now owned Jointly by myself Joepsh
W and Mary W Lindsey heirs at law of Enos Lindsey decd
consisting of about Two Hundred and Thirty-three of land all-
together - also I give and devise to my said Sister Mary W
Lindsey the sum of Six Hundred dollars to be paid to her
by my Executrix as follows, One Hundred dollars
immediately after my decease, and the remainder in Equal
Semi annual payments until paid in full, and if there should
not be sufficient funds in cash in the hands of my Executrix
to pay said sum of $600 as it becomes due that she sell
at private sale a sufficient amount of my personal
property hereinbefore devised to pay said $600.
Item 4th I do hereby nominate and appoint my wife Mary
Executrix of this my last and testament.
In testimony hereof I have hereunto set my hand and
seal this 10th day of February AD 1869
W.E. Lindsey, {seal}
Signed and acknowledged by said William E Lindsey as his
last will and testament in our presence and signed by us in
his presence
Wm M Dalbey {U.S. Stamps}
J. Hipple. {$4 00/100 }
(End of Will)
(Copy of Testimony)
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of William E Lindsey late of the Town of Delaware in this
County decd. We William Dalbey and Jackson Hipple
being duly sworn in open Court this 29th day of May AD 1869,
dipose and say that we were present at the Execution of the last
will and testament of William E Lindsey decd of Delaware Ohio
hereto annexed, bearing date 10th day of February 1869;
that we saw the said testator subscribe said will and heard him
publish and declare the 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 in
his presence and in the presence of each other
Wm M Dalbey
J Hipple
Sworn to and subscribed before me, in the Probate Court this
29th day of May AD 1869.
T. W. Powell, Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 49)
Description
[page 49]
[corresponds to page 16 of Delaware County Will Records Vol. 5 1869-1876]
16
Record of the Last Will of James B. Fowler 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 12th day of June AD 1869
The following is the Journal Entry towit
June 12th 1869
Will and Estate of James B Fowler decd
This day the last will and testament of James B Fowler decd late
of Orange Township was presented to the Court for probate and
record. Thereupon Caleb Hall and Alonzo A Hall the subscrib=
ing witnesses thereto came and were duly sworn and examined
and their examination reduced to writing and annexed to the said
will. Thereupon it appearing to the Court that the 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 therefore ordered that
the said will be admitted to probate and record as the last will
and testament of the said James B Fowler, and ordered to be
recorded as such
It appearing that Major Bartholemew the Executor named in
said will declines to act as such; on motion the Court appoints
Gustavus Ellsbree and William S Piatt Administrators with the
will annexed to settle the said Estate in conformity with the will
and the law. The said Adm is acceptd the said appointment
and gave bonds in the sum of $3000. with William P Wentz and
Walter T Watson their surities. Hiram Gregory, Chauncy Smith
and Daniel Andrews appraisers of the said Estate
T W Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of all!
I James B Fowler of Orange Delaware Co in the State
of Ohio do make and publish this my last will and testament
Item 1st It is my will that all my just debts be paid out of
my Estate
Item 2nd I give and devise to my son Bars C Fowler
at my decease one Dollar it being all that I give him out of
my Estate
Item 3rd I give and devise to my son Marc W Fowler if he
should ever return home one Dollar it being all that I give
him out of my Estate
Item 4th I give the rest of ^all my property to my other four heirs
in equal proportions as follows -- I give to my son Jacob C
Fowler's heirs one fourth of the said property above named
I also give to my son Moses W Fowler's heir one fourth of
said property as above named. I also give to my daug-
hter Betsey J Piatt one fourth of said property as above
named. I also give to my Daughter Antinett Ellsbree
one fourth of said property as above named
[corresponds to page 16 of Delaware County Will Records Vol. 5 1869-1876]
16
Record of the Last Will of James B. Fowler 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 12th day of June AD 1869
The following is the Journal Entry towit
June 12th 1869
Will and Estate of James B Fowler decd
This day the last will and testament of James B Fowler decd late
of Orange Township was presented to the Court for probate and
record. Thereupon Caleb Hall and Alonzo A Hall the subscrib=
ing witnesses thereto came and were duly sworn and examined
and their examination reduced to writing and annexed to the said
will. Thereupon it appearing to the Court that the 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 therefore ordered that
the said will be admitted to probate and record as the last will
and testament of the said James B Fowler, and ordered to be
recorded as such
It appearing that Major Bartholemew the Executor named in
said will declines to act as such; on motion the Court appoints
Gustavus Ellsbree and William S Piatt Administrators with the
will annexed to settle the said Estate in conformity with the will
and the law. The said Adm is acceptd the said appointment
and gave bonds in the sum of $3000. with William P Wentz and
Walter T Watson their surities. Hiram Gregory, Chauncy Smith
and Daniel Andrews appraisers of the said Estate
T W Powell
Probate Judge
(Copy of the Will)
In the name of the Benevolent Father of all!
I James B Fowler of Orange Delaware Co in the State
of Ohio do make and publish this my last will and testament
Item 1st It is my will that all my just debts be paid out of
my Estate
Item 2nd I give and devise to my son Bars C Fowler
at my decease one Dollar it being all that I give him out of
my Estate
Item 3rd I give and devise to my son Marc W Fowler if he
should ever return home one Dollar it being all that I give
him out of my Estate
Item 4th I give the rest of ^all my property to my other four heirs
in equal proportions as follows -- I give to my son Jacob C
Fowler's heirs one fourth of the said property above named
I also give to my son Moses W Fowler's heir one fourth of
said property as above named. I also give to my daug-
hter Betsey J Piatt one fourth of said property as above
named. I also give to my Daughter Antinett Ellsbree
one fourth of said property as above named
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 50)
Description
[page 50]
[corresponds to page 17 of Delaware County Will Records Vol. 5 1869-1876]
17
Record of the Last Will of James B Fowler decd
N. B, The above named property is to be paid to my heirs at my
decease. I do hereby revoke all former wills by me made
Item 5th I do hereby nominate and appoint Major Bartholemew
-- of this last will and testament. In testimony whereof
I have hereunto set my hand and seal this Seventh day of July
in the year 1866 J.B. Fowler {seal}
Signed and acknowledge by said James B Fowler as his last
will and testament in our presence and signed by us in his
presence Caleb Hall
A.A. Hall {U.S. Stamp }
{$1 00/100 X}
(Copy of Testimony)
The State of Ohio }
Delaware County, ss, } In the matter of the last will and
testament of James B Fowler late of Orange Township in
this County decd
We Caleb Hall and Alonzo A Hall being
duly sworn in open Court this 12th day of June AD 1869, depose
and say that we were present at the execution of the last will
and testament of James B Fowler of Orange Township hereto
annexed bearing date Seventh day of July 1866: that we saw
the sam 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 of sound mind and memory, and
Not under any restraint, and that we signed the same as
witnesses at his request and in his presence and in the
presence of each other
Caleb hall
Alonzo A hall
Sworn to and subscribed before me, in the Probate Court, this
12th day of June AD 1869
T W Powell
Probate Judge
[corresponds to page 17 of Delaware County Will Records Vol. 5 1869-1876]
17
Record of the Last Will of James B Fowler decd
N. B, The above named property is to be paid to my heirs at my
decease. I do hereby revoke all former wills by me made
Item 5th I do hereby nominate and appoint Major Bartholemew
-- of this last will and testament. In testimony whereof
I have hereunto set my hand and seal this Seventh day of July
in the year 1866 J.B. Fowler {seal}
Signed and acknowledge by said James B Fowler as his last
will and testament in our presence and signed by us in his
presence Caleb Hall
A.A. Hall {U.S. Stamp }
{$1 00/100 X}
(Copy of Testimony)
The State of Ohio }
Delaware County, ss, } In the matter of the last will and
testament of James B Fowler late of Orange Township in
this County decd
We Caleb Hall and Alonzo A Hall being
duly sworn in open Court this 12th day of June AD 1869, depose
and say that we were present at the execution of the last will
and testament of James B Fowler of Orange Township hereto
annexed bearing date Seventh day of July 1866: that we saw
the sam 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 of sound mind and memory, and
Not under any restraint, and that we signed the same as
witnesses at his request and in his presence and in the
presence of each other
Caleb hall
Alonzo A hall
Sworn to and subscribed before me, in the Probate Court, this
12th day of June AD 1869
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 51)
Description
[page 51]
[corresponds to page 18 of Delaware County Will Records Vol. 5 1869-1876]
18
Record of the Last Will of David G Cruickshank 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 day of AD 1869
The following is the Journal Entry towit -
June 17th 1869
Will and Estate of David G Cruckshank decd
This day the last will and testament of David G Cruickshank
late of Liberty Township decd was presented to the Court for
probate and record. Thereupon Richard H Humphreys
and Thomas F Joy the two subscribing witnesses thereto came
into Court and were duly sworn and examined and their
testimony reduced to writing annexed to the said will and
filed therewith and the Court finding 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
therefore ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of
the said David G Cruikcshank decd, and it is ordered
to be recorded as such.
Thereupon letters testimentary were granted to Mrs
Eliza Cruickshank the widow - the Executrix named in
the will, who gave bonds in the sum of $3000 with D B Baker
and R B Baker her surities; who received her letters
no appraisers.
And upon full consideration thereof the said widow
Eliza B Cruickshank delcared that it was her choice
and election to take under the will according to the terms
thereof instead of according to law without the said will
T W Powell
Probate Judge
(Copy of Will)
Will
I David G Cruickshank of Delaware County Sate of
Ohio being of sound mind and 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 wills and testaments and writings in the nature
of last will and testaments by me heretofore made.
My will is first that my funeral expenses and all my
just debts be paid by my Executrix hereinafter named.
The residue of my Estate and property which shall not
be required for the payment of my just debts, funeral charges
and the expenses attending the execution of this my will
and the Administration of my Estate I give devise and
dispose thereof as follows
1st I give and devise to my beloved wife Eliza B
[corresponds to page 18 of Delaware County Will Records Vol. 5 1869-1876]
18
Record of the Last Will of David G Cruickshank 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 day of AD 1869
The following is the Journal Entry towit -
June 17th 1869
Will and Estate of David G Cruckshank decd
This day the last will and testament of David G Cruickshank
late of Liberty Township decd was presented to the Court for
probate and record. Thereupon Richard H Humphreys
and Thomas F Joy the two subscribing witnesses thereto came
into Court and were duly sworn and examined and their
testimony reduced to writing annexed to the said will and
filed therewith and the Court finding 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
therefore ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of
the said David G Cruikcshank decd, and it is ordered
to be recorded as such.
Thereupon letters testimentary were granted to Mrs
Eliza Cruickshank the widow - the Executrix named in
the will, who gave bonds in the sum of $3000 with D B Baker
and R B Baker her surities; who received her letters
no appraisers.
And upon full consideration thereof the said widow
Eliza B Cruickshank delcared that it was her choice
and election to take under the will according to the terms
thereof instead of according to law without the said will
T W Powell
Probate Judge
(Copy of Will)
Will
I David G Cruickshank of Delaware County Sate of
Ohio being of sound mind and 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 wills and testaments and writings in the nature
of last will and testaments by me heretofore made.
My will is first that my funeral expenses and all my
just debts be paid by my Executrix hereinafter named.
The residue of my Estate and property which shall not
be required for the payment of my just debts, funeral charges
and the expenses attending the execution of this my will
and the Administration of my Estate I give devise and
dispose thereof as follows
1st I give and devise to my beloved wife Eliza B
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 52)
Description
[page 52]
[corresponds to page 19 of Delaware County Will Records Vol. 5 1869-1876]
19
Record of the Last Will of David G. Cruickshank, decd
Cruickshank all my household furniture, clothing and book
and all my personal property consisting of horses, cattle, sheep
hogs and all other stock and all the Farming Implements, wagons
harness etc that may be on the premises on which I now reside
at the time of my decease also all moneys & credits due me
or on hand at the time of my ^said decease To have and To hold to
her and her heirs assigns Executors and Administrators to her
and their use and behold forever.
2nd I give bequeath and devise to my said beloved wife Eliza
B Cruickshank, the entire, exclusive and undivided use and
control, rents, profits & benefits of the farm on which we now
reside & hereinafter described and all buildings & improve-
ments thereon To have and to hold during her natural life
said farm is situated in Delaware County State of Ohio and
in Range Nineteen (19) Township four (4) Section four (4) of
the United States Military survey & being the north east
part of Lot No 20 containing one hundred and fourteen
acres 135 4/10 perches of land more or less, bounded on the west
by the center of the old turnpike road - north by the center of the
County road - east by the section & Range line & south by
50 acres ^of land set off & quit claimed to Mrs Jane Leonard.
3rd all the residue of bequests & devises herein given to my
said beloved wife Eliza B Cruickshank both personal & real
which my said wife shall not have used for her support &
comfort or disposed of during her life time I give & bequeath
to my aforesaid Children
3rd All the rest of my Estate not herein before devised I give
and devise to all my Children - Olive L Young wife of
Wm B Young, Stephen L Cruickshank David G Cruickshank
Jr. Eliza J Cruickshank, Clarissa P Janes wife of Samor
Janes Wm W Cruickshank, Oliver D Cruickshank, Lavina
G. Cruickshank & Lawrence A Cruickshank to be equally
divided between them taking into the account all advances
of money or property made to any or all of them by me in
my life time as stated in a book in which said account
of advances are entered & per receipts given by said recip=
ients of advancement, and
4th All the residue of bequests and devises herein given
to my said Beloved wife Eliza B Cruickshank both personal
and real which my said wife shall not have used for her
support and Mandaman comfort or disposed of during her
life-time. I give & bequeath to my aforesaid Children as herein
above named to be equally divided among my said children
it being my will that if any of my children shall die previous
to the decease of my said beloved wife leaving children, that their
children shall inherit their Parents proportion of my Estate.
Also it is my will that in case any of my said children shall
die during the lifetime of my said beloved wife, her Item 3d in this
[corresponds to page 19 of Delaware County Will Records Vol. 5 1869-1876]
19
Record of the Last Will of David G. Cruickshank, decd
Cruickshank all my household furniture, clothing and book
and all my personal property consisting of horses, cattle, sheep
hogs and all other stock and all the Farming Implements, wagons
harness etc that may be on the premises on which I now reside
at the time of my decease also all moneys & credits due me
or on hand at the time of my ^said decease To have and To hold to
her and her heirs assigns Executors and Administrators to her
and their use and behold forever.
2nd I give bequeath and devise to my said beloved wife Eliza
B Cruickshank, the entire, exclusive and undivided use and
control, rents, profits & benefits of the farm on which we now
reside & hereinafter described and all buildings & improve-
ments thereon To have and to hold during her natural life
said farm is situated in Delaware County State of Ohio and
in Range Nineteen (19) Township four (4) Section four (4) of
the United States Military survey & being the north east
part of Lot No 20 containing one hundred and fourteen
acres 135 4/10 perches of land more or less, bounded on the west
by the center of the old turnpike road - north by the center of the
County road - east by the section & Range line & south by
50 acres ^of land set off & quit claimed to Mrs Jane Leonard.
3rd all the residue of bequests & devises herein given to my
said beloved wife Eliza B Cruickshank both personal & real
which my said wife shall not have used for her support &
comfort or disposed of during her life time I give & bequeath
to my aforesaid Children
3rd All the rest of my Estate not herein before devised I give
and devise to all my Children - Olive L Young wife of
Wm B Young, Stephen L Cruickshank David G Cruickshank
Jr. Eliza J Cruickshank, Clarissa P Janes wife of Samor
Janes Wm W Cruickshank, Oliver D Cruickshank, Lavina
G. Cruickshank & Lawrence A Cruickshank to be equally
divided between them taking into the account all advances
of money or property made to any or all of them by me in
my life time as stated in a book in which said account
of advances are entered & per receipts given by said recip=
ients of advancement, and
4th All the residue of bequests and devises herein given
to my said Beloved wife Eliza B Cruickshank both personal
and real which my said wife shall not have used for her
support and Mandaman comfort or disposed of during her
life-time. I give & bequeath to my aforesaid Children as herein
above named to be equally divided among my said children
it being my will that if any of my children shall die previous
to the decease of my said beloved wife leaving children, that their
children shall inherit their Parents proportion of my Estate.
Also it is my will that in case any of my said children shall
die during the lifetime of my said beloved wife, her Item 3d in this
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 53)
Description
[page 53]
[corresponds to page 20 of Delaware County Will Records Vol. 5 1869-1876]
20
Record of the Last Will of David G Cruickshank decd
will that their children receive their parents proportion of said
Item 3d aforesaid
And I nominate and appoint my wife Eliza B Cruickshank
to be the sole Administratrix of this my last will and test=
ament.
In testimony whereof I the said David G Cruickshank
have hereunto set my hand and the seal subscribed my name
and affixed my seal this day of November Ad 1866
David G Cruickshank {seal}
Signed sealed and declared by said David G Cruickshank to be
his last will and testament in presence of us who at his request
have subscribed our names as witnesses hereto in the presence
of each other
R H Humphreys
T F Joy {U.S. Stamps}
James Eaton {$8.00/100 XX}
(Copy of Testimony)
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of David G Cruickshank late of Liberty Tp in this county
decd
We, Richard H Humphreys and Thomas F Joy being being duly
sworn in open Court this 17th day of June AD 1869, depose and
say that we were present at the Execution of the last will and
testament of David G Cruickshank of Liberty Township
in this County hereto annexed bearing date day of
November AD 1866: that we saw the said testator subscribe said
will and heard him publish and declare the 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 in his presence and
in the presence of each other
R H Humphreys
Thos F Joy
Sworn to and subscribed before me in Probate Court, this
17th day of June AD 1869
T W Powell
Probate Judge
[corresponds to page 20 of Delaware County Will Records Vol. 5 1869-1876]
20
Record of the Last Will of David G Cruickshank decd
will that their children receive their parents proportion of said
Item 3d aforesaid
And I nominate and appoint my wife Eliza B Cruickshank
to be the sole Administratrix of this my last will and test=
ament.
In testimony whereof I the said David G Cruickshank
have hereunto set my hand and the seal subscribed my name
and affixed my seal this day of November Ad 1866
David G Cruickshank {seal}
Signed sealed and declared by said David G Cruickshank to be
his last will and testament in presence of us who at his request
have subscribed our names as witnesses hereto in the presence
of each other
R H Humphreys
T F Joy {U.S. Stamps}
James Eaton {$8.00/100 XX}
(Copy of Testimony)
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of David G Cruickshank late of Liberty Tp in this county
decd
We, Richard H Humphreys and Thomas F Joy being being duly
sworn in open Court this 17th day of June AD 1869, depose and
say that we were present at the Execution of the last will and
testament of David G Cruickshank of Liberty Township
in this County hereto annexed bearing date day of
November AD 1866: that we saw the said testator subscribe said
will and heard him publish and declare the 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 in his presence and
in the presence of each other
R H Humphreys
Thos F Joy
Sworn to and subscribed before me in Probate Court, this
17th day of June AD 1869
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 54)
Description
[page 54]
[corresponds to page 21 of Delaware County Will Records Vol. 5 1869-1876]
21
Record of the Last Will of Jacob Fry 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 14th day of August AD 1869
The following is the Journal Entry towit
August 14th 1869
Will and Estate of Jacob Fry decd
The last will and testament of Jacob Fry late of Brown Township decd
was presented to the Court for probate and record, and thereupon Marshall
M Glass one of the subscribing witnesses to the will came into court
and were duly sworn and examined: and the other witness to the
same James M Abrams having died William E Moore was also
sworn and examined, and their testimony reduced to writing and
annexed to the said will and filed therewith: and it then 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 therefore ordered that the said will be admitted
to probate and record as duly proved as the last will and testament
of said Jacob Fry decd and ordered to be recorded as such
(No letters issued) T W Powell
Probate Judge
(Will)
In the name of the Benevolent Father of all
I, Jacob Fry of Brown
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 situate in Brown Township Delaware County
Ohio during her natural life or so long as she shall remain
my widow. Also all the personal property I hold at my decease
I give and bequeath to my said wife during her natural life, except
that which is mentioned in Item Second. At the death of my said
wife the real Estate and personal property aforesaid I devise
and bequeath to William Hendren Fry aged nineteen years.
If however said William Hendren Fry should die before the
death of my wife having no children, then at the death of my
said wife I devise and bequest the aforesaid property to the
heirs of Caroline Hipple.
Item 2nd I give and bequeath to William Hendren Fry one bay
horse and one buggy and one hundred dollars in money.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this tenth day of September AD 1868
his
Jacob x Fry {seal}
mark
Signed and acknowledged by said Jacob Fry as his last will
and testament in our presence and signed by as in his presence
{U.S. Stamps} J.M. Abrahams
{$2 00/100 X} M.M. Glass
over
[corresponds to page 21 of Delaware County Will Records Vol. 5 1869-1876]
21
Record of the Last Will of Jacob Fry 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 14th day of August AD 1869
The following is the Journal Entry towit
August 14th 1869
Will and Estate of Jacob Fry decd
The last will and testament of Jacob Fry late of Brown Township decd
was presented to the Court for probate and record, and thereupon Marshall
M Glass one of the subscribing witnesses to the will came into court
and were duly sworn and examined: and the other witness to the
same James M Abrams having died William E Moore was also
sworn and examined, and their testimony reduced to writing and
annexed to the said will and filed therewith: and it then 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 therefore ordered that the said will be admitted
to probate and record as duly proved as the last will and testament
of said Jacob Fry decd and ordered to be recorded as such
(No letters issued) T W Powell
Probate Judge
(Will)
In the name of the Benevolent Father of all
I, Jacob Fry of Brown
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 situate in Brown Township Delaware County
Ohio during her natural life or so long as she shall remain
my widow. Also all the personal property I hold at my decease
I give and bequeath to my said wife during her natural life, except
that which is mentioned in Item Second. At the death of my said
wife the real Estate and personal property aforesaid I devise
and bequeath to William Hendren Fry aged nineteen years.
If however said William Hendren Fry should die before the
death of my wife having no children, then at the death of my
said wife I devise and bequest the aforesaid property to the
heirs of Caroline Hipple.
Item 2nd I give and bequeath to William Hendren Fry one bay
horse and one buggy and one hundred dollars in money.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and
seal this tenth day of September AD 1868
his
Jacob x Fry {seal}
mark
Signed and acknowledged by said Jacob Fry as his last will
and testament in our presence and signed by as in his presence
{U.S. Stamps} J.M. Abrahams
{$2 00/100 X} M.M. Glass
over
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 55)
Description
[page 55]
[corresponds to page 22 of Delaware County Will Records Vol. 5 1869-1876]
22
Record of the Last Will of Jacob Fry, deceased
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of Jacob Fry late of Brown Township in this County decd
I, Marshall M Glass, who was witness to said
will with James M Abrahms who is now deceased being duly
sworn in open Court this 7th day of August AD 1869, depose and
say that we, this affiant and James M Abrahms were present at the
Execution of the last will and testament of Jacob Fry of Brown
Township hereto annexed, bearing date 10th 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 at his request and in his presence
and in the presence of each other, and further says that said James M
Abrahams has since departed this life, having died May last
and at the same time came William E Moon who being duly sworn
says that he was well acquainted with said Abraham in his lifetime
and acquainted with his hand writing and would say on looking at
the signature on said will that it was his hand writing.
M M Glass
W E Moore
Sworn to and subscribed before me, in the Probate Court this 7th Day
of August AD 1869 T W Powell
Probate Judge
Record of the Last Will of Cynthia A Safford 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 October AD 1869
The following is the Journal Order made on that day, to wit:
October 25th 1869
Will of Cynthia A Safford decd, Ordered to be recorded
This day the authenticated copy from the record of the Probate
Judge of Union County in the State of Ohio, of the probate of the
last will and testament of Cynthia A Safford late of the said
County of Union, decd, as admitted to record in the Probate
Court of the said County of union on the 10th day of July AD
1869. and this Court being satisfied that the said will related
to property in this County orders that the same be recorded
and entered on record in this Court.
T.W. Powell,
Probate Judge
Union County Probate Court July 10th 1869
Cynthia A Safford's }
Will } Be it rememberd that this day
[corresponds to page 22 of Delaware County Will Records Vol. 5 1869-1876]
22
Record of the Last Will of Jacob Fry, deceased
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of Jacob Fry late of Brown Township in this County decd
I, Marshall M Glass, who was witness to said
will with James M Abrahms who is now deceased being duly
sworn in open Court this 7th day of August AD 1869, depose and
say that we, this affiant and James M Abrahms were present at the
Execution of the last will and testament of Jacob Fry of Brown
Township hereto annexed, bearing date 10th 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 at his request and in his presence
and in the presence of each other, and further says that said James M
Abrahams has since departed this life, having died May last
and at the same time came William E Moon who being duly sworn
says that he was well acquainted with said Abraham in his lifetime
and acquainted with his hand writing and would say on looking at
the signature on said will that it was his hand writing.
M M Glass
W E Moore
Sworn to and subscribed before me, in the Probate Court this 7th Day
of August AD 1869 T W Powell
Probate Judge
Record of the Last Will of Cynthia A Safford 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 October AD 1869
The following is the Journal Order made on that day, to wit:
October 25th 1869
Will of Cynthia A Safford decd, Ordered to be recorded
This day the authenticated copy from the record of the Probate
Judge of Union County in the State of Ohio, of the probate of the
last will and testament of Cynthia A Safford late of the said
County of Union, decd, as admitted to record in the Probate
Court of the said County of union on the 10th day of July AD
1869. and this Court being satisfied that the said will related
to property in this County orders that the same be recorded
and entered on record in this Court.
T.W. Powell,
Probate Judge
Union County Probate Court July 10th 1869
Cynthia A Safford's }
Will } Be it rememberd that this day
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 56)
Description
[page 56]
[corresponds to page 23 of Delaware County Will Records Vol. 5 1869-1876]
23
Record of the Last Will of Cynthia A Safford decd
the last will and testament of Cynthia A Safford was presented
Court by Pelethia Safford, and Alpheus Stumm and Catherine
Stumm the subscribing witnesses to said will appeared as witnesses
in Court and on oath testified to the due execution of said will
which testimony was reduced to writing by me, and by said witnesses
subscribed and filed with said will and it appearing to the Court by
said testimony that said will was duly attested and executed and the
said Cynthia A Safford at the time of making signing and sealing said
will, was of legal age and of sound and disposing mind and memory
and and under no undue or unlawful restraint whatsoever.
It is therefore ordered by the Court that the said will and the test-
imony be recorded.
The said will and the testimony so reduced, are recorded herein
in the words following, to wit:
I, Cynthia A Safford of the
County of Delaware Union, State of Ohio do make and publish
this my last will and testament.
I give and bequeath to my husband Pelethia Safford my
House and Lot to wit being part of Out Lots as twelve (12)
thirteen (13) as designated B & G on the Plat of the Town of Norton
in the County of Delaware in the Sate of Ohio, also ^all my House
hold goods, except my Coverlid for Bed which I give and
devise Mrs Serena Mansen during her natural lifetime and
at her death to go to her daughter Serena Mansen.
In testimony hereof I have hereunto set my hand and seal
this twenty seventh day of July As Eighteen Hundred and sixty
seven Cynthia A Safford {seal}
Signed and acknowledge by said Cynthia A Safford
as her last will and testament and in our present and signed
by us in her presence
Alpheus Stumm
Catherine Stumm
The State of Ohio Union County, ss. } Probate Court
personally appeared in open Court
Alpheus Stumm and Catherine Stumm the subscribing
witnesses to the last will and testament of Cynthia A Safford decd
who being duly sworn according to law to speak the truth, the whole
truth & nothing but the truth in relation to the execution of said
will depose and say that the paper before them purporting to be
the last will and testament of Cynthia A Safford now deceased
present at the Execution of said will at the request of the test-
ix subscribed their names to the same as witnesses in her
presence and that they saw the said Cynthia A Safford died
sign and seal said will and heard her acknowledge the same
to be her last will and testament and that said Cynthia
A Safford at the time of making signing and sealing said
[corresponds to page 23 of Delaware County Will Records Vol. 5 1869-1876]
23
Record of the Last Will of Cynthia A Safford decd
the last will and testament of Cynthia A Safford was presented
Court by Pelethia Safford, and Alpheus Stumm and Catherine
Stumm the subscribing witnesses to said will appeared as witnesses
in Court and on oath testified to the due execution of said will
which testimony was reduced to writing by me, and by said witnesses
subscribed and filed with said will and it appearing to the Court by
said testimony that said will was duly attested and executed and the
said Cynthia A Safford at the time of making signing and sealing said
will, was of legal age and of sound and disposing mind and memory
and and under no undue or unlawful restraint whatsoever.
It is therefore ordered by the Court that the said will and the test-
imony be recorded.
The said will and the testimony so reduced, are recorded herein
in the words following, to wit:
I, Cynthia A Safford of the
County of Delaware Union, State of Ohio do make and publish
this my last will and testament.
I give and bequeath to my husband Pelethia Safford my
House and Lot to wit being part of Out Lots as twelve (12)
thirteen (13) as designated B & G on the Plat of the Town of Norton
in the County of Delaware in the Sate of Ohio, also ^all my House
hold goods, except my Coverlid for Bed which I give and
devise Mrs Serena Mansen during her natural lifetime and
at her death to go to her daughter Serena Mansen.
In testimony hereof I have hereunto set my hand and seal
this twenty seventh day of July As Eighteen Hundred and sixty
seven Cynthia A Safford {seal}
Signed and acknowledge by said Cynthia A Safford
as her last will and testament and in our present and signed
by us in her presence
Alpheus Stumm
Catherine Stumm
The State of Ohio Union County, ss. } Probate Court
personally appeared in open Court
Alpheus Stumm and Catherine Stumm the subscribing
witnesses to the last will and testament of Cynthia A Safford decd
who being duly sworn according to law to speak the truth, the whole
truth & nothing but the truth in relation to the execution of said
will depose and say that the paper before them purporting to be
the last will and testament of Cynthia A Safford now deceased
present at the Execution of said will at the request of the test-
ix subscribed their names to the same as witnesses in her
presence and that they saw the said Cynthia A Safford died
sign and seal said will and heard her acknowledge the same
to be her last will and testament and that said Cynthia
A Safford at the time of making signing and sealing said
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 57)
Description
[page 57]
[corresponds to page 24 of Delaware County Will Records Vol. 5 1869-1876]
24
Record of the Last Will of Cynthia A Safford decd
will was a legal age and of sound mind and memory and
under no undue or unlawful restraint whatsoever.
Alpheus Stumm
Catherine Stumm
Sworn to and subscribed in open Court this 16th day of July
AD 1864 James R Smith Probate Judge
The State of Ohio Delaware County ss
James R Smith Sole Judge and
in office Clerk of the Probate Court - of said county do hereby
certify the foregoing will Testimony and Journal Entry are
Justly taken and correctly copied from the files and records
of said Court.
In testimony whereof I have hereinto affixed my
{ SEAL } signature and the seal of said Court at Marysville
this 14th day of July AD 1869
James R Smith Probate Judge
Record of the Last Will of George Clack decd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio at the Court
House in the Town of Delaware on the 28th day of December AD 1869
Therefore to wit on the 28th day of December AD 1869 the following
order was made in the Journal as follows towit~
December 28th 1869
Will of George Clack late of Union County deceased
This day the authenticaed copy of the last will and testament
of George Clack late of Union County decd as proved and admitted
to record in the Probate Court of Union County Ohio on the 9th day of March
day was presented for record in this Court. And this Court being satisfied
that the said will related to real property in this County, it is ordered
that the same be admitted to record and recorded in this Court and
County T W Powell Probate Judge
The following is a copy of the said will and the proof thereof,
with the certificate of the said court of Probate of Union County and
towit "Union County Probate Court March 9th 1869
George Clark's } Be it remembered that on this day March
}
Will } 9th 1869 the last will and testament of George Clark
late of Union County Ohio deceased was produced in Court by
Henry C. Targust, the Executor named in said will and William H
Ferguson and S Walker the subscribing witnesses to said will appeared
in open Court and on oath testified to the due execution of and will
which testimony was reduced to writing by me and by said witnesses
subscribed and filed with said will, and it appearing to the Court by said
testimony that he said will was duly attested and executed that the said
testator at the time of making signing and sealing said will was of
[corresponds to page 24 of Delaware County Will Records Vol. 5 1869-1876]
24
Record of the Last Will of Cynthia A Safford decd
will was a legal age and of sound mind and memory and
under no undue or unlawful restraint whatsoever.
Alpheus Stumm
Catherine Stumm
Sworn to and subscribed in open Court this 16th day of July
AD 1864 James R Smith Probate Judge
The State of Ohio Delaware County ss
James R Smith Sole Judge and
in office Clerk of the Probate Court - of said county do hereby
certify the foregoing will Testimony and Journal Entry are
Justly taken and correctly copied from the files and records
of said Court.
In testimony whereof I have hereinto affixed my
{ SEAL } signature and the seal of said Court at Marysville
this 14th day of July AD 1869
James R Smith Probate Judge
Record of the Last Will of George Clack decd
Proceedings had before Thomas W Powell Judge of the Probate
Court in and for the County of Delaware and State of Ohio at the Court
House in the Town of Delaware on the 28th day of December AD 1869
Therefore to wit on the 28th day of December AD 1869 the following
order was made in the Journal as follows towit~
December 28th 1869
Will of George Clack late of Union County deceased
This day the authenticaed copy of the last will and testament
of George Clack late of Union County decd as proved and admitted
to record in the Probate Court of Union County Ohio on the 9th day of March
day was presented for record in this Court. And this Court being satisfied
that the said will related to real property in this County, it is ordered
that the same be admitted to record and recorded in this Court and
County T W Powell Probate Judge
The following is a copy of the said will and the proof thereof,
with the certificate of the said court of Probate of Union County and
towit "Union County Probate Court March 9th 1869
George Clark's } Be it remembered that on this day March
}
Will } 9th 1869 the last will and testament of George Clark
late of Union County Ohio deceased was produced in Court by
Henry C. Targust, the Executor named in said will and William H
Ferguson and S Walker the subscribing witnesses to said will appeared
in open Court and on oath testified to the due execution of and will
which testimony was reduced to writing by me and by said witnesses
subscribed and filed with said will, and it appearing to the Court by said
testimony that he said will was duly attested and executed that the said
testator at the time of making signing and sealing said will was of
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 58)
Description
[page 58]
[corresponds to page 25 of Delaware County Will Records Vol. 5 1869-1876]
25
Record of the Last Will of George Clark deceased
legal age and of sound mind, memory and not under any restraint what-
soever. It is therefore ordered by the Court that the said will and the testimony
be recorded. The said will and testimony are recorded herein in the words
following, towit.
"In the name of the Benevolent Father of all!
I George Clark of Clarebom Township Union County Ohio do
make this my last will and testament.
1st It is my will that as soon after my decease as may be deemed
proper, my funeral expenses be paid out of my Estate
2nd I will and bequeath to Clarky Galloway One Hundred Dollars
3rd All the residue of my property effects both real & personal I will and
bequeath to my Nephew Henry C Tonguet in view of his having
taken care of me in my old age & in view of his still taken care of
me during my natural lifetime. And it is my will that my Estate
be settled without Court charges and hence I constitute & appoint my
said Nephew Henry C Tonguet my Executor and authorize him to
pay my funeral expenses after my decease and to pay the One Hundred
Dollars - above mentioned to my Niece Charky Galloway within
one year after my deceased and to fully carry out the provisions
of this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 18th day of December AD 1866
George Clark {Seal}
Signed by George Clark in our presence & signed by us in his presence
W H Ferguson
S Walker
The State of Ohio}
}
Union County ss }
Personally appeared in open court W H Ferguson
& S Walker the subscribing witnesses to the last will and testament of
George Clark deceased who being duly sworn according to law to
speak the truth the whole truth & nothing but the truth in relation
to the execution of said will, depose and say what the paper before
them purporting to be the last will and testament of Geoerge Clark
now deceased is the last will & testament of deceased George Clark
that they were present at the execution & at the request of the testator sub-
scribed this names as witnesses to the same in his presence and that they
saw the said George Clark deceased sign & seal said will & heard him ack-
nowledge the same to be his last will & testament that they said George
Clark at the time of making signing & sealing was of legal age & of sound
& deposing mind & memory & under no undue or unlawful restraint
whatsoever W H Ferguson
S Walker
Sworn to & subscribed before me this 9th day of March AD 1869
James R Smith Probate Judge
The State of Ohio }
}
Delaware County ss } In the Probate Court
James R Smith Probate Judge in & for
[corresponds to page 25 of Delaware County Will Records Vol. 5 1869-1876]
25
Record of the Last Will of George Clark deceased
legal age and of sound mind, memory and not under any restraint what-
soever. It is therefore ordered by the Court that the said will and the testimony
be recorded. The said will and testimony are recorded herein in the words
following, towit.
"In the name of the Benevolent Father of all!
I George Clark of Clarebom Township Union County Ohio do
make this my last will and testament.
1st It is my will that as soon after my decease as may be deemed
proper, my funeral expenses be paid out of my Estate
2nd I will and bequeath to Clarky Galloway One Hundred Dollars
3rd All the residue of my property effects both real & personal I will and
bequeath to my Nephew Henry C Tonguet in view of his having
taken care of me in my old age & in view of his still taken care of
me during my natural lifetime. And it is my will that my Estate
be settled without Court charges and hence I constitute & appoint my
said Nephew Henry C Tonguet my Executor and authorize him to
pay my funeral expenses after my decease and to pay the One Hundred
Dollars - above mentioned to my Niece Charky Galloway within
one year after my deceased and to fully carry out the provisions
of this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 18th day of December AD 1866
George Clark {Seal}
Signed by George Clark in our presence & signed by us in his presence
W H Ferguson
S Walker
The State of Ohio}
}
Union County ss }
Personally appeared in open court W H Ferguson
& S Walker the subscribing witnesses to the last will and testament of
George Clark deceased who being duly sworn according to law to
speak the truth the whole truth & nothing but the truth in relation
to the execution of said will, depose and say what the paper before
them purporting to be the last will and testament of Geoerge Clark
now deceased is the last will & testament of deceased George Clark
that they were present at the execution & at the request of the testator sub-
scribed this names as witnesses to the same in his presence and that they
saw the said George Clark deceased sign & seal said will & heard him ack-
nowledge the same to be his last will & testament that they said George
Clark at the time of making signing & sealing was of legal age & of sound
& deposing mind & memory & under no undue or unlawful restraint
whatsoever W H Ferguson
S Walker
Sworn to & subscribed before me this 9th day of March AD 1869
James R Smith Probate Judge
The State of Ohio }
}
Delaware County ss } In the Probate Court
James R Smith Probate Judge in & for
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 59)
Description
[page 59]
[corresponds to page 26 of Delaware County Will Records Vol. 5 1869-1876]
26
Record of the Last Will of William Dodds deceased
said County so hereby certify the forgoing to be a true copy of the will of
George Clark decd the probate & record thereof
In testimony whereof I have hereunto set my hand
{Seal} & the seal of said court of Marysville this 3rd day of
November AD 1869
James R Smith Probate Judge
___________________________________
Record of the Last Will of William Dodds deceased
Proceedings had before Hon Thomas W Powell Judge of the Court
of Probate in & for the County of Delaware & State of Ohio, at his
office in the Court House in the Town of Delaware, on the 1st day of
September AD 1869
Therefore, to wit- on said 15th day of Sept - AD 1869 the follow
ing order was made in the Journal as follows towit~
September 15th 1869
Will and Estate of William C Dodds deceased
This day the last will & testament of William C Dodds late of
Scioto Township was presented to the court and were duly sworn &
examined & this testimony reduced to writing & filed with said
will and it therefore appearing to the Court that the said will was
duly executed & attested & that the testator at the time of executing
the same was of full age of sound mind & memory & not under any
restraint, it is therefore ordered that the said will be admitted to probate
as duly found as the last will & testament of said William C Dodds
& be recorded as such (No letters)
T W Powell
Probate Judge
The following is the record of said will, towit~
"In the name of the Benevolent Father of All!
I William C Dodds of the County of Delaware, Ohio, do make and
publish this my last will & testament.
Item 1st I give and devise to my son William A Dodds - all of my
property both real & personal in fee simple____________________________
which shall remain after paying my first debts upon the conditions
following, towit: that he shall take care of maintain & support his
Mother - Mary Dodds - during her natural life - if she shall out live
me - and upon the further conditions that he pay to my son Robert C
Dodds the sum of One Thousand Dollars within one year after my
decease - or one year after the death of my wife Mary Dodds - if she shall
out live me: and upon the further condition that he pay to my grandson
Clarence Dodds the sum of Ten Dollars.
Item 2nd I do hereby nominate and appoint my son William H
Dodds Executor of this my last will & testament: I desire that the
appraisement of my personal property be made & that the Court
[corresponds to page 26 of Delaware County Will Records Vol. 5 1869-1876]
26
Record of the Last Will of William Dodds deceased
said County so hereby certify the forgoing to be a true copy of the will of
George Clark decd the probate & record thereof
In testimony whereof I have hereunto set my hand
{Seal} & the seal of said court of Marysville this 3rd day of
November AD 1869
James R Smith Probate Judge
___________________________________
Record of the Last Will of William Dodds deceased
Proceedings had before Hon Thomas W Powell Judge of the Court
of Probate in & for the County of Delaware & State of Ohio, at his
office in the Court House in the Town of Delaware, on the 1st day of
September AD 1869
Therefore, to wit- on said 15th day of Sept - AD 1869 the follow
ing order was made in the Journal as follows towit~
September 15th 1869
Will and Estate of William C Dodds deceased
This day the last will & testament of William C Dodds late of
Scioto Township was presented to the court and were duly sworn &
examined & this testimony reduced to writing & filed with said
will and it therefore appearing to the Court that the said will was
duly executed & attested & that the testator at the time of executing
the same was of full age of sound mind & memory & not under any
restraint, it is therefore ordered that the said will be admitted to probate
as duly found as the last will & testament of said William C Dodds
& be recorded as such (No letters)
T W Powell
Probate Judge
The following is the record of said will, towit~
"In the name of the Benevolent Father of All!
I William C Dodds of the County of Delaware, Ohio, do make and
publish this my last will & testament.
Item 1st I give and devise to my son William A Dodds - all of my
property both real & personal in fee simple____________________________
which shall remain after paying my first debts upon the conditions
following, towit: that he shall take care of maintain & support his
Mother - Mary Dodds - during her natural life - if she shall out live
me - and upon the further conditions that he pay to my son Robert C
Dodds the sum of One Thousand Dollars within one year after my
decease - or one year after the death of my wife Mary Dodds - if she shall
out live me: and upon the further condition that he pay to my grandson
Clarence Dodds the sum of Ten Dollars.
Item 2nd I do hereby nominate and appoint my son William H
Dodds Executor of this my last will & testament: I desire that the
appraisement of my personal property be made & that the Court
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 60)
Description
[page 60]
[corresponds to page 27 of Delaware County Will Records Vol. 5 1869-1876]
27
Record of the Last Will of William C Dodds deceased
of probate direct the omission of the same in puranance of the Statute
In testimony that this is my last will & testament I have
hereunto set my hand & seal this 23rd day of April 1869
Wm C Dodds {seal}
Signed & acknowledged by the said William C Dodds as his last will
& testament in our presence & signed by us in his presence as witnesses
at his request M C Lawrence
{U S Stamps} Joseph W Lawrence
{$2 00/100 X}
The State of Ohio }
Delaware County ss } In the matter of the Last Will & testament of
William C Dodds late of Scioto Township in said County deceased
We Marcinns C Lawrence & Joseph W Lawrence
being duly sworn in open Court this 15th day of September Ad 1869,
depose & say that we were present at the Execution of the last will and
testament of William C Dodds of Scioto Township in this County
hereto annexed, bearing date 23rd day of April 1869: that we saw the
said testator subscribe said will, & heard him publish & declare the
same to be his last will & testament & that the said testator, at the said
testator, at the time of executing the same, was of full age and of sound
mind & memory, & not under any restraint, & that we signed the same
as witnesses at his request & in his presence & in the presence of each
other.
M C Lawrence
Joseph W Lawrence
Sworn to & subscribed before me in the Probate Court, this 15th
day of September Ad 1869
T W Powell Probate Judge
Record of the Last Will of Sarah Curtiss deceased
Proceedings had before Hon Thomas W Powell Judge of the Probate
Court in & for Delaware County, State of Ohio: at his office in the
Court House in the Town of Delaware on the 29th day of September
AD 1869.
Thereupon, towit: on said 27th day of Sept Ad 1869 the following
order was made in the Journal as follows towit
September 27th 1869
This day the last will & testament of Mrs Sarah Curtis late of Genoa Twp
decd was presented to the Court for probate and record. Thereupon Mary
Ann Jackson & Mary L Carter the two subscribing witnesses to the said
will came into Court & were duly sworn and examined & their testimony
reduced to writing annexed to the said will & filed therewith. And it
appearing 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 of sound mind
& memory & not under any restraint. The Court upon consideration
orders that the said will be admitted to probate as duly proved as the last
will & testament of and Sarah Curtis decd & ordered to be recorded as such
(Signed) T W Powell Probate Judge
[corresponds to page 27 of Delaware County Will Records Vol. 5 1869-1876]
27
Record of the Last Will of William C Dodds deceased
of probate direct the omission of the same in puranance of the Statute
In testimony that this is my last will & testament I have
hereunto set my hand & seal this 23rd day of April 1869
Wm C Dodds {seal}
Signed & acknowledged by the said William C Dodds as his last will
& testament in our presence & signed by us in his presence as witnesses
at his request M C Lawrence
{U S Stamps} Joseph W Lawrence
{$2 00/100 X}
The State of Ohio }
Delaware County ss } In the matter of the Last Will & testament of
William C Dodds late of Scioto Township in said County deceased
We Marcinns C Lawrence & Joseph W Lawrence
being duly sworn in open Court this 15th day of September Ad 1869,
depose & say that we were present at the Execution of the last will and
testament of William C Dodds of Scioto Township in this County
hereto annexed, bearing date 23rd day of April 1869: that we saw the
said testator subscribe said will, & heard him publish & declare the
same to be his last will & testament & that the said testator, at the said
testator, at the time of executing the same, was of full age and of sound
mind & memory, & not under any restraint, & that we signed the same
as witnesses at his request & in his presence & in the presence of each
other.
M C Lawrence
Joseph W Lawrence
Sworn to & subscribed before me in the Probate Court, this 15th
day of September Ad 1869
T W Powell Probate Judge
Record of the Last Will of Sarah Curtiss deceased
Proceedings had before Hon Thomas W Powell Judge of the Probate
Court in & for Delaware County, State of Ohio: at his office in the
Court House in the Town of Delaware on the 29th day of September
AD 1869.
Thereupon, towit: on said 27th day of Sept Ad 1869 the following
order was made in the Journal as follows towit
September 27th 1869
This day the last will & testament of Mrs Sarah Curtis late of Genoa Twp
decd was presented to the Court for probate and record. Thereupon Mary
Ann Jackson & Mary L Carter the two subscribing witnesses to the said
will came into Court & were duly sworn and examined & their testimony
reduced to writing annexed to the said will & filed therewith. And it
appearing 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 of sound mind
& memory & not under any restraint. The Court upon consideration
orders that the said will be admitted to probate as duly proved as the last
will & testament of and Sarah Curtis decd & ordered to be recorded as such
(Signed) T W Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 61)
Description
[page 61]
[corresponds to page 28 of Delaware County Will Records Vol. 5 1869-1876]
28
Record of the Last Will of Sarah Curtis deceased
The following is the record of said will, towit: --
I Sara Curtis of the Twonship of Genoa & County of Delaware
& State of Ohio being of sound mind & memory and considering the
uncertainity of this frail and transitory life, do therefore made & declare
this to be last will & testament; that is to say. First after all
my lawful debts are paid then I will One Hundred Dollars apiece
to each of the children of my Brother Rufus Carter. Then One Hundred
Dollars apiece to each of the children of my Brother Lewis Carter.
Fourth, and to Sarah C Croxton one hundred dollars. And I give &
bequeath and devise all the remainder of my Estate real and personal
to be equally divided between my Brothers Jonas Carter, James Carter
Samuel Carter and my Sister Mary Ann Jackson.
In testimony whereof I have hereunto subscribed my name and
affixed my seal this thirty first day of July in the year of our Lord
One Thousand Eight Hundred & sixty nine.
{U S Stamp} Sara Curtis {seal}
$1 50/100 x}
The above written instrument was subscribed by the said
Sara Curtis in our presence and acknowledged by her to each of us:
and she at the same time published and declared the instrument so
subscribed to be her last will and testament, and we at the testament
request and in her presence and in the presence of each other have signed
our names as witnesses hereto Mary Ann Jackson
Mary L Carter
The State of Ohio }
Delaware County ss }
In the matter the last Will & Testament of Sarah
Curtis of Genoa Township in said County decd.
We Mary Ann Jackson and Mary L Carter
being duly sworn in open Court this 29th day of September AD 1869,
depose & say that we were present at the Execution of the last will &
testament of Sarah Curtis of Genoa Township in this County decd
hereto annexed bearing date 31st day of July 1869; that we saw said
testator subscribe said will & heard her publish & 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 & memory
& not under any restraint, and the we signed the same as witnesses
at her request and in her presence and in the presence of each other.
Mary Ann Jackson
Mary L Carter
Sworn to and subscribed before me in the Probate Court this 29th day
of September AD 1869
T W Powell
Probate Judge
[corresponds to page 28 of Delaware County Will Records Vol. 5 1869-1876]
28
Record of the Last Will of Sarah Curtis deceased
The following is the record of said will, towit: --
I Sara Curtis of the Twonship of Genoa & County of Delaware
& State of Ohio being of sound mind & memory and considering the
uncertainity of this frail and transitory life, do therefore made & declare
this to be last will & testament; that is to say. First after all
my lawful debts are paid then I will One Hundred Dollars apiece
to each of the children of my Brother Rufus Carter. Then One Hundred
Dollars apiece to each of the children of my Brother Lewis Carter.
Fourth, and to Sarah C Croxton one hundred dollars. And I give &
bequeath and devise all the remainder of my Estate real and personal
to be equally divided between my Brothers Jonas Carter, James Carter
Samuel Carter and my Sister Mary Ann Jackson.
In testimony whereof I have hereunto subscribed my name and
affixed my seal this thirty first day of July in the year of our Lord
One Thousand Eight Hundred & sixty nine.
{U S Stamp} Sara Curtis {seal}
$1 50/100 x}
The above written instrument was subscribed by the said
Sara Curtis in our presence and acknowledged by her to each of us:
and she at the same time published and declared the instrument so
subscribed to be her last will and testament, and we at the testament
request and in her presence and in the presence of each other have signed
our names as witnesses hereto Mary Ann Jackson
Mary L Carter
The State of Ohio }
Delaware County ss }
In the matter the last Will & Testament of Sarah
Curtis of Genoa Township in said County decd.
We Mary Ann Jackson and Mary L Carter
being duly sworn in open Court this 29th day of September AD 1869,
depose & say that we were present at the Execution of the last will &
testament of Sarah Curtis of Genoa Township in this County decd
hereto annexed bearing date 31st day of July 1869; that we saw said
testator subscribe said will & heard her publish & 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 & memory
& not under any restraint, and the we signed the same as witnesses
at her request and in her presence and in the presence of each other.
Mary Ann Jackson
Mary L Carter
Sworn to and subscribed before me in the Probate Court this 29th day
of September AD 1869
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 62)
Description
[page 62]
[corresponds to page 29 of Delaware County Will Records Vol. 5 1869-1876]
29
Record of the Last Will of Mary Freshwater deceased
Proceedings had before Hon 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 the 16th day of October AD 1869
Thereupon, towit, on the said 16th day of Oct AD 1869 the following order
was made in the Journal as follows, towit:-
October 16th 1869
Will & Testament of Mrs Mary Freshwater decd
This day the last will and testament of Mrs Mary Freshwater decd widow
of the late John Adam Freshwater of Concord Township decd was presented
to the Court for probate and record. Thereupon William A Black and
James Cutler 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 attested, and that the said testatrix at the times of executing
the same was of full age of sound mind and memory and not under
any restraint. On consideration thereof it is ordered that the will be
admitted to probate as duly proved as the last will and testament of the
said Mary Freshwater dec and ordered to be recorded as such.
Thereupon upon motion James Cutler is appointed Administrator
of the said Estate of said Mary Freshwater decd with the will annexed, who
gave bonds in the sum of $2000 with Merlin Benton and Orra Presley
his surities, and the Court appoint William Loveless John Kuhns and
Joseph R Corbin - appraisers of the said Estate. (Letters issued)
T. W. Powell,
Probate Judge
The following is the record of said will & proof thereof as follows towit,-
In the Name of the Benevolent Father of All!
I Mary 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 daughter Sarah Jane Hannawalt
Thirty Dollars which she has already got.
Item 2nd I give and devise to my daughter Ann Eliza Penn, Three
Hundred & Fifty Dollars which she has already got.
Item 3rd I give and devise to my daughter Malinda Jane, and
Sons John Emanuel and David Leroy, all the wheat, all the corn
all Farming Utensils, all Stock, Horses Cows, Cattle Sheep & Hogs
and Household goods to be divided Equally without public sale.
Item 4th I give and devise to my Daughter Malinda Jane, all
moneys that may be due me on notes or otherwise at my decease.
Item 5th I do hereby nominate and appoint my Esteemed Brother=
in law George Freshwater and his Esteemed Son David Fresh=
water Guardians for my daughter Malinda Jane and Son
John Emanuel & David Leroy until they arrive of age.
My said Guardians are hereby enjoined to give my children
a good English Education and to rear them in habits of industry
Item 6th I devise that no appraisment and no sale of my personal
property be made.
In testimony hereof I have hereunto set my hand and
[corresponds to page 29 of Delaware County Will Records Vol. 5 1869-1876]
29
Record of the Last Will of Mary Freshwater deceased
Proceedings had before Hon 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 the 16th day of October AD 1869
Thereupon, towit, on the said 16th day of Oct AD 1869 the following order
was made in the Journal as follows, towit:-
October 16th 1869
Will & Testament of Mrs Mary Freshwater decd
This day the last will and testament of Mrs Mary Freshwater decd widow
of the late John Adam Freshwater of Concord Township decd was presented
to the Court for probate and record. Thereupon William A Black and
James Cutler 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 attested, and that the said testatrix at the times of executing
the same was of full age of sound mind and memory and not under
any restraint. On consideration thereof it is ordered that the will be
admitted to probate as duly proved as the last will and testament of the
said Mary Freshwater dec and ordered to be recorded as such.
Thereupon upon motion James Cutler is appointed Administrator
of the said Estate of said Mary Freshwater decd with the will annexed, who
gave bonds in the sum of $2000 with Merlin Benton and Orra Presley
his surities, and the Court appoint William Loveless John Kuhns and
Joseph R Corbin - appraisers of the said Estate. (Letters issued)
T. W. Powell,
Probate Judge
The following is the record of said will & proof thereof as follows towit,-
In the Name of the Benevolent Father of All!
I Mary 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 daughter Sarah Jane Hannawalt
Thirty Dollars which she has already got.
Item 2nd I give and devise to my daughter Ann Eliza Penn, Three
Hundred & Fifty Dollars which she has already got.
Item 3rd I give and devise to my daughter Malinda Jane, and
Sons John Emanuel and David Leroy, all the wheat, all the corn
all Farming Utensils, all Stock, Horses Cows, Cattle Sheep & Hogs
and Household goods to be divided Equally without public sale.
Item 4th I give and devise to my Daughter Malinda Jane, all
moneys that may be due me on notes or otherwise at my decease.
Item 5th I do hereby nominate and appoint my Esteemed Brother=
in law George Freshwater and his Esteemed Son David Fresh=
water Guardians for my daughter Malinda Jane and Son
John Emanuel & David Leroy until they arrive of age.
My said Guardians are hereby enjoined to give my children
a good English Education and to rear them in habits of industry
Item 6th I devise that no appraisment and no sale of my personal
property be made.
In testimony hereof I have hereunto set my hand and
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 63)
Description
[page 63]
[corresponds to page 30 of Delaware County Will Records Vol. 5 1869-1876]
30
Record of the Last Will of Mary Freshwater deceased
Seal this 4th day of October in the year 1869
Mary Freshwater {seal}
Signed & acknowledged by said Mary Freshwater as her last will
and testament in our presence and signed by us in his presence
{U S Stamp} William A Black
{$1 00 x} James Cutler
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of
Mary Freshwater late of Concord Township in said County, decd
We James Cutler and William A Black being
duly sworn in open Court this 16th day of October AD 1869, depose
and say that we were present at the execution of the last will and
testament of Mary Freshwater of Concord Township hereto annexed;
that we saw said testatrix sign said will and heard her publish &
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 & in her presence & in the presence
of each other William A Black
James Cutler
Sworn to & subscribed before me, in the Probate Court this 16th day
of October Ad 1869 T. W. Powell
Probate Judge
Record of the Last Will of Thomas O'Connor decd
Proceedings had before Hon Thomas W Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware, on
the 19th day of October AD 1869
Thereupon, towit on the said 19th day of October AD 1869 the
following order was made in the Journal as follows towit:
October 19th 1869
Will and Estate of Thomas O'Connor decd
This day the last and testament of Thomas O'Connor late of East
Delaware deceased, was presented for probate and record.
Thereupon Joseph Haas and Charles H. McElroy 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 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 was of full age of sound
mind and memory & not under any restraint. Thereupon upon
consideration it is ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of the
said Thomas O'Connor deceased, and ordered to be recorded
[corresponds to page 30 of Delaware County Will Records Vol. 5 1869-1876]
30
Record of the Last Will of Mary Freshwater deceased
Seal this 4th day of October in the year 1869
Mary Freshwater {seal}
Signed & acknowledged by said Mary Freshwater as her last will
and testament in our presence and signed by us in his presence
{U S Stamp} William A Black
{$1 00 x} James Cutler
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of
Mary Freshwater late of Concord Township in said County, decd
We James Cutler and William A Black being
duly sworn in open Court this 16th day of October AD 1869, depose
and say that we were present at the execution of the last will and
testament of Mary Freshwater of Concord Township hereto annexed;
that we saw said testatrix sign said will and heard her publish &
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 & in her presence & in the presence
of each other William A Black
James Cutler
Sworn to & subscribed before me, in the Probate Court this 16th day
of October Ad 1869 T. W. Powell
Probate Judge
Record of the Last Will of Thomas O'Connor decd
Proceedings had before Hon Thomas W Powell Judge of the
Probate Court in and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware, on
the 19th day of October AD 1869
Thereupon, towit on the said 19th day of October AD 1869 the
following order was made in the Journal as follows towit:
October 19th 1869
Will and Estate of Thomas O'Connor decd
This day the last and testament of Thomas O'Connor late of East
Delaware deceased, was presented for probate and record.
Thereupon Joseph Haas and Charles H. McElroy 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 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 was of full age of sound
mind and memory & not under any restraint. Thereupon upon
consideration it is ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of the
said Thomas O'Connor deceased, and ordered to be recorded
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 64)
Description
[page 64]
[corresponds to page 31 of Delaware County Will Records Vol. 5 1869-1876]
31
Record of the Last Will of Thomas O'Connor deceased
as such. Thereupon Daniel Maloney Executor named in the
will came into Court and gave bonds in the sum of $2000 with
Edward Keeffe & Michael Doyle his surities. And the Court
appoint Lawrence Keeffe, Martin Kelleher and John Donnohue
appraisers of the said Estate (Letters issued)
T W Powell
Probate Judge
The following is the record of said will & the proof thereof as
follows towit:-
In the name of the Benevolent Father of All! I Thomas
O'Connor being of sound mind and memory & understanding do hereby
make publish and declare this to be my last will and testament, hereby
revoking all former wills heretofore by me made
First It is my will that all my Just debts charges & expenses be first
paid out of my personal property and the residue of the same I devise
& bequeath to my beloved wife, Excepting the Horses & wagon.
Second I devise my house & Lot on north Street now occupied by
me as a Homestead to my Beloved wife as a home during her
natural life and on her death to my Son John -- and I hereby
declare the above devise and bequest to my Beloved wife to be
in lieu of her Dower.
Third I devise to my Daughter Eliza the four acre tract of
land back of the Fair Grounds in Delaware County Ohio.
Fourth The Lot on Flax Street & back of my Homestead I
devise to my Son James, and it is my will that the ninety dollars
due on the same shall be paid by my wife & son John and shall
be left clear for my son James.
Fifth It is my will that the Horses Harness & wagon shall not be
included in the property to be disposed of for the payment of debts, and
I devise & bequeath the same to my son Michael.
Sixth All the rest of my Real Estate I devise to my three daughters
Mary Margaret & Kate in Equal Shares.
I hereby nominate & appoint Daniel Maloney as
the Executor of this my last will & testament.
In witness whereof I have hereunto set my hand and
Seal this 23rd day of September 1869.
Thomas O'Connor, {seal}
Signed acknowledged & declared by Thomas O'Connor to be his last
will & testament in our presence and signed by us in the presence
of each other Joseph Haas
{U.S. Stamp} C.H. McElroy
{$1.00/100 x}
The State of Ohio Delaware County, S.S.
In the matter of the Last Will & testament of Thomas
O'Connor of East Delaware deceased.
We, Joseph Haas & Charles H. McElroy
being duly sworn in open court this 19th day of October AD 1869
depose and say that we were present at the Execution of the last
[corresponds to page 31 of Delaware County Will Records Vol. 5 1869-1876]
31
Record of the Last Will of Thomas O'Connor deceased
as such. Thereupon Daniel Maloney Executor named in the
will came into Court and gave bonds in the sum of $2000 with
Edward Keeffe & Michael Doyle his surities. And the Court
appoint Lawrence Keeffe, Martin Kelleher and John Donnohue
appraisers of the said Estate (Letters issued)
T W Powell
Probate Judge
The following is the record of said will & the proof thereof as
follows towit:-
In the name of the Benevolent Father of All! I Thomas
O'Connor being of sound mind and memory & understanding do hereby
make publish and declare this to be my last will and testament, hereby
revoking all former wills heretofore by me made
First It is my will that all my Just debts charges & expenses be first
paid out of my personal property and the residue of the same I devise
& bequeath to my beloved wife, Excepting the Horses & wagon.
Second I devise my house & Lot on north Street now occupied by
me as a Homestead to my Beloved wife as a home during her
natural life and on her death to my Son John -- and I hereby
declare the above devise and bequest to my Beloved wife to be
in lieu of her Dower.
Third I devise to my Daughter Eliza the four acre tract of
land back of the Fair Grounds in Delaware County Ohio.
Fourth The Lot on Flax Street & back of my Homestead I
devise to my Son James, and it is my will that the ninety dollars
due on the same shall be paid by my wife & son John and shall
be left clear for my son James.
Fifth It is my will that the Horses Harness & wagon shall not be
included in the property to be disposed of for the payment of debts, and
I devise & bequeath the same to my son Michael.
Sixth All the rest of my Real Estate I devise to my three daughters
Mary Margaret & Kate in Equal Shares.
I hereby nominate & appoint Daniel Maloney as
the Executor of this my last will & testament.
In witness whereof I have hereunto set my hand and
Seal this 23rd day of September 1869.
Thomas O'Connor, {seal}
Signed acknowledged & declared by Thomas O'Connor to be his last
will & testament in our presence and signed by us in the presence
of each other Joseph Haas
{U.S. Stamp} C.H. McElroy
{$1.00/100 x}
The State of Ohio Delaware County, S.S.
In the matter of the Last Will & testament of Thomas
O'Connor of East Delaware deceased.
We, Joseph Haas & Charles H. McElroy
being duly sworn in open court this 19th day of October AD 1869
depose and say that we were present at the Execution of the last
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 65)
Description
[page 65]
[corresponds to page 32 of Delaware County Will Records Vol. 5 1869-1876]
32
Record of the Last Will of Thomas O'Connor deceased
Will & testament of Thomas O'Connor of East Delaware, hereto annexed
bearing date 23rd day of September 1869: that we saw said testator sub=
scribe 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 of sound mind & 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
Joseph Haas
Charles H. McElroy
Sworn to and subscribed before me in the Probate Court, this 19th day of
October AD 1869 T W Powell
Probate Judge
Record of the Last Will of John Sherman deceased
Proceedings had before Hon Thomas W Powell Judge of the
Probate Court in & for the County of Delaware & State of Ohio
at his office in the Court House in the Town of Delaware on the
29th day of November AD 1864.
The following is the order made in the Journal on the said
29th day of November AD 1869 - as follow towit: -
November 29th 1869
Will & Estate of John Sherman decd
This day the last will and testament of John Sherman late of Berlin
Township decd was presented for probate and record: And thereupon
Joel Cleveland and Jacob R Williams the two subscribing witnesses
came into Court and were duly sworn and examined & their testimony
reduced to writing & filed with the will. And it appearing that the will
was duly executed and attested and that the testator at the time of
executing the same was of sound mind & memory & not under any
restraint, it is ordered that the said will be admitted to record as
duly proved to be the last will & testament of the said John Sherman
deceased T W Powell
Probate Judge
The following is the record of said will & proof thereof, as follows towit
In the Name of the Benevolent Father of All!
I John Sherman of the County of Delaware & State of
Ohio do make and publish this my last will & testament.
Item 1st I give and devise to my beloved wife all my property
both real and personal my real Estate consists of the farm on which
I now live containing one hundred and twenty five acres.
The principal property above refered to consists of all the stock -
household goods and chattels which may be on the farm at my decease.
She selling so much of the property real or personal or both as shall
be necessary to pay all my debts the sales to be made at public or
private as she may see proper. After the payment of all my debts
then the property to be kept together & be the home for the family
[corresponds to page 32 of Delaware County Will Records Vol. 5 1869-1876]
32
Record of the Last Will of Thomas O'Connor deceased
Will & testament of Thomas O'Connor of East Delaware, hereto annexed
bearing date 23rd day of September 1869: that we saw said testator sub=
scribe 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 of sound mind & 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
Joseph Haas
Charles H. McElroy
Sworn to and subscribed before me in the Probate Court, this 19th day of
October AD 1869 T W Powell
Probate Judge
Record of the Last Will of John Sherman deceased
Proceedings had before Hon Thomas W Powell Judge of the
Probate Court in & for the County of Delaware & State of Ohio
at his office in the Court House in the Town of Delaware on the
29th day of November AD 1864.
The following is the order made in the Journal on the said
29th day of November AD 1869 - as follow towit: -
November 29th 1869
Will & Estate of John Sherman decd
This day the last will and testament of John Sherman late of Berlin
Township decd was presented for probate and record: And thereupon
Joel Cleveland and Jacob R Williams the two subscribing witnesses
came into Court and were duly sworn and examined & their testimony
reduced to writing & filed with the will. And it appearing that the will
was duly executed and attested and that the testator at the time of
executing the same was of sound mind & memory & not under any
restraint, it is ordered that the said will be admitted to record as
duly proved to be the last will & testament of the said John Sherman
deceased T W Powell
Probate Judge
The following is the record of said will & proof thereof, as follows towit
In the Name of the Benevolent Father of All!
I John Sherman of the County of Delaware & State of
Ohio do make and publish this my last will & testament.
Item 1st I give and devise to my beloved wife all my property
both real and personal my real Estate consists of the farm on which
I now live containing one hundred and twenty five acres.
The principal property above refered to consists of all the stock -
household goods and chattels which may be on the farm at my decease.
She selling so much of the property real or personal or both as shall
be necessary to pay all my debts the sales to be made at public or
private as she may see proper. After the payment of all my debts
then the property to be kept together & be the home for the family
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 66)
Description
[page 66]
[corresponds to page 33 of Delaware County Will Records Vol. 5 1869-1876]
33
Record of the Last Will of John Sherman deceased
until my youngest child which is now about Eight years old shall
become of age and then my Entire Estate to be the property of my wife
fosim and I do appoint my wife Executrix of this my last will.
In testimony hereof I have hereunto set my hand and seal this 25th
day of October in the year 1869
John Sherman {seal}
Signed and acknowledged by said John Sherman as his last will &
testament in our presence & signed by us in his presence
{U S Stamps} Joel Cleveland
{$3 00 x} Jacob R Williams
The State of Ohio }
Delaware County SS }
In the matter of the last will & testament of John
Sherman late of Berlin Township in said County, deceased.
We Joel Cleveland and Jacob R Williams
being duly sworn in open Court this 29th day of November AD 1869,
depose and say that we were present at the Execution of the last will &
testament of John Sherman of Berlin Twp in this County, hereto
annexed, bearing date 25th day of October 1869: that we saw 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 of sound mind & memory &
not under any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence of each other
Joel Cleveland
J R Williams
Sworn to & subscribed before me, in the Probate Court, this 24th day
of November Ad 1869
T W Powell
Probate Judge
Record of the Last Will of Mrs Lucinda Mcallister deceased
Proceedings had before Thomas W Powell Judge of the Probate Court
within & for the County of Delaware and State of Ohio, at his office in the
Town of Delaware on the 3rd day of June Ad 1869.
The following is the order made in the Journal on the 21st day of January
AD 1870, the following order was ma
Will and Estate of Lucinda McAllister deceased
On the 3rd day of June last Robert Wilson and Martha J Wilson
appeared in Court and were duly sworn and examined as witnesses
to the last will and testament of Lucinda McAllister decd and their
testimony, reduced to writing, annexed to the will and filed therewith
And the same having been taken under consideration untill now,
and it now 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, of sound mind & memory & not under any restraint; it
is thereupon ordered that the said will be admitted to probate & record as
duly proved us the last will & testament of Lucinda McAllister deceased
and ordered to be recorded as such T W Powell Probate Judge
[corresponds to page 33 of Delaware County Will Records Vol. 5 1869-1876]
33
Record of the Last Will of John Sherman deceased
until my youngest child which is now about Eight years old shall
become of age and then my Entire Estate to be the property of my wife
fosim and I do appoint my wife Executrix of this my last will.
In testimony hereof I have hereunto set my hand and seal this 25th
day of October in the year 1869
John Sherman {seal}
Signed and acknowledged by said John Sherman as his last will &
testament in our presence & signed by us in his presence
{U S Stamps} Joel Cleveland
{$3 00 x} Jacob R Williams
The State of Ohio }
Delaware County SS }
In the matter of the last will & testament of John
Sherman late of Berlin Township in said County, deceased.
We Joel Cleveland and Jacob R Williams
being duly sworn in open Court this 29th day of November AD 1869,
depose and say that we were present at the Execution of the last will &
testament of John Sherman of Berlin Twp in this County, hereto
annexed, bearing date 25th day of October 1869: that we saw 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 of sound mind & memory &
not under any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence of each other
Joel Cleveland
J R Williams
Sworn to & subscribed before me, in the Probate Court, this 24th day
of November Ad 1869
T W Powell
Probate Judge
Record of the Last Will of Mrs Lucinda Mcallister deceased
Proceedings had before Thomas W Powell Judge of the Probate Court
within & for the County of Delaware and State of Ohio, at his office in the
Town of Delaware on the 3rd day of June Ad 1869.
The following is the order made in the Journal on the 21st day of January
AD 1870, the following order was ma
Will and Estate of Lucinda McAllister deceased
On the 3rd day of June last Robert Wilson and Martha J Wilson
appeared in Court and were duly sworn and examined as witnesses
to the last will and testament of Lucinda McAllister decd and their
testimony, reduced to writing, annexed to the will and filed therewith
And the same having been taken under consideration untill now,
and it now 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, of sound mind & memory & not under any restraint; it
is thereupon ordered that the said will be admitted to probate & record as
duly proved us the last will & testament of Lucinda McAllister deceased
and ordered to be recorded as such T W Powell Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 67)
Description
[page 67]
[corresponds to page 34 of Delaware County Will Records Vol. 5 1869-1876]
34
Record of the Last Will of Lucinda McAllister deceased
(Record of the Will)
Know all men by these Present,
That I Lucinda McAllister of the
County of Delaware and State of Ohio being of sound mind memory
and understanding do make and publish this my last will & testament
as follows and first I devise and bequeath to my beloved Daughter
Margaret S McAllister One Thousand Dollars in money to
be paid ^her out of my Estate by my Executor or Administrator as
soon after my decease as he can obtain the money, and the said
Margaret S McAllister is to have all my beds, bedsteads &
beding and all my household and kitchen furniture.
And I devise and bequeath all the residue of my Estate to
be equally divided between my sons Jassey M. Mcallister
Richard F. McAllister and my Grandson John C Gaston.
In testimony whereof I have set my hand and seal
this 10th day of August 1866.
In presents of }
Robert Wilson } Lucinda McAllister {seal}
Martha J Wilson }
The State of Ohio }
Delaware County ss } In the matter of the last will & testament
of Lucinda McAllister late of Berkshire Township in this
County deceased.
We Robert Wilson and Martha J Wilson
being duly sworn in open Court this 9th day of March AD 1869,
depose and say that we were present at the Execution of the last will
and testament of Lucinda McAllister of Berkshire Township hereto
annexed, bearing date 19th day of August 1866: that we saw said
testatrix subscribe said will, and heard her publish & 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 in her presence and in the
presence of each other
Robert Wilson
Martha J. Wilson
Sworn to & subscribed by said Robert Wilson before me in the
Probate Court this 9th day of March AD 1869 and by said Martha
J Wilson this 3rd day of June AD 1869.
T W Powell
Probate Judge
[corresponds to page 34 of Delaware County Will Records Vol. 5 1869-1876]
34
Record of the Last Will of Lucinda McAllister deceased
(Record of the Will)
Know all men by these Present,
That I Lucinda McAllister of the
County of Delaware and State of Ohio being of sound mind memory
and understanding do make and publish this my last will & testament
as follows and first I devise and bequeath to my beloved Daughter
Margaret S McAllister One Thousand Dollars in money to
be paid ^her out of my Estate by my Executor or Administrator as
soon after my decease as he can obtain the money, and the said
Margaret S McAllister is to have all my beds, bedsteads &
beding and all my household and kitchen furniture.
And I devise and bequeath all the residue of my Estate to
be equally divided between my sons Jassey M. Mcallister
Richard F. McAllister and my Grandson John C Gaston.
In testimony whereof I have set my hand and seal
this 10th day of August 1866.
In presents of }
Robert Wilson } Lucinda McAllister {seal}
Martha J Wilson }
The State of Ohio }
Delaware County ss } In the matter of the last will & testament
of Lucinda McAllister late of Berkshire Township in this
County deceased.
We Robert Wilson and Martha J Wilson
being duly sworn in open Court this 9th day of March AD 1869,
depose and say that we were present at the Execution of the last will
and testament of Lucinda McAllister of Berkshire Township hereto
annexed, bearing date 19th day of August 1866: that we saw said
testatrix subscribe said will, and heard her publish & 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 in her presence and in the
presence of each other
Robert Wilson
Martha J. Wilson
Sworn to & subscribed by said Robert Wilson before me in the
Probate Court this 9th day of March AD 1869 and by said Martha
J Wilson this 3rd day of June AD 1869.
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 68)
Description
[page 68]
[corresponds to page 35 of Delaware County Will Records Vol. 5 1869-1876]
35
Record of the Last Will of John Ryant deceased
Proceedings had before the Hon Thomas W. Powell, Judge of the
Probate Court within & for the County of Delaware and State of
Ohio; at his office in the Court House in the Town of Delaware
on the 18th day of January AD 1870
The following is the order made in the Journal on the
18th day of January Ad 1870.
Will & Estate of John Ryant decd
This day the last will and testament of John Ryant late of
Berlin Township in this County decd was presented for probate &
record; thereupon Joel Cleveland and David S Hoadley the subscribing
witnesses thereto came into Court & were duly sworn & examined
and their testimony reduced to writing, annexed to the will & filed
therewith; and it thereupon 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 &
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 John Ryant decd and ordered
to be recorded as such (No letters issued)
T W Powell
Probate Judge
(Record of the said will)
In the name of the Benevolent Father of All!
I John Ryant of
Berlin Township Delaware County Ohio do make & publish
this my last will and testament.
Item 1st. I give and bequeath to my daughter Louisa L Ryant
Fifteen Hundred Dollars
Item 2nd. I give and bequeath to my daughter Loanda A.
Place the sum of Seven Hundred Dollars
Item 3rd. I give and bequeath to my son James C Ryant the sum of
Seven Hundred Dollars.
Item 4th. I give and bequeath to my son John N Ryant the sum
of Seven Hundred Dollars
Item 5th. I give and bequeath to my son Florence L. Ryant, the
sum of One Thousand Dollars.
Item 6th. I give and bequeath to my daughter Lenora I Ryant
the sum of One Thousand Dollars
Item 7th. I give and bequeath to my two Grandchildren Cora L.
White and Charles Levins Ryant son of Levins R Ryant each
one hundred dollars.
All of the above mentioned sums of money to be made out
of the sale of my property both real & personal.
Item 8th. I do hereby nominate and appoint James C. Ryant
Executor of this my last will & testament hereby authorizing
and empowering him to compromise adjust release & discharge
in such manner as he may deem proper the debts & claims due
me. I do also authorize him to sell all of my real Estate either
[corresponds to page 35 of Delaware County Will Records Vol. 5 1869-1876]
35
Record of the Last Will of John Ryant deceased
Proceedings had before the Hon Thomas W. Powell, Judge of the
Probate Court within & for the County of Delaware and State of
Ohio; at his office in the Court House in the Town of Delaware
on the 18th day of January AD 1870
The following is the order made in the Journal on the
18th day of January Ad 1870.
Will & Estate of John Ryant decd
This day the last will and testament of John Ryant late of
Berlin Township in this County decd was presented for probate &
record; thereupon Joel Cleveland and David S Hoadley the subscribing
witnesses thereto came into Court & were duly sworn & examined
and their testimony reduced to writing, annexed to the will & filed
therewith; and it thereupon 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 &
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 John Ryant decd and ordered
to be recorded as such (No letters issued)
T W Powell
Probate Judge
(Record of the said will)
In the name of the Benevolent Father of All!
I John Ryant of
Berlin Township Delaware County Ohio do make & publish
this my last will and testament.
Item 1st. I give and bequeath to my daughter Louisa L Ryant
Fifteen Hundred Dollars
Item 2nd. I give and bequeath to my daughter Loanda A.
Place the sum of Seven Hundred Dollars
Item 3rd. I give and bequeath to my son James C Ryant the sum of
Seven Hundred Dollars.
Item 4th. I give and bequeath to my son John N Ryant the sum
of Seven Hundred Dollars
Item 5th. I give and bequeath to my son Florence L. Ryant, the
sum of One Thousand Dollars.
Item 6th. I give and bequeath to my daughter Lenora I Ryant
the sum of One Thousand Dollars
Item 7th. I give and bequeath to my two Grandchildren Cora L.
White and Charles Levins Ryant son of Levins R Ryant each
one hundred dollars.
All of the above mentioned sums of money to be made out
of the sale of my property both real & personal.
Item 8th. I do hereby nominate and appoint James C. Ryant
Executor of this my last will & testament hereby authorizing
and empowering him to compromise adjust release & discharge
in such manner as he may deem proper the debts & claims due
me. I do also authorize him to sell all of my real Estate either
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 69)
Description
[page 69]
[corresponds to page 36 of Delaware County Will Records Vol. 5 1869-1876]
36
Record of the Last will of John Ryant deceased
at public or private sale as he may think best, and on such terms
as he may think best - he making deed to purchase in fee --
simple -- I further authorize and empower him to sell in like
manner as above either at public or private sale all my personal
property, except the household goods which shall belong to the house-
at the time of my decease, said household goods to be the property
after my decease of the three heirs which now compose my family
Louisa L Ryant, Lenora I Ryant and Florence L Ryant, and
also provisions sufficient for the use of the family for the space of
one year.
If after all my debts and expenses are paid, and also all the amounts
above bequeathed there should remain in the hands of the Executor
any money belonging to my Estate I desire the same to be equally
divided among all my heirs. If the whole amount should not
be sufficient to meet the several amounts disposed of above,
then subtract in like manner from all.
In testimony hereof I hereunto set my hand and seal
this 12th day of November in year 1869.
John Ryant {seal}
Signed and acknowledged by said John Ryant as his last will
and testament in our presence and signed by us in his presence
{U S Stamp} Joel Cleveland
{$3.00/100 x} D. S. Hoadley
The State of Ohio }
Delaware County, ss. } In the matter of the last will & testament of
John Ryant last of Berlin Township in this County deceased.
We Joel Cleveland and David S Hoadley
being duly sworn in open Court this 18th day of January AD 1870
depose and say that we were present at the execution of the last
will and testament of John Ryant of Berlin Township hereto
annexed, bearing date 12th day of November 1869, that we saw the
said testator subscribe said will & 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
Joel Cleveland
David S Hoadley
Sworn to & subscribed before me in the Probate Court, this 18th
day of January Ad 1870
T W Powell
Probate Judge
[corresponds to page 36 of Delaware County Will Records Vol. 5 1869-1876]
36
Record of the Last will of John Ryant deceased
at public or private sale as he may think best, and on such terms
as he may think best - he making deed to purchase in fee --
simple -- I further authorize and empower him to sell in like
manner as above either at public or private sale all my personal
property, except the household goods which shall belong to the house-
at the time of my decease, said household goods to be the property
after my decease of the three heirs which now compose my family
Louisa L Ryant, Lenora I Ryant and Florence L Ryant, and
also provisions sufficient for the use of the family for the space of
one year.
If after all my debts and expenses are paid, and also all the amounts
above bequeathed there should remain in the hands of the Executor
any money belonging to my Estate I desire the same to be equally
divided among all my heirs. If the whole amount should not
be sufficient to meet the several amounts disposed of above,
then subtract in like manner from all.
In testimony hereof I hereunto set my hand and seal
this 12th day of November in year 1869.
John Ryant {seal}
Signed and acknowledged by said John Ryant as his last will
and testament in our presence and signed by us in his presence
{U S Stamp} Joel Cleveland
{$3.00/100 x} D. S. Hoadley
The State of Ohio }
Delaware County, ss. } In the matter of the last will & testament of
John Ryant last of Berlin Township in this County deceased.
We Joel Cleveland and David S Hoadley
being duly sworn in open Court this 18th day of January AD 1870
depose and say that we were present at the execution of the last
will and testament of John Ryant of Berlin Township hereto
annexed, bearing date 12th day of November 1869, that we saw the
said testator subscribe said will & 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
Joel Cleveland
David S Hoadley
Sworn to & subscribed before me in the Probate Court, this 18th
day of January Ad 1870
T W Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 70)
Description
[page 70]
[corresponds to page 37 of Delaware County Will Records Vol. 5 1869-1876]
37
Record of the Last Will of Frederick Wagoner decd
Proceedings had before Hon thomas W. Powell Judge of the
Probate Court in & for the County of Delaware and State of Ohio;
at his office in the Court House in the Town of Delaware on the 9th of
February AD 1870.
The following is the order made in the Journal on said 9th day
of February AD 1870 as follows towit: -
February 9th 1870
Will & Estate of Frederick Wagoner decd
The last will and testament and the codicils thereto amend
being presented to this Court, of the late Frederick Wagoner decd
of Delaware, for probate and record; and thereupon William
D Heim, Gregory Pfifar, John S Cox, Frederick Kurrley and
James M Crawford witnesses to prove the said will, who being
severally sworn and examined and their testimony reduced
to writing and annexed to the said will. Thereupon it appearing
to the Court that the said will and several Codicils thereto annexed
were duly executed and attested and that the said Frederick Wagoner
at the time of executing the same was of full age of sound mind &
Memory and not under any restraint; It is therefore considered
and ordered that the said will and Codicils be admitted to probate
as the last will and testament of the said Frederick Wagoner decd
and recorded as such.
Thereupon letter testementary were granted to David
Wagner the Executor named in the will, and no bonds are at
present required of him in pursuance of the will.
The Court appoint
Appraisers of the said Estate
T.W. Powell
Probate Judge
(Record of the Will)
In the name of the Benevolent Father of All. Amen!
Frederick Wagoner of the County of Delaware
and State of Ohio being of advanced age but of sound & ^deposing mind and
memory considering the uncertainty of this mortal life, the
certainty of death but the uncertainty of the time thereof do
make and publish this my last will and testament.
Item 1st. After all my Just debts and charges including funeral
expenses are fully paid. I dispose of the following real Estate
as follows towit:
Item 2nd. I give and devise unto my three children viz. Catherine
Woertz wife of Nicholas Woertz, Simeon Frederick Wagoner and
David Wagoner the following real Estate each one undivided
third part thereof in quantity and quality share and share
alike to wit: Seventy Eight acres and one hundred and
thirty four rods lying and being in Brown Township in
Delaware County and State of Ohio being Lot No Twenty,
Section Three Township Five and Range Eighteen USM Land
to have and to hold to them and their heirs and assigns forever.
[corresponds to page 37 of Delaware County Will Records Vol. 5 1869-1876]
37
Record of the Last Will of Frederick Wagoner decd
Proceedings had before Hon thomas W. Powell Judge of the
Probate Court in & for the County of Delaware and State of Ohio;
at his office in the Court House in the Town of Delaware on the 9th of
February AD 1870.
The following is the order made in the Journal on said 9th day
of February AD 1870 as follows towit: -
February 9th 1870
Will & Estate of Frederick Wagoner decd
The last will and testament and the codicils thereto amend
being presented to this Court, of the late Frederick Wagoner decd
of Delaware, for probate and record; and thereupon William
D Heim, Gregory Pfifar, John S Cox, Frederick Kurrley and
James M Crawford witnesses to prove the said will, who being
severally sworn and examined and their testimony reduced
to writing and annexed to the said will. Thereupon it appearing
to the Court that the said will and several Codicils thereto annexed
were duly executed and attested and that the said Frederick Wagoner
at the time of executing the same was of full age of sound mind &
Memory and not under any restraint; It is therefore considered
and ordered that the said will and Codicils be admitted to probate
as the last will and testament of the said Frederick Wagoner decd
and recorded as such.
Thereupon letter testementary were granted to David
Wagner the Executor named in the will, and no bonds are at
present required of him in pursuance of the will.
The Court appoint
Appraisers of the said Estate
T.W. Powell
Probate Judge
(Record of the Will)
In the name of the Benevolent Father of All. Amen!
Frederick Wagoner of the County of Delaware
and State of Ohio being of advanced age but of sound & ^deposing mind and
memory considering the uncertainty of this mortal life, the
certainty of death but the uncertainty of the time thereof do
make and publish this my last will and testament.
Item 1st. After all my Just debts and charges including funeral
expenses are fully paid. I dispose of the following real Estate
as follows towit:
Item 2nd. I give and devise unto my three children viz. Catherine
Woertz wife of Nicholas Woertz, Simeon Frederick Wagoner and
David Wagoner the following real Estate each one undivided
third part thereof in quantity and quality share and share
alike to wit: Seventy Eight acres and one hundred and
thirty four rods lying and being in Brown Township in
Delaware County and State of Ohio being Lot No Twenty,
Section Three Township Five and Range Eighteen USM Land
to have and to hold to them and their heirs and assigns forever.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 71)
Description
[page 71]
[corresponds to page 38 of Delaware County Will Records Vol. 5 1869-1876]
38
Record of the last Will of Frederick Wagoner deceased
Item 3rd It is also my will and I so devise that if either of my
said chidlren should die without lawful issue that his or
her share shall go to the remaining or surviving Brother or
Sister as the case may be and to their heirs and assigns.
Item 4th And I do hereby constitute and appoint my trusty
friend Nicholas Woertz my Executor of this my last will &
testament hereby authorizing and empowering him to
compromise, adjust release and discharge in such manner as
he may deem proper the debts and claims due me and 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 and
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, and I do
hereby revoke all former wills by me made, and declare
this to be my only and last will.
In testimony whereof I have hereunto set my hand
and seal this 28th day of October in the year of our Lord one
thousand Eight hundred and fifty seven
[illegible] name written in German {seal}
Signed and acknowledged by Frederick Wagoner as his
last will and testament in our presence and signed by us in
in his presence H.M. Stephen
Jas W Crawford
The State of Ohio }
Delaware County ss } In the Probate Court
James M Crawford being duly sworn
says that he has examined the last will and testament of
Frederick Wagoner decd hereto annexed dated 28th day of
October 1857 and witnessed by James W. Crawford and
Hugh M Stephen (who were father and uncle to this affient
and with whose signatures he was well acquainted and
can say that said signatures to said will are true & genuine.
And further says that said James W & Hugh M are both deceased
Jas M Crawford
Codicil
Be it known that I Frederick Wagoner of Delaware
County Ohio being of sound and disposing mind and
memory, do this day make the following Codicil and
modification of my will, to wit: -
Whereas Nicholas Woertz on or about the 3rd day of
October 1862 was killed on the Rail Road leaving Mary
Wortz and Jacob Frederick Woertz and probably a posthumous
child his heirs; and whereas I Frederick Wagoner in the
life time of said Woertz purchased and paid him for in Lot
57 in East Delaware without taking any Deed or written
instrument therefore and whereas I have sold said Lot
to George Kramer and have given him a written contract
[corresponds to page 38 of Delaware County Will Records Vol. 5 1869-1876]
38
Record of the last Will of Frederick Wagoner deceased
Item 3rd It is also my will and I so devise that if either of my
said chidlren should die without lawful issue that his or
her share shall go to the remaining or surviving Brother or
Sister as the case may be and to their heirs and assigns.
Item 4th And I do hereby constitute and appoint my trusty
friend Nicholas Woertz my Executor of this my last will &
testament hereby authorizing and empowering him to
compromise, adjust release and discharge in such manner as
he may deem proper the debts and claims due me and 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 and
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, and I do
hereby revoke all former wills by me made, and declare
this to be my only and last will.
In testimony whereof I have hereunto set my hand
and seal this 28th day of October in the year of our Lord one
thousand Eight hundred and fifty seven
[illegible] name written in German {seal}
Signed and acknowledged by Frederick Wagoner as his
last will and testament in our presence and signed by us in
in his presence H.M. Stephen
Jas W Crawford
The State of Ohio }
Delaware County ss } In the Probate Court
James M Crawford being duly sworn
says that he has examined the last will and testament of
Frederick Wagoner decd hereto annexed dated 28th day of
October 1857 and witnessed by James W. Crawford and
Hugh M Stephen (who were father and uncle to this affient
and with whose signatures he was well acquainted and
can say that said signatures to said will are true & genuine.
And further says that said James W & Hugh M are both deceased
Jas M Crawford
Codicil
Be it known that I Frederick Wagoner of Delaware
County Ohio being of sound and disposing mind and
memory, do this day make the following Codicil and
modification of my will, to wit: -
Whereas Nicholas Woertz on or about the 3rd day of
October 1862 was killed on the Rail Road leaving Mary
Wortz and Jacob Frederick Woertz and probably a posthumous
child his heirs; and whereas I Frederick Wagoner in the
life time of said Woertz purchased and paid him for in Lot
57 in East Delaware without taking any Deed or written
instrument therefore and whereas I have sold said Lot
to George Kramer and have given him a written contract
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 72)
Description
[page 72]
[corresponds to page 39 of Delaware County Will Records Vol. 5 1869-1876]
39
Record of the Last Will of Frederick Wagoner deceased
therefor and have consented that the heirs of said Nicholas Wortz
decd shall release their legal title to him when they come of
age -- Now I will to the heirs of the said Nicholas Woertz the property
and real Estate provided for in my will to which this is a Codicil
upon the Express condition that before they shall be entitled to
receive their proportion that they shall release to said Kramer their
title to said Lot, and make good my Contract of this date to
said Kromer. I hereby appoint George Kromer my son-
in law the Executor of this my last will and testament and desire
him to follow in all respects the provisions of my will the same
as required of my son in law Nicholas Woertz who was my first
Executor who is now deceased. And having full confidence in
said Kromer I desire that Letters testementary issue to him without
his giving Bail as assigned by Law.
In testimony whereof I have hereunto set my hand
and seal this 30th day of October 1862, and have called upon
my friends Charles Sweetser Esquire and John Cox as witnesses
to this Codicil to my will. Frederick Wagoner {seal}
Signed sealed and acknowledge in our presence we being
requested to witness the sum this day and year above written in
the presence of the said testator and in the presence of each other
Charles Sweetser
J.S. Cox
The State of Ohio }
Delaware County,ss } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County deceased
I John S Cox being duly sworn in open
Court this 9th day of February AD 1870 depose and say that I
was present at the Execution of the last will and testament and
Codicil thereto annexed of Frederick Wagoner of Delaware here=
unto annexed bearing date 20th day of February 1862 that we,
this deponent and Charles Sweetser 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 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, And further says that said Charles Sweetser is deceased
John S Cox
Sworn to & subscribed before me, in the Probate Court, this 9th
day of February AD 1870
T W Powell
Probate Judge
(Codicil 2nd)
Whereas I, Frederick Wagoner of Delaware County Ohio being
of sound and disposing mind and memory, having made and duly
executed my last will and testament in writing bearing date
the 28th day of October AD 1857, as also the Codicil thereto in writing
[corresponds to page 39 of Delaware County Will Records Vol. 5 1869-1876]
39
Record of the Last Will of Frederick Wagoner deceased
therefor and have consented that the heirs of said Nicholas Wortz
decd shall release their legal title to him when they come of
age -- Now I will to the heirs of the said Nicholas Woertz the property
and real Estate provided for in my will to which this is a Codicil
upon the Express condition that before they shall be entitled to
receive their proportion that they shall release to said Kramer their
title to said Lot, and make good my Contract of this date to
said Kromer. I hereby appoint George Kromer my son-
in law the Executor of this my last will and testament and desire
him to follow in all respects the provisions of my will the same
as required of my son in law Nicholas Woertz who was my first
Executor who is now deceased. And having full confidence in
said Kromer I desire that Letters testementary issue to him without
his giving Bail as assigned by Law.
In testimony whereof I have hereunto set my hand
and seal this 30th day of October 1862, and have called upon
my friends Charles Sweetser Esquire and John Cox as witnesses
to this Codicil to my will. Frederick Wagoner {seal}
Signed sealed and acknowledge in our presence we being
requested to witness the sum this day and year above written in
the presence of the said testator and in the presence of each other
Charles Sweetser
J.S. Cox
The State of Ohio }
Delaware County,ss } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County deceased
I John S Cox being duly sworn in open
Court this 9th day of February AD 1870 depose and say that I
was present at the Execution of the last will and testament and
Codicil thereto annexed of Frederick Wagoner of Delaware here=
unto annexed bearing date 20th day of February 1862 that we,
this deponent and Charles Sweetser 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 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, And further says that said Charles Sweetser is deceased
John S Cox
Sworn to & subscribed before me, in the Probate Court, this 9th
day of February AD 1870
T W Powell
Probate Judge
(Codicil 2nd)
Whereas I, Frederick Wagoner of Delaware County Ohio being
of sound and disposing mind and memory, having made and duly
executed my last will and testament in writing bearing date
the 28th day of October AD 1857, as also the Codicil thereto in writing
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 73)
Description
[page 73]
[corresponds to page 40 of Delaware County Will Records Vol. 5 1869-1876]
40
Record of the Last Will of Frederick Wagoner deceased
bearing date the 30th day of October AD 1862 as above set forth
Now I do declare this present writing to be a second Codicil to my
said will and Codicil above described and direct the same to be
annexed thereto and taken as a part thereof.
And I do hereby devise and bequeath to my wife Louisa --
Wagoner, in lieu of her dower, the Dwellng House & Lot now in our
occupancy being in Lot No 55 in Milo D Pettibone's addition to the
Town of East Delaware, together with all the Household and kitchen
furniture therein contained; except therefrom the Bedstead and
Bedding taken into the house by me, which I hereby give and bequeath
to my son David Wagoner. And that at the death of my said wife
all the property hereby devised or bequeathed to her as aforesaid is to
be equally divided among all my children, Catherine Woertz,
Simeon Frederick Wagoner and David Wagoner. and lastly
that this my present Codicil be annexed to and made part of
my last will & testament with the Codicil thereto made, to all
intents and purposes.
In witness whereof I have hereunto set my hand and seal
this 26th day of February AD 1864
Frederick Wagoner {seal}
Signed sealed & published by the said Frederick Wagoner as &
for a Codicil to be added to and be considered as a part of his last
will and testament with the Codicil thereto annexed in presence of
us who at his request have subscribed our names as witnesses to
the same W D Heim
[illegible signature] written in German
The State of Ohio }
Delaware County, ss. } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County decd
We Gregory Pfifar and William D Heim
being duly sworn in open Court this 9th day of February
AD 1870 depose and say that we were present at the
execution of the last will and testament ^and codicil of Frederick Wagoner
hereto annexed, bearing date 24th day of February AD 1864;
that we saw said testator subscribe said Codicil & heard him
publish and declare the same to be a part of 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
[illegible signature] Written in German
W D Heim
Sworn to and subscribed before me in the Probate Court, this 9th
day of February AD 1870
T.W. Powell
Probate Judge
Codicil 3rd
Whereas I Frederick Wagoner of Delaware County Ohio
[corresponds to page 40 of Delaware County Will Records Vol. 5 1869-1876]
40
Record of the Last Will of Frederick Wagoner deceased
bearing date the 30th day of October AD 1862 as above set forth
Now I do declare this present writing to be a second Codicil to my
said will and Codicil above described and direct the same to be
annexed thereto and taken as a part thereof.
And I do hereby devise and bequeath to my wife Louisa --
Wagoner, in lieu of her dower, the Dwellng House & Lot now in our
occupancy being in Lot No 55 in Milo D Pettibone's addition to the
Town of East Delaware, together with all the Household and kitchen
furniture therein contained; except therefrom the Bedstead and
Bedding taken into the house by me, which I hereby give and bequeath
to my son David Wagoner. And that at the death of my said wife
all the property hereby devised or bequeathed to her as aforesaid is to
be equally divided among all my children, Catherine Woertz,
Simeon Frederick Wagoner and David Wagoner. and lastly
that this my present Codicil be annexed to and made part of
my last will & testament with the Codicil thereto made, to all
intents and purposes.
In witness whereof I have hereunto set my hand and seal
this 26th day of February AD 1864
Frederick Wagoner {seal}
Signed sealed & published by the said Frederick Wagoner as &
for a Codicil to be added to and be considered as a part of his last
will and testament with the Codicil thereto annexed in presence of
us who at his request have subscribed our names as witnesses to
the same W D Heim
[illegible signature] written in German
The State of Ohio }
Delaware County, ss. } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County decd
We Gregory Pfifar and William D Heim
being duly sworn in open Court this 9th day of February
AD 1870 depose and say that we were present at the
execution of the last will and testament ^and codicil of Frederick Wagoner
hereto annexed, bearing date 24th day of February AD 1864;
that we saw said testator subscribe said Codicil & heard him
publish and declare the same to be a part of 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
[illegible signature] Written in German
W D Heim
Sworn to and subscribed before me in the Probate Court, this 9th
day of February AD 1870
T.W. Powell
Probate Judge
Codicil 3rd
Whereas I Frederick Wagoner of Delaware County Ohio
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 74)
Description
[page 74]
[corresponds to page 41 of Delaware County Will Records Vol. 5 1869-1876]
41
Record of the Last Will of Frederick Wagoner deceased
by the first Codicil to my last will & testament in writing
duly executed bearing date the 30th day of Ocotber 1862, did then
and there appoint as therein stated my son in law George Kronura
the Executor of this my last will and testament. now be it
known, that I the said Frederick Wagoner being desirous of altering
the said Codicil, in respect to said Kromer as Executor, do hereby
revoke the said appointment and do hereby substitute, constitute
and appoint my son David Wagoner to be the Executor of
of the said last will and testament, as also to all the Codicil
to the same made. Also by the Codicil hereby bequeath and
devise, that out of the portion bequeathed to my daughter Cath=
erine Woertz (now intermarried with Christopher Lamann) the
sum of One Hundred Dollars each be paid to each of the children
of Nicholas Woertz now deceased named as follows, to wit, To
Mary E Woertz $100.00, To Jacob F Woertz $100.00 and to Nicholas
Woertz $1000.00 when they severally arrive at lawful age and
during their minority the use of these bequests to go to the
benefit of said Catherine Lamann mother of the said children
herein named. It is further my desire that my son
David Wagoner herein appointed Executor be authorized
to act as such, without any bail being required.
Also I do hereby ratify and confirm my said will
and codicils in every thing, except where the same is
hereby revoked and altered as aforesaid.
In witness whereof I the said Frederick Wagoner
have hereunto to this Codicil set my hand and seal,
this 4th day of December AD 1869.
Frederick Wagoner {seal}
Signed sealed & published by the said Frederick Wagoner as and
for a Codicil to be added to & considered as a part of said last
will & testament in the presence of us, who have subscribed our names
in his presence and at his request as witnesses.
{U.S. Stamp} W D Heim
{$2.50} F Kurrley
The State of Ohio }
Delaware County, ss, } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County decd
We Frederick Kurrley and William
D. Heim, being duly sworn in open Court this 9th day of
February AD, 1870, depose and say that we were present
at the execution of the last will and Codicil of Frederick
Wagoner decd hereto annexed bearing date 4th day of Dec=
ember 1869; 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 & in his presence and in the presence of each other
(over)
[corresponds to page 41 of Delaware County Will Records Vol. 5 1869-1876]
41
Record of the Last Will of Frederick Wagoner deceased
by the first Codicil to my last will & testament in writing
duly executed bearing date the 30th day of Ocotber 1862, did then
and there appoint as therein stated my son in law George Kronura
the Executor of this my last will and testament. now be it
known, that I the said Frederick Wagoner being desirous of altering
the said Codicil, in respect to said Kromer as Executor, do hereby
revoke the said appointment and do hereby substitute, constitute
and appoint my son David Wagoner to be the Executor of
of the said last will and testament, as also to all the Codicil
to the same made. Also by the Codicil hereby bequeath and
devise, that out of the portion bequeathed to my daughter Cath=
erine Woertz (now intermarried with Christopher Lamann) the
sum of One Hundred Dollars each be paid to each of the children
of Nicholas Woertz now deceased named as follows, to wit, To
Mary E Woertz $100.00, To Jacob F Woertz $100.00 and to Nicholas
Woertz $1000.00 when they severally arrive at lawful age and
during their minority the use of these bequests to go to the
benefit of said Catherine Lamann mother of the said children
herein named. It is further my desire that my son
David Wagoner herein appointed Executor be authorized
to act as such, without any bail being required.
Also I do hereby ratify and confirm my said will
and codicils in every thing, except where the same is
hereby revoked and altered as aforesaid.
In witness whereof I the said Frederick Wagoner
have hereunto to this Codicil set my hand and seal,
this 4th day of December AD 1869.
Frederick Wagoner {seal}
Signed sealed & published by the said Frederick Wagoner as and
for a Codicil to be added to & considered as a part of said last
will & testament in the presence of us, who have subscribed our names
in his presence and at his request as witnesses.
{U.S. Stamp} W D Heim
{$2.50} F Kurrley
The State of Ohio }
Delaware County, ss, } In the matter of the last will & testament
of Frederick Wagoner of Delaware in this County decd
We Frederick Kurrley and William
D. Heim, being duly sworn in open Court this 9th day of
February AD, 1870, depose and say that we were present
at the execution of the last will and Codicil of Frederick
Wagoner decd hereto annexed bearing date 4th day of Dec=
ember 1869; 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 & in his presence and in the presence of each other
(over)
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 75)
Description
[page 75]
[corresponds to page 42 of Delaware County Will Records Vol. 5 1869-1876]
42
Record of the Last Will of Adam Miller deceased
And the said William D Heim says that he is well acquainted with the
signature and hand writing of Charles Sweetser and says he has examined
the signature of said that said Sweetser is now decd
Frederick Kurrley
W D Heim
Sworn to & subscribed before me, in the Probate Court this 9th day
of February AD 1870
T.W. Powell
Probate Judge
Record of the Last Will of Adam Miller deceased
Proceedings had before Hon Thomas W. Powell, Judge
of the Probate Court in & for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 19th day of February AD 1870.
The following is the Order made in the Journal on the
said 10th day of February AD 1870 as follows, towit:
February 10th 1870
Will and Estate of Adam Miller decd
This day the last will and testament of Adam Miller late of
Delaware decd was presented to the Court for probate & record, thereupon
Earley F Poppleton & Charles H. McElroy the subscribing witnesses
thereto came into Court & were duly sworn & examined and their
testimony reduced to writing, annexed to said will & filed therewith
and it appearing to the Court that the said will was duly executed &
attested & that the testator said Adam Miller was at the time of
executing the same of full age, and of sound mind & memory & not
under any restraint; it is therefore considered & ordered that the said
will be admitted to probate as duly proved as the last will & testament
of said Adam Miller decd & ordered to be recorded as such
T W Powell Probate Judge
(Record of said Will)
In the Name of the Benevolent Father of all,
I Adam Miller of the County of Delaware and
State of Ohio, being of advanced age and knowing the uncertainty
of life the certainty of death and the uncertainty of the time thereof
and being desirous of disposing of my worldly effects while yet
in the flesh and being of sound mind and disposing mind & memory
do hereby make this my last will and testament.
Item First. I will that all my Just debts be first paid out of
my property.
Item Second. I will and bequeath to my son Martin Miller
my pasture lot, being the following described real Estate, Situate
in Delaware Township, Delaware County Ohio & in Range
19 Township 4, Section 2 and part of Lot No 3, in United
[corresponds to page 42 of Delaware County Will Records Vol. 5 1869-1876]
42
Record of the Last Will of Adam Miller deceased
And the said William D Heim says that he is well acquainted with the
signature and hand writing of Charles Sweetser and says he has examined
the signature of said that said Sweetser is now decd
Frederick Kurrley
W D Heim
Sworn to & subscribed before me, in the Probate Court this 9th day
of February AD 1870
T.W. Powell
Probate Judge
Record of the Last Will of Adam Miller deceased
Proceedings had before Hon Thomas W. Powell, Judge
of the Probate Court in & for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 19th day of February AD 1870.
The following is the Order made in the Journal on the
said 10th day of February AD 1870 as follows, towit:
February 10th 1870
Will and Estate of Adam Miller decd
This day the last will and testament of Adam Miller late of
Delaware decd was presented to the Court for probate & record, thereupon
Earley F Poppleton & Charles H. McElroy the subscribing witnesses
thereto came into Court & were duly sworn & examined and their
testimony reduced to writing, annexed to said will & filed therewith
and it appearing to the Court that the said will was duly executed &
attested & that the testator said Adam Miller was at the time of
executing the same of full age, and of sound mind & memory & not
under any restraint; it is therefore considered & ordered that the said
will be admitted to probate as duly proved as the last will & testament
of said Adam Miller decd & ordered to be recorded as such
T W Powell Probate Judge
(Record of said Will)
In the Name of the Benevolent Father of all,
I Adam Miller of the County of Delaware and
State of Ohio, being of advanced age and knowing the uncertainty
of life the certainty of death and the uncertainty of the time thereof
and being desirous of disposing of my worldly effects while yet
in the flesh and being of sound mind and disposing mind & memory
do hereby make this my last will and testament.
Item First. I will that all my Just debts be first paid out of
my property.
Item Second. I will and bequeath to my son Martin Miller
my pasture lot, being the following described real Estate, Situate
in Delaware Township, Delaware County Ohio & in Range
19 Township 4, Section 2 and part of Lot No 3, in United
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 76)
Description
[page 76]
[corresponds to page 43 of Delaware County Will Records Vol. 5 1869-1876]
43
Record of the Last Will of Adam Miller deceased
States Military Lands, it being the South half of the following described
tract of 12 acres of land beginning at the NW corner of said Lot No 3.
and running thence Southwardly along said lot line to the NW corner
of a tract of about 64 acres (formerly owned by Jno Sepert) being the
South part of said Lot No 3, and running thence Eastwardly along
said Leperts line to the middle of the Road running to the mouth of Mill
Creek, then North Eastwardly along the middle of said road to the
north line of said Lot No 3, thence westwardly on said line to the place
of beginning, the 1/2 of the above described tract contain 6 acres
Item Third. I will and bequeath to my Grand Daughter Mary
R Miller the sum of One Hundred Dollars, to be paid to her
by my Executor herinafter named out of any money or
credits of which I may die seized.
Item Fourth. I will and bequeath to my Grand Daughter
Emily Francis Miller the sum of One Hundred Dollars
to be paid to her by my Executor hereinafter named out
of any money or credits of which I may die seized.
Item Fifth. I will and bequeath to my Grand Son William
M Miller all the residue of my property real personal
& mixed of which I may die seized.
Item Fifth. I will and bequeath to my Grand Son William
M Miller all the residue of my property real personal
& mixed of which I may die seized or of which I may be in
any way the owner or entitled too
Item Sixth. I do hereby nominate and appoint Martin Miller
the Executor of this my last will & testament
Item Seventh. I do hereby revoke all former wills by me
made and declare this alone to be my last will and
Testament.
In witness whereof I the said Adam Miller hereto
set my Seal and subscribe my name this 16th day of
March AD 1869 Adam Miller {seal}
Signed and acknowledge by said Adam Miller as his
last will & Testament in our presence and signed by us in
his presence and at his request and in the presence of each
other the day & year above written
{U s Stamp} E F Poppleton
{$1 00 x} C. H. McElroy
The State of Ohio. }
Delaware County, ss. } In the matter of the last will and
testament of Adam Miller in this County decd
We Earley S Poppleton & Charles
H McElroy being duly sworn in open Court this 10th day
of February AD 1870, depose and say that we were present
at the Execution of the last will & testament of Adam Miller
of Delaware hereto annexed bearing date 16th day of March
1869; that we saw said testator subscribe said will & 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 of sound mind & memory & not under any
restraint, and that we signed the same as witnesses in his
[corresponds to page 43 of Delaware County Will Records Vol. 5 1869-1876]
43
Record of the Last Will of Adam Miller deceased
States Military Lands, it being the South half of the following described
tract of 12 acres of land beginning at the NW corner of said Lot No 3.
and running thence Southwardly along said lot line to the NW corner
of a tract of about 64 acres (formerly owned by Jno Sepert) being the
South part of said Lot No 3, and running thence Eastwardly along
said Leperts line to the middle of the Road running to the mouth of Mill
Creek, then North Eastwardly along the middle of said road to the
north line of said Lot No 3, thence westwardly on said line to the place
of beginning, the 1/2 of the above described tract contain 6 acres
Item Third. I will and bequeath to my Grand Daughter Mary
R Miller the sum of One Hundred Dollars, to be paid to her
by my Executor herinafter named out of any money or
credits of which I may die seized.
Item Fourth. I will and bequeath to my Grand Daughter
Emily Francis Miller the sum of One Hundred Dollars
to be paid to her by my Executor hereinafter named out
of any money or credits of which I may die seized.
Item Fifth. I will and bequeath to my Grand Son William
M Miller all the residue of my property real personal
& mixed of which I may die seized.
Item Fifth. I will and bequeath to my Grand Son William
M Miller all the residue of my property real personal
& mixed of which I may die seized or of which I may be in
any way the owner or entitled too
Item Sixth. I do hereby nominate and appoint Martin Miller
the Executor of this my last will & testament
Item Seventh. I do hereby revoke all former wills by me
made and declare this alone to be my last will and
Testament.
In witness whereof I the said Adam Miller hereto
set my Seal and subscribe my name this 16th day of
March AD 1869 Adam Miller {seal}
Signed and acknowledge by said Adam Miller as his
last will & Testament in our presence and signed by us in
his presence and at his request and in the presence of each
other the day & year above written
{U s Stamp} E F Poppleton
{$1 00 x} C. H. McElroy
The State of Ohio. }
Delaware County, ss. } In the matter of the last will and
testament of Adam Miller in this County decd
We Earley S Poppleton & Charles
H McElroy being duly sworn in open Court this 10th day
of February AD 1870, depose and say that we were present
at the Execution of the last will & testament of Adam Miller
of Delaware hereto annexed bearing date 16th day of March
1869; that we saw said testator subscribe said will & 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 of sound mind & memory & not under any
restraint, and that we signed the same as witnesses in his
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 77)
Description
[page 77]
[corresponds to page 44 of Delaware County Will Records Vol. 5 1869-1876]
44
Record of the last Will of Maria Meminger deceased,
request on his presence and in the presence of each other
E.F. Poppleton
C.H. McElroy
Sworn to & subscribed before me, in Probate Court, this 19th day of
February AD 1870
T W Powell
Probate Judge
Record of the last will of Maria Meminger decd
Proceedings had before Hon. Benjamin C. Waters Judge of the
Probate Court in & for the County of Delaware in the State of Ohio
at his Office in the Court House in the Town of Delaware on
the 14th day of February A.d. 1870--
The following is the order made in the Journal on the Said
14th day of February A.D. 1870.
Will & Estate of Maria Meminger decd
This day the last will & Testament of Maria Meminger decd late of
Delaware County, was presented to the Court for probate & record.
Thereupon C.N. McElroy & John Sautter, the subscribing witnesses
thereto, came & were duly sworn & 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 & attested, and that the
testatrix, Maria Meminger was at the time of executing
the same of full age and of sound mind & memory
& not under any restraint. It is therefore considered &
ordered that the said Will be admitted to probate as duly
proved as the last will & testament of the said Maria Mem
inger deceased, and be recorded as such.
B.C. Waters
Probate Judge
(Record of the Will)
In the name of the Benevolent Father of All,
I Maria Meminger of the County of Delaware & State of Ohio
being of sound mind memory & understanding, do hereby
publish and declare this to be my last will & testament
hereby revoking & making null & void all former last
wills & testaments, and writings in the nature of last wills
& testaments by me heretofore made. My Will is
First- That all of my just debts funeral expenses &
the expenses of the execution of this my last will &
testament, be paid -
The residue of my estate, real & personal I give, desire and
bequeath to my daughter Augusta Witlinger wife of Christ
Witlinger, her heirs, executors & administrators.
And I do nominate & appoint Christ Witlinger husband
[corresponds to page 44 of Delaware County Will Records Vol. 5 1869-1876]
44
Record of the last Will of Maria Meminger deceased,
request on his presence and in the presence of each other
E.F. Poppleton
C.H. McElroy
Sworn to & subscribed before me, in Probate Court, this 19th day of
February AD 1870
T W Powell
Probate Judge
Record of the last will of Maria Meminger decd
Proceedings had before Hon. Benjamin C. Waters Judge of the
Probate Court in & for the County of Delaware in the State of Ohio
at his Office in the Court House in the Town of Delaware on
the 14th day of February A.d. 1870--
The following is the order made in the Journal on the Said
14th day of February A.D. 1870.
Will & Estate of Maria Meminger decd
This day the last will & Testament of Maria Meminger decd late of
Delaware County, was presented to the Court for probate & record.
Thereupon C.N. McElroy & John Sautter, the subscribing witnesses
thereto, came & were duly sworn & 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 & attested, and that the
testatrix, Maria Meminger was at the time of executing
the same of full age and of sound mind & memory
& not under any restraint. It is therefore considered &
ordered that the said Will be admitted to probate as duly
proved as the last will & testament of the said Maria Mem
inger deceased, and be recorded as such.
B.C. Waters
Probate Judge
(Record of the Will)
In the name of the Benevolent Father of All,
I Maria Meminger of the County of Delaware & State of Ohio
being of sound mind memory & understanding, do hereby
publish and declare this to be my last will & testament
hereby revoking & making null & void all former last
wills & testaments, and writings in the nature of last wills
& testaments by me heretofore made. My Will is
First- That all of my just debts funeral expenses &
the expenses of the execution of this my last will &
testament, be paid -
The residue of my estate, real & personal I give, desire and
bequeath to my daughter Augusta Witlinger wife of Christ
Witlinger, her heirs, executors & administrators.
And I do nominate & appoint Christ Witlinger husband
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 78)
Description
[page 78]
[corresponds to page 45 of Delaware County Will Records Vol. 5 1869-1876]
45
Record of the last Will of Maria Meminger deceased,
of said Augusta Witlinger to be my Sole executor of this my last
will & testament. And I do hereby request that my said
executor shall not be required to give bond as such executor.
And I do hereby further request that there shall be no appraise
ment of my property real or personal. In testimony
whereof I the said Maria Meminger have hereunto Subscribed
my hand & Seal this Fifth day of February A.D. 1870.
Maria Meminger {seal}
Signed Sealed and declared by the said Maria Meminger to
be her last will & testament, in presence of us who at her
request and in her presence have subscribed our names as
witnesses thereto in the presence of each other
C. H. McElroy
John Sautter
The State of Ohio Delaware County ss,
In the matter of the last will & testament of Maria Meminger
deceased, We C.H. McElroy and John Sautter being
duly sworn in open Court this 14th day of February AD 1870
depose and say that we were present at the execution of
of the last will and testament of Maria Memniger of
Delaware County This hereunto annexed, bearing date
Fifth day of February 1870: that we saw the said testa
-tor subscribed said will, and 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. C. H. McElroy
John Sautter
Sworn to and Subscribed before me, in the Probate
Court, this 14th day of February A.D. 1870.
B.C. Waters, Probate Judge
Record of the last will of Fanny George decd
Proceedings had before Hon. Benjamin C. Waters Judge of
the Probate Court in & for the County of Delaware in the State of Ohio
at his Office in the Court House in the Town of Delaware, on the 26th
day of February A.D. 1870.
The following is the order made in the Journal on the said
26th day of February A.D. 1870.
Will & Estate of Fanny George deced
This day the last will & testament of Fanny George deceased
was presented to the Court for probate and record. Thereupon
Joel Cleveland and Maria Roloson, the subscribing witnesses
thereto came & even duly Sworn & examined & their testimony
[corresponds to page 45 of Delaware County Will Records Vol. 5 1869-1876]
45
Record of the last Will of Maria Meminger deceased,
of said Augusta Witlinger to be my Sole executor of this my last
will & testament. And I do hereby request that my said
executor shall not be required to give bond as such executor.
And I do hereby further request that there shall be no appraise
ment of my property real or personal. In testimony
whereof I the said Maria Meminger have hereunto Subscribed
my hand & Seal this Fifth day of February A.D. 1870.
Maria Meminger {seal}
Signed Sealed and declared by the said Maria Meminger to
be her last will & testament, in presence of us who at her
request and in her presence have subscribed our names as
witnesses thereto in the presence of each other
C. H. McElroy
John Sautter
The State of Ohio Delaware County ss,
In the matter of the last will & testament of Maria Meminger
deceased, We C.H. McElroy and John Sautter being
duly sworn in open Court this 14th day of February AD 1870
depose and say that we were present at the execution of
of the last will and testament of Maria Memniger of
Delaware County This hereunto annexed, bearing date
Fifth day of February 1870: that we saw the said testa
-tor subscribed said will, and 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. C. H. McElroy
John Sautter
Sworn to and Subscribed before me, in the Probate
Court, this 14th day of February A.D. 1870.
B.C. Waters, Probate Judge
Record of the last will of Fanny George decd
Proceedings had before Hon. Benjamin C. Waters Judge of
the Probate Court in & for the County of Delaware in the State of Ohio
at his Office in the Court House in the Town of Delaware, on the 26th
day of February A.D. 1870.
The following is the order made in the Journal on the said
26th day of February A.D. 1870.
Will & Estate of Fanny George deced
This day the last will & testament of Fanny George deceased
was presented to the Court for probate and record. Thereupon
Joel Cleveland and Maria Roloson, the subscribing witnesses
thereto came & even duly Sworn & examined & their testimony
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 79)
Description
[page 79]
[corresponds to page 46 of Delaware County Will Records Vol. 5 1869-1876]
46
Record of the last Will of Fanny George deceased,
reduced to writing & annexed to the will & filed therewith,
and at appearing to the Court that the said will was duly
executed & attested, & that the testatrix Fanny George was at
the time of executing the same of full age and of sound
mind & memory and not under any restraint. It
is therefore considered and ordered that the said will be
admitted to probate as duly proved as the last will and
testament of the said Fanny George deceased, and be
recorded as such. B.C. Waters
Probate Judge
Record of the Will
In the name of the great Father of all, I, Fanny George
do make and publish this my last will and testament.
Item 1st. I give to my sister Chessa Ann Broton of Noble
County, my new black silk dress, and my black
woolen Shawl.
Item 2nd. I desire that all my debts and expenses be paid,
Then there be placed at my husbands and my
own grave a Sett of tomb Stones as near like those that are
now up at the grave of our Son Samuel George, as may be.
Item 3rd. After paying as above I give three fourths of all
the remainder of my property to my daughter
Mary Vining.
Item 4th. I give and bequeath one fourth of my property
to my Son in law, Elam A. Vining.
Item 5th. I do hereby nominate and appoint Joel Cleveland
my executor of this my last will & testament.
authorising and empowering him to compromise, adjust release
and discharge in such manner as he may deem proper
the debts and claims due me and after settling and
paying all my expenses according to the provision of this
will pay the balance of my estate as above disposed of.
In testimony hereof I have hereunto Set my hand
and Seal this 7th day of February in the year 1870 --
Signed and acknowledged } Fanny George {seal}
by said Fanny George as his }
last will & testament in our }
presence, and signed by us in }
her presence - }
Joel Cleveland }
Maria J. Roloson }
The State of Ohio, Delaware County ss,
In the matter of the last will and testament of Fanny
George deceased, we Joel Cleveland and Maria Roloson
being duly Sworn in open Court this 26th day of February
A.D. 1870, depose and Say that we were present at the
execution of the last will and testament of Fanny George
of Berlin Township Delaware County hereunto annexed,
[corresponds to page 46 of Delaware County Will Records Vol. 5 1869-1876]
46
Record of the last Will of Fanny George deceased,
reduced to writing & annexed to the will & filed therewith,
and at appearing to the Court that the said will was duly
executed & attested, & that the testatrix Fanny George was at
the time of executing the same of full age and of sound
mind & memory and not under any restraint. It
is therefore considered and ordered that the said will be
admitted to probate as duly proved as the last will and
testament of the said Fanny George deceased, and be
recorded as such. B.C. Waters
Probate Judge
Record of the Will
In the name of the great Father of all, I, Fanny George
do make and publish this my last will and testament.
Item 1st. I give to my sister Chessa Ann Broton of Noble
County, my new black silk dress, and my black
woolen Shawl.
Item 2nd. I desire that all my debts and expenses be paid,
Then there be placed at my husbands and my
own grave a Sett of tomb Stones as near like those that are
now up at the grave of our Son Samuel George, as may be.
Item 3rd. After paying as above I give three fourths of all
the remainder of my property to my daughter
Mary Vining.
Item 4th. I give and bequeath one fourth of my property
to my Son in law, Elam A. Vining.
Item 5th. I do hereby nominate and appoint Joel Cleveland
my executor of this my last will & testament.
authorising and empowering him to compromise, adjust release
and discharge in such manner as he may deem proper
the debts and claims due me and after settling and
paying all my expenses according to the provision of this
will pay the balance of my estate as above disposed of.
In testimony hereof I have hereunto Set my hand
and Seal this 7th day of February in the year 1870 --
Signed and acknowledged } Fanny George {seal}
by said Fanny George as his }
last will & testament in our }
presence, and signed by us in }
her presence - }
Joel Cleveland }
Maria J. Roloson }
The State of Ohio, Delaware County ss,
In the matter of the last will and testament of Fanny
George deceased, we Joel Cleveland and Maria Roloson
being duly Sworn in open Court this 26th day of February
A.D. 1870, depose and Say that we were present at the
execution of the last will and testament of Fanny George
of Berlin Township Delaware County hereunto annexed,
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 80)
Description
[page 80]
[corresponds to page 47 of Delaware County Will Records Vol. 5 1869-1876]
47
Record of the last will of Elem A. Vining deceased.
bearing date Seventh day of February 1870; 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 restrain, and that we signed the same as
witnesses at her request and in her presence and in the
presence of each other. Maria J. Roloson
Joel Cleveland
Sworn to and Subscribed before me, in the Probate Court,
this 26 . day of February A.D. 1870. B.C. Waters
Probate Judge
Record of the last of Elem A. Vining deceased --
Proceedings had before Hon. Benjamin C. Waters, Judge of the Probate
Court, in & for the County of Delaware in the Town of Delaware, on the 5th day
of March A.D. 1870 --
The following is the order made in the Journal on the
said 5th day of March A.D. 1870 --
Will & Estate of Elem A. Vining deceased -
This day the last will and testament of Elem A. Vining
decd was presented to the Court for Probate & Record. Whereupon
D.C. Mooney & Robert Barber, the Subscribing Witnesses thereto,
came & were duly sworn & examined & their testimony
reduced to writing & annexed to the Will & filed therewith,
& it appearing to the Court, that the said Will was duly ex-
-ecuted & attested, and that the said testator Elem A.
Vining, was at the time of executing the same of full age
& of sound mind & memory and not under any restraint.
It is therefore considered and ordered that the said Will
be admitted to probate as duly proved as the last will
& testament of the said Elem A. Vining deceased and
be recorded as such, Also at the same time personally
appeared Mary E. Vining, widow of said Elem A. Vining
to make her election under said Will, and after the Court
had fully advised her of her rights under the will and
the law, She then elected to take under the will and
according to the terms thereof. B.C. Waters Probate Judge
Record of the Will,
In the name of the Benevolent Father of All, I, Elem A. Vining
of the County of Delaware Ohio, being of Sound mind and
memory, do make and publish this my last will and
testament, in manner and form following.
First, I give and devise to my beloved wife Mary E. Vining
[corresponds to page 47 of Delaware County Will Records Vol. 5 1869-1876]
47
Record of the last will of Elem A. Vining deceased.
bearing date Seventh day of February 1870; 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 restrain, and that we signed the same as
witnesses at her request and in her presence and in the
presence of each other. Maria J. Roloson
Joel Cleveland
Sworn to and Subscribed before me, in the Probate Court,
this 26 . day of February A.D. 1870. B.C. Waters
Probate Judge
Record of the last of Elem A. Vining deceased --
Proceedings had before Hon. Benjamin C. Waters, Judge of the Probate
Court, in & for the County of Delaware in the Town of Delaware, on the 5th day
of March A.D. 1870 --
The following is the order made in the Journal on the
said 5th day of March A.D. 1870 --
Will & Estate of Elem A. Vining deceased -
This day the last will and testament of Elem A. Vining
decd was presented to the Court for Probate & Record. Whereupon
D.C. Mooney & Robert Barber, the Subscribing Witnesses thereto,
came & were duly sworn & examined & their testimony
reduced to writing & annexed to the Will & filed therewith,
& it appearing to the Court, that the said Will was duly ex-
-ecuted & attested, and that the said testator Elem A.
Vining, was at the time of executing the same of full age
& of sound mind & memory and not under any restraint.
It is therefore considered and ordered that the said Will
be admitted to probate as duly proved as the last will
& testament of the said Elem A. Vining deceased and
be recorded as such, Also at the same time personally
appeared Mary E. Vining, widow of said Elem A. Vining
to make her election under said Will, and after the Court
had fully advised her of her rights under the will and
the law, She then elected to take under the will and
according to the terms thereof. B.C. Waters Probate Judge
Record of the Will,
In the name of the Benevolent Father of All, I, Elem A. Vining
of the County of Delaware Ohio, being of Sound mind and
memory, do make and publish this my last will and
testament, in manner and form following.
First, I give and devise to my beloved wife Mary E. Vining
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 81)
Description
[page 81]
[corresponds to page 48 of Delaware County Will Records Vol. 5 1869-1876]
48
Record of the last will of Elem A. Vining deceased
all the household and kitchen Stuff and furniture She
brought to the house when we commenced housekeeping together,
Also one bedstead, one set of chairs, one center table, and the
carpet on the floor in the South room, also one cane bottom
rocking chair, also my top buggy & harness, The same to
her in lieu of her years Support --
2nd It is my will that all the balance of my personal
property and effects be sold at public sale without
appraisement, and all my just debts and expenses be paid
and the balance after putting up a Stone to the head of
my grave as near like the one now up at the head of the grave
of my former wife, Hannah Vining as can be, to be divided
equally between my three daughters Mary May Harriet
Gregg & Caroline E. May.
3rd It is my will that all the real estate I am now possessed
of be sold, and the proceeds be divided as follows, said
real estate being the farm on which I now reside being
in Berlin Township Delaware County Ohio, containing about
one hundred and thirty acres of land.
First my wife shall have fourteen hundred dollars, four
hundred dollars out of the first payment when the farm
is sold, and one thousand dollars in notes from the last
payments on said lands, said notes to be with interest,
And it is my will that my sons William B. Vining, Reuben
D. Vining & Benjmain A. Vining shall each have fourteen
hundred dollars, and the balance after paying costs of
administration etc be divided equally between my three
heretofore named daughters.
4th I hereby constitute and appoint my son Reuben
D. Vining my executor, to carry out this my last
will and testament, and he is hereby authorised to sell
all my personal and real estate at public or private
sale and on such terms as he can secure and
said real Estate without order or authority from Court, and any
in case he should fail to act or settle the same I hereby
authorise my friend John Cuningham to act and
carry out all the foregoing provisions the same as here
to fore named.
I hereby acknowledge the foregoing to be my last
will and testament made and signed this 24th day of
January A.D. 1870.
This instrument was Signed by the } E.A.Vining "seal}
Testator in our presence & signed }
by us in his presence & in the }
presence of each other and }
at his request. }
D. C. Mooney }
Robert Barber }
[corresponds to page 48 of Delaware County Will Records Vol. 5 1869-1876]
48
Record of the last will of Elem A. Vining deceased
all the household and kitchen Stuff and furniture She
brought to the house when we commenced housekeeping together,
Also one bedstead, one set of chairs, one center table, and the
carpet on the floor in the South room, also one cane bottom
rocking chair, also my top buggy & harness, The same to
her in lieu of her years Support --
2nd It is my will that all the balance of my personal
property and effects be sold at public sale without
appraisement, and all my just debts and expenses be paid
and the balance after putting up a Stone to the head of
my grave as near like the one now up at the head of the grave
of my former wife, Hannah Vining as can be, to be divided
equally between my three daughters Mary May Harriet
Gregg & Caroline E. May.
3rd It is my will that all the real estate I am now possessed
of be sold, and the proceeds be divided as follows, said
real estate being the farm on which I now reside being
in Berlin Township Delaware County Ohio, containing about
one hundred and thirty acres of land.
First my wife shall have fourteen hundred dollars, four
hundred dollars out of the first payment when the farm
is sold, and one thousand dollars in notes from the last
payments on said lands, said notes to be with interest,
And it is my will that my sons William B. Vining, Reuben
D. Vining & Benjmain A. Vining shall each have fourteen
hundred dollars, and the balance after paying costs of
administration etc be divided equally between my three
heretofore named daughters.
4th I hereby constitute and appoint my son Reuben
D. Vining my executor, to carry out this my last
will and testament, and he is hereby authorised to sell
all my personal and real estate at public or private
sale and on such terms as he can secure and
said real Estate without order or authority from Court, and any
in case he should fail to act or settle the same I hereby
authorise my friend John Cuningham to act and
carry out all the foregoing provisions the same as here
to fore named.
I hereby acknowledge the foregoing to be my last
will and testament made and signed this 24th day of
January A.D. 1870.
This instrument was Signed by the } E.A.Vining "seal}
Testator in our presence & signed }
by us in his presence & in the }
presence of each other and }
at his request. }
D. C. Mooney }
Robert Barber }
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 82)
Description
[page 82]
[corresponds to page 49 of Delaware County Will Records Vol. 5 1869-1876]
49
Record of the last will of John G. Vergon Decd
The State of Ohio, Delaware County, ss,
In the matter of the last will and testament of Elem A. Vi
-ning deceased. We D.C. Mooney and Robert Barber being
duly sworn in open Court this 5th day of March A.D. 1870,
depose and say that we were present at the execution of the
last will and testament of Elem A. Vining of Berlin
Township Delaware County hereunto annexed, bearing
date 24th day of January 1870; that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his last will and testament,
and that the said testator, at the time of executing the
same, was of full age, and of sound mind and
memory, and not under 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.C. Mooney
Robert Barber
Sworn to and subscribed before me, in the Probate Court,
this 5th day of March A.D. 1870. {seal} B.C. Waters
Probate Judge
Record of the last will of John George Vergon decd
Proceedings had before Hon. Benjamin C. Waters Judge of the
Probate Court in & for the County of Delaware in the State of
at his Office in the Court House in the Town of Delaware,
on the 7th day of March A.D. 1870.
This following is the entry made in the Journal on
the said 7th day of March 1870.
Will & Estate of John George Vergen decd
This day the last will & testament of John G. Vergon deceased, was
presented for probate & record. Whereupon C.C. Chamberlain & Henry
J. Eaton the subscribing witnesses thereto, came & were duly
sworn & examined, and their testimony reduced to writing
& annexed to the Will & filed therewith, and it appearing to
the court that the said will was duly executed & attested and
that the said testator John G. Vergon was at the time of ex
-ecuting the same, of full age and of sound mind & memory
& not under any restraint. It is therefore considered & ordered
that the said will be admitted to probate as duly proved, as
the last will & testament of the said John G. Vergon decd
and be recorded as such. And in accordance with the
terms of said Will Frederick P. Vergon was appointed Executor
of the said Will & estate, no bonds, inventory or sale of personal
property being required. Whereupon Letters Testamentary were
issued to said P. Vergon. B.C. Waters Probate Judge
[corresponds to page 49 of Delaware County Will Records Vol. 5 1869-1876]
49
Record of the last will of John G. Vergon Decd
The State of Ohio, Delaware County, ss,
In the matter of the last will and testament of Elem A. Vi
-ning deceased. We D.C. Mooney and Robert Barber being
duly sworn in open Court this 5th day of March A.D. 1870,
depose and say that we were present at the execution of the
last will and testament of Elem A. Vining of Berlin
Township Delaware County hereunto annexed, bearing
date 24th day of January 1870; that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his last will and testament,
and that the said testator, at the time of executing the
same, was of full age, and of sound mind and
memory, and not under 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.C. Mooney
Robert Barber
Sworn to and subscribed before me, in the Probate Court,
this 5th day of March A.D. 1870. {seal} B.C. Waters
Probate Judge
Record of the last will of John George Vergon decd
Proceedings had before Hon. Benjamin C. Waters Judge of the
Probate Court in & for the County of Delaware in the State of
at his Office in the Court House in the Town of Delaware,
on the 7th day of March A.D. 1870.
This following is the entry made in the Journal on
the said 7th day of March 1870.
Will & Estate of John George Vergen decd
This day the last will & testament of John G. Vergon deceased, was
presented for probate & record. Whereupon C.C. Chamberlain & Henry
J. Eaton the subscribing witnesses thereto, came & were duly
sworn & examined, and their testimony reduced to writing
& annexed to the Will & filed therewith, and it appearing to
the court that the said will was duly executed & attested and
that the said testator John G. Vergon was at the time of ex
-ecuting the same, of full age and of sound mind & memory
& not under any restraint. It is therefore considered & ordered
that the said will be admitted to probate as duly proved, as
the last will & testament of the said John G. Vergon decd
and be recorded as such. And in accordance with the
terms of said Will Frederick P. Vergon was appointed Executor
of the said Will & estate, no bonds, inventory or sale of personal
property being required. Whereupon Letters Testamentary were
issued to said P. Vergon. B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 83)
Description
[page 83]
[corresponds to page 50 of Delaware County Will Records Vol. 5 1869-1876]
50
Record of the last Will of John G. Vergon deceased
The following is the record of the will & the proof thereof, to wit,
On this Nineteenth day of January in the year of our Lord Eighteen
hundred and Sixty Six. I John George Vergon of the Vicinity
of the town of Delaware, in Delaware County State of Ohio,
do here make & publish this my last will & testament,
hereby revoking all former wills by me made.
Item 1st I give & bequeath to my wife, Elizabeth Vergon, if She shall
out live me, all my household furniture, beds & bedding, the two
cows of which I may be the owner at my decease, which said
personal property I bequeath to her in lieu of the personal prop
erty & allowance for her years support, to which she would
be entitled by law out of my estate were I to make no
will: & I further devise & bequeath to my said wife her dow
-er estate in my real estate, that is to say, I give to her, by this
will, the same interest in my real estate, that she would
by law, were I to make no will.
Item 2nd To my son Frederick Peter Vergon, I give devise & bequeath
absolutely all the residue (Not devised in Item No 1.) of the property
of which I may be the owner, or have my interest in, at my decease,
of whatsoever from or nature said property may then be, whether
personal property, money, notes, accounts, real estate, or in any
other form whatsoever; the real estate in real estate in fee
simple subject only to and charged with the legacies
hereinafter Set forth, & which are to be paid by said Frederick
P. Vergon as Stated in this will out of my said estate so
devised to him as aforesaid; & if I should outlive my
said wife, then said personal property devised to her in
"Item No. 1." I here also give & bequeath to said Frederick
P. Vergon.
Item No 3. To my son George Vergon. I give & bequeath the sum of
sixty dollars, for each & every year from the date of my de-
-cease, he shall remain insane, & for each year for two years after
he shall (if ever) be restored to reason & be capable of taking care
of himself & managing his own affairs & property, said sum
is to be expended by my Executor, said Frederick P. Vergon &
at his discretion, in necessaries for my said son George
commencing at my decease, & continuing as heretofore
hereinbefore stated, & if my said son George should be
fully restored as to his reason. & capable of managing his
own property and business; then it is my will, that, at the
expiration of the period of two years from his restoration to reason
& capability of managing his own property & business said payment
in necessaries of sixty dollars per annum cease, & in lieu thereof
I give & devise to him the gross sum in money of One thousand
dollars, to be paid to him, in case my wife, said Elizabeth
Vergon shall not be living at the expiration of said two years
after said restoration of reason & capability of managing his
own property & business, of four equal annual installments of
[corresponds to page 50 of Delaware County Will Records Vol. 5 1869-1876]
50
Record of the last Will of John G. Vergon deceased
The following is the record of the will & the proof thereof, to wit,
On this Nineteenth day of January in the year of our Lord Eighteen
hundred and Sixty Six. I John George Vergon of the Vicinity
of the town of Delaware, in Delaware County State of Ohio,
do here make & publish this my last will & testament,
hereby revoking all former wills by me made.
Item 1st I give & bequeath to my wife, Elizabeth Vergon, if She shall
out live me, all my household furniture, beds & bedding, the two
cows of which I may be the owner at my decease, which said
personal property I bequeath to her in lieu of the personal prop
erty & allowance for her years support, to which she would
be entitled by law out of my estate were I to make no
will: & I further devise & bequeath to my said wife her dow
-er estate in my real estate, that is to say, I give to her, by this
will, the same interest in my real estate, that she would
by law, were I to make no will.
Item 2nd To my son Frederick Peter Vergon, I give devise & bequeath
absolutely all the residue (Not devised in Item No 1.) of the property
of which I may be the owner, or have my interest in, at my decease,
of whatsoever from or nature said property may then be, whether
personal property, money, notes, accounts, real estate, or in any
other form whatsoever; the real estate in real estate in fee
simple subject only to and charged with the legacies
hereinafter Set forth, & which are to be paid by said Frederick
P. Vergon as Stated in this will out of my said estate so
devised to him as aforesaid; & if I should outlive my
said wife, then said personal property devised to her in
"Item No. 1." I here also give & bequeath to said Frederick
P. Vergon.
Item No 3. To my son George Vergon. I give & bequeath the sum of
sixty dollars, for each & every year from the date of my de-
-cease, he shall remain insane, & for each year for two years after
he shall (if ever) be restored to reason & be capable of taking care
of himself & managing his own affairs & property, said sum
is to be expended by my Executor, said Frederick P. Vergon &
at his discretion, in necessaries for my said son George
commencing at my decease, & continuing as heretofore
hereinbefore stated, & if my said son George should be
fully restored as to his reason. & capable of managing his
own property and business; then it is my will, that, at the
expiration of the period of two years from his restoration to reason
& capability of managing his own property & business said payment
in necessaries of sixty dollars per annum cease, & in lieu thereof
I give & devise to him the gross sum in money of One thousand
dollars, to be paid to him, in case my wife, said Elizabeth
Vergon shall not be living at the expiration of said two years
after said restoration of reason & capability of managing his
own property & business, of four equal annual installments of
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 84)
Description
[page 84]
[corresponds to page 51 of Delaware County Will Records Vol. 5 1869-1876]
51
Record of the last will of John G. Vergon deceased
two hundred & fifty dollars each, the first installment to
become due in one year from the expiration of said period of
two years, & the last installment to become due four years
after said expiration of the said period of two years -- (all of
said four installments are to draw interest from the said
expiration of period of two years after restoration to reason, if
said Elizabeth shall not be then leaving.) In case my wife,
the said Elizabeth Vergon, Shall survive me & be Still
living at the expiration of said period of two years from the
restoration of reason to my said son George, then said four
installments, I will, to become due respectively in one year
two years, three years & four years from the death of said
Elizabeth Vergon & to draw interest from the date of her death.
If my said son George shall die without issue surviving, then
it is my will & desire that the payment of said of said install
ments of legacy cease, from and after his death, as to any install
ment or interest on installments not due at the date of his death.
Item No 4 - To my son James Vergon, if he survive me, I give devise
and bequeath the sum of One thousand dollars, to be paid
in four equal annual installments of two hundred and
fifty dollars each. The said installments to become due
respectively - in case I survive my wife said Elizabth
Vergon - in one year - two years - three years & four years from
the date of my decease, & are all to draw interest from that
date, interest of each installments to be paid when the
installment itself becomes due: if however said Elizabeth
Vergon outlives me, then said installments are to be
once due respectively, in one year, two years, three years,
& four years, from the date of her death, & are all to draw
interest from the date of her death interest of each installment
to be paid when that installment becomes due; in either
case, however, if my said son James Shall die without
issue surviving him, then, it is my will and desire, that
the payment of said installments of legacy cease from
& after his death, as to any & all installments (& interest thereon),
not due at the date of his death; & if he leave at his death
child or children of his living, all of whom, decease after
my said son James dies, & before all of said installments
become due, then it is my will, that the payment, as to
any & all installments, (& interest thereon,) not then due
cease at the death of the last of said children so as
aforesaid surviving their father said James Vergon.
Item No. 5th I give devise & bequeath to my daughter Anna Morell,
widow of Peter Morell, the Sum of Five Hundred Dollars
to be paid to her in four equal annual installments
of One hundred and twenty five dollars each the said
installments to become due respectively in one year, two
years, three years & four years after my decease, if I
[corresponds to page 51 of Delaware County Will Records Vol. 5 1869-1876]
51
Record of the last will of John G. Vergon deceased
two hundred & fifty dollars each, the first installment to
become due in one year from the expiration of said period of
two years, & the last installment to become due four years
after said expiration of the said period of two years -- (all of
said four installments are to draw interest from the said
expiration of period of two years after restoration to reason, if
said Elizabeth shall not be then leaving.) In case my wife,
the said Elizabeth Vergon, Shall survive me & be Still
living at the expiration of said period of two years from the
restoration of reason to my said son George, then said four
installments, I will, to become due respectively in one year
two years, three years & four years from the death of said
Elizabeth Vergon & to draw interest from the date of her death.
If my said son George shall die without issue surviving, then
it is my will & desire that the payment of said of said install
ments of legacy cease, from and after his death, as to any install
ment or interest on installments not due at the date of his death.
Item No 4 - To my son James Vergon, if he survive me, I give devise
and bequeath the sum of One thousand dollars, to be paid
in four equal annual installments of two hundred and
fifty dollars each. The said installments to become due
respectively - in case I survive my wife said Elizabth
Vergon - in one year - two years - three years & four years from
the date of my decease, & are all to draw interest from that
date, interest of each installments to be paid when the
installment itself becomes due: if however said Elizabeth
Vergon outlives me, then said installments are to be
once due respectively, in one year, two years, three years,
& four years, from the date of her death, & are all to draw
interest from the date of her death interest of each installment
to be paid when that installment becomes due; in either
case, however, if my said son James Shall die without
issue surviving him, then, it is my will and desire, that
the payment of said installments of legacy cease from
& after his death, as to any & all installments (& interest thereon),
not due at the date of his death; & if he leave at his death
child or children of his living, all of whom, decease after
my said son James dies, & before all of said installments
become due, then it is my will, that the payment, as to
any & all installments, (& interest thereon,) not then due
cease at the death of the last of said children so as
aforesaid surviving their father said James Vergon.
Item No. 5th I give devise & bequeath to my daughter Anna Morell,
widow of Peter Morell, the Sum of Five Hundred Dollars
to be paid to her in four equal annual installments
of One hundred and twenty five dollars each the said
installments to become due respectively in one year, two
years, three years & four years after my decease, if I
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 85)
Description
[page 85]
[corresponds to page 52 of Delaware County Will Records Vol. 5 1869-1876]
52
Record of the last will of John G. Vergon deceased.
survive my said wife (with interest in all of said install
-ments from the date of my death to be paid when the installments
themselves become due); provided said Anna Morell shall
have then ceased to reside on the same premises with my said
son, Frederick P. Vergon: if however my wife survive me,
then said installments are to become due, respectively, in
one year, two years, three years & four years from the date
of her death; (with interest on all of said installments
from the date of my said wife's death to be paid when the
installments themselves respectively become due.) provided
my said daughter Anna shall have then ceased to reside
on the same premises, with my said Son Frederick P. Vergon:
if however my said daughter Anna shall wish to continue to re-
-side on the same premises with my said son Frederick P. Vergon
then so long as she shall so continue to reside. I give & devise
to her, to be provided, for her & no one else with her, by my said son
Frederick P. Vergon, on the premises occupied by himself & family,
two rooms of convenient size for her use, all necessary fuel
for her use to be provided ready for use, five rods of ground
convenient for her use & suitable for garden, & also, so long as
she shall so continue to reside, the sum of thirty dollars to be
paid to her by said Frederick P. Vergon, at the expiration of
each & every year from the date of the death of my said wife Eliz
-abeth Vergon, if she survives me; And if I survive my said
wife at the expiration of each & every year from the date of my
death, so long as said Anna shall continue to reside as afore
-said, in the same premises with my son said Frederick P.
Vergon; but if she shall not continue to reside as aforesaid, then
said payment of thirty dollars per annum, is to cease from the
time she ceases to reside on the premises of the said Frederick
P. Vergon; if at the time She shall choose to & does go to reside
some where else than on the premises of said Frederick P.
Vergon, my wife said Elizabeth Vergon is not living, then it
is my will that the aforesaid legacy of five hundred dollars,
be paid to said Anna Morell, in said four equal install
-ments, in one year, two years, three years & four years from
the time She ceases to reside on the premises with my said
son Frederick P. with interest from that time, but if at the
time my said daughter Anna shall cease to reside on the
same premises with my said Son, my wife, said Elizabeth,
shall be still living it is my will that then, said legacy of
five hundred dollars in the installments aforesaid, be paid
to my said daughter Anna in one year, two years, three
years & four years, respectively, from the time of the decease
of my said wife, with interest on all of said installments
from that time. In case said Anna dies without
child or children of her surviving her, before all of said
legacy becomes due, then, I will that her reasonable doctors
[corresponds to page 52 of Delaware County Will Records Vol. 5 1869-1876]
52
Record of the last will of John G. Vergon deceased.
survive my said wife (with interest in all of said install
-ments from the date of my death to be paid when the installments
themselves become due); provided said Anna Morell shall
have then ceased to reside on the same premises with my said
son, Frederick P. Vergon: if however my wife survive me,
then said installments are to become due, respectively, in
one year, two years, three years & four years from the date
of her death; (with interest on all of said installments
from the date of my said wife's death to be paid when the
installments themselves respectively become due.) provided
my said daughter Anna shall have then ceased to reside
on the same premises, with my said Son Frederick P. Vergon:
if however my said daughter Anna shall wish to continue to re-
-side on the same premises with my said son Frederick P. Vergon
then so long as she shall so continue to reside. I give & devise
to her, to be provided, for her & no one else with her, by my said son
Frederick P. Vergon, on the premises occupied by himself & family,
two rooms of convenient size for her use, all necessary fuel
for her use to be provided ready for use, five rods of ground
convenient for her use & suitable for garden, & also, so long as
she shall so continue to reside, the sum of thirty dollars to be
paid to her by said Frederick P. Vergon, at the expiration of
each & every year from the date of the death of my said wife Eliz
-abeth Vergon, if she survives me; And if I survive my said
wife at the expiration of each & every year from the date of my
death, so long as said Anna shall continue to reside as afore
-said, in the same premises with my son said Frederick P.
Vergon; but if she shall not continue to reside as aforesaid, then
said payment of thirty dollars per annum, is to cease from the
time she ceases to reside on the premises of the said Frederick
P. Vergon; if at the time She shall choose to & does go to reside
some where else than on the premises of said Frederick P.
Vergon, my wife said Elizabeth Vergon is not living, then it
is my will that the aforesaid legacy of five hundred dollars,
be paid to said Anna Morell, in said four equal install
-ments, in one year, two years, three years & four years from
the time She ceases to reside on the premises with my said
son Frederick P. with interest from that time, but if at the
time my said daughter Anna shall cease to reside on the
same premises with my said Son, my wife, said Elizabeth,
shall be still living it is my will that then, said legacy of
five hundred dollars in the installments aforesaid, be paid
to my said daughter Anna in one year, two years, three
years & four years, respectively, from the time of the decease
of my said wife, with interest on all of said installments
from that time. In case said Anna dies without
child or children of her surviving her, before all of said
legacy becomes due, then, I will that her reasonable doctors
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 86)
Description
[page 86]
[corresponds to page 53 of Delaware County Will Records Vol. 5 1869-1876]
53
Record of the last Will of John G. Vergon deceased.
bills & funeral expenses be paid by said Frederick P. Vergon, but
all further payment of said legacy I desire to cease at her death
without child of hers surviving her. In the last foregoing item,
by "same premises" I mean "same farm" on which Said Freder
ick P. & his family May reside for the time being.
Item No. 6th I give devise & bequeath to my daughter Margaret Burlett,
wife of Peter Burlette, the promisory note executed to me by said
Peter Burlett Ocotber 28th 1846, for one hundred & twenty six dollars
& 18 cents, said note drawing interest from its date, I also
devise to her such further sum as said sum of $126.18 &
interest thereon to the date of my death if I survive my wife,
& if She Survive me, then to the date of the decease of my wife,
shall lack then of amounting to five hundred dollars, which
said sum (to be ascertained as aforesaid). I will and
devise to be paid to my said daughter Margaret in four
equal annual installments in one year, two years, three
years & four years, from the date of my death. (with interest)
(from that time) if I survive my wife; if my wife survive
me, Said installments are to be paid in one year two years,
three years & four years from the decease of my wife (with in
-terest from the date of her decease.)
Item No 7th I constitute and appoint my said Son Frederick P.
Vergon, Executor of this my last will & testament & request
that he be not required to give bond in the execution of this
trust, & that he be not required to make any inventory or
appraisement or sale of my said estate. In testimony
whereof I have hereunto set my hand & seal date herein
before written --
Signed by said John George Vergon } John George Vergon {seal}
in our presence & by us in his presence }
& at his request & acknowledged }
by him then to be his last will }
& testament. }
C.C. Chamberlain }
Henry J. Eaton }
The State of Ohio Delaware County ss,
In the matter of the last will & testament of John G.
Vergon deceased. We C.C. Chamberlain and Henry J. Eaton
being duly sworn in open Court this 7th day of March
A.D. 1870, depose and say that we were present at the
execution of the last will & testament of John G. Vergon
of Delaware Township & County hereunto annexed bearing
date 19th day of January 1866, that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his 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
[corresponds to page 53 of Delaware County Will Records Vol. 5 1869-1876]
53
Record of the last Will of John G. Vergon deceased.
bills & funeral expenses be paid by said Frederick P. Vergon, but
all further payment of said legacy I desire to cease at her death
without child of hers surviving her. In the last foregoing item,
by "same premises" I mean "same farm" on which Said Freder
ick P. & his family May reside for the time being.
Item No. 6th I give devise & bequeath to my daughter Margaret Burlett,
wife of Peter Burlette, the promisory note executed to me by said
Peter Burlett Ocotber 28th 1846, for one hundred & twenty six dollars
& 18 cents, said note drawing interest from its date, I also
devise to her such further sum as said sum of $126.18 &
interest thereon to the date of my death if I survive my wife,
& if She Survive me, then to the date of the decease of my wife,
shall lack then of amounting to five hundred dollars, which
said sum (to be ascertained as aforesaid). I will and
devise to be paid to my said daughter Margaret in four
equal annual installments in one year, two years, three
years & four years, from the date of my death. (with interest)
(from that time) if I survive my wife; if my wife survive
me, Said installments are to be paid in one year two years,
three years & four years from the decease of my wife (with in
-terest from the date of her decease.)
Item No 7th I constitute and appoint my said Son Frederick P.
Vergon, Executor of this my last will & testament & request
that he be not required to give bond in the execution of this
trust, & that he be not required to make any inventory or
appraisement or sale of my said estate. In testimony
whereof I have hereunto set my hand & seal date herein
before written --
Signed by said John George Vergon } John George Vergon {seal}
in our presence & by us in his presence }
& at his request & acknowledged }
by him then to be his last will }
& testament. }
C.C. Chamberlain }
Henry J. Eaton }
The State of Ohio Delaware County ss,
In the matter of the last will & testament of John G.
Vergon deceased. We C.C. Chamberlain and Henry J. Eaton
being duly sworn in open Court this 7th day of March
A.D. 1870, depose and say that we were present at the
execution of the last will & testament of John G. Vergon
of Delaware Township & County hereunto annexed bearing
date 19th day of January 1866, that we saw the said
testator subscribe said will, and heard him publish
and declare the same to be his 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
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 87)
Description
[page 87]
[corresponds to page 54 of Delaware County Will Records Vol. 5 1869-1876]
54
Record of the last will of John G. Vergon deceased --
and not under 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
C.C. Chamberlain
Sworn to and subscribed before me, in the Probate Court
this 7th day of March A.D. 1870 B.C. Waters
Probate Judge.
Record of the last will of Daniel Thomas deceased
Proceedings had before Hon. Benjamin C. Waters, Judge of the
Probate Court, in and for the County of Delaware in the State
of Ohio at his office in the Court House in the Town of Dela
-ware on the 18th day of March A.D. 1870
The following is the order made in the Journal
on the said 18th day of March A.D. 1870, to wit:
March 18, 1870
Will and estate of Daniel Thomas deceased --
This day the will of the said Daniel Thomas late of Madison
County in the State of Indiana, deceased, as proved and
admitted to record in the office of Clerk of Common Pleas
Court for the said County of Madison in the State of Indiana
on the 28th day of Jany, 1865, and this Court being satisfied
that the said Will relates to real estate in Delaware County
Ohio, is is ordered to be admitted to record & recorded in this
Court & County. B.C. Waters
Probate Judge
(Record of the Will)
I Daniel Thomas of Madison County State of Indiana
do make and publish this my last will & testament
1st I give and bequeath to my beloved wife Laura
E. Thomas Fifteen Hundred Dollars to be paid to
her as soon as my estate is Settled, and should she
at any time marry, I direct that she pay to my
brothers and sisters equally five hundred Dollars
of the Fifteen hundred hereby bequeathed.
2nd I bequeath to my two brothers John and Isaac
Thomas, each one seventh of all the property Real
and personal to have after the payment of the Fifteen
Hundred dollars herein bequeathed to my wife.
3d I give & bequeath to the three children of my
brother Herbert Thomas, to wit, Herbert Thomas
Robert Thomas and Ida Thomas one seventh part of all
my property Real and Personal after the payment of the
Fifteen Hundred to my wife as before Stated,
4th I give and bequeath to my brother Gabriel Thomas
[corresponds to page 54 of Delaware County Will Records Vol. 5 1869-1876]
54
Record of the last will of John G. Vergon deceased --
and not under 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
C.C. Chamberlain
Sworn to and subscribed before me, in the Probate Court
this 7th day of March A.D. 1870 B.C. Waters
Probate Judge.
Record of the last will of Daniel Thomas deceased
Proceedings had before Hon. Benjamin C. Waters, Judge of the
Probate Court, in and for the County of Delaware in the State
of Ohio at his office in the Court House in the Town of Dela
-ware on the 18th day of March A.D. 1870
The following is the order made in the Journal
on the said 18th day of March A.D. 1870, to wit:
March 18, 1870
Will and estate of Daniel Thomas deceased --
This day the will of the said Daniel Thomas late of Madison
County in the State of Indiana, deceased, as proved and
admitted to record in the office of Clerk of Common Pleas
Court for the said County of Madison in the State of Indiana
on the 28th day of Jany, 1865, and this Court being satisfied
that the said Will relates to real estate in Delaware County
Ohio, is is ordered to be admitted to record & recorded in this
Court & County. B.C. Waters
Probate Judge
(Record of the Will)
I Daniel Thomas of Madison County State of Indiana
do make and publish this my last will & testament
1st I give and bequeath to my beloved wife Laura
E. Thomas Fifteen Hundred Dollars to be paid to
her as soon as my estate is Settled, and should she
at any time marry, I direct that she pay to my
brothers and sisters equally five hundred Dollars
of the Fifteen hundred hereby bequeathed.
2nd I bequeath to my two brothers John and Isaac
Thomas, each one seventh of all the property Real
and personal to have after the payment of the Fifteen
Hundred dollars herein bequeathed to my wife.
3d I give & bequeath to the three children of my
brother Herbert Thomas, to wit, Herbert Thomas
Robert Thomas and Ida Thomas one seventh part of all
my property Real and Personal after the payment of the
Fifteen Hundred to my wife as before Stated,
4th I give and bequeath to my brother Gabriel Thomas
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 88)
Description
[page 88]
[corresponds to page 55 of Delaware County Will Records Vol. 5 1869-1876]
55
Record of the last will of Daniel Thomas deceased.
one Seventh of all my property Real and personal subject to
the bequest herein to my wife.
5th I give & bequeath to my brother Urial Thomas one
Seventh of all my property Real and personal Subject
to the bequest hereinto my wife.
6th I give and bequeath to my brother John Thomas
One Seventh of all my property Real and personal
Subject to the bequest herein to my wife.
7th I give and devise to my Sister Sarah Thomas one
Seventh of all my property Real and personal Subject
to the bequest to my wife as before.
8th I give and devise to the three children of my Sister
Mary Thomas to wit: Sarah A. Thomas Mary Thomas
and Franky Thomas One Seventh of all my property Real
and personal Subject to the bequest to my wife as before
9th I owe my brother John Thomas Two Hundred
Dollars and it is my will that he be paid the
Said Two Hundred Dollars out of the first money
of my estate. And all the bequests herein are Subject
to said Two Hundred dollars, and my brothers and
Sisters and their Children are to take each their One
Seventh of my property as herein bequeathed after said
Two Hundred dollars are paid.
I also direct that I be buried in a good Metalic coffin
and in Coles Cemetery in Delaware County State of Ohio
by the Side of my Mother, and that all my funeral
expenses be paid out of the first money coming to my
Executor, and all bequests herein are Subject to my funeral
expenses.
I owe Andrew Jackson One Hundred and Sixty
two & 50/100 dollars which is to be paid, and all bequests
herein except funeral expenses are subject to ^the payment of the same.
I also direct that my Executor shall proceed to Sell
my real Estate in the State of Ohio for the purpose of realizing
the Fifteen Hundred dollars herein bequeathed to my wife.
And I also bequeath to my wife the bed and bedding,
bought by me since our marriage, and my Bureau and
She is to keep the things She had when we were married.
I hereby appoint my brother Isaac Thomas Executor of
this my last will and testament.
I give to Ida Thomas my half Sister who lives in Ohio two
dollars. his
Daniel x Thomas {seal}
mark
Signed & sealed by the estator in our presence and signed by
us in his presence and at his request.
W.R. Pierse
N.L. Urickersham
State of Indiana Madison County --
Be it remembered that on the 28th day of January 1865,
[corresponds to page 55 of Delaware County Will Records Vol. 5 1869-1876]
55
Record of the last will of Daniel Thomas deceased.
one Seventh of all my property Real and personal subject to
the bequest herein to my wife.
5th I give & bequeath to my brother Urial Thomas one
Seventh of all my property Real and personal Subject
to the bequest hereinto my wife.
6th I give and bequeath to my brother John Thomas
One Seventh of all my property Real and personal
Subject to the bequest herein to my wife.
7th I give and devise to my Sister Sarah Thomas one
Seventh of all my property Real and personal Subject
to the bequest to my wife as before.
8th I give and devise to the three children of my Sister
Mary Thomas to wit: Sarah A. Thomas Mary Thomas
and Franky Thomas One Seventh of all my property Real
and personal Subject to the bequest to my wife as before
9th I owe my brother John Thomas Two Hundred
Dollars and it is my will that he be paid the
Said Two Hundred Dollars out of the first money
of my estate. And all the bequests herein are Subject
to said Two Hundred dollars, and my brothers and
Sisters and their Children are to take each their One
Seventh of my property as herein bequeathed after said
Two Hundred dollars are paid.
I also direct that I be buried in a good Metalic coffin
and in Coles Cemetery in Delaware County State of Ohio
by the Side of my Mother, and that all my funeral
expenses be paid out of the first money coming to my
Executor, and all bequests herein are Subject to my funeral
expenses.
I owe Andrew Jackson One Hundred and Sixty
two & 50/100 dollars which is to be paid, and all bequests
herein except funeral expenses are subject to ^the payment of the same.
I also direct that my Executor shall proceed to Sell
my real Estate in the State of Ohio for the purpose of realizing
the Fifteen Hundred dollars herein bequeathed to my wife.
And I also bequeath to my wife the bed and bedding,
bought by me since our marriage, and my Bureau and
She is to keep the things She had when we were married.
I hereby appoint my brother Isaac Thomas Executor of
this my last will and testament.
I give to Ida Thomas my half Sister who lives in Ohio two
dollars. his
Daniel x Thomas {seal}
mark
Signed & sealed by the estator in our presence and signed by
us in his presence and at his request.
W.R. Pierse
N.L. Urickersham
State of Indiana Madison County --
Be it remembered that on the 28th day of January 1865,
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 89)
Description
[page 89]
[corresponds to page 56 of Delaware County Will Records Vol. 5 1869-1876]
56
Record of the last will of Daniel Thomas deceased --
W.R. Pierse one of the subscribing witnesses to the within
and foregoing last will and testament of Daniel
Thomas late of said County deceased, personally ap
peared before the Clerk of the Court of Common Pleas of
Madison County in the State of Indiana and being duly
sworn by the Clerk of said Court, upon his oath declared
and testified as follows, that is to say: that on the
7th day of Janaury 1865, he saw Daniel Thomas sign
his name to said instrument in writing as and
for his last will and testament, and that this depo
-nent at the same time heard the said Daniel Thomas
declare the said instrument in writing to be his last
will and testament, and that the said instrument
in writing was at the same time at the request of
the said Daniel Thomas and with his consent at
-tested and subscribed by the said W.R. Pierse and
N.L. Wickersham in the presence of the said testator, and
in the presence of each other as subscribing witnesses
thereto, and that the said Daniel Thomas was at the
time of Signing and Subscribing of the said instrument
in writing as aforesaid of full age. (that is more than
twenty one years of age, and of sound and disposing
mind and memory, and not under any coercion
or restraint as the said deponent verily believes
and further deponent says not.
W.R. Pierse
Sworn to and Subscribed by the said W.R. Pierse before
me Joseph Peden, Clerk of said Court at Anderson
on the 28th day of January 1865. In attestation whereof
I have hereunto subscribed my name and affixed the
seal of said Court - Joseph Peden Clerk
State of Indiana Madison County ss,
I Joseph Peden Clerk of the Court of Common Pleas of
Madison County Indiana do hereby certify that the
within, annexed last will and testament of Daniel Thom
as has been duly admitted to probate, and duly proved
by the testimony of W.R. Pierse one of the subscribing wit
-nesses thereto that a complete of said will and of the tes
timony of the said W.R. Pierse in proof thereof has been
by me hereby made and recorded in Book No 2 at Pages
233, 234, 235, of the Record of Wills of said County.
In attestation whereof, I have hereunto subscribed my
name and affixed the seal of said Court at Anderson this
28th day of Janny 1865. Joseph Peden
Clerk Court C. Pleas Madison Co.
Known all men, that we Isaac Thomas and John
[corresponds to page 56 of Delaware County Will Records Vol. 5 1869-1876]
56
Record of the last will of Daniel Thomas deceased --
W.R. Pierse one of the subscribing witnesses to the within
and foregoing last will and testament of Daniel
Thomas late of said County deceased, personally ap
peared before the Clerk of the Court of Common Pleas of
Madison County in the State of Indiana and being duly
sworn by the Clerk of said Court, upon his oath declared
and testified as follows, that is to say: that on the
7th day of Janaury 1865, he saw Daniel Thomas sign
his name to said instrument in writing as and
for his last will and testament, and that this depo
-nent at the same time heard the said Daniel Thomas
declare the said instrument in writing to be his last
will and testament, and that the said instrument
in writing was at the same time at the request of
the said Daniel Thomas and with his consent at
-tested and subscribed by the said W.R. Pierse and
N.L. Wickersham in the presence of the said testator, and
in the presence of each other as subscribing witnesses
thereto, and that the said Daniel Thomas was at the
time of Signing and Subscribing of the said instrument
in writing as aforesaid of full age. (that is more than
twenty one years of age, and of sound and disposing
mind and memory, and not under any coercion
or restraint as the said deponent verily believes
and further deponent says not.
W.R. Pierse
Sworn to and Subscribed by the said W.R. Pierse before
me Joseph Peden, Clerk of said Court at Anderson
on the 28th day of January 1865. In attestation whereof
I have hereunto subscribed my name and affixed the
seal of said Court - Joseph Peden Clerk
State of Indiana Madison County ss,
I Joseph Peden Clerk of the Court of Common Pleas of
Madison County Indiana do hereby certify that the
within, annexed last will and testament of Daniel Thom
as has been duly admitted to probate, and duly proved
by the testimony of W.R. Pierse one of the subscribing wit
-nesses thereto that a complete of said will and of the tes
timony of the said W.R. Pierse in proof thereof has been
by me hereby made and recorded in Book No 2 at Pages
233, 234, 235, of the Record of Wills of said County.
In attestation whereof, I have hereunto subscribed my
name and affixed the seal of said Court at Anderson this
28th day of Janny 1865. Joseph Peden
Clerk Court C. Pleas Madison Co.
Known all men, that we Isaac Thomas and John
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 90)
Description
[page 90]
[corresponds to page 57 of Delaware County Will Records Vol. 5 1869-1876]
57
Thomas, are bound unto the State of Indiana in the penal
Sum of Two Thousand dollars, for the payment of which
we Jointly and Severally bind ourselves, our heirs Exec
utors and administrators. Sealed and dated
the 28th day of January 1865, The condition
of the above obligation is that if the above bound
Daniel Thomas Shall faithfully discharge the
duties of his trust as Executor of the last will of
Isaac Thomas Sr deceased according to law, then
the above obligation is to be void, else to remain in full
force. Isaac Thomas {seal}
John Thomas {seal}
Approved by me, this 28th day of Janaury 1865.
Joseph Peden
C.C.C.P. Madison County
The State of Indiana Madison County ss,
I Isaac --- swear that I will faithfully discharge
the duties of my trust, as Executor of the last will and
testament of Daniel Thomas deceased according
to law, So help me God. Isaac Thomas
Subscribed and sworn to before me, the 28 day of
January 1865
Joseph Peden
C.C.C.P. Madison County.
I, William C. Fleming Clerk of the Court of Common
Pleas for the County of Madison in the State of Indiana
do hereby certify the annexed to be a true copy of the last
will of Daniel Thomas late of said county deceased,
and of the Certificate of Probate as endorsed thereon. And
Isaac Thomas having duly qualified and given
bond as required by law as executor he is duly author
ized to take upon himself the administration of Such
Estate according to such will.
Witness my hand, and the seal of said Court
this 2nd day of March, 1870 --
{seal} William C. Fleming
C.C.c.P. Madison County
[corresponds to page 57 of Delaware County Will Records Vol. 5 1869-1876]
57
Thomas, are bound unto the State of Indiana in the penal
Sum of Two Thousand dollars, for the payment of which
we Jointly and Severally bind ourselves, our heirs Exec
utors and administrators. Sealed and dated
the 28th day of January 1865, The condition
of the above obligation is that if the above bound
Daniel Thomas Shall faithfully discharge the
duties of his trust as Executor of the last will of
Isaac Thomas Sr deceased according to law, then
the above obligation is to be void, else to remain in full
force. Isaac Thomas {seal}
John Thomas {seal}
Approved by me, this 28th day of Janaury 1865.
Joseph Peden
C.C.C.P. Madison County
The State of Indiana Madison County ss,
I Isaac --- swear that I will faithfully discharge
the duties of my trust, as Executor of the last will and
testament of Daniel Thomas deceased according
to law, So help me God. Isaac Thomas
Subscribed and sworn to before me, the 28 day of
January 1865
Joseph Peden
C.C.C.P. Madison County.
I, William C. Fleming Clerk of the Court of Common
Pleas for the County of Madison in the State of Indiana
do hereby certify the annexed to be a true copy of the last
will of Daniel Thomas late of said county deceased,
and of the Certificate of Probate as endorsed thereon. And
Isaac Thomas having duly qualified and given
bond as required by law as executor he is duly author
ized to take upon himself the administration of Such
Estate according to such will.
Witness my hand, and the seal of said Court
this 2nd day of March, 1870 --
{seal} William C. Fleming
C.C.c.P. Madison County
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 91)
Description
[page 91]
[corresponds to page 58 of Delaware County Will Records Vol. 5 1869-1876]
58
Record of the last Will of the Rev. Evan Evans
Proceedings had before the Hon. Thos W. Powell Judge
of the probate Court of Delaware County Ohio at
his office in the town of Delaware on the 23d day of July
A.D. 1868 towit: July 23d 1868 Will and Estate of Rev. Evan
Evans deceased. This day the will of Evan Evans late
of Radnor Township (deceased, was presented for
Probate and record. Will dated November 19th 1858
and witnessed by Abraham Loyal and G.N. Black
happening that the said Dr. G.H. Black now lives at
Platsmouth, Nebraska Territory the said will was
copied and placed on file and the onjornal was sent
in a commission to Samuel M. Chapman of Plats-
mouth Nebraska Territory to take and report the testimony
and deposition of the said Dr. G.H. Black as
witness to the said will and this matter is continued
to await the return of said Commissioner --
T.W. Powell
Probate Judge
Afterwards towit: on the 26th day of April A.D. 1870
the following proceedings was had before the Hon
B.C. Waters Judge of the Court of Probate in and
for said County of Delaware at his office in said
Town and County on the said 26th day of April A.D. 1870
to wit: Will and Estate of the Rev. Evan Evans
deceased -- This day the last will and testament of
Evan Evans was presented to this Court for record
the same having been Probated by the Hon. T.W. Powell
late Judge of this Court but has never been recorded
as of record shown the testimony of the will annexed
showing that one of the subscribing witnesses thereto
towit: Abraham Lloyd who was duly sworn and Ex
amined by the Court and his testimony reduced
to writing and annexed to the will and filed therewith
on the 24th day of November A.D. 1868 and the other witnesses
thereunto G.H. Black who was living in the state of
Nebraska and on the 23 day of July A.D. 1868 a Com-
mission was issued to Samuel M. Champman to take
the testimony of the said G.H. Black which was
afterward to wit: in August 1868 returned with the
deposition of the Said G.H. Black annexed as follows--
The said subscribing witness as aforesaid came
personally before me and who being by my first duly
sworn according to law did depose and say
that the said G.H. Black was witness to the said will
together with the said Abraham Loyd at Radnor
Township aforesaid at the date of the will to wit: the
19th day of November 1858 which will is now before
him and hereto annexed that they were present at
[corresponds to page 58 of Delaware County Will Records Vol. 5 1869-1876]
58
Record of the last Will of the Rev. Evan Evans
Proceedings had before the Hon. Thos W. Powell Judge
of the probate Court of Delaware County Ohio at
his office in the town of Delaware on the 23d day of July
A.D. 1868 towit: July 23d 1868 Will and Estate of Rev. Evan
Evans deceased. This day the will of Evan Evans late
of Radnor Township (deceased, was presented for
Probate and record. Will dated November 19th 1858
and witnessed by Abraham Loyal and G.N. Black
happening that the said Dr. G.H. Black now lives at
Platsmouth, Nebraska Territory the said will was
copied and placed on file and the onjornal was sent
in a commission to Samuel M. Chapman of Plats-
mouth Nebraska Territory to take and report the testimony
and deposition of the said Dr. G.H. Black as
witness to the said will and this matter is continued
to await the return of said Commissioner --
T.W. Powell
Probate Judge
Afterwards towit: on the 26th day of April A.D. 1870
the following proceedings was had before the Hon
B.C. Waters Judge of the Court of Probate in and
for said County of Delaware at his office in said
Town and County on the said 26th day of April A.D. 1870
to wit: Will and Estate of the Rev. Evan Evans
deceased -- This day the last will and testament of
Evan Evans was presented to this Court for record
the same having been Probated by the Hon. T.W. Powell
late Judge of this Court but has never been recorded
as of record shown the testimony of the will annexed
showing that one of the subscribing witnesses thereto
towit: Abraham Lloyd who was duly sworn and Ex
amined by the Court and his testimony reduced
to writing and annexed to the will and filed therewith
on the 24th day of November A.D. 1868 and the other witnesses
thereunto G.H. Black who was living in the state of
Nebraska and on the 23 day of July A.D. 1868 a Com-
mission was issued to Samuel M. Champman to take
the testimony of the said G.H. Black which was
afterward to wit: in August 1868 returned with the
deposition of the Said G.H. Black annexed as follows--
The said subscribing witness as aforesaid came
personally before me and who being by my first duly
sworn according to law did depose and say
that the said G.H. Black was witness to the said will
together with the said Abraham Loyd at Radnor
Township aforesaid at the date of the will to wit: the
19th day of November 1858 which will is now before
him and hereto annexed that they were present at
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 92)
Description
[page 92]
[corresponds to page 59 of Delaware County Will Records Vol. 5 1869-1876]
59
Record of the Last Will of the Rev. Evan Evans
the making of said will hereunto attached marked
(a) and at the request of the deceased subscribed their
names to said will as witnesses in the presence of the decd
and of each other and that they saw the said Evan
Evans deceased sign and seal said will and heard
him acknowledge the same to be his last will and
testament. That the said Evan Evans deceased at the
time of making signing and sealing of said last
will and testament was of legal age and of sound
mind and memory and under no under restraint
whatsoever.
It is therefore considered and ordered that the said
will be and is admitted to Probate as duly proved as
the last Will and testament of the said Rev. Evan Evans
deceased and that it be seconded as such
B.C. Waters
Probate Judge
(A)
(Copy of the Will)
In the name of the Benevolent Father of All--
I Evan Evans of the Township of
Radnor State of Ohio do ^make and publish this my last
Will and Testament. I give and devise to my beloved wife
the house and land that is fence in and all the
other buildings on the said land together with all
the houshold goods, furniture, provision and other
goods and chattels which may be there at the time of
my decease during her natural life. also all the
notes in my possesion I give to my wife and she is
to divide all the above mentioned property among
the children as she thinks best. I appoint my wife
Executrix of this my last will and Testament.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this 19th day of Nov. A.D. 1858.
Evan Evans {seal}
Signed and acknowledged by Evan Evans as
his last will and Testament, in our presence; and
signed by us in his presence.
Abraham Loyd
G.H. Black
State of Ohio }
Delaware County } ss
In the matter of the last will
and Testament of Evan Evans late of Radnor decd
I, Abraham Loyd being duly sworn in open Court this
24th day of Nov. A.D. 1868 depose and say, that we this deponent
and Dr. G.H. Black were present at the Execution of the
[corresponds to page 59 of Delaware County Will Records Vol. 5 1869-1876]
59
Record of the Last Will of the Rev. Evan Evans
the making of said will hereunto attached marked
(a) and at the request of the deceased subscribed their
names to said will as witnesses in the presence of the decd
and of each other and that they saw the said Evan
Evans deceased sign and seal said will and heard
him acknowledge the same to be his last will and
testament. That the said Evan Evans deceased at the
time of making signing and sealing of said last
will and testament was of legal age and of sound
mind and memory and under no under restraint
whatsoever.
It is therefore considered and ordered that the said
will be and is admitted to Probate as duly proved as
the last Will and testament of the said Rev. Evan Evans
deceased and that it be seconded as such
B.C. Waters
Probate Judge
(A)
(Copy of the Will)
In the name of the Benevolent Father of All--
I Evan Evans of the Township of
Radnor State of Ohio do ^make and publish this my last
Will and Testament. I give and devise to my beloved wife
the house and land that is fence in and all the
other buildings on the said land together with all
the houshold goods, furniture, provision and other
goods and chattels which may be there at the time of
my decease during her natural life. also all the
notes in my possesion I give to my wife and she is
to divide all the above mentioned property among
the children as she thinks best. I appoint my wife
Executrix of this my last will and Testament.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand
and seal this 19th day of Nov. A.D. 1858.
Evan Evans {seal}
Signed and acknowledged by Evan Evans as
his last will and Testament, in our presence; and
signed by us in his presence.
Abraham Loyd
G.H. Black
State of Ohio }
Delaware County } ss
In the matter of the last will
and Testament of Evan Evans late of Radnor decd
I, Abraham Loyd being duly sworn in open Court this
24th day of Nov. A.D. 1868 depose and say, that we this deponent
and Dr. G.H. Black were present at the Execution of the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 93)
Description
[page 93]
[corresponds to page 60 of Delaware County Will Records Vol. 5 1869-1876]
60
Record of the last Will of the Rev. Evan Evans -
Last will and testament Evan Evans of Radnor
in this County 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 &
in his presence and in the presence of each other.
Abraham Lloyd {seal}
Sworn to and subscribed before in the Probate
Court this 24th day of Nov.
T.W. Powell
Probate Judge
Commissiion.
to take testimony of Witness to will -
State of Ohio }
Delaware County } ss
To Samuel M. Chapman greeting
Know ye, That we, in confidence of your prudence
and fidelity, have appointed you and by these presents
do give you full power and authority to examine and
take the deposition of Dr. G.H. Black late of Radnor in
this County subscribing witness to the last will and
testament of Rev. Evan Evans hereto annexed, late of
the County of Delaware in the State of Ohio, deceased
and therefore we command you, that at certain days &
places appointed by you, you cause the said G.H.
Black to be brought before you and then and there
examine him on oath or affirmation first taken before
you touching the due execution of said will of said Evan
Evans, and that you reduce such examination to writing and
return the same together with this commission and the will
of the said Evan Evans hereto annexed, closed up under
your seal into our said Probate Court with all con-
venient speed.
In Testimony whereof I, Thomas W. Powell
Judge of the said Court have hereunto set my hand
and affixed the seal of said Court at Delaware Ohio
this 23d day of July A.D. 1868
T.W. Powell
Probate Judge
[corresponds to page 60 of Delaware County Will Records Vol. 5 1869-1876]
60
Record of the last Will of the Rev. Evan Evans -
Last will and testament Evan Evans of Radnor
in this County 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 &
in his presence and in the presence of each other.
Abraham Lloyd {seal}
Sworn to and subscribed before in the Probate
Court this 24th day of Nov.
T.W. Powell
Probate Judge
Commissiion.
to take testimony of Witness to will -
State of Ohio }
Delaware County } ss
To Samuel M. Chapman greeting
Know ye, That we, in confidence of your prudence
and fidelity, have appointed you and by these presents
do give you full power and authority to examine and
take the deposition of Dr. G.H. Black late of Radnor in
this County subscribing witness to the last will and
testament of Rev. Evan Evans hereto annexed, late of
the County of Delaware in the State of Ohio, deceased
and therefore we command you, that at certain days &
places appointed by you, you cause the said G.H.
Black to be brought before you and then and there
examine him on oath or affirmation first taken before
you touching the due execution of said will of said Evan
Evans, and that you reduce such examination to writing and
return the same together with this commission and the will
of the said Evan Evans hereto annexed, closed up under
your seal into our said Probate Court with all con-
venient speed.
In Testimony whereof I, Thomas W. Powell
Judge of the said Court have hereunto set my hand
and affixed the seal of said Court at Delaware Ohio
this 23d day of July A.D. 1868
T.W. Powell
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 94)
Description
[page 94]
[corresponds to page 61 of Delaware County Will Records Vol. 5 1869-1876]
61
Record of the last Will of the Rev. Evan Evans
In the matter of the last Will and Testament of Evan
Evans, late of Delhi in Radnor Township Delaware County
deceased. I, Samuel W. Chapman the Commissioner appointed
and commissioned by the Judge of the Probate Court of
the County of Delaware, in the State of Ohio, to take the
testimony of Dr. G.H. Black the subscribing witness of
the last will and testament of Evan Evans of Radnor
Township deceased - late a resident of said County of
Delaware in the State of Ohio which commissiion and
the said will are annexed hereto, I do hereby certify that
in persuance of said Commission I caused the said
G.H. Black, said subscribing witness as aforesaid to
come personally before me, who 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, depose and say that the said
G.H Black was witness to the said Will together with
Abraham Lloyd at Radnor Township aforesaid at the date
of the Will to wit the 19th day of November 1858 which will
is now before him and hereto annexed, that they were
present at the making of the said will hereto attached
marked ("A") and at the request of the deceased, sub-
scribed then names to said Will as witnesses in the
presence of the deceased and of each other; that they
saw the said Evan Evans, deceased sign and seal
said Will and heard him acknowledge the same to
be his last Will and Testament; that the said Evan
Evans 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 whatsoever.
G.H. Black
I Samuel M. Chapman commissioner named
in the annexed commissiion do further testify that
the said testimony was given in my presence & read in
the prersence of said witness and subscribed by said
witness in my presence on this 29th day of July A.D. 1868
In Testimony whereof I have hereunto set my hand
and seal notarial Platsmouth City Nebraska this 29th
day of July A.D. 1868 -
Samuel M. Chapman
Commissioner
[corresponds to page 61 of Delaware County Will Records Vol. 5 1869-1876]
61
Record of the last Will of the Rev. Evan Evans
In the matter of the last Will and Testament of Evan
Evans, late of Delhi in Radnor Township Delaware County
deceased. I, Samuel W. Chapman the Commissioner appointed
and commissioned by the Judge of the Probate Court of
the County of Delaware, in the State of Ohio, to take the
testimony of Dr. G.H. Black the subscribing witness of
the last will and testament of Evan Evans of Radnor
Township deceased - late a resident of said County of
Delaware in the State of Ohio which commissiion and
the said will are annexed hereto, I do hereby certify that
in persuance of said Commission I caused the said
G.H. Black, said subscribing witness as aforesaid to
come personally before me, who 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, depose and say that the said
G.H Black was witness to the said Will together with
Abraham Lloyd at Radnor Township aforesaid at the date
of the Will to wit the 19th day of November 1858 which will
is now before him and hereto annexed, that they were
present at the making of the said will hereto attached
marked ("A") and at the request of the deceased, sub-
scribed then names to said Will as witnesses in the
presence of the deceased and of each other; that they
saw the said Evan Evans, deceased sign and seal
said Will and heard him acknowledge the same to
be his last Will and Testament; that the said Evan
Evans 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 whatsoever.
G.H. Black
I Samuel M. Chapman commissioner named
in the annexed commissiion do further testify that
the said testimony was given in my presence & read in
the prersence of said witness and subscribed by said
witness in my presence on this 29th day of July A.D. 1868
In Testimony whereof I have hereunto set my hand
and seal notarial Platsmouth City Nebraska this 29th
day of July A.D. 1868 -
Samuel M. Chapman
Commissioner
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 95)
Description
[page 95]
[corresponds to page 62 of Delaware County Will Records Vol. 5 1869-1876]
62
Record of the last Will of May J. Evans deceased.
Proceedings had before B.C. Waters Judge of the Probate
Court within an for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 26 day of AD 1870
The following is the order made in the Journal on
the said 26th day of April AD 1870 towit:
Will and estate of Mary J. Evans deceased --
This day the last Will and testament of Mary J. Evans was presented
for probate and record whereupon Evan B. Jones one of the subscribing
witnesses thereto came into Court and was 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 Benj
Williams the other subscribing witness thereto lives in Columbus Ohio
and this matter is continued in order to procure testimoney.
Afterward towit on the 2nd day of may A.D. 1870 a
commission was issued on the to John M. Pugh to take the
testimony of the said Benjamin Williams which was afterward
returned with the testimony thereto attached and the said Will is
therefore admitted to probate and record.
B.C. Waters
Probate Judge
The following is a copy of said will and proof thereof --
In the name of God, anew, I, Mary J. Evans Culier of Rev.
Evan Evans, being in perfect health of body and of perfect
mind and memory do make and ordain this my last will and
testament:
I do give and bequeath to my daughters Mary Ann
and Catherine Elizabeth the house and lots located in the village of
Del Ohio with all the goods, furniture, buildings and chattles belonging
thereto; also all notes, bonds, mortgages and monies which may be
held by me at the time of my decease, all the said property to
be divided equally between them under the direction of my Executors.
Furthermore I do constitute, make and ordain my sons
John G. Evans and Edward P. Evans take the execution of this
my last will and testament. and I do hereby utterly disallow
evoke and disarmed the and every other former Testaments, Wills
Legacies, Bequests and Executors by me in any way before named
willed and bequeathed: ratifying ^& confirming this and no other to be my
last will and Testament. in witness whereof I have hereunto set
my hand and seal this 11th day of September A.D. 1865.
Mary J. Evans {seal}
Signed, sealed, published, pronounced, and declared by the
said Mary Evans as her last Will and Testament in the presence
of us, who in her presence and in the presence of each other have
hereunto subscribed our names.
Beny Williams
Evan B. Jones
[corresponds to page 62 of Delaware County Will Records Vol. 5 1869-1876]
62
Record of the last Will of May J. Evans deceased.
Proceedings had before B.C. Waters Judge of the Probate
Court within an for the County of Delaware and State of
Ohio, at his office in the Town of Delaware on the 26 day of AD 1870
The following is the order made in the Journal on
the said 26th day of April AD 1870 towit:
Will and estate of Mary J. Evans deceased --
This day the last Will and testament of Mary J. Evans was presented
for probate and record whereupon Evan B. Jones one of the subscribing
witnesses thereto came into Court and was 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 Benj
Williams the other subscribing witness thereto lives in Columbus Ohio
and this matter is continued in order to procure testimoney.
Afterward towit on the 2nd day of may A.D. 1870 a
commission was issued on the to John M. Pugh to take the
testimony of the said Benjamin Williams which was afterward
returned with the testimony thereto attached and the said Will is
therefore admitted to probate and record.
B.C. Waters
Probate Judge
The following is a copy of said will and proof thereof --
In the name of God, anew, I, Mary J. Evans Culier of Rev.
Evan Evans, being in perfect health of body and of perfect
mind and memory do make and ordain this my last will and
testament:
I do give and bequeath to my daughters Mary Ann
and Catherine Elizabeth the house and lots located in the village of
Del Ohio with all the goods, furniture, buildings and chattles belonging
thereto; also all notes, bonds, mortgages and monies which may be
held by me at the time of my decease, all the said property to
be divided equally between them under the direction of my Executors.
Furthermore I do constitute, make and ordain my sons
John G. Evans and Edward P. Evans take the execution of this
my last will and testament. and I do hereby utterly disallow
evoke and disarmed the and every other former Testaments, Wills
Legacies, Bequests and Executors by me in any way before named
willed and bequeathed: ratifying ^& confirming this and no other to be my
last will and Testament. in witness whereof I have hereunto set
my hand and seal this 11th day of September A.D. 1865.
Mary J. Evans {seal}
Signed, sealed, published, pronounced, and declared by the
said Mary Evans as her last Will and Testament in the presence
of us, who in her presence and in the presence of each other have
hereunto subscribed our names.
Beny Williams
Evan B. Jones
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 96)
Description
[page 96]
[corresponds to page 63 of Delaware County Will Records Vol. 5 1869-1876]
63
Record of the last Will of Mary J. Evans, deceased.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Mary J. Evans, Late of Radnor Township, deceased.
I Evan B Jones being duly sworn in
open Court this 25th day of April A.D. 1870 depose and say that I was
present at the execution of the last Will and testament of Mary J. Evans
of Radnor Township Delaware County hereunto annexed bearing
date 11th day of April A.D. 1865: that I saw the said testator subscribe
said will and heard her publish and declare the same to be her last
Will and testament and that the said testator, at the time of executing
the same was of full age, and of sound mind and memory, and
not under any restraint, and that I signed the same as witness at
her request and in her presence and in the presence of Benj Williams
also a subscribing witness.
E.B. Jones.
Sworn to and subscribed before me, in the Probate Court this
25th day of April A.D. 1870.
B.C. Waters
Probate Judge
Commission.
The State of Ohio }
Delaware County ss }
Dr. John M. Pugh greeting:
Know ye that we in confidence of your prudence and
fidelity, have appointd you and by these presents do give you
full power and authority to examaning and take the deposition
of Benjamin Williams late of Radnor Township Delaware
County Ohio, subscribing witness to the last will and testament of Mary
J. Evans, hereunto annexed, late of the County of Delaware in the
State of Ohio deceased, and therefore we command you that
at certain days and places appointed by you. You cause the said
Benjmain Williams to be brought before you, and then and
there examined in an oath or affirmation first taken before you
touching the due execution of said will of the said Mary J Evans
and that you reduce such examination to writing, and taken
the same together with this commission and the will of the said
Mary J. Evans thereunto annexed. Closed up under your seal
into our ^said Probate Court with all convenient speed.
In testimony whereof I B.C. Waters Judge of the
said Court, at Delaware this 2nd day of May A.D. 1870.
B.C. Waters
Probate Judge.
The State of Ohio }
Delaware County ss }
I, Benj Williams being duly sworn in
open Court this 9th day of May A.D. 1870 depose and say
[corresponds to page 63 of Delaware County Will Records Vol. 5 1869-1876]
63
Record of the last Will of Mary J. Evans, deceased.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Mary J. Evans, Late of Radnor Township, deceased.
I Evan B Jones being duly sworn in
open Court this 25th day of April A.D. 1870 depose and say that I was
present at the execution of the last Will and testament of Mary J. Evans
of Radnor Township Delaware County hereunto annexed bearing
date 11th day of April A.D. 1865: that I saw the said testator subscribe
said will and heard her publish and declare the same to be her last
Will and testament and that the said testator, at the time of executing
the same was of full age, and of sound mind and memory, and
not under any restraint, and that I signed the same as witness at
her request and in her presence and in the presence of Benj Williams
also a subscribing witness.
E.B. Jones.
Sworn to and subscribed before me, in the Probate Court this
25th day of April A.D. 1870.
B.C. Waters
Probate Judge
Commission.
The State of Ohio }
Delaware County ss }
Dr. John M. Pugh greeting:
Know ye that we in confidence of your prudence and
fidelity, have appointd you and by these presents do give you
full power and authority to examaning and take the deposition
of Benjamin Williams late of Radnor Township Delaware
County Ohio, subscribing witness to the last will and testament of Mary
J. Evans, hereunto annexed, late of the County of Delaware in the
State of Ohio deceased, and therefore we command you that
at certain days and places appointed by you. You cause the said
Benjmain Williams to be brought before you, and then and
there examined in an oath or affirmation first taken before you
touching the due execution of said will of the said Mary J Evans
and that you reduce such examination to writing, and taken
the same together with this commission and the will of the said
Mary J. Evans thereunto annexed. Closed up under your seal
into our ^said Probate Court with all convenient speed.
In testimony whereof I B.C. Waters Judge of the
said Court, at Delaware this 2nd day of May A.D. 1870.
B.C. Waters
Probate Judge.
The State of Ohio }
Delaware County ss }
I, Benj Williams being duly sworn in
open Court this 9th day of May A.D. 1870 depose and say
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 97)
Description
[page 97]
[corresponds to page 64 of Delaware County Will Records Vol. 5 1869-1876]
64
Record of the last Will of Mary J. Evans deceased.
that I was present at the execution of the last Will and
Testament of Mary J. Evans deceased hereunto annexed.
That I saw Mary J. Evans said testatrix subscribe said will
and heard her publish and declare the same to be her last Will
and Testament: and that the said Mary J. Evans at the
time of executing said will 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 her request, and in her
presence and in the presence of Evan B. Jones.
Sworn to and subscribed in open Court the day and year
first above written. Benj Williams.
John M. Pugh
Probate Judge.
Record of the last Will of Lucy R. Andress deceased.
Proceedings had before B.C. Waters 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 7th day of May A.D. 1870.
The following order was made in the Journal on the
7th day of May A.D. 1870 towit:
This day the last will and testament of Lucy
R. Andress deceased was presented for probate and record whereupon
Walter T. Watson and William H Case the subscribing witnesses thereto
came into Court and being 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 was of full age and
of sound mind and memory and not under any restraint. It
is therefore considered and ordered that the said will be admitted
to probate and record as duly proved as the last will and
testament of Lucy R. Andress deceased. Also at the same
time came Samuel Stout executor as named in said will and
took out letters as Executor: letters issued.
B.C. Waters
Probate Judge
The following is a copy of said will and proof.
In the name of the Benevolent Father of All.
I Lucy R. Andress of the County of
Delaware and State of Ohio do make and publish this my
last Will and testament.
1st It is my will that my funeral expenses and all my
Just debts be fully paid.
[corresponds to page 64 of Delaware County Will Records Vol. 5 1869-1876]
64
Record of the last Will of Mary J. Evans deceased.
that I was present at the execution of the last Will and
Testament of Mary J. Evans deceased hereunto annexed.
That I saw Mary J. Evans said testatrix subscribe said will
and heard her publish and declare the same to be her last Will
and Testament: and that the said Mary J. Evans at the
time of executing said will 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 her request, and in her
presence and in the presence of Evan B. Jones.
Sworn to and subscribed in open Court the day and year
first above written. Benj Williams.
John M. Pugh
Probate Judge.
Record of the last Will of Lucy R. Andress deceased.
Proceedings had before B.C. Waters 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 7th day of May A.D. 1870.
The following order was made in the Journal on the
7th day of May A.D. 1870 towit:
This day the last will and testament of Lucy
R. Andress deceased was presented for probate and record whereupon
Walter T. Watson and William H Case the subscribing witnesses thereto
came into Court and being 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 was of full age and
of sound mind and memory and not under any restraint. It
is therefore considered and ordered that the said will be admitted
to probate and record as duly proved as the last will and
testament of Lucy R. Andress deceased. Also at the same
time came Samuel Stout executor as named in said will and
took out letters as Executor: letters issued.
B.C. Waters
Probate Judge
The following is a copy of said will and proof.
In the name of the Benevolent Father of All.
I Lucy R. Andress of the County of
Delaware and State of Ohio do make and publish this my
last Will and testament.
1st It is my will that my funeral expenses and all my
Just debts be fully paid.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 98)
Description
[page 98]
[corresponds to page 65 of Delaware County Will Records Vol. 5 1869-1876]
65
Record of the Last Will and Testament of Lucy R. Andress, decd
2d I give devise and bequeath to Samuel Stout the farm on
which we now reside situate in Concord and Liberty Townships
Delaware County Ohio, together will all the live stock, Horses
Cattle, Sheep, Hogs, Farming tools, Hay, Grain, Household goods and
all my property of every description real and personal signed, by
me, unto the said Samuel Stout his heirs and assigns forever.
3d I desire that the said Samuel Stout be appointed Executor that
no bond be required of him, and that no appraisement of
of my property be made.
4th I hereby revoke and annul 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 16th day of January A.D. 1868.
Luch R. Andress {seal}
Signed published and declared by the above named
Lucy R. Andress as her last Will and testament, in presence of
us, who at her request, and in the presence of each other have
signed as witnesses to the same.
{US Stamp} Walter T. Watson
{$3.00} William H. Case
The State of Ohio }
Delaware County ss }
In the matter of the last will and
testament of Lucy R. Andress deceased.
We Walter T. Watson and
William H. Case being duly sworn in open court this 7th
day of May A.D. 1870 depose and say that we were present
at the execution of the last will and testament of Lucy R. Andress
of Delaware County hereunto annexed bearing date 16th day
of January A.D. 1868; that we saw 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 said will was of full age and of sound mind
and memory and under no restraint, and that we signed
the same as witnesses at her request, and in her presence and
in the presence of each other.
W.T. Watson
William H Case.
Sworn to and subscribed before me, in the Probate Court
this 7th day of May A.D. 1870.
B.C. Waters
Probate Judge.
[corresponds to page 65 of Delaware County Will Records Vol. 5 1869-1876]
65
Record of the Last Will and Testament of Lucy R. Andress, decd
2d I give devise and bequeath to Samuel Stout the farm on
which we now reside situate in Concord and Liberty Townships
Delaware County Ohio, together will all the live stock, Horses
Cattle, Sheep, Hogs, Farming tools, Hay, Grain, Household goods and
all my property of every description real and personal signed, by
me, unto the said Samuel Stout his heirs and assigns forever.
3d I desire that the said Samuel Stout be appointed Executor that
no bond be required of him, and that no appraisement of
of my property be made.
4th I hereby revoke and annul 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 16th day of January A.D. 1868.
Luch R. Andress {seal}
Signed published and declared by the above named
Lucy R. Andress as her last Will and testament, in presence of
us, who at her request, and in the presence of each other have
signed as witnesses to the same.
{US Stamp} Walter T. Watson
{$3.00} William H. Case
The State of Ohio }
Delaware County ss }
In the matter of the last will and
testament of Lucy R. Andress deceased.
We Walter T. Watson and
William H. Case being duly sworn in open court this 7th
day of May A.D. 1870 depose and say that we were present
at the execution of the last will and testament of Lucy R. Andress
of Delaware County hereunto annexed bearing date 16th day
of January A.D. 1868; that we saw 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 said will was of full age and of sound mind
and memory and under no restraint, and that we signed
the same as witnesses at her request, and in her presence and
in the presence of each other.
W.T. Watson
William H Case.
Sworn to and subscribed before me, in the Probate Court
this 7th day of May A.D. 1870.
B.C. Waters
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 99)
Description
[page 99]
[corresponds to page 66 of Delaware County Will Records Vol. 5 1869-1876]
66
Record of the Last Will of John Bebb deceased .
Proceedings had before B.C. Waters Judge in and for the
County of Delaware State of Ohio on the 12th day of May
A.D. 1870 at his office in the Court House in the Town of Delaware
The following is the order made in the Journal on the
12th day of May A.D. 1870.
Will and estate of John Bebb deceased.
This day the last will and testaments of John Bebb deceased late
of Delaware County was presented to the Court for probate and
record. Thereupon John B. Jones and William Watkins the sub-
scribing witnesses thereto 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 said
will was duly executed and attested and that the testator John Bebb
was at the time of executing said will was of full age and sound
memory and not under any restraint.
It is therefore considered and ordered that the said will be
admitted to probate as duly proved as the last will and testament
of John Bebb deceased and be recorded as such. Letters testamentary
issued to Watkins named in the will bond give and accepted and
John B. Jones, William Watkins and David G. Edwards were appointed
as appraisers.
B.C. Waters
Probate Judge
(the Will)
In the name of the Benevolent Father of All.
John Bebb of Delhi Radnor Township
Delaware County Ohio do make and publish this my last will and
testament.
Item 1st All my just debts and funeral expenses to be paid first.
Item 2d My wish is that after my death all my property be equally
divided between viz: John, Mary, Thomas Cowdale and Jane Maine
and John Watkins Columbus Ohio.
Item 3d I do hereby nominate and appoint said John Watkins
executor of this my last Will and testament.
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand and seal this
30th day of March A.D. 1870. his
John x Bebb {seal}
mark
Signed and acknowledge by said John Bebb as his last
will and testament in our presence and signed by us in his presence.
John B. Jones.
William Watkins.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of John Bebb of Radnor Township deceased
We John B. Jones and William Watkins being
[corresponds to page 66 of Delaware County Will Records Vol. 5 1869-1876]
66
Record of the Last Will of John Bebb deceased .
Proceedings had before B.C. Waters Judge in and for the
County of Delaware State of Ohio on the 12th day of May
A.D. 1870 at his office in the Court House in the Town of Delaware
The following is the order made in the Journal on the
12th day of May A.D. 1870.
Will and estate of John Bebb deceased.
This day the last will and testaments of John Bebb deceased late
of Delaware County was presented to the Court for probate and
record. Thereupon John B. Jones and William Watkins the sub-
scribing witnesses thereto 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 said
will was duly executed and attested and that the testator John Bebb
was at the time of executing said will was of full age and sound
memory and not under any restraint.
It is therefore considered and ordered that the said will be
admitted to probate as duly proved as the last will and testament
of John Bebb deceased and be recorded as such. Letters testamentary
issued to Watkins named in the will bond give and accepted and
John B. Jones, William Watkins and David G. Edwards were appointed
as appraisers.
B.C. Waters
Probate Judge
(the Will)
In the name of the Benevolent Father of All.
John Bebb of Delhi Radnor Township
Delaware County Ohio do make and publish this my last will and
testament.
Item 1st All my just debts and funeral expenses to be paid first.
Item 2d My wish is that after my death all my property be equally
divided between viz: John, Mary, Thomas Cowdale and Jane Maine
and John Watkins Columbus Ohio.
Item 3d I do hereby nominate and appoint said John Watkins
executor of this my last Will and testament.
I do hereby revoke all former wills by me made
In testimony hereof I have hereunto set my hand and seal this
30th day of March A.D. 1870. his
John x Bebb {seal}
mark
Signed and acknowledge by said John Bebb as his last
will and testament in our presence and signed by us in his presence.
John B. Jones.
William Watkins.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of John Bebb of Radnor Township deceased
We John B. Jones and William Watkins being
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 100)
Description
[page 100]
[corresponds to page 67 of Delaware County Will Records Vol. 5 1869-1876]
67
Record of the Last Will of John Bebb deceased --
duly sworn in open Court this 12th day of May A.D. 1870, depose and
say that we were present at the execution of the last will and testament
of John Bebb of Radnor Township Delaware County hereunto annexed
bearing date 30th day of March A.D. 1870; that we said 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.
John B. Jones
William Watkins
Sworn to and subscribed before me, in the Probate Court, this 12th
day of May.
B.C. Waters
Probate Judge
Record of the Last Will of Thomas Jones deceased
Proceedings had before the Hon B.C. Waters Judge
of the Probate Court in and for the County of Delaware Ohio
State of Ohio on the 24th day of April AD 1870 at his office in the
Court House in the Town of Delaware
The following is the order made in the Journal
on the 14th day of April 1870.
Will and estate of Thomas Jones deceased.
This day the will of Thos Jones late of Oxford Township was presented
for probate and record - will dated Aug 15th AD. 1864 and witnessed
by J.M. Carnes and Erasmus D. Comer it appearing that the said
Erasmus D. Comer at New haven Allen County Indiana the said
will was copied and placed on file and the original was sent in a
Commission to Allen H. Dougal Notary Public at New Haven Allan
County Indiana to take and report the testimony and deposition of
of the said Erasmus D. Comer as witness of to the said will
and this matter
is continued to a [illegible] the return of said commission on the 24th day
of May the said commission was returned with the testimony attached
thereto Thereupon the said will is admitted to probate and record as
duly proved. B.C. Waters
Probate Judge.
The Will and testimony thereto.
In the name of the Benevolent Father of All. I Thomas Jones
of Ashley Delaware County Ohio do make and publish this
my last will and testament.
First - it is my will that my just debts and all charges be
paid out of my estate.
Second - I give and devise all the residue of estate to Elizabeth
C. Jones, my wife, to be to her, and to her disposal, except $500 to
my son James W. Jones.
Third - I make and appoint the said Elizabeth C. Jones executrix -
[corresponds to page 67 of Delaware County Will Records Vol. 5 1869-1876]
67
Record of the Last Will of John Bebb deceased --
duly sworn in open Court this 12th day of May A.D. 1870, depose and
say that we were present at the execution of the last will and testament
of John Bebb of Radnor Township Delaware County hereunto annexed
bearing date 30th day of March A.D. 1870; that we said 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.
John B. Jones
William Watkins
Sworn to and subscribed before me, in the Probate Court, this 12th
day of May.
B.C. Waters
Probate Judge
Record of the Last Will of Thomas Jones deceased
Proceedings had before the Hon B.C. Waters Judge
of the Probate Court in and for the County of Delaware Ohio
State of Ohio on the 24th day of April AD 1870 at his office in the
Court House in the Town of Delaware
The following is the order made in the Journal
on the 14th day of April 1870.
Will and estate of Thomas Jones deceased.
This day the will of Thos Jones late of Oxford Township was presented
for probate and record - will dated Aug 15th AD. 1864 and witnessed
by J.M. Carnes and Erasmus D. Comer it appearing that the said
Erasmus D. Comer at New haven Allen County Indiana the said
will was copied and placed on file and the original was sent in a
Commission to Allen H. Dougal Notary Public at New Haven Allan
County Indiana to take and report the testimony and deposition of
of the said Erasmus D. Comer as witness of to the said will
and this matter
is continued to a [illegible] the return of said commission on the 24th day
of May the said commission was returned with the testimony attached
thereto Thereupon the said will is admitted to probate and record as
duly proved. B.C. Waters
Probate Judge.
The Will and testimony thereto.
In the name of the Benevolent Father of All. I Thomas Jones
of Ashley Delaware County Ohio do make and publish this
my last will and testament.
First - it is my will that my just debts and all charges be
paid out of my estate.
Second - I give and devise all the residue of estate to Elizabeth
C. Jones, my wife, to be to her, and to her disposal, except $500 to
my son James W. Jones.
Third - I make and appoint the said Elizabeth C. Jones executrix -
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 101)
Description
[page 101]
[corresponds to page 68 of Delaware County Will Records Vol. 5 1869-1876]
68
Record of the Last Will of Thos Jones decd
of this my last will and testament.
In testimony whereof I have hereunto set my
hand and seal this 15th day of August AD 1864.
Thomas Jones {seal}
Signed and acknowledged by said Thomas Jones as his last will and
testament in our presence and signed by us in his presence.
Erasmus D. Cormer
J.M. Cormer
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Thomas Jones of Oxford Township deceased, I J M. Cormer
being duly sworn in open Court this 14th day of April AD 1870
depose and say that I was present at the execution of the last will
and testament of Thomas Jones of Oxford Township Delaware County
hereunto annexed, bearing date 15th day of August AD 1870 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 a witness at his request and in his presence
and in the presence of Erasmus D Cormer.
J. Cormer
Sworn to and subscribed before me, in the Probate Court, this 14th
day of April AD. 1870. B.C. Waters
Probate Judge.
Commission to take testimony of witness to will
The State of Ohio }
Delaware County ss }
To Allen H. Dougal
Greeting:
Know ye, That we in confidence of your prudence and fidelity
have appointed you and by these presents do give you full power
and authority to examine and take the deposition of Erasmus D. Cormer
late of Oxford Township Delaware County Ohio subscribing witness to
the last will and testament of Thomas Jones hereunto annexed, late
of the County of Delaware, in the State of Ohio, deceased, and
therefore we command you that at certain days and places appointed
by you, you cause the said Erasmus D Cormer, to brought before
you and then and there to examine him on oath or affirmation first
taken before you touching the due execution of said will of
the said Thomas Jones, and that you reduce such examination to
writing and return the same together with this commission, and the
Will of said Thomas Jones thereto annexed, closed up under your seal
into our said Probate Court with all convenient space.
In testimony whereof I B C Waters Judge of the said
Court, have hereunto set my hand and affixed the seal of said
Court at Delaware this 13th day of May AD. 1870 -- B C Waters
Probate Judge
[corresponds to page 68 of Delaware County Will Records Vol. 5 1869-1876]
68
Record of the Last Will of Thos Jones decd
of this my last will and testament.
In testimony whereof I have hereunto set my
hand and seal this 15th day of August AD 1864.
Thomas Jones {seal}
Signed and acknowledged by said Thomas Jones as his last will and
testament in our presence and signed by us in his presence.
Erasmus D. Cormer
J.M. Cormer
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Thomas Jones of Oxford Township deceased, I J M. Cormer
being duly sworn in open Court this 14th day of April AD 1870
depose and say that I was present at the execution of the last will
and testament of Thomas Jones of Oxford Township Delaware County
hereunto annexed, bearing date 15th day of August AD 1870 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 a witness at his request and in his presence
and in the presence of Erasmus D Cormer.
J. Cormer
Sworn to and subscribed before me, in the Probate Court, this 14th
day of April AD. 1870. B.C. Waters
Probate Judge.
Commission to take testimony of witness to will
The State of Ohio }
Delaware County ss }
To Allen H. Dougal
Greeting:
Know ye, That we in confidence of your prudence and fidelity
have appointed you and by these presents do give you full power
and authority to examine and take the deposition of Erasmus D. Cormer
late of Oxford Township Delaware County Ohio subscribing witness to
the last will and testament of Thomas Jones hereunto annexed, late
of the County of Delaware, in the State of Ohio, deceased, and
therefore we command you that at certain days and places appointed
by you, you cause the said Erasmus D Cormer, to brought before
you and then and there to examine him on oath or affirmation first
taken before you touching the due execution of said will of
the said Thomas Jones, and that you reduce such examination to
writing and return the same together with this commission, and the
Will of said Thomas Jones thereto annexed, closed up under your seal
into our said Probate Court with all convenient space.
In testimony whereof I B C Waters Judge of the said
Court, have hereunto set my hand and affixed the seal of said
Court at Delaware this 13th day of May AD. 1870 -- B C Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 102)
Description
[page 102]
[corresponds to page 69 of Delaware County Will Records Vol. 5 1869-1876]
69
Record of the Last Will of Thomas Jones deceased.
Testimony of witness to will
In the matter of the Last Will and Testament
of Thomas Jones deceased:
I Allen H Dougall duly appointed and com-
missioned by the Judge of the Probate Court of the County of Delaware
in the State of Ohio to take the testimony of Erasmus D. Cormer late of Oxford
Township Delware County, the subscribing witness of the last will
and Testament of Thomas Jones decease; late a resident of said
County of Delaware in the State of Ohio, which commission and the
said Will are hereunto annexed. I do hereby certify that in pursuance
of said Commission I caused the said Erasmus D. Cormer, said
subscribing witness as aforesaid, to come personally before me
at my office in the Town of New Haven, Allen County, and State of Indiana
who 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, depose and say, that on the 15th day of
August AD 1864 in Ashley Oxford Township, Delaware County State
of Ohio, that he was present at the making of said will hereunto attached marked
"A" and at the request of the deceased subscribed his name to said will as
witness in the presence of deceased and in the presence of the other witness
that saw the said Thomas Jones deceased sign and seal said will
and heard him acknowledge the same to be his last will and testament;
that the said Thomas Jones deceased was at the time of making, signing and
sealing said rider will and testament, of legal age and of sound
mind and memory, and under no undue or unlawful restraint
whatsoever. Erasmus D. Cormer.
I Allen H Dougall do further testify that the said testimony
was reduced to writing by myself at my office in the town of New Haven
Allen County Indiana, in the presence of said witness, and subscribed by
said witness in my presence, on the Eighteenth day of May AD 1870.
In testimony whereof I have hereunto affixed my Notorial seal
and set my hand this 18th day of May AD 1870.
Allen H. Dougall
Commission and Notary Public.
_________________________________________________________________________
Record of the Last Will of Chas. C. Janes deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
in and for the County of Delaware and State of Ohio at his
office in the Town of Delaware and in the Court House on the 19th
day of May AD 1870
The following is the order made with Journal on
the 19th day of May AD 1870, towit:
This day the last will and testament of Charles C Janes was presented for
probate and record. Whereupon Joel Cleveland and Vinal Steward
the subscribing witnesses thereto came in and were duly sworn and
fully examined and their testimony reduced to writing and
annexed to the Will and filed therewith. And it appearing to the
[corresponds to page 69 of Delaware County Will Records Vol. 5 1869-1876]
69
Record of the Last Will of Thomas Jones deceased.
Testimony of witness to will
In the matter of the Last Will and Testament
of Thomas Jones deceased:
I Allen H Dougall duly appointed and com-
missioned by the Judge of the Probate Court of the County of Delaware
in the State of Ohio to take the testimony of Erasmus D. Cormer late of Oxford
Township Delware County, the subscribing witness of the last will
and Testament of Thomas Jones decease; late a resident of said
County of Delaware in the State of Ohio, which commission and the
said Will are hereunto annexed. I do hereby certify that in pursuance
of said Commission I caused the said Erasmus D. Cormer, said
subscribing witness as aforesaid, to come personally before me
at my office in the Town of New Haven, Allen County, and State of Indiana
who 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, depose and say, that on the 15th day of
August AD 1864 in Ashley Oxford Township, Delaware County State
of Ohio, that he was present at the making of said will hereunto attached marked
"A" and at the request of the deceased subscribed his name to said will as
witness in the presence of deceased and in the presence of the other witness
that saw the said Thomas Jones deceased sign and seal said will
and heard him acknowledge the same to be his last will and testament;
that the said Thomas Jones deceased was at the time of making, signing and
sealing said rider will and testament, of legal age and of sound
mind and memory, and under no undue or unlawful restraint
whatsoever. Erasmus D. Cormer.
I Allen H Dougall do further testify that the said testimony
was reduced to writing by myself at my office in the town of New Haven
Allen County Indiana, in the presence of said witness, and subscribed by
said witness in my presence, on the Eighteenth day of May AD 1870.
In testimony whereof I have hereunto affixed my Notorial seal
and set my hand this 18th day of May AD 1870.
Allen H. Dougall
Commission and Notary Public.
_________________________________________________________________________
Record of the Last Will of Chas. C. Janes deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
in and for the County of Delaware and State of Ohio at his
office in the Town of Delaware and in the Court House on the 19th
day of May AD 1870
The following is the order made with Journal on
the 19th day of May AD 1870, towit:
This day the last will and testament of Charles C Janes was presented for
probate and record. Whereupon Joel Cleveland and Vinal Steward
the subscribing witnesses thereto came in and were duly sworn and
fully examined and their testimony reduced to writing and
annexed to the Will and filed therewith. And it appearing to the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 103)
Description
[page 103]
[corresponds to page 70 of Delaware County Will Records Vol. 5 1869-1876]
70
Record of the Last Will of Charles C. Janes decd
Court that said will was duly executed and attested and that
the said testator Charles C. Janes at the time of executing said will was
of full age and of sound mind and memory and not under
any restraint; it is therefore considered and ordered that the said will
be admitted to probate as duly proved as the last will and testament
of Charles C. Janes deceased and be recorded as such.
B.C. Waters
Probate Judge
The following is a record of the will and proof thereof as follows towit:
In the name of the Benevolent Father of all, I, Charles C.
Janes do make and publish this my last will and testament,
Item 1st I give and bequeath to my beloved wife all my property
both real and personal that shall belong to my estate after the
settlement of all my affairs and payment of all lawful debts and
claims against me.
Item 2nd I do hereby nominate and appoint Lizzie J Janes my wife
executrix of this my last will and testament hereby authorizing and
empowering her to compromise and adjust, release and discharge
in such a manner as she may deem proper the debts and claims due me
I do also authorize and empower her to sell any or all the property be
longing my estate as she may think proper.
In testimony hereof I have hereunto set my hand and seal this 3d
day of February AD 1870. C.C. Janes
Signed and acknowledged by said Charles C. Janes as his last
will and testament in our presence and signed by us in his presence.
Joel Cleveland
Vinal Steward
The State of Ohio }
Delaware County ss }
In the matter of the ^last will and testament of CC
James deceased
We Joel Cleveland and Vinal Steward being duly
sworn in open Court this 19th day of May AD 1870, depose and and
say that we were present at the execution of the last will and tes-
tament of Chas. C. Janes of Berlin Township Delaware County hereunto
annexed, bearing date 3d day of February 1870. 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. Joel Cleveland
Vinal Steward
Sworn to and subscribed before me, in the Probate Court this
19th day of May AD 1870.
B.C. Waters
Probate Judge.
[corresponds to page 70 of Delaware County Will Records Vol. 5 1869-1876]
70
Record of the Last Will of Charles C. Janes decd
Court that said will was duly executed and attested and that
the said testator Charles C. Janes at the time of executing said will was
of full age and of sound mind and memory and not under
any restraint; it is therefore considered and ordered that the said will
be admitted to probate as duly proved as the last will and testament
of Charles C. Janes deceased and be recorded as such.
B.C. Waters
Probate Judge
The following is a record of the will and proof thereof as follows towit:
In the name of the Benevolent Father of all, I, Charles C.
Janes do make and publish this my last will and testament,
Item 1st I give and bequeath to my beloved wife all my property
both real and personal that shall belong to my estate after the
settlement of all my affairs and payment of all lawful debts and
claims against me.
Item 2nd I do hereby nominate and appoint Lizzie J Janes my wife
executrix of this my last will and testament hereby authorizing and
empowering her to compromise and adjust, release and discharge
in such a manner as she may deem proper the debts and claims due me
I do also authorize and empower her to sell any or all the property be
longing my estate as she may think proper.
In testimony hereof I have hereunto set my hand and seal this 3d
day of February AD 1870. C.C. Janes
Signed and acknowledged by said Charles C. Janes as his last
will and testament in our presence and signed by us in his presence.
Joel Cleveland
Vinal Steward
The State of Ohio }
Delaware County ss }
In the matter of the ^last will and testament of CC
James deceased
We Joel Cleveland and Vinal Steward being duly
sworn in open Court this 19th day of May AD 1870, depose and and
say that we were present at the execution of the last will and tes-
tament of Chas. C. Janes of Berlin Township Delaware County hereunto
annexed, bearing date 3d day of February 1870. 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. Joel Cleveland
Vinal Steward
Sworn to and subscribed before me, in the Probate Court this
19th day of May AD 1870.
B.C. Waters
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 104)
Description
[page 104]
[corresponds to page 71 of Delaware County Will Records Vol. 5 1869-1876]
71
Record of the Last Will of James H. Gaston deceased
Proceedings had before the Hon. B.C. Waters Judge of the Probate
Court in and for the County of Delaware and the State of Ohio at
his office in the Court House in Delaware on the 19th day of May
AD 1870.
The following order was made in the Journal as follows to wit
on the 19th day of May AD 1870.
This day the last will and testament of James H. Gaston deceased
was presented for record and probate whereupon Jacob Sheets and
W H Maxwell the subscribing witness thereto came into Court and being
duly sworn were fully examined and their testimony reduced to writing
and annexed to the will and filed therewith and it appearing to the
Court that said Will was duly executed and attested and that at
the time of executing said will ^said testator was of full age and of sound
mind and memory and not under any restraint; it is therefore con-
sidered and ordered that the said will be admitted to probate as
duly proved as the last will and testament of James H. Gaston
deceased and be recorded as such.
B C Waters
Probate Judge.
The following is a copy of the Will and testimony thereof towit:
In the name of the Hold Father of all Amen: I James
H. Gaston of the County of Delaware and State of Ohio do make
and publish this my last Will and testament in manner and form
following:
First. It is my will that my funeral expenses be paid out
of my moneys that may be on hand at the time of my decease.
Second. I give and bequeath to my beloved wife Mary E. Gaston
my personal property and also my real estate as follows: consisting
of the Homestead on which I now reside: also fifty three acres of Lot 14 Section
2 Township 5 Range 17 and the undivided one third of lot no 9
Section 1 Township 5 Range 17 to be hers her heirs and assigns
forever, and the said Mary E. Gaston and the said Mary E Gaston
shall be liable and held responsible for all debts contracts and
agreements which I shall leave unsettled and also that she be
made responsible for the maintanance and education of my
infant son Everet M. Gaston.
In testimony whereof I have hereunto set
my hand and seal this 20th day of July A.D. 1869
J. H. Gaston {Seal}
signed published and declared by the above named
James H. Gaston as his last Will and testament in presence
of us who at his request have signed as witnesses to the same
J. Sheets
W. H. Maxwell
[corresponds to page 71 of Delaware County Will Records Vol. 5 1869-1876]
71
Record of the Last Will of James H. Gaston deceased
Proceedings had before the Hon. B.C. Waters Judge of the Probate
Court in and for the County of Delaware and the State of Ohio at
his office in the Court House in Delaware on the 19th day of May
AD 1870.
The following order was made in the Journal as follows to wit
on the 19th day of May AD 1870.
This day the last will and testament of James H. Gaston deceased
was presented for record and probate whereupon Jacob Sheets and
W H Maxwell the subscribing witness thereto came into Court and being
duly sworn were fully examined and their testimony reduced to writing
and annexed to the will and filed therewith and it appearing to the
Court that said Will was duly executed and attested and that at
the time of executing said will ^said testator was of full age and of sound
mind and memory and not under any restraint; it is therefore con-
sidered and ordered that the said will be admitted to probate as
duly proved as the last will and testament of James H. Gaston
deceased and be recorded as such.
B C Waters
Probate Judge.
The following is a copy of the Will and testimony thereof towit:
In the name of the Hold Father of all Amen: I James
H. Gaston of the County of Delaware and State of Ohio do make
and publish this my last Will and testament in manner and form
following:
First. It is my will that my funeral expenses be paid out
of my moneys that may be on hand at the time of my decease.
Second. I give and bequeath to my beloved wife Mary E. Gaston
my personal property and also my real estate as follows: consisting
of the Homestead on which I now reside: also fifty three acres of Lot 14 Section
2 Township 5 Range 17 and the undivided one third of lot no 9
Section 1 Township 5 Range 17 to be hers her heirs and assigns
forever, and the said Mary E. Gaston and the said Mary E Gaston
shall be liable and held responsible for all debts contracts and
agreements which I shall leave unsettled and also that she be
made responsible for the maintanance and education of my
infant son Everet M. Gaston.
In testimony whereof I have hereunto set
my hand and seal this 20th day of July A.D. 1869
J. H. Gaston {Seal}
signed published and declared by the above named
James H. Gaston as his last Will and testament in presence
of us who at his request have signed as witnesses to the same
J. Sheets
W. H. Maxwell
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 105)
Description
[page 105]
[corresponds to labeled page 72 of Will Records Vol. 5 1869-1876]
72
Record of the Last Will of James H. Gaston dec'd
The State of Ohio
Delaware County SS
In the matter of the last will and testament
of James H. Gaston of Kingston Township Delaware County
deceased
We Jacob Sheets and W. H. Maxwell being duly
sworn in open Court this 19th day of May A.D. 1870 depose and
say that we were present at the execution of the last will and
testament of James H. Gaston of Kingston Township Delaware
County hereunto annexed, bearing date 20th day of July 1869;
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will and testament
and that the said testator at the time of executing the same was
of full age and of sound mind and memory and under
not 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. Sheets
W. H. Maxwell
Sworn to and subscribed before me in the Probate Court, this 19th
day of May A.D. 1870 B C Waters
Probate Judge
________________________________________________
Record of the Last Will of Joseph Potter deceased.
Proceedings had before the Hon B C Waters Judge of the Probate
Court in and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 27th day of May A.D.
1870.
And afterward on the 27th day of May A.D. 1870 an order was made
in the Journal as follows to wit:
This day the last will and testament of Joseph Potter deceased was
presented for probate and record Whereupon Josiah Lott and Nelson
Taylor the subscribing witnesses then came 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 Joseph
Potter at the time of executing said will was of full age and of sound
mind and memory and not under any restraint, it is therefore considered
and ordered that the said will be admitted to probate and record as
the last will and testament of the said Joseph Potter and be recorded as
such. Thereupon Nelson Taylor executor named in the will gave bond
in the sum of $3000 with Josiah Lott and Tho Jaynes as his sureties,
bond accepted and letters issued
B C Waters
Probate Judge.
[corresponds to labeled page 72 of Will Records Vol. 5 1869-1876]
72
Record of the Last Will of James H. Gaston dec'd
The State of Ohio
Delaware County SS
In the matter of the last will and testament
of James H. Gaston of Kingston Township Delaware County
deceased
We Jacob Sheets and W. H. Maxwell being duly
sworn in open Court this 19th day of May A.D. 1870 depose and
say that we were present at the execution of the last will and
testament of James H. Gaston of Kingston Township Delaware
County hereunto annexed, bearing date 20th day of July 1869;
that we saw the said testator subscribe said will and heard
him publish and declare the same to be his last will and testament
and that the said testator at the time of executing the same was
of full age and of sound mind and memory and under
not 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. Sheets
W. H. Maxwell
Sworn to and subscribed before me in the Probate Court, this 19th
day of May A.D. 1870 B C Waters
Probate Judge
________________________________________________
Record of the Last Will of Joseph Potter deceased.
Proceedings had before the Hon B C Waters Judge of the Probate
Court in and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 27th day of May A.D.
1870.
And afterward on the 27th day of May A.D. 1870 an order was made
in the Journal as follows to wit:
This day the last will and testament of Joseph Potter deceased was
presented for probate and record Whereupon Josiah Lott and Nelson
Taylor the subscribing witnesses then came 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 Joseph
Potter at the time of executing said will was of full age and of sound
mind and memory and not under any restraint, it is therefore considered
and ordered that the said will be admitted to probate and record as
the last will and testament of the said Joseph Potter and be recorded as
such. Thereupon Nelson Taylor executor named in the will gave bond
in the sum of $3000 with Josiah Lott and Tho Jaynes as his sureties,
bond accepted and letters issued
B C Waters
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 106)
Description
[page 106]
[corresponds to labeled page 73 of Will Records Vol. 5 1869-1876]
73
Record of the Last Will of Joseph Potter deceased -
The following is a record of said will to wit:
In the name of God the Benevolent Father of All. I, Joseph
Potter of the County of Delaware and State of Ohio do make and publish this
my last will and testament.
Item 1st I will that my funeral expenses and all my debts be paid out of
my effects and property.
Item 2nd I give and bequeath to the American Board of Foreign Missions
instituted in the City of New York the sum of one thousand dollars to be
applied to the charitable use and purpose of said Board.
Item 3rd I give and bequeath to my daughter Zerua P. Jaynes one lot
of land known as the Maxwell lot of land lying in Kingston Township
Delaware County and State of Ohio to have and hold them her lifetime
and at the death of my daughter Zerua P. Jaynes that property above men-
tioned to go to her heirs.
Item 4th I give and bequeath to my daughter Zerua P. Jaynes
one half of a lot of land known as the Taylor lot of land lying in
Kingston Township Delaware County Ohio, to have and hold the same.
Item 5th - I give and bequeath to my daughter Ann P. Scott the
balance of my lands now owned by me all in Kingston Township
Delaware County and State of Ohio.
Item 6th - It is my will that my stock and my farming utensils
shall be sold without apraisement by the executor hereafter mentioned
and the proceeds thereof after paying my debts aforesaid with necesssary
costs and expenses to be equally divided between my said daughters.
Item 7th - If there is not sufficient personal property to pay my
debts it is my will that the farm be rented till they are paid.
Item 8th - I do hereby nominate Nelson Taylor to be my Executor of this
my last will and testament.
In testimony whereof I do hereunto set my hand and seal this
5th day of July A.D. 1869.
Joseph Potter {Seal}
Signed sealed and acknowledged by said Joseph Potter as his
last will and testament in our presence and signed by us in his presence.
Josiah Lott
Nelson Taylor
The State of Ohio }
Delaware County SS} In the matter of the last will and testament of Joseph
Potter of Kingston Township deceased - We Josiah Lott and Nelson
Taylor being duly sworn in open Court this 27th day of May AD 1870 depose and
say that we were present at the execution of the last will and testament of
Joseph Potter of Kingston Township Delaware County hereunto annexed bearing
date 5th day of July AD 1869 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 said will was of full age and of sound
mind and memory and not under any restraint and that we signed the same
as witnesses at his request and in his presence and in the presence
[corresponds to labeled page 73 of Will Records Vol. 5 1869-1876]
73
Record of the Last Will of Joseph Potter deceased -
The following is a record of said will to wit:
In the name of God the Benevolent Father of All. I, Joseph
Potter of the County of Delaware and State of Ohio do make and publish this
my last will and testament.
Item 1st I will that my funeral expenses and all my debts be paid out of
my effects and property.
Item 2nd I give and bequeath to the American Board of Foreign Missions
instituted in the City of New York the sum of one thousand dollars to be
applied to the charitable use and purpose of said Board.
Item 3rd I give and bequeath to my daughter Zerua P. Jaynes one lot
of land known as the Maxwell lot of land lying in Kingston Township
Delaware County and State of Ohio to have and hold them her lifetime
and at the death of my daughter Zerua P. Jaynes that property above men-
tioned to go to her heirs.
Item 4th I give and bequeath to my daughter Zerua P. Jaynes
one half of a lot of land known as the Taylor lot of land lying in
Kingston Township Delaware County Ohio, to have and hold the same.
Item 5th - I give and bequeath to my daughter Ann P. Scott the
balance of my lands now owned by me all in Kingston Township
Delaware County and State of Ohio.
Item 6th - It is my will that my stock and my farming utensils
shall be sold without apraisement by the executor hereafter mentioned
and the proceeds thereof after paying my debts aforesaid with necesssary
costs and expenses to be equally divided between my said daughters.
Item 7th - If there is not sufficient personal property to pay my
debts it is my will that the farm be rented till they are paid.
Item 8th - I do hereby nominate Nelson Taylor to be my Executor of this
my last will and testament.
In testimony whereof I do hereunto set my hand and seal this
5th day of July A.D. 1869.
Joseph Potter {Seal}
Signed sealed and acknowledged by said Joseph Potter as his
last will and testament in our presence and signed by us in his presence.
Josiah Lott
Nelson Taylor
The State of Ohio }
Delaware County SS} In the matter of the last will and testament of Joseph
Potter of Kingston Township deceased - We Josiah Lott and Nelson
Taylor being duly sworn in open Court this 27th day of May AD 1870 depose and
say that we were present at the execution of the last will and testament of
Joseph Potter of Kingston Township Delaware County hereunto annexed bearing
date 5th day of July AD 1869 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 said will was of full age and of sound
mind and memory and not under any restraint and that we signed the same
as witnesses at his request and in his presence and in the presence
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 107)
Description
[page 107]
[corresponds to labeled page 74 of Will Records Vol. 5 1869-1876]
74
Record of the Last Will of Joseph Potter deceased
of each other.
Josiah Lott
Nelson Taylor
Sworn to and subscribed before me on this 27th day of May AD
1870. B. C. Waters
Probate Judge
__________________________________________
Record of the Last Will of Marshall Black deceased
Proceedings had before the Hon B. C. Waters Judge of the Probate
Court in and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 28th day
of May AD 1870.
And thereupon afterward to wit the following order
was made in the Journal as follows to wit.
This day the last will and testament of Marshall Black was
presented for probate and record whereupon John W. Ladd and
Henry Waterfield subscribing witnesses thereto came into Court and
being duly sworn and fully examined and their testimony re-
duced 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 at the time of executing
said will of full age and of sound mind and memory and
not under any restraint it is therefore considered and ordered
that the said will be admitted to probate and record as duly
proved as the last will and testament of the said Marshall Black
deceased and be recorded as such.
B. C. Waters
Probate Judge
Copy of the Will and testimony thereof.
In the name of the Benevolent Father of All I Marshall
Black of the Township of Orange County of Delaware and
State of Ohio do make this my last will and testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower one half of the farm on which we now reside situate in
Orange Township Delaware County State of Ohio containing
about one hundred acres during her lifetime and all the
household goods and furnature which may be therein at the
time of my death. At the ^death of my said wife all my real estate
aforesaid I give and devise to my son Frank Black.
Item 2nd I give and bequeath to my son Frank Flack all
my real estate including the one half devised to my wife at my
decease, also all my stock farming tools and impliment and
all personal property not devised to my wife I give and bequeath
to my son Frank Black.
[corresponds to labeled page 74 of Will Records Vol. 5 1869-1876]
74
Record of the Last Will of Joseph Potter deceased
of each other.
Josiah Lott
Nelson Taylor
Sworn to and subscribed before me on this 27th day of May AD
1870. B. C. Waters
Probate Judge
__________________________________________
Record of the Last Will of Marshall Black deceased
Proceedings had before the Hon B. C. Waters Judge of the Probate
Court in and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 28th day
of May AD 1870.
And thereupon afterward to wit the following order
was made in the Journal as follows to wit.
This day the last will and testament of Marshall Black was
presented for probate and record whereupon John W. Ladd and
Henry Waterfield subscribing witnesses thereto came into Court and
being duly sworn and fully examined and their testimony re-
duced 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 at the time of executing
said will of full age and of sound mind and memory and
not under any restraint it is therefore considered and ordered
that the said will be admitted to probate and record as duly
proved as the last will and testament of the said Marshall Black
deceased and be recorded as such.
B. C. Waters
Probate Judge
Copy of the Will and testimony thereof.
In the name of the Benevolent Father of All I Marshall
Black of the Township of Orange County of Delaware and
State of Ohio do make this my last will and testament.
Item 1st I give and devise to my beloved wife in lieu of her
dower one half of the farm on which we now reside situate in
Orange Township Delaware County State of Ohio containing
about one hundred acres during her lifetime and all the
household goods and furnature which may be therein at the
time of my death. At the ^death of my said wife all my real estate
aforesaid I give and devise to my son Frank Black.
Item 2nd I give and bequeath to my son Frank Flack all
my real estate including the one half devised to my wife at my
decease, also all my stock farming tools and impliment and
all personal property not devised to my wife I give and bequeath
to my son Frank Black.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 108)
Description
[page 108]
[corresponds to labeled page 75 of Will Records Vol. 5 1869-1876]
75
Record of the Last Will of Marshall Black deceased
Item 3rd I give and bequeath to my beloved daughter Lydia Cutler
of the State of Iowa one hundred and seventy dollars.
Item 4th I give and bequeath to my beloved daughter Mary Ann
McLund for the use of the children two hundred dollars.
Item 5th I give and bequeath to my grandsons Marshall Smith
and George Smith sons of my daughter Melinda fifty dollars
each.
Item 6th I give and bequeath to my beloved daughter Samantha
Parker one hundred dollars.
Item 7th I give and bequeath to my grandson John Parker
son of my daughter Miriam Parker one hundred dollars.
Item 8th I give and bequeath to my beloved daughter Jane
Parker two hundred dollars.
Item 9th I give and bequeath to my beloved daughter Evaline
Scott two hundred dollars.
Item 10th I do hereby will and devise that the several sums
devised and bequeathed to my said children and grand
children shall be paid by my son Frank Black at any time
within five years after my death said several sums not
to draw interest until after the expiration of the five
years aforesaid.
Item 11 I do hereby nominate Frank Black and Polly Black
executors of this my last will and testament hereby authorizing
and empowering them to compromise adjust and release and
discharge in such a manner as they may deem proper the
debts and claims due me. I do also authorize and em-
power them if it shall become necessary in order to pay
my debts to sell by private sale or in such a manner upon
such terms of credit or otherwise as they may think proper
all or part of my real estate and deed to purchasers to execute
acknowledge 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
persuance of the statute
In testimony hereof I have hereunto set my hand
and seal this 26th day of February AD 1862
Marshall Black
Signed and acknowledged by said Marshall Black as
his last will and testament in our presence and signed
by us in his presence and in the presence of each other.
J. W. Ladd
Henry Waterfield.
State of Ohio
Delaware County SS
In the matter of the last Will and
testament of Marshall Black, deceased.
We John W. Ladd and Henry Waterfield being duly
sworn on this 21st day of May AD 1870.
[corresponds to labeled page 75 of Will Records Vol. 5 1869-1876]
75
Record of the Last Will of Marshall Black deceased
Item 3rd I give and bequeath to my beloved daughter Lydia Cutler
of the State of Iowa one hundred and seventy dollars.
Item 4th I give and bequeath to my beloved daughter Mary Ann
McLund for the use of the children two hundred dollars.
Item 5th I give and bequeath to my grandsons Marshall Smith
and George Smith sons of my daughter Melinda fifty dollars
each.
Item 6th I give and bequeath to my beloved daughter Samantha
Parker one hundred dollars.
Item 7th I give and bequeath to my grandson John Parker
son of my daughter Miriam Parker one hundred dollars.
Item 8th I give and bequeath to my beloved daughter Jane
Parker two hundred dollars.
Item 9th I give and bequeath to my beloved daughter Evaline
Scott two hundred dollars.
Item 10th I do hereby will and devise that the several sums
devised and bequeathed to my said children and grand
children shall be paid by my son Frank Black at any time
within five years after my death said several sums not
to draw interest until after the expiration of the five
years aforesaid.
Item 11 I do hereby nominate Frank Black and Polly Black
executors of this my last will and testament hereby authorizing
and empowering them to compromise adjust and release and
discharge in such a manner as they may deem proper the
debts and claims due me. I do also authorize and em-
power them if it shall become necessary in order to pay
my debts to sell by private sale or in such a manner upon
such terms of credit or otherwise as they may think proper
all or part of my real estate and deed to purchasers to execute
acknowledge 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
persuance of the statute
In testimony hereof I have hereunto set my hand
and seal this 26th day of February AD 1862
Marshall Black
Signed and acknowledged by said Marshall Black as
his last will and testament in our presence and signed
by us in his presence and in the presence of each other.
J. W. Ladd
Henry Waterfield.
State of Ohio
Delaware County SS
In the matter of the last Will and
testament of Marshall Black, deceased.
We John W. Ladd and Henry Waterfield being duly
sworn on this 21st day of May AD 1870.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 109)
Description
[page 109]
[corresponds to labeled page 76 of Will Records Vol. 5 1869-1876]
76
Record of the Last Will of Marshall Black deceased -
depose and say that we were present at the execution
of the last will and testament of Marshall Black deceased
of Orange Township Delaware County hereunto annexed
and bearing date the 26th of February AD. 1862 that we saw
said testator subscribe said will and heard him publish
and declare the same as his last will and testament and
that the said testator was at the time of executing the same of
full age and in sound mind and memory and not
under any restraint and that we signed the same at his
request and in his presence and in the presence of each
other.
John W. Ladd
Henry Waterfield
Sworn to and subscribed before me this 28th day of May
1870. B. C. Waters
Probate Judge
________________________________________________
Record of the Last Will of Betsey Patterson dec'd
Proceedings had before the Hon B. C. Waters Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the town of
Delaware on the 21st day of February AD 1870.
Thereupon to wit on the said 21st day of February AD 1870
the following order was made in the Journal as follows to wit:
This day the last will and testament of Betsey Patterson dec'd
late of Delaware County was presented to the Court for probate and record
thereupon Albert McCloud and Abner Andrews the subscribing witnesses
thereto came 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 testatrix Betsey Patterson was at the time of
executing the same of full age and of sound mind and memory
and not under any restraint. It is therefore considered and
ordered that the said will be admitted to probate as duly proved as
the last will and testament of said Betsey Patterson deceased
and be recorded as such.
B. C. Waters
Probate Judge
Copy of the Will and the testimony.
In the name of the Benevolent Father of all: I Betsey
Patterson of Orange Township Delaware County Ohio do make
and publish this my last will and testiment:
[corresponds to labeled page 76 of Will Records Vol. 5 1869-1876]
76
Record of the Last Will of Marshall Black deceased -
depose and say that we were present at the execution
of the last will and testament of Marshall Black deceased
of Orange Township Delaware County hereunto annexed
and bearing date the 26th of February AD. 1862 that we saw
said testator subscribe said will and heard him publish
and declare the same as his last will and testament and
that the said testator was at the time of executing the same of
full age and in sound mind and memory and not
under any restraint and that we signed the same at his
request and in his presence and in the presence of each
other.
John W. Ladd
Henry Waterfield
Sworn to and subscribed before me this 28th day of May
1870. B. C. Waters
Probate Judge
________________________________________________
Record of the Last Will of Betsey Patterson dec'd
Proceedings had before the Hon B. C. Waters Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the town of
Delaware on the 21st day of February AD 1870.
Thereupon to wit on the said 21st day of February AD 1870
the following order was made in the Journal as follows to wit:
This day the last will and testament of Betsey Patterson dec'd
late of Delaware County was presented to the Court for probate and record
thereupon Albert McCloud and Abner Andrews the subscribing witnesses
thereto came 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 testatrix Betsey Patterson was at the time of
executing the same of full age and of sound mind and memory
and not under any restraint. It is therefore considered and
ordered that the said will be admitted to probate as duly proved as
the last will and testament of said Betsey Patterson deceased
and be recorded as such.
B. C. Waters
Probate Judge
Copy of the Will and the testimony.
In the name of the Benevolent Father of all: I Betsey
Patterson of Orange Township Delaware County Ohio do make
and publish this my last will and testiment:
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 110)
Description
[page 110]
[corresponds to labeled page 77 of Will Records Vol. 5 1869-1876]
77
Record of the Last Will of Betsey Patterson deceased
I give and devise to my husband James Patterson
the house and lot of land purchased of Linus Patterson
situate in Orange Township Delaware County Ohio the house
and premises which we now occupy, the same containing about one
acre of land, the said premises I hereby bequeath to him and his
heirs forever.
In testimony whereof, I have hereunto set my hand
and seal this 10th day of September AD 1869.
Betsey Patterson {Seal}
Signed and acknowledged by said Betsey Patterson as her last
will and testament in our presence and signed by us in her
presence.
Abner Andrews
Albert McCloud
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament
of Betsey Patterson deceased.
We Albert McCloud and
Abner Andrews being duly sworn in open Court this 21st day
of February AD 1870 depose and say that we were present at
the Execution of the last will and testament of Betsey Patterson
of Orange Township Delaware County hereto annexed bearing date
10th day of September 1869: that we saw 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.
Albert McCloud
Abner Andrews
Sworn to and subscribed before me, in the Probate Court, this
21st day of February AD 1870.
B. C. Waters
Probate Judge
[corresponds to labeled page 77 of Will Records Vol. 5 1869-1876]
77
Record of the Last Will of Betsey Patterson deceased
I give and devise to my husband James Patterson
the house and lot of land purchased of Linus Patterson
situate in Orange Township Delaware County Ohio the house
and premises which we now occupy, the same containing about one
acre of land, the said premises I hereby bequeath to him and his
heirs forever.
In testimony whereof, I have hereunto set my hand
and seal this 10th day of September AD 1869.
Betsey Patterson {Seal}
Signed and acknowledged by said Betsey Patterson as her last
will and testament in our presence and signed by us in her
presence.
Abner Andrews
Albert McCloud
The State of Ohio }
Delaware County SS }
In the matter of the last will and testament
of Betsey Patterson deceased.
We Albert McCloud and
Abner Andrews being duly sworn in open Court this 21st day
of February AD 1870 depose and say that we were present at
the Execution of the last will and testament of Betsey Patterson
of Orange Township Delaware County hereto annexed bearing date
10th day of September 1869: that we saw 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.
Albert McCloud
Abner Andrews
Sworn to and subscribed before me, in the Probate Court, this
21st day of February AD 1870.
B. C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 111)
Description
[page 111]
[corresponds to labeled page 78 of Will Records Vol. 5 1869-1876]
78
Record of the Last Will of Bathsheba Bachman
Proceedings had before the Hon B. C. Waters Judge
of the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in
the Town of Delaware on the first day of July AD
1870
Thereupon to wit on the said first day of July the
following order was made in the Journal as follows to wit:
This day the last will and testament of Bathsheba
Bachman deceased was presented for probate and
record whereupon Jacob Rhodes and James Stults the
subscribing witnesses thereto 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 said will was duly
Executed and attested and that the said testatrix Bathsheba
Bachman was 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 considered and ordered that the
said will be admitted to probate and record as the last
will and testament of Bathsheba Bachman deceased and
be recorded as such and Charles Hite the Executor named in the
will gave bonds in the sum of one thousand dollars with
Jacob Rhodes and James Stults as his sureties.
B. C. Waters
Copy of the Will and Testimony Probate Judge
In the name of the Benevolent Father of all I
Bathsheba Bachman of the County of Delaware and
State of Ohio being of sound mind and knowing the un-
certainty of life and the certainty of death do make and
publish this my last will and testament.
Item 1st That all my lawful debts be paid and all
my funeral expenses be paid and a good and respectable
set of marble tomb stones shall be bought and set up at
my place of burial and paid for out of my money &
effects.
Item 2nd I give and bequeath to my son Polk Kannedy the
bureau and feather bed, bedstead and all the bed clothing
to supply said bed. one set of chairs the clock and cook-
ing stove and one set of dishes the two horses the harness and
plows that I now own but if said horses and harness &
plows should be sold by me before my decease then in
place of said horses and harness and plows the sum
of two hundred dollars and if he gets said money it shall
be placed in the hands of my Executor to be paid to him
as he needs it for his benefit or if need be paid out
to furnish him a team in case he should follow farming
[corresponds to labeled page 78 of Will Records Vol. 5 1869-1876]
78
Record of the Last Will of Bathsheba Bachman
Proceedings had before the Hon B. C. Waters Judge
of the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in
the Town of Delaware on the first day of July AD
1870
Thereupon to wit on the said first day of July the
following order was made in the Journal as follows to wit:
This day the last will and testament of Bathsheba
Bachman deceased was presented for probate and
record whereupon Jacob Rhodes and James Stults the
subscribing witnesses thereto 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 said will was duly
Executed and attested and that the said testatrix Bathsheba
Bachman was 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 considered and ordered that the
said will be admitted to probate and record as the last
will and testament of Bathsheba Bachman deceased and
be recorded as such and Charles Hite the Executor named in the
will gave bonds in the sum of one thousand dollars with
Jacob Rhodes and James Stults as his sureties.
B. C. Waters
Copy of the Will and Testimony Probate Judge
In the name of the Benevolent Father of all I
Bathsheba Bachman of the County of Delaware and
State of Ohio being of sound mind and knowing the un-
certainty of life and the certainty of death do make and
publish this my last will and testament.
Item 1st That all my lawful debts be paid and all
my funeral expenses be paid and a good and respectable
set of marble tomb stones shall be bought and set up at
my place of burial and paid for out of my money &
effects.
Item 2nd I give and bequeath to my son Polk Kannedy the
bureau and feather bed, bedstead and all the bed clothing
to supply said bed. one set of chairs the clock and cook-
ing stove and one set of dishes the two horses the harness and
plows that I now own but if said horses and harness &
plows should be sold by me before my decease then in
place of said horses and harness and plows the sum
of two hundred dollars and if he gets said money it shall
be placed in the hands of my Executor to be paid to him
as he needs it for his benefit or if need be paid out
to furnish him a team in case he should follow farming
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 112)
Description
[page 112]
[corresponds to labeled page 79 of Will Records Vol. 5 1869-1876]
79
Record of the Last Will of Bathsheba Bachman
Item 3rd
I give and bequeath to my daughter Phebe
Post a feather bed straw ticks two pillows two sheets two
quilts and bed stead.
Item 4th I give and bequeath to my granddaughter Hen-
eretta Donele she being the daughter of Edward Donel
fifty dollars in money and feather bed and bedding and
bed stead the fifty dollars to be placed in the hands
of Chas Hite in trust for said grand daughter which shall
be paid over to her as soon as she shall marry
Item 5th I give and bequeath to my grand daughter Sophrona
Donell she being the daughter of Daniel Donel deceased the
sum of fifty dollars to be placed in the hands of Chas
Hite in trust for said grand daughter which shall be
paid over to her by him as soon as she shall marry.
Item 6th I give and bequeath to my four daughters
namely: Phebe Post Jane Beard Sophrona Donel and
Heneretta Donel all my wearing apparel and all the
balance of my bed clothing after supplying the three
above mentioned beds to be divided equally between said
daughters by some disinterested person to be selected
by my Executor.
Item 7th All the balance of my personal property
and moneys and effects that may be let after the des-
tribution has been made in all the foregoing items the
same shall be sold for money and the proceed be
equally divided between my four daughters namely:
Phoebe Post Jane Beard and Henneretta Donel and
Sophrona Donel provided there should be any article
which either of said daughters would be willing to retain
in place of money it shall be turned over to her or
them at its fair cash value.
Item 8th I do hereby nominate and appoint Charles
Hite 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 and I do hereby
revoke all former wills by me made In testimony hereof
I hereunto set my hand and seal on the 3rd day of
May AD 1870.
Bathsheba Bachman {Seal}
Signed and acknowledged by said Bathsheba Bachman
as her last will and testament in our presence and
signed by us in her presence.
Jacob Rhodes
James Stults
[corresponds to labeled page 79 of Will Records Vol. 5 1869-1876]
79
Record of the Last Will of Bathsheba Bachman
Item 3rd
I give and bequeath to my daughter Phebe
Post a feather bed straw ticks two pillows two sheets two
quilts and bed stead.
Item 4th I give and bequeath to my granddaughter Hen-
eretta Donele she being the daughter of Edward Donel
fifty dollars in money and feather bed and bedding and
bed stead the fifty dollars to be placed in the hands
of Chas Hite in trust for said grand daughter which shall
be paid over to her as soon as she shall marry
Item 5th I give and bequeath to my grand daughter Sophrona
Donell she being the daughter of Daniel Donel deceased the
sum of fifty dollars to be placed in the hands of Chas
Hite in trust for said grand daughter which shall be
paid over to her by him as soon as she shall marry.
Item 6th I give and bequeath to my four daughters
namely: Phebe Post Jane Beard Sophrona Donel and
Heneretta Donel all my wearing apparel and all the
balance of my bed clothing after supplying the three
above mentioned beds to be divided equally between said
daughters by some disinterested person to be selected
by my Executor.
Item 7th All the balance of my personal property
and moneys and effects that may be let after the des-
tribution has been made in all the foregoing items the
same shall be sold for money and the proceed be
equally divided between my four daughters namely:
Phoebe Post Jane Beard and Henneretta Donel and
Sophrona Donel provided there should be any article
which either of said daughters would be willing to retain
in place of money it shall be turned over to her or
them at its fair cash value.
Item 8th I do hereby nominate and appoint Charles
Hite 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 and I do hereby
revoke all former wills by me made In testimony hereof
I hereunto set my hand and seal on the 3rd day of
May AD 1870.
Bathsheba Bachman {Seal}
Signed and acknowledged by said Bathsheba Bachman
as her last will and testament in our presence and
signed by us in her presence.
Jacob Rhodes
James Stults
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 113)
Description
[page 113]
[corresponds to labeled page 80 of Will Records Vol. 5 1869-1876]
80
Record of the Last Will of Bathsheba Bachman dec'd
The State of Ohio }
Delaware County SS }
In the matter of the last will and
testament of Bethsheba Bachman deceased We Jacob
Rhodes and James Stults being duly sworn in open
Court this thirtith day of June AD. 1870 depose and say
that we were present at the Execution of the last will and
testament of Bathsheba Bachman of Thompson Township
hereunto annexed bearing date the third day of May AD 1870
that we saw 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.
Jacob Rhoads,
James Stults.
Sworn to and subscribed before me in the Probate Court
this 30th day of June AD 1870.
B.C. Waters
Probate Judge
Record of the Last Will of Thomas Owens, decd
Proceedings had before the Hon B C Waters Judge
of the Probate Court within and for the County of
Delaware and State of Ohio at his office in the Court
House on the Town of Delaware on the 28th day of July
AD 1870.
And thereupon afterward on the aforesaid day
the following Journal Entry was made as follows to-wit:
Will and Estate of Thomas Owens, decd.
This day the last will and testament of Thomas Owens
was presented for proof and record, Whereupon William
Watkins and E. Abbote, 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
and that the said testator Thomas Owens deceased, was
at the time of executing the same of full age and of
sound mind and memory and not under any restraint
it is therefore considered and ordered that the said will
be admitted to probate and record as duly proved as
the last will and testament of Thomas Owens, deceased,
and David O. Thomas and Stephen Thomas being named
[corresponds to labeled page 80 of Will Records Vol. 5 1869-1876]
80
Record of the Last Will of Bathsheba Bachman dec'd
The State of Ohio }
Delaware County SS }
In the matter of the last will and
testament of Bethsheba Bachman deceased We Jacob
Rhodes and James Stults being duly sworn in open
Court this thirtith day of June AD. 1870 depose and say
that we were present at the Execution of the last will and
testament of Bathsheba Bachman of Thompson Township
hereunto annexed bearing date the third day of May AD 1870
that we saw 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.
Jacob Rhoads,
James Stults.
Sworn to and subscribed before me in the Probate Court
this 30th day of June AD 1870.
B.C. Waters
Probate Judge
Record of the Last Will of Thomas Owens, decd
Proceedings had before the Hon B C Waters Judge
of the Probate Court within and for the County of
Delaware and State of Ohio at his office in the Court
House on the Town of Delaware on the 28th day of July
AD 1870.
And thereupon afterward on the aforesaid day
the following Journal Entry was made as follows to-wit:
Will and Estate of Thomas Owens, decd.
This day the last will and testament of Thomas Owens
was presented for proof and record, Whereupon William
Watkins and E. Abbote, 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
and that the said testator Thomas Owens deceased, was
at the time of executing the same of full age and of
sound mind and memory and not under any restraint
it is therefore considered and ordered that the said will
be admitted to probate and record as duly proved as
the last will and testament of Thomas Owens, deceased,
and David O. Thomas and Stephen Thomas being named
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 114)
Description
[page 114]
[corresponds to labeled page 81 of Will Records Vol. 5 1869-1876]
81
Record of the Last Will of Thomas Owen, deceased.
in the said will as Executors, the said David O. Thomas ap-
peased and gave bonds in the sum of then Thousand dollars
with Evan Roberts and Walter T. Watson his surities and
the Court appoint William Watkins A Lloyd and Evan J
Roberts appraiser: The bond accepted and letters issued
to David O. Thomas, Stephen not appearing.
B C Waters
Probate Judge.
Copy of the Will and Testimony.
In the name of the Benevolent Father of All: I
Thomas Owens 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 friend Edward Lewis
the sum of three hundred dollars/$300.
Item 2d I devise and bequeath to the Welch Calvinistic Methodist
Church in Radnor in the aforesaid County, all of my
Rail Road bonds in the C.C. & C. Rail Road (in all seven
shares) to be held by Richard Bumford and Evan
Owens, deacons of said Church and their successors in
office to be held by them as a permanent fund and
the proceeds or dividends arising therefrom, to be used for
the support of the minister of said Church as they
may see proper; if however, the Church in Radnor should
be desolved or broken up then the said fund to be
used for the support of said Church in the State of
Ohio when it shall be most needed.
Item 3d I give devise and bequeath to my brothers and
sister towit: John Owens, David Owens, Margaret Jones,
Edward Owens, Richard Owens all of the above named persons
in this item being deceased and Evan Owens now living
and Richard Owens illegitmate son of Richard Owens
Sen, all the remaining property now in my possession of
every kind and description to be divided in equal shares
among my kins folks above named and their legal heirs.
(Explanatory) The said Richard Owens, illegitimate son
of Richard Owens Sr. to have an equal portion with his
half brothers and sisters.
Item 4 I devise that my beloeved brother Evan Owens
shall see that I am interred in as respectable manner and
he may think proper. ^also to erect a suitable monument at my grave as he may see
proper,
Item 5th I do hereby nominate and appoint Stephen,
Thomas and David O. Thomas Executors of ^this my last will and
testament, hereby authorizing them to discharge in such a
manner as they may deem proper the debts and claims due
me.
[corresponds to labeled page 81 of Will Records Vol. 5 1869-1876]
81
Record of the Last Will of Thomas Owen, deceased.
in the said will as Executors, the said David O. Thomas ap-
peased and gave bonds in the sum of then Thousand dollars
with Evan Roberts and Walter T. Watson his surities and
the Court appoint William Watkins A Lloyd and Evan J
Roberts appraiser: The bond accepted and letters issued
to David O. Thomas, Stephen not appearing.
B C Waters
Probate Judge.
Copy of the Will and Testimony.
In the name of the Benevolent Father of All: I
Thomas Owens 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 friend Edward Lewis
the sum of three hundred dollars/$300.
Item 2d I devise and bequeath to the Welch Calvinistic Methodist
Church in Radnor in the aforesaid County, all of my
Rail Road bonds in the C.C. & C. Rail Road (in all seven
shares) to be held by Richard Bumford and Evan
Owens, deacons of said Church and their successors in
office to be held by them as a permanent fund and
the proceeds or dividends arising therefrom, to be used for
the support of the minister of said Church as they
may see proper; if however, the Church in Radnor should
be desolved or broken up then the said fund to be
used for the support of said Church in the State of
Ohio when it shall be most needed.
Item 3d I give devise and bequeath to my brothers and
sister towit: John Owens, David Owens, Margaret Jones,
Edward Owens, Richard Owens all of the above named persons
in this item being deceased and Evan Owens now living
and Richard Owens illegitmate son of Richard Owens
Sen, all the remaining property now in my possession of
every kind and description to be divided in equal shares
among my kins folks above named and their legal heirs.
(Explanatory) The said Richard Owens, illegitimate son
of Richard Owens Sr. to have an equal portion with his
half brothers and sisters.
Item 4 I devise that my beloeved brother Evan Owens
shall see that I am interred in as respectable manner and
he may think proper. ^also to erect a suitable monument at my grave as he may see
proper,
Item 5th I do hereby nominate and appoint Stephen,
Thomas and David O. Thomas Executors of ^this my last will and
testament, hereby authorizing them to discharge in such a
manner as they may deem proper the debts and claims due
me.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 115)
Description
[page 115]
[corresponds to labeled page 82 of Will Records Vol. 5 1869-1876]
82
Record of the Last Will of Thomas Owens, decd
In testimony hereof, I have hereunto set my hand
and seal this 8th day of July AD 1870.
his
Thomas x Owens {seal}
mark
Signed and acknowledged by said Thomas Owens as
his last will and testament in our presence; and signed
by us in his presence.
William Watkins
E. Abbott.
State of Ohio }
Delaware County ss }
In the matter of the last will and
testament of Thomas Owens of Radnor Township, decd -
We William Watkins and E. Abbott being duly sworn
in open Court this 28th day of July AD 1870, depose and
say that we were present at the Execution of the last
will and testament of Thomas Owens of Radnor Township
in Delaware County, hereunto annexed bearing date 8th
day of July Ad 1870; 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.
William Watkins
E Abbott,
Sworn to and subscribed before me, in the Probate Court
this 28th day of July AD 1870.
B. C. Waters
Probate Judge
[corresponds to labeled page 82 of Will Records Vol. 5 1869-1876]
82
Record of the Last Will of Thomas Owens, decd
In testimony hereof, I have hereunto set my hand
and seal this 8th day of July AD 1870.
his
Thomas x Owens {seal}
mark
Signed and acknowledged by said Thomas Owens as
his last will and testament in our presence; and signed
by us in his presence.
William Watkins
E. Abbott.
State of Ohio }
Delaware County ss }
In the matter of the last will and
testament of Thomas Owens of Radnor Township, decd -
We William Watkins and E. Abbott being duly sworn
in open Court this 28th day of July AD 1870, depose and
say that we were present at the Execution of the last
will and testament of Thomas Owens of Radnor Township
in Delaware County, hereunto annexed bearing date 8th
day of July Ad 1870; 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.
William Watkins
E Abbott,
Sworn to and subscribed before me, in the Probate Court
this 28th day of July AD 1870.
B. C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 116)
Description
[page 116]
[corresponds to labeled page 83 of Will Records Vol. 5 1869-1876]
83
Record of the Last Will of Henry Stallman decd.
Proceedings had before the Hon B C Waters, Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office at the Court House in the Town
of Delaware on the 2nd day of August AD 1870.
And thereupon upon the same day above mentioned an
order was made in the Journal as follows to wit:
On this day the last will and testament of Henry
Stallman of Delaware County, deceased was presented
for probate and record. Whereupon Merlin Burton and Joseph
Norris the subscribing witnesse thereto came into Court and
were duly sworn and Examined and their testimony recorded
to writing and annexed hereto and filed therewith and it appear-
ing to the Court that the said will was duly Executed and
attested and that the said testator Henry Stallmen deceased
was at the time of Executing the same of sound mind and
memory and of the full age and not under any restraint;
it is therefore considered and ordered that the same be admitted
to probate and record as duly proved as the last will and
testament of Henry Stateman, deceased and is hereby recorded
as such. B. C. Waters Probate Judge
Copy of Will and testimony.
In the name of the Benevolent Father of all: I Henry Stateman
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 wife in lieu of
her dower (if she remain my widow) the farm on which we
now reside, situate in the Township of Concord Delaware
County Ohio, containing thirty one acres, during her natural
life and all the stock, household goods, furniture, provisions
and other goods and chattles which may be there at the time
of my decease, during her natural life aforesaid.
Item 2d At the death of my aforesaid wife I devise and
give to my daughter Rebecca Powers, one hundred dollars.
Item 3d The balance of the aforesaid property both personal
and real Estate, I give and devise to my children as follows:
one seventh I give and devise to my son Augustus Stallman
one seventh I give and devise to my son Henry Stallman Jr
one seventh I give and devise to my daughter Louisa Holmes
one seventh I give and devise to my daughter Maria Hill,
one seventh I give to my grand children belonging Wilmena one
seventh I give and devise to my daughter Carolina May, one
seventh I give and devise to my grand child belonging to
my daughter Rica Wollam one seventh - Three of the last
mentioned daughters now are deceased.
Item 4th I do hereby nominate and appoint Merlin Burton
Executor of this my last will and testament.
In testimony hereof I have hereunto set my hand and
seal this 5th day of April AD. 1868. Henry Stallman {seal}
[corresponds to labeled page 83 of Will Records Vol. 5 1869-1876]
83
Record of the Last Will of Henry Stallman decd.
Proceedings had before the Hon B C Waters, Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office at the Court House in the Town
of Delaware on the 2nd day of August AD 1870.
And thereupon upon the same day above mentioned an
order was made in the Journal as follows to wit:
On this day the last will and testament of Henry
Stallman of Delaware County, deceased was presented
for probate and record. Whereupon Merlin Burton and Joseph
Norris the subscribing witnesse thereto came into Court and
were duly sworn and Examined and their testimony recorded
to writing and annexed hereto and filed therewith and it appear-
ing to the Court that the said will was duly Executed and
attested and that the said testator Henry Stallmen deceased
was at the time of Executing the same of sound mind and
memory and of the full age and not under any restraint;
it is therefore considered and ordered that the same be admitted
to probate and record as duly proved as the last will and
testament of Henry Stateman, deceased and is hereby recorded
as such. B. C. Waters Probate Judge
Copy of Will and testimony.
In the name of the Benevolent Father of all: I Henry Stateman
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 wife in lieu of
her dower (if she remain my widow) the farm on which we
now reside, situate in the Township of Concord Delaware
County Ohio, containing thirty one acres, during her natural
life and all the stock, household goods, furniture, provisions
and other goods and chattles which may be there at the time
of my decease, during her natural life aforesaid.
Item 2d At the death of my aforesaid wife I devise and
give to my daughter Rebecca Powers, one hundred dollars.
Item 3d The balance of the aforesaid property both personal
and real Estate, I give and devise to my children as follows:
one seventh I give and devise to my son Augustus Stallman
one seventh I give and devise to my son Henry Stallman Jr
one seventh I give and devise to my daughter Louisa Holmes
one seventh I give and devise to my daughter Maria Hill,
one seventh I give to my grand children belonging Wilmena one
seventh I give and devise to my daughter Carolina May, one
seventh I give and devise to my grand child belonging to
my daughter Rica Wollam one seventh - Three of the last
mentioned daughters now are deceased.
Item 4th I do hereby nominate and appoint Merlin Burton
Executor of this my last will and testament.
In testimony hereof I have hereunto set my hand and
seal this 5th day of April AD. 1868. Henry Stallman {seal}
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 117)
Description
[page 117]
[corresponds to labeled page 84 of Will Records Vol. 5 1869-1876]
84
Record of the Last Will of Henry Stallman,
signed and acknowledge by said Henry Stallman
as his last will and testament in our presence and signed
by us in his presence.
Joseph Norris
Merlin Benton
The State of Ohio
Delaware County ss
In the matter of the last will and
testament of Henry Stallman deceased of Delaware
County. We Joseph Norris and Merlin Benton being
duly sworn in open Court this 2d day of August AD 1870
depose and say that we were present at the Execution
of the last will and testament of Henry Stallman of
Delaware County hereunto annexed, bearing date 5th day
of April 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
of sound mind and memory, and not under any rers-
traint, and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other Merlin Benton.
Joseph Norris.
Sworn to and subscribed before me, in the probate Court
this 2d day of August A.D. 1870.
B C Waters
Probate Judge
Record of the Last Will of Nancy Smith deceased
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town
of Delaware on the 4th day of August A.D. 1870.
Thereupon, towit on the said 4th day of August AD 1870
the following order was made in the Journal as follows towit:
August 4th 1870.
Will of Nancy Smith, deceased.
On this day the Last will and testament of Nancy Smith
deceased of Delaware County was presented for probate and
record. And thereupon A.P. Mason J.F. Jones and Monroe Hodgden
the then subscribing witnesses, came into Court and were
duly sworn and examined and their testimony reduced to
writing and filed with the will; And it appearing that
the 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.
[corresponds to labeled page 84 of Will Records Vol. 5 1869-1876]
84
Record of the Last Will of Henry Stallman,
signed and acknowledge by said Henry Stallman
as his last will and testament in our presence and signed
by us in his presence.
Joseph Norris
Merlin Benton
The State of Ohio
Delaware County ss
In the matter of the last will and
testament of Henry Stallman deceased of Delaware
County. We Joseph Norris and Merlin Benton being
duly sworn in open Court this 2d day of August AD 1870
depose and say that we were present at the Execution
of the last will and testament of Henry Stallman of
Delaware County hereunto annexed, bearing date 5th day
of April 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
of sound mind and memory, and not under any rers-
traint, and that we signed the same as witnesses at his
request and in his presence and in the presence of each
other Merlin Benton.
Joseph Norris.
Sworn to and subscribed before me, in the probate Court
this 2d day of August A.D. 1870.
B C Waters
Probate Judge
Record of the Last Will of Nancy Smith deceased
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town
of Delaware on the 4th day of August A.D. 1870.
Thereupon, towit on the said 4th day of August AD 1870
the following order was made in the Journal as follows towit:
August 4th 1870.
Will of Nancy Smith, deceased.
On this day the Last will and testament of Nancy Smith
deceased of Delaware County was presented for probate and
record. And thereupon A.P. Mason J.F. Jones and Monroe Hodgden
the then subscribing witnesses, came into Court and were
duly sworn and examined and their testimony reduced to
writing and filed with the will; And it appearing that
the 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.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 118)
Description
[page 118]
[corresponds to labeled page 85 of Will Records Vol. 5 1869-1876]
85
Record of the Last Will of Nancy Smith deceased -
Thereupon upon consideration it is ordered that the said
will be admitted to record and Probate as duly proved as the
last will and testament of Nancy Smith Deceased and
ordered to be recorded as such. Thereupon Chas Armstrong and
Jay Dyer Executors named in the will came into Court and gave
Bonds in the sum of $12000 with A P Mason and Elias Kimball
as their surities. The Court appoint appraises of said Estate.
B C Waters
Probate Judge
(Copy of Will.)
In the name of the Benevolent Father of All: I Nancy
Smith of Delaware County Ohio do make and publish
this my last will and testament.
Item 1st I authorize and empower my executors hereafter
named and those who may succeed them (if any) in doing
the business hereby intrusted to them, to sell either at private
or public sale my real Estate which is now leased after the
expiration of said lease, the following described property
situate in Genoa Township, Delaware County Ohio, and is
in Range 17, Township 3, Section 1 Lot 5 United States
Military Lands, containing by estimation ninety four acres
(94) They or either of them are to sell the same on the most
advantageous terms, to make and deliver to the purchases a
good and sufficient deed And the proceeds to be invested as
follows, towit:
Item 2d I give devise and bequeath to Charles Landon one
Thousand dollars ($1000) to be paid immediately after the legal
expenses and claims are paid.
Item 3d I give and bequeath to my sister, Jane Woodruff
seven hundred dollar ($700) to be paid in the order herein
named.
Item 4th The balance of the money derived from the sale
of said real estate, I give and devise to my grand son
Emmitt R. Cook, to be retained by my Executors or those
who have charge of the same at interest and the interest to
be paid annually and the sum to be added to the principal
to be well secured by mortgage on real Estate, unimcumbered
and of at least double the amount loaned excursion of
the perishable property until after said Emmitt R Cook shall
arrive at the age of twenty one years (21), and they are
allowed sufficient time thereafter to collect pay over and settle out
of said business, but not to exceed three years.
Item 5 If said Emmitt R. Cook shall die before said
legacy shall be paid to him, then in that case, I devise and
bequeath the same to be equally devided between David Landon
Jane Woodruff, Sidney Landon, Lucinda Landon, and the
heirs of Allen Landon, deceased - these heirs to constitute one
[corresponds to labeled page 85 of Will Records Vol. 5 1869-1876]
85
Record of the Last Will of Nancy Smith deceased -
Thereupon upon consideration it is ordered that the said
will be admitted to record and Probate as duly proved as the
last will and testament of Nancy Smith Deceased and
ordered to be recorded as such. Thereupon Chas Armstrong and
Jay Dyer Executors named in the will came into Court and gave
Bonds in the sum of $12000 with A P Mason and Elias Kimball
as their surities. The Court appoint appraises of said Estate.
B C Waters
Probate Judge
(Copy of Will.)
In the name of the Benevolent Father of All: I Nancy
Smith of Delaware County Ohio do make and publish
this my last will and testament.
Item 1st I authorize and empower my executors hereafter
named and those who may succeed them (if any) in doing
the business hereby intrusted to them, to sell either at private
or public sale my real Estate which is now leased after the
expiration of said lease, the following described property
situate in Genoa Township, Delaware County Ohio, and is
in Range 17, Township 3, Section 1 Lot 5 United States
Military Lands, containing by estimation ninety four acres
(94) They or either of them are to sell the same on the most
advantageous terms, to make and deliver to the purchases a
good and sufficient deed And the proceeds to be invested as
follows, towit:
Item 2d I give devise and bequeath to Charles Landon one
Thousand dollars ($1000) to be paid immediately after the legal
expenses and claims are paid.
Item 3d I give and bequeath to my sister, Jane Woodruff
seven hundred dollar ($700) to be paid in the order herein
named.
Item 4th The balance of the money derived from the sale
of said real estate, I give and devise to my grand son
Emmitt R. Cook, to be retained by my Executors or those
who have charge of the same at interest and the interest to
be paid annually and the sum to be added to the principal
to be well secured by mortgage on real Estate, unimcumbered
and of at least double the amount loaned excursion of
the perishable property until after said Emmitt R Cook shall
arrive at the age of twenty one years (21), and they are
allowed sufficient time thereafter to collect pay over and settle out
of said business, but not to exceed three years.
Item 5 If said Emmitt R. Cook shall die before said
legacy shall be paid to him, then in that case, I devise and
bequeath the same to be equally devided between David Landon
Jane Woodruff, Sidney Landon, Lucinda Landon, and the
heirs of Allen Landon, deceased - these heirs to constitute one
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 119)
Description
[page 119]
[corresponds to labeled page 86 of Will Records Vol. 5 1869-1876]
86
Record of the Last Will of Nancy Smith, deceased
share, and that share to be divided equally among them,
Item 6th If from any cause whatever those who are ap-
pointed to Execute this will and administer on my Estate
shall refuse to serve as such, then the Court of Probate for
Delaware County Ohio are requested ^to appoint a suitable person
or persons to fill the duties of said appointment, to carry
out the above instructions, but I object to the appointment
of Demon J Cook or any of this relatives, but if said Demon
J. Cook or any of his relatives shall obtain the appointment
to manage this busienss, in such case, the legacy bequested
to said Emmitt R Cook is not to be paid to him and the
same to be paid to those who are legatees in item 5th in the
manner therein directed in case of the death of said Emmitt R.
Cook.
Item 7th All monies which shall be reserved by said Ex-
ecutors from the sale of personal property, collections of
debts or from any source whatever (except from the sale of
the aforesaid real estate) After paying all legal demands
shall be paid out as directed by items 5 & 6.
Item 8th I do hereby nominate and appoint Charles Armstrong
and Jay Dyer my Executors of this my last will and testament
authorizing and empowering them to compromise, adjust, release
and discharge in such manner and upon such terms as
they may judge proper any debt claim or demand due me.
I do hereby revoke all former will be me made.
In testimony hereof I have hereunto set my hand and seal
this 23d day of March in the year AD 1870.
Nancy Smith {seal}
Signed and acknowledged by said Nancy Smith as her
last will and testament in our presence and signed by
us in her presence and at her request.
A.P. Mason
J.F. Jones
Monroe Hodgden.
Testimony of Will.
The State of Ohio
Delaware County ss
In the matter of the last will and testament
of Nancy Smith of Genoa Township Delaware County
Ohio, deceased.
We A.P. Mason J.F. Jones and Monroe Hodgden
being duly sworn in open Court this 4th day of August AD
1870, depose and say that we were present at the Execution of
the last will and testament of Nancy Smith of Delaware
County hereunto annexed, bearing date 23d of March AD
1870; that we saw the said testator sign said will, and heard
her publish and declare the same to be her last will, &
testament, and that the said testator, at the time of Executing
[corresponds to labeled page 86 of Will Records Vol. 5 1869-1876]
86
Record of the Last Will of Nancy Smith, deceased
share, and that share to be divided equally among them,
Item 6th If from any cause whatever those who are ap-
pointed to Execute this will and administer on my Estate
shall refuse to serve as such, then the Court of Probate for
Delaware County Ohio are requested ^to appoint a suitable person
or persons to fill the duties of said appointment, to carry
out the above instructions, but I object to the appointment
of Demon J Cook or any of this relatives, but if said Demon
J. Cook or any of his relatives shall obtain the appointment
to manage this busienss, in such case, the legacy bequested
to said Emmitt R Cook is not to be paid to him and the
same to be paid to those who are legatees in item 5th in the
manner therein directed in case of the death of said Emmitt R.
Cook.
Item 7th All monies which shall be reserved by said Ex-
ecutors from the sale of personal property, collections of
debts or from any source whatever (except from the sale of
the aforesaid real estate) After paying all legal demands
shall be paid out as directed by items 5 & 6.
Item 8th I do hereby nominate and appoint Charles Armstrong
and Jay Dyer my Executors of this my last will and testament
authorizing and empowering them to compromise, adjust, release
and discharge in such manner and upon such terms as
they may judge proper any debt claim or demand due me.
I do hereby revoke all former will be me made.
In testimony hereof I have hereunto set my hand and seal
this 23d day of March in the year AD 1870.
Nancy Smith {seal}
Signed and acknowledged by said Nancy Smith as her
last will and testament in our presence and signed by
us in her presence and at her request.
A.P. Mason
J.F. Jones
Monroe Hodgden.
Testimony of Will.
The State of Ohio
Delaware County ss
In the matter of the last will and testament
of Nancy Smith of Genoa Township Delaware County
Ohio, deceased.
We A.P. Mason J.F. Jones and Monroe Hodgden
being duly sworn in open Court this 4th day of August AD
1870, depose and say that we were present at the Execution of
the last will and testament of Nancy Smith of Delaware
County hereunto annexed, bearing date 23d of March AD
1870; that we saw the said testator sign said will, and heard
her publish and declare the same to be her last will, &
testament, and that the said testator, at the time of Executing
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 120)
Description
[page 120]
[corresponds to labeled page 87 of Will Records Vol. 5 1869-1876]
87
Record of the Last Will of Nancy Smith, deceased
the same, 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.
A.P. Mason
J.F. Jones
Monroe Hodgden
Sworn to and subscribed before me, in the Probate Court
this 4th day of August AD 1870.
B.C. Waters
Probate Judge
__________________________________________________________________
Record of the Last Will and Testament of Jacob Ekelbery
Proceedings had before the Hon B.C. Waters Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court house in
the Town of Delaware on 30th day of July AD 1870.
and Thereupon to wit on the said 30th day of July
Ad 1870, the following order was made in the Journal as
follows towit:
Will and Estate of Jacob Ekleberry deceased.
This day the last will and testament of Jacob Ekleberry
deceased, was presented for probate and record: Whereupon
James R. Hubble, one of the subscribing witnesses thereto,
came and was 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, Mary Hubbell
the other subscribing witness thereto is deceased, the testimony
of James R. Hubbell was taken to prove the signing and
signature of the said Mary Hubbell and is also attached
to the will: and it appearing to the Court that the said will
was duly Executed and attested and that the said testator
Jacob Ekleberry was at the time of Executing the same 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 said Jacob Ekleberry deceased
and be recorded as such. And at the same time came
Drusilla Ekleberry, the widow of said Jacob Ekleberry,
and made the election to take under the will: and the
same having been Explained to her she still declared
it to be her wish and desire to take under the will. As
letters issued and no appraisers appointed at present.
B C Waters
Probate Judge
[corresponds to labeled page 87 of Will Records Vol. 5 1869-1876]
87
Record of the Last Will of Nancy Smith, deceased
the same, 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.
A.P. Mason
J.F. Jones
Monroe Hodgden
Sworn to and subscribed before me, in the Probate Court
this 4th day of August AD 1870.
B.C. Waters
Probate Judge
__________________________________________________________________
Record of the Last Will and Testament of Jacob Ekelbery
Proceedings had before the Hon B.C. Waters Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court house in
the Town of Delaware on 30th day of July AD 1870.
and Thereupon to wit on the said 30th day of July
Ad 1870, the following order was made in the Journal as
follows towit:
Will and Estate of Jacob Ekleberry deceased.
This day the last will and testament of Jacob Ekleberry
deceased, was presented for probate and record: Whereupon
James R. Hubble, one of the subscribing witnesses thereto,
came and was 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, Mary Hubbell
the other subscribing witness thereto is deceased, the testimony
of James R. Hubbell was taken to prove the signing and
signature of the said Mary Hubbell and is also attached
to the will: and it appearing to the Court that the said will
was duly Executed and attested and that the said testator
Jacob Ekleberry was at the time of Executing the same 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 said Jacob Ekleberry deceased
and be recorded as such. And at the same time came
Drusilla Ekleberry, the widow of said Jacob Ekleberry,
and made the election to take under the will: and the
same having been Explained to her she still declared
it to be her wish and desire to take under the will. As
letters issued and no appraisers appointed at present.
B C Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 121)
Description
[page 121]
[corresponds to labeled page 88 of Will Records Vol. 5 1869-1876]
88
Record of the Last Will of Jacob Ekleberry
Copy of Will.
In the name of the benevolent Father of all: I Jacob
Ekleberry of Delaware Ohio do make and publish this my
last will and testament.
Item 1st I give and devise to my beloved wife Drusilla
in lieu of her dower, the house and lot on which we now
reside situate in the Town of Delaware aforesaid and
being the same premises conveyed me by Thomas J. Pearce
and wife January 28th 1869 by deed recorded in Vol 54
Page 537 of the records of Delaware County Ohio, for and
during the period of the natural life of my said wife and
she remaining my widow, and all the household goods
furntiure and provisions I may have thereon at the time
of my decease. At the death of my said wife, the real
estate aforesaid, and such part of the personal property
as may be uncensored, I give and devise to my three
sons John, Ezekiel and Jacob in equal proportions.
In case of the death of my wife before my decease I
then give and devise the foregiving property to my three
sons aforesaid, to be equally divided between them as
aforesaid and their heirs and assigns forever. This devise
and bequest to my wife is made upon the express condition
that she shall remain my widow.
Item 2d I give and devise to my son John and his heirs
and assigns forever seventy four and three quarters acres
situate in Delaware County aforesaid and in Berlin
Township and being the same premises conveyed to me
by Joseph Bartholemew by deed dated June 13th 1848 and
recorded in Volume 39 on pages 128 & 129 of the Record of
Delaware County aforesaid.
Item 3d I give and devise to my Ezikiel Eklebery
and to his heirs and assigns forever, forty four acres
of land more or less situate, and being south west
part of lot seventeen in section four Township five
in Delaware County Ohio Being in Radnor Township
and bounded and described as follows viz: On the
north by land that I have heretofor deeded to said Ezekiel
On the East by land that I have heretofore deeded to my son
Jacob. On the south by the Township line between Brown
and Berlin Township, and in the west by the section
line, and being the section line same premises on which
the said Ezekiel now lives.
Item 4th I give and devise to my son Jacob the tract of
sixty seven acres of land on which he now resides, being
A part of lot fifteen in section one Township four Range
Eighteen Delaware County Ohio, and being the tract of
land heretofore conveyed to me by Barnett Cunningham &
[corresponds to labeled page 88 of Will Records Vol. 5 1869-1876]
88
Record of the Last Will of Jacob Ekleberry
Copy of Will.
In the name of the benevolent Father of all: I Jacob
Ekleberry of Delaware Ohio do make and publish this my
last will and testament.
Item 1st I give and devise to my beloved wife Drusilla
in lieu of her dower, the house and lot on which we now
reside situate in the Town of Delaware aforesaid and
being the same premises conveyed me by Thomas J. Pearce
and wife January 28th 1869 by deed recorded in Vol 54
Page 537 of the records of Delaware County Ohio, for and
during the period of the natural life of my said wife and
she remaining my widow, and all the household goods
furntiure and provisions I may have thereon at the time
of my decease. At the death of my said wife, the real
estate aforesaid, and such part of the personal property
as may be uncensored, I give and devise to my three
sons John, Ezekiel and Jacob in equal proportions.
In case of the death of my wife before my decease I
then give and devise the foregiving property to my three
sons aforesaid, to be equally divided between them as
aforesaid and their heirs and assigns forever. This devise
and bequest to my wife is made upon the express condition
that she shall remain my widow.
Item 2d I give and devise to my son John and his heirs
and assigns forever seventy four and three quarters acres
situate in Delaware County aforesaid and in Berlin
Township and being the same premises conveyed to me
by Joseph Bartholemew by deed dated June 13th 1848 and
recorded in Volume 39 on pages 128 & 129 of the Record of
Delaware County aforesaid.
Item 3d I give and devise to my Ezikiel Eklebery
and to his heirs and assigns forever, forty four acres
of land more or less situate, and being south west
part of lot seventeen in section four Township five
in Delaware County Ohio Being in Radnor Township
and bounded and described as follows viz: On the
north by land that I have heretofor deeded to said Ezekiel
On the East by land that I have heretofore deeded to my son
Jacob. On the south by the Township line between Brown
and Berlin Township, and in the west by the section
line, and being the section line same premises on which
the said Ezekiel now lives.
Item 4th I give and devise to my son Jacob the tract of
sixty seven acres of land on which he now resides, being
A part of lot fifteen in section one Township four Range
Eighteen Delaware County Ohio, and being the tract of
land heretofore conveyed to me by Barnett Cunningham &
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 122)
Description
[page 122]
[corresponds to labeled page 89 of Will Records Vol. 5 1869-1876]
89
Record of the Will of Jacob Ekleberry deceased -
wife by deed dated May 12th 1856 and Recorded in Volume 39
Pages 614 & 615 of the Records of Delaware County Ohio.
Item 5th I give and devise to my daughter Margaret Cunningham
wife of Josiah Cunningham, forty six acres of land, situate
in Section one, Township four, Range Eighteen Delaware County
aforesaid, and being all that tract or parcel of land deeded
me by William H Rose and wife by deed dated the 5th day
of September 1866 and recorded in Volume 55 Page 400 of
the records of Delaware County Ohio - Except the portion or part
of said premises heretofore conveyed to Louise Gardner.
Item 6th All the personal property I may posses at the time
of my death of any description, including monies and credits
and not bequeathed to my said wife in item one of this will
I give and bequeath to my said son Jacob.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this thirteenth day of July in the year One Thousand
Eight Hundred and sixty nine.
Jacob Ekleberry {seal}
Signed and acknowledged by said Jacob Ekleberry
as his last will and testament in our presence and
signed by us in his presence and at his request.
James R. Hubbell
Mary Hubbell
Testimony of Will.
The State of Ohio
Delaware County ss.
In the matter of the last will and
testament of Jacob Ekleberry late of Delaware Coutny
deceased. I James R Hubbell being duly sworn in
open Court this 30th day of July AD 1870 depose and say
that I was present at the execution of the last will and
testament of Jacob Ekleberry of Delaware County, decd
hereunto annexed bearing date the 13th day of July AD 1870;
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, 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 I the said James R. Hubbell upon my oath further
say that the said Mary Hubbell, the other subscribing
witness to said will, and who was the wife of this afficient
is now deceased, having departed this life on the 12th day
of April Ad 1870, that the signature of the said Mary Hubbell
to said will as a subscribing witness is genuine, and
that she signed said will in the presence of said testator.
[corresponds to labeled page 89 of Will Records Vol. 5 1869-1876]
89
Record of the Will of Jacob Ekleberry deceased -
wife by deed dated May 12th 1856 and Recorded in Volume 39
Pages 614 & 615 of the Records of Delaware County Ohio.
Item 5th I give and devise to my daughter Margaret Cunningham
wife of Josiah Cunningham, forty six acres of land, situate
in Section one, Township four, Range Eighteen Delaware County
aforesaid, and being all that tract or parcel of land deeded
me by William H Rose and wife by deed dated the 5th day
of September 1866 and recorded in Volume 55 Page 400 of
the records of Delaware County Ohio - Except the portion or part
of said premises heretofore conveyed to Louise Gardner.
Item 6th All the personal property I may posses at the time
of my death of any description, including monies and credits
and not bequeathed to my said wife in item one of this will
I give and bequeath to my said son Jacob.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and
seal this thirteenth day of July in the year One Thousand
Eight Hundred and sixty nine.
Jacob Ekleberry {seal}
Signed and acknowledged by said Jacob Ekleberry
as his last will and testament in our presence and
signed by us in his presence and at his request.
James R. Hubbell
Mary Hubbell
Testimony of Will.
The State of Ohio
Delaware County ss.
In the matter of the last will and
testament of Jacob Ekleberry late of Delaware Coutny
deceased. I James R Hubbell being duly sworn in
open Court this 30th day of July AD 1870 depose and say
that I was present at the execution of the last will and
testament of Jacob Ekleberry of Delaware County, decd
hereunto annexed bearing date the 13th day of July AD 1870;
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, 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 I the said James R. Hubbell upon my oath further
say that the said Mary Hubbell, the other subscribing
witness to said will, and who was the wife of this afficient
is now deceased, having departed this life on the 12th day
of April Ad 1870, that the signature of the said Mary Hubbell
to said will as a subscribing witness is genuine, and
that she signed said will in the presence of said testator.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 123)
Description
[page 123]
[corresponds to labeled page 90 of Will Records Vol. 5 1869-1876]
90
Record of the Will of Jacob Eckleberry, deceased
and at his request, and also she signed said will
in the presence of this Afficient, and that each of the
subscribing witnesses signed said will in the presence
of each other at the request of the testator.
Sworn to and subscribed before me this 30th day James R Hubbell
of July AD 1870. B.C. Waters
Probate Judge.
__________________________________________________________________________
Record of the Will of Cyrus Longshore deceased.
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 18th
day of August AD 1870.
And thereupon to-wit on the said 10th day of Aug AD 1870
the following order was made in the Journal as follows to wit:
The last will and Estate of Cyrus Longshore, decd
On this day the last will and testment of Cyrus Longshore
deceased was presented for probate and record: Whereupon
E H Dent and John Sinkey, the subscribing witnesses thereto came
into open Court and being 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 mine &
memory and not under any restraint, it is therefore ordered and
considered that the said will be admitted to probate and record
as duly proved as the last will and testament of Cyrus
Longshore, deceased and be recorded as such: and Truman
Longshore Executor named in the will gave bond in the sum of
Ten Thousand dollars.
Copy of Will.
In the name of the Benevolent Father of all: I Cyrus
Longshore 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 after my death all my Just debts and
funeral Expenses be paid by my Executors out of my Estate
Item 2d I direct that my beloved wife Margaret Longshore
have the Entire use and control of all my real Estate
and personal during her natural life.
Item 3d I direct that should the rents and incomes of
my said Estate be not sufficient for her maintenance &
Support in the style ^in which we are now living, that said Estate
be sold and so much of the proceeds as may be necessary
used for her support as aforesaid.
Item 4th I direct that at the death of my said wife, my
Estate that may be remaining, be equally divided among my heirs
[corresponds to labeled page 90 of Will Records Vol. 5 1869-1876]
90
Record of the Will of Jacob Eckleberry, deceased
and at his request, and also she signed said will
in the presence of this Afficient, and that each of the
subscribing witnesses signed said will in the presence
of each other at the request of the testator.
Sworn to and subscribed before me this 30th day James R Hubbell
of July AD 1870. B.C. Waters
Probate Judge.
__________________________________________________________________________
Record of the Will of Cyrus Longshore deceased.
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 18th
day of August AD 1870.
And thereupon to-wit on the said 10th day of Aug AD 1870
the following order was made in the Journal as follows to wit:
The last will and Estate of Cyrus Longshore, decd
On this day the last will and testment of Cyrus Longshore
deceased was presented for probate and record: Whereupon
E H Dent and John Sinkey, the subscribing witnesses thereto came
into open Court and being 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 mine &
memory and not under any restraint, it is therefore ordered and
considered that the said will be admitted to probate and record
as duly proved as the last will and testament of Cyrus
Longshore, deceased and be recorded as such: and Truman
Longshore Executor named in the will gave bond in the sum of
Ten Thousand dollars.
Copy of Will.
In the name of the Benevolent Father of all: I Cyrus
Longshore 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 after my death all my Just debts and
funeral Expenses be paid by my Executors out of my Estate
Item 2d I direct that my beloved wife Margaret Longshore
have the Entire use and control of all my real Estate
and personal during her natural life.
Item 3d I direct that should the rents and incomes of
my said Estate be not sufficient for her maintenance &
Support in the style ^in which we are now living, that said Estate
be sold and so much of the proceeds as may be necessary
used for her support as aforesaid.
Item 4th I direct that at the death of my said wife, my
Estate that may be remaining, be equally divided among my heirs
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 124)
Description
[page 124]
[corresponds to labeled page 91 of Will Records Vol. 5 1869-1876]
91
Record of the Last Will of Cyrus Longshore deceased.
as follows towit: My sons Charles, Truman, Harlo A and Isaac
Newton and the heirs of my deceased son J.W. Longshore.
Item 5th I hereby nominate and appoint my wife Margaret
Longshore and my son Truman Longshore my executors of
this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 24th day of April AD 1870.
Cyrus Longshore {seal}
We E H Dent and John Sinkey hereby certify that Cyrus
Longshore signed the foregoing instrument in our presence as
his last will and that we signed the same in his presence as
witnesses. EH Dent
John Sinkey
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Cyrus Longshore of Delaware County deceased:
We E H Dent and John Sinkey being duly
sworn in open Court ^this 10 day of Aug AD 1870 depose and say that we were present
at the Execution of the last will and testament of Cyrus
Longshore of Trenton Township Delaware County, hereunto
annexed, bearing date 24th day of April 1870; 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. EH Dent
John Sinkey
Sworn to and subscribed before me in the Probate Court
this 10th day of Aug AD 1870. B. W Waters
Probate Judge.
_______________________________________________________________
Record of the Last Will of Ezra Winget deceased.
Proceeding had before the Hon BC Waters Judge of the
Probate Court within and for the County of Delaware &
State of Ohio at his office in the County of Delaware &
State of Ohio at his office in the Court house in the
Town of Delaware on the 6th day of August Ad 1870.
Thereupon towit on the said 6th day of Aug AD 1870 the
following will was made in the Journal as follows to
wit:
August 6th 1870
Will and Estate of Ezra Winget deceased.
This day the last will and testament of Ezra Winget, decd
[corresponds to labeled page 91 of Will Records Vol. 5 1869-1876]
91
Record of the Last Will of Cyrus Longshore deceased.
as follows towit: My sons Charles, Truman, Harlo A and Isaac
Newton and the heirs of my deceased son J.W. Longshore.
Item 5th I hereby nominate and appoint my wife Margaret
Longshore and my son Truman Longshore my executors of
this my last will and testament.
In testimony whereof I have hereunto set my hand and
seal this 24th day of April AD 1870.
Cyrus Longshore {seal}
We E H Dent and John Sinkey hereby certify that Cyrus
Longshore signed the foregoing instrument in our presence as
his last will and that we signed the same in his presence as
witnesses. EH Dent
John Sinkey
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Cyrus Longshore of Delaware County deceased:
We E H Dent and John Sinkey being duly
sworn in open Court ^this 10 day of Aug AD 1870 depose and say that we were present
at the Execution of the last will and testament of Cyrus
Longshore of Trenton Township Delaware County, hereunto
annexed, bearing date 24th day of April 1870; 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. EH Dent
John Sinkey
Sworn to and subscribed before me in the Probate Court
this 10th day of Aug AD 1870. B. W Waters
Probate Judge.
_______________________________________________________________
Record of the Last Will of Ezra Winget deceased.
Proceeding had before the Hon BC Waters Judge of the
Probate Court within and for the County of Delaware &
State of Ohio at his office in the County of Delaware &
State of Ohio at his office in the Court house in the
Town of Delaware on the 6th day of August Ad 1870.
Thereupon towit on the said 6th day of Aug AD 1870 the
following will was made in the Journal as follows to
wit:
August 6th 1870
Will and Estate of Ezra Winget deceased.
This day the last will and testament of Ezra Winget, decd
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 125)
Description
[page 125]
[corresponds to labeled page 92 of Will Records Vol. 5 1869-1876]
92
Record of the Last Will of Ezra Winget, deceased.
was presented for probate and record; whereupon Evans
Carr and L. S. Felkner the subscribing witnesses thereto, came
into Court and were duly sworn and examined and their
testimony reduced to writing and filed therewith, annexed,
and it appearing to the Court that the said will was duly
executed and attested, and that the said testator was at the
time of executing the same of full age and of sound mind
and memory and not under any restraint: It is therefore con-
sidered and ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of
the said Ezra Winget, deceased, and be recorded as such &
at the same time came Winget the widow and made her
Elective after her rights were fully explained to her she elected
to take under the will, and on her motive L S Felkner
was appointed administrator with the will annexed.
The said L S Felkner gave bonds in the sum of Two
Thousand dollars with J D Vandeman and B F. Loffman
as his sureties, Bond accepted and letters issued, and the
Court appoint Evans Carr, J Jacob Anderson and Daniel
Dorwast Appraisers of the said Estate.
B C Waters
Probate Judge.
(Copy of Will)
In the name of the Benevolent Father of all, I Ezra Winget
in the County of Delaware and State of Ohio, do make &
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
Delaware County Ohio, containing fifty five acres together
with fifty one acres of land lying north of the farm on
which we now reside, Bounded and described in the deed
of said land, the two above named pieces of land being all
of my Real Estate during her natural life, and all the stock
Household goods and Chattles which may be thereon at the time
of my decease, during her natural life afforesaid; she however
selling so much thereof as may be sufficient to pay my just
debts. At the marriage of my Beloved wife if such is the case
then I devise unto her only the one third part of said premises
aforesaid, but as long as she remains my widow she is to have
all the above named real and personal property.
Item 2d At the death of my wife I devise that all my real &
personal property that is remaining, shall be sold to the highest
bidder and the proceeds divided Equally among my Children
or their heirs.
In testimony whereof I have hereunto set my hand and
seal this 6th day of Aug AD 1862. Ezra Winget. {seal}
Signed and acknowledged by the said Ezra Winget, as his last
will and testament in our presence and signed by us his
[corresponds to labeled page 92 of Will Records Vol. 5 1869-1876]
92
Record of the Last Will of Ezra Winget, deceased.
was presented for probate and record; whereupon Evans
Carr and L. S. Felkner the subscribing witnesses thereto, came
into Court and were duly sworn and examined and their
testimony reduced to writing and filed therewith, annexed,
and it appearing to the Court that the said will was duly
executed and attested, and that the said testator was at the
time of executing the same of full age and of sound mind
and memory and not under any restraint: It is therefore con-
sidered and ordered that the said will be admitted to probate
and record as duly proved as the last will and testament of
the said Ezra Winget, deceased, and be recorded as such &
at the same time came Winget the widow and made her
Elective after her rights were fully explained to her she elected
to take under the will, and on her motive L S Felkner
was appointed administrator with the will annexed.
The said L S Felkner gave bonds in the sum of Two
Thousand dollars with J D Vandeman and B F. Loffman
as his sureties, Bond accepted and letters issued, and the
Court appoint Evans Carr, J Jacob Anderson and Daniel
Dorwast Appraisers of the said Estate.
B C Waters
Probate Judge.
(Copy of Will)
In the name of the Benevolent Father of all, I Ezra Winget
in the County of Delaware and State of Ohio, do make &
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
Delaware County Ohio, containing fifty five acres together
with fifty one acres of land lying north of the farm on
which we now reside, Bounded and described in the deed
of said land, the two above named pieces of land being all
of my Real Estate during her natural life, and all the stock
Household goods and Chattles which may be thereon at the time
of my decease, during her natural life afforesaid; she however
selling so much thereof as may be sufficient to pay my just
debts. At the marriage of my Beloved wife if such is the case
then I devise unto her only the one third part of said premises
aforesaid, but as long as she remains my widow she is to have
all the above named real and personal property.
Item 2d At the death of my wife I devise that all my real &
personal property that is remaining, shall be sold to the highest
bidder and the proceeds divided Equally among my Children
or their heirs.
In testimony whereof I have hereunto set my hand and
seal this 6th day of Aug AD 1862. Ezra Winget. {seal}
Signed and acknowledged by the said Ezra Winget, as his last
will and testament in our presence and signed by us his
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 126)
Description
[page 126]
[corresponds to labeled page 93 of Will Records Vol. 5 1869-1876]
93
Record of the Last Will of Ezra Winget, deceased
presence.
Evans Carr }
L.S. Felkner } Witnesses.
The State of Ohio
Delaware County ss,
In the matter of the last will and
testament of Ezra Winget of Delaware County, deceased,
We Evans Carr and L S Felkner being duly sworn in open
Court depose and say on this 6th day of August AD. 1870,
that we were present at the Execution of the last will and
testament of Ezra Wingelt of Delaware County hereunto
annexed, bearing date 6th day of August 1862: that we saw
the said testator subscribe said will, and heard him publish
the same as his last will and testament and that the said
testator at the time of executing the same was of full
age and of sound mind and memory and not under
any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence of
each other. Evans Carr.
L S Felkner.
Sworn to and subscribed before me this 6th day of Aug
AD 1870. B C Waters
Probate Judge.
______________________________________________________________
Record of the Last Will of Ignatius Baker, deceased
Proceedings had before the Hon B C Waters Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in the
Town of Delaware on the 20th day of August AD 1870.
Thereupon to-wit on the said 20th day of Aug. AD 1870 the
following order was made in the Journal as follows towit:
Saturday Aug. 20th 1870.
The last will and testament of Ignatius
Baker, deceased.
On this day the last will and testament of Ig-
natus Baker, deceased, was presented for probate and record
; whereupon Samuel Rogers and Jacob F. Pettit, the subscribing
witnesses thereto, 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, Ignatius Baker deceased, was at
the time of Executing the same of full age and of sound
mind and memory and under no restraint; it is therefore
considered and ordered that the said will be admitted
to Probate and Record as duly proved as the last will and
[corresponds to labeled page 93 of Will Records Vol. 5 1869-1876]
93
Record of the Last Will of Ezra Winget, deceased
presence.
Evans Carr }
L.S. Felkner } Witnesses.
The State of Ohio
Delaware County ss,
In the matter of the last will and
testament of Ezra Winget of Delaware County, deceased,
We Evans Carr and L S Felkner being duly sworn in open
Court depose and say on this 6th day of August AD. 1870,
that we were present at the Execution of the last will and
testament of Ezra Wingelt of Delaware County hereunto
annexed, bearing date 6th day of August 1862: that we saw
the said testator subscribe said will, and heard him publish
the same as his last will and testament and that the said
testator at the time of executing the same was of full
age and of sound mind and memory and not under
any restraint, and that we signed the same as witnesses
at his request and in his presence and in the presence of
each other. Evans Carr.
L S Felkner.
Sworn to and subscribed before me this 6th day of Aug
AD 1870. B C Waters
Probate Judge.
______________________________________________________________
Record of the Last Will of Ignatius Baker, deceased
Proceedings had before the Hon B C Waters Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in the
Town of Delaware on the 20th day of August AD 1870.
Thereupon to-wit on the said 20th day of Aug. AD 1870 the
following order was made in the Journal as follows towit:
Saturday Aug. 20th 1870.
The last will and testament of Ignatius
Baker, deceased.
On this day the last will and testament of Ig-
natus Baker, deceased, was presented for probate and record
; whereupon Samuel Rogers and Jacob F. Pettit, the subscribing
witnesses thereto, 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, Ignatius Baker deceased, was at
the time of Executing the same of full age and of sound
mind and memory and under no restraint; it is therefore
considered and ordered that the said will be admitted
to Probate and Record as duly proved as the last will and
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 127)
Description
[page 127]
[corresponds to labeled page 94 of Will Records Vol. 5 1869-1876]
94
Record of the Last Will of Ignatius Baker, decd.
testament of Ignatius Baker deceased and be recorded as
such. And Wiliam B. Baker, the Executor named in
the will appeared and gave bond in the sum of One
Thousand dollars, with Enoch Baker and John Carnes as
his sureties, and the Court appoint John Heavelo, John Ekleberry
and appraises of the said Estate. Bond accepted
and letters issued. B C Waters
Probate Judge.
(Copy of the Will)
In the name of the Benevolent Father of all; I Ignatius
Baker 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, the farm on
which we now reside, situate in Brown Township Delaware
County Ohio, containing fifteen and 3/4 acres of land during
her natural life; and all the stock and personal property
and effects that I may own at my decease.
I also devise and bequeath to my said wife (Ann M. Baker)
during her natural life, my Executor hereafter named selling
enough to pay my just debts and funeral expenses.
Item 2d At the death of my said wife,I devise and be-
queath the above mentioned farm with all the personal property
and effects that may be left to my son William B. Baker
he however of the proceeds thereof shall pay to each of my
daughters the sum of twenty five dollars to-wit: Elizabeth
Comes, Sarah Parker and Hannah Baker within one year
after the death of my said wife.
I hereby nominate and appoint my son William B.
Baker, Executor of this my last will and testament.
In testimony hereof I have hereunto set my hand and seal
this 7th day of August AD 1870.
his
Ignatius x Baker {seal}
mark
Signed and acknowledged by said Ignatius Baker as his
last will and testament in our presence and signed by
us in his presence. Samuel Rogers.
Jacob F. Pettit.
(Testimony of Will)
The State of Ohio
Delaware County ss
In the matter of the last will and testament
of Ignatius Baker of Delaware County, deceased. We Samuel
Rogers and Jacob F. Pettit being duly sworn in open
Court this 20th day of Aug. AD 1870, depose and say that we
were present at the Execution of the last will and testament
of Ignatius Baker deceased of Brown Township, Delaware
County Ohio hereunto annexed, bearing date 7th day of
August, 1770; that we saw the said testator subscribe
said will, and heard him publish and declare the same
[corresponds to labeled page 94 of Will Records Vol. 5 1869-1876]
94
Record of the Last Will of Ignatius Baker, decd.
testament of Ignatius Baker deceased and be recorded as
such. And Wiliam B. Baker, the Executor named in
the will appeared and gave bond in the sum of One
Thousand dollars, with Enoch Baker and John Carnes as
his sureties, and the Court appoint John Heavelo, John Ekleberry
and appraises of the said Estate. Bond accepted
and letters issued. B C Waters
Probate Judge.
(Copy of the Will)
In the name of the Benevolent Father of all; I Ignatius
Baker 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, the farm on
which we now reside, situate in Brown Township Delaware
County Ohio, containing fifteen and 3/4 acres of land during
her natural life; and all the stock and personal property
and effects that I may own at my decease.
I also devise and bequeath to my said wife (Ann M. Baker)
during her natural life, my Executor hereafter named selling
enough to pay my just debts and funeral expenses.
Item 2d At the death of my said wife,I devise and be-
queath the above mentioned farm with all the personal property
and effects that may be left to my son William B. Baker
he however of the proceeds thereof shall pay to each of my
daughters the sum of twenty five dollars to-wit: Elizabeth
Comes, Sarah Parker and Hannah Baker within one year
after the death of my said wife.
I hereby nominate and appoint my son William B.
Baker, Executor of this my last will and testament.
In testimony hereof I have hereunto set my hand and seal
this 7th day of August AD 1870.
his
Ignatius x Baker {seal}
mark
Signed and acknowledged by said Ignatius Baker as his
last will and testament in our presence and signed by
us in his presence. Samuel Rogers.
Jacob F. Pettit.
(Testimony of Will)
The State of Ohio
Delaware County ss
In the matter of the last will and testament
of Ignatius Baker of Delaware County, deceased. We Samuel
Rogers and Jacob F. Pettit being duly sworn in open
Court this 20th day of Aug. AD 1870, depose and say that we
were present at the Execution of the last will and testament
of Ignatius Baker deceased of Brown Township, Delaware
County Ohio hereunto annexed, bearing date 7th day of
August, 1770; that we saw the said testator subscribe
said will, and heard him publish and declare the same
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 128)
Description
[page 128]
[corresponds to labeled page 95 of Will Records Vol. 5 1869-1876]
95
Record of the Last Will of Ignatius Baker, decd.
to be his last will and testament, and that the said
testator at the time of executing the same, was of full
age and of sound mind and memory and under no
restraint, and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other.
Samuel Rogers
Jacob F Pettit.
Sworn to and subscribed before me this 20th day of Aug.
Ad 1870.
B. C. Waters
Probate Judge
________________________________________________________________
Record of the Last Will of Joel Z. Mendenhall, decd
Proceedings had before the Hon B C Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 31st day of Aug. 1870.
Thereupon towit on the said 31st day of Aug 1870, the
following order was made in the Journal as follows towit
August 31st 1870.
Will and Estate of Joel Z. Mendenhall, decd
This day the last will and testament of Joel Z Mendenhall
deceased was presented for probate and record: whereupon James
N. Stark, one of the subscribing witnsses there to come into Court
and was 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 John Lindenberger, the other subscribing
witness thereto has since deceased. The said James N. Stark was
examined And his testimony reduced to writing to prove the
signing of and the signature to the said will of the said
John Lindenbarger And is also attached to the will. And it
appearing to the Court that said will was duly executed and
attested and that the said testator Joel Z. Mendenhall was
at the time of Executing the same of sound mind and memory
and of full age and under no restraint: It is therefore Consistent
and ordered that the said will be admitted to Probate and
Record as duly proved as the last will and testament of the
said Joel Z. Mendenhall deceased. And be recorded as such
And thereupon, Oliver Stark the Executor named in the will gave
bond in the sum of $3000# with James N. Stark and William
Brown as his surities. And the Court appoint Harry Hazlet and
James N. Stark and Septer Stark, as appraisers. Bond accepted
and letters issued etc
BC Waters
Probate Judge
[corresponds to labeled page 95 of Will Records Vol. 5 1869-1876]
95
Record of the Last Will of Ignatius Baker, decd.
to be his last will and testament, and that the said
testator at the time of executing the same, was of full
age and of sound mind and memory and under no
restraint, and that we signed the same as witnesses at
his request and in his presence and in the presence of
each other.
Samuel Rogers
Jacob F Pettit.
Sworn to and subscribed before me this 20th day of Aug.
Ad 1870.
B. C. Waters
Probate Judge
________________________________________________________________
Record of the Last Will of Joel Z. Mendenhall, decd
Proceedings had before the Hon B C Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 31st day of Aug. 1870.
Thereupon towit on the said 31st day of Aug 1870, the
following order was made in the Journal as follows towit
August 31st 1870.
Will and Estate of Joel Z. Mendenhall, decd
This day the last will and testament of Joel Z Mendenhall
deceased was presented for probate and record: whereupon James
N. Stark, one of the subscribing witnsses there to come into Court
and was 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 John Lindenberger, the other subscribing
witness thereto has since deceased. The said James N. Stark was
examined And his testimony reduced to writing to prove the
signing of and the signature to the said will of the said
John Lindenbarger And is also attached to the will. And it
appearing to the Court that said will was duly executed and
attested and that the said testator Joel Z. Mendenhall was
at the time of Executing the same of sound mind and memory
and of full age and under no restraint: It is therefore Consistent
and ordered that the said will be admitted to Probate and
Record as duly proved as the last will and testament of the
said Joel Z. Mendenhall deceased. And be recorded as such
And thereupon, Oliver Stark the Executor named in the will gave
bond in the sum of $3000# with James N. Stark and William
Brown as his surities. And the Court appoint Harry Hazlet and
James N. Stark and Septer Stark, as appraisers. Bond accepted
and letters issued etc
BC Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 129)
Description
[page 129]
[corresponds to labeled page 96 of Will Records Vol. 5 1869-1876]
96
Record of the Last Will of Joel Z Mendenhall, dec.
Copy of the Will.
In the name of the Benevolent Father of all: I Joel Z.
Mendenhall of Porter Township, Delaware County Ohio, being of
sound mind and memory, do make and publish this my
last will and testament.
First: It is my will that my debts and charges be paid
out of my Estate.
Second: I will and bequeath to my beloved wife all my goods
and chattels, Household and Kitchen furnatures, Beds, Bedding
wearing apparel, Books, farm tools, Horse buggy, light wagon, mathe-
matical instruments, mechanical instruments, watch, silver, [illegible]
Dishes, Paintings, and all the loose property that I may be possessed
of at my decease, including Hogs & Cattle, Rifle-guns and all and
singular the tools pertaining to farming and mechanical business, to her
own proper use and benefit forever to dispose of as she may deem
best to her own benefit.
Third: I also bequeath to (my wife) all monies and Credits, rents
and incomes that may due and becoming due to my at my decease
and often, to her use and support during her natural life. And
I also bequeath to her during her natural life the use of the un-
divided one Eighth part of a tract of land of two Thousand acres
(my portion divided by her helf situate, lying and being in Randolph
County in Western Virginia. Also our Lot NW 61 former number (19) in
Bamford & Sweetsens Addition to the Town of Delaware Delaware
County Ohio - containing 3 70/100 acres of land. Also lot No. 31 & 32
in the Village of Olive Green in Porter Township in said County
Ohio with the rents and profits devised or that may be derived therefrom
during her natural life And if the rents, dues, profits and incomes
should prove insufficient to her comfort and support during her
natural life, then and in that Case, I will and request that the
aforesaid land in Western Virginia, be sold for that purpose and
if such sale should prove inadequate to her support, then Lot No
61 aforesaid, I wish may be sold and the proceeds applied to her
maintenance and support and comfort during her natural life-
I also bequeath to her (my wife) the house and lot on which we now
reside. It being lot number 32 in the Village of Olive Green aforesaid
for her to dwell in so long as she may live. If at the decease of my
wife there should be any monies or portion of them, credits, rents or
income remain unexpended, or if Expended and any portion of
the land and Lots aforesaid should remain unexpended, then
in that Case, I will bequeath said residue as follows: to wit:
I will and bequeath to Louisa M. Farver, wife of Peter Farver Jun.
who now resides in Gratiot County Mich. the equal one half part of
said residue, and to Ellen M. Davis Mendenhall, my adopted
daughter (who now resides with us) the one equal half part of
said residue. The said lots or residue thereof to be sold at private
sale, and the residue of money, Credits, rents & income, if any,
[corresponds to labeled page 96 of Will Records Vol. 5 1869-1876]
96
Record of the Last Will of Joel Z Mendenhall, dec.
Copy of the Will.
In the name of the Benevolent Father of all: I Joel Z.
Mendenhall of Porter Township, Delaware County Ohio, being of
sound mind and memory, do make and publish this my
last will and testament.
First: It is my will that my debts and charges be paid
out of my Estate.
Second: I will and bequeath to my beloved wife all my goods
and chattels, Household and Kitchen furnatures, Beds, Bedding
wearing apparel, Books, farm tools, Horse buggy, light wagon, mathe-
matical instruments, mechanical instruments, watch, silver, [illegible]
Dishes, Paintings, and all the loose property that I may be possessed
of at my decease, including Hogs & Cattle, Rifle-guns and all and
singular the tools pertaining to farming and mechanical business, to her
own proper use and benefit forever to dispose of as she may deem
best to her own benefit.
Third: I also bequeath to (my wife) all monies and Credits, rents
and incomes that may due and becoming due to my at my decease
and often, to her use and support during her natural life. And
I also bequeath to her during her natural life the use of the un-
divided one Eighth part of a tract of land of two Thousand acres
(my portion divided by her helf situate, lying and being in Randolph
County in Western Virginia. Also our Lot NW 61 former number (19) in
Bamford & Sweetsens Addition to the Town of Delaware Delaware
County Ohio - containing 3 70/100 acres of land. Also lot No. 31 & 32
in the Village of Olive Green in Porter Township in said County
Ohio with the rents and profits devised or that may be derived therefrom
during her natural life And if the rents, dues, profits and incomes
should prove insufficient to her comfort and support during her
natural life, then and in that Case, I will and request that the
aforesaid land in Western Virginia, be sold for that purpose and
if such sale should prove inadequate to her support, then Lot No
61 aforesaid, I wish may be sold and the proceeds applied to her
maintenance and support and comfort during her natural life-
I also bequeath to her (my wife) the house and lot on which we now
reside. It being lot number 32 in the Village of Olive Green aforesaid
for her to dwell in so long as she may live. If at the decease of my
wife there should be any monies or portion of them, credits, rents or
income remain unexpended, or if Expended and any portion of
the land and Lots aforesaid should remain unexpended, then
in that Case, I will bequeath said residue as follows: to wit:
I will and bequeath to Louisa M. Farver, wife of Peter Farver Jun.
who now resides in Gratiot County Mich. the equal one half part of
said residue, and to Ellen M. Davis Mendenhall, my adopted
daughter (who now resides with us) the one equal half part of
said residue. The said lots or residue thereof to be sold at private
sale, and the residue of money, Credits, rents & income, if any,
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 130)
Description
[Page 130]
[Corresponds to labeled page 97 of Will Records Vol. 5 1869-1876]
97
Record of the Last Will of Joel Z. Mendenhall. dec-
and the process of sale to be by some honest judicious person (selected
by the Court of Probate as Trustee) invested in Bond or Stocks, the interest
or income from said stocks to go to the use and benefit of said Louisa
M. Farver and Ellen M. Davis Mendenhall equally at such time as the
said monies become due - If the said Louisa M. Farver should have issue
then at her death, her portion must revert to her Children Equally. But
if she should die having no issue, then her portion of the said residue
of the Estate to be apportioned amongst the five Children of my Brother
B. Franklin Mendenhall of the City of Philadelphia Penn, as
follows: To his Eldest daughter Lizzie Mendenhall one equal forth
part. To his second daughter, Mary Mendenhall, one Equal fourth
part. To his third daughter Maggie Mendenhall one Equal fourth
part, and to his youngest child or Franklin Mendenhall, one Equal
fourth part and to their heirs forever.
If the said Ellen M. Davis Mendenhall should die having
lawful issue, then her Equal portion shall revert to her Children Equally,
But if she should die leaving no Children, then the Equal one half
part of her portion of said Estate shall revert to my sister, Mary M.
Sheppard, wife of Josiah Foster Sheppard of the City of Philadelphia
Penn, and the other Equal one half part of the said Ellen M. ^D Men-
denhall's portion of said Estate, shall revert to Zaiden Mendenhall
youngest daughter of my brother Phillip Mendenhall late of
the City of Philadelphia Penn. In Case it should become necessary
to sell any portion of the said lands, I hereby Authorize and
Empower my Executor or Executrix to convey the same by deed of
Quit Claim or in fee simple. And I do hereby Constitute and ap-
point Oliver Stark, Executor and my beloved wife Eliza A Mendenhall
Executrix of this my last will and testament.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and seal
this day of May in the year 1866.
Joel Z. Mendenhall
Signed and acknowledged by said Joel Z. Mendenhall, as his
last will and testament, in our presence and signed by us in
his presence John Lindenburger
J. N. Stark
(Proof of Will)
The State of Ohio
Delaware County ss.
In the matter of the last will and
testament of Joel Z. Mendenhall deceased, late of Porter
Township Delaware County, Ohio.
I James N Stark being duly sworn in open Court this
the 31st day of August AD 1870 deposeth and sayeth that
I was present at the Execution of the last will and testament
of Joel Z. Mendenhall of Delaware County hereunto annexed
bearing date May the 1866; That I saw said testator
subscribe said will and heard him publish and declare
[Corresponds to labeled page 97 of Will Records Vol. 5 1869-1876]
97
Record of the Last Will of Joel Z. Mendenhall. dec-
and the process of sale to be by some honest judicious person (selected
by the Court of Probate as Trustee) invested in Bond or Stocks, the interest
or income from said stocks to go to the use and benefit of said Louisa
M. Farver and Ellen M. Davis Mendenhall equally at such time as the
said monies become due - If the said Louisa M. Farver should have issue
then at her death, her portion must revert to her Children Equally. But
if she should die having no issue, then her portion of the said residue
of the Estate to be apportioned amongst the five Children of my Brother
B. Franklin Mendenhall of the City of Philadelphia Penn, as
follows: To his Eldest daughter Lizzie Mendenhall one equal forth
part. To his second daughter, Mary Mendenhall, one Equal fourth
part. To his third daughter Maggie Mendenhall one Equal fourth
part, and to his youngest child or Franklin Mendenhall, one Equal
fourth part and to their heirs forever.
If the said Ellen M. Davis Mendenhall should die having
lawful issue, then her Equal portion shall revert to her Children Equally,
But if she should die leaving no Children, then the Equal one half
part of her portion of said Estate shall revert to my sister, Mary M.
Sheppard, wife of Josiah Foster Sheppard of the City of Philadelphia
Penn, and the other Equal one half part of the said Ellen M. ^D Men-
denhall's portion of said Estate, shall revert to Zaiden Mendenhall
youngest daughter of my brother Phillip Mendenhall late of
the City of Philadelphia Penn. In Case it should become necessary
to sell any portion of the said lands, I hereby Authorize and
Empower my Executor or Executrix to convey the same by deed of
Quit Claim or in fee simple. And I do hereby Constitute and ap-
point Oliver Stark, Executor and my beloved wife Eliza A Mendenhall
Executrix of this my last will and testament.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and seal
this day of May in the year 1866.
Joel Z. Mendenhall
Signed and acknowledged by said Joel Z. Mendenhall, as his
last will and testament, in our presence and signed by us in
his presence John Lindenburger
J. N. Stark
(Proof of Will)
The State of Ohio
Delaware County ss.
In the matter of the last will and
testament of Joel Z. Mendenhall deceased, late of Porter
Township Delaware County, Ohio.
I James N Stark being duly sworn in open Court this
the 31st day of August AD 1870 deposeth and sayeth that
I was present at the Execution of the last will and testament
of Joel Z. Mendenhall of Delaware County hereunto annexed
bearing date May the 1866; That I saw said testator
subscribe said will and heard him publish and declare
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 131)
Description
[Page 131]
[Corresponds to labeled page 98 of Will Records Vol. 5 1869-1876]
98
Record of the Last Will of Joel Z. Mendenhall, dec.
the same to be his last will and testament, and that
the said testator at the time of executing the same
was of full age and of sound mind and memory &
not under any restraint and that I signed the same as
a witness at his request and in his presence. And I the
said James N Stark upon my oath, say further that the
said John Lindenburger, the other witness to said will
who now is deceased, who departed this life in Sept. 1869 and
that the signature of the said John Lindenburger to said
will is genuine and that he signed said will in the presence
of said testator and at his request and also he signed said
will in the presence of this affiant and that Each of the
subscribing witnesses signed said will in the presence of each
other and at the request of the testator.
J.N. Stark {seal}
Sworn to and subscribed before me this 31st day of Aug.
A.D. 1870.
B C Waters
Probate Judge
Record of the Last Will of Caty Curtiss, deceased
Proceedings had before the Hon B. C Waters, Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Del-
aware on the 24th day of September A.D. 1870.
and thereupon afterward on the aforesaid day, the following
order was made in the Journal as follows towit: viz:
Will and Estate of Caty Curtiss
This day the last will and testament of Caty Curtiss deceased
was presented for probate and record, whereupon W.E. Cox and E.
Phillips two of the subscribing witnesses thereto came, 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
and that the said testator, Caty Curtiss, was at the time of executing
the same of ful age and of sound mind and memory and not
under any restraint. It is therefore considered and ordered that the
said will be admitted to Probate & Record as duly proved as the
last will and testament of Caty Curtiss deceased, and be recorded
as such. Oh letters issued in this case.
B.C. Waters
Probate Judge
(Copy of Will)
In the name of the Father of Mercies, I Caty Curtiss of feeble
health, but of sound mind and memory, do make, publish &
[Corresponds to labeled page 98 of Will Records Vol. 5 1869-1876]
98
Record of the Last Will of Joel Z. Mendenhall, dec.
the same to be his last will and testament, and that
the said testator at the time of executing the same
was of full age and of sound mind and memory &
not under any restraint and that I signed the same as
a witness at his request and in his presence. And I the
said James N Stark upon my oath, say further that the
said John Lindenburger, the other witness to said will
who now is deceased, who departed this life in Sept. 1869 and
that the signature of the said John Lindenburger to said
will is genuine and that he signed said will in the presence
of said testator and at his request and also he signed said
will in the presence of this affiant and that Each of the
subscribing witnesses signed said will in the presence of each
other and at the request of the testator.
J.N. Stark {seal}
Sworn to and subscribed before me this 31st day of Aug.
A.D. 1870.
B C Waters
Probate Judge
Record of the Last Will of Caty Curtiss, deceased
Proceedings had before the Hon B. C Waters, Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Del-
aware on the 24th day of September A.D. 1870.
and thereupon afterward on the aforesaid day, the following
order was made in the Journal as follows towit: viz:
Will and Estate of Caty Curtiss
This day the last will and testament of Caty Curtiss deceased
was presented for probate and record, whereupon W.E. Cox and E.
Phillips two of the subscribing witnesses thereto came, 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
and that the said testator, Caty Curtiss, was at the time of executing
the same of ful age and of sound mind and memory and not
under any restraint. It is therefore considered and ordered that the
said will be admitted to Probate & Record as duly proved as the
last will and testament of Caty Curtiss deceased, and be recorded
as such. Oh letters issued in this case.
B.C. Waters
Probate Judge
(Copy of Will)
In the name of the Father of Mercies, I Caty Curtiss of feeble
health, but of sound mind and memory, do make, publish &
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 132)
Description
[Page 132]
[Corresponds to labeled page 99 of Will Records Vol. 5 1869-1876]
99
Record of the Last Will of Caty Curtiss, deceased --
declare this my last will and testament.
Item 1st I give and bequeath to Lucy Keeler, a grandchild of
mine, a good bed bedding and what is necessary to furnish the
same.
Item 2d I give and bequeath to my daughter Emily, all my personal
property of every description to be for her sole use and benefit to
despose of as she shall Judge proper, for her own use and benefit.
In witness whereof I have hereunto set my hand &
seal this 9th day of November A.D. 1870.
Caty Curtiss {seal}
Signed by Caty Curtiss in our presence and witnessed by as in
her presence and at her request.
Henry Hodgden }
W.E. Cox }
E. Phillips }
The State of Ohio }
Delaware County }
In the matter of the last will and testament
of Caty Curtiss of Genoa Township Delaware County O.
deceased. We W.E. Cox and E. Phillips, being duly sworn in
open Court this 24th day of Sept. AD 1870, depose and say that
we were present at the Execution of the last will and testament
of Caty Curtiss of Genoa Township Delaware County Ohio, hereunto
annexed & bearing date 9th day of November 1869, that we saw
the said testator subscribe said will and heard her publish &
declare the same to be her 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 her
request and in her presence and in the presence of each other.
W.E. Phillips
W.E. Cox
Sworn to and subscribed before me in the Probate Court this
24th day of Sept A.D. 1870.
B.C. Waters
Probate Judge
[Corresponds to labeled page 99 of Will Records Vol. 5 1869-1876]
99
Record of the Last Will of Caty Curtiss, deceased --
declare this my last will and testament.
Item 1st I give and bequeath to Lucy Keeler, a grandchild of
mine, a good bed bedding and what is necessary to furnish the
same.
Item 2d I give and bequeath to my daughter Emily, all my personal
property of every description to be for her sole use and benefit to
despose of as she shall Judge proper, for her own use and benefit.
In witness whereof I have hereunto set my hand &
seal this 9th day of November A.D. 1870.
Caty Curtiss {seal}
Signed by Caty Curtiss in our presence and witnessed by as in
her presence and at her request.
Henry Hodgden }
W.E. Cox }
E. Phillips }
The State of Ohio }
Delaware County }
In the matter of the last will and testament
of Caty Curtiss of Genoa Township Delaware County O.
deceased. We W.E. Cox and E. Phillips, being duly sworn in
open Court this 24th day of Sept. AD 1870, depose and say that
we were present at the Execution of the last will and testament
of Caty Curtiss of Genoa Township Delaware County Ohio, hereunto
annexed & bearing date 9th day of November 1869, that we saw
the said testator subscribe said will and heard her publish &
declare the same to be her 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 her
request and in her presence and in the presence of each other.
W.E. Phillips
W.E. Cox
Sworn to and subscribed before me in the Probate Court this
24th day of Sept A.D. 1870.
B.C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 133)
Description
[page 133]
[corresponds to labeled page 100 of Will Records Vol. 5 1869-1876]
100
Record of the Last Will of Orr Carpenter, decd.
Proceedings have before the Hon B C Waters Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 24th day of Sept. A.D. 1870.
And afterward to-wit on the aforesaid day the following
order was made in the Journal as follows to-wit,
Will and Estate of Orr Carpenter deceased -
On this day the last will and testament of Orr Carpenter decd.
was presented for probate and record, whereupon Jay Dyer and
Ransom Havens two of the subscribing witnesses thereto, 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 Ex-
ecuted and that the said testator Orr Carpenter deceased was
of full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered that the
said will be admitted to probate and record ^as duly proved as the last will
and testament of Orr Carpenter deceased, and be recorded as
such
BC Waters
Probate Judge.
(Copy of Will.)
In the name of the Benevolent Father of all: I Orr Carpenter
being in feeble health, but of sound mind do make and publish
this my last will and testament.
Item 1st It is my will that all my just debts and legal claims
against my estate be fully paid.
Item 2d I devise and bequeath to my wife, Almira Carpenter
all the Real Estate that I may own at my decease this to include
all that may appertain to the same. Also all my personal
property that may remain after the legal demands are fully paid
Item 3d If my Executor shall be under the necessity of selling
real estate to pay legal claims against my Estate, I hereby au-
thorize and empower him to sell as much as may be necessary to
either at public or private sale as may be for the best interest of
of my Estate and the portion shall be selected so as to do as
little injury to the balance of the estate as possible.
Item 4th
I authorize and empower my executor to compromise &
comprehend any and all debts and demands that may be
due the state or that I may owe.
Item 5th As I have given all real and personable property
that I may own at my decease to my wife, it is my request, desire
and, hereby enjoin on my wife to provide for schooling and taking
necessary care of my minor children who are to have a home with
her (if they use her well) during their minority,
[corresponds to labeled page 100 of Will Records Vol. 5 1869-1876]
100
Record of the Last Will of Orr Carpenter, decd.
Proceedings have before the Hon B C Waters Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 24th day of Sept. A.D. 1870.
And afterward to-wit on the aforesaid day the following
order was made in the Journal as follows to-wit,
Will and Estate of Orr Carpenter deceased -
On this day the last will and testament of Orr Carpenter decd.
was presented for probate and record, whereupon Jay Dyer and
Ransom Havens two of the subscribing witnesses thereto, 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 Ex-
ecuted and that the said testator Orr Carpenter deceased was
of full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered that the
said will be admitted to probate and record ^as duly proved as the last will
and testament of Orr Carpenter deceased, and be recorded as
such
BC Waters
Probate Judge.
(Copy of Will.)
In the name of the Benevolent Father of all: I Orr Carpenter
being in feeble health, but of sound mind do make and publish
this my last will and testament.
Item 1st It is my will that all my just debts and legal claims
against my estate be fully paid.
Item 2d I devise and bequeath to my wife, Almira Carpenter
all the Real Estate that I may own at my decease this to include
all that may appertain to the same. Also all my personal
property that may remain after the legal demands are fully paid
Item 3d If my Executor shall be under the necessity of selling
real estate to pay legal claims against my Estate, I hereby au-
thorize and empower him to sell as much as may be necessary to
either at public or private sale as may be for the best interest of
of my Estate and the portion shall be selected so as to do as
little injury to the balance of the estate as possible.
Item 4th
I authorize and empower my executor to compromise &
comprehend any and all debts and demands that may be
due the state or that I may owe.
Item 5th As I have given all real and personable property
that I may own at my decease to my wife, it is my request, desire
and, hereby enjoin on my wife to provide for schooling and taking
necessary care of my minor children who are to have a home with
her (if they use her well) during their minority,
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 134)
Description
[page 134]
[corresponds to labeled page 101 of Will Records Vol. 5 1869-1876]
101
Record of the Last Will of Orr Carpenter, deceased --
Item 6th I hereby nominate and appoint my wife Almira
Carpenter Executrix of this my last will and testament revoking
any and all other wills by me made at any former time.
In testimony whereof I have hereunto set my hand &
seal this 18th day of August A.D. 1870. his
Orr x Carpenter
mark
Executed in the presence of us, and signed by us in his presence
and at his request,
Jay Dyer }
Ransom Havens }
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Orr Carpenter, late of Delaware County, deceased - We Jay
Dyer and Ransom Havens being duly sworn in open court
this 24th day of August AD 1870, depose and say that we were
present at the execution of the last will and testament of Orr
Carpenter of Berkshire Township, hereunto annexed, bearing
date 18th day of August AD 1870: 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 under no restraint, &
that we signed the same as witnesses at his request and in
his presence and in the presence of each other.
Jay Dyer,
Ransom Havens.
Sworn to and subscribed before me, in the Probate Court, this
24th day of Sept. AD 1870.
B. C. Waters
Probate Judge
[corresponds to labeled page 101 of Will Records Vol. 5 1869-1876]
101
Record of the Last Will of Orr Carpenter, deceased --
Item 6th I hereby nominate and appoint my wife Almira
Carpenter Executrix of this my last will and testament revoking
any and all other wills by me made at any former time.
In testimony whereof I have hereunto set my hand &
seal this 18th day of August A.D. 1870. his
Orr x Carpenter
mark
Executed in the presence of us, and signed by us in his presence
and at his request,
Jay Dyer }
Ransom Havens }
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Orr Carpenter, late of Delaware County, deceased - We Jay
Dyer and Ransom Havens being duly sworn in open court
this 24th day of August AD 1870, depose and say that we were
present at the execution of the last will and testament of Orr
Carpenter of Berkshire Township, hereunto annexed, bearing
date 18th day of August AD 1870: 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 under no restraint, &
that we signed the same as witnesses at his request and in
his presence and in the presence of each other.
Jay Dyer,
Ransom Havens.
Sworn to and subscribed before me, in the Probate Court, this
24th day of Sept. AD 1870.
B. C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 135)
Description
[page 135]
[corresponds to labeled page 102 of Will Records Vol. 5 1869-1876]
102
Record of the Last Will of Jane McIntire, decd -
Proceedings had before the Hon B C Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town of
Delaware on the 1st day of Ocotber AD 1870.
and afterward to-wit on the aforesaid day the following order
was made in the Journal as follows, viz: -
Will and Estate of Jane McIntire, deceased -
On this day the last will and testament of Jane McIntire
deceased, was presented for probate and record, and it appearing
to the Court that the subscribing witnesses thereto reside in Cham-
paign County, a commission was issued to T.S. Chenney, a
notary Public within and for said County, to take the testimony
of Joseph Wilkinson and Richard Cook, which commission was
returned with the testimony of Joseph Wilkinson, one of the sub-
scribing witnesses thereto. And it further appear from the testimony
of Joseph Wilkinson that Richard Cook place of residence is
unknown, the testimony of Joseph Wilkinson one of the subscribing
witnesses thereto who was duly sworn says that he also saw he
said Richard Cook subscribe the said will as one of the witnesses
thereto, his testimony ordered to writing his testimony reduced to
writing and annexed to the will. And it appearing to the Court
that the said will was duly executed and attested and that the
said testator Jane McIntire was at the time of Executing the same
of full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered, that the
said will be admitted to probate and record as duly proven as
the last will and testament of Jane McIntire deceased - and be re-
corded as such. And it appearing to the Court that Caleb Barrett
the Executor named in the will has since deceased and that
Joseph Wilkinson the other Executor so named declines to act
as such, the Court appoint William Henry Dilsaver as administrator
with the will annexed, The administrator gave bonds in
the sum of Two Thousand dollars, with George T. Dilsaver
and Nicholas Money, his sureties, and the Curt also appoint
Nicholas Money Geo. Thorton Dilsaver and Jacob Hoskins
as appraisers --
B. C Water
Probate Judge
(Copy of Will.)
In the name of the Benevolent Father of all, I Jane McIntire
of the County of Clark and State of Ohio do make this
my last will and testament in name and form following, that
is to say:
First it is my will that my funeral expenses and my Just
debts be fully paid.
Second it is my will that my Executor or Executors shall sell
at private or public sale, as they may think best, either for
[corresponds to labeled page 102 of Will Records Vol. 5 1869-1876]
102
Record of the Last Will of Jane McIntire, decd -
Proceedings had before the Hon B C Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town of
Delaware on the 1st day of Ocotber AD 1870.
and afterward to-wit on the aforesaid day the following order
was made in the Journal as follows, viz: -
Will and Estate of Jane McIntire, deceased -
On this day the last will and testament of Jane McIntire
deceased, was presented for probate and record, and it appearing
to the Court that the subscribing witnesses thereto reside in Cham-
paign County, a commission was issued to T.S. Chenney, a
notary Public within and for said County, to take the testimony
of Joseph Wilkinson and Richard Cook, which commission was
returned with the testimony of Joseph Wilkinson, one of the sub-
scribing witnesses thereto. And it further appear from the testimony
of Joseph Wilkinson that Richard Cook place of residence is
unknown, the testimony of Joseph Wilkinson one of the subscribing
witnesses thereto who was duly sworn says that he also saw he
said Richard Cook subscribe the said will as one of the witnesses
thereto, his testimony ordered to writing his testimony reduced to
writing and annexed to the will. And it appearing to the Court
that the said will was duly executed and attested and that the
said testator Jane McIntire was at the time of Executing the same
of full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered, that the
said will be admitted to probate and record as duly proven as
the last will and testament of Jane McIntire deceased - and be re-
corded as such. And it appearing to the Court that Caleb Barrett
the Executor named in the will has since deceased and that
Joseph Wilkinson the other Executor so named declines to act
as such, the Court appoint William Henry Dilsaver as administrator
with the will annexed, The administrator gave bonds in
the sum of Two Thousand dollars, with George T. Dilsaver
and Nicholas Money, his sureties, and the Curt also appoint
Nicholas Money Geo. Thorton Dilsaver and Jacob Hoskins
as appraisers --
B. C Water
Probate Judge
(Copy of Will.)
In the name of the Benevolent Father of all, I Jane McIntire
of the County of Clark and State of Ohio do make this
my last will and testament in name and form following, that
is to say:
First it is my will that my funeral expenses and my Just
debts be fully paid.
Second it is my will that my Executor or Executors shall sell
at private or public sale, as they may think best, either for
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 136)
Description
[page 136]
[corresponds to labeled page 103 of Will Records Vol. 5 1869-1876]
103
Record of the Last Will of Jane McIntire, dec-
ready money down, or upon such credit as they may think proper
all the real Estate in which I am possessed of the County
of Clark and State of Ohio. Bounded and described as
follows (viz) being part of fractional section no. twelve (12)
of Town six (6) Range nine (9) deeded to me by John W. Dide
bearing date June 21st 1839 and also a lot of land of ten acres
deeded to me by Jos. Wilkinson in Range ten (10) Township
six (6) section seven (7) lying on the Pleasant township line
adjoining the former lot on the North -
Third It it is my will, after paying off the aforesaid debts
that the money arising from the sale of the said lands shall
with exception of one dollar, be equally divided between the
following persons or in the case of any of their deaths amongst
their legal heirs (viz) John Kirk, my brother and George
Eyston, my brother in-law, James Blue & Brinkly Reid my
two brother in-laws -
Fourth - I give and bequeath unto Joseph Blue my brother in-
law one dollar as mentioned above their heirs and assigns
forever.
Lastly, I hereby constitute and appoint my neighbor Caleb
Barrett to be the Executor of this my last will and tes-
tament; But in case of Caleb Barretts death, in capacity
or refusal to Execute the same, I hereby constitute and
appoint my neighbor Joseph Wilkinson to be the executor
of this my last will and testament -
In testimony whereof, I have hereunto set my hand
and seal this 9th day of Feb. AD 1848 -
Her
Jane x McIntire {seal}
Mark
Signed published and declared }
by the above named Jane McIntire }
as and for her last will and testament }
in presence of us, who at her request have}
signed as witnesses to the same }
Joseph Wilkinson
Richard Cook
(Copy of Commission)
The State of Ohio }
Delaware County ss }
To T.S. Chenney
Greeting:
Know ye, That we, in confidence of your prudence &
fidelity, have appointed you, and by these presence do
give you full power to examine and take the deposition
of Joseph Wilkinson and Richard Cook, subscribing
witnesses to the last will and testament of Jane McIntire
hereinto annexed, late of the County of Delaware in the
state of Ohio, deceased, and therefore we command you
[corresponds to labeled page 103 of Will Records Vol. 5 1869-1876]
103
Record of the Last Will of Jane McIntire, dec-
ready money down, or upon such credit as they may think proper
all the real Estate in which I am possessed of the County
of Clark and State of Ohio. Bounded and described as
follows (viz) being part of fractional section no. twelve (12)
of Town six (6) Range nine (9) deeded to me by John W. Dide
bearing date June 21st 1839 and also a lot of land of ten acres
deeded to me by Jos. Wilkinson in Range ten (10) Township
six (6) section seven (7) lying on the Pleasant township line
adjoining the former lot on the North -
Third It it is my will, after paying off the aforesaid debts
that the money arising from the sale of the said lands shall
with exception of one dollar, be equally divided between the
following persons or in the case of any of their deaths amongst
their legal heirs (viz) John Kirk, my brother and George
Eyston, my brother in-law, James Blue & Brinkly Reid my
two brother in-laws -
Fourth - I give and bequeath unto Joseph Blue my brother in-
law one dollar as mentioned above their heirs and assigns
forever.
Lastly, I hereby constitute and appoint my neighbor Caleb
Barrett to be the Executor of this my last will and tes-
tament; But in case of Caleb Barretts death, in capacity
or refusal to Execute the same, I hereby constitute and
appoint my neighbor Joseph Wilkinson to be the executor
of this my last will and testament -
In testimony whereof, I have hereunto set my hand
and seal this 9th day of Feb. AD 1848 -
Her
Jane x McIntire {seal}
Mark
Signed published and declared }
by the above named Jane McIntire }
as and for her last will and testament }
in presence of us, who at her request have}
signed as witnesses to the same }
Joseph Wilkinson
Richard Cook
(Copy of Commission)
The State of Ohio }
Delaware County ss }
To T.S. Chenney
Greeting:
Know ye, That we, in confidence of your prudence &
fidelity, have appointed you, and by these presence do
give you full power to examine and take the deposition
of Joseph Wilkinson and Richard Cook, subscribing
witnesses to the last will and testament of Jane McIntire
hereinto annexed, late of the County of Delaware in the
state of Ohio, deceased, and therefore we command you
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 137)
Description
[page 137]
[corresponds to labeled page 104 of Will Records Vol. 5 1869-1876]
104
Record of the Last Will of Jane McIntire.
that at certain days and places appointed by you, you
cause the said Joseph Wilkinson and Richard Cook to be
brought before you, and then and then there to examined them on
oath or affirmation first taken before you touching the Ex-
ecution of said will of the said Jane McIntire, and that
you reduce the same to writing, and return the same, together
with this Commission and the will of the said Jane McIntire
wthereto annexed, Closed up under your seal, into our said
Probate Court with all Convenient speed.
In testimony whereof, I, B C Waters Judge of the said Court
have hereunto set my hand and affixed the seal of said
Court, at Delaware this 20th day of Sept. A.D. 1870.
B C Waters
Probate Judge.
(Testimony of Witness to Will)
In the matter of the last will and testament of Jane
McIntire,
I, T. S. Chenney a Notary Public in and for the
County of Champaign and State of Ohio duly appointed &
commissioned by the Judge of the Probate Court of the County
of Delaware, in the State of Ohio, to take the testimony of
Joseph Wilkinson and Richard Cook, The subscribing witnesses
of the last will and testament of Jane McIntire, deceased -
late resident of said County of Delaware in the State of Ohio
which commission and the said will are hereunto annexed -
do hereby Certify, that in pursuance of said Commission, I
caused Joseph Wilkinson said subscribing witness aforesaid
to come personally before me, at my office,in Mechanicsburg
Champain County, Ohio, who being first duly sworn by me
according to law, to speak the truth, the whole truth, and nothing
but the truth, concerning and in relation to said will,
depose and say, that he was present at the making of said
will hereunto attached marked "A" and at the request of the
deceased subscribed his name to said will as witness in the
presence of the deceased and of each other: that he saw the said
Jane McIntire deceased, sign and seal said will, and heard her
acknowledge the same to be her last will and testament; that
the said Jane McIntire, 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 un-
lawful restraint whatsoever -- He also states that Richard Cook
was present and subscribed the same his name to said will to
the best of his belief and reccolections. Joseph Wilkinson
I T.S. Chunney Cheny a notary of and said Commission do
further testify that the said testimony was reduced to writing by myself
in the presence of said witness and subscribed by said witness in
my presence on this 28th day of Sept AD 1870 -- In testimony whereof
I have hereunto set my hand & affixed the seal this 28th day of Sept AD 1870
T.S. Cheney Comer
[corresponds to labeled page 104 of Will Records Vol. 5 1869-1876]
104
Record of the Last Will of Jane McIntire.
that at certain days and places appointed by you, you
cause the said Joseph Wilkinson and Richard Cook to be
brought before you, and then and then there to examined them on
oath or affirmation first taken before you touching the Ex-
ecution of said will of the said Jane McIntire, and that
you reduce the same to writing, and return the same, together
with this Commission and the will of the said Jane McIntire
wthereto annexed, Closed up under your seal, into our said
Probate Court with all Convenient speed.
In testimony whereof, I, B C Waters Judge of the said Court
have hereunto set my hand and affixed the seal of said
Court, at Delaware this 20th day of Sept. A.D. 1870.
B C Waters
Probate Judge.
(Testimony of Witness to Will)
In the matter of the last will and testament of Jane
McIntire,
I, T. S. Chenney a Notary Public in and for the
County of Champaign and State of Ohio duly appointed &
commissioned by the Judge of the Probate Court of the County
of Delaware, in the State of Ohio, to take the testimony of
Joseph Wilkinson and Richard Cook, The subscribing witnesses
of the last will and testament of Jane McIntire, deceased -
late resident of said County of Delaware in the State of Ohio
which commission and the said will are hereunto annexed -
do hereby Certify, that in pursuance of said Commission, I
caused Joseph Wilkinson said subscribing witness aforesaid
to come personally before me, at my office,in Mechanicsburg
Champain County, Ohio, who being first duly sworn by me
according to law, to speak the truth, the whole truth, and nothing
but the truth, concerning and in relation to said will,
depose and say, that he was present at the making of said
will hereunto attached marked "A" and at the request of the
deceased subscribed his name to said will as witness in the
presence of the deceased and of each other: that he saw the said
Jane McIntire deceased, sign and seal said will, and heard her
acknowledge the same to be her last will and testament; that
the said Jane McIntire, 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 un-
lawful restraint whatsoever -- He also states that Richard Cook
was present and subscribed the same his name to said will to
the best of his belief and reccolections. Joseph Wilkinson
I T.S. Chunney Cheny a notary of and said Commission do
further testify that the said testimony was reduced to writing by myself
in the presence of said witness and subscribed by said witness in
my presence on this 28th day of Sept AD 1870 -- In testimony whereof
I have hereunto set my hand & affixed the seal this 28th day of Sept AD 1870
T.S. Cheney Comer
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 138)
Description
[page 138]
[corresponds to labeled page 105 of Will Records Vol. 5 1869-1876]
105
Record of the Last Will of David Griffiths, deceased
Proceedings had before the Hon B C Waters, Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in the
Town of Delaware on the 5th day of November AD 1870.
The following, is the order made in the Journal on
the said 5th day of November AD 1870: as follows towit:
November 5th AD 1870.
Will and Estate of Daniel Griffiths, deceased --
This day the last will and testament of David Griffiths
deceased was presented for probate and record; whereupon David
G. Edwards and E. Abbott, the Subscribing witness, thereto 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 tes-
tator, David Griffiths, was at the time of Executing the same
of full age and of Sound Mind & Memory and not under
any restraint; it is therefore Considered & ordered that the said
will be admitted to probate and record as duly proved as
the last will and testament of the said David Griffiths deceased
and be recorded as such, and at the Same time came Thos.
D. Griffiths, one of the heirs of said David Griffiths deceased
and asked the Court to appoint David G. Edwards Ad-
ministrator of the Said Estate and on such Motion and
for cause shown, the said David G Edwards is so appointed
administrator with the will annexed. The said Administive
gave bonds in the sum of five thousand dollars ($5000) with
BC Waters
Probate Judge
Copy of the Will.
In the name of the Benevolent Father of all: I David
Griffiths of the County of Delaware and State of Ohio
do make and publish this my last will and testament --
Item First: I give and devise to my beloved wife, in lieu
of her dower, the Real Estate on which we now reside, in
the Town of Delhi (containing about three & three fourths
acres of land during her natural life, and all the stock,
Household goods & furniture provision & other goods and chat-
tles which may be thereon at the time of My decease during
her natural life as aforesaid, She however selling enough
thereof to pay all My Just debts-- I also give and bequeath to
My wife aforesaid forever Five Hundred dollars deposited with
the Deposit Banking Company, in Delaware Ohio --
At the death of my Said wife the real Estate aforesaid, I give
and devise the My Sons David Griffiths, William Griffiths and
Thomas D. Griffiths and My daughter Elizabeth Edwards
[corresponds to labeled page 105 of Will Records Vol. 5 1869-1876]
105
Record of the Last Will of David Griffiths, deceased
Proceedings had before the Hon B C Waters, Judge of
the Probate Court within and for the County of Delaware
and State of Ohio at his office in the Court House in the
Town of Delaware on the 5th day of November AD 1870.
The following, is the order made in the Journal on
the said 5th day of November AD 1870: as follows towit:
November 5th AD 1870.
Will and Estate of Daniel Griffiths, deceased --
This day the last will and testament of David Griffiths
deceased was presented for probate and record; whereupon David
G. Edwards and E. Abbott, the Subscribing witness, thereto 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 tes-
tator, David Griffiths, was at the time of Executing the same
of full age and of Sound Mind & Memory and not under
any restraint; it is therefore Considered & ordered that the said
will be admitted to probate and record as duly proved as
the last will and testament of the said David Griffiths deceased
and be recorded as such, and at the Same time came Thos.
D. Griffiths, one of the heirs of said David Griffiths deceased
and asked the Court to appoint David G. Edwards Ad-
ministrator of the Said Estate and on such Motion and
for cause shown, the said David G Edwards is so appointed
administrator with the will annexed. The said Administive
gave bonds in the sum of five thousand dollars ($5000) with
BC Waters
Probate Judge
Copy of the Will.
In the name of the Benevolent Father of all: I David
Griffiths of the County of Delaware and State of Ohio
do make and publish this my last will and testament --
Item First: I give and devise to my beloved wife, in lieu
of her dower, the Real Estate on which we now reside, in
the Town of Delhi (containing about three & three fourths
acres of land during her natural life, and all the stock,
Household goods & furniture provision & other goods and chat-
tles which may be thereon at the time of My decease during
her natural life as aforesaid, She however selling enough
thereof to pay all My Just debts-- I also give and bequeath to
My wife aforesaid forever Five Hundred dollars deposited with
the Deposit Banking Company, in Delaware Ohio --
At the death of my Said wife the real Estate aforesaid, I give
and devise the My Sons David Griffiths, William Griffiths and
Thomas D. Griffiths and My daughter Elizabeth Edwards
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 139)
Description
[page 139]
[corresponds to labeled page 106 of Will Records Vol. 5 1869-1876]
106
Record of the Last Will of David Griffiths, decd -
and Margaret Prichard, at Equal shares of if Either of my
aforesaid heirs should die before the decease of my said wife then
to descent to their heirs then living--
Item Second:
I give and devise to my granddaughter Mary
Prichard the Sum of Five Hundred dollars --
Item Fourth:
I give and devise to my daughter Mary Ashley
if now living the sum of Fifty dollars -
Item Third:
I give and devise to my grandson David Jeremy
the sum of Five Hundred dollars.
Item Fifth:
I give and devise to my sons David Griffiths
William Griffiths Thomas D. Griffiths and daughters Elizabeth
Edwards and Margaret Prichard the Sum of Nine Hundred
dollars Each; if however there should be anything remaining
after paying the legacies above mentioned, I give devise and bequeath
the Same at Equal Shares to the aforesaid David Griffiths, William
Griffiths, Thomas D. Griffiths Elizabeth Edwards and Margaret
Prichard.
I do hereby revoke all former wills by me made,
In testimony hereof I have hereunto Set my hand & seal this
12th day of September AD 1870.
David Griffiths {seal}
Signed and acknowledged by said David Griffiths as his
last will and testament in our presence and signed by us in
his presence --
E. Abbott
David Edwards.
Testimony of Will.
The State of Ohio }
Delaware County ss }
In the matter of David Griffiths of
Radner Township deceased, We E Abbott and David G. Edwards
being duly Sworn in open Court this 5th day of November Ad 1870, depose &
say that we were present at the Execution of the last will and testament
of David Griffiths deceased of Delaware County, hereunto annexed bearing
date 12th day of September 1870, 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 mine & 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.
E. Abbott
David G. Edwards
Sworn to & subscribed before me as the Probate Court this 5th day of
Nov. AD 1870 BC Waters Probate Judge
[corresponds to labeled page 106 of Will Records Vol. 5 1869-1876]
106
Record of the Last Will of David Griffiths, decd -
and Margaret Prichard, at Equal shares of if Either of my
aforesaid heirs should die before the decease of my said wife then
to descent to their heirs then living--
Item Second:
I give and devise to my granddaughter Mary
Prichard the Sum of Five Hundred dollars --
Item Fourth:
I give and devise to my daughter Mary Ashley
if now living the sum of Fifty dollars -
Item Third:
I give and devise to my grandson David Jeremy
the sum of Five Hundred dollars.
Item Fifth:
I give and devise to my sons David Griffiths
William Griffiths Thomas D. Griffiths and daughters Elizabeth
Edwards and Margaret Prichard the Sum of Nine Hundred
dollars Each; if however there should be anything remaining
after paying the legacies above mentioned, I give devise and bequeath
the Same at Equal Shares to the aforesaid David Griffiths, William
Griffiths, Thomas D. Griffiths Elizabeth Edwards and Margaret
Prichard.
I do hereby revoke all former wills by me made,
In testimony hereof I have hereunto Set my hand & seal this
12th day of September AD 1870.
David Griffiths {seal}
Signed and acknowledged by said David Griffiths as his
last will and testament in our presence and signed by us in
his presence --
E. Abbott
David Edwards.
Testimony of Will.
The State of Ohio }
Delaware County ss }
In the matter of David Griffiths of
Radner Township deceased, We E Abbott and David G. Edwards
being duly Sworn in open Court this 5th day of November Ad 1870, depose &
say that we were present at the Execution of the last will and testament
of David Griffiths deceased of Delaware County, hereunto annexed bearing
date 12th day of September 1870, 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 mine & 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.
E. Abbott
David G. Edwards
Sworn to & subscribed before me as the Probate Court this 5th day of
Nov. AD 1870 BC Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 140)
Description
[page 140]
[corresponds to labeled page 107 of Will Records Vol. 5 1869-1876]
107
Record of the Last Will of Peter Vansickle, deceased
Proceedings had before the Hon BC Waters, Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House on the 16th day
of November A.D. 1870.
The following is the order made in the Journal on the said
16th day of Nov. AD 1870 as follows to-wit:
November 16th 1870 Will and Estate of Peter Vansickle, deceased
Proceedings had before the Hon BC Waters, Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House on the 16th day
of November A.D. 1870.
The following is the order made in the Journal on the said
16th day of Nov. AD 1870 as follows to-wit:
November 16th 1870 Will and Estate of Peter Vansickle
This day the last will and testament of Peter Vansickle deceased
was presented for Probate and Record whereupon Henry Hodgden
and Sidney Richards, the Subscribing witness thereto 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 will was duly executed and attested
and that the said testator Peter Vansickel was at the time of
executing the same of full age and of sound mind and memory
and not under any restraint. It is therefore considered and
ordered that the said will be admitted to Probate and Record
as duly proved as the last will and testament of the said Peter
Vansickle deceased and be recorded as such.
And at the same time came Riley Lott and Joseph Lott the
Subscribing witness to the codicil attached to the said
will and being duly sworn Say that they were present at
the Signing of said Codicil, and that the said Peter Van-
Sickle was of ful age and of sound mind and memory and
not under any restraint, and that they Saw said testator
Subscribe the same, and the same was Signed by us as witnesses
it is therefore admitted to Probate & Record as a part of the last
will and testament of Peter Vansickle deceased. And at the
Same time came Riley Lott and Jennie T. Drinnell, the subscribing
witnesses to the second codicil to said will and were duly sworn
in open Court and their testimony reduced to writing and annexed
to the said will and filed therewith; and it appearing to the Court
that the same was duly executed and attested and that the
said Peter Vansickle was not under any restraint. It is therefore
considered and ordered that the said Second Codicil be
admitted to Probate & Record as the last will and testament
of the said Peter Vansickle and be recorded as such.
BC Waters
Probate Judge
Copy of Will.
In the name of the Benevolent Father of all, I Peter Van-
Sickle of the County of Delaware & State of Ohio do make
this my last will and testament, revoking any and all other
wills made by me, at any former time.
Item First. It is my will that all my Just debts and legal
demands against my estate be fully said -- this to include
funeral and other necessary expenses.
Item Second, It is my will that my property shall be divided
[corresponds to labeled page 107 of Will Records Vol. 5 1869-1876]
107
Record of the Last Will of Peter Vansickle, deceased
Proceedings had before the Hon BC Waters, Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House on the 16th day
of November A.D. 1870.
The following is the order made in the Journal on the said
16th day of Nov. AD 1870 as follows to-wit:
November 16th 1870 Will and Estate of Peter Vansickle, deceased
Proceedings had before the Hon BC Waters, Judge of
the Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House on the 16th day
of November A.D. 1870.
The following is the order made in the Journal on the said
16th day of Nov. AD 1870 as follows to-wit:
November 16th 1870 Will and Estate of Peter Vansickle
This day the last will and testament of Peter Vansickle deceased
was presented for Probate and Record whereupon Henry Hodgden
and Sidney Richards, the Subscribing witness thereto 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 will was duly executed and attested
and that the said testator Peter Vansickel was at the time of
executing the same of full age and of sound mind and memory
and not under any restraint. It is therefore considered and
ordered that the said will be admitted to Probate and Record
as duly proved as the last will and testament of the said Peter
Vansickle deceased and be recorded as such.
And at the same time came Riley Lott and Joseph Lott the
Subscribing witness to the codicil attached to the said
will and being duly sworn Say that they were present at
the Signing of said Codicil, and that the said Peter Van-
Sickle was of ful age and of sound mind and memory and
not under any restraint, and that they Saw said testator
Subscribe the same, and the same was Signed by us as witnesses
it is therefore admitted to Probate & Record as a part of the last
will and testament of Peter Vansickle deceased. And at the
Same time came Riley Lott and Jennie T. Drinnell, the subscribing
witnesses to the second codicil to said will and were duly sworn
in open Court and their testimony reduced to writing and annexed
to the said will and filed therewith; and it appearing to the Court
that the same was duly executed and attested and that the
said Peter Vansickle was not under any restraint. It is therefore
considered and ordered that the said Second Codicil be
admitted to Probate & Record as the last will and testament
of the said Peter Vansickle and be recorded as such.
BC Waters
Probate Judge
Copy of Will.
In the name of the Benevolent Father of all, I Peter Van-
Sickle of the County of Delaware & State of Ohio do make
this my last will and testament, revoking any and all other
wills made by me, at any former time.
Item First. It is my will that all my Just debts and legal
demands against my estate be fully said -- this to include
funeral and other necessary expenses.
Item Second, It is my will that my property shall be divided
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 141)
Description
[page 141]
[corresponds to labeled page 108 of Will Records Vol. 5 1869-1876]
108
Record of the Last Will of Peter Vansickle decd
equally among all my Children and their legal representatives
niv: Deborah Stark, wife of Almon Stark, Willaim G Vansickle
my daughter Elizabeth Betsey Stark, Catherine Lott, wife of
Riley J. Lott, the children of my late daughter Jane Rosecrans, wife
of John Rosecrans, viz: Elizabeth, Alvin & Peter Rosecrans and
their legal representatives, and to the children of my late son
Asa Vansickle, viz: Edwin & Asa Vansickle.
I have paid or advanced One Hundred ^& fifty dollars, which was
paid to settle a Judgment in favor of Eilijah Carney vs Edwin
Vansickle, wherein William G Vansickle was bail, said William
G. Vansickle is to have no claim for any part of said Judgement as
I paid the debt and cost in full, but do not charge said Edwin's
but the above One Hundred & Fifty dollars which is to apply on
his legacy.
The legal representatives and heirs of those of my children
who have died to share equally alike, viz: Edwin and Asa Vansickle
to share equally (Edwin to be charged with the One Hundred &
Fifty dollars) My late daughter Jane Rosecrans' children or their
legal representatives, to share equally in what their Mother would
have inherited had she lived.
I have advance Four Hundred dollars to my daughter Betsey
Stark to buy a house and lot for a home for her. This is an
advance to her on her legacy. She is at present keeping home for
me and if I die where she is keeping home for me she is to have
what furnature and property I have in the house or about the same
without any charge or appraisal of the same.
As I have advanced different sums to my heirs, a portion
Secured by notes, Each to be charged one for cent more than the
principle and interest that may be due on their Claim, this is
in consideration that each one has to collect their legacy if they have
not received the same as an advance and those who have no
trouble to collect.
As my property consets mainly of notes and money, my heirs are
requested to meet and divided the same each live to take his or her
paper or back account in payment of said heirs legacy, if any
one has received more than said heirs legacy then to pay over to
such heir as has not received its share, so as to make all
equal. If my heirs or a majority of them do not agree to di-
vide they are authorized to select a judicious disinterested person to
divide the same if any heir shall desert to the above plan of di-
viding my estate among my heirs and shall cause expense and cost
by administration or otherwise such heir to have all such expense
paid out or deducted from his or her legacy.
My horse buggy and harness I devise to my daughter Betsey if
she is willing to allow Two Hundred & fifty dollars, if she is not will-
ing to allow that sum the same to be divided as the others property
said division to be made in one month after my death. it is my
will that there be no expense of administration or otherwise attending the
[corresponds to labeled page 108 of Will Records Vol. 5 1869-1876]
108
Record of the Last Will of Peter Vansickle decd
equally among all my Children and their legal representatives
niv: Deborah Stark, wife of Almon Stark, Willaim G Vansickle
my daughter Elizabeth Betsey Stark, Catherine Lott, wife of
Riley J. Lott, the children of my late daughter Jane Rosecrans, wife
of John Rosecrans, viz: Elizabeth, Alvin & Peter Rosecrans and
their legal representatives, and to the children of my late son
Asa Vansickle, viz: Edwin & Asa Vansickle.
I have paid or advanced One Hundred ^& fifty dollars, which was
paid to settle a Judgment in favor of Eilijah Carney vs Edwin
Vansickle, wherein William G Vansickle was bail, said William
G. Vansickle is to have no claim for any part of said Judgement as
I paid the debt and cost in full, but do not charge said Edwin's
but the above One Hundred & Fifty dollars which is to apply on
his legacy.
The legal representatives and heirs of those of my children
who have died to share equally alike, viz: Edwin and Asa Vansickle
to share equally (Edwin to be charged with the One Hundred &
Fifty dollars) My late daughter Jane Rosecrans' children or their
legal representatives, to share equally in what their Mother would
have inherited had she lived.
I have advance Four Hundred dollars to my daughter Betsey
Stark to buy a house and lot for a home for her. This is an
advance to her on her legacy. She is at present keeping home for
me and if I die where she is keeping home for me she is to have
what furnature and property I have in the house or about the same
without any charge or appraisal of the same.
As I have advanced different sums to my heirs, a portion
Secured by notes, Each to be charged one for cent more than the
principle and interest that may be due on their Claim, this is
in consideration that each one has to collect their legacy if they have
not received the same as an advance and those who have no
trouble to collect.
As my property consets mainly of notes and money, my heirs are
requested to meet and divided the same each live to take his or her
paper or back account in payment of said heirs legacy, if any
one has received more than said heirs legacy then to pay over to
such heir as has not received its share, so as to make all
equal. If my heirs or a majority of them do not agree to di-
vide they are authorized to select a judicious disinterested person to
divide the same if any heir shall desert to the above plan of di-
viding my estate among my heirs and shall cause expense and cost
by administration or otherwise such heir to have all such expense
paid out or deducted from his or her legacy.
My horse buggy and harness I devise to my daughter Betsey if
she is willing to allow Two Hundred & fifty dollars, if she is not will-
ing to allow that sum the same to be divided as the others property
said division to be made in one month after my death. it is my
will that there be no expense of administration or otherwise attending the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 142)
Description
[page 142]
[corresponds to labeled page 109 of Will Records Vol. 5 1869-1876]
109
Record of the Last Will of Peter Vansickle, decd.
Settlement of my estate.
In testimony whereof I have hereunto set my hand and
seal this 15th day of July AD 1866
Peter Vansickle {seal}
Signed and sealed in the presence of us and acknowledged by
said Peter Vansickle to be his last will and testament and un-
dersigned by us at his request.
Henry Hodgden }
Sidney Richards }
Proof of Will
The State of Ohio }
Delaware County ss }
In the matter of the last will and tes-
tament of peter Vansickle of Kingston Township Delaware
County Ohio deceased. We Henry Hodgden and Sidney
Richards being duly sworn in open Court this 16th day
of November AD 1870, depose and say that we were present
at the execution of the last will and testament of Peter
Vansickle of Kingston Township Delaware County O. hereunto
annexed bearing date 15th day of July AD 1863; that we
saw said testator subscribed said will, and heard him
publish and declare the same 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 under
no restraint, and that we signed the same as witnesses at his
request and in his presence and in the presence of each other.
Henry Hodgden
Sidney Richards
Sworn to and subscribed before me in the Probate Court
this 16th day of Nov. A.D. 1870. B.C. Waters
Probate Judge
Codicil to the above will,
I Peter Vansickle do make the following codicil
to this will. I do annual and direct that the allowance of one
fee out for collecting the claim against each heir be null and
void and of no effect.
Signed and sealed this 31st day of August AD 1866.
Peter Vansickle {seal}
Singned and sealed in the presence of us and acknowledged
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request -
Sylvester Stockwell }
Codicil to the above named will. Henry Hodgden }
I Peter Vansickle do make the following codicil to
this will. I do annul and directed that the Four Hundred
dollars mentioned in the above will against my daughter Betsy
to buy a home for her be null and void and of no effected.
Signed and sealed the 2d day of October 1866. Peter Vansickle {seal}
[corresponds to labeled page 109 of Will Records Vol. 5 1869-1876]
109
Record of the Last Will of Peter Vansickle, decd.
Settlement of my estate.
In testimony whereof I have hereunto set my hand and
seal this 15th day of July AD 1866
Peter Vansickle {seal}
Signed and sealed in the presence of us and acknowledged by
said Peter Vansickle to be his last will and testament and un-
dersigned by us at his request.
Henry Hodgden }
Sidney Richards }
Proof of Will
The State of Ohio }
Delaware County ss }
In the matter of the last will and tes-
tament of peter Vansickle of Kingston Township Delaware
County Ohio deceased. We Henry Hodgden and Sidney
Richards being duly sworn in open Court this 16th day
of November AD 1870, depose and say that we were present
at the execution of the last will and testament of Peter
Vansickle of Kingston Township Delaware County O. hereunto
annexed bearing date 15th day of July AD 1863; that we
saw said testator subscribed said will, and heard him
publish and declare the same 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 under
no restraint, and that we signed the same as witnesses at his
request and in his presence and in the presence of each other.
Henry Hodgden
Sidney Richards
Sworn to and subscribed before me in the Probate Court
this 16th day of Nov. A.D. 1870. B.C. Waters
Probate Judge
Codicil to the above will,
I Peter Vansickle do make the following codicil
to this will. I do annual and direct that the allowance of one
fee out for collecting the claim against each heir be null and
void and of no effect.
Signed and sealed this 31st day of August AD 1866.
Peter Vansickle {seal}
Singned and sealed in the presence of us and acknowledged
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request -
Sylvester Stockwell }
Codicil to the above named will. Henry Hodgden }
I Peter Vansickle do make the following codicil to
this will. I do annul and directed that the Four Hundred
dollars mentioned in the above will against my daughter Betsy
to buy a home for her be null and void and of no effected.
Signed and sealed the 2d day of October 1866. Peter Vansickle {seal}
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 143)
Description
[page 143]
[corresponds to labeled page 110 of Will Records Vol. 5 1869-1876]
110
Record of the Last Will of Peter Vansickle, decd -
Signed and sealed in the presence of us, and acknowledge
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request.
Riley J Lott }
Joseph Lott }
Third Codicil to the foregoing will
I Peter Vansickle do make the following codicil to this will
I do annul and direct that the One Hundred and fifty dollars
mentioned in the above will against Edwin Vansickle to settle-
a Judgement in favor Elijah Carney wherein Willaim G Van-
sickle was bail to be null and void and of no effect.
Signed and sealed this 2d day of Oct. AD 1866.
Peter Vansickle {seal}
Signed and sealed in the presence of us and acknowledged
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request.
Riley J. Lott }
Jennie T Durimell. }
I Peter Vansickle do charge the above named Edmin Van-
Sickle with Twenty nine dollars, it being interest due on a six
hundred dollar note previous to the 2d day of Oct, 1866, and the
twenty nine dollars to be accounted for at the final set-
tling up of my estate as other heirship money. The said
Six Hundred dollar note bears date Feb. 24th 1866 at eight pr cent
interest.
Testimony to Codicils.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of Peter
Vansickle late of Kingston Township Delaware County O
deceased. We Riley T. Lott and Joseph Lott being duly
sworn in open court this 16th day of Nov. AD 1870, depose &
say that we were present at the execution of the second
codicil attached to the last will and testament of Peter Van-
Sickle of Kingston Township Delaware County O. hereunto
annexed, bearing date 2d day of Oct. AD 1866, that we saw
said testator subscribe said codicil 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 sound mind and memory, of full age and not
under any restraint and that we signed the same as
witnesses at his request and in his presence and in the presence
of each other.
Riley T Lott }
Joseph Lott }
Sworn to and subscribed before me, at the Probate Court
this 16th day of Nov. AD. 1870.
BC Waters
Probate Judge
[corresponds to labeled page 110 of Will Records Vol. 5 1869-1876]
110
Record of the Last Will of Peter Vansickle, decd -
Signed and sealed in the presence of us, and acknowledge
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request.
Riley J Lott }
Joseph Lott }
Third Codicil to the foregoing will
I Peter Vansickle do make the following codicil to this will
I do annul and direct that the One Hundred and fifty dollars
mentioned in the above will against Edwin Vansickle to settle-
a Judgement in favor Elijah Carney wherein Willaim G Van-
sickle was bail to be null and void and of no effect.
Signed and sealed this 2d day of Oct. AD 1866.
Peter Vansickle {seal}
Signed and sealed in the presence of us and acknowledged
by said Peter Vansickle to be his last will and testament and
witnessed by us at his request.
Riley J. Lott }
Jennie T Durimell. }
I Peter Vansickle do charge the above named Edmin Van-
Sickle with Twenty nine dollars, it being interest due on a six
hundred dollar note previous to the 2d day of Oct, 1866, and the
twenty nine dollars to be accounted for at the final set-
tling up of my estate as other heirship money. The said
Six Hundred dollar note bears date Feb. 24th 1866 at eight pr cent
interest.
Testimony to Codicils.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of Peter
Vansickle late of Kingston Township Delaware County O
deceased. We Riley T. Lott and Joseph Lott being duly
sworn in open court this 16th day of Nov. AD 1870, depose &
say that we were present at the execution of the second
codicil attached to the last will and testament of Peter Van-
Sickle of Kingston Township Delaware County O. hereunto
annexed, bearing date 2d day of Oct. AD 1866, that we saw
said testator subscribe said codicil 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 sound mind and memory, of full age and not
under any restraint and that we signed the same as
witnesses at his request and in his presence and in the presence
of each other.
Riley T Lott }
Joseph Lott }
Sworn to and subscribed before me, at the Probate Court
this 16th day of Nov. AD. 1870.
BC Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 144)
Description
[page 144]
[corresponds to labeled page 111 of Will Records Vol. 5 1869-1876]
111
Record of the Last Will of Peter Vansickle, decd.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of Peter
Vansickle late of Kingston Township Delaware County O.
deceased We Riley Lott and Jennie T Durimell being duly
sworn in open Court this 16th day of Nov. AD 1870, depose and
say that we were present at the execution of the third Codicil
attached to the foregoing last will and testament of Peter
Vansickle of Kingston Township, Delaware County here-
unto annexed, bearing date 2d day of October AD 1866; that
we saw said testator subscribed said codicil 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 that we signed the same as witnesses
at his request and in his presence and in the presence of
each other.
Riley T Lott }
Jennie T Dainnell }
Sworn to and subscribed before me in the Probate Court
this 16th day of Nov. AD 1870
BC Waters
Probate Judge
________________________________________________________________
Record of the Last Will of Henry Baker decd.
Proceedings had before the Hon. B C Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 30th day of November AD 1870.
The following is the order made in the Journal on the said
30th day of November 1870 as follows to-wit:
Will and Estate of Henry Baker deceased.
On the 16th day of November AD 1870 the last will and testament of
Henry Baker, deceased was presented for Probate and record:
Thereupon H.A Gutner one of the subscribing witnesses to the
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 it appearing to the Court that the other witness S.
S. Hamlin lives in Edwardsburg, Cass County Michigan, a
commission was thereupon issued to Wm P. Bennett Judge
of Probate Court of Cass County Michigan H Baker Take the testimony
of said witness, and afterwards in due time the said will and
commission was returned with the testimony reduced to writing
and attached to the will and now on file with the same and
it thereby appearing to the Court that the said will as duly
executed and attested and that the said testator at the time of
executing the same, was of sound mind and memory and of
[corresponds to labeled page 111 of Will Records Vol. 5 1869-1876]
111
Record of the Last Will of Peter Vansickle, decd.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament of Peter
Vansickle late of Kingston Township Delaware County O.
deceased We Riley Lott and Jennie T Durimell being duly
sworn in open Court this 16th day of Nov. AD 1870, depose and
say that we were present at the execution of the third Codicil
attached to the foregoing last will and testament of Peter
Vansickle of Kingston Township, Delaware County here-
unto annexed, bearing date 2d day of October AD 1866; that
we saw said testator subscribed said codicil 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 that we signed the same as witnesses
at his request and in his presence and in the presence of
each other.
Riley T Lott }
Jennie T Dainnell }
Sworn to and subscribed before me in the Probate Court
this 16th day of Nov. AD 1870
BC Waters
Probate Judge
________________________________________________________________
Record of the Last Will of Henry Baker decd.
Proceedings had before the Hon. B C Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 30th day of November AD 1870.
The following is the order made in the Journal on the said
30th day of November 1870 as follows to-wit:
Will and Estate of Henry Baker deceased.
On the 16th day of November AD 1870 the last will and testament of
Henry Baker, deceased was presented for Probate and record:
Thereupon H.A Gutner one of the subscribing witnesses to the
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 it appearing to the Court that the other witness S.
S. Hamlin lives in Edwardsburg, Cass County Michigan, a
commission was thereupon issued to Wm P. Bennett Judge
of Probate Court of Cass County Michigan H Baker Take the testimony
of said witness, and afterwards in due time the said will and
commission was returned with the testimony reduced to writing
and attached to the will and now on file with the same and
it thereby appearing to the Court that the said will as duly
executed and attested and that the said testator at the time of
executing the same, was of sound mind and memory and of
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 145)
Description
[page 145]
[corresponds to labeled page 112 of Will Records Vol. 5 1869-1876]
112
Record of the Last Will of Henry Baker, decd.
full age and not under any restraint it is therefore considered
and ordered that the said will be admitted to Probate and Record
as duly proved as the last will and testament of the said Henry
Baker decd, and be recorded as such.
Thereupon George Baker, Executor named in the will gave
bond in the sum of $2000 - with David Bale John H Bale &
as his sureties - Bond accepted and letters issued.
B.C. Waters
Probate Judge.
Copy of Will.
In the name of God, Amen.
I Henry Baker of the Township of Orange in
the County of Delaware and State of Ohio: calling to mind
the certainty of death, and the uncertainty of the time of it, and
being feeble of body, but of sound mind and memory, do make
and ordain this my last will and testament in manner and
for as follows: viz:
Item 1st
Of my real estate to-wit: The farm in Orange Township
Delaware County Ohio on the west side of Alum Creek, containing
about Eighty four acres, and being the same farm on which I
now reside, I give and bequeath the same to my son George
Baker his heirs and assigns forever after my demise: on con-
dition, however, that my said ^son George shall well and truly
pay within one year after my demise to my son Thomas S.
Baker, or his heirs the sum of Two Hundred dollars, and which
shall bear interest after my decease until paid: and with a
further condition that my said son George Shall pay to the
heirs of my daughter Jane Bennett, deceased, a like sum of
Two Hundred dollars and within one year after my demise and
interest after my death until paid. and when said respective
sums are paid after my deceased; then the said farm shall be-
long to my said son George in fee simple, and to his heirs and
assigns forever
Item 2nd
Of my personal estate and property, I give and be-
queath unto my daughter Mary Ann Baker, who has and con-
tinues to bestow much care and attention to my daily wants
as follows. One cow and calf now on the farm which she shall
have and the increase thereof until after my demise: also all the house
hold furnature of every description belonging to me and continually
used by myself and my said daughter Mary Ann, and also all my
portion and part of the poultry on the farm at my decease, and
also all the produce and provisions on hand at my decease shall
belong to my said daughter Mary Ann, and also all monies and other
valuable things in my possession at the time of my decease
[corresponds to labeled page 112 of Will Records Vol. 5 1869-1876]
112
Record of the Last Will of Henry Baker, decd.
full age and not under any restraint it is therefore considered
and ordered that the said will be admitted to Probate and Record
as duly proved as the last will and testament of the said Henry
Baker decd, and be recorded as such.
Thereupon George Baker, Executor named in the will gave
bond in the sum of $2000 - with David Bale John H Bale &
as his sureties - Bond accepted and letters issued.
B.C. Waters
Probate Judge.
Copy of Will.
In the name of God, Amen.
I Henry Baker of the Township of Orange in
the County of Delaware and State of Ohio: calling to mind
the certainty of death, and the uncertainty of the time of it, and
being feeble of body, but of sound mind and memory, do make
and ordain this my last will and testament in manner and
for as follows: viz:
Item 1st
Of my real estate to-wit: The farm in Orange Township
Delaware County Ohio on the west side of Alum Creek, containing
about Eighty four acres, and being the same farm on which I
now reside, I give and bequeath the same to my son George
Baker his heirs and assigns forever after my demise: on con-
dition, however, that my said ^son George shall well and truly
pay within one year after my demise to my son Thomas S.
Baker, or his heirs the sum of Two Hundred dollars, and which
shall bear interest after my decease until paid: and with a
further condition that my said son George Shall pay to the
heirs of my daughter Jane Bennett, deceased, a like sum of
Two Hundred dollars and within one year after my demise and
interest after my death until paid. and when said respective
sums are paid after my deceased; then the said farm shall be-
long to my said son George in fee simple, and to his heirs and
assigns forever
Item 2nd
Of my personal estate and property, I give and be-
queath unto my daughter Mary Ann Baker, who has and con-
tinues to bestow much care and attention to my daily wants
as follows. One cow and calf now on the farm which she shall
have and the increase thereof until after my demise: also all the house
hold furnature of every description belonging to me and continually
used by myself and my said daughter Mary Ann, and also all my
portion and part of the poultry on the farm at my decease, and
also all the produce and provisions on hand at my decease shall
belong to my said daughter Mary Ann, and also all monies and other
valuable things in my possession at the time of my decease
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 146)
Description
[page 146]
[corresponds to labeled page 113 of Will Records Vol. 5 1869-1876]
113
Record of the Last Will of Henry Baker, deceased.
shall belong to my said daughter Mary Ann after she shall
pay out of the same my Just debts and funeral expenses and
erect a suitable tombestone to my grave.
Item 3d
I hereby state that my oldest daughter Hestor Baker has already
received her part and portion of my estate which has passed into her hands
and use amounting to the sum of two hundred dollars in cash in
addition to which I give my said daughter Hester the sum of ten
dollars.
Item 4th
I hereby nominate and appoint my son George Baker Executor
of this my last will and testament, but desire that no appraisement or
sale of my personal estate shall be made after my decease and
that the Court of Probate direct the ommission of the same in pursuance
of the Statute in such cases made and provided.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and seal this
31st day of May AD 1866.
His
Henry x Baker {seal}
Mark.
Signed and acknowledged by said Henry Baker as his last will
and testament in our presence and signed by us in his presence
H.A. Guitner }
S.S. Hamlin }
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Henry Baker deceased of Orange Township Del. County Ohio.
We H A Guitner being duly sworn in open Court this 16th
day of November A.D. 1870 depose and say that was present at the
execution of the last will and testament of Henry Baker of Orange
Township hereunto annexed, bearing date 21st day of May 1866; that
I saw said testator subscribe said will and heard him publish &
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 I signed the same as a witness at his request and in
his presence. H.A. Guitner.
Sworn to and subscribed before me this 16th day of November AD
1870. BC Waters
Probate Judge
[corresponds to labeled page 113 of Will Records Vol. 5 1869-1876]
113
Record of the Last Will of Henry Baker, deceased.
shall belong to my said daughter Mary Ann after she shall
pay out of the same my Just debts and funeral expenses and
erect a suitable tombestone to my grave.
Item 3d
I hereby state that my oldest daughter Hestor Baker has already
received her part and portion of my estate which has passed into her hands
and use amounting to the sum of two hundred dollars in cash in
addition to which I give my said daughter Hester the sum of ten
dollars.
Item 4th
I hereby nominate and appoint my son George Baker Executor
of this my last will and testament, but desire that no appraisement or
sale of my personal estate shall be made after my decease and
that the Court of Probate direct the ommission of the same in pursuance
of the Statute in such cases made and provided.
I do hereby revoke all former wills by me made.
In testimony whereof I have hereunto set my hand and seal this
31st day of May AD 1866.
His
Henry x Baker {seal}
Mark.
Signed and acknowledged by said Henry Baker as his last will
and testament in our presence and signed by us in his presence
H.A. Guitner }
S.S. Hamlin }
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Henry Baker deceased of Orange Township Del. County Ohio.
We H A Guitner being duly sworn in open Court this 16th
day of November A.D. 1870 depose and say that was present at the
execution of the last will and testament of Henry Baker of Orange
Township hereunto annexed, bearing date 21st day of May 1866; that
I saw said testator subscribe said will and heard him publish &
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 I signed the same as a witness at his request and in
his presence. H.A. Guitner.
Sworn to and subscribed before me this 16th day of November AD
1870. BC Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 147)
Description
[page 147]
[corresponds to labeled page 114 of Will Records Vol. 5 1869-1876]
114
Record of the Last Will of Henry Baker, decd.
Commission,
The State of Ohio }
Delaware County ss }
Wm P. Bennett, Judge of Probate Cass
County, Mich.
Greeting:
Know ye, That we, in confidence of your prudence and fidelity, have
appointed you, and by these presents do give you full power and au-
thority to examine and take the deposition of S S Hamlin one
of the subscribing witnesses to the last will and testament of Henry
Baker deceased, hereunto annexed, late of the County of Delaware
in the State of Ohio, and therefore we command you, that at
certain days and places appointed by you, you cause the said
S.S. Hamlin to be brought before you, and then and there to ex-
amine him and or oath or affirmation first taken before you
touching the due execution of said will of the said Henry Baker
and that you reduce such examination to writing and return the
same, together with this commission and the Will of the said Henry
Baker, hereunto annexed closed up under your Seal, into our
Said Probate Court with all convenient speed.
In testimony whereof, I, B C Waters, Judge of the said
Court, have hereunto set my hand and affixed the seal of
Said Court, at Delaware, this 16th day of Nov. AD 1870.
B C Waters
Probate Judge
Testimony of Witness to Will.
In the matter of the last will and testament of Henry Baker
deceased.
I, Wm P. Bennett, Judge of Probate in and for Cass County
Michigan, duly appointed and Commissioned by the Judge of the
Probate Court of Delaware in the State of Ohio to take the testimony
of S S Hamlin, now of Edwordsbury, Cass County Mich. &
one of the subscribing witness of the last will and testament
of Henry Baker deceased, late a resident of said County of Del.
and in the Stat of Ohio. Which Commission and the said will are
hereto annexed. I do hereby certify that in presence of said
Commissioned Caused the Said S S Hamlin one of the said sub
scribing witness aforsaid, to come personaly before one at
the Probate Office in the village of Casapolisin said Court of
Cass Michigan on Nov. 26th 1870 who, being by me first duly sworn
according to law, to speake the truth, the whole truth and nothing
but the truth, consearning and in relation to the Execution of
said will did depose and say that he was present at the
making of said will hereunto attached, Marked A, and at the
request of the deceased, subscrier his name to said will as
witness in the presence of the deased and of H A Guitner; that
he saw the said Henry Baker deacesed sign and seal such Will
[corresponds to labeled page 114 of Will Records Vol. 5 1869-1876]
114
Record of the Last Will of Henry Baker, decd.
Commission,
The State of Ohio }
Delaware County ss }
Wm P. Bennett, Judge of Probate Cass
County, Mich.
Greeting:
Know ye, That we, in confidence of your prudence and fidelity, have
appointed you, and by these presents do give you full power and au-
thority to examine and take the deposition of S S Hamlin one
of the subscribing witnesses to the last will and testament of Henry
Baker deceased, hereunto annexed, late of the County of Delaware
in the State of Ohio, and therefore we command you, that at
certain days and places appointed by you, you cause the said
S.S. Hamlin to be brought before you, and then and there to ex-
amine him and or oath or affirmation first taken before you
touching the due execution of said will of the said Henry Baker
and that you reduce such examination to writing and return the
same, together with this commission and the Will of the said Henry
Baker, hereunto annexed closed up under your Seal, into our
Said Probate Court with all convenient speed.
In testimony whereof, I, B C Waters, Judge of the said
Court, have hereunto set my hand and affixed the seal of
Said Court, at Delaware, this 16th day of Nov. AD 1870.
B C Waters
Probate Judge
Testimony of Witness to Will.
In the matter of the last will and testament of Henry Baker
deceased.
I, Wm P. Bennett, Judge of Probate in and for Cass County
Michigan, duly appointed and Commissioned by the Judge of the
Probate Court of Delaware in the State of Ohio to take the testimony
of S S Hamlin, now of Edwordsbury, Cass County Mich. &
one of the subscribing witness of the last will and testament
of Henry Baker deceased, late a resident of said County of Del.
and in the Stat of Ohio. Which Commission and the said will are
hereto annexed. I do hereby certify that in presence of said
Commissioned Caused the Said S S Hamlin one of the said sub
scribing witness aforsaid, to come personaly before one at
the Probate Office in the village of Casapolisin said Court of
Cass Michigan on Nov. 26th 1870 who, being by me first duly sworn
according to law, to speake the truth, the whole truth and nothing
but the truth, consearning and in relation to the Execution of
said will did depose and say that he was present at the
making of said will hereunto attached, Marked A, and at the
request of the deceased, subscrier his name to said will as
witness in the presence of the deased and of H A Guitner; that
he saw the said Henry Baker deacesed sign and seal such Will
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 148)
Description
[page 148]
[corresponds to labeled page 115 of Will Records Vol. 5 1869-1876]
115
Record of the Last Will of Henry Baker, deceased
And hear him acknowledge the same to be his last will &
testament; that he saw Henry Baker, 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 not under
any restraint whatsoever,
S. S. Hamlin.
I. Wm. Bennett, Judge of the Probate Court of Cass County
Michigan and ex officio Clerk thereof do further testify that
the said testimony was reduced to writing by myself, in
the presence of said witness, and subscribed by said witness
in my presence on this twenty sixth day of November A D 1870.
In testimony whereof I have hereunto set my hand and
affixed the seal of said Court this 26th day of Nov. A D 1870.
Wm P Bennett
Commissioner
Record of the Last Will of William Sherwood. deceased.
Proceedings had before the Hon B. C. Waters Judge of the Probate
within and for the County of Delaware and State of Ohio, at
his office in the Court House in the Town of Delaware on the
7th day of December A D 1870.
The following order was made in the Journal on the
aforesaid 7th day of December A D 1870 as follows to wit:
Will and Estate of William Sherwood, deceased.
On this day, the 30th day of November A. D. 1870, Mrs. Roxina Sherwood
presented the last will and testament of William Sherwood deceased
to the Court for probate and record, and it appearing to the Court
that the witnesses to said will are residents of the City of Cincinnati
Ohio, and thereupon a commission was duly issued to John Sampson
Powers to take the testimony of said witnesses, which was afterwards
in due time duly returned and the testimony duly reduced to writing
and attached to the will and now on file with the same, and it
thereby appearing to the Court that the said will was duly Executed
and that the testator was at the time of Executing the same
of full age and of sound mind and memory and not under
any undue restraint; it is therefore Considered and ordered that his
said will be admitted to record and probate as the last will and
testament of William Sherwood as duly proved as such and
be recorded as such.
And it appearing from said will that Roxana R Sherwood is
by the said testator appointed Executrix, and that no bonds
be given- Letters are issued accordingly,
B C Waters
Probate Judge.
[corresponds to labeled page 115 of Will Records Vol. 5 1869-1876]
115
Record of the Last Will of Henry Baker, deceased
And hear him acknowledge the same to be his last will &
testament; that he saw Henry Baker, 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 not under
any restraint whatsoever,
S. S. Hamlin.
I. Wm. Bennett, Judge of the Probate Court of Cass County
Michigan and ex officio Clerk thereof do further testify that
the said testimony was reduced to writing by myself, in
the presence of said witness, and subscribed by said witness
in my presence on this twenty sixth day of November A D 1870.
In testimony whereof I have hereunto set my hand and
affixed the seal of said Court this 26th day of Nov. A D 1870.
Wm P Bennett
Commissioner
Record of the Last Will of William Sherwood. deceased.
Proceedings had before the Hon B. C. Waters Judge of the Probate
within and for the County of Delaware and State of Ohio, at
his office in the Court House in the Town of Delaware on the
7th day of December A D 1870.
The following order was made in the Journal on the
aforesaid 7th day of December A D 1870 as follows to wit:
Will and Estate of William Sherwood, deceased.
On this day, the 30th day of November A. D. 1870, Mrs. Roxina Sherwood
presented the last will and testament of William Sherwood deceased
to the Court for probate and record, and it appearing to the Court
that the witnesses to said will are residents of the City of Cincinnati
Ohio, and thereupon a commission was duly issued to John Sampson
Powers to take the testimony of said witnesses, which was afterwards
in due time duly returned and the testimony duly reduced to writing
and attached to the will and now on file with the same, and it
thereby appearing to the Court that the said will was duly Executed
and that the testator was at the time of Executing the same
of full age and of sound mind and memory and not under
any undue restraint; it is therefore Considered and ordered that his
said will be admitted to record and probate as the last will and
testament of William Sherwood as duly proved as such and
be recorded as such.
And it appearing from said will that Roxana R Sherwood is
by the said testator appointed Executrix, and that no bonds
be given- Letters are issued accordingly,
B C Waters
Probate Judge.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 149)
Description
[page 149]
[corresponds to labeled page 116 of Will Records Vol. 5 1869-1876]
116
Record of the Last Will of William Sherwood,
Copy of the Will
I, William Sherwood, of the City of Cincinnati, make this my
will and testament revoking all former wills by me made,
First: I give devise and bequeath to my wife Roxana R. Sherwood
all my estate and property, real and personal, during her natural
life.
Second: At the death of my said wife, I give devise and bequeath all
of said estate and property that may remain unconsumed, and un
expended, to my daughter Lucinda A Packer and my Sons James
E Sherwood and Edwin Sherwood, Share and share alike: Provided that
five hundred dollars of the sum so given, devised and bequeathed to
Said Roxana She is to have to her and her heirs forever: Provided, for
them, that if said Roxana dies before said Edwin attains majority
Then said Edwin is to have one half of the remainder of said Estate
and property and said Lucinda and James are each to have one fourth
part thereof, except said five hundred dollars to which Said Roxana
is entitled in her own right, and which is given to her absolutely
aforesaid.
Third: I appoint Said Roxana executrix of my said will, and
guardian of my Said Son Edwin, and I desire that bonds and
appraisement be dispensed with,
Witness my hand and seal this 5th day of Nov. A D 1870.
William Sherwood {seal}
Signed, sealed and acknowledged by said William Sherwood as his
last will and testament, in our presence, who at his request and in
his presence have subscribed our names as witness,
Henry Harrison }
Geo B Oky } witnesses
John W. Oky }
Commission to take testimony of witness
to Will.
The State of Ohio }
Delaware County ss }
To John Sampson Powers
Greeting:
Know ye, that we, in confidence of your prudence and fidelity
have appointed you, and by these presence do give you full power
and authority to examine and take the deposition of Henry
Harrison, John W Oky, and Geo. B. Oaky, subscribing witnesses
of the last will and testament of William Sherwood deceased.
hereunto annexed late of the County of Hamilton in the State
of Ohio, and therefore we command you, that at certain days and
places appointed by you, you cause the said Henry Harrison
John W. Oky and George B. Oky, to be brought before you and
then and there examined them on oath or affirmation first
[corresponds to labeled page 116 of Will Records Vol. 5 1869-1876]
116
Record of the Last Will of William Sherwood,
Copy of the Will
I, William Sherwood, of the City of Cincinnati, make this my
will and testament revoking all former wills by me made,
First: I give devise and bequeath to my wife Roxana R. Sherwood
all my estate and property, real and personal, during her natural
life.
Second: At the death of my said wife, I give devise and bequeath all
of said estate and property that may remain unconsumed, and un
expended, to my daughter Lucinda A Packer and my Sons James
E Sherwood and Edwin Sherwood, Share and share alike: Provided that
five hundred dollars of the sum so given, devised and bequeathed to
Said Roxana She is to have to her and her heirs forever: Provided, for
them, that if said Roxana dies before said Edwin attains majority
Then said Edwin is to have one half of the remainder of said Estate
and property and said Lucinda and James are each to have one fourth
part thereof, except said five hundred dollars to which Said Roxana
is entitled in her own right, and which is given to her absolutely
aforesaid.
Third: I appoint Said Roxana executrix of my said will, and
guardian of my Said Son Edwin, and I desire that bonds and
appraisement be dispensed with,
Witness my hand and seal this 5th day of Nov. A D 1870.
William Sherwood {seal}
Signed, sealed and acknowledged by said William Sherwood as his
last will and testament, in our presence, who at his request and in
his presence have subscribed our names as witness,
Henry Harrison }
Geo B Oky } witnesses
John W. Oky }
Commission to take testimony of witness
to Will.
The State of Ohio }
Delaware County ss }
To John Sampson Powers
Greeting:
Know ye, that we, in confidence of your prudence and fidelity
have appointed you, and by these presence do give you full power
and authority to examine and take the deposition of Henry
Harrison, John W Oky, and Geo. B. Oaky, subscribing witnesses
of the last will and testament of William Sherwood deceased.
hereunto annexed late of the County of Hamilton in the State
of Ohio, and therefore we command you, that at certain days and
places appointed by you, you cause the said Henry Harrison
John W. Oky and George B. Oky, to be brought before you and
then and there examined them on oath or affirmation first
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 150)
Description
[page 150]
[corresponds to labeled page 117 of Will Records Vol. 5 1869-1876]
117
Record of the Last Will of William Sherwood deceased.
taken before you touching the due execution of said will of the
said William Sherwood, and that you reduce such examination to
writing, and return the same together with this Commission and the
will of the said William Sherwood thereto annexed. Closed up under
your space, into our Probate Court, with all convenient speed.
In testimony whereof, I, B.C. Waters, Judge of the said Court
have hereunto set my hand and affixed the Seal of said Court at
Delaware, this 30th day of November AD 1870.
BC Waters
Probate Judge.
Testimony of Witness to Will.
In the matter of the last will and testament of William
Sherwood, deceased.
I, John S. Powers, duly appointed 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 W Oky
and Harry Harrison Geo B. Oky, the subscribing witnesses to the
last Will and Testament of William Sherwood deceased
late resident of said County of Hamilton in the State of
Ohio, which commission and the said will are hereto annexed
I do hereby certify that in pursuance of said Commission
I caused John W Oky and Geo B. Okey to of said subscribing
as aforesaid, to come before me, at Cincinnati, Ohio, who, 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, depose and say they were
personally acquainted with Dr. William Sherwood, of the City of
Cincinnati, and also Harry Harrison, the other subscribing
witness to the will of said Sherwood: that said Harrison is now
absent in the South; that said William Sherwood is now decd,
that they were present at the making of said will, hereunto attached
marked "A." and, at the request of the deceased, Subscribed their
names to said will as witnesses of the presence of the deceased and
of each other; that they saw the said William Sherwood, deceased
sign and seal the said will and heard him acknowledge the same
to be his last will and testament; that the said William
Sherwood, deceased, was at the time of executing, signing and
sealing said last will and Testament of legal age, and of
sound mind and memory, and under no undue or unlawful
restraint whatsoever; Furthermore that they saw said Harrison at
the same time subscribe said will as a witness thereto at the
request of the deceased. John W Okey }
Geo. B. Okey }
I John S Powers do further testify that the said testimony was reduced to writing
by said John W Okey in my presence and by my direction, and in the presence of
said witnesses respectfully and subscribed by said witnesses.
[corresponds to labeled page 117 of Will Records Vol. 5 1869-1876]
117
Record of the Last Will of William Sherwood deceased.
taken before you touching the due execution of said will of the
said William Sherwood, and that you reduce such examination to
writing, and return the same together with this Commission and the
will of the said William Sherwood thereto annexed. Closed up under
your space, into our Probate Court, with all convenient speed.
In testimony whereof, I, B.C. Waters, Judge of the said Court
have hereunto set my hand and affixed the Seal of said Court at
Delaware, this 30th day of November AD 1870.
BC Waters
Probate Judge.
Testimony of Witness to Will.
In the matter of the last will and testament of William
Sherwood, deceased.
I, John S. Powers, duly appointed 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 W Oky
and Harry Harrison Geo B. Oky, the subscribing witnesses to the
last Will and Testament of William Sherwood deceased
late resident of said County of Hamilton in the State of
Ohio, which commission and the said will are hereto annexed
I do hereby certify that in pursuance of said Commission
I caused John W Oky and Geo B. Okey to of said subscribing
as aforesaid, to come before me, at Cincinnati, Ohio, who, 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, depose and say they were
personally acquainted with Dr. William Sherwood, of the City of
Cincinnati, and also Harry Harrison, the other subscribing
witness to the will of said Sherwood: that said Harrison is now
absent in the South; that said William Sherwood is now decd,
that they were present at the making of said will, hereunto attached
marked "A." and, at the request of the deceased, Subscribed their
names to said will as witnesses of the presence of the deceased and
of each other; that they saw the said William Sherwood, deceased
sign and seal the said will and heard him acknowledge the same
to be his last will and testament; that the said William
Sherwood, deceased, was at the time of executing, signing and
sealing said last will and Testament of legal age, and of
sound mind and memory, and under no undue or unlawful
restraint whatsoever; Furthermore that they saw said Harrison at
the same time subscribe said will as a witness thereto at the
request of the deceased. John W Okey }
Geo. B. Okey }
I John S Powers do further testify that the said testimony was reduced to writing
by said John W Okey in my presence and by my direction, and in the presence of
said witnesses respectfully and subscribed by said witnesses.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 151)
Description
[page 151]
[corresponds to labeled page 118 of Will Records Vol. 5 1869-1876]
118
Record of the Last Will of William Sherwood, decd.
in my presence on this third day of December AD 1870.
In testimony whereof, I have hereunto set my hand,
this 30th day of Dec. AD 1870.
John S. Powers.
Record of the Last Will of James McKitrick, decd
In this case the following entry was made in the Journal
on the 22d day of September AD 1870. as follows towit:
Will and estate of James McKitrick, deceased.
On this day the last will and testament of James McKitrick
deceased was presented for record, the same having been duly
probated in Livingston County in Pontiac in said County on
the 20th day of October AD 1868, the same is therefore admitted
to record as the last will and testament of James McKiterick
deceased. BC Waters
Probate Judge
Copy of letters Testamentry.
The State of Illinois }
Livingston County ss }
In County Court October 20th Term 1868,
The people of the State of Illinois to all to whom these presents
may come - Greeting:
Know ye, That whereas, James McKitrick, late of the County
of Livingston and State of Illinois, died on or about the thirteenth
day of November, AD 1867 as it is said, after having duly made
and published his last will and testament, a copy whereof is here-
unto annexed, leaving at the time of his death, property in this
State which may be lost, destroyed or diminished in value, if speedy
can be not taken of the same; and inasmuch as it appears that
Julia Ann McKitrick has been appointed executrix, in and by
the last will and testament to execute the same:
Now, to the end that said property may be preserved to those who
have a legal right or interest therein: and that the Said will may be
executed according to the request of said testator, we do hereby
authorize the said Julia Ann McKitrick as such executrix, to
collect and secure, all and singular, the goods and chattles, rights
and credits, which were of the said James McKitrick at the time of
his decease, in whatsoever hand or possession the same may be
found in this State: and well and truly to perform and fulfill
all such duties as may be enjoined upon her by the said will,
general to do and perform all other acts which now on, or here-
after may be required of her by law.
[corresponds to labeled page 118 of Will Records Vol. 5 1869-1876]
118
Record of the Last Will of William Sherwood, decd.
in my presence on this third day of December AD 1870.
In testimony whereof, I have hereunto set my hand,
this 30th day of Dec. AD 1870.
John S. Powers.
Record of the Last Will of James McKitrick, decd
In this case the following entry was made in the Journal
on the 22d day of September AD 1870. as follows towit:
Will and estate of James McKitrick, deceased.
On this day the last will and testament of James McKitrick
deceased was presented for record, the same having been duly
probated in Livingston County in Pontiac in said County on
the 20th day of October AD 1868, the same is therefore admitted
to record as the last will and testament of James McKiterick
deceased. BC Waters
Probate Judge
Copy of letters Testamentry.
The State of Illinois }
Livingston County ss }
In County Court October 20th Term 1868,
The people of the State of Illinois to all to whom these presents
may come - Greeting:
Know ye, That whereas, James McKitrick, late of the County
of Livingston and State of Illinois, died on or about the thirteenth
day of November, AD 1867 as it is said, after having duly made
and published his last will and testament, a copy whereof is here-
unto annexed, leaving at the time of his death, property in this
State which may be lost, destroyed or diminished in value, if speedy
can be not taken of the same; and inasmuch as it appears that
Julia Ann McKitrick has been appointed executrix, in and by
the last will and testament to execute the same:
Now, to the end that said property may be preserved to those who
have a legal right or interest therein: and that the Said will may be
executed according to the request of said testator, we do hereby
authorize the said Julia Ann McKitrick as such executrix, to
collect and secure, all and singular, the goods and chattles, rights
and credits, which were of the said James McKitrick at the time of
his decease, in whatsoever hand or possession the same may be
found in this State: and well and truly to perform and fulfill
all such duties as may be enjoined upon her by the said will,
general to do and perform all other acts which now on, or here-
after may be required of her by law.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 152)
Description
[page 152]
[corresponds to labeled page 119 of Will Records Vol. 5 1869-1876]
119
Record of the Last Will and Testament of James McKitrick
Witness RB Harrington, Clerk of the County Court of the
said County of Livingston at his office in Pontiac, this 20th
day of October AD 1868, and the Probate seal of said Court
hereunto annexed.
RB Harrington
Clerk of the County Court.
Copy of the Will
I, James McKittrick of Scioto Township, 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 and Testament hereby revoking and making null and void
all former last will and Testaments and writings in the notion of
last wills and Testaments by heretofore made.
1st My will is that my funeral expenses and all Just debts shall
be paid by my executor hereinafter named.
2d I give and bequeath to my son John McKitrick five dollars
to Mary McKitrick and Elizabeth McKiterick children of my de-
ceased son James McKitrick five dollars to be equally Divided
between them; to my daughter Eliza Webb wife of William Webb
five dollars, Mary Morn wife of William Morn five dollars,
To David McKitrick James McKitrick Wiley McKitrick Almira
S. McKitrick Children of my deceased son George McKitrick five
dollars to be divided equally between said four grandchildren.
To James Nash and Mary Nash children of my deceased daughter
Emily Nash to be equally Divided between said two grand
children. To Harry S McKitrick my son five Dollars. To
Catherine Jackson wife of William Jackson five dollars =
To Susan Freshwater daughter of my deceased daughter Aimee
five dollars. To Arthur F. McKitrick my son five dollars. To
Orlando Dulen and his brother and Susan Dulen children
of my deceased daughter Susan five Dollars to be equally Divided
between my three said grand children.
All said legacies to be paid said legatees within Sixty days after
my decease of demanded and at any subsequent time, if not
paid before, when demanded -
I give and bequeath to my beloved wife Julia Ann McKitrick all
the residue of my estate real and personal or mixed to her and
for her own benefit and use and control to use for her support
comfort and enjoyment and for this purpose she is fully authorized
to sell and dispose of any part of said property she may find necessary
Provided, however, that if my said beloved wife Julia Ann should
again marry She is to be entitled to only her legal claims of my
Said Estate and the residue of this bequest to my beloved wife
aforesaid shall be equally divided among my legal heirs.
I do nominate my said beloved wife Julia Ann McKitrick
and hereby appoint her my Sole Executrix of this my last will
and Testament.
[corresponds to labeled page 119 of Will Records Vol. 5 1869-1876]
119
Record of the Last Will and Testament of James McKitrick
Witness RB Harrington, Clerk of the County Court of the
said County of Livingston at his office in Pontiac, this 20th
day of October AD 1868, and the Probate seal of said Court
hereunto annexed.
RB Harrington
Clerk of the County Court.
Copy of the Will
I, James McKittrick of Scioto Township, 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 and Testament hereby revoking and making null and void
all former last will and Testaments and writings in the notion of
last wills and Testaments by heretofore made.
1st My will is that my funeral expenses and all Just debts shall
be paid by my executor hereinafter named.
2d I give and bequeath to my son John McKitrick five dollars
to Mary McKitrick and Elizabeth McKiterick children of my de-
ceased son James McKitrick five dollars to be equally Divided
between them; to my daughter Eliza Webb wife of William Webb
five dollars, Mary Morn wife of William Morn five dollars,
To David McKitrick James McKitrick Wiley McKitrick Almira
S. McKitrick Children of my deceased son George McKitrick five
dollars to be divided equally between said four grandchildren.
To James Nash and Mary Nash children of my deceased daughter
Emily Nash to be equally Divided between said two grand
children. To Harry S McKitrick my son five Dollars. To
Catherine Jackson wife of William Jackson five dollars =
To Susan Freshwater daughter of my deceased daughter Aimee
five dollars. To Arthur F. McKitrick my son five dollars. To
Orlando Dulen and his brother and Susan Dulen children
of my deceased daughter Susan five Dollars to be equally Divided
between my three said grand children.
All said legacies to be paid said legatees within Sixty days after
my decease of demanded and at any subsequent time, if not
paid before, when demanded -
I give and bequeath to my beloved wife Julia Ann McKitrick all
the residue of my estate real and personal or mixed to her and
for her own benefit and use and control to use for her support
comfort and enjoyment and for this purpose she is fully authorized
to sell and dispose of any part of said property she may find necessary
Provided, however, that if my said beloved wife Julia Ann should
again marry She is to be entitled to only her legal claims of my
Said Estate and the residue of this bequest to my beloved wife
aforesaid shall be equally divided among my legal heirs.
I do nominate my said beloved wife Julia Ann McKitrick
and hereby appoint her my Sole Executrix of this my last will
and Testament.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 153)
Description
[page 153]
[corresponds to labeled page 120 of Will Records Vol. 5 1869-1876]
120
Record of the Last Will of James McKittrick
In witness whereof I, the said James McKitrick have hereunto
set my hand and seal this 25th day of February AD 1861.
James McKitrick. {seal}
Signed sealed and declared by said James McKitrick 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
thereto in the presence of each other.
E A Wigton }
H. T Havens }
James Eaton }
State of Illinois }
Livingston County ss }
I, R B Harrington Clerk of the County Court
in and for said County, do hereby certify that the foregoing
is a true copy of the Will of James McKitrick deceased as
appears on record in my office. Witness my hand and official
seal at Pontiac this 20th day of October AD 1868.
RB Harrington
U.S. Stamp County Clerk.
Record of the Last Will of Daniel Swartz deceased.
Proceedings had before the Hon B C Waters, Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House on the 19th day of
December AD 1870.
And thereupon the following order was made in the Journal
as follows to-wit:
Will and Estate of Daniel Swartz deceased -
This day the last will and Testament of Daniel Swartz
deceased was presented for Probate & record, whereupon Dr.
Abraham Blymire and David Humphries, the subscribing
witnesses thereto 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 Daniel Swartz was at the time of executing the same of
full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered that the
said will be admitted to Probate and Record as duly
proved as the last will and Testament of the said Daniel
Swartz deceased and be recorded as such: And thereupon
William Seigfried and Thomas Slough the Executors named in
the will, gave bond in the sum of $25000 with A. Blymyer &
James Cox as their sureties Bond accepted. Letters issued and no appraiser opt.
B.C. Waters P. J.
[corresponds to labeled page 120 of Will Records Vol. 5 1869-1876]
120
Record of the Last Will of James McKittrick
In witness whereof I, the said James McKitrick have hereunto
set my hand and seal this 25th day of February AD 1861.
James McKitrick. {seal}
Signed sealed and declared by said James McKitrick 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
thereto in the presence of each other.
E A Wigton }
H. T Havens }
James Eaton }
State of Illinois }
Livingston County ss }
I, R B Harrington Clerk of the County Court
in and for said County, do hereby certify that the foregoing
is a true copy of the Will of James McKitrick deceased as
appears on record in my office. Witness my hand and official
seal at Pontiac this 20th day of October AD 1868.
RB Harrington
U.S. Stamp County Clerk.
Record of the Last Will of Daniel Swartz deceased.
Proceedings had before the Hon B C Waters, Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his office in the Court House on the 19th day of
December AD 1870.
And thereupon the following order was made in the Journal
as follows to-wit:
Will and Estate of Daniel Swartz deceased -
This day the last will and Testament of Daniel Swartz
deceased was presented for Probate & record, whereupon Dr.
Abraham Blymire and David Humphries, the subscribing
witnesses thereto 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 Daniel Swartz was at the time of executing the same of
full age and of sound mind and memory and not under
any restraint. It is therefore considered and ordered that the
said will be admitted to Probate and Record as duly
proved as the last will and Testament of the said Daniel
Swartz deceased and be recorded as such: And thereupon
William Seigfried and Thomas Slough the Executors named in
the will, gave bond in the sum of $25000 with A. Blymyer &
James Cox as their sureties Bond accepted. Letters issued and no appraiser opt.
B.C. Waters P. J.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 154)
Description
[page 154]
[corresponds to labeled page 121 of Will Records Vol. 5 1869-1876]
121
Record of the Last Will of Daniel Swartz, decd -
Copy of Will.
In the name of the Benevolent Father of All: I Daniel Swartz
do make and publish this my last will and Testament.
Item First:
I give and bequeath to my son-in-law, William
Siegfried my South farm having the brick house and stone
barn and containing about one hundred and twenty five
acres in consideration that he pay to Sarah Emily Graham
when she arrives at the age of twenty one Five Hundred
dollars and to Margaret Alms Grahm Five Hundred
dollars when she arrives at the age of Twenty one. and
to John Charles Graham Five Hundred dollars when he arrives
at the age of twenty one And to Daniel Edward Graham
Five Hundred dollars when he arrives at the age of twenty
one and to Lewis Reverdy Graham Five Hundred dollars
when he arrives at the age of twenty one. All children
of Lewis Graham by my daughter Ellamina, And to
Clara Annetta Miller One Thousand dollars when she
arrives at the age of twenty one and to Hosea Ellsnk
Miller One Thousand dollars when he arrives at the age of
twenty one both Children of Daniel Miller by my
daughter Caroline reserving to my wife the two north rooms
in the brick house for her own use as long as She may live
the said sums drawing no x under any circumstances
until after my decease and conditional further that said
William Seigfried furnish my said wife Sarah all wood
and eatables and do her washing and mending and furnish
her a horse and buggy whenever she wishes one to go around.
Item Second:
I devise and bequeath to my son-in-law Thomas
Slough my north farm having a stone house and containing
one hundred and twenty four acres of land in consideration that
he pay thirty five hundred dollars as follows: To each of the
following named children as they become of the age of twenty on
years of age Five Hundred dollars Sarah Emily Graham
Margaret Alma Graham John Charles Graham David Edward
Graham and Lewis Reverdy Graham and to Clara Amsten Miller
and Hosea Ellsworth Miller - in no case interest or principle
to be paid until after my decease or the above named sums,
reserving the two north rooms in the Stone house for my
said wife Sarah and for her own use as long as She may live
and conditioned further that the said Thomas Slough shall
furnish my said wife Sarah all wood and eatables and
board do her washing and mending and a home and buggy
whenever she may wish to ride.
Item Third:
I give and devise to my ^said wife Sarah in lieu of her
[corresponds to labeled page 121 of Will Records Vol. 5 1869-1876]
121
Record of the Last Will of Daniel Swartz, decd -
Copy of Will.
In the name of the Benevolent Father of All: I Daniel Swartz
do make and publish this my last will and Testament.
Item First:
I give and bequeath to my son-in-law, William
Siegfried my South farm having the brick house and stone
barn and containing about one hundred and twenty five
acres in consideration that he pay to Sarah Emily Graham
when she arrives at the age of twenty one Five Hundred
dollars and to Margaret Alms Grahm Five Hundred
dollars when she arrives at the age of Twenty one. and
to John Charles Graham Five Hundred dollars when he arrives
at the age of twenty one And to Daniel Edward Graham
Five Hundred dollars when he arrives at the age of twenty
one and to Lewis Reverdy Graham Five Hundred dollars
when he arrives at the age of twenty one. All children
of Lewis Graham by my daughter Ellamina, And to
Clara Annetta Miller One Thousand dollars when she
arrives at the age of twenty one and to Hosea Ellsnk
Miller One Thousand dollars when he arrives at the age of
twenty one both Children of Daniel Miller by my
daughter Caroline reserving to my wife the two north rooms
in the brick house for her own use as long as She may live
the said sums drawing no x under any circumstances
until after my decease and conditional further that said
William Seigfried furnish my said wife Sarah all wood
and eatables and do her washing and mending and furnish
her a horse and buggy whenever she wishes one to go around.
Item Second:
I devise and bequeath to my son-in-law Thomas
Slough my north farm having a stone house and containing
one hundred and twenty four acres of land in consideration that
he pay thirty five hundred dollars as follows: To each of the
following named children as they become of the age of twenty on
years of age Five Hundred dollars Sarah Emily Graham
Margaret Alma Graham John Charles Graham David Edward
Graham and Lewis Reverdy Graham and to Clara Amsten Miller
and Hosea Ellsworth Miller - in no case interest or principle
to be paid until after my decease or the above named sums,
reserving the two north rooms in the Stone house for my
said wife Sarah and for her own use as long as She may live
and conditioned further that the said Thomas Slough shall
furnish my said wife Sarah all wood and eatables and
board do her washing and mending and a home and buggy
whenever she may wish to ride.
Item Third:
I give and devise to my ^said wife Sarah in lieu of her
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 155)
Description
[page 155]
[corresponds to labeled page 122 of Will Records Vol. 5 1869-1876]
122
Record of the Last Will of Daniel Swartz, decd
dower in the farm aforesaid all my goods, chattles, monies
personal property of every description, notes, bonds and
mortgages for her own use and benefit as long as he may
live and after her death to be divided into four equal shares
to be distributed as follows: One share to William Seigfried
One share to Thomas Slough, one share to the children of
Lewis Graham, equal parts and one share to the children of
Daniel Miller in equal parts. The above distribution to be
made by my Executors after my said wife decease.
Item Fourth
I do hereby nominate and appoint William
Seigfried and Thomas Slough, Executors of this my last
will and Testament hereby authorizing them and empowering
them to adjust release and discharged in such manner as
they may deem proper the debts and claims due me and
settle all debts as may be right and proper. 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 persuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have and do hereunto set my
hand and seal this sixth day of September AD 1869.
Signed and acknowledged by said Daniel Swartz as
his last will and Testament in our presence and signed
by us in his presence.
A. Blymeyer } Daniel Swartz {seal}
David Humphries }
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last Will and Testament of Daniel Swartz
of Delaware Township and County deceased:
We Abraham Blymer and David Humphries being duly sworn
in open Court this 19th day of December AD 1870, depose and say
that we were present at the execution of the last will and
testament of Daniel Swartz of Delaware Township hereunto
annexed, bearing date Sixth day of September 1869: that we
saw said testator subscribe said will, and heard him
publish and declare the same to be his last will and tes-
tament, 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 presence
of each other.
A. Blymyer
David Humphries
Sworn to and subscribed before me, in the Probate Court
this 19th day of December AD 1870. BC Waters
Probate Judge
[corresponds to labeled page 122 of Will Records Vol. 5 1869-1876]
122
Record of the Last Will of Daniel Swartz, decd
dower in the farm aforesaid all my goods, chattles, monies
personal property of every description, notes, bonds and
mortgages for her own use and benefit as long as he may
live and after her death to be divided into four equal shares
to be distributed as follows: One share to William Seigfried
One share to Thomas Slough, one share to the children of
Lewis Graham, equal parts and one share to the children of
Daniel Miller in equal parts. The above distribution to be
made by my Executors after my said wife decease.
Item Fourth
I do hereby nominate and appoint William
Seigfried and Thomas Slough, Executors of this my last
will and Testament hereby authorizing them and empowering
them to adjust release and discharged in such manner as
they may deem proper the debts and claims due me and
settle all debts as may be right and proper. 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 persuance of the Statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have and do hereunto set my
hand and seal this sixth day of September AD 1869.
Signed and acknowledged by said Daniel Swartz as
his last will and Testament in our presence and signed
by us in his presence.
A. Blymeyer } Daniel Swartz {seal}
David Humphries }
Proof of Will.
The State of Ohio }
Delaware County ss }
In the matter of the last Will and Testament of Daniel Swartz
of Delaware Township and County deceased:
We Abraham Blymer and David Humphries being duly sworn
in open Court this 19th day of December AD 1870, depose and say
that we were present at the execution of the last will and
testament of Daniel Swartz of Delaware Township hereunto
annexed, bearing date Sixth day of September 1869: that we
saw said testator subscribe said will, and heard him
publish and declare the same to be his last will and tes-
tament, 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 presence
of each other.
A. Blymyer
David Humphries
Sworn to and subscribed before me, in the Probate Court
this 19th day of December AD 1870. BC Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 156)
Description
[page 156]
[corresponds to labeled page 123 of Will Records Vol. 5 1869-1876]
123
Record of the Last Will of Joseph Linnabary, deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
14th day of February A.D. 1871.
And thereof to-wit on the said 14th day of February A.D. 1871
the following order was made in the Journal as follows to-wit.
February 14th 1871, Will and Estate of Jos. Linnabery deceased
This day the last will and testament of Joseph Linnaberry deceased
was presented for Probate Record whereupon Daniel Hunt and Deni-
son Johnson the subscribing witness thereto come and were duly
sworn and examined and there 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 Joseph Linnabary was 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 considered and or-
dered that the said will be admitted to Probate and Record as
duly proved as the last will and testament of the said Jos. Lin-
nabery deceased - And at the same time came Massa Linnabery
widow of said Joseph Linnabery and the executive named in the
will and declined the said trust and asked the Court to appoint
Eri Linnabery as Administrator with the will annexed which was
accordingly done and the said Eri Linnabery gave a bond in
the sum of Six Thousand dollars with Daniel Hunt and Den-
son Johnson as his sureties and the Court appoint Denison Johnson
and E.H. Hunt and Riley Groves appraisers. Said bond accepted
and letters issued. B.C. Waters
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all; I Joseph Linnabery
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 the farm on which we now reside situate in Harlem Township
Delaware County State of Ohio containing about ninety seven acres
during her natural life and the Stock Household goods Furnature,
Provisions and other goods and Chattles which may be thereon at
the time of my decease during his natural life as aforesaid. She
however selling so much thereof as may be sufficient to pay my
Just debts -
Item - I appoint and make the said Massa Linnabery my beloved
wife Executrix of my last will and testament to control with the
above will as she pleases. At the death of my said wife the Real
Estate aforesaid and such part of the said personal property or
the proceed thereof as may remain unconsumed and unexpended
And I appoint and make the said Eri Linnabery and Edson
Linnabery Administrators to divide equally among my heirs.
[corresponds to labeled page 123 of Will Records Vol. 5 1869-1876]
123
Record of the Last Will of Joseph Linnabary, deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
14th day of February A.D. 1871.
And thereof to-wit on the said 14th day of February A.D. 1871
the following order was made in the Journal as follows to-wit.
February 14th 1871, Will and Estate of Jos. Linnabery deceased
This day the last will and testament of Joseph Linnaberry deceased
was presented for Probate Record whereupon Daniel Hunt and Deni-
son Johnson the subscribing witness thereto come and were duly
sworn and examined and there 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 Joseph Linnabary was 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 considered and or-
dered that the said will be admitted to Probate and Record as
duly proved as the last will and testament of the said Jos. Lin-
nabery deceased - And at the same time came Massa Linnabery
widow of said Joseph Linnabery and the executive named in the
will and declined the said trust and asked the Court to appoint
Eri Linnabery as Administrator with the will annexed which was
accordingly done and the said Eri Linnabery gave a bond in
the sum of Six Thousand dollars with Daniel Hunt and Den-
son Johnson as his sureties and the Court appoint Denison Johnson
and E.H. Hunt and Riley Groves appraisers. Said bond accepted
and letters issued. B.C. Waters
Probate Judge.
Copy of Will.
In the name of the Benevolent Father of all; I Joseph Linnabery
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 the farm on which we now reside situate in Harlem Township
Delaware County State of Ohio containing about ninety seven acres
during her natural life and the Stock Household goods Furnature,
Provisions and other goods and Chattles which may be thereon at
the time of my decease during his natural life as aforesaid. She
however selling so much thereof as may be sufficient to pay my
Just debts -
Item - I appoint and make the said Massa Linnabery my beloved
wife Executrix of my last will and testament to control with the
above will as she pleases. At the death of my said wife the Real
Estate aforesaid and such part of the said personal property or
the proceed thereof as may remain unconsumed and unexpended
And I appoint and make the said Eri Linnabery and Edson
Linnabery Administrators to divide equally among my heirs.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 157)
Description
[page 157]
[corresponds to labeled page 124 of Will Records Vol. 5 1869-1876]
124
Record of the Last Will of Joseph Linnabery decd
In testimony whereof I have hereunto set my hand and seal
this first of October A.D. 1870.
Joseph Linnabery.
Signed and acknowledged by said Joseph Linnaberry as his last
will and testament in our presence and signed by us in
his presence. Daniel Hunt.
Denison Johnson.
Proof of Will.
the State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Joseph Linnabary late of Harlem Township deceased.
We Daniel Hunt and Denison Johnson being duly
sworn in open Court this 14th day of February A.D. 1871. depose
and say that we were present at the execution of the last will
and testament of Joseph Linnabery of Harlem Township Del.
aware County Ohio hereunto annexed bearing date First day of
October 1870; that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last
will and Testament, and that the said testator at the time of
executing the same, was of full age, and of sound mind and
memory, and not under 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 Hunt.
Dennison Johnson.
Sworn to and subscribed before me in the Probate Court this
14th day of February A.D. 1871. B.C. Waters.
Probate Judge.
___________________________________________________
Record of the Last Will of Samuel Dowell deceased.
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 20th day
of February A.D. 1871.
And thereupon to-wit on the said 20th day of February the
following order was made in the Journal as follows to-wit:
February 20th 1871.
Will and estate of Samuel Dowell deceased -
On this day the last will and testament of Samuel Dowell of Del-
aware County, deceased was presented for Probate and Record whereupon
P.C. Beard and Columbus D. Pierce the subscribing witnesses thereto
came 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 said will was duly executed and
attested and that the said testator Samuel Dowell was at
the time of executing the same of full age and of sound
[corresponds to labeled page 124 of Will Records Vol. 5 1869-1876]
124
Record of the Last Will of Joseph Linnabery decd
In testimony whereof I have hereunto set my hand and seal
this first of October A.D. 1870.
Joseph Linnabery.
Signed and acknowledged by said Joseph Linnaberry as his last
will and testament in our presence and signed by us in
his presence. Daniel Hunt.
Denison Johnson.
Proof of Will.
the State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Joseph Linnabary late of Harlem Township deceased.
We Daniel Hunt and Denison Johnson being duly
sworn in open Court this 14th day of February A.D. 1871. depose
and say that we were present at the execution of the last will
and testament of Joseph Linnabery of Harlem Township Del.
aware County Ohio hereunto annexed bearing date First day of
October 1870; that we saw the said testator subscribe said will
and heard him publish and declare the same to be his last
will and Testament, and that the said testator at the time of
executing the same, was of full age, and of sound mind and
memory, and not under 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 Hunt.
Dennison Johnson.
Sworn to and subscribed before me in the Probate Court this
14th day of February A.D. 1871. B.C. Waters.
Probate Judge.
___________________________________________________
Record of the Last Will of Samuel Dowell deceased.
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 20th day
of February A.D. 1871.
And thereupon to-wit on the said 20th day of February the
following order was made in the Journal as follows to-wit:
February 20th 1871.
Will and estate of Samuel Dowell deceased -
On this day the last will and testament of Samuel Dowell of Del-
aware County, deceased was presented for Probate and Record whereupon
P.C. Beard and Columbus D. Pierce the subscribing witnesses thereto
came 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 said will was duly executed and
attested and that the said testator Samuel Dowell was at
the time of executing the same of full age and of sound
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 158)
Description
[page 158]
[corresponds to labeled page 125 of Will Records Vol. 5 1869-1876]
125
Record of the Last Will of Samuel Dowell decd
mind and memory and not under any restraint. it is
therefore considered and ordered that the said will be admitted to
Probate and Record as duly proved as the last will and testament
of the said Samuel Dowell deceased. And at the same time
George Deets Executor named in the will gave bonds in the
sum of Eight Thousand Eight Hundred dollars with
Copy of the Will.
In the name of the Benevolent Father of us all I Samuel
Dowell of Delaware County Ohio considering the uncertainty
of life and the certainty of death and being of sound mind
and ^good memory and lawful age do make and publish this my
last will and testament.
Item 1st I devise that my Just debts be paid out of my
personal property.
Item 2d I do hereby give and bequeath to my much respected
wife Mary M. Dowell all the household goods of every description
belonging to her and me at my death
Item 3d I hereby give and bequeath to my much respected
friend George Deets all my real estate in Porter Township Del-
aware County Ohio during his natural life. After his death
I devise that his daughters Mary A Deets and Clarisa D. Deets
have all my real estate after the death of said George Deets
to be kept and owned by said daughters as long as either or
both of them shall live then to descent to their heirs according
to law -
Item 4th I devise that my friend George Deets maintain me
and my much respected wife during our natural lives and
the longest lived of us and in case said Deets should not out-
live both of us the property herein willed to said Deets to
be bound for the maintenance of myself and wife -
Item 5th I give and bequeath to my much respected friend
George Deets all my personal property at my decease-
Item 6th I hereby nominate and appoint my friend George Deets
Executor of this my last will and testament authorizing and
empowering him if it becomes necessary to adjust the claims and
debts due me and to sell any or all of my personal property
in order to pay my just debts and titles for the same to make
and execute. I devise that no appraisement of my property be
made and that the Judge of Probate direct the omission of the same
according to the statutes in such cases made and provided-
In testimony whereof I have hereunto set my hand seal in pres-
ence of P.C. Beard and Columbus D. Pierce this 10th day of Feby,
A.D. 1870. Samuel x Dowell {Seal}
Signed and acknowledged by said Samuel Dowell as his last will
and testament in our presence and by us in his presence this 10th
[corresponds to labeled page 125 of Will Records Vol. 5 1869-1876]
125
Record of the Last Will of Samuel Dowell decd
mind and memory and not under any restraint. it is
therefore considered and ordered that the said will be admitted to
Probate and Record as duly proved as the last will and testament
of the said Samuel Dowell deceased. And at the same time
George Deets Executor named in the will gave bonds in the
sum of Eight Thousand Eight Hundred dollars with
Copy of the Will.
In the name of the Benevolent Father of us all I Samuel
Dowell of Delaware County Ohio considering the uncertainty
of life and the certainty of death and being of sound mind
and ^good memory and lawful age do make and publish this my
last will and testament.
Item 1st I devise that my Just debts be paid out of my
personal property.
Item 2d I do hereby give and bequeath to my much respected
wife Mary M. Dowell all the household goods of every description
belonging to her and me at my death
Item 3d I hereby give and bequeath to my much respected
friend George Deets all my real estate in Porter Township Del-
aware County Ohio during his natural life. After his death
I devise that his daughters Mary A Deets and Clarisa D. Deets
have all my real estate after the death of said George Deets
to be kept and owned by said daughters as long as either or
both of them shall live then to descent to their heirs according
to law -
Item 4th I devise that my friend George Deets maintain me
and my much respected wife during our natural lives and
the longest lived of us and in case said Deets should not out-
live both of us the property herein willed to said Deets to
be bound for the maintenance of myself and wife -
Item 5th I give and bequeath to my much respected friend
George Deets all my personal property at my decease-
Item 6th I hereby nominate and appoint my friend George Deets
Executor of this my last will and testament authorizing and
empowering him if it becomes necessary to adjust the claims and
debts due me and to sell any or all of my personal property
in order to pay my just debts and titles for the same to make
and execute. I devise that no appraisement of my property be
made and that the Judge of Probate direct the omission of the same
according to the statutes in such cases made and provided-
In testimony whereof I have hereunto set my hand seal in pres-
ence of P.C. Beard and Columbus D. Pierce this 10th day of Feby,
A.D. 1870. Samuel x Dowell {Seal}
Signed and acknowledged by said Samuel Dowell as his last will
and testament in our presence and by us in his presence this 10th
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 159)
Description
[page 159]
[corresponds to labeled page 126 of Will Records Vol. 5 1869-1876]
126
Record of the Last Will of Samuel Dowell decd
day of February A. D. 1970 P.C. Beard
Columbus D. Pierce
Proof of Will
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Samuel Dowell deceased, Mr. P. C. Beard and Columbus D.
Pierce being duly sworn in open Court this 20th day of February
A. D. 1871 depose and say that we were present at the execution
of the last will and testament of Samuel Dowell deceased
of Delaware County hereunto annexed, bearing date 10th day
of February A.D. 1870; 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 witness of his request and in his presence
and in the presence of each other.
P. C. Beard
Columbus D. Pierce
Sworn and subscribed before me in the Probate Court this
20th day of February A.D. 1871. B.C. Waters
Probate Judge.
Record of the Last Will of Maria Thompson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
Office in the Court House in the Town of Delaware on the 10th day
of April A D 1871
Will and Estate of Mrs Maria Thompson decd
On this day the last will and testament of Maria Thompson
Delaware County decd will presented for Probate and Record
Whereupon R C Hand and S.M. Bright the subscribing Witnesses
thereto and were duly Sworn 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 it is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly
proven as the Last Will and testaments Maria Thompson
decd & at same time came Henry Rent Executor named
in the will and gave Bonds in the Sum $3000 with
Perry Kenyon and W.T. Watson as his Sureties Bond accepted
letters issued etc B. C. Waters Probate
Judge
[corresponds to labeled page 126 of Will Records Vol. 5 1869-1876]
126
Record of the Last Will of Samuel Dowell decd
day of February A. D. 1970 P.C. Beard
Columbus D. Pierce
Proof of Will
The State of Ohio }
Delaware County ss }
In the matter of the last will and testament
of Samuel Dowell deceased, Mr. P. C. Beard and Columbus D.
Pierce being duly sworn in open Court this 20th day of February
A. D. 1871 depose and say that we were present at the execution
of the last will and testament of Samuel Dowell deceased
of Delaware County hereunto annexed, bearing date 10th day
of February A.D. 1870; 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 witness of his request and in his presence
and in the presence of each other.
P. C. Beard
Columbus D. Pierce
Sworn and subscribed before me in the Probate Court this
20th day of February A.D. 1871. B.C. Waters
Probate Judge.
Record of the Last Will of Maria Thompson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
Office in the Court House in the Town of Delaware on the 10th day
of April A D 1871
Will and Estate of Mrs Maria Thompson decd
On this day the last will and testament of Maria Thompson
Delaware County decd will presented for Probate and Record
Whereupon R C Hand and S.M. Bright the subscribing Witnesses
thereto and were duly Sworn 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 it is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly
proven as the Last Will and testaments Maria Thompson
decd & at same time came Henry Rent Executor named
in the will and gave Bonds in the Sum $3000 with
Perry Kenyon and W.T. Watson as his Sureties Bond accepted
letters issued etc B. C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 160)
Description
[page 160]
[corresponds to labeled page 127 of Will Records Vol. 5 1869-1876]
127
Record of the Last Will of Maria Thompson decd
In the name of the Benevolent Father of all
I Maria Thompson of Delaware County Ohio do make this my Last Will
and testament
Item 1st It is my will that all expenses of my Sickness and Burial including
a good respectable Tomb Stone Shall be first paid
Item 2nd If there Should be anything left after paying the above I give to
my Sister Phebe Rust Four Hundred Dollars $400
Item 3rd If there Shall be anything left after paying the above amts
specified I give to Emily Kenyon Twenty five dollars $25.00
I give to Larry Janes Twenty five dollars $25.00 I give to Andrus twenty
five dollars $25.00 I give to Aurelia Valentine Twenty five dollars $25.00
I give to Hubert A. Janes Fifty dollars $50.00 I give to Henry Rust
Fifty dollars $50.00
Item 4th If after paying my expenses as Specified in Item A and giving to
Phebe Rust as specified in Item 2nd There shall not be a Sufficient
Amount to pay as Specified in Item 3d to Rev Peorata of whatever amt
there may me be Left
Item Fifth If there is Sufficient to pay as Specified in Items 1st and 2d + 3d then
I give to my Sister Phebe Rent all that may remain of any money
or credits belonging to me
Item 6th I do hereby nominate Henry ^S. Rust Executor of this my last will
and testament hereby authorizing him to adjust in Such a
manner as he may deem proper the debt and claims due
me In testimony hereof I have hereunto Set my hand
and Seal this Sixth day of March AD in the year one Thousand
her
-d Eight Hundred and Seventy one } Maria + Thompson
Signed and acknowledged by Said } Mark
Maria Thompson as her last will }
and testaments in our presence }
and signed by us in her Presence }
R.C. Hall }
S M Bright }
The State of Ohio Delaware County Ss
In the Matter of the last will and testament of Mrs Maria Thompson of Berlin
Township Delaware county deceased We R C Hall and S M Bright
being duly Sworn in open Court this 10th day of April AD 1871 depose and
Say that we were present at the Execution of the last Will and testaments
of Mrs Maria Thompson of Berlin Township of said County hereunto
annexed and bearing date Sixth of March 1871 that We Saw the said
testator Subscribe Said Will and heard her publish and declare the
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
Signed the Same ^as witnesses at Her request and in her presence and in the presence
of each other R.C. Hall]
Sworn to and Subscribed before me ^in the Probate } S.M. Bright
Court this 10th day of April A D 1871
B.C. Waters Probate Judge
[corresponds to labeled page 127 of Will Records Vol. 5 1869-1876]
127
Record of the Last Will of Maria Thompson decd
In the name of the Benevolent Father of all
I Maria Thompson of Delaware County Ohio do make this my Last Will
and testament
Item 1st It is my will that all expenses of my Sickness and Burial including
a good respectable Tomb Stone Shall be first paid
Item 2nd If there Should be anything left after paying the above I give to
my Sister Phebe Rust Four Hundred Dollars $400
Item 3rd If there Shall be anything left after paying the above amts
specified I give to Emily Kenyon Twenty five dollars $25.00
I give to Larry Janes Twenty five dollars $25.00 I give to Andrus twenty
five dollars $25.00 I give to Aurelia Valentine Twenty five dollars $25.00
I give to Hubert A. Janes Fifty dollars $50.00 I give to Henry Rust
Fifty dollars $50.00
Item 4th If after paying my expenses as Specified in Item A and giving to
Phebe Rust as specified in Item 2nd There shall not be a Sufficient
Amount to pay as Specified in Item 3d to Rev Peorata of whatever amt
there may me be Left
Item Fifth If there is Sufficient to pay as Specified in Items 1st and 2d + 3d then
I give to my Sister Phebe Rent all that may remain of any money
or credits belonging to me
Item 6th I do hereby nominate Henry ^S. Rust Executor of this my last will
and testament hereby authorizing him to adjust in Such a
manner as he may deem proper the debt and claims due
me In testimony hereof I have hereunto Set my hand
and Seal this Sixth day of March AD in the year one Thousand
her
-d Eight Hundred and Seventy one } Maria + Thompson
Signed and acknowledged by Said } Mark
Maria Thompson as her last will }
and testaments in our presence }
and signed by us in her Presence }
R.C. Hall }
S M Bright }
The State of Ohio Delaware County Ss
In the Matter of the last will and testament of Mrs Maria Thompson of Berlin
Township Delaware county deceased We R C Hall and S M Bright
being duly Sworn in open Court this 10th day of April AD 1871 depose and
Say that we were present at the Execution of the last Will and testaments
of Mrs Maria Thompson of Berlin Township of said County hereunto
annexed and bearing date Sixth of March 1871 that We Saw the said
testator Subscribe Said Will and heard her publish and declare the
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
Signed the Same ^as witnesses at Her request and in her presence and in the presence
of each other R.C. Hall]
Sworn to and Subscribed before me ^in the Probate } S.M. Bright
Court this 10th day of April A D 1871
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 161)
Description
[page 161]
[corresponds to labeled page 128 of Will Records Vol. 5 1869-1876]
128
Record of the Last will of John Shultz deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the county of Delaware and State of Ohio
at his office in the Court House in the town of Delaware on the
2d day of February A D 1871
Will and estate of John Shultz deceased
On this day the last will and testament of John Shultz of Delaware
County deceased were presented for Probate and Record Whereupon
Hugh Cole and Mathias Elee the Subscribing witnesses thereto
Came into open Court and were duly Sworn and there testimony
reduced to writing and 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 John Shultz at the time of
Executing the Same was of full age and of Sound mind and
memory and not under any restraint it is there considered and
ordered that the Said Will be admitted to Probate and and Record
as duly Proved as the Last Will and testament of John Shultz
deceased and at the Same time Came Solomon Roger Executor
named in the Will and Gave Bond in the Sum of $12000 dollars
With Hugh Cole and Mathias Elee as his Surities Bond accepted
letters issued etc B.C. Waters Probate Judge
Copy of Will of John Shultz
In the name of the Benevolent Father of all I John Shultz of the
County of Delaware and State of Ohio do make this and Publish
this my last will and testaments
First I bequeath to my beloved Wife the full possession of my
Farms and all the Stock which is on the Said farms and as much
as much of the Proceeds as Will be required for the consumption of herself
and Family So long as She may live and the over plus is to be sold
by my Administrator Solomon Roger and the money to be put out
on Interest for my heirs and my Administrator is to have the oversite
and Management of my farms and Stock and the Proceeds of the Same
2d I give to my Son Emanuel Shultz within one year five dollars to
my Son J. P. Shultz five dollars to G. W. Shultz five dollars and to
Daniel Shultz five dollars and to J. F. Shultz one Bay Horse two
years old part which he now claims as a present from his Father
and five dollars in money and to my son Wm. H. Shultz and to my
Son F. M. Shultz one Hundred dollars each at the age of nineteen
if they are good and faithful to their mother as during her natural life
and I give to my Daughter Lucinda Jane Cline five dollars and to
Lovina Stene five dollars and to Daughter Mary Ann Strine
one hundred and five dollars and to Lydia Ellen Hunter one Hundred
and five dollars Clarra Bell Shultz one Hundred and five dollars
when She is Eighteen years old and at the death of my beloved
wife my Administrator is to Sell all of my property chattles and
real to the highest Responsible Bidder and after paying all necessary
expenses then to divide all equally between Said Heirs and I do
appoint Solomon Roger my Legal Administrator to Settle
[corresponds to labeled page 128 of Will Records Vol. 5 1869-1876]
128
Record of the Last will of John Shultz deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the county of Delaware and State of Ohio
at his office in the Court House in the town of Delaware on the
2d day of February A D 1871
Will and estate of John Shultz deceased
On this day the last will and testament of John Shultz of Delaware
County deceased were presented for Probate and Record Whereupon
Hugh Cole and Mathias Elee the Subscribing witnesses thereto
Came into open Court and were duly Sworn and there testimony
reduced to writing and 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 John Shultz at the time of
Executing the Same was of full age and of Sound mind and
memory and not under any restraint it is there considered and
ordered that the Said Will be admitted to Probate and and Record
as duly Proved as the Last Will and testament of John Shultz
deceased and at the Same time Came Solomon Roger Executor
named in the Will and Gave Bond in the Sum of $12000 dollars
With Hugh Cole and Mathias Elee as his Surities Bond accepted
letters issued etc B.C. Waters Probate Judge
Copy of Will of John Shultz
In the name of the Benevolent Father of all I John Shultz of the
County of Delaware and State of Ohio do make this and Publish
this my last will and testaments
First I bequeath to my beloved Wife the full possession of my
Farms and all the Stock which is on the Said farms and as much
as much of the Proceeds as Will be required for the consumption of herself
and Family So long as She may live and the over plus is to be sold
by my Administrator Solomon Roger and the money to be put out
on Interest for my heirs and my Administrator is to have the oversite
and Management of my farms and Stock and the Proceeds of the Same
2d I give to my Son Emanuel Shultz within one year five dollars to
my Son J. P. Shultz five dollars to G. W. Shultz five dollars and to
Daniel Shultz five dollars and to J. F. Shultz one Bay Horse two
years old part which he now claims as a present from his Father
and five dollars in money and to my son Wm. H. Shultz and to my
Son F. M. Shultz one Hundred dollars each at the age of nineteen
if they are good and faithful to their mother as during her natural life
and I give to my Daughter Lucinda Jane Cline five dollars and to
Lovina Stene five dollars and to Daughter Mary Ann Strine
one hundred and five dollars and to Lydia Ellen Hunter one Hundred
and five dollars Clarra Bell Shultz one Hundred and five dollars
when She is Eighteen years old and at the death of my beloved
wife my Administrator is to Sell all of my property chattles and
real to the highest Responsible Bidder and after paying all necessary
expenses then to divide all equally between Said Heirs and I do
appoint Solomon Roger my Legal Administrator to Settle
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 162)
Description
[page 162]
[corresponds to labeled page 129 of Will Records Vol. 5 1869-1876]
129
Will and Estate of John Shultz decd
my estate between my Said Heirs
This 2d of February 1871
Signed and Acknowledged by said
John Shultz Signed John Shultz
Signed and acknowledged by
Said John Shultz in his Last
Will and testaments in our
presence and in his presence
Attest Hugh Cole
Mathias Elee
The State of Ohio Delaware County ss
In the matter of the last Will and testaments of John Shultz of Marlborough
Township deceased
We Hugh Cole and Mathias Klee being duly Sworn
in open Court this 28th day of March A D 1871 depose and Say that we were
present at the Execution of the last Will and testaments of John Shultz
Of Marlborough Township hereunto annexed bearing date 2nd day of
February A D 1871 that we Saw the Said testator Subscribe Said Will and heard
him publish and declare the Same to be his last will and testaments
and that the Said testator at the time of Executing the Same was of full age
and of Sound mind and memory and not under any restraint and
that we Signed the same as witnesses at his request and in his presence and
and in the presence of each other Hugh Cole
Mathias Elee
Sworn to and Subscribed before me in the Probate Court this 28th
day of March A D 1871 B.C. Waters Probate Judge
___________________________________________
___________________________________________
Record of the Last Will of William Miller decd
Record of the last Will of William Miller decd
Proceedings had before the Hon Ben. C. Waters Judge of Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 24th day of March
AD 1871
Will and estate of William Miller deceased
on this day the last Will and Testaments of William Miller deceased were
presented for Probate and Record Whereupon Edward Blain & Peter
Clard the Subscribing witnesses thereto and were duly Sworn and their
Testimony reduced to writing and annexed to the Will and filed therewith
and it appeared 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
it is therefore considered and ordered that the Said Will be admitted to
William Miller decd.
B C Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I William
[corresponds to labeled page 129 of Will Records Vol. 5 1869-1876]
129
Will and Estate of John Shultz decd
my estate between my Said Heirs
This 2d of February 1871
Signed and Acknowledged by said
John Shultz Signed John Shultz
Signed and acknowledged by
Said John Shultz in his Last
Will and testaments in our
presence and in his presence
Attest Hugh Cole
Mathias Elee
The State of Ohio Delaware County ss
In the matter of the last Will and testaments of John Shultz of Marlborough
Township deceased
We Hugh Cole and Mathias Klee being duly Sworn
in open Court this 28th day of March A D 1871 depose and Say that we were
present at the Execution of the last Will and testaments of John Shultz
Of Marlborough Township hereunto annexed bearing date 2nd day of
February A D 1871 that we Saw the Said testator Subscribe Said Will and heard
him publish and declare the Same to be his last will and testaments
and that the Said testator at the time of Executing the Same was of full age
and of Sound mind and memory and not under any restraint and
that we Signed the same as witnesses at his request and in his presence and
and in the presence of each other Hugh Cole
Mathias Elee
Sworn to and Subscribed before me in the Probate Court this 28th
day of March A D 1871 B.C. Waters Probate Judge
___________________________________________
___________________________________________
Record of the Last Will of William Miller decd
Record of the last Will of William Miller decd
Proceedings had before the Hon Ben. C. Waters Judge of Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 24th day of March
AD 1871
Will and estate of William Miller deceased
on this day the last Will and Testaments of William Miller deceased were
presented for Probate and Record Whereupon Edward Blain & Peter
Clard the Subscribing witnesses thereto and were duly Sworn and their
Testimony reduced to writing and annexed to the Will and filed therewith
and it appeared 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
it is therefore considered and ordered that the Said Will be admitted to
William Miller decd.
B C Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I William
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 163)
Description
[page 163]
[corresponds to labeled page 130 of Will Records Vol. 5 1869-1876]
130
Record of the Last Will of William Miller decd
Miller of Harlem Township Delaware County Ohio do make and
publish this my last will and testament
Item 1st I Give and devise to my beloved wife in lieu of her dower one Home
and two Lots Situate in Centerville Delaware County Ohio contained
about acres to my Said wife for Ever and all Stock household
goods furniture provisions and other Goods and Chattle which may be
thereon at the time of my decease forever as aforesaid She however Selling
So much thereof as may be Sufficient to pay my Just debts
Item 2d I do hereby nominate and appoint my beloved Wife Guardian of
my son Henry H Miller until the Said Henry H Miller arrives at the age
of twenty one or intermarries but in case my Should again Marry
her guardianship of said child shall cease and determine upon her
intermarrying my Guardians are hereby enjoined to give my
Child Henry H Miller a good english Education and to rear him in
Habits of industry and inculcate upon him as far as may be duties
of Christianity
I do hereby revoke all former wills by me made the testimony
Whereof I have hereunto set my hand and Seal this 17th day of
March in year of our Lord one thousand Eight hundred and
Seventy one Signed and acknowledged by Said William Miller
as his last Will and testaments in our presence and Signed by
us in his presence his
William x Miller
Edward Blain mark
his
Peter x Clark }
mark } The State of Ohio Delaware County Ss
In the Matter of the last will and testament of William Miller decd
We Edward Blain and Peter Clark being duly Sworn in open
Court this 24th day of March AD 1871 depose and say that we
were present at the Execution of the Last Will and testament of
William Miller of Harlem Township Delaware County hereunto
annexed bearing date 17th day of March 1871 that we Saw the
Said testator Subscribe Said William heard him publish and
declare the Same to be his Last Will and testament and that
the Said testator at the time of executing the Same was of full
age and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and in
his presence and in the presence of each other
Edward Blain
his
Peter x Clark
Sworn to and subscribed before me in the Probate Court this 24th
day of March A.D. 1871 B.C. Waters Probate Judge
[corresponds to labeled page 130 of Will Records Vol. 5 1869-1876]
130
Record of the Last Will of William Miller decd
Miller of Harlem Township Delaware County Ohio do make and
publish this my last will and testament
Item 1st I Give and devise to my beloved wife in lieu of her dower one Home
and two Lots Situate in Centerville Delaware County Ohio contained
about acres to my Said wife for Ever and all Stock household
goods furniture provisions and other Goods and Chattle which may be
thereon at the time of my decease forever as aforesaid She however Selling
So much thereof as may be Sufficient to pay my Just debts
Item 2d I do hereby nominate and appoint my beloved Wife Guardian of
my son Henry H Miller until the Said Henry H Miller arrives at the age
of twenty one or intermarries but in case my Should again Marry
her guardianship of said child shall cease and determine upon her
intermarrying my Guardians are hereby enjoined to give my
Child Henry H Miller a good english Education and to rear him in
Habits of industry and inculcate upon him as far as may be duties
of Christianity
I do hereby revoke all former wills by me made the testimony
Whereof I have hereunto set my hand and Seal this 17th day of
March in year of our Lord one thousand Eight hundred and
Seventy one Signed and acknowledged by Said William Miller
as his last Will and testaments in our presence and Signed by
us in his presence his
William x Miller
Edward Blain mark
his
Peter x Clark }
mark } The State of Ohio Delaware County Ss
In the Matter of the last will and testament of William Miller decd
We Edward Blain and Peter Clark being duly Sworn in open
Court this 24th day of March AD 1871 depose and say that we
were present at the Execution of the Last Will and testament of
William Miller of Harlem Township Delaware County hereunto
annexed bearing date 17th day of March 1871 that we Saw the
Said testator Subscribe Said William heard him publish and
declare the Same to be his Last Will and testament and that
the Said testator at the time of executing the Same was of full
age and of sound mind and memory and not under any restraint
and that we signed the same as witnesses at his request and in
his presence and in the presence of each other
Edward Blain
his
Peter x Clark
Sworn to and subscribed before me in the Probate Court this 24th
day of March A.D. 1871 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 164)
Description
[page 164]
[corresponds to labeled page 131 of Will Records Vol. 5 1869-1876]
131
Record of the Last Will and testament of Ira Blackman deceased
Proceedings had before the Hon Ben C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his Office in
the Court House in the Town of Delaware on the 1st day of April AD 1871
Will and Estate of Ira Blackman deceased
This day the last Will and testament of Ira Blackman deceased was
presented for Probate and Record and it appearing to the Court that Pence
one of the Subscribing witnesses thereto is now deceased and that W.C. Pence
has removed to the State of California and that his Post office address is to the
Court unknown thereupon Came Henry Hodgsen Henry Sherman Benjamin
Benedict and Horace Plumb who being duly Sworn and there testimony
reduced to writing and annexed to the will and filed therewith depose and say
that they are acquainted with the Hand Writing of the Said Ira Blackman
and David Pence and W.C. Pence and upon there oaths Say that
the Signature of the Said Ira Blackman testator and David Pence
and W C Pence are Genuine. It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as the will of
Ira Blackman decd as duly Proved as the Last Will and testament
of the Said Ira Blackman decd and the Executor named in the will
came into Court and accepted Said trust and Gave Bond in
the Sum of $12000 dollars with Benjamin Benedict and Horace
Plumb as his Surities Bond accepted and letters Issued &c
B C Waters Probate Judge
Copy of the Will
I Ira Blackman of Kingston township Delaware County and
State of Ohio being of Sound mind do make and ordain
this my Last will and testament
Firstly It is my Will that my funeral expenses Shall be paid
Secondly All Just debts Shall be fully Paid
Thirdly I give and bequeath to my beloved Wife Sally all my personal
or moveable property to her own use and benefit forever to use
and dispose of as She Shall desire. This is to be understood
and construed that what personal property Shall remain after
the debts and expenses are paid out of the Same
Fourthly I give and bequeath to my Said Wife Sally the use of all the real Estate
during her natural life She is to have all the crops rents and to
use what timber She may need
Lastly I do hereby appoint my Said wife Sally and Henry Hodgden to be
my executor for this my first will and testament
In testimony whereof I have hereunto Set my name and affixed
my Seal this Sixteenth day of January Eighteen Hundred and thirty
Eight Ira Blackman {seal}
Signed published and declared by the above named Ira Blackman
as and for his last will and in presence of us who at his request
have signed and witnessed the same
David Pence
W C Pence
[corresponds to labeled page 131 of Will Records Vol. 5 1869-1876]
131
Record of the Last Will and testament of Ira Blackman deceased
Proceedings had before the Hon Ben C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his Office in
the Court House in the Town of Delaware on the 1st day of April AD 1871
Will and Estate of Ira Blackman deceased
This day the last Will and testament of Ira Blackman deceased was
presented for Probate and Record and it appearing to the Court that Pence
one of the Subscribing witnesses thereto is now deceased and that W.C. Pence
has removed to the State of California and that his Post office address is to the
Court unknown thereupon Came Henry Hodgsen Henry Sherman Benjamin
Benedict and Horace Plumb who being duly Sworn and there testimony
reduced to writing and annexed to the will and filed therewith depose and say
that they are acquainted with the Hand Writing of the Said Ira Blackman
and David Pence and W.C. Pence and upon there oaths Say that
the Signature of the Said Ira Blackman testator and David Pence
and W C Pence are Genuine. It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as the will of
Ira Blackman decd as duly Proved as the Last Will and testament
of the Said Ira Blackman decd and the Executor named in the will
came into Court and accepted Said trust and Gave Bond in
the Sum of $12000 dollars with Benjamin Benedict and Horace
Plumb as his Surities Bond accepted and letters Issued &c
B C Waters Probate Judge
Copy of the Will
I Ira Blackman of Kingston township Delaware County and
State of Ohio being of Sound mind do make and ordain
this my Last will and testament
Firstly It is my Will that my funeral expenses Shall be paid
Secondly All Just debts Shall be fully Paid
Thirdly I give and bequeath to my beloved Wife Sally all my personal
or moveable property to her own use and benefit forever to use
and dispose of as She Shall desire. This is to be understood
and construed that what personal property Shall remain after
the debts and expenses are paid out of the Same
Fourthly I give and bequeath to my Said Wife Sally the use of all the real Estate
during her natural life She is to have all the crops rents and to
use what timber She may need
Lastly I do hereby appoint my Said wife Sally and Henry Hodgden to be
my executor for this my first will and testament
In testimony whereof I have hereunto Set my name and affixed
my Seal this Sixteenth day of January Eighteen Hundred and thirty
Eight Ira Blackman {seal}
Signed published and declared by the above named Ira Blackman
as and for his last will and in presence of us who at his request
have signed and witnessed the same
David Pence
W C Pence
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 165)
Description
[page 165]
[corresponds to labeled page 132 of Will Records Vol. 5 1869-1876]
132
Record of the Last Will of Ira Blackman deceased
The State of Ohio Delaware County Ss
In the Probate Court in the matter of the Last will and testament
of Ira Blackman deceased Hereunto annexed bearing date Sixtee
-nth day of January Eighteen Hundred and thirty Eight and
witnessed by David Pence and W.C. Pence the Said David
Pence now deceased and the Said W.C. Pence whose Residence
is some where in the State of California whose Post office
address to us is unknown but we are acquainted with the Signa
-ture of the Said Ira Blackman and also of the Subscribing
Witnesses thereto and are Satisfied that they are Genuine
and are in the hand writing of the Said Ira Blackman and
David Pence and W C Pence as we hereby believe
his
Benjamin x Benedict
mark
Henry Hodgden
Henry Sherman
Horace Plumb
Sworn to and Subscribed before me this first day of April
AD 1871 B.C. Waters Probate Judge
_________________________________________
Record of the Last Will of Martin Shoub decd
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his Office in the Court House in the Town of
Delaware on the 8th day of April AD 1871
And thereupon on Said 8th day of April 1871 the following
order was made in the Journal as follows to wit
Will and Estate of Martin Shoub deceased
This day the Last Will and testaments of Martin Shoub decd
was presented for Probate and Record Whereupon Sylvester
Latimer and John Moses The Subscribing Witnesses thereto came
and were duly Sworn and Examined and their testimony reduced
to writing to writing and annexed to the Will and filed therewith
and it appeared to the Court that the Said Will was duly
Executed and attested and that the Said Testator Nathan Shoub
was at the time of Executing the Same of full age and of sound
mind and memory and not under any restraint It is therefore
considered and ordered that the Said Will be admitted to Probate
and record as duly Proved as the Last Will and testaments of
the Said Martin Shoub and be recorded as Such no Letters issued
at this time nor bond Given B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of All amen
I Martin Shoub of Delaware Ohio do make and
publish this my Last Will and testaments
First I desire that all my Just debts funeral expenses and the
Costs of Administration on my Estate for the first year after
[corresponds to labeled page 132 of Will Records Vol. 5 1869-1876]
132
Record of the Last Will of Ira Blackman deceased
The State of Ohio Delaware County Ss
In the Probate Court in the matter of the Last will and testament
of Ira Blackman deceased Hereunto annexed bearing date Sixtee
-nth day of January Eighteen Hundred and thirty Eight and
witnessed by David Pence and W.C. Pence the Said David
Pence now deceased and the Said W.C. Pence whose Residence
is some where in the State of California whose Post office
address to us is unknown but we are acquainted with the Signa
-ture of the Said Ira Blackman and also of the Subscribing
Witnesses thereto and are Satisfied that they are Genuine
and are in the hand writing of the Said Ira Blackman and
David Pence and W C Pence as we hereby believe
his
Benjamin x Benedict
mark
Henry Hodgden
Henry Sherman
Horace Plumb
Sworn to and Subscribed before me this first day of April
AD 1871 B.C. Waters Probate Judge
_________________________________________
Record of the Last Will of Martin Shoub decd
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at his Office in the Court House in the Town of
Delaware on the 8th day of April AD 1871
And thereupon on Said 8th day of April 1871 the following
order was made in the Journal as follows to wit
Will and Estate of Martin Shoub deceased
This day the Last Will and testaments of Martin Shoub decd
was presented for Probate and Record Whereupon Sylvester
Latimer and John Moses The Subscribing Witnesses thereto came
and were duly Sworn and Examined and their testimony reduced
to writing to writing and annexed to the Will and filed therewith
and it appeared to the Court that the Said Will was duly
Executed and attested and that the Said Testator Nathan Shoub
was at the time of Executing the Same of full age and of sound
mind and memory and not under any restraint It is therefore
considered and ordered that the Said Will be admitted to Probate
and record as duly Proved as the Last Will and testaments of
the Said Martin Shoub and be recorded as Such no Letters issued
at this time nor bond Given B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of All amen
I Martin Shoub of Delaware Ohio do make and
publish this my Last Will and testaments
First I desire that all my Just debts funeral expenses and the
Costs of Administration on my Estate for the first year after
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 166)
Description
[page 166]
[corresponds to labeled page 133 of Will Records Vol. 5 1869-1876]
133
Record of the Last Will of Martin Shoub deceased
my decease be paid out of my personal Property
Second I make no devise to my beloved wife but leave her to take her rights
according to and under the Law in my estate - the Same as if I made no
Will
Third I devise and bequeath to my Son John Shoub and his heirs the Bond I hold
against the Incorporated Village of Delaware bearing date August 24th 1854,
payable to me with 10 percent interest March 1st 1855 and calling for eight
Hundred dollars I allow him that amount for his services rendered to me
Since he arrived of age - and to each of my daughters Elizabeth and Mary
Ann two beds and bedding each to be Selected by them out of the beds and
bedding left by me at my decease in the Hotel now occupied by me in
the Town of Delaware Ohio and to wit Said bequests are in no event to be
deducted from their Shares or interest in my Estate hereinafter described
Fourth The residue of my personal property (that is all my personal
property of every name and nature after deducting therefrom the payment
of my Just debts the portion allowed my wife in case no will was made by me
of Said property and her years Support after my decease the costs of Administration
on my estate for one year after my decease the property hereinbefore devised
to my Son John Shoub and daughters Elizabeth and Mary Ann) I desire
and bequeath as follows that is to Say to my Son John Shoub and his heirs
the one Sixth part thereof to my daughter Elizabeth Shoub and to her
heirs the one Sixth part thereof and to my son Henry A. Shoub and to
his heirs the one Sixth part thereof to my Son William M. Shoub
and his heirs the one Sixth part thereof -- for the use advantage and
benefit of my daughter Mary Ann under the restrictions and
conditions hereinafter mentioned the one Sixth part thereof and
out of the remaining one sixth part thereof I devise and bequeath to
the wife of my Son Samuel Shoub and each of her children by Said
Samuel Shoub who shall be alive at the time of my decease the
Sum of One hundred dollars each and the balance of Said one
Sixth part to my Son Samuel Shoub and his heirs
Fifth I will and devise that my real Estate shall remain undivided
during the natural life of my beloved wife during which
period the Same Shall be under the control of my executor or
his successor in trust -- My Said Executor of his Successor in
trust as the case may be Shall rent Said real Estate to the best
advantage and collect the rents and out of the same Shall pay
all taxes assessments Insurance and necessary repairs on Said
property and reasonable fees for his Services and of the balance
of Said rents left he Shall ^Pay over to my Wife one third part and the
residue Shall be equally divided between my Six Children or
in the case of the death of any of them to his or her heirs at Law
descending from this testator Said executor or his successor in
trust as aforesaid Shall Settle and pay over the rent as herein
directed as often as once a year during the natural life of
my Said wife aforesaid -- At the death of my Said wife all my
real Estate I Give and devise as follows to my Son John
Shoub and his heirs the one Sixth part thereof to my Son
[corresponds to labeled page 133 of Will Records Vol. 5 1869-1876]
133
Record of the Last Will of Martin Shoub deceased
my decease be paid out of my personal Property
Second I make no devise to my beloved wife but leave her to take her rights
according to and under the Law in my estate - the Same as if I made no
Will
Third I devise and bequeath to my Son John Shoub and his heirs the Bond I hold
against the Incorporated Village of Delaware bearing date August 24th 1854,
payable to me with 10 percent interest March 1st 1855 and calling for eight
Hundred dollars I allow him that amount for his services rendered to me
Since he arrived of age - and to each of my daughters Elizabeth and Mary
Ann two beds and bedding each to be Selected by them out of the beds and
bedding left by me at my decease in the Hotel now occupied by me in
the Town of Delaware Ohio and to wit Said bequests are in no event to be
deducted from their Shares or interest in my Estate hereinafter described
Fourth The residue of my personal property (that is all my personal
property of every name and nature after deducting therefrom the payment
of my Just debts the portion allowed my wife in case no will was made by me
of Said property and her years Support after my decease the costs of Administration
on my estate for one year after my decease the property hereinbefore devised
to my Son John Shoub and daughters Elizabeth and Mary Ann) I desire
and bequeath as follows that is to Say to my Son John Shoub and his heirs
the one Sixth part thereof to my daughter Elizabeth Shoub and to her
heirs the one Sixth part thereof and to my son Henry A. Shoub and to
his heirs the one Sixth part thereof to my Son William M. Shoub
and his heirs the one Sixth part thereof -- for the use advantage and
benefit of my daughter Mary Ann under the restrictions and
conditions hereinafter mentioned the one Sixth part thereof and
out of the remaining one sixth part thereof I devise and bequeath to
the wife of my Son Samuel Shoub and each of her children by Said
Samuel Shoub who shall be alive at the time of my decease the
Sum of One hundred dollars each and the balance of Said one
Sixth part to my Son Samuel Shoub and his heirs
Fifth I will and devise that my real Estate shall remain undivided
during the natural life of my beloved wife during which
period the Same Shall be under the control of my executor or
his successor in trust -- My Said Executor of his Successor in
trust as the case may be Shall rent Said real Estate to the best
advantage and collect the rents and out of the same Shall pay
all taxes assessments Insurance and necessary repairs on Said
property and reasonable fees for his Services and of the balance
of Said rents left he Shall ^Pay over to my Wife one third part and the
residue Shall be equally divided between my Six Children or
in the case of the death of any of them to his or her heirs at Law
descending from this testator Said executor or his successor in
trust as aforesaid Shall Settle and pay over the rent as herein
directed as often as once a year during the natural life of
my Said wife aforesaid -- At the death of my Said wife all my
real Estate I Give and devise as follows to my Son John
Shoub and his heirs the one Sixth part thereof to my Son
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 167)
Description
[page 167]
[corresponds to labeled page 134 of Will Records Vol. 5 1869-1876]
134
Record of the Will of Martin Shoub deceased
Samuel Shoub and his the one Sixth part thereof to my
Son Henry A. Shoub and his heirs the one Sixth part thereof to
my Son William M Shoub and his heirs the one Sixth part
thereof to my Daughter Elizabeth Shoub and her heirs the one
Sixth part thereof and the other Sixth part thereof to my daughter
Mary Ann Heller and her heirs under the Limitations and restrictions
hereinafter Specified
Sixth I will devise and direct that my Executor or his Successor
in trust shall hold in trust that portion of my personal property
hereinbefore bequeathed for the use benefit and advantage of
my daughter Mary Ann and that he Shall place the Semetha
Same at interest on Good and Sufficient Security or otherwise
invest in a safe and prudent way the Same and yearly pay over
to her the interest on the same during the time She remains
married - but of Said Mary Ann should become a widow or
otherwise an unmarried woman then the principal as well
as the interest is to be paid over to her unconditionally as her own
property and Should She die without children before the Same
is paid over to her then the Same Shall be divided equally
among her brothers and Sisters and is hereby bequeathed to
them but Should She leave any children then the Same is
to be paid over to them accordingly and in like manner I devise
and bequeath to my Executor and to his successor in trust for my daughter
Mary Ann the real estate hereinbefore devised to her and her heirs
Said Executor and his successor holding the Same in trust for my Said
daughter Mary Ann and her heirs and Should it become necessary
to Sell her portion of Said real Estate in the partition thereof at the
death of my wife then the proceeds of Said Share Shall be considered
as included in the devise will and directions hereinto fore Stated
in reference to the personal property bequeathed to the use advantage
and benefit of Said Mary Ann but in case the Same is not sold then
the Said Share of Land Shall be held in trust by my Said Executor and
his Successor for Said Mary Ann Said Executor Shall rent the Same
and pay over to her yearly the rent after deducting the taxes and other
necessary expenses and in case She becomes a widow or a married
woman then said trustee Shall convey Said Land to her and to her
heirs and assigns and She Shall hold the Same accordingly
Should She die leaving children then Said Child or children are
hereby bequeathed Said Share unless Said Mary Ann shall have already
have become in possession of the Same by reason of widowhood
or being married in case Said Mary Anne dies without children and
She Shall not have become in possession of Said real Estate in
consequence of being a widow or otherwise devided then her Said
Shall aforesaid Shall devide equally among her brothers and Sisters
Seventh Thereby nominate and appoint my Son John Shoub Executor of this
my Last Will and testament and hereby give him full Power to call
out in all particulars the foregoing will and name the lord Executor
heretofore I have had reference to the Said John Shoub as my Executor
[corresponds to labeled page 134 of Will Records Vol. 5 1869-1876]
134
Record of the Will of Martin Shoub deceased
Samuel Shoub and his the one Sixth part thereof to my
Son Henry A. Shoub and his heirs the one Sixth part thereof to
my Son William M Shoub and his heirs the one Sixth part
thereof to my Daughter Elizabeth Shoub and her heirs the one
Sixth part thereof and the other Sixth part thereof to my daughter
Mary Ann Heller and her heirs under the Limitations and restrictions
hereinafter Specified
Sixth I will devise and direct that my Executor or his Successor
in trust shall hold in trust that portion of my personal property
hereinbefore bequeathed for the use benefit and advantage of
my daughter Mary Ann and that he Shall place the Semetha
Same at interest on Good and Sufficient Security or otherwise
invest in a safe and prudent way the Same and yearly pay over
to her the interest on the same during the time She remains
married - but of Said Mary Ann should become a widow or
otherwise an unmarried woman then the principal as well
as the interest is to be paid over to her unconditionally as her own
property and Should She die without children before the Same
is paid over to her then the Same Shall be divided equally
among her brothers and Sisters and is hereby bequeathed to
them but Should She leave any children then the Same is
to be paid over to them accordingly and in like manner I devise
and bequeath to my Executor and to his successor in trust for my daughter
Mary Ann the real estate hereinbefore devised to her and her heirs
Said Executor and his successor holding the Same in trust for my Said
daughter Mary Ann and her heirs and Should it become necessary
to Sell her portion of Said real Estate in the partition thereof at the
death of my wife then the proceeds of Said Share Shall be considered
as included in the devise will and directions hereinto fore Stated
in reference to the personal property bequeathed to the use advantage
and benefit of Said Mary Ann but in case the Same is not sold then
the Said Share of Land Shall be held in trust by my Said Executor and
his Successor for Said Mary Ann Said Executor Shall rent the Same
and pay over to her yearly the rent after deducting the taxes and other
necessary expenses and in case She becomes a widow or a married
woman then said trustee Shall convey Said Land to her and to her
heirs and assigns and She Shall hold the Same accordingly
Should She die leaving children then Said Child or children are
hereby bequeathed Said Share unless Said Mary Ann shall have already
have become in possession of the Same by reason of widowhood
or being married in case Said Mary Anne dies without children and
She Shall not have become in possession of Said real Estate in
consequence of being a widow or otherwise devided then her Said
Shall aforesaid Shall devide equally among her brothers and Sisters
Seventh Thereby nominate and appoint my Son John Shoub Executor of this
my Last Will and testament and hereby give him full Power to call
out in all particulars the foregoing will and name the lord Executor
heretofore I have had reference to the Said John Shoub as my Executor
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 168)
Description
[page 168]
[corresponds to labeled page 135 of Will Records Vol. 5 1869-1876]
135
Record of the Will of Martin Shoub decd
and in using the words Successor I have had reference to Such persons
as the Court of Probate would appoint and equally on my Estate in case Said
John Shoub Should decline resign be removed or become in competent in
his place or the place of such Successor or Successors
Eighth Should my estate be Settled before my Daughter Mary Ann becomes
a widow or otherwise unmarried then in that event I authorize the Probate Court
Court of Common Pleas of Delaware County as the Law may direct or
authorize to appoint trustees to appoint a Suitable trustee for my daughter
Mary Ann who shall receive from my Said Executor or his Successor the Said
Mary Anns Share of Said property to manage and control as hereinbefore Stated
and Subject to the Same restrictions conditions and limitations as hereinbefore
Stated
In witness whereof I have hereunto Set my hand and Seal
this 14th day of February A.D. 1859. Martin Shoub {seal}
Signed Sealed and acknowledged by Said Martin }
Shoub as his Last Will and testament in our presence }
and Signed by us in his presence this 14th day }
of February A.D. 1859. }
John Moses }
Sylvester Latimer }
The State of Ohio }
Delaware County Ss } In the matter of the Last Will and testament of
Martin Shoub deceased We John Moses and Sylvester Latimer
being duly Sworn in open Court this 8th day of April AD 1871
depose and Say that we were present at the Execution of the Last
Will and testament of Martin Shoub of Delaware deceased
hereunto annexed bearing date 14th day of February 1859 that we
Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same
has of full age and of Sound mind and memory and not under
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 Moses
Sylvester Latimer
Sworn to and Subscribed before ^me in the Probate Court this
8th day of April A.D. 1871 B.C. Waters Probate
Judge
[corresponds to labeled page 135 of Will Records Vol. 5 1869-1876]
135
Record of the Will of Martin Shoub decd
and in using the words Successor I have had reference to Such persons
as the Court of Probate would appoint and equally on my Estate in case Said
John Shoub Should decline resign be removed or become in competent in
his place or the place of such Successor or Successors
Eighth Should my estate be Settled before my Daughter Mary Ann becomes
a widow or otherwise unmarried then in that event I authorize the Probate Court
Court of Common Pleas of Delaware County as the Law may direct or
authorize to appoint trustees to appoint a Suitable trustee for my daughter
Mary Ann who shall receive from my Said Executor or his Successor the Said
Mary Anns Share of Said property to manage and control as hereinbefore Stated
and Subject to the Same restrictions conditions and limitations as hereinbefore
Stated
In witness whereof I have hereunto Set my hand and Seal
this 14th day of February A.D. 1859. Martin Shoub {seal}
Signed Sealed and acknowledged by Said Martin }
Shoub as his Last Will and testament in our presence }
and Signed by us in his presence this 14th day }
of February A.D. 1859. }
John Moses }
Sylvester Latimer }
The State of Ohio }
Delaware County Ss } In the matter of the Last Will and testament of
Martin Shoub deceased We John Moses and Sylvester Latimer
being duly Sworn in open Court this 8th day of April AD 1871
depose and Say that we were present at the Execution of the Last
Will and testament of Martin Shoub of Delaware deceased
hereunto annexed bearing date 14th day of February 1859 that we
Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same
has of full age and of Sound mind and memory and not under
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 Moses
Sylvester Latimer
Sworn to and Subscribed before ^me in the Probate Court this
8th day of April A.D. 1871 B.C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 169)
Description
[page 169]
[corresponds to labeled page 136 of Will Records Vol. 5 1869-1876]
136
Record of the Will of John Houg deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
3d day of May AD 1871
Will and Estate of John Houg deceased
This day the Last Will and testament of John Houg deceased
was presented for Probate and Record Whereupon Tobia Frederick
Reicherts Henry J. Eaton and Tobias Reicherts the Subscribing
witnesses to the Will and Also Henry J Eatun and William
P. Reid the Subscribing Witnesses to the Codicil to Said will
and there testimony reduced to writing and annexed to the
Will and pled therewith it appearing to the Court that the
Said Will and the Codicil thereto was duly Executed and
attested and that the Said testator John Houg was at the time
of Executing the Same of full age and of Sound Mind and
Memory and not under any restraint It is therefore
considered and ordered that the Said Will be admitted to
Probate and Record as duly Proved as the last will and testament
of the Said John Houg decd and be recorded as Such and
at the Same time Came Charles Wottring Executor named
in the Will and Gave Bond in the Sum of nine Thousand
dollars, with Frederick G. Albright and CF Renner as
his Surties and the Court Appoint C.F. Renner James
Armstrong and Joseph Souble Appraisers Bond accepted
Letters Issued B.C. Waters Probate Judge
Copy of the Will
On this 6th day of June in the year of our Lord Eighteen
and Sixty two I John Houg of the Township of Delaware
in the County of Delaware State of Ohio do make and declare
that this which is herein written is my last will and testament
Item 1st I do Give and bequeath to my beloved wife Christina Hough
absolutely in fee Simple the one undivided half of part of
the homestead farm on which we live at this time Situated in
Delaware township Delaware County State of Ohio containing
about Eighty three and a half acres of which about 3 1/2 acres is
occupied by the Cleveland Columbus and Cincinnati Railroad
Company leaving a residue of about 80 acres which farm is made
up of several smaller connected tracts purchased by me of
different persons and conveyed by deeds of different dates but all
form one connected farm part of which is in Section number one
of Township number four and part in Section four Township
five all in Range nineteen United States Military Survey in
in Delaware Township reference may be had to the record of the
deeds to me of Said land in the Recorders office of Said County
I further devise and bequeath to my Said wife Christian Hough
the use during her natural life of the other undivided half
part of said homestead farm to have the Sole use and benefit
[corresponds to labeled page 136 of Will Records Vol. 5 1869-1876]
136
Record of the Will of John Houg deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
3d day of May AD 1871
Will and Estate of John Houg deceased
This day the Last Will and testament of John Houg deceased
was presented for Probate and Record Whereupon Tobia Frederick
Reicherts Henry J. Eaton and Tobias Reicherts the Subscribing
witnesses to the Will and Also Henry J Eatun and William
P. Reid the Subscribing Witnesses to the Codicil to Said will
and there testimony reduced to writing and annexed to the
Will and pled therewith it appearing to the Court that the
Said Will and the Codicil thereto was duly Executed and
attested and that the Said testator John Houg was at the time
of Executing the Same of full age and of Sound Mind and
Memory and not under any restraint It is therefore
considered and ordered that the Said Will be admitted to
Probate and Record as duly Proved as the last will and testament
of the Said John Houg decd and be recorded as Such and
at the Same time Came Charles Wottring Executor named
in the Will and Gave Bond in the Sum of nine Thousand
dollars, with Frederick G. Albright and CF Renner as
his Surties and the Court Appoint C.F. Renner James
Armstrong and Joseph Souble Appraisers Bond accepted
Letters Issued B.C. Waters Probate Judge
Copy of the Will
On this 6th day of June in the year of our Lord Eighteen
and Sixty two I John Houg of the Township of Delaware
in the County of Delaware State of Ohio do make and declare
that this which is herein written is my last will and testament
Item 1st I do Give and bequeath to my beloved wife Christina Hough
absolutely in fee Simple the one undivided half of part of
the homestead farm on which we live at this time Situated in
Delaware township Delaware County State of Ohio containing
about Eighty three and a half acres of which about 3 1/2 acres is
occupied by the Cleveland Columbus and Cincinnati Railroad
Company leaving a residue of about 80 acres which farm is made
up of several smaller connected tracts purchased by me of
different persons and conveyed by deeds of different dates but all
form one connected farm part of which is in Section number one
of Township number four and part in Section four Township
five all in Range nineteen United States Military Survey in
in Delaware Township reference may be had to the record of the
deeds to me of Said land in the Recorders office of Said County
I further devise and bequeath to my Said wife Christian Hough
the use during her natural life of the other undivided half
part of said homestead farm to have the Sole use and benefit
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 170)
Description
[page 170]
[corresponds to labeled page 137 of Will Records Vol. 5 1869-1876]
137
Record of the Will of John Houg decd
of the Same So long as She Shall live Said last mentioned undivided
half of homestead farm at the death of Said Christian Hough is to be disposed
of by my Executor as herein after Set forth I further Give devise and bequeath
to my Said wife all the household furniture and provisions which may be on hand
for use of family at my death also one Share of the capital Stock of the Cleveland
Columbus and Cincinnati RailRoad company also one half of the net Proceeds)
after deducting the expenses of collecting including the expenses of administration
thereof) of all Sums that may be owing to me at my death whether the Said
indebtedness is in the form of notes or accounts or in any other form
also the Sum of thirty Six (36) dollars per annum of the annual in come from the
house and Lot in the Town of Delaware hereinafter more full described
out of which Sum She is to pay one half of the taxes on Said Property as
hereinafter Sealed
Item 2d I do Give devise and bequeath to Louis Hough Caroline Houg and Frederica
Houg daughters of my deceased brother Frederick Houg my house and Lot
in the town of Delaware (located part) in the County of Delaware Ohio being the
S.W part of outlot No fifteen (15) having a front on Sandusky Street of four rods
and runing back ten rods Same property deeded to me by John J. Reicherts &
wife 26th of October AD 1854 I bequeath the Same to them Jointly in fee Simple
I leave them however each year out of the income from Said property
to pay my Said wife the Sum of thirty Six dollars (36) So long as She Shall live
and I hereby make the Same a charge and lien upon the Said property
my Said wife is to pay one half of the annual taxes on said property
Item 3d Give and devise to Frederick Doeble resident of the State of
Wittenberg Germany Said Doeble being the Son of my deceased Sister
Laura Doeble the Sum of four hundred dollars $400.) to be paid
by my Executor after the death of the said Christina Houg my wife
Item 4th I bequeath and devise to A Margaret of the Town of Delaware Ohio the
Sum of one hundred dollars ($100) to be paid by my Executor after the
death of my Said wife
Item 5th Give and bequeath to Mary Grimmdinger now living with us the Sum
of one hundred and fifty ($150) to be paid by my Executor after the
death of my Said Wife
Item 6th I devise and bequeath to the Missionary Society of the Methodist Episcopal
Church the Sum of two hundred dollars ($200) to be paid after the
death of my Said Wife
Item 7th I devise and bequeath to the German Methodist Episcopal Church
of the town of Delaware Ohio to be paid over by the Said Church to the
Society for the aid and Support of the poor the Sum of one hundre
-d dollars to be paid by my Executor after the death of my Said
wife
I do hereby nominate constitute and appoint Charles
Wottring of the town of Delaware Ohio Executor of this my
Last Will and testament It is my Will and desire that my
Said Executor at my death proceed to Sell at public Sale according
to Law all my farming impliments live Stock and other personal
property if any not herein otherwise disposed of including my
other Share of the Capital Stock of Said Rail Road and also proceeds
[corresponds to labeled page 137 of Will Records Vol. 5 1869-1876]
137
Record of the Will of John Houg decd
of the Same So long as She Shall live Said last mentioned undivided
half of homestead farm at the death of Said Christian Hough is to be disposed
of by my Executor as herein after Set forth I further Give devise and bequeath
to my Said wife all the household furniture and provisions which may be on hand
for use of family at my death also one Share of the capital Stock of the Cleveland
Columbus and Cincinnati RailRoad company also one half of the net Proceeds)
after deducting the expenses of collecting including the expenses of administration
thereof) of all Sums that may be owing to me at my death whether the Said
indebtedness is in the form of notes or accounts or in any other form
also the Sum of thirty Six (36) dollars per annum of the annual in come from the
house and Lot in the Town of Delaware hereinafter more full described
out of which Sum She is to pay one half of the taxes on Said Property as
hereinafter Sealed
Item 2d I do Give devise and bequeath to Louis Hough Caroline Houg and Frederica
Houg daughters of my deceased brother Frederick Houg my house and Lot
in the town of Delaware (located part) in the County of Delaware Ohio being the
S.W part of outlot No fifteen (15) having a front on Sandusky Street of four rods
and runing back ten rods Same property deeded to me by John J. Reicherts &
wife 26th of October AD 1854 I bequeath the Same to them Jointly in fee Simple
I leave them however each year out of the income from Said property
to pay my Said wife the Sum of thirty Six dollars (36) So long as She Shall live
and I hereby make the Same a charge and lien upon the Said property
my Said wife is to pay one half of the annual taxes on said property
Item 3d Give and devise to Frederick Doeble resident of the State of
Wittenberg Germany Said Doeble being the Son of my deceased Sister
Laura Doeble the Sum of four hundred dollars $400.) to be paid
by my Executor after the death of the said Christina Houg my wife
Item 4th I bequeath and devise to A Margaret of the Town of Delaware Ohio the
Sum of one hundred dollars ($100) to be paid by my Executor after the
death of my Said wife
Item 5th Give and bequeath to Mary Grimmdinger now living with us the Sum
of one hundred and fifty ($150) to be paid by my Executor after the
death of my Said Wife
Item 6th I devise and bequeath to the Missionary Society of the Methodist Episcopal
Church the Sum of two hundred dollars ($200) to be paid after the
death of my Said Wife
Item 7th I devise and bequeath to the German Methodist Episcopal Church
of the town of Delaware Ohio to be paid over by the Said Church to the
Society for the aid and Support of the poor the Sum of one hundre
-d dollars to be paid by my Executor after the death of my Said
wife
I do hereby nominate constitute and appoint Charles
Wottring of the town of Delaware Ohio Executor of this my
Last Will and testament It is my Will and desire that my
Said Executor at my death proceed to Sell at public Sale according
to Law all my farming impliments live Stock and other personal
property if any not herein otherwise disposed of including my
other Share of the Capital Stock of Said Rail Road and also proceeds
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 171)
Description
[page 171]
[corresponds to labeled page 138 of Will Records Vol. 5 1869-1876]
138
Record of the Will of John Houg deceased
to collect debts owing to me and the proceeds of Said Sale and collections
to loan upon Good Security after first deducting expenses of collections
administration thereon and Expenses of funeral and last sickness and
that portion of debts herein before devised to my wife and to keep
the same so loaned out until the death of my wife then to collect
and apply in the payment of the aforesaid Legacies
It is my will and desire that at the death of my Said wife
my ^said Executor Shall then proceed to Sell that undivided half part of
the home stead farm hereinbefore described and which I have
desired to my said wife only - during her natural life either at
private or public Sale and upon Such terms of payment
as he may deem best and he is hereby fully authorized and
empowered to execute and deliver deed or deeds in fee Simple to the
purchase or purchases thereof and the Proceeds arrive from
Said Sale after paying all necessary expenses he is to apply
in payment of the aforesaid Legacies So much as Shall be
necessary to Satisfy the Same Whatsoever if anything is left of my
estate not hereinbefore devised after paying all Said Legacies and
expenses it is my will that the same be equally divided among
the said Laura Caroline and Frederica Hough and Frederick
Deoble
The property devised herein to my wife is in lieu of
that portion of my property which would fall to her at my death
if I ^had made no will I have no debts to be paid out of my Estate
but if it should happen that the note of Some five Hundred dollars
upon which I am Surety to John J Reicherts to Eckeart Nure
Should not be paid by Said Reicherts and my estate Should
be liable therefore then my Said Wife is to pay the Same prin
-cipal and interest and the Same is not in any way to be paid
out of or be a charge on any property of my Estate Excepting that
herein before devised to my Said wife
I hereby revoke and annual all former wills by
me made In testimony Whereof I have hereunto Set my
hand and Seal this 5th day of June Ad 1862
John Houk {seal}
Signed and acknowledge by the Said
John Houf to be his last Will and testaments
in our presence and Signed by us in his
presence at his ^express request and in the presence of
each other
Tobias Frederick Reichert
Henry J Eaton
Tobias Reichert
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of John Houk deceased We Tobian Frederick Reichert Henry
J Eaton and Tobias Reichert being duly sworn in open
Court this 3d day of May A.D. 1871 depose and Say that we
[corresponds to labeled page 138 of Will Records Vol. 5 1869-1876]
138
Record of the Will of John Houg deceased
to collect debts owing to me and the proceeds of Said Sale and collections
to loan upon Good Security after first deducting expenses of collections
administration thereon and Expenses of funeral and last sickness and
that portion of debts herein before devised to my wife and to keep
the same so loaned out until the death of my wife then to collect
and apply in the payment of the aforesaid Legacies
It is my will and desire that at the death of my Said wife
my ^said Executor Shall then proceed to Sell that undivided half part of
the home stead farm hereinbefore described and which I have
desired to my said wife only - during her natural life either at
private or public Sale and upon Such terms of payment
as he may deem best and he is hereby fully authorized and
empowered to execute and deliver deed or deeds in fee Simple to the
purchase or purchases thereof and the Proceeds arrive from
Said Sale after paying all necessary expenses he is to apply
in payment of the aforesaid Legacies So much as Shall be
necessary to Satisfy the Same Whatsoever if anything is left of my
estate not hereinbefore devised after paying all Said Legacies and
expenses it is my will that the same be equally divided among
the said Laura Caroline and Frederica Hough and Frederick
Deoble
The property devised herein to my wife is in lieu of
that portion of my property which would fall to her at my death
if I ^had made no will I have no debts to be paid out of my Estate
but if it should happen that the note of Some five Hundred dollars
upon which I am Surety to John J Reicherts to Eckeart Nure
Should not be paid by Said Reicherts and my estate Should
be liable therefore then my Said Wife is to pay the Same prin
-cipal and interest and the Same is not in any way to be paid
out of or be a charge on any property of my Estate Excepting that
herein before devised to my Said wife
I hereby revoke and annual all former wills by
me made In testimony Whereof I have hereunto Set my
hand and Seal this 5th day of June Ad 1862
John Houk {seal}
Signed and acknowledge by the Said
John Houf to be his last Will and testaments
in our presence and Signed by us in his
presence at his ^express request and in the presence of
each other
Tobias Frederick Reichert
Henry J Eaton
Tobias Reichert
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of John Houk deceased We Tobian Frederick Reichert Henry
J Eaton and Tobias Reichert being duly sworn in open
Court this 3d day of May A.D. 1871 depose and Say that we
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 172)
Description
[page 172]
[corresponds to labeled page 139 of Will Records Vol. 5 1869-1876]
139
Record of the Will of John Houg deceased
that we were present at the Execution of the ^Last will and testament of
John Houg of Delaware Township in Said County hereunto annexed bearing
date 5th day of June AD 1862 that we Saw the said testator Subscribe
Said Will and heard him publish and declare the Same to be his Last
Will and testament and that the Said testator at the time of Executing
the Same was of full age and of Sound mind and memory and not
under any restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
Tobias F. Reicherts
Henry J Eaton
Sworn to and Subscribed before me } Tobias Reicherts
in the Probate Court this 3d day of May AD 1871
B.C. Waters Probate Judge
Record of Codicil to John Hougs Will
(Codicil to the foregoing Will)
Whereas I John Houk on the 6th day of June AD 1862 made my Last
Will and testament of that date (hereto attached) and have Since that
time Sold and conveyed away the House and Lot in the town of Delaware
Ohio in Item 2 of Said Will devised to Louisa Houg Caroline Houg
and Frederica Houg more particularly described therein I the Said
John Houg on this eleventh day of May AD 1866 do hereby declare
the following to be a Codicil to the Said Will Whereof the Said
property So devised as aforesaid I do hereby give devise and bequest
to the Said Louis Caroline and Frederica Houg the Sum of Sixteen
hundred dollars ($1600) one thousand dollars thereof to be paid
to them by my Executor at my decease and the remaining by hun
-dred dollars ($600) to be paid to them by my Executor at the decease
of my wife the Said Christina Houg which Said Sum of Six hun
-dred dollars I devise at my decease to be Safely presented by my
Executor and the annual interest accruing thereon I desire him to
pay each year to my Said wife So long as She Shall Live in here
of the thirty Six dollars mentioned in the close of item one
in Said Will which was to have been hers out of the rents of Said
House and Lot now Sold In testimony Whereof I John Houg have
hereunto let my hand and Seal Said 11th day of May AD 1866
John Houg {seal}
Signed by Said John Houg in our presence and acknowledged
by him to us to be a codicil to his last will and testament and signed
by us as witnesses at his request and in his presence and in the
presence of each other Henry J. Eaton
The State of Ohio } W.P. Reed
Delaware County ss } In the matter of the Last Will and testament
of John Houg Late of the Township of Delaware deceas
We W.P. Reed and Henry J Easton being duly Sworn in
open Court this 3d day of May AD 1871 depose and Say
that we were present at the Execution of the codicil to the
[corresponds to labeled page 139 of Will Records Vol. 5 1869-1876]
139
Record of the Will of John Houg deceased
that we were present at the Execution of the ^Last will and testament of
John Houg of Delaware Township in Said County hereunto annexed bearing
date 5th day of June AD 1862 that we Saw the said testator Subscribe
Said Will and heard him publish and declare the Same to be his Last
Will and testament and that the Said testator at the time of Executing
the Same was of full age and of Sound mind and memory and not
under any restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
Tobias F. Reicherts
Henry J Eaton
Sworn to and Subscribed before me } Tobias Reicherts
in the Probate Court this 3d day of May AD 1871
B.C. Waters Probate Judge
Record of Codicil to John Hougs Will
(Codicil to the foregoing Will)
Whereas I John Houk on the 6th day of June AD 1862 made my Last
Will and testament of that date (hereto attached) and have Since that
time Sold and conveyed away the House and Lot in the town of Delaware
Ohio in Item 2 of Said Will devised to Louisa Houg Caroline Houg
and Frederica Houg more particularly described therein I the Said
John Houg on this eleventh day of May AD 1866 do hereby declare
the following to be a Codicil to the Said Will Whereof the Said
property So devised as aforesaid I do hereby give devise and bequest
to the Said Louis Caroline and Frederica Houg the Sum of Sixteen
hundred dollars ($1600) one thousand dollars thereof to be paid
to them by my Executor at my decease and the remaining by hun
-dred dollars ($600) to be paid to them by my Executor at the decease
of my wife the Said Christina Houg which Said Sum of Six hun
-dred dollars I devise at my decease to be Safely presented by my
Executor and the annual interest accruing thereon I desire him to
pay each year to my Said wife So long as She Shall Live in here
of the thirty Six dollars mentioned in the close of item one
in Said Will which was to have been hers out of the rents of Said
House and Lot now Sold In testimony Whereof I John Houg have
hereunto let my hand and Seal Said 11th day of May AD 1866
John Houg {seal}
Signed by Said John Houg in our presence and acknowledged
by him to us to be a codicil to his last will and testament and signed
by us as witnesses at his request and in his presence and in the
presence of each other Henry J. Eaton
The State of Ohio } W.P. Reed
Delaware County ss } In the matter of the Last Will and testament
of John Houg Late of the Township of Delaware deceas
We W.P. Reed and Henry J Easton being duly Sworn in
open Court this 3d day of May AD 1871 depose and Say
that we were present at the Execution of the codicil to the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 173)
Description
[page 173]
[corresponds to labeled page 140 of Will Records Vol. 5 1869-1876]
140
Record of the Will of John Houg decd
Last Will and testament of John Houg of Delaware Township in
Said County hereunto annexed bearing date 11th day of May 1866 that
we saw the Said testator Subscribe Said Will and heard him
publish and declare the Same 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
Henry J. Eaton
Sworn to and Subscribed before me in the Probate Court this
3d day of May AD 1871 B.C. Waters Probate Judge
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of John Houg Late of the Township of Delaware and County of
Delaware deceased I William P Reed being duly Sworn
in open Court this 9th day of May AD 1871 depose and Say
I was present at the ^Execution of Codicil of John Houg hereunto annexed
bearing date 11th day of May 1866 that I Saw the Said testator
Subscribe Said Codicil and heard him publish and declare
the Same to be his last will and testaments and that the Said
testator at the time of Executing the Same was of full age and
So far as I knew or believe at the time was of Sound mind and
Memory and not under any restraint and that I Signed the Same
as Witness at his regret and in his presence and in the
Presence of Said Houg I believe W.P. Reed
Sworn to and Subscribed before me in the Probate Court
this 9th day of May AD 1871 BC Waters Probate Judge
________________________________________________________________
Record of the Will of Lucind Houts deccad
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and late of
Ohio at his office in the Court House in the Town of
Delaware on the 10th day of May AD 1871
Will and Estate of Lucinda Houts decd
On this day the verbal Will of Lucinda Houts (now reduced to writing)
was presented to the Court for Probate and Record and thereupon
Came John Bean and Dr David C. Fay the witnesses to the
verbal Will of Said Lucinda Houts came into Court and were
duly Sworn and Examined and their testimony reduced to
writing and annexed to the will as the Same has been reduced
to writing and filed therewith and it appearing to the Court
that on the 16th day of April at her Fathers House She called
on them to witness and take notice what her verbal will was
and then spoke the words of Said Will as the Same is now reduced
to writing and at the time of So Speaking the testamentary words
the Said Lucinda Houts was of full age and of Sound mind and
[corresponds to labeled page 140 of Will Records Vol. 5 1869-1876]
140
Record of the Will of John Houg decd
Last Will and testament of John Houg of Delaware Township in
Said County hereunto annexed bearing date 11th day of May 1866 that
we saw the Said testator Subscribe Said Will and heard him
publish and declare the Same 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
Henry J. Eaton
Sworn to and Subscribed before me in the Probate Court this
3d day of May AD 1871 B.C. Waters Probate Judge
The State of Ohio }
Delaware County ss } In the matter of the last will and testament
of John Houg Late of the Township of Delaware and County of
Delaware deceased I William P Reed being duly Sworn
in open Court this 9th day of May AD 1871 depose and Say
I was present at the ^Execution of Codicil of John Houg hereunto annexed
bearing date 11th day of May 1866 that I Saw the Said testator
Subscribe Said Codicil and heard him publish and declare
the Same to be his last will and testaments and that the Said
testator at the time of Executing the Same was of full age and
So far as I knew or believe at the time was of Sound mind and
Memory and not under any restraint and that I Signed the Same
as Witness at his regret and in his presence and in the
Presence of Said Houg I believe W.P. Reed
Sworn to and Subscribed before me in the Probate Court
this 9th day of May AD 1871 BC Waters Probate Judge
________________________________________________________________
Record of the Will of Lucind Houts deccad
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and late of
Ohio at his office in the Court House in the Town of
Delaware on the 10th day of May AD 1871
Will and Estate of Lucinda Houts decd
On this day the verbal Will of Lucinda Houts (now reduced to writing)
was presented to the Court for Probate and Record and thereupon
Came John Bean and Dr David C. Fay the witnesses to the
verbal Will of Said Lucinda Houts came into Court and were
duly Sworn and Examined and their testimony reduced to
writing and annexed to the will as the Same has been reduced
to writing and filed therewith and it appearing to the Court
that on the 16th day of April at her Fathers House She called
on them to witness and take notice what her verbal will was
and then spoke the words of Said Will as the Same is now reduced
to writing and at the time of So Speaking the testamentary words
the Said Lucinda Houts was of full age and of Sound mind and
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 174)
Description
[page 174]
[corresponds to labeled page 141 of Will Records Vol. 5 1869-1876]
141
Record of the Will of Louisa Houts decd
memory and not under any restraint and on the Same day after Speaking
Said words She died and on the 24th day of April Said testamentary words were
reduced to writing and by them Subscribed It is therefore considered by
the Court that will be and is admitted to Probate and Record as duly
Proved as the Last Will of Lucinda Houts and that it be recorded as
Such no Letters Issued at Present B.C. Waters Probate Judge
Copy of the Will
To all whom it may concern Lucinda Houts of Scioto Township
Delaware County Ohio did on her last sickness make known that
it was her will that the following distribution of her personal
Estate be made
That all her personal property that She had taken to her house
when She was married and went to keeping house Should be given up
to her Father D H Smart to be held by him for the benefit of her
Child Except if necessary for his benefit her husband Should keep her
horse until fall then to be Given up to her father for him to hold as
afore Stated for the benefit of the child She said Lucinda Houts was
was in her right mind and under no restraint when She uttered here
testamentary words April 24th 1871 David C. Fay
John Bean
The State of Ohio }
Delaware County ss } In the Probate Court In the matter of the
Will of Lucinda Houts deceased David C Fay and John Bean
being duly Sworn in open Court on this 19th day of May AD 1871
depose and Say that on the 16th day of April at the House of her Father
DH Smart She called on them to witness and take notice what
her verbal will was and then Stated her will to be just as the
Same is now reduced to writing as above Stated the Said Lucinda
Houts was then in her Last Sickness and died on Same day the
Said Lucinda Houts was then about 24 years of age in her
full mind and memory and not under any restraint the
Said will was reduced to writing on the 24th day of April
AD 1871 D C Fay
John Bean
Sworn to and Subscribed before me this 10th day of May
AD 1871 B.C. Waters Probate Judge
[corresponds to labeled page 141 of Will Records Vol. 5 1869-1876]
141
Record of the Will of Louisa Houts decd
memory and not under any restraint and on the Same day after Speaking
Said words She died and on the 24th day of April Said testamentary words were
reduced to writing and by them Subscribed It is therefore considered by
the Court that will be and is admitted to Probate and Record as duly
Proved as the Last Will of Lucinda Houts and that it be recorded as
Such no Letters Issued at Present B.C. Waters Probate Judge
Copy of the Will
To all whom it may concern Lucinda Houts of Scioto Township
Delaware County Ohio did on her last sickness make known that
it was her will that the following distribution of her personal
Estate be made
That all her personal property that She had taken to her house
when She was married and went to keeping house Should be given up
to her Father D H Smart to be held by him for the benefit of her
Child Except if necessary for his benefit her husband Should keep her
horse until fall then to be Given up to her father for him to hold as
afore Stated for the benefit of the child She said Lucinda Houts was
was in her right mind and under no restraint when She uttered here
testamentary words April 24th 1871 David C. Fay
John Bean
The State of Ohio }
Delaware County ss } In the Probate Court In the matter of the
Will of Lucinda Houts deceased David C Fay and John Bean
being duly Sworn in open Court on this 19th day of May AD 1871
depose and Say that on the 16th day of April at the House of her Father
DH Smart She called on them to witness and take notice what
her verbal will was and then Stated her will to be just as the
Same is now reduced to writing as above Stated the Said Lucinda
Houts was then in her Last Sickness and died on Same day the
Said Lucinda Houts was then about 24 years of age in her
full mind and memory and not under any restraint the
Said will was reduced to writing on the 24th day of April
AD 1871 D C Fay
John Bean
Sworn to and Subscribed before me this 10th day of May
AD 1871 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 175)
Description
[page 175]
[corresponds to labeled page 142 of Will Records Vol. 5 1869-1876]
Record of the Last Will of Eleazar Main deceased
Proceedings had before the Hon. B. C. Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the town
of Delaware on the 18th day of May A D 1871
Will and Estate of Eleazar Main deceased
this day the last Will and testaments of Eleazar Main deceased
was presented for Probate and Record Whereupon Elias Cole and
A Stratton the Subscribing Witnesses thereto came 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 Eleazar Main was at
time of Executing the Same of full age and of Sound mind
and memory and not under any restraint It is therefore
considered and ordered that the Said Will be Admitted
to Probate and Record as duly proved as the last will and
testaments of the Said Eleazar Main deceased and be recorded
as Such and at the Same time came Margaret Main the widow
named in the Will as Executrix and gave Bond in the Sum
of one thousand dollars with Madison Main and Joseph
Main as Sureties Letters Bond etc B. C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Eleazar Main
of Troy Township Delaware County Ohio do make and Publish
this my last will and testaments
Item 1st I give and devise to my beloved Wife in Lieu of her dower
the farm on which we now reside Situate in Range
Township Six (6) Section four (4) Lots four(4) and three (3) containing
about forty and one fourth- Acres during her natural life and
all the Stock household Good furniture Provisions and other
goods and Chattles that 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 I depose
and devise to my Son Madison Main and his heirs the
Said Madison Main is to pay Six hundred dollars to be divided
between Sarah Furgerson Eunice Worline and Mary Ann
Slawson- And all Moneys chattles and Household Goods
to be divided So that Said Sarah Ferguson and Eunice Worline
has received the same as the Said Mary Ann Slawson the
the remainder to be equally divided---
I do hereby nominate and appoint Margaret Main My Wife
Executrix of this my last will and testaments 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
[corresponds to labeled page 142 of Will Records Vol. 5 1869-1876]
Record of the Last Will of Eleazar Main deceased
Proceedings had before the Hon. B. C. Waters Judge of the
Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the town
of Delaware on the 18th day of May A D 1871
Will and Estate of Eleazar Main deceased
this day the last Will and testaments of Eleazar Main deceased
was presented for Probate and Record Whereupon Elias Cole and
A Stratton the Subscribing Witnesses thereto came 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 Eleazar Main was at
time of Executing the Same of full age and of Sound mind
and memory and not under any restraint It is therefore
considered and ordered that the Said Will be Admitted
to Probate and Record as duly proved as the last will and
testaments of the Said Eleazar Main deceased and be recorded
as Such and at the Same time came Margaret Main the widow
named in the Will as Executrix and gave Bond in the Sum
of one thousand dollars with Madison Main and Joseph
Main as Sureties Letters Bond etc B. C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Eleazar Main
of Troy Township Delaware County Ohio do make and Publish
this my last will and testaments
Item 1st I give and devise to my beloved Wife in Lieu of her dower
the farm on which we now reside Situate in Range
Township Six (6) Section four (4) Lots four(4) and three (3) containing
about forty and one fourth- Acres during her natural life and
all the Stock household Good furniture Provisions and other
goods and Chattles that 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 I depose
and devise to my Son Madison Main and his heirs the
Said Madison Main is to pay Six hundred dollars to be divided
between Sarah Furgerson Eunice Worline and Mary Ann
Slawson- And all Moneys chattles and Household Goods
to be divided So that Said Sarah Ferguson and Eunice Worline
has received the same as the Said Mary Ann Slawson the
the remainder to be equally divided---
I do hereby nominate and appoint Margaret Main My Wife
Executrix of this my last will and testaments 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
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 176)
Description
[page 176]
[corresponds to labeled page 143 of Will Records Vol. 5 1869-1876]
143
Record of the Last Will of Eleazar Main deceased
Hereof I have hereunto Set my hand and Seal this the Second
day of February in the year of Eighteen hundred and Sixty nine
Eleazar Main
Signed and acknowledged by Said Eleazar Main as his last will
and testaments in our presence and Signed by us in his Presence
Elias Cole
A Stratton
The State of Ohio }
Delaware County ss } In the Matter of the Last will and testaments of
Eleazar Main deceased We Elias Cole and A. Stratton being
duly Sworn in open Court this the 18th day of May A D 1871 depose
and Say that we were present at the Execution of the Last will and
testaments of Eleazar Main deceased of Fry Township Delaware
county hereunto annexed bearing date Second day of February 1869
that we Saw the Said testator Subscribe Said Will and heard him
publish and declare the Same to be his last will and testaments
and that the Said testator at the time of Executing the Same
was of full age and Sound mind and memory and not under
any restraint and that we Signed the Same as Witness at
his request and in his presence and in the presence of each other
Elias Cole
A Stratton
Sworn to and Subscribed before me in the Probate court
this the 18th day of May A D 1871 B C. Waters Probate Judge
[corresponds to labeled page 143 of Will Records Vol. 5 1869-1876]
143
Record of the Last Will of Eleazar Main deceased
Hereof I have hereunto Set my hand and Seal this the Second
day of February in the year of Eighteen hundred and Sixty nine
Eleazar Main
Signed and acknowledged by Said Eleazar Main as his last will
and testaments in our presence and Signed by us in his Presence
Elias Cole
A Stratton
The State of Ohio }
Delaware County ss } In the Matter of the Last will and testaments of
Eleazar Main deceased We Elias Cole and A. Stratton being
duly Sworn in open Court this the 18th day of May A D 1871 depose
and Say that we were present at the Execution of the Last will and
testaments of Eleazar Main deceased of Fry Township Delaware
county hereunto annexed bearing date Second day of February 1869
that we Saw the Said testator Subscribe Said Will and heard him
publish and declare the Same to be his last will and testaments
and that the Said testator at the time of Executing the Same
was of full age and Sound mind and memory and not under
any restraint and that we Signed the Same as Witness at
his request and in his presence and in the presence of each other
Elias Cole
A Stratton
Sworn to and Subscribed before me in the Probate court
this the 18th day of May A D 1871 B C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 177)
Description
[page 177]
[corresponds to labeled page 144 of Will Records Vol. 5 1869-1876]
144
Record of the Last Will of Andrew Heim deceased
Copy of the Will
In the name of God Amen
I Andrew Heim of the City of Baltimore State of Maryland
considering the uncertainty of this life and being of Sound
Mind and Memory blessed be almighty God for the Same
do make and publish this my Last Will and testaments as
follows
Item 1st It is my will and desire that all my Just debts and funer
-al charges be paid out of my Estate by my Executors herein
-after named as Soon after my decease as Shall by them
be found convenient
Item 2d Supposing my son Oliver to be dead in Satisfaction of his
inheritance from my Estate I Give and bequeath to his Son
Andrew the Sum of one Thousand Dollars to be paid when he
arrives at the age of majority but in the event of his death
before that time then the Said Sum of one Thousand Dollars
to be equally divided between my Grand Children Robt A
Mary and Willie Heim Children of my Son Thomas Heim
deceased and John Lewis and Marice Augustus Heim Children
of my Son Lewis Augustus Heim decd
Item 3d I give and bequeath to my Grand Children Robert A Heim
Mary Heim and Willie Heim Children of my Son Thomas
Heim deceased in Satisfaction of his inheritance from my Estate
the Sum of Five Hundred dollars to each of the three named
Children to be paid them as they each Severly arrive at the
age of majority
Item 4th I give devise and bequeath to my Grand Children John
Lewis Heim and Maurice Augustus Heim Children of my Son Lewis
Augustus Heim deceased in Satisfaction of his inheritance
from my estate the Sum of Seven Hundred ^ Fifty Dollars to each
of the two named children to be paid them as they each Severly
arrive at the age of majority but in the event of the death of
these two Children before they arrive at majority then their
portion to be equally divided between my legal heirs
Item 5th It is my will and desire that the Said Several Sums of money
as aforesaid bequeathed to my Said Grand children should
be placed upon interest by my Executors hereinafter named
and the Interest to be advanced annually to each one named for
there benefit and in case the principal or any part Should become
actually needed for there sustenace and Support my Said Executors
in there discretion may pay the Sum as it becomes absolutely necessary
Item 6th Not having heard from my Son Edward for more than
ten years past and no certain Knowledge if he is living or dead
in Satisfaction of his inheritance from my Estate I order and
direct my Executors to put out on Interest the sum of One Thousa
-nd Dollars for the Said Edward in case he prove to be living
or if dead and Left legitimate Children to inherit the Said Sum
and for this purpose my Executors are to make diligent enquiries
[corresponds to labeled page 144 of Will Records Vol. 5 1869-1876]
144
Record of the Last Will of Andrew Heim deceased
Copy of the Will
In the name of God Amen
I Andrew Heim of the City of Baltimore State of Maryland
considering the uncertainty of this life and being of Sound
Mind and Memory blessed be almighty God for the Same
do make and publish this my Last Will and testaments as
follows
Item 1st It is my will and desire that all my Just debts and funer
-al charges be paid out of my Estate by my Executors herein
-after named as Soon after my decease as Shall by them
be found convenient
Item 2d Supposing my son Oliver to be dead in Satisfaction of his
inheritance from my Estate I Give and bequeath to his Son
Andrew the Sum of one Thousand Dollars to be paid when he
arrives at the age of majority but in the event of his death
before that time then the Said Sum of one Thousand Dollars
to be equally divided between my Grand Children Robt A
Mary and Willie Heim Children of my Son Thomas Heim
deceased and John Lewis and Marice Augustus Heim Children
of my Son Lewis Augustus Heim decd
Item 3d I give and bequeath to my Grand Children Robert A Heim
Mary Heim and Willie Heim Children of my Son Thomas
Heim deceased in Satisfaction of his inheritance from my Estate
the Sum of Five Hundred dollars to each of the three named
Children to be paid them as they each Severly arrive at the
age of majority
Item 4th I give devise and bequeath to my Grand Children John
Lewis Heim and Maurice Augustus Heim Children of my Son Lewis
Augustus Heim deceased in Satisfaction of his inheritance
from my estate the Sum of Seven Hundred ^ Fifty Dollars to each
of the two named children to be paid them as they each Severly
arrive at the age of majority but in the event of the death of
these two Children before they arrive at majority then their
portion to be equally divided between my legal heirs
Item 5th It is my will and desire that the Said Several Sums of money
as aforesaid bequeathed to my Said Grand children should
be placed upon interest by my Executors hereinafter named
and the Interest to be advanced annually to each one named for
there benefit and in case the principal or any part Should become
actually needed for there sustenace and Support my Said Executors
in there discretion may pay the Sum as it becomes absolutely necessary
Item 6th Not having heard from my Son Edward for more than
ten years past and no certain Knowledge if he is living or dead
in Satisfaction of his inheritance from my Estate I order and
direct my Executors to put out on Interest the sum of One Thousa
-nd Dollars for the Said Edward in case he prove to be living
or if dead and Left legitimate Children to inherit the Said Sum
and for this purpose my Executors are to make diligent enquiries
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 178)
Description
[page 178]
[corresponds to labeled page 145 of Will Records Vol. 5 1869-1876]
145
Record of the Last Will of Andrew Heim decd
to ascertain if my Said Son Edward is living or dead and from all the Informat
they can obtain become Satisfied that my Said Son Edward is dead and left
no legitimate Children then the Said one thousand Dollars with the Interest
thereon herein Set apart for my Son Edward I Give and bequeath to my two
Sons Jacob R and William D Heim to be equally divided between them
Item 7th In consideration of living the remaining years of my life with my two
Sons William D. and Jacob B. all the rent and residue of my
Estate Real personal or mixed of which I Shall die Seized and possessed
or to which I Shall be entitled at the time of my decease I hereby give
devise and bequeath to be equally divided to and among my sons Jacob
B. and William D. Heim
And Lastly I hereby nominate and appoint my two sons Jacob B. and
William D. Heim to be the Executors of this my last will and testaments
revoking and annulling all other wills by me made and ratifying
this and no other as my last will and testaments In Witness whereof
I have hereunto Set my hand and Seal the First day of July A D 1868
Andrew Heim {seal}
Signed Sealed published and declared by the above named
named # Andrew Heim as and for his last will and testaments
in presence of us who at his request have Signed as witnesses to the
Same C. Durhane
{US Stamp} John F. Lawson
[$1. } Jacob B. Owings
Baltimore City SS
On the 26 day of April 1871 came William D Heim
and made oath on the Holy Evangely of Almighty God that he doth
not know of any will or codicil of Andrew Heim Late of Said City
deceased other than the above Testament of writing and that he rec'd
the Same from the Testator on or about the 24th March 1870 and has
since retained possession of it that the testator departed this life the
Second day of April 1871 Sworn to in Open court
Test J Harman Register of Wills
for Baltimore City
Baltimore City ss
On the 26th day of April 1871 Came C. Durhane
John F. Lawson and Jacob B. Owings the three Subscribing
witnesses to the aforesaid ^last Will and testaments of Andrew Heim Late
of Said City deceased and made oath on the Holy Evangely of Almighty
God that they did See the Testator Sign and seal this will that they
heard him publish pronounce and declare the Same to be his last will
and testaments that at the time of his So doing he was to the best of there
apprehension of sound and disposing mind and memory and unders
-tanding and that they Subscribed their names as witnesses to this will in
his presence and at his request and in the presence of each other
Sworn to in open Court Test I Harman Brown
Register of Wills for Baltimore City
[corresponds to labeled page 145 of Will Records Vol. 5 1869-1876]
145
Record of the Last Will of Andrew Heim decd
to ascertain if my Said Son Edward is living or dead and from all the Informat
they can obtain become Satisfied that my Said Son Edward is dead and left
no legitimate Children then the Said one thousand Dollars with the Interest
thereon herein Set apart for my Son Edward I Give and bequeath to my two
Sons Jacob R and William D Heim to be equally divided between them
Item 7th In consideration of living the remaining years of my life with my two
Sons William D. and Jacob B. all the rent and residue of my
Estate Real personal or mixed of which I Shall die Seized and possessed
or to which I Shall be entitled at the time of my decease I hereby give
devise and bequeath to be equally divided to and among my sons Jacob
B. and William D. Heim
And Lastly I hereby nominate and appoint my two sons Jacob B. and
William D. Heim to be the Executors of this my last will and testaments
revoking and annulling all other wills by me made and ratifying
this and no other as my last will and testaments In Witness whereof
I have hereunto Set my hand and Seal the First day of July A D 1868
Andrew Heim {seal}
Signed Sealed published and declared by the above named
named # Andrew Heim as and for his last will and testaments
in presence of us who at his request have Signed as witnesses to the
Same C. Durhane
{US Stamp} John F. Lawson
[$1. } Jacob B. Owings
Baltimore City SS
On the 26 day of April 1871 came William D Heim
and made oath on the Holy Evangely of Almighty God that he doth
not know of any will or codicil of Andrew Heim Late of Said City
deceased other than the above Testament of writing and that he rec'd
the Same from the Testator on or about the 24th March 1870 and has
since retained possession of it that the testator departed this life the
Second day of April 1871 Sworn to in Open court
Test J Harman Register of Wills
for Baltimore City
Baltimore City ss
On the 26th day of April 1871 Came C. Durhane
John F. Lawson and Jacob B. Owings the three Subscribing
witnesses to the aforesaid ^last Will and testaments of Andrew Heim Late
of Said City deceased and made oath on the Holy Evangely of Almighty
God that they did See the Testator Sign and seal this will that they
heard him publish pronounce and declare the Same to be his last will
and testaments that at the time of his So doing he was to the best of there
apprehension of sound and disposing mind and memory and unders
-tanding and that they Subscribed their names as witnesses to this will in
his presence and at his request and in the presence of each other
Sworn to in open Court Test I Harman Brown
Register of Wills for Baltimore City
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 179)
Description
[page 179]
[corresponds to labeled page 146 of Will Records Vol. 5 1869-1876]
146
Record of last Will of Andrew Heim deceased
In Baltimore City Orphans Court
The Court after having carefully examined the
above ^last Will and testaments of Andrew Heim Late of Baltimore
City deceased and also the evidence adduced as to its validity orders
and decrees this Twenty Sixth day April 1871 that the Same be
admitted in this Court as the true and genuine last Will and
testaments of the Said Andrew Heim deceased
J S Baldeston
Thos Bond
Bolivar D. Daniels
In Testimony that the foregoing is a true copy taken from the
Original filed and remain in the office of Register of Wills for
Baltimore City I hereunto Subscribe my name and
affix the Seal of my office this Twenty Sixth day of April in the
year our Lord Eighteen hundred and Seventy one
Test J Harman Brow Registry Wills
{Seal} for Joe Fallen County
Mary Land Sct
I Isaiah Balderston presiding Judge of the
Orphans Court for Baltimore City in the State aforsesaid do
certify that the foregoing Attestation of Harman Brown Register
of Wills for Said City as in due form and by the proper officer
Given under my hand at the City of Baltimore this Twenty
Sixth day of April in the year of our Lord one thousand Eight
Hundred and seventy one Isaiah Balderston
State of Maryland Baltimore City City Sct
I hereby Testify that the Honorable Isaiah
Balderston by whom the above certificate was given and
who hath hereunto Subscribed his name was at the time of so doing
Chief Judge of the Orphans Court for Baltimore City duly
Elected commissioner and [illegible] In testimony whereof I hereto
Subscribe my name and affix the Seal of Said court this twenty
Sixth day of April in the year of our Lord one thousand
eight Hundred and Seventy one Harman Brown
Test Regentee of Wills for the City
{seal} of Baltimore
May 23d 1871 Will and Estate of Andrew Heim deceased
On this day the last will and testaments of Andrew Heim deceased was presented
to the Court the Same having been duly admitted to Probate and Record in the City
of Baltimore in the State of Maryland and now Presented for record in this Court
It is therefore ordered that the said will be duly recorded as the Last Will of the
Said Andrew Heim as having been duly Probated and Recorded and
William D. Heim One of the Executors named in the will came
and Gave Bond in the Sum of Eighteen Thousand Dollars with
as his Surety no appraisers appointed Letters
Issue Bond accepted etc B.C. Waters Probate Judge
[corresponds to labeled page 146 of Will Records Vol. 5 1869-1876]
146
Record of last Will of Andrew Heim deceased
In Baltimore City Orphans Court
The Court after having carefully examined the
above ^last Will and testaments of Andrew Heim Late of Baltimore
City deceased and also the evidence adduced as to its validity orders
and decrees this Twenty Sixth day April 1871 that the Same be
admitted in this Court as the true and genuine last Will and
testaments of the Said Andrew Heim deceased
J S Baldeston
Thos Bond
Bolivar D. Daniels
In Testimony that the foregoing is a true copy taken from the
Original filed and remain in the office of Register of Wills for
Baltimore City I hereunto Subscribe my name and
affix the Seal of my office this Twenty Sixth day of April in the
year our Lord Eighteen hundred and Seventy one
Test J Harman Brow Registry Wills
{Seal} for Joe Fallen County
Mary Land Sct
I Isaiah Balderston presiding Judge of the
Orphans Court for Baltimore City in the State aforsesaid do
certify that the foregoing Attestation of Harman Brown Register
of Wills for Said City as in due form and by the proper officer
Given under my hand at the City of Baltimore this Twenty
Sixth day of April in the year of our Lord one thousand Eight
Hundred and seventy one Isaiah Balderston
State of Maryland Baltimore City City Sct
I hereby Testify that the Honorable Isaiah
Balderston by whom the above certificate was given and
who hath hereunto Subscribed his name was at the time of so doing
Chief Judge of the Orphans Court for Baltimore City duly
Elected commissioner and [illegible] In testimony whereof I hereto
Subscribe my name and affix the Seal of Said court this twenty
Sixth day of April in the year of our Lord one thousand
eight Hundred and Seventy one Harman Brown
Test Regentee of Wills for the City
{seal} of Baltimore
May 23d 1871 Will and Estate of Andrew Heim deceased
On this day the last will and testaments of Andrew Heim deceased was presented
to the Court the Same having been duly admitted to Probate and Record in the City
of Baltimore in the State of Maryland and now Presented for record in this Court
It is therefore ordered that the said will be duly recorded as the Last Will of the
Said Andrew Heim as having been duly Probated and Recorded and
William D. Heim One of the Executors named in the will came
and Gave Bond in the Sum of Eighteen Thousand Dollars with
as his Surety no appraisers appointed Letters
Issue Bond accepted etc B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 180)
Description
[page 180]
[corresponds to labeled page 147 of Will Records Vol. 5 1869-1876]
147
Record of the last Will of Richard J. Markwith deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the
26th day of June AD 1871 Will and estate of Richard J Markwith deceased
This day the Last Will and testament of Richard J. Markwith deceased
was Presented for Probate and Record Whereupon ^came Henry Hodgden
one of the Subscribing Witnesses who was duly Sworn and Examined and
his testimony reduced to writing and attached to the and it appearing
to the Court that H. Allen the other Subscribing Witnesses thereto is
deceased, the testimony of Henry Hodgden was taken to prove the
Signing and Signature of the Said H. Allen and is also attached to
the Will and it appearing to the Court that Said Will was duly
Executed and attested and that the Said testator Richard J Markwith
at the time of Executing the Same was of ^full age Sound mind and memory &
and not under any restraint It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly Proved
as the last Will and testament of the Said Richard J Markwith decd
and be recorded as Such no letters Issued at the Present
B.C. Waters Probate Judge
Copy of the Will
In the name of Almighty God Amen
I Richard J. Markwith of the Town of Galena 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 Blest be the name
of Almighty God for his goodness to me, do make and Publish
this my last will and testament
First My Will is that my last sickness and funeral expenses be all
Paid my body decently buried and Suitable Tomb Stone erected
to my memory
Second My Will is that my loving Wife Rachel Markwith Shall
have all my household furniture and all the rest of my Personal
Property Also all of the real Estate that I may have at my
death not expended in my Support while I am living for her
to dispose of as She may See fit or to her Proper use and benefit
and dispose and to Convey the Same as She may See See fit
Third I having Given to my children Hannah Markwith now
Woodruff Ira Markworth Nancy Markwith now Coal John
Markwith Sarah Elizabeth Markwith now Feazle Sarah Elizabeth
Feazle having disobedient and refusing my Parental Goodness
I Shall not Give any thing after my death that may remain
unexpended
Fourth My daughter Mirah Markwith I having expended
her Portion in raising her three orphan Children after her death
Lastly I do nominate and appoint my loving friend
Victor Arnold to be my Executor to this my last will
and testament In testimony whereof I have
Set my hand and Seal this 27th day
[corresponds to labeled page 147 of Will Records Vol. 5 1869-1876]
147
Record of the last Will of Richard J. Markwith deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the
26th day of June AD 1871 Will and estate of Richard J Markwith deceased
This day the Last Will and testament of Richard J. Markwith deceased
was Presented for Probate and Record Whereupon ^came Henry Hodgden
one of the Subscribing Witnesses who was duly Sworn and Examined and
his testimony reduced to writing and attached to the and it appearing
to the Court that H. Allen the other Subscribing Witnesses thereto is
deceased, the testimony of Henry Hodgden was taken to prove the
Signing and Signature of the Said H. Allen and is also attached to
the Will and it appearing to the Court that Said Will was duly
Executed and attested and that the Said testator Richard J Markwith
at the time of Executing the Same was of ^full age Sound mind and memory &
and not under any restraint It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly Proved
as the last Will and testament of the Said Richard J Markwith decd
and be recorded as Such no letters Issued at the Present
B.C. Waters Probate Judge
Copy of the Will
In the name of Almighty God Amen
I Richard J. Markwith of the Town of Galena 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 Blest be the name
of Almighty God for his goodness to me, do make and Publish
this my last will and testament
First My Will is that my last sickness and funeral expenses be all
Paid my body decently buried and Suitable Tomb Stone erected
to my memory
Second My Will is that my loving Wife Rachel Markwith Shall
have all my household furniture and all the rest of my Personal
Property Also all of the real Estate that I may have at my
death not expended in my Support while I am living for her
to dispose of as She may See fit or to her Proper use and benefit
and dispose and to Convey the Same as She may See See fit
Third I having Given to my children Hannah Markwith now
Woodruff Ira Markworth Nancy Markwith now Coal John
Markwith Sarah Elizabeth Markwith now Feazle Sarah Elizabeth
Feazle having disobedient and refusing my Parental Goodness
I Shall not Give any thing after my death that may remain
unexpended
Fourth My daughter Mirah Markwith I having expended
her Portion in raising her three orphan Children after her death
Lastly I do nominate and appoint my loving friend
Victor Arnold to be my Executor to this my last will
and testament In testimony whereof I have
Set my hand and Seal this 27th day
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 181)
Description
[page 181]
[corresponds to labeled page 148 of Will Records Vol. 5 1869-1876]
148
Record of the Last Will of Richard J. Markwith deceased
of August in the year of our Lord one Thousand eight Hundred
and Sixty two Richard J. Markwith {seal}
Signed and Sealed in Presence of us
as witnesses and by the request of R J Markwith
H Allen
H Hodgden
The State of Ohio } In the Matter of the last Will and testam
Delaware County ss. ]
-ents of Richard J Markwith late of Delaware County deceased
I Henry Hodgden being duly Sworn in open Court this
26th day of June AD 1871 depose and Say that I was present at
the Execution of the Last Will and testament of Richard J
Markwith of Galena Delaware County Ohio hereunto annexed
bearing date the 27th day of August Ad 1871 That I Saw the
Said testator Subscribe Said will and heard him Publish
and declare the Same to be his last will and testaments
and that he the Said Testator 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 I the Said
Henry Hodgden upon my oath further Say that the Said H
Allen the other subscribing Witness to the Said Will and who
is now deceased having departed this Life on the day
of AD 18 that the Signature of the Said H Allen to
Said Will as a Subscribing Witness is Genuine and that he
Signed Said Will in the Presence of Said Testator and at his
request and in his presence and in the presence of this affiant
and that each of the Subscribing witnesses Signed Said Will in
the Presence of each other at the report of the Testator
Henry Hodgden
Sworn to and Subscribed before me in the Probate Court
this the 26th day of June AD 1871 BC Waters Probate Judge
{seal}
[corresponds to labeled page 148 of Will Records Vol. 5 1869-1876]
148
Record of the Last Will of Richard J. Markwith deceased
of August in the year of our Lord one Thousand eight Hundred
and Sixty two Richard J. Markwith {seal}
Signed and Sealed in Presence of us
as witnesses and by the request of R J Markwith
H Allen
H Hodgden
The State of Ohio } In the Matter of the last Will and testam
Delaware County ss. ]
-ents of Richard J Markwith late of Delaware County deceased
I Henry Hodgden being duly Sworn in open Court this
26th day of June AD 1871 depose and Say that I was present at
the Execution of the Last Will and testament of Richard J
Markwith of Galena Delaware County Ohio hereunto annexed
bearing date the 27th day of August Ad 1871 That I Saw the
Said testator Subscribe Said will and heard him Publish
and declare the Same to be his last will and testaments
and that he the Said Testator 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 I the Said
Henry Hodgden upon my oath further Say that the Said H
Allen the other subscribing Witness to the Said Will and who
is now deceased having departed this Life on the day
of AD 18 that the Signature of the Said H Allen to
Said Will as a Subscribing Witness is Genuine and that he
Signed Said Will in the Presence of Said Testator and at his
request and in his presence and in the presence of this affiant
and that each of the Subscribing witnesses Signed Said Will in
the Presence of each other at the report of the Testator
Henry Hodgden
Sworn to and Subscribed before me in the Probate Court
this the 26th day of June AD 1871 BC Waters Probate Judge
{seal}
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 182)
Description
[page 182]
[corresponds to labeled page 149 of Will Records Vol. 5 1869-1876]
149
Record of the last Will of Elisha Thrasher decd.
Proceedings had before the Hon B.C. Waters Judge of the Court of Probate
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware
June 29th 1871 Will and Estate of Elisha Thrasher decd
This day the Last Will and testament of Elisha Thrasher decd
was presented for Probate and record Whereupon John Sinkey
and John Clark the subscribing Witnesses thereto came 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 Elisha Thrasher was 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 considered and ordered that the Said
will be admitted to probate and record as duly Proved as the Last
Will and testament of the Said Elish Thrasher decd and be
recorded as Such no Letters Issued at the Present
B.C. Waters Probate Judge
Copy of Will
In the name of the Benevolent Father of all I Elisha Thrasher
of Delaware County Ohio do make and Publish this my last will
and testament
Item 1st I devise and bequeath to my daughter Phoebe Day and
her help three hundred dollars
Item 2d I devise and bequeath to my daughter Jane Ward
and her heirs the Sum of Three hundred dollars
Item 3d I devise and bequeath to my daughter Betsey
VanHouton and her Heirs three Hundred dollars
Item 4th I devise and bequeath to my daughter Lucinda
Shannon & Her heirs three Hundred dollars
Item 5th I devise and bequeath to the Heirs of My daughter
Melissa Williams Four dollars
Item 6th I devise and bequeath to my Sons David Thrasher
and Levi Thrasher the Farm on which I now reside
of One Hundred Acres of land after payment to my daughters
and their heirs the above stipulated Sums of money of
three hundred dollars and to the Heirs of my daughter
Melissa Williams Four Dollars
In testimony hereof I have Set my hand and Seal
Item 7th I do this 18th day of May 1869 revoke all former
wills by me made In testimony I have Set my hand
and Seal this 18th day of May 1869 his
Elisha x Thrasher {seal}
mark
Signed and acknowledged
by Said Elisha Thrasher as his
last will and testament in
our Presence and Signed by
us John Sinkey
John Clark
over
[corresponds to labeled page 149 of Will Records Vol. 5 1869-1876]
149
Record of the last Will of Elisha Thrasher decd.
Proceedings had before the Hon B.C. Waters Judge of the Court of Probate
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware
June 29th 1871 Will and Estate of Elisha Thrasher decd
This day the Last Will and testament of Elisha Thrasher decd
was presented for Probate and record Whereupon John Sinkey
and John Clark the subscribing Witnesses thereto came 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 Elisha Thrasher was 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 considered and ordered that the Said
will be admitted to probate and record as duly Proved as the Last
Will and testament of the Said Elish Thrasher decd and be
recorded as Such no Letters Issued at the Present
B.C. Waters Probate Judge
Copy of Will
In the name of the Benevolent Father of all I Elisha Thrasher
of Delaware County Ohio do make and Publish this my last will
and testament
Item 1st I devise and bequeath to my daughter Phoebe Day and
her help three hundred dollars
Item 2d I devise and bequeath to my daughter Jane Ward
and her heirs the Sum of Three hundred dollars
Item 3d I devise and bequeath to my daughter Betsey
VanHouton and her Heirs three Hundred dollars
Item 4th I devise and bequeath to my daughter Lucinda
Shannon & Her heirs three Hundred dollars
Item 5th I devise and bequeath to the Heirs of My daughter
Melissa Williams Four dollars
Item 6th I devise and bequeath to my Sons David Thrasher
and Levi Thrasher the Farm on which I now reside
of One Hundred Acres of land after payment to my daughters
and their heirs the above stipulated Sums of money of
three hundred dollars and to the Heirs of my daughter
Melissa Williams Four Dollars
In testimony hereof I have Set my hand and Seal
Item 7th I do this 18th day of May 1869 revoke all former
wills by me made In testimony I have Set my hand
and Seal this 18th day of May 1869 his
Elisha x Thrasher {seal}
mark
Signed and acknowledged
by Said Elisha Thrasher as his
last will and testament in
our Presence and Signed by
us John Sinkey
John Clark
over
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 183)
Description
[page 183]
[corresponds to labeled page 150 of Will Records Vol. 5 1869-1876]
150
Record of the Last Will of Elisha Thrasher deceased
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of Elisha Thrasher
of Trenton Township deceased
We John Sinkey and John Clark being duly Sworn in
open Court this 29th day of June AD 1871 depose and Say that
we were present at the execution of the last will and testament
of Elisha Thrasher deceased of Trenton Township Delaware
County Ohio hereunto annexed bearing date 18th day of May
1869 that we Saw the Said testator Subscribe Said Will and
heard him publish and declare the Same to be his last will and
testament and that the Said testator at the time of Executing
the Same was of full age and of Sound mind and memory
and not under any restraint and that we signed the
the Same as witnesses at his request and in his presence and
in the presence of each other John Sinkey
John Clark
Sworn to and Subscribed before in the Probate Court
this 29th day of June Ad 1871 B.C. Waters Probate Judge
Record of the last Will of Paul Dewitt deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
15th day of July AD 1871
Will and Estate of Paul Dewitt deceased
On this day the Last Will and testament of Paul Dewitt of Delaware
County deceased was presented for probate and Record Whereupon
Leander Comstock and J.W. Comstock the Subscribing witnesses
thereto were duly Sworn 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 memory and not
under any restraint it is therefore considered and ordered that
the Said Will be admitted to Probate and Record as duly Proved
as the last will and testament of Paul Dewitt decd and be
Recorded as such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Paul Dewitt
of the State of Ohio Delaware County do make and publish
this my last will and testament
First it is my will that my Just debts and all charges be had
out of my Estate Second that my Property be equally divided
among my children or their heirs except my Son Charles
in and he Shall return in five years from my death the
Said Charles Shall have his full Share if not his Share
[corresponds to labeled page 150 of Will Records Vol. 5 1869-1876]
150
Record of the Last Will of Elisha Thrasher deceased
The State of Ohio Delaware County S.S.
In the matter of the last will and testament of Elisha Thrasher
of Trenton Township deceased
We John Sinkey and John Clark being duly Sworn in
open Court this 29th day of June AD 1871 depose and Say that
we were present at the execution of the last will and testament
of Elisha Thrasher deceased of Trenton Township Delaware
County Ohio hereunto annexed bearing date 18th day of May
1869 that we Saw the Said testator Subscribe Said Will and
heard him publish and declare the Same to be his last will and
testament and that the Said testator at the time of Executing
the Same was of full age and of Sound mind and memory
and not under any restraint and that we signed the
the Same as witnesses at his request and in his presence and
in the presence of each other John Sinkey
John Clark
Sworn to and Subscribed before in the Probate Court
this 29th day of June Ad 1871 B.C. Waters Probate Judge
Record of the last Will of Paul Dewitt deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on the
15th day of July AD 1871
Will and Estate of Paul Dewitt deceased
On this day the Last Will and testament of Paul Dewitt of Delaware
County deceased was presented for probate and Record Whereupon
Leander Comstock and J.W. Comstock the Subscribing witnesses
thereto were duly Sworn 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 memory and not
under any restraint it is therefore considered and ordered that
the Said Will be admitted to Probate and Record as duly Proved
as the last will and testament of Paul Dewitt decd and be
Recorded as such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Paul Dewitt
of the State of Ohio Delaware County do make and publish
this my last will and testament
First it is my will that my Just debts and all charges be had
out of my Estate Second that my Property be equally divided
among my children or their heirs except my Son Charles
in and he Shall return in five years from my death the
Said Charles Shall have his full Share if not his Share
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 184)
Description
[page 184]
[corresponds to labeled page 151 of Will Records Vol. 5 1869-1876]
151
Record of the Last Will of Paul Dewitt deceased
be equally divided among the remainder of my children except
twenty five dollars to go to his wife Rickey
I appoint and make my Son John Dewitt Executor of this my last will
and testament Paul Dewitt {seal}
Signed and acknowledged by Said Paul Dewitt as his last
Will and testament in our Presence and Signed by us in his presence
Leander Comstock
J.W. Comstock
PS in case my Son Charles Should not return I want to pay
my Son Alexander one Hundred dollars out of Charles Shares the
balance equally divided among the rest of children
The State of Ohio Delaware County Ss
In the matter of the Last Will and testament of Paul Dewitt of
Trenton T.P. Delaware County deceased
We Leander Comstock and J.W. Comstock being duly Sworn in
open Court this 15th day of July Ad 1871 depose and Say that we were
present at the execution of the last will and testament of Paul
Dewitt of Trenton Township in Said County hereunto annexed
bearing date March AD 1869 that We Saw the Said testator
Subscribe Said Will and heard him publish and declare the
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 } Leander Comstock
Sworn to and Subscribed before me this } J.W. Comstock
15th day of July AD 1871 B.C. Waters Probate Judge
__________________________________________________________________
Will and Estate of Evan Owen deceased
Proceeding had before the Hon B.C. Waters Judge of Court
of Probate within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 5th day of August A.D. 1871
Will and Estate of Evan Owen deceased
On this day the last Will and testament of Evan Owen
deceased were presented to the Court for Probate and Record
Whereupon Rees Powell and Robert Morris the Subscribing
Witnesses and were duly Sworn and there testimony reduced to
writing and 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 It is therefore considered and ordered that the
Said will be admitted to probate and Record as duly Proved as
the Last Will of Evan Owens deceased and Be recorded as
Such B.C. Waters, Probate Judge
[corresponds to labeled page 151 of Will Records Vol. 5 1869-1876]
151
Record of the Last Will of Paul Dewitt deceased
be equally divided among the remainder of my children except
twenty five dollars to go to his wife Rickey
I appoint and make my Son John Dewitt Executor of this my last will
and testament Paul Dewitt {seal}
Signed and acknowledged by Said Paul Dewitt as his last
Will and testament in our Presence and Signed by us in his presence
Leander Comstock
J.W. Comstock
PS in case my Son Charles Should not return I want to pay
my Son Alexander one Hundred dollars out of Charles Shares the
balance equally divided among the rest of children
The State of Ohio Delaware County Ss
In the matter of the Last Will and testament of Paul Dewitt of
Trenton T.P. Delaware County deceased
We Leander Comstock and J.W. Comstock being duly Sworn in
open Court this 15th day of July Ad 1871 depose and Say that we were
present at the execution of the last will and testament of Paul
Dewitt of Trenton Township in Said County hereunto annexed
bearing date March AD 1869 that We Saw the Said testator
Subscribe Said Will and heard him publish and declare the
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 } Leander Comstock
Sworn to and Subscribed before me this } J.W. Comstock
15th day of July AD 1871 B.C. Waters Probate Judge
__________________________________________________________________
Will and Estate of Evan Owen deceased
Proceeding had before the Hon B.C. Waters Judge of Court
of Probate within and for the County of Delaware and State of
Ohio at his office in the Court House in the Town of Delaware
on the 5th day of August A.D. 1871
Will and Estate of Evan Owen deceased
On this day the last Will and testament of Evan Owen
deceased were presented to the Court for Probate and Record
Whereupon Rees Powell and Robert Morris the Subscribing
Witnesses and were duly Sworn and there testimony reduced to
writing and 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 It is therefore considered and ordered that the
Said will be admitted to probate and Record as duly Proved as
the Last Will of Evan Owens deceased and Be recorded as
Such B.C. Waters, Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 185)
Description
[page 185]
[corresponds to labeled page 152 of Will Records Vol. 5 1869-1876]
152
Record of the Will of Evan Owen deceased
Copy of the Will
In the name of God Amen
This is the Last Will and Testament of Mr Evan Owen
of Troy Township Delaware County State of Ohio
Do hereby Give and bequeath my farm on which I now
live and all my stock and my House furniture unto Elizabeth
Owen my beloved wife -- after my decease during her natural
But if She will married I am not give to her only but five
doller to be paid to her by my children
Also I Give and bequeath unto my Daughter Mary the Sum of
Hundred Dollar and a Cow to be paid to her by my wife any
time when She call for them also I Give and bequeath after
the decease of my beloved wife my farm on which I now live and
the Stock furniture and the money to be divided Equal Share between
Evan Owen My Son and Elizabeth my daughter
This is my last Will and testament Thank God almighty
I am at present in perfect health memory and understanding
And I do hereby revoke and Disaval all former will or wills
heretofore made by me Willed or Sealed and declare this and
no other to be my last will and testament he witness my hand
this 31 day of July on the year of our Lord one Thousand Eight
Hundred and fifty four } his
Signed Sealed and declared by } Evan x Owen {seal}
the testator in the presence of } mark
us whose names are hereunto }
Subscribed as witnesses }
Rees Powell }
Robert Morris } The State of Ohio Delaware
County ss In the matter of the last will and testament of
Evan Owen of Radnor Township Delaware County deceased
We Rees Thomas and Robert Morris being duly Sworn
in open Court this fifth day of August AD 1871 depose and Say
that they were present at the Execution of the last Will and
testament of Evan Owen of Radnor Township decd bearing
date 31 day of July 1854 that we Saw the Said testator Subscribe
Said Will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time
of Executing the Same was of full age and of Sound mind and
Memory and not under any restraint and that we Signed
the Same as Witnesses at his request and in his presence
and in the presence of each other
Rees Powell
Sworn to and Subscribed before me this 5th day of August
AD 1871 BC Waters Probate
Judge
[corresponds to labeled page 152 of Will Records Vol. 5 1869-1876]
152
Record of the Will of Evan Owen deceased
Copy of the Will
In the name of God Amen
This is the Last Will and Testament of Mr Evan Owen
of Troy Township Delaware County State of Ohio
Do hereby Give and bequeath my farm on which I now
live and all my stock and my House furniture unto Elizabeth
Owen my beloved wife -- after my decease during her natural
But if She will married I am not give to her only but five
doller to be paid to her by my children
Also I Give and bequeath unto my Daughter Mary the Sum of
Hundred Dollar and a Cow to be paid to her by my wife any
time when She call for them also I Give and bequeath after
the decease of my beloved wife my farm on which I now live and
the Stock furniture and the money to be divided Equal Share between
Evan Owen My Son and Elizabeth my daughter
This is my last Will and testament Thank God almighty
I am at present in perfect health memory and understanding
And I do hereby revoke and Disaval all former will or wills
heretofore made by me Willed or Sealed and declare this and
no other to be my last will and testament he witness my hand
this 31 day of July on the year of our Lord one Thousand Eight
Hundred and fifty four } his
Signed Sealed and declared by } Evan x Owen {seal}
the testator in the presence of } mark
us whose names are hereunto }
Subscribed as witnesses }
Rees Powell }
Robert Morris } The State of Ohio Delaware
County ss In the matter of the last will and testament of
Evan Owen of Radnor Township Delaware County deceased
We Rees Thomas and Robert Morris being duly Sworn
in open Court this fifth day of August AD 1871 depose and Say
that they were present at the Execution of the last Will and
testament of Evan Owen of Radnor Township decd bearing
date 31 day of July 1854 that we Saw the Said testator Subscribe
Said Will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time
of Executing the Same was of full age and of Sound mind and
Memory and not under any restraint and that we Signed
the Same as Witnesses at his request and in his presence
and in the presence of each other
Rees Powell
Sworn to and Subscribed before me this 5th day of August
AD 1871 BC Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 186)
Description
[page 186]
[corresponds to labeled page 153 of Will Records Vol. 5 1869-1876]
153
Record of the Will of William White deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 26th day
of August AD 1871
Will and Estate of William White deceased
On this day the last Will and testament of William White decd
of Delaware County were presented for Probate and Record
Whereupon Solomon Davis and Louisa L Davis the Subscribing
witnesses thereto came and were duly Sworn and there testimony
reduced to writing and 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 it is therefore considered
and ordered that the Said Will be admitted to Probate and
record as duly Proved as the Last Will and testament of
William White deceased and be recorded as such
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I William
White of Kingston Township Delaware County State of Ohio
do make and publish this my last will and testament
Item 1st I Give and devise to my wife in lieu of her dower
the farm on which we now reside Situate in Kingston Township
Delaware County Continuing about 96 acres during Her natural life
and all the Stock Household Goods furniture provisions and other
Goods and chattles which may be thereon at the time of my decease
during her natural life as aforesaid She however Selling So
much thereof as may be 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 unconsumed and unexpended I Give and devise
to my Sons and daughters and there heirs in the manner
hereafter described by me
Item 2d
At my ^wifes decease if She Should out live me if not at my
decease the property real and personal is to be Sold for Cash
as soon as it can be done without Sacrifice and divided Amongst
my Heirs as hereafter Specified
Item 3d To my Son Isaac White of living at that time I give
and bequeath one thousand Dollars
Item 4th to my Son W.W. White and his heirs I give and
devise four Hundred and Eight dollars
Item 5th To my daughter Mary Jane Novinger and her
heirs I Give and devise Five Hundred and forty dollars
Item 6th to my Son Freelon White Give and devise Five Hundred
and Sixty dollars
[corresponds to labeled page 153 of Will Records Vol. 5 1869-1876]
153
Record of the Will of William White deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 26th day
of August AD 1871
Will and Estate of William White deceased
On this day the last Will and testament of William White decd
of Delaware County were presented for Probate and Record
Whereupon Solomon Davis and Louisa L Davis the Subscribing
witnesses thereto came and were duly Sworn and there testimony
reduced to writing and 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 it is therefore considered
and ordered that the Said Will be admitted to Probate and
record as duly Proved as the Last Will and testament of
William White deceased and be recorded as such
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I William
White of Kingston Township Delaware County State of Ohio
do make and publish this my last will and testament
Item 1st I Give and devise to my wife in lieu of her dower
the farm on which we now reside Situate in Kingston Township
Delaware County Continuing about 96 acres during Her natural life
and all the Stock Household Goods furniture provisions and other
Goods and chattles which may be thereon at the time of my decease
during her natural life as aforesaid She however Selling So
much thereof as may be 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 unconsumed and unexpended I Give and devise
to my Sons and daughters and there heirs in the manner
hereafter described by me
Item 2d
At my ^wifes decease if She Should out live me if not at my
decease the property real and personal is to be Sold for Cash
as soon as it can be done without Sacrifice and divided Amongst
my Heirs as hereafter Specified
Item 3d To my Son Isaac White of living at that time I give
and bequeath one thousand Dollars
Item 4th to my Son W.W. White and his heirs I give and
devise four Hundred and Eight dollars
Item 5th To my daughter Mary Jane Novinger and her
heirs I Give and devise Five Hundred and forty dollars
Item 6th to my Son Freelon White Give and devise Five Hundred
and Sixty dollars
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 187)
Description
[page 187]
[corresponds to labeled page 154 of Will Records Vol. 5 1869-1876]
154
Record of the Will of William White decd
Item 7th To my Son A.B. White I give and devise Five
Hundred and twenty dollars
Item 8th to my Son J.E. White I Give and devise three
Hundred and fifty dollars
Item 9th To my Son G.W. White I Give and devise three
Hundred and fifty dollars
Item 10th To my Son Armedian White I Give and devise
One Hundred dollars
Item 11th To my Daughter D C Philips and her heirs
I give and devise five Hundred ^ and twenty dollars
Item 12th I give and devise to my Daughter Phebe U. Staley
five Hundred and twenty dollars
Item 13th If any of the above named heirs Should die
before my decease or my wife decease leaving no heirs
there parties to be equally divided amongst the Living Heirs
Item 14th I if the property when Sold does not amount to as
much as the above Specified sums each one is to recover
in proportion in proportion to the above Specified Sums
Item 15th If the property real and personal when Sold
Should amount to more than what is specified in the
above sums it is to be equally divided among the Living
Heirs at that time
Item 16th I do Hereby nominate and appoint Gardner W. White
and Armedian White 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 on 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 purchases to Execute
acknowledge and deliver in fee Simple
In testimony whereof I have hereunto Set my hand and Seal this ninth
day of March ^in the year of our Lord AD 1868 Wm White {seal}
Signed and acknowledged by Said William White as his last will and
testament in our Person and signed by us in his presence } Solomon Davis
The State of Ohio Delaware County Ss } Louisa L. Davis
In the matter of the Last Will and testament of William White deceased of Kingston T.P.
Delaware County Ohio decd We Solomon Davis and Louisa L Davis being duly
Sworn in open court the 26th day of August AD 1871 depose and Sat that we were
present at the execution of the Last Will and testament of William White of Kingston T.P.
Delaware County hereunto annexed bearing date 9th day of March 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 not under any restraint
and that we Signed the Same as witnesses at his request and in his presence and
in the presence of each other } Solomon Davis
Sworn to and Subscribed before me in Probate Court the } Louisa L Davis
26th day of August AD 1871 B.C. Waters Probate Judge
[corresponds to labeled page 154 of Will Records Vol. 5 1869-1876]
154
Record of the Will of William White decd
Item 7th To my Son A.B. White I give and devise Five
Hundred and twenty dollars
Item 8th to my Son J.E. White I Give and devise three
Hundred and fifty dollars
Item 9th To my Son G.W. White I Give and devise three
Hundred and fifty dollars
Item 10th To my Son Armedian White I Give and devise
One Hundred dollars
Item 11th To my Daughter D C Philips and her heirs
I give and devise five Hundred ^ and twenty dollars
Item 12th I give and devise to my Daughter Phebe U. Staley
five Hundred and twenty dollars
Item 13th If any of the above named heirs Should die
before my decease or my wife decease leaving no heirs
there parties to be equally divided amongst the Living Heirs
Item 14th I if the property when Sold does not amount to as
much as the above Specified sums each one is to recover
in proportion in proportion to the above Specified Sums
Item 15th If the property real and personal when Sold
Should amount to more than what is specified in the
above sums it is to be equally divided among the Living
Heirs at that time
Item 16th I do Hereby nominate and appoint Gardner W. White
and Armedian White 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 on 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 purchases to Execute
acknowledge and deliver in fee Simple
In testimony whereof I have hereunto Set my hand and Seal this ninth
day of March ^in the year of our Lord AD 1868 Wm White {seal}
Signed and acknowledged by Said William White as his last will and
testament in our Person and signed by us in his presence } Solomon Davis
The State of Ohio Delaware County Ss } Louisa L. Davis
In the matter of the Last Will and testament of William White deceased of Kingston T.P.
Delaware County Ohio decd We Solomon Davis and Louisa L Davis being duly
Sworn in open court the 26th day of August AD 1871 depose and Sat that we were
present at the execution of the Last Will and testament of William White of Kingston T.P.
Delaware County hereunto annexed bearing date 9th day of March 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 not under any restraint
and that we Signed the Same as witnesses at his request and in his presence and
in the presence of each other } Solomon Davis
Sworn to and Subscribed before me in Probate Court the } Louisa L Davis
26th day of August AD 1871 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 188)
Description
[page 188]
[corresponds to labeled page 155 of Will Records Vol. 5 1869-1876]
155
Record of the Will of Jacob Roloson decd
Proceedings had before the Hon B C Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in the
Court House in the Town of Delaware on the 19th day of July
AD 1871
Will and Estate of Jacob Roloson deceased
On this day the Last Will and testament of Jacob Roloson deceased
were presented for Probate and Record Whereupon Chancey W Smith
and Joel C Roloson the Subscribing Witnesses thereto came and
were duly Sworn and their testimony reduced to writing and
annexed to the will and pled therewith And it appearing
to the Court that Said Will was duly Executed and attested and
that Said Testator at the time of Executing the Same was of full
age and of Sound mind memory and not under any restraint
it is therefore ordered and considered that Said Will be admitted
to Probate and Record as duly Proved as the last will and
testament of Jacob Roloson decd and be admitted to probate
and Record as Such B.C. Waters Probate Judge
Copy of the Will
I Jacob Roloson of the Township of Brown County of Delaware
and State of Ohio being of Sound mind and memory and
considering the uncertainty of this frail and leamtory life
do therefore make ordain publish and declare this to be my
last will and Testament that is to Say First after all my
lawful debts are paid and discharged the residue of
my Estate real and personal I Give bequeath and dispose of
as follows to wit to my beloved wife all my house hold
goods the present crops now on the farm wheat in the bin
one cow all the poultry two Hundred dollars in US Govern
ment Bonds one note of hand against Henry Hults for one Hundred
dollars and Seventeen Hundred dollars out of my personal
and real estate to be paid out of the first moneys collected by
my Executors after paying my debts No Interest to accrue on
the above until after one year from my decease
I Give bequeath and devise all the rent residue and remainder
of my real and personal estate to be divided between my
children each to have an equal Share alike except to my
daughter Elizabeth One hundred dollars and interest from
the first day of February A.D. 1868 which is to be deducted from her
Shall likewise I make constitute and appoint my wife
Jane and my Son John Roloson to be executors of this my last
will and testament In witness whereof I have hereunto
Subscribed my name and affixed my Seal the Sixteenth
day of July in the year of our Lord one thousand eight hundred
and Seventy one Jacob Roloson {seal}
The written instrument was subscribed by the Said
Jacob Roloson in our presence and acknowledged by him to each of us and
he at the Same time published and declared the above instruments So Subscribed
to be his last will and testament and we at
[corresponds to labeled page 155 of Will Records Vol. 5 1869-1876]
155
Record of the Will of Jacob Roloson decd
Proceedings had before the Hon B C Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in the
Court House in the Town of Delaware on the 19th day of July
AD 1871
Will and Estate of Jacob Roloson deceased
On this day the Last Will and testament of Jacob Roloson deceased
were presented for Probate and Record Whereupon Chancey W Smith
and Joel C Roloson the Subscribing Witnesses thereto came and
were duly Sworn and their testimony reduced to writing and
annexed to the will and pled therewith And it appearing
to the Court that Said Will was duly Executed and attested and
that Said Testator at the time of Executing the Same was of full
age and of Sound mind memory and not under any restraint
it is therefore ordered and considered that Said Will be admitted
to Probate and Record as duly Proved as the last will and
testament of Jacob Roloson decd and be admitted to probate
and Record as Such B.C. Waters Probate Judge
Copy of the Will
I Jacob Roloson of the Township of Brown County of Delaware
and State of Ohio being of Sound mind and memory and
considering the uncertainty of this frail and leamtory life
do therefore make ordain publish and declare this to be my
last will and Testament that is to Say First after all my
lawful debts are paid and discharged the residue of
my Estate real and personal I Give bequeath and dispose of
as follows to wit to my beloved wife all my house hold
goods the present crops now on the farm wheat in the bin
one cow all the poultry two Hundred dollars in US Govern
ment Bonds one note of hand against Henry Hults for one Hundred
dollars and Seventeen Hundred dollars out of my personal
and real estate to be paid out of the first moneys collected by
my Executors after paying my debts No Interest to accrue on
the above until after one year from my decease
I Give bequeath and devise all the rent residue and remainder
of my real and personal estate to be divided between my
children each to have an equal Share alike except to my
daughter Elizabeth One hundred dollars and interest from
the first day of February A.D. 1868 which is to be deducted from her
Shall likewise I make constitute and appoint my wife
Jane and my Son John Roloson to be executors of this my last
will and testament In witness whereof I have hereunto
Subscribed my name and affixed my Seal the Sixteenth
day of July in the year of our Lord one thousand eight hundred
and Seventy one Jacob Roloson {seal}
The written instrument was subscribed by the Said
Jacob Roloson in our presence and acknowledged by him to each of us and
he at the Same time published and declared the above instruments So Subscribed
to be his last will and testament and we at
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 189)
Description
[page 189]
[corresponds to labeled page 156 of Will Records Vol. 5 1869-1876]
156
Record of the Will of Jacob Roloson deceased
The testators request and in his presence have Signed our
names as witnesses hereto
Attest Chauncey W Smith {seal}
Joel C Roloson {seal}
I do hereby authorize my Executors to Sell my real and
personal estate without having Said Estate appraised
Attest Jacob Roloson {seal}
Chancey W Smith
Joel C Roloson
The State of Ohio }
Delaware County ss } In the matter of the Last will and
testament of Jacob Roloson of Brown Township decd
We Chauncey W. Smith and Joel C. Roloson being duly
sworn in open Court this 19th day of July AD 1871 depose and
Say that we were present at the execution of the last will and
testament of Jacob Roloson decd hereunto annexed bearing
date 16th day of July 1871 that we Saw the Said testator Subscribe
Said will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time
of executing the same 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 Chauncy W Smith
Joel C Roloson
Sworn to and Subscribed before me in Probate Court
this 19th day of July Ad 1871 B.C. Waters Probate Judge
Record of the Will of Henry Wells deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on
the 25th day of July Ad 1871
July 25th 1871 Will and Estate of Henry Wells deceased
On this day the Last Will and testament of Henry Wells
deceased was presented for Probate and Record Whereupon
C.C. Chamberlain and William Brown the Subscribing
witnesses thereto came and were duly Sworn and these 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 It is therefore considered and
ordered that the Said Will be admitted to probate and Record
as the Last Will and testament of Henry Wells deceased
and be recorded as Such B.C. Waters Probate
Judge
[corresponds to labeled page 156 of Will Records Vol. 5 1869-1876]
156
Record of the Will of Jacob Roloson deceased
The testators request and in his presence have Signed our
names as witnesses hereto
Attest Chauncey W Smith {seal}
Joel C Roloson {seal}
I do hereby authorize my Executors to Sell my real and
personal estate without having Said Estate appraised
Attest Jacob Roloson {seal}
Chancey W Smith
Joel C Roloson
The State of Ohio }
Delaware County ss } In the matter of the Last will and
testament of Jacob Roloson of Brown Township decd
We Chauncey W. Smith and Joel C. Roloson being duly
sworn in open Court this 19th day of July AD 1871 depose and
Say that we were present at the execution of the last will and
testament of Jacob Roloson decd hereunto annexed bearing
date 16th day of July 1871 that we Saw the Said testator Subscribe
Said will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time
of executing the same 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 Chauncy W Smith
Joel C Roloson
Sworn to and Subscribed before me in Probate Court
this 19th day of July Ad 1871 B.C. Waters Probate Judge
Record of the Will of Henry Wells deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on
the 25th day of July Ad 1871
July 25th 1871 Will and Estate of Henry Wells deceased
On this day the Last Will and testament of Henry Wells
deceased was presented for Probate and Record Whereupon
C.C. Chamberlain and William Brown the Subscribing
witnesses thereto came and were duly Sworn and these 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 It is therefore considered and
ordered that the Said Will be admitted to probate and Record
as the Last Will and testament of Henry Wells deceased
and be recorded as Such B.C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 190)
Description
[page 190]
[corresponds to labeled page 157 of Will Records Vol. 5 1869-1876]
157
Record of the Will of Henry Wells deceased
Copy of the Will
In the name of God Amen
I Henry Wells of the County of Delaware
and State of Ohio being Weak in body but of a Sound mind
and disposing mind and memory do make and publish this my
last will and testament hereby revoking all prior wills by one made
and hereby declaring this and this along to be my last will and
testament
Item Ist I hereby direct that all my Just debts and funeral
expenses be first paid out of my Estate
Item IId I hereby direct and devise that all my Personal property
which may remain unsold at my death Shall be Sold by my Executor
at public Sale and the proceeds of the Sale Shall form part of my
Estate
Item IIId I hereby devise and direct that all my real estate of which
I may due seized and now consisting of the following tracts or pieces
of Land to with the One Hundred acre farm on which I now
live and the forty acres tract of land which corners on the Same
and Joining the farm now occupied by me in Delaware Township
& Concord Township in Delaware County Ohio also the House
and Lot in the Town of Delaware in Delaware County Ohio
Also Four Hundred and Eighty acres of land in Dallas County
and State of Missouri Shall all be Sold by me Executor at
Either public or private Sale at Such price as he may deem
best on a term of credit not to exceed four years from
the time of Sale Sufficient payment to be made in cash to
Secure the whole deferred payments and deed or deeds to make
and Execute and deliver to the purchase or purchases thereof
without the order of any Court therefore the Same and as
completely and fully as I Could do my Self were living and
personally present to do the Same and the proceeds of Sale
or Sales when collected Shall form part of my estate Executor
to take notes and mortgage for deferred payments
Item IV It is my further will and desire that whereas prior
to my marriage to my present beloved wife Elizabeth H
Wells there was an antre nuptial contract entered into
between us that each Should use and enjoy their
separate property and effects which they Should be possessed
of at the time of Said marriage and that neither Should
be entitled to receive or expect from the other or from there
Estate any property or effects at either death notwithstanding
which Said agreement however as a testimony of my
appreciation of her kindness and attention to me I direct
and devise that my Said Executor Shall pay as Soon after
my death as convenient the Sum of Three Hundred dollars
which said Sum Shall be in Lieu of dower in my Said
Estate and in lieu of all her distribution Shall or
Portion of my personal property or Estate and of her years
[corresponds to labeled page 157 of Will Records Vol. 5 1869-1876]
157
Record of the Will of Henry Wells deceased
Copy of the Will
In the name of God Amen
I Henry Wells of the County of Delaware
and State of Ohio being Weak in body but of a Sound mind
and disposing mind and memory do make and publish this my
last will and testament hereby revoking all prior wills by one made
and hereby declaring this and this along to be my last will and
testament
Item Ist I hereby direct that all my Just debts and funeral
expenses be first paid out of my Estate
Item IId I hereby direct and devise that all my Personal property
which may remain unsold at my death Shall be Sold by my Executor
at public Sale and the proceeds of the Sale Shall form part of my
Estate
Item IIId I hereby devise and direct that all my real estate of which
I may due seized and now consisting of the following tracts or pieces
of Land to with the One Hundred acre farm on which I now
live and the forty acres tract of land which corners on the Same
and Joining the farm now occupied by me in Delaware Township
& Concord Township in Delaware County Ohio also the House
and Lot in the Town of Delaware in Delaware County Ohio
Also Four Hundred and Eighty acres of land in Dallas County
and State of Missouri Shall all be Sold by me Executor at
Either public or private Sale at Such price as he may deem
best on a term of credit not to exceed four years from
the time of Sale Sufficient payment to be made in cash to
Secure the whole deferred payments and deed or deeds to make
and Execute and deliver to the purchase or purchases thereof
without the order of any Court therefore the Same and as
completely and fully as I Could do my Self were living and
personally present to do the Same and the proceeds of Sale
or Sales when collected Shall form part of my estate Executor
to take notes and mortgage for deferred payments
Item IV It is my further will and desire that whereas prior
to my marriage to my present beloved wife Elizabeth H
Wells there was an antre nuptial contract entered into
between us that each Should use and enjoy their
separate property and effects which they Should be possessed
of at the time of Said marriage and that neither Should
be entitled to receive or expect from the other or from there
Estate any property or effects at either death notwithstanding
which Said agreement however as a testimony of my
appreciation of her kindness and attention to me I direct
and devise that my Said Executor Shall pay as Soon after
my death as convenient the Sum of Three Hundred dollars
which said Sum Shall be in Lieu of dower in my Said
Estate and in lieu of all her distribution Shall or
Portion of my personal property or Estate and of her years
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 191)
Description
[page 191]
[corresponds to labeled page 158 of Will Records Vol. 5 1869-1876]
158
Record of the Will of Henry Wells deceased
Support after my death but all provisions on hand at my
death I direct Shall be Given to her in addition to the above
Sum
Item V I do hereby direct and desire and bequeath unto
my three Sons Lewis Luther Wells Ellmore Wells and
Eddy Wells or Such of them as Shall Survive me without
Isue all the rest and residue of my Estate after the payment
of my debts funeral expenses and the bequests to my Said
Wife as aforesaid including the proceeds of the Sale
of my personal and real estate as aforesaid and for the
purpose of Securing to my Said children the better
enjoyment of Said property I hereby nominate and
appoint my nephew Newton A Wells in whose Judgment
and capacity - I have full confidence as their Guardian
both of the personal and property and I hereby direct that
Said Guardian as soon as he Shall receive the money
from my Executor Shall Invest the Same at interest on
first mortgage on real estate Said real Estate to be worth
not less than double the amount invested free of Structure
thereon the interest to be paid annually -- and Said Interest
to be by Said Guardian used or Such part thereof as
may be necessary to pay for there clothing board and schooling
and other necessary expenses -- but in no case is the
principal Sum to be used Except in case of absolute
necessity which necessity is to be determined by the proper
Court of Competent Jurisdiction for that purpose
Item IV I do hereby nominate and appoint John
D VanDeman to be the Executor of this my last Will and
testament hereby authorizing to compromise settle
adjust and release any Claim due me at my decease
or which I may owe thereat
In testimony whereof I have
here unto Set my name as well as Signed the the Same
at the bottom of the fourth page hereof this 22d day of
May AD 1871 Henry Wells {seal}
Signed and Sealed in our presence
by the Said Henry Wells and by Said
Henry Wells declared and published
as and for his last will and testators
in our presence & wear witnesses Signed the Same
at his request in his presence and in the presence
of each other CC Chamberlain
Wm Brown
[corresponds to labeled page 158 of Will Records Vol. 5 1869-1876]
158
Record of the Will of Henry Wells deceased
Support after my death but all provisions on hand at my
death I direct Shall be Given to her in addition to the above
Sum
Item V I do hereby direct and desire and bequeath unto
my three Sons Lewis Luther Wells Ellmore Wells and
Eddy Wells or Such of them as Shall Survive me without
Isue all the rest and residue of my Estate after the payment
of my debts funeral expenses and the bequests to my Said
Wife as aforesaid including the proceeds of the Sale
of my personal and real estate as aforesaid and for the
purpose of Securing to my Said children the better
enjoyment of Said property I hereby nominate and
appoint my nephew Newton A Wells in whose Judgment
and capacity - I have full confidence as their Guardian
both of the personal and property and I hereby direct that
Said Guardian as soon as he Shall receive the money
from my Executor Shall Invest the Same at interest on
first mortgage on real estate Said real Estate to be worth
not less than double the amount invested free of Structure
thereon the interest to be paid annually -- and Said Interest
to be by Said Guardian used or Such part thereof as
may be necessary to pay for there clothing board and schooling
and other necessary expenses -- but in no case is the
principal Sum to be used Except in case of absolute
necessity which necessity is to be determined by the proper
Court of Competent Jurisdiction for that purpose
Item IV I do hereby nominate and appoint John
D VanDeman to be the Executor of this my last Will and
testament hereby authorizing to compromise settle
adjust and release any Claim due me at my decease
or which I may owe thereat
In testimony whereof I have
here unto Set my name as well as Signed the the Same
at the bottom of the fourth page hereof this 22d day of
May AD 1871 Henry Wells {seal}
Signed and Sealed in our presence
by the Said Henry Wells and by Said
Henry Wells declared and published
as and for his last will and testators
in our presence & wear witnesses Signed the Same
at his request in his presence and in the presence
of each other CC Chamberlain
Wm Brown
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 192)
Description
[page 192]
[corresponds to labeled page 159 of Will Records Vol. 5 1869-1876]
159
Record of the Will of Henry Wells deceased
The State of Ohio Delaware County SS
In the matter of the last will and testament of Henry Wells decd
We C C Chamberlain and William Brown being duly Sworn
in open Court this 28th day of August AD 1871 depose and Say that
we were present at the execution of the last will and testament of
Henry Wells deceased hereto annexed bearing date 22d day of
May AD 1871 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 at the time of Executing the Same was of full age
and of Sound mind and memory and not under any restraint
and that they Signed the Same as Witnesses at his request and in his
presence and in the presence of each other
C.C. Chamberlain
William Brown
Sworn to and Subscribed before me in open Court this
25th day of August 1871 B.C. Waters Probate Judge
Record of the Last Will of William D Robinson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware on
the 5th day of October AD 1871
Will and Estate of William D Robinson decd
On this day the Last Will and testament of William D Robinson
deceased was presented for Probate and Record Whereupon
H.C. Andrus and John H. Jones the Subscribing Witnesses
thereto and were duly Sworn and there testimony reduced
to writing and 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 it is therefore
considered and ordered that the Said Will be admitted to
Probate and Record as duly Proved as the Said will and
testament of William D Robinson decd and at the
Same Time John Robinson the Executor named in the
will appeared and Gave Bond in the form of One
Thousand dollars with A S Robinson & A J Robinson
as his Sureties Bond accepted Letters issued etc
B.C. Waters Probate Judge
Copy of the Will
Concord Township Delaware County Ohio
August 30th 1871
I William David Robinson hereby make
my only Will for the disposal of my property at my
death both real and Personal
[corresponds to labeled page 159 of Will Records Vol. 5 1869-1876]
159
Record of the Will of Henry Wells deceased
The State of Ohio Delaware County SS
In the matter of the last will and testament of Henry Wells decd
We C C Chamberlain and William Brown being duly Sworn
in open Court this 28th day of August AD 1871 depose and Say that
we were present at the execution of the last will and testament of
Henry Wells deceased hereto annexed bearing date 22d day of
May AD 1871 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 at the time of Executing the Same was of full age
and of Sound mind and memory and not under any restraint
and that they Signed the Same as Witnesses at his request and in his
presence and in the presence of each other
C.C. Chamberlain
William Brown
Sworn to and Subscribed before me in open Court this
25th day of August 1871 B.C. Waters Probate Judge
Record of the Last Will of William D Robinson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware on
the 5th day of October AD 1871
Will and Estate of William D Robinson decd
On this day the Last Will and testament of William D Robinson
deceased was presented for Probate and Record Whereupon
H.C. Andrus and John H. Jones the Subscribing Witnesses
thereto and were duly Sworn and there testimony reduced
to writing and 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 it is therefore
considered and ordered that the Said Will be admitted to
Probate and Record as duly Proved as the Said will and
testament of William D Robinson decd and at the
Same Time John Robinson the Executor named in the
will appeared and Gave Bond in the form of One
Thousand dollars with A S Robinson & A J Robinson
as his Sureties Bond accepted Letters issued etc
B.C. Waters Probate Judge
Copy of the Will
Concord Township Delaware County Ohio
August 30th 1871
I William David Robinson hereby make
my only Will for the disposal of my property at my
death both real and Personal
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 193)
Description
[page 193]
[corresponds to labeled page 160 of Will Records Vol. 5 1869-1876]
160
Record of the Will of William Daniel Robinson deceased
I will and desire that all I possess Real estate and Personal
Shall at my death become the Property of my Wife Rebecca
Robinson to have and to hold during her life Then at
her death the Lands I now own Shall become the
property of my Son Gilbert Robinson Should my
wife Rebecca Robinson out live my Son Gilbert Robinson
or his children then in that case it is my will that
my Land Shall become the Property of my Son John
Robinson and I here place my hand and Seal
Wm Robinson
Witness H.C. Andrus
Witness John H Jones
I appoint my Brother John Roloson
to be the Executor to this Will
Wm Robinson
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of William Daniel Robinson deceased
We H.C. Andrus and John H. Jones being duly Sworn
in open Court this 5th day of October AD 1871 depose and
Say that we were present at the Execution of the last will
and testament of William D Robinson of Concord Township
Delaware County hereunto annexed bearing date 30th day
of August 1871 that we Saw Said testator Subscribe Said Will
Will and heard him publish and declare the Same to be
his last will and testament and that the 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 H.C. Andrus
John H Jones
Sworn to and Subscribed before me ^in this Probate Court
this 5th day of October AD 1871 BC Waters
{seal} Probate Judge
[corresponds to labeled page 160 of Will Records Vol. 5 1869-1876]
160
Record of the Will of William Daniel Robinson deceased
I will and desire that all I possess Real estate and Personal
Shall at my death become the Property of my Wife Rebecca
Robinson to have and to hold during her life Then at
her death the Lands I now own Shall become the
property of my Son Gilbert Robinson Should my
wife Rebecca Robinson out live my Son Gilbert Robinson
or his children then in that case it is my will that
my Land Shall become the Property of my Son John
Robinson and I here place my hand and Seal
Wm Robinson
Witness H.C. Andrus
Witness John H Jones
I appoint my Brother John Roloson
to be the Executor to this Will
Wm Robinson
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of William Daniel Robinson deceased
We H.C. Andrus and John H. Jones being duly Sworn
in open Court this 5th day of October AD 1871 depose and
Say that we were present at the Execution of the last will
and testament of William D Robinson of Concord Township
Delaware County hereunto annexed bearing date 30th day
of August 1871 that we Saw Said testator Subscribe Said Will
Will and heard him publish and declare the Same to be
his last will and testament and that the 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 H.C. Andrus
John H Jones
Sworn to and Subscribed before me ^in this Probate Court
this 5th day of October AD 1871 BC Waters
{seal} Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 194)
Description
[page 194]
[corresponds to labeled page 161 of Will Records Vol. 5 1869-1876]
161
Record of the Will of David Babcock deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in
the Court House in the Town of Delaware on the 11th day of September
AD 1871
Will and Estate of David Babcock deceased
On this day the Last Will and Testament of David Babcock deceased
of Delaware County were presented for probate and record whereupon
W.W. Davy and James Sackett the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing and
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 it is therefore considered
and ordered that the Said Will be admitted to Probate and Record as
the last Will and Testament of the Said David Babcock deceased
and at the Same time came the Said Polly Babcock & Ezra C Steward
Executor in Will Came and Gave Bond in the Sum of $2000 Dollars with James
Sackett & W W Davy or their Sureties Bond accepted Letters Issued
B.C. Waters Probate Judge
Copy of the Will of David Babcock deceased
In the name of the Benevolent Father of all I David Babcock
of Porter Township Delaware County 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 in lieu of her
dower the undivided one third of the farm on which I now reside
to with and bounded as follows on the North by land now owned by
Sturges Curtiss and the Township road on the East and Part of the South
by lands owned by Daniel Weaver down to the North line of Lands
owned by A Grinnons then ^last along the Line of Lots owned by Said
Grimmons and the heirs of "Marcus Vansickle and Said
Babcocks land to S Chambers land thence North along Chambers
East here to Land owned by Robert Allison thence East to S Curtiss
corner on South line and place of beginning Estimated to contain
one hundred and four and a half acres of Land the one undeveloped
one third of the above named tract or parcel of Land Save and Except
four and one half acres on the east Side of the highway formerly
deeded by Robert Allison and now deeded by David Babcock
to Polly Babcock
Item 2d I Give and devise to my two Sons William J Babcock and Ira
A. Babcock the residue or balance of the farm described above
containing one hundred acres two thirds of which is to be divided equal
between the two Sons above named
Item 3d I hereby Give and bequeath to my beloved wife the following
Personal Property all the Household and kitchen furniture beds
and bedding belonging to Said House and family also one Bay
mare called Snip the Lop Buggy and Harness and one Sorrell
yearling Colt two cows one four the other five years old mostly
white both cows)
[corresponds to labeled page 161 of Will Records Vol. 5 1869-1876]
161
Record of the Will of David Babcock deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in
the Court House in the Town of Delaware on the 11th day of September
AD 1871
Will and Estate of David Babcock deceased
On this day the Last Will and Testament of David Babcock deceased
of Delaware County were presented for probate and record whereupon
W.W. Davy and James Sackett the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing and
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 it is therefore considered
and ordered that the Said Will be admitted to Probate and Record as
the last Will and Testament of the Said David Babcock deceased
and at the Same time came the Said Polly Babcock & Ezra C Steward
Executor in Will Came and Gave Bond in the Sum of $2000 Dollars with James
Sackett & W W Davy or their Sureties Bond accepted Letters Issued
B.C. Waters Probate Judge
Copy of the Will of David Babcock deceased
In the name of the Benevolent Father of all I David Babcock
of Porter Township Delaware County 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 in lieu of her
dower the undivided one third of the farm on which I now reside
to with and bounded as follows on the North by land now owned by
Sturges Curtiss and the Township road on the East and Part of the South
by lands owned by Daniel Weaver down to the North line of Lands
owned by A Grinnons then ^last along the Line of Lots owned by Said
Grimmons and the heirs of "Marcus Vansickle and Said
Babcocks land to S Chambers land thence North along Chambers
East here to Land owned by Robert Allison thence East to S Curtiss
corner on South line and place of beginning Estimated to contain
one hundred and four and a half acres of Land the one undeveloped
one third of the above named tract or parcel of Land Save and Except
four and one half acres on the east Side of the highway formerly
deeded by Robert Allison and now deeded by David Babcock
to Polly Babcock
Item 2d I Give and devise to my two Sons William J Babcock and Ira
A. Babcock the residue or balance of the farm described above
containing one hundred acres two thirds of which is to be divided equal
between the two Sons above named
Item 3d I hereby Give and bequeath to my beloved wife the following
Personal Property all the Household and kitchen furniture beds
and bedding belonging to Said House and family also one Bay
mare called Snip the Lop Buggy and Harness and one Sorrell
yearling Colt two cows one four the other five years old mostly
white both cows)
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 195)
Description
[page 195]
[corresponds to labeled page 162 of Will Records Vol. 5 1869-1876]
162
Record of the Will of David Babcock decd
Item 4th I hereby desire to have all the personal property undisposed
of by this will as above and at my death remaining undisposed of
to be Sold at Public or Private Sale and all the farming tools and implements
for carrying my farm Sold and disposed of at Public or Private Sale and all
the money arising from Said Sale to be divided equal between
my wife Polly Babcock and William J Babcock
and Ira A Babcock to share and alike in the same
Item 5th I desire hereby to give to my wife all my share of the grain
and hay and my share of all Produce growing and remaining
on Said Farm at my death as per agreement between my Son
J.A. Babcock and my Self in regard to rent of farm
Item 6th and Further I have formerly made Provisions for my daughter
Charlotte Maria Allison giving her by deed all I desire or expect
to give her and further also to compensate her and her husband
Robert Allison for all the labor or Service done or performed
for me
Item 7th I hereby devise further that all my debts with and including
funeral expenses be paid out of the money arising from Sale
of Personal Property as above named before it Shall be divided
according to the Provision of this Will and further I hereby
nominate and appoint Polly Babcock my wife and Ezea
C. Stewart Executor & Executrix 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
In testimony hereof I have hereunto Set my hand and Seal
this 3d day of August AD 1871 David Babcock {seal}
Signed and acknowledged by Said David Babcock as his Last Will
and Testaments in our presents and Signed by us in his presence
August 4th 1871 Personally appeared before } T.J. Morhon
me the within named David Babcock } James Sackett
who did acknowledge that he did sign the foregoing instrument in
Presence of the above Witnesses W.W. Davy J.P.
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament of David
Babcock of Porter Township We T.J. Morhee W.W. Davy and
James Sackett being duly Sworn in open Court this 11th day of Sept
A.D. 1871 depose and Say that we were present at the Execution of the
Last Will and testament of David Babcock of Porter Township Delaware
County hereunto annexed bearing date Third day of August 1871 that
We Saw the Said testator Subscribe Said Will and heard him publish and declare
the Same to be his Last Will and testament and at the time of Executing
the Same was of full age and of Sound mind and memory and not under
any restrain and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other James Sackett
Sworn to and Subscribed before me in open } W W Davy
court this 11th day of Sept AD 1871 B.C. Waters Probate Judge
[corresponds to labeled page 162 of Will Records Vol. 5 1869-1876]
162
Record of the Will of David Babcock decd
Item 4th I hereby desire to have all the personal property undisposed
of by this will as above and at my death remaining undisposed of
to be Sold at Public or Private Sale and all the farming tools and implements
for carrying my farm Sold and disposed of at Public or Private Sale and all
the money arising from Said Sale to be divided equal between
my wife Polly Babcock and William J Babcock
and Ira A Babcock to share and alike in the same
Item 5th I desire hereby to give to my wife all my share of the grain
and hay and my share of all Produce growing and remaining
on Said Farm at my death as per agreement between my Son
J.A. Babcock and my Self in regard to rent of farm
Item 6th and Further I have formerly made Provisions for my daughter
Charlotte Maria Allison giving her by deed all I desire or expect
to give her and further also to compensate her and her husband
Robert Allison for all the labor or Service done or performed
for me
Item 7th I hereby devise further that all my debts with and including
funeral expenses be paid out of the money arising from Sale
of Personal Property as above named before it Shall be divided
according to the Provision of this Will and further I hereby
nominate and appoint Polly Babcock my wife and Ezea
C. Stewart Executor & Executrix 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
In testimony hereof I have hereunto Set my hand and Seal
this 3d day of August AD 1871 David Babcock {seal}
Signed and acknowledged by Said David Babcock as his Last Will
and Testaments in our presents and Signed by us in his presence
August 4th 1871 Personally appeared before } T.J. Morhon
me the within named David Babcock } James Sackett
who did acknowledge that he did sign the foregoing instrument in
Presence of the above Witnesses W.W. Davy J.P.
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament of David
Babcock of Porter Township We T.J. Morhee W.W. Davy and
James Sackett being duly Sworn in open Court this 11th day of Sept
A.D. 1871 depose and Say that we were present at the Execution of the
Last Will and testament of David Babcock of Porter Township Delaware
County hereunto annexed bearing date Third day of August 1871 that
We Saw the Said testator Subscribe Said Will and heard him publish and declare
the Same to be his Last Will and testament and at the time of Executing
the Same was of full age and of Sound mind and memory and not under
any restrain and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other James Sackett
Sworn to and Subscribed before me in open } W W Davy
court this 11th day of Sept AD 1871 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 196)
Description
[page 196]
[corresponds to labeled page 163 of Will Records Vol. 5 1869-1876]
163
Record of the Last Will of Miles Grady deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within & for the County of Delaware and State of Ohio at his office in the
Court House in the Town of Delaware on the 17th day of November 1871
Will and Estate of Miles Grady deceased
On this day the Last Will and testament of Miles Grady of Delaware
County deceased was presented for Probate & Record whereupon the
Reverend Joseph McPhillips John Shea & C H McClroy the Sub
-scribing witnesses thereto came and were duly Sworn and there
testimony reduced to writing and 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 it is therefore considered and ordered
that the Said will Will be admitted to Probate and record a duly
proved as the Last will and testament of Miles Grady decd
and at the Same time John Grady the Executor named in the
will came and accepted Said trust no Bonds was required
in accordance with the request of the Testator etc
B.C. Waters Probate Judge
(copy of the Will)
In the name of the Benevolent Father of all I Miles Grady being of
Sound mind memory & understanding do hereby make & Publish
this my last Will & Testament hereby revoking all former wills
made by me
My will is first that all of my Just debts funeral expenses and
the expenses of executing this my last will and testament be paid
my will is that the residue of my estate Real and Personal after
paying my Just debts funeral Expenses and the Expenses of Executing
this my last will be disposed of as follows
First that the farm upon which I now live known as the home
farm be equally divided between my children Martin Grady
Sally Ann Quinlan wife of Patrick Quinlan Annie Grady
and Mary Jane Grady and if the Said farm cannot be
Satisfactorily divided by metes and bounds then the Same be
Sold and the Proceeds thereof equally divided as above Specified Sufficient
to the legacies hereafter mentioned & bequeathed but it is my will
that my Son John Grady Shall have the Privilege of using Said farm
and buildings for two years from the first of April 1872 and if he
choose to take Said farm for two years from Said date he Shall
apply one half of the proceeds of the crops raised on side farm to the
payment of debts & expenses of repairing fences on Said farm and for the
benefit of my other children that all that is left of half of the
proceeds of Said crops after payment of the debts Shall be paid to my other
children equally and he Shall have one half of the proceeds of Said
crops for Said two years for his own benefit and use
It is my will that my interest in the farm of about 170 acres
consisting of land purchased by John Grady & myself
[corresponds to labeled page 163 of Will Records Vol. 5 1869-1876]
163
Record of the Last Will of Miles Grady deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within & for the County of Delaware and State of Ohio at his office in the
Court House in the Town of Delaware on the 17th day of November 1871
Will and Estate of Miles Grady deceased
On this day the Last Will and testament of Miles Grady of Delaware
County deceased was presented for Probate & Record whereupon the
Reverend Joseph McPhillips John Shea & C H McClroy the Sub
-scribing witnesses thereto came and were duly Sworn and there
testimony reduced to writing and 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 it is therefore considered and ordered
that the Said will Will be admitted to Probate and record a duly
proved as the Last will and testament of Miles Grady decd
and at the Same time John Grady the Executor named in the
will came and accepted Said trust no Bonds was required
in accordance with the request of the Testator etc
B.C. Waters Probate Judge
(copy of the Will)
In the name of the Benevolent Father of all I Miles Grady being of
Sound mind memory & understanding do hereby make & Publish
this my last Will & Testament hereby revoking all former wills
made by me
My will is first that all of my Just debts funeral expenses and
the expenses of executing this my last will and testament be paid
my will is that the residue of my estate Real and Personal after
paying my Just debts funeral Expenses and the Expenses of Executing
this my last will be disposed of as follows
First that the farm upon which I now live known as the home
farm be equally divided between my children Martin Grady
Sally Ann Quinlan wife of Patrick Quinlan Annie Grady
and Mary Jane Grady and if the Said farm cannot be
Satisfactorily divided by metes and bounds then the Same be
Sold and the Proceeds thereof equally divided as above Specified Sufficient
to the legacies hereafter mentioned & bequeathed but it is my will
that my Son John Grady Shall have the Privilege of using Said farm
and buildings for two years from the first of April 1872 and if he
choose to take Said farm for two years from Said date he Shall
apply one half of the proceeds of the crops raised on side farm to the
payment of debts & expenses of repairing fences on Said farm and for the
benefit of my other children that all that is left of half of the
proceeds of Said crops after payment of the debts Shall be paid to my other
children equally and he Shall have one half of the proceeds of Said
crops for Said two years for his own benefit and use
It is my will that my interest in the farm of about 170 acres
consisting of land purchased by John Grady & myself
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 197)
Description
[page 197]
[corresponds to labeled page 164 of Will Records Vol. 5 1869-1876]
164
Record of the Last Will and Testament of Miles Grady decd
from Albert Worline and John D VanDeman Shall be Sold
and the one half of the Proceeds thereof be applied to the payment
of one half balance due for Said land I own the undivided one
half of Said land and John Grady owns the other half and
all that is left of the proceeds of the proceeds of the Sale of Said
land Shall be equally divided among my four children here
-tofore named after payment of the Legacies heretofore Proved for
It is my will that my Executor hereinafter appointed payout
of the proceeds of the Sale of my Property after the payment of my
Just debts and all expenses the following legacies
To my Daughter Eliza Scott Five Hundred Dollars and to my
Son Michael Francis Grady Five Hundred Dollars and that is
all I desire either one of my above named children to receive
I have already Given to my Son John Grady a farm which
I consider to be a full Share of my Property John Nelson
holds a note against me for $500 with interest but John Grady
really owes one half of that money as one half of the money was
used for his benefit towards payment of the 170 acre farm
above Spoken of
It is my will further that is my Son John Grady will assume the
debts due for the purchase of the farm of 170 acres above Spoken of
he Shall have the privilege of taking Said farm at its ^actual costs and
it is my desire that my heirs yet claim their interest to him
in Said farm if he elects to take the Same
And I do hereby nominate and appoint my Son John Grady
my Executor of this my Last Will & testament and it is my request
that he Should not be required to Give bond
In testimony whereof I have hereunto Subscribed my name
this 29th day of October AD 1871 Miles Grady
Subscribed by Miles Grady in our
Presence who at his request and in
his presence and in the Presence of each other have hereunto Set or
names Joseph McPhillips
The State of Ohio } } John Shea
Delaware County ss } Probate Court } C H McElroy
Personally appeared in open Court Joseph M Philips John
Shea and C.H. McElroy the Subscribing witnesses to the Last will
and testament of Miles Grady deceased who being duly Sworn
according to law to speak the truth and nothing but the truth in
relation to the Execution of Said Will depose and Say that the paper
before them purporting to be the Last Will and testament of Miles
Grady now deceased is the Will of Said deceased Miles Grady
that they were present at the Execution of Said Will & at the request of the
testator Subscribe the names to the Same as witnesses in his presence & that
they Saw the Said Miles Grady deceased Sign & Seal Said Will & heard him
acknowledge the Same to be his last Will & testament that the Said Miles Grady
at the time of making signing and sealing
Said will was of legal age and of Sound
[corresponds to labeled page 164 of Will Records Vol. 5 1869-1876]
164
Record of the Last Will and Testament of Miles Grady decd
from Albert Worline and John D VanDeman Shall be Sold
and the one half of the Proceeds thereof be applied to the payment
of one half balance due for Said land I own the undivided one
half of Said land and John Grady owns the other half and
all that is left of the proceeds of the proceeds of the Sale of Said
land Shall be equally divided among my four children here
-tofore named after payment of the Legacies heretofore Proved for
It is my will that my Executor hereinafter appointed payout
of the proceeds of the Sale of my Property after the payment of my
Just debts and all expenses the following legacies
To my Daughter Eliza Scott Five Hundred Dollars and to my
Son Michael Francis Grady Five Hundred Dollars and that is
all I desire either one of my above named children to receive
I have already Given to my Son John Grady a farm which
I consider to be a full Share of my Property John Nelson
holds a note against me for $500 with interest but John Grady
really owes one half of that money as one half of the money was
used for his benefit towards payment of the 170 acre farm
above Spoken of
It is my will further that is my Son John Grady will assume the
debts due for the purchase of the farm of 170 acres above Spoken of
he Shall have the privilege of taking Said farm at its ^actual costs and
it is my desire that my heirs yet claim their interest to him
in Said farm if he elects to take the Same
And I do hereby nominate and appoint my Son John Grady
my Executor of this my Last Will & testament and it is my request
that he Should not be required to Give bond
In testimony whereof I have hereunto Subscribed my name
this 29th day of October AD 1871 Miles Grady
Subscribed by Miles Grady in our
Presence who at his request and in
his presence and in the Presence of each other have hereunto Set or
names Joseph McPhillips
The State of Ohio } } John Shea
Delaware County ss } Probate Court } C H McElroy
Personally appeared in open Court Joseph M Philips John
Shea and C.H. McElroy the Subscribing witnesses to the Last will
and testament of Miles Grady deceased who being duly Sworn
according to law to speak the truth and nothing but the truth in
relation to the Execution of Said Will depose and Say that the paper
before them purporting to be the Last Will and testament of Miles
Grady now deceased is the Will of Said deceased Miles Grady
that they were present at the Execution of Said Will & at the request of the
testator Subscribe the names to the Same as witnesses in his presence & that
they Saw the Said Miles Grady deceased Sign & Seal Said Will & heard him
acknowledge the Same to be his last Will & testament that the Said Miles Grady
at the time of making signing and sealing
Said will was of legal age and of Sound
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 198)
Description
[page 198]
[corresponds to labeled page 165 of Will Records Vol. 5 1869-1876]
165
and disposing mind and memory and under no undue restraint
whatsoever Joseph McPhilips
John Shea
C H McElroy
Sworn to and Subscribed in open Court this 17th day of November
AD 1871 B.C. Waters Probate Judge
Will and Estate of Greer McIlvain deceased
Record of the Last Will and testament of Greer McIlvain deceased
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 7th day of
December AD 1871
Will and Estate of Greer McIlvain deceased
On this day the last Will and testament of Greer McIlvain of
Delaware County deceased were presented for Probate and Record
whereupon Abner Andrus and W.O. Hanby the Subscribing witnesses
thereto and were duly Sworn 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 it is
therefore considered and ordered that the Said will be admitted to
Probate and record as duly Proved as the Last will and testament of
Greer McIlvain deceased and at the Same time came John T
McIlvain the Executor named in the Will & Gave Bond in the Sum
of Eight Thousand Dollars with John H Bale and Abner Andrus
as his Sureties Bond accepted Letters Issued etc
B.C. Waters Probate Judge
Copy of the Will
I Greer McIlvain of Orange 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 her dower the
farm on which we now reside Situate in Orange Township Delaware
County Ohio the Same Purchased of Lyman Howe and wife and
containing about one hundred acres during her natural life
and one Gray Mare about ten years old two cows one a white
heifer four years old one a white and red speckled cow about six
years old -- all the hogs wheat potatoes -- all the corn fodder and
hay necessary for her use for one year -- all the wheat now growing
and the Share that would be coming to me of the wheat now Sown
on the fifty acres purchased of Ranson Clements all the household
Goods and furniture at the time of my decease during her natural life
as aforesaid At the death of my Said wife the real Estate aforesaid
I give and devise to my Sons and daughters Samuel McIlvain and
John Franklin McIlvain and Emma McIlvain and their heirs
[corresponds to labeled page 165 of Will Records Vol. 5 1869-1876]
165
and disposing mind and memory and under no undue restraint
whatsoever Joseph McPhilips
John Shea
C H McElroy
Sworn to and Subscribed in open Court this 17th day of November
AD 1871 B.C. Waters Probate Judge
Will and Estate of Greer McIlvain deceased
Record of the Last Will and testament of Greer McIlvain deceased
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 7th day of
December AD 1871
Will and Estate of Greer McIlvain deceased
On this day the last Will and testament of Greer McIlvain of
Delaware County deceased were presented for Probate and Record
whereupon Abner Andrus and W.O. Hanby the Subscribing witnesses
thereto and were duly Sworn 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 it is
therefore considered and ordered that the Said will be admitted to
Probate and record as duly Proved as the Last will and testament of
Greer McIlvain deceased and at the Same time came John T
McIlvain the Executor named in the Will & Gave Bond in the Sum
of Eight Thousand Dollars with John H Bale and Abner Andrus
as his Sureties Bond accepted Letters Issued etc
B.C. Waters Probate Judge
Copy of the Will
I Greer McIlvain of Orange 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 her dower the
farm on which we now reside Situate in Orange Township Delaware
County Ohio the Same Purchased of Lyman Howe and wife and
containing about one hundred acres during her natural life
and one Gray Mare about ten years old two cows one a white
heifer four years old one a white and red speckled cow about six
years old -- all the hogs wheat potatoes -- all the corn fodder and
hay necessary for her use for one year -- all the wheat now growing
and the Share that would be coming to me of the wheat now Sown
on the fifty acres purchased of Ranson Clements all the household
Goods and furniture at the time of my decease during her natural life
as aforesaid At the death of my Said wife the real Estate aforesaid
I give and devise to my Sons and daughters Samuel McIlvain and
John Franklin McIlvain and Emma McIlvain and their heirs
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 199)
Description
[page 199]
[corresponds to labeled page 166 of Will Records Vol. 5 1869-1876]
166
Record of the Will of Greer McIlvain deceased
Item 2d I do hereby nominate and appoint John Franklin
McIlvain 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 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 the fifty acres purchased
of Ransom Clements and wife and all my personal or chattel
property not bequeathed to my wife and out ^of the Proceeds of the Same
to pay all my Lawful and Just debts and the remainder part of
proceeds of Said Sale of real Estate and Chattels Property or any Part
of Land fifty acres remaining unsold I do hereby Give and devise
the Same to Margaret Pace and Joseph McIlvain and their heirs
My Executor is hereby authorized and empowered to Execute
acknowledge and deliver to purchase of land Sold by him deeds
in fee Simple I desire that no appraisement - be made and
no Sale of any of any part except as directed 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
this 23d day of October in the year 1871
Greer McIlvain {seal}
Signed and acknowledge
by Said Greer McIlvain as his
Last Will and testament in
our presence and Signed by us in
his presence) Abner Andrus
W.O. Hanby
The State of Ohio }
Delaware County ss } Probate Court
Personally appeared in open Court Abner Andrus and
W.O. Hanby the Subscribing witnesses to the last Will and
testament of Greer McIlvain deceased who being duly
Sworn according to law to speak the truth the whole truth and
nothing but the truth in relation to the Execution of the Said will
depose and Say that the paper before them purporting to be the Last
Will and testament of Greer McIlvain now deceased is the
Will of Said deceased Greer McIlvain that they were present
at the Execution of Said Will at the request of the Testator Subscribed
their names to the same as witnesses in his presence and that they
Saw the Said Greer McIlvain deceased Sign and Seal Said Will
and heard him acknowledge the Same to be his last will and testament
that the Said Greer McIlvain at the time making Signing and Sealing
Said will was of Legal age and of Sound and disposing mind & memory
and not under any unlawful restraint whatsoever
Sworn to & Subscribed in open Court this } Abner Andrus
7th day of December AD 1871 B.C. Waters Probate Judge} W.O. Hanby
[corresponds to labeled page 166 of Will Records Vol. 5 1869-1876]
166
Record of the Will of Greer McIlvain deceased
Item 2d I do hereby nominate and appoint John Franklin
McIlvain 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 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 the fifty acres purchased
of Ransom Clements and wife and all my personal or chattel
property not bequeathed to my wife and out ^of the Proceeds of the Same
to pay all my Lawful and Just debts and the remainder part of
proceeds of Said Sale of real Estate and Chattels Property or any Part
of Land fifty acres remaining unsold I do hereby Give and devise
the Same to Margaret Pace and Joseph McIlvain and their heirs
My Executor is hereby authorized and empowered to Execute
acknowledge and deliver to purchase of land Sold by him deeds
in fee Simple I desire that no appraisement - be made and
no Sale of any of any part except as directed 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
this 23d day of October in the year 1871
Greer McIlvain {seal}
Signed and acknowledge
by Said Greer McIlvain as his
Last Will and testament in
our presence and Signed by us in
his presence) Abner Andrus
W.O. Hanby
The State of Ohio }
Delaware County ss } Probate Court
Personally appeared in open Court Abner Andrus and
W.O. Hanby the Subscribing witnesses to the last Will and
testament of Greer McIlvain deceased who being duly
Sworn according to law to speak the truth the whole truth and
nothing but the truth in relation to the Execution of the Said will
depose and Say that the paper before them purporting to be the Last
Will and testament of Greer McIlvain now deceased is the
Will of Said deceased Greer McIlvain that they were present
at the Execution of Said Will at the request of the Testator Subscribed
their names to the same as witnesses in his presence and that they
Saw the Said Greer McIlvain deceased Sign and Seal Said Will
and heard him acknowledge the Same to be his last will and testament
that the Said Greer McIlvain at the time making Signing and Sealing
Said will was of Legal age and of Sound and disposing mind & memory
and not under any unlawful restraint whatsoever
Sworn to & Subscribed in open Court this } Abner Andrus
7th day of December AD 1871 B.C. Waters Probate Judge} W.O. Hanby
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 200)
Description
[page 200]
[corresponds to labeled page 167 of Will Records Vol. 5 1869-1876]
167
Record of the Will of William Watkins deceased
Proceedings had before the Hon B.C. Waters Judge of Probate Court within
and for the County of Delaware and State aforesaid at his office in the Court
House in the Town of Delaware on the 13th day of December AD 1871
Will and Estate of William Watkins deceased
On this day the Last Will and testament of William Watkins deceased Late of
Delaware County were presented for Probate and Record whereupon Abraham
Lloyd and David O. Thomas the Subscribing witnesses thereto came 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 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 considered
and ordered that the Said Will be admitted to Probate and record as duly
Proved as the Last Will and testament of William Watkins deceased
and at the Same time came Mary Watkins and Thos Watkins the Executor
named in the Will and Gave Bond in the Sum of $6500.00 dollars
with Abraham Floyd and David O Thomas as his Sureties
B.C. Waters Probate Judge
Copy of Will
I William Watkins of Radnor Township Delaware County Ohio
do make and Publish this my Last Will and testament in the manor
and form following that is to say
1st It is my will that my funeral Expenses and all Just debts
be fully paid
2d I Give devise and bequeath to my beloved wife Mary all my
Property Real and Personal that I own at the time of my death
Except the old Farm containing one Hundred and Ten Acres
More or less and the In lot No 30 in the old Town of Delhi during
her lifetime and to have the whole control of it
3d I Give devise and bequeath to my following Children my Sons
David and William and my Daughters Margaret Mary Dorothy and
Sarah Jane the old Farm containing one Hundred and Ten acres
more of less equally divided between them after my death
but all my debts to be paid part by them from the Proceeds of
the Farm
4th I Give devise and bequeath to my Son Thomas the Farm I now
reside in the Town of Delhi Containing One Hundred and Thirty
acres more of less that is to include the Forty acres I have bought
from John N Cox after the death of my Wife Mary My Son Thomas
is to pay the following Sums Five Hundred Dollars to my Daughter
Dorothy in one year after the death of my wife Mary without Interest
also Four Hundred dollars in three years with Interest for two years
after the death of my wife Mary making Nine Hundred Dollars
to be paid to my Daughter Dorothy also Nine Hundred Dollars to
be paid to my Daughter Sarah Jane at the Same time as Dorothys
payments and the Same Interest also one Thousand Dollars to my
Grand Daughter that is my Son John Daughter when She becomes
of age and my Son Thomas is to pay interest on the one Thousand
[corresponds to labeled page 167 of Will Records Vol. 5 1869-1876]
167
Record of the Will of William Watkins deceased
Proceedings had before the Hon B.C. Waters Judge of Probate Court within
and for the County of Delaware and State aforesaid at his office in the Court
House in the Town of Delaware on the 13th day of December AD 1871
Will and Estate of William Watkins deceased
On this day the Last Will and testament of William Watkins deceased Late of
Delaware County were presented for Probate and Record whereupon Abraham
Lloyd and David O. Thomas the Subscribing witnesses thereto came 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 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 considered
and ordered that the Said Will be admitted to Probate and record as duly
Proved as the Last Will and testament of William Watkins deceased
and at the Same time came Mary Watkins and Thos Watkins the Executor
named in the Will and Gave Bond in the Sum of $6500.00 dollars
with Abraham Floyd and David O Thomas as his Sureties
B.C. Waters Probate Judge
Copy of Will
I William Watkins of Radnor Township Delaware County Ohio
do make and Publish this my Last Will and testament in the manor
and form following that is to say
1st It is my will that my funeral Expenses and all Just debts
be fully paid
2d I Give devise and bequeath to my beloved wife Mary all my
Property Real and Personal that I own at the time of my death
Except the old Farm containing one Hundred and Ten Acres
More or less and the In lot No 30 in the old Town of Delhi during
her lifetime and to have the whole control of it
3d I Give devise and bequeath to my following Children my Sons
David and William and my Daughters Margaret Mary Dorothy and
Sarah Jane the old Farm containing one Hundred and Ten acres
more of less equally divided between them after my death
but all my debts to be paid part by them from the Proceeds of
the Farm
4th I Give devise and bequeath to my Son Thomas the Farm I now
reside in the Town of Delhi Containing One Hundred and Thirty
acres more of less that is to include the Forty acres I have bought
from John N Cox after the death of my Wife Mary My Son Thomas
is to pay the following Sums Five Hundred Dollars to my Daughter
Dorothy in one year after the death of my wife Mary without Interest
also Four Hundred dollars in three years with Interest for two years
after the death of my wife Mary making Nine Hundred Dollars
to be paid to my Daughter Dorothy also Nine Hundred Dollars to
be paid to my Daughter Sarah Jane at the Same time as Dorothys
payments and the Same Interest also one Thousand Dollars to my
Grand Daughter that is my Son John Daughter when She becomes
of age and my Son Thomas is to pay interest on the one Thousand
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 201)
Description
[page 201]
[corresponds to labeled page 168 of Will Records Vol. 5 1869-1876]
168
Record of the Will of William Watkins deceased
Dollars to my Granddaughter at the rate of Six percent per annum
commencing in one year after the Death of my wife Mary also one
Hundred dollars to each of my Grand Children my son Davids
Son William my Daughter Marys Son William also my Sons
Williams Son William and my Son Thomas Son William My son
Thomas is to pay each of the above my Grandchildren one Hundred
dollars when each shall become of age without Interest Provided
on the condition of my Son Thomas dies leaving no children the
above described property Shall be equally divided between his
Brothers and Sisters
5th I give devise and bequeath in addition to other Legacies mentioned
in the Will to my Daughter Dorothy In Lot No 36 in the Old Town
of Delhi and the Buildings and the improvements on the Said Lot
after my death that is She is to have Possession of the premises
and Lastly I hereby constitute and appoint my wife Mary and
My Son Thomas to be Executor for this my last Will and testament
revoking and annulling all former Wills by me made and satisfying
and confirming this and no other to be my Last Will and Testament
In testimony whereof I have hereunto set my hand and Seal
this 24th day of April Ad 1871
William Watkins {seal}
Signed published and declared
by the above named William
Watkins as and for his Last Will
and testaments in presence of us
who at his request have Signed as
witnesses
David O. Thomas
Abraham Lloyd
The State of Ohio } In the matter of the Last will and testament
Delaware County ss } of William Watkins of Radnor Township decd
We Abraham Lloyd and David O Thomas being duly Sworn
in open Court this 18th day of December A D 1871 depose and Say that
We were present at the Execution of the Last Will and testament of
William Watkins of Radnor Township Delaware County hereto
annex bearing date 24th day of April A D 1871 that we Saw the
Said testator Subscribe Said William 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 David O. Thomas
Abraham Lloyd
Sworn to and Subscribed before me in the Probate Court
this 13th day of December AD 1871
B.C. Waters Probate
Judge
[corresponds to labeled page 168 of Will Records Vol. 5 1869-1876]
168
Record of the Will of William Watkins deceased
Dollars to my Granddaughter at the rate of Six percent per annum
commencing in one year after the Death of my wife Mary also one
Hundred dollars to each of my Grand Children my son Davids
Son William my Daughter Marys Son William also my Sons
Williams Son William and my Son Thomas Son William My son
Thomas is to pay each of the above my Grandchildren one Hundred
dollars when each shall become of age without Interest Provided
on the condition of my Son Thomas dies leaving no children the
above described property Shall be equally divided between his
Brothers and Sisters
5th I give devise and bequeath in addition to other Legacies mentioned
in the Will to my Daughter Dorothy In Lot No 36 in the Old Town
of Delhi and the Buildings and the improvements on the Said Lot
after my death that is She is to have Possession of the premises
and Lastly I hereby constitute and appoint my wife Mary and
My Son Thomas to be Executor for this my last Will and testament
revoking and annulling all former Wills by me made and satisfying
and confirming this and no other to be my Last Will and Testament
In testimony whereof I have hereunto set my hand and Seal
this 24th day of April Ad 1871
William Watkins {seal}
Signed published and declared
by the above named William
Watkins as and for his Last Will
and testaments in presence of us
who at his request have Signed as
witnesses
David O. Thomas
Abraham Lloyd
The State of Ohio } In the matter of the Last will and testament
Delaware County ss } of William Watkins of Radnor Township decd
We Abraham Lloyd and David O Thomas being duly Sworn
in open Court this 18th day of December A D 1871 depose and Say that
We were present at the Execution of the Last Will and testament of
William Watkins of Radnor Township Delaware County hereto
annex bearing date 24th day of April A D 1871 that we Saw the
Said testator Subscribe Said William 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 David O. Thomas
Abraham Lloyd
Sworn to and Subscribed before me in the Probate Court
this 13th day of December AD 1871
B.C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 202)
Description
[page 202]
[corresponds to labeled page 169 of Will Records Vol. 5 1869-1876]
169
Record of the Will of Benjamin M. Fairchild
Will and Estate of Benjamin M Fairchild Deceased
This day the Last Will and Testament of Benjamin M Fairchild
deceased was presented for Probate & Record whereupon John
Cook and Helen E Cook the Subscribing Witnesses thereto came
and were duly Sworn and Examined and there testimony reduced
to writing and annexed to the will and filed therewith and it appe
-aring to the Court that the Said will was duly Executed and attested
and that the Said testator Benjamin M Fairchild was at the time
of Executing the Same of full age and of Sound mind and memory
and not under any restraint It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly
proved as the Last Will and testament of the Said Benjamin
M Fairchild deceased and Be recorded as Such
B.C. Waters Probate Judge
Copy of the Will
Know all men by these Presents that I Benjamin M
Fairchild of Harlem Township Delaware County 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 Twenty Acres of Land lying West of Benjamin
Derlings farm Situated in the Part tier of Lots in Section (3)
Township & Range 16 U.S.M
2d I Give and devise to my daughter Huldah Fairchild and
my wife the farm on which we now reside Situate in the
North part of Lot 3 (3 quarter Township 3 Range 16 United States
Military containing one Hundred and fifty acres during
their natural lives and all the Stock household Goods
furniture provisions and other Goods and chattles which
may be thereon at the time of my decease during their natural
lives as aforesaid my wife however Selling so much thereof
as may be Sufficient to pay my Just debts funeral expenses
and Tombstone Either Survivor holding the farm till her
death - with the Personal property I appoint Mary Ann Fairchild
my wife executrix
3d After the decease of my Daughter Huldah Fairchild and
My Wife the Probate Judge Shall appoint an Executor who
Shall Sell at Public Sale to the highest responsible bidder
the Farm on which we now reside containing one Hundred
and fifty acres more or Less with the Personal property left
by Land Daughter and Wife and pay their Just debts and funeral
Expenses Purchase and Set Suitable Tombstones
4th I will and devise to my Son Sherman Fairchild
one Thousand dollars and to my Daughter Electa Cockerell
Eight Hundred dollars to be next Paid
5th and Lastly I will and devise that the balance left in the
Executors hands after paying expenses be equally divided between
my Daughters Sally Closson the Heirs of Clara Williams deceased
one Share Polly Williams Mahala Adams Electa Cockerell
[corresponds to labeled page 169 of Will Records Vol. 5 1869-1876]
169
Record of the Will of Benjamin M. Fairchild
Will and Estate of Benjamin M Fairchild Deceased
This day the Last Will and Testament of Benjamin M Fairchild
deceased was presented for Probate & Record whereupon John
Cook and Helen E Cook the Subscribing Witnesses thereto came
and were duly Sworn and Examined and there testimony reduced
to writing and annexed to the will and filed therewith and it appe
-aring to the Court that the Said will was duly Executed and attested
and that the Said testator Benjamin M Fairchild was at the time
of Executing the Same of full age and of Sound mind and memory
and not under any restraint It is therefore considered and ordered
that the Said Will be admitted to Probate and Record as duly
proved as the Last Will and testament of the Said Benjamin
M Fairchild deceased and Be recorded as Such
B.C. Waters Probate Judge
Copy of the Will
Know all men by these Presents that I Benjamin M
Fairchild of Harlem Township Delaware County 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 Twenty Acres of Land lying West of Benjamin
Derlings farm Situated in the Part tier of Lots in Section (3)
Township & Range 16 U.S.M
2d I Give and devise to my daughter Huldah Fairchild and
my wife the farm on which we now reside Situate in the
North part of Lot 3 (3 quarter Township 3 Range 16 United States
Military containing one Hundred and fifty acres during
their natural lives and all the Stock household Goods
furniture provisions and other Goods and chattles which
may be thereon at the time of my decease during their natural
lives as aforesaid my wife however Selling so much thereof
as may be Sufficient to pay my Just debts funeral expenses
and Tombstone Either Survivor holding the farm till her
death - with the Personal property I appoint Mary Ann Fairchild
my wife executrix
3d After the decease of my Daughter Huldah Fairchild and
My Wife the Probate Judge Shall appoint an Executor who
Shall Sell at Public Sale to the highest responsible bidder
the Farm on which we now reside containing one Hundred
and fifty acres more or Less with the Personal property left
by Land Daughter and Wife and pay their Just debts and funeral
Expenses Purchase and Set Suitable Tombstones
4th I will and devise to my Son Sherman Fairchild
one Thousand dollars and to my Daughter Electa Cockerell
Eight Hundred dollars to be next Paid
5th and Lastly I will and devise that the balance left in the
Executors hands after paying expenses be equally divided between
my Daughters Sally Closson the Heirs of Clara Williams deceased
one Share Polly Williams Mahala Adams Electa Cockerell
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 203)
Description
[page 203]
[corresponds to labeled page 170 of Will Records Vol. 5 1869-1876]
170
Record of the Will of Benjamin M Fairchild deceased
and Sherman Fairchild My Stepsons Denison Johnson Harris
Johnson Step daughter Mary Ann Horlocker and Step niece
Mary Ann Miller all to have one equal Share of Said Balance
left in Said Executors hands
In testimony whereof I hereunto Set my hand and Seal
This Second day of July one Thousand Eight Hundred and
Sixty Six Benjamin M. Fairchild {seal}
Signed and acknowledged by Said Benjamin M. Fairchild
as his last will and testament in our Presence July 2d 1866
John Cook
Helen E. Cook
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of Benjamin M Fairchild deceased
We John Cook and Helen E Cook being duly Sworn
in open court this 2d day of January Ad 1872 depose and
Say that we were present at the Execution of the last will
and testament of Benjamin M Fairchild of Harlem
Township in Delaware Co hereunto annexed bearing date
Second day of July 1866 that we Saw the Said Testator Subscribe
Said said Will and heard him publish and declare the Same to
be his last Will and testament and that the Said testator
at the time of executing the same was of full age and of Sound
mind and memory and not under 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 Cook
Helen E Cook
Sworn to and Subscribed before me in the Probate Court
the 2d day of January Ad 1872 B.C. Waters Probate Judge
Codicil To the will of B.M. Fairchild decd
Whereas I Benjamin M Fairchild on the Second day
of July 1866 made my Last Will and testament of that day and
Whereas My daughter Mahala Adams has Since died
without Issue I therefore hereby make and declare the following
to be a codicil to my ^said Just will I do hereby Give and bequeath
the portion that would by the terms of Said Last Will have
went to the Said Mahala Adams to the Persons mentioned
in said Item No 5 of Said Will Whereas my daughter
Electa Cockerell being dead leaving two heirs one boy and
one girl
I will and devise to Said children the Amount in Item
No 4 Viz Eight Hundred dollars also the Share in Item
No 5 N Being the amount willed to my daughter Ellecta
Cockerel in Said Item to be equally divided I further
direct that if Either or Both of Said children
[corresponds to labeled page 170 of Will Records Vol. 5 1869-1876]
170
Record of the Will of Benjamin M Fairchild deceased
and Sherman Fairchild My Stepsons Denison Johnson Harris
Johnson Step daughter Mary Ann Horlocker and Step niece
Mary Ann Miller all to have one equal Share of Said Balance
left in Said Executors hands
In testimony whereof I hereunto Set my hand and Seal
This Second day of July one Thousand Eight Hundred and
Sixty Six Benjamin M. Fairchild {seal}
Signed and acknowledged by Said Benjamin M. Fairchild
as his last will and testament in our Presence July 2d 1866
John Cook
Helen E. Cook
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of Benjamin M Fairchild deceased
We John Cook and Helen E Cook being duly Sworn
in open court this 2d day of January Ad 1872 depose and
Say that we were present at the Execution of the last will
and testament of Benjamin M Fairchild of Harlem
Township in Delaware Co hereunto annexed bearing date
Second day of July 1866 that we Saw the Said Testator Subscribe
Said said Will and heard him publish and declare the Same to
be his last Will and testament and that the Said testator
at the time of executing the same was of full age and of Sound
mind and memory and not under 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 Cook
Helen E Cook
Sworn to and Subscribed before me in the Probate Court
the 2d day of January Ad 1872 B.C. Waters Probate Judge
Codicil To the will of B.M. Fairchild decd
Whereas I Benjamin M Fairchild on the Second day
of July 1866 made my Last Will and testament of that day and
Whereas My daughter Mahala Adams has Since died
without Issue I therefore hereby make and declare the following
to be a codicil to my ^said Just will I do hereby Give and bequeath
the portion that would by the terms of Said Last Will have
went to the Said Mahala Adams to the Persons mentioned
in said Item No 5 of Said Will Whereas my daughter
Electa Cockerell being dead leaving two heirs one boy and
one girl
I will and devise to Said children the Amount in Item
No 4 Viz Eight Hundred dollars also the Share in Item
No 5 N Being the amount willed to my daughter Ellecta
Cockerel in Said Item to be equally divided I further
direct that if Either or Both of Said children
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 204)
Description
[page 204]
[corresponds to labeled page 171 of Will Records Vol. 5 1869-1876]
171
Record of the Will of Benjamin M Fairchild decd
are not of lawful age when my Executor Shall Settle With the Court
The Court is directed to appoint some suitable person to take
charge of said money and keep till Each are of Lawful age when
said amount Shall be paid to each with the Interest that may
accrue Except Costs
I do further Give and bequeath to my beloved wife and
Huldah for and during their natural lives according to the terms
Stipulations mentioned in my last will all my personal goods
moneys chattels and property of every description and after there
death direct that the residue that may Remain unexpended
be divided and distributed according to the terms of my Said
will
In witness whereof I have hereunto Set my hand and seal
this Eighth day August 1868 Benjamin M Fairchild {seal}
In Presence of }
John Cook }
J S Saunders }
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of Benjamin M Fairchild deceased
We John Cook and J S Saunders being duly Sworn in
open Court this 2d day of January A D 1872 depose and Say
that we were present at the execution of the codicil of the will of
Benjamin M Fairchild of Harlem Township Delaware
County hereunto annexed bearing date Eight day of August
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 at his request and in his presence and in
the Presence of Each other John Cook
J S Saunders
Sworn to and Subscribe before me in the Probate Court
this 2d day of January AD 1872
B.C. Waters Probate Judge
[corresponds to labeled page 171 of Will Records Vol. 5 1869-1876]
171
Record of the Will of Benjamin M Fairchild decd
are not of lawful age when my Executor Shall Settle With the Court
The Court is directed to appoint some suitable person to take
charge of said money and keep till Each are of Lawful age when
said amount Shall be paid to each with the Interest that may
accrue Except Costs
I do further Give and bequeath to my beloved wife and
Huldah for and during their natural lives according to the terms
Stipulations mentioned in my last will all my personal goods
moneys chattels and property of every description and after there
death direct that the residue that may Remain unexpended
be divided and distributed according to the terms of my Said
will
In witness whereof I have hereunto Set my hand and seal
this Eighth day August 1868 Benjamin M Fairchild {seal}
In Presence of }
John Cook }
J S Saunders }
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of Benjamin M Fairchild deceased
We John Cook and J S Saunders being duly Sworn in
open Court this 2d day of January A D 1872 depose and Say
that we were present at the execution of the codicil of the will of
Benjamin M Fairchild of Harlem Township Delaware
County hereunto annexed bearing date Eight day of August
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 at his request and in his presence and in
the Presence of Each other John Cook
J S Saunders
Sworn to and Subscribe before me in the Probate Court
this 2d day of January AD 1872
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 205)
Description
[page 205]
[corresponds to labeled page 172 of Will Records Vol. 5 1869-1876]
172
Record of the Last Will of Sarah Lawson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 17th day
of May 1871
Will and Estate of Sarah Lawson deceased
This day the Last will of Mrs Sarah Lawson Late of Liberty Township
in said County was presented for Probate and Record the Will dated
the 16th day of October AD 1854 and Witnessed by J R Heim L J
Rybold & John H Stendler and it appearing to the Court that they
are Living in the City of Baltimore in the State of Maryland the
Said will was copied and placed on file and the original was sent with
a commission to Henry R Dulavy at the City of Baltimore in the
State of Maryland to take and Report the testimony and Deposition
of the Said witnesses to the Said will and it appearing to the Court that
there was attached to the Said will a codicil dated May 6th 1856 and
witnessed by Stephen O Leary James Stewart and John Renecker
also residents of the City of Baltimore in the State of Maryland as
witnesses to the Said codicil whose testimony is also to be taken
by Said Commissioner and this matter is thus continued to await
return of Said commission and after wards the Said commission was
duly returned with the testimony of the Said witnesses duly reduced to
writing and attached 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 it
is therefore ordered that the Said will be admitted to Probate and
Record as duly Proved as the last will and testament of Sarah Lawson
deceased and Be Recorded as Such
B.C. Waters Probate Judge
Copy of the Will
I Sarah Lawson of the City of Baltimore in the State of Maryland being
of Sound and disposing mind and memory and understanding do make
publish and declare this Instrument of writing as and for my Last will
and testament hereby revoking and annulling all other wills by
me at any time heretofore made declaring this to be my last as follows
that is to Say
First I direct my Executor hereinafter named to pay immediately after
my decease my funeral expenses and all my Just debts --
Secondly In as much as my children the Issue of my first marriage which
was with Warner were provided for in an ample manner at the
tune of his decease by the division among them of his estate I therefore
now devise and bequeath to my two daughters Sarah Young and
Louisa Pennell the Issue of my Second Marriage which was with
Robert Lawson all my Estate of Every and Equally to be divided
between them Share and Share alike as follows I Give and
bequeath to Sarah Young one half part of whatever Sum of
money may be in his hands due and owing to me by him at the time
[corresponds to labeled page 172 of Will Records Vol. 5 1869-1876]
172
Record of the Last Will of Sarah Lawson deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court House in the Town of Delaware on the 17th day
of May 1871
Will and Estate of Sarah Lawson deceased
This day the Last will of Mrs Sarah Lawson Late of Liberty Township
in said County was presented for Probate and Record the Will dated
the 16th day of October AD 1854 and Witnessed by J R Heim L J
Rybold & John H Stendler and it appearing to the Court that they
are Living in the City of Baltimore in the State of Maryland the
Said will was copied and placed on file and the original was sent with
a commission to Henry R Dulavy at the City of Baltimore in the
State of Maryland to take and Report the testimony and Deposition
of the Said witnesses to the Said will and it appearing to the Court that
there was attached to the Said will a codicil dated May 6th 1856 and
witnessed by Stephen O Leary James Stewart and John Renecker
also residents of the City of Baltimore in the State of Maryland as
witnesses to the Said codicil whose testimony is also to be taken
by Said Commissioner and this matter is thus continued to await
return of Said commission and after wards the Said commission was
duly returned with the testimony of the Said witnesses duly reduced to
writing and attached 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 it
is therefore ordered that the Said will be admitted to Probate and
Record as duly Proved as the last will and testament of Sarah Lawson
deceased and Be Recorded as Such
B.C. Waters Probate Judge
Copy of the Will
I Sarah Lawson of the City of Baltimore in the State of Maryland being
of Sound and disposing mind and memory and understanding do make
publish and declare this Instrument of writing as and for my Last will
and testament hereby revoking and annulling all other wills by
me at any time heretofore made declaring this to be my last as follows
that is to Say
First I direct my Executor hereinafter named to pay immediately after
my decease my funeral expenses and all my Just debts --
Secondly In as much as my children the Issue of my first marriage which
was with Warner were provided for in an ample manner at the
tune of his decease by the division among them of his estate I therefore
now devise and bequeath to my two daughters Sarah Young and
Louisa Pennell the Issue of my Second Marriage which was with
Robert Lawson all my Estate of Every and Equally to be divided
between them Share and Share alike as follows I Give and
bequeath to Sarah Young one half part of whatever Sum of
money may be in his hands due and owing to me by him at the time
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 206)
Description
[page 206]
[corresponds to labeled page 173 of Will Records Vol. 5 1869-1876]
173
Record of the Last Will of Sarah Lawson deceased
of my death having heretofore deposited in his care the Sum of fifteen
Hundred Dollars of which Sum I owe him Two Hundred dollars to
hold the Said Sum So bequeathed into the Said Sarah Young for her Sole
and Separate use and benefit during her natural life without being
Subject to the control of her Said Husband or in any manner liable
for his debts contracts or engagements and at and from the time of her
decease I Give the Said half Part of Said sum So as aforesaid in the hands
of George W Young unto the children of said Sarah Young living
at her decease Share and Share alike the children of my deceased child
to take by representation the Share to which there Parent would have been
entitled if Living at the decease of Said Sarah Young
Thirdly I do Give and bequeath to George W Young the other half of the Sum
of money which may be in his hands due and owing to me by him
at the time of my decease on trust for the Sole and Separate use of
Louisa Pennell the Wife of William P. Pennell during natural life with
full Power to Said George W Young with the consent of Said Louisa Pennell
to invest the Said Sum of money in the Purchase of a Dwelling House
or any other kind of Property real or Personal So that the Said Louisa
Pennell may have and use the income and profit thereof for the
term of her natural life without being in any manner liable
for the debts contracts or engagements of the said Husband or Sublet
to his control and at and from the time of the decease of Said
Louisa Pennell I do Give and bequeath the Said half Part
of Said Sum So as aforesaid in the hands of George W Young
unto the children of said Louisa Pennell living at her decease
equally to be divided between them Share and Share alike.
the children of any deceased child to take by representation
the Share to which their Parent would have been entitled if
Living at the time of the decease of Said Louisa Pennell the title
to any Property which may be purchased with Said money
as aforesaid to be vested in Said George W Young in trust
for the use aforesaid during the Life of Louisa Pennell
and at Her death to be divided as aforesaid among her Said
children
And Lastly I do hereby constitute and appoint George W Young
the Sole Executor of this my Last Will and testament In witness
whereof I have hereunto Subscribed my name and affixed
my Seal on this the Sixteenth day of October in the year Eighteen
hundred and fifty four. her
Sarah x Lawson {seal}
mark
Signed Sealed and declared by Sarah Lawson the above named
Testator to be her Last Will and testament in our presence who at
her request in her presence and in the presence of each other have
hereunto Subscribed our names as witnesses thereto
J. B. Hand
John H Slendle T B Rhozboloz
[corresponds to labeled page 173 of Will Records Vol. 5 1869-1876]
173
Record of the Last Will of Sarah Lawson deceased
of my death having heretofore deposited in his care the Sum of fifteen
Hundred Dollars of which Sum I owe him Two Hundred dollars to
hold the Said Sum So bequeathed into the Said Sarah Young for her Sole
and Separate use and benefit during her natural life without being
Subject to the control of her Said Husband or in any manner liable
for his debts contracts or engagements and at and from the time of her
decease I Give the Said half Part of Said sum So as aforesaid in the hands
of George W Young unto the children of said Sarah Young living
at her decease Share and Share alike the children of my deceased child
to take by representation the Share to which there Parent would have been
entitled if Living at the decease of Said Sarah Young
Thirdly I do Give and bequeath to George W Young the other half of the Sum
of money which may be in his hands due and owing to me by him
at the time of my decease on trust for the Sole and Separate use of
Louisa Pennell the Wife of William P. Pennell during natural life with
full Power to Said George W Young with the consent of Said Louisa Pennell
to invest the Said Sum of money in the Purchase of a Dwelling House
or any other kind of Property real or Personal So that the Said Louisa
Pennell may have and use the income and profit thereof for the
term of her natural life without being in any manner liable
for the debts contracts or engagements of the said Husband or Sublet
to his control and at and from the time of the decease of Said
Louisa Pennell I do Give and bequeath the Said half Part
of Said Sum So as aforesaid in the hands of George W Young
unto the children of said Louisa Pennell living at her decease
equally to be divided between them Share and Share alike.
the children of any deceased child to take by representation
the Share to which their Parent would have been entitled if
Living at the time of the decease of Said Louisa Pennell the title
to any Property which may be purchased with Said money
as aforesaid to be vested in Said George W Young in trust
for the use aforesaid during the Life of Louisa Pennell
and at Her death to be divided as aforesaid among her Said
children
And Lastly I do hereby constitute and appoint George W Young
the Sole Executor of this my Last Will and testament In witness
whereof I have hereunto Subscribed my name and affixed
my Seal on this the Sixteenth day of October in the year Eighteen
hundred and fifty four. her
Sarah x Lawson {seal}
mark
Signed Sealed and declared by Sarah Lawson the above named
Testator to be her Last Will and testament in our presence who at
her request in her presence and in the presence of each other have
hereunto Subscribed our names as witnesses thereto
J. B. Hand
John H Slendle T B Rhozboloz
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 207)
Description
[page 207]
[corresponds to labeled page 174 of Will Records Vol. 5 1869-1876]
174
Record of the Will of Sarah Lawson deceased
Codicil to the Will
I Sarah Lawson of the City of Baltimore in the State of
Maryland being of Sound and disposing mind and
memory and understanding do make and publish this
Codicil to my Last Will and testament dated the Sixteenth
day of October 1854 to which it is annexed in manner and
form following - Whereas Since the Execution of my Last
Will & testament aforesaid I have purchased Twenty acres of
Land Situate in Delaware County in the State of Ohio with part
of the money mentioned and bequeathed in my will and have
received a Deed therefor ^upon which Parcel of Land My daughter Louisa
Pennell now resides and it is my wish and request that my
Executor heretofore named in my will shall have the right and
Power to Sell and dispose of the Said parcel of Land So Purchased
as aforementioned from the Said Lyman Andrews in case he
Shall deem it necessary or proper to do So in Settling and distrib-
uting My Estate for the purpose and in the manner directed
in my Said Will therefore I do authorize and Empower my
Said Executor to Sell the Said parcel of Land before mentioned
Either at public or private Sale as he may think most desira
-ble and upon Such terms as he may deem best and most
advantageous and dispose of and Invest the proceeds of Such
Sale with Such other amounts of money may be in his land
Possession belonging to me at the time of my decease in the
manner and for the purpose and uses directed in my Said
Will
In witness whereof I do hereunto Subscribe my name and affix
my Seal on this Sixth day of May in the year Eighteen Hundred
and fifty Six her
Sarah x Lawson {seal}
mark
Signed Sealed published and declared by Sarah Lawson the
above named Testator to be a codicil to her Last Will and
testaments in our presence who at her request in her presence
and in the presence of each other have hereunto Subscribed
our names as witnesses thereto Stephen Oleary
James Stewart
John F Renicker
Commission to take Testimony of Witnesses to will
The State of Ohio } To Henry R Dulavy Greeting
Delaware County ss } Know ye that we in confidence of your
prudence and fidelity have appointed you and by these
presents do Give you full Power and authority to examine
and take the deposition of J B Heim L J Rayboltz John
H Standish witnesses to the will and Stephen O Leary James
Stewart and John T Renicker as witnesses to the codicil
subscribing witnesses to the Last Will and testament of
Sarah Lawson and codicil thereto hereunto annexed
[corresponds to labeled page 174 of Will Records Vol. 5 1869-1876]
174
Record of the Will of Sarah Lawson deceased
Codicil to the Will
I Sarah Lawson of the City of Baltimore in the State of
Maryland being of Sound and disposing mind and
memory and understanding do make and publish this
Codicil to my Last Will and testament dated the Sixteenth
day of October 1854 to which it is annexed in manner and
form following - Whereas Since the Execution of my Last
Will & testament aforesaid I have purchased Twenty acres of
Land Situate in Delaware County in the State of Ohio with part
of the money mentioned and bequeathed in my will and have
received a Deed therefor ^upon which Parcel of Land My daughter Louisa
Pennell now resides and it is my wish and request that my
Executor heretofore named in my will shall have the right and
Power to Sell and dispose of the Said parcel of Land So Purchased
as aforementioned from the Said Lyman Andrews in case he
Shall deem it necessary or proper to do So in Settling and distrib-
uting My Estate for the purpose and in the manner directed
in my Said Will therefore I do authorize and Empower my
Said Executor to Sell the Said parcel of Land before mentioned
Either at public or private Sale as he may think most desira
-ble and upon Such terms as he may deem best and most
advantageous and dispose of and Invest the proceeds of Such
Sale with Such other amounts of money may be in his land
Possession belonging to me at the time of my decease in the
manner and for the purpose and uses directed in my Said
Will
In witness whereof I do hereunto Subscribe my name and affix
my Seal on this Sixth day of May in the year Eighteen Hundred
and fifty Six her
Sarah x Lawson {seal}
mark
Signed Sealed published and declared by Sarah Lawson the
above named Testator to be a codicil to her Last Will and
testaments in our presence who at her request in her presence
and in the presence of each other have hereunto Subscribed
our names as witnesses thereto Stephen Oleary
James Stewart
John F Renicker
Commission to take Testimony of Witnesses to will
The State of Ohio } To Henry R Dulavy Greeting
Delaware County ss } Know ye that we in confidence of your
prudence and fidelity have appointed you and by these
presents do Give you full Power and authority to examine
and take the deposition of J B Heim L J Rayboltz John
H Standish witnesses to the will and Stephen O Leary James
Stewart and John T Renicker as witnesses to the codicil
subscribing witnesses to the Last Will and testament of
Sarah Lawson and codicil thereto hereunto annexed
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 208)
Description
[page 208]
[corresponds to labeled page 175 of Will Records Vol. 5 1869-1876]
175
Record of the Will of Sarah Lawson deceased:
Late of the County of Delaware in the State of Ohio deceased And therefore
we command command you that on certain days and places appointed by
you you cause the Said JB Heim LJ Raybold John H Standish witnesses
witnesses to the Will & Stephen OLeary James Stewart and John F Renkes
witnesses to the codicil to be brought before you and then and there
to examine them on oath or affirmation Just taken before you touch
ing the due Execution of Said will of Said Sarah Lawson and the
Codicil and reduce Such Examination to writing and return the
Same together with the commission and the will of said Sarah Lawson
and codicil thereto annexed closed in under your Seal unto Said
Probate Court with all Speed In testimony whereof I
BC Waters Judge of Said Court at Delaware this 17th day of May
AD 1871 BC Waters Probate Judge
{seal}
In the matter of the Last will and testament and codicil thereto of
Sarah Lawson deceased I Henry R Dulany Commissioner for
Ohio in Maryland at Baltimore duly appointed and comm
issioned by the Judge of the Probate Court of the County of Delaware
in the State of Ohio to take the testimony of JB Heim TJ
Raybold and John H Stewart witnesses to the Will and Stephen
OLeary James Stewart and John F Reniker witnesses to
the Codicil of Sarah Lawson deceased Late a resident of Said
County of Delaware in the State of Ohio which commission and
the Said will and Codicil Marked "A" & "B" on Parts annexed do
herby certify that in pursuance of Said commission I caused
on the twenty eighth day of June A D 1871 Anna C Heim and
Clarra A Raybold widows of the Said JB Heim & TJ Raybold
deceased and the Said John T Renecker and Stephen OLeary
on the 25th day of July 1871 to come personally before me at my
office No 36.56 Paul Street Baltimore Maryland who being by
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 and codicil depose and Say to wit the Said Mrs Anna C Heim
and Clarra A Raybold depose and Say that they have carefully Examined
the Signatures of JB Heim and TJ Raybold attached to Said
will and recognize the Same be be in the hand writing of there
former Husbands of JB Heim and TJ Raybold both of whom
are now deceased and they further depose and Say that they are
well acquainted with the hand writing of there respective Husband
and in Giving the Said testimony Speak from there Personal
Knowledge thereof and also they each testify that they heard
their respective Husband refer to the Said Will and State that
they had Signed the Same as witnesses and that the Said TJ
Raybold died in April last part JB Heim on the 26th day of
January 1870 Anna C. Hunn
Clarra A. Raybold
[corresponds to labeled page 175 of Will Records Vol. 5 1869-1876]
175
Record of the Will of Sarah Lawson deceased:
Late of the County of Delaware in the State of Ohio deceased And therefore
we command command you that on certain days and places appointed by
you you cause the Said JB Heim LJ Raybold John H Standish witnesses
witnesses to the Will & Stephen OLeary James Stewart and John F Renkes
witnesses to the codicil to be brought before you and then and there
to examine them on oath or affirmation Just taken before you touch
ing the due Execution of Said will of Said Sarah Lawson and the
Codicil and reduce Such Examination to writing and return the
Same together with the commission and the will of said Sarah Lawson
and codicil thereto annexed closed in under your Seal unto Said
Probate Court with all Speed In testimony whereof I
BC Waters Judge of Said Court at Delaware this 17th day of May
AD 1871 BC Waters Probate Judge
{seal}
In the matter of the Last will and testament and codicil thereto of
Sarah Lawson deceased I Henry R Dulany Commissioner for
Ohio in Maryland at Baltimore duly appointed and comm
issioned by the Judge of the Probate Court of the County of Delaware
in the State of Ohio to take the testimony of JB Heim TJ
Raybold and John H Stewart witnesses to the Will and Stephen
OLeary James Stewart and John F Reniker witnesses to
the Codicil of Sarah Lawson deceased Late a resident of Said
County of Delaware in the State of Ohio which commission and
the Said will and Codicil Marked "A" & "B" on Parts annexed do
herby certify that in pursuance of Said commission I caused
on the twenty eighth day of June A D 1871 Anna C Heim and
Clarra A Raybold widows of the Said JB Heim & TJ Raybold
deceased and the Said John T Renecker and Stephen OLeary
on the 25th day of July 1871 to come personally before me at my
office No 36.56 Paul Street Baltimore Maryland who being by
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 and codicil depose and Say to wit the Said Mrs Anna C Heim
and Clarra A Raybold depose and Say that they have carefully Examined
the Signatures of JB Heim and TJ Raybold attached to Said
will and recognize the Same be be in the hand writing of there
former Husbands of JB Heim and TJ Raybold both of whom
are now deceased and they further depose and Say that they are
well acquainted with the hand writing of there respective Husband
and in Giving the Said testimony Speak from there Personal
Knowledge thereof and also they each testify that they heard
their respective Husband refer to the Said Will and State that
they had Signed the Same as witnesses and that the Said TJ
Raybold died in April last part JB Heim on the 26th day of
January 1870 Anna C. Hunn
Clarra A. Raybold
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 209)
Description
[page 209]
[corresponds to labeled page 176 of Will Records Vol. 5 [1869-1876]
176
Record of the Will of Sarah Lawson deceased
And the Said John T Renicken deposes and Says that he was present
at the making of Said Codicil hereto attached marked B and at
and at the request of the deceased Subscribed his name to Said
Codicil as witness in the presence of the deceased and of James
Stewart and Stephen O'Leary the other witnesses that he
Saw the Said Sarah Lawson Sign and Seal Said Codicil
and heard her acknowledge the Same to be her codicil
of full age and of Sound mind and memory and not under
any undue or unlawful restraint whatsoever and that
he knows nothing about the witness James Stewart
John F Renicker
And the Said Stephen O'Leary deposes and Says that he
was present at the making of Said Codicil hereto attached
marked 'B' and at the request of the deceased Subscribed his
name as a witness to said will in the presence of the deceased
and of the other witnesses thereto that he Saw the Said Sarah
Lawson deceased Sign and Seal Said Codicil and heard her
acknowledge the Same to be a codicil to her Last will and
testament that the Said Sarah Lawson deceased was at the
time of making Signing and Sealing Said Codicil of Legal
age and of Sound mind and memory and not under
a unlawful restraint whatsoever
Stephen O'Leary
I Harry R Dulaney do further Certify that the Said Stephen
O'Leary not being in attendance on the 28 day of June 1871
a further day was by me appointed to take his deposition
and a Summons duly placed in the hands of the proper
officer to compel his attendance thereon but he failing
to appear was again Summoned to come before me the
25th day of July 1871 at which last mentioned time he
personally appeared and reduced his testimony as above
Stated. And I do further testify that all of the Said
testimony was reduced to writing by my Self in the
presence of Said witnesses respectively and Subscribed
by Said witnesses in my presence on the 28th day of June
July 1871 at my office No 36 St Paul Street in the City
of Baltimore in the State of Maryland In testimony
whereof I have hereunto Seal my hand and affixed my
official Seal the twenty fifty day of July Ad 1871
Harry R Dulavy
Commissioner for Ohio in Maryland at
{seal} Baltimore
[corresponds to labeled page 176 of Will Records Vol. 5 [1869-1876]
176
Record of the Will of Sarah Lawson deceased
And the Said John T Renicken deposes and Says that he was present
at the making of Said Codicil hereto attached marked B and at
and at the request of the deceased Subscribed his name to Said
Codicil as witness in the presence of the deceased and of James
Stewart and Stephen O'Leary the other witnesses that he
Saw the Said Sarah Lawson Sign and Seal Said Codicil
and heard her acknowledge the Same to be her codicil
of full age and of Sound mind and memory and not under
any undue or unlawful restraint whatsoever and that
he knows nothing about the witness James Stewart
John F Renicker
And the Said Stephen O'Leary deposes and Says that he
was present at the making of Said Codicil hereto attached
marked 'B' and at the request of the deceased Subscribed his
name as a witness to said will in the presence of the deceased
and of the other witnesses thereto that he Saw the Said Sarah
Lawson deceased Sign and Seal Said Codicil and heard her
acknowledge the Same to be a codicil to her Last will and
testament that the Said Sarah Lawson deceased was at the
time of making Signing and Sealing Said Codicil of Legal
age and of Sound mind and memory and not under
a unlawful restraint whatsoever
Stephen O'Leary
I Harry R Dulaney do further Certify that the Said Stephen
O'Leary not being in attendance on the 28 day of June 1871
a further day was by me appointed to take his deposition
and a Summons duly placed in the hands of the proper
officer to compel his attendance thereon but he failing
to appear was again Summoned to come before me the
25th day of July 1871 at which last mentioned time he
personally appeared and reduced his testimony as above
Stated. And I do further testify that all of the Said
testimony was reduced to writing by my Self in the
presence of Said witnesses respectively and Subscribed
by Said witnesses in my presence on the 28th day of June
July 1871 at my office No 36 St Paul Street in the City
of Baltimore in the State of Maryland In testimony
whereof I have hereunto Seal my hand and affixed my
official Seal the twenty fifty day of July Ad 1871
Harry R Dulavy
Commissioner for Ohio in Maryland at
{seal} Baltimore
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 210)
Description
[page 210]
[corresponds to labeled page 177 of Will Records Vol. 5 [1869-1876]
177
Record of the Will of James Kent deceased
Proceedings had before the Honorable B.C. Waters Judge of the Probate Court
with in and for the County of Delaware and State of Ohio at his office in
the Court House in the Town of Delaware on the 22d day of January 1872
Will and Estate of James Kent deceased
On this day the Last Will and testament of James Kent of Delaware
County deceased were presented for Probate and Record whereupon
Pierson P. Slack John M. Williams Annis Williams the Subscribing
witnesses thereto came and were duly Sworn and Examined and there
testimony reduced to writing and annexed to the will and filed there
-with and it appearing to the Court that the Said Will was 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 considered and ordered that the Said will
be admitted to Probate and Record as duly Proved as the last will and
testament of James Kent deceased and at the Same time came the
Said Pierson P Slack and Gorge Hall the Executors named in the will
and Gave Bond in the Sum of $2900.40 with John M Williams
& W S Andrews as their Surety Bond accepted and letter Issued
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I James Kent of
the County of Delaware and State of Ohio do make and
Publish and Publish this my Last Will and testament
Item 1st I Give and bequeath to George hall of Delaware
Co Ohio all my property and effects in trust for the use
of my Beloved wife during her natural life I desire that
Said George Hall Shall collect the amount that may be due
me to pay all my Just debts including my Last Sickness and
funeral expenses After which Said remaining money to be
placed on interest for the Benefit of my wife and children
Item 2d I desire that Said Hall Shall pay to my beloved
wife for her Support the Sum of One Hundred and fifty dollars
annually So long as She may Live
item 3d I desire that Said Hall pay to my daughter Malinda
Standish for her benefit exclusively the Sum of thirty dollars
annually
Item 4th at the death of my Said wife I desire
that all necessary expenses be paid and the remainder of my
property divided equally between all my children towit
Shiveral Kent Pleasant Kent Elmore Kent and Malinda
Standish
Item 5th I do hereby nominate and appoint
Pierson P. Slack and George Hall Executors of this My last
will In testimony thereunto Set my hand and Seal this
8th day of January A.D. 1872 his
James x Kent
mark
Signed and acknowledged by Said James Kent as
[corresponds to labeled page 177 of Will Records Vol. 5 [1869-1876]
177
Record of the Will of James Kent deceased
Proceedings had before the Honorable B.C. Waters Judge of the Probate Court
with in and for the County of Delaware and State of Ohio at his office in
the Court House in the Town of Delaware on the 22d day of January 1872
Will and Estate of James Kent deceased
On this day the Last Will and testament of James Kent of Delaware
County deceased were presented for Probate and Record whereupon
Pierson P. Slack John M. Williams Annis Williams the Subscribing
witnesses thereto came and were duly Sworn and Examined and there
testimony reduced to writing and annexed to the will and filed there
-with and it appearing to the Court that the Said Will was 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 considered and ordered that the Said will
be admitted to Probate and Record as duly Proved as the last will and
testament of James Kent deceased and at the Same time came the
Said Pierson P Slack and Gorge Hall the Executors named in the will
and Gave Bond in the Sum of $2900.40 with John M Williams
& W S Andrews as their Surety Bond accepted and letter Issued
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I James Kent of
the County of Delaware and State of Ohio do make and
Publish and Publish this my Last Will and testament
Item 1st I Give and bequeath to George hall of Delaware
Co Ohio all my property and effects in trust for the use
of my Beloved wife during her natural life I desire that
Said George Hall Shall collect the amount that may be due
me to pay all my Just debts including my Last Sickness and
funeral expenses After which Said remaining money to be
placed on interest for the Benefit of my wife and children
Item 2d I desire that Said Hall Shall pay to my beloved
wife for her Support the Sum of One Hundred and fifty dollars
annually So long as She may Live
item 3d I desire that Said Hall pay to my daughter Malinda
Standish for her benefit exclusively the Sum of thirty dollars
annually
Item 4th at the death of my Said wife I desire
that all necessary expenses be paid and the remainder of my
property divided equally between all my children towit
Shiveral Kent Pleasant Kent Elmore Kent and Malinda
Standish
Item 5th I do hereby nominate and appoint
Pierson P. Slack and George Hall Executors of this My last
will In testimony thereunto Set my hand and Seal this
8th day of January A.D. 1872 his
James x Kent
mark
Signed and acknowledged by Said James Kent as
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 211)
Description
[page 211]
[corresponds to labeled page 178 of Will Records Vol. 5 [1869-1876]
178
Record of the Last Will and testament of James Kent decd
his last will and testament in our Presence and signed by us in
his presence Dated this 8th day of January 1872
Pierson P Slack
John M Williams
Annis Williams
The State of Ohio } In the matter of the Last will and testament
Delaware County ss } of James Kent of Liberty Township deceased
We Pierson P Slack John M Williams and Annis Williams
Being duly Sworn in open Court this 22d day of January
A.D. 1872 depose and Say that we were present at the Execution
of the last will and testament of James Kent of Liberty T.P.
Delaware County hereunto annexed bearing date 8th day of Jan
A.D. 1872 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 Execu
-ting the Same was of full age and of Sound mind and Memory
and not under any restraint and that we Signed the Same
as witnesses at his request and in his presence and in the
presence of each other Pierson P Slack
John M Williams
Annis Williams
Sworn to and Subscribed before me in the Probate Court
this 22d day of January AD 1872 B.C. Waters Probate Judge
Record of the Last Will and testament of John Thompson
Proceedings had before the Hon B C Waters Judge of the Court
of Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town of
Delaware on the 8th day of February AD 1872 B C Waters Pro Judge
Will and Estate of John Thompson deceased
On this day the last will and testament of John Thompson
of Delaware County deceased were presented for Probate and
record whereupon D.W. Rhodes and C.H. McElroy the sub
-scribing witnesses thereto were duly Sworn and there testi
-mony reduced to writing and 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 it is therefore consid
-ered and ordered that the Said will be admitted to Probate
and Record as duly Proved as the Last Will and testament
of the Said John Thompson deceased and be recorded
as Such B.C. Waters
Probate Judge
[corresponds to labeled page 178 of Will Records Vol. 5 [1869-1876]
178
Record of the Last Will and testament of James Kent decd
his last will and testament in our Presence and signed by us in
his presence Dated this 8th day of January 1872
Pierson P Slack
John M Williams
Annis Williams
The State of Ohio } In the matter of the Last will and testament
Delaware County ss } of James Kent of Liberty Township deceased
We Pierson P Slack John M Williams and Annis Williams
Being duly Sworn in open Court this 22d day of January
A.D. 1872 depose and Say that we were present at the Execution
of the last will and testament of James Kent of Liberty T.P.
Delaware County hereunto annexed bearing date 8th day of Jan
A.D. 1872 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 Execu
-ting the Same was of full age and of Sound mind and Memory
and not under any restraint and that we Signed the Same
as witnesses at his request and in his presence and in the
presence of each other Pierson P Slack
John M Williams
Annis Williams
Sworn to and Subscribed before me in the Probate Court
this 22d day of January AD 1872 B.C. Waters Probate Judge
Record of the Last Will and testament of John Thompson
Proceedings had before the Hon B C Waters Judge of the Court
of Probate Court within and for the County of Delaware and
State of Ohio at his office in the Court House in the Town of
Delaware on the 8th day of February AD 1872 B C Waters Pro Judge
Will and Estate of John Thompson deceased
On this day the last will and testament of John Thompson
of Delaware County deceased were presented for Probate and
record whereupon D.W. Rhodes and C.H. McElroy the sub
-scribing witnesses thereto were duly Sworn and there testi
-mony reduced to writing and 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 it is therefore consid
-ered and ordered that the Said will be admitted to Probate
and Record as duly Proved as the Last Will and testament
of the Said John Thompson deceased and be recorded
as Such B.C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 212)
Description
[page 212]
[Corresponds to labeled page 179 of Will Records Vol. 5 [1869-1876]
179
Record of the Last Will and testament of John Thompson deceased
Copy of the Will
I John Thompson of Delaware County of Delaware Ohio being of full
age and of Sound mind and memory do make and publish & declare this
to be my Last will & testament hereby revoking all former last wills &
testament and writings the nature of Last will and & testament by me
heretofore made
My will is Just that my funeral charges & Just debts Shall be paid by
my executor hereinafter named
I Give devise & bequeath all the rest and residue of my Estate real and
personal after the payment of my Just debts funeral charges & Expenses
of Execution of this my last will & testament to my Daughter Nancy
Ann Crawford wife of John Crawford of Hancock County Ohio
Hannah Fickle wife of Benjamin Fickle of Wyandott County Ohio
to be divided equally between my Said daughters and if either one of
my Said Daughters Should be deceased then it is my will that the Share
and amount going to Said daughter or daughters who may be deceased
Shall go to the children of Said Daughter or Daughters and Should
Either one of my Said daughters above named die without leaving
children then & in that case it is my will that the Share & amount
devised to her Shall be equally divided between may Surviving
Daughters Should both of the others survive & if but one of them Should
Survive then the amount So devised & bequeathed to the Said Daughter
deceased leaving no Surviving child Shall be equally divided between
the Daughter Surviving and the children of the Daughters deceased
& leaving children Surviving her and Should all three of my
daughters heretofore named be deceased then it is my will that
my Estate Subject to distribution Shall be divided equally among
my Grand children who are the children of my Said named
daughters And I do nominate and appoint John Crawford
of Hancock County Ohio to be the Sole Executor of this my last
will & testament In testimony whereof I the Said John
Thompson have hereto Subscribed my name and affixed
my Seal this 14th day of August AD 1871) John Thompson {seal}
Signed & sealed by the Said John Thompson to be his
Said 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
The State of Ohio Delaware County ss } { D.W. Rhodes
In the matter of the last will and testament of John { C.H. McElroy
Thompson deceased We D W Rhodes and C H McElroy being duly Sworn in open
court this 8th day of February AD 1872 depose and Say that we were present at the Execution
of the last will and testament of John Thompson formerly of Delaware Ohio hereto
bearing date the 14th day of August 1871 that we Saw the Said testator Subscribe Said will
and heard him publish and declare the 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 in his presence & in the presence
of each other } Sworn to & subscribed before me with Probate Court } D.W. Rhodes
this 8th day of February A D 1872 B.C. Waters Probate Judge } C.H. McElroy
{seal}
[Corresponds to labeled page 179 of Will Records Vol. 5 [1869-1876]
179
Record of the Last Will and testament of John Thompson deceased
Copy of the Will
I John Thompson of Delaware County of Delaware Ohio being of full
age and of Sound mind and memory do make and publish & declare this
to be my Last will & testament hereby revoking all former last wills &
testament and writings the nature of Last will and & testament by me
heretofore made
My will is Just that my funeral charges & Just debts Shall be paid by
my executor hereinafter named
I Give devise & bequeath all the rest and residue of my Estate real and
personal after the payment of my Just debts funeral charges & Expenses
of Execution of this my last will & testament to my Daughter Nancy
Ann Crawford wife of John Crawford of Hancock County Ohio
Hannah Fickle wife of Benjamin Fickle of Wyandott County Ohio
to be divided equally between my Said daughters and if either one of
my Said Daughters Should be deceased then it is my will that the Share
and amount going to Said daughter or daughters who may be deceased
Shall go to the children of Said Daughter or Daughters and Should
Either one of my Said daughters above named die without leaving
children then & in that case it is my will that the Share & amount
devised to her Shall be equally divided between may Surviving
Daughters Should both of the others survive & if but one of them Should
Survive then the amount So devised & bequeathed to the Said Daughter
deceased leaving no Surviving child Shall be equally divided between
the Daughter Surviving and the children of the Daughters deceased
& leaving children Surviving her and Should all three of my
daughters heretofore named be deceased then it is my will that
my Estate Subject to distribution Shall be divided equally among
my Grand children who are the children of my Said named
daughters And I do nominate and appoint John Crawford
of Hancock County Ohio to be the Sole Executor of this my last
will & testament In testimony whereof I the Said John
Thompson have hereto Subscribed my name and affixed
my Seal this 14th day of August AD 1871) John Thompson {seal}
Signed & sealed by the Said John Thompson to be his
Said 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
The State of Ohio Delaware County ss } { D.W. Rhodes
In the matter of the last will and testament of John { C.H. McElroy
Thompson deceased We D W Rhodes and C H McElroy being duly Sworn in open
court this 8th day of February AD 1872 depose and Say that we were present at the Execution
of the last will and testament of John Thompson formerly of Delaware Ohio hereto
bearing date the 14th day of August 1871 that we Saw the Said testator Subscribe Said will
and heard him publish and declare the 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 in his presence & in the presence
of each other } Sworn to & subscribed before me with Probate Court } D.W. Rhodes
this 8th day of February A D 1872 B.C. Waters Probate Judge } C.H. McElroy
{seal}
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 213)
Description
[page 213]
[corresponds to labeled page 180 of Will Records Vol. 5 [1869-1876]
180
Record of the Last Will & testament of Barnabus Patterson
Proceedings had before the Honorable B.C. Waters Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 10th day of February AD 1872 B.C. Waters Probate Judge
Will and Estate of Barnabus Patterson deceased
On this day the last will and testament of Barnabus Patterson
of Delaware County deceased were presented for Probate and
Record whereupon P A Willis and Richard Plunket the Subscribing
witnesses thereto came and were duly Sworn and their testimony
reduced to writing annexed to the Will and pled 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 of sound mind and
memory and not under any restraint it is therefore
considered and ordered that the Said be admitted to Probate and
record as duly Proved as the last will and testament of the
Said Barnabus Patterson and be recorded as Such and at the
Same came P A Willis the Executor named in the will
and gave Bond in the Sum of $1600 with Walter T. Watson
C D Potter as his surety B.C. Waters Probate Judge
Copy of the Will
In the name of God Amen I Barnabus Patterson of the
Township of Concord County of Delaware and State of Ohio being
of Sound mind and memory do make publish and declare this
my last will and testament
Item 1st I Give devise and bequeath to my beloved wife Malinda
Patterson in lieu of her dower the farm on which we now
reside Situate in Concord Township Delaware Co Ohio containing
about Sixty three acres during her natural life and all the Stock
household Goods furnature provision and other goods and chattles
which may be thereon at the time of my decease after all debts
and claims against my Estate are adjusted during her natural
life as aforesaid
Item 2nd At the decease of my aforesaid wife Melinda Patterson
I do give devise and bequeath the aforesaid farm with all the stock
household goods furnature provisions and other goods and chattles
which may be on the aforesaid farm at the decease of my aforesaid
wife to my beloved daughters Hannah Edgar and Louis Brecht
and their children in equal Shares and of the Said Louisa Brecht
Should die without issue the whole of her Share in the aforesaid farm
goods and chattles to revert to my daughter Hannah and her children
Item 3d To my beloved daughter Elizabeth Seum I do give and
devise the Sum of Five dollars in current funds to be paid as soon
after my decease as practicable
Item 4th To my beloved Grand Daughter Elva Patterson daughter
of my Son Robt A Patterson and his wife Catherine Patterson
[corresponds to labeled page 180 of Will Records Vol. 5 [1869-1876]
180
Record of the Last Will & testament of Barnabus Patterson
Proceedings had before the Honorable B.C. Waters Judge of the
Probate Court within and for the County of Delaware and State
of Ohio at his office in the Court House in the Town of Delaware
on the 10th day of February AD 1872 B.C. Waters Probate Judge
Will and Estate of Barnabus Patterson deceased
On this day the last will and testament of Barnabus Patterson
of Delaware County deceased were presented for Probate and
Record whereupon P A Willis and Richard Plunket the Subscribing
witnesses thereto came and were duly Sworn and their testimony
reduced to writing annexed to the Will and pled 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 of sound mind and
memory and not under any restraint it is therefore
considered and ordered that the Said be admitted to Probate and
record as duly Proved as the last will and testament of the
Said Barnabus Patterson and be recorded as Such and at the
Same came P A Willis the Executor named in the will
and gave Bond in the Sum of $1600 with Walter T. Watson
C D Potter as his surety B.C. Waters Probate Judge
Copy of the Will
In the name of God Amen I Barnabus Patterson of the
Township of Concord County of Delaware and State of Ohio being
of Sound mind and memory do make publish and declare this
my last will and testament
Item 1st I Give devise and bequeath to my beloved wife Malinda
Patterson in lieu of her dower the farm on which we now
reside Situate in Concord Township Delaware Co Ohio containing
about Sixty three acres during her natural life and all the Stock
household Goods furnature provision and other goods and chattles
which may be thereon at the time of my decease after all debts
and claims against my Estate are adjusted during her natural
life as aforesaid
Item 2nd At the decease of my aforesaid wife Melinda Patterson
I do give devise and bequeath the aforesaid farm with all the stock
household goods furnature provisions and other goods and chattles
which may be on the aforesaid farm at the decease of my aforesaid
wife to my beloved daughters Hannah Edgar and Louis Brecht
and their children in equal Shares and of the Said Louisa Brecht
Should die without issue the whole of her Share in the aforesaid farm
goods and chattles to revert to my daughter Hannah and her children
Item 3d To my beloved daughter Elizabeth Seum I do give and
devise the Sum of Five dollars in current funds to be paid as soon
after my decease as practicable
Item 4th To my beloved Grand Daughter Elva Patterson daughter
of my Son Robt A Patterson and his wife Catherine Patterson
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 214)
Description
[page 214]
[corresponds to labeled page 181 of Will Records Vol. 5 [1869-1876]
181
Record of the Will & testament of Barnabus Patterson decd
I do give and devise the Sum of Five Dollars in current funds to be paid
to her as soon after my decease as Practicable
Item 5th I do hereby nominate and appoint P.A. Willis Executor of this
my last will and testament hereby authorizing and empowering him to
compromise adjust and release in Such manner as he may deem proper
the debts and claims due me to sell all the personal property except such house
-hold goods furnature and other goods & chattles as my aforesaid wife may
choose to retain and after paying all debts against my estate pay the
remainder to my aforesaid wife
In testamony hereof I have hereunto Set my hand and Seal this twentieth
day of January in the year of our Lord one thousand Eight Hundred and
Seventy two his
Barnabas x Patterson {seal}
mark
Signed and acknowledged by the Said Barnabas
Patterson as his last will and testament in our presence and Signed
by us in his presence P.A. Willis
Richard Plunket
The State of Ohio Delaware County ss
In the matter of the Last will and testament of Barnabus
Patterson deceased We P A Willis and Richard Plunket
being duly Sworn in open Court this 10th day of February AD
1872 depose and Say that we were present at the execution of
the last will and testament of Barnabus Patterson of
Delaware County hereunto attached bearing date 20th day
January 1872 that we Saw the Said testator Subscribe Said will
and heard him published and declare the Same 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 P.A. Willis
Richard Plunket
Sworn to and Subscribed before me in Probate Court
this 10th day of February AD 1872
B.C. Waters Probate
Judge
[corresponds to labeled page 181 of Will Records Vol. 5 [1869-1876]
181
Record of the Will & testament of Barnabus Patterson decd
I do give and devise the Sum of Five Dollars in current funds to be paid
to her as soon after my decease as Practicable
Item 5th I do hereby nominate and appoint P.A. Willis Executor of this
my last will and testament hereby authorizing and empowering him to
compromise adjust and release in Such manner as he may deem proper
the debts and claims due me to sell all the personal property except such house
-hold goods furnature and other goods & chattles as my aforesaid wife may
choose to retain and after paying all debts against my estate pay the
remainder to my aforesaid wife
In testamony hereof I have hereunto Set my hand and Seal this twentieth
day of January in the year of our Lord one thousand Eight Hundred and
Seventy two his
Barnabas x Patterson {seal}
mark
Signed and acknowledged by the Said Barnabas
Patterson as his last will and testament in our presence and Signed
by us in his presence P.A. Willis
Richard Plunket
The State of Ohio Delaware County ss
In the matter of the Last will and testament of Barnabus
Patterson deceased We P A Willis and Richard Plunket
being duly Sworn in open Court this 10th day of February AD
1872 depose and Say that we were present at the execution of
the last will and testament of Barnabus Patterson of
Delaware County hereunto attached bearing date 20th day
January 1872 that we Saw the Said testator Subscribe Said will
and heard him published and declare the Same 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 P.A. Willis
Richard Plunket
Sworn to and Subscribed before me in Probate Court
this 10th day of February AD 1872
B.C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 215)
Description
[page 215]
[corresponds to labeled page 182 of Will Records Vol. 5 [1869-1876]
182
Record of the Last Will of Sylvanus Davids deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 5th day of
March A D 1872
Will and Estate of Sylvanus Davids deceased
On this day the Last Will and testament of Sylvanus Davids
of Delaware County deceased were Presented for Probate and
Record whereupon Came Thomas W Cox and Caleb Harsh
the Subscribing witnesses thereto and were duly Sworn
and there testimony reduced to writing 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 it is therefore considered and ordered that the
Said will be admitted to probate and and Record as duly Proven
as the Last will and testament of Slyvanus Davids deceased
and at the Same time Came Thomas Davids and
Benjamin F Davids the Executor named in the will and
Gave Bond in the Sum of Fourteen Thousand Dollars with
Thomas W Cox and Caleb Harsh as Surtees Letters
Issued Bond accepted x B.C. Waters Probate Judge
Copy of the Will
In the Name of God Amen
I Sylvanus Davids being of Sound & disposing mind
and memory but weak in body do make and publish
this as my last will and testament
Item I I desire and direct that all my Just debts and
funeral expenses be paid out of my estate
Item II I Give and devise to my Beloved wife Margaret
Davids all the household Goods and furniture belonging
to me at the time of my death to have and to hold to her during
her natural life at her death I direct that what may then
remain Shall be equally divided between my children
hereinafter named or their heirs -- and I further direct that
my Said wife Shall have her dower assigned and Set off
to her in the farm of 103 acres on which I now reside
of which the fee is derived to my Son Benjamin F Davids
as hereinafter Set forth
Item III
I Give and devise and bequeath unto my Son
Benjamin F Davids all my personal property consisting
of farming utensils Stock notes accounts except what
I have Given to my Said wife of Household goods and
furniture also I give and devise and bequeath to him
the Farm I now reside on containing of about one
Hundred and three acres in Radnor Township
[corresponds to labeled page 182 of Will Records Vol. 5 [1869-1876]
182
Record of the Last Will of Sylvanus Davids deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 5th day of
March A D 1872
Will and Estate of Sylvanus Davids deceased
On this day the Last Will and testament of Sylvanus Davids
of Delaware County deceased were Presented for Probate and
Record whereupon Came Thomas W Cox and Caleb Harsh
the Subscribing witnesses thereto and were duly Sworn
and there testimony reduced to writing 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 it is therefore considered and ordered that the
Said will be admitted to probate and and Record as duly Proven
as the Last will and testament of Slyvanus Davids deceased
and at the Same time Came Thomas Davids and
Benjamin F Davids the Executor named in the will and
Gave Bond in the Sum of Fourteen Thousand Dollars with
Thomas W Cox and Caleb Harsh as Surtees Letters
Issued Bond accepted x B.C. Waters Probate Judge
Copy of the Will
In the Name of God Amen
I Sylvanus Davids being of Sound & disposing mind
and memory but weak in body do make and publish
this as my last will and testament
Item I I desire and direct that all my Just debts and
funeral expenses be paid out of my estate
Item II I Give and devise to my Beloved wife Margaret
Davids all the household Goods and furniture belonging
to me at the time of my death to have and to hold to her during
her natural life at her death I direct that what may then
remain Shall be equally divided between my children
hereinafter named or their heirs -- and I further direct that
my Said wife Shall have her dower assigned and Set off
to her in the farm of 103 acres on which I now reside
of which the fee is derived to my Son Benjamin F Davids
as hereinafter Set forth
Item III
I Give and devise and bequeath unto my Son
Benjamin F Davids all my personal property consisting
of farming utensils Stock notes accounts except what
I have Given to my Said wife of Household goods and
furniture also I give and devise and bequeath to him
the Farm I now reside on containing of about one
Hundred and three acres in Radnor Township
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 216)
Description
[page 216]
[corresponds to labeled page 183 of Will Records Vol. 5 [1869-1876]
183
Record of the Last Will of Sylvanus Davids deceased
Delaware County Ohio subject to the above dower right and Estate
of my Said Wife as aforesaid Provided however and this devise
and bequest to my Said Son Benjamin F Davids is Subject to the
following conditions towit that he Shall pay to each of my other
children towit Thomas Davids Mary Elizabeth Robinson Isabella
Jane Bonner Margaret Ann Harman Sarah Magdelana Davids
and Julia Ann Carr Each ^the Sum of Eight Hundred dollars
in addition to what they have each
or any of then received to be paid in Six equal annual payments the
first payment to be made at the expiration of one year after my
death and Said payments are not to draw interest until after
they are due
Item IV. I do hereby nominate and appoint and constitute
my Sons Thomas Davids and Benjamin F Davids as Executors
of this my will
Item V I do hereby revoke and annul all former wills by me
made and declare this and this one by as and for my Last will
and testament The words one year [illegible] before
Execution
In testimony whereof I have hereunto Set my hand
and Seal this 17th day of February AD 1872
} Silvanus Davids {seal}
The above will was declared and }
Published and Signed by the Said Sylvanus Davids as and
for his last will and testament in our presence and we have
at his request Signed the Same as witnesses thereto in his presence
and in the presence of each other Thomas W Cox
Caleb Harsh
The State of Ohio
Delaware County ss } In the matter of the Last will and
testament of Sylvanus Davids deceased We Thomas
Cox and Caleb Harsh being duly Sworn in open Court
this 5th day of March AD 1872 depose and Say that we
were present at the execution of the Last will and testament
of Sylvanus Davids deceased of Delaware County hereunto
annex bearing date 17th day of February 1872 that we Saw
the Said testator Subscribe Said will and heard him publish
and declare the same to be his last will and testament
and that the Said testator at the time of Executing the Same
was of full age and of Sound mind and memory and not
under 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 W Cox
Cable Harsh
Sworn to and Subscribed before me in Probate
Court this 5th day of March AD 1872
BC Waters Probate Judge
[corresponds to labeled page 183 of Will Records Vol. 5 [1869-1876]
183
Record of the Last Will of Sylvanus Davids deceased
Delaware County Ohio subject to the above dower right and Estate
of my Said Wife as aforesaid Provided however and this devise
and bequest to my Said Son Benjamin F Davids is Subject to the
following conditions towit that he Shall pay to each of my other
children towit Thomas Davids Mary Elizabeth Robinson Isabella
Jane Bonner Margaret Ann Harman Sarah Magdelana Davids
and Julia Ann Carr Each ^the Sum of Eight Hundred dollars
in addition to what they have each
or any of then received to be paid in Six equal annual payments the
first payment to be made at the expiration of one year after my
death and Said payments are not to draw interest until after
they are due
Item IV. I do hereby nominate and appoint and constitute
my Sons Thomas Davids and Benjamin F Davids as Executors
of this my will
Item V I do hereby revoke and annul all former wills by me
made and declare this and this one by as and for my Last will
and testament The words one year [illegible] before
Execution
In testimony whereof I have hereunto Set my hand
and Seal this 17th day of February AD 1872
} Silvanus Davids {seal}
The above will was declared and }
Published and Signed by the Said Sylvanus Davids as and
for his last will and testament in our presence and we have
at his request Signed the Same as witnesses thereto in his presence
and in the presence of each other Thomas W Cox
Caleb Harsh
The State of Ohio
Delaware County ss } In the matter of the Last will and
testament of Sylvanus Davids deceased We Thomas
Cox and Caleb Harsh being duly Sworn in open Court
this 5th day of March AD 1872 depose and Say that we
were present at the execution of the Last will and testament
of Sylvanus Davids deceased of Delaware County hereunto
annex bearing date 17th day of February 1872 that we Saw
the Said testator Subscribe Said will and heard him publish
and declare the same to be his last will and testament
and that the Said testator at the time of Executing the Same
was of full age and of Sound mind and memory and not
under 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 W Cox
Cable Harsh
Sworn to and Subscribed before me in Probate
Court this 5th day of March AD 1872
BC Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 217)
Description
[page 217]
[corresponds to labeled page 184 of Will Records Vol. 5 [1869-1876]
184
Record of the Will of Edmond Scott deceased
Proceedings had before the Hon B.C. Waters Judge of Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in Town of Delaware on the
7th day of March AD 1872
Will and Estate of Edmund Scott deceased
On this day the Last Will and testament of Edmund Scott
of Delaware County deceased were presented for Probate and Record
whereupon J.F. Doty and B.F. Loofborrow the Subscribing
witnesses thereto came and were duly Sworn and there testimony
reduced to writing annexed to the will and filed therewith and
it appearing to the Court that Said will was duly Executed and
attested and that She 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 therefore considered and ordered
that the said will be admitted to probate and Record as duly
Proved as the Last Will and testament of Edmund Scott decd
and May Scott the Executrix of Said will made accepted
the Said trust no Bond request in accordance with the will
Letters Issued etc B.C. Waters Probate Judge
Copy of the Will
Oxford Township Delaware County June 21st 1869
Know all men by these Presents that I Edmund Scott make
ordain and Establish the following as My last will and
testament
1st I Give and bequeath to my wife Mary all my goods and
chattels of every kind and description with the exceptions
of so much of the Same as it may be necessary to sell in order to
pay my just and legal debts I also appoint her Sole Executrix
with full Power to Settle all my business in the Same manner
that I could if I were alive and I direct that She Shall not be
required by the Court to Give Bail
2d I Give and bequeath to my wife Mary all my Land lying
on the East Side of the road being the Same that I bought of
Miss Pellibone to have and to hold the Same during her natural
Life -- and at her death to be owned by our daughter Angela
3d I give and bequeath my land lying on the west
Side of the road to my daughter Angela it being the same that
I bought of Ezekial Longwell
4th I give and bequeath to Malinda Ellen White all the that
her husband James White may be owing me at the time
of my decease 5th also will that Said James White Shall have
the right to work my Land by Giving one third of the corn
in the Crib and one half of the fodder well put up in the
Shock for three years from the first of next January if he
chooses to do So I Edmund Scott hereby revoke and declare
null and void all former wills which I have made
witness J.F. Doly } Edmund Scott
B.F. Loofbourrow }
[corresponds to labeled page 184 of Will Records Vol. 5 [1869-1876]
184
Record of the Will of Edmond Scott deceased
Proceedings had before the Hon B.C. Waters Judge of Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in Town of Delaware on the
7th day of March AD 1872
Will and Estate of Edmund Scott deceased
On this day the Last Will and testament of Edmund Scott
of Delaware County deceased were presented for Probate and Record
whereupon J.F. Doty and B.F. Loofborrow the Subscribing
witnesses thereto came and were duly Sworn and there testimony
reduced to writing annexed to the will and filed therewith and
it appearing to the Court that Said will was duly Executed and
attested and that She 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 therefore considered and ordered
that the said will be admitted to probate and Record as duly
Proved as the Last Will and testament of Edmund Scott decd
and May Scott the Executrix of Said will made accepted
the Said trust no Bond request in accordance with the will
Letters Issued etc B.C. Waters Probate Judge
Copy of the Will
Oxford Township Delaware County June 21st 1869
Know all men by these Presents that I Edmund Scott make
ordain and Establish the following as My last will and
testament
1st I Give and bequeath to my wife Mary all my goods and
chattels of every kind and description with the exceptions
of so much of the Same as it may be necessary to sell in order to
pay my just and legal debts I also appoint her Sole Executrix
with full Power to Settle all my business in the Same manner
that I could if I were alive and I direct that She Shall not be
required by the Court to Give Bail
2d I Give and bequeath to my wife Mary all my Land lying
on the East Side of the road being the Same that I bought of
Miss Pellibone to have and to hold the Same during her natural
Life -- and at her death to be owned by our daughter Angela
3d I give and bequeath my land lying on the west
Side of the road to my daughter Angela it being the same that
I bought of Ezekial Longwell
4th I give and bequeath to Malinda Ellen White all the that
her husband James White may be owing me at the time
of my decease 5th also will that Said James White Shall have
the right to work my Land by Giving one third of the corn
in the Crib and one half of the fodder well put up in the
Shock for three years from the first of next January if he
chooses to do So I Edmund Scott hereby revoke and declare
null and void all former wills which I have made
witness J.F. Doly } Edmund Scott
B.F. Loofbourrow }
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 218)
Description
[page 218]
[corresponds to labeled page 185 of Will Records Vol. 5 [1869-1876]
185
Record of the Will of Edmund Scott deceased
Codicil to the within will
If my daughter Angela Should die unmarried and having
no child or children then I Give and bequeath all my land to
Malinda Ellen White wife of James but She shall not have nor
hold any part of the Same during the Live time of my wife Mary
June 21st 1869 } Edmund Scott
Witnesses } B.F. Loofbourrow
J.F. Doty
The State of Ohio }
Delaware County ss } Probate Court
Personally appeared in open Court B F Loofbourrow and
J F Doly the Subscribing witnesses to the last will and testament
of Edmund Scott deceased who being duly Sworn according to
Law to speak the truth the whole truth and nothing but the truth
in relation to the execution of Said will depose and Say that the
paper before them purporting to be the Last Will and testament
of Edmund Scott now deceased is the will of Said deceased
also the codicil to the Same annexed that they were present
at the Execution of Said will at the request of the testator
Subscribed their names to the Same as witnesses in his presence
and that they Saw the said Edmund Scott deceased Sign and
Seal Said Will and heard him acknowledge the Same
to be his last will and testament that the Said Edmund Scott
at the time of making Signing and Sealing Said will was
of legal age and of Sound and disposing mind and memory
and not under any undue or unlawful restraint
whatsoever B.F. Loofbourrow
J.F. Doly
Sworn to and Subscribed in open Court this 7th day of
March Ad 1872 B.C. Waters Probate Judge
{seal}
Record of the Last will of Christopher C. Bricker deceased
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and State
at his office in the Court House in the Town of Delaware on
the 22d day of March 1872
Will and Estate of Christopher C. Bricker deceased
On this day the Last Will and testament of Christopher C Bricker
of Delaware County were presented for Probate and Record
Whereupon E Kimball and D. Bricker the Subscribing witnesses
thereto and were duly Sworn and there testimony reduced to
writing and 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
[corresponds to labeled page 185 of Will Records Vol. 5 [1869-1876]
185
Record of the Will of Edmund Scott deceased
Codicil to the within will
If my daughter Angela Should die unmarried and having
no child or children then I Give and bequeath all my land to
Malinda Ellen White wife of James but She shall not have nor
hold any part of the Same during the Live time of my wife Mary
June 21st 1869 } Edmund Scott
Witnesses } B.F. Loofbourrow
J.F. Doty
The State of Ohio }
Delaware County ss } Probate Court
Personally appeared in open Court B F Loofbourrow and
J F Doly the Subscribing witnesses to the last will and testament
of Edmund Scott deceased who being duly Sworn according to
Law to speak the truth the whole truth and nothing but the truth
in relation to the execution of Said will depose and Say that the
paper before them purporting to be the Last Will and testament
of Edmund Scott now deceased is the will of Said deceased
also the codicil to the Same annexed that they were present
at the Execution of Said will at the request of the testator
Subscribed their names to the Same as witnesses in his presence
and that they Saw the said Edmund Scott deceased Sign and
Seal Said Will and heard him acknowledge the Same
to be his last will and testament that the Said Edmund Scott
at the time of making Signing and Sealing Said will was
of legal age and of Sound and disposing mind and memory
and not under any undue or unlawful restraint
whatsoever B.F. Loofbourrow
J.F. Doly
Sworn to and Subscribed in open Court this 7th day of
March Ad 1872 B.C. Waters Probate Judge
{seal}
Record of the Last will of Christopher C. Bricker deceased
Proceedings had before the Hon B.C. Waters Judge of the
Probate Court within and for the County of Delaware and State
at his office in the Court House in the Town of Delaware on
the 22d day of March 1872
Will and Estate of Christopher C. Bricker deceased
On this day the Last Will and testament of Christopher C Bricker
of Delaware County were presented for Probate and Record
Whereupon E Kimball and D. Bricker the Subscribing witnesses
thereto and were duly Sworn and there testimony reduced to
writing and 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
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 219)
Description
[page 219]
[corresponds to labeled page 186 of Will Records Vol. 5 [1869-1876]
186
Record of the Last Will and testament of C.C. Bricker decd
the Same was of full age and of Sound Mind and memory and
not under any restraint it is ordered that the Said Will be admitted
to Probate and Record as duly Proved as the Last will and testament
of Christopher CC Bricker deceased no letters at Presents
BC Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Christopher C Bricker
of Kingston Township Delaware County Ohio being of Sound
mind and Retentive memory do make this my last will and
testament to with
Item 1st It is my will that my Executor Shall cause all Just and Legal
Claims against my Estate be fully Paid
Item 2nd I hereby Give and bequeath to my beloved wife Eliza Bricker
all of my Estate both real and personal to use or to dispose of
as She may ^desire at any future time
Item 3d I hereby appoint my beloved wife Eliza Bricker Executor
of this my Last will and testament
In testimony of the foregoing I hereunto Set my hand and
affix my Seal this twenty ninth day of December AD 1871
C.C. Bricker {seal}
Signed and acknowledge in our presence and Signed by us
in his presence E. Kimball
D. Bricker
The State of Ohio }
Delaware County ss } In the matter of the Last will and testa
ment of Christopher C. Bricker deceased
We Elias Kimball and D. Bricker being duly Sworn in
open Court this 22d day of March Ad 1872 depose and Say
that we were present at the Execution of Last Will and testa
-ments of Christopher C Bricker of Delaware County hereunto
annexed bearing date 29th day of December 1871 that we Saw the
Said testator Subscribe Said Will and heard him publish and
declare the Same to be his Last will and testament and that
the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under any
restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
K. Kimball
D. Bricker
Sworn to and Subscribed before me in the Probate Court
this 22d day of March AD 1872
B.C. Waters Probate
Judge
For entry correcting record See Journal 16 page 594
[corresponds to labeled page 186 of Will Records Vol. 5 [1869-1876]
186
Record of the Last Will and testament of C.C. Bricker decd
the Same was of full age and of Sound Mind and memory and
not under any restraint it is ordered that the Said Will be admitted
to Probate and Record as duly Proved as the Last will and testament
of Christopher CC Bricker deceased no letters at Presents
BC Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Christopher C Bricker
of Kingston Township Delaware County Ohio being of Sound
mind and Retentive memory do make this my last will and
testament to with
Item 1st It is my will that my Executor Shall cause all Just and Legal
Claims against my Estate be fully Paid
Item 2nd I hereby Give and bequeath to my beloved wife Eliza Bricker
all of my Estate both real and personal to use or to dispose of
as She may ^desire at any future time
Item 3d I hereby appoint my beloved wife Eliza Bricker Executor
of this my Last will and testament
In testimony of the foregoing I hereunto Set my hand and
affix my Seal this twenty ninth day of December AD 1871
C.C. Bricker {seal}
Signed and acknowledge in our presence and Signed by us
in his presence E. Kimball
D. Bricker
The State of Ohio }
Delaware County ss } In the matter of the Last will and testa
ment of Christopher C. Bricker deceased
We Elias Kimball and D. Bricker being duly Sworn in
open Court this 22d day of March Ad 1872 depose and Say
that we were present at the Execution of Last Will and testa
-ments of Christopher C Bricker of Delaware County hereunto
annexed bearing date 29th day of December 1871 that we Saw the
Said testator Subscribe Said Will and heard him publish and
declare the Same to be his Last will and testament and that
the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under any
restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
K. Kimball
D. Bricker
Sworn to and Subscribed before me in the Probate Court
this 22d day of March AD 1872
B.C. Waters Probate
Judge
For entry correcting record See Journal 16 page 594
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 220)
Description
[page 220]
[corresponds to labeled page 187 of Will Records Vol. 5 [1869-1876]
187
Record of the Last Will of Aaron Prall deceased
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware State of Ohio at his office in
the Court House in the Town of Delaware on the 23d day of March
AD 1872
Will and Estate of Aaron Prall deceased
On this day the Last will and testament of Aaron Prall of Delaware County
deceased were Present for Probate and Record whereupon W M Johnston
Ransom Campbell and Basil Lugenbeel the Subscribing witnesses
thereto came and were duly Sworn and there testimony reduced to
writing 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 it is therefore considered
and ordered that the Said will be admitted to Probate and record as duly
Proved as the Last will and testament of the Said Aaron Prall decd
Copy of the Will
In the name of God Amen I Aaron Prall of the County of Delaware
and State of Ohio being in Good health of body and of Sound mind
and memory and understanding considering the certainty of death
and the uncertainty of the time thereof and being desirous to settle
my worldly affairs and thereby be the better prepared to leave this world
when it Shall please God to call me hence do therefore make and Publish
this my last will and testament in manner and form following
that is to Say
First and principally I commit my soul into the hands of Almighty
God and my body to the earth to be decently buried at the discretion
of my Executor herein after named and after my first debts and
funeral expenses are paid I deserve and bequeath as follows
Item first I Give and bequeath to my daughter May Ann
Slough the wife of Joseph Slough thirteen Hundred dollars during
her life only and after her death to her present child May T Nye
if She Survive her mother if not to revert back to my other legal heirs
to be divided among them equally under this express proviso never the
less that my Executor Shall not be compelled to pay into the hands
of the Said Joseph Slough any thing herein bequeathed unto my Said
daughter Mary Ann Slough but that the Same Shall remain
and continue in the hands of my Executor his Executor or Such person
or persons as he Shall appoint during the life of the Said Joseph Slough
and that during her life the Interest thereon Shall be paid to the Said
Mary Ann Slough and that any receipt witnessing the payment
of Said Interest to the Said May Ann Slough and Signed by her
though covert Shall be Sufficient discharge to my Executor
or person or persons appointed by him as aforesaid
Item Second I Give and bequeath to my Grandchildren
the children of my Son Richard the Sum of Nine Hundred
[corresponds to labeled page 187 of Will Records Vol. 5 [1869-1876]
187
Record of the Last Will of Aaron Prall deceased
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware State of Ohio at his office in
the Court House in the Town of Delaware on the 23d day of March
AD 1872
Will and Estate of Aaron Prall deceased
On this day the Last will and testament of Aaron Prall of Delaware County
deceased were Present for Probate and Record whereupon W M Johnston
Ransom Campbell and Basil Lugenbeel the Subscribing witnesses
thereto came and were duly Sworn and there testimony reduced to
writing 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 it is therefore considered
and ordered that the Said will be admitted to Probate and record as duly
Proved as the Last will and testament of the Said Aaron Prall decd
Copy of the Will
In the name of God Amen I Aaron Prall of the County of Delaware
and State of Ohio being in Good health of body and of Sound mind
and memory and understanding considering the certainty of death
and the uncertainty of the time thereof and being desirous to settle
my worldly affairs and thereby be the better prepared to leave this world
when it Shall please God to call me hence do therefore make and Publish
this my last will and testament in manner and form following
that is to Say
First and principally I commit my soul into the hands of Almighty
God and my body to the earth to be decently buried at the discretion
of my Executor herein after named and after my first debts and
funeral expenses are paid I deserve and bequeath as follows
Item first I Give and bequeath to my daughter May Ann
Slough the wife of Joseph Slough thirteen Hundred dollars during
her life only and after her death to her present child May T Nye
if She Survive her mother if not to revert back to my other legal heirs
to be divided among them equally under this express proviso never the
less that my Executor Shall not be compelled to pay into the hands
of the Said Joseph Slough any thing herein bequeathed unto my Said
daughter Mary Ann Slough but that the Same Shall remain
and continue in the hands of my Executor his Executor or Such person
or persons as he Shall appoint during the life of the Said Joseph Slough
and that during her life the Interest thereon Shall be paid to the Said
Mary Ann Slough and that any receipt witnessing the payment
of Said Interest to the Said May Ann Slough and Signed by her
though covert Shall be Sufficient discharge to my Executor
or person or persons appointed by him as aforesaid
Item Second I Give and bequeath to my Grandchildren
the children of my Son Richard the Sum of Nine Hundred
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 221)
Description
[page 221]
[corresponds to labeled page 188 of Will Records Vol. 5 [1869-1876]
188
Record of the Will of Aaron Prall deceased
dollars to be equally divided among them Share & share alike
Item third I Give and bequeath the residue of my property to
my Executor for his trouble in Settling my Estate and it is expre
ssly understood that he is to have no other percentage
And Lastly I do hereby constitute and appoint my Son Peter
Prall to be Sole Executor of this my Last will and testament
revoking and annulling all former wills by me heretofore
made rectifying and confirming this none other to be my Last
Will and testament
In testimony whereof I have hereunto Set my hand and ^affixed my Seal
this thirtieth day of March in the year of our Lord one thousand
Eight Hundred and Sixty one Aaron Prall {seal}
Signed Sealed published and declared by Aaron
Prall the Above named testator as and for his
Last will & testament in the presence of us who
at his request in his presence & in the presence of
each other have Subscribed our names as witnesses
thereto W.M Johnston
R. Campbell
B Lugenbeel
The State of Ohio } In the matter of the Last Will and testament
Delaware County ss } of Aaron Prall of Delaware County deceased
We William M. Johnston R Campbell and B Lugenbeal being
duly Sworn in open Court this 23d day of March Ad 1872
depose and Say that we were present at the Execution of the
Last will and testament of Aaron Prall of Delaware County
hereunto annexed bearing date 30th day of march 1861 that
we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his last will and testa-
ments and that the said testator at the time of Executing
the Same was of full age and of Sound mind and memory
and not under 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 M Johnston
Ransom Campbell
B Lugenbeel
Sworn to and Subscribed before me in the Probate Court
this 23d day of March AD 1872
B.C. Waters
Probate Judge
[corresponds to labeled page 188 of Will Records Vol. 5 [1869-1876]
188
Record of the Will of Aaron Prall deceased
dollars to be equally divided among them Share & share alike
Item third I Give and bequeath the residue of my property to
my Executor for his trouble in Settling my Estate and it is expre
ssly understood that he is to have no other percentage
And Lastly I do hereby constitute and appoint my Son Peter
Prall to be Sole Executor of this my Last will and testament
revoking and annulling all former wills by me heretofore
made rectifying and confirming this none other to be my Last
Will and testament
In testimony whereof I have hereunto Set my hand and ^affixed my Seal
this thirtieth day of March in the year of our Lord one thousand
Eight Hundred and Sixty one Aaron Prall {seal}
Signed Sealed published and declared by Aaron
Prall the Above named testator as and for his
Last will & testament in the presence of us who
at his request in his presence & in the presence of
each other have Subscribed our names as witnesses
thereto W.M Johnston
R. Campbell
B Lugenbeel
The State of Ohio } In the matter of the Last Will and testament
Delaware County ss } of Aaron Prall of Delaware County deceased
We William M. Johnston R Campbell and B Lugenbeal being
duly Sworn in open Court this 23d day of March Ad 1872
depose and Say that we were present at the Execution of the
Last will and testament of Aaron Prall of Delaware County
hereunto annexed bearing date 30th day of march 1861 that
we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his last will and testa-
ments and that the said testator at the time of Executing
the Same was of full age and of Sound mind and memory
and not under 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 M Johnston
Ransom Campbell
B Lugenbeel
Sworn to and Subscribed before me in the Probate Court
this 23d day of March AD 1872
B.C. Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 222)
Description
[page 222]
[corresponds to labeled page 189 of Will Records Vol. 5 [1869-1876]
189
Record of the last Will and testament of John C Johnson decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within and
for the County of Delaware and State of Ohio at his office in the Court
House in the Town of Delaw on the 13th day of April AD 1872
April 13 1872 Will and Estate of John C. Johnson deceased
On this day the last will & testament of John C Johnson decd were
presented for Probate and record whereupon James Kyle and
E Abbott the Subscribing witnesses thereto came and were duly
Sworn and their testimony reduced to writing and annexed to
the will and filed therewith and it appearing to the Court
that Said will was duly Executed and attended and that the Said
testator at the time of of Executing the Same was of full age and
of Sound mind and memory and not under any restraint
it is therefore considered and ordered that the Said will be admitted
to Probate and record as duly Proved as the last will and testament of
the Said John C Johnson no letters heard at the present time
B.C. Waters Probate Judge
Copy of the Will
In the name of Almighty God Father of all I John C Johnson
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 all of my personal property
consisting in part of Certain notes Given in the name of my Said
wife by Israel Needles as the purchase money on the Sale of my real Estate
and all other notes moneys and credits together with all Stock
household Goods furnature provisions and all other goods and
chattles not herein mentioned that may be in my possession at
the time of my decease during her natural life) she however
using So much thereof as may be Sufficient to pay all my Just
debts at the death of my Said wife the property aforesaid if
any Shall remain I Give and devise to my heirs Mary C Heffner
William S Johnson and Elizabeth A Johnson at equal Shares
if However Either of my Said Heirs Should die before the decease
of my Said wife leaving no children living at the decease of my Said
wife the property above devised and bequeathed to be equally divided
between the heir or heirs aforesaid that may then be Living if
However all my heirs above mentioned Should die before the
decease of my Said wife leaving no children living at her decease
then I Give and bequeath all my Said property to her legal Heirs
and representatives
Item 2d After the decease of my Said Wife I Give and devise
unto the Missionary Society of the Baptists Churches the Sum
of $15 dollars to be paid out of the property above mentioned
before the division is made to my heirs aforesaid
I desire that no appraisement and no Sale of my property be made
and that the Court of Probate direct the ommission of the Same
in pursuance of the Statute
[corresponds to labeled page 189 of Will Records Vol. 5 [1869-1876]
189
Record of the last Will and testament of John C Johnson decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within and
for the County of Delaware and State of Ohio at his office in the Court
House in the Town of Delaw on the 13th day of April AD 1872
April 13 1872 Will and Estate of John C. Johnson deceased
On this day the last will & testament of John C Johnson decd were
presented for Probate and record whereupon James Kyle and
E Abbott the Subscribing witnesses thereto came and were duly
Sworn and their testimony reduced to writing and annexed to
the will and filed therewith and it appearing to the Court
that Said will was duly Executed and attended and that the Said
testator at the time of of Executing the Same was of full age and
of Sound mind and memory and not under any restraint
it is therefore considered and ordered that the Said will be admitted
to Probate and record as duly Proved as the last will and testament of
the Said John C Johnson no letters heard at the present time
B.C. Waters Probate Judge
Copy of the Will
In the name of Almighty God Father of all I John C Johnson
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 all of my personal property
consisting in part of Certain notes Given in the name of my Said
wife by Israel Needles as the purchase money on the Sale of my real Estate
and all other notes moneys and credits together with all Stock
household Goods furnature provisions and all other goods and
chattles not herein mentioned that may be in my possession at
the time of my decease during her natural life) she however
using So much thereof as may be Sufficient to pay all my Just
debts at the death of my Said wife the property aforesaid if
any Shall remain I Give and devise to my heirs Mary C Heffner
William S Johnson and Elizabeth A Johnson at equal Shares
if However Either of my Said Heirs Should die before the decease
of my Said wife leaving no children living at the decease of my Said
wife the property above devised and bequeathed to be equally divided
between the heir or heirs aforesaid that may then be Living if
However all my heirs above mentioned Should die before the
decease of my Said wife leaving no children living at her decease
then I Give and bequeath all my Said property to her legal Heirs
and representatives
Item 2d After the decease of my Said Wife I Give and devise
unto the Missionary Society of the Baptists Churches the Sum
of $15 dollars to be paid out of the property above mentioned
before the division is made to my heirs aforesaid
I desire that no appraisement and no Sale of my property be made
and that the Court of Probate direct the ommission of the Same
in pursuance of the Statute
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 223)
Description
[page 223]
[corresponds to labeled page 190 of Will Records Vol. 5 [1869-1876]
190
Record of the Will of John C. Johnson decd
In testimony hereof I have hereunto Set my hand and seal
this 24th day January AD 1872
John C. Johnson {seal}
Signed and acknowledged by Said John C Johnson as his
last will and testament in our presence and Signed by us
in his presence James Kyle
E Abbott
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of John C Johnson of Delaware County deceased
We James Kyle and E Abbott being duly Sworn in open
Court this 13th day of April Ad 1872 depose and Say that we
were present at the Execution of the Last Will and testament
of John C. Johnson of Delaware County hereunto annexed
bearing date 24th day of January 1870 that we Saw the Said testator
Subscribe Said will and heard him publish and declare the Same
to be his last will and testament and that the Said testator at the
time of Executing the Same was of full age and of Sound mind
and memory and not under 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 Kyle
E. Abbott
Sworn to and Subscribed before me in Probate Court
this 13th day of April AD 1872 B.C. Waters
Probate Judge
Record of the Will of Andrew J. Green deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware
on the 5th day of April AD 1872 B.C. Waters Probate Judge
Will and Estate of Andrew J Green deceased
April 5th 1872 On this day the last will and testament of Andrew J Green
deceased were presented for Probate and Record whereupon H S Rust
and G W Stover the Subscribing witnesses thereto came 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 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 therefore considered and ordered that the Said will be
admitted to probate and Record as duly Proved as the Said will
and testament of the Said Andrew J Green and be recorded
as Such B.C. Waters Probate Judge
[corresponds to labeled page 190 of Will Records Vol. 5 [1869-1876]
190
Record of the Will of John C. Johnson decd
In testimony hereof I have hereunto Set my hand and seal
this 24th day January AD 1872
John C. Johnson {seal}
Signed and acknowledged by Said John C Johnson as his
last will and testament in our presence and Signed by us
in his presence James Kyle
E Abbott
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of John C Johnson of Delaware County deceased
We James Kyle and E Abbott being duly Sworn in open
Court this 13th day of April Ad 1872 depose and Say that we
were present at the Execution of the Last Will and testament
of John C. Johnson of Delaware County hereunto annexed
bearing date 24th day of January 1870 that we Saw the Said testator
Subscribe Said will and heard him publish and declare the Same
to be his last will and testament and that the Said testator at the
time of Executing the Same was of full age and of Sound mind
and memory and not under 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 Kyle
E. Abbott
Sworn to and Subscribed before me in Probate Court
this 13th day of April AD 1872 B.C. Waters
Probate Judge
Record of the Will of Andrew J. Green deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware
on the 5th day of April AD 1872 B.C. Waters Probate Judge
Will and Estate of Andrew J Green deceased
April 5th 1872 On this day the last will and testament of Andrew J Green
deceased were presented for Probate and Record whereupon H S Rust
and G W Stover the Subscribing witnesses thereto came 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 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 therefore considered and ordered that the Said will be
admitted to probate and Record as duly Proved as the Said will
and testament of the Said Andrew J Green and be recorded
as Such B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 224)
Description
[page 224]
[corresponds to labeled page 191 of Will Records Vol. 5 [1869-1876]
191
Record of the Will of Andrew J Green deceased
Copy of the Will
In the name of the Benevolent Father of all I Andrew J. Green
of Delaware County Ohio do make this my Last Will and testament
Item 1st It is my will that my wife Elizabeth Shall have the Forty nine
and a half acres of land on which we are now living Situated
on the South Side of the road it being the Lot of land which I bought
of Wm Beardsley
Item 2d It is my will Also that the remainder of my land be divided
Among my three children Sharing Equal with the Exceptions of
Samantha receiving two acres less than the Boys
Item 3d I will to my Wife Elizabeth one Bay mare known by the
name of Mary also one Sow and Pigs one Cow
Item 4th I will to my Son Albert one bay mare four years old and
one buggy and Harness and one Cow
Item 5th I will to my Son Jac L one bay yearling Colt and one Cow
Item 6th I will that after the remainder of my property is Sold at public
Sale and all legal claims against the Estate are Settled if there be
any money left that it Shall be divided Equal between my wife
and their children
Item 7th I will my wife lumber for to make a picket fence and 300
feet of Ash flooring and 25 Bushels of wheat and 50 bushels
of corn also 3 Acres of Sown on the oposit Side of the road
and one two Horse waggon and one Steel Plow
Item 8th I also request that G W Stover be Executor of my Estate
In testimony hereof I have hereunto Set my hand and Seal
this the 19th day of March in the year one thousand Eight
Hundred and Seventy two his
Andrew J x Green {Seal}
mark
Signed and acknowledged by the Said Andrew J Green his
Last Will and testament in presence of
H.S. Rust
G.W. Stover
The State of Ohio Delaware County ss In the matter of
the Last Will and testament of Andrew J Green of Delaware
County deceased We H S Rust and G W Stover being duly
Sworn in open court this 5th day of April AD 1872 depose and Say that we
were present at the Execution of the Last will and testament of Andrew
J Green of Delaware County hereunto annexed bearing date
19th day of March 1872 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 } H S Rust
} G W Stover
Sworn to and Subscribed before in the Probate Court this 5th day of April 1872
B.C. Waters Probate Judge
[corresponds to labeled page 191 of Will Records Vol. 5 [1869-1876]
191
Record of the Will of Andrew J Green deceased
Copy of the Will
In the name of the Benevolent Father of all I Andrew J. Green
of Delaware County Ohio do make this my Last Will and testament
Item 1st It is my will that my wife Elizabeth Shall have the Forty nine
and a half acres of land on which we are now living Situated
on the South Side of the road it being the Lot of land which I bought
of Wm Beardsley
Item 2d It is my will Also that the remainder of my land be divided
Among my three children Sharing Equal with the Exceptions of
Samantha receiving two acres less than the Boys
Item 3d I will to my Wife Elizabeth one Bay mare known by the
name of Mary also one Sow and Pigs one Cow
Item 4th I will to my Son Albert one bay mare four years old and
one buggy and Harness and one Cow
Item 5th I will to my Son Jac L one bay yearling Colt and one Cow
Item 6th I will that after the remainder of my property is Sold at public
Sale and all legal claims against the Estate are Settled if there be
any money left that it Shall be divided Equal between my wife
and their children
Item 7th I will my wife lumber for to make a picket fence and 300
feet of Ash flooring and 25 Bushels of wheat and 50 bushels
of corn also 3 Acres of Sown on the oposit Side of the road
and one two Horse waggon and one Steel Plow
Item 8th I also request that G W Stover be Executor of my Estate
In testimony hereof I have hereunto Set my hand and Seal
this the 19th day of March in the year one thousand Eight
Hundred and Seventy two his
Andrew J x Green {Seal}
mark
Signed and acknowledged by the Said Andrew J Green his
Last Will and testament in presence of
H.S. Rust
G.W. Stover
The State of Ohio Delaware County ss In the matter of
the Last Will and testament of Andrew J Green of Delaware
County deceased We H S Rust and G W Stover being duly
Sworn in open court this 5th day of April AD 1872 depose and Say that we
were present at the Execution of the Last will and testament of Andrew
J Green of Delaware County hereunto annexed bearing date
19th day of March 1872 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 } H S Rust
} G W Stover
Sworn to and Subscribed before in the Probate Court this 5th day of April 1872
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 225)
Description
[page 225]
[corresponds to labeled page 192 of Will Records Vol. 5 [1869-1876]
192
Record of the Will of Daniel Dusenbury decd
Proceedings had in Probate Court of Franklin County
Ohio on the 22d March 1872
Probate Court March 22d 1872
Daniel Dusenburys Will
this day the Last will and testament of Daniel Dusenbury Late
of Genoa Township Delaware County State of Ohio was Produced
in open Court and offered for Probate thereupon Jas. G. Ball
and E.T. Bing are the Subscribing witnesses to Said will appeared
and in open Court on oath testified to the due Execution and
attestation of Said Will which testimony was reduced to writing
and Subscribed by Said Witnesses and it appearing to the Court
from Said Testimony that Said Daniel Dusenbury at the time
of Executing Said Will was of full age and of Sound mind and memory
and not under any restraint It is therefore by the Court ordered
that the Said will be and the Same hereby is admitted to Probate
and that the Same with the testimony So reduced to writing
be recorded in the Will Record of this office
Order Book no 11 Page 484
In the ^Name of the Benovelent Father of all --
I Daniel Dusenbury Sr of Genoa Township Delaware County
State of Ohio being of Lawful age and Sound mind memory
do make and Publish this My Last will and testament --
Item 1st I desire that all my honest debts Shall be Paid --
Item 2d I direct that all my property real personal and mixed
Shall be Sold by my Executors or the Survivor of them as herein
after named and Set forth and the proceeds thereof after defraying
all the necessary expenses of administration Shall be applied
and disposed of as follows ---
Item 3d I Give and bequeath to my beloved wife Mary E Dusenbury
in Lieu of her dower one third of the entire net Proceeds of the
Sale of all my Estate as above directed to her in her own right to
be owned and disposed of as She may chose --
Item 4th I Give and devise after the above bequest has been paid to
my wife to my Grand Son William the Son of my deceased
Son William the Sum of one thousand dollars --
Item 5th I Give and devise out of any remainder of my Estate after the
above bequests to my daughter Ann Shaw the Sum of one
thousand dollars --
Item 6th I devise out of the remainder of my Estate after paying the above
bequests to the Denison University of Granville Ohio the Sum of
one thousand dollars ---
Item 7th I Give and devise out of the remainder of my estate after
paying the above bequests to my Son David and to my daughters
Harriet Hoy and Jane Dusenbury each the Sum of one hundred
dollars ---
Item 8th I Give and devise to my Son George Dusenbury the entire
remainder of my Estate after paying all the above bequests & expenses
[corresponds to labeled page 192 of Will Records Vol. 5 [1869-1876]
192
Record of the Will of Daniel Dusenbury decd
Proceedings had in Probate Court of Franklin County
Ohio on the 22d March 1872
Probate Court March 22d 1872
Daniel Dusenburys Will
this day the Last will and testament of Daniel Dusenbury Late
of Genoa Township Delaware County State of Ohio was Produced
in open Court and offered for Probate thereupon Jas. G. Ball
and E.T. Bing are the Subscribing witnesses to Said will appeared
and in open Court on oath testified to the due Execution and
attestation of Said Will which testimony was reduced to writing
and Subscribed by Said Witnesses and it appearing to the Court
from Said Testimony that Said Daniel Dusenbury at the time
of Executing Said Will was of full age and of Sound mind and memory
and not under any restraint It is therefore by the Court ordered
that the Said will be and the Same hereby is admitted to Probate
and that the Same with the testimony So reduced to writing
be recorded in the Will Record of this office
Order Book no 11 Page 484
In the ^Name of the Benovelent Father of all --
I Daniel Dusenbury Sr of Genoa Township Delaware County
State of Ohio being of Lawful age and Sound mind memory
do make and Publish this My Last will and testament --
Item 1st I desire that all my honest debts Shall be Paid --
Item 2d I direct that all my property real personal and mixed
Shall be Sold by my Executors or the Survivor of them as herein
after named and Set forth and the proceeds thereof after defraying
all the necessary expenses of administration Shall be applied
and disposed of as follows ---
Item 3d I Give and bequeath to my beloved wife Mary E Dusenbury
in Lieu of her dower one third of the entire net Proceeds of the
Sale of all my Estate as above directed to her in her own right to
be owned and disposed of as She may chose --
Item 4th I Give and devise after the above bequest has been paid to
my wife to my Grand Son William the Son of my deceased
Son William the Sum of one thousand dollars --
Item 5th I Give and devise out of any remainder of my Estate after the
above bequests to my daughter Ann Shaw the Sum of one
thousand dollars --
Item 6th I devise out of the remainder of my Estate after paying the above
bequests to the Denison University of Granville Ohio the Sum of
one thousand dollars ---
Item 7th I Give and devise out of the remainder of my estate after
paying the above bequests to my Son David and to my daughters
Harriet Hoy and Jane Dusenbury each the Sum of one hundred
dollars ---
Item 8th I Give and devise to my Son George Dusenbury the entire
remainder of my Estate after paying all the above bequests & expenses
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 226)
Description
[page 226]
[corresponds to labeled page 193 of Will Records Vol. 5 [1869-1876]
193
Record of the Will of Daniel Dusenbury deceased
Item 9th I do hereby nominate and appoint my friend Lot L
Smith and my said beloved wife Mary E Dusenbury Executors of
this my last will and testament hereby authorizing them or the
Survivor of them to compromise adjust release and discharge in
Such manner as they may deem proper all debts and claims due
me I do also authorize empower and direct them or the Survivor of them
to sell by Private Sale or in Such manner upon Such terms of
Credit or otherwise as they may think proper all my estate real
and personal and deeds to purchases to Execute and acknowledge
and deliver in fee Simple and to apply the proceeds according to
the foregoing provisions of this my last will and testament
I desire and request that my Said Executors Shall not be required
to Give bonds and that no no appraisement Shall be made of my
personal property and that the Court of Probate direct omission
of the Same ---
I do hereby revoke all former will by me made
In testimony hereof I have hereunto Set my hand and Seal
this 18th day of August in the year Eighteen hundred and Seventy
one --- David Dusenbury {seal}
Signed and acknowledged by Said Daniel Dusenbury
Sr as his last will and testament in our presence and
Signed by as witnesses in his presence and at his request
Jas G. Bull
E F Bingam
State of Ohio
Franklin County ss } Probate Court
We Jas G Bull and E.F. Bingam being duly Sworn in
open Court this 22d day of March AD 1872 depose and Say that
we were present at the Execution of the Last Will and Testament
of Daniel Dusenbury Sr deceased hereunto annexed that we Saw
Daniel Dusenbury Sr Said testator Subscribe Said Will and
heard him publish and declare the Same to be his last Will
and testament and that the Said Daniel Dusenbury Sr at the
time of Executing the Same was of full age and of Sound mind
and memory and not under any restraint and that we Signed
the Same as witnesses at his request and in his presence and
in the Presence of each other Jas G Bull
E.F. Bingam
Sworn to and Subscribed in open Court the day and year
first above written John M. Pugh
Probate Judge
Probate Court April 5th 1872
Daniel Dusenburys Estate
On motion it is ordered that Mary E Dusenbury & Lot L
[corresponds to labeled page 193 of Will Records Vol. 5 [1869-1876]
193
Record of the Will of Daniel Dusenbury deceased
Item 9th I do hereby nominate and appoint my friend Lot L
Smith and my said beloved wife Mary E Dusenbury Executors of
this my last will and testament hereby authorizing them or the
Survivor of them to compromise adjust release and discharge in
Such manner as they may deem proper all debts and claims due
me I do also authorize empower and direct them or the Survivor of them
to sell by Private Sale or in Such manner upon Such terms of
Credit or otherwise as they may think proper all my estate real
and personal and deeds to purchases to Execute and acknowledge
and deliver in fee Simple and to apply the proceeds according to
the foregoing provisions of this my last will and testament
I desire and request that my Said Executors Shall not be required
to Give bonds and that no no appraisement Shall be made of my
personal property and that the Court of Probate direct omission
of the Same ---
I do hereby revoke all former will by me made
In testimony hereof I have hereunto Set my hand and Seal
this 18th day of August in the year Eighteen hundred and Seventy
one --- David Dusenbury {seal}
Signed and acknowledged by Said Daniel Dusenbury
Sr as his last will and testament in our presence and
Signed by as witnesses in his presence and at his request
Jas G. Bull
E F Bingam
State of Ohio
Franklin County ss } Probate Court
We Jas G Bull and E.F. Bingam being duly Sworn in
open Court this 22d day of March AD 1872 depose and Say that
we were present at the Execution of the Last Will and Testament
of Daniel Dusenbury Sr deceased hereunto annexed that we Saw
Daniel Dusenbury Sr Said testator Subscribe Said Will and
heard him publish and declare the Same to be his last Will
and testament and that the Said Daniel Dusenbury Sr at the
time of Executing the Same was of full age and of Sound mind
and memory and not under any restraint and that we Signed
the Same as witnesses at his request and in his presence and
in the Presence of each other Jas G Bull
E.F. Bingam
Sworn to and Subscribed in open Court the day and year
first above written John M. Pugh
Probate Judge
Probate Court April 5th 1872
Daniel Dusenburys Estate
On motion it is ordered that Mary E Dusenbury & Lot L
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 227)
Description
[page 227]
[corresponds to labeled page 194 of Will Records Vol. 5 [1869-1876]
194
Record of the Will of Daniel Dusenbury deceased
Smith the Executors named in the last will and testament
of Said Daniel Dusenbury late of Genoa Township Delaware
County Ohio deceased who died 1872 be and they
hereby are appointed as Such Executors and that letters testam
entary issue to them thereupon Said Mary E Dusenbury
and Lot L Smith appeared accepted Said trust and Gave
and filed herein Bond conditioned according to Law in the
Sum of Twenty Thousand Dollars with R.P. Woodruff
and R.B. Adams and Electa Newcomb Freeholders as
Surties which bond was approved by the Court and the Court
do appoint Wm Sharp John Knox and John Wagnor
appraisors of the personal property
Order Book No 11 Page 499
State of Ohio
Franklin County ss } Probate Court
I John M. Pugh Judge & Office Clerk of Said Probate
Court of Franklin County Ohio certify that the foregoing
is a true and correct copy of the Last will & testament of Daniel
Dusenbury deceased of the Order of Probate and Testamony
and of the order of Court appointing the Executors named
in Said Will as the Same appears of Record in Said Court
Witness my hand and official Seal at Columbus
this 8th of April 1872 John M Pugh
Judge and Ex office Clerk
of the Probate Court of Franklin
County Ohio
Record of the Will of Daniel Rarick deceased
Proceedings had before the Hon B.C. Waters Judge
of the Probate Court within and for the County of Delaware and
and State of Ohio at his office in the Court House in the
Town of Delaware on the 18th day of April 1872
B.C. Waters Probate Judge
Will and Estate of Daniel Rarick deceased
This day the Last Will and testament of Daniel Rarick deceased
was presented for Probate and Record whereupon William
Cashmer and George Wagnor The Subscribing witnesses
thereto came and were duly Sworn and there testimony
reduced to writing and 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 Said testator
was at the time of Executing the Same of full age and of
Sound mind and memory and not under any restraint
It is therefore Considered and ordered that the Said will admitted
to Probate and record as duly Proved as the Last Will and testament of Daniel
Rarick to be recorded as Such B.C. Waters Probate Judge
[corresponds to labeled page 194 of Will Records Vol. 5 [1869-1876]
194
Record of the Will of Daniel Dusenbury deceased
Smith the Executors named in the last will and testament
of Said Daniel Dusenbury late of Genoa Township Delaware
County Ohio deceased who died 1872 be and they
hereby are appointed as Such Executors and that letters testam
entary issue to them thereupon Said Mary E Dusenbury
and Lot L Smith appeared accepted Said trust and Gave
and filed herein Bond conditioned according to Law in the
Sum of Twenty Thousand Dollars with R.P. Woodruff
and R.B. Adams and Electa Newcomb Freeholders as
Surties which bond was approved by the Court and the Court
do appoint Wm Sharp John Knox and John Wagnor
appraisors of the personal property
Order Book No 11 Page 499
State of Ohio
Franklin County ss } Probate Court
I John M. Pugh Judge & Office Clerk of Said Probate
Court of Franklin County Ohio certify that the foregoing
is a true and correct copy of the Last will & testament of Daniel
Dusenbury deceased of the Order of Probate and Testamony
and of the order of Court appointing the Executors named
in Said Will as the Same appears of Record in Said Court
Witness my hand and official Seal at Columbus
this 8th of April 1872 John M Pugh
Judge and Ex office Clerk
of the Probate Court of Franklin
County Ohio
Record of the Will of Daniel Rarick deceased
Proceedings had before the Hon B.C. Waters Judge
of the Probate Court within and for the County of Delaware and
and State of Ohio at his office in the Court House in the
Town of Delaware on the 18th day of April 1872
B.C. Waters Probate Judge
Will and Estate of Daniel Rarick deceased
This day the Last Will and testament of Daniel Rarick deceased
was presented for Probate and Record whereupon William
Cashmer and George Wagnor The Subscribing witnesses
thereto came and were duly Sworn and there testimony
reduced to writing and 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 Said testator
was at the time of Executing the Same of full age and of
Sound mind and memory and not under any restraint
It is therefore Considered and ordered that the Said will admitted
to Probate and record as duly Proved as the Last Will and testament of Daniel
Rarick to be recorded as Such B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 228)
Description
[page 228]
[corresponds to labeled page 195 of Will Records Vol. 5 [1869-1876]
195
Record of the Will of Daniel Rarick deceased
Copy of the Will
In the name of the Benevolent Father of All I Daniel Rarick
of the Township of Harlem and County of Delaware and in the State of
Ohio do Publish and make this my last will and testament
1st It is my will that all my Just debts and Funeral Expenses be
paid out of my Estate
2d I hereby give to my beloved wife in Lieu of her dower during
her natural life the Farm on which we now live in Said
Harlem Township It is further my will that my Said wife have
so much of my personal Goods and chattels as the Statute Laws of Ohio
has made provisions in Such cases
3d It is my will that my Son Joseph Rarick Shall have all my
Real Estate at the death of my Said wife upon the following conditions
that he pay to my daughter Diannah Line the Sum of One
Hundred Dollars in one year after my death and that he also pay
to my daughter Edith Leak the Sum of one hundred dollars in
two years after my death
In testimony hereof I have hereunto
Set my hand and Seal this 25th day of March AD 1872
his
Daniel x Rarick {seal}
mark
Signed Sealed and acknowledge
by Said Daniel Rarick as his last will
and testament and Signed by us in his presence
and at his requests this 25th day of March AD 1872
William Cashner
George Wagnor
The State of Ohio }
Delaware County ss } In the matter of the last Will and testament
of Daniel Rarick of Harlem Township Delaware County decd
We William Cashner and George Wagnor being duly Sworn
in open Court this 18th day of April AD 1872 depose and Say that we
were present at the Execution of the last will and testament of
Daniel Rarick hereunto annexed bearing date 25th day of March
1872 that we Saw the Said testator Subscribe Said will and heard
him publish and declare the Same to be his last will and testament
and that the Said testator at the time of Executing the Same was
of full age and of Sound mind and memory and not under
any restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
{seal] William Cashner
George Wagnor
Sworn to and Subscribed before me in open Court this 18th
day of April AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 195 of Will Records Vol. 5 [1869-1876]
195
Record of the Will of Daniel Rarick deceased
Copy of the Will
In the name of the Benevolent Father of All I Daniel Rarick
of the Township of Harlem and County of Delaware and in the State of
Ohio do Publish and make this my last will and testament
1st It is my will that all my Just debts and Funeral Expenses be
paid out of my Estate
2d I hereby give to my beloved wife in Lieu of her dower during
her natural life the Farm on which we now live in Said
Harlem Township It is further my will that my Said wife have
so much of my personal Goods and chattels as the Statute Laws of Ohio
has made provisions in Such cases
3d It is my will that my Son Joseph Rarick Shall have all my
Real Estate at the death of my Said wife upon the following conditions
that he pay to my daughter Diannah Line the Sum of One
Hundred Dollars in one year after my death and that he also pay
to my daughter Edith Leak the Sum of one hundred dollars in
two years after my death
In testimony hereof I have hereunto
Set my hand and Seal this 25th day of March AD 1872
his
Daniel x Rarick {seal}
mark
Signed Sealed and acknowledge
by Said Daniel Rarick as his last will
and testament and Signed by us in his presence
and at his requests this 25th day of March AD 1872
William Cashner
George Wagnor
The State of Ohio }
Delaware County ss } In the matter of the last Will and testament
of Daniel Rarick of Harlem Township Delaware County decd
We William Cashner and George Wagnor being duly Sworn
in open Court this 18th day of April AD 1872 depose and Say that we
were present at the Execution of the last will and testament of
Daniel Rarick hereunto annexed bearing date 25th day of March
1872 that we Saw the Said testator Subscribe Said will and heard
him publish and declare the Same to be his last will and testament
and that the Said testator at the time of Executing the Same was
of full age and of Sound mind and memory and not under
any restraint and that we Signed the Same as witnesses at his
request and in his presence and in the presence of each other
{seal] William Cashner
George Wagnor
Sworn to and Subscribed before me in open Court this 18th
day of April AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 229)
Description
[page 229]
[corresponds to labeled page 196 of Will Records Vol. 5 [1869-1876]
196
Record of the last will and testament of James K McElroy decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 1st day of May 1872
B.C. Waters Probate Judge
Will and Estate of James K McElroy deceased
This day the Last Will and testament of James K McElroy deceased were
presented for Probate and Record whereupon Thomas W Cox one of the
Subscribing witnesses thereto came and was 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 James Eaton
the other Subscribing witnesses was now deceased thereupon Thos
W Cox and George C Eaton was duly Sworn and Examined and their
testimony reduced to writing and attached to the will and filed therewith
and it appearing to the Court that the Said will was duly Executed &
attested and that the said testator at the time of Executing the Same
was of full age and of Sound mind and memory it therefore
considered and ordered that the Said will be admitted and Probate
& recorded as duly Proved as the last will and testaments of
the Said James K McElroy deceased and Be recorded as Such
B.C. Waters Probate Judge
Copy of the Will
I James K McElroy of Delaware Delaware County State of Ohio
being of sound and disposing mind and memory and understanding being
Eighty three years of age do make and publish this my last will
and testament hereby revoking and making null and void all former
last wills and testament or writings in the form or for the Purposes of
Last will and testament by me heretofore made
In the Name of God Amen
1st I will that my body be decently and properly committed to the Grave
to return to the dust from whence it came and my spirit to
God who Gave it
2d I wish all my Just debts and funeral Expenses to be paid by my
Executor hereafter named
3d I Give and bequeath to my beloved wife Hester McElroy the house
and Lot in which we now reside in Said Town of Delaware being
apart of in Lot No 2 and all the beds and bedding and household
furniture during her natural life also the Interest of four hundred dollars
now owing me by my Son John McElroy also the Interest of Ninety
dollars now owing me by my Son Charles A. McElroy and if that
is not Sufficient for her Support She is to use the balance necessary
for her comfortable Support out of my Estate
4th After the death of my Said beloved wife It is my will and wish
that the House and Lot before mentioned and all my personal
property not consumed for the Support of my wife aforesaid and
not disposed of by her be Sold and after paying all expenses attending
the Same the proceeds thereof be divided equally between my
[corresponds to labeled page 196 of Will Records Vol. 5 [1869-1876]
196
Record of the last will and testament of James K McElroy decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 1st day of May 1872
B.C. Waters Probate Judge
Will and Estate of James K McElroy deceased
This day the Last Will and testament of James K McElroy deceased were
presented for Probate and Record whereupon Thomas W Cox one of the
Subscribing witnesses thereto came and was 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 James Eaton
the other Subscribing witnesses was now deceased thereupon Thos
W Cox and George C Eaton was duly Sworn and Examined and their
testimony reduced to writing and attached to the will and filed therewith
and it appearing to the Court that the Said will was duly Executed &
attested and that the said testator at the time of Executing the Same
was of full age and of Sound mind and memory it therefore
considered and ordered that the Said will be admitted and Probate
& recorded as duly Proved as the last will and testaments of
the Said James K McElroy deceased and Be recorded as Such
B.C. Waters Probate Judge
Copy of the Will
I James K McElroy of Delaware Delaware County State of Ohio
being of sound and disposing mind and memory and understanding being
Eighty three years of age do make and publish this my last will
and testament hereby revoking and making null and void all former
last wills and testament or writings in the form or for the Purposes of
Last will and testament by me heretofore made
In the Name of God Amen
1st I will that my body be decently and properly committed to the Grave
to return to the dust from whence it came and my spirit to
God who Gave it
2d I wish all my Just debts and funeral Expenses to be paid by my
Executor hereafter named
3d I Give and bequeath to my beloved wife Hester McElroy the house
and Lot in which we now reside in Said Town of Delaware being
apart of in Lot No 2 and all the beds and bedding and household
furniture during her natural life also the Interest of four hundred dollars
now owing me by my Son John McElroy also the Interest of Ninety
dollars now owing me by my Son Charles A. McElroy and if that
is not Sufficient for her Support She is to use the balance necessary
for her comfortable Support out of my Estate
4th After the death of my Said beloved wife It is my will and wish
that the House and Lot before mentioned and all my personal
property not consumed for the Support of my wife aforesaid and
not disposed of by her be Sold and after paying all expenses attending
the Same the proceeds thereof be divided equally between my
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 230)
Description
[page 230]
[corresponds to labeled page 197 of Will Records Vol. 5 [1869-1876]
197
Record of the Last Will & testament of James K McElroy deceased
five Sons John McElroy William McElroy James McElroy Charles McElroy
and Thomas McElroy of Thomas McElroy should die before Settlement of
my Estate after the death of my beloved wife his Share is to be Given his Son
Chancy McElroy and of James McElroy Should die before the above Stated
time of the Settlement of my Estate his Share is to be given to be given to his
daughter Prudence however it is my will and bequest that Charles McElroy
Note which I hold draw only Six percent interest after my decease And Provided
further that my beloved wife Hester McElroy be and is hereby authorized
and it is my will that She have full control of all her clothing and Such House
hold furniture as She may wish to dispose of as she may think but
It is also my will and request that if Alexander [illegible] while a young
man be Sick and not able to take care of himself that he be taken
care of out of my Property And I further will and bequeath to Said Alexander
[illegible] my best coat if he thinks it worth taking
I do hereby nominate & appoint my sons John McElroy and Charles
McElroy my Sole executors of this my last will and testament
In testimony whereof I James K McElroy have have subscribed my
name and affixed my seal this Ninth day of November AD 1863
Jas K McElroy {seal}
Signed and acknowledged and declared
by Said James K McElroy to be his last will and testament in presence of us
who at his request Signed the Same in his presence and in the Presence of
each other as witnesses to the Same James Eaton
Thos. W. Cox
Will and Estate of James K McElroy deceased
The State of Ohio Delaware County SS
In the matter of the last will and testament of James K McElroy decd
I Thos W Cox being duly sworn in open Court this 1st day of May
AD 1872 depose and Say that I was present at the Execution of the last
will and testament of James K McElroy deceased hereunto annexed
bearing date Ninth day of November 1863 that I Saw the Said testator
Subscribe Said will and heard him publish and declare the Same to be
his last will and testament that the testator at the time of Executing the Same
was of full age and of Sound mind and memory and not under any restraint
and that I Signed the Same as witnesses at his request and in his presence and in
the presence of each other Thos W Cox
Sworn to and Subscribed before me this 1st day of May 1872 in Probate Court
B C Waters Probate Judge
Delaware Ohio May 1st 1872 In the matter of the last will and testament
of James K McElroy deceased It appearing to the Court that James
Eaton one of the Subscribing witnesses to Said will is now deceased Thereupon
Thos W Cox and George C Eaton appeared in open Court this 1st day of May AD 1872
and after being duly Sworn depose and Say that they are well acquainted with the
hand
writing of James Eaton whose name appears as one of the Subscribing witnesses to
Said
will is in the hand writing of Said James Eaton deceased as they hereby believe
and
Said Thos W Cox further States that he was present and Saw the Said James Eaton
subscribe
his name as witness witness to Said will and that the foregoing Statement is true
of his own
known life Sworn to before me in Probate Court this 1st day of May 1872}
Thos W Cox
B.C. Waters Probate Judge G C Eaton
[corresponds to labeled page 197 of Will Records Vol. 5 [1869-1876]
197
Record of the Last Will & testament of James K McElroy deceased
five Sons John McElroy William McElroy James McElroy Charles McElroy
and Thomas McElroy of Thomas McElroy should die before Settlement of
my Estate after the death of my beloved wife his Share is to be Given his Son
Chancy McElroy and of James McElroy Should die before the above Stated
time of the Settlement of my Estate his Share is to be given to be given to his
daughter Prudence however it is my will and bequest that Charles McElroy
Note which I hold draw only Six percent interest after my decease And Provided
further that my beloved wife Hester McElroy be and is hereby authorized
and it is my will that She have full control of all her clothing and Such House
hold furniture as She may wish to dispose of as she may think but
It is also my will and request that if Alexander [illegible] while a young
man be Sick and not able to take care of himself that he be taken
care of out of my Property And I further will and bequeath to Said Alexander
[illegible] my best coat if he thinks it worth taking
I do hereby nominate & appoint my sons John McElroy and Charles
McElroy my Sole executors of this my last will and testament
In testimony whereof I James K McElroy have have subscribed my
name and affixed my seal this Ninth day of November AD 1863
Jas K McElroy {seal}
Signed and acknowledged and declared
by Said James K McElroy to be his last will and testament in presence of us
who at his request Signed the Same in his presence and in the Presence of
each other as witnesses to the Same James Eaton
Thos. W. Cox
Will and Estate of James K McElroy deceased
The State of Ohio Delaware County SS
In the matter of the last will and testament of James K McElroy decd
I Thos W Cox being duly sworn in open Court this 1st day of May
AD 1872 depose and Say that I was present at the Execution of the last
will and testament of James K McElroy deceased hereunto annexed
bearing date Ninth day of November 1863 that I Saw the Said testator
Subscribe Said will and heard him publish and declare the Same to be
his last will and testament that the testator at the time of Executing the Same
was of full age and of Sound mind and memory and not under any restraint
and that I Signed the Same as witnesses at his request and in his presence and in
the presence of each other Thos W Cox
Sworn to and Subscribed before me this 1st day of May 1872 in Probate Court
B C Waters Probate Judge
Delaware Ohio May 1st 1872 In the matter of the last will and testament
of James K McElroy deceased It appearing to the Court that James
Eaton one of the Subscribing witnesses to Said will is now deceased Thereupon
Thos W Cox and George C Eaton appeared in open Court this 1st day of May AD 1872
and after being duly Sworn depose and Say that they are well acquainted with the
hand
writing of James Eaton whose name appears as one of the Subscribing witnesses to
Said
will is in the hand writing of Said James Eaton deceased as they hereby believe
and
Said Thos W Cox further States that he was present and Saw the Said James Eaton
subscribe
his name as witness witness to Said will and that the foregoing Statement is true
of his own
known life Sworn to before me in Probate Court this 1st day of May 1872}
Thos W Cox
B.C. Waters Probate Judge G C Eaton
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 231)
Description
[page 231]
[corresponds to labeled page 198 of Will Records Vol. 5 [1869-1876]
198
Record of the Last Will and testament Peter Schultz decd
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on 3d day of June 1872
Will and Estate of peter Schultz deceased
On Thursday the Last Will and Testament of Peter Schultz deceased
were presented for Probate and Record whereupon Hugh Cole
and Solomon Boyer the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing
and annexed to the will and filed therewith And it appear
-ing 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 it is therefore considered and ordered that the
will be admitted to Probate and Record as duly Proved
as the Last will and testament of Peter Schultz decd and
be recorded and at the Same Henry Coleman Executor
named in the will Gave Bond in the Sum of with
Hugh Cole and Solomon Boyer Surtee Bond accepted
Letters Issue etc B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Peter Schultz
of the County of Delaware and State of Ohio do make my Last
Will and testament
1st I bequeath to my Daughter Nancy Mariah Schultz $5.00
To my son Henry P. Schultz $105.00
To my son John V. Schultz $95.00
To my son James B Schultz $105.00
as Soon as they may come of legal age or as soon
as will be convenient for my Executor to do so and I do
appoint Henry Coleman my legal Executor to Settle up my
Estate Both real and Personal and after paying all my Just
debts and expenses thereto divide the Balance Equally between
my Said heirs Peter Schultz {seal}
Attest
Signed Sealed in our presence and Signed by him in our presence
April 15 1872 } Hugh Cole
The State of Ohio Delaware County ss } Solomon Boyer
In the mater of the Last will and testament of Peter Schultz deceased we Hugh Cole and
Solomon Boyer Being duly Sworn in open court this 3d day of June AD 1872 depose and Say
that we were present at the execution of the Last will and testament Peter Schultz decd of
Delaware County hereunto annexed bearing date April 15th 1872 that we Saw the Said testator
Subscribe Said will and heard him publish and 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 } Hugh Cole
Sworn to and Subscribed before in Probate Court this } Solomon Boyer
3d day of June AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 198 of Will Records Vol. 5 [1869-1876]
198
Record of the Last Will and testament Peter Schultz decd
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on 3d day of June 1872
Will and Estate of peter Schultz deceased
On Thursday the Last Will and Testament of Peter Schultz deceased
were presented for Probate and Record whereupon Hugh Cole
and Solomon Boyer the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing
and annexed to the will and filed therewith And it appear
-ing 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 it is therefore considered and ordered that the
will be admitted to Probate and Record as duly Proved
as the Last will and testament of Peter Schultz decd and
be recorded and at the Same Henry Coleman Executor
named in the will Gave Bond in the Sum of with
Hugh Cole and Solomon Boyer Surtee Bond accepted
Letters Issue etc B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Peter Schultz
of the County of Delaware and State of Ohio do make my Last
Will and testament
1st I bequeath to my Daughter Nancy Mariah Schultz $5.00
To my son Henry P. Schultz $105.00
To my son John V. Schultz $95.00
To my son James B Schultz $105.00
as Soon as they may come of legal age or as soon
as will be convenient for my Executor to do so and I do
appoint Henry Coleman my legal Executor to Settle up my
Estate Both real and Personal and after paying all my Just
debts and expenses thereto divide the Balance Equally between
my Said heirs Peter Schultz {seal}
Attest
Signed Sealed in our presence and Signed by him in our presence
April 15 1872 } Hugh Cole
The State of Ohio Delaware County ss } Solomon Boyer
In the mater of the Last will and testament of Peter Schultz deceased we Hugh Cole and
Solomon Boyer Being duly Sworn in open court this 3d day of June AD 1872 depose and Say
that we were present at the execution of the Last will and testament Peter Schultz decd of
Delaware County hereunto annexed bearing date April 15th 1872 that we Saw the Said testator
Subscribe Said will and heard him publish and 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 } Hugh Cole
Sworn to and Subscribed before in Probate Court this } Solomon Boyer
3d day of June AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 232)
Description
[page 232]
[corresponds to labeled page 199 of Will Records Vol. 5 [1869-1876]
199
Record of the Last Will and Testament of Isaac Fleming decd
Proceedings had before the Hon B C Waters Judge of the
Probate Cort within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware on the 5th day
of June 1872.
Will of Isaac Fleming
This day the last will and testament of Isaac Fleming deceased was
presented for Probate and Record whereupon Joseph C Porter and Joseph
J. Porter the subscribing witnesses thereto and 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 Isaac Fleming
was 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 con-
sidered and ordered that the said will be admitted to Probate and
Record as duly Proved as the Last will and testament of the said
Isaac Fleming and be Recorded as such and at the same time came
James Fleming and Nelson Fleming the executors named in the
will and gave bond in the sum of Eight Thousand dollars with
Joseph C Porter and James R Hubbell as Sureties. Bond accepted,
Letters Issued etc.
B.C. Waters Probate Judge
"Copy of Will"
"In the name of the Benevolent Father of all I, Isaac Fleming
of the County of Delaware in the State of Ohio do make and publish
this my last will and testament as follows:
1st I will and devise that my funeral expenses and all my just debts
be fully paid out of my estate.
2nd I give devise and bequeath to Benjamin Fleming my eldest
Son the following described premises Situate in Lincoln Township
in the County of Morrow in the State of Ohio and being the South west
quarter of Section number thirteen (13) in Township No Seven (7) in
Range No Seventeen (17) in the United States Military district in
the State of Ohio containing 46 acres and 75/160 and also I give and
bequeath to said Benjamin Fleming the north west quarter of
the north west quarter of Section number Eighteen (18) in Township
No Seven (7) in Range No Seventeen (17) in said military district
in said Lincoln Township in Morrow County Ohio containing
41 acres and 132/160 and also I give and devise to said Benjamin Flem-
ing fifteen acres of land in the north east corner of Section No
Seventeen (17) in Township No (7) Seven in Range No Seventeen (17)
in said United States Military district and in Said Lincoln Town-
ship and Bounded as follows Beginning at the North East Corner of
said Section No Seventeen (17): thence west along the Section line
forty poles to a post: thence South three fourths degrees west forty
poles to a Post: thence South 88" and 30' East twenty poles to a post:
thence south three fourths degrees west forty poles to a post: thence
South 88" and 30' east twenty poles to a post set in the east line of
said section: thence north three fourths degrees East along the Section
[corresponds to labeled page 199 of Will Records Vol. 5 [1869-1876]
199
Record of the Last Will and Testament of Isaac Fleming decd
Proceedings had before the Hon B C Waters Judge of the
Probate Cort within and for the County of Delaware and State of Ohio
at his Office in the Court House in the Town of Delaware on the 5th day
of June 1872.
Will of Isaac Fleming
This day the last will and testament of Isaac Fleming deceased was
presented for Probate and Record whereupon Joseph C Porter and Joseph
J. Porter the subscribing witnesses thereto and 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 Isaac Fleming
was 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 con-
sidered and ordered that the said will be admitted to Probate and
Record as duly Proved as the Last will and testament of the said
Isaac Fleming and be Recorded as such and at the same time came
James Fleming and Nelson Fleming the executors named in the
will and gave bond in the sum of Eight Thousand dollars with
Joseph C Porter and James R Hubbell as Sureties. Bond accepted,
Letters Issued etc.
B.C. Waters Probate Judge
"Copy of Will"
"In the name of the Benevolent Father of all I, Isaac Fleming
of the County of Delaware in the State of Ohio do make and publish
this my last will and testament as follows:
1st I will and devise that my funeral expenses and all my just debts
be fully paid out of my estate.
2nd I give devise and bequeath to Benjamin Fleming my eldest
Son the following described premises Situate in Lincoln Township
in the County of Morrow in the State of Ohio and being the South west
quarter of Section number thirteen (13) in Township No Seven (7) in
Range No Seventeen (17) in the United States Military district in
the State of Ohio containing 46 acres and 75/160 and also I give and
bequeath to said Benjamin Fleming the north west quarter of
the north west quarter of Section number Eighteen (18) in Township
No Seven (7) in Range No Seventeen (17) in said military district
in said Lincoln Township in Morrow County Ohio containing
41 acres and 132/160 and also I give and devise to said Benjamin Flem-
ing fifteen acres of land in the north east corner of Section No
Seventeen (17) in Township No (7) Seven in Range No Seventeen (17)
in said United States Military district and in Said Lincoln Town-
ship and Bounded as follows Beginning at the North East Corner of
said Section No Seventeen (17): thence west along the Section line
forty poles to a post: thence South three fourths degrees west forty
poles to a Post: thence South 88" and 30' East twenty poles to a post:
thence south three fourths degrees west forty poles to a post: thence
South 88" and 30' east twenty poles to a post set in the east line of
said section: thence north three fourths degrees East along the Section
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 233)
Description
[page 233]
[corresponds to labeled page 200 of Will Records Vol. 5 [1869-1876]
200
line Eighty Poles to the place of Beginning. To have and to hold the
aforesaid parcels of Land with the appurtenances thereunto belong
ing to him the said Benjamin Fleming and to his heirs and assigns
forever as an Estate in fee Simple on the condition that he will
will and truly pay to William White my Grand Son Sicty ($60) dollars
within one year after my decease and truly pay such other sums of
money as I may hereafter devise on design for him to pay in this
will or codicil thereto.
Item 3rd I give devise and bequeath to James Fleming my Second Son all of
the following described premises Situate in Peru Township in the
County of Morrow in the State of Ohio and in the third Section in
the Sixth (6) Township in the Seventeenth Range in the United
States Military district in said State of Ohio and being a part of
the west part of lot No (12) twelve as designated on the tax duplicate
and Bounded as follows: Beginning on the center division line of said
Section at a Stone on a post at the South west corner of twenty five
acres of land formerly owned by Isaad Thurston and now owned by
Aaron Julia: thence north along said center division line
One Hundred and Seven Perches and 4/100 (107 4/100) to the north west corner
of said Lot No 12 in a white maple Swamp: thence continuing north
on said center division line nine perches to a Stone on post in
said Maple Swamp: thence east on a line through lot No 21 surveyed
by James Eaton in September 1848 Seventy perches to a post Eight per-
ches east of a corner made at Charles Neils Survey on July 6th 1857: thence
South one and 1/4 degrees west nine perches to the north line of said Lot
No 12: thence continuing on the same course South thirty perches and
eighteen links to a post set eight perches east of a corner made at
the said Survey of Charles Neil: thence South Eight nine degrees East
Eighty Six perches and three fourths of a perch along a line Surveyed by
said Neil to post at the west edge or side of the State road leading
from Worthington to New Haven: thence South forty and a half degrees East-
Eleven poles and Seven lines to a Hickory 10 inches in diameter: thence South
Sixty four degrees East thirty nine perches and one third to a Stone on
a post on the west bank on shore of Allum Creek: thence up along said
shore Seven perches to Stone on post: thence East about two or three
perches to the center of said Creek: thence down the center of said
Creek with the meanders thereof to the north line of land owned by
William S Riley: thence west along the north line of said Riley's
land and along the north line of land formerly owned by Benjamin
Purniton and along the north line of the aforesaid Julianland - perches
and - linde to the place of beginning containing Ninety nine acres and
107 perches of the west part of said lot No 12 and three acres and 180 perches
of the west part of the South part of said lot No (21) twenty-one.
To have and to hold the aforesaid parcels of land with the appurtenances
thereunto, to him the said James Fleming his heirs and assigns for-
ever as an Estate in fee Simple on the condition that the said
James Fleming his heirs or assigns shall truly pay to William
White my grand Son, Sixty ($60) dollars within One year after my
[corresponds to labeled page 200 of Will Records Vol. 5 [1869-1876]
200
line Eighty Poles to the place of Beginning. To have and to hold the
aforesaid parcels of Land with the appurtenances thereunto belong
ing to him the said Benjamin Fleming and to his heirs and assigns
forever as an Estate in fee Simple on the condition that he will
will and truly pay to William White my Grand Son Sicty ($60) dollars
within one year after my decease and truly pay such other sums of
money as I may hereafter devise on design for him to pay in this
will or codicil thereto.
Item 3rd I give devise and bequeath to James Fleming my Second Son all of
the following described premises Situate in Peru Township in the
County of Morrow in the State of Ohio and in the third Section in
the Sixth (6) Township in the Seventeenth Range in the United
States Military district in said State of Ohio and being a part of
the west part of lot No (12) twelve as designated on the tax duplicate
and Bounded as follows: Beginning on the center division line of said
Section at a Stone on a post at the South west corner of twenty five
acres of land formerly owned by Isaad Thurston and now owned by
Aaron Julia: thence north along said center division line
One Hundred and Seven Perches and 4/100 (107 4/100) to the north west corner
of said Lot No 12 in a white maple Swamp: thence continuing north
on said center division line nine perches to a Stone on post in
said Maple Swamp: thence east on a line through lot No 21 surveyed
by James Eaton in September 1848 Seventy perches to a post Eight per-
ches east of a corner made at Charles Neils Survey on July 6th 1857: thence
South one and 1/4 degrees west nine perches to the north line of said Lot
No 12: thence continuing on the same course South thirty perches and
eighteen links to a post set eight perches east of a corner made at
the said Survey of Charles Neil: thence South Eight nine degrees East
Eighty Six perches and three fourths of a perch along a line Surveyed by
said Neil to post at the west edge or side of the State road leading
from Worthington to New Haven: thence South forty and a half degrees East-
Eleven poles and Seven lines to a Hickory 10 inches in diameter: thence South
Sixty four degrees East thirty nine perches and one third to a Stone on
a post on the west bank on shore of Allum Creek: thence up along said
shore Seven perches to Stone on post: thence East about two or three
perches to the center of said Creek: thence down the center of said
Creek with the meanders thereof to the north line of land owned by
William S Riley: thence west along the north line of said Riley's
land and along the north line of land formerly owned by Benjamin
Purniton and along the north line of the aforesaid Julianland - perches
and - linde to the place of beginning containing Ninety nine acres and
107 perches of the west part of said lot No 12 and three acres and 180 perches
of the west part of the South part of said lot No (21) twenty-one.
To have and to hold the aforesaid parcels of land with the appurtenances
thereunto, to him the said James Fleming his heirs and assigns for-
ever as an Estate in fee Simple on the condition that the said
James Fleming his heirs or assigns shall truly pay to William
White my grand Son, Sixty ($60) dollars within One year after my
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 234)
Description
[page 234]
[corresponds to labeled page 201 of Will Records Vol. 5 [1869-1876]
201
decease and truly pay such other sums of money as I may hereinafter
in this will or a codicil thereto devise or design for him to pay.
Item 4th I give devise and bequeath to Washington Fleming my third
Son the following described premises, situate in the Township
of Lincoln in the County of Morrow in the State of Ohio and being
the west half of the South East quarter of Section No (14) fourteen in
Township No (7) Seven in Range No (17) Seventeen in the United States
Military district in said State of Ohio. Bounded on the West by land
formerly owned by David Mitchell on the east by land owned by
Jacob Snyder on the north by the Center of the County road runn-
ing across the South end of the Mud Rut Pravia so called, and on
the South by land owned by Wm Hart and land of said Washington
said west half containing Ninety acres of land more or less.
To have and to hold said premises with the appurtenances therein
to to him the said Washington Fleming his heirs and assigns forever
as an Estate in fee Simple upon the condition that the said Wash-
ington his heirs or assigns shall truly pay to William White my
grand Son ($60) dollars within one year after my decease and truly
pay such other sum of money as I may hereafter in this will on
a codicil thereunto devise or design for him to pay.
Item 5th I give and devise & bequeath to Nelson Fleming my fourth Son, all
of the following premises and parcels of land Situate a parcel in
Kingston Township in the county of Delaware in the State of Ohio,
and being the west part of Lot No (21) twenty one in the "Todd Land"
and in the north west corner of Section No (2) two in Township
No (5) five in Range Seventeen in the United States Military dist-
rict in said State of Ohio and Bounded as follows: Beginning at
a Stone on post at the north west corner of said Section and lot: thence
South along the Range line between the Seventeenth and Eighteenth
Range, One hundred and Seventy perches and 82/100 to a Stone on post:
thence east along the line between said lot No 21 and lot No 22 Sixty-
Seven perches and 14/100 to a Stone on post: thence north one degree 19
minutes East along the division line of said lot No 21 Sixty
nine and 4/100 (69 4/100) perches to a Stone on post on the north Bank or
shore of Allum Creek with the Meanders thereof South 61" west
12 perches to post: thence South 45" west 19 perches to post: thence
South 67" west 1 88/100 perches to post: thence north one degree 19
minutes East along the division line of said lot No 21 One
hundred and twenty two perches to a Stone on post Set on the Section
line: thence north 88" 26' west along the Section line forth one
perches and 42/100 to the place of beginning containing fifty three
acres and 139 76 ½/100 perches of land. Also I give and beqeuath to said
Nelson Fleming the East part of lot No (1) one Situate in Section
one in Township five in Range Eighteen in the United State Mil-
itary district in Delaware County in said State of Ohio and in
Brown Township: Bounded as follows: Beginning a Stone
on a post at the north East corner of said Lot and Section No (1)
one: thence South along the Range line One hundred and Sixty (160)
[corresponds to labeled page 201 of Will Records Vol. 5 [1869-1876]
201
decease and truly pay such other sums of money as I may hereinafter
in this will or a codicil thereto devise or design for him to pay.
Item 4th I give devise and bequeath to Washington Fleming my third
Son the following described premises, situate in the Township
of Lincoln in the County of Morrow in the State of Ohio and being
the west half of the South East quarter of Section No (14) fourteen in
Township No (7) Seven in Range No (17) Seventeen in the United States
Military district in said State of Ohio. Bounded on the West by land
formerly owned by David Mitchell on the east by land owned by
Jacob Snyder on the north by the Center of the County road runn-
ing across the South end of the Mud Rut Pravia so called, and on
the South by land owned by Wm Hart and land of said Washington
said west half containing Ninety acres of land more or less.
To have and to hold said premises with the appurtenances therein
to to him the said Washington Fleming his heirs and assigns forever
as an Estate in fee Simple upon the condition that the said Wash-
ington his heirs or assigns shall truly pay to William White my
grand Son ($60) dollars within one year after my decease and truly
pay such other sum of money as I may hereafter in this will on
a codicil thereunto devise or design for him to pay.
Item 5th I give and devise & bequeath to Nelson Fleming my fourth Son, all
of the following premises and parcels of land Situate a parcel in
Kingston Township in the county of Delaware in the State of Ohio,
and being the west part of Lot No (21) twenty one in the "Todd Land"
and in the north west corner of Section No (2) two in Township
No (5) five in Range Seventeen in the United States Military dist-
rict in said State of Ohio and Bounded as follows: Beginning at
a Stone on post at the north west corner of said Section and lot: thence
South along the Range line between the Seventeenth and Eighteenth
Range, One hundred and Seventy perches and 82/100 to a Stone on post:
thence east along the line between said lot No 21 and lot No 22 Sixty-
Seven perches and 14/100 to a Stone on post: thence north one degree 19
minutes East along the division line of said lot No 21 Sixty
nine and 4/100 (69 4/100) perches to a Stone on post on the north Bank or
shore of Allum Creek with the Meanders thereof South 61" west
12 perches to post: thence South 45" west 19 perches to post: thence
South 67" west 1 88/100 perches to post: thence north one degree 19
minutes East along the division line of said lot No 21 One
hundred and twenty two perches to a Stone on post Set on the Section
line: thence north 88" 26' west along the Section line forth one
perches and 42/100 to the place of beginning containing fifty three
acres and 139 76 ½/100 perches of land. Also I give and beqeuath to said
Nelson Fleming the East part of lot No (1) one Situate in Section
one in Township five in Range Eighteen in the United State Mil-
itary district in Delaware County in said State of Ohio and in
Brown Township: Bounded as follows: Beginning a Stone
on a post at the north East corner of said Lot and Section No (1)
one: thence South along the Range line One hundred and Sixty (160)
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 235)
Description
[page 235]
[corresponds to labeled page 202 of Will Records Vol. 5 [1869-1876]
202
perches to a stone on a post: thence west along the lot line forty perches
and 96/100 to a post and small Stone near the east Shore Allum Creek.
Honey locust south of said post and stone five and 3/4 links: thence north forty
and a half degrees east forty perches to a small red elm tree ten inches diam-
eter Standing by the fence and bars at the end of the land on the north side of
Allum Creek: thence north thirty two and a half degrees west along the land
across the botton land thirty four perches and 3/4 to a Stone by a post on
the East side of a spring run, said stone and post set six links South
33 degrees east from a post set in the edge of said Spring run by a survey
of charles Neil made on July the 6th 1857. Hickory 8 inches diameter
north thirty nine degrees west 22½ links from the post set by charles
Neils Survey: thence north forth five degrees East Eleven perches and ten
links to post on top of hill: thence north ten and a half degrees east Seven
perches on the east bank of the ravine that Spring run is in to a lime
Stone on a post from said Stone and post is a walnut tree 8 inches di-
ameter Southwesterly 23½ links on Bank of said ravine: thence north
forty one degrees west about fifty three perches to a lime Stone Set
by the East side of a white oak stump, said stump standing five per-
ches and thirteen feet from the most southerly corner of the barn standing
on said East part of lot No one: thence north thirty Six degrees west
along the line surveyed by Chas Neil on July 6th 1857, Eleven perches and five
feet to a post set in the center of the State road leading from Worthington
to New haven, said post in road is about Seven perches from the most
westerly corner of said Barn: thence north forty seven degrees east along
said road about 35 or 36 perches to a post: thence north - perches
to a post and stone set on the north line of said lot No (1) one distant
forty five perches west from the north east corner of Said lot No (1) one:
thence East along the section line forth five perches to the place of
begining containing thirty nine acres and 120 perches of land be the
same more or less: Also I give and bequeath to said Nelson Fleming
nine (9) acres of land situate in the fourth Section, in the Sixty town-
ship in the Eighteenth Range USM. district in said County of Delaware Ohio.
and in the South East corner of Oxford township Bounded as follows.
Beginning at a stone at the South East corner of said Section fourth:
thence west along the Section line forth five (45) perches to a post: thence
north on a line runing paralell with the east line of said section,
thirty two perches to a post on Norton Thurstons land line: thence-
East on a line runing paralell with the South line of said Section,
forty five (45) perches to a post and Stone on the East line of said Section:
thence South along the Range line thirty-two perches to the place of
begining. Provided however I hereby reserve the privilege of a road
or passway over and across that part of said lot number one (1) that lies
on the south side of Allum Creek, for Sidney Fleming his heirs and
assings forever to pass over and repass with team and wagon and other
things &c to and from the land hereinafter in this will given to said
Sidney Fleming his heirs or assigns doing as little damage as may
be possible and shutting all gates and Barrs in passing over said lot
No (1) one. To have and to hold the said described premises or parcels
[corresponds to labeled page 202 of Will Records Vol. 5 [1869-1876]
202
perches to a stone on a post: thence west along the lot line forty perches
and 96/100 to a post and small Stone near the east Shore Allum Creek.
Honey locust south of said post and stone five and 3/4 links: thence north forty
and a half degrees east forty perches to a small red elm tree ten inches diam-
eter Standing by the fence and bars at the end of the land on the north side of
Allum Creek: thence north thirty two and a half degrees west along the land
across the botton land thirty four perches and 3/4 to a Stone by a post on
the East side of a spring run, said stone and post set six links South
33 degrees east from a post set in the edge of said Spring run by a survey
of charles Neil made on July the 6th 1857. Hickory 8 inches diameter
north thirty nine degrees west 22½ links from the post set by charles
Neils Survey: thence north forth five degrees East Eleven perches and ten
links to post on top of hill: thence north ten and a half degrees east Seven
perches on the east bank of the ravine that Spring run is in to a lime
Stone on a post from said Stone and post is a walnut tree 8 inches di-
ameter Southwesterly 23½ links on Bank of said ravine: thence north
forty one degrees west about fifty three perches to a lime Stone Set
by the East side of a white oak stump, said stump standing five per-
ches and thirteen feet from the most southerly corner of the barn standing
on said East part of lot No one: thence north thirty Six degrees west
along the line surveyed by Chas Neil on July 6th 1857, Eleven perches and five
feet to a post set in the center of the State road leading from Worthington
to New haven, said post in road is about Seven perches from the most
westerly corner of said Barn: thence north forty seven degrees east along
said road about 35 or 36 perches to a post: thence north - perches
to a post and stone set on the north line of said lot No (1) one distant
forty five perches west from the north east corner of Said lot No (1) one:
thence East along the section line forth five perches to the place of
begining containing thirty nine acres and 120 perches of land be the
same more or less: Also I give and bequeath to said Nelson Fleming
nine (9) acres of land situate in the fourth Section, in the Sixty town-
ship in the Eighteenth Range USM. district in said County of Delaware Ohio.
and in the South East corner of Oxford township Bounded as follows.
Beginning at a stone at the South East corner of said Section fourth:
thence west along the Section line forth five (45) perches to a post: thence
north on a line runing paralell with the east line of said section,
thirty two perches to a post on Norton Thurstons land line: thence-
East on a line runing paralell with the South line of said Section,
forty five (45) perches to a post and Stone on the East line of said Section:
thence South along the Range line thirty-two perches to the place of
begining. Provided however I hereby reserve the privilege of a road
or passway over and across that part of said lot number one (1) that lies
on the south side of Allum Creek, for Sidney Fleming his heirs and
assings forever to pass over and repass with team and wagon and other
things &c to and from the land hereinafter in this will given to said
Sidney Fleming his heirs or assigns doing as little damage as may
be possible and shutting all gates and Barrs in passing over said lot
No (1) one. To have and to hold the said described premises or parcels
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 236)
Description
[page 236]
[corresponds to labeled page 203 of Will Records Vol. 5 [1869-1876]
203
of land with the appurtenances thereunto to him the said Nelson
Fleming and to his heirs and assigns forever as an estate in fee Simple
subject however to the aforesaid reserve and upon the condition that
the said Nelson Fleming his heirs and assigns shall truly pay to
William White my grandson Sixty-dollars (60) within one year
after my decease and shall truly pay such other sums of money as I
may hereafter in this will or a codicil thereto devise or design for
him to pay.
Item 6th I give devise and bequeath to Sidney Fleming my fifth Son the
following premises and parcels of land Situate in Brown and Oxford
Township in the County of Delaware in the State of Ohio: Bounded
and described as follows in Brown Township, Beginning at a Stone
on a post at the north west corner of Lot No one (1) in Section one
in Township five in Range Eighteen (18) in the United States Military
district in said State of Ohio, running thence South along the Lot line
one hundred and Sixty perches to a stone on post at the corner of Lots
1.2 & 15 & 16 in said Section: thence east along the lot line Fifty nine
perches and 1/4 to a post and small stone near the East shore of Allum
Creek Honey Locust south of said post 5 3/4 links: thence north forth and
a half degrees East forty perches to a Red Elm tree ten inches diam-
eter standing by the fence at the end of the land on the north side of
Allum Creek: thence north thirty two and a half degrees west along
the land across the bottom thirty four perches and three fourths of a
perch to a stone by a post set Six links south 33 East from the post
set in the East Edge of a spring run, by the survey of Charles Neil
on the 6th of July 1857 Hickory 8 inches diameter North 39 West 22 1/2 link
from the said post set at Charles Neils Survey: thence north 45 East
Eleven perches and ten links to a post on top of hill: thence north
10 1/2 East Seven perches along on the East bank of the ravine that said
Spring run is in, to a lime Stone on a post from said Stone is
a walnut tree 8 inches diameter Southwesterly 23 1/2 links on bank
of said ravine: thence north forty one degrees west about fifty
three perches to a lime Stone set by the east side of a white Oak
stump standing five perches and 13 feet from the most Southerly cor-
ner of the Barn Standing on the east side of the lane: thence North
thirty six degrees west Eleven perches and five feet to a post set in cen-
ter of the state road leading from Worthington to New Haven said
post in said road is about Seven perches from the most westerly
corner of said Barn Hickory 8 inches diameter South 23 west 101 3/4
links: thence north forty seven degrees East along said road to
about 35 or 36 perches to a post: thence North perches links to
a post set on the north line of said lot No on distant (45) forty
five perches west from the north east corner of said Lot No one:
thence west along the section line fifty five (55) perches to the
place of beginning containing Sixty (60) acres and forty (40) perches
of land be the same more or less. Also I give devise and bequeath
to said Sidney Fleming twenty seven acres and 100/160 perches of Land
being a part of the North part of Lot No Sixteen in said Section No (1)
[corresponds to labeled page 203 of Will Records Vol. 5 [1869-1876]
203
of land with the appurtenances thereunto to him the said Nelson
Fleming and to his heirs and assigns forever as an estate in fee Simple
subject however to the aforesaid reserve and upon the condition that
the said Nelson Fleming his heirs and assigns shall truly pay to
William White my grandson Sixty-dollars (60) within one year
after my decease and shall truly pay such other sums of money as I
may hereafter in this will or a codicil thereto devise or design for
him to pay.
Item 6th I give devise and bequeath to Sidney Fleming my fifth Son the
following premises and parcels of land Situate in Brown and Oxford
Township in the County of Delaware in the State of Ohio: Bounded
and described as follows in Brown Township, Beginning at a Stone
on a post at the north west corner of Lot No one (1) in Section one
in Township five in Range Eighteen (18) in the United States Military
district in said State of Ohio, running thence South along the Lot line
one hundred and Sixty perches to a stone on post at the corner of Lots
1.2 & 15 & 16 in said Section: thence east along the lot line Fifty nine
perches and 1/4 to a post and small stone near the East shore of Allum
Creek Honey Locust south of said post 5 3/4 links: thence north forth and
a half degrees East forty perches to a Red Elm tree ten inches diam-
eter standing by the fence at the end of the land on the north side of
Allum Creek: thence north thirty two and a half degrees west along
the land across the bottom thirty four perches and three fourths of a
perch to a stone by a post set Six links south 33 East from the post
set in the East Edge of a spring run, by the survey of Charles Neil
on the 6th of July 1857 Hickory 8 inches diameter North 39 West 22 1/2 link
from the said post set at Charles Neils Survey: thence north 45 East
Eleven perches and ten links to a post on top of hill: thence north
10 1/2 East Seven perches along on the East bank of the ravine that said
Spring run is in, to a lime Stone on a post from said Stone is
a walnut tree 8 inches diameter Southwesterly 23 1/2 links on bank
of said ravine: thence north forty one degrees west about fifty
three perches to a lime Stone set by the east side of a white Oak
stump standing five perches and 13 feet from the most Southerly cor-
ner of the Barn Standing on the east side of the lane: thence North
thirty six degrees west Eleven perches and five feet to a post set in cen-
ter of the state road leading from Worthington to New Haven said
post in said road is about Seven perches from the most westerly
corner of said Barn Hickory 8 inches diameter South 23 west 101 3/4
links: thence north forty seven degrees East along said road to
about 35 or 36 perches to a post: thence North perches links to
a post set on the north line of said lot No on distant (45) forty
five perches west from the north east corner of said Lot No one:
thence west along the section line fifty five (55) perches to the
place of beginning containing Sixty (60) acres and forty (40) perches
of land be the same more or less. Also I give devise and bequeath
to said Sidney Fleming twenty seven acres and 100/160 perches of Land
being a part of the North part of Lot No Sixteen in said Section No (1)
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 237)
Description
[page 237]
[corresponds to labeled page 204 of Will Records Vol. 5 [1869-1876]
204
one Township five and Range Eighteen, for description thereof referance
is hereby had and given to Deed of Conveyance made from Nancy Leonard
-widow- to me Isaac Fleming dated 16th of April 1833 and Recorded May
9th Ad 1833 in Delaware County Ohio in Book No 11 page 235 etc Also
see plat and survey made by James Easton January 10th 1837.
Also I give and devise to said Sidney Fleming and to his heirs and ass-
igns forever the privilege of a road or passway to go to and from his
land in said Lot sixteen with team, wagon and other things etc and
over and across that part of Lot number One that lies on the South side
of Allum Creek in said Section one, him the said Sidney Fleming
doing as little damage as may be possible in passing and repassing
and Shutting all gates and Bars in so passing over the aforesaid Nelson
Flemings land. Also I give devise and bequeath to the said Sidney
Fleming Four acres and eighty Six perches of land in the east side of
Lot number two in said Section one Township five and Range Eight
een and Bounded as follows: Beginning at a post set on the line be-
tween said Lots No One and two in said Section one and in the west edge
of a small stream of water and being twenty two perches north from the
South East corner of said Lot No two: thence north along the Lot line
Seventy One porches and a half to a post in the center of the State road
leading from Worthington to New Haven: thence South 46" 26' west
twenty eight perches along said road to a stone on post: thence South
21" 15' east fifty six perches to the place of beginning. Also I give devise
and bequeath to the said Sidney Fleming a parcel of land being
a part of the south part of Lot A in the fourth section in the Sixth
Township in the Eighteenth Range of the United States Military dis-
trict in the County of Delaware State of Ohio and in Oxford township
Bounded as follows: Beginning at a Stone set on a post on the South
line of said Section fourth one hundred and Sixty perches west from
the South east corner of said Section fourth: thence north along a
line of land owned by Joseph C Porter thirty two (32) perches to
Stone on post: thence east along the line of Norton Thurstons land
running paralell with the south line of said section fourth one
hundred and fifteen (115) perches to a post: thence South on a line
running paralell with the East line of said Section 4 thirty two
perches to a post and Stone set in the South Line of said Section: thence
west along the Section line One hundred and fifteen (115) perches to
the place of Beginning containing twenty three acres (23) of land.
To have and to hold the aforesaid premises or parcels of land to him
the said Sidney Fleming and to his heirs and assigns forever as an
Estate in fee Simple on condition that he the said Sidney Flem-
ing his heirs or assigns shall truly pay to William White my
Grandson Sixty (60) dollars within one year after my decease and
shall truly pay such other sums of money as I may hereafter in
this will or a Codicil thereto devise or design for him to pay
Item 7th I hereby give and devise to Elizabeth A White Daily my Grand-
Daughter and daughter of Sarah Ann White my eldest daughter and
now Wife of William Daily of Peru Tp in Morrow County Ohio, the
[corresponds to labeled page 204 of Will Records Vol. 5 [1869-1876]
204
one Township five and Range Eighteen, for description thereof referance
is hereby had and given to Deed of Conveyance made from Nancy Leonard
-widow- to me Isaac Fleming dated 16th of April 1833 and Recorded May
9th Ad 1833 in Delaware County Ohio in Book No 11 page 235 etc Also
see plat and survey made by James Easton January 10th 1837.
Also I give and devise to said Sidney Fleming and to his heirs and ass-
igns forever the privilege of a road or passway to go to and from his
land in said Lot sixteen with team, wagon and other things etc and
over and across that part of Lot number One that lies on the South side
of Allum Creek in said Section one, him the said Sidney Fleming
doing as little damage as may be possible in passing and repassing
and Shutting all gates and Bars in so passing over the aforesaid Nelson
Flemings land. Also I give devise and bequeath to the said Sidney
Fleming Four acres and eighty Six perches of land in the east side of
Lot number two in said Section one Township five and Range Eight
een and Bounded as follows: Beginning at a post set on the line be-
tween said Lots No One and two in said Section one and in the west edge
of a small stream of water and being twenty two perches north from the
South East corner of said Lot No two: thence north along the Lot line
Seventy One porches and a half to a post in the center of the State road
leading from Worthington to New Haven: thence South 46" 26' west
twenty eight perches along said road to a stone on post: thence South
21" 15' east fifty six perches to the place of beginning. Also I give devise
and bequeath to the said Sidney Fleming a parcel of land being
a part of the south part of Lot A in the fourth section in the Sixth
Township in the Eighteenth Range of the United States Military dis-
trict in the County of Delaware State of Ohio and in Oxford township
Bounded as follows: Beginning at a Stone set on a post on the South
line of said Section fourth one hundred and Sixty perches west from
the South east corner of said Section fourth: thence north along a
line of land owned by Joseph C Porter thirty two (32) perches to
Stone on post: thence east along the line of Norton Thurstons land
running paralell with the south line of said section fourth one
hundred and fifteen (115) perches to a post: thence South on a line
running paralell with the East line of said Section 4 thirty two
perches to a post and Stone set in the South Line of said Section: thence
west along the Section line One hundred and fifteen (115) perches to
the place of Beginning containing twenty three acres (23) of land.
To have and to hold the aforesaid premises or parcels of land to him
the said Sidney Fleming and to his heirs and assigns forever as an
Estate in fee Simple on condition that he the said Sidney Flem-
ing his heirs or assigns shall truly pay to William White my
Grandson Sixty (60) dollars within one year after my decease and
shall truly pay such other sums of money as I may hereafter in
this will or a Codicil thereto devise or design for him to pay
Item 7th I hereby give and devise to Elizabeth A White Daily my Grand-
Daughter and daughter of Sarah Ann White my eldest daughter and
now Wife of William Daily of Peru Tp in Morrow County Ohio, the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 238)
Description
[page 238]
[corresponds to labeled page 205 of Will Records Vol. 5 [1869-1876]
205
sum of three ($300) hundred dollars to be paid to her the said Elizabeth
A White Daily within one year after my decease, out of the proceeds
of my personal Estate or moneys or credits that I may be the owner of
at the time of my death. If however I shall not at my death leave
personal estate moneys or credits sufficient to pay the said Elizabeth
A White Daily the said sum of three ($300) hundred dollars after my
funeral expenses and debts are all paid then in that case I will and
devise that my aforesaid five Sons Benjamin, James Washington
Nelson and Sidney Fleming, shall each one of them pay to the
said Elizabeth A White Daily the sum of Sixty (60) dollars within
one year after my death and that said personal estate moneys or
credits if any there be left shall be divided equally amongst my
said five Sons or their heirs.
And I hereby give and devise to William White my GrandSon the
Several sums of money herein before mentioned to be paid to him
by my said five Sons in the will, being in the whole three hun-
dred ($300) dollars
Item 8th Whereas I have heretofore on the 11th day of Janaury 1869 advan-
ced to and for the use and benefit of James I White my Grand Son the
sum of Nine hundred dollars it being a part of the purchase money
for the tract of land conveyed to the said James I White from John
W Potter on that date. I hereby give and devise to the said James I
White the said Nine hundred dollars and further I do hereby re-
lease the said James I White from the payment of the two per-
cent extra interest on the notes that I hold on him for the Bal-
ance of the purchase money of said tract of land, said notes shall
only be required to be paid the principle and Six percent interest
annually.
Item 9th I give and devise all the residue of my personal property moneys and
credits except what may be hereafter in this will or in a Codicil
thereto disposed of, to my five Sons and Grand Son and GrandDau-
ghter William White and Elizabeth A White Daily to be divided
amongst them as follows, the one fifth part thereof to Benjamin
Fleming, the one fifth part to James Fleming, the one fifth
part to Washington Fleming and the one half of the one fifth part
to Nelson Fleming and the other half of the said one fifth part to
Benjamin Fleming and to James Fleming to be equally divided
between them the said Benjamin and said James And the one tenth of
the one fifth part to Sidney Fleming and the other nine one tenths
(10) of the last one fifth part to be divided equally between William
White and Elizabeth A White Daily provided it does not exceed
two hundred dollars to each one, but if it exceeds two hundred
dollars to each one of the said Grand Children, then the excess
over two hundred dollars to each one is to be divided equally
between my aforesaid five Sons, one fifth part to each one of
them, (I have the property and moneys & credits as the present time
that according to the above plan of dividing it, it would exceed
two hundred dollars to each of my two aforesaid grandchildren
[corresponds to labeled page 205 of Will Records Vol. 5 [1869-1876]
205
sum of three ($300) hundred dollars to be paid to her the said Elizabeth
A White Daily within one year after my decease, out of the proceeds
of my personal Estate or moneys or credits that I may be the owner of
at the time of my death. If however I shall not at my death leave
personal estate moneys or credits sufficient to pay the said Elizabeth
A White Daily the said sum of three ($300) hundred dollars after my
funeral expenses and debts are all paid then in that case I will and
devise that my aforesaid five Sons Benjamin, James Washington
Nelson and Sidney Fleming, shall each one of them pay to the
said Elizabeth A White Daily the sum of Sixty (60) dollars within
one year after my death and that said personal estate moneys or
credits if any there be left shall be divided equally amongst my
said five Sons or their heirs.
And I hereby give and devise to William White my GrandSon the
Several sums of money herein before mentioned to be paid to him
by my said five Sons in the will, being in the whole three hun-
dred ($300) dollars
Item 8th Whereas I have heretofore on the 11th day of Janaury 1869 advan-
ced to and for the use and benefit of James I White my Grand Son the
sum of Nine hundred dollars it being a part of the purchase money
for the tract of land conveyed to the said James I White from John
W Potter on that date. I hereby give and devise to the said James I
White the said Nine hundred dollars and further I do hereby re-
lease the said James I White from the payment of the two per-
cent extra interest on the notes that I hold on him for the Bal-
ance of the purchase money of said tract of land, said notes shall
only be required to be paid the principle and Six percent interest
annually.
Item 9th I give and devise all the residue of my personal property moneys and
credits except what may be hereafter in this will or in a Codicil
thereto disposed of, to my five Sons and Grand Son and GrandDau-
ghter William White and Elizabeth A White Daily to be divided
amongst them as follows, the one fifth part thereof to Benjamin
Fleming, the one fifth part to James Fleming, the one fifth
part to Washington Fleming and the one half of the one fifth part
to Nelson Fleming and the other half of the said one fifth part to
Benjamin Fleming and to James Fleming to be equally divided
between them the said Benjamin and said James And the one tenth of
the one fifth part to Sidney Fleming and the other nine one tenths
(10) of the last one fifth part to be divided equally between William
White and Elizabeth A White Daily provided it does not exceed
two hundred dollars to each one, but if it exceeds two hundred
dollars to each one of the said Grand Children, then the excess
over two hundred dollars to each one is to be divided equally
between my aforesaid five Sons, one fifth part to each one of
them, (I have the property and moneys & credits as the present time
that according to the above plan of dividing it, it would exceed
two hundred dollars to each of my two aforesaid grandchildren
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 239)
Description
[page 239]
[corresponds to labeled page 206 of Will Records Vol. 5 [1869-1876]
206
but there is no knowing how much of it I may have to Spend for
Doctor Bills yet).
Item 10th I give devise and bequeath to Lydia Hatten my youngest daughter
and wife of David Hatten of Morrow County Ohio, the following descri-
bed premises, Situate in the East part of Lot No 4 in Section No (4)
four in Township No Six in Range Eighteen in the United States
Military district in Morrow County State of Ohio and in Peru Township.
Bounded as follows: Begining at the North East corner of said Lot
No 4: thence South on the line of said lot One hundred and Six and a
half perches to a county road leading to Stephen F Randolphs Mill
in said Township of Peru: thence west along the old line of said Lot
One hundred and nineteen rods to corner of William Dailys land:
thence north one hundred and Seven rods to Cornelius F Randolph's
land: thence Easterly on the old line of said Lot No 4 one hundred
and twenty rods to the place of beginning containing Eight acres of
Land be the same more or less. To have and to hold the said premises
unto her the said Lydia Hatten for and during her lifetime and no
longer on condition that she the said Lydia and her husband David
Hatten or others who may occupy said premises shall keep the
taxes all paid up as they become due on said premises and shall
not suffer the said premises to be sold for taxes or any part
thereof and then at the death of the said Lydia Hatten if her youngest
child that will be living shall be over Sixteen years old then.
I will and devise that said Premises be sold to the best advantage
either at private or public sale after the expiration of two years
from the time of her death,but if her youngest child that will be
living shall not be sixteen years old at the time of said Lydias
death, then I devise that said premises be sold after the expiration of
two years after said child arives to the age of Sixteen years and the proceeds
of the sale divided and paid amongst the said Lydias children giving to
each male child just double the sum that each female child will
get, and if any of said children shall not be of age, that is the males
21 years old and the females 18 years old then the shares of those that
are not of age, must be kept at interest with good Security until
they become of age: Provided however if the said Lydia Hatten shall
be a widow at the time of her death then in that case, I will and devise
that said premises be sold at the expiration of One year after her de-
cease and the proceeds thereof divided and apportioned in the way and
manner aforesaid. And furthermore I do hereby constitute and app-
oint James Fleming my Son of Morrow County Ohio to take charge of
said premises, and if the said premises shall at any time be sold for
the tax thereon, to take such action course and manner of Proceeding
to redeem the same as I myself might or could do if I were to
continue in person and then to lease or rent out the said premises
to the best advantage that he can for the use and benefit of the
said Lydia Hatten and her children reserving a sufficiency of the
rent to pay the taxes thereon and to keep the fences and buildings in
repair, and after the death of the said Lydia Hatten, to proceed to
[corresponds to labeled page 206 of Will Records Vol. 5 [1869-1876]
206
but there is no knowing how much of it I may have to Spend for
Doctor Bills yet).
Item 10th I give devise and bequeath to Lydia Hatten my youngest daughter
and wife of David Hatten of Morrow County Ohio, the following descri-
bed premises, Situate in the East part of Lot No 4 in Section No (4)
four in Township No Six in Range Eighteen in the United States
Military district in Morrow County State of Ohio and in Peru Township.
Bounded as follows: Begining at the North East corner of said Lot
No 4: thence South on the line of said lot One hundred and Six and a
half perches to a county road leading to Stephen F Randolphs Mill
in said Township of Peru: thence west along the old line of said Lot
One hundred and nineteen rods to corner of William Dailys land:
thence north one hundred and Seven rods to Cornelius F Randolph's
land: thence Easterly on the old line of said Lot No 4 one hundred
and twenty rods to the place of beginning containing Eight acres of
Land be the same more or less. To have and to hold the said premises
unto her the said Lydia Hatten for and during her lifetime and no
longer on condition that she the said Lydia and her husband David
Hatten or others who may occupy said premises shall keep the
taxes all paid up as they become due on said premises and shall
not suffer the said premises to be sold for taxes or any part
thereof and then at the death of the said Lydia Hatten if her youngest
child that will be living shall be over Sixteen years old then.
I will and devise that said Premises be sold to the best advantage
either at private or public sale after the expiration of two years
from the time of her death,but if her youngest child that will be
living shall not be sixteen years old at the time of said Lydias
death, then I devise that said premises be sold after the expiration of
two years after said child arives to the age of Sixteen years and the proceeds
of the sale divided and paid amongst the said Lydias children giving to
each male child just double the sum that each female child will
get, and if any of said children shall not be of age, that is the males
21 years old and the females 18 years old then the shares of those that
are not of age, must be kept at interest with good Security until
they become of age: Provided however if the said Lydia Hatten shall
be a widow at the time of her death then in that case, I will and devise
that said premises be sold at the expiration of One year after her de-
cease and the proceeds thereof divided and apportioned in the way and
manner aforesaid. And furthermore I do hereby constitute and app-
oint James Fleming my Son of Morrow County Ohio to take charge of
said premises, and if the said premises shall at any time be sold for
the tax thereon, to take such action course and manner of Proceeding
to redeem the same as I myself might or could do if I were to
continue in person and then to lease or rent out the said premises
to the best advantage that he can for the use and benefit of the
said Lydia Hatten and her children reserving a sufficiency of the
rent to pay the taxes thereon and to keep the fences and buildings in
repair, and after the death of the said Lydia Hatten, to proceed to
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 240)
Description
[page 240]
[corresponds to labeled page 207 of Will Records Vol. 5 [1869-1876]
207
sell said premises on the way and manner hereinbefore mentioned,
after giving Six weeks Notice by setting up notices thereof in four
public places in Morrow County and three in Delaware County
or by advertising in a newspaper of general cinculation printed
one in Delaware County and one in Morrow County and apportion
the proceeds and pay over the same to the heirs of said Lydia Hatten
in the way and manner herein before mentioned and the legal represen-
tatives of any child of the said Lydia who may have deceased
to be entitled to the same share as their parent would have benn
if then living and in case of the death or refusal or any other ina-
bility of the said James Fleming to act in said premises, I hereby
appoint, authorize and empower Nelson Fleming and Sidney Fleming
my two youngest Sons or either of them to act in said premises
and to do and perform all matters and things concerning said premises
the same as the said James Fleming is hereby authorized to do
and perform. And furthermore I give and devise to said Lydia
Hatten one Bedstead bed and beding consisting of the following
articles, viz: one straw tick, one Feather tick and feathers in it,
two cotton sheets, four Blankets all wool or part wool and part
cotton and one Bolster and feathers in it, and Bolster slip, two pillows
and feathers in them and two pillow slips and three (3) patched up
quilts and one coverlid all to be her own choice out of the Bed clo-
thes that I may be the owner of at the time of my decease. I give and
devise the rest of the Bed clothes to my five Sons to be divided
equally amongst them one fifth part thereof to each one and if
they cannot agree on the dividing of said Bedclothes, then I
will and devise said Bedclothes be sold at public sale at the same
time that the rest of my personal property is sold and the proceeds
of the sale of said Bed clothes divided equally amongst my aforesaid
five sons and if any of my five Sons shall be dead at the time
of my decease then the children of the deceased son to have the
same that their parent would have got if living and if any Son
shall die leaving no children living then the proceeds of said
clothes on the clothes is to be divided amongst those that are liv-
ing and the children of any one that may be dead to have what their
parent would have been entitled to if living. And furthermore I give
and devise to the aforesaid Lydia Hatten the carpet that is on the
floor in the west room of the house that I reside in: as that is
what I understood to be her mothers request before she died, and,
also I give and devise to the said Lydia Hatten and to her husband
David Hatten all the fencing Boards Beach and Oak twelve feet and
upwards in length and intended to be 3/4 and 7/8 of an inch thick that
is laid over head in two floors over the Horse Stable in the Barn
on the premises that I reside on and Also those piled up over head
of the Horse stable and also all the beach fencing boards that is in
the old house that is over 12 feet long and all those piled up
near to the Barn and on the Barn yard near to the State Road and
I also give and devise to the said David and Lydia Hatten all the
[corresponds to labeled page 207 of Will Records Vol. 5 [1869-1876]
207
sell said premises on the way and manner hereinbefore mentioned,
after giving Six weeks Notice by setting up notices thereof in four
public places in Morrow County and three in Delaware County
or by advertising in a newspaper of general cinculation printed
one in Delaware County and one in Morrow County and apportion
the proceeds and pay over the same to the heirs of said Lydia Hatten
in the way and manner herein before mentioned and the legal represen-
tatives of any child of the said Lydia who may have deceased
to be entitled to the same share as their parent would have benn
if then living and in case of the death or refusal or any other ina-
bility of the said James Fleming to act in said premises, I hereby
appoint, authorize and empower Nelson Fleming and Sidney Fleming
my two youngest Sons or either of them to act in said premises
and to do and perform all matters and things concerning said premises
the same as the said James Fleming is hereby authorized to do
and perform. And furthermore I give and devise to said Lydia
Hatten one Bedstead bed and beding consisting of the following
articles, viz: one straw tick, one Feather tick and feathers in it,
two cotton sheets, four Blankets all wool or part wool and part
cotton and one Bolster and feathers in it, and Bolster slip, two pillows
and feathers in them and two pillow slips and three (3) patched up
quilts and one coverlid all to be her own choice out of the Bed clo-
thes that I may be the owner of at the time of my decease. I give and
devise the rest of the Bed clothes to my five Sons to be divided
equally amongst them one fifth part thereof to each one and if
they cannot agree on the dividing of said Bedclothes, then I
will and devise said Bedclothes be sold at public sale at the same
time that the rest of my personal property is sold and the proceeds
of the sale of said Bed clothes divided equally amongst my aforesaid
five sons and if any of my five Sons shall be dead at the time
of my decease then the children of the deceased son to have the
same that their parent would have got if living and if any Son
shall die leaving no children living then the proceeds of said
clothes on the clothes is to be divided amongst those that are liv-
ing and the children of any one that may be dead to have what their
parent would have been entitled to if living. And furthermore I give
and devise to the aforesaid Lydia Hatten the carpet that is on the
floor in the west room of the house that I reside in: as that is
what I understood to be her mothers request before she died, and,
also I give and devise to the said Lydia Hatten and to her husband
David Hatten all the fencing Boards Beach and Oak twelve feet and
upwards in length and intended to be 3/4 and 7/8 of an inch thick that
is laid over head in two floors over the Horse Stable in the Barn
on the premises that I reside on and Also those piled up over head
of the Horse stable and also all the beach fencing boards that is in
the old house that is over 12 feet long and all those piled up
near to the Barn and on the Barn yard near to the State Road and
I also give and devise to the said David and Lydia Hatten all the
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 241)
Description
[page 241]
[corresponds to labeled page 208 of Will Records Vol. 5 [1869-1876]
208
sawed fence posts that is over head in said Horse Stable and those
built in a four square pen between the Hog pen and the corn crib at
the wagon shed, and those in the Hog pen, and some posts piled in a
three square pen at the foot of the hill near Slack Saw Mill, all
of said Boards and posts to be used in making fence on the old
Job McCumber farm in the Township of Perue in Morrow County
Ohio: and furthermore I give devise and bequeath to Sidney
Fleming my aforesaid fifth Son the following described prem-
ises Situate in Lot No Nineteen and in Lot No twenty two in Sec-
tion two in Township five Range Seventeen in the United Sta-
tes Military district in the County of Delaware in the State of
Ohio and in Kingston Township, Bounded as follows: Begin-
ing at the north west corner of said Lot No 22 on the west Line
of said Section two, at a Stone on a post: thence South along
the old Range line twenty Six (26) perches to a post to be set
after this time: thence running East on a line to be run para-
lell with the north line of said lot No 22 one hundred and one
perches to the west line of said Lot No (19) nineteen: thence con-
tinuing on the same course through said Lot No 19 53
perches and some links to the center of the County Road leading
from Berkshire to Norton in said County: thence North ^ 11 west
along the center of said Road twenty Six (26) perches and some
links to the North line of said Lot No 19: thence west along the line
of said Lot 19 Forty Seven perches and some links to the north east
corner of said Lot No 22, Stone on post: thence west along the north
line of said Lot No 22 One hundred and one perches to the place of
begining containing Sixteen acres and 66 perches in said Lot
No 22 and Eight acres and 3 perches in Lot No 19, To have and to hold
said parcels of Land unto him the said Sidney Fleming and
to his heirs and assigns forever as an estate in fee Simple.
And furthermore I give and bequeath to Benjamin Fleming,
my oldest Son, and to Nelson Fleming my fourth Son the following
described premises Situate in Lot No twenty in Section Two,
in Township five in Range Seventeen in the United States
military district in said County of Delaware Ohio and in King
ston Township, and Bounded as follows: Beginning at the South
west corner of Lot No 20 at a Stone on post: thence east along
the lot line to the Center of the County Road leading from
Berkshire to Norton in said County: thence along the
center of said Road following the different courses thereof one
hundred and Seventy two perches to the north line of said Sec-
tion two: thence north 89 1/4 west along the county line crossing
Allum Creek Six rods nineteen and a half links to Stone, the corner
of Noah Whipples land on west Bank of said Creek: thence down
stream on the top of high bank with the meanderings thereof along
Noah Whipples line to the west line of said Lot No 20: thence South
on the line between Lots No 20 & 21 in the Todd land one hundred
and twenty Seven rods and two links to the place of beginning containing
[corresponds to labeled page 208 of Will Records Vol. 5 [1869-1876]
208
sawed fence posts that is over head in said Horse Stable and those
built in a four square pen between the Hog pen and the corn crib at
the wagon shed, and those in the Hog pen, and some posts piled in a
three square pen at the foot of the hill near Slack Saw Mill, all
of said Boards and posts to be used in making fence on the old
Job McCumber farm in the Township of Perue in Morrow County
Ohio: and furthermore I give devise and bequeath to Sidney
Fleming my aforesaid fifth Son the following described prem-
ises Situate in Lot No Nineteen and in Lot No twenty two in Sec-
tion two in Township five Range Seventeen in the United Sta-
tes Military district in the County of Delaware in the State of
Ohio and in Kingston Township, Bounded as follows: Begin-
ing at the north west corner of said Lot No 22 on the west Line
of said Section two, at a Stone on a post: thence South along
the old Range line twenty Six (26) perches to a post to be set
after this time: thence running East on a line to be run para-
lell with the north line of said lot No 22 one hundred and one
perches to the west line of said Lot No (19) nineteen: thence con-
tinuing on the same course through said Lot No 19 53
perches and some links to the center of the County Road leading
from Berkshire to Norton in said County: thence North ^ 11 west
along the center of said Road twenty Six (26) perches and some
links to the North line of said Lot No 19: thence west along the line
of said Lot 19 Forty Seven perches and some links to the north east
corner of said Lot No 22, Stone on post: thence west along the north
line of said Lot No 22 One hundred and one perches to the place of
begining containing Sixteen acres and 66 perches in said Lot
No 22 and Eight acres and 3 perches in Lot No 19, To have and to hold
said parcels of Land unto him the said Sidney Fleming and
to his heirs and assigns forever as an estate in fee Simple.
And furthermore I give and bequeath to Benjamin Fleming,
my oldest Son, and to Nelson Fleming my fourth Son the following
described premises Situate in Lot No twenty in Section Two,
in Township five in Range Seventeen in the United States
military district in said County of Delaware Ohio and in King
ston Township, and Bounded as follows: Beginning at the South
west corner of Lot No 20 at a Stone on post: thence east along
the lot line to the Center of the County Road leading from
Berkshire to Norton in said County: thence along the
center of said Road following the different courses thereof one
hundred and Seventy two perches to the north line of said Sec-
tion two: thence north 89 1/4 west along the county line crossing
Allum Creek Six rods nineteen and a half links to Stone, the corner
of Noah Whipples land on west Bank of said Creek: thence down
stream on the top of high bank with the meanderings thereof along
Noah Whipples line to the west line of said Lot No 20: thence South
on the line between Lots No 20 & 21 in the Todd land one hundred
and twenty Seven rods and two links to the place of beginning containing
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 242)
Description
[page 242]
[corresponds to labeled page 209 of Will Records Vol. 5 [1869-1876]
209
Forty acres and Six tenths of an acre of Land, for particular description
refferance is hereby had to deed of conveyance from George M Bailey
do me Isaac Fleming dated 19th May 1864 and recorded in Delaware
County in Book 50 Page 44 etc the said Benjamin Fleming is to
have twenty acres of the north part of said premises and the said
Nelson Fleming is to have twenty acres and six tenths of the South
part of said premises to be divided by a line running East and west
paralell with the South line of said Lot: To have and to hold the
said premises a part thereof unto the said Benjamin Fleming
his heirs and assigns forever as an estate in fee Simple and a part
thereof unto the said Nelson Fleming his heirs and assigns forever
as an estate in fee Simple.
And furthermore I give and bequeath to Benjamin Fleming
my oldest Son and Washington Fleming my third Son the
following described premises Situate in Lots (19 & 22) Nineteen
and twenty two in Section two (2) in Township (5) five in Range
Seventeen (17) in the U S Military district in said County of
Delaware Ohio and in Kingston Township, Bounded as follows:
Begining at a point on the west line of said Section two and on the
west line of said Range Seventeen twenty Six rods South from
the Stone on a post at the north west corner of said lot No 22: thence
South on the Section and Range line thirty four (34) rods to a post
and Stone by forked Beech tree North 46 minutes east two links:
thence South 87 1\2 degrees East thirty four rods to a Stone on post
on Southside of a large run: thence South 1 .08' East along the East
line of land owned by Ezekiel Longwell in said Lot No 22 fifty
Seven rods to Stone on post at the corner of Land owned by Jacob
Sheets: thence south 88 36' East along the line of Jacob Sheets'
land one hundred and forty rods to Stone Corner in the center
of the County Road leading from Berkshire to Norton: thence
North 10 45' west along the Center of said Road ninety five
rods, and some links to south east corner of land given and devised
in this Will to Sidney Fleming: thence west along the South
line of said land given and devised to said Sidney Fleming
fifty three perches and some links to the East line of said
Lot No 22: thence continuing on along the south line of said
Sidneys land One hundred and one rods to the place of be-
ginning containing Eighty three (83) acres and 86 perches of Land
and being 46 acres and 106 perches in the middle east part of Lot
No 22 and 36 acres and 140 perches in the middle west part of Lot
No 19: the said Washington Fleming is to have two fifth of the
above Eighty three acres and 86 perches to be taken off the
north side which will be about 50 acres and 20 perches. To
have and to hold the aforesaid described premises unto them
the said Benjamin Fleming and Washington Fleming and unto
[corresponds to labeled page 209 of Will Records Vol. 5 [1869-1876]
209
Forty acres and Six tenths of an acre of Land, for particular description
refferance is hereby had to deed of conveyance from George M Bailey
do me Isaac Fleming dated 19th May 1864 and recorded in Delaware
County in Book 50 Page 44 etc the said Benjamin Fleming is to
have twenty acres of the north part of said premises and the said
Nelson Fleming is to have twenty acres and six tenths of the South
part of said premises to be divided by a line running East and west
paralell with the South line of said Lot: To have and to hold the
said premises a part thereof unto the said Benjamin Fleming
his heirs and assigns forever as an estate in fee Simple and a part
thereof unto the said Nelson Fleming his heirs and assigns forever
as an estate in fee Simple.
And furthermore I give and bequeath to Benjamin Fleming
my oldest Son and Washington Fleming my third Son the
following described premises Situate in Lots (19 & 22) Nineteen
and twenty two in Section two (2) in Township (5) five in Range
Seventeen (17) in the U S Military district in said County of
Delaware Ohio and in Kingston Township, Bounded as follows:
Begining at a point on the west line of said Section two and on the
west line of said Range Seventeen twenty Six rods South from
the Stone on a post at the north west corner of said lot No 22: thence
South on the Section and Range line thirty four (34) rods to a post
and Stone by forked Beech tree North 46 minutes east two links:
thence South 87 1\2 degrees East thirty four rods to a Stone on post
on Southside of a large run: thence South 1 .08' East along the East
line of land owned by Ezekiel Longwell in said Lot No 22 fifty
Seven rods to Stone on post at the corner of Land owned by Jacob
Sheets: thence south 88 36' East along the line of Jacob Sheets'
land one hundred and forty rods to Stone Corner in the center
of the County Road leading from Berkshire to Norton: thence
North 10 45' west along the Center of said Road ninety five
rods, and some links to south east corner of land given and devised
in this Will to Sidney Fleming: thence west along the South
line of said land given and devised to said Sidney Fleming
fifty three perches and some links to the East line of said
Lot No 22: thence continuing on along the south line of said
Sidneys land One hundred and one rods to the place of be-
ginning containing Eighty three (83) acres and 86 perches of Land
and being 46 acres and 106 perches in the middle east part of Lot
No 22 and 36 acres and 140 perches in the middle west part of Lot
No 19: the said Washington Fleming is to have two fifth of the
above Eighty three acres and 86 perches to be taken off the
north side which will be about 50 acres and 20 perches. To
have and to hold the aforesaid described premises unto them
the said Benjamin Fleming and Washington Fleming and unto
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 243)
Description
[page 243]
[corresponds to labeled page 210 of Will Records Vol. 5 [1869-1876]
210
their heirs and assigns forever as an Estate in fee Simple
(The aforesaid premises cannot be divided to a good advantage,
Benjmain had better buy Washingtons Share).
And furthermore I give and devise & bequeath to James Flem-
ing my Second Son the following described premises: Situate in
the third Section in the Sixth Township in the Seventeenth Range
in the United States Military district in Morrow County in the State
of Ohio and in Peru Township: Bounded as follows: Beginning at the
Stone the South west-corner of land formerly owned by Abraham
Van Duzer that being the North West Corner of land formerly owned
by Jacob Van Devanter: thence North Eighty Eight- degrees 23 min-
utes west along a lot of land now owned by said James Fleming
One hundred and Eighty five perches and 21/25 to a stone on post on the
East line of Land formerly owned by Jonathan Dayton: thence
South along the lot line thirty two perches and eight-tenths to Stone
on post at two Beach bearing trees four and twelve inches diameter
thence South Eighty-Eight (88) degrees twenty-five (25) minutes East
One hundred and Eighty-five perches and eight-links to Stone on post-
on the west line of the said Van Devanters land: thence North
along the center of a County Road thirty two perches and 69/100 to the
place of beginning containing thirty-Eight acres and thre perches
according to Survey made by James Eaton Sept 6th, 7th & 8th, 1848 and be
ing 16 1/2 acres in the North part of Lot No 22 and 21 1/2 acres in North
part Lot 23, To have and to hold said premises unto him the said
James Fleming and to his heirs and assigns forever as an Estate in
fee Simple.
And lastly: I do hereby nominate and appoint James Flem-
ing my Son of Morrow County Ohio and Nelson Fleming my Son
of Delaware County Ohio, Executors of this my last Will and Testament
Authorizing and Empowering them or either of them to sell my
personal property at public sale without having the same ap-
praised or an inventory made; and collect the debts and claims
due me and pay my funeral expenses and all just debts and take the
remainder with the proceeds of the sale and apportion and pay over
the same to my heirs and legatees the several amounts and sums
given to each one of them in this will after expenses are all paid
I hereby revoke all former Wills by me made. In testimony
whereof I have hereunto set my hand and Seal this 13th day of May in
the year A D 1871
Isaac Fleming {seal}
Signed and acknowledged by the said Isaac Fleming as his last
Will and Testament in our presence and signed by us in his presence
Joseph C. Porter
Joseph I Porter
Codicil
Whereas I Isaac Fleming on the 13th day of May in the year 1871 made
my last Will and Testament of that day do hereby declare the following
to be a Codicil to the same.
[corresponds to labeled page 210 of Will Records Vol. 5 [1869-1876]
210
their heirs and assigns forever as an Estate in fee Simple
(The aforesaid premises cannot be divided to a good advantage,
Benjmain had better buy Washingtons Share).
And furthermore I give and devise & bequeath to James Flem-
ing my Second Son the following described premises: Situate in
the third Section in the Sixth Township in the Seventeenth Range
in the United States Military district in Morrow County in the State
of Ohio and in Peru Township: Bounded as follows: Beginning at the
Stone the South west-corner of land formerly owned by Abraham
Van Duzer that being the North West Corner of land formerly owned
by Jacob Van Devanter: thence North Eighty Eight- degrees 23 min-
utes west along a lot of land now owned by said James Fleming
One hundred and Eighty five perches and 21/25 to a stone on post on the
East line of Land formerly owned by Jonathan Dayton: thence
South along the lot line thirty two perches and eight-tenths to Stone
on post at two Beach bearing trees four and twelve inches diameter
thence South Eighty-Eight (88) degrees twenty-five (25) minutes East
One hundred and Eighty-five perches and eight-links to Stone on post-
on the west line of the said Van Devanters land: thence North
along the center of a County Road thirty two perches and 69/100 to the
place of beginning containing thirty-Eight acres and thre perches
according to Survey made by James Eaton Sept 6th, 7th & 8th, 1848 and be
ing 16 1/2 acres in the North part of Lot No 22 and 21 1/2 acres in North
part Lot 23, To have and to hold said premises unto him the said
James Fleming and to his heirs and assigns forever as an Estate in
fee Simple.
And lastly: I do hereby nominate and appoint James Flem-
ing my Son of Morrow County Ohio and Nelson Fleming my Son
of Delaware County Ohio, Executors of this my last Will and Testament
Authorizing and Empowering them or either of them to sell my
personal property at public sale without having the same ap-
praised or an inventory made; and collect the debts and claims
due me and pay my funeral expenses and all just debts and take the
remainder with the proceeds of the sale and apportion and pay over
the same to my heirs and legatees the several amounts and sums
given to each one of them in this will after expenses are all paid
I hereby revoke all former Wills by me made. In testimony
whereof I have hereunto set my hand and Seal this 13th day of May in
the year A D 1871
Isaac Fleming {seal}
Signed and acknowledged by the said Isaac Fleming as his last
Will and Testament in our presence and signed by us in his presence
Joseph C. Porter
Joseph I Porter
Codicil
Whereas I Isaac Fleming on the 13th day of May in the year 1871 made
my last Will and Testament of that day do hereby declare the following
to be a Codicil to the same.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 244)
Description
[page 244]
[corresponds to labeled page 211 of Will Records Vol. 5 [1869-1876]
211
I do hereby give and bequeath to Sidney Fleming all the Popple lum-
ber that was sawed last winter. Also all the twenty five inch Shin-
gles that is made and piled around the Barns. Also all the Stone
that is piled up at the wagonshed and at Gate.
I hereby will and devise that if any one of my heirs Devisees, or Legatees,
shall go to law or make any attempt to breach my aforesaid Will
on account of any interlining or Erasures made therein, or for any
other cause whatever; then in that Case said heir. Devisee or Leg-
atee shall forever be Debared from receiving any part of my
Estate Whatever.
In testimony whereof I have hereunto set my hand and Seal this
14th day of May in the Year 1872.
Isaac Fleming {seal}
Signed and acknowledged by said Isaac Fleming
as his Codicil to his Last Will and Testament in our
presence and Signed by us in his presence
J. C Porter
J. I Porter
The State of Ohio }
Delaware County ss } In the matter of the last will and testament of
Isaac Fleming of Brown township said County deceased,
We. Joseph C Porter and Joseph I Porter being duly sworn in open
Court this 5th day of June A D 1872 depose and say that we were pres-
ent at the Execution of the Codicil to his Will and Testament of Isaac
Fleming of Brown township Delaware County. hereunto annexed
bearing date 14th day of May 1872, 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 J. C Porter
J. I Porter
Sworn and Subscribed before me in the Probate Court this 5th
day of June A D 1872
B C Waters
Probate Judge
[corresponds to labeled page 211 of Will Records Vol. 5 [1869-1876]
211
I do hereby give and bequeath to Sidney Fleming all the Popple lum-
ber that was sawed last winter. Also all the twenty five inch Shin-
gles that is made and piled around the Barns. Also all the Stone
that is piled up at the wagonshed and at Gate.
I hereby will and devise that if any one of my heirs Devisees, or Legatees,
shall go to law or make any attempt to breach my aforesaid Will
on account of any interlining or Erasures made therein, or for any
other cause whatever; then in that Case said heir. Devisee or Leg-
atee shall forever be Debared from receiving any part of my
Estate Whatever.
In testimony whereof I have hereunto set my hand and Seal this
14th day of May in the Year 1872.
Isaac Fleming {seal}
Signed and acknowledged by said Isaac Fleming
as his Codicil to his Last Will and Testament in our
presence and Signed by us in his presence
J. C Porter
J. I Porter
The State of Ohio }
Delaware County ss } In the matter of the last will and testament of
Isaac Fleming of Brown township said County deceased,
We. Joseph C Porter and Joseph I Porter being duly sworn in open
Court this 5th day of June A D 1872 depose and say that we were pres-
ent at the Execution of the Codicil to his Will and Testament of Isaac
Fleming of Brown township Delaware County. hereunto annexed
bearing date 14th day of May 1872, 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 J. C Porter
J. I Porter
Sworn and Subscribed before me in the Probate Court this 5th
day of June A D 1872
B C Waters
Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 245)
Description
[page 245]
[corresponds to labeled page 212 of Will Records Vol. 5 [1869-1876]
212
Record of the Last Will and testament Earhart Nuse dec
Proceedings had before the Hon B. C. Waters Probate Judge within
and for the County of Delaware at his office in the Court House
in the town of Delaware on the 7th day of June A D 1872
Will and Estate of Earhart Nuse deceased
On this day the Last Will and testament of Earhart Nuse deceased
was presented for Probate and Record Whereupon Martin Miller
one of the Witnesses to the original Will and Witness to Codicil thereto and
William D. Heim witness to the Codicil and the Court being Satified that
Joel. Z. Mendenhall one of the Subscribing Witnesses thereto was now
deceased and the Said William D. Heim and Martin Miller were
Examined in refference to the Signature of the Said Mendenhall and
upon there Oaths Say that the Said Signature is the Signature of the Said
Mendenhall and is Genuine and there testimony was reduced to writing
and annexed to the will and filed therewith and it appearing to
the court that the Said Testator was at the time of Executing the Same was
of full age and of sound Mind and Memory and not under restraint
it is therefore considered and ordered that the Said Will be admitted
to Probate and Record as duly Proved as the the last Will and testament
of the Said Earhart Nuse and be recorded as Such and at the Same
time came Martin Miller and Gave Bond as Executor Named in the
will with Frederck Anthoni as his Surety Bond accepted Letters
isued etc B. C. Waters Probate Judge
C.o.p.y of the Will
In the name of the Benovolent Father of all I Ahart Nuce
of South Delaware in the Township of Delaware in the county of
Delaware Ohio do Make and Publish this My Last Will and
testament
1st I will that my Just debts, and Charges be paid out of My Estate
2d I will and bequeath to my beloved wife Lanona- all My House
hold and Kichen furniture beds and bedding
3d I will and bequeath to my Said Wife all My interest legal and
eqitable in and to Lot number 87 in South Delaware aforesaid
with the appertenances theron the Same on which we now
Reside) to her Sole use and benefit- So long as She Shall remain
my Widow But in Case the Said Lanona My Wife Should inter
-marry- then I will to her but the one third part of the Said Lot
number 87 with the appurtenances to her and her heirs and
their Hers and assigns If my Wife Lanona Should die whilst
She remains My Widow then in that Case I will and bequeath to my
Sister Mary Kerchner wife of Christopher Kerchner to My Sister
Barbara Shoup wife of Andrew Shoup and to My Brother John
Nues and to there Heirs and assigns all My Estate legal and
Equitable in and to Said Lot no 87 South Delaware to be equally divided
between them and if My Wife Lanona Should Mary then
and in that case I beqeath but the two thirds of the Said Property
to My Sisters and Brother aforesaid to be equally divided between them.
[corresponds to labeled page 212 of Will Records Vol. 5 [1869-1876]
212
Record of the Last Will and testament Earhart Nuse dec
Proceedings had before the Hon B. C. Waters Probate Judge within
and for the County of Delaware at his office in the Court House
in the town of Delaware on the 7th day of June A D 1872
Will and Estate of Earhart Nuse deceased
On this day the Last Will and testament of Earhart Nuse deceased
was presented for Probate and Record Whereupon Martin Miller
one of the Witnesses to the original Will and Witness to Codicil thereto and
William D. Heim witness to the Codicil and the Court being Satified that
Joel. Z. Mendenhall one of the Subscribing Witnesses thereto was now
deceased and the Said William D. Heim and Martin Miller were
Examined in refference to the Signature of the Said Mendenhall and
upon there Oaths Say that the Said Signature is the Signature of the Said
Mendenhall and is Genuine and there testimony was reduced to writing
and annexed to the will and filed therewith and it appearing to
the court that the Said Testator was at the time of Executing the Same was
of full age and of sound Mind and Memory and not under restraint
it is therefore considered and ordered that the Said Will be admitted
to Probate and Record as duly Proved as the the last Will and testament
of the Said Earhart Nuse and be recorded as Such and at the Same
time came Martin Miller and Gave Bond as Executor Named in the
will with Frederck Anthoni as his Surety Bond accepted Letters
isued etc B. C. Waters Probate Judge
C.o.p.y of the Will
In the name of the Benovolent Father of all I Ahart Nuce
of South Delaware in the Township of Delaware in the county of
Delaware Ohio do Make and Publish this My Last Will and
testament
1st I will that my Just debts, and Charges be paid out of My Estate
2d I will and bequeath to my beloved wife Lanona- all My House
hold and Kichen furniture beds and bedding
3d I will and bequeath to my Said Wife all My interest legal and
eqitable in and to Lot number 87 in South Delaware aforesaid
with the appertenances theron the Same on which we now
Reside) to her Sole use and benefit- So long as She Shall remain
my Widow But in Case the Said Lanona My Wife Should inter
-marry- then I will to her but the one third part of the Said Lot
number 87 with the appurtenances to her and her heirs and
their Hers and assigns If my Wife Lanona Should die whilst
She remains My Widow then in that Case I will and bequeath to my
Sister Mary Kerchner wife of Christopher Kerchner to My Sister
Barbara Shoup wife of Andrew Shoup and to My Brother John
Nues and to there Heirs and assigns all My Estate legal and
Equitable in and to Said Lot no 87 South Delaware to be equally divided
between them and if My Wife Lanona Should Mary then
and in that case I beqeath but the two thirds of the Said Property
to My Sisters and Brother aforesaid to be equally divided between them.
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 246)
Description
[page 246]
[corresponds to labeled page 213 of Will Records Vol. 5 [1869-1876]
213
Last Will and Testament of Earhart Nues deceased
I appoint Martin Miller, my friend, My Executor of this my last Will and Testament
In testimony whereof I have herento Set My hand and Seal this first day
of April A. D 1850 Earhart Nuse {seal}
Signed and acknowledged by Said Earhart Nuse as his last will and
testament in our presence and Signed by us in his presence
Martin Miller
Joel. Z. Mendenhall
Codicil
Whereas I Earhart Nuss of Delaware County Ohio having made and
duly Executed My last Will and testament in writing bearing date April 1st
A D 1850 Now be it known I do hereby declare this present writing to be as a
Codicil to My Said Will and direct the Same to be annexed thereto and taken
as part thereof It is my will and desire and I hereby devise and bequeath to the
Catholic Church in the Town of Delaware Ohio the Sum of one hundred
dollars and to the Priest of the Said Church the Sum of Twenty five dollars
($25) for the Service of Mass- Item 2d In case I die before My Wife the
out Lot I now own adjoining the town of Delaware Shall be Sold and
from the proceeds thereof I give and bequeath to My Brother John Nuese
the Sum of Eight Hundred Dollars To Mary Kerchner Wife of Christopher
Kerchner the Sum of Four Hundred Dollars and to the children of
My Sister Barbara Shoup wife of Andrew Shoup to each one that remains
a Member of the Catholic Church the Sum of fifty Dollars and if any
remains over the avails of the Said out Lot the Same is to go to my Brother
John Nuese and if deficient for the above Legacies the residue to come
from my other property after the death or marriage of my Said Wife as
in the Said will directed In witness whereof I the said Earhart Nusse have
to this Codicil Set my hand and Seal this 29th day of March AD 1870
Earhart Nusse {seal}
Signed Sealed & Published by the Said Earhart Nusse as and for a codicil
to be added and considered as a part of my Last Will & testament in the
presence of us who at his request have Subscribed the Same as witnesses to the Same
Martin Miller
W D Heim
Probate of Will
The State of Ohio
Delaware County ss } Probate Court
Personally appeared in Probate Court Martin Miller and William
D. Heim the Subscribing witnesses to the Last Will and testament of
and codicil of Earhart Nusse - deceased who being duly sworn according
to Law to Speak the truth and nothing but the truth in relation to
the Execution of Said will depose and Say that the paper before them
purporting to be the Last Will and testament and codicil of Earhart
Nuse - now deceased is the Will and codicil of Said deceased
It also appears to the Court that Joel Z Mendenhall one of the Subs
scribing witnesses to the Said will is now deceased that we the undersigned
witnesses to the codicil were acquainted with the Said Joel Z Mendenhall
[corresponds to labeled page 213 of Will Records Vol. 5 [1869-1876]
213
Last Will and Testament of Earhart Nues deceased
I appoint Martin Miller, my friend, My Executor of this my last Will and Testament
In testimony whereof I have herento Set My hand and Seal this first day
of April A. D 1850 Earhart Nuse {seal}
Signed and acknowledged by Said Earhart Nuse as his last will and
testament in our presence and Signed by us in his presence
Martin Miller
Joel. Z. Mendenhall
Codicil
Whereas I Earhart Nuss of Delaware County Ohio having made and
duly Executed My last Will and testament in writing bearing date April 1st
A D 1850 Now be it known I do hereby declare this present writing to be as a
Codicil to My Said Will and direct the Same to be annexed thereto and taken
as part thereof It is my will and desire and I hereby devise and bequeath to the
Catholic Church in the Town of Delaware Ohio the Sum of one hundred
dollars and to the Priest of the Said Church the Sum of Twenty five dollars
($25) for the Service of Mass- Item 2d In case I die before My Wife the
out Lot I now own adjoining the town of Delaware Shall be Sold and
from the proceeds thereof I give and bequeath to My Brother John Nuese
the Sum of Eight Hundred Dollars To Mary Kerchner Wife of Christopher
Kerchner the Sum of Four Hundred Dollars and to the children of
My Sister Barbara Shoup wife of Andrew Shoup to each one that remains
a Member of the Catholic Church the Sum of fifty Dollars and if any
remains over the avails of the Said out Lot the Same is to go to my Brother
John Nuese and if deficient for the above Legacies the residue to come
from my other property after the death or marriage of my Said Wife as
in the Said will directed In witness whereof I the said Earhart Nusse have
to this Codicil Set my hand and Seal this 29th day of March AD 1870
Earhart Nusse {seal}
Signed Sealed & Published by the Said Earhart Nusse as and for a codicil
to be added and considered as a part of my Last Will & testament in the
presence of us who at his request have Subscribed the Same as witnesses to the Same
Martin Miller
W D Heim
Probate of Will
The State of Ohio
Delaware County ss } Probate Court
Personally appeared in Probate Court Martin Miller and William
D. Heim the Subscribing witnesses to the Last Will and testament of
and codicil of Earhart Nusse - deceased who being duly sworn according
to Law to Speak the truth and nothing but the truth in relation to
the Execution of Said will depose and Say that the paper before them
purporting to be the Last Will and testament and codicil of Earhart
Nuse - now deceased is the Will and codicil of Said deceased
It also appears to the Court that Joel Z Mendenhall one of the Subs
scribing witnesses to the Said will is now deceased that we the undersigned
witnesses to the codicil were acquainted with the Said Joel Z Mendenhall
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 247)
Description
[page 247]
[corresponds to labeled page 214 of Will Records Vol. 5 [1869-1876]
214
Record of the Last Will and Testament of Earhart Nuse deceased
and believe his Signature Signed to the Said will is Genuine and
that he has Since deceased and that Said Martin Miller was present
with the Said J Z Mendenhall as Subscribing witness thereto and that
Said Miller with Wm D Heim were present at the Execution of Said
will and codicil at the request of the testator Subscribed their names
to the Same as witnesses in his presence and that they Saw the
Said Earhart Nuse deceased Sign and Seal Codicil was as to Said Will
Said original Will and heard him acknowledge the same to be his
his last will and testament that the Said Earhart Nuse at the time
of Making Signing and Sealing was of legal age and of Sound mind
and memory and not under any restraint whatsoever
Wm. D. Heim
Martin Miller
Sworn to and Subscribed in open Court this 7th day of June A D
1872 B.C. Waters Probate Judge
_________________________________________________________________
Record of the Last Will of Charles M Fowler deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court house in the Town of Delaware on
the 21st day of June A D 1872
Will and Estate of Charles M Fowler deceased
On this day the Last Will and testament of Charles M Fowler
of Delaware County deceased were Presented for Probate
and record whereupon William R Clark and Emily
Saulsbury the Subscribing witnesses thereto came and were
duly Sworn and their testimony reduced to writing and
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 it is therefore considered and ordered that the
Said will be admitted to Probate and record as duly Proved as
the last will and testament of Charles M Fowler decd
B.C. Waters Probate Judge
Copy of the Will
Delaware April 21st 1871
To all whom this may concern I, Charles M Fowler of Delaware
County State of Ohio do hear in now wish to Set forth how I wish to
have my temporal matters handled or disposed of after my decease
or death (to wit) all the real Estate Deeded in my name Shall
be held and cared for by My beloved wife Catherine Ann Fowler
as Administratrix and Zenas Harrison as my chance to help
her to Administer on all both personal and real Estate and
further I wish the House and Lot in Delaware be Secured to my
Beloved Wife and all the minor heirs with or to the use of or
[corresponds to labeled page 214 of Will Records Vol. 5 [1869-1876]
214
Record of the Last Will and Testament of Earhart Nuse deceased
and believe his Signature Signed to the Said will is Genuine and
that he has Since deceased and that Said Martin Miller was present
with the Said J Z Mendenhall as Subscribing witness thereto and that
Said Miller with Wm D Heim were present at the Execution of Said
will and codicil at the request of the testator Subscribed their names
to the Same as witnesses in his presence and that they Saw the
Said Earhart Nuse deceased Sign and Seal Codicil was as to Said Will
Said original Will and heard him acknowledge the same to be his
his last will and testament that the Said Earhart Nuse at the time
of Making Signing and Sealing was of legal age and of Sound mind
and memory and not under any restraint whatsoever
Wm. D. Heim
Martin Miller
Sworn to and Subscribed in open Court this 7th day of June A D
1872 B.C. Waters Probate Judge
_________________________________________________________________
Record of the Last Will of Charles M Fowler deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio at
his office in the Court house in the Town of Delaware on
the 21st day of June A D 1872
Will and Estate of Charles M Fowler deceased
On this day the Last Will and testament of Charles M Fowler
of Delaware County deceased were Presented for Probate
and record whereupon William R Clark and Emily
Saulsbury the Subscribing witnesses thereto came and were
duly Sworn and their testimony reduced to writing and
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 it is therefore considered and ordered that the
Said will be admitted to Probate and record as duly Proved as
the last will and testament of Charles M Fowler decd
B.C. Waters Probate Judge
Copy of the Will
Delaware April 21st 1871
To all whom this may concern I, Charles M Fowler of Delaware
County State of Ohio do hear in now wish to Set forth how I wish to
have my temporal matters handled or disposed of after my decease
or death (to wit) all the real Estate Deeded in my name Shall
be held and cared for by My beloved wife Catherine Ann Fowler
as Administratrix and Zenas Harrison as my chance to help
her to Administer on all both personal and real Estate and
further I wish the House and Lot in Delaware be Secured to my
Beloved Wife and all the minor heirs with or to the use of or
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 248)
Description
[page 248]
[corresponds to labeled page 215 of Will Records Vol. 5 [1869-1876]
215
Record of the Last Will and testament of Charles M Fowler decd
the rent of the two Hundred Acres of Land of ours lying in Porter Township
Delaware County Ohio my desire is that my Sons John Gray and Charles
Addison Fowler Shall have the first refusal to rent or lease the above
farm from year to year until the youngest heir becomes of age likewise
I desire that as long as Delia Ann remains unmarried She shall be provided
for as a minor heir whilst remaining at Home and doing a childs part to her
mother and sisters and brothers and at the closing up of the Estate Should
be provided for to the amount of Six hundred dollars further I wish after
paying of all Legal debts and demands and the mortgage on this Town
property be lifted and canceled that then there after James Oliver
Fowler be helpt to Such money as can be Spared from time to time until
he receives six hundred dollars as much as Silas W. Fowler has already
drawn and John G and Charles A is to have two Hundred More
than the other two for Longer Service rendered the Girls may be paid
as James and Silas Except Hannah E. Griffin has allready drawn three
Hundred and fifty dollars and if She may be Spared and may need more
help may be helped up to Six hundred dollars no more in case of her
death to her heirs also I bequeath one hundred dollars to the American
Tract Society of New York to be paid in installments of ten dollars
yearly from the commencement of doing business under this will also
one hundred Dollars to be paid as above to the Home Missionary
Society of the reunited Presbyterian Church also five dollars a year
for five years for the Support of the Gospel in the First Presbyterian
Church of Porter of Delaware Co Ohio further I wish after all the debts
which my self and wife have contracted up to this time be paid off
and cancelled then what money may be due or Paid over from the
Estate of John Gray deceased Shall be paid ^over to or the order of my wife
Catharine Ann Fowler to do with as She Sees fit for the best interest
of our remaining children
Sophie R. Gray Charles M. Fowler
The above entering was done June 11th 1872 in the presence of the following
witnesses by Mr Fowlers Request and dictation } Wm R Clark
State of Ohio Delaware County ss } Emily Saulsbury
Probate Court
Personally appeared in open Court Wm R Clark and Emily Saulsbury the Subscribing
witnesses to the Last will and testament of Charles M Fowler deceased who being duly
Sworn according to law to speak the whole truth and nothing but the truth in relation to the
Execution of Said will depose and Say that the Paper before them purporting to be the Last
will
and testament of Charles M Fowler now deceased is the will of said deceased that the
testaments was made June 11th 1872 in the presence of Said affiants by the Said testator
request and dictation that they were present at the Execution of Said will at the request
of the Testator Subscribed their names to the Same as witnesses in his presence and that
Said Charles M Fowler Pointed to Said Signature thereto & said the Same was his signature
thereto
and heard him acknowledge the same to be his last will and testament that Said Charles M
Fowler decd at the time
of making Signing and Sealing Said will and testament was of legal age and of sound mind and
memory & under
no other influence or restraint whatsoever } Wm R Clark
Sworn to and Subscribed in open Court this 21st day June 1872 } Emily Saulsbury
{Seal} B.C. Waters Probate Judge
[corresponds to labeled page 215 of Will Records Vol. 5 [1869-1876]
215
Record of the Last Will and testament of Charles M Fowler decd
the rent of the two Hundred Acres of Land of ours lying in Porter Township
Delaware County Ohio my desire is that my Sons John Gray and Charles
Addison Fowler Shall have the first refusal to rent or lease the above
farm from year to year until the youngest heir becomes of age likewise
I desire that as long as Delia Ann remains unmarried She shall be provided
for as a minor heir whilst remaining at Home and doing a childs part to her
mother and sisters and brothers and at the closing up of the Estate Should
be provided for to the amount of Six hundred dollars further I wish after
paying of all Legal debts and demands and the mortgage on this Town
property be lifted and canceled that then there after James Oliver
Fowler be helpt to Such money as can be Spared from time to time until
he receives six hundred dollars as much as Silas W. Fowler has already
drawn and John G and Charles A is to have two Hundred More
than the other two for Longer Service rendered the Girls may be paid
as James and Silas Except Hannah E. Griffin has allready drawn three
Hundred and fifty dollars and if She may be Spared and may need more
help may be helped up to Six hundred dollars no more in case of her
death to her heirs also I bequeath one hundred dollars to the American
Tract Society of New York to be paid in installments of ten dollars
yearly from the commencement of doing business under this will also
one hundred Dollars to be paid as above to the Home Missionary
Society of the reunited Presbyterian Church also five dollars a year
for five years for the Support of the Gospel in the First Presbyterian
Church of Porter of Delaware Co Ohio further I wish after all the debts
which my self and wife have contracted up to this time be paid off
and cancelled then what money may be due or Paid over from the
Estate of John Gray deceased Shall be paid ^over to or the order of my wife
Catharine Ann Fowler to do with as She Sees fit for the best interest
of our remaining children
Sophie R. Gray Charles M. Fowler
The above entering was done June 11th 1872 in the presence of the following
witnesses by Mr Fowlers Request and dictation } Wm R Clark
State of Ohio Delaware County ss } Emily Saulsbury
Probate Court
Personally appeared in open Court Wm R Clark and Emily Saulsbury the Subscribing
witnesses to the Last will and testament of Charles M Fowler deceased who being duly
Sworn according to law to speak the whole truth and nothing but the truth in relation to the
Execution of Said will depose and Say that the Paper before them purporting to be the Last
will
and testament of Charles M Fowler now deceased is the will of said deceased that the
testaments was made June 11th 1872 in the presence of Said affiants by the Said testator
request and dictation that they were present at the Execution of Said will at the request
of the Testator Subscribed their names to the Same as witnesses in his presence and that
Said Charles M Fowler Pointed to Said Signature thereto & said the Same was his signature
thereto
and heard him acknowledge the same to be his last will and testament that Said Charles M
Fowler decd at the time
of making Signing and Sealing Said will and testament was of legal age and of sound mind and
memory & under
no other influence or restraint whatsoever } Wm R Clark
Sworn to and Subscribed in open Court this 21st day June 1872 } Emily Saulsbury
{Seal} B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 249)
Description
[page 249]
[corresponds to labeled page 216 of Will Records Vol. 5 [1869-1876]
216
Record of the Will of Jesse Haves deceased
Proceedings had before the Hon B.C. Waters Judge of the Court of Probate
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 24th day of June 1872
Will and Estate of Jesse Havens deceased
On this day the Last Will and testament of Jesse Haves deceased
of Delaware County were presented for probate and Record whereupon
B.F. Likes and J P Maynard the Subscribing witnesses thereto came and
were duly Sworn and there 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 any restraint it is ordered that Said will
be admitted to Probate and Record as duly Proved as the Last will
and testament of the Said Jesse Havens deceased and Be recorded
as such B.C. Waters Probate Judge
Copy Will
In the name of the Benevolent Father of all I, Jesse Havens of
Cheshire Delaware County Ohio being of feeble health but of
Sound mind do make and Publish this my Last will and testam
-ents
Item 1st After all legal demands against my Estate are fully paid I Give
and bequeath to my beloved wife All the furniture belonging
to me about the dwelling house my horse and buggy
my cows my hogs the use of the buildings and Lots where
I reside during her natural life the Personal property
to be hers to dispose of as She Shall Judge Proper all claims
due me My wife to have control and use of for her Support
and dispose of for her benefit
I own a pasture field near the Bridge a crop Allum
Creek west of Chesire She to have the use of Same during
her natural life
Item 2d After the decease of my wife I Give and bequeath all of my
real Estate to my two children Sanford Havens and
Sarah Havens to be Equally divided between them in value
Sanford to have the Tract north of Cheshire and any
Personal Property that May remain after the death of my wife
undisposed of I bequeath to the Last named two children
viz Sanford and Sarah Havens
I do hereby revoke all forever wills by me made
In testimony thereof I have hereunto Set my hand and Seal
the 30th day of September AD 1871 Jesse Havens {seal}
Signed Sealed and acknowledged by Jesse havens as his
Last will and testament in our Presence and Signed by us in
his presence B F Likes
J.P. Maynard
[corresponds to labeled page 216 of Will Records Vol. 5 [1869-1876]
216
Record of the Will of Jesse Haves deceased
Proceedings had before the Hon B.C. Waters Judge of the Court of Probate
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 24th day of June 1872
Will and Estate of Jesse Havens deceased
On this day the Last Will and testament of Jesse Haves deceased
of Delaware County were presented for probate and Record whereupon
B.F. Likes and J P Maynard the Subscribing witnesses thereto came and
were duly Sworn and there 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 any restraint it is ordered that Said will
be admitted to Probate and Record as duly Proved as the Last will
and testament of the Said Jesse Havens deceased and Be recorded
as such B.C. Waters Probate Judge
Copy Will
In the name of the Benevolent Father of all I, Jesse Havens of
Cheshire Delaware County Ohio being of feeble health but of
Sound mind do make and Publish this my Last will and testam
-ents
Item 1st After all legal demands against my Estate are fully paid I Give
and bequeath to my beloved wife All the furniture belonging
to me about the dwelling house my horse and buggy
my cows my hogs the use of the buildings and Lots where
I reside during her natural life the Personal property
to be hers to dispose of as She Shall Judge Proper all claims
due me My wife to have control and use of for her Support
and dispose of for her benefit
I own a pasture field near the Bridge a crop Allum
Creek west of Chesire She to have the use of Same during
her natural life
Item 2d After the decease of my wife I Give and bequeath all of my
real Estate to my two children Sanford Havens and
Sarah Havens to be Equally divided between them in value
Sanford to have the Tract north of Cheshire and any
Personal Property that May remain after the death of my wife
undisposed of I bequeath to the Last named two children
viz Sanford and Sarah Havens
I do hereby revoke all forever wills by me made
In testimony thereof I have hereunto Set my hand and Seal
the 30th day of September AD 1871 Jesse Havens {seal}
Signed Sealed and acknowledged by Jesse havens as his
Last will and testament in our Presence and Signed by us in
his presence B F Likes
J.P. Maynard
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 250)
Description
[page 250]
[corresponds to labeled page 217 of Will Records Vol. 5 [1869-1876]
217
Record of the Will of Jesse Havens deceased
The State of Ohio } In the matter of the Last will and testament of
Delaware County ss } Jesse Havens deceased
We B F Likes and J P Maynard being duly Sworn in open
court this 24th day of June Ad 1872 depose and Say that we were
present at the Execution of the Last will and testament of Jesse Havens
of Delaware County hereunto annexed bearing date 30th day September
1871 that we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last will and testament
and that the Said testator at the time of Executing the Same was of
full age and of Sound mind and Memory and not under any
restraint and that we Signed the Same as witnesses at his request
and in his presence and in the Presence of each other
B.F. Likes
J.P. Maynard
Sworn to and Subscribed before me in open Court this
24th day of June AD 1872 B.C. Waters Probate Judge
Record of the Last Will of Julia Herron deceased
Proceedings had before the Honorable B.C. Waters Judge
of the Probate Court within and for the County of Delaware at
his office in the Court House in the Town of Delaware
on the 27th day of June AD 1872
_____________________________________________________________________
Will and Estate of Julia Herron decd
On this day the Last will and testament of Julia Herron of Delaware
County deceased were presented for Probate and Record whereupon
Edgar M Condit and Elias J Condit the Subscribing witnesses
thereto came and were duly sworn and Examined and
three 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 it is therefore considered and ordered that the Said
will be admitted Probate and Record as duly Proved and be
Recorded as the last will and testament of the Said Julia Herron
and be recorded as such B.C. Waters probate Judge
Copy of Will
To whom it may concern Know yea that I Julia Herron of Trenton
Delaware County state of Ohio do make and Publish and disclose
this my last will and testament as follows to wit
First I will and direct that my executor hereinafter named
Shall pay all my funeral expenses and all my Just debts
Second I Give and bequeath to my five Grand Daughters
to wit Julia Kechum Sarah Alden Allice Pace Nella Alden
and Netta Piercson all my Household Goods to be divided Equal
Share and Share alike
[corresponds to labeled page 217 of Will Records Vol. 5 [1869-1876]
217
Record of the Will of Jesse Havens deceased
The State of Ohio } In the matter of the Last will and testament of
Delaware County ss } Jesse Havens deceased
We B F Likes and J P Maynard being duly Sworn in open
court this 24th day of June Ad 1872 depose and Say that we were
present at the Execution of the Last will and testament of Jesse Havens
of Delaware County hereunto annexed bearing date 30th day September
1871 that we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last will and testament
and that the Said testator at the time of Executing the Same was of
full age and of Sound mind and Memory and not under any
restraint and that we Signed the Same as witnesses at his request
and in his presence and in the Presence of each other
B.F. Likes
J.P. Maynard
Sworn to and Subscribed before me in open Court this
24th day of June AD 1872 B.C. Waters Probate Judge
Record of the Last Will of Julia Herron deceased
Proceedings had before the Honorable B.C. Waters Judge
of the Probate Court within and for the County of Delaware at
his office in the Court House in the Town of Delaware
on the 27th day of June AD 1872
_____________________________________________________________________
Will and Estate of Julia Herron decd
On this day the Last will and testament of Julia Herron of Delaware
County deceased were presented for Probate and Record whereupon
Edgar M Condit and Elias J Condit the Subscribing witnesses
thereto came and were duly sworn and Examined and
three 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 it is therefore considered and ordered that the Said
will be admitted Probate and Record as duly Proved and be
Recorded as the last will and testament of the Said Julia Herron
and be recorded as such B.C. Waters probate Judge
Copy of Will
To whom it may concern Know yea that I Julia Herron of Trenton
Delaware County state of Ohio do make and Publish and disclose
this my last will and testament as follows to wit
First I will and direct that my executor hereinafter named
Shall pay all my funeral expenses and all my Just debts
Second I Give and bequeath to my five Grand Daughters
to wit Julia Kechum Sarah Alden Allice Pace Nella Alden
and Netta Piercson all my Household Goods to be divided Equal
Share and Share alike
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 251)
Description
[page 251]
[corresponds to labeled page 218 of Will Records Vol. 5 [1869-1876]
218
Record of the Will of Julia Herron decd
Third I give and bequeath to my Grand daughter Julia Keshum
and her husband Smith C Keshum Each fifty dollars in money
Fourth All the residue of my Estate I give and bequeath to my
Son Alonzo Morrison and my ten Grand children to wit
Julia Kecham Sarah Alden Allice Pace Henry Alden Nettie
Alden Frank Pierson Andrew Pierson & Martin Pierson
to be paid to and divided among them Share and Share alike
by my Said Executor as Soon as the amount can be determined
Fifth I do hereby nominate and appoint Edgar M
Condit Executor of this my Last will and testament
In testimony whereof I have hereunto Set my hand and
Seal this 2d day of March AD 1872 Julia Herron {seal}
Signed
The above and foregoing instrument was Signed
and Sealed in our presence the Said Julia Herron then and
there declared that She Signed and Sealed the Same as her
last will and testament and wished us to bear witness of
the Same Attest Edgar M Condit
Elias J Condit
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of Julia Herron deceased
We Edgar M Condit and Elias J Condit being duly
Sworn in open Court this 27th day of June AD 1872 depose
and Say that we were present at the Execution of the Last will
and testament of Julia Heron deceased of Delaware County
hereunto annexed bearing date Second day of March 1872
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 Edgar M. Condit
Elias J. Condit
Sworn to and Subscribed before me in the Probate
Court this 27th day of June AD 1872
B.C. Waters Probate Judge
[corresponds to labeled page 218 of Will Records Vol. 5 [1869-1876]
218
Record of the Will of Julia Herron decd
Third I give and bequeath to my Grand daughter Julia Keshum
and her husband Smith C Keshum Each fifty dollars in money
Fourth All the residue of my Estate I give and bequeath to my
Son Alonzo Morrison and my ten Grand children to wit
Julia Kecham Sarah Alden Allice Pace Henry Alden Nettie
Alden Frank Pierson Andrew Pierson & Martin Pierson
to be paid to and divided among them Share and Share alike
by my Said Executor as Soon as the amount can be determined
Fifth I do hereby nominate and appoint Edgar M
Condit Executor of this my Last will and testament
In testimony whereof I have hereunto Set my hand and
Seal this 2d day of March AD 1872 Julia Herron {seal}
Signed
The above and foregoing instrument was Signed
and Sealed in our presence the Said Julia Herron then and
there declared that She Signed and Sealed the Same as her
last will and testament and wished us to bear witness of
the Same Attest Edgar M Condit
Elias J Condit
The State of Ohio }
Delaware County ss } In the matter of the Last will and testament
of Julia Herron deceased
We Edgar M Condit and Elias J Condit being duly
Sworn in open Court this 27th day of June AD 1872 depose
and Say that we were present at the Execution of the Last will
and testament of Julia Heron deceased of Delaware County
hereunto annexed bearing date Second day of March 1872
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 Edgar M. Condit
Elias J. Condit
Sworn to and Subscribed before me in the Probate
Court this 27th day of June AD 1872
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 252)
Description
[page 252]
[corresponds to labeled page 219 of Will Records Vol. 5 [1869-1876]
219
Record of the Last Will and testament of Jesse Holmes deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in the Court
House in the Town of Delaware on the 8th day of July AD 1872
Will and Estate of Jesse Holmes deceased
On this day the Last Will and testament of Jesse Holmes was Presented
for Probate and Record whereupon Mary E. Benton and Merlin Benton
the Subscribing witnesses thereto came and were duly Sworn and there
testimony reduced to writing and annexed to the the will and filed there
with and it appearing to the Court that Said will was duly Executed and
attested and that at the time of Executing the Same was of full age and of sound
mind and memory and not under any restraint therefore it is ordered
that the Said will be admitted to probate and Record and duly Proved as the
Last will and testament of Jesse Holmes deceased and at the Same
time came Edward Norris one of the Executors named in the Will
and declined to accept the Said Trust and at the Same time came
Louisa Holmes widow of the Said Jesse Holmes and also Appointed
Executrix by Said will and accepted the Said Trust and gave bail
in the Sum of Two Thousand dollars with Edward Norris and
Walter T Watson as his Surtee Bond accepted Letters Issued etc
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Jesse Holmes 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 wife one third of all
my real Estate and one third of all of my personal property during
her natural life
Item 2d At the death of my wife aforesaid the aforesaid mentioned
real Estate and personal Property I Give and devise to my three
daughters Louisa J Norris Mariah S Lorretta and Nancy Almira
to be equally divided between them
Item 3d I Give and devise to my Son Franklin J Holmes
two Hundred Dollars in paper currency
Item 4th I give and devise to my daughter Elizabeth Lang two Hun
dred Dollars in paper currency
Item 5th Give and devise to my three Daughters Louis J Norris Mariah
S Loretta and Nancy Almira the two thirds of all of my real Estate
at my death and the Balance of my personal Property to be equally
divided between them
Item 6th I do hereby nominate and appoint Edward Norris and my wife
Executor and Executrix of this my Last will and testament
In testimony hereof I have hereinto Set my hand this 27th day of June AD 1872
} Jesse Holmes {seal}
Signed and acknowledged by said Jesse Holmes as his Last will and testament
in our presence and Signed by us in his presence } Mary E. Benton
Merlin Benton
[corresponds to labeled page 219 of Will Records Vol. 5 [1869-1876]
219
Record of the Last Will and testament of Jesse Holmes deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
and for the County of Delaware and State of Ohio at his office in the Court
House in the Town of Delaware on the 8th day of July AD 1872
Will and Estate of Jesse Holmes deceased
On this day the Last Will and testament of Jesse Holmes was Presented
for Probate and Record whereupon Mary E. Benton and Merlin Benton
the Subscribing witnesses thereto came and were duly Sworn and there
testimony reduced to writing and annexed to the the will and filed there
with and it appearing to the Court that Said will was duly Executed and
attested and that at the time of Executing the Same was of full age and of sound
mind and memory and not under any restraint therefore it is ordered
that the Said will be admitted to probate and Record and duly Proved as the
Last will and testament of Jesse Holmes deceased and at the Same
time came Edward Norris one of the Executors named in the Will
and declined to accept the Said Trust and at the Same time came
Louisa Holmes widow of the Said Jesse Holmes and also Appointed
Executrix by Said will and accepted the Said Trust and gave bail
in the Sum of Two Thousand dollars with Edward Norris and
Walter T Watson as his Surtee Bond accepted Letters Issued etc
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Jesse Holmes 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 wife one third of all
my real Estate and one third of all of my personal property during
her natural life
Item 2d At the death of my wife aforesaid the aforesaid mentioned
real Estate and personal Property I Give and devise to my three
daughters Louisa J Norris Mariah S Lorretta and Nancy Almira
to be equally divided between them
Item 3d I Give and devise to my Son Franklin J Holmes
two Hundred Dollars in paper currency
Item 4th I give and devise to my daughter Elizabeth Lang two Hun
dred Dollars in paper currency
Item 5th Give and devise to my three Daughters Louis J Norris Mariah
S Loretta and Nancy Almira the two thirds of all of my real Estate
at my death and the Balance of my personal Property to be equally
divided between them
Item 6th I do hereby nominate and appoint Edward Norris and my wife
Executor and Executrix of this my Last will and testament
In testimony hereof I have hereinto Set my hand this 27th day of June AD 1872
} Jesse Holmes {seal}
Signed and acknowledged by said Jesse Holmes as his Last will and testament
in our presence and Signed by us in his presence } Mary E. Benton
Merlin Benton
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 253)
Description
[page 253]
[corresponds to labeled page 220 of Will Records Vol. 5 [1869-1876]
220
Record Last Will and testament of Jesse Holmes deceased
the State of Ohio Delaware County ss
In the matter of the Last will and testament of Jesse Holmes deceased
We Mary E Benton and Merlin Benton Being duly Sworn in
open Court this 8th day of July AD 1872 depose and Say that we were
present at the Execution of the Last will and testament of Jesse Holmes
of Delaware County hereunto annexed bearing date 27th day of June
1872 that we saw the Said testator Subscribe Said will and heard
him publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under any restraint
and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other
Mary E. Benton
Merlin Benton
Sworn to and Subscribed before me in Probate Court this 8th
day of July AD 1872 B.C. Waters Probate Judge
_______________________________________________
Matter of the Estate } Morrow County Probate Court June 25
of 1872 Probate of Will
Esther Hair Decd }
The last will and testament of Esther
Hair late of this County deceased was this day presented
in open Court by John Stines the Executor named in
the Will of Said decedent also personally appeared at
Same time Christian Tarr and Lucy Jane Tarr Subscri
being Witnesses to Said will who being duly Sworn acc
ording to law testified on oath to the due Execution of
the Same which testimony was reduced to writing by
the Court and by Said witnesses respectively Subscribed
and filed with Said will and it appearing from Such
testimony that Said will was duly attested and executed
and that Said Testatrix at the time of Executing the Same
was of full age of sound mind and memory and not under
any restraint it was ordered that Said will and testimony
be Recorded
Copy of Will
In the name of the Benevolent Father of all I Esther
Hair of the County of Morrow and State of Ohio being
of Sound mind and memory do make and Publish this
My Last Will and testament
Item 1st I desire that all my Just debts and funeral
Expenses be paid out of my Estate
Item 2d I Give and devise to my beloved Sister
Alvina Stiner and her husband John Stiner all
the residence of my Property absolutely and for ever
[corresponds to labeled page 220 of Will Records Vol. 5 [1869-1876]
220
Record Last Will and testament of Jesse Holmes deceased
the State of Ohio Delaware County ss
In the matter of the Last will and testament of Jesse Holmes deceased
We Mary E Benton and Merlin Benton Being duly Sworn in
open Court this 8th day of July AD 1872 depose and Say that we were
present at the Execution of the Last will and testament of Jesse Holmes
of Delaware County hereunto annexed bearing date 27th day of June
1872 that we saw the Said testator Subscribe Said will and heard
him publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under any restraint
and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other
Mary E. Benton
Merlin Benton
Sworn to and Subscribed before me in Probate Court this 8th
day of July AD 1872 B.C. Waters Probate Judge
_______________________________________________
Matter of the Estate } Morrow County Probate Court June 25
of 1872 Probate of Will
Esther Hair Decd }
The last will and testament of Esther
Hair late of this County deceased was this day presented
in open Court by John Stines the Executor named in
the Will of Said decedent also personally appeared at
Same time Christian Tarr and Lucy Jane Tarr Subscri
being Witnesses to Said will who being duly Sworn acc
ording to law testified on oath to the due Execution of
the Same which testimony was reduced to writing by
the Court and by Said witnesses respectively Subscribed
and filed with Said will and it appearing from Such
testimony that Said will was duly attested and executed
and that Said Testatrix at the time of Executing the Same
was of full age of sound mind and memory and not under
any restraint it was ordered that Said will and testimony
be Recorded
Copy of Will
In the name of the Benevolent Father of all I Esther
Hair of the County of Morrow and State of Ohio being
of Sound mind and memory do make and Publish this
My Last Will and testament
Item 1st I desire that all my Just debts and funeral
Expenses be paid out of my Estate
Item 2d I Give and devise to my beloved Sister
Alvina Stiner and her husband John Stiner all
the residence of my Property absolutely and for ever
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 254)
Description
[page 254]
[corresponds to labeled page 221 of Will Records Vol. 5 [1869-1876]
221
Will and Estate of Esther Hair deceased
Item 3d I hereby revoke all former wills by me made
Item 4th I hereby nominate and appoint John Stiner
Executor of this my Last will and testament
I desire that no inventory and appraisment of my Property
be made and that no bond be taken or required of my Said
Executor In testimony werheof I have hereunto Set my
hand and Seal this 6th day of May AD 1872
her
Esther x Hair
mark
Signed and acknowledged by the Said Esther Hair as her
last will and testament in our presence and by us
Signed in her presence the day and year above written
Christian Tarr
Lucy Jane Tarr
Probate of Will
The State of Ohio }
Morrow County ss } Personally appeared in open Court
Christian Larr and Lucy Jane Larr Subscribing witnesses
to the Last Will and testament of Ester Hair late of Said
County deceased who being duly Sworn according to law
depose and Say the foregoing is the Last will and Testament
of Esther Hair deceased that they Subscribed there names
thereto as the attesting witnesses at the request of the Said
Testator and in her presence and in the presence of
each other and that She Signed the Same in their
presence and acknowledged the Same to be her Last Will
and Testament that Said Testatrix at the time of Executing
the same was of full age Sound Mind and memory and
not under any restraint Christian Tarr
Lucy Jane Tarr
Sworn to and subscribed before me this 25th day of
June 1872 A.A. Garndner Probate Judge
The State of Ohio July 27th 1872
Morrow County ss I A.A. Garnder Judge of Said Court
do hereby certify the above and foregoing to be a true
and correct copy of the Last will and testament of
Ester Hair deceased to gather with the Journal
Enlreis and record of testimony pertaining thereto
Witness my hand and the Seal of Said Probate Court
at Mt Gilead Ohio this day and year ^for above
written A.A. Gardner Probate Judge
[corresponds to labeled page 221 of Will Records Vol. 5 [1869-1876]
221
Will and Estate of Esther Hair deceased
Item 3d I hereby revoke all former wills by me made
Item 4th I hereby nominate and appoint John Stiner
Executor of this my Last will and testament
I desire that no inventory and appraisment of my Property
be made and that no bond be taken or required of my Said
Executor In testimony werheof I have hereunto Set my
hand and Seal this 6th day of May AD 1872
her
Esther x Hair
mark
Signed and acknowledged by the Said Esther Hair as her
last will and testament in our presence and by us
Signed in her presence the day and year above written
Christian Tarr
Lucy Jane Tarr
Probate of Will
The State of Ohio }
Morrow County ss } Personally appeared in open Court
Christian Larr and Lucy Jane Larr Subscribing witnesses
to the Last Will and testament of Ester Hair late of Said
County deceased who being duly Sworn according to law
depose and Say the foregoing is the Last will and Testament
of Esther Hair deceased that they Subscribed there names
thereto as the attesting witnesses at the request of the Said
Testator and in her presence and in the presence of
each other and that She Signed the Same in their
presence and acknowledged the Same to be her Last Will
and Testament that Said Testatrix at the time of Executing
the same was of full age Sound Mind and memory and
not under any restraint Christian Tarr
Lucy Jane Tarr
Sworn to and subscribed before me this 25th day of
June 1872 A.A. Garndner Probate Judge
The State of Ohio July 27th 1872
Morrow County ss I A.A. Garnder Judge of Said Court
do hereby certify the above and foregoing to be a true
and correct copy of the Last will and testament of
Ester Hair deceased to gather with the Journal
Enlreis and record of testimony pertaining thereto
Witness my hand and the Seal of Said Probate Court
at Mt Gilead Ohio this day and year ^for above
written A.A. Gardner Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 255)
Description
[page 255]
[corresponds to labeled page 222 of Will Records Vol. 5 [1869-1876]
222
Record of the Last Will and Testament of John Budd deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware
on the 10th day of August AD 1872
Will and Estate of John Budd Sr deceased
On this day the Last will and testament of John Budd ss deceased
of Delaware County were presented for Probate and Record where
upon Lyman B. Hanover and Eli Downing the Subscribing
witnesses thereto came 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 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 mem
-ory and not under any restraint It is therefore considered
and ordered that the Said will be admitted to Probate and Record
as duly Proved as the Last will and Testament of John Budd Sr
deceased and at the Same time James Hughs was Selected
as the Administrator with the will annexed who gave
Bond to the Satisfaction of the Courts Letters Issued &c
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benovolent Father of all I John Budd of Harlem
Township Delaware County Ohio in view of the uncertanty of Life
and the certainty of death do make and Publish this my last
will and Testament
Item 1st I devise that all my Just debts funeral and all other necessary
expenses to be paid out of my personal estate
Item 2d I Give devise and bequeath unto my beloved wife the Farm
on which I now reside containing about one hundred and
Sixty five Acres of Land and also all my household Goods
and furniture of every kind all the provisions provided for
the family and also four Hundred Dollars out of my notes
and money during her natural Life
Item 3d At the death of my ^Said wife I give devise and bequeath to my Son
James Budd 2d fifty five acres of the above mentioned farm
off of the East part of Said farm including that Portion of farm
on which he now Resides and also at the death of my Said wife
I Give devise and bequeath unto my two sons John Budd and
William Budd the remaining portion of Said farm Equally
divided between them
Item 4th All my personal property whatever there may be at my death
including notes money after paying the foregoing items I devise
to be equally divided between all my following named children
Minor Budd Inman Budd Remembrance Savage Eli Budd
Abraham Budds children William Budd John Budd Jr. James
Budd 2d Elijah Budds child and also
[corresponds to labeled page 222 of Will Records Vol. 5 [1869-1876]
222
Record of the Last Will and Testament of John Budd deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware
on the 10th day of August AD 1872
Will and Estate of John Budd Sr deceased
On this day the Last will and testament of John Budd ss deceased
of Delaware County were presented for Probate and Record where
upon Lyman B. Hanover and Eli Downing the Subscribing
witnesses thereto came 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 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 mem
-ory and not under any restraint It is therefore considered
and ordered that the Said will be admitted to Probate and Record
as duly Proved as the Last will and Testament of John Budd Sr
deceased and at the Same time James Hughs was Selected
as the Administrator with the will annexed who gave
Bond to the Satisfaction of the Courts Letters Issued &c
B.C. Waters Probate Judge
Copy of the Will
In the name of the Benovolent Father of all I John Budd of Harlem
Township Delaware County Ohio in view of the uncertanty of Life
and the certainty of death do make and Publish this my last
will and Testament
Item 1st I devise that all my Just debts funeral and all other necessary
expenses to be paid out of my personal estate
Item 2d I Give devise and bequeath unto my beloved wife the Farm
on which I now reside containing about one hundred and
Sixty five Acres of Land and also all my household Goods
and furniture of every kind all the provisions provided for
the family and also four Hundred Dollars out of my notes
and money during her natural Life
Item 3d At the death of my ^Said wife I give devise and bequeath to my Son
James Budd 2d fifty five acres of the above mentioned farm
off of the East part of Said farm including that Portion of farm
on which he now Resides and also at the death of my Said wife
I Give devise and bequeath unto my two sons John Budd and
William Budd the remaining portion of Said farm Equally
divided between them
Item 4th All my personal property whatever there may be at my death
including notes money after paying the foregoing items I devise
to be equally divided between all my following named children
Minor Budd Inman Budd Remembrance Savage Eli Budd
Abraham Budds children William Budd John Budd Jr. James
Budd 2d Elijah Budds child and also
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 256)
Description
[page 256]
[corresponds to labeled page 223 of Will Records Vol. 5 [1869-1876]
223
Record of the Last Will and Testament of John Budd deceased
Whatever personal property that may remain of any at the death of my
Said wife to be equally divided between foregoing named children
Item 5th I do hereby nominate and appoint John Adams Executor of this my last
will and testament
Item 7th I hereby revoke all former wills made by me
his
John x Budd
mark
Signed and acknowledged by Sara John Budd as his last will and
Testament in our presence and Signed by us in his presence at his
request This 29th day of May AD 1866
Lyman B. Hanover
Eli Downing -
The State of Ohio
Delaware County ss In the matter of the last Will and Testament of
John Budd Sr of Harlem Township Delaware County deceased
We Lyman B. Hanover and Eli Downing being duly Sworn
in open Court this 10th day of August A.D. 1872 depose and Say that
we were present at the execution of the Last will and testament of John Budd
of Delaware County hereunto annexed bearing date 29th day of May
AD 1866 that We Saw the Said testator Subscribe Said Will and heard him
publish and declare the Same to be his Last will and testament
and that the Said testator at the time of Executing the Same was of
full age and of Sound mind and memory and under no restraint
and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other
Lyman B. Hanover
Eli Downing
Sworn to and Subscribed before me in Probate Court this 10th day
August AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 223 of Will Records Vol. 5 [1869-1876]
223
Record of the Last Will and Testament of John Budd deceased
Whatever personal property that may remain of any at the death of my
Said wife to be equally divided between foregoing named children
Item 5th I do hereby nominate and appoint John Adams Executor of this my last
will and testament
Item 7th I hereby revoke all former wills made by me
his
John x Budd
mark
Signed and acknowledged by Sara John Budd as his last will and
Testament in our presence and Signed by us in his presence at his
request This 29th day of May AD 1866
Lyman B. Hanover
Eli Downing -
The State of Ohio
Delaware County ss In the matter of the last Will and Testament of
John Budd Sr of Harlem Township Delaware County deceased
We Lyman B. Hanover and Eli Downing being duly Sworn
in open Court this 10th day of August A.D. 1872 depose and Say that
we were present at the execution of the Last will and testament of John Budd
of Delaware County hereunto annexed bearing date 29th day of May
AD 1866 that We Saw the Said testator Subscribe Said Will and heard him
publish and declare the Same to be his Last will and testament
and that the Said testator at the time of Executing the Same was of
full age and of Sound mind and memory and under no restraint
and that we Signed the Same as witnesses at his request and in his
presence and in the presence of each other
Lyman B. Hanover
Eli Downing
Sworn to and Subscribed before me in Probate Court this 10th day
August AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 257)
Description
[page 257]
[corresponds to labeled page 224 of Will Records Vol. 5 [1869-1876]
224
Record of the Last Will and testament Jacob Willis deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State Ohio said at his
office in the Court House in the Town of Delaware on the 21st
August 1872
Will and Estate of Jacob Willes deceased
On this day the Last will and testament of Jacob Willes of
Delaware County deceased were presented for Probate and
Record whereupon John Remedy Joseph Bailey and
Simon Dilsaver the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing
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. It is therefore considered and ordered
that the Said will be admitted to Probate and record as duly
Proved as the Last Will and testament of Jacob Willes decd
and be recorded as Such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all
I Jacob Willes of the County of Delaware and State of Ohio
do make and publish this my Last Will and testament
Item 1st I bequeath to my beloved wife Elizabeth Willes all
of my property both real and personal after my Just debts
are all paid with the exceptions of fity Dollars I bequeath
to my adopted Son William Willes
Item 2d I do reserve enough of money to put Suitable Tomb
Stone to our Graves Myself my two boxes
Item 3d I Give my executor full controll of all the property and to
sell it when they think best and the above bequeath not
to be paid untill the Property is Sold
Item 4th I do nominate and appoint my Wife Elizabeth Willes
and John Kennedy Executors of this My Last Will and testament
Item 5th revoking all former Wills made by me in testimony whereof
I have hereunto Set my hand -- Seal this 18th day of April
in the year of our Lord 1870 his
Jacob x Welles
mark
Signed and acknowledged by Said
Jacob Willes as his Last Will and testament
and Signed by him in our presence and
Signed by us in his presence
John Kennedy
Joseph Bailey
Simon Dilsaver
[corresponds to labeled page 224 of Will Records Vol. 5 [1869-1876]
224
Record of the Last Will and testament Jacob Willis deceased
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State Ohio said at his
office in the Court House in the Town of Delaware on the 21st
August 1872
Will and Estate of Jacob Willes deceased
On this day the Last will and testament of Jacob Willes of
Delaware County deceased were presented for Probate and
Record whereupon John Remedy Joseph Bailey and
Simon Dilsaver the Subscribing witnesses thereto came
and were duly Sworn and their testimony reduced to writing
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. It is therefore considered and ordered
that the Said will be admitted to Probate and record as duly
Proved as the Last Will and testament of Jacob Willes decd
and be recorded as Such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all
I Jacob Willes of the County of Delaware and State of Ohio
do make and publish this my Last Will and testament
Item 1st I bequeath to my beloved wife Elizabeth Willes all
of my property both real and personal after my Just debts
are all paid with the exceptions of fity Dollars I bequeath
to my adopted Son William Willes
Item 2d I do reserve enough of money to put Suitable Tomb
Stone to our Graves Myself my two boxes
Item 3d I Give my executor full controll of all the property and to
sell it when they think best and the above bequeath not
to be paid untill the Property is Sold
Item 4th I do nominate and appoint my Wife Elizabeth Willes
and John Kennedy Executors of this My Last Will and testament
Item 5th revoking all former Wills made by me in testimony whereof
I have hereunto Set my hand -- Seal this 18th day of April
in the year of our Lord 1870 his
Jacob x Welles
mark
Signed and acknowledged by Said
Jacob Willes as his Last Will and testament
and Signed by him in our presence and
Signed by us in his presence
John Kennedy
Joseph Bailey
Simon Dilsaver
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 258)
Description
[page 258]
[corresponds to labeled page 225 of Will Records Vol. 5 [1869-1876]
225
The State of Ohio }
Delaware County ss } In the Matter of the Last Will and testament of
Jacob Willes of Delaware County deceased
We John Kennedy Joseph Bailey and Simon Dilsaver the
Subscribing witnesses being duly Sworn in open Court this 21st day
of August AD 1872 depose and Say that we were present at the
Execution of the Last Will and testament of Jacob Willes of Delaware
County hereunto annexed bearing date 18th day April AD 1870 that we
Saw the Said testator Subscribe Said will and heard him publish
and declare the Same to be his Last will and testament and that the
Said testator at the time of Executing the Same was of full age and
of Sound Mind and Memory and not under 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 Kennedy
Joseph Bailey
Simon Dilsaver
Sworn to and Subscribed before me in Probate Court this 21st
day of August AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 225 of Will Records Vol. 5 [1869-1876]
225
The State of Ohio }
Delaware County ss } In the Matter of the Last Will and testament of
Jacob Willes of Delaware County deceased
We John Kennedy Joseph Bailey and Simon Dilsaver the
Subscribing witnesses being duly Sworn in open Court this 21st day
of August AD 1872 depose and Say that we were present at the
Execution of the Last Will and testament of Jacob Willes of Delaware
County hereunto annexed bearing date 18th day April AD 1870 that we
Saw the Said testator Subscribe Said will and heard him publish
and declare the Same to be his Last will and testament and that the
Said testator at the time of Executing the Same was of full age and
of Sound Mind and Memory and not under 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 Kennedy
Joseph Bailey
Simon Dilsaver
Sworn to and Subscribed before me in Probate Court this 21st
day of August AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 259)
Description
[page 259]
[corresponds to labeled page 226 of Will Records Vol. 5 [1869-1876]
226
Record of the Last Will and Testament of Robert Powell deceased
Proceedings had fore the Hon B.C. Waters Probate Judge within and for the
County of Delaware and State of Ohio at his office in the Court House
in the Town of Delaware on the 2d day of September AD 1872
Will and Estate of Robert Powell decd
On this day the Last Will and testament of Robert Powell of Delaware
County deceased were presented for Probate and record Whereupon
J.W. Watkins and F M Joy the Subscribing witnesses thereto
came and were duly Sworn and there testimony reduced to writing
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 it is therefore
considered and ordered that the Said Will be admitted to Probate
and Record as duly Proved as the Last Will and testament of Robert
Powell decd & at the Same time came John Powell Executor
named in the will and accepted the Said Trust no bonds required
and no appraisement of the Personal Property B.C. Waters Pro Judge
Copy of Will
The last Will and testament of Robert Powell of Delhi in Radnor
Township and Delaware County Ohio
I the Said Robert Powell do make and publish this as my last
Will and testament as follows to wit --
1st It is my will that all my Just debts and the expenses of settling
my estate be first paid out of my personal property not other
-wise disposed of in the will
2d I will and bequeath to my daughter Margaretta Powell twenty
five Hundred dollars in United States bonds now in the Bank
at Delaware and belonging to me and in my name
3d I will bequeath and devise unto my Said daughter Margaretta
Powell two tracts or parcels of land in Radnor Township to wit
one tract a piece of land containing about 105 acres of Land more
or less being the same piece or parcel of Land conveyed to me
by Evan Evans and wife and on which Evans formily resided
and also another piece or tract of land containing Sixty two (62)
acres more or less being the Same land conveyed to me by William
Morgans and wife To have and to hold the Said land to her self for
Life and them to the issue of her body in fee but in case She Said
Margaretta Should die leaving no issue at the time of her death then
living or Living decendants of such issue them I will and devise
the Same land upon Such failure of Such issue or there decendants
then living at her death as aforesaid to my Son John Powell in fee
4th I will bequeath and devise all the remainder of my property both
real and personal of all kinds and descriptions whatsoever unto
my Son John Powell his heirs and assigns forever and I
further Give and devise unto my Said Son John the right and
privilege to take and use as he may want or need the same all the
trees wood and timber Standing and being on the Said 62 acre
tract above described known as the Morgan Lot that may not
[corresponds to labeled page 226 of Will Records Vol. 5 [1869-1876]
226
Record of the Last Will and Testament of Robert Powell deceased
Proceedings had fore the Hon B.C. Waters Probate Judge within and for the
County of Delaware and State of Ohio at his office in the Court House
in the Town of Delaware on the 2d day of September AD 1872
Will and Estate of Robert Powell decd
On this day the Last Will and testament of Robert Powell of Delaware
County deceased were presented for Probate and record Whereupon
J.W. Watkins and F M Joy the Subscribing witnesses thereto
came and were duly Sworn and there testimony reduced to writing
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 it is therefore
considered and ordered that the Said Will be admitted to Probate
and Record as duly Proved as the Last Will and testament of Robert
Powell decd & at the Same time came John Powell Executor
named in the will and accepted the Said Trust no bonds required
and no appraisement of the Personal Property B.C. Waters Pro Judge
Copy of Will
The last Will and testament of Robert Powell of Delhi in Radnor
Township and Delaware County Ohio
I the Said Robert Powell do make and publish this as my last
Will and testament as follows to wit --
1st It is my will that all my Just debts and the expenses of settling
my estate be first paid out of my personal property not other
-wise disposed of in the will
2d I will and bequeath to my daughter Margaretta Powell twenty
five Hundred dollars in United States bonds now in the Bank
at Delaware and belonging to me and in my name
3d I will bequeath and devise unto my Said daughter Margaretta
Powell two tracts or parcels of land in Radnor Township to wit
one tract a piece of land containing about 105 acres of Land more
or less being the same piece or parcel of Land conveyed to me
by Evan Evans and wife and on which Evans formily resided
and also another piece or tract of land containing Sixty two (62)
acres more or less being the Same land conveyed to me by William
Morgans and wife To have and to hold the Said land to her self for
Life and them to the issue of her body in fee but in case She Said
Margaretta Should die leaving no issue at the time of her death then
living or Living decendants of such issue them I will and devise
the Same land upon Such failure of Such issue or there decendants
then living at her death as aforesaid to my Son John Powell in fee
4th I will bequeath and devise all the remainder of my property both
real and personal of all kinds and descriptions whatsoever unto
my Son John Powell his heirs and assigns forever and I
further Give and devise unto my Said Son John the right and
privilege to take and use as he may want or need the same all the
trees wood and timber Standing and being on the Said 62 acre
tract above described known as the Morgan Lot that may not
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 260)
Description
[page 260]
[corresponds to labeled page 227 of Will Records Vol. 5 [1869-1876]
227
be needed on the Same as were Shade trees and the above devise to my
daughter is Subject to this devise
5th I do hereby constitute and appoint my Son John Powell Executor
of this my last will and testament hereby authorizing and empowering
him to compromise and Settle all all Claimse and matters due me in
such manner and upon such terms as he may deem best And I
request that he may not be requested to Give any bonds as Such Executor
and that there be no appraisment or Sale bill of my Estate in the
Settlement thereof but hereby trusting the whole to my Said Son
In testimony whereof I have hereunto Set my hand and
Seal this 7th day of July A.D 1860
Signed Sealed Published and } Robert Powell {seal}
declared by the Said Robert Powell as his
Last will and testament in our presence
and we at his request in his presence of each other have
Signed the Same as witnesses thereto
J W Watkins
F M Joy
The State of Ohio
Delaware County ss } In the matter of the last will and testament of
Robert Powell of Delaware County deceased
We J.W. Watkins and F M Joy being duly Sworn in open Court
this 2d day of September A.D. 1872 depose and Say that we were
present at the Execution of the last Will and testament of Robert
Powell of Delaware County hereunto annexed bearing date Seventh
day of July 1869 that we Saw the Said testator Subscribe Said will
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 and memory
and not under any restraint and that we Signed the Same
as Witnesses at his request and in his presence and in the presence
of each other J.W. Watkins
F M Joy
Sworn to and Subscribed before me in Probate Court the 2d day
of September AD 1872 Benjamin C. Waters Pro Judge
[corresponds to labeled page 227 of Will Records Vol. 5 [1869-1876]
227
be needed on the Same as were Shade trees and the above devise to my
daughter is Subject to this devise
5th I do hereby constitute and appoint my Son John Powell Executor
of this my last will and testament hereby authorizing and empowering
him to compromise and Settle all all Claimse and matters due me in
such manner and upon such terms as he may deem best And I
request that he may not be requested to Give any bonds as Such Executor
and that there be no appraisment or Sale bill of my Estate in the
Settlement thereof but hereby trusting the whole to my Said Son
In testimony whereof I have hereunto Set my hand and
Seal this 7th day of July A.D 1860
Signed Sealed Published and } Robert Powell {seal}
declared by the Said Robert Powell as his
Last will and testament in our presence
and we at his request in his presence of each other have
Signed the Same as witnesses thereto
J W Watkins
F M Joy
The State of Ohio
Delaware County ss } In the matter of the last will and testament of
Robert Powell of Delaware County deceased
We J.W. Watkins and F M Joy being duly Sworn in open Court
this 2d day of September A.D. 1872 depose and Say that we were
present at the Execution of the last Will and testament of Robert
Powell of Delaware County hereunto annexed bearing date Seventh
day of July 1869 that we Saw the Said testator Subscribe Said will
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 and memory
and not under any restraint and that we Signed the Same
as Witnesses at his request and in his presence and in the presence
of each other J.W. Watkins
F M Joy
Sworn to and Subscribed before me in Probate Court the 2d day
of September AD 1872 Benjamin C. Waters Pro Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 261)
Description
[page 261]
[corresponds to labeled page 228 of Will Records Vol. 5 [1869-1876]
228
Record of the last Will and Testament of Hanora Herron
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House on the 17th day of August 1872
Will and Estate of Hanora Herron decd
On this day the Last Will and Testament of Hanona Herron decd
were presented to the Court for Probate and Record Whereupon
H.E. Buck and C.H. McElroy the Subscribing Witnesses thereto came and
were duly Sworn and their testimony reduced to writing and 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 It is therefore
considered and ordered that the Said will be admitted to Probate
and Record as duly Proved as the Last will of the Said Hanora
Herron decd & be recorded as Such B.C. Waters Probate Judge
Copy of Will
I Hanora A Herron of Delaware Ohio being of Sound mind
and memory & understanding do make & publish this my last
will and Testament
I do Give devise and Bequeath to my beloved Husband Eugene
A Herron all of my Estate Real & Personal and I do hereby appoint
and make my said Husband Eugene A Herron Executor of this
My Last Will and Testament I do hereby revoke all former wills
by me made In testimony whereof I have hereunto Set my
hand and Seal this 29th day of August AD 1870
Hanora A Herron {seal}
Signed and acknowledged by Said Hanora A Herron
as her Last Will and testament in our presence and signed
by us in her presence and in the presence of each other
H. E. Buck
C. H. McElroy
The State of Ohio
Delaware County ss In the matter of the Last will and testament
of Hanora A Herron of Delaware County deceased
We H.E. Buck and C.A. McElroy Being duly Sworn in open
Court this 17th day of August AD 1872 depose and Say that we
were present at the Execution of the Last will and testament
of Hanora A Herron of Delaware County hereunto annex
bearing date 29th day of August 1870 that we Saw the Said testatrix
Subscribe Said will and herd 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 & 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 } H E Buck
Sworn to and Subscribe before me in Probate Court } C H McElroy
this 17th day of August AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 228 of Will Records Vol. 5 [1869-1876]
228
Record of the last Will and Testament of Hanora Herron
Proceedings had before the Hon B.C. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House on the 17th day of August 1872
Will and Estate of Hanora Herron decd
On this day the Last Will and Testament of Hanona Herron decd
were presented to the Court for Probate and Record Whereupon
H.E. Buck and C.H. McElroy the Subscribing Witnesses thereto came and
were duly Sworn and their testimony reduced to writing and 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 It is therefore
considered and ordered that the Said will be admitted to Probate
and Record as duly Proved as the Last will of the Said Hanora
Herron decd & be recorded as Such B.C. Waters Probate Judge
Copy of Will
I Hanora A Herron of Delaware Ohio being of Sound mind
and memory & understanding do make & publish this my last
will and Testament
I do Give devise and Bequeath to my beloved Husband Eugene
A Herron all of my Estate Real & Personal and I do hereby appoint
and make my said Husband Eugene A Herron Executor of this
My Last Will and Testament I do hereby revoke all former wills
by me made In testimony whereof I have hereunto Set my
hand and Seal this 29th day of August AD 1870
Hanora A Herron {seal}
Signed and acknowledged by Said Hanora A Herron
as her Last Will and testament in our presence and signed
by us in her presence and in the presence of each other
H. E. Buck
C. H. McElroy
The State of Ohio
Delaware County ss In the matter of the Last will and testament
of Hanora A Herron of Delaware County deceased
We H.E. Buck and C.A. McElroy Being duly Sworn in open
Court this 17th day of August AD 1872 depose and Say that we
were present at the Execution of the Last will and testament
of Hanora A Herron of Delaware County hereunto annex
bearing date 29th day of August 1870 that we Saw the Said testatrix
Subscribe Said will and herd 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 & 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 } H E Buck
Sworn to and Subscribe before me in Probate Court } C H McElroy
this 17th day of August AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 262)
Description
[page 262]
[corresponds to labeled page 229 of Will Records Vol. 5 [1869-1876]
229
Record of the Last Will and Testament of Nimrod H Payne decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
& for the County of Delaware and State of Ohio at His Office in the Court House
in the Town of Delaware on the 21st day of September AD 1872
Will and Estate of N H Payne deceased
On this day the Last Will and testament of H.H. Payne of Delaware County
deceased were presented for Probate and Record whereupon E. Kimball
and George Armstrong the subscribing witnesses thereto came and were duly
Sworn and their testimony reduced to writing 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 It is therefore considered and ordered that
the Said will be admitted to Probate and record as duly Proved as
the the Last will and testament of Nimrod H Payne and Be record
as Such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Nimrod H. Payne
of the village of Sunbury Township of Berkshire County of
Delaware and State of Ohio being of Sound mind and relentive
memory do make and publish this my last will and testament
to wit
Item 1st It is my will that my executor shall cause all Just debts
and Legal demands against my Estate to be fully paid
Item 2d I Give and bequeath to my beloved wife Elizabeth Paying
all my Estate both real and Personal during her natural Life
to dispose of and use as She may elect
Item 3d It is my will that at the decease of my beloved wife
Elizabeth Payne that my Estate as it then may be, be it more
more or less be equally divided between my two daughters
Sarah A. and Ada M. or their Legal representatives
Item 4th I hereby appoint my beloved wife Elizabeth Payne
Executor of this my Last Will and testament without
Bonds In testimony whereof I have hereunto Set my
hand and Seal this 18th day of March 1872
Signed and acknowledged in our } N.H. Payne {seal}
presence and Signed by us in his presence }
E. Kimball
George Armstrong
The State of Ohio
Delaware County ss In the matter of the Last Will and testament
of N. H. Payne of Delaware County decd
We Elias Kimball and George Armstrong being duly
Sworn in open Court this 21st day of September AD 1872
depose and Say that we were present at the Execution of the Last
Will and testament of N.H. Payne of Delaware County hereto
annexed bearing date 18th day of March 1872 that we
[corresponds to labeled page 229 of Will Records Vol. 5 [1869-1876]
229
Record of the Last Will and Testament of Nimrod H Payne decd
Proceedings had before the Hon B.C. Waters Judge of the Probate Court within
& for the County of Delaware and State of Ohio at His Office in the Court House
in the Town of Delaware on the 21st day of September AD 1872
Will and Estate of N H Payne deceased
On this day the Last Will and testament of H.H. Payne of Delaware County
deceased were presented for Probate and Record whereupon E. Kimball
and George Armstrong the subscribing witnesses thereto came and were duly
Sworn and their testimony reduced to writing 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 It is therefore considered and ordered that
the Said will be admitted to Probate and record as duly Proved as
the the Last will and testament of Nimrod H Payne and Be record
as Such B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I Nimrod H. Payne
of the village of Sunbury Township of Berkshire County of
Delaware and State of Ohio being of Sound mind and relentive
memory do make and publish this my last will and testament
to wit
Item 1st It is my will that my executor shall cause all Just debts
and Legal demands against my Estate to be fully paid
Item 2d I Give and bequeath to my beloved wife Elizabeth Paying
all my Estate both real and Personal during her natural Life
to dispose of and use as She may elect
Item 3d It is my will that at the decease of my beloved wife
Elizabeth Payne that my Estate as it then may be, be it more
more or less be equally divided between my two daughters
Sarah A. and Ada M. or their Legal representatives
Item 4th I hereby appoint my beloved wife Elizabeth Payne
Executor of this my Last Will and testament without
Bonds In testimony whereof I have hereunto Set my
hand and Seal this 18th day of March 1872
Signed and acknowledged in our } N.H. Payne {seal}
presence and Signed by us in his presence }
E. Kimball
George Armstrong
The State of Ohio
Delaware County ss In the matter of the Last Will and testament
of N. H. Payne of Delaware County decd
We Elias Kimball and George Armstrong being duly
Sworn in open Court this 21st day of September AD 1872
depose and Say that we were present at the Execution of the Last
Will and testament of N.H. Payne of Delaware County hereto
annexed bearing date 18th day of March 1872 that we
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 263)
Description
[page 263]
[corresponds to labeled page 230 of Will Records Vol. 5 [1869-1876]
230
Record of Last Will and testament of N.H. Payne decd
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 Subscribing the Same was 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
E. Kimball
George Armstrong
Sworn to and Subscribed before me in Probate Court
this 21st day of Sept AD 1872 B.C. Waters Probate
Judge
Record of Last Will and testament of Peter Rank deceased
Proceedings had before the Hon. B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on
the 15th day of October AD 1872 B.C. Waters Probate Judge
Will and Estate of Peter Ranck deceased
On this day the Last Will and testament of Peter Rank deceased
of Delaware County were presented for Probate and Record where
upon Samuel Patterson and Jesse Moss the Subscribing witness
-es thereto came and were duly Sworn and their testimony
reduced to writing and 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
it is therefore considered and ordered that the Said will be
admitted to probate and Record as duly Proved as the last will
and testament of Peter Rank deceased and at the Same time
came Philip Rank and Martin Rank the Executors named in
the will and Gave Bond in the Sum of $1000.00 with Samuel
Patterson and Jesse Moss as his Surite Bond accepted Letters
issued etc B.C. Waters Probate Judge
Copy of Will
In the name of the Benevolent Father of all I, Peter Ranck of Genoa
Township Delaware County State of Ohio do make and Publish
this my Last Will and testament
First I Give and devise to my beloved wife in Lieu of her
dower the farm on which we now reside Situate in Township
and County above named Containing about fifty acres during
her natural life and all the Stock Household Goods furniture
provisions and other Goods and chattles which may be thereon
belonging -- at the time of my decease during her natural
life as aforesaid, She however parting with So much of the
personal property to pay all My Just debts
[corresponds to labeled page 230 of Will Records Vol. 5 [1869-1876]
230
Record of Last Will and testament of N.H. Payne decd
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 Subscribing the Same was 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
E. Kimball
George Armstrong
Sworn to and Subscribed before me in Probate Court
this 21st day of Sept AD 1872 B.C. Waters Probate
Judge
Record of Last Will and testament of Peter Rank deceased
Proceedings had before the Hon. B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of Ohio
at his office in the Court House in the Town of Delaware on
the 15th day of October AD 1872 B.C. Waters Probate Judge
Will and Estate of Peter Ranck deceased
On this day the Last Will and testament of Peter Rank deceased
of Delaware County were presented for Probate and Record where
upon Samuel Patterson and Jesse Moss the Subscribing witness
-es thereto came and were duly Sworn and their testimony
reduced to writing and 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
it is therefore considered and ordered that the Said will be
admitted to probate and Record as duly Proved as the last will
and testament of Peter Rank deceased and at the Same time
came Philip Rank and Martin Rank the Executors named in
the will and Gave Bond in the Sum of $1000.00 with Samuel
Patterson and Jesse Moss as his Surite Bond accepted Letters
issued etc B.C. Waters Probate Judge
Copy of Will
In the name of the Benevolent Father of all I, Peter Ranck of Genoa
Township Delaware County State of Ohio do make and Publish
this my Last Will and testament
First I Give and devise to my beloved wife in Lieu of her
dower the farm on which we now reside Situate in Township
and County above named Containing about fifty acres during
her natural life and all the Stock Household Goods furniture
provisions and other Goods and chattles which may be thereon
belonging -- at the time of my decease during her natural
life as aforesaid, She however parting with So much of the
personal property to pay all My Just debts
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 264)
Description
[page 264]
[corresponds to labeled page 231 of Will Records Vol. 5 [1869-1876]
231
Record of the Last Will and testament of Peter Ranck decd
Second At the death of my Said wife the real Estate aforesaid to be
Sold to the best advantage and the money arrising therefrom to be
equally divided to my heirs Philip A. Ranck Martin H. Ranck Uriah
M Ranck Frances M Ranck William P Ranck and Catharine L Ranck
I do hereby nominate and appoint my beloved wife Eliza Guardian
of Such of my heirs as may be under age at the time of my decease
untill they arrive of age
Third I do hereby nominate and appoint my sons Philip A. Ranck
and Martin H. Ranck 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 epower
them if it Shall become necessary in order to pay my debts to
Sell by Private Sale or in Such manner upon Such terms as they
deem but Such ammount of my personal Property as to pay all
my Just debts
In testimony hereof I have hereunto Set my
hand and Seal this tenth day of August in the year of our Lord
one thousand Eight Hundred and Seventy two
Peter Ranck {seal}
Signed and acknowledged before me
as his Last will and testament this
10th day August AD 1872 S Sharp J P
Signed and acknowledged by Said Peter Ranck as his Last will
and testament in our presence and Signed by us in his
presence Samuel Patterson
Jesse Moss
The State of Ohio }
Delaware County ss } In the matter of the Last will and
testament of Peter Ranck of Genoa Township deceased
We Samuel Patterson and Jesse Moss being duly Sworn in
open Court this 15th day of October AD 1872 depose and Say
that we were present at the Execution of the Last will and testament
of Peter Ranck of Delaware County hereunto annexed bearing date
tenth day of August 1872 that we Saw the said testator Subscribe
Said will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time of
of Executing the Same was of full age and of Sound mind and
memory and not under 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 Patterson
Jesse Moss
Sworn to and Subscribed before me in Probate Court this 15th
day of October AD 1872 B.C. Waters Probate
Judge
[corresponds to labeled page 231 of Will Records Vol. 5 [1869-1876]
231
Record of the Last Will and testament of Peter Ranck decd
Second At the death of my Said wife the real Estate aforesaid to be
Sold to the best advantage and the money arrising therefrom to be
equally divided to my heirs Philip A. Ranck Martin H. Ranck Uriah
M Ranck Frances M Ranck William P Ranck and Catharine L Ranck
I do hereby nominate and appoint my beloved wife Eliza Guardian
of Such of my heirs as may be under age at the time of my decease
untill they arrive of age
Third I do hereby nominate and appoint my sons Philip A. Ranck
and Martin H. Ranck 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 epower
them if it Shall become necessary in order to pay my debts to
Sell by Private Sale or in Such manner upon Such terms as they
deem but Such ammount of my personal Property as to pay all
my Just debts
In testimony hereof I have hereunto Set my
hand and Seal this tenth day of August in the year of our Lord
one thousand Eight Hundred and Seventy two
Peter Ranck {seal}
Signed and acknowledged before me
as his Last will and testament this
10th day August AD 1872 S Sharp J P
Signed and acknowledged by Said Peter Ranck as his Last will
and testament in our presence and Signed by us in his
presence Samuel Patterson
Jesse Moss
The State of Ohio }
Delaware County ss } In the matter of the Last will and
testament of Peter Ranck of Genoa Township deceased
We Samuel Patterson and Jesse Moss being duly Sworn in
open Court this 15th day of October AD 1872 depose and Say
that we were present at the Execution of the Last will and testament
of Peter Ranck of Delaware County hereunto annexed bearing date
tenth day of August 1872 that we Saw the said testator Subscribe
Said will and heard him publish and declare the Same to be his
last will and testament and that the Said testator at the time of
of Executing the Same was of full age and of Sound mind and
memory and not under 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 Patterson
Jesse Moss
Sworn to and Subscribed before me in Probate Court this 15th
day of October AD 1872 B.C. Waters Probate
Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 265)
Description
[page 265]
[corresponds to labeled page 232 of Will Records Vol. 5 [1869-1876]
232
Record of the Last Will and Testament of Thos A Collum decd
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 10th day of
Ocotber AD 1872
Will and Estate of Thomas A. Colum decd
On this day the Last Will of Thomas A. Collum of Delaware County
Ohio deceased were Presented for Probate and Record and it appearing
to the Court that Robert is now deceased and that N P Furgeson
is now residing in the County of Wayne in the State of Iowa whereupon
F M Owen appeared in open Court and was duly Sworn and his
testimony reduced to writing and attached to the will he deposeth and Saith
that the Signature is the Signature of the Said Robert Ferguson decd & is
Genuine and a copy of the Said Will with a commission to William W
Thomas was forwarded to Gordon Wayne County Iowa to take the
Testimony of N.P. Furgeson the other witness to the Said will who now
resides in the Said County of Wayne Iowa and the matter is continued
to await there time of Said will B.C. Waters
Copy of the Will
I Thomas Collum of the County of Delaware and State of Ohio considering
the uncertainty of human life do make and ordain this my Last will
and testament in manner following To wit
First I order that my funeral expenses and all other Just Claims be paid
Second I Give and bequeath all the residue of my Estate whether real or
personal that I may be in possession of or hold a Claim on at my
decease to my only brother Milan A Collum
Third and Lastly I do hereby appoint and ordain my said
brother Milam A. Collum Sole Executor of this my will but
in care he should not be of Lawful age or other wise in capacitated
I nominate and appoint my Uncle Sylvester Wigton to carry out
the provisions and bequests herein above made In testimony
whereof Set my hand and Seal this first day of June AD 1867
Thomas A Collum {seal}
Signed and Sealed and acknowledged in the presence of us
N. P. Furgeson
Robert Furgeson
Testimony of F.M. Owen to the Signature of Robert Furgeson decd
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament of
Thomas A. Collum deceased Franklin M Owens of Lawful age
personally appeared before the undersigned a Probate Judge in
and for the County of Delaware and State of Ohio and after being
duly Sworn according to Law deposeth and South that he was well
acquaintd with Robert Furgeson whose name appears as one of the
witnesses to the will of the Said Thomas A Collum decd and Says that
the Said Robert Ferguson is now deceased & that he was well
acquainted with his hand writing and that the Signature to the
Siad will is the Signature of Said Robert Furgeson and Genuine
Sworn to in open Court this 1st day of October Ad 1872 } T M Owen
B C Waters Probate Judge}
[corresponds to labeled page 232 of Will Records Vol. 5 [1869-1876]
232
Record of the Last Will and Testament of Thos A Collum decd
Proceedings had before the Hon B C Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 10th day of
Ocotber AD 1872
Will and Estate of Thomas A. Colum decd
On this day the Last Will of Thomas A. Collum of Delaware County
Ohio deceased were Presented for Probate and Record and it appearing
to the Court that Robert is now deceased and that N P Furgeson
is now residing in the County of Wayne in the State of Iowa whereupon
F M Owen appeared in open Court and was duly Sworn and his
testimony reduced to writing and attached to the will he deposeth and Saith
that the Signature is the Signature of the Said Robert Ferguson decd & is
Genuine and a copy of the Said Will with a commission to William W
Thomas was forwarded to Gordon Wayne County Iowa to take the
Testimony of N.P. Furgeson the other witness to the Said will who now
resides in the Said County of Wayne Iowa and the matter is continued
to await there time of Said will B.C. Waters
Copy of the Will
I Thomas Collum of the County of Delaware and State of Ohio considering
the uncertainty of human life do make and ordain this my Last will
and testament in manner following To wit
First I order that my funeral expenses and all other Just Claims be paid
Second I Give and bequeath all the residue of my Estate whether real or
personal that I may be in possession of or hold a Claim on at my
decease to my only brother Milan A Collum
Third and Lastly I do hereby appoint and ordain my said
brother Milam A. Collum Sole Executor of this my will but
in care he should not be of Lawful age or other wise in capacitated
I nominate and appoint my Uncle Sylvester Wigton to carry out
the provisions and bequests herein above made In testimony
whereof Set my hand and Seal this first day of June AD 1867
Thomas A Collum {seal}
Signed and Sealed and acknowledged in the presence of us
N. P. Furgeson
Robert Furgeson
Testimony of F.M. Owen to the Signature of Robert Furgeson decd
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament of
Thomas A. Collum deceased Franklin M Owens of Lawful age
personally appeared before the undersigned a Probate Judge in
and for the County of Delaware and State of Ohio and after being
duly Sworn according to Law deposeth and South that he was well
acquaintd with Robert Furgeson whose name appears as one of the
witnesses to the will of the Said Thomas A Collum decd and Says that
the Said Robert Ferguson is now deceased & that he was well
acquainted with his hand writing and that the Signature to the
Siad will is the Signature of Said Robert Furgeson and Genuine
Sworn to in open Court this 1st day of October Ad 1872 } T M Owen
B C Waters Probate Judge}
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 266)
Description
[page 266]
[corresponds to labeled page 233 of Will Records Vol. 5 [1869-1876]
233
Record of Last Will and Testament of Thomas A Collumn decd
Commission to Take Testimony of Witness to Will
The State of Ohio }
Delaware County } ss To W W Thomas Notary Public Greeting
know ye that we in confidence of your prudence and fidelity have appointed
governed by these presents do give you full Power and authority to
Examine and take the deposition of N P Furgeson Subscribing witnesses
to the Last Will and testament of Thomas A Collum deceased
hereto annexed Late of the County of Delaware in the State of Ohio
decd and therefore we command you that at certain days and
places appointed by you you cause the Said N P Furgeson to be brought
before you and and their to exame Him on oath or affirmation first taken
before you touching the due Execution of Said will of the Said Thomas A
Collum deceased and that you reduce Such Examination to writing
and return the Same together with this commission and the will
of the Said Thomas A Collum decd thereto annexed closed up under
your Seal unto this Court with all convenient speed
In testimony whereof I B.C. Waters Judge of the Said
Court have hereunto Set my hand and affixed the Seal of Said
Court at Delaware the 1st day of October AD 1872
{seal} B.C. Waters Probate Judge
Testimony of witnesses to will
In the matter of the Last Will and testament of Thomas A Collum
deceased I W W Thomas a notary Public in and for the County of
Wayne Iowa duly appointed and commissioned by the Judge of
the Probate Court of the County of Delaware in the State of Ohio to take
the testimony of N.P. Furgeson the subscribing witnesses of the Last will
and testament of Thomas A. Collum deceased Late a resident of Said
County of Delaware in the State of Ohio which commission and the Will
are hereinto annexed do hereby certify that in pursuance of Said
Commission I caused N.P. Furgeson Said Subscribing witnesses as afore
Said to come personally before me at Corydon Wayne County
Iowa who being by me first duly Sworn according to Said to speak
the truth and nothing but the truth covering and in relation to
the Execution of Said will depose and Say that I was present at
and Saw Thomas A Collum Sign the Attached will and that
at the request of the said Thomas A. Collum and in his presence
and also in the presence of Robert Furgeson the other Subscribing
witness I Signed my name to Said will and that Said Collum
was of Sound mind at the time they were present making of Said
will herto attached marked A and at there it of of the deceased
Subscribed there names to Said will as witnesses in the presence
of the deceased and of each other that they Saw the Said Thomas A
Collum deceased Sign and Seal Said will and heard him ackno
-weldge the Same be his ^Last will and testament that the Said
Thomas A Collum decd was at the time of making Signing
[corresponds to labeled page 233 of Will Records Vol. 5 [1869-1876]
233
Record of Last Will and Testament of Thomas A Collumn decd
Commission to Take Testimony of Witness to Will
The State of Ohio }
Delaware County } ss To W W Thomas Notary Public Greeting
know ye that we in confidence of your prudence and fidelity have appointed
governed by these presents do give you full Power and authority to
Examine and take the deposition of N P Furgeson Subscribing witnesses
to the Last Will and testament of Thomas A Collum deceased
hereto annexed Late of the County of Delaware in the State of Ohio
decd and therefore we command you that at certain days and
places appointed by you you cause the Said N P Furgeson to be brought
before you and and their to exame Him on oath or affirmation first taken
before you touching the due Execution of Said will of the Said Thomas A
Collum deceased and that you reduce Such Examination to writing
and return the Same together with this commission and the will
of the Said Thomas A Collum decd thereto annexed closed up under
your Seal unto this Court with all convenient speed
In testimony whereof I B.C. Waters Judge of the Said
Court have hereunto Set my hand and affixed the Seal of Said
Court at Delaware the 1st day of October AD 1872
{seal} B.C. Waters Probate Judge
Testimony of witnesses to will
In the matter of the Last Will and testament of Thomas A Collum
deceased I W W Thomas a notary Public in and for the County of
Wayne Iowa duly appointed and commissioned by the Judge of
the Probate Court of the County of Delaware in the State of Ohio to take
the testimony of N.P. Furgeson the subscribing witnesses of the Last will
and testament of Thomas A. Collum deceased Late a resident of Said
County of Delaware in the State of Ohio which commission and the Will
are hereinto annexed do hereby certify that in pursuance of Said
Commission I caused N.P. Furgeson Said Subscribing witnesses as afore
Said to come personally before me at Corydon Wayne County
Iowa who being by me first duly Sworn according to Said to speak
the truth and nothing but the truth covering and in relation to
the Execution of Said will depose and Say that I was present at
and Saw Thomas A Collum Sign the Attached will and that
at the request of the said Thomas A. Collum and in his presence
and also in the presence of Robert Furgeson the other Subscribing
witness I Signed my name to Said will and that Said Collum
was of Sound mind at the time they were present making of Said
will herto attached marked A and at there it of of the deceased
Subscribed there names to Said will as witnesses in the presence
of the deceased and of each other that they Saw the Said Thomas A
Collum deceased Sign and Seal Said will and heard him ackno
-weldge the Same be his ^Last will and testament that the Said
Thomas A Collum decd was at the time of making Signing
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 267)
Description
[page 267]
[corresponds to labeled page 234 of Will Records Vol. 5 [1869-1876]
234
Sealing Said Last Will & testament of Legal age and of Sound mind
and memory & under no undue or unlawful restraint whatsoever
N.P. Ferguson
I W W Thomas Notary Public in for the Wayne County
State of Iowa do hereby testify that testimony was reduced to
writing by my self in the presence of Said witness respectfully
and subscribed by said witness in my presence on this fourth day
of October AD 1872 In testimony whereof I have
hereunto Set my hand and seal Notarial this fourth day
of October AD 1872 W.W. Thomas Notary Public
{seal}
Record of the Last Will and Testament of Ezekiel Longwell
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at His office in the Court House in the Town of Delaware
on the 25th day of Ocotber AD 1872
Will and Estate of Ezekiel Longwell deceased
On this day the Last will and testament of Ezekiel Longwell
deceased were presented for Probate and Record whereupon Wm
Williams one of the subscribing witnesses thereto came and was
sworn and his testimony reduced to writing and attached to
the will and filed therewith and it appearing to the Court
that Wesley Williams the other Subscribing witness had left
the State and his post office address unknown to the
Court thereupon Came Thomas Potter and
Who were Sworn and examined their testimony
reduced to writing Proving the Signature of the Said
Wesley Williams 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 it is therefore
considered and ordered that the said will be admitted to
Probate and record as duly Proved as the Last will and testa
-ments of Ezekiel Longwell and be recorded as such at the
Same time Came Louisa Longwell and Benjamin F
Longwell Executors named in the Will and Gave Bond
in the Sum of $1000.00 with Wm Williams as Surety
Bond accepted Letters Issue etc
B.C. Waters Probate Judge
[corresponds to labeled page 234 of Will Records Vol. 5 [1869-1876]
234
Sealing Said Last Will & testament of Legal age and of Sound mind
and memory & under no undue or unlawful restraint whatsoever
N.P. Ferguson
I W W Thomas Notary Public in for the Wayne County
State of Iowa do hereby testify that testimony was reduced to
writing by my self in the presence of Said witness respectfully
and subscribed by said witness in my presence on this fourth day
of October AD 1872 In testimony whereof I have
hereunto Set my hand and seal Notarial this fourth day
of October AD 1872 W.W. Thomas Notary Public
{seal}
Record of the Last Will and Testament of Ezekiel Longwell
Proceedings had before the Hon B.C. Waters Judge of the Probate
Court within and for the County of Delaware and State of
Ohio at His office in the Court House in the Town of Delaware
on the 25th day of Ocotber AD 1872
Will and Estate of Ezekiel Longwell deceased
On this day the Last will and testament of Ezekiel Longwell
deceased were presented for Probate and Record whereupon Wm
Williams one of the subscribing witnesses thereto came and was
sworn and his testimony reduced to writing and attached to
the will and filed therewith and it appearing to the Court
that Wesley Williams the other Subscribing witness had left
the State and his post office address unknown to the
Court thereupon Came Thomas Potter and
Who were Sworn and examined their testimony
reduced to writing Proving the Signature of the Said
Wesley Williams 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 it is therefore
considered and ordered that the said will be admitted to
Probate and record as duly Proved as the Last will and testa
-ments of Ezekiel Longwell and be recorded as such at the
Same time Came Louisa Longwell and Benjamin F
Longwell Executors named in the Will and Gave Bond
in the Sum of $1000.00 with Wm Williams as Surety
Bond accepted Letters Issue etc
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 268)
Description
[page 268]
[corresponds to labeled page 235 of Will Records Vol. 5 [1869-1876]
235
Record of Last Will and Testament of Ezekiel Longwell decd
Copy of the Will
I Ezekiel Longwell of the County of Delaware and State of Ohio
do make and publish this my last will and testament in manner
and form following that is to say
First it is my will that my funeral expenses and all my Just
debts be fully Paid
Second I Give devise and bequeath to my beloved wife Louisa
Longwell the farm on which we now reside Situate in Brown
Township Delaware County Ohio containing about one Hundred
and Seventy seven Acres during her natural Life or as long as
She shall remain my widow and in case She Should Mary
again then She shall retain her Legal dower of the above
premises
Third I Give and devise to my Son Benjamin F. Longwell
all the above described real Estate Subject onely to my wifes
Claims as aforesaid together with all personal property
and effects by Me owned and kept thereon and to his heirs
and assigns forever
I have wheretofore Given to my oldest Son James Longwell the
amount of two Thousand dollars which I consider his
Share of my Estate
And Lastly I hereby constitute and appoint my said wife
and Son Benjamin F Longwell to be the Executors of this
My Last Will and Testament revoking all former wills
and ratifying and confirming this as my last will and
testament
In testimony whereof I have hereunto Set my hand
and Seal this 10th day of August AD 1863
Ezekiel Longwell {seal}
Signed and acknowledged by Said Ezekiel Longwell
as his Last Will and testament in our presence and Signed
by us in his presence Wm Williams
Wesley Williams
The State of Ohio Delaware County ss
In the matter of the Last will and testament of Ezekiel Longwell deceased
I William Williams being duly sworn in open Court this 25th day
of October AD 1872 depose and Say that I was present at the Execution
of the Last Will and testament of Ezekiel Longwell decd hereto
annexed bearing date 10th day of August 1863 that I Saw the
Said testator Subscribed Said Will and heard him publish and
declare the Same to be his last will and testament and 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 in his presence and in the
presence of each other
Wm Williams
{seal} Sworn to and Subscribed before me in Probate Court
this 25th day of October AD 1872 B C Waters Probate Judge
[corresponds to labeled page 235 of Will Records Vol. 5 [1869-1876]
235
Record of Last Will and Testament of Ezekiel Longwell decd
Copy of the Will
I Ezekiel Longwell of the County of Delaware and State of Ohio
do make and publish this my last will and testament in manner
and form following that is to say
First it is my will that my funeral expenses and all my Just
debts be fully Paid
Second I Give devise and bequeath to my beloved wife Louisa
Longwell the farm on which we now reside Situate in Brown
Township Delaware County Ohio containing about one Hundred
and Seventy seven Acres during her natural Life or as long as
She shall remain my widow and in case She Should Mary
again then She shall retain her Legal dower of the above
premises
Third I Give and devise to my Son Benjamin F. Longwell
all the above described real Estate Subject onely to my wifes
Claims as aforesaid together with all personal property
and effects by Me owned and kept thereon and to his heirs
and assigns forever
I have wheretofore Given to my oldest Son James Longwell the
amount of two Thousand dollars which I consider his
Share of my Estate
And Lastly I hereby constitute and appoint my said wife
and Son Benjamin F Longwell to be the Executors of this
My Last Will and Testament revoking all former wills
and ratifying and confirming this as my last will and
testament
In testimony whereof I have hereunto Set my hand
and Seal this 10th day of August AD 1863
Ezekiel Longwell {seal}
Signed and acknowledged by Said Ezekiel Longwell
as his Last Will and testament in our presence and Signed
by us in his presence Wm Williams
Wesley Williams
The State of Ohio Delaware County ss
In the matter of the Last will and testament of Ezekiel Longwell deceased
I William Williams being duly sworn in open Court this 25th day
of October AD 1872 depose and Say that I was present at the Execution
of the Last Will and testament of Ezekiel Longwell decd hereto
annexed bearing date 10th day of August 1863 that I Saw the
Said testator Subscribed Said Will and heard him publish and
declare the Same to be his last will and testament and 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 in his presence and in the
presence of each other
Wm Williams
{seal} Sworn to and Subscribed before me in Probate Court
this 25th day of October AD 1872 B C Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 269)
Description
[page 269]
[corresponds to labeled page 236 of Will Records Vol. 5 [1869-1876]
236
Record of Last Will and testament of Ezekiel Longwell deceased
State of Ohio }
Delaware County ss } In the Matter of the Last Will and testament
of Ezekiel Longwell deceased of Brown Township Delaware
County Ohio It appearing to the Court that Wesley Williams
one of the Subscribing Witnesses thereto has moved out of this State
and the Court not being able to find out his present Post office
address thereupon John Waters Thomas Potter and
William Williams was called and duly Sworn and there testimony
reduced to writing and filed herewith depose and Say that they
were well acquainted with the hand writing of the Said
Wesley Williams and that the Signature to the Said will
as witness is the signature of the Said Wesley Williams
and is genuine and at the Same time came Wm Williams
the other Subscribing witness to Said will and deposeth and
Saith that he was present and Saw the Said Wesley Williams
Subscribed Said Will as a witness to the Same at the Same time
that this deponent Signed the Same and the Signature of the
Wesley Williams thereto is genuine further these deponents
Saith not Thomas Potter
John Waters
William Williams
Sworn to and Subscribed before me ^in the Probate Court
this October 25 AD 1872 B C Waters Probate Judge
___________________________________________________________________________
Record of the Last Will and Testament of Nathan Dustin decd
Proceedings had before the Hon B.c. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 25th
of November AD 1872
Will and Estate of Nathan Dustin deceased
On this day the last will and testament of Nathan Dustin of
Delaware County deceased were presented for Probate and record
whereupon L.P. Cook and W.F. Silverwood the Subscribing
witnesses thereto came and were duly sworn and there testimony
reduced to writing and 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 Nathan Dustin at the
time of Executing the Same was of full age and of Sound mind &
memory and not under any restraint It is therefore considered
and ordered that the Said will be admitted to Probate and Record
as duly Proved as the Last will and testament of Nathan Dustin
deceased & at the Same time came Ezekiel Brown Executor named
in the will & Gave Bond in the Sum of $14000.00 with
as Sureties Bond accepted letters issued etc
B.C. Waters Probate Judge
[corresponds to labeled page 236 of Will Records Vol. 5 [1869-1876]
236
Record of Last Will and testament of Ezekiel Longwell deceased
State of Ohio }
Delaware County ss } In the Matter of the Last Will and testament
of Ezekiel Longwell deceased of Brown Township Delaware
County Ohio It appearing to the Court that Wesley Williams
one of the Subscribing Witnesses thereto has moved out of this State
and the Court not being able to find out his present Post office
address thereupon John Waters Thomas Potter and
William Williams was called and duly Sworn and there testimony
reduced to writing and filed herewith depose and Say that they
were well acquainted with the hand writing of the Said
Wesley Williams and that the Signature to the Said will
as witness is the signature of the Said Wesley Williams
and is genuine and at the Same time came Wm Williams
the other Subscribing witness to Said will and deposeth and
Saith that he was present and Saw the Said Wesley Williams
Subscribed Said Will as a witness to the Same at the Same time
that this deponent Signed the Same and the Signature of the
Wesley Williams thereto is genuine further these deponents
Saith not Thomas Potter
John Waters
William Williams
Sworn to and Subscribed before me ^in the Probate Court
this October 25 AD 1872 B C Waters Probate Judge
___________________________________________________________________________
Record of the Last Will and Testament of Nathan Dustin decd
Proceedings had before the Hon B.c. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his
office in the Court House in the Town of Delaware on the 25th
of November AD 1872
Will and Estate of Nathan Dustin deceased
On this day the last will and testament of Nathan Dustin of
Delaware County deceased were presented for Probate and record
whereupon L.P. Cook and W.F. Silverwood the Subscribing
witnesses thereto came and were duly sworn and there testimony
reduced to writing and 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 Nathan Dustin at the
time of Executing the Same was of full age and of Sound mind &
memory and not under any restraint It is therefore considered
and ordered that the Said will be admitted to Probate and Record
as duly Proved as the Last will and testament of Nathan Dustin
deceased & at the Same time came Ezekiel Brown Executor named
in the will & Gave Bond in the Sum of $14000.00 with
as Sureties Bond accepted letters issued etc
B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 270)
Description
[page 270]
[corresponds to labeled page 237 of Will Records Vol. 5 [1869-1876]
237
Record of Last Will & Testament of Nathan Dustin deceased
Copy of Will
In the name of the Benevolent Father of all I Nathan Dustin of Galena
Delaware County Ohio do make and publish this my Last will and Testament
Item 1st I give and bequeath unto my beloved wife Nancy J. Dustin the use
of one half of the Dweling House in which I now reside in the village
of Galena Delaware County Ohio as long as She wishes to occupy it
She to pay one half of all Taxes assessed against Said Property I also Give
to her one Buggy and Harness which is to be Sold by my Executor for her
Benefit I also Give and bequeath to my Said wife one Hundred and
Sixty acres of Land Situate in Lucas County in the State of Iowa and
in Township no 71 Range 22 West and One Thousand dollars in
money to be paid to my Said wife by my Executor out of money due
me from Lyman Huntley Also I bequeath to her all the Stoves and
furniture all the kitchen furniture all the crockery Spoons knives
and forks three Feather beds bedding and bedsteds and one Huck
Bed bedding and Bedstead in the Kitchen chamber - the Sewing
machine one Lounge one Bureau one Book case a Select Portion
of Books including the Family Bible Websters Dictionary
Johnsons Atlas and any other Books She may select not
Exceeding twenty ^five dollars in value All the Parlor furniture except
the Lounge) one clock all the carpets two Tables in addition
to the kitchen table two Stands two wash Stands and their furniture
all maps Pictures ornaments and Jewels two mirrors in addition
to the one in Parlor two Small ones in the Sleping rooms all the
Chairs used in the Setting room and Kitchen and one chamber
chair the necessary provisions for one year for the Family and
the vessels containing the Same two hogs and the born to fatten them
All these are Given in Lieu of Dower in my Estate and the usual
allowance of one years Support after my decease but She to have
all the Fuel in the wood House
Item 2d I Give and bequeath to my Daughter Sophrona Leonard the
Sum of Eight Hundred dollars in addition to what I have already
Given her
Item 3d I give and bequeath to my Grand Daughter Ann Eliza Hoover
the five Hundred dollars now in the hands of E Brown Said
Sum to be paid to David Leonard in annual installments of
fifty dollars each for her use and benefit The interest also
to be paid to Said Ann Eliza Hoover as now provided for
Item 4th I Give and bequeath to my Daughter Ann A. Dirst the Sum
of Five Hundred dollars in addition to what I have already
Given her
Item 5th I Give and bequeath to my Son John H Dustin the
Sum of Five Hundred in addition to what I have already
Given to him
Item 6th My Executor will Sell all other personal Property according to Law
and any Real Estate that I may have at my decease that is not hereby
devised and he is hereby authorized to Sell the Same either at Public
or private sale on the best and Safe terms and Execute a good deed in
[corresponds to labeled page 237 of Will Records Vol. 5 [1869-1876]
237
Record of Last Will & Testament of Nathan Dustin deceased
Copy of Will
In the name of the Benevolent Father of all I Nathan Dustin of Galena
Delaware County Ohio do make and publish this my Last will and Testament
Item 1st I give and bequeath unto my beloved wife Nancy J. Dustin the use
of one half of the Dweling House in which I now reside in the village
of Galena Delaware County Ohio as long as She wishes to occupy it
She to pay one half of all Taxes assessed against Said Property I also Give
to her one Buggy and Harness which is to be Sold by my Executor for her
Benefit I also Give and bequeath to my Said wife one Hundred and
Sixty acres of Land Situate in Lucas County in the State of Iowa and
in Township no 71 Range 22 West and One Thousand dollars in
money to be paid to my Said wife by my Executor out of money due
me from Lyman Huntley Also I bequeath to her all the Stoves and
furniture all the kitchen furniture all the crockery Spoons knives
and forks three Feather beds bedding and bedsteds and one Huck
Bed bedding and Bedstead in the Kitchen chamber - the Sewing
machine one Lounge one Bureau one Book case a Select Portion
of Books including the Family Bible Websters Dictionary
Johnsons Atlas and any other Books She may select not
Exceeding twenty ^five dollars in value All the Parlor furniture except
the Lounge) one clock all the carpets two Tables in addition
to the kitchen table two Stands two wash Stands and their furniture
all maps Pictures ornaments and Jewels two mirrors in addition
to the one in Parlor two Small ones in the Sleping rooms all the
Chairs used in the Setting room and Kitchen and one chamber
chair the necessary provisions for one year for the Family and
the vessels containing the Same two hogs and the born to fatten them
All these are Given in Lieu of Dower in my Estate and the usual
allowance of one years Support after my decease but She to have
all the Fuel in the wood House
Item 2d I Give and bequeath to my Daughter Sophrona Leonard the
Sum of Eight Hundred dollars in addition to what I have already
Given her
Item 3d I give and bequeath to my Grand Daughter Ann Eliza Hoover
the five Hundred dollars now in the hands of E Brown Said
Sum to be paid to David Leonard in annual installments of
fifty dollars each for her use and benefit The interest also
to be paid to Said Ann Eliza Hoover as now provided for
Item 4th I Give and bequeath to my Daughter Ann A. Dirst the Sum
of Five Hundred dollars in addition to what I have already
Given her
Item 5th I Give and bequeath to my Son John H Dustin the
Sum of Five Hundred in addition to what I have already
Given to him
Item 6th My Executor will Sell all other personal Property according to Law
and any Real Estate that I may have at my decease that is not hereby
devised and he is hereby authorized to Sell the Same either at Public
or private sale on the best and Safe terms and Execute a good deed in
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 271)
Description
[page 271]
[corresponds to labeled page 238 of Will Records Vol. 5 [1869-1876]
238
in fee Simple for the Same and after paying the Legal claims
and the aforesaid devises to divide the balance equally among all
my Grand children (Except Ann Eliza Hoover) and the Great Grand
children by Said Ann Eliza Hoover each to share equally without any
regard to the number in the family
Item 7th I do hereby nominate and appoint Ezekiel Brown Executor of
this my Last will and testament
In testimony whereof I have hereunto Set my hand and Seal
this 5th day October AD 1872
Nathan Dustin {seal}
Signed Sealed and acknowledge by Said Nathan Dustin as hs
last will and testament in our presence and Signed by us in
his presence L.P. Cook
W.F. Silverwood, M.D.
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of Nathan Dustin deceased
We L.P. Cook and W.F. Silverwood
being duly Sworn in open Court this 25th day of November
A D 1872 depose and Say that we were present at the Execution of the
Last will and testament of Nathan Dustin of Galena Delaware
County hereunto annexed bearing date fifth day of October 1872
that we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same
was of full age and of Sound mind and memory and not under
any restraint and that we Signed the Same as witnesses at
his request and in his presence and in the presence of each other
L.P. Cook
W.F. Silverwood
Sworn to and Subscribed before me in Probate Court this
25th day of November AD 1872 B.C. Waters Probate Judge
[corresponds to labeled page 238 of Will Records Vol. 5 [1869-1876]
238
in fee Simple for the Same and after paying the Legal claims
and the aforesaid devises to divide the balance equally among all
my Grand children (Except Ann Eliza Hoover) and the Great Grand
children by Said Ann Eliza Hoover each to share equally without any
regard to the number in the family
Item 7th I do hereby nominate and appoint Ezekiel Brown Executor of
this my Last will and testament
In testimony whereof I have hereunto Set my hand and Seal
this 5th day October AD 1872
Nathan Dustin {seal}
Signed Sealed and acknowledge by Said Nathan Dustin as hs
last will and testament in our presence and Signed by us in
his presence L.P. Cook
W.F. Silverwood, M.D.
The State of Ohio }
Delaware County ss } In the matter of the Last Will and testament
of Nathan Dustin deceased
We L.P. Cook and W.F. Silverwood
being duly Sworn in open Court this 25th day of November
A D 1872 depose and Say that we were present at the Execution of the
Last will and testament of Nathan Dustin of Galena Delaware
County hereunto annexed bearing date fifth day of October 1872
that we Saw the Said testator Subscribe Said will and heard him
publish and declare the Same to be his Last Will and testament
and that the Said testator at the time of Executing the Same
was of full age and of Sound mind and memory and not under
any restraint and that we Signed the Same as witnesses at
his request and in his presence and in the presence of each other
L.P. Cook
W.F. Silverwood
Sworn to and Subscribed before me in Probate Court this
25th day of November AD 1872 B.C. Waters Probate Judge
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 272)
Description
[page 272]
[corresponds to labeled page 239 of Will Records Vol. 5 [1869-1876]
239
Record of Last Will and Testament of Isaac Myers deceased
Proceedings had before the Hon B.W. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 30th day of November
1872
Will and Estate of Isaac Myers deceased
On this day the Last will and Testament of Isaac Myers of Delaware
County deceased were presented for Probate and Record Whereupon
J Smiley Smith and William M Warren Sr the Subscribing witnesses
thereto came and were duly Sworn and Examined and ther testimony
reduced to writing annexed to the will and filed therewith
And it appearing to the Court that the Said wil 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 considered and ordered that the Said
will be admitted to Probate and Record as duly proved as the
Last Will and testament of Isaac Myers deceased and be
Recorded as Such and William M Warren Jr the Executor
named in the will came and Gave Bond in the Sum
of Eight Hundred Dollars with Wm M Warren Sr as Surty
Bond accepted Letters Isued etc B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I, Isaac Myers of
Delaware County Ohio do make and publish this my last will
and testament
Item 1st After the payment of my funeral and expenses of my last
Sickness and all debts against my Estate
2d I will an equal division of all remainder to my three children
Maria Katharine and Sarah Should any be dead that Share or Shares
to go to those alive
3d I hereby appoint We M. Warren Jr Executor authorizing him
to Sell my Lot in Hilvill in Said County at Public or private Sale
as he may think best and deed to purchase to Execute acknowledge
and deliver in fee Simple
I do hereby revoke any and all wills heretofore by me made
in testimony hereof I have hereunto Set my hand and Seal this
30th day of October AD 1872 his
Isaac x Meyers {seal}
mark
Signed and acknowledged by Isaac Myers as his will in our presence & signed
by us in his presence J Smiley smith
William M Warren Sr
The State of Ohio }
Delaware County ss } In the mater of the last will and testament
of Isaac Myers of Scioto Township Delaware County Ohio decd
We J. Smiley Smith and William M Warren Sr being
duly Sworn in open Court this 30th day of November AD 1872
depose and Say that we were present at the Execution of the last
Will and testament of Isaac Myers deceased of Scioto Township
[corresponds to labeled page 239 of Will Records Vol. 5 [1869-1876]
239
Record of Last Will and Testament of Isaac Myers deceased
Proceedings had before the Hon B.W. Waters Judge of the Probate Court
within and for the County of Delaware and State of Ohio at his office
in the Court House in the Town of Delaware on the 30th day of November
1872
Will and Estate of Isaac Myers deceased
On this day the Last will and Testament of Isaac Myers of Delaware
County deceased were presented for Probate and Record Whereupon
J Smiley Smith and William M Warren Sr the Subscribing witnesses
thereto came and were duly Sworn and Examined and ther testimony
reduced to writing annexed to the will and filed therewith
And it appearing to the Court that the Said wil 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 considered and ordered that the Said
will be admitted to Probate and Record as duly proved as the
Last Will and testament of Isaac Myers deceased and be
Recorded as Such and William M Warren Jr the Executor
named in the will came and Gave Bond in the Sum
of Eight Hundred Dollars with Wm M Warren Sr as Surty
Bond accepted Letters Isued etc B.C. Waters Probate Judge
Copy of the Will
In the name of the Benevolent Father of all I, Isaac Myers of
Delaware County Ohio do make and publish this my last will
and testament
Item 1st After the payment of my funeral and expenses of my last
Sickness and all debts against my Estate
2d I will an equal division of all remainder to my three children
Maria Katharine and Sarah Should any be dead that Share or Shares
to go to those alive
3d I hereby appoint We M. Warren Jr Executor authorizing him
to Sell my Lot in Hilvill in Said County at Public or private Sale
as he may think best and deed to purchase to Execute acknowledge
and deliver in fee Simple
I do hereby revoke any and all wills heretofore by me made
in testimony hereof I have hereunto Set my hand and Seal this
30th day of October AD 1872 his
Isaac x Meyers {seal}
mark
Signed and acknowledged by Isaac Myers as his will in our presence & signed
by us in his presence J Smiley smith
William M Warren Sr
The State of Ohio }
Delaware County ss } In the mater of the last will and testament
of Isaac Myers of Scioto Township Delaware County Ohio decd
We J. Smiley Smith and William M Warren Sr being
duly Sworn in open Court this 30th day of November AD 1872
depose and Say that we were present at the Execution of the last
Will and testament of Isaac Myers deceased of Scioto Township
Title
Delaware County Ohio Will Records Vol. 5 1869-1876 (p. 273)
Description
[page 273]
[corresponds to labeled page 240 of Will Records Vol. 5 [1869-1876]
240
Record of Last Will & Testament of Isaac Myers deceased
hereunto annexed bearing date 30th day of October 1872 that we
Saw the Said Testator Subscribe Said will and heard him Publish
and declare the Same to be his last will and testament and that
the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under 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 M. Warren
J. Smiley Smith
Sworn to and Subscribed before me in Probate Court
this 30 day of November AD 1872
B.C. Waters Probate Judge
Record of the Last Will and Testament of Robert Evans died
Proceedings had before the Hon B.C. Water
[corresponds to labeled page 240 of Will Records Vol. 5 [1869-1876]
240
Record of Last Will & Testament of Isaac Myers deceased
hereunto annexed bearing date 30th day of October 1872 that we
Saw the Said Testator Subscribe Said will and heard him Publish
and declare the Same to be his last will and testament and that
the Said testator at the time of Executing the Same was of full
age and of Sound mind and memory and not under 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 M. Warren
J. Smiley Smith
Sworn to and Subscribed before me in Probate Court
this 30 day of November AD 1872
B.C. Waters Probate Judge
Record of the Last Will and Testament of Robert Evans died
Proceedings had before the Hon B.C. Water