Delaware County Ohio Will Records Vol. 6 1876-1883

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RNL DATE



4 AUG 20 1959

SEP 4 1959
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MICRO STRIP



4 Sept 59



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Will

Record

6

1876-1883
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Ahern Eugene 50

Andrews Lucy A 74 Case No. 2815

Avery Frederick 129 " " 2952

Armstrong Edward 158

Altrock Roseana 159

Andrews Timothy 301

Armstrong James W. 332
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Butt Isaac Will of 1

Burkholder Sam'l C. 23

Baird James R 56

Benedict Benjamin 60

Bard Martha O. 107 Case No 2897

Benton Martin 123

Brown Jacob A. 166

Burroughs Lydia A. 186

Bevans David 191

Brown Robert O. 238

Black Gustavus 278

Brown Daniel 466

Brown Joseph S. 475

Boston Philip D 368 Case No 3370
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Carnes William 17

Chamberlain C C 39

Cook Ellen M. 46 Case No 2744

Colflesh Jacob 69

Cowgill Daniel M Sen. 77

Cook Williams 108 Case No 2898

Cole Icabod 110

Cowgill Clarissa 120

Clippinger Julia A. 208

Caulkins Sarah W. 239

Carpenter Eleazer 290

Colflesh Destamona 316

Caswell Wilbur 328 Case No 3336

Conrey Stephen C. 330 " " 3340

Criss Elizabeth 361 " " 3361

Cappedge Charles 380 " " 3394

Condit Edgar Sr 382

Cowler Elizabeth 390

Collum Elizabeth 456

Cole Thomas M. 459

Clark Oliver P. 487
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Durfey Alma Will 5

Drayer Jacob " 30 Case No 2748

Davis John E " 87

Decker Alice L " 97

Davis Evan 125 Case No 2926

Davis Robert 134

Davis Catharine R 272 Case No 3175

Derthick Ira 285

Doty Harrison's Will 303

Downing Samuel 343 Case No 3351

Donavin L. K. 420 " " 3433
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Ely Benjamin, Will of 12

Eversole Sarah 96

Eaton Olive 230 Case No 1743

Edelman Anthony 263 " " 3143

Evans Margaret 267

Evans Margaret 408
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Foster Melissa Will of 19 Case No 2575

Fryman Frederick 45

Fisher Joseph 183 Case No 3047

Fowler Emma A 226 " " 3096

Freese Diana 246 " " 3114

Flahaven Patrick 319 " " 3317

Foulk Sarah 369
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Guy John 70

Graham John 158

Gurley Leonard B. 268 Case No 3166

Green Moses 291

Gaston Dorothy 297

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Heigh, Charles Sen 28

Heaverly, Stapleford 33

Hollanbaugh, Martha 42 Case No. 2763

Horn, Joseph 63 " " 2789

Hill, Susannah 72 " " 2814

Haas, Adam 102

Hurlburt, Robt. Jr. 142

Haney, James 156 Case No. 3008

Heath, Benjamin 232

Hills, Ralph 234

Hurlburt, See 300

Hash, Chas. W. 336

Hunt, Diana 519 Case No. 3567

Hoover, Jacob 525

Hunt, Tabitha 552 Case No. 3605

Harrison, Eliza J. 556

Heller, Nancy 576

Hughes, Ann Lewis 579



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Jones John B. Will of 24

Janis Horace 64

Jacobus George 222

Jones Richard S. 265

Jordan Lucinda Will. 449 Case No 3455

Jones William H. 500
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Kirkland John 108

Kyle James 195

Kalb John S. 251

Kooken George R. 281 Case No 3217

Kunze John 364

Keefe Michael 452 Case No 3471

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Longshore John 36

Lewis Edward A. 43 Case No 2764

Little Lucy O 80

Leibendorfer (Jacob) Frederick 82 Case No 2825

Leasure William 93

Leonard Anderson 140

Lehman Joshua 154 Case No 3012

Lisater Margaret 216

Lacroix John P 220

Leonard Nancy 493
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Morrison Joseph A. Will 26 Case No 2736

Mead Mary 90

Main James 145

Money Nicholas 181

Marks Sheldon 184

Murphy John 254

McNeely Francis B. 256

Myers Ida 257 Case No 3137

James Martin 261

Mullen Adam 271 Case No 3187

Marriot Thos. H. 321 " " 3316

Main Eva. T. (Chicago) 371 " " 3382

Main Lyman 386

Murphy Bazel 416
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Null William 41 Case No 2755

Nettleton Margaret E 68 " " 2809

Norris William G. 347

Newkirk John C. 404

Neumeister Michael 366

Nash Jane Will 472

Neil Charles 511 Case No 3530

Newton Almon & Co 543
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Overturf William M 14

Owens Elizabeth 338 Case No 3344

Owings Henry W. 397

O'Keefe Michael 452
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Patrick William N 54 Case No 2778

Penry Mary 83

Parker Peter 147

Penn James 179

Parks Cinthia M. 276

Perfect Hannah. 314

Philliam William 388

Pool Betsey 517 Case No 3441

Platte Julia R. L. 536
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Roloson Joseph 65

Roloson Nathaniel 75

Randolph Helty F 135 Case No 2961

Reid Wm P. 151

Risher Jonas 169

Randolph Kassanda 240

Richards John 326 Case No 3329

Reicherts Barbara. 446 " " 3457

Rupp Catharine 481

Ryan John 484

Rosecrans Sylvester H. 496

Rider James H. 560
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Simpson Elisabeth Will of 16 Case No 2720

Smith Margaret B " " 21

Shultz Gottfried " " 52

Stults Adam 84 Case No 2829

Smith Adam Verbal Will 86

Shaver John Will of 94 Case No 2868

Strain Martha Ann 100

Shaw Sargent 112

Stark Oliver 114 Case No 2918

Schickendance Catherine 117

Sharp Daniel D. 118

Stout Samuel 127 Case No 2948

Stimmel John 171

Slawson Smith 176

Smith John C. 188 Case No 3059

Sharp Garry 206 " " 3063

Slough Thomas 219

Strawser Jeremiah 228

Slack John P. 244

Swicker Frederick 294

Stern Samuel 306

Seelye R Silas. 312

Speron John 345

Snedeker Barnet 292

Smith Rodney 424

Schnyder Daniel H. 430 Case No 3445

Smith William F. 435 " " 3460

Shaw James L. 442

Schaaf J. Peter 506

Schnoke Elizabeth H. 515

Sweetser Ann P. 528

Stith Henry. 539

Stanley Timothy W. 549

Stanbery Mary 564 Case No 3595

Schneider Otto Sen 571
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Thompson Edward R. 247

Terry James 274 Case No 3199

Thompson Mary C. 334

Thompson Stephen. 352 Case No 3285
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John Uffords Will 324
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VanKirk Asher 10

Vandermark Daniel 31
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Waldo Marion C. H 8

Warren William 88

Wallace Polly 131

Walker John 162

Waters Bazel 174

Waterman Jason 181 Case No 3051

Woolring Philip 191

Wigton Thomas W. 224 Case No 3097

Wolfley George Will 242

Wiggins Sarah E. 252 Case No 3141

Wood Jeremiah 273

Williams Alford C 284 Case No 3224

White Mary 287 " " 3226

Wingel Mary K. 296

Worline Mary A. Will. 304

Wallice John Will. 308

Wagner Daniel 340

Wheaton Chars. 356

Williamson Peter 358 Case No 3360

Woodward Ezra S. 401

Wells Joseph 412 Case No 3428

Welch William 463 " " 3480

Welsh Jane 490

Williamson Sylvester M. 532

Warren William M. 545
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Zimmer William 53

Zimmerman Isaac 105

Zimmerman Jacob 282

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1

Isaac Butts Will

August 23rd 1876

On this day the last will & testament of Isaac Butt

was presented for Probate & record whereupon C. N. McElroy

& Cha's O. Little the subscribing witnesses to the will and

Wm Zimmerman & Maria Zimmerman the witneses to

the codicil appeared in open court were duly sworn &

their testimony reduced to writing annexed to the will &

filed therewith and it appearing to the court that said

will was legally executed & attested and that at the time

of the signing & sealing said will said testator was of legal

age and of sound and disposing mind & memory and

under no undue or unlawful restraint whatsoever, it is

ordered by the Court that said will be and the same is

hereby admitted to Probate & record as the duly proven last

will & testament of the Said Isaac Butts deceased

And at the same time came W. G. Watson the Executor

named in the will and accepted said trust and gave

Bond conditioned according to law in the sum of $5000.

With Walter T. Watson & N. J. Watson as sureties which

Bond the court accepts and appoints Jo's N. Hughes, Geo

W Oller & U. J. Watson as appraisers:

F. B. Sprague Probate Judge


Copy of the Will

I Isaac Butt of the county of Delaware & State of Ohio being

of Sound and disposing mind & memory & understanding do

make publish & declare this to be my last will & testament

hereby revoking and making null & void all former last wills

& testaments & writings in the nature of last wills & testaments

by me heretofore made - My will is first that all my funeral

charges and just debts shall be paid by my executor hereinafter=

named - The residue of my estate & property which shall not

be required for the payment of my just debts funeral charges

and the expenses attending the execution of this my last

will and the administration of my estate, I give devise &

dispose of as follows - First I give & devise to my Grand

children Mary N. Butt, Isaac Butt, Jesse Butt Sarah Butt

Caroline Butt, Matilda Butt, John W Butt, Louisa Butt, Harmon

Butt, & May Butt, Children of my Son Archabald Butt in fee

all that part of lot number 23 in Liberty Township & Lot No

24 in Concord Township in said County owned by me, there

being about thirty acres in said lot No. 23 and about Ninety

acres in said Lot No 24 making in said tract So hereby devised about
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2


Isaac Butt's Will


One Hundred and thirty two acres but it is my will that my Son

Archabald Butt shall have the use of the above devised premises

for his sole use & benefit during his natural life without let or

hindrence from my said grand children above named their heirs

or assigns - Second I give & devise unto my grand children

Leroy Benton Isaac M Benton, Minor Benton & Effie Elisabeth

Benton in fee children of my daughter Elisabeth Benton now

deceased and formerly the wife of Lewis Benton all of the land

I own in lots 31 & 34 in Liberty Township in said County and

in lot 33 in Concord Township in said county there being in said

lots 31 & 34 about one hundred & thirty eight acres and about twelve

acres in said lot 33 in Concord Township, being about one hundred

and fifty acres in said devised tract of land - Third I give & devise

unto my grand children John Butt, Albert Butt, & Isaac Henry Butt

Children of my Son Abram Butt in fee all the real estate I own

in Lot No 22 in Liberty Township in said County Containing about

Ninety Acres, but it is my will that my said son Abram Butt

shall have the use & benefit of said devised tract during his natural

life without let or hindrence from my said grand children devise

their heirs or assigns - Fourth I give & devise unto my grand

children, Frank Butt, Alice Butt & Amanda Butt in fee

Children of my son Aaron Butt all of the real estate I own

in lots 16 & 17 in Concord Township in said County being my

homestead & containing about one hundred and fifteen acres

of land - There is a part of Said lot 17 consisting of about fifteen

acres which I have occupied & cultivated but which does not

belong to me, but belongs to the heirs of Reuben Lamb deceased

It is my will that my son Aaron Butt shall have the use

& benefit of said premises so herein devised to my said grand chil

dren being the children of said Aaron Butt during his natural

life without lot or hindrence from his said children their

heirs or assigns - And it is my will further that in

consideration of the foregoing provisions of in this will that my

said sons Archabald Butt, Abram Butt, & Aaron Butt shall

have the use & benefit of the premises so herein devised to their

children in fee for their natural lives, and as a condition of the

same that my said sons Archabald Butt, Abram Butt and

Aaron Butt shall pay the taxes and assessments in the nature

of taxes on said premises & save their children hereinbefore named

heership from the same & shall commit no waste on said

premises & keep the same in good repair & Neat and like Condition

And it is my will further that should I not have

sufficient personal property to pay my just debts

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[corresponds to labeled page 3 of Will Record Vol. 6 1876 - 1883]

3

Isaac Butt's Will


funeral expenses and the costs & expenses of the execution of my will

& administration of my estate my sons Archabald Butt Abram Butt

& Aaron Butt shall & the children of Daughter Elisabeth each contribute

& pay an equal proportion of whatever amount may be necessary for

said purpose [crossed out: & should either of them refuse to contribute & pay

his or their proportion of the money necessary for said purpose]

& should either of them refuse to contribute & pay his or their propor

tion of the money necessary for said purpose then it is my will that

my executor sell or rent so much of the premises heretofore described

& devised to the children of the said sons & to the children of my said

daughter Elisabeth who shall refuse to pay his or their proportion or

in case of his or their decease his or their children hereinbefore named

shall refuse to pay said proportion of my debts funeral charges

and expenses of the administration of my estate, that my executor

hereinafter named shall sell or rent so much of the premises herein

devised to said grand children as may refuse to pay their proportion

of my debts expenses as may be necessary for the purpose, & I do

hereby authorize & empower my executor hereinafter named to sell

or rent so much of said premises for said purpose as may be nec-

essary without an order of the court and as in his judgment he

may deem best for the interest of all concerned: And I do nom-

inate and appoint my friend Joseph Hughes to be the sole executor

of this my last will & testament: In testimony whereof I

the said Isaac Butt have hereunto subscribed my name and

affixed my seal this Ninth day of April A D 1870

his

Isaac X Butt {Seal}

mark

Signed sealed & declared by the said Isaac Butt to be his last

will & testament in the presence of us who at his request and in

his presence have hereunto subscribed our names as witnesses hereto

in the presence of each other C. H. McElroy. C O Little


C o d i c i l t o t h e W i l l

Whereas I Isaac Butt on the Ninth day of April in the year

1870 made my last will & testament of that day do hereby declare

the following to be a Codicil to the same: It is my will first

that my grand children Andrew Butt Bertha L Butt children

of my son Archibald Butt having been born since I made

my last will & testament have an equal share with the

rest of my grandchildren, Children of Said Archibald Butt

also as I have sold twenty acres of land off of Lot No 24 in

Concord Township Delaware County since I made my last

will & testament it is my will that my son Archabald

Butt have Nine hundred dollars at my death in notes
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 60)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 60)

Description

[page 60]

[corresponds to labeled page 4 of Will Record Vol. 6 1876 - 1883]

4

Isaac Butt's Will

and mortgage if not secured before as there is to be a book

account between us while I live and he has at this time secured

two Hundred dollars on the Nine: It is also my will that

my grand children George Butt, Edson Butt & Florina Butt

children of my son Aaron Butt having been born since I made

my last will & testament have an equal share with the rest

of my grand children, Children of said Aaron Butt and as I

have bought a part of said Lot 17 consisting of about 15 acres

of Land occupied by me and belonging to the heirs of Reuben

Lamb decd it is my will that the fifteen acres of land be

equally divided between my grand children above named children

of my son Aaron Butt as I have sold ten acres off of Lot 17

since I made my last will & testament - And as Joseph

Hughes named in my last will & testament declined to act

as executor of my last will & testament on account of ill

health I do nominate and appoint W G Watson to be the

executor of this my last will & testament - In testimony

hereof I have hereunto set my hand and seal this 19th day

of June A D 1876 his

Isaac X Butt {Seal}

mark

Signed and acknowledged by said Isaac Butt as a codicil to

his last will & testament in our presence and signed by

us in his presence Wm H Zimmerman

Maria Zimmerman


P r o b a t e o f W i l l

The State of Ohio Delaware County SS

Personally appeared Cha's H McElroy & Cha's O Little

the subscribing witnesses to the last will and testament of

Isaac Butt. And Wm Zimmerman and Maria Zim-

merman the witnesses to the Codicil to said Last will

& testament of Isaac Butt decd and being duly sworn accor-

ding to law to speak the truth in relation to the execution of

said will & codicil depose & say that the paper before

them purporting to be the last will & testament with the

codicil thereto is the will and Codicil of Isaac Butt now

deceased that they were present at the execution of said

will and Codicil at the request of the testator saw him

subscribe his name to the same and subscribed their names

to the same as witnesses in his presence and that they

saw the said Isaac Butt deceased signed & seal said will

& the COdicil and heard him declare the same to be his

last will & testament and the Codicil thereto that the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 61)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 61)

Description

[page 61]

[corresponds to labeled page 5 of Will Record Vol. 6 1876 - 1883]

5

Isaac Butt's Will


said Isaac Butt at the time of making signing & sealing

said Will & Codicil was of legal age and of sound and disposing

mind & memory and under no undue or unlawful restraint

whatsoever: C. H. McElroy & C O Little, Witnesses to the will

Wm Zimmerman & Maria Zimmerman " " " Codicil

Sworn to & subscribed in open court this

23rd day of August 1876 F B Sprague

Probate Judge


Alma Durfey's Will

August 25th 1876: On this day the last will &

Testament of Alma Durfey late of Delaware Ohio decd

was presented for Probate & record, whereupon E B Adams &

F E Adams the subscribing witnesses to said will & to the Cod-

icil thereto appeared in Open Court 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 testator at the time of signing & sealing said will was

of legal age and of sound and disposing mind &

memory and under no undue or unlawful restraint

whatsoever it is ordered by the court that said will be and

the same is hereby admitted to Probate & record as the

duly proven Last Will and testament with the Codicil thereto

of the said Alma Durfey decd And at the same time

came James Cox the executor named in the will and accep-

ted said trust and gave Bonds in the sum of one

thousand dollars conditioned according to law with

as sureties which Bond the Court

accepts and appoints

as appraisers,

F. B Sprague Probate Judge


C o p y o f t h e W i l l


In the name of the benevolent father of all, I Alma Durfey

Widow of Dexter Durfey decd being of sound mind &

memory do make this my last will & testament hereby

revoking all former and other wills by me made

First It is my will that my daughter Mrs Rhedona E Hill

shall have the sum of twenty five dollars ($25) out of my

years support as the widow of Dexter Durfey deceased

Second I give & bequeath to my son Lorenzo Durfey the family

Bible and the balance of my years support not hereinafter
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 62)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 62)

Description

[page 62]

[corresponds to labeled page 6 of Will Record Vol. 6 1876 - 1883]

6

Alma Durfey's Will

disposed of in my will

Third I give & bequeath to my daughter Wm Eliza Stiles the sum of

Twenty five ($25) dollars out of my said years support

Fourth I give & bequeath to my daughter Mrs Isabella Salisbury

the sum of Twenty five ($25) dollars out of my said years support

Fifth I give & bequeath to my son Charles D Durfey the sum

of two hundred & fifty ($250) out of my said years support

& also his two Beds & sufficient Bedding carpet in front chamber

& Bed room, Sett & chairs & Rocker in sitting room & stove

in the same room the stand in his room & wash stand with

Bowl & Pitcher, my large Bureau, 4 flannel sheets one Plaid

flannel Blanket two oil curtains & two common curtains

looking glass in his room and one sett plated tea Spoons -

The balance of my years support is to go to my son Lorenzo

as stated in Item 2 herein

Sixth I give & bequeath to my daughter Mary Ellen Battenfield

the balance of the household goods including a sett of silver

Tea spoons & a sett of silver Table spoons A I do give to my

daughter Mary E Battenfield all that may remain of my third

or dower interest in the proceeds of the homestead farm at my

death whether in the products of the farm or the proceeds arising

from the sale of products thereof after using them from a sufficient

sum to pay all my funeral expenses

Seventh I desire that James Cox shall be the executor of this my last

will & testament: In testimony whereof I hereunto set my

hand and seal this 9th day of September A D 1875

Alma Durfey {Seal}

Signed & Sealed by Alma Durfey in our presence as her last will

& testament and subscribed by us as witnesses in her presence and in

the presence of each other on the date above written E B Adams

F E Adams

The items & things mentioned after A in the 6th Item were inserted

in this will at my request and dictation this 28th day of September

A D 1875 Alma Durfey

The above was signed by Alma Durfey in our presence and subscribed

by us as witnesses in the presence of each other on the date last above

written

E B Adams, F E Adams,

C o d i c i l

It is my desire that the foregoing will be so changed and I

hereby so change the same as to read as follows viz, I give &

bequeath to my son Lorenzo Durfey out of my years support

the [crossed out: balance] Sum of two Hundred ($200) dollars - and I give &

bequeath to my son Charles D Durfey the sum of Two Hundred
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 63)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 63)

Description

[page 63]

[corresponds to labeled page 7 of Will Record Vol. 6 1876 - 1883]

7

Alma Durfey's Will

($200) dollars out of my years support: The balance of my said

years support after taking therefrom the Four Hundred ($400) dollars

above bequeathed to my sons Lorenzo & Charles I give & bequeath to

my daughter Mary E Battenfield: The intention being to change

the item of the will affecting my sons Lorenzo & Charles and

my daughter Mary E Battenfield: Witness my hand and seal

to the foregoing Codicil this 21st day of June A D 1876

Alma Durfey {seal}

Signed & sealed by Alma Durfey in our presence & subscribed by us

as witnesses in her presence & in the presence of each other on the dates

last above written E B Adams, F E Adams:


P r o b a t e o f W i l l

The State of Ohio Delaware County SS

Personally appeared

in open Court E B Adams & F E Adams the subscribing

witnesses to the last Will & testamwnt and Codicil of Alma

Durfey 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 & Codicil, depose &

say that the paper before them purporting to be the last will

& testament and Codicil of Alma Durfey now deceased is the

will & codicil of said deceased Alma Durfey: That they

were present at the execution of said will & codicil at the

request of testator subscribed their names to the same as

witnesses in her presence and that they saw the said Alma

Durfey deceased sign & seal said will and codicil and

heard her acknowledge the same to be her last will &

testament & Codicil, that the said Alma Durfey at the

time of making signing & sealing said will & codicil was

of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever E B Adams, F. E. Adams,


Sworn to & subscribed in open Court this 25th day of August

1876 F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 64)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 64)

Description

[page 64]

[corresponds to labeled page 8 of Will Record Vol. 6 1876 - 1883]

8

Waldo, Marion C. U. Will of

September 13th 1876

On this day the last Will and testament of Marion C

N Waldo decd was presented and duly proved as the

last Will & testament of the said M C U Waldo decd

Journal 4 Page 435 F. B. Sprague

Probate Judge


Copy of the Will

I Marion C U Waldo of the City of Delaware in the County

of Delaware and State of Ohio do make and publish this

my last will & testament

Item 1st It is my will that all my just debts be paid by my executor

hereinafter named

Item 2nd I give and devise to my beloved wife Julia J. Waldo all

my household goods and furniture

Item 3rd All other personal property that I may have at my decease

(except a gold watch more particularly described hereinafter)

I desire to be sold and converted into money by my executor

and all debts owing to me to be collected and disposed

of as follows To Wit

Item 4th I give and devise to my wife Julia J Waldo one third part

of the money so devised from the sale of said personal property

& all moneys arising from debts or demands owing to me

in Lieu of her years support to be hers absolutely, provided

however that whereas I have a life policy in the Piedmont &

Arlington Life insurance Company for $1000. payable to

my wife Julia. Also a Policy in Class C No 1255 in the

odd fellows Beneficial Association of Columbus Ohio. Also

a policy in Class No A of said Association No 1340

all of which it is my will and I desire to have paid to

my executor provided the law permits it to be done to

constitute the fund mentioned in Items 3 & 4

Item 5th I give & devise to my daughter Emilette Waldo her heirs or

assigns, the one equal third part of the property mentioned

in Items 3 & 4 to be held by John H Warren of Delaware Ohio

in trust for her until she arrives at the age of majority &

which I desire him to invest for her at interest, the interest

to be paid to her or for her benefit until arriving at age

Item 6 I give and devise in my son Harry Waldo his home and assigns

Item 6 I give and devise to my son Harry Waldo his heirs and assigns
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 65)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 65)

Description

[page 65]

[corresponds to labeled page 9 of Will Record Vol 6 1876 - 1883]


9

Waldo Marion C U Will of


the one equal third part of the property mentioned in Items

3 & 4 to be held by John H. Warren aforesaid in trust for him

until he arrives at the age of majority to be by him inves

ted at interest, the interest to be paid for him or his benefit

until arriving at age

Item 7 I give and devise to my wife Julia J in trust for my son

Henry Waldo his heirs and assigns my Gold watch presented to

me by P P Mast & Co of Springfield Ohio to be held and kept

by her until my son Henry at the age of majority and

then delivered to him and I desire that he should keep and

not dispose of the same

Item 8 If the law should present the life policies being converted into

cash or becoming a fund in the hands of my executor to be

distributed in accordance with the provisions of this will

but should go to my wife Julia to the extent of one thousand

dollars, then it is my will and I give & devise all my other

property above mentioned and described in this will (except

the gold watch which I have as above devised) to my two

children their heirs & assigns aforesaid to be held in trust as

aforesaid by said John H. Warren

Item 9 I do hereby nominate & appoint John H Warren of Delaware

Ohio my executor of this my last Will and testament

and authorize and empower him to collect all debts and

demands due or owing to me and to do and perform every

act and thing necessary to carry out the provisions of

this will

In witness whereof I have hereunto set my hand &

Seal this 24th day of August A D 1876

M. C. U. Waldo {seal}


Signed and acknowledged by said Marion C U Waldo as his

last will & testament in our presence and signed by us

in his presence John Dillon

J Hipple

Probate of The Will

The State of Ohio, Delaware County ss.

Personally appeared in

open court J Hipple & John C. Dillon the sub-

scribing witnesses to the last will and testament

of M. C. U. Waldo deceased who being sworn according

to law to speak the truth in relation to to the execution
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 66)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 66)

Description

[page 66]

[corresponds to labeled page 10 of Will Record Vol. 6 1876 - 1883]


10

Waldo Marion C. H. Will of


of said will depose and say that the paper before

them purporting to be the last will and testament of

M C H Waldo now deceased is the Will of said deceased

M C H Waldo, 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 M C H Waldo deceased sign & seal

said will and heard him acknowledge the same to be

his last will and testament, that the said M C H Waldo

at the time of making, signing and sealing said will

was of Legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint

whatsoever J Hipple

J C Dillon

Sworn to & subscribed in open court

this 13th day of September A D 1876

F. B. Sprague Probate Judge


Ashers VanKirk's Will

September 21st 1876

On this day the last will and testament

of Asher VanKirk was presented and duly proven

In Journal 4 Page 438

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all

I Asher VanKirk of sound mind

and memory do make and publish this my last will

& testament I

Item 1st I give & devise to my beloved wife in Lieu of dower my

house and lot of ground situate in the village of Mt Liberty

in Knox County Ohio during her natural life: at the death

of my said wife the real estate aforesaid I give and devise

to my daughter in law Francis J VanKirk wife of my son

Thos H. VanKirk. If however my said son Thos H. VanKirk

should die before the decease of my said wife, then said property

above devised to Francis J VanKirk is hereby devised and be

queathed to the children of the said Francis J VanKirk by

my son Thos H. VanKirk

Item 2 I give & devise all the residue of my property both personal and

real to said Francis J VanKirk as recompense for her
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 67)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 67)

Description

[page 67]

[corresponds to labeled page 11 of Will Record Vol. 6 1876 - 1883]


11

VanKirk Asher, Will of


Kind care and labor in providing for & taking care of me

& my wife during the remainder of our lives

Item 3rd I do hereby nominate and appoint my son Thos H. VanKirk

Executor of this my last will & testament. I do hereby

revoke all former wills by me made: In testimony whereof

I have hereunto set my hand & seal this seventh day of

April in the year of our Lord one thousand Eight hundred

and seventy five Asher Van Kirk {Seal}

Signed and acknowledged by said Asher VanKirk

as his last will & testament in our presence and signed by us

in his presence. James Hannan

H. C. Domigan


Probate of the Will

The State of Ohio Delaware County SS.

Personally appeared in Open Court James

Hannan & H. C. Domigan the subscribing witnesses to

to the last will & testament of Asher VanKirk deceased

who being duly sworn to speak the truth in relation to

the execution of said will depose & say that the paper

before them purporting to be the last will & testament of

Asher VanKirk now deceased is the will of said deceased

Asher VanKirk, 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 Asher VanKirk deceased sign & seal

said will and heard him acknowledge the same to be

his last will and testament, that the said Asher VanKirk

at the time of making signing & sealing said will was

of legal age and of sound and disposing mind and mem-

ory and under no undue or unlawful restraint what-

soever. H. C. Domigan, James Hannan

Sworn to be subscribed in open court this 21st day of

September A D 1876 F.B. Sprague Probate Judge

Sworn to & subscribed in open court this 21st day of

September A D 1876 F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 68)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 68)

Description

[page 68]

[corresponds to labeled page 12 of Will Record Vol. 6 1876 - 1883]

12


Benjamen Ely's Will

October 7th 1876

On this day the last will and testament of

Benjamen Ely decd was presented and duly proven

to the be the last will & testament of the said B. Ely

See Journal 4 Page 449.

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father of all, I Benjamen

Ely of the city of Delaware in Delaware County Ohio do make

and publish this my last will & testament

First I give and devise to my beloved wife Elisabeth in Lieu of her

dower the sum of Three Hundred dollars in cash according

to Marriage Contract, also the use of the house & lot on

which I reside in the city to be held and occupied by her

as long as she shall live, or in Lieu of said house & lot

she is to have Five Hundred dollars in cash making in all

the sum of Eight hundred dollars. In case she does not

choose to retain the use of said house & lot. Also she is

to have one bureau & one bed & Bedstead and household things

to the value of twenty dollars

Second Without any regard to the several sums of money advanced

to each of my children at sunday times to help them I make

the following bequests to wit, to my two sons Nathan Ely &

Charles Ely I give and bequeath one thousand dollars each.

Third I give and bequeath the residue of my property to the following

named persons to be divided amongst them in four equal

shares, to wit, To my son Nathan Ely one equal one fourth Part

To my son Charles Ely one Equal one fourth Part

To my daughter Mary Detwiler one Equal one fourth Part

And to my Grand Children Hatty Lizzy & Benjatta Hyatt

Children of my deceased daughter Eliza Hyatt one equal

one fourth part to be divided equally between them.

Fourth Before the distribution in the third item I give & bequeath to my

Grandson Charles Cronkleton one hundred dollars only.

Fifth I do hereby nominate and appoint John Detwiler and Charles Ely

Executors of this my last will & testament authorizing & empowering

them to sell by private sale or otherwise my farm in Troy Township

Delaware Co Ohio Containing 182 acres of land also my house

& Lot in the city should my wife conclude not to retain the

same during her life time and deeds of Purchase to execute

& acknowledge and deliver in fee simple and that they
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 69)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 69)

Description

[page 69]

[corresponds to labeled page 13 of Will Record Vol. 6 1876 - 1883]


13

Benjamen Ely's Will

and that they dispose of my personal property also at private

sale or otherwise and as soon as the funds are received from

the sales aforesaid then distribution to be made in accordance

with the bequests aforesaid

I do hereby revoke all former wills by me

made. In testimony whereof I hereunto set my hand and

seal this 24th day of February in the year of our lord 1875

Benjamen Ely {Seal}

Signed and acknowledged by said Benjamen Ely as his

last will and testament in our presence and signed by us in

his presence Charles Neil

Elisabeth W Neil


Probate of the Will

The State of Ohio Delaware County SS}

Personally appeared in open court

Charles Neil & Elisabeth W Neil the subscribing witnesses to

the last will & testament of Benjamen Ely 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

of said will depose and say that the paper before them

purporting to be the last will & testament of Benjamen

Ely now deceased is the will of said deceased Benjamen Ely

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

Benjamen Ely deceased sign and seal said will and

heard him acknowledge the same to be his last will

and testament, that the said Benjamen Ely at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

Charles Neil

Elisabeth W Neil

Sworn to & subscribed in Open Court this 7th day of October

A D 1876 F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 70)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 70)

Description

[page 70]

[corresponds to labeled page 14 of Will Record Vol. 6 1876 - 1833]


14

William M Overturf's Will


October 21st 1876

On this day the last will and testament of William

M Overleaf decd was presented and duly proved as

the last will and testament of the said Wm M Overleaf

See Journal 4 Page 455

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all,

I William M Overleaf 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 other just debts

that I may owe at the time of my decease shall be paid

out of the personal property that is on hand at that time.

Should there not be enough to meet such demands I will that

the farm on which I reside shall be rented until the same

is paid

Item 2nd That my wife Philinda J Overleaf shall have the old

sorrel mare that I now own

Item 3 I will that my daughter Ella C Overleaf have one cow

and fifty dollars to make her equal with the other children

in what they have received

Item 4 I will to my wife Philinda J Overleaf all the real estate

of which I am possessed lying in Brown Township

including the house in which I now reside during her

natural life

Item 5 I will that what land I own lying in Kingston Township

shall be equally divided among my nine children

Item 6 I hereby nominate and appoint Thos Reid executor of this my last

will

and testament authorizing and empowering him to see that the same

is fulfilled Wm M Overleaf {Ss}


Signed and acknowledged by said Wm M Overleaf in our

presence this 14th of June 1876. Benjamen Sheets

W H Maxwell
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 71)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 71)

Description

[page 71]

[corresponds to labeled page 15 of Will Record Vol. 6 1876 - 1833]

15

Wm M Overturf's Will


Probate of the Will

The State of Ohio Delaware County SS} Probate Court

Personally appeared in open court

Benjamen Sheets and W. H. Maxwell the subscribing witnesses

to the last will and testament of Wm M Overleaf decd

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 Wm M

Overleaf now deceased is the will of said deceased Wm M

Overleaf, 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

said William M Overleaf deceased sign and seal said will

and heard him acknowledge the same to be his last will

and testament, that the said Wm M Overleaf at the time

of making signing and sealing said will was of Legal

age and of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever

Benjamen Sheets

W. H. Maxwell

Sworn to & subscribed in open court this 21st day of Oct 1876

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 72)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 72)

Description

[page 72]

[corresponds to labeled page 16 of Will Record Vol. 6 1876 - 1833]


16

Elisabeth Simpson's Will

November 27th 1876

On this day the Last will and testament of Elisabeth

Simpson, late of Delaware Ohio was admitted to Probate

& record: See Journal 4 Page 16

F. B. Sprague, Probate Judge


Copy of The Will

In the name of the benevolent father of all:

I Elisabeth Simpson wife of Thomas Simpson do make

and publish this my last will and testament

First It is my will that all my just debts and all charges and

funeral expenses be paid out of my estate

Second I give devise and bequeath to my beloved husband Thomas

D Simpson all my estate both real and personal

of whatever kind and nature to be held and enjoyed

by him and his heirs in fee simple forever

Third If the said real and personal estate shall not be sold

or disposed of in some way by said Thomas D Simpson

during his lifetime then at his I desire the same to be

equally divided among the following named children of

ours and their heirs viz Geo W Simpson, Catharine

A Pelton Thomas D Simpson Jr and Maggy Orr

In testimony whereof I have hereunto set my hand and

seal this 25th day of August A D 1876

her

Mrs Elisabeth X Simpson {Seal}

mark

Signed and acknowledged by said Elisabeth Simpson

as her last will and testament in our presence and

signed by us in her presence

M. T. Gardner

Daniel Carmichael

The State of Ohio Delaware County SS.} Probate Court

Personally appeared in Open Court M T. Gardner and

Daniel Carmichael the subscribing witnesses to the last

will and testament of Elisabeth Simpson deceased

who being 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 Elisabeth Simpson

now deceased is the will of said deceased Elisabeth

Simpson that they were present at the execution of said

will at the request of the testatrix subscribed their names
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 73)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 73)

Description

[page 73]

[corresponds to labeled page 17 of Will Record Vol. 6 1876 - 1833]


17

Elisabeth Simpson's Will


to the same as witnesses in her presence and that they saw the

said Elisabeth Simpson deceased sign and seal said will and

heard her acknowledge the same to be her last will and testament

that the said Elisabeth Simpson at the time of making signing

& sealing said will was of legal age and of sound and disposing

mind & memory and under no undue or unlawful restraint

whatsoever Daniel Carmichael

M T Gardner

Sworn to & subscribed in open court this 27th day of November 1876

F. B. Sprague Probate Judge


William Carnes Estate

Dec' 15th 1876

On this day the last will and testament of William

Carnes decd late of Berlin Township Delaware County who

died Dec' 11th 1876, was presented and duly proven and

admitted to Probate & record

See Journal 4 Page 477

F. B. Sprague

Probate Judge

Copy of The Will


In the name of the benevolent father of all, I William

Carnes of Berlin Township Delaware County Ohio

do make and publish this my last will & testament

Item 1st I give and devise to my beloved wife in Lieu of her

dower the land which I hold by warrantee deed, situate

in Berkshire & Berlin Townships county & state afore

said containing Fifty nine and one half acres more

or less during her natural life and all the stock house

hold goods furniture provisions and other goods and

chattels which may be thereon at the time of my decease

during her natural life as aforesaid: at the death

of my said wife the real estate aforesaid I give and

devise to my son William F Carnes, providing he pays the

following heirs the following sums within one year after

the death of my wife and he also has the privilege of

paying them before the death of my wife: Charlotte Van

Sickle Betsy Ann Dewit, Abby Maria Styer Pricella Allen,

Each are to receive Three Hundred dollars and at

the death of my wife my executor shall appoint

three appraisers who shall appraise my landed
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 74)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 74)

Description

[page 74]

[corresponds to labeled page 18 of Will Record Vol. 6 1876 - 1833]


18

William Carnes Estate


property and there after deducting the amount to be paid

to each of my daughters aforesaid the remainder to be

equally divided among all my children or their heirs

It is here provided that if my executor has not the power to

appoint the aforeaid appraisers then they are to be appointed

according to the provisions of the law

Item 2 I do hereby nominate & appoint John Finch executor of

this my last will & testament hereby authorizing and

empowering him to compromise adjust, release and dis-

charge in such manner as he may deem proper the debts

and claims due me: I do hereby require my son

William F Carnes, to pay my doctor Bills Funeral expen-

ses and all other debts of myself and wife also erect

grave stones to our graves and before the division of

my estate is made by my executor said expenses are

to be refunded to him with Eight per cent interest per

annum until paid: I desire that no appraisement

and no sale of my personal property be made and

that the court of Probate direct the omission of the same

in pursuance of the statute

I do hereby revoke all former wills by me made,

In testimony hereof I have hereunto set my hand and

seal this 8th day of September A D 1876

William X Carnes {Seal}

his mark

Signed and acknowledged by said William Carnes as his last

will and testament in our presence & signed by us in his presence

C. W. Webster

John Finch

D H Young

The State of Ohio Delaware County SS} In Probate Court

Personally appeared in open court C W Webster & John Finch 2 of the

subscribing

witnesses to the last will and testament of William Carnes decd who being duly

sworn

depose & say that the paper before them purporting to be the last will &

testament of

William Carnes now decd is the will of the said Wm Carnes, that they were

present at the execu-

tion of said will, subscribed their names to the same as witnesses in his

presence and that they saw

the said William Carnes decd sign (make his mark) will and heard him him

acknowledge the

same to be his last will & testament, that the said William Carnes at the time

of making &

signing & sealing said will was of legal age and under no undue or unlawful

restraint

whatsoever C W Webster

John Finch

Sworn to & subscribed in open court this 15th day of December A D 1876

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 75)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 75)

Description

[page 75]

[corresponds to labeled page 19 of Will record Vol. 6 1876 - 1833]

19


Melissa Foster's Will


January 5th 1876

On this day the Last Will and testament of Melissa

Foster was duly proven and admitted to record.

See Journal 4 page 487. F. B. Sprague

Probate Judge


Copy of The Will

In the name of the benevolent father of all, I Melissa Foster

of Genoa Township Delaware County Ohio do make and

publish this my last Will & testament

1st I give and devise to my beloved daughter Minnie Poppleton one

Bureau & all of my Bed & Bedding that I may have at

my decease and all my dishes and spoons & all the rest of

my household goods & furniture that may be on hand at my

decease & one cow & all of the money that I may have on hand

due me at the time of my decease, there being now Six Hundred

and Seventy five dollars in the hands of Edward Furniss and

fifty dollars in the hands of J P Foster

However enough of the above described money to be appropriated

to pay all of my just debts

2nd I do hereby nominate & request that my brother Francis Hoffhines

shall be appointed Guardian of my daughter Minnie until

she shall arrive at the age of fourteen, I also request that Mina

shall be left in the care of my mother Louisa Jane Hoffhines

to be educated as well as circumstances will admit,

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand & seal this 18th

day of April 1876

Signed & acknowledged by said Melissa A Foster as her last

will & testament in our presence and signed by us in her presence

John McMahon Melissa A Foster

G W Wells

The State of Ohio Delaware County SS} In the matter of the last Will &

testament

of Melissa Foster decd: I George W Wells one of the subscribing witnesses

to said will being duly sworn in open court this 2nd day of January

A D 1877 depose and say that I was present at the execution

of the will and testament of Melissa Foster of Genoa Township hereto

annexed bearing date 18th day of April 1876 that I saw the said testator

subscribe said will & heard her publish and declare the same to be her

last will & testament and that the said testator at the time of executing

the same was of full age and of sound and enduring mind and memory

and not under restraint & that I signed the same as witness at

her express request and in her presence and in the presence of each other

Geo W Wells
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 76)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 76)

Description

[page 76]

[corresponds to labeled page 20 of Will Record Vol. 6 1876 - 1833]


20

Melissa Foster Estate

Sworn to & subscribed before me in the probate court this 2nd day of

January A D 1877 F. B. Sprague Probate Judge


The State of Ohio Delaware County SS

To John Hoffhines Greeting: Know ye that we in confidence

of your prudence and fidelity have appointed you and by

these presents do give you full power to examine and take the

deposition of John McMahan, subscribing witness to the last will

and testament of Melissa Foster hereto annexed late of Delaware

County Ohio and therefore command you that at certain days

and places appointed by you, you cause the said John

McMahon 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 Melissa Foster and

that you reduce such examination to writing and return

the same together with this commission and the will of the

said Melissa Foster thereto annexed closed up under your

seal into our said probate Court with all convenient speed

F. B. Sprague

Probate Judge

The State of Ohio Delaware County SS.

In the matter of the last will & testament of Melissa Foster decd

I John McMahan being duly sworn in open court this 4th

day of January A D 1877 depose and say that we were

present at the execution of the last will and testament of

Melissa Foster of Genoa Township hereunto annexed bearing

date 18th day of April 1876 that we saw the said testator sub

scribe 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 restraint and that I signed the same as witness

at her request and in her presence and in the presence

of each other. John Mc Mahan

Sworn to & subscribed before me commissioner duly appointed

by the Probate Court this 4th day of January A D 1877

John Hoffhines

Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 77)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 77)

Description

[page 77]

[corresponds to labeled page 21 of Will Record Vol. 6 1876 - 1833]


21

Margaret B. Smith's Will


January 9th 1876

On this day the last will and testament of Margaret B

Smith was presented and duly proven by the oath of the

witnesses thereto, Lewis Smith & David Tipton, & admitted to probate

See Journal 4 Page 489. F. B. Sprague Probate Judge


Copy of the Will

In the name of God the father the son & the Holy Ghost, Amen

I Margaret B Smith of Delaware in the County of Delaware

and State of Ohio widow of the late Philip Smith do make

& publish this my last will & testament as follows.

Item 1st I desire to be buried according to the form and custom of the

Evangelical Lutheran Church and that all my just debts &

funeral expenses be fully paid

Item 2nd After paying the above debts & expenses of fitting up properly the

burying

ground and expenses of Administration I give and devise the

residue of my personal property whether real or personal of every

description to all my children and if any be dead to their heirs

or legal representatives to be amically divided between them viz

to Hannah Hare (now deceased) Rachael Evans, Barbara Johnson

(now deceased) Martin Smith, John Smith, Jacob H Smith &

George Smith. My executors hereafter named to have

power to make the distribution among my children above

mentioned and to have power to withhold from the son

of Barbara Johnson (Philip Stockwell) his portion if they shall deem

it so

Item 3rd I hereby nominate and appoint my two sons Martin Smith and

Jacob H Smith to be the executors of this my last will and

testament and I give them power to sell and dispose of any

of my property that may be necessary to pay the debts & expenses above

mentioned and to sell the same by private sale or otherwise except

my clothing or wearing apparal which is to remain among my

children

Item 4 I desire that the appointment of appraisers of personal property be dis-

pensed with and omitted as is provided by the statute and that

there be no public sale of the property except in the opinion of my

executors it may become necessary

Item 5 I do hereby revoke all former wills made by me: In witness whereof

at my residence Delaware County Delaware Township & state of Ohio

I hereby set my hand & seal this second day of March 1876

Margaret B Smith {L S}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 78)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 78)

Description

[page 78]

[corresponds to labeled page 22 of Will Record Vol. 6 1876 - 1883]


22

Margaret B Smith's Will


The above will was signed by the said Margaret B. Smith in

our presence and declared by her to be her last will and testament

in our presence and hearing and we signed the same as witnesses

at her request in her presence & the presence of each other this

the second day of March 1876 Lewis Smith

David Tipton

The State of Ohio Delaware County SS

Personally appeared in open court Lewis Smith & David

Tipton the subscribing witnesses to the last will and testament

of Margaret B Smith deceased who being duly sworn accor-

ding 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 Margaret B Smith now deceased

is the will of said deceased Margaret B Smith, who died

January 5th 1877, 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 her presence and that they saw the

said Margaret B Smith deceased sign and seal said will

and heard her acknowledge the same to be her last will

and testament, that the said Margaret B Smith at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

Lewis Smith

David Tipton

Sworn to & subscribed in open court this 9th day of January 1877

F. B. Sprague

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 79)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 79)

Description

[page 79]

[corresponds to labeled page 23 of Will Record Vol. 6 1876 - 1883]


23

Samuel C. Burkholder's Will


January 19th 1877.

On this day the last will and testament of Samuel C.

Burkholder was presented and duly proved and admitted to Probate

See Journal 4 page 491

F. B. Sprague

Probate Judge

Copy of the Will

In the name of the benevolent father of all, I Samuel Burkholder

of Delaware County Delaware City Ohio do make and publish

this my last will & testament

Item 1st It is my will that sale be made of my personal property for the

payment of my just debts and should the proceeds of said sale

be insufficient for said purpose then I authorize my executor

to sell five acres of land of which I am lawfully seized situated

near the South west part of Delaware City so that all of said claims

may be fully paid

Item 2 I give & bequeath to my beloved wife Margaret N. Burkholder in

Lieu of Dower the homestead on which I reside at present to be

held by her during her natural life with express understanding that

she maintain and take proper care of our daughter Etta J. Burkholder

who is an invalid and unable to support herself. And furthermore

should the said Etta J. Burkholder outlive her mother the homestead

aforesaid bequeathed to her mother shall be held for the support of

the said Etta J. Burkholder during the period of her natural life

and at her death said property shall be equally divided between her

Brother Lorenzo Burkholder & her sister Elnora Robinson

Item 3rd I hereby nominate and appoint my beloved wife Margaret N.

Burkholder

executrix of this my last will & testament and it is my will

that no Bond be required by the Probate Court of said executrix in

the execution of the provisions of this will: In testimony whereof

I hereunto set my hand and affix my seal this 19th day of September

A D 1876 S C Burkholder {Seal}

Signed and acknowledged by said Samuel C Burkholder as his last

will and testament in our presence and signed by us in his presence

Horace Allen : Charles Neil : A. B. Corwin :


The State of Ohio Delaware County SS

Personally appeared in open court Horace

Allen and Chas. Neil Two of the subscribing witnesses to the

last will & testament of S. C. Burkholder deceased, who

being duly sworn according to law to speak the truth in relation

to the execution of said will depose and say that the paper
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 80)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 80)

Description

[page 80]

[corresponds to labeled page 24 of Will Record Vol. 6 1876 - 1883]

24

Samuel C. Burkholder's Will

before them purporting to be the last will & testament of

Samuel C Burkholder now deceased is the will of the said

deceased Samuel C Burkholder, 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 Samuel C Burkholder deceased

sign and seal said will and heard him acknowledge the

same to be his last will and testament that the said

Samuel C Burkholder at the time of making signing

and sealing said will was of legal age and of sound and disposing

mind and memory and under no undue or unlawful restraint

whatsoever Charles Neil

Horace Allen

Sworn to & subscribed in open court this 19th day of January

A D 1877. F. B. Sprague Probate Judge


John B. Jones Will

January 22 1877

On this day the last will and testament of

John B. Jones Late of Radnor Township Delaware County

Ohio deceased was presented and duly proved and

admitted to probate & record

See Journal 4 Page 493

F. B. Sprague

Probate Judge


Copy of The Will

In the name of the benevolent father of all, I John B. Jones

of Radnor Township Delaware County Ohio do make

and publish this my last will and testament

Item 1st I give and devise to my beloved wife Elisabeth C Jones

in Lieu of her dower the house and lot on which

we now reside situated in Radnor Township Delaware

County Ohio and all of my personal property of

every description that I own at the time of my

decease to be (my said wife's) her property and her

assigns forever

Item 2nd It is my will that my just debts and all charges be

paid out of my estate: 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 statutes: I do hereby revoke all former wills by me
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 81)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 81)

Description

[page 81]

[corresponds to labeled page 25 of Will Record Vol. 6 1876 - 1883]

25

John B Jones Will


made: In testimony hereof I have hereunto set my hand and seal

this 29th day of Feb" 16 1875

John B. Jones {Seal}

Signed and sealed and acknowledged as his last will &

testament in our presence and signed by us in his presence

Valantine Dildine

Myron Dildine

Commission to take testimony

The State of Ohio Delaware County SS

To John A Cone 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

Valantine Dildine & Myron Dildine Subscribing witnesses to

the last will and testament of John B Jones 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 Valentine Dildine & Myron Dildine

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 of the said John B. Jones & that you reduce

such examination to writing and return the same together with

this commission and the will of the said John B Jones

thereto annexed closed up under seal into our said Probate Court

with all convenient speed: In testimony whereof I F. B. Sprague

Judge of the said court have hereunto set my hand and affixed

the seal of said court at Delaware this 10th day of January A D 1877

F B Sprague Probate Judge

The State of Ohio Delaware County SS

Personally appeared before me John A. Cone Commissioner duly appointed,

Valantine Dildine

& Myron Dildine the subscribing witnesses to the last will and testament of

John B

Jones deceased who being duly sworn according to law to speak 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 John B Jones now deceased is the will of

the said deceased John B. Jones 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 John B Jones decd sign & seal

said will and heard him acknowledge the same to be his last will and

testament, that at the time of making signing and sealing said will

the testator was of legal age and of sound and enduring memory and under

no undue or unlawful restraint whatsoever. Valantine Dildine } Myron Dildine

Sworn to & subscribed before me this 21st day of Jan. A D 1877

John A Cone Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 82)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 82)

Description

[page 82]

[corresponds to labeled page 26 of Will Record Vol. 6 1876 - 1883]

26

Joseph A Morrison's Will

Copy of the Will

I Joseph A Morrison of the City of Pleasant Hill in the

County of Cass and State of Missouri being of sound

mind and memory do make and publish this to

be my last will & testament in manner following

that is to say

1st It is my will that my funeral expenses and just debts be

fully paid and satisfied

2nd I give and bequeath to my Father R D Morrison all

my right title and interest in and to any personal and

real estate of which I die possessed or which in the course

of descent or distribution might fall to my share

3rd I hereby constitute and appoint my said Father R D

Morrison to be my executor to this my last will & testament

hereby revoking all former wills by me made

In witness whereof I have hereunto set my hand this 15th day

of October A D 1872 Joseph A Morrison

Signed and declared by the above

Joseph A Morrison 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

C. O. Race of Pleasant Hill Mo

M. S. Wilson of Pleasant Hill "

V. W. Starr of Pleasant Hill "

State of Missouri }

County of Cass } I W G McCulloh Recorder of Deeds within

and for said County and State hereby certify that the

foregoing Instrument of Writing was filed for record

Oct 19, 1874 and has been duly recorded in Book 19

at Page 242 = Witness my hand & seal this 31st day of Dec

1874 W G McCulloh Recorder

By A S McCulloh depty


Proof of Will

State of Missouri County of Cass: In Probate Court

Be it remembered that on this 18th day of December

in the year of our lord one thousand Eight hundred

and Seventy six before me H Clay Daniel Ex of Clk of

the Probate & Criminal Court held in and for the County

of Cass and State of Missouri personally Appeared C

O Race who being duly sworn upon his oath deposes and

says that he was present and saw Joseph A Morrison

sign the foregoing instrument purporting to be the last
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 83)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 83)

Description

[page 83]

[corresponds to labeled page 27 of Will Record Vol. 6 1876 - 1883]

27

Joseph A Morrison's Will


will and testament of him the said Joseph A Morrison and

heard him publish and declare the same to be his last will

and testament and that at the time of signing the same the

said Joseph A Morrison was of sound mind and that this

deponent and V W Starr & M S Wilson the other attesting

witnesses subscribed their names thereto as witnesses to the same

in the presence of the testator and of each other and at the

request of the said Joseph A Morrison

C. O. Race

Sworn to & Subscribed before me H Clay Daniel Judge & Ex of Clk

of the Probate & Criminal Court the day and year first aforesaid

H Clay Daniel Judge & Clerk

{ S S } by C. W. Steele, D C


Certification of Probate

State of Missouri }

County of Cass ss} In the Probate & Criminal Court

I H Clay Daniel Judge & Ex of Clk of

the Probate & Criminal Court of Cass County Missouri

having examined the foregoing instrument purporting to

be the last will and testament of Joseph A Morrison

decd and signed by said Joseph A Morrison decd late

of Cass County Missouri and having heard the testimony of

C. O. Race and deposition of V W Starr subscribing

witnesses thereto in relation to the execution of the same do

declare and adjudge said instrument to be the last

will and testament of said Joseph A Morrison decd

and the same is therefore admitted to Probate

In testimony whereof I have hereunto set my hand and

affixed the seal of said Court at Office this 18th day of

December 1876 H Clay Daniel Judge & Clerk

By C W Steele D.C.

The State of Missouri }

Cass County SS } I H Clay Daniel Judge & Ex Officio

Clerk of the Probate Court having probate jurisdiction within

& for said County of Cass hereby certify that the foregoing

is a full true and complete copy and transcript of the

last will and testament of Joseph A Morrison decd

together with the proof thereof and certificate of admission

to probate all as fully as appears of record in my Office

In testimony whereof I have hereunto set my hand and

affixed the seal of said Court at Office in Harrison with this Jan 24 1877

{ S S } H Clay Daniel Judge & Ex Officio Clk.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 84)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 84)

Description

[page 84]

[corresponds to labeled page 28 of Will Record Vol. 6 1876 - 1883]

28

Charles High's Estate


February 20th 1877

On this day the last Will & Testament of Charles

High Sen deceased who died Feb. 7th 1877, was presented

and duly proved and admitted to Probate & Record as

the said last will of said Charles High Sen

See Journal 4 Page 505

F B Sprague

Probate Judge

Copy of The Will

In the name of the benevolent father of all

I Charles High Sen of the County of

Delaware and State of Ohio do make this and publish

my last will & testament

1st I give and devise to my son Charles High Jun the sum

of Seven Hundred and Seventy Eight dollars $ 700.78

To my daughter Caroline Woodring the sum of $ 778.00

To my Son Henry P High the sum of 778.00

To my daughter Harriet High all of my real estate in

the town plat of the Village of Norton Delaware County

Ohio also all of my household and kitchen furniture

of all descriptions and the said Charles High Jun is to pay

my daughter Caroline Woodring the $778.00 and to my

son Henry P High the sum of $778.00 it being their proportion

of the farm which I have deeded to the said Charles High

said farm is in the Township of Marlborough County Delaware

and I do appoint my two sons Charles and Henry P High

my lawful executors to and the said Charles High is to pay

to the said Henry P High and : Harriet Caroline Woodring

Seven Hundred and seventy eight dollars to each of them within

one year after my death Charles High is to pay to Henry P

High two Hundred dollars yearly with interest, and to Caroline

Woodring two Hundred dollars yearly with interest and put

the same out on interest until the whole amount is collected

then my executors are to procure a piece of real estate with

it then to deed it to Caroline Woodring and her heirs

Then after my death my executors to make sale of all

the property which remains and divide equally between

my said heirs. I do hereby revoke all former wills by me

made: In testimony whereof I have hereunto set my

hand and seal this 14th day of October in the year of our

Lord 1872 his

Charles X High Sen {Seal}

mark
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 85)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 85)

Description

[page 85]

[3corresponds to labeled page 29 of Will Record Vol. 6 1876 - 1883]

29

Charles High Sen Will


signed and acknowledged by said Charles High Sen as his last

will and testament in our presence and signed by us in his

presence Hugh Cole

Elias Cole

Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court Hugh Cole

and Elias Cole the subscribing witnesses to the last will and

testament of Charles High Sen deceased who being duly sworn

according to law to speak the truth the whole truth and nothing

but the truth in relation to to the execution of said will depose

and say that the paper before them purporting to be the last

will and testament of Charles High Sen now deceased is

the will of said deceased Charles High Sen 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 Charles High Sen decd sign and

seal said will and heard him declare the same to be his

last will and testament that the said Charles High Sen

at the time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory and under

no undue or unlawfull restraint whatsoever

Hugh Cole: Elias Cole


Sworn to & subscribed in open court this 20th day of February

A D 1877 F B Sprague Probate Judge

{Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 86)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 86)

Description

[page 86]

[corresponds to labeled page 30 of Will Record Vol. 6 1876 - 1883]

30

Jacob Drayers Will

March 9th 1877

On This day the last will and testament of Jacob

Drayher was presented, duly proved and admitted to

Probate & record. Journal 4 Page 579

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all

I Jacob Drayer of Lawfull age and

Sound memory do make & publish this my last will and

testament

1st It is my will that all my just debts and funeral expenses be paid

2nd I give will & bequeath all my property both Personal &

real after the payment of my debts & funeral expenses to

my beloved wife Catharine for her own use & lawfull support

during her natural life and at her death if there should

be any property left by her the same to be divided equally

between our three children Wesley H Drayer Anna E Drayer

and Amy E Drayer

In witness whereof I have hereunto set my hand & seal

this 12th day of Feby A D 1866: Jacob Drayer {Seal}

Signed by said Jacob Drayer in our presence and by us signed

at his request & in his presence & in the presence of each other

W. T. Watson. L. M. Main

The State of Ohio Delaware County S S

Personally appeared in open court Walter T Watson & L. M. Main

the subscribing witnesses to the last will & testament of Jacob Drayer decd, who

being duly sworn according to law to speak 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 Jacob Drayer now deceased is the

will of said deceased Jacob Drayer, That they were all 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 Jacob Drayer deceased sign & seal said will and heard him

acknowledge the same to be his last will and testament that the said

Jacob Drayer at the time of making signing and sealing said will was of

legal age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever W. T. Watson

L. M. Main

Sworn to & subscribed in open court this 9th day of March 1877

F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 87)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 87)

Description

[page 87]

[corresponds to labeled page 31 of Will Record Vol. 6 1876 - 1883]

31
Daniel Vandemark's Will

March 14th 1877

On this day the Last will and testament of Daniel

Vandemark decd was presented and duly proven and

admitted to Probate & record as the last will and testament

of Said Daniel Vandemark

See Journal 4 Page 521

Copy of the Will

In the name of the benevolent father of all, I Daniel Vandemark

being of sound mind and memory but of feeble health do

make and publish this my last will and testament

revoking any and all wills by me made verbal or otherwise

1st It is my will that all just claims against

my estate be fully paid

2nd It is my will & request that my wife Sophronia

shall have the use of my dwelling house, garden, orchard,

and what room in the barn she may need for her stock and

feed as long as her natural life shall be

3rd I devise bequeath and give to my wife Sophronia

the horse harness and buggy that we now have, one cow

all the household furniture except what is given to my grand

daughter Mary Perkins, one years wood and provisions, one

years feed for stock and three Hundred dollars to be paid

her by my executors annually out of my estate during

her natural life,

4th I give to my granddaughter Mary Perkins x one

beadstead bed and bedding, one sewing machine I now

have, one cow and one Hundred dollars in money

5th I give and bequeath to my two grandchildren

Margaret & Mary Line who now reside in Pennsylvania

five Hundred dollars each be paid to them at the final

settlement of my estate

6th I devise and bequeath to my daughters

Margaret, Sarah, Caroline, and Martha to be made equal

heirs in the balance of my estate after my special bequests

are deducted

7th I bequeath and give to my wifes children

Charles Gregory x and Mary Harrison x one Hundred dollars

each

8th Whereas I have given to my son Flavius Ninety two acres

of land which I consider is his full share and therefore do not

devise any further provision for him
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 88)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 88)

Description

[page 88]

[corresponds to labeled page 32 of Will Record Vol. 6 1876 - 1883]

32


Daniel Vandemarks Will

9th do nominate and appoint my son Flavius Vandemark

as executor of this my will and testament

I also appoint Alvah Vanfleet executor to assist in setting

my estate Daniel Vandemark

J B Willis

B Willis

In testimony hereof I have hereunto set

my hand and seal this 26th day of August A.D. 1876

Daniel Vandemark

Signed and acknowledged by said Daniel Vandemark

as his last will and testament in our presence and

by us in his presence J. B. Willis

B. B. Willis


Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court J B Willis

& B B Willis the subscribing witnesses to the last will

and testament of Daniel Vandemark decd 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 &

testament of Daniel Vandemark now deceased is the

will of said deceased Daniel Vandemark, 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 Daniel Vandemark

deceased sign & seal said will and heard him acknowledge

the same to be his last will and testament that the said

Daniel Vandemark at the time of making signing &

sealing said will was of legal age and of sound and

disposing mind and memory and under no undue

or unlawfull restraint whatsoever

J. B. Willis

B. B. Willis

Sworn to & subscribed in open court this 14th day

of March A.D. 1877

F B Sprague

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 89)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 89)

Description

[page 89]

[corresponds to labeled page 33 of Will Record Vol. 6 1876 - 1883]

33

Stapleford Heaverlo's Will


March 19th 1877

On this day the last will and testament of Stapleford

Heaverlo deceased was presented for Probate and duly proven

as the last will and testament of the said Stapleford

Heaverlo & admitted to Probate & record

See Journal 4 Page 525

F B Sprague

Probate Judge


Copy of the Will

I Stapleford Heaverlo being of sound mind and memory

do make and publish this as my last will and testament

in manner and form following, that is to say

1st I give and bequeath unto my beloved wife Hannah

Heaverlo all my property both real and personal to have

and to hold for her sole use and benefit so long as she

lives, and after her death the same shall go to and be used

for the benefit of my daughter Martha Heaverlo, and it is

my wish if it should be practicable that the said Martha

Heaverlo should live and occupy my present home and

not be moved therefrom:

After the death of my daughter Martha

Heaverlo I direct that all the property remaining shall be sold

and disposed of to the highest bidder and the proceeds

thereof be divided as follows,

To my daughter Jane James

or her children one hundred dollars and the remainder

to my daughter Mary Strain. Should she become sane,

but in case she should not become sane, then her portion

shall be equally divided between her two children, Robert

Stapleford Strain, & Euranay Strain,

And I hereby appoint my son

John Heaverlo executor of this my last will and testament

In witness whereof I have hereunto set my hand and seal this

Twenty sixth (26th) day of July in the year of our Lord one thousand

eight hundred and seventy three:

Stapleford Heaverlo

Signed sealed published & declared by the above named Stapleford

Heaverlo to be his last will and testament in the presence of us

who have hereunto subscribed our names in the presence

of the testator O. D. Hough

Benj. B. Walker
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 90)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 90)

Description

[page 90]

[corresponds to labeled page 34 of Will Record Vol. 6 1876 - 1883]

34

Stapleford Heaverlo' Will

Commission to take testimony to will

The State of Ohio Delaware County SS

To Henry Thompson 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 Benj. B Walker subscribing

witness to the last will and testament of Stapleford Heaverlo

hereto 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 Benj. B. Walker 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 Stapleford Heaverlo, and that you reduce such

examination to writing and return the same together with

this commission and the will of the said Stapleford

Heaverlo thereto annexed closed up under your seal into

our Probate Court with all convenient speed

In testimony whereof I F B. Sprague Judge of

the said Court have hereunto set my hand and affixed

the seal of said Court at Delaware this 12th day of March

A. D. 1877. F B Sprague

Probate Judge

The State of Ohio Montgomery County SS

Personally appeared before me a Commissioner duly

appointed by the Probate Court of Delaware County Benj. B. Walker

one of the subscribing witnesses to the last will and testament of

Stapleford Heaverlo 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, deposes and says

that the paper before him purporting to be the last will and tes

tament of Stapleford Heaverlo now deceased is the will of said

deceased Stapleford Heaverlo, that he was present at the execution

of said will at the request of the testator subscribed his name

to the same as witness in his presence and that he saw the

said Stapleford Heaverlo deceased sign and seal said will

and heard him acknowledge the same to be his last will

and testament - that the said Stapleford Heaverlo at the

time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory and

under no undue or unlawfull restraint whatsoever

Benj. B. Walker
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 91)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 91)

Description

[page 91]

[corresponds to labeled page 35 of Will Record Vol. 6 1876 - 1883]

35

Stapleford Heaverlo' Will


Sworn to & subscribed before me this 13th day of March 1877

{ L S } Henry C. Thompson, Commissioner


The State of Ohio Delaware County SS

Personally appeared in open court O. D. Hough

one of the subscribing witnesses to the last will and testament

of Stapleford Heaverlo 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 him purporting to be the last will &

testament of Stapleford Heaverlo now deceased is the will

of said deceased Stapleford Heaverlo, that he with Benj. B

Walker 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 Stapleford

Heaverlo deceased sign & seal said will and heard him

him acknowledge the same to be his last will and testament

that the said Stapleford Heaverlo at the time of making signing

and sealing said will was of legal age and of sound and

enduring mind and memory and under no undue or unlawfull

restraint whatsoever O. D. Hough

Sworn to & subscribed in open court this 19th day of March 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 92)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 92)

Description

[page 92]

[corresponds to labeled page 36 of Will Record Vol. 6 1876 - 1883]

36

John Longshore's Will

March 21st 1877

On this day the last will and testament of

John Longshore decd late of Berkshire Township

was presented and duly proven and admitted to Probate

and record

See Journal 4 Page 526

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all, I John Longshore

of the county of Delaware and State of Ohio do make and

publish this my last will and testament

1st I give to my beloved wife Jane R Longshore in Lieu

of her thirds in my estate notes and cash in the amount

of Five Hundred dollars, viz one note against Geo Gibson

dated May 8th 1867 calling for Two Hundred dollars

One note against Geo Gibson dated April 1st 1874 calling for

One Hundred dollars, One note against Lydia Grey

dated June 12 1876 calling for One Hundred dollars

One note against John Roloson dated Mch 12th 1875 calling

for seventy five dollars and I also desire that my

executor hereinafter named to pay to her Twenty five dodllars

from my estate as soon as expedient to do so and I also

empower my executor to place the aforesaid notes in her

possession and that they shall not be recovered as part

of my estate, Said notes and money to be used for

her support and if any thing be left at her death that

it be equally divided between David Longshore Phoeba Coons

John E Stanley & Chas L. Stanley. I also give to my

wife all of my household goods that she may desire

except what I specify in this my will and I also desire

that she shall make a distribution of little things to my

relatives as she may see proper. I also give to her all

the provisions Wood Grain and money that may be in

my possession at the time of my death. I also desire

that if I should be sick long that my executor pay

my wife Jane R Longshore a reasonable compen-

sation for her care of me

2nd I give to my Son David Longshore my horse also

my gun and accoutrements, also a conk Shell as

a family relict, also that he receive one Hundred

dollars in compensation for his labor in taking
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 93)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 93)

Description

[page 93]

[corresponds to labeled page 37 of Will Record Vol. 6 1876 - 1883]

37

John Longshore's Will

care of me in my sickness

3rd I give to John E Stanley two Hundred dollars and in

case of death before he arrives at majority or if dying without

issue then this money to be equally divided between David Long-

shore Phoeba Coons & Cha's L Stanley. I also give him my

chest of carpenter tools

4 I give to Charles L. Stanley Two Hundred dollars and in

case of his death before arriving at age or without issue

that this money be equally divided between David Longshore

Phoeba Coons and John E Stanley. I also give to Charles

L Stanley our Bed and bedding

5th I desire that James Lampman be appointed guardian of my

Grandson John E Stanley, and that David Longshore be

appointed guardian of my Grandson Charles L. Stanley and

I desire that my executor pay the aforesaid moneys to the

above said guardians and all other moneys of their shares that

may arise from my estate and that this money be kept at

interest and that no part of it be used for their support and

that they shall not receive any of the aforesaid money till they

arrive at age except Twenty five dollars of Charles L. Stanleys

money which is to be used for clothing and to furnish him

with transportation to Iowa the home of David Longshore

6th I also give to Julia & Alice Longshore Daughters of David Long-

shore one Bed & Bedding each

7th I give to Desdemona Waters my large looking glass that hangs

in the parlor

8 I desire that the balance of the moneys made from the

sale of my property after paying all my debts shall be

equally divided between David Longshore Phoeba Coons,

John E Stanley & Charles L. Stanley. Item 8 I desire that

my executor shall sell my property either by private or

Public sale

9th I hereby nominate and appoint Charles W Webster Executor

of this my last will and testament hereby authorizing him

and empowering him to compromise, adjust, release and

discharge in such manner as he may deem proper the

debts and claims due me. I also desire before there

is a division made to the several heirs that he pay all

my debts and funeral expenses and also erect a

grave stone at my grave, said grave stone to be of

same pattern of the one of my former wifes grave

at Sunbury grave yard

10 I desire that if Phoeba Coons should die before the settlement

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 94)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 94)

Description

[page 94]

[corresponds to labeled page 38 of Will Record Vol. 6 1876 - 1883]

38

John Longshore's Will


of my estate that her share shall be equally divided

between David Longshore John E Stanley & Charles

L Stanley. I do hereby revoke all former wills

by me made

In testimony hereof I have hereunto set my hand

and seal this 14th day of March A D 1877

John Longshore {Seal}


Signed and acknowledged by said John Longshore as

his last will and testament in our presence and signed

by us in his presence Charles W Webster

Geo Gibson


The State of Ohio Delaware County SS

Personally appeared in open court Chas W Webster

and George Gibson the subscribing witnesses to the

last will and testament of John Longshore 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 John Longshore now deceased is the will

of said deceased John Longshore who died March 18

1877. 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

said John Longshore deceased sign and seal said

will and heard him acknowledge the same to be

his last will and testament, that the said John

Longshore at the time of making signing and sealing

said will was of legal age and of sound and disposing

mind and memory and under no undue or

unlawfull restraint whatsoever

C. W. Webster

Geo Gibson

Sworn to & subscribed in open court this 21st day of

March A D 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 95)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 95)

Description

[page 95]

[corresponds to labeled page 39 of Will Record Vol. 6 1876 - 1883]

39

C. C. Chamberlain's Will

March 24th 1877

On this day the last will and testament with the

Codicil thereto of C C Chamberlain was presented

for Probate & record and duly proven and admitted

as the last will and testament of the said C C Chamberlain

Journal 4 Page 528

F. B. Sprague Probate Judge


Copy of the Will

Know all men by these presents that I Charles C Chamberlain

of Delaware in the county of Delaware and State of Ohio

Hardman Merchant being of sound disposing mind & memory do make

and publish this my last will & testament

1st I give and bequeath to my beloved wife Isabella B Chamberlain

the dwelling house in which I now reside situate in the town

of Delaware on Inlot No One Hundred Eighty Eight being the

South half of said inlot (excepting Eighteen feet front off of the

South side & running back One Hundred feet being the ground

on which the store stands) and I also give and bequeath unto her

my out lot No (3) Three in the town of Delaware, and I give and

bequeath unto her all my household furniture and two thirds

of all my personal property which I now have or may

acquire after the date of this will as long as she shall remain

unmarried & my widow but in case of her marriage then half

of all the property herein bequeathed to her both real and person

al I give and bequeath to my only daughter Almarinca

Emmalette Chamberlain, and I also give and bequeath

to my daughter Almarina Emmalette the store now occupied

by me situated on inlot No in the town of

Delaware being Eighteen feet front off the south side of said

lot & running back One Hundred feet, and I also give &

bequeath unto her one third of all my personal property which

I now have or may acquire after the date of this will

I hereby appoint my brother Henry W

Chamberlain as executor and my beloved wife Isabella B

as Executrix of this my last will & testament. In testimony

whereof I have hereunto set my hand & seal and publish

this to be my last will & testament in presence of the witness-

es named below this 20th day of April in the year of our

Lord Eighteen Hundred & fifty six

C C Chamberlain {L S}

Attest

J. C. Avery, William Strickler
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 96)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 96)

Description

[page 96]

[corresponds to labeled page 40 of Will Record Vol. 6 1876 - 1883]

40

C. C. Chamberlain's Will

Whereas I C. C. Chamberlain on the 20th day of April in

the year 1856 did make and publish my last will and

testament of that day I do hereby declare the following to be

a codicil to the same

I do hereby give and bequeath to my beloved wife Isabella

B Chamberlain all the rent which may accrue from

the store now occupied by me being the same store devised

by me to my daughter Almarina Emallette, now the wife

of William P Reid, the said rents being hereby bequeathed

to my said wife for her sole use and support during her

natural life:

Witness my hand and seal this 4th day of May A.D. 1871

C. C. Chamberlain {Seal}

Signed & acknowledged by said C C Chamberlain as his codicil

to his last will & testament in our presence and signed by us in

his presence. C. H. McElroy, Geo. Root


The State of Ohio Delaware County SS

Personally appeared in open Court J C Avery & William

Strickler, subscribing witnesses to the last will and & testament

of C C Chamberlain decd and C N McElroy & Geo Root

witnesses to the codicil to said will, who being duly sworn ac-

cording to law to speak the truth the whole truth and nothing

but the truth in relation to the execution of said will and Codicil

thereto do depose and say that the paper before them purporting

to be the last will and testament and the Codicil thereto is the

will and codicil of said deceased C C Chambeerlain, that

they were present at the execution of said will and Codicil thereto

at the request of the testator subscribed their names to the same

as witnesses in his presence and that they saw the said

C C Chamberlain deceased, sign and seal said will and

Codicil and heard him acknowledge the same to be his

last will and testament and the codicil thereto and that

at the time of making signing & sealing said will and Codicil

he was of legal age and of sound and disposing mind

and memory and under no undue or unlawfull restraint

whatsoever. J. C. Avery, Wm Strickler, witnesses to the will

and C. H. McElroy & Geo Root witnesses to the Codicil to

said will

Sworn to & subscribed in open court this 24th day of

March A.D. 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 97)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 97)

Description

[page 97]

[corresponds to labeled page 41 of Will Record Vol. 6 1876 - 1883]

41

William Null's Will

March 30th 1877

On this day the last will and testament of William Null

was presented for Probate & record and duly proven as the last

will and testament of William Null decd and ordered admit-

ted to Probate & record as such

See Journal 4 Page 531.

F B Sprague

Probate Judge


Copy of the Will

In the name of the benevolent Father of all,

I William Null of the County of Delaware and State of

Ohio do make and publish this my last will & testament

1st I give and devise to my wife all my property real

& Personal and mixed during her natural life and at her

death I give and devise to my daughter Eliza Jane & her heirs my

house and land north of Stratford. I give and devise after

the death of my wife to my daughter Adaline and her heirs

my undivided half of the saw mill property with the building

and improvements thereon

2nd At the death of my wife I wish my personal property to

be equally divided between my two daughters or their heirs

3 I do hereby appoint my wife executrix of this my last

will and testament revoking all former wills made by me

In testimony hereof I have hereunto set

my hand and seal this 10th day of April AD 1876

his

William X Null {Seal}

mark

Signed and acknowledged by said William Null as his last

Will and testament in our presence and signed by us in his presence

B Lugenbeel

Interlined before signing Oliver Hedrick

B Lugenbeel


Probate of Will

Personally appeared in open court B Lugenbeel & O Hedrick the witnesses to the last

will & testament

of William Null decd who being duly sworn according to law to tell 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 William Null decd

is the will of said decd William Null, 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 William Null

decd sign & seal said will and heard him acknowledge the same to be his

last will & testament, that the said William Null at the time of making signing

& sealing said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

B Lugenbeel, Oliver Hedrick

Sworn to & subscribed in open Court this 30th day of March 1877

{Seal} F B Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 98)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 98)

Description

[page 98]

[corresponds to labeled page 42 of Will Record Vol. 6 1876 - 1883]

42

Martha Hollanbaugh's Will

April 14th 1877

On this day the last will and testament of

Martha Hollenbaugh was presented and duly proven

and admitted to Probate and Record

See Journal 4 Page 542

F B Sprague Probate Judge


Copy of the Will

In the name of the Benevolent father of all

I Martha Hollanbaugh of the County of Delaware

& State of Ohio being of sound mind and memory do make

and publish this my last will and testament in manner

and form following

It is my will that my beloved Husband Charles

Hollanbaugh shall have all my household stuff and

Property I may have brought to our house after our marriage

2 That he shall hold and collect and use all notes, claims

& of every Kind I may be possessed of at my decease for his

own Especial benefit after paying all my doctor Bills and

other debts & funeral expenses etc

In testimony whereof I hereunto set my hand and seal

this 27th day of January A.D. 1877

Martha Hollanbaugh {Seal}

The above was signed by Martha Hollanbaugh and declared to be her last

will and testament in our presence and signed by us in her presence &

at her request. John Cunningham, David Tipton


The State of Ohio Delaware County SS. Personally appeared in open

court John Cunningham & David Tipton the subscribing witnesses to the last

Will and testament of Martha Hollanbaugh decd who being duly sworn to tell

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 Martha Hollanbaugh now deceased is the will of the said deceased Martha

Hollanbaugh, that they were present at the execution of said will at the

request of the testatrix subscribed their names to the same as witnesses

in her presence & that they saw the said Martha Hollanbaugh deceased sign

and seal said will and heard her acknowledge the same to be her last

will and testament, that the said Martha Hollanbaugh at the time of

making signing & sealing said will was of legal age and of sound

and disposing mind and memory and under no undue or

unlawfull restraint whatsoever John Cunningham David Tipton

Sworn to & subscribed in Open Court this 14th day of April 14th AD 1877

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 99)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 99)

Description

[page 99]

[corresponds to labeled page 43 of Will Record Vol. 6 1876 - 1883]

43

Edward A Lewis Will

April 20th 1877

On this day the last will and testament of Edward A

Lewis was presented and duly proven as the last will

and testament of said deceased

See Journal 4 Page 545

F B Sprague

Probate Judge

Copy of the Will

In the name of the benevolent father of all

I Edward Lewis of Delaware County Ohio do make and

publish this my last will and testament

1st I give and devise to my beloved wife in Lieu of dower the

farm on which we now reside situate in the Township

of Troy County of Delaware and State of Ohio Containing Sixty-

Six acres during her natural life and also the following real

estate viz being Seventy to thirty two feet on the South end of

Lot 54 of Deshlers addition to the city of Columbus in

the County of Franklin and State of Ohio and all the

Stock household goods furniture provisions and other goods

and chattels which may be therein at the time of my death

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 I give and devise the real estate

aforesaid to my sons, John Lewis Thomas Lewis, Edward Lewis

& Charles Lewis in equal proportions, If either of my

sons should die before the decease of my said wife leaving no

children living, then the share or shares of my said son or sons

so devised, is hereby devised to my said son or sons then living

in equal proportions. But if my said wife should not survive

me, then I devise and bequeath the property aforesaid to my

sons then living

2nd I desire that my said wife have the privilege of selling all the

property before mentioned both real & personal after my decease

by the consent of my said sons and retaining the amount

of said purchase money in her own right during her natural

life

3rd I do hereby nominate and appoint my beloved wife Guardian

of all my sons until they arrive to the age of twenty-one years

4th I do hereby nominate and appoint my said wife

Hannah Lewis executrix of this my last will & testament

hereby authorizing and empowering her to compromise

adjust release and discharge in such manner as she
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 100)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 100)

Description

[page 100]

[corresponds to labeled page 44 of Will Record Vol. 6 1876 - 1883]

44

Edward A Lewis Will


may deem proper the debts & claims due me and if it

shall become necessary in order to pay my debts to sell any

or all of my property both real and personal my said

wife is hereby empowered and authorized to do the same

and to make deed to purchaser to execute acknowledge

and deliver the same in fee simple. And I further

desire that no appraisement and no sale of my property

be made by order of court and the Court of Probate so

direct in pursuance of the Statute

[in left margin: Memoranda]

It is also my desire and I do hereby direct that should

my wife aforesaid be deceased before all or any of my said

sons should arrive at the age of twenty-one years that the

said property aforesaid shall not be divided until all of my

said sons shall have become of majority

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and

seal this 29th day of December A D 1874

his

Edward X A Lewis {Seal}

mark

Signed and acknowledged by said Edward A Lewis as his Last will

& testament in our presence and signed by us in his presence,

H. C. Olds & Wm Downing


Probate of Will

The State of Ohio Delaware County SS

Personally appeared in open court William Downing and H C

Olds the subscribing witnesses to the last will & testament of Edward

A Lewis deceased who being duly sworn according to law to speak

the truth in relation to the execution of said will depose and say that

the paper before them purporting to be the last will & testament of

Edward A Lewis now deceased is the will of the said deceased Edward

A Lewis, 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 & that they saw the said Edward A Lewis deceased sign

and seal said will and heard him acknowledge the same to

be his last will & testament, that the said Edward A Lewis

at the time of making signing and sealing said will was of legal

age and of sound and disposing mind and memory and under

no undue or unlawfull restraint whatsoever

Wm Downing

Sworn to & subscribed in Open Court this 20th day of April 1877

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 101)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 101)

Description

[page 101]

[corresponds to labeled page 45 of Will Record Vol. 6 1876 - 1883]

45

Frederick Fryman's Will

April 20th 1877

On this day the last will and testament of Frederick Fryman

was presented and duly proven & admitted to Probate & record

as such Last will & testament

See Journal 4 Page 545

F B Sprague

Probate Judge


Copy of the Will

The last will and testaement of Frederick Fryman of

Thompson Township Delaware County Ohio,

In the name of God I Frederick Fryman considering the uncertainty

of this mortal life and being of sound mind and memory blessed be

Almighty God for the same do make and publish this my last will

& testament in manner & form following, that is to say First I give

and bequeath unto my beloved wife Mary Freyman all the personal

property to use or sell as she sees fit, that is after the expenses are

paid, and debts if any exist. And I further bequeath unto her

all my real estate to have and to hold her natural life time

then it is my sincere desire that it shall belong to Sarah Field

my step daughter and her children after she is no more

Now I hereby appoint Martial Field sole executor of this my last

will & testament. In witness whereof I have hereunto set my hand

& seal this the Fourteenth day of December in the year of our

Lord one Thousand Eight Hundred and sixty nine 1869.

Frederick Freyman {Seal}

Signed sealed published and declared by the said named Frederick Fryman

to be his last will & testament in the presence of us who at his request and in his

presence have subscribed our names as witnesses thereunto

D. M. Russell, Joseph M. Russell

The State of Ohio Delaware County SS

Personally appeared in open court D. M. Russell & Joseph M. Russell the sub

scribing witnesses to the last will & testament of Frederick Fryman decd who

being duly sworn according to law to speak 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 Frederick Fryman now deceased is the will

of said deceased Frederick Fryman 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 Frederick Fryman decd

sign & seal said will and heard him acknowledge the same to be his last

will & testament and that at the time of signing and sealing said will the

testator was of legal age and of sound and disposing mind & memory and

under no undue or unlawfull restraint whatever

D. M. Russell

Joseph M. Russell

Sworn to & subscribed in open court this 20th day of April 1877

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 102)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 102)

Description

[page 102]

[corresponds to labeled page 46 of Will Record Vol. 6 1876 - 1883]

46

Ellen M. Cook's Will

In the name of the Benevolent Father of all.

I Ellen M. Cook of Bennington Township, Morrow County

Ohio, of lawful age, of sound mind and memory do make

and publish this my last Will and Testament because

of duty and uncertainty of life and the certainty of

death.

Item 1st I devise that all just debts and funeral expenses be

paid out of my personal property.

Item 2nd I give and bequeath to my much respected

daughter Maria Cook Tims all my property both person-

al and real during her natural life or the lives of any

heir of her body begotten including and being the undi-

vided one half of the old farm where my parents resi-

ded at the time of their decease in Bennington Town

ship, Morrow County Ohio. Being the undivided one

half of about one hundred and thirty four acres of land

Bounded on the South by lands of Lydia A. Rolloson and

Isaac Bennett, on the East by lands of Jonathan

Bennett and Tobias Stilly, on the South by lands of

Phillip Gage and Thomas Case. on the West by lands of

Thomas H. Morehouse, Harriette Witham and Isaac Bennett.

also the undivided one half of about thirty acres of land in

Kingston Township Delaware County Ohio. Bounded on the

North by lands of Charles Lee, on the East by lands

held in trust for Stiles Cook and heirs. on the South

by lands of A. Wood. on the West by the lands of Nel-

son Fleming and Wm Smith. Including and being all

the money due me from Charles Jackson in Eldora

Iowa. Secured by Mortgage and including all the monies

or credits due me, as well as all the personal property

and household goods belonging to me on the said old

home farm or anywhere else.

Item 3rd In case my said daughter Maria Cook Tims Should

die leaving no heirs of her body, or in case my said

daughter and all the heirs of her body be deceased, I devise

that my much respected brother George W. Cook have

all my property both personal and real, if he be living

if not living, then I devise that the heirs of the body

of said brother have all my property both personal and

real. And if my said Brother and the heirs of his body

be deceased (if he have any) there and in that case, I

devise that my property both personal and real be divi-

ded among the children of my much respected Brothers
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 103)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 103)

Description

[page 103]

[corresponds to labeled page 47 of Will Record Vol. 6 1876 - 1883]

47

Ellen M. Cook's Will

and Sisters equally.

Item 4th It is my request that this my last Will and

Testament be so interpreted that no part of my prop-

erty ascend or be inherited by or fall to the Father or

relatives of my said daughter's Father.

Item 5th I hereby nominate and appoint my much respect-

ed Brother, George W. Cook, executor of this my last

Will and Testament. Authorizing and empowering him

if it shall become necessary in order to pay my

just debts, to sell all or any part of my real estate

and deeds to purchasers to make and execute the same

as though I was personally present and did the same.

Item 6th I desire that no appraisement of my personal or real

property be made, that no bond be required and that

the Judge of Probate Court direct the omission of the same

Item 7th I desire that my much respected Brother George W.

Cook take special care of the property and welfare of my

much respected daughter Maria Cook Tims. And if it

shall become necessary in order to special Welfare. It is

my desire that he be appointed Guardian of her person.

Item 8 I hereby revoke all former wills by me made. In testi-

mony whereof I have hereunto set my hand and seal

this 5th day of February, one Thousand eight hundred

and Seventy Seven. Ellen M. Cook {Seal}


Signed by said Ellen M. Cook as her last Will and

Testament in our presence and by us in hers this 5th

day of Feb'y 1877.

P. C. Beard.

B. D. Buxton.

The State of Ohio }

Morrow County } S.S. Proof of Will

Personally appeared in open Court P. C.

Beard one of the subscribing witnesses to the last Will

and Testament of Ellen M. Cook late of said County,

deceased. Who being duly sworn according to law, depose

and say that the foregoing is the last Will and Testament

of said Ellen M. Cook deceased. That he subscribed his

name thereto as the attesting witness at the request of

said Testatrix and in his presence and in the presence of

and that she signed the same in his presence and

acknowledged the same to be her last Will and Tes-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 104)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 104)

Description

[page 104]

[corresponds to labeled page 48 of Will Record Vol. 6 1876 - 1883]

48

Ellen M. Cook's Will.

tament. That said Testatrix at the time of executing the

same was of full age, sound mind and memory and

not under any restraint.

P. C. Beard.

Sworn to and subscribed before me this 12th day of

February A.D. 1877.

H. L. Beebe

Probate Judge.

Commission

To take Testimony of Witness of Will.

The State of Ohio }

Morrow County S.S. }

To W. C. Harris. - 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 B. D. Buxton subscribing witness to the

last Will and Testament of Ellen M. Cook hereto an-

nexed late of the County of Morrow in the State of

Ohio. deceased. and therefore we command you that at cer-

tain days and places appointed by you, You cause the

said B. D. Buxton 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 Ellen M. Cook, and that you re-

duce such examination to writing and return the

same, together with this Commission and the Will of

the said Ellen M. Cook deceased, thereto annexed. Closed

up under your Seal, into our said Probate Court.

with all convenient speed.

In testimony whereof I H. L.

Beebe Judge of the said Court have hereunto set my

hand and affixed the seal of said Court at Mt.

Gilead, this 27th day of February A.D. 1877.

H. L. Beebe Probate Judge.


Testimony of Witness of Will.

In the matter of the last Will and Testament of Ellen

M. Cook deceased, I, W. C. Harris duly appointed and

commissioned by the Judge of the Probate Court of the

County of Morrow in the State of Ohio, to take the testimo-

ny of B. D. Buxton one of the subscribing witnesses of the

last Will and Testament of Ellen M. Cook deceased, late
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 105)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 105)

Description

[page 105]

[corresponds to labeled page 49 of Will Record Vol. 6 1876 - 1883]

49

Ellen M. Cook's Will.

a resident of said County of Morrow in the State of Ohio

which commission and the said Will are hereto annexed

marked "A", do hereby certify that in pursuance of said

Commission, I caused B. D. Buxton one of said sub-

scribing witnesses as aforesaid, to come personally before

me, at my office in Sparta, Morrow County, 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. That he was present at

the making of said Will, hereto 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 Ellen M. Cook

deceased sign and seal said Will, and heard her ac-

knowledge the same to be her last Will and Testa-

ment. That the said Ellen M. Cook 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. B. D. Buxton


I, W. C. Harris do further testify that the said testimo-

ny was reduced to writing by myself in the presence of

said witness respectively and subscribed by said witness

in my presence on this 28th day of February A.D. 1877.

In testimony whereof I have hereunto set my

hand this 28th day of February A.D. 1877.

W. C. Harris

Commission.

State of Ohio }

Morrow County S.S. }

I, H. L. Beebe Probate Judge of Mor-

row County Ohio, do hereby certify that the foregoing is a

true copy of the last Will and Testament of Ellen

M. Cook, deceased, as shown by the records of the

Probate Court of the aforesaid County.

H. L. Beebe

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 106)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 106)

Description

[page 106]

[corresponds to labeled page 50 of Will Record Vol. 6 1876 - 1833]

50

Eugene Ahern's Will

May 10th" 1877

On this day the last will and testament with the Codicil

thereto was presented and duly proved as the Said Last Will

and testament of Eugene Ahern and admitted to probate

as such.

See Journal 4 Page 560

F. B. Sprague

Probate Judge


Copy of The Will

I, Eugene Ahern do make and publish this my last will

and testament

1st It is my will that my just debts and charges be paid out

of my personal estate

2nd I give and devise in lot No 56 in Hosea Williams addition to the

town of East Delaware (old Number) as the same is designated and

numbered on the recorded plat of said addition, the new number of

Said Lot is six Hundred and thirteen, being the lot willed to me

by my first wife Hanorah Ahern, to Lawrence Ahern Mary Ahern

and Hanorah Ahern my children by my first wife Hanorah Ahern

3rd It is my will that the balance of my personal estate after paying

my just debts & all charges shall be equally divided among

all my children

4th It is my will that my wife shall have the share of my estate

which the law allows her

5th It is my will that William Sweeney be appointed Guardian of

Lawrence Mary & Hanorah Ahern until they respectively become of

age

6 In testimony whereof I have hereunto set my hand and seal

this 18th day of November AD 1875

Eugene Ahern

Signed and acknowledged by said Eugene Ahern as his last will

and testament in our presence and signed by us in his presence

John L. Jones, James R. Lytle


Whereas I Eugene Ahern on the 18th day of November AD 1875 made

my last will and testament of that day do hereby declare the

following to be a codicil thereto. I do hereby nominate and appoint

Robert Parker executor of this my last will and testament, In witness whereof

I have hereunto set my hand and seal this 10th day of July AD 1876

Eugene Ahern {Seal}

Signed and acknowledged by said Eugene Ahern as a Codicil to his last will & testament

in our presence and signed by us in his presence John L. Jones, James R. Lytle
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 107)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 107)

Description

[page 107]

[corresponds to labeled page 51 of Will Record Vol. 6 1876 - 1883]

51

Eugene Ahern's Will

whereas I Eugene Ahern on the 18th day of November AD 1875 made my

last will and testament of that day and on the 10th day of July 1876

made a Codicil thereto and nominated & appointed Robert Parker as

executor of said will & testament and whereas said Robert Parker prefers not

to act as such executor, I do hereby nominate and appoint Michael Neville

executor of this my last will and testament, and I do hereby declare

this to be a Codicil to my last will and testament.

In witness whereof I have hereunto set my hand & seal this 24th day of

April A.D. 1877 Eugene Ahern

Signed and acknowledged by said Eugene Ahern as a Codicil to his last

will and testament in our presence & signed by us in his presence and by his request

G. A. Henderson, James R. Lytle,


Probate of Will & first Codocil

The State of Ohio Delaware County SS. }

Personally appeared in open court J. L. Jones & James R

Lytle, the subscribing witnesses to the last will and testament and 1st Codicil to the

same of Eugene Ahern deceased who being duly sworn to speak the truth in relation

to the execution of said will & Codicil depose and say that the paper before them

purporting to be the last will and testament and 1st Codicil thereto is the will

and 1st Codicil of Eugene Ahern, they were present at the execution of said will and

1st Codicil at the request of the testator and subscribed their names to the same as
witnesses in

his presence and that they saw the said Eugene Ahern deceased sign and seal said

will & 1st Codicil and heard him acknowledge the same to be his last will and testament

and 1st Codicil that the said Eugene Ahern at the time of making signing & sealing said will

& Codicil was of legal age and of sound and disposing mind and memory and under no

undue restraint whatever. John L Jones, James R. Lytle

Sworn to & subscribed before me this 10th day of May 1877. F. B. Sprague Probate Judge

The State of Ohio Delaware County } SS

In the matter of the 2nd Codicil to the last will & testament of Eugene Ahern decd

we James R. Lytle & G. A. Henderson being duly sworn in open court this 10th

day of May 1877, depose and say that we were present at the execution of the second

Codicil to the last will and testament of Eugene Ahern of Delaware Ohio hereto

annexed bearing date April 24th 1877. that we saw said testator subscribe said

2nd Codicil and heard him declare and publish the same to be the second Codicil

that at the time the testator executed said Codicil he was of Legal age and of

Sound mind and memory and not under any restraint & that we signed

the same as witnesses at his request and in his presence and in the presence

of each other James R. Lytle G. A. Henderson


Sworn to & subscribed before me this 10th day of May AD 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 108)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 108)

Description

[page 108]

[corresponds to labeled page 52 of Will Record Vol. 6 1876 - 1883]

52

Gottfried Shultz Will

May 14th 1877

On this day the Last will and testament of Gotfried Shultz

was presented and duly proved and admitted as the

last will and testament of Said Gotfried Shultz

See Journal 4 Page 562


Copy of the Will

In the name of the benevolent Father of all

I G. Shultz of Delaware County Ohio

do make and publish this my last will and testament

1st After all my debts are fully paid and discharged I will to my

last wife Hannah Shultz the sum of Four Hundred Dollars

in addition to her dower in my Estate

2nd I will & bequeath to Norman Shultz Augusta Shultz Godfred

F Shultz & Godard Uon an equal division of all the rem-

ainder of my estate

3rd I hereby nominate and appoint John H Warren executor of

this will hereby authorizing & empowering him to sell by private

sale or otherwise my lots in Millville Delaware County Ohio & deed

or deeds to purchasers to make acknowledge & deliver as my executor

in fee simple: In testimony hereof I have hereunto set

my hand and seal this 26th day of Nov. AD 1868

Gottfried Shultz {Seal}

Signed and acknowledged by G Shultz as his last will in our

presence & signed by us in his presence Wm M. Warren: Wm M. Warren Jr


The State of Ohio Delaware County } SS.

Personally appeared in open court Wm M. Warren & Wm. M. Warren Jr

the subscribing witnesses to the last will & testament of Gottfried Shultz decd

who being duly sworn according to law to tell 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 G Shultz now decd is the will of said decd G

Shultz 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 testator sign and seal said will &

heard him acknowledge the same to be his last will and testament, that

at the time of signing and sealing said will said testator was of legal

age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

Wm. M. Warren

Wm. M. Warren Jr

Sworn to & subscribed in open court this

14th day of May AD. 1877. F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 109)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 109)

Description

[page 109]

[corresponds to labeled page 53 of Will Record Vol. 6 1876 - 1883]

53

William Zimmer's Will

May 21st 1877

On this day the Nuncupative last will and

testament of William Zimmer was presented for probate

and record and duly proven as such last verbal will

See Journal 4 Page 565

F. B. Sprague

Probate Judge


Copy of the Will and testimony

The following is the last will of William Zimmer Merchant

of Delaware Delaware County Ohio, who being sick and nigh

unto death which occured the next day the same was made

by the said William Zimmer in the presence of the persons

whose names are hereto subscribed and who were specially

requested by said testator to take notice to the same as

witnesses to said will and which was in these words, to wit

"I give to my wife all my property and I desire her to have

"everything as long as she shall live and I desire that she

"shall carry on everything as it now is as long as she lives"

We the undersigned were called upon by the said

William Zimmer at the time the said testamentary words

were spoken to bear testimony to said disposition as his will

This will was reduced to writing on the (12th) Twelfth day of May

A.D. 1877 being the Third day after the day of the death of said

William Zimmer and subscribed by us in the presence of each other

as witnesses to said will: In testimony whereof we have hereunto

subscribed our names at Delaware Ohio on the (12th) day of

May A D 1877. Rosina Huffman

Conrad Pepper

Benneville Stimmel

Proof of Will

The State of Ohio, Delaware County } SS

The Probate Court

The undersigned Rosine Hoffman, Conrad Pepper, Benneville

Stimmel the above named witnesses to the will, being duly sworn

according to law in open court on this 21st day of May A D 1877

depose and say that on the 9th day of May A D 1877 the

Said Rosine Hoffman Conrad Pepper & Benneville Stimmel

were at the request of the testator William Zimmer to notice

what his last verbal will was and then stated his will to be

just as the same is now reduced to writing as stated in the

paper to which this is attached and of which the following
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 110)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 110)

Description

[page 110]

[corresponds to labeled page 54 of Will Record Vol. 6 1876 - 1883]

54

William Zimmer's Will

is a true copy viz "I give to my wife all my property

and I desire her to have everything as long as she lives

and I desire that she shall carry on everything as it

now is as long as she lives"

That the said William Zimmer

was then in last sickness and died the next morning

the 10th day of May at 11 O'Clock A.M. That at the time

of making Said verbal will the testator William Zimmer

was of legal age and of sound mind and under no

undue or unlawful restraint whatsoever

Rosina Hoffman

Conrad Pepper

Benneville Stimmel

Subscribed and sworn to before me this 21st day of

May A D 1877

F. B. Sprague

Probate Judge
============================================================

May 22nd 1877

William H. Patrick's Will

On this day the last will and testament of William

H. Patrick deceased late of Orange Township Delaware

County Ohio was presented and duly proven as such

last will and testament

See Journal 4, Page 567

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all I William H.

Patrick do make and publish this my last will and

testament

1st I give and devise to my beloved wife in Lieu of her dower

the farm on which we now reside situated in Orange Township

Delaware County Ohio containing twelve acres during her

natural life and all the household goods furniture provisions

and other goods and chattels which may be thereon at the

time of my decease during her natural life as aforesaid

I also give and devise to my beloved wife a life policy which

I hold in the Home Life insurance Company of Brooklyn

New York. I also give and devise to my beloved wife

eighty acres of land which I now own and being in

the County of St Clair in the State of Missouri and being
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 111)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 111)

Description

[page 111]

[corresponds to labeled page 55 of Will Record Vol. 6 1876 - 1883]

55

William H. Patrick's Will


the north half of the south east quarter of section 14 Township 36

Range 25 during her natural life as aforesaid, at the death of my

said wife the real estate aforesaid I give and devise to my two children

Charles Henry Patrick and Mary Ellen Patrick and their heirs to be equ-

ally divided between them: If however either of my two children should

die before the decease of my said wife bearing no children living at the

decease of my said wife, then the share of said property above devised

to such child is hereby divided and bequeathed to the other child and

their heirs: If both of my two children should die before the decease

of my said wife leaving no children living at the death of my said

wife Then I bequeath the said property after the death of my said

wife to my next Kin living

2nd I give and devise all the residue of my property to my two children

to be equally divided between them when they arrive at the age of major

ity

3rd I do hereby nominate and appoint my beloved wife executrix of this

my last will and testament hereby authorizing her to compromise

adjust release and discharge in such manner as she may deem

proper the debts and claims due me: I desire that no appraisement

and no sale of my personal property be made & that my wife shall

not be requested to give a Bond as executrix or guardian & that

the court of Probate direct the omission of the same in pursuance

of the statute: I desire that my dear mother shall have a home

with my wife during her life and that my wife provide for her

out of the means devised to her

In testimony hereof I have here unto Set my hand and seal

this 3rd day of May A.D. 1877.

William H. Patrick {Seal}

Signed and acknowledged by said William H Patrick as his

last will and testament in our presence and signed by us in his presence

Rufus Carpenter, Joseph J. Woods.

The State of Ohio Delaware County } SS

Personally appeared in open court Rufus Carpenter & Joseph H Woods the subscribing witnesses

to the last will and testament of William H Patrick deceased who being duly sworn

according to law to speak 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 Joseph H Patrick now deceased is the will of the said deceased William H

Patrick 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 William H Patrick deceased sign and seal said will and

heard him declare the same to be his last will and testament that the said

William H Patrick at the time of making signing and sealing said will was

of legal age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatever Rufus Carpenter

Joseph J. Woods

Sworn to & subscribed before me this 22nd day of May AD 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 112)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 112)

Description

[page 112]

[corresponds to labeled page 56 of Will Record Vol. 6 1876 - 1883]

56

James R Beard's [Baird] Will

May 26th 1877

On this day the last will and testament with

the codicil thereto was presented for Probate and record

and duly proved and ordered to be admitted to Probate

& record as such

See Journal 4 Page 569

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the Benevolent father of all

I, James R Baird of the city of Delaware County of

Delaware and State of Ohio being of sound mind and

memory do make and publish this my last will and

testament hereby revoking and declaring null and void

all other last wills & testaments or writings in the nature

of last wills and testaments heretofore by me made

Item 1st I desire that all my just debts and funeral expen-

ses and expenses incidental thereto shall be paid as soon

as can reasonably be done after my decease

Item 2nd After paying the expenses named in Item first above

Specified and all expenses incurred in the probate court

in the proof and record of this will and attending to the

carrying into effect the provision of the same I will and

bequeath to my Son Thomas Baird to be paid annually

the rents and profits of all the balance of my estate

real and personal during his natural life excepting

so much from said rents and profits as shall by the

Probate court be judged a reasonable compensation to be

paid to my trustees of my estate to be hereafter appointed

Item 3rd At my decease and after this will shall have been admit-

ted to Probate & record I desire the Probate Court to appoint some

Suitable person Trustee whose duty it shall be to take

charge of and manage my estate and in all respects

to carry into effect the provisions of this will, and

that said Trustees be required to give bond to the satisfac-

tion of said Court Conditioned for the safe and carefull

management of my said estate and that said Trustee

be allowed such compensation yearly for his services in

this behalf as the Probate Court may deem reasonable

Said compensation to be paid out of the rents and

profits of Said Estate and the said Trustee is from

time to time as it shall become necessary invest the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 113)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 113)

Description

[page 113]

[corresponds to labeled page 57 of Will Record Vol. 6 1876 - 1883]

57

James R. Baird's Estate


the funds of said estate in such safe and carefull manner

as he may deem best, and to pay out yearly the rents and

profits as hereinbefore directed.

Item 4th At the decease of my son Thomas Baird I will and bequeath

to the children of my Brother William Baird and the children

of my sister Jane Beach the remainder of my estate both

real and personal to be distributed among said children share

and share alike

Item 5th If at any time prior to the full and entire settlement of

my estate the Trustee so as hereinbefore provided should die

become incapacitated or for good & sufficient cause should

cease to serve as said trustee then and in that case I desire

the said Court to appoint some suitable person as his successor

in said trust with all the powers and on the same conditions

and under the same restrictions as the trustee first appointed

In testimony whereof I set my hand and seal to this

my last will and testament on the 17th day of November AD 1874

James R Baird {Seal}

Signed by the said James R Baird as his last will and

testament in our presence and by us at his request and in

his presence and in the presence of each other this 17th day of

November A D 1874 A. R. Gould

Margaret J Gould


Codicil to the Will

In the name of the benevolent father of all I James R Baird of the County

of Delaware and State of Ohio being of sound mind and memory do make &

publish this my last will in addition to one I made and signed some time

over two years ago which is now deposited with the Probate Judge in said

County: I hereby constitute and appoint my friends John Cunningham and Robert

O Brown to take charge of all my estate at my decease and with my estate

according to the directions in said will and they or either of them

are hereby authorized to sell and convey any real estate I may be possessed

of at my decease and do & perform all other matters that may be

necessary according to law. In testimony whereof I hereunto set my

hand and seal this sixteenth day of May A.D. 1877.

James R. Beard {Seal}

The above instrument was signed acknowledged by the testator in

our presence and signed by us in his presence and at his request

Ambrose Blinn

William Blinn
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 114)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 114)

Description

[page 114]

[corresponds to labeled page 58 of Will Record Vol. 6 1876 - 1883]

58

James R. Baird's Will

Probate of Will

The State of Ohio } ss In Probate Court

Delaware County }

Personally appeared in open court

Margaret J. Gould (who with A. R. Gould now deceased) were

the subscribing witnesses to the last will and testament of

James R Baird deceased who being duly sworn according

to law to speak the truth in relation to the execution of said

will deposes and says that the paper before her purporting

to be the last will and testament of James R Baird

now deceased is the will of said deceased James R Baird

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 She saw the said

James R Baird deceased sign and seal said will and

heard him acknowledge the same to be his last will and

testament, that the said James R Baird at the time

of making signing and sealing said will was of legal age

and of sound and disposing mind and memory and

under no undue or unlawfull restraint whatsoever

Margaret J. Gould

Sworn to and subscribed in open court this

26th day of May A.D. 1877.

F B Sprague Probate Judge

The State of Ohio }

Delaware COunty } SS

Personally appeared in open court E. B.

Adams and John Chapman who being duly sworn say

that they are well acquainted with the hand writing of

A R Gould now deceased. That the signature to the last

will and testament of James R Baird attached hereto

purporting to have been signed by said A R Gould is

his signature and that both the body of the will and

the signature was written by him in his lifetime as we

believe, and further deponents saith not

E B Adams

John Chapman

Subscribed and sworn to before me this 26th

day of May A. D. 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 115)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 115)

Description

[page 115]

[corresponds to labeled page 59 of Will Record Vol. 6 1876 - 1883]

59

James R Baird's Will

The State of Ohio } In Probate court,

Delaware County } SS Testimony to Codicil to will

Personally appeared in open court Ambrose Blinn

& William Blinn the subscribing witnesses to the codicil to the

last will and testament of James R Baird deceased who

being duly sworn according to law to speak the truth in relation

to the execution of said codicil depose and say that the paper

before them purporting to be the Codicil to the last will and testament of

James R Baird now deceased is the codicil to the said last

will and testament of said deceased James R Baird

That they were present at the execution of said codicil at the

request of the testator subscribed their names to the same as

witnesses in his presence and that they saw the said James R

Baird deceased sign and seal said codicil and heard him

acknowledge the same to be a codicil to his last will and

testament that the said James R Baird at the time of making

signing and sealing said codicil to the will was of legal age

and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

William Blinn

Sworn to & subscribed in open court

this 26th day of May A D 1877

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 116)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 116)

Description

[page 116]

[corresponds to labeled page 60 of Will Record Vol. 6 1876 - 1883]

60

Benjamin Benedict's Will

June 2nd 1877

On this day the last will and testament with

the codicil thereto was presented for Probate &

record and duly proven and ordered to be

admitted to Probate & record

See Journal 5 Page 1.

F. B. Sprague

Probate Judge


Copy of the will

Know all men by these presents that I Benjamin

Benedict of Kingston Township Delaware County

Ohio do make and publish this my last will and

testament in following form, that is to say

1st It is my will that all my just debts and funeral

expenses be paid

2nd I give and bequeath unto my wife Jane Benedict in

lieu of her dower Forty seven (47) acres of land in

the south part of the farm on which we now reside

during her natural life. I moveover give and bequeath

unto my wife during her natural life the north part

of the house in which we now live together with all the

household and kitchen furniture beds & bedding owned

by me at the time of my decease. I likewise give unto

her one Horse one Cow and ten sheep such as she

may select

3rd I give and bequeath unto my two grandsons Ira Ben-

edict & Edgar Benedict each one hundred and seventy

one dollars and fifty cents to be paid, one half in one

year and one half in two years from my decease

4th I give and bequeath unto my son Sturgis

Benedict and his heirs forever in fee simple the

farm on which we now reside situated in Kingston

Township Delaware County Ohio and containing

about one Hundred and Forty seven acres, Subject how

ever to the rights granted to my wife in the Second

Item of this will I moreover give unto my son

Sturgis Benedict all the live stock of all Kinds owned

by me at my decease except what is given to my wife

in the second item of this will. I likewise give unto

my said son all my personal property monies and

credits not otherwise disposed of in this will and owned

by me at the time of my decease

5th It is my will that at the time of the decease of my
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 117)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 117)

Description

[page 117]

[corresponds to labeled page 61 of Will Record Vol. 6 1876 - 1883]

61

Benjamin Benedict's Will

wife all the household and kitchen furniture beds and

bedding then left shall belong one half to my son Sturgis

Benedict and the other half in equal parts to my two grand

sons Ira Benedict & Edgar Benedict

6th I do hereby nominate and appoint Franklin M Owen

of Kingston Township county and state aforesaid 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. I desire that no appraisement and no sale of

my personal property be made & that the court of Probate

direct the omission of the same in pursuance of the

Statute.

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and seal

this 21st day of March A D 1868.

Benjamin Benedict {Seal}

Signed and acknowledged by said Benjamin Benedict

as his last will & testament in our presence and signed by

us in his presence N. P. Ferguson

H Hodgden


Codicil to the foregoing Will


Whereas I Benjamin Benedict of the Township of

Kingston County of Delaware in the State of Ohio

having made and duly executed my last will &

Testament in writing bearing date the 21st day of March

A.D. 1868. Now 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 a part thereto as follows

That Whereas F M Owen appointed in the foregoing will

as executor thereof has deceased, Therefore I do nominate

and appoint William H Maxwell as executor of my last

will and testament instead of F M Owen deceased

with all the powers delegated to the same in said will

In witness whereof I have hereunto set my hand and seal

this 21st day of June A D 1875

Benjamin Benedict {Seal}

Signed Sealed and delivered in

our presence as dated above

J. Sheets

A Sheets
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 118)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 118)

Description

[page 118]

[corresponds to labeled page 62 of Will Record Vol. 6 1876 - 1883]

62

Benjamin Benedict's Will

Probate of Will

The State of Ohio Delaware County } SS In Probate Court


Personally appeared in open Court N. P. Ferguson &

H. Hodgden the subscribing witnesses to the will of the

Said Benjamin Benedict, and J. Sheets and A

Sheets subscribing witnesses to the codicil to said will

who being duly sworn according to law to tell the truth

in relation to the execution of said will and the codicil

thereto depose and say that the paper before them

purporting to be the last will and testament with

the codicil thereto of Benjamin Benedict is the will

with the codicil thereto of the said Benjamin Benedict

that they were present at the execution of said will and

Codicil subscribed their names to the same as witnesses

in his presence and that they saw Benjamin Benedict

deceased sign and seal said will and codicil and heard

him acknowledge the same to be his last will and codicil,

That the said Benjamin Benedict at the time of making

signing & sealing said will & codicil was of legal

age and of sound and disposing mind and mem-

ory and under no undue or unlawfull restraint what

soever. H Hodgden }

N P Ferguson } Witnesses to the Will

J. Sheets }

A Sheets } Witnesses to the Codicil

Sworn to & subscribed in open court this

2nd day of June A D 1877

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 119)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 119)

Description

[page 119]

[corresponds to labeled page 63 of Will Record Vol. 6 1876 - 1883]


63

Joseph Norr's Will

June 8th 1877

On this day the last will & testament of Joseph

Norr late of Ashley Delaware County Ohio, was presented

and duly proven and admitted to Probate & record as the

last will and testament of the said deceased Joseph Norr

See Journal 5 Page 3

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father of all

I Joseph Norr of Ashley County of Delaware & State of Ohio

do make and publish this my last will and testament

1st It is my will that my Just debts and all charges including

doctors bill funeral expenses to be paid out of my estate

2nd I give and devise all the residue of my estate both

real and personal to Elizabeth my wife to be to her and

her heirs forever, the said real estate belonging to my said

Estate consisting of the house and lot in the Village of

Ashley now occupied as my homestead and also the farm

in Oxford Township Delaware County Ohio recently purchased

of Franklin Bartholomew

3rd I appoint and make the said Elizabeth my wife

Executrix of this my last will and testament and further

that I desire that no appraisement and no sale of personal

property be made and that the court of probate direct the

omission of the same in pursuance of the statute

I do hereby revoke all former wills by me made

In testimony hereof I hereunto set my hand

and seal this 15th day of February A D 1876.

Joseph Norr {Seal}

Signed and acknowledged by said Joseph Norr as his

last will and testament in our presence and signed by us

in his presence, John Chapman Josephus F. Doty

The State of Ohio County of Delaware } SS

Personally appeared in open court John Chapman and Josephus Doty the sub-

scribing witnesses to the last will & testament of Joseph Norr deceased who being

duly sworn according to law to speak 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 Joseph Norr now deceased is the will of the said deceased Joseph Norr 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

Joseph Norr deceased sign & seal said will and heard him acknowledge the

same to be his last will & testament that the said Joseph Norr at the time of

making signing & sealing said will was of legal age and of sound and disposing

mind and memory and under no undue or unlawful restraint whatsoever


Sworn to & subscribed in open court } F B Sprague

this 8th day of June A D 1877 } Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 120)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 120)

Description

[page 120]

[corresponds to labeled page 64 of Will Record Vol. 6 1876 - 1883]


64

Horace Janes: Estate Will

July 20th 1877

On this day the Last will and testament of Horace

Janes was presented and duly proved and ordered

admitted to record as such last will and Testament

Journal 5 Page 15

F. B. Sprague

Probate Judge


Copy of The Will


In the name of the benevolent father of all, I Horace Janes of

Delaware County Ohio do make this my last will and testament

Item 1st It is my will that my wife Jane and daughter Minerva

shall have the homestead containing 84 1/4 acres of land in Range

18 Township 4 Section 4 Lot l Berlin Township Delaware

County and also 15 acres of Lot 16 Sect 3 it being one half

of 30 acres divided north and south, they having the east half

Item 2 That my son Seymour Janes shall have 19 3/4

acres in range 18 Township 4 Section 4 Lot 2 in said T.P

& county and 15 acres in Lot 16 Section 3 it being the west half

of 30 acres: In testimony whereof I have hereunto set my hand

and seal this Eleventh day of July in the year one thousand eight

Hundred and seventy Seven Horace Janes {Seal}


Signed and acknowledged by said Horace Janes as his last will

and testament in our presence and signed by us in his presence

L M Hitchcock

H S Rust


Probate of the Will

The State of Ohio Delaware County } SS

Personally appeared in open court L M Hitchcock & H S Rust the

subscribing witnesses to the last will and testament of Horace Janes decd

who being duly sworn according to law to speak 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 Horace Janes now deceased is the will of the said

deceased Horace Janes. That they were present at the execution of said will

at the request of the testator subscribed their names to the same in his

presence as witnesses and that they saw the said Horace Janes deceased sign

and seal said will and heard him acknowledge the same to be his last will

& testament that the said Horace Janes at the time of making signing and sealing

said will was of legal age and of sound and disposing mind & memory and not

under any undue or unlawfull restraint whatsoever: H.S. Rust, L.M. Hitchcock

Sworn to and subscribed in open Court this 21st day of July AD 1877

F B Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 121)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 121)

Description

[page 121]

[corresponds to labeled page 65 of Will Record Vol. 6 1876 - 1883]


65

Joseph Roloson's Estate

August 2nd 1877

On this day the last will and Testament of Joseph

Roloson decd was presented and duly proved and

admitted to Probate & Record

See Journal 5 Page 20


Copy of the Will

In the name of God Amen,

I Joseph Roloson of the township

of Berlin in the county of Delaware and state of Ohio

being of sound mind and memory and considering the

uncertainty of this frail and transitory life do therefore make

ordain publish & declare this to be my last will and testament

That is to say first after all my lawfull debts and expense

that may arise in the settlement of my Estate are paid &

discharged the residue of my estate real & personal I give bequeath

and dispose of as follows: To my beloved wife Margaret

I give devise & bequeath the one third part in value of all

my real estate to her and her heirs and assigns forever

in fee simple so that by this will she will take an absolute

title in fee simple in said third part in value

I further give devise and bequeath to my said wife all

my personal property of every name nature and description

whatsoever including stocks or bonds moneys and credits being

all that is left after paying my debts and any expenses

that may be incured in the settlement of my estate,

This bequest to my wife is in lieu of that portion of my

estate real & personal to which she would be entitled by

law were I to make no will and also in lieu of her years

support which would have been set off to her had I made no

will

I give bequeath and devise all the residue and remainder

of my real estate being the two thirds part thereof to my children

to wit, Lydia wife of Reuben C Gardner, Elisabeth wife

of Lewis Richardson Henrietta wife of Chauncy W Smith

Louisa Roloson, and Fidelia Roloson all now resident

in Berlin township Delaware County Ohio but Elisabeth who

resides in Madison County Ohio, so that each of my said

Children at my decease shall be seized in fee simple of the

undivided one fifth (1/5) part of the two thirds (2/3) part of

all my real estate

In case any one or more of my children die before I do leaving

no child living at my decease, then the share of my said
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 122)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 122)

Description

[page 122]

[corresponds to labeled page 66 of Will Record Vol. 6 1876 - 1883]


66

Joseph Roloson's Will

real estate which such child of mine would have taken

by this will had she been living at my decease I give and

devise and bequeath to such of my said children as shall

be living at my decease and to my grandchildren living

at my decease whose mother may have not survived me

so that said grandchildren may take by this will jointly

the share that their mother would have taken had she

survived me: In case any of my children die before I

do leaving children surviving me it is my will that the share

which the mother would have taken by this will had she

survived me go to the child or children of said mother jointly

In case my personal property should prove insufficient

for the payment of my debts funeral expenses and any

expenses that may be incured in the settlement of my

estate it is my will that such deficiency be paid out of

my real estate before any division thereof is made and then

in that case it is my will that the residue left of my

real estate after making up such deficiency be divided

as hereinbefore stated to wit one third to my children in

fee simple with the same arrangement in case of a child

or children surviving me or in case of dying with child or

children surviving me as above set forth

I constitute and appoint my said wife executrix of

this my last will and testament and request that she

be not required to give bonds, and further request that there

be no appraisement or inventory of my estate required

In witness whereof I have hereunto subscribed my name and

affixed my seal this 28th day of January in the year of

our Lord one thousand Eight Hundred and seventy four

John Roloson {Seal}


The above written instrument was subscribed by the said

Joseph Roloson in our presence and acknowledged by him

to each of us and he at the same time published and

declared the above instrument so subscribed to be his last

will and testament and we at the testators request and

in his presence have been signed our names as witnesses

hereto and written opposite our names our respective

places of residence John Chapman

Henry J Eaton

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 123)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 123)

Description

[page 123]

[corresponds to labeled page 67 of Will Record Vol. 6 1876 - 1883]

67


Joseph Roloson's Will

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court John Chapman

& Henry J Eaton the subscribing witnesses to the last will

and testament of Joseph Roloson deceased who being duly

sworn according to law to speak 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 Joseph

Roloson now deceased is the will of said deceased Joseph

Roloson, 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 Joseph Roloson sign and seal said will and heard

him acknowledge the same to be his last will and test-

ament, that the said Joseph Roloson at the time of making

signing & sealing said will was of legal age and of sound

and disposing mind and memory and under no undue

or unlawfull restraint whatsoever

John Chapman

Henry J Eaton

Sworn to & Subscribed in open court this second day

of August A D 1877

F. B. Sprague Probate Judge
===========================================================

Margret E. Nettleton's Will

August 14 1877

On this day the Last Will and Testament of

Margaret E Nettleton decd late of Berlin Township was

presented and duly proven as the last will & testament of said

Margaret E Nettleton

See Journal 5 Page 21

F. B. Sprague Probate Judge


Copy of the Will

Know all men by these presents that I Margaret E Nettleton

of the Township of Berlin in the County of Delaware and State

of Ohio considering the uncertainty of this life and being of

sound mind and memory do make declare and publish

this my last will and testament

I give and bequeath unto my Son Charles C Nettleton the

following described land situated in Berlin Township Delaware

County Ohio in Range Eighteen Township four Section four

United States Military Survey bounded and described as follows
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 124)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 124)

Description

[page 124]

[corresponds to labeled page 68 of Will Record Vol. 6 1876 - 1883]


68

Margaret E Nettleton's Will


A part of Lot seven beginning at D S Headleys south west

corner on the line between lots six and seven thence running

north 7? west along said Headleys west line sixty five and

56/100 poles to R Kelseys southeast corner thence west along

R Kelseys south line Thirty five and a half poles and two links

to Azar Saunders Northeast corner thence south along A

Saundres east line sixty five and 56/100 poles to the aforesaid lot

line between lots six and seven, thence east along said lot line to

thirty five and a half poles and two links to the place of beginning

containing fourteen and a half acres of land more or less

to have and to hold the same to him his heirs and assigns forever

with this condition that he shall pay when circumstances admit

to my daughters Son Baron S Nettleton the sum of one

Hundred dollars and to my daughter Lydia A Adams the

sum of One Hundred dollars and to my daughter E Lina Storm

One Hundred dollars

I do nominate and appoint my husband Daniel Nettleton

to be the executor of this my last will and testament

In testimony whereof I have hereunto to this my last will and

testament subscribed my name and set my seal this Ninth day

of July in the year of our Lord one thousand Eight Hundred

and Seventy Seven Margaret E Nettleton {Seal}


Signed sealed declared and published by the said Margaret E Nettleton as

her last will and testament in presence of us who at her request and

in her presence and in presence of each other have subscribed our names

as witnesses hereto S. C. Dunn, Z Bowman


The State of Ohio Delaware County } SS

Personally appeared in open court Zenas Bowman & S C Dunn the subscribing

witnesses to the last will & testament of Margaret Nettleton decd who being duly sworn

to speak the truth in relation to the execution of said will depose and say that the

paper before them purporting to be the last will & testament of Margaret Nettleton now decd

is the will of the said decd Margaret Nettleton, that they were present at the execution

of said will subscribed their names to the same as witnesses in her presence and that

they saw the said Margaret Nettleton sign and seal said will and heard her ac-

knowledge the same to be her last will and testament that the said Margaret

Nettleton at the time of executing & signing said will was of legal age and

of sound and disposing mind and memory and under no undue

or unlawful restraint whatsoever, S. C. Dunn

Zenas Bowman

Sworn to & subscribed in open Court this

14th day of August A D 1877. F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 125)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 125)

Description

[page 125]

[corresponds to labeled page 69 of Will Record Vol. 6 1876 - 1883]

69

Jacob Colflesh's Will

August 15th 1877

On this day the last Will and Testament of Jacob Colflesh

decd Late of Liberty Township was presented and duly proven

as such Last will and ordered admitted to Record

See Journal 5 Page 22

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all

I Jacob Colflesh of the Township of Liberty County of

Delaware and State of Ohio do make and publish this

my last will and testament

1st It is my will that my just debts and all charges be paid out of

my estate

2 I give and devise all the residue of my personal property to

my daughter Eliza A to be her and her heirs

3 I appoint and make my friend B Lugenbeel executor

of this my last Will & Testament:

In testimony whereof I have hereunto set my hand and seal

this 15th day of December in the year 1875

Jacob Colflesh {Seal}

Signed and acknowledged by said Jacob Colflesh as his last

will and testament in our presence and signed by us in his presence

J. C. Colflesh J. E. Colflesh


Probate & Proof of Will

In the matter of the Last Will and Testament of Jacob

Colflesh decd

We J C Colflesh & J E Colflesh being duly sworn in open Court

this 15th day of August A D 1877, depose and say that we

were present at the execution of the Last Will and Testament

of Jacob Colflesh of Liberty Township Delaware County hereunto

annexed bearing date 15th day of December 1875, that we saw the

Said testator subscribe said will and heard him publish

and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under 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 Colflesh

J E Colflesh

Sworn to and subscribed before me in the Probate Court this 15

day of August 1877 F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 126)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 126)

Description

[page 126]

[corresponds to labeled page 70 of Will Record Vol. 6 1876 - 1883]


70

John Guy's Will

August 20th 1877

On this day the last will and testament of John

Guy Late of Scioto Township Delaware County Ohio

was presented, duly proved and ordered admitted to

Record.

See Journal 5 Page 23.

F. B. Sprague Probate Judge


Copy of The Will.

In the name of the benevolent father of all,

I John Guy of Delaware County Ohio do make and

publish this my last will and testament

1st I give and bequeath to my youngest children who may

not be married at the time of my death the sum of

Two Hundred dollars each, to be given to them before any

division of my real or personal property is made

2nd I desire that all of my real and personal property

be sold after the above named two Hundred dollars shall be

paid as above mentioned to my unmarried children and

equally divided amongst all of my children or the heirs

of any that may be deceased

3rd I desire that my real estate shall be sold within two years

after my decease

4th I hereby nominate and appoint James A Guy

executor of this my last will and testament hereby authorizing

and empowering him to adjust release and discharge in

such manner as he may deem proper and upon such

terms of credit or otherwise as will be to the best interest

to all the heirs and make deed to purchasers to execute

acknowledge and deliver in fee simple


I do hereby revoke all former Wills by me made

In testimony whereof I have hereunto set my hand

and seal this 8th day of December 1873

John Guy {Seal}


Signed and acknowledged by said John Guy in our

presence and signed by us in his presence

L. S. Felkner

Herman Felkner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 127)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 127)

Description

[page 127]

[corresponds to labeled page 71 of Will Record Vol. 6 1876 - 1883]

71

John Guy's Will

Probate of the Will


The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in Probate Court L.S.

Felkner & Herman Felkner the subscribing witnesses to the

last will and testament of John Guy deceased who being

duly sworn according to law to speak 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 John Guy now decd is the will of the said

decd John Guy, 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 & that they saw the said John Guy

deceased sign & seal said will and heard him declare the same to

to be his last will and testament that the said John Guy at

the time of making signing and sealing said will was of legal

age and of sound and disposing mind and memory and

under no undue or unlawfull restraint whatsoever

L. S. Felkner

Herman Felkner

Sworn to & subscribed in open court this 20th day of

August A. D. 1877.

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 128)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 128)

Description

[page 128]

[corresponds to labeled page 72 of Will Record Vol. 6 1876 - 1883]


72

Susannah Hill's Will

August 27th 1877

On this day the Last Will and testament of Susannah

Hill was presented and desk duly proved as such Last

will and testament by the oaths of Joseph Norris &

William P. Reid.

See Journal 5 Page 26.

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all, I Susannah Hill

widow of the late Sephen Hill of Concord Township Delaware

County in the State of Ohio being of sound mind and mem-

ory and being desirous of disposing of what property I may

own at the time of my decease do make and publish this

as my last will and testament, that is to say:

1st I do hereby devise and bequeath to my son Solomon Hill

all and every part and parcel of all personal and

real property of every name and nature which I may

in any name own at the time of my decease to be his absolutely

forever, but in case of his death before my decease then

in that case, this said property both real and personal as

above shall go to and is hereby bequeathed and devised to his

two children Ruth and Murlto Hill now living with their

father the said Solomon Hill

Item 2nd I do hereby nominate my son Solomon Hill executor of this

my last will and testament and hereby authorize and em-

power him to take immediate possession of all my estate

real personal and mixed as hereinbefore stated upon my decease

without an inventory and without appraisement: Said

property however is intended to be subject to the payment

of all just debts owing by me at the time of my decease

The words manner & Stated were interlined before being signed

by me: In witness whereof I have hereunto set my hand

and seal this 14th day of October A D 1872

her

Susannah X Hill {Seal}

mark


We the undersigned were present and saw the said Susannah Hill sign

seal and acknowledge the foregoing instrument of writing to be her last

will & testament and requests us to sign the same as witnesses, She

signed & acknowledged the same in our presence and we signed the same

as witnesses in her presence at her request: Joseph Norris

W P Reid
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 129)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 129)

Description

[page 129]

[corresponds to labeled page 73 of Will Record Vol. 6 1876 - 1883]

73

Susannah Hill's Will

Probate of Will

The State of Ohio }

Delaware County } S S In Probate Court

Personally appeared in Open Court Joseph

Norris & W P Reid the subscribing witnesses to the Last

Will and testament of Susannah Hill decd who being duly

sworn according to law to speak 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 Susannah Hill now deceased is the will of

said deceased Susannah Hill, 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 her presence and

that they saw the said Susannah Hill decd sign and seal

said will and heard her acknowledge the same to be her

Last will and testament that at the time of signing and

sealing said Susannah Hill was of legal age and of

sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

Joseph Norris


Sworn to and subscribed in open court this 27th day

of August 1877

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 130)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 130)

Description

[page 130]

[corresponds to labeled page 74 of Will Record Vol. 6 1876 - 1883]

74

Lucy A Andrews Will

August 28th 1877

On this day the last will and testament of Lucy

A Andrews was duly proven and admitted to probate

and record

See Journal 5 Page 27.

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father of all, I Lucy A

Andrews of the county of Madison State of Ohio being of

Sound mind & memory do make and publish this my

last will & testament

Item 1st I give and devise to Charles M. Andrews & Lyman S

Andrews my two Sons all of my real estate situated in

the town of Plain City Madison County State of Ohio

Containing 2 acres & 84 poles

Item 2 I desire after my death that all of my personal property

shall be sold and my just debts be paid, If the proceeds of

said sale prove insufficient to satisfy said debts I desire

that the rent of my real estate be used to satisfy said debts

Item 3 I do hereby appoint and constitute Leroy F Hager trustee

of my property with full power to settle and adjust my

business and hold and controll my property until my

two sons above named become of the age of twenty one years

Item 4th I desire that no appraisement or sale be made of my real

estate and that the court of Probate direct the omission of

the same: I do hereby revoke all former wills by

me made: In testimony hereof I have hereunto set my

hand and seal this the 25th day of May A D 1877

Lucy A Andrews {Seal}


Signed and acknowledged by said Lucy A Andrews as

her last will and testament in our presence and signed

by us in her presence H. C. Warner

Nettie Warner


Probate of the Will

The State of Ohio Delaware County } SS

Personally appeared

in open Court H C Warner & Nettie Warner the

subscribing witnesses to the last will and Testament

of Lucy A Andrews decd who being duly sworn to

speak the truth in relation to the execution of said will

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 131)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 131)

Description

[page 131]

[corresponds to labeled page 75 of Will Record Vol. 6 1876 - 1883]

75

depose and say that the paper before them purporting to be

the last will and testament of Lucy A Andrews now decd

is the will of the said deceased Lucy A. Andrews, that they

were present at the execution of said will at the request of

the testatrix subscribed their names to the same as witnesses

in her presence and that they saw the said Lucy A Andrews

deceased sign & seal said will and heard her acknowledge

the same to be her last will and testament, that the

Said Lucy A Andrews at the time of making signing and

sealing said will was of Legal age and of sound and

enduring mind and memory and under no undue or

unlawful restraint whatsoever: H C Warner

Nettie Warner

Sworn to & subscribed in open Court

this 28th day of August 1877. } F B Sprague, Probate Judge

=============================================================


Nathaniel Roloson's Will

September 1st 1877

On this day the last will and testament of

Nathaniel Roloson decd was presented and duly proven

as such last will and testament, ordered Recorded

See Journal 5 Page 28

F B Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all I Nathaniel

Roloson of the county of Delaware and State of Ohio

do make this my last will and testament

Item 1st I give and devise to my daughter Catharine Terrell Three

Hundred and Eighty dollars to be paid in Stallments of

Fifty dollars a year, the first payment of fifty dollars

is to be made the 1st day of November A D one thousand Eight

Hundred and seventy six, Thirty dollars to be paid then and

if Catharine does not live to get the amount stated then

when she dies and her funeral expenses paid out of it

then if any is left it goes to the rest of the heirs not any

to her family

Item 2 I give and devise to my Grandchildren Eber &

C. N. Roloson Two Hundred & fifty dollars each

Item 3 I give and devise to my Grand daughter Larina Coleman

& to Nathaniel B Roloson Two Hundred & fifty dollars each
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 132)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 132)

Description

[page 132]

[corresponds to labeled page 76 of Will Record Vol. 6 1876 - 1883]

76

Nathaniel Roloson's Will

Item 4th I give and devise to my grand daughter Grace Roloson

Two Hundred and fifty dollars to be paid out of a note

coming from the Carnes that I sold my place to that

is due the 1st day of November 1877, and it must be put

out on interest yearly till she becomes 18 years old then

she must have the principal and interest all

Item 5 I give and devise to my daughter Phebe Dunham

Three Hundred dollars to be paid when the last note

comes due and is paid that is coming from the Carnes

that I sold my place to

Item 6th I give and devise to my son Truman S Roloson Five

Hundred dollars and if he does not let Almira Roloson

have five Hundred dollars of her Fathers property that

he left with T. S. Roloson his Brother, then she must

have enough of his share to make it up to five Hundred

dollars

Item 7th I give and devise to my Grand daughter Almira Roloson

Six Hundred dollars, it is to be paid out of the last

note coming from the Carnes when it comes due and

is paid

Item 8 I give and devise to my grand daughters Pheba Hultz

& Sarah Hultz fifty dollars each and they must have

it paid out of the note that comes due the 1st of Nov.

1877. Then it must be put out on interest yearly till they

become 18 years old, then they must have the principal &

interest that it has gained

Item 9 I have given to my daughter Sophia Hultz all that

I intend for her in the land that I deeded to Henry

Hultz her Husband

Item 10 And the rest of my property after my debts and

funeral expenses are paid and then what is left of my

property must be equally divided between all of my heirs

Item 11th I hereby nominate and appoint Geo Gibson my executor of

this my last will and testament provided that he will execute

the same for thirty dollars. I do hereby revoke all former wills

by me made. In testimony whereof I have hereunto set my

hand and seal this eighth day of May one thousand Eight

Hundred and Seventy six

Nathaniel Roloson {Seal}

Signed and acknowledged by said Nathaniel Roloson as his last will and testament in our

presence & signed by us in his presence R. M. Fuller

W. P. Frost
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 133)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 133)

Description

[page 133]

[corresponds to labeled page 77 of Will Record Vol. 6 1876 - 1883]

77

Nathaniel Roloson's Will

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court Ralph M

Fuller & W P Frost the subscribing witnesses to the last will

and testament of Nathaniel Roloson decd who being duly sworn

according to law to speak the truth in relation to the execution

of said will depose and say that the paper before them purpor-

ting to be the last will and testament of Nathaniel Roloson

now deceased is the will of the said deceased Nathaniel Roloson

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 Nathaniel Roloson deceased sign and seal

said will and heard him declare the same to be his last will

and testament & that at the time of making signing and sealing

said will the said Nathaniel Roloson was of legal age and under

no undue or unlawful restraint whatever & of sound mind & memory

R. M. Fuller

W. P. Frost

Sworn & subscribed to in open court this 1st day of September A D 1877

F. B. Sprague

Probate Judge

=======================================================================

Daniel M. Cowgill's Sen. Will

Sept. 8th 1877

On this day the last will and testament of Daniel M

Cowgill Sen. Was presented and duly proven as such Last

Will & testament and ordered admitted to record

See Journal 5 Page 32

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all, I Daniel M. Cowgill

Senior of Delaware County Ohio do make and publish this my

last will and testament

Item 1st I give and devise to my beloved wife Clarissa in Lieu of her

dower and also in Lieu of her years support under the law

the farm on which we now reside situated in Brown Township

Delaware County Ohio containing about seventy five acres of Land

with all the appurtenances thereunto belonging during her natural life

and all the stock household goods furniture & provisions which

may be thereon at my decease during her natural life as aforesaid

She however to sell so much thereof as may be required for her
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 134)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 134)

Description

[page 134]

[corresponds to labeled page 78 of Will Record Vol. 6 1876 - 1883]

78

Daniel M Cowgill's Will


to pay my just debts and may also use or sell so much

thereof as may be required for her comfortable support during

her natural life and I do also give and devise to my wife

the use and controll of one third part of my property

moneys & credits not above devised during her natural life

as aforesaid

Item 2nd At the death of my said wife I give and devise to my

granddaughter Martha Heller One thousand dollars out of

any moneys goods & chattels personal property or real

estate that may be left & unexpended at the decease of my

said wife

Item 3rd I do also give and devise to my grandson John Cowgill Five

Hundred dollars to be paid to him out of any moneys goods

& chattels personal property or real estate that may be left

unexpended at the decease of my said wife

Item 4th I give and devise the remainder of my personal property goods

& chattels & moneys & credits & real estate which may be left after

paying the legacies provided for in item 2 & 3 above mentioned to

John Cowgill my adopted son and to the heirs of my son Dan'l

M Cowgill Jr and the heirs of Nancy Heller my daughter and

the heirs of my daughter Martha Thurston and to the heirs of

of my daughter Sarah Ann Bullen to be divided equally

between my adopted son & said heirs: The heirs of my son

David Cowgill have already been provided for by me

My son Andrew Cowgill has already been provided for by me

and I do not desire to provide anything else for him in my

last will and testament

Item 5th I hereby nominate Daniel M. Cowgill Jr and Josiah Bulen

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 and I do also empower them after the decease

of my said wife to sell said real estate at Private sale or Public

sale as they may deem proper most advantagous and that

they have a reasonable time in which to make said sale to wit

within six years unless the law requires them to make such

sale within a shorter period of time

Item 6th I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal

this 4th day of March A D 1873

Daniel M. Cowgill Sen. {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 135)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 135)

Description

[page 135]

[corresponds to labeled page 79 of Will Record Vol. 6 1876 - 1883]

79

Daniel M. Cowgill's Sen. Will

Signed and acknowledged by said Daniel M. Cowgill senior as his last

will & testament in our presence and signed by us in his presence

James Farris

Ford K M Joy

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open Court Fred K M Joy one of the sub-

scribing witnesses to the last will & testament of Daniel Morris Cowgill

senior decd, who being duly sworn according to Law to speak the truth

in relation to the execution of said will depose and say that the paper

before him purporting to be the last will and testament of Daniel M

Cowgill Senior now deceased is the will of said deceased Daniel M

Cowgill Sen of said county that he said affiant together with one

James Farris also of said County but who is now deceased 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 Daniel M Cowgill Sen decd sign & seal said will and heard

him acknowledge the same to be his last will and testament that the

said Daniel M Cowgill Sen, at the time of making signing & sealing said

will was of legal age and of sound and disposing mind and memory

and under no undue or unlawfull restraint whatsoever & that he

the said affiant saw the said James Farris the other subscribing witness

to said will who is now deceased as above stated sign his name to said last

will & testament of said Daniel M Cowgill Sen now deceased as such subscribing

witness and that the signature of said subscribing witness James Farris is genuine

Fred K M Joy

Sworn to and subscribed in open Court this 8th day of September AD 1877

F B Sprague Probate Judge

The State of Ohio Delaware County } SS In Probate Court

Jackson Hipple of Delaware Ohio being sworn says that he is well

acquainted with the signature of James Farris now deceased and

that he has compared the signature of James Farris attached to the

Will of Daniel M Cowgill Sen now before him, with other signatures of

the said deceased James Farris and believes the same to be His

signature & that the same was attached to the said will during

the lifetime of the said James Farris

J Hipple

Sworn to & subscribed before me this 8th day of September A.D.

1877. F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 136)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 136)

Description

[page 136]

[corresponds to labeled page 80 of Will Record Vol. 6 1876 - 1883]

80

Lucy O. Little's Estate


September 13th 1877

On this day the Last Will & Testament of Lucy O Little

decd late of Scioto Township Delaware County Ohio

was presented for and duly admitted to probate & record

See Journal 5 Page 36

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all,

I Lucy O Little being of Sound Lawfull age and

sound mind do make and publish this my last

will and testament

Item 1 I give and devise to my Sister Ellen Arthur the sum

of Five Hundred dollars to be paid as hereinafter

mentioned

Item 2 I give and devise to my half sister Mary E More

The sum of five Hundred dollars to be paid as herein

after mentioned

Item 3 The amount of money provided in the 1st & 2nd items

shall be made out of the real estate of which I now

hold one third interest in the farm Known as the Little

Farm in Scioto Township Delaware County Ohio

Containing One Hundred and Sixty five and 3/4 acres

of land, but said land not to be sold until after

the decease of my mother Mrs Elizabeth Moor

Item 4 I further provide that in case my half sister Mary

E Moore should not survive my mother Elizabeth Moore

then at my mothers decease all my property both real

and personal I give to my sister Ellen Arthur except

I give to the Presbyterian Church of which I am a

member of the sum of two Hundred dollars to be expended

to the best advantage for the benefit of the same and the

cause of religion: I desire that no appraisement and

no sale of my property be made and that the Court

of Probate direct the omission of the same,

In testimony hereof I have hereunto set my hand and seal

on this the 17th day of August 1877

Lucy O Little {Seal}

Signed and acknowledged by the said Lucy O Little as her

last will & testament in our presence and signed by us in her

presence. Fredrick Decker

Wm P Crawford
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 137)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 137)

Description

[page 137]

[corresponds to labeled page 81 of Will Record Vol. 6 1876 - 1883]

81

Lucy O. Little's Will


Probate of the Will

The State of Ohio Delaware County } SS In Probate Court

Personally appeared in open court Fredrick

Decker & Wm P. Crawford the subscribing witnesses to the

last will and testament of Lucy O Little deced who

being duly sworn according to Law to speak 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 Lucy O Little now deceased is the will

of the said deceased Lucy O Little, 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 her

presence and that they saw the said Lucy O Little

decd sign and seal said will and heard her declare the

same to be her last will and testament, that the said

Lucy O Little at the time of making signing & sealing

said will was of Legal age and of sound and disposing

mind and memory and under no undue or unlawful

restraint whatsoever: Frederick Decker

Wm P Crawford

Sworn to & subscribed in open court this 13th day of Sept 1877

F B Sprague Probate Judge


See record of deeds volume 104 Page 414 For the transfer of these Legacies

& Liens to Edward A Arthur owner of an Estate for life in the real Estate

mentioned in the Above Will of Lucy O Little

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 138)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 138)

Description

[page 138]

[corresponds to labeled page 82 of Will Record Vol. 6 1876 - 1883]

82

Fredrick (Jacob) Liebendorfer's Will

September 20th 1877

On this day the Last Will and testament of Jacob

Liebenderfer was presented and duly proven as the

last will and testament of Said Jacob Liebenderfer

and ordered admitted to record

See Journal 5 Page 38

F. B. Sprague Probate Judge


Copy of the Will

I Frederick Jacob Liebenderfer being advanced in years in feeble health

and deeply impressed with the uncertainty of life desire to

put my house in order with all my temporal interests

& to make my last will and testament

1st I commend my Soul & spirit unto God and my

Savior Jesus Christ who has purchased me with his

own blood & has redeemed me from death to be his forever

more

2 I will & bequeath to my beloved wife Fredericka Liebenderfer

the homestead on which we now reside to be her own to

use as long as she shall live and at her death the

Same to be equally divided between the four children the

Lord has blessed us with to wit 1st William D 2 Jacob

3 Charles & 4 Wilhelmina

3 I do appoint my wife executor of this my last will

& testament made this 23rd day of May 1876

Frederick (Jacob) Liebenderfer his seal {L S}

In presence of

Wm Zimmer, Jacob Lacher, Frederick Braun,

The State of Ohio Delaware County } SS

Personally appeared in open court Fred Braun & Jacob Lacher (Zimmer

long dead) the subscribing witnesses to the last will and testament of

Jacob Liebenderfer decd who being duly sworn according to law to speak

the truth concerning the execution of said will depose and say that

the paper before them purporting to be the last will and testament of

Fredrick (Jacob) Liebendorfer now deceased is the will of the said deceased Jacob

Liebendorfer that they were present at the execution of said will at the

request of the testator subscribed their names to the same in his presence

and that they saw the said Jacob Liebenderfer sign and seal said

will and heard him declare the same to be his last will and testament

that at the time of signing and sealing said will said testator was

of legal age and of sound and disposing mind and memory and

not under any undue or unlawfull restraint whatsoever

Frederick Braun

Jacob Lacher

Sworn to and subscribed before me this 20th day of Sept 1877

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 139)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 139)

Description

[page 139]

[corresponds to labeled page 83 of Will Record Vol. 6 1876 - 1883]

83

Mary Penry's Will

September 21st 1877

On this day the last will and testament

of Mary Penry decd was presented for Probate and duly

proven as such last will and testament, and ordered recorded

See Journal 5 Page 39

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all Amen

I Mary Penry being of sound mind and memory and

being aware of the uncertainty of life and wishing to arrange

my business affairs while of sound mind do make and

publish this as my last will and testament

Item 1 I desire that all my just debts if there be any at my death and

also my funeral expenses shall be paid out of my estate

2nd I give and bequeath to my daughter Jane Jones

One Hundred dollars

3rd I give and bequeath to my daughter Catharine Davis One

Hundred dollars

4 I will and direct that the residue of my estate after

paying the debts and funeral expenses as directed in the

first item of this will and the legacies directed to be paid

to Jane Jones and Catharine Davis as directed in the second

and third of this will be equally divided between my said two

daughters Jane Jones and Catharine Davis and the children

of my son William R Penry deceased, that is to say one

third part of said residue to my daughter Jane Jones one

third part to my daughter Catharine Davis and the other

one third to be equally divided between the children of my said

son William R Penry deceased, that is to say one third

of one third to my grandson William W Penry one third

of one third to my grandson Evan Penry and one third of

one third to my grand daughter Mary Edwards

I hereby revoke all former wills or parts of wills heretofore

by me made and publish the foregoing as my last will and

testament: In witness whereof I have hereunto subscribed my

name this twenty fifth day of April A D 1876

her

Mary X Penry

mark

Signed by the above named Mary Penry and declared by her to be her

last will and testament in our presence and signed by us as witnesses

at her request in her presence and in the presence of each other on the day

and year above written David Williams

Jno. A Cone
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 140)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 140)

Description

[page 140]

[corresponds to labeled page 84 of Will Record Vol. 6 1876 - 1883]

84

Mary Penry's Will

Probate of the Will

The State of Ohio Delaware County } SS

Personally appeared in open court John A Cone one of

the subscribing witnesses (David Williams the other witness being dead)

to the last will and testament of Mary Penry deceased who being

duly sworn according to law in relation to the execution of said

will depose and say that the paper before him purporting

to be the last will and testament of Mary Penry now decd

is the will of the said deceased Mary Penry 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 her presence and that they saw the said Mary Penry decd

sign said will and head her acknowledge the same to be her

last will and testament that at the time of signing said will

she was of legal age and of sound and disposing mind and

memory and under no undue or unlawfull restraint whatsoever

John A. Cone

Sworn to and subscribed in Open Court this 21st day of Sept 1877

F B Sprague Probate Judge

============================================================


Sept 22nd 1877

Adam Stultz Will

On this day this last will and testament of Adam Stultz

decd late of Thompson Township was presented for Probate

and duly proven as such last will and ordered recorded

See Journal 5 page 40

F B Sprague Probate Judge

==============================


Copy of the Will

In the name of the benevolent father of all I Adam Stultz

being of sound mind do make and publish this my last

will and testament

Item 1st I give and devise to my beloved wife Delila Stultz in lieu of

her dower the farm on which we now reside situated in Thompson

Township Delaware County Containing about one Hundred and

twenty acres of land more or less during her natural life time and

all the stock household goods and furniture Provisions and

other goods and chattels which may be thereon or I may be

the owner of including all personal property and real estate at the

time of my decease during her natural life time as aforesaid

She however selling so much thereof as may be sufficient to

pay my just debts and further that she may sell all
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 141)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 141)

Description

[page 141]

[corresponds to labeled page 85 of Will Record Vol. 6 1876 - 1883]

85

Adam Stults Will

such personal property as may come into her hands by this will as she may

deem expedient for her own interest and our children and at

the death of my said wife Delila Stultz all the personal property

household goods and furniture & provisions and other goods and

chattels that may belong to the estate after the death of my wife

Delila Stultz, shall be sold and all of her expenses be paid the

residue if any together with the real estate shall be divided among

my heirs as hereinafter mentioned

Item 2nd I give and devise to my daughter Margaret Stultz Two

Hundred dollars as a memento for her care and kindness and

diligence to her parents to be paid to her at the division of my

estate after the decease of my wife Delila Stultz in case she

survives me, if not then at my decease

Item 3rd When my estate shall be divided after the decease of my wife

Delila Stultz in case she survives me, then my property shall be sold

and the proceeds shall be equally divided among all of my heirs

except my son Cresley Stults to whom I have heretofore assisted

in property and money therefore make no provision for him or

his heirs nor bequeath him or them nothing, and after the two

Hundred dollars is paid as mentioned in the second item then

my daughter Margaret Stults shall then be included with the

other heirs in the equal division of my estate as set forth in

the 1st Item and if I should survive my wife Delila Stults

then at the time of my decease

Item 4th I do hereby nominate and appoint my wife Delila Stults my

executor of this my last will and testament hereby authorizing

and empowering her to compromise adjust and discharge

in such a manner as she may deem proper the debts and

claims due me. I do also authorize and empower her if it shall

become necessary in order to pay my debts to sell by private sale or

in such manner upon terms of credit or otherwise if she may

think proper any part of my real estate and deeds to purchasers

to execute deeds acknowledge and deliver in fee simple

I desire that no appraisement and no sale of my personal prop-

erty be made and that the court of Probate direct the omission of the

same in pursuance of the statute. I do hereby revoke all former wills

by me made, in testimony hereof have hereunto set my hand and seal

on this the 11th day of September in the year 1876

his

Adam X Stults {Seal}

mark

Signed and acknowledged by the said Adam Stults as his last will and

testament in our presence and signed by us in his presence

Charles Hill

Lydia Hill
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 142)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 142)

Description

[page 142]

[corresponds to labeled page 86 of Will Record Vol. 6 1876 - 1883]

86

Adam Stults Will

Probate of the Will

The State of Ohio Delaware County } SS

Personally appeared in Probate Court Charles Hill

and Lydia Hill the subscribing witnesses to the last will

and testament of Adam Stults decd who being duly

sworn according to law to speak 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

Adam Stults now deceased is the will of the said decd

Adam Stults 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

Adam Stults deceased sign and seal said will and heard

him acknowledge the same to be his last will and testament

that the said Adam Stults at the time of making signing

and sealing said will was of legal age and of sound &

disposing mind and memory and not under any undue

or unlawful restraint whatsoever

Charles Hill, Lydia Hill

Sworn to & subscribed in open court this 22nd day of September

AD 1877 F. B. Sprague Probate Judge

==============================================================


Sept 21st 1877

Adam Smith's Will

On this day the last Verbal Will of Adam Smith decd

was presented and duly proven as such last [crossed out] will

and ordered admitted to record

See Journal 5 Page 41 F B Sprague

Probate Judge


Copy of the Will

The last will and testament of Adam Smith decd of Thompson

Township Delaware County Ohio as taken verbally by the under

signed witnesses

1st it is my will that my daughter Mellissa Smith is to have next

winters living out of my personal property and to have her pig

and ducks and chickens & also her cow

2 And Elmer my grandson his next winters living and one

sow and pigs out of my personal property

3 And Marrilla Gast my daughter to have one milch cow

out of my personal property

4 The rest of my property to be divided equally among all of

my children: Witness this 17th Sept } Samuel Decker

1877 } Aaron A Maize

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 143)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 143)

Description

[page 143]

[corresponds to labeled page 87 of Will Record Vol. 6 1876 - 1883]

87

John E. Davis Estate

October 9th 1877

On this day the last will and testament of John E Davis

deceased was presented and duly proved and ordered admitted

to Probate and record as such last will

See Journal 5 Page 49

F. B. Sprague Probate Judge


Copy of the Will

I John E Davis of the County of Delaware State of Ohio being

of sound and disposing mind and memory and understanding

do make publish and declare this to be my last will &

testament hereby revoking and making null and void all former

wills and testaments and writings in the nature of last wills &

testaments by me heretofore made

My will is first that my funeral charges and just debts shall be

paid by my executors 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 &

dispose thereof as follows. I give and devise to my beloved wife

Mary Davis all my household furniture I also give and devise to

my said wife Mary Davis one third of all my real estate to be

held by her during her natural life and upon her death to my

two sons John E Davis Jr and Zachariah Davis in equal propor-

tions and it is my will and desire that should my said

beloved wife Mary Davis elect to take under this will then my

two sons John E Davis Jr & Zacheriah Davis shall account for

and pay to her each year one third of all the amount of

rents and profits derived from my real estate during her life

I give and bequeath to my daughter Ann Jones Three Thousand

dollars to be paid to her by my executors hereinafter named within

two years after my death without interest

I give and bequeath all the rest and residue of my estate real &

personal & mixed of which I shall be seized and possessed as to

which I shall be entitled at the time of decease to my two

Sons John E Davis Jr & Zacheriah Davis in equal propor-

tions to have and to hold the same to their heirs executors

administrators and assigns And I do nominate and appoint

my two sons John E Davis Jr & Zacheriah Davis to be my

executors of this my last will and testament and I do hereby further

provide that my said executors shall not be required to give Bonds as such

Delaware Nov 1st 1869 John E. Davis

John H Jones

Robt D Reese

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 144)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 144)

Description

[page 144]

[corresponds to labeled page 88 of Will Record Vol. 6 1876 - 1883]

88

John E Davis Will

Probate of Will

The State of Ohio Delaware County } SS In Probate Court

Personally appeared in open court John H. Jones

& Robert D Reese the subscribing witnesses to the last will and

testament of John E Davis deceased who being duly sworn

according to law to speak the truth in regard to the execution of

said will depose and say that the paper before them purporting

to be the last will and testament of John E Davis now decd

is the will of the said deceased John E Davis 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 John E Davis deceased

sign said will & heard him declare the same to be his last

will and testament that the said John E Davis at the time

of making & signing said will was of legal age and of sound

and disposing mind and memory and under no undue or

unlawfull restraint whatsoever: John H. Jones

R D Reese

Sworn to and subscribed in open court this 9th day of Oct 1877

F B Sprague Probate Judge

===============================================================


William Warren's Will

October 12th 1877

On this day the last will and testament of William

Warren decd was presented for Probate and duly proven

and ordered recorded

See Journal 5 Page 57 F B Sprague

Probate Judge


Copy of the Will

Last will and testament of William Warren of Troy

Delaware County Ohio as follows

1st It is my will that my just debts which will be but little

if anything and my funeral expenses be fully paid

2nd To my wife Sally Jane Warren I give the farm on which

we now reside containing Thirty one acres during her life &

all personal property belonging thereon at the time of my decease

and five hundred dollars in current money to be paid her

within one year after my departure. The above bequests

except the $500 are made in agreement with and in con-

firmation of a contract made and entered into by us previous
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 145)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 145)

Description

[page 145]

[corresponds to labeled page 89 of Will Record Vol. 6 1876 - 1883]


89

William Warren's Will

to our marriage and if we have any living heir or heirs either

children or grandchildren he she or they shall inherit the premises

above bequeathed and all that may remain of personal property

at the time of the death of my wife, but if there be no such heir

or heirs at that time this estate shall be sold and the proceeds paid

in equal parts to my son Henry Warren & my daughter Eliza Fuller

3rd The money which I may possess at the time of my death which

I expect will amount to Four Thousand dollars I bequeath as

follows, to my daughter Sally Jane Warren Thirteen Hundred

dollars ($1300) and to my four sons Henry Warren Leander Warren

Milton Warren Winfield Scott Warren and my daughter Eliza

Fulton the residue in equal portions to be paid as soon as it can

be collected

4th I hereby appoint my eldest son Henry Warren to be executor of

this my last will but if by any means he should be unable to

carry it through then my youngest son Winfield Scott should be executor

of this my last will and testament:

Sept. 17. 1877. William Warren

Witness T B Williams

Sept 18th 1877

Witness J H Wise


Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open Court T. B. Williams

& J H Wise the subscribing witnesses to the last will and testament

of William Warren deceased who being duly sworn accordng to law

say that the paper before them purporting to be the last will and

testament of William Warren now deceased is the will of the

said deceased William Warren that they were present at the execution

of said will 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 William Warren deceased sign and seal

said will and heard him acknowledge the same to be his

last will and testament, that the said William at the time of

making signing and sealing said will was of legal age and of sound

and disposing mind and memory and under no undue or

unlawfull restraint whatsoever. T. B. Williams

J H Wise

Sworn to & subscribed in open court this 12th day of Oct

1877. F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 146)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 146)

Description

[page 146]

[corresponds to labeled page 90 of Will Record Vol. 6 1876 - 1883]


90

Mary Mead's Will

October 31st 1877.

On this day the Last will and testament of Mary

Mead was duly proven and ordered admitted to

Record

See Journal 5 Page 61

F. B. Sprague Probate Judge


Copy of the Will

In the name of the Benevolent Father of all, I

Mary Mead of Delaware County and State of Ohio

do make and publish this my last will and testament.

Item 1st I give and appropriate One Hundred dollars for

the purchase of a monument to be erected over my

grave and that of Martin Mead and Able Mead

Item 2nd I devise and bequeath to my Grand Son Alva R. Mead

and his heirs One Hundred dollars ($100.)

Item 3rd After paying my funeral expenses and the above

conditions have been complied with, I desire and bequeath

all the balance of my property to my three Sons,

namely, Amaziah Mead, John Mead and A. J. Mead,

to be divided equally between them.

Item 4th I do hereby nominate and appoint Amaziah Mead

executor of this my last will and testament -

I advise that no appraisement and no sale of my

personal property be made and that the court of

Probate direct direct the omission of the same in

pursuance of the Statutes -

I do hereby revoke all former wills by me made.

In testimony hereof I have hereto set my hand

and seal this Seventh day of June A.D. 1876

Mary Mead {L S}

Signed and acknowledged by said Mary Mead as her

last will and testament and signed by us in her

presence

W. C. Harris

Edwin Harris
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 147)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 147)

Description

[page 147]

[corresponds to labeled page 91 of Will Record Vol. 6 1876 - 1883]

91

Mary Mead's Will


Probate of Will

The State of Ohio } Probate Court

Delaware Co } S.S.

Personally appeared in open Court Wesley C. Harris

one of the Subscribing witnesses to the last Will and

Testament of Mary Mead, 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 him purporting to be the last Will and Testament

of Mary Mead now deceased, is the is the Will of

said deceased Mary Mead, that one

Edwin Harris was also present at the execution

of said Will, 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

her presence and that they saw the said Mary

Mead, deceased, sign and seal said Will, and

heard her acknowledge the same to be her last Will

and Testament: that the said Mary Mead, at

the time of making, signing and sealing said Will,

was of legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatsoever -

W. C. Harris

Sworn to and subscribed in open Court this 22nd day

of October A.D. 1877.

F. B. Sprague Probate Judge

The State of Ohio, Delaware County S.S.

To P.C. Beard Greeting:

Know Ye, that we, in confidence of your prudence

and fidelity, have appointed you, and by these present

do give you full power and authority to examine

and take the deposition of Edwin Harris, Subscribing

witness to the last Will and Testament of Mary

Mead hereto annexed, late of the County of Delaware

in the State of Ohio, deceased; and therefore we

command you, that at certain days appointed by

you, you cause the said Edwin Harris 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 Mary
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 148)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 148)

Description

[page 148]

[corresponds to labeled page 92 of Will Record Vol. 6 1876 - 1883]

92

Mead and that you reduce such examination to

writing, and return the same, together with this

Commission and the Will of the said Mary Mead

thereto annexed, closed up under your seal,

into our said Probate Court, with all convenient speed.


In Testimony Whereof, I, F. B. Sprague Judge

of the said Court, have hereunto set my hand and

affixed the seal of said Court, at Delaware this

22nd day of October A.D. 1877

F. B. Sprague Probate Judge

The State of Ohio Morrow County, SS.

In the matter of the last Will and testament of Mary

Mead deceased - I Edwin Harris, being duly sworn

before me a commissioner duly appointed by the Probate

Court of Delaware County Ohio this 26th day of October

A.D. 1877, depose and say that I was present at the

execution of the last will and testament of Mary

Mead of Delaware County Ohio hereunto annexed,

bearing date 7th day of June 1877: 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 each other.


Edwin Harris

Sworn to and subscribed before me, in the Probate Court,

this 26th day of October A.D. 1877

P.C. Beard

Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 149)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 149)

Description

[page 149]

[corresponds to labeled page 93 of Will Record Vol. 6 1876 - 1883]

93

William Leasure's Will

November 14th 1877

On this day the last will and testament of William Leasure

decd was presented and duly proven and ordered admitted to

Probate & Record

See Journal 5 Page 65

F.B. Sprague Probate Judge


Copy of the Will

I William Leasure of the County of Union & State of Ohio

do make and publish this my last will and testimony.

I give and bequeath to my daughter Nancy Byinger the sum of five dollars

and to my daughter Rosan Standish the sum of Ten dollars

The remainder of estate after my debts and funeral exepnses are paid

to be equally divided among my five remaining children to wit Mahaly

M Farlin, Phila May George Leasure John Leasure & William Leasure

I do hereby nominate or appoint my son George Leasure my administrator

In testimony I hereunto set my hand and seal this fourth day of

October in the year of our Lord Eighteen Hundred & seventy

his

William X Leasure {Seal}

mark

Signed and acknowledged by William Leasure as his last will and

testament in our presence, T. Liggett, {Seal} Henry Fox {Seal}


Probate of the Will

The State of Ohio Delaware County } S S

Personally appeared in open court T Ligget and Henry Fox the

subscribing witnesses to the last will and testament of William Leasure

deceased who being duly sworn according to law to speak 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 William Leasure now deceased is the will of the said

deceased William Leasure, 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

William Leasure deceased sign and seal said will and heard

him declare the same to be his last will and testament that the

said William Leasure at the time of making signing & sealing

said will was of legal age and of sound and disposing mind

and memory and under no undue or unlawfull restraint whatsoever

T Liggett, Henry Fox

Sworn to & subscribed in open court

this 14th day of Nov 1877.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 150)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 150)

Description

[page 150]

[corresponds to labeled page 94 of Will Record Vol. 6 1876 - 1883]


94

John Shafers Will


On this day the last will and testament of John

Shafer decd late of Trenton Township Delaware County

Ohio was presented and duly proven and ordered

admitted to Record

See Journal 5 Page

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the benevolent father of all

I John Shafer of Trenton Township Delaware County

Ohio do make and publish this my last will and

testament.

Item 1st I give and devise to my beloved wife in lieu of dower my

farm on which we now live situated in Trenton Township

Delaware County Ohio Containing about one Hundred and ten

acres during her natural life, and all the stock house hold

goods furniture provisions and other goods and chattels

which may be thereon at the time of my decease during

her natural life as aforesaid, she however selling so much

thereof as may be sufficient to pay my just debts

At the death of my said wife the real estate stock house hold

goods and chattles aforesaid I give and devise to my

son William Henry Shaver and his heirs provided he shall

pay unto his sister Rebecca Jane Atkinson or her heirs

One Thousand dollars in payments of Two Hundred dollars

annually: If however my said son should fail

to make the payments to his said sister according to the

above directions then and in that case my property shall

be equally divided between my said son and his said

sister or between their heirs: I do hereby revoke all former wills

by me made: In testimony hereof I have hereunto set my

hand and seal this 1st day of June A.D. 1869.

John Shaver {Seal}

Signed and acknowledged by said John Shaver as his last

will and testament in our presence and signed by us in

his presence John Deitrick

F.B. Sprague
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 151)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 151)

Description

[page 151]

[corresponds to labeled page 95 of Will Record Vol. 6 1876 - 1883]

95

John Shaver's Will

Probate of Will

The State of Ohio }

Delaware County } SS

Personally appeared in open court John Derthick

& F B Sprague the subscribing witnesses to the last will and testament

of John Shaver who being duly sworn according to law to speak

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 John Shaver decd is the will of the said deceased

John Shaver, 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 John Shaver

deceased sign and seal said will and heard him acknowledge

the same to be his last will and testament & that the said

John Shaver at the time of signing and sealing said will

was of full age and of sound and disposing mind and

memory and not under any undue or unlawfull restraint

whatsoever John Derthick

F. B. Sprague

Sworn to in open court this 19th day of Dec' 1877.

before me.

B. C. Waters Deputy Clerk Probate Court
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 152)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 152)

Description

[page 152]

[corresponds to labeled page 96 of Will Record Vol. 6 1876 - 1883]

96

Sarah Eversole's Will

January 5th 1878

On this day the last will and testament of Sarah

Eversole decd was presented and duly proven and

ordered admitted to Probate & Record

See Journal 5 Page 90

F B Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all I Sarah Eversole

being of sound mind and memory and acknowledging the

uncertainty of Human life do make and publish this

my last will and testament


1st It is my will that all my just debts and funeral expenses be paid

2nd I give will and bequeath to my friend Mrs Mary Freese

one Hundred dollars provided she shall survive her present

husband Isaac Freese

3rd I give and bequeath unto the Home Frontier & Foreign

Missionary Society of the United Brethren in Christ organized

by the several conferences of said church May 20 1854 and

incorporated in Butler County Ohio Sept 23rd 1854 the sum

of Two Hundred dollars and the receipt of the Treasurer of

the society shall be a sufficient discharge therefor to my executor

4th The remainder of my property of all kinds after the above

bequests are paid to be equally divided between my surviving Brothers

and Sisters

5th I hereby appoint W T Watson my executor.

In Testimony whereof I have hereunto set my hand and

seal this 15th day of June A D 1876

Sarah Eversole {Seal}

Signed by us at the request of the testator and by us signed in her presence and

in the presence of each other Martha B Watson & Rachael Smith


The State of Ohio Delaware County } SS Personaly appeared in open court Martha

C Watson & Rachael Smith the subscribing witnesses to the last will & testament of
Sarah Eversole deceased

who being duly sworn according to law to speak the truth in relation to the exe-

cution of said will depose and say that the paper before them purporting to be

the last will and testament of Sarah Eversole decd is the will of the said deceased

Sarah Eversole 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 her presence &

that they saw the said Sarah Eversole deceased sign and seal said will and heard

her acknowledge the same to be her last will and testament that the said

Sarah Eversole at the time of making signing & sealing said will was of legal

age and of sound and disposing mind and memory and under no undue or

unlawfull restraint whatsoever

Martha C Watson

Rachael Smith

Sworn to & subscribed in open Court this 5th day of January A D 1878

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 153)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 153)

Description

[page 153]

[corresponds to labeled page 97 of Will Record Vol. 6 1876 - 1883]

97

Alice L Decker's Will

Dec 24th 1877

On this day the last will and testament of Alice L

Decker decd was presented and duly proven as the

last will and testament of the said Alice L Decker

and ordered admitted to record

See Journal 5 Page 80

F. B. Sprague Probate Judge


Copy of the Will

In the name of the Benevolent Father of all I Alice L Decker

of sound mind and memory do make and publish this my

last will and testament

Item 1st I give and bequeath to my youngest daughter Ada J Decker

my Gold watch.

Item 2nd I give and bequeath to my daughter Ada E Becker

my organ it being a present from my father and designed

especially by him for her.

Item 3rd I do give and bequeath to my son Elmer E. Decker the

sum of fifty dollars over and above his equal share in

my estate, to be paid to him by my executor when he arrives

at the age of sixteen years, to make him equal with the girls, as

I have no special thing to give him.

Item 4th I do hereby request & direct my Executor to give to

each of my three children (or to persons who may have

charge of them) in trust for them one good bed & bedding

for the same, and the balance of my personal property I

desire to have appraised & sold and the money arising

therefrom after paying my just debts (if any) paid to the

Gaurdian of my children and divided equally between

them as they may require it.

Item 5th I desire and direct that the Guardian of my children

Keep and hold my real estate in Sunbury until

my son Elmer E Decker arrives at the age of Twenty

one years unless in the opinion of said Gaurdian he

can sell real estate for about its real value or

unless it be comes necessary to sell real estate before

that time in order to support and educate said

children and when said real estate is sold, it is

my will and I do hereby direct the Guardian of my children

to divide the proceeds of the same equally between my three

children and pay the same to them when and as they

respectively come of age.

Item 6th I do hereby nominate and appoint my esteemed friend
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 154)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 154)

Description

[page 154]

[corresponds to labeled page 98 of Will Record Vol. 6 1876 - 1883]

98

Alice L. Decker's Will


Burton Moore of Sunbury Guardian of my children & enjoin

him to give them a good English education and rear them in habits

of industry.

Item 7th I do hereby nominate and appoint Mr A.P. Taylor Executor of

this my last will and testament hereby authorizing and

empowering him to Compromise, Adjust, release and Discharge in

in such manner as he may deem proper the debts & claims due me

Item 8th It is my will and I do hereby direct that my clothing be

divided between my two girls and all the family pictures

& trunks be divided among the three children and my Saratoga trunk

I desire for Elmer and I do further direct my executor to

request Mrs Burton Moore and Mrs James Smith to make and

assist in such division of my clothing and pictures as they

may think right and proper.

Item 9th I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

and seal this twenty first day of February A.D. 1876

A.L. Decker {Seal}

Signed and acknowledged }

by said Alice L Decker }

in our presence and }

signed by us in her presence }

R. D. Robinson }

Loia A Gammill


Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court R.D. Robinson one of subscribing witnesses

to the last will & testament of Alice L Decker decd who being duly sworn according

to law to speak the truth in relation to the execution of said will deposes & says that the

paper before him purporting to be the last will & testament of Alice L Decker decd

is the will of the said deceased Alice L Decker, That he and Loia A Gammill (now

Barbour) were present at the execution of said will at the request of the testatrix

subscribed their names to the same as witnesses in her presence and that

they saw the said Alice L Decker deceased sign and seal said will &

heard her acknowledge the same to be her last will and testament that

the said Alice L Decker at the time of making signing & sealing said will

was of legal age and of sound & disposing mind & memory & not

under any undue or unlawfull restraint whatsoever

R. D. Robinson

Sworn to in open Court this 15th day of December 1877

before me F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 155)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 155)

Description

[page 155]

[corresponds to labeled page 99 of Will Record Vol. 6 1876 - 1883]

99

Alice L. Decker's Will

Commission to take testimony of Witness to Will


The State of Ohio Delaware County } SS

To R. D. Robinson Greeting

Know ye, that we in

Confidence of your prudence & fidelity have appointed you and by

these presents do give you full power & authority to take the deposition

of Loice A Gammill (now intermarried with A Barbour) subscribing

witness to the last will & testament of Alice L Decker hereto annexed

late of the County of Delaware in the State of Ohio decd and therefore

we command you that at certain days & places appointed by you

you cause the said Loia A Gammill (now Barbour) to be brought

before you & then and there to examine her on oath or affirmation

first taken before you touching the due execution of said will of the

said Alice L. Decker and that you reduce such examination

to writing and return the same together with this Commission and the

will of the said Alice L Decker thereto annexed closed up under

seal into our said Probate Court with all convenient speed

In testimony whereof I F B Sprague Judge of the said court

have hereunto set my hand and affixed the seal of said court at

Delaware this 15 day of December 1877

{Seal} F B Sprague Probate Judge


The State of Ohio Delaware County } SS

In the matter of the last will and testament of Alice L Decker decd

I Loia A Gammill (now Barbour) being duly sworn this 22nd day of

December A D 1877, before me a commissioner duly appointed by the Probate

Court of Delaware Ohio depose and say that I was present at the execution

of the last will and testament of Alice L. Decker of Sunbury Ohio hereto

annexed bearing date 21st day of February 1876 that I saw the said

testator subscribe said will and heard her publish and declare the

same to be her last will and testament & that the said testator

at the time of executing the same was of full age and of sound

mind and memory and not under any restraint & that I signed

the same as witness at her request & in her presence and in the

presence of each other & that R D Robinson was also present &

signed said will in my presence & the presence of the testatrix

& at her request Loia A Barbour

Sworn to & subscribed before me this 22nd day of December 1877

R. D. Robinson

Commissioner

{Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 156)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 156)

Description

[page 156]

[corresponds to labeled page 100 of Will Record Vol. 6 1876 - 1883]

100

Martha Ann Strain's Will

January 9th 1878

On this day the Last Will & Testament of Martha Ann Strain

was presented and duly proven and ordered admitted to

Probate & Record

See Journal 5 Page 92

F B Sprague Probate Judge


Copy of the Will

In the name of the benevolent father of all: I Martha Ann Strain

of Delaware Delaware County Ohio being possessed of sound

mind and memory do make and publish this my last will

& testament: at about the age of Thirteen years old I went to live

with my Grandfather Daniel Morris Cowgill and continued in

his service for about ten years for which he agreed to give me

as a reward for my services the sum of One Thousand dollars at

his decease. The above one thousand dollars willed to me by

my Grandfather Daniel Morris Cowgill I desire & will to be

disposed of in the following manner to be paid over into the hands

of my executor of this my last will and testament hereafter

named in this instrument and by him disposed of as I may

hereafter direct, also any other money belonging to me from the

estate of the said Daniel Morris Cowgill being an equal share of

the other grand children

1st It is my will that all my just debts and all charges be paid

out of my estate

2nd That all the residue of my money willed to me by my Grand

father Daniel Morris Cowgill which is one Thousand dollars

be equally divided between my dear Husband Silvanus L. Strain

and my dear mother Nancy Heller after discharging the

aforesaid debts

3rd My Gold watch and my Bureau I give to my sister Clara

L Heller

4th My bed and bedding to be divided between my sister Clara

L Heller & my brother Martin equally

5th My Blue & white bed quilt I give to my mother Nancy Heller

6th I do hereby nominate and appoint Carr M Mallette executor of

this my last will & testament hereby authorizing and empowering

him to compromise adjust and discharge in such manner as he

may deem proper the debts & claims due me

7th I also 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
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 157)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 157)

Description

[page 157]

[corresponds to labeled page 101 of Will Record Vol. 6 1876 - 1883]


101

Martha Ann Strain's Will


In testimony hereof I have hereunto set my hand and seal this

24th day of December in the year 1877

Mrs Martha Ann Strain {Seal}

Signed and acknowledged by said Martha Ann Strain as her last

will & Testament in our presence and signed by us in her presence

James D Finley }

Rebecca J Finley } Witnesses


Probate of the Will


The State of Ohio Delaware County } SS

Personally appeared in open court James D Finley & Rebecca

Finley the subscribing witnesses to the last will & testament of

Martha Ann Strain deceased who being duly sworn according to

law to Speak the truth in relation to the execution of said will

depose and say that the paper before them purporting to be the last

will & testament of Martha Ann Strain now deceased is the will of

said deceased Martha Ann Strain, including the words "also any other

money belonging to me from the estate of the said Daniel Morris Cowgill

being an equal share of the other children" in the first line which

words are written in ink of a different color from the remainder of the

will & also the words "Sylvanus L Strain" in the second line of said

which words were written in said will before the signing thereof & also

"24" in the testimony: 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 her presence and that they saw the said Martha Ann Strain

decd sign and seal said will and heard her acknowledge the same

to be her last will and testament that the said Martha Ann Strain

at the time of making signing & sealing said will was of legal age and

of sound and disposing mind and memory and under no undue or

unlawfull restraint whatsoever

Jas D Finley

Rebecca Finley

Sworn to & subscribed in open court this

9th day of January A D 1878

F.B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 158)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 158)

Description

[page 158]

[corresponds to labeled page 102 of Will Record Vol. 6 1876 - 1883]

102

Adam Haas' Will

January 19th 1878

On this day the last will and testament of Adam Haas deceased

was presented and duly proved and ordered admitted to Probate

and record

Journal 5 Page 96

F.B. Sprague

Probate Judge


Copy of the Will

I Adam Haas of the county of Delaware and State of Ohio

being of sound full age and sound mind and memory and

understanding do make and publish this my last will & testament

hereby revoking all wills & testaments or instruments in the nature of

last wills and testaments by me heretofore made. My will is

1st That all my just debts funeral expenses and the costs of executing

this my last will be paid

Item I give and devise to my beloved wife the farm on which we now

live situated in Delaware Township Delaware County Ohio during her

natural life and all the stock goods & chattels during her natural

life as aforesaid & this I do in Lieu of her dower, at the death

of my said wife the real estate aforesaid and the personal property

then remaining I give and devise & bequeath to my son Michael

Haas and his heirs

Item It is my will that my said son Michael shall pay to each of my

sons Joseph, Volantine John, & George the sum of fifty dollars and

also the sum of fifty dollars to the children of my deceased

daughter Autumn Catharine Bader, said sum of fifty dollars

to be equally divided between them, and should any of my sons die before

myself and wife then it is my will that said legacy of fifty dollars

shall be paid to their children should they die leaving issue and

further that said legacies shall be paid as follows, one half to

be paid within six months and the remainder within one year

after my decease

In testimony whereof I have hereunto set my hand & seal this 7th

day of December A D 1875 Adam Haas {Seal}

Signed and acknowledged by Adam Haas as his last will

and testament in our presence and signed by us in his presence

and at his request

C H. McElroy

Albert Worline
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 159)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 159)

Description

[page 159]

[corresponds to labeled page 103 of Will Record Vol. 6 1876 - 1883]

103

Adam Haas' Will

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court Charles McElroy & Albert Worline

the subscribing witnesses to the last will and testament of Adam

Haas decd who being duly sworn according to law to speak 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

Adam Haas now deceased is the will of said deceased Adam Haas

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 Adam Haas deceased sign and

seal said will and heard him acknowledge the same to be his last

will and testament, that the said Adam Haas at the time of making

signing & sealing said will was of legal age and of sound and

disposing mind and memory and under no undue or unlawfull

restraint whatsoever C. H. McElroy

Albert Worline

Sworn to and subscribed in open court this 19th day of Jan 1878

Before me

F. B. Sprague Probate Judge
____________________________________________________________________________


John Kirkland's Will

In the name of the Benevolent Father of All I John

Kirkland of Scioto Township, County of Delaware

State of Ohio, Do make and publish this my last

will and Testament

Item 1st

I give and devise to my beloved wife Mary

J. in lieu of her dower the farm on which we now

reside, situate in Scioto Township Delaware County

Ohio containing about Eighty Five Acres of land during

her natural life provided she should remain my Widow

In the event of either then my legal heirs are made & equal

in the distribution of my estate.

And all the stock house hold goods, furniture provisions

and other goods and chattles which may be thereon

at the time of my decease, during her natural life

or so long as she remains unmarried,

Item 2.

I do hereby nominate and appoint my beloved wife

guardian of our two youngest children, Georgie and Louie

until they arrive at the age of fourteen years
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 160)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 160)

Description

[page 160]

[corresponds to labeled page 104 of Will Record Vol. 6 1876 - 1883]

104

John Kirkland's Will

Item 3

I do nominate and appoint D.G. Cratty executor of

my Last Will and Testament hereby authorizing him

to do and perform such things as would be to the best

interest of all those concerned and pay all my

Just Debts, out of moneys or sell property if necessary

to do the same either at public or private sale

I desire that no appraisement and no sale of my

personal property be made and that Court of

Probate direct the omission of the same in

pursuance of the Statute I hereby revoke all former

will by me made.


In Testimony thereof I have here to set my Hand and

Seal this Ninth day of Feb'y in the year 1878.

John Kirkland,


Signed and acknowledged by John Kirkland, as

his last will and testament in our presence and

signed by us in his presence

A. J. Robinson

A. W. Robinson

Died February 11th 1878.


The State of Ohio Delaware County } SS


Personally appeared in open Court A. J. Robinson

A. W. Robinson the subscribing witnesses to the last

will and testament of John Kirkland Deceased

who being duly sworn according to law to speak the

truth the whole truth, this 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 John Kirkland, now decd

is the will of said deceased John Kirkland. That they

were present at the execution of said Will at the request

of the testator subscribed their names as witnesses to the

same in his presence and that they saw the said John

Kirkland deceased sign and seal said Will and

heard him acknowledge the same to be his last will

& testament that the said John Kirkland at the time

of making signing and sealing said Will was of legal
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 161)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 161)

Description

[page 161]

[corresponds to labeled page 105 of Will Record Vol. 6 1876 - 1883]

105

John Kirkland's Will

Age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever,

A. J. Robinson

A. W. Robinson

Sworn to and subscribed this 2nd day of March

A.D. 1878

F. B. Sprague




Isaac Zimmerman Will

I Isaac Zimmerman of the City of Delaware in the

County of Delaware and State of Ohio farmer - Declare

This to be my last Will and Testament

First

I give and bequeath to my wife Martha Ellen Zimmerman

the use of all my personal property, house hold furniture

books and other chattles and effects together with

housekeeping provisions and other consumable stock,

which at my decease be in or about my dwelling

house at Delaware, so long as she shall remain a

Widow. -

Second,

I give and bequeath to my wife so long as she

shall remain a Widow and up to the Time that my

Daughters Lillie May, and Effie Jane Zimmerman,

shall become Eighteen years of age, the use of all the

Real Estate of which I may be possessed at the

time of my decease.

Third

I give and bequeath in equal parts all the Real

Estate of which I may die seized subject to my

Wife if she remain my Widow and to my two

Daughters above named when they shall respec-

-tively become Eighteen years of age

Fourth

I give and bequeath to my beloved Daughter

Lillie May my family Bible

I hereby appoint my wife Martha Ellen Zimmerman

sole executrix of this Will revoking all former Wills

by me made. And I desire that no bond be required

of her for the faithful performance of this trust
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 162)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 162)

Description

[page 162]

[corresponds to labeled page 106 of Will Record Vol. 6 1876 - 1883]

106

Isaac Zimmerman, Will

In Witness whereof I Isaac Zimmerman, have to

to this my last Will and Testament

sheet of paper, subscribing my name and set

my seal this 25th day of January A. D. 1877.

F. W. Morrison

Henry G Shelden.

Subscribed by the Testator in the presence of each of

us and at the same time declared by him to us

to be his last will and testament and therefore we at

the request of the testator in the presence of the

the Testator and in the presence of each oher sign

our names hereto as witnesses this 25th day of January,

A.D. 1877 at Delaware Ohio.

F. W. Morrison

H. G. Sheldon,

The State of Ohio Delaware County } SS. Probate Court,

Personally appeared in open court F. W. Morrison and X

H. G. Shelden the subscribing witnesses to the last

Will and Testament of Isaac Zimmerman decd 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 Isaac Zimmerman now decd is the Will

of said deceased Isaac Zimmerman, that they were

present at 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 Isaac

Zimmerman, deceased, sign and seal said Will and

him acknowledge the same to be his last Will and

Testament; and that the said Isaac Zimmerman at

the time of making signing and sealing said Will

was of legal age and of Sound and disposing mind

and Memory and under no undue or unlawful

restraint whatsoever

F. W. Morrison

H. G. Sheldon,

Sworn and subscribed in open court this 19th day

of February A.D. 1878.

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 163)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 163)

Description



[page 163]

[corresponds to labeled page 107 of Will Record Vol. 6 1876 - 1883]

107

Martha O Bard's Will

I Martha Olivia Bard of the Township of Orange

in the County of Delaware and State of Ohio being

of sound mind and memory and considering the

uncertainty of this frail 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, I give bequeath and dispose of as

follows, To wit

To my Nephew and Niece children of

my Brother Isaac Bard whose respective names are

Mary Agnes, Bard Elizabeth Johnson Bard David

Humphrey Bard and Rowanna Bard The same

to be equally divided between them or such of

them as may be living at the time of my death

Likewise I make constitute

and appoint my friend Robert McKinnie of

Radnor Township Delaware County Ohio to be

executor of this my last Will and Testament here

by revoking all former Wills by me made

In witness whereof I have here unto subscribed

my name and affixed my seal, the nineteenth day

of March Eighteen Hundred and fifty nine, A. D. 1859.

Martha O Bard,

The above written instrument was subscribed by

said Martha Olivia Bard in our presence and

acknowledged by her to each of us and she at the

time published and declared the above instru-

ment so subscribed to be her last will and

Testament and we at the testatrix request and

in her presence signed of our names as witnesses

here to and written opposite our names our respective

places of residence

A. M. Fuller Orange Township Del Co Ohio

Wm B McKinnie Del Co Ohio

Sarah A McKinnie,


State of Ohio Delaware County } SS

In the matter of

the last Will and testament of Martha O. Bard decd

We William M. Fuller and William B McKinnie

and being duly sworn in open court this
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 164)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 164)

Description

[page 164]

[corresponds to labeled page 108 of Will Record Vol. 6 1876 - 1883]

108
Martha O. Bard's Will

7. day of March A.D. 1878, depose and say

that we were present at the last execution of the

last will and testament of Martha O Bard, of

Orange Township Delaware County Ohio here unto

annexed bearing date 19 day of March 1859, 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 test=

=ator at the time of executing the same 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. The

said Sarah McKinnie

A. M. Fuller

Wm B. McKinnie

Sworn and Subscribed before me in the Probate

Court This 7th day of March

F. B. Sprague

Probate Judge


William Cook's Will

Know all men by these Presents: That

I William Cook of Norton in the County

of Delaware and State of Ohio, farmer, being

of sound and disposing mind and memory

do make and publish this my last Will and

Testament.

First,

I give and bequeath to a beloved boy Cornelius

Francis Wheeler, son of Almira Cunningham late

Almira Wheeler of Elbridge Gurry Green now residing

near Delhi in Delaware County Ohio, Two thou=

sand dollars to be placed in the hands of trustee:

Said Two thousand dollars is to be put to interest

the interest accruing from said Two thousand

dollars to be applied with so much of the principal

as may be necessary for the Education of the said

Cornelius Francis Wheeler the residue of said

Two thousand dollars if any, with the interest
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 165)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 165)

Description

[page 165]

[corresponds to labeled page 109 of Will Record Vol. 6 1876 - 1883]

109

William Cook's Will

To be given to the said Cornelius Francis

Wheeler, when he arrives at the age of twenty

five years, the Education of the said Cornelius

Francis Wheeler to extend no further then as

qualification for the Legal or commercial

profession or Ministerial as he may choose &

I further order and direct that at my decease all

of my Estate both Real and Personal be sold

money collected and with what money may

be on hand at my death after deducting the

Two thousand dollars and appropriated as directed

on Page (1) the balance or residue of the money to be

divided equally among the following named

persons Diana Wagner and Lovina Younce

Daughter of my Sister late Mary Cook Cath=

arine Shaffer Isabel Menear Calvin Level

Cinthe husbands not known, and Lewis T. Cook

children of my brother Thomas Cook now decd

My request is that the court appoint executors

to this my last Will and Testament

I writing

Whereof I the said William Cook set my

hand and seal hereunto this 29th day of Aug=

=ust 1876.

William Cook {Seal}

West Virginia

County Court Clerks office Ritchie County

Sept 10th 1877.

A writing purporting to be the

last will and Testament of William Cook

deceased was this day produced before me

in my office (the Circuit or County Court, neither

being in session) and it appearing by the

evidence of Wm H Douglass and J M. Wilson

that the said Will together with the signature there

to is in the hand writing of the decedent William

Cook Whereupon said Will is admitted to Probate

and ordered to be recorded

Testr G. W. Amos, Clerk

State of West Virginia } SS.

I G W. Amos Sel Clerk of the Court of Ritchie

County in the State aforesaid certify that the fore

going is a true copy of a writing purporting to be the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 166)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 166)

Description

[page 166]

[corresponds to labeled page 110 of Will Record Vol. 6 1876 - 1883]

110

William Cook's Will

Last Will and Testament of William Cook deceased

together with the order admitting the same to

probate, admitted to record this 10th day of Sept

A.D. 1877.

Teste G W Amos Clerk

State of West Virginia County of Ritchie: to wit

I G. W. Amos Clerk

of the County Court of said county do certify that the

foregoing is a true and correct copy of the last Will

and testament of William Cook deceast, together

with the order thereto attached, as the same is of record

in my office. In witness whereof I hereunto set

my hand and seal of said court this Seventh

day of March 1878.

G. W. Amos Clerk

County Court Ritchie Co. W Va


Icabod Cole's Will

In the name of the Benevolent Father of all I,

Icabod Cole, of the county of Delaware and

State of Ohio do make and publish this my last

Will and testament on the Twenty fifth day of

February in the year of our Lord One Thousand

Eighteen hundred and seventy six.

Item 1. I give and devise to my son Icabod Cole all

my property both real and personal for the

care he has taken of me and will as long as

I live if he survives me

Item 2nd I give this property to my said son Icabod Cole

on condition that he is still to take as good care

of me during the remainder of my life, as he has done

here to fore

Item 3rd I give and devise to my son in law, Isaac Harding

whatever he may owe me at the time of my

death

Item 4th I do hereby appoint George Stoker my sole executor

of this my last will and Testament revoking all

former wills by me made.

In testimony whereof I have

here unto Set my Hand and Seal this Twenty Fifth day

of February A. D. 1876

Signed Sealed and acknowledged by
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 167)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 167)

Description

[page 167]

[corresponds to labeled page 111 of Will Record Vol. 6 1876 - 1883]

111

Icabod Cole's Will


Said Icabod Cole as his last Will and testament

In our presence, and signed by us in his presence

Lewis Benton

Henry Cullins

State of Ohio Delaware County SS.

Probate Court

Personally appeared in open Court Henry B

Cullins, Lewis Benton the subscribing witnesses to the

last Will and Testament of Icabod Cole 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 Icabod Cole now deceased is the Will of

said deceased Icabod Cole, that they were present

at the execution of said Will at the request of

the Testator subscribed the names as witnesses

to the same, in his presence and that they saw

the said Icabod Cole deceased to sign and seal

said Will and heard him acknowledge the

same to be his last will and testament: that the

said Icabod Cole at the time of making signing and

sealing said Will was of legal age, sound and

disposing mind and memory and under no

undue or unlawful restraint whatsoever.

H. B. Cullins

Louis Benton.

Sworn and Subscribed in

open Court this 7th day of February A.D. 1878.

F. B. Sprague

Probate Court
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 168)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 168)

Description

[page 168]

[corresponds to labeled page 112 of Will Record Vol. 6 1876 - 1883]

112

Sargent Shaw's Will

Know all men by these presents that I Sargent

Shaw of the Township of Genoa in the county of Delaware

and state of Ohio Farmer: Considering the uncertainty

of this life and being of sound mind and memory do

make, declare and publish this my last Will and test-

ament.

First I give and bequeath unto my beloved wife Jane Shaw

the use, improvement, and income of my dwelling house

Lands and their appurtenances, situated in Genoa

Township Delaware County Ohio to have and hold the

same to her, while she remains my widow

Second I give and bequeath to my son George Shaw Five

Dollars to be paid him by my executor herein after men=

-tioned

Third I give and bequeath to my Daughter Almira Denman

her heirs Ten Dollars each to be paid when my

widow has done with my property

Fourth I give and bequeath to my daughter Phoeba

Dusenbury One Hundred dollars to be paid when my

widow has done with my property.

Fifth I give and bequeath to my son Daniel N Shaw

Five Hundred dollars to be paid when my widow

has done with my property

Sixth I give and bequeath to my Daughter Mary Jane

Shaw Five Hundred dollars to be paid when my widow

has done with my property.

Seventh I give and bequeath to my sons, Sidney Shaw

Emery Shaw, Nelson Shaw, Howard Shaw and

Daniel Shaw and my daughter Mary Jane

Shaw what remains after paying what I have

herein mentioned, this remainder to be equally

divided between the six named persons in this

seventh bequest.

Eight I do nominate and appoint my son Daniel

Shaw to be the Executor of this my last will and

testament

State of Ohio Delaware County } SS.

In the

Probate Court at Delaware in and for said County

on the twentieth 20th day of March 1878

Testimony in proof of the

last Will and testament of Shargent Shaw in

said County deceased, We L.C. Linabury D.W.


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 169)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 169)

Description

[page 169]

[the following was pasted onto the bottom of the previous page 112]

* In testimony whereof I have to this my last will

and testament contained on this sheet of paper

subscribed my name and set my seal this 5th

day of January in the year of our Lord One

Thousand Eight Hundred & Seventy Eight

Sargent Shaw {LS}

Signed, sealed declared and published by the said

Sargeant Shaw as and for his last will and testament

in presence of us at his request and in his presence

and in presence of each other have subscribed their

names

L C Linabury

D W Coble
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 170)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 170)

Description

[page 170]

[corresponds to labeled page 113 of Will Record Vol. 6 1876 - 1883]

113


Coble being duly sworn in open court on the day

& year aforesaid depose and say that the testator signed

the foregoing last will in our presence and that he

called upon us to witness the same as his last will

and that we in his presence signed the same as

such witnesses, and we on our oath further say

that the testator at the time of executing said

Will was of full age of sound disposing mind and

memory and was not under any restraint

L.C. Linabury

D.W. Coble.

Sworn to and subscribed before me this 10th

day of March A.D. 1878

F.B. Sprague, P. Judge

by B.C. Waters Deputy,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 171)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 171)

Description

[page 171]

[corresponds to labeled page 114 of Will Record Vol. 6 1876 - 1883]

114

Oliver Stark's Will

April 7th 1878

On this day the last will and

Testament of Oliver Stark deceased was presented for and

duly admitted to Probate and Record See Journal 5

Page 162

F. B. Sprague

Probate Judge.


Copy of the Will

I Oliver Stark in the County of Delaware and

State of Ohio do make and publish this my last will and

testament revoking all other wills by me made

1. It is my will That all my just debts be truly paid

2nd I give unto my wife Eliza Stark and unto my son

John Joseph all my Farm in Kingston Township. Also

Sixty Seven acres in Porter Township on the North side

of the County road running East and West through my Farm

also ten acres taken from M Bassed farm it being Forty

Square Rods My wife having the rest of One third of said

farm during her natural life Also the rest of One Third

of all my money & credits My son John Joseph Stark

shall one half of the Stock on the farm at my death

$400.00 to buy a set of tomb stones for me and his school-

ing.

Item 3rd I give unto my son Septer Stark, To my Daughter Mary

and to my Daughter Angeline, One Hundred acres to

be equally divided between the 3 last named children

It being the Stephens farm in Porter Township The balance

of my cash notes shall be equally divided between my

three last named children.

One year after my Death Alice Wilcox shall be paid

$300.00 Porter Wilcox shall have $300.00 Oliver Shall have $200.00

Cornell Wilcox shall have $200.00 Sabine Wilcox shall have

$200.00 all of the five last named sons shall be paid when

they become twenty one years of age and not before If either

of them shall die the one money shall be equally divided

between the balance of children, the money shall be paid by each *

[the following is written up along the left side of page]

* One of my last named children

It being $333.00 1/3 each

My house furniture at the death of my wife One half

shall be Equally given to my last named children

Three in number. The other half shall belong to my

son John Joseph, my Farming tools shall belong to my son
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 172)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 172)

Description

[page 172]

[corresponds to labeled page 115 of Will Record Vol. 6 1876 - 1883]

115

Oliver Stark's Will

Set my hand and Seal

Oliver Stark {Seal}

In presents of us

John Beacon,

Who at my request have L A

Harrison sign the same as witnesses

Kingston March 5th 1873.

Thereof Shall be no letters of Administration taken out there shall

be bail given to pay my Debts March 8th 1873

John Beacon Witness Oliver Stark.

L A. Harrison.

The State of Ohio Delaware County } ss.

In Probate Court at Delaware

in and for said County on the 17th day of April 1878

Testimony in proof of the last Will

and Testament of Oliver Stark late of the Township of

Porter in said County deceased

We John Beacon and L A Harrison being

duly sworn in open court, on the day and year aforesaid

depose and say that the said Testator signed the fore

going last will in our presence and that he called upon

us to witness the same as his last Will and that we in his

presence signed the same as such witnesses, and we on

our oaths further say that the said testator at the time

of executing said will was of full age of sound disposing

mind and memory and was not under any restraint

John Beacon

L A Harrison

Sworn to and subscribed before me this Seventeenth day

of April AD. 1878

F B Sprague Probate Judge.

By B C Waters, Deputy,


Codicil to the Will

September 15th 1877.

Codicil to my last will and testament.

I Oliver Stark

of the county of Delaware and State of Ohio Seventy acres

of land in Porter the east part of Lot 87 and also lots 41

and 42 & 92. 93 94 & 95 in the village of Olive Green in

Porter Township Delaware County Ohio Except twenty 4 feet

off from the East side of Lot 42 which was sold to

Morehouse Bros the above discribed property is to be
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 173)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 173)

Description

[page 173]

[corresponds to labeled page 116 of Will Record Vol. 6 1876 - 1883]

116

Oliver Stark's Will

divided equally between my son Septer Stark and

my daughter Angeline Waldron and my daughter

Mary Sherman

Oliver Stark

In presence of us who at my request have signed

the same as witnesses

J. P. Harrison

J. W Morehouse

The State of Ohio Delaware County ss

In the Probate Court at

Delaware in and for said County on the Seventeenth day

of April 1878

Testimony in proof of the Codicil to the last Will

and Testament of Oliver Stark late of the Township of

Porter in said County deceased, We J P Harrison and

J.W. Morehouse being duly sworn in open court on the day

and year aforesaid depose and say that the said Test=

=ator signed the foregoing codicil to the last will and

in our presence and that he called upon us to witness

the same as his last will and testament and that

we in his presence signed the same as such as

witnesses and we on our oath further say that the

said testator at the time of executing said will was of

full age of sound disposing mind and memory and was

not under any restraint.

J. W. Morehouse.

Sworn to and subscribed before me this 7th day of

April A.D. 1878

F. B. Sprague

Probate Judge,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 174)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 174)

Description

[page 174]

[corresponds to labeled page 117 of Will Record Vol. 6 1876 - 1883]

117

Catharine Schickendance's Will

April 22nd 1878

On this day the last will and testament of Catharine

Schickendance was presented and duly admitted to

probate and Record. See Journal 5 page 153.

F B Sprague

Probate Judge

Copy of Will

I Catharine Schickendance of

the city and county of Delaware and State of Ohio do make

and publish this my last will and testament.

Item 1.

I give and devise to my son Joseph Wesley Schickendance

his heirs and assigns forever the following Real Estate Situate

in the said county of Delaware to wit: In lot number two

Hundred and ninety one (old numbering Situated in what

is known as Andrews & Richardson addition to the town

of Delaware called in the deed to me South Delaware Said

Lot has been renumbered deed is now number Eight

Hundred and ninety Two. And is the lot conveyed by

Hiram G. Andrews and wife to William Essig and by

be me.

I constitute and appoint said Joseph Wesley

Schickendance executor of this my will

In testimony

whereof I hereto set my Hand and seal declaring this

and none other to be my last will and testament

Catherine Schickendance.


Subscribed in our presence by Catharine Schickendance. And

by her declared as her last will and testament and by

us subscribed as witnesses in her presence at her reqeuest

This 18th of March 1878

H. C. Godman

J. J. Glover.

State of Ohio Delaware County } ss

In Probate Court at Delaware

in and for said County on the 22nd day of April 1878.

Testimony

in proof of the Last Will and testament of Catharine C

Schickendance late of the in said County

deceased. We J.J. Glover and H.C. Godman being duly

sworn in open court in the day and year aforesaid depose

and say that the testator signed the foregoing last
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 175)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 175)

Description

[page 175]

[corresponds to labeled page 118 of Will Record Vol. 6 1876 - 1883]

118

Catharine Schickendance' Will

Will in our presance and that she called upon us

to witness the same as her last will and that we

in her presence signed the same as such witnesses.

and we on our oaths further say that the said testa-

trix at the time of executing said will was of full

age of sound disposing mind and memory and under

no restraint

J.J. Glover

H.C. Godman.

Sworn to and subscribed before me this 22nd day of

April A.D. 1878

F. B. Sprague

Probate Judge



Daniel T Sharp's Will

April 11th 1878.

On this day the last will and testament of

Daniel T Sharp was duly admitted to probate and

Record

F B Sprague

Probate Judge.

Know all men by these presents

That I Daniel T Sharpe of Delaware County State of Ohio

being in Sound mind and memory do make and publish

This my last will and testament hereby revoking all

Former wills at any time by me hereto fore made

And as to my Worldly Estate and all the property Real

personal or mixed of which I shall die possessed or to

which I may or shall be entitled to at the time of my

decease, I devise bequeath and Dispose of in the manner

following, to wit

First My will is that all of my just debts and funeral expense

shall by executor hereafter named be paid out of my

estate as soon after my decease as shall be found conven=

ient by him.

2nd It is my Will that all my estate both Real and Personal

not otherwise appropriated as soon as it falls in to the hands

of my Executor, Shall be disposed of and equally divided

among my heirs namely.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 176)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 176)

Description

[page 176]

[corresponds to labeled page 119 of Will Record Vol. 6 1876 - 1883]

119

Daniel Sharp's Will

Angeline Armstrong, Peter Sharp, Mary Larimer William L.

Sharp Julia J. Havens Lydia M. Davidson Cordelia L. Sharp

Share and Share alike excepted Angeline Armstrong share shall

be deducted from her share the sum of 1 Hundred and fifty

dollars, and his sum to be divided equally among the

other six heirs as named. This sum is deducted from

Angelines share to reimburse me for money which I paid

for Robert T Armstrong her heirs and the vouchers for which

are none Der Dubagin

Third And lastly I do nominate and appoint my son Peter

Sharp my executor of my last will and testament

In testimony whereof I said Daniel T Sharp have to this

my last will and testament contained on one sheet of

paper I have subscribed my name and affixed my seal this

twenty eighth day of December in the year of our Lord One

thousand Eight and Seventy five

Daniel T Sharp

Signed Sealed and published and Declared by the Said Daniel

T Sharp as and for his last will and testament in the

presence of us who at his request and in his presence and

in the presence of each other have subscribed our names

as witnesses there of.

Joel Cleveland

Geo Cleveland

State of Ohio Delaware County } ss.

In Probate Court at

Delaware in and for said County on the Eleventh day

of April 1878

Testimony in proof of the last will and

testament of Daniel T Sharp late of the

in said county deceased We Joel Cleveland

and George Cleveland be duly sworn in open court

on the day and year aforesaid depose and say that

the said testator signed the foregoing last will in

our presence and that he called upon us to

witness the same as his last will and that we in

his presence signed the same as such witnesses:

and we on our oaths further say that the said

testator at the time of executing said will was of sound

disposing mind and memory and was under no

restraint.

Joel Cleveland George Cleveland

Sworn to and subscribed before me this 11th day of April. 1878

F B Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 177)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 177)

Description

[page 177]

[corresponds to labeled page 120 of Will Record Vol. 6 1876 - 1883]

120

Clarrisa Cowgill Will

April 2nd 1878

On this day the last will and testament of

Clarrisa Cowgill decd was duly admitted to

probate and Record

F. B. Sprague

Probate Judge

In the name of the Benevolent Father of all I

Clarrisa Cowgill of the county of Delaware do make

and publish this my last will and testament

Item 1 I give and bequeath to Wayne Orton my oldest

Brothers son, of Lake County Perry Township and State of

Ohio fifty Dollars

Item 2d I give and bequeath to Erwin Orton (Wayne Orton his

Brother above mentioned) of Lake County and State of Ohio

Fifty Dollars

Item 3d I give and bequeath to Frederick Orton Brother of the

above W & E Orton (his residence by me unknown

if living fifty dollars if not living it is to be divided

between his two Brothers above mentioned

Item 4 I give and Bequeath to Norman Thurston son of

Eliha Thurston twenty five dollars his residence is

Morrow County Ohio

Item 5 I give and bequeath to David Thurston brother of the

above N Thurston of the same place twenty five dollars

Item 6 I give and bequeath to Martha Ann Heller daughter of

Charles Heller of Delaware County Ohio twenty five

dollars

Item 7 I give and bequeath to Clara Heller Daughter of Chas

Heller of the same place twenty five dollars

Item 8 I give and bequeath to Isador Peet daughter of William

Peet of Delaware County Ohio fifty Dollars

Item 9 I give and Bequeath to Orpha Cronkleton and Helen

Cronkleton Children of Orpha Cronkleton One Hundred

to each the balance if any goes to Orpha Cronkleton

nominate authorize and empower the ok I hereby

nominate authorize and empower the above named

Orpha Cronkleton of Delaware County Ohio my sole

executrix of this my last will and testament hereby

revoking all former wills by me made in testimony
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 178)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 178)

Description

[page 178]

[corresponds to labeled page 121 of Will Record Vol. 6 1876 - 1883]

121

Clarissa Cowgill Will

Whereof I have hereunto set my hand and seal this

15th day of Oct A.D. 1864

Clarrisa Cowgill

Signed and acknowledged by said Clarrisa Cowgill as her

last will and testament In our presence and signed by us

both in her presence

David Cowgill

Sarah Ann Roland

State of Ohio Delaware County } SS

In the Probate Court of Delaware

in and for said county on the 2nd day of April 1878

Testimony in proof

of the last will and testament of Clarrisa Cowgill

late of the Township of Brown in said County deceased

We Daniel Cowgill and Sarah Ann Rowland being

duly sworn in open court on the day in year aforesaid

depose and say that the said testatrix signed the foregoing

last will in our presence and that she called upon us

to witness the same as her last will and that we

in her presence signed the same as such witnesses:

And we on our oath further say that the said testatrix

at the time of executing said will was of sound disposing

mind and memory and was not under any restraint

Daniel Cowgill

Sarah Ann Towland

C o d i c i l

Be it known that I Clarrisa Cowgill of Delaware County

Ohio being of sound and disposing mind and memory do

make this Codicil and of my will

to wit

Whereas Item 8th wherein I have bequeathed to Isadora

Peet the sum of fifty dollars in my this codicil revoked and

it is my wish and desire that the said fifty dollars be

given to Orpha Cronkleton. this Codicil is made to my

former will bearing date the 15th day of Oct AD 1862 in

testimony whereof I hereto set my hand and seal this 31st day

of May A.D. 1870

Clarrisa Cowgill.

Signed and Sealed by Clarrisa Cowgill in our presence

and signed by us in her presence this 31st day of

May A.D. 1870.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 179)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 179)

Description

[page 179]

[corresponds to labeled page 122 of Will Record Vol. 6 1876 - 1883]

122

Clarrisa Cowgill Will

State of Ohio Delaware County } SS

In Probate Court at

Delaware in and for said County on the day of

1878.

Testimony in proof of the last will and testament

late of the Township of Brown in said County deceased

We J. J. Glover & Josephus Doty, being duly sworn in open

court on the day and year aforesaid depose and say

that the said testator signed the foregoing Codicil

to the last will in our presence and that she called

upon us to witness the same as her last will

and that we in her presence signed the same as

such witnesses: and we do on our oaths

further say that the said testatrix at the time of

executing said codicil to will was of full age of

sound disposing mind and memory and was

not under any restraint

J.J. Glover

Sworn to and subscribed before me this day

of May AD 1878

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 180)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 180)

Description

[page 180]

[corresponds to labeled page 123 of Will Record Vol. 6 1876 - 1883]


123

Merlin Benton's Will

August 3rd 1878

On this day the last will and testament of Merlin Benton

decd was duly admitted to probate & record

F. B. Sprague

Probate Judge


Copy of the Will


In the name of the benevolent father of all I

Merlin Benton of Concord Township Delaware County Ohio

do make and publish this my last will and testament

Item 1 I give and bequeath to M.E. Benton my wife the two

thirds use of the Home Farm on which we now live

during her natural life

Item 2nd I give and bequeath to my daughter

Minerva S Benton the use of the remaining one Third

during her Mother's life time

Item 3rd Item 3rd After the death of my wife

I desire the Home farm to be equally divided between my

six children or their heirs, providing Minerva has become

of age if not then said division is not to be made

until she is eighteen years of age

Item 4 Item 4 Should my

wife die before Minerva becomes of age, I desire the

use of the whole home farm to be for the maintenance of

and Education of Minerva, until she is of age

Item 5th I give and

bequeath to my five children by my first wife my

lower farm containing by estimate 150 acres to be

equally divided between them, to hold and to have

forever

Item 6th I desire my two Grand children Lydia B & James N

Hill to have $127. each out of my personal property

to be held by my daughter Amy for their education until

they attain maturity when it is to be paid to them

Item 7th I desire the remainder of my personal property to be

divided equally between my wife and four living

children letting Daniel have his share in notes

Item 8th I desire no sale or appraisement to be made

Item 9th I desire my wife and daughter Amy A Jenkins to

act as my Esecutrix

Signed Sealed and Acknowledged by the testator

in our presence and signed by us in his presence
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 181)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 181)

Description

[page 181]

[corresponds to labeled page 124 of Will Record Vol. 6 1876 - 1883]

124

Merlin Benton's Will

this 24th day of July A.D. 1878

Merlin Benton

E. J. Healy Geo B. Kirkland

E. Hill

State of Ohio Delaware County ss

In the Probate Court at

Delaware in and for said County on the 3rd day

of August, 1878. Testimony in proof of the Last will

and testament of Merlin Benton late of the township of

Brown in said County deceased.

We E.J. Healy J.E. Hill and

George B Kirkland being duly sworn in open court

on the day and year aforesaid depose and say that

the said testator executed the foregoing last will in

our presence and that he called upon us to witness

the same as his last will and that we in his presence

signed the same as such witnesses, and we on our

oath further say that the said Testator at the time

of executing said will was of full age of sound disp-

osing mind and memory and was not under any

restraint

E.J. Healy

J.E. Hill

Geo. B Kirkland

Sworn and Subscribed to before me

this 3rd day of August A.D. 1878

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 182)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 182)

Description

[page 182]

[corresponds to labeled page 125 of Will Record Vol. 6 1876 - 1883]

125

Evan Davis Will

August 6th 1878

On this day the last will and testament of Evan Davis

decd was presented duly proved and ordered admitted to

Probate and record.

See Journal 5 Page 195. F. B. Sprague Probate Judge

For election of widow See Journal No 7 Page 229

Copy of the Will


The last Will and testament of Evan Davis

of Brown Township Delaware County and State of

Ohio

I the said Evan Davis considering the uncertainty

of this mortal life and being of sound & disposing mind

and memory and understanding, do make publish

and declare this to be my last Will and testament

as follows.

First I will that my funeral expences and all

my just debts shall be paid by my Executor herein

after named

Second It is my Will that my Executor pay

off the indebtedness on the Land in Radnor Town=

ship Delaware County State of Ohio, that belongs to

my son Mathew Davis and also to pay the said

Mathew Davis, the sum of $500 Dollars being the

balance of my indebtedness to him for labor

Third I give devise and bequeath to my beloved

wife Mary Davis all of the rest, residue & remainder

of my Real Estate and personal property of any

and every kind whatsoever of which I may die

seized (or to which I may be entitled) at the

time of my decease, for Her sole use for the time of

her natural life

Fourth I will to my son Mathew Davis

One Hundred dollars $100 per year so long as he

shall live with his Mother, and care for her, and it

is my request that his Mother pay to him that

sum each & every year, and at her demise that

he be paid, out of the Estate enough to make the

sale of payment Twenty five $25 Dollars per year

more

Fifth I will to my Daughter Mary Davies $50 per year so long as

she shall live with and care for her mother and it is

my request that her mother pay to her that sum
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 183)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 183)

Description

[page 183]

[corresponds to labeled page 126 of Will Record Vol. 6 1876 - 1883]

126

Evan Davis Will

Each & every year during such time

Sixth I will to my

Daughter Phoebe Davis Fifty Dollars $50 per year

so long as she shall live with and care for her

Mother and it is my request that her Mother pay

to her that sum each & every year during such

time

Seventh At the death of my wife, the estate to be equally

divided my five children, or the heirs taking into

consideration that my Daughter Margaret has been

paid Two Hundred & fifty dollars $250. & my deceased

Daughter Elizabeth has been paid Fifty dollars $50

the charge for keeping my deceased Daughter Eliz=

=abeth children from Sept. 20th 1874 to this time is to be

Two Dollars per week for the Four or 50 per week for

each one, the above charge together with the cost of

their future maintenance to be deducted from their

Mother's portion

Eight I do here by nominate & appoint my

beloved son Mathew Davis to be my sole executor

of this my last Will & testament.

In testimony where

of I the said Evan Davis have here unto subscribed

my hand & name and affixed my seal this Twenty

Eighth of May in the year of our Lord Eighteen

Hundred & Seventy Eight

Evan Davis {Seal}

Signed Sealed & declared by the said Evan Davis to

be his last Will & testament, in presence of us, who at

his request & in his presence, have subscribed our

names as attesting witnesses hereunto in presence of

each other

Charles D Potter

Zachariah Davis

John E Davis

The State of Ohio Delaware County } SS In the

Probate Court at

Delaware in & for said County on the 6. day of August

1878

Testimony in proof of the Last Will & testament

of Evan Davis Late of the Township of Brown in

said County deceased

We Charles D Potter Zachariah Davis
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 184)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 184)

Description


[page 184]

[corresponds to labeled page 127 of Will Record Vol. 6 1876 - 1883]

127

Evan Davis Will

Being duly sworn in open court on the day

& year aforesaid depose & say that the said testator

signed the foregoing last will in our presence, and

that he called upon us to witness the same as his last

Will and that we in his presence signed the same

as such witnesses, & we on our oath further say

that the said testator at the time of executing said

Will was of full age of sound disposing mind

and memory and was not under any restraint

C. D. Potter

Zachariah Davis

Sworn to and susbcribed before me this

6th day of August A.D. 1878

F. B. Sprague

Probate Judge


Samuel Stout's Will

August 15th 1878

On this day the last will & testament of

Samuel Stout decd was duly admitted to Probate

& record.

F. B. Sprague

Probate Judge

Copy of the will

In the name of the Benevolent Father of all

I Samuel Stout, being of sound mind and memory

do make & publish this my last will & testament

1st It is my Will that all my funeral expences &

Just debts be fully paid

2nd It is my will that my wife Candace M.

Stout be appointed Executrix of this my last will

& Testament with out bond

3rd It is my will that my wife Candace M. Stout

have full control of all my estate to use &

control. She may think best so long as she shall

remain my widow

4th It is my will that my said Executrix sell & convey

my real Estate to the best advantage she can,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 185)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 185)

Description

[page 185]

[corresponds to labeled page 128 of Will Record Vol. 6 1876 - 1883]

128

Samuel Stout Will

without an order from court

and use the proceeds as she may think best

5th It is my will that at the death or

marriage of my said wife Candace M that my

remaining property be equally divided between

my two children Lucy Ann Stout & Denny Strong

Stout


6th It is my will that my said Executrix receive the money

that may be derived from the "Odd Fellow"

Beneficial associations of Columbus Ohio & out of

said fund pay all my just debts & funeral expenses

as aforesaid & after the payment of said debts to

use & control the remainder of said funds, so long

as she remain my widow as aforesaid

7th It is my will that no inventory & appraisement

of my property be taken

In testimony whereof I have

hereunto set my hand & seal this 22nd day of April

A.D. 1878

Samuel Stout

Executed & signed in our presence & signed by us

at the testators request & in his presence & the presence

of each other

L. C. Strong

W. T. Watson

The State of Ohio Delaware County In the Probate

Court at Delaware

in & for said county on the 5th day of August 1878

Testimony in

proof of the Last Will & Testament of Samuel Stout

late of the Township of Orange in said county decd

We L.C. Strong & Walter T. Watson being duly

sworn in open court on the day & year aforesaid

depose & say that the said testator signed the foregoing

last will in our presence & that he called upon us

to witness the same as his last Will & that we in his

presence signed the same as such witnesses & we on

our oath further say that the said testator at the time of

executing said Will was of full age of sound, dis=

posing mind & memory, & was not under any restraint

L.C. Strong, W.T. Watson

Sworn to & subscribed before me this 13th day of Aug. A.D.

1878 F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 186)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 186)

Description

[page 186]

[corresponds to labeled page 129 of Will Record Vol. 6 1876 - 1883]


129

Frederick Avery Will

August 26th A.D. 1878

On this day the Last Will & testament of

Frederick Avery was duly admitted to Probate

and record

F. B. Sprague

Probate Judge


Copy of Will

Know all men by these presents that I

Frederick Avery of the Township of Delaware

in the county of Delaware & State of Ohio consider=

=ing the uncertainty of Life and being of sound

mind & memory do make and declare & publish

this my last will & testament

1st I give to my beloved wife Lydia the use

improvement & income of my property both Real

and personal to have & to hold the same to her for

and during her natural life

2nd I give and bequeath to my Daughter Han=

-nah Five thousand dollars.

3rd I give and bequeath to my Daughter

Catharine (Mrs. Pratt) Two thousand dollars.

4th I give and bequeath to my son the children of

my son Jasper two thousand, to be held in

trust by my son Jasper for their benefit

5th I give to son Edward January 1870 a deed

of twenty seven and one/half acres of land of

Henry Durchid at 60 sixty dollars per acre amounting

to sixteen hundred and fifty dollars and I now give

and bequeath to said son Edward Five Hundred

dollars in addition to said farm

How this distribution is made on the

supposition that my estate is now worth at least

Ten thousand dollars but whether it be more or

less I wish the distribution to be made by my

Executor as near above proportions as well can

be but not to reduce that of my Daughter Hannah

I nominate & appoint

my son Jasper to be the executor of this my

last will and testament.

In testimony whereof I have hereunto

to this my last Will & testament subscribed my

name and affixed my seal this twelth day
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 187)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 187)

Description

[page 187]

[corresponds to labeled page 130 of Will Record Vol. 6 1876 - 1883]


130

Frederick Avery's Will

of October in the year of our Lord One thousand

Eight hundred and seventy seven

Frederick Avery

Signed sealed & declared and published

by the said Frederick Avery as and for his

last will & testament in presence of us who

at his request and in his presence & in presence

of each other have subscribed our names as

witnesses,

H. W. Chamberlian

Olive L Chamberlain

The State of Ohio Delaware County ss

In Probate Court

Personally appeared in open court H. W.

Chamberlian & Olive L Chamberlian the subscribing

witnesses to the last will & testament of Frederick

Avery decd 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 & say that the paper before [crossed out: me] them

purporting to be the last Will and testament of

Frederick Avery decd [crossed out: now] is the will of said

deceased Frederick Avery decd 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

Frederick Avery decd sign & seal said will & heard

him acknowledge the same to be his last Will and

Testament that the said Frederick Avery at the

time of making signing & sealing said Will was of

legal age of sound disposing mind & memory

and under no unlawful restraint whatsoever

H. W. J. Chamberlain

Olive L Chamberlain

Sworn & subscribed in open court this 26th day of

August A.D. 1878

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 188)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 188)

Description

[page 188]

[corresponds to labeled page 131 of Will Record VOl. 6 1876 - 1883]


131

Polly Wallace's Will

September 10 A.D. 1875

On this day the last Will and testament of

Pollie Wallace was duly admitted to Probate and

record

F.B. Sprague Probate Judge

Copy of Will

In the name of the Benevolent Father of all

I Polly Wallace, being of sound mind and in good

bodily strength do make and publish this my last

Will & testament

Item 1st I give & devise to my son James W.D. Wallace all my

Real Estate & personal property except as hereinafter

provided

Item 2d It is my presant intention to make my House with

my said son James after the death of my aged & infirm

and on this account and not from any ill Will or

disrespect to any of my other children the above and

following disposal of my effects are made. I would state

in this correction that my older children John J

Wallace & George W. Wallace & William A Wallace have

received considerable help from their Fathers Estate during

his life time and while James & Elizabeth were young

Item 3d I give & devise to my Daughter Elizabeth Elizabeth Keen

the sum of ($100) one Hundred dollars upon the following

conditions whereas my son George W Wallace is indebted

to me in the sum of $325 Three Hundred & twenty five

dollars should that amount remain unpaid & if the

same can be legally collected by my executor

Item 4th I do hereby nominate & appoint John H. Bale of

Orange Township Delaware County Ohio Executor of this

my last Will & Testament hereby authorizing & enpowering

him to compromise adjust release & discharge in such

manner as he may deem proper the debts & claims due

me. I do also authorize [crossed out: him] & enforce him if it shall

be necessary to pay my debts to sell at private sale or in

such manner upon such lines of credit or otherwise as

he may think proper all or any part of my real estate &

deeds to purchasers to execute acknowledge & deliver in

fee simple. I do devise that no appraisement & no sale &

that the court of Probate direct the omission of the same

in pursuance of the statute. I do hereby revoke all former

Will by me made. In testimony whereof I have here-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 189)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 189)

Description

[page 189]

[corresponds to labeled page 132 of Will Record Vol. 6 1876 - 1883]


132

Polly Wallace Will


set my hand and seal this 16th day of December

A.D. 1876 signed and acknowledged by the said

Polly Wallace as her last Will & testament.

in our presence and Polly Wallace {Seal}

signed by us in her presence Geo. Baker

Lysander Taylor

Commission.

To take testimony of Witness to Will

State of Ohio Delaware County } ss

To A. M. Fuller

Know we that we in confidence of your prudence and

fidelity have appointed you by these presence do give you

full power & authority to examine & take the deposition

of Geo. Baker & Lysander Taylor subscribing witness to

the Last Will & Testament of Polly Wallace here to annexed

late of the county of Delaware in the State of Ohio deceased

and therefor we command you that at certain day &

places appointed by you you cause the said Geo. Baker

& Lysander Taylor to be brought before you & then &

there examine them on oath or affirmation first taken

before you touching the due execution of the said Will

of the said Polly Wallace & that you reduce such examination

to writing and return the same together with this commission

& the will of the said Polly Wallace thereto annexed closed

up under your seal in to our said Probate Court with all

convenient speed. In testimony whereof I F.B. Sprague

Judge of the said court have hereunto set my hand &

affixed the seal of said court at Delaware this 9 day

of September A.D. 1878

F. B. Sprague Probate Judge


Probate of Will

State of Ohio Delaware County } ss Probate Court

Personally appeared before me a commissioner

duly appointed by the Probate Court of Delaware County O

George Baker & Lysander Taylor the subscribing witnesses

to the last will & testament of Polly Wallace deceased being

duly sworn according to the Law to speak the truth the

whole truth and nothing but the truth in relation

to the execution of said Will depose & say that the paper

before them purporting to be the last Will & testament

of Polly Wallace now decd is the Will of said deceased

Polly Wallace that they were present at the execution

of said Will at the request of the testatrix subscribed
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 190)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 190)

Description

[page 190]

[corresponds to labeled page 133 of Will Record Vol. 6 1876 - 1883]


133

Polly Wallace Will


their names to the same as witnesses in her presence

and that they saw the said Polly Wallace deceased

sign & seal said Will and heard her acknowledge

the same to be her last Will & testament, that the said

Polly Wallace at the time of making signing & sealing

said Will was of legal age of sound disposing

mind & memory and under no undue or unlawful

restraint whatsoever

George Baker

Sworn to & subscribed Lysander Taylor

in open court this 10th day of September A.D. 1878

A. M. Fuller

Commissioner as above appointed
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 191)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 191)

Description

[page 191]

[corresponds to labeled page 134 of Will Record Vol. 6 1876 - 1883]


134

Robert Davis Will

November 7th 1878

On this day the last Will & testament of Robert

Davis deceased was duly admitted to Probate & record

Copy of Will

In the name of the benevolent father of all I Robert

Davis of Berlin township Delaware County Ohio do make

& publish this my last Will & testament

Item 1st I give and devise to my beloved wife, the farm on

which I now reside containing about one hundred

acres situated in Berlin township Delaware County Ohio

to be hers & be used with all the personal property

which shall belong to me at my decease, during her

natural life unless she should see fit to marry again &

in that case she shall take her dower & the balance of

my property to be divided equally among all my

children.

I do hereby nominate & appoint my wife Barbara E.

Davis as Executrix of this my Last Will & testament

hereby authorizing & empowering her to compromise

adjust & discharge in such manner as she may deem

proper the debts & claims due me. I do also authorize

& empower if it shall become necessary in order to pay

my debts to sell by private sale or in such manner

upon such terms of credit, or otherwise as she may

think proper all or any part of my real estate and

deed to purchase to execute to acknowledge and

deliver in fee simple

I further authorize her to of my personal property any

article that she may see fit to apply on the debt

In testimony hereof I have hereunto set my hand &

seal this 31st of January 1873.

Robert Davis {Seal}

Signed & acknowledged by said Robert Davis on his last

will & testament in our presence & signed by us in

his presence

Joel Cleveland

George Cleveland

Probate of Will

The State of Ohio Delaware County } ss

Personally appeared in open court Joel Cleveland &

George Cleveland, the subscribing witnesses to the

last will & testament of Robert Davis deceased being
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 192)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 192)

Description

[page 192]

[corresponds to labeled page 135 of Will Record Vol. 6 1876 - 1883]


135

Robert Davis Will

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 test=

ament of said Robert Davis now deceased is the Will

of said deceased Robert Davis that they were present

at the execution of said Will at the request of the

testator subscribed their names as witnesses to the

same in his presence and that they saw the said

Robert Davis deceased sign and seal said will

and heard him acknowledge the same to be his

last Will & testament, that the said Robert Robert

Davis at the time of making signing & sealing

said Will was of legal age of sound disposing

mind & memory and under no undue or

unlawful restraint whatsoever

Joel Cleveland

George Cleveland

==================================================

Sworn & subscribed in open court this 7th day of

November A.D. 1878

F.B. Sprague Probate Judge

B.C. Waters Deputy

===============================================


October 9th A.D. 1878


On this day the last Will & testament of

Helty F. Randolph was duly admitted to Probate

& Record

F. B. Sprague

Probate Judge

Copy of the Will

I, Hertty F Randolph of the county of Delaware

in the State of Ohio do make & publish this my last

will & testament in manner & following this is

to say,

First It is my Will that my funeral expenses be fully

paid

Second I give & bequeath to Esther A. Randolph wife of

John F. Randolph two hundred & fifty dollars

deposited in the bank for savings No. 67 Bleacher Street

New York as per bank books No 254674 deposited

April 14th 1864 with interest from date

Also two Hundred & fifty dollars deposited in the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 193)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 193)

Description

[page 193]

[corresponds to labeled page 136 of Will Record Vol. 6 1876 - 1883]


136

Hetty Randolph.

Bowery Savings Bank in the city of New York

as per bank books No 225741. deposited April 14th

1864, with all the interest accruing, also Three

Hundred in government bonds. Also one note

against George Leonard for One hundred & thirty

six dollars & sixty two cents dated August 6th, 1869

& one note against the same for two hundred &

fifty dollars dated February 17th 1870 & one note

against M M Glass & Wm Williams for two hundred

dollars dated March 15th 1870, & one set of silver tea

spoons. also one Gold watch & all my bedding &

wearing apparel. It is my Will & desire as above

mentioned that all the Items shall be delivered

to the said Esther A. Randolph at my decease.

Third I give & bequeath to my John F Randolph One

hundred dollars in government bonds.

In testamony whereof I have hereunto set my

hand & seal this 4th day of February AD 1871

Hetty F. Randolph

Signed published & declared by the named

Hetty Randolph as & for her last Will & testament

in presence of us who at her request have signed

as witnesses to the same.

Elijah Abbott

J.W. Potter.

Commission to take testimony of Witnesses to Will

The State of Ohio } ss

Delaware County To Silas Williamson Greeting

Know ye, That we in confidence of your prudence

& fidelity have appointed you by these presents do

give you full power to authorize & examined &

take the deposition of Elijah Abbott subscribing wit-

ness to the Last will & testament of Hetty F Randolph

hereto annexed late of the county of Delaware in the

State of Ohio deceased & therefore we command you

that at certain days & places appointed by you you

cause the said Elijah Abbott to be brought before

you and then & there to examine him on oath or

affirmation first taken before you touching the due

execution of said Will of the said Helty F Randolph &

then you reduce such examination to writing & return

the same together with this commission & the Will

of the said Helty F Randolph here to annexed closed
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 194)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 194)

Description

[page 194]

[corresponds to labeled page 137 of Will Record Vol. 6 1876 - 1883]


137


up under your seal into our said Probate Court

with all convenient speed,

In testimony whereof I, F B. Sprague have here unto

set my hand & affixed the seal of said court at Del-

aware this 3rd day of October A.D. 1878

F.B. Sprague

Probate Judge

Probate of Will

The State of Ohio Butler County} ss

Personally appeared before me a commissioner

duly appointed Elijah Abbott the subscribing witness

to the Last will & testament of Hetty F Randolph

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 & say that the paper before them purporting

to be the last will & testament of Hetty F

Randolph now deceased is the Will of said

Hetty Randolph that they were present at the

execution of said Will at the request of the testatrix

subscribed their names to the same as witnesses

and that they saw the said Hetty F Randolph decd

sign and seal said Will & heard her acknowledge

the same to be her last will & testament that the

said Hetty F Randolph at the time of making signing

& sealing said will was of legal age of sound

disposing & memory & under no undue or unlawful

restraint whatsoever

Elijah Abbott

J. W. Potter

Sworn & subscribed to before me this 9th day of October

A.D. 1878

Silas Williamson, JP

The above was signed by said J.W Potter in my presence

and by him sworn to this day of 1878
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 195)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 195)

Description

[page 195]

[corresponds to labeled page 138 of Will Record Vol. 6 1876 - 1883]


138

John Graham's Will

October 26th 1878

On this day the last Will & testament of John

Graham was duly admitted to Probate and record.

F.B. Sprague

Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I John

Graham of Delaware County Ohio do make & publish this

my last Will & testament.

Item 1 It is my will that all my just debts & all charges be paid

2 I give and devise to my son Milo D. Graham the

Farm on which I now reside being in Delaware township

Delaware County Ohio, containing sixty acres & being the

same premises I purchased from Henry G. Sheldon, to

have & to hold the same during his natural life &

all the stock house hold goods furniture, provisions

farming implements & other goods & chattels which may

be thereon at the time of my decease during his natural

life as aforesaid & should my said son die leaving

heirs of his body then I devise said real estate above said

& said goods & chattels to his children forever. But

should my said son die having no heirs of his body

then I give & devise said goods & Chattels & said Real

estate to the following persons & their heirs, to be divided

equally among them Viz My son Lewis Graham & Calvin

Graham & my three daughters Ann Mathias Sarah

Cook and Martha Wise

Item 3 I give & devise to my Daughter Martha Wise wife of

Philip Wise the following described Real estate To Wit

Situated in the Township of Troy County of Delaware & State

of Ohio and containing ten acres Bounded on the East

by lands C. Hills on the South my by lands of Lewis

on the West out: my by lands of Tharp & on the north

by county Road, to her & her heirs forever

Item 4 I give & devise to my Children Lewis Graham Calvin

Graham, Ann Mathias Sarah Cook & Martha Wise all

the moneys and notes I may have at the time of my

decease after my just debts & funeral expenses & charges

are first paid out of the same to be equally divided

between them.

I do hereby nominate & appoint Philip Wise executor of this

my last will & testament I do hereby revoke all former

wills by me made
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 196)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 196)

Description

[page 196]

[corresponds to labeled page 139 of Will Record Vol. 6 1876 - 1883]


139


In testimony whereof I have hereunto set my hand &

seal this 29th of September A.D. 1877.

John Graham {Seal}

Signed & acknowledged by said John Graham as his

last Will & testament in our presence & signed by us

in his presence & at his spacial instance & request

F. W. Morrison

James R Lytle,

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

James R Lytle & F W Morrison the subscribing

witnesses to the last will & testament of John Graham

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 & say

that the paper before them purporting to be the last

Will & testament of John Graham now decd the

Will of said deceased John Graham 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 & that they saw the the

said John Graham decd sign & seal said Will

& heard him acknowledge the same to be his last

Will & testament & the said John Graham at the

time of making signing & sealing said was of legal

age of Sound disposing mind & memory & was

under no undue or unlawful restraint what so

ever

F. W. Morrison

James R Lytle

Sworn to & subscribed in open court this 26th

day of October

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 197)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 197)

Description

[page 197]

[corresponds to labeled page 140 of Will Record Vol. 6 1876 - 1883]


140

Anderson Leonard Will

I Anderson Leonard of the County of Delaware

and State of Ohio do make and publish this my

last Will and testament


First It is my Will that all my just debts be

paid

Second I devise and bequeath all my property real &

personal to my esteemed Mother Nancy Leonard

to have and to hold during her natural life except

our lot in the Village of Leonardburg which is here=

after disposed of

Third At the death of said Mother I give to Matilda

Blair Angeline Bell and Tabitha Bartholemew

each the sum of ten dollars $10.00 and to Emma

Leonard Lot No. 5 in the Village of Leonardsburg

Fourth At the deceased of my said Mother it is my Will

that all the property personal & real bequeathed to

her by me that may remain at her death be equally

divided between Frank Blair Abigal McLaughlin

Don Carlos McLaughlin and Emma Leonard,

I do hereby nominate & appoint my said Mother

Executrix of this my last will and testament.

In testimony hereof I have hereunto set my hand

and seal this Eighteenth day of November, 1878

Anderson Leonard

Signed and acknowledged by said Anderson Leonard

as his last Will and testament in our presence

signed by us at his request in his presence.

A.J. Heverlo

Wm. Williams

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open Court

A.J. Heverlo (one of the subscribing witnesses to the Last

Will and testament of Anderson Leonard deceased

who being duly sworn according Law to speak the truth

the whole truth and nothing but the truth in relation

to the execution of said Will depose & say that the paper

before him purporting to be the Last Will and testament

of Anderson Leonard now deceased is the will of

said deceased Anderson Leonard That William

Williams was the other subscribing witness to said
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 198)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 198)

Description

[page 198]

[corresponds to labeled page 141 of Will Record Vol. 6 1876 - 1883]


141

Anderson Leonard Will


will that they were present at the execution of said

will at the request of the testator subscribed their

names as witnesses to the same in his presence and

that they saw Anderson Leonard deceased sign

and seal said Will and heard him acknowledge the

same to be his last Will and testament, that the said

Anderson Leonard at the time of making signing and

sealing said Will was of Legal age of sound dispo-

sing mind and memory, and under no undue or

unlawful restraint whatsoeveer.

A. J. Heverlo

Sworn and subscribed in open court this second day

of December A.D. 1878

F. B. Sprague Probate Judge


Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

William Williams one of the subscribing wit-

=nesses to the Last Will and testament of

Anderson Leonard deceased, who being duly sworn

according to Law to speak the truth in relation to

the execution of said Will depose and say that

the paper before him purporting to be the last

will and testament of Anderson Leonard now decd

is the will of said deceased Anderson Leonard

that A. J. Heverlo was the other subscribing witness

to said Will, that they were present at the execution

of said Will at the request of the testator subscribed

their names as witnesses to the same in his presence

and that they saw the said Anderson Leonard decd

sign and seal said Will & heard him acknowledge

the same to be his last will and testament that the

said Anderson Leonard at the time of making sign

=ing and sealing said will was of Legal age

of sound disposing mind and memory and

under no undue or unlawful restraint what

so ever.

Wm Williams

Sworn and subscribed in open court this 5th day

of December A.D. 1878

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 199)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 199)

Description

[page 199]

[corresponds to labeled page 142 of Will Record Vol. 6 1876 - 1883]


142

Robert Hurlburts Will

I Robert F Hurlburt of the city of Delaware County

of Delaware & State of Ohio being of sound and disposing

mind but in feeble bodily health and about to

undergo a surgical operation of a critical character

do make this my last will and testament

First After the payment of my just debts I bequeath

to my dear Mother Abigail R Hurlburt the sum

of one thousand dollars to be paid to her out of

the proceeds of my estate by my executrix within

two years after my decease

Second All the remainder of whatever property of whatever

character I may die possessed I bequeath to my

beloved wife Annie F Hurlburt, absolutely for

her use benefit and disposal

Third I do hereby constitute and appoint my afore men=

=tioned beloved wife sole executrix of this my last

will and testament and it is my will that

no bond be required of her as said executrix

Executed at Columbus Ohio March 20th A.D. 1878

Robert F Hurlburt

Signed and sealed in the presence of us who at

the request of said Robert F Hurlburt in his presence

and in the presence of each other have hereunto

subscribed our names as witnesses to the above

acknowledged by said R F Hurlburt as his last

will and testament

Mary F Lybrand

Lida J Wickham

Commission

To take testimony of Witnesses to Will

The State of Ohio Delaware County } ss

To John Wickham Greeting

Know ye, That we in confidence of your prudence

& fidelity have appointed you, by these presence

do give you full power and authority to examine &

take the deposition of Lida J Wickham subscribing

witness to the Last will & testament of Robert F.

Hurlburt 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 Lida J Wickham to be brought be=

fore you and then and there to examine her on oath

or affirmation first taken before you touching the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 200)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 200)

Description

[page 200]

[corresponds to labeled page 143 of Will Record Vol. 6 1876 - 1883]


143

Robert F Hurlburt


due execution of said Will of the said Robert F

Hurlburt and that you reduce said examination

and return the same together with this commission

and the Will of the said Robert F Hurlburt thereto annexed

closed up under your seal in our said Probate

Court with all convenient speed,

In testimony whereof I F.B. Sprague Judge of

the said court have hereunto set my hand and

affixed the seal of said court at Delaware Ohio this 18th

day of November A.D. 1878

F. B. Sprague

Probate Judge

Probate of Will

The State of Ohio Delaware Penn, Beaver Co } SS

Personally appeared before me

of commissioner duly appointed by the Probate Court

of Delaware County O Lida J. Wickham one of the

subscribing witnesses to the last will and testament

of Robert F. Hurlburt deceased who being duly sworn

according to Law to speak 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 testam=

=ent of Robt F Hurlburt now deceased is the the will of

said deceased Robt F Hurlburt that she was

present at the execution of said Will at the request of

the testator subscribed her name as witness to the

same in his presence, and that she saw the said

Robt F Hurlburt sign and seal said will and

heard him acknowledge the same to be his last

Will and testament; that the said Robt F Hurlburt

at the time of making signing and sealing said

Will was of Legal age of sound disposing mind and

memory and under no undue or unlawful re=

straint what so ever

Lida J. Wickham

Sworn and subscribed before me this second day

of December AD 1878

John J Wickham

Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 201)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 201)

Description

[page 201]

[corresponds to labeled page 144 of Will Record Vol. 6 1876 - 1883]


144

Probate of Will

The State of Ohio Delaware Co } SS Probate Court

Personally appeared in

open court Mary F Lybrand one of one the

subscribing witnesses to the last Will and testament

of Robt F Hurlburt deceased who being duly

sworn according to law to speak the truth in

relation to the execution of said Will, depose and

say that the paper before him purporting to be the

last Will and testament of Robt Hurlburt now

deceased is the Will of said deceased Robt Hurlburt

that the other subscribing witness was Lida Wickham

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 Robt Hurlburt deceased sign &

seal said Will and heard him acknowledge the

same to be his last will and testament that the

said Robt F Hurlburt at the time of making

signing and sealing said Will was of legal

age of sound disposing mind & memory and

was under no undue or unlawful restraint

what so ever

Mary F Lybrand

Sworn & subscribed in open court this Seventh

day of January A.D. 1879.

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 202)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 202)

Description

[page 202]

[corresponds to labeled page 145 of Will Record Vol. 6 1876 - 1883]


145

James Mains Will

On this day the last Will and testament was duly

admitted to probate and record

December 7th 1878

F. B. Sprague

Probate Judge

In the name of the Benevolent Father of all, I James

Main of Troy Township Delaware County Ohio being

of Lawful age of sound mind and memory do make

and publish this my last will and testament.

First My will is that all my just debts and funeral

charges shall by my executors hereinafter named be

paid out of my estate as soon after my decease

as shall by them be found convenient.

Second I will and bequeath to my Daughter Mary:

husband David D. Darst the sum of $110.00

Third It is my Will and desire that after settling Items

First and Second as above desired, that all the balance

of my property monies & credits, be Real & personal

be equally divided among my several children

Joseph C Main Henry W Main Wilbert Main J.S.

Main Mary Darst and Sarah Marsh

Fourth It is my Desire that in disposing of my real estate

that my son Wilbert Main have and become possessed

of eight and one half acres of my home farm

on which I now reside being in Troy Township

Delaware County Ohio said 8 1/2 acres to be taken off

of the South end of said farm. Said Wilbert Main

to be charged by my executors hereinafter named on

his said share of my estate the sum of Four Hundred

and twenty five ($425.00) Dollars for said 8 1/2 acres of

Land

Fifth It is my further will and desire that my son J.S. Main

have and become possessed of the balance of the farm

on which I now reside (after deducting the 8 1/2 acres above

mentioned) being 61 1/2 acres of land in Troy Township

Delaware County Ohio said J.S. Main to be charged

and pay to the executors of Estate hereinafter

named for distribution as provided in Items

One Two and Three the sum of Three Thousand Three

Hundred & Eighty Two ($3382.20) Dollars

Lastly I do nominate and appoint my said sons Joseph C.

Main and Henry W Main to be the Executors of this

my last Will and testament
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 203)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 203)

Description

[page 203]

[corresponds to labeled page 146 of Will Record Vol. 6 1876 - 1883]


146

James Main's Will

In Witness Whereof I have here unto set my hand

and seal the 27th day of August in the year of our

Lord One Thousand Eight hundred & seventy eight

James Main

The above instrument consisting of One sheet was

now here subscribed by James Main the testator in

the presence of each of us and was at the same

time declared by him to be his last will and

testament and we at his request sign our names

here to as attesting witnesses

Joseph C. Cole }

John Chapman } Witnesses

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

Joseph C Cole and John Chapman the subscribing

witnesses of the last will and testament of James

Main who being duly sworn according to Law to

speak the truth in relation to the execution of said Will

depose & say that the paper before them purporting to be

the last will and testament of James Main now decd

is the will of said deceased James Main, 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 James Main deceased sign and seal

said Will and heard him acknowledge the same to be

his last will and testament, and that the said

James Main at the time of making signing and

sealing said Will was of Legal age and under no

undue or unlawful restraint what so ever

J. C. Cole

John Chapman

Sworn to and subscribed in open court this 7th day

December A.D. 1878

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 204)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 204)

Description

[page 204]

[corresponds to labeled page 147 of Will Record Vol. 6 1876 - 1883]


147

Peter Parker's Will.

January 9th A.D. 1879.

On this day the Last Will and testament of

Peter Parker was duly admitted to Probate and

record.

F. B. Sprague Probate Judge

Copy of Will

In the name of the Benevolent Father of all, I Peter

Parker of the Town of Delaware advanced in life but

of sound and disposing mind and memory, do make

and publish this my last will and Testament.

First I direct that all my Just and honest

debts be first paid out of my estate,

Second I hereby give and devise unto my beloved wife

Sophania Parker all the house hold & kitchen

furniture and all the provisions including part of

pig in pen - which I may die possessed of for

her to dispose as she may deem proper,

Third I hereby give and devise to my said wife the house

in which we now reside with the lot on which the

same stands for and during her natural life, or

as long as she shall remain my widow and upon

her death or her marriage I direct that the same

shall pass to and be vested in my executor in trust

to be disposed of as provided in the residency clause

in this my will.

Fourth I give and devise to my said wife the sum of

Fifty dollars a year to be paid each and every year

by my executors as long as she remains my widow

and I do further hereby declare that all the

provisions which I have made herein for my said

wife is to be in lieu of dower in my said estate

and in lieu of her distribution share in my personal

estate.

Fifth All the rest and residue of my said estate both

Real and Personal I give and devise to my executor

hereinafter named in trust to be by him held and

converted into money and out of the proceeds thereof

to pay to my son Wardell Parker the sum of Two

Hundred dollars, to my Daughter Martha Eva Parker

the sum of One Hundred Dollars and all the

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 205)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 205)

Description

[page 205]

[corresponds to labeled page 148 of Will Record Vol. 6 1876 - 1883]


148

Peter Parker's Will

Rest of said estate to be held by my executor and

invested on interest and the interest and principal

as is may be needed to be applied to the support

maintenance and education of my Grand children

which may be living at the time of my decease or

which may be born after my decease to be paid &

expended for said Grand children in equal

proportions share and share alike and I direct

that when the youngest Grand child shall arrived at the age

of seven years then the residue of my estate which

shall remain shall be finally and fully distribu=

ted to said Grand children as provided for in this

Will

Sixth I do here by constitute and appoint my son

Wardell Parker executor of this my Last will and

Testament, here by revoking and annulling all

other wills by me made and declaring this and this

only as and for my Last Will and Testament

In Testimony whereof I have hereunto set my hand

and seal this 17th day of February A.D. 1871.

Peter Parker

Signed and sealed in our presence by the said Peter

Parker and by him declared to be his Last Will &

Testament and at his request we have signed

the same as witnesses there to in his presence and in

the presence of each other

John W Ladd

John D. Van Deman,

Codicil

I, Peter Parker being still of sound and disposing

mind and memory do here by make declare and

publish this as a Codicil to my said will above

executed on the 17th day of February A.D. 1871. I will

devise and bequeath to my said Wife in addition

to what I have granted her by my said will the

further sum of Four Hundred Dollars to be paid

her by my said executor in one year after my

death witness my hand and seal this 31st day

A.D. 1872.

Peter Parker

Signed Sealed and in our presence by the said

Peter Parker and by him declared to be a Codicil to

his last Will and testament and we at his request
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 206)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 206)

Description

[page 206]

[corresponds to labeled page 149 of Will Record Vol. 6 1876 - 1883]


149

Peter Parker's Will

have signed the same in his presence and in presence

of each other as witnesses there to

C.C. Chamberlain

J.D. Van Deman

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court John D

Van Deman the subscribing witness to the codicil to

the last Will and testament of Peter Parker deceased

who being duly sworn according to Law to speak 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 Peter Parker now deceased is

the will of the said deceased Peter Parker, that C.C.

Chamberlain now deceased was the other discribing

to the said Codicil that he was present and saw the

said C.C. Chamberlain now decd sign said

Will as witness and being well acquainted with the

handwriting of said C.C. Chamberlain decd recognizes

the same as his signature that they were present

at the execution of said Codicil to 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 Peter Parker deceased sign and seal and said

Codicil to said Will and heard him acknowledge the

same to be his codicil to said Last Will and Testament

that the said Peter Parker at the time of making signing

and sealing said Codicil to said will was of Legal age

of sound disposing mind and memory and under

no undue or unlawful restraint what so ever

J.D. Van Deman

Peter Parker

Sworn and subscribed in open court this 9th day of

January A.D. 1879.

F. B. Sprague

Probate Judge

Probate of Will

Personally appeared in open court John D. Van

Deman and John W. Ladd the subscribing witnesses

to the Last Will and testament of Peter Parker who

being duly sworn according to Law to speak the truth

and in relation to the execution of said Will, depose
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 207)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 207)

Description

[page 207]

[corresponds to labeled page 150 of Will Record Vol. 6 1876 - 1883]


150


say that the paper before them purporting to be the

last will and testament of Peter Parker deceased

is the Will of said deceased Peter Parker that they were

present at the execution of said will at the presence request

of the testator subscribed their names as wtness to the

same in his presence and that they saw the said

Peter Parker deceased sign and seal said will and

heard him acknowledge the same to be his last will

and testament that the said Peter Parker at the time of

making signing and sealing said will was of Legal

age of sound disposing mind and memory and

under no undue or unlawful restraint what so

ever J.D. Van Deman

J.W. Ladd

Sworn and subscribed to in open court this 9th day of

January A.D. 1879

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 208)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 208)

Description

[page 208]

[corresponds to labeled page 151 of Will Record Vol. 6 1876 - 1883]


151

The Last Will and Testament of Wm. P. Ried

January 30th 1879.

On this day the last Will and testament of

William P. Ried was duly admitted to Probate and record

F.B. Sprague

Probate Judge

Copy of the Will

On this sixth day of August in the year of our Lord

Eighteen hundred and seventy eight I Wm P Reid at

the city of Delaware Ohio, do make and publish this my

last will and testament

Item 1st I do give devise and bequeath to my beloved wife

Emmalette C. Reid to be hers absolutely all house hold goods

& furniture all carriage & vehicles all farming utensils horses

and cattle of which I may be the owner at my decease and

any and all other property of any description whatsoever

which may be connected with or used with the homestead

said homestead being the premises of about 35 acres in the

corporate limits of the city of Delaware Delaware County

Ohio, occupied by us and more particularly described in

the deed to my said wife

Item 2nd I do give devise and bequeath to my beloved daughter

Almarina R. Evans wife of Howard Evans the net income

to be paid to her annually by my Executors hereinafter

named, so long as she may live arriving from the sum of

Three thousand dollars to be invested by said Executors as in

their Judgement may be best and at the decease of my said

daughter the said $3,000 principal I will to be paid

her children & in case she leaves no issue surviving her

then the sum to be paid to her half brothers and sisters herein

after named. And when my said daughters husband

the said Howard Evans has paid to the said executors

the amount of his indebtedness to me now amounting

to some thing over fifteen hundred dollars, I give devise

& bequeath to her the said Almarina R Evans the said

sum to be paid over to her and also an equal sum to

be added thereto making the amount in this conditional

devise equal to double the amount of said indebtedness

& the whole there of to be held, invested, and managed by my

said Executors, and the net income there from to be

also paid over to my said daughter annually or as long

as she shall live and the principal thereof at her

decease to go to her children & in case she leaves no

issue surviving her to go to her half brothers & half sister
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 209)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 209)

Description

[page 209]

[corresponds to labeled page 152 of Will Record Vol. 6 1876 - 1883]


152

William P. Reid

hereinafter named

Item 3rd I give & bequeath all the residue of my estate

real and personal and in whatever form the same

may be in at my decease & which may be left after

paying my indebtedness and the expenses of settling my

estate and satisfying the bequests made in the foregoing

Items 1, 2 & 5th to be equally divided between my beloved

wife the said Emmalette C Reid and my Children

William P Reid Jr. - Charles C. Reid M. Closson Reid and

Isabella Reid to each the one fifth part thereof


The several shares which by this bequest may

arise to each of my said children I will and direct

to be held managed and controled by my executors

hereinafter named & the net proceeds there of to paid

annually to each of my said children so long

as that child may live & at His or her decease, the princi=

pal sum to be paid over absolutely to issue of said decd

child or if he or she have no issue, surviving him or her

then his or her share to be paid over to the heirs of said

deceased child, to be held or owned by said issue or

heirs absolutely

In case in the Judgement of my executors it should

be best to sell any real estate that may be included in

so much of this devise as relates to my said children

& reinvest the proceeds I here authorize & empower said

executors to sell at public or private sale & upon such terms

as they think advisable & deeds in fee simple to purchasers to

execute and deliver for said real estate or any part there

of

Item 4 I do here nominate constitute and appoint my beloved

wife the said His said Emmalette C Reid & my

esteemed friend Henry W Chamberlain Executors of this

my last Will and testament & ask and direct that

they may may not be required to give any bond as said

executors

Item 5th I give and devise to my beloved sister Catharine N Reid

a home with my wife and children & her board and

Lodging as a member of the family so long as she shall

live and that she be paid by my executors the sum of

sixty dollars annually so long as she shall live to be hers

absolutely,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 210)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 210)

Description

[page 210]

[corresponds to labeled page 153 of Will Record Vol. 6 1876 - 1883]


153

William P Reid

In testimony whereof I the said Wm P Reid at the city of

Delaware in the State of Ohio have on this sixth day of

August A.D. 1878 hereunto set my hand and seal,

William P. Reid {Seal}

Signed sealed & acknowledged by the said Wm P. Reid to be

his last Will and testament in our presence at his request

& in his presence & in presence of each other, signed by us

as witnesses thereto

Henry G Sheldon

Henry J. Eaton

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

Henry G. Sheldon and Henry J. Eaton the subscribing witnesses

to the last will and testament of Wm P Reid deceased

who being duly sworn according to Law to speak 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 William P Reid now deceased

is the Will of said deceased William P Reid, 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 said saw the said William P. Reid deceased

sign and seal said and heard him acknowledge

the same to be his last Will and testament that the

William P Reid at the time of making signing and

sealing said will was of legal age of sound disposing

mind and memory and under no undue or unlaw

ful restraint whatsoever

Henry G. Sheldon

Henry J. Eaton

Sworn to and subscribed to in open court this

30th day of January A.D. 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 211)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 211)

Description

[page 211]

[corresponds to labeled page 154 of Will Record Vol. 6 1876 - 1883]


154

Joshua Lehman's Will

February 19th 1878

On this day the last Will and testament

of Joshua Lehman was duly admitted to Probate

and record

F.B. Sprague

Probate Judge

Copy of the Will

In the name of the benevolent Father of all I Joshua

J Lehmon of Orange Township Delaware County Ohio

being of sound mind and memory and of legal age

do make and publish this my last will and

testament

Item 1st I desire all my just debts and funeral expenses to

be paid, and if necessary to sell real estate to pay

my debts or expenses, then a sufficient amount of

Real estate may be sold to pay such debts or expenses

2nd I give devise and bequeath to Sarah Lehman my beloved

wife for her use and benefit untill the youngest child

Lillie A shall arrive at the age of 21 years all my

property of any description

3rd I hereby nominate and appoint my said Wife Sarah

Lehman my executrix authorizing and empowering her

at any time after my decease either before or after my

youngest child Lillie A shall become of age as men=

tioned in Item No. 2 to sell as she may deem best my

real estate and make deeds for the same and reinvest

the proceeds in other real estate as to her may seem

suitable except that I direct that out of such proceeds she

pay to each of my nine children the sum of Four

hundred dollars, to be paid to the prorata, as fast

as the money from the sale of the real estate comes

into the hands of my said executrix

4th I hereby direct and request that no Inventory or

sale of any of my personal property be made by

order of court. leaving all such matters to the

discretion of my said wife, and I here by direct that

no bond be required of my said wife for the fulfilment

of any of the stipulations ha contained in this will,

having full confidence in her honesty and integrity to

comply with the bequests I have made & if my said

wife shall use any of her own money in payment of

my debts it shall be refunded her out of my estate
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 212)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 212)

Description

[page 212]

[corresponds to labeled page 155 of Will Record Vol. 6 1876 - 1883]


155

Joshua Lehman Will

5th In the event of the death of my said wife before having

complied with this will or before my youngest child comes

of age 21 I desire the appointment by court of some

competent person to take charge of and manage my estate

until said child Lilla A shall arrive at age 21 years

and not sell said real estate at any time before unless a

price about equal to what I paid for or Viz Fifty

dollars per acre can be obtained

6th In the event that my said wife shall survive to make

sale of my real estate as mentioned above and make

distribution as directed to my nine children then in

that event I direct that all that remains after the pay-

-ment of the same named shall belong to my said wife

in fee simple

7th In the event of the death of my said wife before

making sale of my real estate as here to for directed

I desire that in the distribution of the proceed of the

sale of my real estate my sons William and Charles

shall each be paid the sum of One thousand dollars

and the remainder to be equally divided among the

remaining seven children

In testimony whereof I have here unto set my hand and

seal this 21st day of March A.D. 1878

Joshua Lehman

Signed sealed and acknowledged in our presence, who

at his request and in his presence have hereunto set

our hands this 21st day of March 1878

John Chapman

Clara Sprague

Probate of Will

The State of Ohio Delaware Co } SS

Personally appeared in open court

John Chapman and Clara Sprague the subscribing

witnesses to the last will and testament of Lehman decd

who being duly sworn depose and say that the

paper before them purporting to be the last Will and

testament of Joshua Lehman now deceased is the

Will of said deceased Joshua Lehman, 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 that they saw the said

Joshua Lehman deceased sign and seal said will

heard him acknowledge the same to be his last will
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 213)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 213)

Description

[page 213]

[corresponds to labeled page 156 of Will Record Vol. 6 1876 - 1883]


156

James Haney's Will


and testament that the said Joshua Lehman at the

time of making signing and sealing said Will was

of Legal age of sound disposing mind and

memory and under no undue or unlawful

restraint whatsoever

Clara Sprague

John Chapman

Sworn to and subscribed in open court this 19th

day of February A.D. 1879

F.B. Sprague Probate Judge

====================================================


James Haney's Will

February 10th 1879

On this day the last Will and testament

of James Haney was duly admitted to probate and record

F.B. Sprague

Probate Judge

In the name of the benevolent father of all I James

Haney of the county of Delaware and state of Ohio, do

make and publish this my last Will and testament

Item 1st It is my wish that my funeral charges be paid

I give and devise to my wife Sarah all my property

Both real and personal estate, property moneys and credits

so long as she remain my widow. at her death

Item 2 I give and devise to my son John Haney Fifty dollars

in money

Item 3rd All the residue of my property both real and personal

I wish to be equally divided between my other

Children Ellen Jane Grubb, Albert Haney Robert Haney

and Amanda Clark

In testimony whereof I have here unto set my hand

and seal this 14th day of January A.D. 1876

his

James X Haney

mark

Signed and acknowledged by said James Haney as his last

will and testament in our presence and signed by us

in his presence

B. Willis

W.G. Watson
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 214)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 214)

Description

[page 214]

[corresponds to labeled page 157 of Will Record Vol. 6 1876 - 1883]


157

James Haney's Will

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

B. Willis and W.G. Watson the subscribing witnesses to the Last

Will and testament of James Haney deceased who being duly

sworn according to law to speak the truth in relation to the

execution of said will depose and say that the paper be-

fore them purporting to be the last will and testament

of James Haney now deceased is the will of the said

deceased James Haney, 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 James Haney deceased

sign and seal said Will and heard him acknowledge

the same to be his last will and testament: that the

said James Haney, at the time of making signing and

sealing said will was of full age of sound disposing

mind and memory and under no undue or unlaw

ful restraint what soever

G.W. Watson

B. Willis

Sworn to and subscribed in open court this 10th

day of February A.D. 1879

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 215)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 215)

Description

[page 215]

[corresponds to labeled page 158 of Will Record Vol. 6 1876 - 1883]


158

Edward Armstrong Will

on this January 20th 1879

On this day the last Will and

Testament of Edward Armstrong was duly

admitted to probate and record.

F.B. Sprague

Probate Judge

Copy of the Will

In the name of the benevolent father all I

Edward Armstrong do make and publish

this my last Will and testament


Item 1 It is my Will that all my just debts and charges

be paid out of my estate.

Item 2 I give and devise all the residue of my estate to

Mary my wife both real and personal to be hers

forever

I appoint and make the said Mary my wife

Executrix of this my last Will and testament

Signed and acknowledged by said Edward Armstrong

as his last Will and testament in our presence and

signed by us in his presence.

In testimony whereof I have hereunto set my

hand and seal this 25th of September 1877

his

Edward X Armstrong

mark

Witnesses: Jacob Baker: Elam Taylor)

Probate of Will

The State of Ohio Delaware Co } SS

Personally appeared in open court Jacob Baker and Elam

Taylor the subscribing witnesses to the last Will and testament

of Edward Armstrong who being duly sworn according to

law to speak 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 Edward Armstrong now

deceased is the will of said deceased E Armstrong who

died January 14th 1879. That they were present at the execution

of said will at the request of the testator subscribed their names

as witnesses to the same, in his presence and that they saw

him acknowledge the same to be his last Will and testament

that the said Edward Armstrong at the time of making signing

& sealing said will was of full age of sound disposing mind &

memory and under no undue restraint whatsoever

Jacob Baker

Elam Taylor
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 216)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 216)

Description

[page 216]

[corresponds to labeled page 159 of Will Record Vol. 6 1876 - 1883]


159


Last Will and Testament of Rosena [Rosenia] Altrock.

Sworn and subscribed in open court on this 20th day of

January A.D. 1879

F. B. Sprague
Probate Judge

Rosena Altrock's Will

January 31th 1879.

On this day the last Will and Testament of

Rosena Altrock was duly admitted to Probate and record

F.B. Sprague

Probate Judge

Copy of the Will

In the name of the Heavenly Father.

I Rosena Altrock now residing at Delaware Ohio

being of sound mind and memory do make & publish this

my last Will and Testament.

Item 1st I desire that all my just debts be first fully paid

out of my estate

Item 2nd It is my Will, and I give devise & bequeath to my

son William Altrock aged 7 years past, The Parlor

Organ now used at the family homestead. One

Bureau & One Bed Bedstead and the necessary &

usual bedding for the same, now at the same place

& I also give devise and bequeath unto my said son the

sum of One Thousand dollars to be paid to him

out of my estate at my death. I desire that at my

death my son in law Christian H Whittenger be

appointed and I also nominate him as guardian

of the person & property of my said son & as con=

sideration & compensation for the care expense and

trouble he may incur as such guardian I desire

and direct as follows, that is to say, I am about

to loan said Whittenger One Thousand dollars upon

mortgage security payable when said William Altrock

becomes of age or at his death with interest, now

if said Christian Whittenger keeps and cares for my

said son after my death & until he becomes of age the

said Whittenger is not to be charged with or compelled

to pay any interest on said note

Item 3rd I devise that the rest and residue of my estate after

paying the above bequests be equally divided among

my four children or their survivors.

In witness whereof I have hereunto set my
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 217)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 217)

Description

[page 217]

[corresponds to labeled page 160 of Will Record Vol. 6 1876 - 1883]


160

Last Will and Testament of Rosena Altrock

hand and seal this 6th day of June A.D. 1878 in

presence of my friends John Foller & Colestin Gerber

of Delaware Ohio

Rosena Altrock {Seal}

Signed and acknowledged by said Rosena Altrock as

her last will and Testament in our presence & signed by

us in her presence upon the date last above written as

witnesses at her request

John Foller

Colesten Gerber

Codicil to Will

Whereas I Rosena Altrock on the 6th day of June

1878 made my Last will and testament of that date

do hereby publish and decree the following to be a

Codicil to the same and direct it to be taken & considered

a part there of

Item 1st I do hereby give devise & bequeath to my said son

William Altrock and in addition to the bequest above

made to him, the following specified articles of

personal property to wit, The Parlor table One new

rag carpet Four cane bottomed chairs on Rocking

chair ( ) the Parlor Stove the sitting room Lace curtains

One Lutheran & three pictures or Likeness of himself &

One picture called Happy days of children

Item 2 I do hereby give devise and bequeath to my Daughter

Annie Altrock in addition to her share of my estate

as above stated, the following specific articles of

personal property to wit The Parlor Bed the Parlor

carpet & the parlor Lace curtains

Item 3rd I do hereby give devise & bequeath to my daughter Letta

Whittinger in addition to her share of my estate as

above stated the following specific articles of personal

property to wit The Parlor chairs & Parlor rocking chair

the parlor sofa The sitting room carpet the kitchen cup-

board & extension table

In Witness I have hereunto set my hand & seal this

1st day of October A.D. 1878

Rosena Altrock

Signed and acknowledged by said Rosena Altrock as

a codicil to and a part of her said Last Will and testament

in our presence & signed by us in her presence & in presence

of each other as witnesses at her request on the day last

aforesaid & we certify that the reasion in the last
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 218)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 218)

Description

[page 218]

[corresponds to labeled page 161 of Will Record Vol. 6 1876 - 1883]


161

Line of the second Item & the 3d Item written upon the

margin of the were were third page were written before

signing by said Rosena Altrock



F.M. Joy

F.M. Marriott

Probate of Will.

The State of Ohio Delaware County } SS. Probate Court

Personally appeared in open court John

Foller The subscribing witnesses to the

Last Will and testament of Rosena Altrock deceased

who being duly sworn according to law to speak the

truth in relation to the execution of said Will depose &

say that the paper before them purporting to be the last Will

and testament of Rosena Altrock deceased is the the Will

of said deceased Rosena Altrock, that they were present

at the execution of said Will at the request of the testator

subscribed their names as witnesses to the same in her

presence and that they saw the said Rosena Altrock

deceased sign & seal said Will & heard her acknowledge

the same to be her Last Will & testament, that the said

Rosena Altrock at the time of making signing & sealing

said was of full age of sound disposing mind & mem=

ory & under no undue or unlawful restraint whatsoever

Colestin Gerber

John Foller

Sworn & subscribed to in open court this 31st day of

January A.D. 1879.

F. B. Sprague Probate Judge

Probate of Will

The State of Ohio Delaware County } SS Probate Court.

Personally appeared in open court F.M. Marriott

& F.M. Joy the subscribing witnesses to the codicil to the

Last Will & testament of Roseana Altrock deceased who

being duly sworn according to law to speak the truth in

relation to the execution of said Will depose and say

that the paper before them purporting to be a codicil to

the last Will & testament of Roseana Altrock deceased

is the codicil to the last Will & testament of Roseana

Altrock deceased, that they were present at the exe=

cution of the codicil to said Will, subscribed their names

to the same as witnesses in her presence and that they

saw the said Roseana Altrock deceased sign & seal said

codicil to said Will and heard her acknowledge the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 219)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 219)

Description

[page 219]

[corresponds to labeled page 162 of Will Record Vol. 6 1876 - 1883]


162

Last Will and testament of John Walker

codicil to her last Will & testament, that the said

Roseana Altrock at the time of making signing and

sealing said codicil to said Will, was of legal age

of sound disposing mind & memory & under no undue

or unlawful restraint whatsoever

F.M. Marriott

F.M. Joy

Sworn to & subscribed in open court this 31st day of

January A.D. 1878

F.B. Sprague Probate Judge

=========================================================


John Walker's Will

In the name of the Heavenly Father

I John Walker, in f view of the uncertainty of

Life and the certainty of death do make and

publish this my last Will & testament

Item 1st I direct that all my just debts & funeral expenses

be paid

" 2nd I bequeath unto my beloved wife Jane Patrick Walker

in lieu of her dower the use of One half of all the

Real & personal property that we have acquired to-

gether, during her natural life

" 3rd I direct that the other half of the property we acquired

together and all that may fall to one of my fathers

estate be equally divided between my five children

to wit Louisiana Charles Julia Joseph & Nellie except as

herein after provided) the division to take place when

the said Joseph becomes twenty one years of age or

July 14th 1890.

" 4 I direct that any amount that may be realized

from my life insurance be included in items 2 & 3

5 I direct that as my daughter Louisiana has had Seventy

five dollars of an out set the other children, have a like

amount of seventy five dollars before Louana get any

and that it be paid to them by my executor at their

marriage should any of them marry before the

division takes place

" 6th I direct my executor or executors to invest so much of

the money as they may receive out of my estate as

may be necessary for the farm near Sunbury
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 220)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 220)

Description

[page 220]

[corresponds to labeled page 163 of Will Record Vol. 6 1876 - 1883]


163

John Walker. Will

Known as the F F Carpenter farm and any & all other monies

they may receive out of my estate be by them invested in

other land for the benefit of my wife & children as directed

in Items 2 & 3

Item 7 I direct that at the death of my said Wife all the money

or property held by her belonging to my estate be equally

divided among my five children or their legal heirs

" 8 I here by nominate & appoint Charles Patrick & E.H. Dent

Executors of this my Last and testament & in case of

the death disability or refusal to serve of either of the said

executors Joseph Patrick is appointed executor in the

place of his father & Frank P Dent is appointed in the place of his father

& I desire the court not to require

any bail appraisement or sale of either of the afore named

executors but to confirm their appointment & issue their

letters at their request.

Item 9 I hereby appoint Charles Patrick trustee to advise with

and transact business for and with my said wife

Item 10th I hereby appoint S.H. Dent Guardian for my four children

Charles Julia Joseph & Nellie until they respectively

arrive of age

ll In case of Death or disability of either the said

Charles Patrick or E.H. Dent I desire Joseph Patrick &

Frank P Dent to take the place of their fathers and

that no bail sale or inventory be required of any of

them

In testimony where of I have hereunto set my hand and

seal this 10th day of July, A.D. 1878

John Walker

Signed & Sealed in presence of us

Joseph Patrick

F.P. Dent

Codicil to Will

I hereby authorize & direct as my executors or the Guardian to

use so much of the rents interests or profit accruing from

my estate as may be necessary for the support of my family

and if necessary five hundred dollars of the principal

Witness my hand and seal July 12th 1878

John Walker

F.P. Dent

Florence M. Dent

Codicil to Will

If any of my children demand their share in my life

insurance money before the division directed by the Third Item

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 221)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 221)

Description

[page 221]

[corresponds to labeled page 164 of Will Record Vol. 6 1876 - 1883]


164


of this my Will, that shall be all sd said heir or heirs so demand=

ing shall ever receive in or for said first division

Witness my hand & seal this 5th day of December A.D.

1878.

John Walker

Witness Celia Dent

Florence M. Dent

Probate of Will

The state of Ohio Delaware County } SS

Personally appeared in open court F.P. Dent

& Joseph Patrick the subscribing witness to the last will

& testament of John Walker deceased who being sworn

according to law to speak the truth in relation to the

execution of said will, depose & say that the paper

before them purporting is to be the to be the last will &

testament of John Walker deceased is the Will of said

deceased John Walker that they were present at the execu=

tion of said will at the request of the testator subscribed

their names as witnesses to the same in his presence and

that they saw the said John Walker deceased sign & seal

said will and heard him acknowledged the same to be

his last will and testament: that the said John Walker at

the time of making signing & sealing said Will was of

legal age of sound mind and memory and under no

undue restraint whatsoever

F.B. Dent

Joe Patrick

Sworn to and subscribed in open court by F B Dent & by Joe

Patrick Feb 8th 1879. this 1st day of Feb.

F. B. Sprague Probate J

Probate of Will

The State of Ohio Delaware County } SS

Personally appeared in open court

F.P. Dent & Florence Dent subscribing witnesses to the Codicil

of the last will and testament of John Walker deceased who

being duly sworn according to law to speak the truth

in relation to the execution of the 1st codicil to said

will, depose & say that the paper before them purporting

to be the codicil to Last will & testament of John Walker

deceased is the 1st codicil to the will of said John

Walker that they were present at the execution of the

1st codicil to Will at the request of the testator subscribing

their names to the same as witnesses in his presence

that they saw the said John Walker deceased sign and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 222)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 222)

Description

[page 222]

[corresponds to labeled page 165 of Will Record Vol. 6 1876 - 1883]


165


seal said 1st codicil to said Will, and heard him acknow-

ledge the same to be his 1st codicil to last Will & testament

that the said John Walker at the time of making signing

& sealing said codicil to said will was of legal age of

sound mind & memory and under no undue or unlaw-

ful restraint whatsoever

F.P. Dent

Florence Dent

Sworn to and subscribed in open court this First day of

February A.D. 1878

F. B. Sprague Probate Judge

Probate of Will

The State of Ohio Delaware Co } SS

Personally appeared in open court Celia Dent

One of the subscribing witnesses to the 2d codicil of the

Last Will and testament of John Walker deceased who

being duly sworn according to law to speak the truth in

relation to the execution depose & say that the paper

before her purporting to be the last will and testament

of John Walker is the 2d codicil to the Last will of

said deceased John Walker, that she was present at the

execution of said 2d codicil to said Will, subscribed

her name as witness to the same in his present and

that she saw the said John Walker sign & seal said

2d codicil to said wl will, and heard him acknow

ledge the same to be his codicil to his Last Will & testament

that the said John Walker at the time of making signing

and sealing said Will was of Legal age of sound disposing

mind & memory & under no undue or unlawful

restraint whatsoever

Celia H. Dent

Florence M. Dent

Sworn to & subscribed in open court this 27 day of

January A.D. 1878

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 223)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 223)

Description

[page 223]

[corresponds to labeled page 166 of Will Record Vol. 6 1876 - 1883]


166

Jacob A Brown's Will

On the 26th day of February A.D. 1879 the last will

and testament of Jacob A Brown was presented for and

duly admitted to Probate & record as the duly proved

last will & Testament of Said Jacob A Brown decd

See Journal 5 Page 278

F.B. Sprague Probate Judge


Copy of the Will


In the name of the Benevolent Father of all, I

Jacob A. Brown of Delaware County Ohio do make

and publish this my last will and testament

I do give and devise to my beloved wife

Nancy A. Brown, All of my real estate and

the personal property belonging to my estate

including all notes, bonds, moneys, dues

and claims of whatever description.

She however paying therefore all of my just

debts. I do give and devise all of my

estate aforesaid to my wife to use and control

the same as I might do if living, as to

the principal and income of my estate, to use in

her maintenance and support as she may consider

proper of principal and income of my entire estate.


At the decease of my said wife Whatever remains

of my estate unconsumed and unexpended both

real and personal, I do give the income thereof

to my daughter Annabella Brown, Addie Brown

Frankie Brown Emma Brown and Minnie Brown, at

this time single and unmarried, hereby limiting the

use of my said estate to item in the following

manner to wit: Each of my said daughters to share

alike in the income of my said estate so long as

they may remain unmarried, but in the event of

any of my said daughters becoming married the

said income of my said estate shall from that

time pass equally to my said daughters that remain

unmarried and so on according to this arrangement

my unmarried daughters taking the income of my

said estate until their marriage respectively. My

object in making this provision is not to restrain
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 224)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 224)

Description

[page 224]

[corresponds to labeled page 167 of Will Record Vol. 6 1876 - 1883]


167

Jacob A Brown's Will

My said daughters from marriage but to make provisions

for those who may not have other protection or means

of support than herein provided.

After my said wife decease, and at such time as all

of my Said daughters surviving have become married,

then all of that remains, my estate unconsumed and

unexpended, Shall be equally divided between my children

all of them to wit: Beverly, Oliver, Arrabella, Addie and

Frankie, Emma and Minnie forever.


I do hereby nominate my said wife Nancy A. Brown

as executrix and William Graham executor of this

my last will and testament, And I do hereby exonerate

and excuse them from giving bonds as such, and

request that the probate Court order the ommission of bonds

I do hereby revoke all former wills by me made, in

testimony whereof I have herewith set my hand and

seal this 31st day of May A.D. 1876.

Jacob A. Brown. {Seal}

Signed Sealed and acknowledged by Jacob A. Brown as

his last will and testament in our presence and

by us in his presence.

A. W. Graham

William Graham

I Jacob A. Brown of Delaware Ohio do declare this to be

a codicil to my last will and testament made the

31st day of May 1876, within to wit: At the time designated

in my Said will for final distribution of my estate,

I do by this codicil give and devise one twelfth of

my estate only to my son Beverly W. and one twelfth

paid of my estate to my daughter Arrabella McDougall

and the remainder of my estate to be divided equally

between my daughters Addie, Frankie, Emma and Minnie,

As regards my son Oliver A. Brown at his request

I revoke any devise made to him out of my estate

he having received his share already out of my estate

to his satisfaction. In witness where of I have set

my hand and seal this 24th day of May 1878.

Signed, Sealed and acknowledged by Jacob A. Brown

as a Codicil to his last will and testament and

by us signed in presence and by him signed in our

presence

William M. Graham

A. W. Graham William Graham
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 225)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 225)

Description

[page 225]

[corresponds to labeled page 168 of Will Record Vol. 6 1876 - 1883]


168

Jacob A. Brown's Will.

Proof of Will

The State of Ohio Delaware County.

Personally appeared in open Court

A.W. Graham and William Graham, and Codicil them

to the subscribing witness to the last will and testament

of Jacob A. Brown deceased, who being duly sworn,

according to law to speak the truth, the whole truth

and nothing but the truth, in relation to the execu-

tion of said will, and codicil depose and say that

the paper before them purporting to be the last will and

testament and codicil of Jacob A. Brown now deceased

is the will and testament thereto of said deceased.

Jacob A. Brown

That they were present at the execution of said will

codicil at the request of the Testator, subscribed their

names to the same as witnesses in his presence, and

that they saw the said Jacob A. Brown deceased sign

and seal said will and heard him acknowledge the

same to be his last will and testament; with the codicil

that the said Jacob A. Brown at the time of making

signing and sealing said will, and codicil was of

legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever,

William Graham

A.W. Graham

Sworn to and subscribed in open Court this 26th day

of Feb A.D. 1879.

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 226)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 226)

Description

[page 226]

[corresponds to labeled page 169 of Will Record Vol. 6 1876 - 1883]


169

Jonas Rasher's Will

On this day March 12th 1879, the last will and testament of

Jonas Rasher decd was presented and duly proved and admitted

to Probate, as the last will and testament of Jonas Rasher decd

See Journal 5 Page 289.

F. B. Sprague Probate Judge

Copy of the Will.

In the name of the Benevolent Father of all: I Jonas Rasher

of the County of Delaware Co. O. do make and publish this

my last will and testament.

1st I give and devise to my beloved wife, in lieu of her dower

the farm on which we now reside, situated in the Township

Delaware County Ohio, containing about thirty three and one third

acres, during her natural life, or remains my widow and

all the stock, household goods, furniture, provision and the

goods and chattels which may be thereon, at the time of

my decease, during her natural life, or remains my widow

as aforesaid (She however selling so much thereof as

may be sufficient to pay my just debts. & the death

or intermarriage of my said wife, the real estate afore-

said, I give and devise to my daughters, Sady J. Risher

and Emma D. Rasher, Provided however that at the

death or intermarriage as aforesaid of my said wife,

one third of the appraised value of said real estate shall

be equally divided between my daughters Eliza M.

Martin and Nancy Baker.

Item 2nd I do hereby nominate and appoint S. Martin, Guardian

of my daughter Sady J. Rasher and Emma D. Rasher

until they arrive at the age of eighteen years.

Item 3rd I do hereby nominate and appoint Lemuel Main 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. J. Rasher {Seal}

Signed and acknowledged by said Jonas Rasher as his last

will and testament in our presence; and signed by us in

his presence

Larenia Ingmire {Seal}

Jone Ingmire


Due Feb 23rd 1879.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 227)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 227)

Description

[page 227]

[corresponds to labeled page 170 of Will Record Vol. 6 1876 - 1883]


170

Jonas Rasher's Will

Probate of Will.

The State of Ohio, Delaware County Probate Court.

Personally appeared in open Court,

Larenia Ingmire and Jone Ingmire, the subscribing

witnesses to the last will and Testament of Jonas Rasher

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 Jonas Rasher, now deceased,

is the will of said deceased,

Jonas Rasher.

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 Jonas Rasher deceased, sign and seal said

will, and heard him acknowledge the same to be his last

will, and Testament; that the said Jonas Rasher at the

time of making, signing and sealing said will, was of

legal age and of sound and disposing mind and memory,

and under no undue or unlawful restraint whatsoever.

Larenia Ingmire

Jone Ingmire,

Sworn to and subscribed in open Court this 12th day

of March A.D. 1879.

F.B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 228)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 228)

Description

[page 228]

[corresponds to labeled page 171 of Will Record Vol. 6 1876 - 1883]


171

John Stimmel's Will

Feb 26th 1879.

On this day the last will and testament of John Stimmel decd

was presented for and duly admitted to Probate and Record.

as the duly proved last will and testament of said John

Stimmel decd

See Journal 5 Page 279.

F. B. Sprague

Probate Judge.

Copy of Will.


In the name of the Benevolent Father of All.

I John Stimmel of Delaware, Delaware

County Ohio, do make and publish this my last will and

testament hereby revoking all former wills, or writing in the

nature of last wills by me made.

1st. I direct that all my just debts and funeral expenses be paid

2nd. I direct that my executors hereinafter named shall convert

all my real estate and personal property not otherwise

herein disposed of into money. as soon after my decease

as can reasonably be done for the interest of my estate.

3rd. I desire and bequeath unto my beloved wife Caroline

Stimmel in lieu of her dower and years support, and

also in lieu of the laws allowance of Household goods,

The carpet in the front room of the house we now occupy

the chairs and looking glass in said room, one bed, bedstead

and bedding to be selected by her, also the carpet in the

front room up stairs, the table in the sitting room, and

such articles of kitchen furniture and table ware as she may

need for her benefit, 200 pounds of pork, shoulders and

hams as she may select and such canned fruit and

provision as she may select from the amount now on hand

and $100 in money.

4th. I direct that my said wife in addition to the foregoing

shall have the interest arising from one third of the proceeds

of the sale of my real and personal property, during her

natural life to be paid to her as hereinafter directed.

5th. Upon the decease of my said wife, I direct that portions

of my estate set apart for her use, be equally divided

among my children (except that my grand child Ida H

Getz shall have $50 of said portion before division is made

and no more), and the children of my said wife by her

former husband.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 229)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 229)

Description

[page 229]

[corresponds to labeled page 172 of Will Record Vol. 6 1876 - 1883]


172

John Stimmel's Will.

6th I direct that all the residue of my estate be equally divided

among my children now living, except that Ida H. Getz,

my granddaughter aforementioned shall have the

sum of $600. before division is made as directed above,

and also that my daughter Mary Ida Stimmel shall

also have $50 before division is made as above directed.

7th. I hereby nominate and appoint my friends J.S. Slough and

Jacob Klee, Trustees to take charge of the portion of my

estate set apart for my said wife, and my said daughter

Mary Ida Stimmel and my granddaughter Ida H Getz,

to invest said funds to the best possible interest, and

to pay on to my said wife, and my said daughters semiannually

the interest arising therefrom, and to retain until my said

granddaughter shall arrive at the age of eighteen years both

principal and interest of her portion, and then pay one

to her, The whole sum so accumulated, Said Trustees shall

give Bonds and be paid such reasonable compensation upon

the settlement of their accounts as the Court shall direct.

8th. I hereby nominate and appoint Daniel Stimmel and Burnneville

Harner Executors of this my last will and testament,

authorizing them to sell and make deeds for my real estate

without order of Court. They shall also, until my real estate is

disposed of, pay granddaughter Ida H. Betz, shall have $650

of my estate and no more and in case of her death before majority

one half to return to the estate. In testimony whereof I have

herewith set my hand and seal this 21st day of Jan 1879.

John Stimmel {Seal}

Signed and sealed and acknowledged by said John Stimmel

as his last will and Testament in our presence and signed

by us at his request and in his presence

John Vogt {seal}

Benjamin McPherson {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 230)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 230)

Description

[page 230]

[corresponds to labeled page 173 of Will Record Vol. 6 1876 - 1883]

173

John Stimmel's Will,

Probate of Will.

The State of Ohio

Delawware County, Probate Court.

Personally appeared in open Court Benjamin

McPherson, and John Vogt,

the subscribing witnesses to the last Will and Testament of

John Stimmel 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 John Stimmel now

deceased, is the will of said deceased,

John Stimmel.

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 John Stimmel deceased, sign and

seal said will, and heard him acknowledge the same

to be his last will and Testament; that the said

John Stimmel at the time of making, signing and

sealing said will, was of legal age and of sound and

disposing mind and memory, and under no undue

or unlawful restraint whatsoever,

J. Vogt.

B. McPherson

Sworn to and subscribed in open Court, this 26th day

of Feb. A.D. 1879.

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 231)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 231)

Description

[page 231]

[corresponds to labeled page 174 of Will Record Vol. 6 1876 - 1883]

174

Bazel Waters Will

April 25th 1879

On this day after due notice being given all the heirs

resident in the state according to law the last will

and testament of Bazel Waters late of Brown

Township Delaware County Ohio was duly proved

and admitted to Probate & record

F. B. Sprague Probate Judge


In the name of the Benevolent Father of All, I Bazel

Waters 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 Mary Etta Waters

in lieu of her dower all that tract or parcel of land

described as follows, to wit: All of lot No 23 in Section

One, Township No 5, Range No 18, except the west part

that is deeded to John Waters, Supposed to be about 55 acres

to be held by my said wife during her natural life or so

long as she may remain my widow, in case she

should intermarry: then said dowry shall cease,

I also give and bequeath my said wife five hundred

dollars in money, one horse saddle and bridle and two

cows, and buggy and all the household and kitchen

furniture.

Item 2nd I have hereto fore given to my son Basil Waters, now

deceased the Sum of four hundred dollars, I now give

and bequeath to his heirs the sum of two hundred.

Item 3rd I give and bequeath to my daughter Mary Keasey the

Sum of One hundred dollars.

" 4th I give and bequeath to my son Robert Waters the

sum of three hundred and twenty seven dollars

" 5th I give and bequeath to my son John Waters all the

farming utensils, I may have at my decease, Also

at the decd of my said wife - The real estate, devised

to her in lieu of dower.

" 6th After paying off the legacies above mentioned and paying

all my just debts and funeral expenses, if there should

be any moneys or effects left it is my will and de-

sire that it shall be equally divided, between my son

Robert Waters and my son John Waters, and said wife

Maryetta Waters.

" 7th I do hereby nominate and appoint my son John Waters

Executor of this my last will and testament, and I desire

that no appraisement or no public sale be made
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 232)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 232)

Description

[page 232]

[corresponds to labeled page 175 of Will Record Vol. 6 1876 - 1883]

175

Bazel Waters Will,

of my personal property, In testamony whereof, I set my

hand and seal this 25th day of March A.D. 1869.

Signed and acknowledged by said Bazel Waters {Seal}

Bazel Waters as his last will and testamony in our presence

and signed by us in his presence

Wm Williams {Seal}

Salina Williams {Seal}

Whereas I Bazel Waters on the 25th day of March A.D. 1869,

made my last will and testament of that day, do hereby declare

the following to be a codicil to the same, and whereas since

the date of that will, my son Robert Waters has died leaving

no children, and now I do hereby give and bequeath all

the monies and effects in said will, bequeathed to said

Robert Waters now deceased, To my said wife Maryetta

Waters, and my son John Waters to be equally divided

between them.

In witness whereas I have hereunto set,

my hand and seal this 17th day of Oct 1876.

Bazel Waters {Seal}

Signed and acknowledged by said Bazel Waters as a

Codicil to his last will and testament, in our presence

and signed by us in his presence,

Wm. Williams {Seal}

Salina Williams {Seal}

Probate of Will.

The State of Ohio

Delaware County Probate Court.

Personally appeared in open Court William

Williams and Salina Williams.

The subscribing witnesses to the last will and testament & codicil unto

of Bazel Waters deceased, who being duly sworn according

to law to speak the truth, the whole truth, and nothing

but the truth, in relation to the last will and testament

& Codicil of Bazel Waters, now deceased, is the will & Codicil of

said deceased, Bazel Waters

Bazel Waters {Seal}]

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 233)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 233)

Description

[page 233]

[corresponds to labeled page 176 of Will Record Vol. 6 1876 - 1883]

176

Bazel Waters Will

That they were present at the execution of said will & Codicil,

at the request of the Testator, subscribed their names

to the same as witnesses, in his presence, and that

they saw the said Bazel Waters deceased, sign and

seal said will & Codicil and heard him acknowledge the same

to be his last will and Testament & Codicil; that the said

Bazel Waters at the time of making, signing and

sealing said will & Codicil, was of legal age and of sound and

disposing mind and memory, and under no undue or

unlawful restraint whatsoever.

Wm. Williams {Seal}

Salina Williams {Seal}

Sworn to and subscribed in open Court, this 25th day

of April A.D. 1879.

F.B. Sprague

Probate Judge
======================================================

Smith Slawson's Will.

April 29th 1879.

On this day the last will and testament of Smith Slawson

deceased, was presented and duly proved and admitted to

Probate, as the last will and testament of Smith Slawson

decd See Journal 5 Page

F. B. Sprague

Probate Judge

Copy of Will.

In the name of the Benevolent Father of all, I Smith Slaw-

son of the County of Delaware and State of Ohio, being

of sound and disposing mind, memory and understanding,

do make, publish and declare this to be my last will and

testament, hereby revoking and making null and void all

former last wills and testaments and writing in the nature

of last wills and testament by me heretofore made.

My will is first, that all of my just debts and funeral

charges shall be paid by my executor 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 expense attending the execution of this my

will, I give devise and dispose of as follows:

I give and bequeath to my daughter Mary Ann Whipple

fifty dollars to be paid to her by my executor hereinafter

named within one year after my decease.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 234)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 234)

Description

[page 234]

[corresponds to labeled page 177 of Will Record Vol. 6 1876 - 1883]

177

Smith Slawson's Will

I give and bequeath to my son Samuel Slawson, Two hundred dol-

lars to be paid to him by my said executor, within one year

after my decease.

I give and bequeath to each of my grandchildren - Frank Slawson,

Albert Slawson, and Abram Slawson, the sum of two hundred

dollars to be paid by my executor hereinafter named to each

of my said grandsons, when he arrives at the age of

twenty one years, and it is my will further that my executor

shall safely invest in such a manner as he may deem best

the legacies above so bequeathed to my said grandsons,

Frank, Albert and Abram, the same to be at interest not

less than the legal rate.

And it is my will that should any or all of my said grandsons

Frank, Albert, and Abram Slawson, live to the age of twenty one

years before my decease, my executor hereinafter named shall

pay to such of my said named grandsons, Frank, Albert and

Abram Slawson, as may become of the age of twenty one

years before my decease, his or their legacies hereinafter

devised and bequeathed, being two hundred dollars to each,

within one year after my decease.

And it is my will futher that should either one of my

said grandsons, Frank, Albert & Abram Slawson, die before

my decease, the legacies hereinafter devised and bequeathed to

him or them, being two hundred dollars to each shall

be paid to the said named grandsons surviving my decease

in equally proportions and should but one of my said grandsons

above named survive my decease, Then it is my will that

the legacies of the other two hereinafer bequeathed being

$200, each shall be paid to the said grandson, who

survives my decease, under the provision of this will as here-

inbefore expressed,

I give devise and bequeath all the rest and residue of my property

and estate of which I shall be seized and possessed as to

which I shall be entitled at the time of my decease, to my

son William Slawson, to have and to hold the same to him

and to his heirs, executors administration and assigns to.

And I do nominate and appoint my said son William Slawson

to be the sole executor of this my last will and testament.

And it is my devise that my executor himself appointed

my executor this my last will and testament without giving

bond. as such executor and it is my further desire

that there shall be no appraisement and sale of my

property, personal or estate for the purpose of execution
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 235)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 235)

Description

[page 235]

[corresponds to labeled page 178 of Will Record Vol. 6 1876 - 1883]

178

Smith Slawson's Will

of this my last will and testament

In testamony whereof I the said Smith Slawson, have here

unto subscribed my name and affixed my seal.

This 3rd day of Feb A.D. 1870.

Smith Slawson {Seal}

Signed sealed and declared by the said Smith Slawson

to be his last will and testament in the presence of us,

who at his request and in his presence, have subscribed

our names as witnesses hereto, in the presence of each other.

H.V. Powers {Seal}

A.I. Moses {Seal}

Dated April 8th 1879.

Probate of Will

The State of Ohio

Delaware Co. Probate Court.

Personally appeared in open Court Henry V. Powers

and A.I. Moses, the subscribing witnesses to the last will and

testament of Smith Slawson deceased, who being duly sworn accord-

ing 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 Smith Slawson now deceased, is the

will of said deceased Smith Slawson, 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 Smith Slawson decd

sign and seal said will, and heard him acknowledge the

same to be his last will and testament; that the said

Smith Slawson at the time of making, signing and sealing

said will, was of legal age and of sound disposing mind and

memory, and under no undue or unlawful restraint whatsoever.

A.I. Moses

H. V. Powers.

Sworn to and subscribed in open Court, this 26th day

of April A.D. 1879.

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 236)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 236)

Description

[page 236]

[corresponds to labeled page 179 of Will Record Vol. 6 1876 - 1883]

179

James Penn's Will

Oct 21st 1878.

On this day the last will and testament of James Penn deceased

was presented and duly proved and admitted to Probate as

the last will and testament of James Penn decd

See Journal 5 Page.

F. B. Sprague

Probate Judge

Copy of the Will.


In the name of the Benevolent Father of all, I James Penn of

Scioto Township, Delaware County Ohio, do make and publish this

my last will and testament.

Item 1st I give and devise to my beloved wife Margaret in lieu of

her dower and in lieu of her years support under the law

all of my Real Estate and all stock, household goods and

chattels, moneys, credits and personal property of every discrip-

tion, whatsoever during her natural life, She however selling

so much thereof as may be sufficient to pay my just

debts and so much thereof as may be necessary for her

support during her natural life. At the death of my

said wife I desire that whatever of said property, real and

personal of every kind as aforesaid, shall be converted

into money and the money on hand and the money aris-

ing from such sale or conversion of property shall be equally

divided between my two daughters, Namely, Mariam White and

Lydia Johnson. The rest of my children I have received at my

hand all that I intend for them to have.

Signed and acknowledged by said

James Penn as his last will } In testimony where of I have

Joseph H. Rittenhouse } hereunto set my hand and

T. Mangans and } seal this 18th day of May

Testament in our presence } A. D. 1878.

and signed by us in } his

his presence. } James X Penn {Seal}

mark
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 237)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 237)

Description

[page 237]

[corresponds to labeled page 180 of Will Record Vol. 6 1876 - 1883]

180

James Penn's Will

Probate of Will

The State of Ohio

Delaware Co. Probate Court

Personally appeared in open Court Joseph H.

Rittenhouse and Tobias Mangans.

The subscribing witnesses to the last will and Testament of James

Penn 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 James Penn now deceased, is the will of said deceased,

James Penn, 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 James Penn deceased, sign and seal said will, and

heard him acknowledge the same to be his last will and tes-

tament; that the said James Penn at the time of making

signing and sealing said will, was of legal age and of sound

and disposing mind and memory, and under no undue

or unlawful restraint whatsoever. }

Sworn to and subscribbed in open } J. H. Rittenhouse

Court by T. Mangans, this } T. Mangans

29th day of April 1879. } Sworn to and subscribed in

F. B. Sprague } open court, this 26th of Oct

Probate Judge } A. D. 1878.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 238)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 238)

Description

[page 238]

[corresponds to labeled page 181 of Will Record Vol. 6 1876 - 1883]

181

Nicholes Money's Will.

May 6th 1879.

On this day the last will and testament of Nicholes Money decd was

presented and duly proved, and admitted to "Probate" as the last will

and testament of Nicholes Money decd See Journal 5 Page.


Copy of the Will


In the name of the Benevolent Father of all: I Nicholes Money

of Thompson Township of the County of Delaware, and State of Ohio

being of lawful age and of sound mind do make and publish this

my last will and testament.

Item 1st It is my wish and desire that all my honest debts should be

paid.

" 2 " I give and devise to my beloved wife Margaret J. Money the

Sum of Five Hundred dollars over and above what the Laws

of the State of Ohio, provides for a widow to have it being the

amount she invested in the building or house in which we now reside

" 3 " I give and devise to my Daughter Margaret J. Money the Sum

of One Thousand Dollars, to be paid to her or her guardian out

of my personal property by my executor hereinafter mentioned.

" 4 " It is my wish and desire that my executor shall dispose of all

my personal property and collect all claims due me and first

pay my debts as above specified, and second to pay the be-

quests above mentioned, and the overplus if any to pay it

over according to law.

" 5 " I do hereby nominate and appoint my beloved wife Margaret

J. Money Guardian of my Daughter Margaret J. Money.

" 6 " I hereby prohibit and forbid my soninlaw Geo C. Welsh

from being my executor under any circumstances whatever of

this my last will and testament.

" 7 " I hereby nominate and appoint Henry Cain of Prospect Marion

Co, Ohio, Executor of this my last will and testament.

" 8 " I hereby revoke all former wills by me made In testimony

whereof I have herewith set my hand and seal, this 8" of April 1879

Nicholes Money {Seal}

Signed and acknowledged by Said Nicholes Money, as his last

will and testament, in our presence and signed by us in his

presence.

James Smith

Dr R M Connell

John F. Money.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 239)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 239)

Description

[page 239]

[corresponds to labeled page 182 of Will Record Vol. 6 1876 - 1883]

182

Nicholes Money's Will

Probate of Will

The State of Ohio

Delaware Co. Probate Court.

Personally appeared in open Court J.F. Money

the subscribing witness to the last will and testament of

Nicholas Money 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 him purporting to be the last will and tes-

tament of Nicholes Money, now decd, is the will of said decd

Nicholes, That he was present at the execution of said Will, at the

request of the testator, Subscribed his name to the Same as wit=

ness in his presence, and that he did not see the said Nicholes

Money decd, sign and seal said will, but heard him acknowledge

the same to be his last will and testament; that the said Nicholes

at the time of making, Signing and Sealing said will, was of

legal age and of sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever.

John F. Money

Sworn to and Subscribed in open Court, this 6th of May 1879.

F. B. Sprague

Probate Judge

Probate of Will.

The State of Ohio

Delaware Co. Probate Court

Personally appeared in open Court, R. W. Connell one of the

subscribing witnesses to the last will and testament of N. Money decd

who being duly sworn according to law to speak the truth, and the whole

truth and nothing but the truth, in relation to the execution of said

will, depose and say that the paper before him purporting to be the last will

and testament of N. Money decd is the will of said N. Money decd

that he was present at the execution of said will at the request of the

testator subscribed his name to the same as witness in his presence

and that he saw the said N. Money decd Sign and seal said will, and

heard him acknowledge and same to be his last will and testament,

that the said N. Money at the time of making, signing, and sealing

said will was of legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

R W. Connell.

Sworn and subscribed in open Court the 6th of May 1879.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 240)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 240)

Description

[page 240]

[corresponds to labeled page 183 of Will Record Vol. 6 1876 - 1883]

183

Joseph Fisher's Will

May 14th 1879

On this day the last will & testament of Joseph Fisher decd

was presented for Probate & record & duly proven as such last

will & testament by the oaths of John Vogt & John J. Rieder

the subscribing witnesses & ordered recorded as such.

F.B. Sprague Probate Judge

Copy of the Will

In the name of God the Father & the Son & the Holy Ghost.

Seeing that my life on earth is nearly ended While I am yet

in the possession of all my mental faculties I make this my

last will & testament

1st I provide and order that after my decease my body be properly

and in a christian way burried

2 Out of my estate which I have my personal expenses & doctor

Bill and all I may owe shall be paid

3 And all that remains of my estate after such debts are paid

I give & bequeath to Wm Sebastian Shoub in consideration of

his kindness to me, in attending to my temporal affairs and for

his services to me during my illness, who shall also have charge

of the settlement of my estate and pay all my debts as herein

provided. Delaware O. May 12th 1879

his

Joseph X Fisher

mark

John Vogt. John Jacob Rieder


Probate of the Will


The State of Ohio } Probate Court

Delaware County } SS

Personally appeared in open court John

Vogt & John Jacob Rieder the subscribing witnesses to the last will

& testament of Joseph Fisher decd who being 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 & testament

of Joseph Fisher now deceased is the will of said deceased Joseph

Fisher. 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 Joseph Fisher

deceased sign & seal said will and heard him acknowledge

the same to be his last will & testament that the said

Joseph Fisher at the time of making signing & sealing said

will was of legal age & of sound and disposing mind and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 241)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 241)

Description

[page 241]

[corresponds to labeled page 184 of Will Record Vol. 6 1876 - 1883]

184

Sheldon Mark's Will

memory and under no undue or unlawfull restraint whatsoever

John Vogt

John Jacob Rieder

Sworn to & subscribed in open court this 14 day of May

A.D. 1879. F.B. Sprague Probate Judge

--------------------------------------------------------



Sheldon Marks Will

On the 31st day of May 1879, the last will and

testament of Sheldon Marks deceased was presented

duly proved and ordered admitted to Probate and record

F.B. Sprague Probate Judge

Copy of the Will

In the name of the benevolent father of all, I Sheldon

Marks of Delaware County Ohio do make and publish

this my last will and testament

Item 1st I give and bequeath to my beloved wife Anna Marks in lieu

of her dower the farm purchased of my son Winfield S

Marks Known as the Buel farm containing one Hundred and

forty three acres also all of my personal property during her nat-

ural life

Item 2 I give and bequeath to my Son William E Marks one thousand

dollars in the Buel Farm

Item 3 The balance of said Buel Farm I give and bequeath when

disposed of to my three sons William E Marks, Erastus B

Marks and Thadieus S Marks in equal proportions of the

amount that shall be realized out of said farm

Item 4 I give & bequeath to my son Miles C Marks Fifteen thousand

dollars in notes due me from my son Winfield S Marks

Item 5 In consideration of heretofore having given to my son Winfield

S Marks his due proportion of my estate I will and

bequeath him one dollar

Item 6th I nominate and appoint George Hale of Delaware County

Ohio executor of this my last will and testament, In Tes-

timony hereof I have hereunto set my hand and seal this 21st

day of March A.D. 1879

Sheldon Marks {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 242)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 242)

Description

[page 242]

[corresponds to labeled page 185 of Will Record Vol. 6 1876 - 1883]

185

Sheldon Marks Will

Signed and acknowledged by said Sheldon Marks as his last will

and testament in our presence and signed by us in his presence

J. S. Peters

Andrew Foss.

Probate of the Will

The State of Ohio }

Delaware County } SS

Personally appeared in open Court J.S. Peters

and Andrew Foss the subscribing Witnesses to the last will and

testament of Sheldon Marks deceased who being duly sworn

according to law to speak 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 Sheldon

Marks now deceased is the Will of the said deceased Sheldon

Marks, 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 Sheldon

Marks deceased sign and seal said will and heard him

acknowledge the same to be his last will and testament - that

the said Sheldon Marks at the time of making signing &

sealing said Will was of legal age and of sound and

disposing mind and memory and under no undue or

unlawfull restraint whatsoever.

J.S. Peters

Andrew Foss

Sworn to and subscribed in open Court this 31st day of

May 1879.

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 243)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 243)

Description

[page 243]

[corresponds to labeled page 186 of Will Record Vol. 6 1876 - 1883]

186

Lydia A. Burroughs Will

May 16th 1879

On this day the last will and testament of Lydia

A Burroughs was duly admitted & ordered recorded

F.B. Sprague

Probate Judge

Copy of Will

I Lydia A Burroughs of Berlin Township Delaware Co. O.

do make and publish this my last will and testimony.

Item 1st I give and devise to my daughter Elnora H Richardson

the bed in the bedroom and the Carpet on the front room

floor and my black suit and all of my dishes and the white

bed spread.

Item 2nd And I give and devise to my Son Stephen Burroughs

the bed in the front room and my large Bible.

Item 3rd And I give and devise to my Daughter Kate Burroughs

my carpet upstairs and the pillow shams

Item 4th I give and devise to my son Jasper N. Burroughs his

Grand fathers picture

Item 5th I give and devise to my daughter in law Nancy Burroughs

my spoons and butter knife.

Item 6th I give and devise to my daughter Margaret Eatherbow

her grandmothers picture and the Bed upstairs and the large

coverlet.

Item 7th I give and devise to my Son Thomas P. Burroughs my

basket quilt and the atlas.

Item 8th I give and devise to my grand daughter Nellie

Richardson the Picture of Niagara

Item 9th I give and devise to my grand daughter Mary

Richardson the picture in the quilt frame.

Item 10th I give and devise to my Niece Lydia Burroughs

the looking glass in the front Room.

Item 11th I give and devise to my son in law C. Richardson Nettie

the gray mare

Item 12th I do hereby nominate and appoint my son Stephen

Burroughs Executor of this my will and testament

I do hereby revoke all former wills by me made

In testimony hereof I have foreunto set my hand and seal

this 26 day of in the year 1879

Lydia Burroughs + {seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 244)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 244)

Description

[page 244]

[corresponds to labeled page 187 of Will Record Vol. 6 1876 - 1883]

187


Signed and acknowledged by said Lydia A Burroughs as

her last will and testament in our presence and signed by

us in her presence.

Chas E. Smith

A.W. McFarland.

Probate of Will

The State of Ohio }

Delaware Co } SS

Personally appeared in open court Chas E.

Smith and A.W. McFarland the subscribing witnesses

to the last will and testament of Lydia A Burroughs

decd 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 Lydia A Burroughs now

deceased is the will of said deceased

Lydia Burroughs

That they were present at the execution of said will, at the

request of the testatrix subscribing their names to the same as

witnesses, in her presence, and that they saw the same

Lydia A Burroughs decd sign and seal said will and heard

her acknowledge the same to be her last will and testament;

And the said Lydia A Burroughs at the time of making

signing and sealing said will was of legal age and of sound

and disposing mind and memory and under no undue or

unlawful restraint whatsoever.

A.W. McFarland.

C.E. Smith.

Sworn to Subscribed in open court, this 16th day

of May 1879

F.B. Sprague,

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 245)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 245)

Description

[page 245]

[corresponds to labeled page 188 of Will Record Vol. 6 1876 - 1883]

188

John C Smiths Will

June 14 1879

On this day the last will and testament of John

C Smith deceased was presented & duly proved and

ordered admited to Probate & record

F.B. Sprague, Probate Judge

Copy of the Will
-----------------


In the name of the benevolent Father of all.

Item 1st It is my will that my just debts and all charges be paid

out of my estate.

Item 2 I give and devise all the residue of my property both real

and personal to Joanna my wife during her natural

life time and after her decease the property to be

given to the Heirs Namely Patrick Smith Stephen Smith

and Robert Smith to be theirs forever and to be divided

as the Heirs can agree.

In testimony hereof I have hereunto set my hand & seal

this third day of May, 1879

John C. Smith {Seal}

Signed and acknowledged by said John. C. Smith as his last

Will and Testament in our presence and signed by us in

his Presence.

Probate. of. Will.

The State of Ohio }

Delaware Co. } SS

Personally appeared in open Court Jacob

Baker and B.F. Griffith the subscribing witnesses to the last

will and testament of John. C. Smith deceased who be 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 John. C.

Smith now decd is the will of said decd John. C. Smith.

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

John. C. Smith decd sign and seal said will, and heard

him acknowledge same to be his last will and testament;

that the said John C. Smith at the time of making,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 246)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 246)

Description

[page 246]

[corresponds to labeled page 189 of Will Record Vol. 6 1876 - 1883]

189

John C. Smith

signing and sealing said will, was of legal age and of

sound and disposing mind and memory, and under no undue

or unlawful restraint whatsoever.

Jacob Baker

B.F. Griffith

Sworn to and subscribed in open court

this 14 day of June 1879

F.B. Sprague

Probate Judge

===============================================================



Jason Waterman's Will.

May 24 1879

Copy of the Will

I Jason Waterman do publish and declare this my last

will and testament and no other.

Item 1st I will, bequeath and devise unto my beloved wife Louisa W.

Waterman all my property both real and personal and

her and her heirs forever; expecting that she may and

shall do with the same during her life time as she may

please and that what ever may remain of the same at her

decease I hope the same may be disposed by her

as may be best for the benefit of our Grand Children.

Item 2nd I do hereby make constitute and appoint my said

wife executrix of this my last will and testament.

Witness my hand and seal this 30th day of May A.D. 1866

Jacob Waterman {Seal}

Signed, Sealed, published & declared in the presence of us

and we at the request of said Waterman signed the same as

witnesses at his request in his presence and in the presence

of each other

Thomas E. Powell

A.J. Moses
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 247)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 247)

Description

[page 247]

[corresponds to labeled page 190 of Will Record Vol. 6 1876 - 1883]

190

Jason Waterman.

Probate of the Will

The state of Ohio }

Delaware Co } SS

Personally appeared in open court Thomas

E. Powell & A.J. Moses the subscribing witness to the last will

and Testament of Jason Waterman decd 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 & Testament

of Jason Waterman now deceased is the will of said

deceased, Jason Waterman 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 Jason Waterman

decd sign and seal said will, and heard him acknowledge the

same to be his last will and testament; that the said Jason

Waterman at the time of making, signing and sealing said will,

was of legal age and of sound and disposing mind and memory,

and under no undue or unlawful restraint whatsoever.

A.J. Moses

T.E. Powell.

Sworn and subscribed to in open court this

24th day of May A.D. 1879.

F.B. Sprague

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 248)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 248)

Description

[page 248]

[corresponds to labeled page 191 of Will Record Vol. 6 1876 - 1883]

191

David Bevan's Will.

May 12th 1879.

On this day the last will and testament of David Bevan deceased

was presented and duly proved and ordered admitted to

Probate & Record. F.B. Sprague

Probate Judge.

Copy of the Will.

In the name of benevolent Father of all, I David Bevan Sr.

of the county of Delaware in the State of Ohio being of full

age and of sound and disposing mind and memory do make

and publish this my last will and testament hereby revoking

and declaring null and void all other last wills and testaments

or writings in the nature of last wills and testaments heretofore

by me made or executed.

Item 1st It is my will and devise that all my just debts and funeral

expenses and expenses incident thereto be paid as soon as

can reasonably be done after my decease

Item 2d I will and bequeath to my sons David & William the old home-

stead containing about 80 acres of land being part of lots Nos

34 & 35 in Sec 5 Tp 5 Range 19 U.S.M. land - To have and to

hold said land share & share alike - But if my son William

Should die leaving no Child or Children then I desire & so will and

devise that his share of said land shall go to and rest in my

Grandson William Bevan son of David Bevan Jr. -

Item 3d I will and bequeath to my Daughter Dinah and to my son James

share & share alike the homestead where I now live (105 acres on Lot No

13 Sec 4 Tp 5 Range 20 U.S.M. land also the case lot 60 acres in

lot No 5 Sec 1 Tp 4 Range 20 - Also the sipes lot 31? acres being

part of lots 9 & 11 in sec 4 Tp 5 Range 20 - Also the fraction of the

stock and farm which lies south of the road leading from

Delaware to Marysville - To have and to hold said land to

them the said Dinah & the said James for & during their

natural lives or the natural life of the survivor of them.

and then at the death of the said Dinah & the said James

I will and bequeath the said lands in this Item described

to the child of said Dinah or James if either of them leave a child

they or either of them have children at their decease

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 249)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 249)

Description

[page 249]

[corresponds to labeled page 192 of Will Record Vol. 6 1876 - 1883]

192

David Bevan's Will


But in case said Dinah & the said James should both die

leaving no children or child then at their decease or at the

decease the decease of the survivor of them I will and

bequeath the lands in this Item described to my two Grand

Daughters Clara & Emma Bevan Daughters of my son

David Bevan share & share alike.

Item 4th I will and bequeath to my daughter in law Mary Bevan

Widow of my son Charles Bevan decd The stock & farm

Being about 89 acres - except the fraction south of the road

leading from Delaware to Marysvillle said farm is on the

south part of lot No 9 in Sec 4 Tp 5 Range 20 said Mary

Bevan is to hold said farm and use, occupy and control

and receive the rents and profits of the same during the

term of her natural life or so long as she remains the widow

of my said son Charles and unmarried At her decease

or subsequent marriage (if she marry again) I will and

bequeath the said 89 acres of land to my grand daughters

Hanna Bevan the of said Charles & Mary, if she be then

living If the said Anna be not living at that time then I will

and bequeath the 89 acres to my grandson Edward Bevan.

the son of David Bevan Jr. the said Mary Bevan

is to pay the taxes Semi Annually on said farm while she

occupies it. -

Item 5th I will and bequeath to my daughter Dinah to be paid

to her annually during her natural life time by my Executor

hereafter named the interest at six per cent per annum

on $2000.00 Provided that if it shall become necessary

a part or the whole of the principal of said $2000.00 may

be used for the comfortable support & maintanance of the

said Dinah, Also I will and bequeath to the said

Dinah all my household goods & furniture and I

charge my sons James & David to especially care for

said Dinah & to see that everything necessary for her

comfortable maintainance be supplied

Item 6th I will and bequeath to my grand daughter

Anna Bevan Daughter of Charles & Mary Bevan $200.00

in money to be paid to her by my executor when

she arrives to the age of 18 years, if she lives so long

but if she do not live so long then the said $200.00 to go

into the general fund for distribution among my heirs.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 250)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 250)

Description

[page 250]

[corresponds to labeled page 193 of Will Record Vol. 6 1876 - 1883]

193

David Bevans Will.

Item 7th Within a reasonable time after my decease I desire

my executors to sell in accordance with law all my

stock except one horse and also all my personal

property except what is herein specifically bequeathed

and to the proceeds of said sale add all the other

money from whatsoever derivid belonging to said estate

and after paying there from all my just debts, Funeral

expenses and expenses incident thereto, and reasonable

expenses and charges for administering my estate and

deducting the $2000.00 named in item five & $200.00 named in

item 6 of this will - I will and bequeath the remainder

of said money to my surviving Children share & share

alike.

Item 8th I desire my children to pay to the support of the

Trindrhendlar Church in Scioto Township

Seven dollars annually each surviving child paying

his or her equal portion of seven dollars.

Item 9th I hereby nominate and appoint my James Bevan & David

Bevan Jr executors of this my last will and testament

In testimony whereof I David Bevan Sr. hereunto

set my hand and seal to this my last will and

testament this 10th day of January A.D. 1876.

David Bevan {seal}

Signed & Sealed by said David Bevan in our presence

as his last will & and testament and signed by us at his

request in his presence and in the presence of each other

as witnesses on this 10th day of January 1876

John H. Jones

John C. Jones.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 251)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 251)

Description

[page 251]

[corresponds to labeled page 194 of Will Record Vol. 6 1876 - 1883]

194

David Bevans Will

Probate of Will

The State of Ohio }

Delaware Co } SS

Personally appeared in open court, John

H. Jones and Jones, John E the subscribing witnesses to the

last will and testament of David Bevan 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 David Bevan now decd, is the will of

said deceased, David Bevan. that they were present at the

execution of said will, at the request of the testator,

subscribed their names to same as witnesses, in his presence,

and that they saw said David Bevan decd, sign and

seal said will, and heard him acknowledge the same

to be his last will and testament; that the said David

Bevan at the time of making, signing and sealing said

will, was of legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint

whatsoever.

John H. Jones

John E. Jones

Sworn to subscribed in open court this 12 day

of May 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 252)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 252)

Description

[page 252]

[corresponds to labeled page 195 of Will Record Vol. 6 1876 - 1883]

195

James Kyle's Will.

May 31st 1879

On this day the last will and testament of James Kyle

deceased was presented and duly proved and ordered

admitted to probate & record.

Copy of the Will

In the name of the Benevolent Father of all.

I James Kyle of Radnor township Delaware Co. Ohio

do make and publish this my last Will and testament


Item 1st I Give and devise to my beloved wife in lieu of her

dower all my real estate situated in Radnor

Township Delaware County Ohio containing about

two hundred and two acres during her natural life

and all the stock household 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

and personal estate shall be equally divided among all

my children except my son James Kyles children

the reason why they are not made equal heirs is, They

have got from me 160 acres of land in Kansas

Item 2nd I give and bequeath to the two above children

of my son James Kyle $200.00 each.

Item 3rd I do hereby nominate and appoint my son David

H Kyle administrator of this my last will and

testament hereby authorising and empowering

him to compromise, adjust, release and discharge

in such manner as he may deem proper the

debts and claims due me. I desire that no

appraisement and no sale of my personal property

be made and that the court of Probate direct the

omission of the same in pursuance of the

statute
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 253)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 253)

Description

[page 253]

[corresponds to labeled page 196 of Will Record Vol. 6 1876 - 1883]

196

James Kyle's Will.

In testimony hereof I have hereunto set hand and seal

this ninth day of April A.D. 1879.

James Kyle {Seal}

Signed and acknowledged by said James Kyle as his last

will and testament in our presence and signed by us in

his presence

{John B. Jones }

{Morris Humphreys }

Probate of the Will

The State of Ohio }

Delaware Co } SS

Personally appeared in open court

Morris Humphreys one of the subscribing witnesses to the

last will and testament of James Kyle decd, 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 him

purporting to be the Last will and testament of

James Kyle now decd, is the will of said deceased,

James Kyle. That John B. Jones now deceased was the

other subscribing witness to said will that I saw the

said John B. Jones sign said will as a witness to the

same & that I recognize his signature to the same

as made at the time of the execution of said will.

that we were present at the execution of said will,

at the request of the testator, subscribed our names

to the same as witnesses, in his presence and that we

saw the said James Kyle decd sign and seal said

will, and heard him acknowledge same to be his last

will and testament; the said James Kyle at the time of

making, signing and sealing said will, was of legal

age and of sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever.

M Humphreys

Sworn to and subscribed in open court, this 31 day

of May 1879

F.B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 254)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 254)

Description

[page 254]

[corresponds to labeled page 197 of Will Record Vol. 6 1876 - 1883]


197

Philip Woolring's Will

The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in open court

who being duly sworn says that he was well acquainted

with John B. Jones in his life time and was well

acquainted with his hand writing that he recognizes

the signature to the annexed will of James Kyle

purporting to be the signature of John B Jones now

decd as his signature and has every reason to believe

the same to be genuine

C Coomer.

Sworn to and subscribed this 31st day of May 1879

F.B. Sprague

Probate Judge

==================================================


Philip Wotrings Will.

April 24 1879.

This date should be June 2 1879

On this day the last will and testament of Philip

Wotring deceased was presented and duly proven

and ordered admitted to probate & Record.

Copy of the Will.

In the name of the Benevolent Father of all, I Philip

Wortring of the city of Delaware Del Co State of Ohio Ohio

being of full age and of sound : and disposing mind

and memory do make and publish this my last will

and testament.


Item 1st At my decease I desire that all of my just debts and

funeral expenses and expenses incident to my burial

shall be paid by my executor hereafter named.


Item 2nd I hereby will devise and bequeath to my beloved wife

Henrietta Woolring in lieu of dower in my lands

The rents arising from the lands hereinafter devised to my

son Reuben Woolring consisting of 209 acres, also the lands

hereinafter devised to my son-in-law James Noble

said rent to be paid to her by my said son Reuben and

said James Noble as provided by written contracts
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 255)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 255)

Description

[page 255]

[corresponds to labeled page 198 of Will Record Vol. 6 1876 - 1883]


198

Philip Wotring Will

this day entered into by me and between me and said

Reuben and said James Noble and said payments

of rents to be paid to her during her natural life

or until she shall cease to be my widow as

provided in said written contracts - I also give to

my said wife the use, occupancy and control and

the rents and profits during her natural life or until

she shall cease to be my widow about seven acres of

land together with the buildings and improvements thereon

situated in the city of Delaware, Delaware County Ohio

the same being our former homestead and known as lot "D" in the

partition and division of the real estate Real estate

of Elias Heller deceased, also one cow two hogs four

beds (furnished) and such other and further

household and Kitchen furniture as she may need

or may desire to keep until her decease or until she

she shall again marry. I also give her the sum of $200.00

in cash to be paid to her as soon as possible by my

executor after my decease if she shall survive me.


Item 3rd I hereby devise and bequeath to my son Reuben

Woolring the following real estate with all of the impro-

vements thereon To wit: situated in Delaware County

State Ohio and in Thompson Township Known as the Lindsey farm

and bounded and described as follows. On the west

side of the Scioto River Beginning at an Ironwood and

red oak on the bank of the Scioto river Corner to Lobard

Landers Thence with said Landers line N 83? west 252

poles thence south 7? West thirty one poles thence south

83rd west 280 poles to the Scioto river Thence up the

river with its wanderings to the place of beginning

containing fifty five acres strict measure also the

following situated in the same County and Township

and described as follows Situated survey No 675 in

the Virginia Military Survey and described as

follows to wit: beginning at a large sycamore

on the bank of the Scioto river at the northeast

corner of lot formerly owned by Israel Waters: thence

5, 80? West, 292 rods to a stake and three sugars trees,

thence N 4? 55 rods to a stake. ash and maple tree and

Waterbeech; thence N 7? E 30 rods to the South west

corner of a tract of land formerly owned by Zera Lindsey

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 256)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 256)

Description

[page 256]

[corresponds to labeled page 199 of Will Record Vol. 6 1876 - 1883]


199

Philip Wootring Will.

Thence with the south line of said Lindsey lot

286 rods to the South E corner of said lot on the

river bank Thence down the river with the meanderings

thereof to the place of beginning estimated to contain

154 acres of land to have & to hold the same to the

said Reuben Wootering his heirs and assigns forever

subject however to the payment of the sum of $300 per

annum during the life of my wife Henrietta

Wootering should she survive me; sixty dollars of which

is to go to pay the interest upon the bequest hereinafter

made to Cecilia Sevey annually during the life

of my said wife - and sixty dollars of which

($360.00) is to go annually to pay the interest upon that

bequest hereinafter made to the children of Elizabeth

Sevey decd during the life of my said wife. The

residue of the said three hundred and sixty dollars being

the sum of $240 is to be paid to my said wife Henrietta

during her natural life annually should she so long

remain my widow - and subject also to the further

payment to my executor hereinafter named the sum of $2000.00

to be paid upon the death of my said wife should she survive me and

upon the payment of said annual rent of $300.00 as above directed

during the life of my said wife and said $2000.00 after her

death to my executor the said Reuben is to hold said

described land free from all incumberances or charges.

I further give and bequeath to my son Reuben Woolring our

lot in south Delaware Delaware County Ohio which said lot is more

particularly described on a plat or diagram hereto attached marked

"A"


Item 4th I hereby give and bequeath to my son-in-law James Noble and to his

heirs begotten upon my daughter Matilda Noble her heirs and

and assigns forever the following Real estate situated in the county

of Delaware State of Ohio To wit In lots numbered 16 & 17 as appears on the plat

surveyed and laid off by Joel Wright January A.D. 1877 for Perry

and Baum on the Scioto River beginning at a white Hickory and

buckeye being the south east corner Samuel Landers Lot

Thence south 80? West, 276 rods to 2 sugar trees thence south 5? East

48 poles to a white ash and beech thence north 86? East 283 poles

to the Bank of the river at a red oak and waterbeech thence up

the river with the meanderings thereof to the place of beginning

containing Eighty two and a half acres to have and to hold and hold the

same forever subject however to the payment of an annual

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 257)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 257)

Description

[page 257]

[corresponds to labeled page 200 of Will Record Vol. 6 1876 - 1883]


200

Philip Wootering's Will

rents of $80.00 during my life and during the life of my wife

Henrietta Woolering if she shall survive me as provided in a writen

contract between me and said James Noble this day entered

into for the rental of said land during my life and the life

of my said wife, Also subject to the payment of the further

sum of Two thousand dollars to be paid to my executor hereinafter

named after the death of my said wife Henrietta and

upon the payment of said yearly rental as above provided

to my said wife during her said life and the payment of

the $2000.00 after her death as above provided said James

Noble is to hold said lands free from all other charges or claims.


Item 5th I hereby give and devise to my daughter Matilda Noble our lot in

South Delaware in Del Co Ohio as designated on the plat hereto

attached marked "C" to her heirs and assigns forever.


Item 6th I give and bequeath to my daughter Cecilia Sivey the use of

one thousand dollars at six percent during her natural life or during

the time she remains the wife of John Sevey the said interest

upon said $1000.00 to be paid to her annually by my executor

herinafter named during her natural life or during the life of her

husband John Sevey should the said John Sevey die before said

Cecilia Sevey then I direct that the said $1000.00 be paid over

to my said daughter Cecilia Sevey but should my said daughter

die before her said husband then I direct that said Thousand be paid

at interest untill the youngest child of said Cecilia shall arrive

at the years of majority then same shall be paid to said

children share and share alike I also give and devise and bequeath

to my said daughter Cecilia Sivey three lots in south Delaware

Del Co Ohio as indicated upon a plat hereto attached marked "A"

to have and to hold the same to her heirs and assigns forever.


Item 7 I give and bequeath to my daughter Henrietta Herbster one thousand dollars to

be paid to her upon the death of my wife in case my wife shall

survive me If I survive my wife then as soon as possible after my death.

I also devise and bequeath to my said daughter Henrietta Herbster

her heirs and assigns one lot in Delaware Del Co Ohio as

designated on a plat hereto attached hereto marked "A" to have

the same to herself her heirs and assigns forever.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 258)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 258)

Description

[page 258]

[corresponds to labeled page 201 of Will Record Vol. 6 1876 - 1883]


201

Item 8 I give and bequeath to my daughter Mary Ellnar Woolring, one thousand dollars

to be paid to her by my executor hereinafter named upon the death

of my wife Henrietta Wootring or upon her second marriage should

my said wife survive me and if I should survive my said wife then

said $1000.00 to be paid to her as soon as possible after my ^decease death I further

give and devise and bequeath to my said daughter Mary Ellnar

Wootring Two lots in south Delaware Delaware County State of Ohio as the same is designated

upon a plat hereto attached marked "A" and provided said Mary Ellnor

shall die without issue then the one thousand dollars and said two lots in this

item mentioned are to go to her own brothers and sisters or their heirs

share and share alike except that the children of Elizabeth

Sevey Jointly one share and Eleanor Candes Resor one share.


Item 9th I give and bequeath to my grand children the children of Elizabeth

Sivey deceased share and share alike $1000.00 to be paid to them by my

executor at the date that the youngest of said children shall arrive

at the age majority providing that my wife is at that time dead

If not then at the death of my said wife. but my executor is directed

upon my death decease to place or keep said $1000.00 at interest at six per

cent and to pay to said children or their guardian the said

interest annually untill the death of my said wife or untill the

youngest of said children shall arrive at the age of majority I

further give and devise to said children of my daughter Elizabeth

Sivey deceased the rents profits of my sixty acres of land in Marshal

County Indiana after deducting therefrom the taxes upon said land

and when said youngest child shall arrive at the years of majority

I give and devise to said children said land share and share

alike they to hold the same in fee simple to themselves their

heirs and assigns forever.


Item 10th I give and devise to my grand daughter Eleanor Candes Reasor

two lots in South Delaware Del Co Ohio as designated on the

plat hereto attached marked "A" and in case of the death

of said Eleanor Cades Resor without issue then the two lots above

mentioned are to go, my children share and share alike except thereto

where any of my children have died their children if any

shall jointly have one share upon distribution


Item 11th below will be found plat "A" reference to of Lots and property in

South Delaware which have been devised specially and the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 259)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 259)

Description

[page 259]

[corresponds to labeled page 202 of Will Record Vol. 6 1876 - 1883]


202

Philip Wottring's Will

division is in accordance with this my will the names of the devisee

appearing on each lot.

Wootring Street 60 feet wide

Residence of

Philip Wottring

Mary E Wottring

E C Reser

E C Reiser

written vertically:

Sandusky Street

Alley 12 feet wide

Reuben Wootring

Matilda Noble

Henrietta Herbster

Mary E Wootring

Cecelia Sivey

Cecelia Sivey

written horizontal:

Lands of P Wootring


All the above described lands being the same conveyed

to me said Philip Wootring by the heirs at law of Elias Heller

deceased by deed bearing date Dec 8th 1855 It is all to be held, used,

occupied and controlled by my said wife Henrietta during her natural

life or as long as she remains my widow and unmarried and she

is to have and enjoy all the rents and profits thereof for and during

said time and the decease or marriage of my said wife ^Hnerietta there in

accordance with the above imperfect plat and foregoing several choices

of said various lots in south Delaware are to be assigned and divided

as follows First fronting on Sandusky Street & laying on the south side

of side of and adjoining the east and West Street, measure off 12 ft

north and South and Extending east of uniform width to the east

line of the stable now standing on said lot and west line of the 12 feet

alley - this will include the two lots on which stands the

residence then the balance of the land laying between the above

two lots (on which the house stands) stands the residence and
excluding south to the

16 feet alley is to be divided into three lots of equal width thence

the first lot south of and adjoining thereto on which the residence

stands as devised and bequeathed to my daughter Mary Eleanor

Wottring. The next two lots south of this and laying between this

and the 16 feet alley to Eleanor Candes Resor than the first lot east of and

adjoining the 12 feet alley leaving 60 feet in width to Reuben Wottring

running east the next lot 60 feet wide to the said Matilda Noble

The next one of the same width to Henrietta Herbster the next

lot 56 feet wide to Mary Eleanor Wottring and the next three lots south of same

width to Cecilia Sivey the above last lots extend from the street

on the north to the 16 feet alley on the South.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 260)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 260)

Description

[page 260]

[corresponds to labeled page 203 of Will Record Vol. 6 1876 - 1883]


203

Philip Wottring's Will.

Item 12th I direct at my decease my executor hereinafter named

shall proceed immediately according to law to sell and dispose of all

the personal property of whatever nature or discription not herein

disposed of and convert the same into money and to collect all debts

due and owing to me except the said $2000.00 to be paid by said

Reuben Wottring which is to remain in his hands untill the death

of my wife as provided in Item 3d of this my will also

excepting the $2000.00 to be paid by my son-in-law James Noble

which is to remain in his hands as provided in item 4th of this

my will after said collections are made my said executor is

directed to pay all of my debts funeral expenses and expenses

incident thereto secondly that he pay to my said wife the $200.

herein bequeathed to her and after paying all of my debts and

expenses of administration and reserving sufficient money to pay

all of the legacies provided in this will the residue he will

divide between our children share and share alike Eleanor Cadnes Resor

and the children of Elizabeth Sivey each receiving one equal share or the

shares that would have gone to their parent had they not died and

should any of my children die before I do their children to receive the

share that would go to them if alive If at any time during the life

my wife It shall be thought advisable by my said wife & my executor

to sell the remaining part of the land purchased of the heirs of

Heller being about 2 acres or less laying east of and adjoining

the lots herein bequeathed then my executor may sell said land

at public or private sale as may be thought best and the

proceeds arising from said sale may be divided among my

children share and share alike Eleanor Candes Resor receiving one full

share and the said children of Elizabeth Sivey deceased one full

share.


Item 13th At the death of my wife if she shall survive me or at my death

should I survive her my said executor shall proceed at once to

sell of the lands and lots and property of ever kind not herein

specifically disposed of and if all that portion to which my wife

is entitled during her life and collect all accounts notes and every

other valuable thing and pay off all bequests herein named as are then

due and to retain sufficient to pay such bequests herein named as are then

due or payable and to pay the same as they shall become due and after

all of said legacies and bequests are paid and all of the

expenses of administering the residue he will divide equally between

my said children the children of Elizabeth Sivey remaining one share

and the said Eleanor Candes Resor one full share.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 261)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 261)

Description

[page 261]

[corresponds to labeled page 204 of Will Record Vol. 6 1876 - 1883]


204

Philip Wottring's Will


Item 14 I desire if my said daughter Mary Eleanor shall marry after my

death and before the complete settlement of my estate that my

executor shall furnish her such household goods and furniture

as has been furnished to my other children provided I have not furnished

the same to her and that the same be paid out of the funds in

the hands of said executor belonging to the general fund of my

estate -


Item 15th At my decease I direct that my executor take possession

of the 60 acres of land in Marshal County Indiana herein

devised to the children of Elizabeth Sivey deceased to pay the

amount of taxes each year to lease the same collect all rents for

the same and in all respect to improve and manage said land

so as to secure the greatest benefits to said children and this case

and supervision is to continue untill the youngest of said children

arrives at the age of majority


Item 16th My executor is directed to pay and keep the tax paid upon the

real estate devised to my wife during her natural life and as long as she

shall occupy the same and at all times when any payments or

distribution of the assets of my estate is made my said executor

is to retain sufficient to pay all taxes and interest upon undue

legacies or legacies as they become due and in all cases of distribution among

my heirs of any portion of my estate not herein specifically devised I desire that

the child or children of my child or children of mine that are

now dead or that may hereinafter die before me and my wife

or either of us shall receive the share that their parent would

be entitled to if then living.


Item 17th I hereby nominate and appoint my son Reuben Wottring as the

executor of this my last will and testament and I direct that he

give no bond as such executor and I direct that the Judge of

the probate so order upon the probate of this my last will

and testament and in case of the death or inability of said

Reuben to serve then I appoint as his successor my son-in-

law Benjamin K Herbster shall be appointed I direct that

he give no bond and that the Probate Judge so Order.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 262)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 262)

Description

[page 262]

[corresponds to labeled page 205 of Will Record Vol. 6 1876 - 1883]


205

Philip Wottring's Will

Item 18th In all of the devises of Lots to my heirs of lots in south Delaware

It is understood that all of said devises of said Lots take

their subjects to the life estate of my said wife if she shall

survive me

In witness whereof I the said Philip Wottring have

hereunto set my hand and seal this 18th day of December 1877

Philip Wootring {Seal}

The above last will and testament was signed and acknowledged

by said Philip Wootring as his last will and testament and in our

presence and signed by us at his request in his presence and in the

presence of each other on this 18th day of December 1877

Henry Main

J. C. Johnston.

Probate of the Will

The State of Ohio }

Delaware County } SS

Personally appeared in open court Henry Main

one of the subscribing witnesses to the last will and testament

of Philip Wootring 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 him purporting to be the last will and

testament of Philip Wootring is the will of said deceased Philip

Wootring, that J.C. Johnson was the other subscribing witness

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 Philip

Wootring deceased, sign and seal said will and heard him

acknowledge the same to be his last will and testament; that the

said Philip Wootring at the time of making signing and sealing will,

was of legal age and of sound and disposing mind and memory, and under

no undue or unlawfull restraint whatsoever

Henry Main

Sworn to and subscribed in open court this 10 day

April 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 263)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 263)

Description

[page 263]

[corresponds to labeled page 206 of Will Record Vol. 6 1876 - 1883].

206

Garry Sharp's Will

Probate of the Will

The State of Ohio }

Delaware County } SS

Personally appeared in open court J. C. Johnston

one of the subscribing witness to the last will and testament of Philip

Wootring 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 him

purporting to be the last will and testament of Philip Wootring

now deceased, is the will of said deceased, that the other subscribing

witness was Henry Main 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

Philip Wootring deceased, sign and seal said will, and heard him

acknowledge the same to be his last will and testament; that the

said Philip Wootring at the time of making, signing and sealing

said will, was of legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint whatsoever.

J. C. Johnston

Sworn to and subscribed in open court this 24 day of

April A.D. 1879.

F. B. Sprague

Probate Judge


Garry Sharp Will.

Copy of the will.

In the name of the benevolent father of all.

I Garry Sharp of the county of Delaware

Being in Genoa Township do make this my last will

and testament.


Item 1st I give and devise to my beloved wife Nancy Sharp

in lieu of her dower the farm on which we now reside

situate in said county and Township Containing about

106 acres and all the stock, household goods, furniture provisions

and other goods and chattles which may be thereon at the

time of my decease. She however selling so much thereof

as may be sufficient to pay my just Debts
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 264)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 264)

Description

[page 264]

[corresponds to labeled page 207 of Will Record Vol. 6 1876 - 1883]

207


Gary Sharp's Will

Item 2nd I do here nominate and appoint Nancy Sharp my beloved

wife Executor of this my last will and testament hereby

authorizing and empowering her to compromise adjust

release and discharge in Such manner as she may deem

proper the debts and Claims due me I do also authorize

and empower her if it shall become necessary in order to

pay my debts to sell by private sale or in such manner upon

such terms of Credit or otherwise as she may think proper

all or any part of my Real Estate and deeds to purchasers

to execute acknowledge and deliver in fee Simple


I hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand & seal

this 9th day of March 1864

Garry Sharp {Seal}

Signed and acknowledged by

Said Garry Sharp as his last

will and testament in our

presence and Signed by us in

his presence

G. W. Wells

E. Philips.

Probate of the Will.

The State of Ohio }

Delaware Co. } ss

Personally appeared in open court George W Wells Edward

Philips the subscribing witnesses to the last will and testament of

Garry Sharp 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 Garry

Sharp now deceased is the will of said deceased, Garry Sharp.

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 Garry Sharp deceased

Sign and seal said will and heard him acknowledge the same

to be his last will and testament; that the said Garry Sharp

at the time of making signing and sealing said will was of

legal age and of sound and disposing mind and memory and under
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 265)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 265)

Description

[page 265]

[corresponds to labeled page 208 of Will Record Vol. 6 1876 - 1883]

208

Julia A Clippinger's Will.

no undue or unlawful restraint whatsoever.

G. W. Wells.

E. Philips.

{Seal} Sworn to and subscribed in open court, this 15 day

of July 1879

F. B. Sprague

Probate Judge

By B Roloson, Deputy Clerk


Julia A Clippinger

On this day the last will and testament of Julia A Clippinger

was presented and duly proven and ordered admitted to probate

and record.


I Julia A Clippenger of the county of Delaware and state of Ohio

do make and publish this my last will and testament.


First I give and bequeath to Arabella C Clippinger my daughter

the bedroom sett of furniture now in the so called Charlie's bedroom in

the dwelling where I now reside


Second I give and bqueath to Susan C. Clippenger my daughter the

bedroom sett of furniture now in the bedroom occupied by myself

in the dwelling where I now reside


Third I order that all the personal estate consisting of judgments

notes account or business claims whatever be collected & reduced

to money and the same less expenses be paid over to my children

Arabella C Clippinger Susan A Clippinger and Edward T Clippinger

share & share alike


Fourth I give bequeath and devise all and singular the rest and residue of my

property of which I may die seized real personal and to my

executor hereinafter named his heirs and assigns in trust that he

will present my husband John A Clippinger to use occupy & possess

the same for his own use & benefit so long as he shall remain

unmarried & devise to so occupy & use but subject however

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 266)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 266)

Description

[page 266]

[corresponds to labeled page 209 of Will Record Vol. 6 1876 - 1883]

209

Julia A Clippinger's Estate


to the payment by him of all taxes and assessments that may

be leased or made thereon and that he keep the dwelling house

insured & keep up necessary repairs and if said John A

Clippinger shall marry or cease to occupy and use said premises

the said executor shall convey the same to my children Arabella

C Clippinger Susan C Clippinger and Edward T Clippinger

their heirs and assigns share and share alike And provided

further that said John A Clippinger may by and with the consent

of said Arabella C Clippinger Susan C Clippinger sell and

dispose of any portion or all of the personal estate included in this

Item and invest the proceeds as he & said Arabella Cleppenger and

Susan C shall direct And provided further that by the deviation

and consent of said John A Clippenger Arabella C and Susan C

Clippinger up to the 8 day of October 1881 and thereafter

by the direction & consent of they and said Edward T Clippinger said

executor shall sell & convey any or all of said real estate & for the proceeds

to said Arabella C & Susan C & Edward T Clippinger their heirs and assigns

share & share alike or reinvest the same in the real estate to be used &

occupied by said John A Clippinger as aforesaid in lieu of said real estate

so sold as said John A Clippinger shall direct


Fifth I appoint my husband John A Clippenger executor of this my said

will

her

April 16 1879. Julia A x Clippinger

mark {Seal}


Signed by said Julia A Clippenger in our presence & by her declared

as her last will and testament and by us signed as witnesses in her presence

and at her request

April 25 1879 Susan C. Coban

H.C. Godman.

As a codicil to the foregoing will I order that before any money be paid

to my children under the provisions of the 3rd item of said will that enough

thereof be used to first pay off my indebtedness that now exists

against me or against the property by said will disposed of the restriction

being especially to pay off a mortgage on my present residence

her

Julia A x Clippinger

mark

Signed by Julia A Clippinger & by her declared as a codicil to the

will in our presence and by us signed as witnesses in her presence
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 267)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 267)

Description

[page 267]

[corresponds to labeled page 210 of Will Record Vol. 6 1876 - 1883]

210

Julia A Clippinger Estate

and at her request

April 16 1879.

Susan C. Coban

H. C. Godman

The State of Ohio

Delaware Co ss.

To David Coban, Greeting:

Know We 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 Susan C

Coban subscribing witness to the last will and testament of

Julia. A. Clippenger hereto 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 Susan C Coban to be brought before you and

then and there to examine her on oath or affirmation first

taken before you touching the due execution of said will

of the said Julia A Clippenger and that you reduce such

examination to writing and return the same together with this

commission and will of said Julia A Clippenger thereto

annexed closed up under your seal into our said Probate Court

with all convenient speed.

In Testimony Whereof I, F B Sprague Judge of the said

Court have hereunto sett my hand and affixed

the seal of said court at Delaware this

14 day of June 1879.

F B Sprague

Probate Judge


Probate of the Will


The State of Penn.

Laurence Co. ss

Personally appeared in open court before me a

commissioner duly appointed by the probate court of Delaware Ohio

Susan C Coban one of the subscribing witnesses to the last will

and testament of Julia A Clippinger who being duly sworn

to according to law to speak the truth, the whole truth, and

nothing but the truth, in relation to the execution of said will

& codicil depose and say that the paper before them purporting

to be the last will testament and codicil of Julia A Clippin-

ger now deceased is the will of said deceased, Julia A Clippinger

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 268)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 268)

Description

[page 268 ]

[corresponds to labeled page 211 of Will Record Vol. 6 1876 - 1883]

211


that H C Godman was the other subscribing Witness that we were

present at the execution of said will and Codicil at the request of

the testatrix subscribed our names to the same as witnesses in her

presence and that we that we saw the said Julia Clippen-

ger sign and seal said will and heard her acknowledge

the same to be her last will and testament that the said

Julia A. Clippinger at the time of making signing and sealing

said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever.

x Susan O Coban

Sworn to and Subscribed in open court this 16 day of

June 1879

David Coban

Commissioner

Probate of the Will


The State of Ohio

Delaware Co. ss

Personally appeared in open court Henry C Godman,

the other subscribing witnesses to the last will and testament of Julia

A Clippinger 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 will and testament of Julia A Clippinger

now deceased is the will of said deceased Julia A Clippinger

That Susan C Coban was the other subscribing witness that we

were present at the execution of said will and codicil at the request

of the testatrix subscribed our names to the same as witnesses in her

presence and that we saw the said Julia A Clippinger

sign and seal said will codicil and heard her acknowledge

the same to be her last will and testament that the said Julia

A Clippinger at the time of making signing and sealing said

will & codicil was of legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint

whatsoever

H. C. Godman

Sworn to and subscribed in open court this 21 day

of June 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 269)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 269)

Description

[page 269]

[corresponds to labeled page 212 of Will Record Vol. 6 1876 - 1883]

212

Richard F Cooke Will

On this day the last will and testament of Richard F Cooke was

presented and duly proven and ordered admitted to probate and record.

Copy of the Will

I Richard F Cooke being of sound mind and disposing memory

do make and ordain this as my last will and testament

Item 1st In the first place it is my will that after my death my burial expenses

and Just debts if any shall be first paid out of my estate.


Item 2nd It is my devise that my estate be equally divided among all of

my children in such manner as that all shall be equal taking

into consideration what I have heretofore given them


Item 3rd I hereby nominate and appoint my sons Watson M Cooke and

Boliver H. Cooke my executors and it is my devise that they

execute this my last will and testament without executing

bond for the same and I hereby vest them with title to Whatever

may remain of my estate at my death with full power to sell

and dispose of any property either real or personal or mixed either

privately or publicly as they in their Judgment may think proper

and most to the interest of all the parties entitled therein and to

execute title to the same by deeds of conveyance in their own

name or names, and that a deed or bond executed in the name

of one of them in case the other should die or decline to qualify or

act shall be as good and which to all intents and purposes

as though it were signed and executed by both


Item 4th It is my will that in case that either of my said executors should

die or decline to qualify or act that the other have full power

and authority to do any and all things necessary to be done in about the

execution of the same that is herein conferred upon both


Item 5th It is my will that my executor shall have such time in the execution

of their duties powers and trusts herein required and conferred upon

them as may be necessary for the best interest of all the parties

interested in the premises and may make distribution from

time to time of any funds that may come into their hands to those

entitled.


Item 6th As I have heretofore given off to my children some property and desire

that they shall all be made equal in my estate and him given

consideration what I heretofore given them as well as what they

may hereafter receive I have given to all my children except

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 270)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 270)

Description

[page 270]

[corresponds to labeled page 213 of Will Record Vol. 6 1876 - 1883]

213

Richard F. Cooke


my son Watson M Cooke and my daughters Minerva and Adaline

about one hundred dollars in personal property each I have

given to my Adaline Dowell one hundred & 35 acres of land being

the lands as where she now lives which lands have been

surveyed by me and plainly marked and set apart for her

several years ago but no deed was ever executed to her It is my

will that after my death my executor execute to her a deed for

the same I have given to my daughter Minerva Bockmon one

hundred and eighty eight acres of land being the land

whereon Journa & wife now live and being the lands that

were sold by B G Kinslow to Garold Dyer and conveyed by

me to said Dyer the above named 188 acres was a gift except

this - Said B. B. Kinslow paid to me one hundred dollars as

a part consideration for said lands I have heretofore given

to my daughter Dorinda McClellan 130 acres of land being

the lands whereon R L Linsey now lives no deed was ever executed

by me to said Dorinda McClellan said Dorinda husband John

McClellan sold said lands to B G Kinslow and said Kinslow

sold same to R L Linsey and I paid or rather furnished the one and

to said Lindsey to pay said Kinglow for said lands I never

executed any bond for any deed to any person for the same and

regard it as a gift by me to my daughter Jenira Lindsey Dorinda

McClellan is dead Daisy Monroe and Margaret Winters

are her only children my daughter [Rebecca] Zenira Lindsey is also dead - It

is my desire that my executors make title to the bodily heirs of my

said daughter Z Lindsey to said 15 acres above named I have

also heretofore given to my daughter Harriet Hawes 235 acres of land

which said 235 acres lies South of the lands of J A Ray

and East of the above described 250 acres and lying on both sides

of the sparta & gainsboro road which said tract have been surveyed

by me with plainly marked and set apart to my said Harriet

Mawse deed title to said 235 acres of land The above named and

described tract of land advanced by me to my said daughter

aforesaid is valued by me at one dollar & 25 each per acres and I direct

that my executors in making distribution of my estate charge my

said daughter their bodily heirs one dollar and twenty five per

acre except the one hundred and 88 acres given to my daughter

Minerva that is to be credited with one hundred dollars paid

to me by B G Kinslow as herein stated and here that there may

be no misunderstanding by my executors in estimating the land

given by me to my daughter Minerva and Adaline as they

got more valuable lands than was given by me to my other daughters

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 271)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 271)

Description

[page 271]

[corresponds to labeled page 214 of Will Book Vol. 7 1876 - 1883]

214

Richard F Cooke's Will.

I intended that the lands charged to them at $1.25 per acre

to be made equal as per acres with the lands given my other

daughters per acre and the one hundred dollars by them each

received as herein before named my daughters Minerva & Adaline

are not to have one hundred dollars each to make them equal

with the advancements of $100.00 advanced to the other heirs

named in the personal property they having received at least

that much each in getting the above valuable lands.


Item 7 It is my will that my executor retain out of the estate before

making final distribution an amount necessary to pay them

their agents and attorneys a fare compensation for their trouble

and expense necessarily expended in the execution of this my

last Will and Testament:

In testimony whereof I have hereto set my hand

and seal this 6 day of August 1870.

Richard F Cooke

Signed by the testator }

in our presence and the }

presence of each other }

have witnessed the same }

date above written }

H Denton }

K. B. Dowell }

Giles Bradford JP}


State of Tennessee }

Putnam County }

This day there was produced in open court a

writing purporting to be the last will and testament of Richard F

Cooke decd written on a full sheet of paper and signed by testator

and witnessed by H. Denton W. B Dowell and Giles Bradford and said

H Denton and Giles Bradford two of the subscribing witnesses to said will

being duly sworn state that they were present and saw the testator

sign said will and acknowledge the same in their presence as his

last will and testament and that he was of sound mind and

disposing memory and that he requested them to subscribe the same

as witnesses to the execution of said will and Watson M Cooke

one of the executors in said will being present in court and

accepting the trust was duly qualified as such executor and B. H.

Cooke an other executor named in said will not being present presented

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 272)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 272)

Description

[page 272]

[corresponds to labeled page 215 of Will Record Vol. 6 1876 - 1883]

215

Richard F Cooke


presented by his attorney a written communication notifying the

court that he was present willing to except the trust confided

to him by his father R F Cooke decd in his last will and

testament but not being able to be now before the court and to be

qualified as the law requires on motion it is ordered that the

clerk of this court to qualify said B. C. Cooke as one of the executors

of said will at any time by having him to subscribe to the necessary

oath which is to be filed with the papers in this cause. Ordered

that said will having been duly proven be received and that

letters testamentary be issued to said executors.

Witnessed by H. P.

Davis clerk of said court at office in Cookville

on this the first Monday in November 1870

W. P. Davis

State of Tennessee }

Putnam County SS }

I W J Isbell clerk for the county of Putnam

in the state aforesaid do certify that the foregoing is a correct copy

of Will of Richard F Cooke as appears of Record in my office in

wills & inventory Book "B" on pages 144 & 145 146 & 147

Given under my hand and seal of my office

at office this the 24 day of March 1879.

W J Isbell clerk

for Putnam County Court


State of Tennessee }

Davidson County }

Personally appeared before me James Everett

a Notary Public and Justice of Peace in and for said county Boliver

H Cooke who being duly sworn states that he is the sole surviving executor

of the last will and testament of Richard F Cooke deceased and

that W M Cooke the other executor named in said will died in the

year of 1877.

B. H. Cooke

Sworn to and subscribed before me this 28th day

of March 1879.

Jas Everett

Notary Public

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 273)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 273)

Description

[page 273]

[corresponds to labeled page 216 of Will Record Vol. 6 1876 - 1883]

216

Margaret Lisaters Will


On the 6th day of September A. D. 1879 the last Will

and testament of Margaret Lisater decd was duly proven

and ordered admitted to Probate and record

F. B. Sprague Probate Judge


Copy of the Will


In the name of God Amen

I Margaret Lissiter being of sound

mind and memory do this 22d day of May in the

year of our Lord one thousand eight hundred and

seventy three make and proclaim this as my last will

and testament, hereby revoking all former wills by me made

Item 1st I do give and bequeath to my beloved daughter Margaret

Duffy all my real estate consisting of a farm of thirty

acres more or less situate in Mill Creek township Union

County Ohio and being the farm formerly purchased by me of

Henson Merriman, to have and to hold the same during the

term of her natural life, and at her death all right and

title to same real estate to my beloved Grandson George Duffy

son of my said daughter Margaret Duffey

Item 2nd To my beloved daughter Hannah Hays I do give and bequeath

my stove, Bureau and two dining chairs

Item 3 I do give and bequeath the following articles of personal

property to my before mentioned daughter Margaret Duffey

viz Two Beds & Bedding Two Rocking chairs One clock, stand

carpet & Trunk

Item 4 I hereby appoint P. A. Willis of Concord Township Delaware

County O Executor of this my last will and direct him

to pay all my debts & funeral expenses as soon as practicable

out of monies I may have on hand at my death, to collect all

monies that may be due me on notes Bonds & Mortgages and to

pay the same in equal shares to my beloved children James

Norris, Joseph Norris, Jeremiah Norris, Alexander Norris, Sarah

Ann Carter, Elinor Haylor & Hannah Hays.

Margaret Lissater {Seal}

Signed this 22nd day of May 1873 in our presence by Margaret

Lissater and signed by us in her presence

John S Smart

Witnesses Henson Merryman [Merriman]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 274)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 274)

Description

[page 274]

[corresponds to labeled page 217 of Will Record Vol. 6 1876 - 1883]

217


Probate of the Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open court John S

Smart and Henson Merryman the subscribing witnesses to the

last will and testament of Margaret Lisater 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 Margaret Lisater now deceased, is the

will of the said deceased Margaret Lisater that they were present

at the execution of said will at the request of the testatrix sub

scribed their names to the same as witnesses in her presence &

that they saw the said Margaret Lisater now deceased sign &

seal said will and heard her declare & acknowledge the same

to be her last will & testament, that the said Margaret Lisater at

the time of making signing & sealing said will was of legal age

and of sound and disposing mind & memory and under no

undue or unlawfull restraint whatever

John S Smart

Henson Merryman

Sworn to and subscribed in open court this 6th day of September

1879.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 275)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 275)

Description

[page 275]

[corresponds to labeled page 218 of Will Record Vol. 6 1876 - 1883]

218

Thomas Slough's Will

On the 20th day of September A.D. 1879, the last will

and testament of Thomas Slough deceased was duly proven

and ordered admitted to Probate and record as the last will

and testament of the said decd Thos Slough

F.B. Sprague

Probate Judge


Copy of the Will


In the name of God the Father, the Son, and the Holy Ghost

I Thomas Slough of Concord Township Delaware

County Ohio do make and publish this my last will &

testament revoking all other wills by me heretofore made

1st I direct that after my decease my body be decently and

in a Christian manner burried

2nd All my debts shall be honorably and fairly paid out of my

estate as hereinafter provided

3rd I give and bequeath to my beloved wife Amanda Elizabeth

in fee simple my farm in Delaware Township Delaware County

O. about one mile from the city of Delaware with all my stock

farm utensils grains household goods and monies & credits

4th I desire that my mill property in Concord Township

Delaware County Ohio be sold as soon as this can be done to

the interest of my estate and out of the proceeds of this sale

my debts shall be paid and the remainder shall be divided

equally among my children

5th I hereby nominate and appoint James L Slough as executor

of this my last will and testament who shall have power

to make sale and execute deeds without authority from court

6th I appoint my wife Amanda Elizabeth Guardian

of my infant children.

In testimony whereof I hereunto set my seal this

this twenty fifth day of June 1879.

Thomas Slough {Seal}


Signed and acknowledged in our presence who in his presence

and at his request have hereunto set our hands this 25th

day of June A.D. 1879

John Vogt Seal

Daniel Schnoke Seal
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 276)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 276)

Description

[page 276]

[corresponds to labeled page 219 of Will Record Vol. 6 1876 - 1883]

219

Probate of Will

The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in open court John Vogt

& Daniel Schnoke the subscribing witnesses to the last will

and testament of Thos Slough 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 Thomas Slough now deceased, is the will of the

said deceased Thomas Slough, 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 Thomas Slough deceased sign and seal said will and

heard him acknowledge the same to be his last will & testament

that the said Thomas Slough at the time of making signing sealing

said will was of Legal age and of sound and disposing mind &

memory and under no undue or unlawfull restraint whatsoever

J Vogt

D. Schnoke

Sworn to and subscribed in open court this 20th day of Sept A.D. 1879

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 277)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 277)

Description

[page 277]

[corresponds to labeled page 220 of Will Record Vol. 6 1876 - 1883]

220

John P. Lacroix Will

On the 26th day of September A.D. 1879 the last will

and testament of John P. Lacroix was presented and

duly proven as the last will and testament of John

P Lacroix decd and ordered admitted to Probate and

record as such

F. B. Sprague

Probate Judge

Copy of the Will

Last will & testament of J P Lacroix

I give to my son Novalis the means of a good education

so long as he makes a good record morally and scholastically, I

give to him also fifty volumes at his choice from my library

I give to Aveline & Gertrude my daughters also the means of

a good education, Their guardian is to judge as to what is a

reasonable allowance for them, I divide equally between Aveline

and Gertrude whatever (if anything) be left after the youngest of

my children living shall have reached his or her majority

If either Aveline or Gertrude dies a minor the share of both goes

to the minority survivor

I divide equally between Novalis Aveline and Gertrude the pictures

which are in the house

I select the Rev. Leroy A Belt as my executor and as the

Guardian of my children

I request my executor to consumate the purchase of the lot in

which my wife is burried and in course of time to erect a

plain family monument upon it

If Aveline and Gertrude both die minors their property is to be given

to the university, I commend to Aveline & Gertrude the care

of their afflicted younger Brother. In testimony hereof I have

hereunto set my hand and seal

This 22nd day of July 1879 J. P. Lacroix {Seal}


Signed and acknowledged by said John P Lacroix as his

last will and testament in our presence and signed by

us in his presence and at his request

James R Lytle

Margaret N Burkholder
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 278)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 278)

Description

[page 278]

[corresponds to labeled page 221 of Will Record Vol. 6 1876 - 1883]

221

Probate of Will
____________


The State of Ohio }

Delaware County } SS In Probate Court at Delaware in and for

said county on the 26th day of September 1879

Testimony in proof of the last will and testament of John

P Lacroix late of the town of Delaware in said county deceased

We James R Lytle and Margaret N Burkholder, being

duly sworn in open court on the day and year aforesaid depose

and say that the testator signed the foregoing last will in

our presence and that he called upon us to witness the same

as his last will, and that we in his presence signed the same

as such witnesses, and we on our oaths further say that the

testator at the time of executing said will was of full age, of

sound disposing mind and memory and was not under restraint

James R Lytle

Margaret N Burkholder

Sworn to and subscribed before me this 26th day of September

A.D. 1879 F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 279)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 279)

Description

[page 279]

[corresponds to labeled page 222 of Will Record Vol. 6 1876 - 1883]

222

George Jacobus Will

On the 23rd day of September A.D. 1879, the last

will and testament of George Jacobus who died Aug 31

1879, was presented for Probate, and duly proven as the last

will and testament of said deceased Geo. Jacobus and

ordered admitted to Probate & record as such

F. B. Sprague

Probate Judge

Copy of the Will

In the name of the Benevolent Father of all

I George Jacobus of Trenton Township Delaware

County 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 my farm on which we now reside situate in

County and State above mentioned Containing about fifty

six (56) acres during her natural life time, 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

After selling enough however to pay my funeral expenses

and all my other just debts: At the death of my

said wife the real estate aforesaid, I give and devise

to my sons William Jacobus and Marcus Jacobus and

their heirs

2nd And to each of my three heirs daughters Ellen Lake

Elizabeth Jacobus and Mary Ann Jacobus I give &

bequeath (100) One Hundred dollars each to be paid

by my two sons above mentioned, William Jacobus and

Marcus Jacobus, Ellen Lake to secure her portion in

one year after, Elizabeth Jacobus to secure her portion

in two years after, and Mary Ann Jacobus to secure

her portion three years after the decease of my said

wife: My Son Westly Jacobus, who now resides in

Jones County Iowa is to have no portion of my present

estate having provided for him heretofore

4 I do hereby nominate and appoint my son William Jacobus

the executor of this my last will and testament

In testimony hereof I have hereunto set my hand

and seal this 26 day of August in the year 1879

his

George X Jacobus {Seal}

mark

Signed and acknowledged by said George Jacobus
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 280)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 280)

Description

[page 280]

[corresponds to labeled page 223 of Will Record Vol. 6 1876 - 1883]

223


as his Last will and testament in our presence and signed by

us in his presence Edgar M Condit

T. H. VanKirk


Probate of Will
----------------

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open Court Edgar M

Condit & T. H. VanKirk the subscribing witnesses to the last

will and testament of George Jacobus decd who being

duly sworn according to law to speak 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 George Jacobus now deceased is the will of the said deceased

Geo. Jacobus 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 George Jacobus decd sign and seal said will and heard

him acknowledge the same to be his last will and testament

that the said George Jacobus at the time of making signing

and sealing said will was of Legal age and of sound

and disposing mind and memory and under no undue

or unlawful restraint whatsoever


Edgar M. Condit

T. H. VanKirk

Sworn to and subscribed in open court this 23rd day of

Sept. 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 281)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 281)

Description


[page 281]

[corresponds to labeled page 224 of Will Record Vol. 6 1876 - 1883]

224

Thomas W Wigton's Will

On the 29th day of September A.D. 1879, the last will

and testament of Thos W Wigton was duly proven and

ordered admitted to Probate and record

F. B. Sprague

Probate Judge

Copy of the Will.

In the name of the Benevolent Father of all, I Thomas

W Wigton of Berkshire Township Delaware County Ohio

do make and publish my last will and testament

1st I give and devise to the heirs of my youngest son, William

A Wigton now deceased, the farm on which they now

reside in Berkshire Township Delaware County and

State of Ohio Containing one Hundred and fifty five acres

of land be the same more or less. Also all personal

Property moneys and credits belonging to me at and after

my decease Conditioned as follows, that the said heirs of

William A Wigton shall comfortably support in all

of the necessaries of life the said Thomas W Wigton

during his natural life with due respect to age and circumstances

that they shall furnish medical aid when requested that they

shall pay all funeral expenses etc for the above named person

Also that the said heirs of William A Wigton shall pay all

necessary expenses arising from the execution of this will

Also in consideration of the above devise I require that

the said heirs of William A Wigton pay to the youngest

son of my daughter Elizabeth Hall one Hundred &

fifty Dollars Also to my daughter Rhoda Collum's heirs

Three Hundred Dollars. Also to my daughter Nancy

Lee's Heirs Three Hundred dollars, Also to my Son

Thos Frasier Wigton Four Hundred dollars oldest heirs

Three Hundred dollars. All the above payments to

become due Ten years after the decease of the said

Thomas W. Wigton

I do hereby nominate and appoint Sarah Wigton and

H. C. Frost Executors of this my last will and tes-

tament.

I desire that Sarah Wigton widow of William A Wigton

deceased shall have the use of all of my real estate as

long as she remains his widow. I do hereby revoke

all former wills by me made

In testimony hereof I have hereunto set my hand
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 282)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 282)

Description

[page 282]

[corresponds to labeled page 225 of Will Record Vol. 6 1876 - 1883]

225

Thomas W Wigtons Will

and seal this Twenty Ninth day of April A.D. 1873.

T. W. Wigton {Seal}

Signed and acknowledged by said Thomas W Wigton as his

last will and testament in our presence and signed by us

in his presence R Letts

H. C. Frost

Probate of Will


The State of Ohio }

Delaware County } SS Probate Court

In the Probate Court at Delaware in and

for said County on the 29th day of September 1879

Testimony in proof of the last will and testament

of Thomas W. Wigton late of the Township of Berkshire

in said county deceased

I Henry C. Frost (Reed Letts the other subscribing

witness being now dead) being duly sworn in open Court on

the day and year aforesaid depose and say that the paper

before them purporting to be the last will and testament

of George Jacobus now deceased is the will of the said

Testator signed the foregoing last will in our presence

& that he called upon us to witness the same as his last

will and that we in his presence signed the same as such

witnesses and that I on my oath further say that the

said testator at the time of executing said will was

of full age of sound disposing mind and memory

and was not under restraint

H. C. Frost

Sworn to and subscribed before me this 29th day of Sept

A. D. 1879. F. B. Sprague Probate Judge


The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in open court Mary

J Frost wife of Henry C. Frost who being duly sworn

in open Court says that she was present in the room at

the time of the execution of the will of Thos W Wigton decd

late of Berkshire Township Delaware County, Ohio, That

Reed Letts now decd one of the subscribing witnesses to

said will was present in the room at the execution

of said will and that she saw said Reed Letts subscribe

said will as a witness thereto and that she is acquainted

with the hand writing of said Reed Letts and has

every reason to believe from the appearance of said sig-

nature that it is the signature of Said Reed Letts made
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 283)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 283)

Description

[page 283]

[corresponds to labeled page 226 of Will Record Vol. 6 1876 - 1883]

226


by him in his life time and attached to said will in

my presence Affiant further says that she has every

reason to believe that at the time of the execution of

said will said testator Thomas W Wigton was of

legal age and of sound mind and memory

Mary J. Frost

Sworn to and subscribed before me this 29th day of

September A.D. 1879

F. B. Sprague

Probate Judge

====================================================


September 27th 1879

Emma A Fowler's Will

On the 27th day of September 1879 the last will and

testament of Emma A Fowler decd was duly proven

and ordered admitted to Probate & record

F B Sprague

Probate Judge

Copy of the Will

In the name of the Benevolent Father of all,

I Emma A Fowler wife of William D Fowler being of

Sound mind and memory do make and publish this

my last will and testament hereby revoking any and

all former wills made by me

First I hereby give devise and bequeath to my beloved Husband

William D Fowler all my property of every kind and

description real personal and mixed to be his absolutely

Second I hereby nominate and appoint my beloved husband

William D Fowler executor of this my last will and

testament.

In testimony whereof I do hereunto set my hand subscribe

my name and affix my seal this twenty Third day of

August in the year of our Lord One thousand Eight

Hundred and seventy nine

Emma A Fowler {Seal}

Signed and sealed by Mrs Emma A Fowler in our presence

and the foregoing will & testament acknowledged published

and declared by her to be her last will and testament in

our presence and the same was signed by us at her request

in her presence as witnesses and in the presence of each

other this 23rd day of August A.D. 1879:

E. B. Adams

Nettie S Cross
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 284)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 284)

Description

[page 284]

[corresponds to labeled page 227 of Will Record Vol. 6 1876 - 1883]

227

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open Court E. B. Adams

& Nettie S Cross the subscribing witnesses to the last will and

testament of Emma A Fowler 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 Emma A Fowler now deceased is the will of

said deceased Emma A Fowler, that they were present at the execution

of said will at the request of the testatrix subscribed their names

to the same as witnesses in her presence & that they saw the

said Emma A Fowler deceased sign (by mark) and seal said will

and heard her acknowledge the same to be her last will and

testament, that the said Emma A Fowler at the time of making

signing and sealing said will was of Legal age and of sound

and disposing mind and memory and under no undue or

unlawful restraint whatsoever E. B. Adams

Nettie S Cross

Sworn to and subscribed in open court this 27th day of Sept

A.D. 1879. F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 285)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 285)

Description

[page 285]

[corresponds to labeled page 228 of Will Record Vol. 6 1876 - 1883]

228

Jeremiah Strawser's Will

October 15th 1879

On this day the last Will and testament of Jeremiah

Strawser decd was presented for Probate; duly proven,

all forms of law complied with and ordered admitted

to Probate and record

F. B. Sprague Probate Judge


Copy of the Will


In the name of the Benevolent Father of all

I Jeremiah Strawser of Troy Township

Delaware County Ohio being of sound and disposing mind

and memory do make and publish this my last will

and testament

1st I desire all my just debts funeral expenses and other

claims against my estate to be first fully paid

2nd I give and devise to Samuel F Strawser for use during his

lifetime, Twenty Acres off the South side of my home

Farm and adjoining the High farm: At his decease

the above mentioned twenty acres to go to the legal heirs

of said Samuel F Strawser in equal proportions

3rd I give and devise to Henry M Strawser for his use during

his life time Twenty acres immediately north of, and ad-

joining the twenty acres devised to Samuel F Strawser

and at his death to his said Henry M Strawser legal heirs

in equal proportions

4 I give devise and bequeath to my beloved wife Ester Ann Strawser

for her use during her life time and in lieu of dower, the

remainder of my home farm Containing about Forty one

acres: After the death of my said wife I direct that

said last named real estate so devised for the use of my

said wife go in equal proportions to my two sons

Samuel F Strawser & Henry M Strawser & my daughters

Mary Jane Holcumb & Catherine E Taylor, for their use during

their life time and at their death to go to their legal heirs

in equal proportions

5 I give and devise to Mary Jane Hocum my daughter

for her use during her life the south half of a tract of

land of about 13 acres adjoining my home farm (former-

ly owned by Henry M Strawser) and at her death to go

to her legal heirs in equal proportions
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 286)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 286)

Description

[page 286]

[corresponds to labeled page 229 of Will Record Vol. 6 1876 - 1883]

229

Jeremiah Strawser's Will


6th I give devise and bequeath to my daughter Catharine E

Taylor the north half of the above mentioned tract of land

for her use during her life time and at her death to go to her

legal heirs in equal proportions

7th I give devise and bequeath to my wife after my just debts

are paid a liberal years support out of my personal property

and if any thing then be left to be divided equal between my

wife and heirs, that is one third to my wife and the remainder

in equal proportions between my heirs

8th I hereby direct that in the event that any of my heirs attempt

to break this my last will and testament, such one shall

be and is hereby disinherited, and the proportion which he

or she would have inherited shall go to such of my heirs

as abide by my wishes and desires as expressed above

9th I hereby nominate and appoint John Waters my executor to

carry out the provisions of this my last will and testament

The erasures & interlinations in the above were made before the signing

thereof. In testimony whereof I have hereunto attached my

hand and fixed my seal this 12th day of October A.D. 1877

Jeremiah Strawser {Seal}

Signed by said Jeremiah Strawser in our presence who in his

presence and at his request have hereunto set our hands this

12th day of October A.D. 1877 T. E. Powell

F. M. Marriott


Probate of the Will

The State of Ohio Delaware County} ss Personally appeared in open Court T. E. Powell

& F. M. Marriott the subscribing witnesses to the last will and testament of Jeremiah

Strawser decd who being duly sworn to speak 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

Jeremiah Strawser now deceased, is the will of the said deceased Jeremiah Strawser
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 Jeremiah Strawser

decd sign and seal said will heard him acknowledge the same to be his last will

and testament, that the said Jeremiah Strawser at the time of making signing

and sealing said will was of Legal age and of sound and disposing mind and memory
and

under no undue or unlawful restraint whatsoever. T. E. Powell, F. M. Marriott

Sworn to and subscribed in open court this 15th day of October A.D. 1879

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 287)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 287)

Description

[page 287]

[corresponds to labeled page 230 of Will Record Vol. 6 1876 - 1883]

230

Olive Eatons Will

October 17th 1879

On this day the last will and testament of Olive Eaton

deceased was presented for Probate and all the forms of

law being complied with has duly proved and ordered

admitted to Probate & Record as the duly proved Last

Will & testament of said deceased Olive Eaton

F. B. Sprague

Probate Judge


Copy of the Will

In the name of the Benevolent father of all

I Olive Eaton of Delaware County Ohio

do make and publish this my last will and testament

1st It is my will that all my just debts and all charges

be paid out of my estate

2nd I give and devise all the residue of my estate both real & per-

sonal, to my daughter Olive B Cruikshank to be to her

and her heirs forever

3rd I do hereby nominate and appoint Eliza B Cruikshank

executrix of this my last will and testament and hereby

authorize her to compromise release and discharge in

such manner as she may deem proper the debts due

me and 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

And I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my

hand and seal this 16th day of February A.D. 1870

Olive Eaton {Seal}

Signed and acknowledged by said Olive Eaton as her last will

and testament in our presence and signed by us in her

presence Alfred C Howard

Olive L Young


Probate of the Will


The State of Ohio Delaware County } SS

Personally appeared in open Court Olive L Young one of the

subscribing witnesses to the last will and testament of

Olive Eaton decd who being duly sworn according to

law to speak 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 Olive Eaton now decd

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 288)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 288)

Description

[page 288]

[corresponds to labeled page 231 of Will Record Vol. 6 1876 - 1883]

231

Olive Eaton's Will

is the will of the said deceased Olive Eaton, That Alfred C

Howard was also present and signed said will as a witness

that they were present at the execution of said will at the request

of the testator, subscribed our names to the same as wit-

nesses in his presence that they saw the said Olive Eaton deceased

sign and seal said will and heard her acknowledge the same

to be her last will and testament that the said Olive Eaton decd

at the time of making signing and sealing said will was of Legal age

and of sound and disposing mind and memory and under no

undue or unlawful restraint whatsoever

Olive L. Young

Sworn to and subscribed before me this 7th day of Oct. 1879

F. B. Sprague

Probate Judge

The State of Ohio Delaware County SS

In Probate Court October 17 1879

Now comes Francis D. Howard who being duly sworn

says that he is a Brother of Alfred C Howard now decd whose sig-

nature is attached as a witness to the will of Olive Eaton decd

hereto attached, that he is well acquainted with his deceased

Brothers signature and recognized the signature of the said Alfred

C Howard as being his said signature and has every reason

to, and does believe said signature to have been made by his

said brother during his lifetime

F. D. Howard

Subscribed and sworn to before me this 17th day of October 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 289)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 289)

Description

[page 289]

[corresponds to labeled page 232 of Will Record Vol. 6 1876 - 1883]

232

Benjamin Heath's Will

October 18th 1879

On this day the Last Will and testament of Benjamin

Heath was presented and all forms of law having been

Complied with was duly proven and ordered admitted

to Probate and Record

F. B. Sprague Probate Judge


Copy of the Will
_____________

In the name of God Amen

I Benjamin Heath of the County

of Delaware and State of Ohio being of sound mind

and retentive memory do make and publish this my

last will and testament to,

Item 1st I do give and devise to my beloved wife Parmelia Heath

all my property both personal and real estate during her

natural life she however selling so much thereof as may be nec-

essary to pay my just debts, And at the death of my said

Wife the real estate and such part of the said personal prop-

erty or the proceeds thereof as may remain unconsumed

or unexpended to be sold and the proceeds to be divided as

follows, The one Eighth part to my grand daughter

Elizabeth Jane Neil. The Balance to be equally divided

between my three sons Othoniel, William Hand and

Richard Heath with the exception that I hold a mem-

orandum note against the said Richard of four

Hundred and forty Eight dollars the amount of said

note with the interest at six per cent from the date

of this instrument to the time the said property is to

be divided to be deducted from the said Richard's portion

It is further my will that when said real estate is to

be sold that my sons Othoniel and William Hand

Heath shall have the privilege of taking the same at fifty

dollars per acre, and if they do not chose to do so the

said real estate to be sold at public sale to the highest

bidder: I also give and devise to Mary Ann Siegfried a

certain note of hand against George H Heath to Benjamin

Heath of one Hundred and forty four dollars and sixty

cents dated December 18th 1854 due one year from date at

eight per cent interest

Further I do hereby nominate and appoint my two sons

Othoniel and William Hand Heath executors of this

my last will and testament to execute and carry

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 290)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 290)

Description

[page 290]

[corresponds to labeled page 233 of Will Record Vol. 6 1876 - 1883]

233


into effect this my last will and testament hereby authorizing

and empowering them after the decease of my said wife to sell

and dispose of the farm and property that may remain

thereon and a deed to execute to the purchaser etc and I do

hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand and

seal this 28th day of June A.D. 1876

Benjamin Heath {Seal}

Signed and acknowledged by said Benjamin Heath to be

his last will and testament in our presence and signed

by us in his presence Frederic Berlet

Andrew Hawkins


Probate of the Will

The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in open Court

Frederic Berlet and Andrew Hawkins the subscribing

witnesses to the last will and testament of Benjamin Heath

deceased who being duly sworn according to law to speak

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 Benjamin Heath now deceased

is the will of said deceased Benjamin Heath, 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

Benjamin Heath deceased sign and seal said will and

heard him declare the same to be his last will and testament

that the said Benjamin Heath at the time of making signing

and sealing said will was of legal age and of sound and

disposing mind and memory and under no undue or

unlawfull restraint whatsoever

Frederic Berlet

Andrew Hawkins

Sworn to and subscribed in open Court this 18th day of

October A.D. 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 291)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 291)

Description

[page 291]

[corresponds to labeled page 234 of Will Record Vol. 6 1876 - 1883]

234

Ralph Hills Will

October 23rd 1879

On this day the last will and testament of Ralph

Hills decd was presented for Probate and record

And all the forms of Law relating to the probate of

Wills having been complied with, the said will was

duly proven, and ordered admited to Probate and

record F. B. Sprague

Probate Judge


Copy of the Will
_____________

Know all persons by these present that I Ralph Hills

of Sound mind and memory do hereby give and

bequeath to my wife Emily, her heirs and assigns

the house and lot on which we now reside in the

town of Delaware Delaware County Ohio on the East side

of Sandusky Street it being part of out lot 41 in said

town immediately adjoining and bounded on the north

by the property of Dr Cornell and on the South by the

property of the late David T Fuller in part - and also

in part by an alley running from Sandusky to Union

Streets having a frontage on Sandusky Street of 82? feet

and on the east of said Fuller lot which is twelve Rods

deep having a width of 132 feet being bordered by said alley

and running from Sandusky Street East three Hundred

feet or within one Hundred and twelve and a half feet

of Union Street. I also give and bequeath to her the

two lots and Cottages thereon fronting on Union Street and

lying next to the Cornell property on the north & having

a combined frontage on Union Street of Seventy one feet

and running west to the east line of the lot first above

described and making with it a continuous from San-

dusky Street to Union Street

To my Grand daughter Jennie E Hills I give and bequeath

the house and lot lately my residence on Franklin Street

lying between the residence of John Anderson on the north

and the house & lot of George Pugh on the South, having

a frontage of thirty feet on Franklin Street and running

West twelve and a half rods, Also six lots in East Dela-

ware lying in one block on Prospect Street, the lots being

numbered 590, 591, 595, 596 597, 598 which I would rec-

ommend to be subdivided by lines running north and

south so as to have all of them front on Prospect Street

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 292)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 292)

Description

[page 292]

[corresponds to labeled page 235 of Will Record Vol. 6 1876 - 1883]

235

Ralph Hills, Will

The remainder of my real estate consisting of the two houses and

lots of Union Street bounded on the north by the lots bequeathed

herein to my wife Emily and on the south by the alley herein

referred to having a combined frontage of sixty one feet on

Union Street and running West One Hundred feet bearing in their

rear an alley of twelve and a half feet for common use, I hereby

direct to be sold whenever they can be sold for a total sum not

less than two Thousand dollars and the proceeds thus realized

to be equally divided between my two living sisters Mrs Mary An-

derson and Mrs Elmora Avery

My personal property I bequeath as follows, - my horse and buggy

to my wife Emily. My Medical library including surgical

instruments and anatomical plates with their portfolios to the

first nephew or other nearest relative including my step grandson

Ralph Ely who may adopt the medical profession to be kept by

my wife Emily in trust therefor until it becomes Known who

by the above condition the true legatee may be

My compound microscope together with the Slides apparatus and

instruments thereto belonging and all books on microscopy

(About a dozen) to Ralph Ely. My Photographic apparatus

Chemicals & Books on that subject to my nephew John

Hills Son of Brother Chauncy Hills

My miscellenaneous Library to be equally divided between my

Wife Emily and my Granddaughter Jennie E Hills by

each either in person or by proxy selecting books or works

alternatively Keeping the equlebrium as near as may

be in so doing the first choice decided by lot

The Sterescopic & Photographic pictures both large and

small to be divided in a similar manner between Fannie

N. Ely and Jennie E Hills

My "Jo Windward" and secretary and stand to Ralph

Ely. My gold watch and gold headed cane to Jennie

E Hills

My Bank stock of One Hundred Shares in the National

Exchange Bank of Weston West Virginia ($10,000) I direct

or advise my executors to sell to the best advantage, giving

to my wife Emily and her daughter Fannie N Ely the

first privilege of purchasing and to apply the proceeds first

to paying any of my indebtedness to the Bank, next all

other just debts and then divide the remainder equally between

my wife Emily and my Granddaughter Jennie E Hills

A condition of the bequest first made to

my wife Emily in this will is this, that there must be
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 293)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 293)

Description

[page 293]

[corresponds to labeled page 236 of Will Record Vol. 6 1876 - 1883]

236

Ralph Hills Will

immediately canceled such notes of mine as are held

by Fannie N Ely to the extent of five Thousand dollars

should they amount to so much having been given for

money furnished by her towards the house and im-

provements made in developing the house

My fire Proof Patent I give & Bequeath as follows

The interest in said patent in the New England States, Maine

New Hampshire, Vermont, Massachusetts, Connecticut & Rhode

Island and New York to my wife Emily

New Jersey & Pennsylvania to Fannie N Ely Ohio and

West Virginia to Ralph Ely. Delaware, Maryland,

District of Columbia Virginia North Carolina, South Carolina

Florida Georgia, Alabama, Mississipi Louisiana Tennessee

and Kentucky to my granddaughter Jennie E Hills

Indiana and Iowa to my brother Darwin T Hills and his

children, Michigan & Wisconsin to my nephew Charles

Bunker (Son of my sister Rachael) California to the

daughters of my sister Joan Emily Larimore and Callie

McElroy - Illinois Kansas & Colorado to the children

of my Brother Reuben, Missouri Arkansas Texas, Indiana

Territory New Mexico Arizona Utah and Nevada to my

Sister Mary Anderson her husband and children

Minnesota Dakota Nebraska Wyoming Montana, Idaho

Washington and Oregon to my sister Elmora and her

children

I hereby request the following named persons to act as my

executors, Velorus T Hills & Dr T B Williams expressing

the hope that the settlement of the estate will be immediate &

perfect

Signed and sealed this 15th day of June 1877

Ralph Hills {Seal}

Witnesses

In presence of Isabella D Lybrand

Archabald, Lybrand Sen


Probate of the Will

The State of Ohio Delaware County } SS

In Probate Court

Personally appeared in open Court Isabella D Lybrand

And Archabald Lybrand Sen. the subscribing witnesses to

the last will and testament of Ralph Hills deceased who

being duly sworn according to law to speak the truth in

relation to the execution of said will depose and say

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 294)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 294)

Description

[page 294]

[corresponds to labeled page 237 of Will Record Vo. 6 1876 - 1883}

237

That the paper before them purporting to be the last will and

testament of Ralph Hills now decd is the will of the said

decd Ralph Hills, that they were present at the execution of

of said will at the request of the testor, subscribed their names

to the same as witnesses in his presence & that they saw the said

Ralph Hills deceased sign and seal said will and heard

him declare the same to be his last will and testament

that the said Ralph Hills at the time of making signing &

sealing said will was of legal age and of sound and dispos-

ing mind and memory & under no undue or unlawful

restraint whatsoever

Isabella D Lybrand

Archabald Lybrand Sr

Sworn to and subscribed in open court this 23rd day of Oct

1879. F B Sprague

Probate Judge


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 295)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 295)

Description

[page 295]

[corresponds to labeled page 238 of Will Record Vol. 6 1876 - 1883]

238

Robert O Brown's Will

October 29th 1879

On this day the Last Will and testament of Robt O

Brown was presented all Legal forms complied with

and duly proven and ordered admitted to Probate &

Record

F. B. Sprague

Probate Judge


Copy of the Will
_____________

The Last Will & Testament
of

Robert O Brown of the City of

Delaware Ohio

On this fifteenth day of July in the year of

Our Lord, eighteen hundred & seventy nine, I Robert O Brown

of the City of Delaware Ohio do make & declare that this which

is herein written is my last Will & Testament:

Item 1st I do give devise & bequeath to our beloved & faithful daugh-

ter Sarah Catharine Brown, now living with us, in said

City, the Sum of Fifty Dollars per annum to be paid to her

by my executor hereinafter named, at the end of each & every

year from the date of my decease, so long as she shall re-

main unmarried; I do further bequeath to her to be paid

to her by my executor at her marriage the sum of Three

Hundred Dollars.

" 2nd I do give devise & bequeath to my beloved wife Nancy Brown

all the residue of my property of every name nature & descrip-

tion, Whatsoever & in whatsoever form the same may be in at

my decease, Whether real, personal or mixed, to be hers absolutely

the real estate in full fee simple

" 3rd I do hereby nominate constitute and appoint our beloved Son

Hiram Franklin Brown, of the City of Delaware Ohio Executor

of this my last Will & Testament

In testimony whereof I have hereunto Set my hand & seal

this 15th day of July A.D. 1879

Robert O. Brown {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 296)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 296)

Description

[page 296]

[corresponds to labeled page 239 of Will Record Vol. 6 1876 - 1883]

239

Robert O Brown's Will

Signed Sealed and acknowledged by the said Robert O Brown

to be his last will and Testament in our presence & signed

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

his request as witnesses thereto

Edward E Neff

Henry J. Eaton


Probate of the Will

The State of Ohio }

Delaware County } SS In Probate Court

Personally appeared in open Court Henry J.

Eaton & Edward E. Neff, the subscribing witnesses to the

last Will and Testament of Robert O. Brown decd

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 Robert O. Brown.

Now deceased, is the will of said decd

Robert O. Brown, 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 Robert O. Brown deceased, sign and

seal said Will, and heard him acknowledge the same to

be his last Will and Testament; that the said Robert O. Brown

at the time of making, signing and sealing said Will,

was of legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint

whatsoever.

Edward E Beff

Henry J. Eaton


Sworn to and subscribed in open Court this 29th day

of October A. D. 1879

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 297)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 297)

Description

[page 297]

[corresponds to labeled page 240 of Will Record Vol. 6 1876 - 1883]

240

Kassander Randolph's Will

November 1st 1879.

On this day the Last Will and testament of Kassander

Randolph was presented, all Legal forms complied with

and duly proven and ordered admitted to Probate and

Record.

F. B. Sprague

Probate Judge


Copy of the Will.

Believing it to be my death, I Kassander Randolph of

the County of Delaware and State of Ohio, do make and

publish this my last will and testament.

Item 1st I give and bequeath to my son William F Randolph, forty

eight head of sheep, one horse, seven head of hogs,

one bed and bedding, all my farming utensils, one cow

and one clock.

" 2nd I give and bequeath to my daughter Mary J. Randolph one

set of chairs one parlor stove, one clock, one table, one

stand two Carpets, one cooking stove, one brass kettle one

set of dishes, one Cow, one bedstead and bedding two iron

kettles, one mare and one lounge.

" 3rd I give and bequeath to my daughter Pleasy Louisa, one cow

one set of chairs one table one bureau, one clock, one bed &

bedding, one iron kettle one set of dishes two Carpets, one

sitting room stove, one cupboard one buggy, one mare and

all the poultry.

" 4th I give and bequeath to my granddaughter Ida May Randolph

one Cow, and one bed.

I give and bequeath to my daughter Sarah Soloman one dollar

and to my daughter Hannah Moore, One dollar and to my

daughter Maggie L. Wigner, One dollar, and to my Son John

F. Randolph, one dollar and to my son B F. Randolph one dollar

it is my desire that the bed clothes be equally divided between

Mary J. Randolph & Pleasy L. Randolph, and William F

Randolph, and that no appraisement be made of my

property and Mary J Randolph shall distribute the items

herein mentioned.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 298)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 298)

Description

[page 298]

[corresponds to labeled page 241 of Will Record Vol. 6 1876 - 1883]

241

Kassanda Randolph's Will.

It is further, my will that what property I may own at

my death not herein bequested shall be sold as the legatees

may see fit to pay all my just debts and funeral expenses

and if any of the proceeds be left it shall be equally divided

between William F Randolph Mary J Randolph and P.L. Randolph


In testimony hereof I have hereunto set my hand and

seal 7th day of May A.D. 1877.

her

Kassanda X Randolph

mark {Seal}

Signed and acknowledged by said Kassanda Randolph

her last Will and testament in our presence, and signed

by us in her presence.

J.A. Pugh

Wm Williams


Probate of the Will

The State of Ohio

Delaware County Probate Court

Personally appeared in open Court, J.A. Pugh

and William Williams the subscribing witnesses to the last

will and Testament of Kassanda Randolph 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 Kassanda Randolph now deceased.

is the Will of said decd Kassanda Randolph, that they

were present at the execution of said will, at the request

of the Testatrix subscribed their names to the same as

witnesses, in her presence, and that they saw the said

Kassanda Randolph decd sign and seal said will, and

heard her acknowledge the same to be her last will

and Testament; that the said Kassanda Randolph at the

time of making, signing and sealing said will, was of

legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

W. Williams

J.A. Pugh

Sworn to and subscribed in open Court this 1st day of Nov

1879. F. B. Sprague Prob
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 299)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 299)

Description

[page 299]

[corresponds to labeled page 242 of Will Record Vol. 6 1876 - 1883]

242

George Wolfley Will

Dec 30th 1879.

On this day the last will and testament of George Wolfley was presented all

legal forms completed with and duly proven and ordered admitted to probate and

record.


Copy of the Will.

In the fear and reverance of Almighty God, admonished by advanced age that with

me the allotted time means life is drawing to a close yet being of sound mind

and reasonable health do hereby and herein make this my last will and testament.


Item I I give and bequeath unto my beloved wife all my goods and chattels, rights,
credits or

any other property of any description that I may be in possession of at the

time of decease, except as hereinafter provided to hold the same in her own

right and to use so much thereof as may be her own judgement be necessary for

her support and comfort


Item II I give and bequeath to my beloved sons Lewis, Robert, George T, Ebenezer

and John M Wolfley and my beloved daughter Margaret E Dildine each the

sum of Five hundred Dollars upon the condition that they each execute a bond

with security guaranteeing the payment to my widow of annual annuity of Thirty

dollars being equal to six percent on each five hundred dollars, and to be paid

during the life time of my widow. The above bequests to be paid to the above

legatees within two years after my decease. and in case any of the above named

legatees no this "Ilene" shall refuse to accept their bequest or to execute their bonds

agreeable to the devise then the sum so refused shall revert to my beloved wife

and to be held by her with the same rights as are contained in first item:

Item III It is my will that whatever more be left of my goods chattels credits or other

property at the time of the decease of my widow after paying all debts and funeral

expenses shall be divided equally between my above named children provided that

if any of them shall have refused to accept the above named Five hundred dollars that

it shall be paid to them in addition to the above distribution so that they all

may receive a life portion

Item IV I do hereby appoint and constitute John M Wolfley and William H Dildine

executors of this my last will and testament and in case I shall be in possession of any

real estate at the time of my decease and it should be necessary to sell the same

they are hereby empowered to sell the same at private or public sale as their

judgement may approve And it is my wish that should my wife and myself be

buried side by side they should cause a suitable monument to be erected

assuming for us both if buried apart then one for each of us

Signed and attested this 19th day of April 1872

in the presence of George Wolfley {Seal}

Effie C. Olds }

C.C. Olds }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 300)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 300)

Description

[page 300]

[corresponds to labeled page 243 of Will Record Vol. 6 1876 - 1883]

243

George Wolfley Will


The state of Ohio } Probate of Will

Delaware Co }


Personally appeared in open Court Effie C. Olds and H. C. Olds

the subscribing witnesses to the last will and testament of George Wolfley deceased, who

being duly sworn according to law to speak the truth, the whole truth, and nothing

but the truth, no relation to the execution of said will depose and say, that the paper

before the purporting to be the last will and testament of George Wolfley now decd,

is the will of said deceased George Wolfley, 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 George Wolfley sign and seal

said will and heard him acknowledge the same to be his last will and testament

that the said George Wolfley at the time of making, signing and sealing said

will was of legal age and of sound and disposing mind and memory and under

no undue or unlawfull restraint whatsoever

Effie C. Olds

H.C. Olds

Sworn to and subscribed in open court this

3rd day of January 1879.

F. B. Sprague

Probate Judge
===============================================================================
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 301)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 301)

Description

[page 301]

[corresponds to labeled page 244 of Will Record Vol. 6 1876 - 1883]

244

John P. Slack Will

Dec 1st 1879

On this day the last will and testament of John P. Slack was presented all

legal forms completed with and duly proven and ordered admitted to Probate and

record.

Copy of the Will

I John P. Slack of Berlin County of Delaware and state of Ohio being

of sound mind and memory and considering the uncertaincy of life do therefore

make and publish this my last will and testament: That is to say.

after all my lawful debts are paid and discharged the residue of my property

both real and personal I give and bequeath and dispose of as follows. to wit,

To my wife J R Slack all my personal property notes money & except certain

articles hereinafter mentioned: to have and to hold and dispose of for

her support as long as she remains my widow also to have and to hold

the use of all real estate I may have and all the appurtenances thereto to so

long as she may remain my widow at the death or remarriage of my wife I

give and bequeath to my daughter Cinderella all the real estate I

may die possessed of. To my son Charles I give my rifle and one note

held against him bearing date of August 30th 1869, for as much of the

same as may remain due and unpaid said property may be given at my

decease.

Against my daughter Jane I hold a receipt for four hundred dollars

for which I am to share legal annual interest Also against my sons George

and Charles I hold obligations for one thousand dollars each with lawful

annual interest on the same. Now if interest on my daughter Janes account

shall remain unpaid untill interest and principal shall amount to eight

Hundred dollars then the whole to be cancelled to her at my decease.

and if at that time his does not amount to that sum and any interest remains

unpaid from either or both of my sons they either or both of them shall pay

to her of the same untill hers shall amount to eight hundred provided

aways enough may be due for the same, if not enough is and then all shall

be paid to her that may be due. If more than enough shall be due from

my sons than to pay my daughter Jane then they shall each of them pay one

equal percentage of the amount due her till she receives the amount due her.

If any more interest remains due than is required to pay my daughter Jane

then the same to be cancelled to each of them at my decease.

To my son George my large family bible and also the bureau that was

formerly his mothers. Now if any of my personal property shall remain at

the death or remarriage of my wife, and my daughter Jane has not received

eight hundred dollars including the obligations I hold against her then

enough shall be paid her to make up that amount then if any more

should remain to be divided among all my children equally.

Likewise I make and appoint my wife executor of this my last will and

testament.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 302)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 302)

Description

[page 302]

[corresponds to labeled page 245 of Will Record Vol. 6 1876 - 1883]

245

In witness whereof I have hereunto subscribed my name and affixed

my seal this 16 day of Feb 1876

John P Slack {Seal}


The above written instrument was subscribed by the said John P Slack

and acknowledged by him to us and he at the same time published and

declared the same to be his last will and testament and we at his

request and in his presence have signed our names as witnesses hereto

James Ferson

Laura A. Ferson

Berlin Delaware Co Ohio March 1st 1876

As I have sold my land and Jane has got her eight hundred

dollars it is my wish that my boys should pay to Cinderella or her heirs

the amount stated to Jane in my former will.


John P. Slack

James Ferson }

L A Ferson } Witnesses

The State of Ohio }

Delaware Co SS }

Personally appeared in open court James Ferson and

L.A. Ferson the subscribing witnesses to the last will and testament & codicil

of John P Slack deceased, who being duly sworn according to law to speak

the truth, the whole truth, and nothing but the truth depose and say that

the before them purporting to be the last will and testament and codicil

of John P Slack now deceased is the will and codicil of said deceased

John P Slack said last will having been signed by John P Slack Feb

16 1871 and the codicil was made and signed March 1, 1876, that they 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 John P Slack sign and seal said will and heard

him acknowledge the same to be his last will and testament and codicil

that the said John P Slack at the time of making, signing, and sealing said

will was of legal age and of sound and disposing mind memory and under no

undue or unlawful restraint whatsoever

James Ferson

L. A. Ferson

Sworn to and subscribed in open court this 1st day

of December A.D. 1879

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 303)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 303)

Description

[page 303]

[corresponds to labeled page 246 of Will Record Vol. 6 1876 - 1883]

246

Diana Freese Will

Nov 8th 1879.

On this day the last will and testament of Diana Freese was presented and

legal forms complied with and proven and ordered admitted to Probate

record.

Copy of the Will.

In the name of God Amen.

I Diana Freese being of sound & disposing mind and memory and under

no restraint do make and publish this my last will and testament

hereby revoking all former wills by me made.

Item I I hereby direct that all my just debts and funeral expenses be first paid

out of my estate

Item II I do hereby devise and bequeath unto to my son Jeremiah Sigfried

and my daughter in law Mary A. Sigfried all my personal and real estate

wherever situate and of whatever nature and I hereby direct that out of my

said estate there be paid by them the following items of money which shall

be a my estate to wit. To Peter F Sigfried the sum of Fifty Dollars

To Mary Diana Bowles, Isac T Bowles David Bowles each the sum of

twenty five dollars and of my son B Sigfried shall repay me the money he

lately borrowed of me amounting to about one hundred and three dollars, then

there shall be paid the sum of fifty dollars.

Item III I do hereby nominate and appoint my son Jeremiah Sigfried as the

executor of this my last will and testament

In testimony whereof I have

hereunto set my hand and seal this 27th day of Feb 1876

her

Diana X Freese {Seal}

mark

Signed sealed and declared by

Diana Freese as her

last will and we at her request

have signed the same as witnesses

thereto in her presence & in the

presence of each other.

J Hipple

J. J. Glover

Probate of Will

The state of Ohio }

Delaware Co SS } Personally appeared in open court J. J. Glover and J. Hipple the

subscribing witnesses to the last will and testament of Diana Freese 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 Diana Freese now deceased is the will of said deceased Diana Freese

that they were present at the execution of said will at the request of the testator

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 304)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 304)

Description

[page 304]

[corresponds to labeled page 247 of Will Record Vol. 6 1876 - 1883]

247

Edward R Thompson Will

subscribed their names to the same as witnesses in her presence and that

they saw the said Diana Freese deceased, sign seal said will and

heard her acknowledge the same to be her last will and testament; that

the said Diana Freese at the time of making signing and sealing

said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

J. J. Glover

J. Hipple

Sworn to and subscribed in open Court this 5th of Nov 1879.

F. B. Sprague Probate Judge

================================================================================


Dec 5th 1879.

On this day the last will and testament of Eward R Thompson was presented

all legal completed with and duly proven and ordered admitted to Probate and

Record.

Copy of the Will

In the name of the benevolent father of all I Edward R Thompson of Delaware

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 all

my household and kitchen furniture and the use during her natural life the

house and lot on which we now reside situate on the south side of William

Street in the town of Delaware Ohio being one hundred and five feet front

used by us as the family homestead after the use during her natural life

three houses on and lots on the north side of William street in the town of Delaware

situate on and being a strip of land one hundred feet in width fronting William

street in Delaware Ohio and one hundred and ninety one feet in depth being

part of in lot Nos 71 and 72 also designated and numbered on the original plat

of Delaware Ohio. The taxes on the same to be paid as hereinafter designated

in item ninth of this my last will and testament.

Item 2nd I give and devise to my son Rodolphus W. Thompson the sum of

$2000. to be paid within two years after my death with interest from the date of

decease.

Item 3rd I give and to my daughter Elizabeth Thompson if living the use of the

sum of two thousand dollars the annual income from the same to be paid

her each year during her natural life and at her death the principal to be

paid her children if she leave children surviving her and I nominate and

appoint my son William A. Thompson Trustee of this fund to hold the

same for the use of my daughter with power to control and invest the same

for her use and benefit.

Item 4th I give and devise to my grandchildren Bertie and Edward P Thompson

children of My son Edward R Thompson the sum of Two Thousand each

the interest on the same to be paid annually for their benefit untill they become

of age and at majority the principal and in case of the death of either before

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 305)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 305)

Description

[page 305]

[corresponds to labeled page 248 of Will Record Vol. 6 1876 - 1883]

248

Edward R Thompson's Will.


the survivor shall be paid the sum herein devised to both and in case

neither shall live to reach the age of majority then the sums of herein devised

to them or so much thereof as shall not be paid them I give and devise

as hereinafter devised in item sixth of this my last will and testament

Item 5th Having furnished Jane Maloney wife of James Maloney personal

property to the amount of about eight hundred dollars all of which they

have not paid for it, it is my will that such amount as shall not be

paid at my death shall be relinquished and such claims I hereby

devise to Jane Maloney.

Item 6th This my will in case my grandchildren Bertie and

Edward F. Thompson shall both die before they come age then the bequest

to them in item fourth of this my last will and testament or so much be thereof

as remains unpaid to them shall be equally divided between William

Alpha Thompson, Alice Thompson and Mary Whiteside.

Item 7th It is my will that the real estate the use which is devised in Item first

herein to my wife during her natural life shall at her death be equally

divided between William Alpha Thompson Alice Thompson and Mary

Whiteside.

Item 8th It is my will that in case my daughter Elizabeth Thompson die

without issue that the devise to her in Item third herein this will shall

be paid equally between William Alpha, and Alice Thompson and Mary

Whiteside.

Item 9th I give and devise William Alpha Thompson, Alice Thompson

Mary Whiteside the following real estate to wit: Two hundred and five

acres and forty five perches of land according to the resurvey thereof made by

James Eaton March 10th & 11th 1863 situate in the state of Ohio County of Del

in Radnor Tp in Range (20) Tp (5) Section one U.S. Military survey being

the west part of lot No 11 being the farm conveyed to me by Benjamin

Powers administrator with the will annexed of John Dunbar decd. Also one

hundred and twenty nine and 4/100 acres in Troy Tp Delaware County Ohio

being the whole of the N. West quarter of lot number four in Section 2 Tp (5)

and Range (19) U.S. Military land and in same Tp County and state and

in Section (2) Tp 5 Range (19) fifty seven acres of land being part

of the west part of the N East corner quarter of lot No 4 being the premises

commonly designated by me as my Troy Tp farm. Also east part of in

lot numbers 365 & 366 in the town of Delaware Ohio in the south west

corner of Winter and liberty streets being the same premises conveyed to me by

Joseph C Cox and Catherine Cox and two feet front additional along the

west side of said premises the entire length is fronting on Winter street

Also house and lot in the town of Delaware Ohio on union street being

fifty feet fronting on Union st on the west side thereof and extending same

width east to the west line of Lot known as the trip lot being all of lot

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 306)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 306)

Description

[page 306]

[corresponds to labeled page 249 of Will Book Record 6 1876 - 1883]

249

Edward R Thompson Will


deeded to me by Jacob Martin and wife except 42 feet fronting Forth st

conveyed by me by deed to Edward Thompson Jr. and including South

middle part of lot No (10) conveyed to me by Oscar Travis & wife April

30th 1870 Also in the town of Delaware Ohio one lot fronting on William

street being forty five feet front on North side of William street and extending

back to the depth of one hundred and ninety one feet with priveliege of an

alley 32? feet in width running east and west along the North line being the

middle part of in lot number 70 as designated and numbered in the original

plat of said town also the west half of the west half of in lot number 50 in the

Town of Delaware Ohio and known as the livery stable property. Also one

house and lot on Franklin st in Delaware Ohio on the east side there of

being about 60 front bounded on the North by lot of M L Griffin and on

the south by lot of Morris Cadwalader and also on the west side of Franklin

street in the town of Delaware Ohio being (in the town Delaware Ohio) in lot

number thirteen and part of lot four as designated and numbered in the original

plat of said town and all the remainder of my personal estate to be shared

equally among them except my daughter Mary Whiteside has received from me

heretofore fifteen hundred dollars and William Alpha Thompson five hundred

dollars and it is my desire that my son William Alpha Thompson shall have one

thousand dollars more than my said daughter and it is my will and desire

that fifteen shall first be paid to Alice Thompson and two thousand dollars

be to William Alpha Thompson out of this joint devise to them and the balance

shall equally between them the said William Alpha Thompson, Mary

Whiteside and Alice Thompson share and share alike

Item 10 It is my will that in case my son William Alpha Thompson or my

daughters Alice Thompson and Mary Whiteside shall either of them die without having

children surviving them that the bequests to them or either of them in this my last will

and testament shall go to survivor or survivors of them the said William Alpha Thompson

Alice Thompson and Mary Whiteside.

Item 11th It is my will that the devises and bequests in this my last will and testament

to William Alpha Thompson Alice Thompson and Mary Whiteside shall be

subject to the payment of the taxes on the real estate devised to my wife during her

natural life and subject to the payment of the bequests in this my last will and

testament made to Rodolphus W. Thompson; To Elizabeth Thompson and to

Bertie and Edward T Thompson.

Item 12th I have omitted to devise anything in this my last will and testament to

John P. Thompson and Edward R. Thompson Jr. for the reason that I have

helped them heretofore and they have interfered with me in matters of business

and their conduct toward me have not been toward what I think it should

have been

Item 13th I do hereby nominate and appoint William Alpha Thompson and

William Whiteside my son-in-law executors of this my last will and

Testament and in case of the death or disqualification of either of them I
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 307)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 307)

Description

[page 307]

[corresponds to labeled page 250 of Will Record Vol. 6 1876 - 1883]

250

Edward R. Thompson Will.


and appoint in the place of either so dying or disqualification my daughter

Alice Thompson with the other hereby authorizing and empowering my said

executors 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 to sell by private sale or in such manner upon such terms of credit

or otherwise as they may think proper any real estate and deeds to purchasers to

make execute, acknowledge and deliver in fee simple except it is my will

that they should sell the Troy Tp and Radnor Tp lands first and that

the farm in Radnor Tp shall not be sold inside of two years for a

less sum than one hundred per acre. I devise that no appraisement and

no sale of my property be made and that the court of Probate direct the

Omission of the same in the pursuance of the statute.

In testimony hereof I have hereunto set my hand and seal this

17th day of January 1874.

Edward R. Thompson

Signed and acknowledged by {Seal}

the said Edward R Thompson

as his last will and testament

in our presence and signed by us

in his presence

Henry A. Welch

John Chapman

Probate of the Will

The State of Ohio }

Delaware Co } Personally appeared in open court Henry A Welch and John

Chapman the subscribing witnesses to the last will and testament of Edward R

Thompson deceased who being duly sworn according to law to speak the truth,

the whole truth, and nothing but the truth, in relation to execution of said will

depose and say, that the paper before them purporting to be the last will and

testament of Edward R. Thompson now deceased is the will of said deceased

E.R. Thompson 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 Edward R. Thompson deceased

sign and seal said will and heard him acknowledge the same to be his last

will and testament: that the said Edward R. Thompson at the time of

making, signing and sealing said will, was of legal age and of sound of sound

and disposing mind and memory, and under no undue or unlawful restraint

whatsoever.

Henry A. Welch

John Chapman

Sworn to and subscribed in open court this 4th day

of December 1879.

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 308)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 308)

Description

[page 308]

[corresponds to labeled page 251 of Will Record Vol. 6 1876 - 1883]

251

John S. Kalb Will.

January 24th 1880.

On this day the last will and testament of John S Kalb was presented

all legal forms completed with and duly proven and ordered admitted to Probate

and Record.

Copy of the Will

In the name of the Benevolent Father of All amen.

I John S Kalb of Delaware County being of

sound mind and memory do make and publish the following as my last

and testament

Item 1st I desire that all my just debts be paid out of my estate.

Item 2nd I give, devise and bequeath to my beloved wife Elizabeth in lieu of

her dower interest in my estate in case she survives me all my estate with

personal and real, and direct that she have authority to rent or sell and

dispose of whatever real or personal estate I may own or possess at the time of my

decease: and I wish it understood that the household goods furniture etc

which are now used by myself and my family belong to my said wife Elizabeth,

excepting however the "Organ" which my daughter Anna has in my house which

she owns I having no claim thereto.

I do hereby nominate and appoint my said wife

Elizabeth Executrix of this my last will and testament and I desire

that there be no appraisement no appraisement nor sale of my property or any part

thereof

I do hereby revoke all former wills or parts of wills by me heretofore made

and declare the foregoing to be my last will and testament

In witness whereof I hereunto affix my name and

seal this 8th day of September 1879.

John S. Kalb

Signed by the said John S Kalb before

us and in our presence and declared by

him in our hearing to be his last will

and testament and signed by us as

witnesses thereto in his presence and at

his request and in the presence of each

other this 8th day of September 1879.

Jacob Howalt

G L Inskeep

Probate of the Will


The state of Ohio }

Delaware Co } Personally appeared in open court Jacob Howalt and G L

Inskeep the subscribing witnesses to the last will and testament of John S Kalb

deceased who being duly sworn according to law to speak the truth, the whole

truth, and nothing but the truth, in relation to execution of said will
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 309)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 309)

Description

[page 309]

[corresponds to labeled page 252 of Will Record Vol. 6 1876 - 1883]

252

Sarah E Wiggins Will


depose and say that the paper before them purporting to be the last will and

testament of John S. Kalb now deceased is the will of said deceased John

S. Kalb that they were present at the excecution of said will subscribed their

names to the same as witnesses in his presence, and that they saw the said John S.

Kalb deceased, sign and seal said will and heard him acknowledge the same

to be his last will and testament; that the said John S. Kalb at the time

of making, signing said will, was of legal age and of sound and disposing

mind and memory, and under no undue or unlawful restraint

whatsoever

Jacob Howalt

G. L. Inskeep

Sworn to and subscirbed in open court this 24th day of Jan 1879

F. B. Sprague

Probate Judge
=======================================================================


Sarah E. Wiggins Will

Feb 11th 1880.

On this day the last will and testament of Sarah E. Wiggins was presented all legal

forms completed and duly proven and ordered admitted to probate and record.

Copy of the Will.

Know all men by these presents that I Sarah E Wiggins of the town of Galena

County of Delaware and state of Ohio being of sound and disposing mind and

memory do and publish this my last will and testament

First I do hereby constitute and appoint my husband William Wiggins to be sole

executor of this my last will and testament

Second I give and bequeath my dwelling house and the lot upon which it stands the

same being all the real property I possess in the town of Galena County of

Delaware and state of Ohio to my husband William Wiggins.

Third I give and bequeath to my daughter Alda Wiggins forty acres of land in

Linn County state of Iowa the same being all the land I possess in said

County and State

Fourth If my daughter Alda should die before she reaches the age of eighteen years I

desire that the land in Linn County state of Iowa herein bequeathed to her

shall go to my husband William Wiggins

In witness whereof I have hereunto set my hand and seal

this 18th day of December 1879

A McCamment }

C. Arnold } Witnesses

Sarah E. Wiggins {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 310)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 310)

Description

[page 310]

[corresponds to labeled page 253 of Will Record Vol. 6 1876 - 1883]

253

Probate of the Will


The state of Ohio }

Delaware Co SS. }

Personally appeared in open court A McCamment and

J Arnold the subscribing witnesses to the last will and testament of

Sarah E. Wiggins 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 Sarah E. Wiggins is the will of said deceased

Sarah E. Wiggins that they were present at the excecution of said Will, at the

request of the Testatrix subscribed their names to the same as witnesses in her presence

and that they saw the said Sarah E Wiggins deceased sign and seal said

will and heard her acknowledge the same to be her last will and testament

that the said Sarah E. Wiggins at the time of making, signing and sealing

said will, was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

A McCamment

J Arnold

Sworn to and subscribed in open court this

11th day of Feb 1880

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 311)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 311)

Description

[page 311]

[corresponds to labeled page 254 of Will Record Vol. 6 1876 - 1883]

254

John Murphy Will

Jan 27 1880.

On this day the last Will and testament of John Murphy was presented

all legal forms completed with and duly proven and ordered admitted to

Probate and record.

Copy of the Will

On the second day of Dec in the year of our Lord 1879 I John Murphy of the

city of Delaware Ohio do make and publish this my last will and testament hereby

revoking all former will by me made

Item 1st I do give devise and bequeath to my beloved wife Jane Murphy the premises

where we now live situated at the South west corner of Sandusky and Harrison

streets in the city of Delaware Ohio deeded to me by Lucy M. Springer and her

husband Abram Springer by deed dated May 11th 1878 and recorded in the

record of deeds for Delaware County Ohio Vol 71 page 559 being the whole of in

lot number (418) and sixteen feet in width off of the North side of In lot Number

419 in said City to have and to hold the said premises during her natural

life and at her decease the same be and become the absolute property in fee

simple of my son Albert Murphy I do further give to my wife the household

goods and personal property in and about the said premises to use as her

own so long as she shall live and what is left thereof at her decease shall

become the absolute property of my son Albert. I also give her my said wife

to be hers absolutely my cow my horse and buggy, and I do further give her to be

hers absolutely all money on hand at my decease or on deposit in bank by the blessing

of a kind providence I am out of debt, but any expense of my last sickness that may

be unpaid at my decease & funeral expenses & necessary cost of the admission of this

will to probate and of settling my estate, are to be paid by her out of said money on

hand at my decease & in bank The foregoing bequests to my wife are in lieu of her of

her dower, also support and every other right and claim she would have in and to my

estate or any part thereof were I to make no will.

Item 2nd I do give devise and bequeath to my beloved son Albert Murphy of said
County

the farm of one hundred and nine acres and a half acre more or less as deeded to me
by

[illegible] Sterling April 15 1837, by deed recorded in the record of deeds of said
County Vol

15 page 385 being part of Virginia Military survey No 26 hundred and seventy three

in Concord Tp in said County and now particularly described in said record of deed

and in the records survey thereof made by Charles Niel County Surveyor Tp 12
1848

to have and to hold the same to my said son absolutely in fee simple. I also give
him

all my personal personal property on said farm I do further give and devise to him

my said son the premises in the City of Delaware Ohio herein before in Item 1st more

I particularly described subject to life estate therein on said item given to my
wife so

that at her decease the same shall be and become his heirs and assigns forever in

fee simple.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 312)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 312)

Description

[page 312]

[corresponds to labeled page 255 of Will Record Vol. 6 1876 - 1883]

255

John Murphy Will


Item 3rd I do give, devise and bequeath to my beloved daughter Isabella wife of

Hugh Johnson of said County of Delaware the premises in Concord tp

of six acres more or less plat of Virginia Military survey No 5314 deeded by













































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Thomas Craven and wife to Albert Murphy Aug 12th 1849

and by him deeded to me May 8th 1871 by deed recorded in the record of deeds of

said County Vol 63 page 616 and more particularly described in said deed and

record thereof to be hers absolutely in fee simple

Item 4th I do here nominate appoint and constitute my esteemed friend Robert McClure of

said County Executor of this my last will and testament and I request that no

Inventory of my estate be required

In testimony whereof I have hereunto set my hand

and seal at city of Delaware Ohio on this 2d day of Dec 1879

his

John X Murphy

mark

Signed and sealed by the said John Murphy

in our presence and by him acknowledged

to us to be his last will and testament and

signed by us as witness thereto in his presence

and at his request and in the presence of each

other

John MCClure

Henry J Eaton


Probate of the Will.


The state of Ohio }

Delaware Co SS. } Personally appeared in open court H J Eaton and John

McClure the subscribing witnesses to the last will and testament of John Murphy who

being duly sworn according to law to speak the truth, the whole truth, and nothing but

the truth, in relation to execution of will depose and say that the paper before

them in relation to the execution purporting to be the last will and testament of

John Murphy is the will of said deceased John Murphy 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 John Murphy sign and

seal said will and heard him acknowledge the same to be his last will and testament

that the said John Murphy at the time of making, signing & sealing said will, was of

legal age and of sound and disposing mind and memory, and under no undue or

unlawful restraint whatsoever

Henry J. Eaton

John McClure

Sworn to and subscribed in open Court this

27th day of Jan 1880

F. B. Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 313)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 313)

Description

[page 313]

[corresponds to labeled page 256 of Will Record Vol. 6 1876 - 1883]

256

Francis B. McNeely Will

Feb 17th 1880.

On this day the last will and testament of Francis B. McNeely was

presented all legal forms completed with and duly proven and ordered

admitted to Probate & Record.

Copy of the Will

In the name of the Benevolent Father of all

I Francis B. McNelly being of sound mind do hereby make and

publish this my last will and testament.

Item 1st I desire that my funeral expenses and just debts shall all be paid from

the proceeds arising from the sale of my property.

Item 2nd After the aforesaid debts shall all have been paid I desire that

my wife Victoria shall have the balance of my property both personal and

real during the time of her natural life. and at the death of my said

wife the said property to be equally divided between my two daughters

Della May McNeely and Grace McNeely.

Item 3rd I desire that Edward J. Post shall be the executor of this my last will

and testament

F B McNeely

Signed by him in our

presence and in the presence

of each other this 7th day of Feb 1880

John Sinky

J. A. Wilson

The State of Ohio }

Delaware County } Personally appeared in open court John Sinky and J. A.

Wilson the subscribing witnesses to the last will and testament of Francis McNeely

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 of F. B. McNeely is the will of

said deceased Francis McNeely 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 Francis McNeely sign said will

and heard him acknowledge the same to be his last will that the said

Francis McNeely at the time of making signing said will was of legal

age and of sound disposing mind memory and under no undue or

unlawful restraint whatsoever

John Sinky

Sworn to and subscribed this 17th day of J.A. Wilson

Feb 1880

Frank B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 314)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 314)

Description

[page 314]

[corresponds to labeled page 257 of Will Record Vol. 6 1876 - 1883]

257

Ida Myers Will

On this day the last will and testament of Ida Myers was presented

and duly proven all legal forms completed with and duly proven and

ordered admitted to Probate and Record.

Copy of the Will

I, Ida Myers wife of John Myers of the city of Delaware Delaware

County Ohio do make and publish this my last will and testament


Item 1st It is my will that all my just debts and funeral expenses be paid out

of any moneys on hand or owing me at my decease and if it should be

insufficient that the balance be paid out of the bequest hereinafter made

to Sarah E. Myers.

Item 2nd I give and devise to my sister Sarah E. Myers the following items of

Personal property To wit: All my dishes both glass and China All

my spoons two sets of Cutlery one extension table one motto two

pictures named expectation & near the falls one rag carpet in sitting room

two white Bed spreads one pair of shears one red table cloth, three

white table cloths, four pair of pillow slips one lamp, two large Chromos, one

large mirror one photograph of father and one of mother in frames One lounge

one coat two dresses one light the other dark color one set of furs one chamber

one set of ear rings and breast pin one necklace and locket one red & black

all wool tablecloth and one foot stool. Also I give and devise to her the 6/23

part undivided of the undivided 1/6 part of one hundred and eight acres of land

more or less with the appurtenances situate in Oxford Tp Delaware County Ohio

and being the same farm of which my father Franklin Barthlomew died seized

but this bequest is subject to payment of any balance of my just debts and

funeral expenses if the money on hand and owing to me at my decease should

be insufficient

Item 2nd I give and devise to my brother Barthlomew the photograph "Our family

group" three comforts, one quilt three sheets, one woolen blanket one mattress and
one

pair of pillows. Also the 7/23 part undivided of the undivided 1/6 part of said

real estate.

Item 3 I give and devise to my brother Frank Barthlomew Three sheets three comforts

one quilt one woolen blanket one black bedstead one photograph picture of his

sister and family one pair glass vases one pair of plaster paris vases one basket

one pair of plaster paris one new feather bed one straw bed

one album one lamp and one trunk. Also the 10/23 undivided part of the undivided

1/6 part of said real estate.

Item 4 I give and devise to my sister Annie E Smith Two pictures entitled tears

and smiles one fruit picture and one wash stand.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 315)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 315)

Description

[page 315]

[corresponds to labeled page 258 of Will Record Vol. 6 1876 - 1883]

258

Ida Myers Will


Item 5th I give and devise to my sister in law Lizzie Myers one coal stove in front

room.

Item 6th I do hereby nominate and appoint Herod Bacter executor of this my

last will and testament.

I devise that no sale of my personal property be

made and that the court of Probate can direct the ommission of the same in

pursuance of the statute I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal this

this 12th day of Nov 1879.

Ida Myers {Seal}

Signed, and acknowledged by the said Ida Myers as her last will and

testament in our presence and signed by us in her presence.

Harriett Brown

Mary Shedrick


Probate of the Will


The State of Ohio }

Delaware County } Personally appeared in open court Harriet Brown and

Mary Shedrick the subscribing witnesses to the last will and testament of Ida

Myers 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 of Ida

Myers is the will of said deceased Ida Myers that they were present at the

execution of said will at the request of the Testatrix subscribed their names to

the same as witnesses in her presence and that they saw the said Ida Myers

sign & seal said will and heard her acknowledge the same to be her last will and

testament; that the said Ida Myers at the time of making signing and sealing

said will was of legal age and of sound disposing mind memory

and under no undue or unlawful restraint whatsoever

Harriet Brown

Mary Shedrick

Sworn to and subscribed in open court this 26 day

of January 1880

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 316)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 316)

Description

[page 316]

[corresponds to labeled page 261 of Will Record Vol. 6 1876 - 1883]

261

James Martin Will

Nov 11th 1879

On this day the last will and testament of James Martin was presented

all legal forms complied with and duly proven and ordered admitted to

Probate and Record.

Copy of the Will

Know all men by these presents that I James Martin make this my last

will.

First That my lot of land in morrow Co called Haverlo lot be deeded

to Mary Ann and Julia Ette Martin for keeping house for me since

I became a widower and kindness through all my sickness and also they

are to have the use of one half the south orchard and a garden and the

privelige in my house as long as Ludlo Martin lives


Second It is my will that my funeral expenses and all my just debts be paid


Third It is my will that the remainder of my property be equally divided

among my sons Benjamin Nehemiah Valentine and Sabers Martin

Elesar Martin my son has received his share and give me a receipt in full


Fourth It is my will that in dividing my property that the Harvey lot of land

be deeded to James W. Martin valued at three thousand dollars and my

land joining V. Martin on the North to Sabers Martin valued at thirty

five hundred and my sons owing me to have their own notes at par value

on their share of property

And it is my will that Nehemiah and Valentine

Martin act as my executors

James Martin

Witness F. B. Longmire

Elias Cole. S.A. Grant


A Codicil

It is still further my will that James W. Martin pays seventy five dollars

a year to go towards keeping Ludlo Martin, out of the proceeds of the Harvey

lot as the interest and at Ludlo death he pays to the said B. Martin, N. Martin

V. Martin and S. Martin the sum of three thousand dollars. I still further say

that J. W. Martin has received his share and give me a receipt in full

James Martin

Jonas Main

F. B. Longmire

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 317)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 317)

Description

[page 317]

[corresponds to labeled page 262 of Will Record Vol. 6 1876 - 1883]

262

Probate of the Will


The State of Ohio }

Delaware County } Personally appeared in open court F. B. Longmire and S.

A. Grant the subscribing witnesses to the last will and testament of James

Martin decd 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 James Martin now deceased is the will of said deceased

James Martin, 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 the said James Martin deceased sign and seal said will and heard him

acknowledge the same to be his last will and testament: that the said James

Martin at the time of making signing and sealing said will was of legal age

and of sound disposing mind and memory and under no undue or unlawful

restraint whatsoever

F. B. Longmire.

S.A. Grant.

Sworn to and subscribed in open court this 14 day Feb 1880.

F. B. Sprague

Probate Judge

The state of Ohio }

Delaware County }

Personally appeared in open court Jonas Main and F. B. Longmire

the subscribing witnesses to the codicil to the last will and testament of James Martin

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 codicil to the last will and testament of James Martin now

deceased is the codicil to the last will and testament of said deceased James Martin

that they were present at the execution of said codicil, at the request of the testator,

subscribed their names to the same to the same as witnesses in his presence and that

they saw the said James Martin deceased, sign and seal said will and heard

him acknowledge the same to be a codicil to the last will and testament: that

the said James Martin at the time of making, signing and sealing said codicil

was of legal age and of sound and disposing mind and memory and under no

undue or unlawful restraint whatsoever

F. B. Longmire

Jonas Main

Sworn to and subscribed in open court, this

14th day of Feb 1880

F. B. Sprague

Probate Judge.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 318)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 318)

Description

[page 318]

[corresponds to labeled page 263 of Will Record Vol. 6 1876 - 1883]

263

Anthony Edelman Will.

Feb. 10th 1880.

On this day the last will and testament of Anthony Edelmann was presented

and all legal forms completed with and duly proven and ordered admitted

to Probate and Record.

Copy of the Will.

In the name of the benevolent

Father of all, I Anthony Eddleman of the county of Delaware State

of Ohio being and disposing mind memory do make and publish

this my last will and testament.


Item 1st I will and bequeath to my beloved wife Christina Edelman all of

my estate both personal and real during her natural life. And in

case at any time she shall think best or from any cause whatsoever shall

deem it proper to sell the real estate of which I die seized she is hereby

authorized to so sell the same and to execute a deed or deeds therefor

therefor conveying the full title to the said real estate in fee simple

and have the same power to convey as if said real estate had been

willed to her absolutely


Item 2nd At the death of my wife Christina Edelman if my Real estate has not

been sold by her in her life time it is my will that my said real estate

go to my son Michael Edelman for his use and benefit during his natural

life and in case if at any time after the death of my said wife my said

son Michael shall not desire to retain his said life estate in said property

the same shall be surrendered up to any other heirs hereinafter named and he

shall be paid by them out of said property the full amount of a certain

promisory note. I have heretofore executed and delivered unto him for the sum

of Eight hundred dollars together with the interest that may accrue on the same

and in case my wife in her life time shall sell my said real estate then and

in that case it is my will that at her death said note of $800.00 with the

interest is to be paid my son Michael Edelman out of any property that may

be left at her death.


Item 3rd It is my will in case my said real estate is not sold by my wife during her

life time after the expiration of the life estate of my son Michael either occurring

by his taking the money on said $800.00 note or by his death my real estate together

with all the residue of my estate of my estate go to and be equally divided

between my sons Anthony Edelman Jr. and John Edelman and my daughter

Margret Ulry.

I do hereby revoke all other wills by me made and declaim

this alone to be my last will and Testament

In witness whereof I have hereunto set

my hand and seal this 11 day of May A. D. 1875.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 319)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 319)

Description

[page 319]

[corresponds to labeled page 264 of Will Record Vol. 6 1876 - 1883]

264

Anthony Edelman estate Will


Anthony Edelman {Seal}

Signed, sealed and acknowledge by the said Anthony Edelman to be his

last will and testament in our presence and signed by us in his presence

at his request and in presence of each other on the 10th day of May 1875

Patrick Tirney

Jonathon Ackerman

The state of Ohio }

Delaware County } Personally appeared in open court, Patrick Turney and Jonathon
Ackerman

Ackerman the subscribing witnesses to the last will and testament

of Anthony Edelman decd who being duly sworn according to law to speak the truth in

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

Anthony Edelman now deceased is the will of said deceased Anthony Edelman

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 Anthony Edelman deceased sign and seal said will and heard him

acknowledge the same to be his last will and Testament that the said Anthony

Edelman at the time of making, signing and sealing said will was of legal age and of

sound and disposing mind and memory and under no undue or unlawful restraint

whatsoever

Patrick Firney

Jonathon Ackerman

Sworn to and subscribed in open Court this 16th day of Feb 1880.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 320)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 320)

Description

[page 320]

[corresponds to labeled page 265 of Will Record Vol. 6 1876 - 1883]

265

Richard S. Jones Will

May 12 1880.

On this day the last will and Testament of Richard S. Jones all legal forms

completed with and duly proven and ordered admitted to Probate & record


Copy of the Will

In the name of the benevolent father of all I Richard S Jones of Delaware

Delaware County Ohio do make and publish this my last will and

Testament

Item 1st It is my will that all my just debts, charges and funeral expenses be first paid

out of my estate.

Item 2nd I give and devise beloved wife Sarah M. Jones absolutely and

unconditionally the undivided one third part of all my real estate

consisting of my house & lot upon which I now reside and also my house and

lot no 1 North Delaware known as the little store house situated on

in lot 790.

Item 3rd I give and devise to my said wife absolutely and unconditionally the

undivided one half of all my personal estate consisting of household goods and

all my goods & chattels of whatever kind or nature.

Item 4th I give and devise to my said

wife the use of all the remaining portion of my said estate both real and

personal during her natural life, and in the event that it should become necessary

for her support it is my will and wish that she have the same absolutely

and unconditionally.

Item 5th I give and devise to my beloved sister Mary A. Walter

wife of Anthony Walter the undivided one half of my personal estate and

the undivided one third part of my real estate aforesaid. Should any portion of the same or

the proceeds thereof yet remain after the decease of my said wife.

Item 6th I give and devise to the foreign Missionary society of the Methodist

Episcopal Church the undivided one third part of my real estate should any

portion of the same or the proceeds thereof yet remain after the decease of my

said wife.

Item 7th I do hereby nominate and appoint my beloved wife Sarah M Jones

executrix of this my last will and testament hereby authorizing and

empowering her to compromise, adjust release and discharge in such manner

as she may deem proper all debts and claims due me I do also hereby

authorize and empower her if it shall become necessary to pay my just debts

or for her own support or if she shall think it to be for the best interest

of my estate to sell by private sale or in such manner and upon such

terms of credit or otherwise as she may think proper all or any portion of my

real estate and deeds to purchasers to execute acknowledge and deliver in fee

simple.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 321)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 321)

Description

[page 321]

[corresponds to labeled page 266 of Will Record Vol. 6 1876 - 1883]

266

Richard S. Jones Will

Item 8th I desire that no appraisement and sale of my personal property be made

and that no bonds be required of my said executrix and the Court of Probate

direct the ommission of the same in pursuance of the statute.

I do hereby revoke

all former wills by me made in testimony hereof I have hereunto set my

hand seal my hand seal this 28th day of Feb in the year of our Lord 1880.

Richard S. Jones {Seal}

Signed and acknowledged by said Richard S. Jones as his

last Will and testament in our presence and signed by

us in his presence and at his instance and request.

William Beran

James R. Lytle

The state of Ohio }

Delaware County } Personally appeared in open court William Beran &

James R. Lytle subscribing witnesses to the last will and Testament of R

S Jones 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 purporting to be the last Will and Testament

of Richard S. Jones now deceased, is the will of said deceased Richard S Jones

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 Richard S. Jones deceased sign and seal said will and heard him acknowledge

the same to be his last will and testament, that the said Richard S. Jones

at the time of making signing and sealing said will was of legal age and of sound

and disposing mind and memory and under no undue or unlawful restraint

whatsoever

William Beran

James R. Lytle

Sworn and subscribed in open Court this }

12 day of May 1880 }

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 322)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 322)

Description

[page 322]

[corresponds to labeled page 267 of Will Record Vol. 6 1876 - 1883]

267

Margaret Evans Will.

June 6 1880.

On this day the last Will and Testament of Margaret Evans was

presented all legal forms completed and duly proven and ordered

admitted to probate and Record.


Copy of the Will.

In the name of the benevolent father of all Men I Margaret Evans

of the County of Delaware and State of Ohio do make and publish this

as my last will and Testament.

Item 1st After all my just debts and funeral expenses are paid and discharged

I will to my daughter Elizabeth McKinney the sum of one thousand

dollars to be paid in one year after my death without interest


Item 2nd I will my son John Evans, Ellen Jones: and to the heirs Margaret

Goodman one equal third of all my real & personal estate That is to say 1/3 to

John Evans, 1/3 to Ellen Jones and 1/3 to the heirs of Margaret Goodman

Item 3rd It is wish and desire that my clothing Bedding books and household

furniture shall be divided equally between the three last named Legatees John

Evans, Ellen Jones and the heirs of Margaret Goodman


Item 4 I hereby appoint my son John Evans executor of this my last will and testament

hereby authorizing him to sell at public or private sale as the interest of the

legatees may require & with their consent all my real & personal property or any

part thereof and deed or deeds to make to purchaser or purchasers with the

same effect as though I made the same = as though I had made deeds in

my life time.

In witness hereof I have set my hand & seal this first day of May

1877

Signed in our presence and witnessed by us in her

her presence Margaret X Evans {Seal}

Wm M Warren. mark

S. G. Speer.

The State of Ohio }

Delaware County } Personally appeared in open court, Wm M Warren & S.G. Speer

the subscribing to the last will and testament of Margaret Evans decd, 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 Margaret Evans

now deceased is the will of said deceased Margaret Evans

that they were present at

the execution of said Will at the request of the Testatrix subscribed their names
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 323)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 323)

Description

[page 323]

[corresponds to labeled page 268 of Will Record Vol. 6 1876 - 1883]

268

L. B. Gurley Estate


to same as witnesses in her presence and that they saw the said Margaret

Evans deceased sign and seal said will and her acknowledge the same

to be her last and testament; and that the said Margaret Evans

at the time of making signing and sealing said will was of legal age and

sound and disposing mind memory and under no undue or unlawful

restraint whatever

Wm. M. Warren Sr.

S . G. Speer

Sworn and Subscribed to in open Court

this 5 day of June 1880

F. B. Sprague

Probate Judge
=================================================================


April 1st 1880

On this day the last will and Testament of L. B. Gurley was presented all

legal forms completed with duly proven and ordered admitted to Probate &

Record.

Copy of Will

Know all whom it may concern that

I Leonard B. Gurley of Delaware County Ohio being of sound mind & memory

do make this my last will & Testament revoking and annulling all other

by me heretofore made.

Item 1st To my beloved and faithful wife Christina Gurley I give and bequeath

all my property personal and real of every kind including moneys credits

bonds bank stock and real estate in this and other states and any

other I own or may own at my decease to have and hold and use and dispose

of as she may think best.


Item 2nd In making a will a for the disposition of our property after her death I earnestly

request that she will secure to the endowment fund of Ohio Wesleyan U

the sum of ten thousand dollars: $10,000.

I do hereby appoint my dear wife

Christiana Gurley sole executrix of this my last will and

without bail or bond on her part.

In testimony whereof I have hereunto

affixed my name and seal This 18 day of May 1876.

L. B. Gurley. {Seal}

Signed and acknowledged by said Leonard B. Gurley as his last will & testament

in our presence and signed by us in his presence.

Charles Neil

C. H. Owens
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 324)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 324)

Description

[page 324]

[corresponds to labeled page 269 of Will Record Vol. 6 1876 - 1883]

269

L. B. Gurley Will

Codicil

First In case my death shall not occur within twelve months from the date then

Ten thousand dollars left to my wife as above shall be & is hereby given

to the Ohio Wesleyan U. to aid its endowment fund but not until

after the death of my said wife C Gurley who is to have the use and income

of all my property during her life time And if the estate at her death

exceeds the Ten Thousand dollars for the University what may be over

shall be at wife's dispose.

In testimony I hereunto set my hand and seal this 19

day of October 1876.

L. B. Gurley {Seal}

Signed and Acknowledged by said L. B. Gurley in our presence as his last will and

testament and signed by us in his presence.

Charles Neil

Mary Brown

Codicil 2

As I have already paid to the O.W.U. three thousand dollars of the ten mentioned

in the codicil No. 1 and leave it discretional with my wife to pay so much to the

said University as she shall deem proper

L. B. Gurley

Signed and acknowledge in our presence by said L B Gurley as his last will and

testament Delaware Ohio April 18 1878

James Banks

Mary O. Brown

The state of Ohio }

Delaware Co } Personally appeared in open Court Chas Neil and C. H. Owens

the subscribing witnesses to the last will and Testament of L B Gurley deceased

who being duly sworn 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 purporting

to be the last will and testament of L B Gurley now deceased is the will of said

deceased L. B. Gurley that they were present at the execution 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 L. B. Gurley deceased sign and seal said will and heard him

acknowledge the same to be his last will and testament and that the said L. B. Gurley

at the time of making signing and sealing said will was of legal age and of sound

and disposing mind memory and under no undue or unlawful restraint

whatsoever.

C. H. Owens

Chas. Neil.

Sworn to and subscribed in open Court this 1st day of April 1880

F. B. Sprague

Pro Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 325)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 325)

Description

[page 325]

[corresponds to labeled page 270 of Will Record Vol. 6 1876 - 1883]

270

L. B. Gurley Will


The state of Ohio }

Delaware Co } Personally appeared in open Court Chas Neil and Mary

O. Brown the subscribing witnesses to the Codicil to the last will and Testament of

L B Gurley 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

codicil to the last will depose and say that the paper before them to be the 1st
codicil

to the last will and testament of L. B. Gurley now deceased is the 1st codicil

to the last will and Testament of said L. B. Gurley that they were present at the

execution of 1st codicil to the last will and testament at the request of the
Testator

subscribed their names to the same as witnesses in his presence and that they saw

the said L. B. Gurley deceased sign and seal said 1st codicil to the will and

heard him acknowledge the same to be his 1st codicil to the will and Testament

that the said L.B. Gurley at the time of making signing and sealing said codicil

was of legal age and of sound and disposing mind memory and under no undue

or unlawful restraint whatsoever.

Mary Brown

Chas Neil.

Sworn and subscribed to this 1st day of April 1880

F. B. Sprague Probate Judge



The state of Ohio }

Delaware Co } Personally appeared in open Court James Banks and
Mary

O. Brown the subscribing witnesses to the last will and Codicil to the will and
testament of

L. B. Gurley deceased who being duly sworn to speak the truth the whole truth and

nothing but the truth in relation to the execution of said 2nd codicil to the last will

and testament depose and say that the paper before them purporting to be the

2nd codicil to the last will and testament of L. B. Gurley now deceased is the

codicil to the Will of said deceased L. B. Gurley, that they were present at the

execution of 2nd codicil to the will at the request of the Testator subscribed their

names to the same as witnesses in his presence and that they heard him acknowledge
the

same to be his 2nd codicil to last will and Testament and that they saw said L. B.

Gurley sign and seal said 2nd codicil to the last will; that the said L.

B. Gurley at the time of making signing and sealing said 2nd codicil was

of legal age and of sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever.

James Banks

Mary O. Brown

Sworn and subscribed to in open Court

this 1st day of April 1880

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 326)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 326)

Description

[page 326]

[corresponds to labeled page 27l of Will Record Vol. 6 1876 - 1883]

271

Adam Mullen Will

May 29th 1880.

On this day the last Will and Testament of Adam Mullen was presented

all legal forms completed with and duly proven and ordered admitted to Probate

and Record.

Copy of the Will

I Adam Mullen of Genoa Tp.

Delaware County Ohio

First I bequeath and devise all my property both real & personal of which I may die

possessed to my beloved wife Malissa Mullen to have and possess during the

period of her natural life

After her death to be equally divided between my

children Eligah Mullen Hiram Mullen T McLeod Gerusha Comer

Aurea Mullen and Alfred H Mullen

In witness whereof I hereunto set my

hand seal at Genoa aforesaid This 24 day of July 1879.

Adam Mullen {Seal}

Signed & sealed by said Adam Mullen }

who at the same time published and }

declared the same to be his last Will }

and Testament in the presence of us }

who in his presence and in the presence }

of each other and at his request have }

hereunto subscribed our names as }

witnesses. James Hughes }

James K. Morris }

John Van Tasel }

The state of Ohio }

Delaware County } Personally appeared in open Court James Hughes James K Morris and

John Van Tassel the subscribing witnesses to the last will and Testament of Adam Mullen

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 Adam Mullen now

deceased is the will of said deceased Adam Mullen that they 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 Adam Mullen deceased sign

and seal said will and heard him acknowledge the same to be his last will and Testament,

that said Adam Mullen at the time of Making signing and sealing said will was of

legal age and of sound and disposing mind, memory and under no undue or unlawful

restraint whatever James Hughes

Sworn to and subscribed this 29 day of May John Van Tassel

in open Court James H Morris

F. B. Sprague Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 327)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 327)

Description

[page 327]

[corresponds to labeled page 272 of Will Record Vol. 6 1876 - 1883]

272

Catherine Davis Will

April 26th 1880.

On this day the last will and testament of Catherine Davis was presented all

forms complied with and duly proven and ordered admitted to Probate & Record.

Copy of the Will

In the name of the Benevolent Father of all I Catherine R Davis do make and

publish this my last will and Testament.

Item 1st I give and devise to my beloved husband One bed-

Stead Feather bed, Strawtick and the necessary covering to make it comfortable

Item 2nd I give and devise to my beloved Brother Thomas J Butt one Good bed quilt

and one Zephyr motto

Item 3rd I give and devise to my beloved Brother Henry Butt one good bed quilt and

Zephyr motto

Item 4th I give and devise to my Cousin Mary Butt all my necessary apparel and

Jewelry.

I give and devise to my Cousin Archabald Butt all my personal property

except what is heretofore devised to others

I do hereby nominate and appoint J. T Hutchinson Executor of this my last

will and Testament.

In testimony whereof I have hereunto set my hand

seal this 31st day A.D. 1879

Catharine R David {Seal}

Signed and acknowledged by the said Catharine R Davis as her last will and

Testament and signed by us in her presence.

J. T. Hutchinson }

Arch Butt. }

Sworn and subscribed to this 26 day of April 1880.

F. B. Sprague

Probate Judge



The state of Ohio }

Delaware Co } Personally appeared in open Court J. T Hutchinson and Archabald

Butt

the subscribing witnesses to the last will and Testament of Catharine Davis deceased who being

duly sworn 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 Catharine Davis now deceased is the will of said deceased Catharine Davis

that they were present at the execution of said will at the request of the Testatrix subscribed

their

names to the same as witnesses in her presence and that they saw the said Catharine R Davis

sign

and seal said will and heard her acknowledge the same to be her last will and Testament that

the said Catharine R Davis at the time of making signing and sealing said Will was of legal age

and

of sound and disposing mind and memory and under no undue or unlawful restraint

whatsoever.

J. T. Hutchinson

Arch Butt


Sworn and subscribed to this 26 day of April 1880

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 328)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 328)

Description

[page 328]

[corresponds to labeled page 273 of Will Record Vol. 6 1876 - 1883]

273

Jeremiah Woods Will

On the 15th day of July A D 1880 the Last will and

testament of Jeremiah Wood decd was offered for, duly

proven and ordered admitted to Probate and record

F B Sprague

Probate Judge


Copy of the Will

Be it remembered that I Jeremiah Wood of Eden Station

(Brown Township) Delaware County & State of Ohio do make and

publish this my last will and testament in manner following,

that is to say

I direct that my just debts be paid with all

convenient speed. To my wife Lucinda M Wood I give and

bequeath my estate both real and personal during her natural

life and at her death I desire that my daughter Zilpha

Smith receive from my estate the sum of five dollars

All the rest residue and remainder of my

Estate real & personal I give devise and bequeath unto my

two Sons L Perry Wood and Jackson Wood in Equal

proportions.

It is my desire that no appraisement or sale

be made of my Estate if it can be satisfactorily settled by

omitting the same and that it be so directed by the Judge

of Probate.

I hereby appoint my wife Lucinda Wood and

L Perry Wood Executors of this my last will and

testament. In witness whereof I the above named

testator have hereunto set my hand and seal this fourth day

of March A D 1880. Jeremiah Wood {Seal}

Signed by said Jeremiah Wood

in our presence and witnesses by us in his presence

J.M. Coomer

W.A. Coomer

Probate of the Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in Open Court

J.M. Coomer & W A Coomer the subscribing witnesses

to the last will and testament of Jeremiah Wood decd

who being duly sworn according to law to speak the truth

in relation to the execution of said will depose and

say that the paper before them purporting to be the last
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 329)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 329)

Description

[page 329]

[corresponds to labeled page 274 of Will Record Vol. 6 1876 - 1883]


274


Will and Testament of Jeremiah Wood now deceased is the

Will of the Said deceased Jeremiah Wood. 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 Jeremiah Wood

decd sign and seal said will and heard him acknowledge

the same to be his last will and testament, that the said Jer-

emiah Wood at the time of making signing and sealing said

Will was of Legal age of sound and disposing mind and

memory and under no undue or unlawfull restraint what

soever J.M. Coomer

W.A. Coomer

Sworn to and subscribed in open court this 15th day of July

A D 1880. F B Sprague

Probate Judge




James Terry's Will

On the 5th day of July 1880 The Last Will and

testament of James Terry decd was offered for,

duly proven and Ordered admitted to Probate &

record F B Sprague

Probate Judge


Copy of the Will

In the name of the Benevolent Father of all

I James Terry of the Township of

Oxford Delaware County Ohio do make and publish

this my last will and testament

Item 1st I give and devise to my beloved wife Rosanna Terry

the property on which we now reside comprising In Lot

No 30 & also the south half of inlot No thirty one with

all the appurtenances thereto, Situated in the Village

of Ashley Delaware County Ohio. She is to have the

above named property as her own with full power to sell and con-

vey the same to any person or persons she may think

best at any time after my death as she may choose

Item 2nd I also devise & give to my beloved wife all the stock

household goods, furniture provisions & all other goods

& chattles that I may own at the time of my death
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 330)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 330)

Description

[page 330]

[corresponds to labeled page 275 of Will Record Vol. 6 1876 - 1883]


275

James Terry's Will


& also all the debts that may be owing to me at the time of my

decease with full power to collect the same she paying all my

lawfull debts out of the avails of the aforesaid property

Item 3rd I do hereby nominate and appoint my beloved wife Rosanah

Terry Executor of this my last will & testament hereby

authorizing and empowering her to compromise adjust &

release and discharge in such manner as she may deem

proper the debts & claims due me

Item 4th I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

& seal this seventh day of October 1870

James Terry {Seal}

Signed & acknowledged by said James }

Terry as his last will & testament in our } J.A. Scheble

presence & signed by us in his presence } J.T. Livingston


Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in Open Court J.A. Scheble

and J.T. Livingston the subscribing witnesses to the last will and

testament of James Terry deceased who being duly sworn accor-

ding 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 testam-

ent of James Terry now deceased is the Will of the Said deceased

James Terry. 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 James

Terry deceased sign and seal said will and heard him

acknowledge the same to be his last will and testament, that the

James Terry at the time of making signing and sealing

said will was of legal age and of sound and disposing

mind and memory and under no undue or unlawfull restraint

whatsoever J.A. Scheble, J.T. Livingston


Sworn to and subscribed in open court this 5th day of July

A D 1880. F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 331)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 331)

Description

[page 331]

[corresponds to labeled page 276 of Will Record Vol. 6 1876 - 1883]


276


Cinthia M. Parks Will.

July 10th 1880.

On this day the last Will and Testament of Cinthia M. Parks was presented

and duly proven and ordered admitted To Probate and Record.

F. B. Sprague Probate Judge


Copy of the Will

In the name of the benevolent Father

of all I, Cinthia M. Parks of the County and State of Ohio do make and publish

this my last will and testament


Item 1st I give and bequeath to my beloved Son Cicero P. Case the undivided one third

of my farm in Liberty Township Delaware Co on which I now reside consisting of

about one hundred and thirty three acres. The said bequest is one third of

said farm commencing on the south line of said farm being about 44 1/3 acres


Item 2nd I give and bequeath to my beloved Son Loomis A. Case the middle

one third of my said farm being about 44 1/3 acres of land.


Item 3rd I give and bequeath to my Beloved Daughter Dora F. Carlson the balance

of my said farm to wit: The north one third of my said farm consisting

of about 44 1/3 acres of land also all of my household goods and clothing

in consideration of the said Daughter having taken care of and staying

with me for the last 10 or 12 years


Item 4th I desire that my son Cicero P. Case in consideration of his said bequest

pay to my son Oscar P. Case the sum of two hundred dollars within four

years after my decease.


Item 5th I desire that Son Loomis A. Case in consideration of his said bequest

pay to my son Oscar J. Case the two hundred dollars within 4 years

after my decease


Item 6th I give and bequeath to my beloved Daughter A. J. Marks the sum of

the sum of one hundred dollars to be paid out of my personal property


Item 7th I nominate and appoint George Hall of Delaware County Ohio

Executor of this my last will and Testament all erasures and interlining

were made before signing

In Witness I hereunto set my hand seal

this 10th day of March 1880.

Cinthia M. Parks {Seal}

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 332)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 332)

Description

[page 332]

[corresponds to labeled page 277 of Will Record Vol. 6 1876 - 1883]

277


Signed by the said Cinthia M. Parks as her last Will and

Testament in our presence and signed by us in her presence

E Ingersoll

Laura A. Ingersoll.


Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in Open Court E. Ingersoll and Laura

Ingersoll the subscribing witnesses to the last Will and Testament

of Cinthia M. Parks 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

Cinthia M. Parks now deceased, is the Will of the Said deceased Cinthia

M. Parks that they were present at the execution of said Will at the

request of the Testatrix subscribed their names to the same as witnesses in

her presence and that they saw the Said Cinthia M. Parks deceased

sign and seal said Will and heard her acknowledge the same to be her

last Will and Testament that the said Cinthia M. Parks at the time of

making signing and sealing said will was of legal age and of sound and

disposing mind and memory and under no undue or unlawfull restraint

whatsoever

E Ingersoll

Laura A. Ingersoll.

Sworn to and subscribed in open court this

10 day of July A.D. 1880. F B Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 333)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 333)

Description

[page 333]

[corresponds to labeled page 278 of Will Record Vol. 6 1876 - 1883]

278

Gustavus Black Will

July 14 1880.

On this day the last Will and Testament of Gustavus Black was presented

and duly proven and ordered admitted to Probate and record

F. B. Sprague Probate Judge


Copy of the Will

In the name of the Benevolent Father

of all. I Gustavus Black of Delaware County in the State of Ohio and of

sound mind and memory do make and publish this my last will and Testament


Item 1st I give and devise to my wife in lieu of her dower forty one acres of my
farm

on which she now resides, situated in Berlin Township Delaware County Ohio

and in Section Four, Township four and Range eighteen U.S.M land

bounded and described and described as follows: Commencing in the center

of Alum Creek at the North West corner of Jasper Dickermans land thence

North 89? 45 East about four hundred and fifty rods to William Caldwells South

West corner thence north thirty three rods thence South 89? - West about four hundred

and fifty rods to the center of Alum Creek thence down the center of said

Creek to the place of beginning containing in all about ninety one acres

of land, during her natural life I direct that forty one acres be measured

off to her on the South side of that part of the above of the above described farm

being and lying East of the Road that run North and South through said

farm said forty one acres to be measured or struck by a line running parallel

to south line of said farm unless said should into the large barn situated

on farm in which case I direct that there be a sufficient Jog made in said line so

to include said barn on said forty one acres but to include the dwelling House and
Stable and

run around said farm and not nearer than twenty feet to the same I wish her

to have the privilege of using what fruit she may need for her own use

whenever there is any. I give and devise to her my household goods and

furniture which may be in said dwelling House at my decease during

her natural life as aforesaid. It is my will that my wife allow my son

Douglas Black to occupy said dwelling house with her and that they continue

to live there together or that she allow him to use and occupy one half of said

house to be divided as they can agree. At the death of my said wife the real estate

aforesaid this is to say said forty one acres I give devise and bequeath to my son

Douglas Black and his heirs.


Item 2nd I give devise and bequeath the balance of the above described farm to my
son Douglas

Black and his heirs

Item 3rd My other farm situated also in Berlin TP Delaware County Ohio and conveyed

to me by my daughter Arabella Hunt and her husband Daniel Hunt by deed

dated May 27th 1880 I give devise and bequeath to my said daughter Arabella

Hunt and her heirs = provided always and this bequeath to said Arabella Hunt
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 334)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 334)

Description

[page 334]

[corresponds to labeled page 279 of Will Record Vol. 6 1876 - 1883]

279

Gustavus Black Will


is upon condition following to wit: that she pay or cause to be paid

all debts owing by me at the time of my decease including expenses of my

last sickness over and above what my personal effects will not pay provided

further that she pay or cause to be paid to my daughter Cora Waters

the sum of fifteen Hundred dollars at the time and in the manner

following to wit. Three Hundred dollars within one year after my decease four

hundred dollars in two years after my decease. Four hundred dollars in

three years after my decease and four hundred dollars in four after my

decease with interest on the last three mentioned sum of $400.00 each from

and after one year after my decease: that within one year from my decease

she execute and deliver her notes for said sum of fifteen hundred dollars

and secure the same by mortgage on said farm and deliver the same to my

said Daughter Cora Waters and said sum of fifteen hundred dollars so paid

or secured to be paid I give to my said daughter Cora Waters and her heirs

as her full share of my estate. I direct that the personal property and effects

including money and notes that I may have at my decease be applied

toward the payment of my debts so far as it will go and the balance of my

indebtedness I direct as aforesaid shall be paid by my said Daughter

Arabella Hunt on one of the conditions of my bequest to her. And whereas

my said daughter Arabella Hunt and her husband have had the occupation

and use of said last mentioned farm for over two years last past and are now

in possession of the same and as a consideration for the use and occupation

of said farm, have kept and provided for and taken care of me and are now

provided for, taking care of and making a House there for me, it is my

wish and will that she continue to provide for, take care of and furnish a house

on said farm for me as long as I live and that as a consideration therefor

she and her husband Daniel B. Hunt have the use, occupation and benefit

of said farm so long as I may live; and at my decease it is my will that

she and her husband still retain the use, occupation and benefit of said farm

and fully carry out the provisions and directions of this my last Will if in

her power so to do by paying the balance of my debts after my personal

property is exhausted and by also paying or securing to be paid said sum

of fifteen Hundred dollars to my said Daughter Cora Waters and her heirs

as heretofore provided and directed by me

Item 5th I do hereby nominate and appoint my

friend Marshall Smith 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

direct that he first apply all of the personal property including money and

notes toward the payment of my just debts and if there be not enough of

personal property in his hands to pay all my Just debts that he call on

and request my said Daughter Arabella Hunt to pay the balance

according to the provisions of this my last Will and testament.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 335)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 335)

Description

[page 335]

[corresponds to labeled page 280 of Will Record Vol. 6 1876 - 1883]

280

Gustavus Black Will.


I do hereby revoke all former Wills by me made.

In Testimony hereof I have hereunto set my

hand and seal this 28th day of May in the year A.D. 1880

Gustavus Black {Seal}

Signed and acknowledged by the said Gustavus Black }

as his last will and Testament in our presence }

and signed by us in his presence }

R. D. Robinson }

S. W. Crumb }


Probate of the Will

The State of Ohio }

Delaware County } SS Personally appeared in open Court R. D. Robinson and S. W.

Crumb the subscribing witnesses to last Will and Testament of Gustavus Black

deceased, who being duly sworn according to law to speak the truth, the whole

truth, and nothing but the truth, in relation the execution of said Will depose

and say, that the paper before them purporting to be the last Will and Testament

of Gustavus Black now deceased is the Will of said deceased, 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 Gustavus Black deceased

sign and seal said Will and heard him acknowledge the same to be his last Will

and Testament; that the said Gustavus Black at the time of making signing and

sealing said Will was of legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

R. D. Robinson

S. W. Crumb

Sworn and subscribed to in open Court, this 14th day of July 1880

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 336)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 336)

Description

[page 336]

[corresponds to labeled page 281 of Will Record Vol. 6 1876 - 1883]

281

George R. Kooken Will

August 23 1880.

On this day the last will and Testament of George R. Kooken was presented

and duly proven and ordered admitted to Probate and Record.


Copy of the Will

In the Name of God Amen

I George R. Kooken of the county of Delaware and State of Ohio being of sound

mind and disposing mind do make and publish this my last will and testament

Item 1st I desire that all my just debts and funeral expenses be paid

" 2nd I give and devise to my beloved wife Sarah Jane Kooken for her use and
benefit

during her natural life the entire use and control of all my property both

personal and real estate directing however that no sale of real estate be made

" 3rd At the death of my wife I direct that my daughter Eliza Jane Bean and
Andrew

Bean the husband of my said daughter have the use and benefit of all the

aforesaid property during their natural lives directing also that no
sale of real

estate

be made by them

4th At the death of the said Eliza Jane Bean and her husband Andrew Bean it is my

will that all of the aforesaid property be equally distributed between my grand

children Percy Plyna Bean and Benjamin George Bean, but should more children

hereafter be born to my daughter, the said Eliza Jane Bean the same are to share
equally

in the property aforesaid with those whose names have been mentioned.

Item 5th And I do hereby constitute and appoint my beloved wife Sarah Jane Kooken
my sole

executrix

and hereby fully empower her to collect all claims due to me and to pay my debts.
And

it is further my will that no bond be required of her and that no inventory or sale

of my personal property be made and no settlement of my estate be required by

the Court and I hereby desire the Court omit the same as above directed the same

being my will and desire.

In Testimony Whereof I have hereunto set my hand and seal

this the 22nd day of July A.D. 1880.

George R. Kooken

Signed and acknowledged by said George R. Kooken to be his last will and Testament

in our presence and signed by us in his presence.

Henry B. Cullins }

William T Ropp }


Probate of the Will

The State of Ohio } Probate Court

Delaware County } Personally appeared in open Court Henry B. Cullins & William
T Ropp

the subscribing witnesses to last Will and Testament of George R.

Cooken 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 George R. Kooken now deceased is the Will of said deceased George R. Kooken
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 337)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 337)

Description

[page 337]

[corresponds to labeled page 282 of Will Record Vol. 6 1876 - 1883]

282


Jacob Zimmerman Will


now deceased is the will of said deceased George R. Kooken 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 George R. Cooken deceased

sign and seal said Will and heard him acknowledge the same to be his last

Will and testament, that the said George R. Kooken at the time of making signing

and sealing said Will was of legal age and of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever

Henry B. Cullins

Wm B. Ropp.

Sworn and subscribed to in open Court this 23rd of August 1880

F. B. Sprague Probate Judge

==============================================================================


August 14th 1880.

On this day the last will and testament of Jacob Zimmerman was presented and

duly proved and ordered admitted to Probate and Record.

Copy of the Will

In the name of the benevolent father of all I Jacob Zimmerman of lawful age do

make and publish this my last will and Testament.

1st Item I give and bequeath to my beloved wife Ann Eliza Zimmerman all the property I may

have at my death both personal and real, she to pay all my just debts and to have said

property and the avails of the same so long as she shall live, at her death my oldest

son Charles Israel Zimmerman shall have two hundred dollars to be paid out of my

estate, the balance to be divided equally among the balance of my heirs on condition

that my widow Ann Eliza Zimmerman shall again marry after my death, the division

of my property shall then be made as above specified. It is also my wish that my

wife Ann Eliza Zimmerman be my executrix and that no appraisement nor sale be

made nor that my executrix be not required to give any bail bond as such

executrix. In Witness I have hereunto set my hand this 29th day of January 1877.

Jacob Zimmerman

Signed by us in Jacob Zimmermans }

Presence and signed by him in our }

presence this 29th day of January 1877. }

Almira Waters }

J. C. Nales }

Comission

The State of Ohio }

Delaware County } To W. R. Nates Notary Public Lucus County Ohio

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 Almira Waters and J. C. Waters subscribing witnesses

to the last Will and Testament of Jacob Zimmerman hereto 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 Almira Wales and J. C. Wales
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 338)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 338)

Description

[page 338]

[corresponds to labeled page 283 of Will Record Vol. 6 1876 - 1883]

283

Jacob Zimmerman Will

to be brought before you, and then and there on oath or affirmation first taken before you

touching the due execution of said will of the said Jacob Zimmerman and that you

reduce such examination to writing and return the same together with this commission

and Will of said Jacob Zimmerman thereto annexed closed up under your seal into

our said Probate Court with all convenient speed

In Testimony Whereof, I F. B. Sprague

Judge of said Court have hereunto set my hand the seal of said Court at Delaware

this 14 day of August A.D. 1880.

F. B. Sprague Probate Court


Probate of Will

The State of Ohio }

Delaware County } Personally appeared in open Court Almira Wales and J. C. Wales

the subscribing witnesses to last will and Testament of Jacob Zimmerman

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 Jacob Zimmerman is the will of said

deceased Jacob Zimmerman. Almira Wales and J. C. Wales of lawful age being first

duly sworn by me as hereinafter deposes as follows 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 Jacob Zimmerman deceased sign and seal

said will and heard him acknowledge the same to be his last will and Testament: that

the said Jacob Zimmerman at the time of making, signing and sealing said will was of

legal age and of sound and disposing mind and memory and under no undue

or unlawful restraint whatever.

Almira Wales

J. C. Wales

Sworn to and Subscribed in open Court this 16th day of August 1880, before me a commissioner

duly appointed by the Probate Court of Delaware County Ohio to take the testimony of

said Almira & J C Wales

W. R. Wales Commissioner

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 339)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 339)

Description

[page 339]

[corresponds to labeled page 284 of Will Record Vol. 6 1876 - 1883]


284


Alford C. Williams

On the 7th day of September A.D. 1880, the Last

Will and Testament of Alford C Williams was

duly proved and ordered admitted to Probate & Record

Journal, Page 7.

Copy of the Will

In the name of the Benevolent Father of all. Amen

I Alford C Williams of Trenton Township

Delaware County Ohio being of sound mind and

retentive memory do make and publish this my

last will and testament revoking all former wills

by me made

1st It is my will that my executor shall cause to be paid all legal

demands against my estate.

2nd It is my will that my beloved wife Martha E Williams

shall inherit all my propery of which I may die pos-

sessed both real and personal, and I hereby appoint her

to executrix to settle any legal demands against my

estate. In testimony whereof I have hereunto set my

hand and seal this 9th day of March A D 1874.

Alford C Williams {Seal}

Signed by him in our presence and by us in his presence this

9th day of March A D 1874 F B Sprague, F Williams


Probate of the Will

The State of Ohio Delaware County Court of Common Pleas

Personally appeared in open Court F B Sprague & F Williams the subscribing

witnesses to the last will and testament of Alford C Williams decd who being

sworn to speak the truth in relation to the execution of said will depose and

say that the paper before them purporting to be the last will & testament of Alford C Williams

decd is the will of the said decd Alford C Williams, 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 & that they saw the said A C Williams decd sign & seal said will and

heard him acknowledge the same to be his last will and testament, that the said A

C Williams at the time of making signing & sealing said will was of legal age of sound

and disposing mind & memory and under no undue or unlawful restraint

whatsoever, F.B. Sprague F Williams

Sworn to and subscribed in open Court this 7th day

of Sept A D 1880

John Chapman

Clerk of Delaware County Common Pleas Court

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 340)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 340)

Description

[page 340]

[corrresponds to labeled page 285 of Will Record Vol. 6 1876 - 1883]

285

Ira Derthick Will

On the 8th day of September A D 1880 the last Will and

testament of Ira Derthick Decd was presented for and duly

admitted to probate & record

Journal 6 Page 8. F B Sprague

Probate Judge

Copy of the Will

Know all men by these presents that I Ira Derthick of the town

of Galena County of Delaware and State of Ohio being of sound

and disposing mind and memory do make and publish this

my last will and testament hereby revoking all former wills by

me heretofore made

I hereby constitute and appoint my sons Clinton Derthick and

John Derthick to be executors of this my last will and I

desire that they shall act without Bond. I Desire that my

executors the said Clinton Derthick and John Derthick

Shall have full ample and complete power to dispose of in

such manner as they think proper all my estate of every

description real and personal excepting my household

furniture which I bequeath to my wife Viansa Derthick

the said household furniture not to be considered in any

bequest hereafter made. I desire that my Executors be

excused from making an inventory and having an

appraisement made of my estate.

I hereby direct my executors to pay to my wife Viansa

Derthick one third of all the proceeds that may be realized

from the disposal of my estate both real and personal

my intention being that she shall have one third of all I

am worth in Lieu of Dower

I hereby direct my executors to pay to each of my daughters

Helen Perfect and Czarina Gault Fifteen Hundred

dollars, The Balance of my estate I desire shall be divided

equally between all my children, Lucien Derthick Clinton

Derthick John Derthick, Helen Perfect, & Czarina Gault

I desire that a certain promissory note for Four thousand

One Hundred two and 88/100 dollars ($4102.88) given me for

value received by my son Lucien Derthick on the 12th day of

July A D 1880 shall apply in paying the legacy bequeathed

to him in this instrument. I further desire that no interest

be charged on said note

In witness whereof I have hereunto set my hand and seal

this 26th day of July A D 1880

Ira Derthick {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 341)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 341)

Description

[page 341]

[corresponds to labeled page 286 of Will Record Vol. 6 1876 - 1883]


286

Ira Derthick's Will

We the undersigned subscribing witnesses sign this instrument

in the presence of each other and in the presence of the

testator at his request Warren McCreary

A. M. Seymour

Proof of Will


The State of Ohio }

Delaware County } SS Probate Court


Personally appeared in open Court

Warren McCreary and A M Seymour the subscribing

witnesses to the last will and testament of Ira Derthick

who being duly sworn to speak the truth in relation to the

execution of said will depose and say that the paper

before them purporting to be the last will & testament

of Ira Derthick now deceased is the will of the said decd

Ira Derthick 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 & that they saw

the said Ira Derthick decd sign & seal said will

and heard him acknowledge the same to be his last

will and testament, that at the time of making signing

& sealing said will he was of legal age and of sound

and disposing mind & memory and under no

undue or unlawful restraint whatsoever,

Warren McCreary

A M Seynour

Sworn to and and subscribed in open Court this 8th day of Sept

A D 1880

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 342)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 342)

Description

[page 342]

[corresponds to labeled page 287 of Will Record Vol. 6 1876 - 1883]

287

Mary White's Will

On the 9th day of September A D 1880 the last will

and testament of Mary White late of Kingston Township

was duly proven and ordered admitted to Probate and record

F B Sprague

Probate Judge

Copy of the Will

I Mary White, Widow, of Township of Kingston in the County

of Delaware in the State of Ohio do hereby make and publish

this my last will and testament hereby revoking and annulling

all former wills made by me and declare this to be my only last

will and testament

Item 1st I do hereby will and bequeath and devise to my three daughters

Phebe Jane White, Mary Elizabeth White and Harriet Adelpha

White all the property and estate both real and personal of

any description of which I may be the owner at the time

of my death or of which I may die seized, the real estate

to be divided equally between my said three daughters and

the personal property to be also equally divided between said

three daughters. Said division to be made according to the

value of said property excepting as provided in item 4 of this will

Item 2. In case of the death of any of said three daughters

without leaving lineal descendents it is my will that said

property shall go to the survivors of them in equal shares

or in case of the death of two of them, to the survivor

and in case none of said daughters survive me and in case

none of them leave lineal descendents their lawfull issue

then it is my will that said property shall pass to the

heirs at law of my daughter now deceased. _______ Van Sickle

Item 3 In case either of my said daughters however shall die

during my life leaving children or lawfull lineal descendents

then it is my will that such descendents shall take the same

share at my death of said property, per stipes as such

daughter would have taken under this will had such

daughter or daughters survived me

Item 4 I will and bequeath to my son Edwin White one dollar

Item 5 I nominate and appoint my friends F M Owen

and John W Hall to be the executors of this my last

will and testament, In testimony whereof I have

hereunto subscribed my name and set my seal this 31st day

of October in the year of our Lord one thousand Eight

Hundred & Seventy Three Mary White {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 343)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 343)

Description

[page 343]

[corresponds to labeled page 288 of Will Record Vol. 6 1876 - 1883]

288

Mary White's Will


The foregoing instrument was signed and sealed by the testatrix

Mary White and by her declared to be her last will and

testament in our presence and the attestation signed by us

in her presence at her request and in the presence of each other

Charity Wilcox

Mary E Gammill


Probate of the Will


The State of Ohio }

Delaware County } SS Probate Court


Personally appeared in open Court Charity

Wilcox and Mary E Gammill the subscribing witnesses to the

last will and testament of Mary White who being duly

sworn according to law to speak the truth in relation

to the execution of said will, depose and say that

the paper before them purporting to be the last will

& testament of Mary White now deceased is the

will of the said deceased Mary White that they were

present at the execution of said will at the request of

the testatrix subscribed their names to the same as

witnesses in her presence & that they saw the said

Mary White deceased sign and seal said will and heard

her acknowledge the same to be her last will and testament

that the said Mary White at the time of making signing

and sealing said will he was of legal age and of sound

and disposing mind & memory and under no undue

or unlawful restraint whatsoever,

Charity Wilcox

Mary E Gammill

Sworn to and subscribed in open Court this 9th day

of Sept A D 1880

F B Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 344)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 344)

Description

[page 344]

[corresponds to labeled page 289 of Will Record Vol. 6 1876 - 1883]

289

Sarah W. Caulkins Will

Filed October 4 1880.

On this day the last will and Testament of Sarah W Caulkins was presented

and admitted to Probate.

F. B. Sprague Probate Judge

Copy of Will

In the name of the Benevolent Father of All, Sally W Caulkins of the

County of Delaware State of Ohio do make and publish this my last

Will and Testament.

Item 1st I will and Devise to my Son Albert J Caulkins all my right

title and Interest, being the undivided one half of the following described

tract of land; Situate in the County of Delaware and State of Ohio and in

Range 18, Township 4, Section one US Military Survey and Bounded and

described as follows: Commencing at N West corner of a tract of land owned

by Joseph Roloson thence west seventy one rods and five links; thence

South to land sold to Jacob Bockover; thence East along said Bockovers

land Seventy one rods and 5 links; thence North to the place of beginning

Containing forty acres, be the same more or less.

Item 2 I give and devise to

my Son Albert J. Caulkins all my personal property moneys and credits

that may be unexpended at my decease.

Item 3 I do hereby nominate and appoint

Harvey Johnson Executor of this my last Will and Testament hereby

authorizing him and empowering to compromise, adjust, release and discharge

in such manner as he may deem proper the debts and claims due me I do also

authorize him and empower him if it shall become necessary in order to

pay my debts to sell by Private Sale or in such manner upon such terms

of credit or otherwise as he may think proper all or any part of my real

estate and deed to purchasers to execute acknowledge and deliver in fee

Simple. I do hereby revoke all former Wills by me made.

In testimony whereof I Have hereunto set my hand and Seal this

5th day of May A.D. 1876

Sally W Caulkins {Seal}

Signed and Acknowledged by said Sally W Caulkins }

as her last will and Testament in our presence }

and signed by us in her presence }

J. P. Crawford }

G. Gregory }

Commission

The State of Ohio } To Jacob Gedelman, Greeting

Delaware County } Know ye, That we in confidence of your prudence

and fidelity have appointed you and by these presents do give you full
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 345)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 345)

Description

[page 345]

[corresponds to labeled page 290 of Will Record Vol. 6 1876 - 1883]

290

Sarah W Caulkins Will

power and authority to examine and take the deposition of J P Crawford

one of the Subscribing witnesses to the last will and testament of

Sally W Caulkins hereto 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 J. P. Crawford 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 the said Sally W Caulkins and that you reduce such examination to

writing and return the same together with this commission and the will of

the said Sally W Caulkins thereto annexed closed up under your seal

into our said Probate Court with all convenient speed.

In Testimony Whereof I, F. B. Sprague Judge of the said

Court have hereunto set my hand and affixed the seal of said Court at

Delaware this 22nd day of September A.D. 1880

F. B. Sprague Probate Judge

{Seal}


The State of Ohio } Personally appeared in open Court J. B. Crawford one

Delaware County } of the subscribing witnesses to the last will and Testament

of Sally W Caulkins 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

Sally W Caulkins now deceased is the will of said deceased Sally W

Caulkins. That G Gregory now deceased was the other subscribing

witness to said Will that I recognize the signature of said Gregory

as the signature he made to said will I do not recollect of Mr Gregory

signing said will but I have no doubt but that he did sign it, that they

were present at the execution of said will at the request of the Testatrix

subscribed their names to the same as witnesses in her presence

and that they saw the said Sally W Caulkins deceased sign and seal

said will and heard her acknowledge the same to be her last will and

testament that the said Sally W Caulkins at the time of making

signing and sealing said will was of legal age and of sound and

disposing mind and memory and under no undue or unlawful

restraint whatsoever

J. P. Crawford

Sworn and Subscribed to in open Court

22nd day September 1880


Before me, as commissioner duly appointed by the Probate Court of

Delaware Ohio

Jacob Gedelman Commissioner


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 346)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 346)

Description

[page 346]

[corresponds to labeled page 291 of Will Record Vol. 6 1876 - 1883]

291

Moses Green Estate.


On this 27th day September 1880 the last will and testament of Moses Green was
presented

and duly proved and ordered admitted to Probate and record

In the name of the Benevolent Father of all: I Moses Green of Delaware County Ohio

and sound mind and memory do make and publish this my last will and Testament

Item 1st I give and devise to my beloved wife [Rezepah Elpha Garrabrant] E. Green
in lieu of

her dower the farm on

which we now reside situated in Harlem Township in Delaware County Ohio and

containing about Eighty two acres of land during her natural life and all the Stock

household goods, furniture and provisions and other goods and Chattels including

money notes and accounts which may be thereon or belong to me at the time of my

decease I give and bequeath to my said wife absolutely to use and do with as she

may think best she however to sell so much thereof as may be sufficient to pay all

my just debts. At the death of my said Wife the real Estate aforesaid I give

and devise to my sons Charles B Green and Howard N. Green and my unborn

child provided it be a boy and their heirs but in case our unborn child should be

a girl then I give and devise said real Estate to my two sons Charles B Green and

Howard N. Green and their heirs

Item 2nd It is my will and I do further direct and require that when my said sons
shall

come into the possession of said Real Estate, and as a condition that they hold and

enjoy the same, that they pay to each of my other children or their heirs the sum of

one hundred Dollars - that is to say to my son B S Green one hundred dollars

To my Daughter Eva Green one hundred Dollars to my daughter Dora D Green one

hundred dollars. To my daughter Olive B. Green one hundred dollars to my daughter

Ada Green one hundred dollars To my daughter Emma Green one hundred dollars

to my daughter Celia R Green one hundred dollars To my daughter Bertha A Green

one hundred dollars and to my daughter Minnie A Green one hundred dollars

and in case my unborn child should be a girl to also pay her one hundred dollars

But in case said unborn child should be a boy and live He to have one equal

interest and Estate in my said Real Estate with said Charles B and Howard

N. Green

Item 3rd I do hereby nominate and appoint my wife guardian of our children vis Dora
D Green

Olive B Green Ada Green Celia R Green Bertha A Green and Minnie A Green -

also Charles B Green and Howard N. Green untill they shall all respectively arrive

of age.

Item 4th I do hereby authorize and Empower my said Wife Rizpah E Green to

compromise, adjust, release and discharge in such manner as she may deem proper the

debts and claims due me It is my will and I desire that no appraisment and no Slate

of my personal property be made and that the Court of Probate direct the omission

of the same in pursuance of the Statute. I do hereby revoke all former wills by me

Made In testimony Hereof I have hereunto set my Hand and Seal this 14th day

of September in the year A.D. 1880.

Moses Green {Seal}

Signed and acknowledged by said Moses

Green as his will and Testament in our
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 347)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 347)

Description

[page 347]

[corresponds to labeled page 292 of Will Record Vol. 6 1876 - 1883]

292

Moses Green Will

in our presence and signed by }

us in his presence }

E. B. Hempstead }

Rosel Edwards }


Probate of the Will


The State of Ohio }

Delaware County } Personally appeared in open Court E. B. Hempstead and Rosel

Edwards the subscribing witnesses to the last Will and Testament of Moses Green

deceased who being duly sworn according to law to speak the truth and 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 Moses

Green now deceased is the will of the said deceased Moses Green authorized R. G. Robinson

Esq to sign said will for him as he could not use his hand, 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 Moses Green

deceased, sign and seal said will and heard him acknowledge the same to be his

last will and Testament, that the said Moses Green at the time of making signing

and sealing said will was of legal age and of sound and disposing mind & memory

and under no undue or unlawful restraint whatsoever:

Sworn and subscribed to in open this } E B Hempstead

9th day of October AD 1880. } Rosel Edwards

F B Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 348)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 348)

Description

[page 348]

[corresponds to labeled page 293 of Will Record Vol. 6 1876 - 1883]

293

Eleazer Carpenter. Will

Filed Nov 13th 1880

On this day the Last and Will and testament of Eleazer Carpenter deceased

was presented and duly proved and ordered admitted to Probate and Record.

Copy of Will

Know all Men by these presents that I Eleazer Carpenter of Harlem Township

Delaware County Ohio being of sound and disposing mind and memory do hereby

make and Publish this my last will and Testament hereby revoking any and

all wills heretofore by me made. I hereby appoint Evi Linabary of Delaware

County Ohio to be sole Executor of this my last will and Testament

and desire that he shall have full ample and Complete power to sell and convey

my real Estate in accordance with my desires hereinafter expressed.

I desire that my brother Thos. E Rose shall have the use of my farm in Harlem

Township Delaware County Ohio for two years after my decease, the said

Thos E Rose to pay all taxes on said farm that may become due within two

years after my decease.

At the expiration of two years after my decease I desire that

my executor shall sell my said farm as soon as practicable and divide the proceeds

as follows: viz: Two hundred dollars to be paid to my Nephew Isaiah Heddens

The balance to be equally divided between my brother Thos E Rose and

my sister Fidelia Couchman.

I desire that my real Estate situated in Berkshire

Township Delaware County State of Ohio deeded to me by Joseph J. Adams

and wife shall be sold as soon as practicable after my decease, the proceeds

to be disposed of as follows: viz: First pay all debts owing by me which were

contracted previous to the date of this will, the balance to be divided equally

between my deceased wives brothers and Sisters: Anon Linabary Waymon

Linabary Evi Linabary Edson Linabary Julia Whitney and Diadema

Feazel.

I desire that my personal property be sold as soon after my decease

as practicable and the proceeds together with all moneys in my possession at the

time of my decease be disposed as follows: viz: First pay my funeral expenses and

debts owing by me contracted after the date of this will - the balance to be paid to my

Sister Fidelia Couchman.

In witness whereof I have hereunto set my hand and Seal

this 15th day of September A.D. 1880.

Eleazar Carpenter {Seal}

The above instrument was signed and Sealed in our presence by the Testator

Eleazor Carpenter who declared the same to be his last will and Testament and we

at his request in his presence and in the presence of each other sign our names hereto

as attending witnesses } George J. Roberts

Amazon [A. Mason] Washbourn
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 349)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 349)

Description

[page 349]

[corresponds to labeled page 294 of Will Record Vol. 6 1876 - 1883]

294

Frederick Swicker's Will

Probate of the Will


The State of Ohio }

Delaware County} Personally appeared in open Court George J Roberts and Amason

Washburn the Subscribing witnesses to the last will and Testament of Eleazar

Carpenter deceased, who being duly sworn according to law to speak the truth the

whole truth and nothing but the 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 Eleazar Carpenter now deceased is the will of the said deceased

Eleazar Carpenter 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 Eleazar Carpenter deceased sign and

seal said Will and heard him acknowledge the same to be his last Will

and Testament; that the said Eleazer Carpenter at the time of making signing

and sealing said will was of legal age and of sound disposing mind and memory

and under no undue or unlawful restraint whatsoever.

George J. Roberts

A. Washbourn

Sworn to and Subscribed in open Court }

this 13th day of November A.D. 1880 }

F B Sprague Probate Judge
=====================================================================


Frederick Swicker's Will

Filed Nov 15 1880

On this day the last will and Testament of Herman Swicker was presented

and duly proven and ordered admitted to Probate and Record.


Copy of the Will

I Frederick Swicker of Genoa township in Delaware County Ohio do make and

Publish this my last will and Testament:

Item 1st I give and devise to my beloved wife in lieu of her dower the farm on which we now

reside situate in the county of Delaware and State of Ohio Township B Range

17 Section 1 U.S.M.L. containing about twenty five acres of land during her natural

life and the stock household goods furniture provisions and other goods and chattels

which may be thereon at the time of my decease during her natural life as

aforesaid she however selling so much thereof as may be sufficient to pay my

just debts. At the death of my said wife the real Estate aforesaid I give and

devise to my grandson (meaning my oldest grandson) and his heirs Provided

that if said grandson shall sell said real estate then the purchasers money

to be divided equally among all my grandchildren. If my said grandson should

die before the decease of my said wife leaving no child or children at the

decease of my said wife then I devise and bequeath my said property to my children

in equal proportions said property first to be sold. If my said wife should die

before my grandson should arrive at the age of twenty one years then it is my will
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 350)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 350)

Description

[page 350]

[corresponds to labeled page 295 of Will Record Vol. 6 1876 - 1883]

295

Frederick Swicker's Will

that my son Shane Swicker shall control said property by giving bonds

approved by the Proper Court until said grandson shall attain to the age of twenty

one years.

I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand and seal this 2nd day of

March in the year 1876.

Frederick Swicker {Seal}

Signed and acknowledged by said

Frederick Swicker as his last

will and Testament in our presence

and signed by us in his presence

Ralph Smith

M. Closson


Probate of Will


The State of Ohio }

Delaware County } Personally appeared in open Court Ralph Smith

and Milo Closson the Subscribing witnesses to the last will and Testament of

Frederick Swicker deceased who being duly sworn according to law to

speak the truth the whole 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 Frederick Swicker now deceased is the

will of said deceased Frederick Swicker 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 Frederick Swicker deceased sign and seal said Will and heard

him acknowledge the same to be his last will and Testament that

the said Frederick Swicker at the time of making signing and sealing

said will was of legal age and of sound disposing mind and memory

and under no undue or unlawful restraint whatsoever.

Ralph Smith

Milo Closson

Sworn and Subscribed in open this 15 day

of September A.D. 1880

F B Sprague Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 351)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 351)

Description

[page 351]

[corresponds to labeled page 296 of Will Record Vol. 6 1876 - 1883]

296

Mary K. Winget Will.

Filed November 8th 1880

On this day the last will and Testament of Mary K. Winget was presented and

duly proven and ordered admitted to Probate and Record.

Copy of the Will.

In the Benevolent Father of all I Mary K. Winget do make and Publish this

my last Will and Testament

Item 1st I give and bequeath to my three Daughters to wit: Susan M. Fox Mary C

Case and Hannah E Wilson five dollars

" 2 I give and bequeath to my grandaughter Mary Ellen Wilson all my personal

and real Estate if any there be at the time of my decease including all moneys

Notes Drafts checks of every description including my gold watch and chain and

six silver tea spoons also including one Bed and Bedding

Item 3rd I do hereby nominate and appoint L S Felkner 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 see proper the debts

and claims due me. I do also authorize and empower him if it shall be

necessary to sell, in order to pay debts at private sale or in such manner

upon such terms of credit or otherwise as he may think proper all or any

part of my real Estate and Deeds to purchasers 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 22 day

of August 1876

Mary K. Winget {Seal}

Signed and acknowledged by said Mary K. Winget

as her last will and Testament in our presence

and signed by us in her presence.

L. S. Felkner

H. Wood Felkner


Probate of Will


The State of Ohio }

Delaware County ss } Personally appeared in open Court L. S. Felkner and H

Wood Felkner the Subscribing witnesses to the last will and Testament

of Mary K. Winget 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 purport-

ing to be the last will and Testament of Mary K Winget now deceased is the

will of said deceased Mary K Winget that they were present at the execution

of said will at the request of the Testator subscribed their names to the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 352)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 352)

Description

[page 352]

[corresponds to labeled page 297 of Will Record Vol. 6 1876 - 1883]

297

Dorothy Gaston's Will


same as witnesses in her presence and that they saw the said Mary K. Winget

deceased sign and seal said Will and heard her acknowledge the same

to be her last will and Testament, that the said Mary K Winget at the time of

making signing and sealing said Will was of legal age and of sound and

disposing mind and memory and under no undue or unlawful restraint whatsoever.

L. S. Felkner

H Wood Felkner

Sworn to and Subscribed in open Court this }

8th day of November A.D. 1880 }

F B Sprague Probate Judge

================================================================


Dorothy Gaston's Will

Filed November 5th 1880.

On this day the last will and Testament of Dorothy Gaston was

presented and duly proven and ordered admitted to Probate and Record

Copy of the Will

In the name of Benevolent Father of all Amen.

I Dorothy Gaston of Delaware, Delaware County Ohio being my usual

health of body and of sound mind and memory do make and publish

this my last will and Testament hereby revoking and making null and

void all other and former last Wills and Testament by me heretofore

made

1st First It is my Will that all my Just Debts and funeral expenses

including a suitable grave stone to be placed over my grave shall be

paid out of my property of which I may be possessed as soon after my

decease as prachcable

II Item. All the rest and residue of my estate real, personal and

mixed of which I may die seized possessed or entitled unto in law,

or equally, in possession, expectancy, remainder, or reversion wheresoever the

same may be lying or situate I give devise and bequeath unto my

Daughters Rosanna Blackwell of Columbus Ohio, Harriet N. Gaston

of Chicago Ill. Margaret Ann Baker of Delaware Ohio and my Son

Samuel D. Gaston of Delaware County Ohio to be equally divided

between them Share and Share alike to have and To hold unto them

their heirs and assigns forever.

In Testimony Whereof I have hereunto set

my hand and Seal this the Second day of March AD 1878.

her

Dorothy X Gaston

mark

Signed and acknowledged and delivered by her said Dorothy Gaston as
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 353)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 353)

Description

[page 353]

[corresponds to labeled page 298 of Will Record Vol. 6 1876 - 1883]

298

Dorothy Gaston's Will


and for her last will and Testament in our presence and hearing,

who at her request and in her presence and in the presence of each

other have subscribed our names as witnesses thereto this second

day of March A.D. 1878.

Alice H. Hays

Henry C. Kronenbitter

Commission

The State of Ohio }

Delaware County SS } To Lorenzo English, Greeting:

Know Ye, That we, in

confidence of your prudence and fidelity have appointed you and by us

presents do give you full power and authority to examine and take the Deposition

of Alice H. Hays of Columbus Ohio and of Henry C. Kronenbitter if he

found in Columbus O and J. W. Baldwin subscribing witnesses to the last

will and Testament of Dorothy Gaston, hereto annexed late of the County of

Delaware in the State of Ohio, deceased; and herefore we command you to

at certain days and places appointed by you you cause the said Alice

H. Hays, Henry C. Kronenbitter if he be found as aforesaid and J. W. Baldwin

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 of the said Dorothy Gaston and that you reduce such examination to

writing and return the same together with this commission and the Will of the

said Dorothy Gaston hereto annexed closed up under your seal unto our said

Probate Court with all convenient speed.

In Testimony whereof I F. B. Sprague Judge of the said

Court have hereunto set my hand and affixed the seal of said Court at

Delaware this 4th day of November AD 1880

F. B. Sprague Probate Judge

Probate of the Will

The State of Ohio }

Franklin County SS } Personally appeared before me Lorenzo English the

Commissioner named within commission hereto attached Alice H. Hays one of

the subscribing witnesses to the last will and Testament of Dorothy Gaston

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

deposes and says that the paper before her purporting to be the last will and

Testament of Dorothy Gaston now deceased is the will of said deceased

Dorothy Gaston that she was present at the execution of said will at the

request of the Testatrix subscribed her name to the same as witness in her

presence and that she saw the said Dorothy Gaston deceased sign and seal


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 354)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 354)

Description

[page 354]

[corresponds to labeled page 299 of Will Record Vol. 6 1876 - 1883]

299

Dorothy Gaston's Will

said Will and heard her acknowledge the same to be her last will and

Testament that the said Dorothy Gaston at the time of making signing and

sealing said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

Alice H. Hays

Sworn and Subscribed before me this }

6th day of November AD 1880 }

Lorenzo English

Commissioner

Probate of the Will

The State of Ohio }

Franklin County ss } Personally appeared before me, Lorenzo English the

commissioner named within commission hereto attached J. W. Baldwin who

being duly sworn by me deposes and say as follows: Preside at the

City of Columbus State of Ohio, I was acquainted with Dorothy Gaston

now deceased in her life then I prepared for her at her request her last

will and Testament the same which is attached to the foregoing Commission

I saw the said Dorothy Gaston sign said last Will and Testament

by making her mark and attested her signature at the time as appears

said Instrument. I saw the said subscribing witnesses Alice H. Hays and

Henry C. Kronenbitter sign said Instrument as witnesses they signed

the same at the request of the said Testatrix signed at her request and

in her presence and in the presence of each other the said Henry C. Kronenbitter

is now in the State of Texas where he went some year or more ago for the

benefit of his health. I am well acquainted with the hand writing of the said

Kronenbitter and the signature of the said Kronenbitter to said instrument is in

his genuine handwriting and in addition to same the said Kronenbitter wrote

the same. At the making and execution of said last will and Testament

by the said Dorothy Gaston as aforesaid she was of full age of sound mind

and memory and therein acted freely and without undue influence or undue

any unlawful restraint of any kind. Said last will and Testament so executed

as aforesaid at the City of Columbus Ohio

J. W. Baldwin

Sworn to Before me by the said J. W. Baldwin and

signed by him in my presence this 5th day

of November A.D. 1880

Lorenzo English

Commissioner


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 355)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 355)

Description

[page 355]

[corresponds to labeled page 300 of Will Record Vol. 6 1876 - 1883]

300

Lee Hurlburt Will

Dec 8th 1880.

On this day the last will and Testament was presented and duly proven

and ordered addmittted to Probate and Record.

F. B. Sprague Probate Judge

Copy of the Will

In the name of the Benevolent Father of All I Lee Hurlburt of Orange 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 the farm on which

we now reside situate in said Township of Orange Delaware County Ohio

containing ninety acres of land be the same more or less during her natural

life and all the stock household goods furniture provisions and other goods

and chattels which may be thereon at the time of my decease during her

natural life as aforesaid She however selling so much thereof as may be

sufficient to pay my just debts at the death of my said wife the real estate

aforesaid I give and devise to my sons Ezra, Clark B. and to my Daughters

Dulcena; Lizzie and Rosanna equally.

Item 2nd I further give and devise to my said wife the use during her life

all moneys or credits due or to become due at the time of my decease

appropriate for her benefit any portion which may be necessary for her proper

maintainance and support at the death of my said wife I give and devise

said moneys and credits to my aforesaid sons and Daughters equally

Item 2nd I do hereby nominate and appoint my said wife Elizabeth Hurlburt as executor of

this my last will and Testament should there be no legal Hinderance

thereto and such case I nominate and appoint my Friend John H. Bale as said

Executor. I do also Authorize and Empower my said Executor if it shall

become necessary to pay my debts to sell by private sale or in such manner

upon such terms of credit or otherwise as she or he may think proper all or any

part of Real Estate and deeds to purchase to execute acknowledge and

otherwise fee simple. I desire that no appraisement and no sale of my

Personal Property be made and that the court of Probate Direct the

Ommission of the same and that my executor be not required to give Bond

unless such court deem the same necessary in pursuance of Statutes in

such case made and Provided. I do hereby revoke all former wills by me

made In Testimony hereof I have hereunto set my hand and seal this 8th

day of April in the year 1879.

his

Lee X Hurlburt

mark

Signed and Acknowledged by said Lee ]

Hurlburt as his last will and Testament }

in our presence and signed by us in his }

presence. }

Hiram G. Chambers }

Darwin D. Chambers }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 356)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 356)

Description

[page 356]

[corresponds to labeled page 301 of Will Record Vol. 6 1876 - 1883]

Timothy Andrew's Will. 301

The State of Ohio }

Delaware County } SS Personally appeared in open Court Horatio Chambers

and Caroline C. Chambers the subscribing witnesses to the last Will and

Testament of Lee Hurlburt 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 Lee Hurlburt

now deceased is the will of said deceased Lee Hurlburt 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 Lee Hurlburt deceased sign and seal said will and

heard him acknowledge the same to be his last will and Testament

that the said Lee Hurlburt at the time of making signing and sealing

said will was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint whatsoever

Horatio T. Chambers

Caroline C. Chambers

Sworn to and Subscribed in open Court

this 8th day of December A.D. 1880.

F. B. Sprague Probate Judge

================================================================


Thimothy Andrew's [Timothy Andrews] Will

December 20th 1880

On this day the last will and Testament of Timothy Andrews was presented

and duly proven and ordered admitted to Probate and Record.

F. B. Sprague Probate Judge

Copy of the Will

In the name of God Amen: I Timothy Andrews of Township Delaware

County Ohio being of lawful age and of sound and disposing mind and memory

and not under any restraint do make and publish this to be my last Will

and Testament hereby revoking and annulling all former wills by me made

Item 1st I hereby direct that all my just debts and funeral expenses be first paid

out of my estate

Item I do hereby devise and bequeath unto my beloved wife M Lou Andrews in fee

simple the following real estate to wit: Situate in Liberty Township Delaware
^County Ohio

[off to right side: see will]

and known as the northwest part of Lot No (10) in Township (3) Sec (3) and Range 19

U.S.M. containing about fifty acres of land and being the same premises

conveyed to me by J. H. VanDeman Admt of Hiram Beckly deceased by

and dated April 3rd AD 1875 and recorded in Delaware County records reference

to which is here made for greater certainty. Also one bed and bedding to be

selected by her also all my kitchen furniture one cow and one sewing machine

which said Real Estate and personal property is to be in lieu of all dower

money estate and in lieu of all allowance and of an allowance for her years


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 357)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 357)

Description

[page 357]

[corresponds to labeled page 302 of Will Record Vol. 6 1876 - 1883]

302


Timothy Andrews Estate

support out of my estate. Provided that if my wife shall die before my decease

then devise and bequeath the said real estate above described to be divided

equally among my legal heirs.

Item 3rd I hereby devise and bequeath unto my son Charles W. Andrews and unto

my daughter Flora A. Quarton and unto their heirs in fee simple as tenants in

common share and share alike my homestead farm on which I now reside being Lot

No five (5) and lot no thirty six in section four Township three and range 19 but

the said Charles W. Andrews is to pay my son M S Andrews the sum of fifty

dollars if there is not enough property remaining to my estate after paying my debts

to pay said fifty dollars and my daughter Flora Quanton is to pay my son Cyrus A.
Andrews the

sum of fifty dollars in a reasonable time after my decease. The reason I make this

disposition of my property I have prior to this given my son Cyrus A. Andrews

one hundred and sixty acres of land lying in Pike County Illinois, and I have

also given to my son Wills S Andrews one hundred acres of land lying in Delaware

County Ohio Range 19 township and Section one Lots 14 and 15 and half of

said lots it being what I consider an equal share in my estate. All the rest and

residue of my estate to be equally divided among my legal heirs

Item 4th I do hereby nominate and appoint John D. VanDeman as the Executor of this

my last will and testament. In testimony whereof I have hereunto set my hand

and seal this 19 day of February A.D. 1876

Timothy Andrews {Seal}

Signed sealed and declared by the said Timothy

Andrews as and for his last Will and Testament

We at his request have signed the same as witnesses

in his presence and in the presence of each other

Jos. H. Dunlap

James M. Cherry

Probate of the Will

The State of Ohio } Personally appeared in open Court James M. Cherry

Delaware County } Joseph Dunlap the subscribing witnesses to the last will and

Testament of Timothy Andrews deceased who being duly sworn according to law to speak

the truth the whole truth and nothing but 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 Timothy Andrews now deceased is the will of said deceased

Timothy Andrews that they were present at the execution at the request of the
Testator sub-

scribed their names to the same as witnesses in his presence and that they saw the
said Tim-

othy Andrews dec'd sign and seal said will and heard him acknowledge the same to be

his last will and Testament that the said Timothy Andrews at the time of making

signing and sealing said will was of legal age and of sound and disposing mind &

memory and under no undue or unlawful restraint whatsoever

James M. Cherry Jos. H. Dunlap

Sworn to and Subscribed in open Court this 18th day of Dec. 1880

F. B. Sprague Probate Judge


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 358)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 358)

Description

[page 358]

[corresponds to labeled page 303 of Will Record Vol. 6 1876 - 1883]

303

Harrison Doty's Will.

Feb. 16th A.D. 1881

On this day the last will and testament of Harrison Doty was presented

and duly proven and ordered admitted to Probate and record.

F. B. Sprague Probate Judge

Copy of Will.

I Harrison Doty of Ashley, Delaware County Ohio, do make and

publish this my last Will and Testament.

Item 1st It is my last Will and Testament that all my just debts and all

charges be paid out of my Estate.

Item 2nd I give and devise to my wife Mary Eliza Doty in lieu of her dowery

two thirds of my Estate both personal and real

Item 3rd I devise and bequeath to my son John Doty the interest annually on

one third of my Estate until he arrive at the age of Twenty Six

years, at which time he shall receive the principal, but if he dies

leaving no heirs, then his said estate shall go back to my wife Mary

Eliza Doty but if she dies before my said son John dies, leaving any

portion of my unexpended real Estate, then it shall go to my said son

John Doty.

Item 4th I appoint and make my said wife Mary Eliza Doty Executrix of this

my last will and Testament, hereby authorizing and empowering her to

compromise, adjust, release and discharge in such manner as she may

deem proper, the debts and claims due me. I do also authorize and empower

her if it shall become necessary in order to pay my debts to sell by private

sale or in such manner upon such terms of credit or otherwise, as she may

think proper, all or any part of my real estate and deeds to purchasers, to

execute acknowledge and deliver in fee simple. I desire that no appraise-

ment and no sale of my personal property be made and that the Court of

Probate direct the omission of the same in pursuance of the statute,

I do hereby revoke all former wills by me made. In testimony hereof

I have hereunto set my hand and seal, this 1st day of February A.D. 1881

Signed and acknowledge by said Harrison Doty as his last will and test-

ament in our presence: Harrison Doty {Seal}

and signed by us in his presence,

J. M. Coomer

J. Richards

Probate of Will.

The state of Ohio, Delaware, County ss. Probate Court

Personally appeared in open Court J. M. Coomer and J. Richards the subscrib-

ing witnesses to the last Will and Testament of Harrison Doty, 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,


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 359)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 359)

Description

[page 359]

[corresponds to labeled page 304 of Will Record Vol. 6 1876 - 1883]

304

Mary A. Worline's Will


that the paper before them purporting to be the last Will and Testament of

said Harrison Doty now deceased. is the Will of said deceased Harrison

Doty, 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 pres-

ence and that they saw the said Harrison Doty deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will and Testament, that

the said Harrison Doty at the time of making, signing and sealing said Will

was of legal age and of sound and disposing mind and memory, and under no undue

or unlawful restraint whatsoever.

J. M. Coomer.

J. Richards.

Sworn to and subscribed in open Court this 16 day of ^Feb, 1881 F. B. Sprague

Probatet Judge

=============================================================================


Mary A. Worline's Will

March 1st A.D. 1881.

On this day the last Will and Testament of Mary A. Worline presented

and duly proven and ordered admitted to Probate and Record.

F. B. Sprague

Copy of the Will.

In the name of the Benevolent Father of all, I, Mary A. Worline of the

City of Delaware in Delaware County Ohio being of sound mind and

memory do make and publish this my last Will and Testament:

Item 1st I give and bequeath to my daughter Mrs. Rebecca Daugler, Three hundred

and fifty Dollars

Item 2nd I give and bequeath to my two sons Albert Worline and David Worline

each Three hundred dollars:

Item 3rd I give and bequeath to Albert Weiser, Hetty Howold and Hetty Bauereis

three children of my deceased daughter, Hetty A. Weiser - Each one hun-

dred dollars.

Item 4th Should there be any surplus of lands after the payment of the afore said

bequests, and the cost of Probate & Co. then in that event I bequeath said

surplus to my son Albert Worline and should the funds be insufficient

for the foregoing bequest, then a probate division to be made.

Item 5th I do hereby give and bequeath to my daughter Rebecca Deugler one bed and

bedding. Also to my son David Worline one bed and bedding. And that

the remaining of household furnature be disposed of among the heirs on

the premises. My wearing apparel to be disposed of in like manner

among the heirs and the girls I raised

Item 6th I nominate and appoint Charles Neil Executor of this my last Will & Testa-

ment, In testimony whereof I have here on to set my hand and seal this 13th

day of December in the year of Our Lord, one thousand eighty hundred

and seventy nine. Mary A. Worline. {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 360)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 360)

Description

[page 360]

[corresponds to labeled page 305 of Will Record Vol. 6 1876 - 1883]

305

Mary A. Worline Will.

Signed and acknowledge by said Mary A. Worline as her last Will

and Testament in our presence and signed by us in her presence

E. W. Neil

Charles Neil.

Probate of Will.

The state of Ohio, Delaware County. ss.

Personally appeared in open Court Charles Neil and Elizabeth Neil, the

subscribing witnesses to the last Will and Testament of Mary A. Worline

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 Mary A. Worline, now deceased, is the

Will of said deceased, Mary A. Worline, that they were present at

the execution of said Will, at the request of the Testatrix, subscribed

their names to the same as witnesses, in her presence and that

they saw the said Mary A. Worline, deceased, sign and seal said Will

and heard her acknowledge the same to be her last Will and Testament

that the said will was of legal age and of sound and disposing mind

and under no undue or unlawful whatsoever

J. C. Neil

E. W. Neil

Sworn to and subscribed in open Court this 1st day of March A. D. 1881

F. B. Sprague, Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 361)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 361)

Description

[page 361]

[corresponds to labeled page 306 of Will Record Vol. 6 1876 - 1883]

306

Samuel Starn's Will

March 28th 1881

On this day the last will and testament of Samuel Stern presented and

duly proven and ordered admitted to Probate and Record.

F. B. Sprague.

Copy of the Will

Philadelphia March 3rd 1881

I, Samuel Stern of the City of Philadelphia make this my last Will

and testament.

Item 1st I give all my household furniture and effects to my wife, absolutely

" 2nd Second I give devise and bequeath all the rest residue and remainder

of my estate of every kind and wherever situate to my wife, dur-

ing her natural life and after her death to my children share and

share alike, but as my Son Raphael has already received Five

hundred dollars ($500) and my daughter Hannah Reinheimer

One thousand Dollars, from me I direct that these sums

shall be charged to and deducted from their shares respectively at

the final division of the Estate.

Item 3rd I give my executors full power and authority to carry on my

present business at Marysville Ohio and to manage dispose of or

sell any or all my property as fully as I could if living provided

only that the amounts realized from a sale of any part of the prin-

cipal of my estate shall be reinvested and remain invested during

my wife's life

Item 4th I instruct my Executors that since January 1st 1880 my Son Daniel

has been employed by me at an annual Salary of Twelve hun-

dred Dollars ($1200) and that on a settlement had January 18, 1881,

I was indebted to him an account of salary during the year

Eighteen hundred and Eighty (1880) Seven Hundred & seventy two

Dollars and eight cents ($772.08/100)

Item 5th I appoint as the Executors of this Will my Son Raphael and my

brother in law Joseph Fisher of Urbana Ohio.

Witness my hand and seal this third day of March, 1881.

Samuel Stern {Seal}

Signed Sealed published and declared as and for his last Will

and Testament by Samuel Stern the Testator aforesaid in our pres-

ence and each others who at his request and in his presence have

affixed our names as Witnesses thereto.

Leo Loeb

Mayer Lutzberger

M. Goldsmith


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 362)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 362)

Description

[page 362]

[corresponds to labeled page 307 of Will Record Vol. 6 1876 - 1883]

307

Samuel Stern's Will

City and County of Philadelphia, ss.

Register's office, March 28, 1881.

Then personally appeared Leo Loeb, Mayor Lutzberger and

M. Goldsmith, the subscribing witnesses of the foregoing

last Will of Samuel Stern deceased, and on their solemn

Oaths did say that they were present and did see and hear

Samuel Stern deceased, the Testator therein named, sign, seal,

publish and declare the same as and for his last Will and

Testament and that at the doing thereof he was of sound

disposing mind memory and understanding, to the best of

their knowledge and belief.

Sworn and subscribed } Leo Loeb.

before me the date above. } Mayer Lutzberger.}

Wm. G. Shields. } M. Goldsmith.

Dep. register }

Commonwealth of Pennsylvania } ss.

City and County of Philadelphia }

Register's Office March 28th 1881

I, W. Marshall Taylor, Register of Wills and ex officio Clerk of

the Orphan's Court for the City of Philadelphia, in the Common-

wealth of Pennsylvania, do hereby certify the foregoing to be a true

and accurate copy of the last Will and Testament of Samuel Stern

deceased, admitted to probate March, 28, 1881.

As the same remains on file and of record in this office.

In testimony whereof, I have hereunto

set my hand and official seal at

Philadelphia the date above.

Marshall Taylor.

Register of Will and ex-office Clerk of Orphan's

Court

State of Pennsylvania }

Philadelphia County } SS.

I, William B. Hanna, President Judge of the Orphan's Court of

Philadelphia County, Do Certify, that the foregoing Certificate and

Attestation made by W. Marshall Taylor, Esquire, Register of Wills

and ex-officio Clerk of said Orphan's Court, whose name is thereto

subscribed and seal of said Court affixed, are in due form and made

by the proper officer.

In Testamony Whereof, I have hereunto set my hand this 28 day

of March in the year of our Lord one thousand and eight hundred and

eighty one. Wm. B. Hanna
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 363)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 363)

Description

[page 363]

[corresponds to labeled page 308 of Will Record Vol. 6 1876 - 1883]

308

John Wallace's Will

State of Pennsylvania }

Philadelphia County } SS.

I, W. Marshall Taylor, Esquire, Register of Wills and ex-officio

Clerk of the Orphan's Court of Philadelphia County, Do Certify

that the Honorable William B. Hanna, by whom the foregoing

Attestation was made and still is President Judge of the Orphan's

Court of Philadelphia County, duly commissioned and sworn; to all

whose acts, as such full faith and credit are and ought to be given

(as such, full) as well in Court of Judicature as elsewhere.

In Testimony Whereof, I have here unto set my hand and affixed

the seal of the said Court this 29. day of March in the year of our

Lord one thousand eight hundred and eighty one.

Marshall Taylor.

Register of Wills and ex-officio Clerk

of Orphan's Court


John Wallace's Will. March 9th 1881.

On this day the last will and testament of John Wallace presented

and duly proven and ordered admitted to Probate and Record

F. B. Sprague.

Copy of the Will.

In the name of the Benevolent Father of all, I John Wallace of

the county of Delaware, Ohio, Being weak in body, But of sound

mind and memory do make and publish this my last will and

testament in manner and form following.

Item 1st I give and bequeath to my daughter Nancy Keefer and my young-

est daughter Eliza Wallace all the household and kitchen furni-

ture, including all the Beding and that may be on hand at my

decease.

Item 2nd I give and devise to my said daughters, above named and my youngest

son George Wallace the homestead farm on which I now reside,

being in section seventeen U.S.M. lands containing about one hun-

dred and forty nine acres more or less, also the farm I purchased

from the heirs of Peter Butcher lying and ajoining on the North of the

above described tract of land, the same containing about one hundred

and twenty acres of land, more or less also one other lot of land lying

in Morlborow Township containing about fifty acres of land being

the lot of land I purchased from Nanal A. Black Morve and Reese all the foregoing to be

had by them with all the improvement there.

Item 3rd I give and devise to my son William Wallace the farm known as the

Brown farm, being purchased from the heirs of Robert Brown deceased
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 364)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 364)

Description

[page 364]

[corresponds to labeled page 309 of Will Record Vol. 6 1876 - 1883]

309

John Wallace's Will.

the same containing about one hundred and fifty nine acres, more or

less, by him, paying the other heirs seventy eight hundred

dollars the same to be paid in three equal payments, in one

and two and three years, with interest for six months after

my decease, less what may be due him on final settlement of

my estate.

Item 4th I give and devise to my son Robert Wallace the farm on

which he now resides, known as the Worline farm lying and

being in Morlborow Township containing about one hundred

and seventy three acres more or less, by him paying to the

other heirs three thousand dollars less two thousand dollars

all ready paid by him.

Item 5th I give and devise to my son Richard Wallace five thousand

dollars in money as soon as collected less two thousand four

hundred dollars which he has already received for which I hold

his notes all said notes to be given up after my decease.

Item 6th I also give and devise to my son John Wallace five thousand

dollars less two thousand seven hundred which he has already

received for which I hold his notes, and notes to be given up after my

decease.

Item 7th I give and devise to my son James Wallace five thousand dollars less

two thousand dollars which he has already received for which I hold

his notes, and notes to be given up after my decease.

Item 8th I give and devise to my daughter Margaret Downing wife of Oliver

Downing five thousand dollars to be paid as fast as collected

Item 9th I give and devise to my daughter Mary Dix, wife of Peres Dix

five thousand dollars to be payed equally as fast as collect.

Item 10th It is my will the farm known as the Pathen farm containing

about two hundred acres be sold within six months after my decease

by my executor and he expresely autherised to sell and convey the same

for I countered are without any authority from Court.

Item 11th I direct that my personal property all be sold and all my debts and

expenses paid out of the same and my daughter Nancy Keefer and

my daughter Eliza Wallace and my son George Wallace shall each

receive Six hundred dollars from said estate to make them equal with

the other heirs.

I further direct that after paying the foregoing sums, the balance of

my estate be divided equally between all my ten heretofore named children

Item 12th I hereby constitute and appoint my son Richard Wallace to carry out

the foregoing, as directed heretofore. Done this fourteenth day of February

one thousand eight hundred and eighty one

Signed and acknowledged by said Testator, in our presence and signed

by us in his presence and at his request } John Wallace {Seal}

John Cunningham and J. H. Wise }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 365)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 365)

Description

[page 365]

[corresponds to labeled page 310 of Will Record Vol. 6 1876 - 1883]

310

John Wallace's Will.

In the matter of the last will and testament of John Wallace, Deceased.

In Probate Court Tuesday March 9th

1881 V. H. Gorsline M.D. being duly sworn testified as follows

Name V. H. Gorsline Residence. Radnor, Ohio.

Question Was you acquainted with John Wallace in his life time

A. I was.

Q. Did you attend him during his last sickness if so how long a time

before his death.

A. I attended him professionally: and for nine days before his death

Q. Was you acquainted with him before his sickness, if so how intimately

A. I Knew him for 8 years before his sickness, saw him off and on,

had frequent conversation with him before sickness.

Q. Was you present at Wallace house on the day the will was drawn

A. Yes sir, twice, I was there before and after the will was drawn,

the same day

Q. What was the state of Wallace's mind during the day the will was

drawn.

A. He was rational all day on Monday and competent to transact business

Q. What time of day was you at Wallace's house first, on the 14th day of

February, 1881, also the second time.

A. About 8 o'clock in the morning and left about 10, was back again

in the evening from half past 4 until half past 10. Walice died four

days afterwards.

Q. At both of your visits did you find Wallice rational.

A. Yes Sir.

Q. Did you consider that during the entire day of Feb 14th 1881, he was in

a state of mind enabling him to transact ordinary business, and

competent to make a will.

A. Yes, sir, he was entirely competent

V. H. Gorsline, M. D.

James Feaster, sworn.

Q. What is your name, occupation, and residence.

A. James Feater, Farmer, Troy Township.

Q. Was you acquainted with John Wallice in his life time.

A. I was for thirty years or more.

Q. Was you at his house on the 14 day of February, 1881, if so at what

time.

A. I was there, and about 11 o'clock, A.M. some of Wm Wallice's people

were there with John Cunningham and J. H. Wise.

Q. did you have conversation with John Wallice during the time you was

there
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 366)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 366)

Description

[page 366]

[corresponds to labeled page 311 of Will Record Vol. 6 1876 - 1883]

311

John Wallace's Will.

A. I did, both before dinner and after dinner

Q. What was his condition as to his mind at the time you had

conversation with him

A. To the last of my belief he was perfectly sensible being able to get

up and out of bed and attend to his private affairs, and I saw

nothing in his actions or conversation during the time I was

there to cause me to think his mind was unsteady or wavering.

Q. Was your conversation with him before or after he signed the will

A. Before, Mr. Cunningham was there at the time and was pre-

paring to take the signature of John Wallace to the will.

Q. In your opinion and with your intimate knowledge of John

Wallace before his sickness is it your opinion that on the said 14

day of Feb. 1881 at the time you conversed with him he was com-

petent to make his last will and testament.

A. I think he was.

James Feaster.

Probate of Will

The state of Ohio, }

Delaware County } SS. Probate Court

Personally appeared in open Court John Cunningham, One of

the subscribing witness to the last Will and Testament of John Wallace

deceased, who being duly sworn according to law to speak the truth,

the whole truth, and nothing but the truth, in relation to the execu-

tion of said Will, depose and say, that the paper before him purporting

to be the last Will and Testament of John Wallace, now deceased, is the

Will of said deceased, John Wallace.

That W. H. Wise was the other subscribing witness to said will.

The said W. H. Wise stated that he could not testify that said John Wallace

was of sound mind at the time of the execution of said will, 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 scribed their names to the same as witnesses

in his presence, and that they saw the said John Wallace deceased, sign

and seal said Will and heard him acknowledge the same to be his last

Will and Testament; that the said John Wallace at the time of making,

signing and sealing said Will, was of legal age and of sound and

disposing mind and memory and under no undue or unlawful

restraint whatsoever.

John Cunningham.

Sworn to and subscribed in open Court this 9th day of March, A.D. 1881.

F. B. Sprague, Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 367)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 367)

Description

[page 367]

[corresponds to labeled page 312 of Will Record Vol. 6 1876 - 1883]

312

Silas R. Seelye's Will.

April 7th 1881.

On this day the last will and testament of Silas R. Seelye's presented

and duly proven and ordered admitted to Probate and Record.

F. B. Sprague.

Copy of the Will.

In the name of God. Amen.

I Silas R. Seelye of the town of Galena, County of Delaware and state

of Ohio, being of sound mind and memory and considering the un-

certainty of this frail and transitory life do therefore make or claim

published and declair this to be my last will and testament.

That is to say

Item 1st After all my lawful debts be paid and discharged the residue of my

estate real and personal I give bequeath and dispose of as follows.

To Wit.

I give and bequeath to my Grand daughter Jessie Southard one thous-

and dollars, which is to be her entire portion of my estate both real and

personal.

The residue of my estate both real and personal after deducting the one

thousand dollars bequeathed to Jessie Southard I give and bequeath

to my present wife Jucrecin to be hers forever.

I do apoint Mr. F. J. van Oswald as my executor and desire that no

bond be required of him and that no inventory or sell be made.

In witness where of I here unto subscribed my name.

This 1st day of April in the year of our lord one thousand eight hun-

dred and eighty one.

Silas R. Seelye.

The above written instrument was subscribed by the said Silas R. Seelye

in our presence and acknowledged to each of us and he at the same

time published and declared the above instrument so subscribed to be his

last will and testament and we at the testators request and in his signed

our names as witnesses here to and written opposite our names our

respective place of residence

J. M. Brake. Galena, Ohio

E. R. Milk. Galena, Ohio

Probate of Will

The state of Ohio }

Delaware County } Ss. Probate Court

Personally appeared in open Court J. M. Brake and E. R. Milk.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 368)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 368)

Description

[page 368]

[corresponds to labeled page 313 of Will Record Vol. 6 1876 - 1883]

313

Silas R. Seelye's Will

the subscribeding witnesses to the last Will and Testament of Silas

R. Seelye 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 Silas R. Seelye now

deceased, is the Will of said deceased, Silas R. Seelye, that they were

present at the execution of said Will, at the request of the Testator, subscrib-

ed their names to the same as witnesses, in his presence and that

they saw the said Silas R. Seelye deceased, sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testa-

ment; that the said Silas R. Seelye at the time of making, signing

and sealing said Will, was of legal age and of sound and dispos-

ing mind and memory and under no undue or unlawful

restraint whatsoever.

J. M. Brake.

E. R. Milk.

Sworn to and subscribed in open Court this 7th day of April A.D.

1881. F. B. Sprague, Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 369)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 369)

Description

[page 369]

[corresponds to labeled page 314 of Will Record Vol. 6 1876 - 1883]

314

Hannah Perfect's Will

April 5th 1881.

On this day the last Will and Testament of Hannah Perfect was presented and

duly proven and ordered admitted to the Probate and Recorded.

F. B. Sprague.

Copy of the Will.

The last Will and Testament of Hannah Perfect of Galena Delaware County

State of Ohio.

In the name of God. Amen:

I, Hannah Perfect of Galena, Ohio, hereby make and publish this my last

will and testament in manner as follows.

First. I direct my Executor to pay out of my personal property my funeral expenses

and pay whoever takes care of me in my last sickness, Doctor bills and

all my debts.

Second. I give to my children the household furniture etc herein named.

To my daughter Sarah D. Ferguson, I give the furniture she has now in

5

bureau, bible, cubboard, table that was Grandfather's one set silver knives

and forks, butter knife and copper kettle.

To my son George W. Cleveland I bequeath or give first as his setting out

my spare bed and bedstead and all that belongs to it including shams and I

give to him setting Room Stove (a maranth) marble top table, cane seatted

chairs also rocking chairs, Grandfather's stove, one sett large silver spoons and

extension table.

And my Grand Son Charles Judd Peet I give of household goods my trunk

lounge with fixture, clock, Grandfather rocking chair, Buffalo robe, old bible,

carve knife and fork one sett small spoons kitchen table.

And to my bro. John Armstrong I give for his kindness to me and for keepsake

one silver table spoon and one tea spoon being the same that received of my

mother. The balance of my household goods when I have done with them I want

my children to divide among themselves when I am gone

Third I bequeath and devise unto my children Sarah D. Ferguson, George W. Cleveland

and my Grand son Charles Judd Peet the residue of both my personal and

real estate to be divided equally between them.

Lastly. I appoint my son George W. Cleveland my executor.

In witness where of I have here unto set my hand and seal this twenty first.

21 day of September of 1880 in do declare to be my last will and testament in

presence of the persons whose names are subscribed as attesting witness.

Mrs. Hannah Perfect {Seal}

On this above date September 21. 1880 }

the above named Hannah Perfect in }

our presence, signed foregoing }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 370)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 370)

Description

[page 370]

[corresponds to labeled page 315 of Will Record Vol. 6 1876 - 1883]

315

Hannah Perfect's Will.

instrument and published, declared }

to us that the same was her last Will and }

Testament and requested us to subscribed our } Adell Pierce, Residing in Galena O.

names here unto as witnesses and we } Harry Slack " " "

in her presence and the presence of each other} John Armstrong, Vans Valley "

in compliance with such request have }

here unto subscribed our names }


Probate of Will.

The state of Ohio }

Delaware County SS } Probate Court

Personally appeared in open Court John Armstrong

one of the subscribing witnesses to the last Will and Testament of Hannah

Perfect 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 etc

of said Will, depose and say, that the paper before him purporting to be

last Will and Testament of Hannah Perfect now deceased, is the Will of

said deceased, Hannah Perfect. That Adell Pierce and Harry Slack was the

other witness.

And on the 9th day of April said Adell Pierce also appeared in open court

and was duly sworn and examined and she thereupon testified as follows

that they were present at the execution of said Will at the request of the Testa=

trix, subscribed their names as witnesses, in her presence and that they

saw the said Hannah Perfect at the time of making, signing and sealing

said Will, was of legal age and of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever

John Armstrong

Adell Pierce

Sworn to and subscribed in open Court this 5th day of April A.D. 1881

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 371)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 371)

Description

[page 371]

[corresponds to labeled page 316 of Will Record Vol. 6 1876 - 1883]

316


Destamona Colflesh's Will.

On this day the last Will and Testament of Destamona Colflesh was pre-

sented and duly proven and ordered admitted to the Probate and Record.

May 14th 1881

F. B. Sprague, P.J.

Copy of Will.

In the name of the Benevolent Father of All -

I Destamona Colflesh of Delaware County in the

State of Ohio, do make and publish this my last will and testament; here

by revoking all former wills by me made

Item 1st It is my will that all my just debts and funeral expenses be first

paid out of my estate and that a suitable tombstone be placed by my

executor at the head of my grave, the same to be paid for out of my es-

tate.

Item 2nd It is my will that all my real estate of which I may be seized and of which

I may be the owner at my death be sold by my executor hereafter named

and converted into money. And I hereby authorize direct and empower

my said executor to sell said real estate for cash or on terms of one third

down and the residue of purchase money in one and two years from the day

of sale thereof, as he shall deem best, and to sell the same at Private sale

and to execute to the purchaser deed there for and to receive note and mort-

gage for unpaid purchase money if the same shall be sold on terms as afore

said without any orders or providing for that purpose in the Probate Court

or any other court.

And it is my will that my said executor dispose of the money, proceeds

of such sale, as personal property as here after directed.

Item 3rd I will and direct that my said executor shall sell, after my decease, at

public or private sale as he shall deem best for the interest of my estate,

a five hundred ($500_ dollars Government bond which I own (it being

the only such bond that I own) and convert the same into money.

Item 4th Out of the personal property which I may have at my death, includ-

ing the proceeds of said bond and of the sale of my real estate as afore-

said, it is my will that said Executor pay the following legacies.

Item 5th I will and bequeath to each of my two sisters Matilda Ellsbree and Minerva

Sutton the sum of ten (10) dollars.

Item 6th I will and bequeath to my nephew Thomas Norton five (5) dollars.

Item 7th I will and bequeath to my Augustus Ellsbree, George Ellsbree and Cicero

Ellsbree sons of my sister Matilda Ellsbree, the sum of one hundred dollars

each. And to Mary Antonetta Ellsbree widow of my nephew Gustavus

Ellsbree deceased, the sum of one hundred dollars.

Item 8th I will and bequeath to the children of my sister Minerva Sutton namely

to Sarah Beeker, Joab Faulkner, Joshua Faulkner, Norton Faulkner

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 372)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 372)

Description

[page 372]

[corresponds to labeled page 317 of Will Record Vol. 6 1876 - 1883]

317

Destamona Colflesh's Will.

William Faulkner, John Faulkner and Wilber Faulkner each the

sum of one hundred dollars

Item 9th All the rest and residue of my property I give and bequeath, after

paying debts and expenses of administering my estate and paying the

expenses of my last sickness and funeral expenses and for a tomb

stone as aforesaid: and after paying the specified legacies a foresaid:

to be divided equally between said Augustus Ellsbree, George Ellsbree,

Cicero Ellsbree and said Mary Antonetta Ellsbree sons and daughters

in law of my sister Matilda Ellsbree said sums to be paid by my

executor

Item 10th I hereby nominate and appoint my nephew Augustus C. Ellsbree

to be the executor of this my last will and testament.

In testimony whereof I have hereunto set my hand and seal this

fourth day of November in the year of our Lord one thousand and

eight hundred and seventy eight.

Destamona Colflesh {Seal}

The foregoing last will and testament signed and sealed by the

said Destamona Colflesh, and by her published and declared to be

her last will and testament in our presence and by us witnessed

and hereto signed in her presence and at her request and in the

presence of each other this 9th day of November A.D. 1878.

H. M. Carper

Jas. M. Crawford

Probate of Will.

The State of Ohio

Delaware County SS. Probate Court

Personally appeared in open Court H. M. Carper and James M. Crawford

the subscribing witnesses to the last Will and Testament of Destamona

Colflesh 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

purposed to be the last Will and Testament of Destamona Colflesh

now deceased is the Will of said deceased Destamona Colflesh, that

we were present at the execution of said Will at the request of the Testatrix

subscribed their names to the same as witnesses in her presence and that

they saw the said Destamona Colflesh deceased sign and seal said Will,

and heard her acknowledge the same to be her last Will and Testament

that the said Destamona Colflesh at the time of making, signing and

sealing said Will, was of legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint whatsoever


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 373)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 373)

Description

[page 373]

[corresponds to labeled page 318 of Will Record Vol. 6 1876 - 1883]

318

Destamona Colflesh's Will


H. M. Carper.

Jas. M. Crawford

Sworn to and subscribed in open Court this 14 day of May A.D. 1881.

F. B. Sprague, P. Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 374)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 374)

Description

[page 374]

[corresponds to labeled page 319 of Will Record Vol. 6 1876 - 1883]

319

Patrick Flahaven's Will

On this day the last Will and Testament of Patrick Flahaven was present-

ed and duly proven and ordered admitted to Probate and Record.

June 2nd

F. B. Sprague

Probate Judge

Copy of the Will.

In the name of the Benevolent Father of all: I, Patrick Flahaven

of Delaware Ohio do make and publish this my last Will and Testament:

Item 1st I give and devise to my beloved wife Johanna Flahaven during

her natural life or as long as she shall remain my widow all my pro-

perty both real and personal.

Item 2nd At the death of my said wife or if she shall again marry, all my

property both real and personal I give and devise to my son

Michael Flahaven to him and his heirs forever.

Item 3rd I appoint and make Thomas O'Conner Executor of this my last

Will and Testament.

I desire no appraisement and sale of my personal property be

made and that the Probate Court omit the same in pursuance of

the statute.

In testimony hereof I have hereunto set my hand and seal this 2nd

day of January A.D. 1869.

his

Patrick X Flahaven {Seal}

mark

Signed and acknowledged by said Patrick Flahaven as his last

Will and testament in our presence and signed by us in his presence

F. E. Powell.

Owen McManns

Probate of Will.

The State of Ohio }

Delaware County SS } Probate Court


Personally appeared in open Court Thos. E. Powell

one of the subscribed witnesses to the last Will and Testament of

Patrick Flahaven 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 him

purporting to be the last Will and Testament of Patrick Flahaven

now deceased is the Will of said deceased. That Owen McManns now

dead was the other witness to said will that I was present and saw

him sign his name to said will as witness and recognize his signa-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 375)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 375)

Description

[page 375]

[corresponds to labeled page 320 of Will Record Vol. 6 1876 - 1883]

320

Patrick Flahaven's Will.

ture being well acquainted with the same, that they were present at

time and execution of said Will at the request of the Testator, sub-

scribed their names to the same as witnesses, in his presence and

that they saw the said Patrick Flahaven deceased, sign and seal said

Will and heard him acknowledge the same to be his last Will and

Testament that the said Patrick Flahaven at the time of making,

signing and sealing said Will, was of legal age and of sound and dis-

posing mind and memory, and under no undue or unlawful re-

straint whatsoever

Thomas E. Powell.

Sworn to and subscribed in open Court this 2nd day of June A.D.

1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 376)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 376)

Description

[page 376]

[corresponds to labeled page 321 of Will Record Vol. 6 1876 - 1883]

321

Thos. H. Marriott's Will.

June 1st 1881.

On this day the last Will and Testament of Thos. H. Marriott was

presented and duly proven and ordered admitted to Probate Court and

Record

F. B. Sprague

Probate Judge

Copy of the Will.

Last Will and Testament of Thomas H. Marriott of Harlem

Township, Delaware County, Ohio.

I Thomas H. Marriott of Harlem,

being in possession of all my faculties and of sound mind and

memory do on this twentieth (20) day of November, In the year of

our Lord one thousand eight hundred and eighty (1880) make and

publish this my last will and testament, that is to say

Item 1st I desire that all my just debts be paid.

" 2nd I give devise and bequeath unto my beloved wife and companion,

from my youth Druzilla Marriott all my estate, both real and

personal and of whatsoever kind the same may be and consist at

the time of my discease to have, use, occupy, and controll during

her natural life. It is my desire that she my said beloved wife in

case of my disease, manage my estate to the best of her ability and

skill and as far as she can to pay off and discharge what there

may be left unpaid at my discease, of my indebtedness to Johny

Cutter or his guardian, and my indebtedness to my friend

John Cook. I trust however that I may live to pay off and fully

discharge all said indebtedness myself.

Item 3rd I give devise and bequeath to my affectionate daughter Allie Marriott

after the decease of my said wife to be her absolutely in addition to

the bequest to her hereinafter made, the sum of One Hundred Dollars

It is also my will and wish that she my affectionate daughter Allie

have to be hers absolutely the organ which stands in her front room of

my house and which was purchased for her.

" 4th It is my will and wish that after the death of my beloved wife the said

Druzilla Marriott and after the payment of all my just debts and

the payment of the said One Hundred Dollars to my said daughter Allie

as hereinbefore mentioned and provided, that my estate both real

and personal and of whatsoever kind the same may then consist

including certain advancements made by me to my sons Cary M.

Madison H. Boon Hill and Elmer W. Marriott and to my daughter

Mary A. Crow Mary Williams of which I have kept a correct ac-

count and which will be found amongst my papers, recorded in a
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 377)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 377)

Description

[page 377]

[corresponds to labeled page 322 of Will Record Vol. 6 1876 - 1883]

322

Thos. H. Marriott's Will.

book by me kept now in my desk. be equally divided between my

affectionate children. Cary M. Madison H. Greenberg J. Frances

Marion. Boen Hill. Elmer W. Randolph R. and Allie Marriott. and my

daughter Mary A. Williams being in all nine parts and to each of

my said children one equal one, Ninth part.

That is I wish each of my said children to whom I have made ad-

ments as aforesaid to said Cary M. Mary A. (now Mary A.

Williams) Madison H. Boen Hill and Edwin W. Marriott to receive

such a sum which when added to the amounts I have advanced them

(which amounts will be found in my book with my papers as afore-

said.) will make their shares respectfully equal to the shares of my other

said children. to whom I have made no advancements, so that they

will all receive share and share alike, to be theirs and their heirs for

ever. with the exception of the shares which shall, as above found due my

son Madison H. It is my will and wish that the amount which

shall be found to be his share at the time of the settling of my estate,

be divided into Two equal parts and one part thereof I give devise

and bequath to my said son Madison H. Marriott absolutely and

the other part thereof. I give devise and bequeath to Harry Homewood

Marriott only child and son of him the said Madison H. and Hall his

wife, to be held managed and controlled in trust for the use of heirs

until he becomes Twenty one years of age. when the same shall be paid

over to him if he survives so long, but in case of the death of the said

Harry before he comes of the age of Twenty one, then whatever of said

sum there may be left and not consumed in the care, nurture, education

and support of this the said Harry, shall go to my said son Madison H.

Marriott to be his absolutely.

I hereby nominate and appoint my affectionate sons G. J. Marriott and

Francis Marriott Executors of this my last will and testament and I

hereby empower them my said executors with the consent and advise of

my beloved wife the said Druzilla Marriott, in case they all deem it to

be best interest to my estate, and it is necessary for the purpose of paying

off my debtedness, herein before mentioned to sell either at public or

private sale such of my estate as they may think best and deeds therefor

to make execute and deliver and do whatever is necessary to any

title, but I desire that my estate be kept together so far as possible

until the decease of my said beloved wife.

In witness whereof I hereunto set my hand and seal at home in Har-

lem this 20th day of November In the year of Our Lord One Thousand

eight hundred and eighty.

Thomas H. Marriott.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 378)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 378)

Description

[page 378]

[corresponds to labeled page 323 of Will Record Vol. 6 1876 - 1883]

323

Thos. H. Marriott's Will.

Signed in our presence by the said Thomas H. Marriott on this

20th day of November A.D. 1880 and by us in his presence and

at his request and in the presence of each other.

Alonzo Johnson

M. L. Sarwanthy Montgomery

Probate of Will.

The State of Ohio }

Delaware Co. SS } Probate Court.

Personally appeared in open Court Alonzo Johnson

and Mrs. Samantha Montgomery the subscribing witnesses to

the last Will and Testament of Thos. H. Marriott deceased, who

been duly sworn according to law to speak the truth, the whole truth,

in relation of said Will, depose and say that the paper before them

purporting to be the last Will and Testament of Thomas H. Marriott

now deceased is the Will of said deceased Thomas H. Marriott, that they

were present at the execution of said Will at the request of the Testa-

tor subscribed their names to the same as witnesses in his presence

and that they saw the said Thomas H. Marriott deceased sign and

seal said Will and heard Thos. H. Marriott acknowledge the same to be

his last Will and Testament: that the said Thos. H. Marriott at the

time of making, signing and sealing said Will, was of legal age and of

sound and disposing mind and memory and under no undue or

unlawful restraint whatsoever.

Alonzo Johnson.

M. S. Montgomery.

Sworn to and subscribed in open Court this 1st day of

June A.D. 1881

F. B. Sprague, Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 379)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 379)

Description

[page 379]

[corresponds to labeled page 324 of Will Record Vol. 6 1876 - 1883]

324

John Ufford's Will.

On this day the last Will and Testament of John Ufford was presented

and duly proven and ordered admitted to Probate and Record.

June 24th 1881.

F. B. Sprague

Probate Judge

Copy of Will.

In the name of Benevolent Father of all. I John Ufford of Delaware

Delaware County state of Ohio being of full age and sound mind and memory

do make, publish and declare this to be my last will and testament hereby re-

voking all last will and testaments and writings in the nature of last will and

testament by me heretofore made. My will is,

First: That all my just debts shall be paid.

The rest and residue of my property and estate which shall not be

required for the payment of my just debts and expenses of the executors of

this my last will and testament, I give, devise and bequeath to my

beloved wife Elisabeth Ufford during her natural life and upon her

death to my daughters Catharine Elisabeth Ufford and Ethel Lee Uf-

ford and in case either one of my said daughters should not be living

at my decease then it is my will that my estate and property should go to

the survivor of them and her heirs and to the heirs of such daughter

as may be deceased, one half going to such daughter as may survive

and one half to the heirs of such daughter as may be deceased.

I do nominate and appoint my beloved wife Elisabeth Ufford to

be my sole executor of this my last will and testament and request that no

bonds may be required.

In testimony whereof I the said John Ufford

have hereto subscribed my name and affixed my seal this Twenty first

day of May A.D. 1880.

John Ufford {Seal}

Signed, sealed and declared by the said }

John Ufford to be his last will and testament }

in presence of us who at his request and in }

his presence have subscribed our names }

as witnesses hereto. }

R. Wichell.

C. N. McElroy -

Probate of Will.

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court C. N. McElroy
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 380)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 380)

Description

[page 380]

[corresponds to labeled page 325 of Will Record Vol. 6 1876 - 1883]

325

John Ufford's Will.

and R. Michell the subscribing witnesses to the last Will and Tes-

tament of John Ufford deceased, who been 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 John Ufford, now deceased is the Will of said deceased John

Ufford, 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 John

Ufford deceased sign and seal said Will and heard him ac-

knowledge the same to be his last Will and Testament: that the

said John Ufford at the time of making, signing and sealing said

Will, was of legal age and of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever.

R. Micheal

C. N. McElroy

Sworn to and subscribed in open Court this 24 day of June A.D. 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 381)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 381)

Description

[page 381]

[corresponds to labeled page 326 of Will Record Vol. 6 1876 - 1883]

326

June 29th 1881.
John Richards' Will.

On this day the last Will and Testament of John Richards was present-

ed and duly proven and ordered admitted to Probate and Record.

F. B. Sprague

Probate Judge.

Copy of Will.

Be it Remembered that I, John Richards of Ashley, Delaware County,

Ohio do make and publish this my last Will and Testament as follows:

I order and direct that my just debts be paid with all convenient speed.

I give, bequeath and devise unto my wife Susan Richards and unto her

heirs and assigns, all my Estate both personal and real, all that I possess at the

date of my death, she is to have at her entire disposal.

I do hereby nominate and appoint said Susan Richards Executrix of this my

last will and testament, hereby authorizing and empowering her if it shall become nec-

essary in order to pay my debts to sell by private sale or otherwise in such

manner upon such terms of credit as she may think proper all or any

part of my real estate and deed to purchasers to execute acknowledge and de-

liver in fee simple.

I desire that no appraisement and no sale of my personal property be made

and that no bonds be given for faithful execution of this trust, and that the

court of Probate direct the omission of the same in pursuance of the statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal this 4th day

of June A.D. 1881.

John Richards.

Signed and acknowledged by said John Richards as his last Will and Tes-

tament in our presence and signed by us in his presence.

J. M. Coomer.

J. F. Wilt.

Probate of Will.

The State of Ohio }

Delaware County SS } Probate Court.

Personally appeared in open Court J. M. Coomer and

J. F. Wilt, the subscribing witnesses to the last Will and Testament of John

Richards, deceased, who being duly sworn according to law to speak the

truth, the whole truth, and nothing but the truth in relation to the exe-

cution of said Will, depose and say that the paper before them purporting

to be the last Will and Testament of John Richards now deceased is the Will of

said deceased John Richards, that they were present at the execution of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 382)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 382)

Description

[page 382]

[corresponds to labeled page 327 of Will Record Vol. 6 1876 - 1883]

327

said Will at the request of the Testator subscribed their names

as witnesses in his presence and that they saw the same said

John Richards deceased sign and seal said Will and heard him ac-

knowledge the same to be his last Will and Testament: that the said

John Richards at the time of making, signing and sealing said

will, was of legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

J. M. Coomer

J. F. Wilt.

Sworn to and subscribed in open Court this 29th day of June A.D. 1881.

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 383)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 383)

Description

[page 383]

[corresponds to labeled page 328 of Will Record Vol. 6 1876 - 1883]

328

Wilbur Caswell's Will.

On this day the last Will and Testament of Wilbur Caswell was present-

ed and duly proven and ordered admitted to Probate and Record.

July 20th 1881.

F. B. Sprague

Probate Judge

In the name of the Benevolent Father of all I, Wilbur Caswell 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 use of the house and few

acres of land where we now live adjoining the village of Cheshire to be

at her control and at her death to be the property of my son W. S. Caswell

Item 2nd I give all other lands that I now am in possession of in Berlin Town-

ship in Delaware County, Ohio to my said son W. S. Caswell, my wife

retaining her deviser in the whole, also the store property to my said son

W. S. Caswell.

Item 3rd I give my ninety acres of land in Berkshire Township, Delaware Co.,

Ohio as follows: the equal undivided north half of said land to my

son W. S. Caswell and the South half to my two daughers Zebeah [Zebia}

Scott and Sarah J. Allen.

Item 4th I give all my personal property that shall be on hand at my decease

to my son W. S. Caswell.

I do hereby revoke all former wills. I do hereby nominate and appoint

my son W. S. Caswell and my son in law Charles G. Scott Executors

of this my last will and Testament.

In testimony hereof I have hereunto set my hand and seal this

9th day of April in the year 1873.

W. M. Caswell {Seal}

Signed and acknowledged by said Wilbur Caswell as his last will and

testament in our presence and signed by us in his presence.

Joel Cleveland

Hiram Andrews

Probate of Will

The State of Ohio }

Delaware County } Probate Court

Personally appeared in open Court Joel Cleveland and

one of the subscribing witnesses to the last Will and Testament of Wilbur

Caswell 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
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 384)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 384)

Description

[page 384]

[corresponds to labeled page 329 of Will Record Vol. 6 1876 - 1883]

329

Wilbur Caswell's Will

was the other subscribing witness to the said will, that I was present

and saw him sign said will as a witness and that I recognize

his signature to said will, being well acquaintetd with the same

and that he was at the time of witnessing said will both agreed

as to the capacity of said dec'd to execute his said will, that they

were present at the execution of said Will at the request of the Tes-

tator subscribed their names to the same as witnesses in his

presence and that they saw the said Wilbur Caswell deceased

sign and seal said Will and heard him acknowledge the same

to be his last Will and Testament: that the said Wilbur Caswell

at the time of making, signing and sealing said Will, was of legal

age and of sound and disposing mind and memory and under no undue

or unlawful restraint whatsoever.

Joel Cleveland.

Sworn to and subscribed in open Court this 25th day

of July A.D. 1881

F. B. Sprague

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 385)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 385)

Description

[page 385]

[corresponds to labeled page 330 of Will Record Vol. 6 1876 - 1883]

330

Stephen C. Conrey's Will

On this day the last Will and Testament of Stephen C. Conrey was present-

ed and duly proven and ordered admitted to Probate and Record.

August 9. 1881.

F. B. Sprague

Probate Judge

I, Stephen C. Conrey of the City of Delaware, County of Delaware and State of

Ohio, considering the uncertainty of this mortal life and being of sound

mind and memory (blessed be Almighty God for the same) do make and

publish this my last will and testament in manner and form following:

1st I will, devise and bequeath to my dear wife Mary E. Conrey in case she

shall survive me, all my estate of whatsoever kind and wheresoever

situated, to be disposed of at her sole will and pleaasure hereby making

her the executrix of the will and desiring that no inventory be taken of

my estate and no security required of her.

2nd In case my beloved wife Mary E. Conrey shall not survive me, I

will and bequeath that all my estate of whatsoever kind and where

soever situated, after the payment of my just debts and funeral expenses

shall go to my beloved daughter Carry May Conrey.

3rd I desire and request that no security be required of my executrix

and I desire that no inventory be required to be held by the Probate

Court of my estate, nor any sale be made of my effects, except at the

discretion of my executrix and I prefer that no monument shall

be erected over my remains.

In witness whereof I have hereunto set my hand and seal this 12

day March A.D. 1878.

Stephen C. Conrey {Seal}

The above instrument consisting of one sheet was now here subscrib-

ed by Stephen C. Conrey the testator, in the presence of each of us.

and was at the same time declared by him to be his last will and

testament, and we at his request sign our names hereto as at-

testing witnesses.

John Chapman } resident of Delaware, Delaware County

C. Coomer } resident at Delaware, Delaware County

Probate of Will.

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court John Chapman

and C. Coomer, the subscribing witnesses to the last Will and Testament of

Stephen C. Conrey, deceased, who being duly sworn according to law to

speak the truth, the whole truth, and nothing but the truth in relation
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 386)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 386)

Description

[page 386]

[corresponds to labeled page 331 of Will Record Vol. 6 1876 - 1883]

331

to the execution of said Will, depose and say that the paper before

them purporting to be the last Will and Testament of Stephen C.

Conroy now deceased, is the Will of said deceased Stephen C. Conrey

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 Stephen C. Conrey deceased

sign and seal said Will and heard him acknowledge the

same to be his last Will and Testament: that the said Stephen

C. Conrey at the time of making, signing and sealing said Will

was of legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

C. Coomer.

John Chapman.

Sworn to and subscribed in open Court this 9th day of August, 1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 387)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 387)

Description

[page 387]

[corresponds to labeled page 332 of Will Record Vol. 6 1876 - 1883]

332

James W. Armstrong's Will.

August 22nd 1881.

On this day the last will and testament of James W. Armstrong was

presented and duly proven and ordered admitted to Probate and Record.

F. B. Sprague, Probate Judge

Copy of Will.

In the Name of the Beloved Father of All. Amen.

I, James W. Armstrong of the Township of Delaware County of Del.

and State of Ohio, being about Fifty-nine years of age, and being of sound

and disposing mind and memory, Do make, Publish and Declare this

my last Will and testament, hereby revoking and making null and

void all other Last Wills and Testaments by me made heretofore.

First: - My Will is that all my just debts and funeral expenses shall

be paid out of my Estate, as soon after my decease as shall be found

convenient.

Second: - I Give, Devise and Bequeath to my Beloved Wife Elizabeth

Armstrong the use, control and benefit of all of my estate real and personal for

and during her natural life and I hereby authorize her to sell or mortgage any

portion of the same in case it become necessary for the support of her-

self or her children.

In Testimony Whereof, I have set my hand to this, my Last Will and

Testament at Delaware Ohio, this Thirteenth day of July in the year of

our Lord One Thousand Eight Hundred and Eighty one.

James W. Armstrong.

The foregoing Instrument was signed by the said James W. Armstrong

in our presence and by him published and declared as and for his

Last Will and Testament and at his request and in his presence and

in the presence of each other, we hereunto subscribe our names as Attest-

ing Witnesses, at Delaware Ohio, this Thirteenth day of July A.D. 1881.

John Cowgill } resides at Delaware, Ohio.

Amos Glover } resides at Delaware, Ohio.

Probate of Will.

The State of Ohio }

Delaware County } SS. Probate Court.

Personally appeared in open Court John Cowgill and

Amos Glover, the subscribing witnesses to the last Will and Testament
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 388)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 388)

Description

[page 388]

[corresponds to labeled page 333 of Will Record Vol. 6 1876 - 1883]

333

James W. Armstrong's Will

of James W. Armstrong, 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 pa-

per before them purporting to be the last Will and Testament of James

W. Armstrong, now deceased is the Will of said deceased James W.

Armstrong, 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 James W. Armstrong Dec'd

sign said Will and heard him acknowledge the same to be his last

Will and Testament: that the said James W. Armstrong at the time of

making said will, was of legal age and of sound mind and memory,

and under no undue or unlawful restraint whatsoever.

John Cowgill.

Amos Glover.

Sworn to and subscribed in open Court this 22 day of August A.D. 1881.

F. B. Sprague, Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 389)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 389)

Description

[page 389]

[corresponds to labeled page 334 of Will Record Vol. 6 1876 - 1883]

334

Mary C. Thompson's Will.

Sept. 12th 1881.

On this day the last Will and Testament of Mary C. Thompson was

presented and duly proven and ordered admitted to Probate and Record.

F. B. Sprague,

Probate Judge.

Copy of Will.

In the name of the Benevolent Father of all, I, Mary C. Thompson of Berlin

township, in the county of Delaware and State of Ohio do make and publish

this my last will and testament.

Item 1st I give and devise to my daughter Nettie M. Lewis wife of M. H. Lewis the

farm on which we now live it being the farm given me by the will of my

husband J. W. Thompson with all the appurtances including household

goods, tools, grain and stock that shall be left on the farm at my decease

said farm amounting to twenty acres to be hers in fee simple after paying

all debts and expenses of sickness and funeral charges and also to pay the

following to each of my other six daughters Caroline, Jane, Harriet, the heirs

of Mary, Kate and Helen fifty dollars each payable as follows one

half to each in one year after my decease and one half in two years all

without interest.

Item 2nd I do hereby nominate and appoint M. H. Lewis and Nettie M. Lewis executors

to this my last will and testament authorizing them to settle all my affairs as

they think best. I desire that no appraisement, or sale of my personal pro-

perty be made. I now have on hand about three hundred dollars in

money and notes if any of that should be left after paying the expenses

spoken of the same to be equally divided among the seven heirs.

In testimony hereof I have hereunto set my hand and seal this 23rd day

of Dec. in the year of 1880.

Mary C. Thompson. {Seal}

Signed and acknowledged by said }

Mary C. Thompson as her last }

will and testament in our presence } Joel Cleveland.

and signed by us in her presence. } Geo. C. Cleveland.

Probate of Will.

The State of Ohio }

Delaware County SS } Probate Court.

Personally appeared in open Court Joel Cleveland and

Geo. Cleveland, the subscribing witnesses to the last Will and Testament of Mary

C. Thompson, deceased, who being duly sworn according to law to speak the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 390)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 390)

Description

[page 390]

[corresponds to labeled page 335 of Will Record Vol. 6 1876 - 1883]

335


truth, the whole truth, and nothing but the truth in relation to the exe-

cution of said Will, depose and say that the paper before them purporting

to be the last Will and Testament of Mary C. Thompson now deceased

is the Will of said deceased Mary Thompson, 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 her presence and that they saw

the said Mary C. Thompson deceased sign & seal said Will and

heard her acknowledge the same to be her last Will and Testament:

that the said Mary C. Thompson at the time of making, signing and

sealing said will, was of legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint whatsoever.

Joel Cleveland.

Geo. Cleveland.

Sworn and subscribed in open Court this 12th day

of Sept. A.D. 1881.

F. B. Sprague,

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 391)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 391)

Description

[page 391]

[corresponds with labeled page 336 of Will Record Vol. 6 1876 - 1883]

336

Cha's. W. Heath's Will.

Sept. 9th 1881.

On this day the last Will and Testament of Cha's. W. Heath was presented and

duly proven and ordered admitted to Probate and Record.

F. B. Sprague,

Probate Judge.

The State of Ohio }

Delaware County SS }

I, Charles W. Heath of Delaware County, State of

Ohio, do hereby declare this instrument of Writing to be my last will

and testament.

Item 1st After all my just debts are paid, I will and bequeath to my wife Sarah

A. Heath for her use and support and for the support and education

of our two children Harold Heath and Mary Heath, all property both

real and personal in Delaware County, Ohio: I will that she have

full power at any time where in her judgement it is for the inter-

est of herself and said children. to rent, lease or sell any part or all

of said real estate in Delaware County, Ohio.

Item 2nd Any right, title or interest that I may have acquired to real estate in

the State of Missouri or elsewhere, except that above mentioned in Del.

County, Ohio, I will and bequeath to my wife Sarah A. Heath.

Item 3rd I hereby constitute my wife the said Sarah A. Heath my executrix of

this my will. I will that no bond be required of her, that no legal proceed-

ings be taken after the necessary recording and proof of this my will.

Given under my hand and seal this twentieth day of Aug.

year. 1881.

Charles W. Heath {Seal}

Witnesses } J. S. Campbell

} N. J. Gallaher

Probate of Will.

The State of Ohio }

Delaware County } SS. Probate Court.

Personally appeared in open Court N. J. Galleher and

J. S. Campbell, the subscribing witnesses to the last Will and Testament

of Charles W. Heath, dec'd, who being duly sworn according to law to speak

the truth, the whole truth, and nothing but the truth in relation to the ex-

ecution of said Will, depose and say that the paper before them purport-

ing to be the last Will and Testament of Charles W. Heath now deceased,

is the Will of said deceased Charles W. Heath, that they were present at
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 392)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 392)

Description

[page 392]

[corresponds to labeled page 337 of Will Record Vol. 6 1876 - 1883]

337

Cha's W. Heath's Will.

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 Char's. W. Heath deceased sign and seal said Will

and heard him acknowledge the same to be his last Will and Tes-

tament: that the said Charles W. Heath at the time of making,

signing and sealing said will, was of legal age and of sound &

disposing mind and memory and under no undue or unlawful

restraint whatsoever.

J. S. Campbell.

N. J. Halleher.

Sworn to and subscribed in open Court this 9th day of Sept. A.D. 1881.

F. B. Sprague

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 393)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 393)

Description

[page 393]

[corresponds to labeled page 338 of Will Record Vol. 6 1876 - 1883]

338

Elizabeth Owens Will.

Sept. 3rd 1881.

On this day the last Will and Testament of Elizabeth Owens was pre-

sented and duly proven and ordered admitted to Probate and Record.

F. B. Sprague.

Copy of Will.

In the name of the Benevolent Father of All. Amen.

I, Elizabeth Owens being of sound mind and memory and know-

ing the uncertainty of life and desiring to make proper disposition of

my personal effects do make and publish the following as my last will

and testament:

Item 1st I desire that my just debts be paid out of my estate, should there be any

such debts against me at the time of my decease.

Item 2nd I give and bequeath to my grand daughter Mary Edwards wife of

Joseph Edwards one feather Bed.

Item 3rd I give and bequeath to my grand children William Bury Evans

Penry and the above named Mary Edwards the sum of two hundred

and forty five dollars in money which I have on deposit in one of

the Banks in the city of Delaware, the said money to be equally divided

between my said grand children William Penry, Evans Penry and Mary

Edwards.

Item 4th I give and bequeath to my daughter Elizabeth Thomas whatever sum

may be due me as interest on a certain note, (said note secured by

mortgage on the House and lot owned by said Elizabeth Thomas)

which was given to my deceased Husband Evans Owens in his lifetime

for the sum of seven hundred dollars: and the interest on said

note that has accumulated on said note since the death of my said

husband, together with what interest shall accrue thereon during

the remainder of my natural life belonging to me by virtue of the will

of my said husband. I hereby will and direct that said interest that

may so be due me at the time of my decease shall be given to my said

daughter Elizabeth Thomas during her natural life and at her death

the same shall go to and belong to my grand daughter Hattie Thomas,

the daughter of my said daughter Elizabeth Thomas.

I Elizabeth Owens hereby revoking all former wills or parts of Wills

by me made do publish the foregoing as my last will and testament.

In testimony whereof I have hereunto subscribed my name this 15th day

of May A.D. 1876

her

Elizabeth X Owens

mark

Signed by the above named Elizabeth Owens in our presence and also
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 394)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 394)

Description

[page 394]

[corresponds to labeled page 339 of Will Record Vol. 6 1876 - 1883]

339

Elizabeth Owens Will.

by her declared to be her last will and testament in our presence

and hearing and signed by us as witnesses thereto at her request

and in her presence and in the presence of each other, on

the day and year above written.

Jon. A. Cone.

Richard Williams.

Probate of Will.

The State of Ohio }

& Delaware County } SS. Probate Court

Personally appeared in open Court John A. Cone

and Richard Williams, the subscribing witnesses to the last Will and

Testament of Elizabeth Owens, deceased, who being duly sworn ac-

cording 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

Elizabeth Owens now deceased is the Will of said deceased Elizabeth

Owens, that they were present at the execution of said Will at the

request of the Testatrix subscribed their names to the same as wit-

nesses in her presence and that they saw the said Elizabeth Owens

deceased sign and seal said Will and heard Elizabeth Owens

acknowledge the same to be her last Will and Testament: that

the said Elizabeth Owens at the time of making, signing and sealing

said will, was of legal age and of sound and disposing mind

and memory and under no undue or unlawful restraint what-

soever.

Jon. A. Cone.

Richard Williams

Sworn and subscribed in open Court this 3rd day of Sept. A.D. 1881.

F. B. Sprague,

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 395)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 395)

Description

[page 395]

[corresponds to labeled page 340 of Will Record Vol. 6 1876 - 1883]

340

David Wagner's Will

September 27" 1881

On this day the last Will and testament of David

Wagner was presented duly proven and ordered admitted

to Probate and Record

F. B. Sprague

Probate Judge

Copy of Will

In the name of the Benevolent Father of All;

I David Wagner of Delaware Ohio being of sound & dis-

posing mind & memory do make and publish this

my last will & testament.

Item I" It is my will and desire that all my just debts etc

be fully paid

Item II It is my will and desire that my wife Catherine

A. Wagner shall have the use & benefit of all my

real & personal property for the support of herself &

our children during the natural life of my said

wife - provided she remain unmarried

Should my said wife again marry in that

event she is to have her rights as my widow accor-

ding to law in my estate as of that date.

Item III It is my will & desire that the house and lot where

we now live the house and lot on the corner of Winter

and Richardson Streets and my Stock in the Delaware

Gas Light and Coal Oil Co. shall not be sold during

the minority of either of my said children, but may

be sold by them thereafter if they and my said wife

mutually agree thereto

Item IIII It is my will and desire in case either or both

of our children (daughters) should marry, that my

said wife, if she is still my widow shall give

to each or both of them such an outfit as is usually

given to girls in their situation in life and in keeping

with the property and its incomes at that time

Item V It is my will and desire that the bequest to my

said wife in Item 2nd of this will shall be in full

of her dower and years support except in case of

her remarriage where it is to be in lieu of any

years support. In that event after her dower

rights are ascertained the balance real and personal

is to be divided equally among our children as the

survivor: and in case of the death of my said
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 396)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 396)

Description

[page 396]

[corresponds to labeled page 34l of Will Record Vol. 6 1876 - 1883]

341

David Wagner's Will

wife all my ^both^ or personal to go to them equally

if living.

Item VI. It is my will and desire that my Executrix hereinafter

mentioned sell my Stock or supply of Gass Fixtures

without appraisement and that no appraisement of my

personal property be made.

Item VII. I hereby nominate and appoint my said wife

Catherine A. Wagner as Executrix of this my last

will and testament and direct that no bond shall

be required of her unless the same shall be nec-

essary and required to collect a life insurance

policy payable to my estate and only to the amt

for that purpose

In witness whereof I have hereunto

set my hand and seal this 23rd day of May

A.D. 1881 in presence of the witnesses hereto

David Wagner {Seal}

Signed by said David Wagner is our presence

at his request and declared by him to be his

last will and testament in our presence and

in the presence of each other the same day on

which he signed the same F. M. Jay

Charles W. Knight Jr.

F. M. Marriott

Probate of Will

State of Ohio Delaware County SS.

Probate Court

Personally appeared in open Court Charles W. Knight

& F. M. Marriott two of the subscribing witnesses

to the last Will and Testament of David Wagner

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 David Wagner now deceased

is the Will of said deceased David Wagner,

that they were present at the execution of

said Will at the request of the Testator
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 397)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 397)

Description

[page 397]

[corresponds to labeled page 342 of Will Record Vol. 6 1876 - 1883]

342

David Wagner's Will


subscribed their names to the same as witnesses

in his presence and that they saw the same said David

Wagner deceased sign and seal said Will and

heard him acknowledge the same to be his

last Will and Testament: that the said

David Wagner at the time of making, signing

and sealing said will, was of legal age and

of sound and disposing mind and memory

and under no undue or unlawful restraint

whatsoever.

Charles W. Knight Jr.

F. M. Marriott

Sworn to and subscribed in open Court

this 27 day of September A.D. 1881

F. B. Sprague

Probate Judge

{Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 398)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 398)

Description

[page 398]

[corresponds to labeled page 343 of Will Record Vol. 6 1876 - 1883]

343

Samuel Downing's Will.

Sept. 24th 1881.

On this day the last Will and Testament of Samuel Downing

was presented and duly proven and ordered admitted to Probate

and Record.

F. B. Sprague

Probate Judge

January the fourth eighteen hundred and seventy five. The last

will and testament of Samuel Downing.


Item 1st That my doctor bills and funeral expenses be paid.

Item 2nd That my lawful debts be paid.

Item 3rd That my wife, Margaret, she to have forty-five acres of land

to be taken of the north end of the farm I now live on she

may live on it or she may sell it and make warente deed

and live on the money.

Item 4th She to have all money and chattel property after my debts

are paid.

Item 5th The balance of farm sixty acres is to be divided equally among

the five girls. Maria, Elizabeth, Naniel, Jane, Ester.

Noury and James have got their share.

Samuel Downing

John Powell }

W. P. Norman } Witness

Probate of Will

The state of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court John Powell

to W. P. Norman the subscribing witnesses to the last Will and

Testament of Samuel Downing deceased who being duly sworn

according to law to speak the truth, the whole truth, in relation

to the execution of said will deposes and says that the paper

before them purporting to be the last Will and Testament of

Samuel Downing now deceased is the Will of said deceased.

Samuel Downing that they were present at the execution of

said Will at the request of the Testator, subscribed their names

as witnesses in his presence and that they saw the said

Samuel Downing deceased sign and seal said Will and heard

him acknowledge the same to be his last Will and Testament

that the said Samuel Downing at the time of making, signing

and sealing said Will was of legal age and of sound and

disposing mind and memory and under no undue or unlaw-

ful restraint whatsoever. John Powell

W. P. Norman
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 399)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 399)

Description

[page 399]

[corresponds to labeled page 344 of Will Record Vol. 6 1876 - 1883]

344

Samuel Downing's Will

Sworn to and subscribed in open Court, this 24th, day of September

A.D. 1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 400)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 400)

Description

[page 400]

[corresponds to labeled page 345 of Will Record Vol. 6 1876 - 1883]

345



John Sperow's Will

Oct. 15th, 1881

On this day the last Will and Testament of John Sperow was presented

and duly proven and ordered admitted to Probate and Record.

F. B. Sprague

Probate Judge

Copy of Will.

In the name of the Benevolent Father of all I John Sperow of the

County of Delaware and State of Ohio do make and publish

this my last will and testament.

First, It is my will that my just debts and all charges be paid out of

my state. I give and devise to my wife, Catharine all the res-

idence of my Estate. Real and Personal moneys and efects as

long as she lives.

Item 2nd I give and devise to my two sons George T. Sperow and Harvey

J. Sperow and their heirs the farm on which I now live to be

divided equally between them. The said George and Harvey are to

pay Mary C. Kable one hundred Dollars at my death.

Item 3rd I give and devise to my daughter Mary C. Kable five Dollars.

Item 4th I give and devise to my daughter Sarah T. Kooken one hundred

Dollars to be paid at my death by George T and Harvey J.

Sperow.

Item 5th I give and devise to my daughter Sarah T. Kooken five Dollars.

Item 6th I give and devise to my four Grand Children heirs of my son

Isaac Sperow Five Hundred Dollars to be equally divided between

them to be paid by George and Harvey Sperow at my death.

Item 7th I give and devise to my son William B. Sperow one dollar -

In testimony here of I have hereunto set my hand and seal

this 31st day of Oct. AD. 1874

John Sperow. {Seal}

Signed and acknowledged by said John Sperow as his last will

and testament in our presence and signed by us in his presence.

attest

William Harris


W. G. Watson.

Probate of Will.

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court William Harris
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 401)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 401)

Description

[page 401]

[corresponds to labeled page 346 of Will Record Vol. 6 1876 - 1883]

346



John Sperow's Will


and Wm. G. Watson the subscribing witnesses to the last Will

and Testament of John Sperow Dec'd who being duly sworn ac-

cording to law to speak the truth, the whole truth and nothing

but the truth in relation to the execution of said will of said Deed

depose and say that the paper then purporting to be the last Will

and Testament of John Sperow now deceased is the Will of said

deceased John Sperow that they were present at the execution of

said Will at the request of the Testator subscribed their names as

witnesses in his presence and that they saw the said John Sperow

deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, that the said John

Sperow at the time of making, signing and sealing said Will. was of

legal age and of sound and disposing mind and memory said

under no undue or unlawful restraint whatsoever.

William Harris.

W. G. Watson

Sworn to and subscribed in open Court this 15th day

of October. AD. 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 402)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 402)

Description

[page 402]

[corresponds to labeled page 347 of Will Record Vol. 6 1876 - 1883]

347


William G. Norris' Will


Oct 8th 1881

On this day the last Will and Testament of William G. Norris was

presented and duly proven and ordered admitted to Probate and

Record.

F. B. Sprague

Proobate Judge

Copy of Will

The last Will & Testament of Judge William G. Norris Troy town-

ship, Delaware County Ohio.

On this eighteenth day of October in the

year of Our Lord eighteen hundred & seventy nine, at the City

of Delaware, Ohio, I William G. Norris of Troy township Del.

County Ohio, do make & publish this last Will & Testament.

Item 1st I do will & direct that first of all there be paid out of my estate

by my Executors hereinafter named, all my just debts & funeral

expenses.

Item 2nd If my beloved wife Mary (formerly Mary Rhodes) survives me

& in preference to the devise to her herein made, chooses to

take according to our "Marriage Contract" dated "Oct. 14th 1868"

& recorded in the recorder's office of said County in Miscellaneous

Records No. 1, page 22 & 23, (to which record reference is here

made for the terms thereof) I do here direct that my executors

fully & in every particular carry out & comply with all the terms

of said "Marriage Contract" but if my said wife prefers to take

titled to under said Marriage contracts & in lieu of all claims

of every nature that she would have on my estate real & personal

were I to make no will: I do give, devise & bequeath to my wife,

the said Mary Norris, the following described Real Estate to be

hers absolutely in fee simple to wit. Situated in the State of

Ohio County of Delaware township of Troy, in Range nineteen

Township five) part in section one & part in section two U.S.M.

lands & being a tract off of the South side of my farm supposed

to contain about fifteen acres be the same more or less, (abut

five acres the west part thereof being in said section two & section

in said section one) & bounded on the north by the north line

of the old "Peres Main" tract of about 69 acres which was deeded

by his heirs to Charles Sweetser by said Sweetser deeded to me.

on the east by the center of the Whetstone river, on the south by

the said Peres Main tract deeded by me to David W. Tipton

& now owned by Miss Amanda J. Woodward & on the West
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 403)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 403)

Description

[page 403]

[corresponds to labeled page 348 of Will Record Vol. 6 1876 - 1883]

348

William G. Norris Will

by the center of the Troy turnpike, together with all the privilege

& appurtenances to said tract of land belonging, I also give

her carpeting suitable & sufficient for the dwelling house on said

tract, also a bed, bedstead & bedding one cooking stove & other

house hold furniture of the value of fifty dollars & provisions

for one year, also one cow, the cow to be selected by my daugh-

ter Joan.

Provided my said wife shall notify the Probate Judge of said

County of her election to take under this will & cause the said

election to be made a matter of record in his office within the per-

iod of Thirty days after this Will shall be admitted to probate

if she does not do so within said period of Thirty days then she

shall be held & concluded to have taken under said Marriage

contract & not under this will & the foregoing bequest to her are

upon the express condition that she elects to take the same

within the said period of thirty days.

Item 3rd I give and devise to my beloved & faithful daughter Joan

Norris now residing with us the sum of Five Hundred Dollars

Item 4th I do give & bequeath to the children of my Son Charles F. Norris

of the State of Iowa that may be living at my decease to be

equally divided among them & paid over as hereinafter stated

sum of One Thousand Dollars & I here appoint my daughter

the said Joan J. Norris Trustee to take charge, control and man-

agement of said $1000 & request that she be not required to

give any bond as said Trustee: & I will & direct that she

vest in some safe & judicious manner the said $1000 & out

of the annual income thereof that she be paid annually for

her services as Trustee, such reasonable sums as the Probate

Judge of said County of Delaware may deem just & proper &

that the set annual income thereof she add to the principal

from year to year & so keep the same invested until some

of said children arrive at the age of majority, & then that she pay

to said child when he or she so arrives at full age, such part of

the net amount of said investment at that time, as shall result

from dividing the whole of said net amount by the number of said

children living at my decease & that the residue thereof left after

taking out the part so paid to the child arriving at full age

still be kept & managed by said trustee as the whole amount

was before paying out said share & untill another of said children

shall arrive at full age & then she shall pay to said second

child on arriving at full age his or her part of said investment

to be ascertained by dividing the net amount thereof when said

second child becomes of the age of majority by the number of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 404)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 404)

Description

[page 404]

[corresponds to labeled page 349 of Will Record Vol. 6 1876 - 1883]

349

William G. Norris Will

said children living at my decease less the one having already received

his or her share, that is to say, there now five of said children -

if they shall all & no more be living at my decease - then the amount

to be paid to the child first becoming of age, will be ascertained

by dividing as aforesaid the net amount of said investment at

that time by five, the remaining four fifths to the net accum-

ulation thereof to the time the second child arrives at full age to

be divided by four to ascertain the amount to be paid to said

child the second becoming of age & the remaining three fourths of

said net amount of said investment must be kept invested

as aforesaid untill another child the third shall become of full age

& then his or her part thereof to be paid him or her the same

to be ascertained by dividing the net amount of said investment

at that time by the number of said children living at my decease

less the number whose share of said investment has been pre-

viously distributed & so on until all of said children have become

of full age & have received his or her equal share of said bequest

to be computed & arrived at as aforesaid.

Provided however if any of said children living at my decease

shall die before becoming of age then his or her share as soon after

his or her decease as the said Trustee may conveniently be able

to collect the same, shall be paid over to the father the said

Charles F. Norris, which share to be so as aforesaid paid over

to the father at the decease of the child shall be the same propor-

tion of the whole amount of said investment at that time

distributed that the deceased child would have been by the terms

of this will entitled to had he or she arrived at full age on the

day of his or her decease

Any of said children that may be of full age at my decease shall

receive their share of the foregoing bequest within a reasonable time

after my decease.

If for any cause my said daughter should cease to act as said

trustee then I will that my nephew Caleb Norris Esq. of Marion

Ohio succeed her as said Trustee upon giving bond as required

by law.

Item 5th I will that the residue of my estate left after paying all my

just debts & expenses & costs & expenses of settling my estate &

paying the foregoing specific legacies be divided into five equal

shares & I do here give devise & bequeath said shares as follows

1st to my daughter Elizabeth wife of William M. Chandler of

Berlin township Delaware County Ohio I give the one half part

of one of said five shares. 2nd to her son William Norris Mansa

I give the other half part of one of said five shares

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 405)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 405)

Description

[page 405]

[corresponds to labeled page 350 of Will Record Vol. 6 1876 - 1883]

350

William G. Norris Will

3rd To my daughter Rebecca M. wife of Doctor Joseph H.

VanDeman of Chattanoga Tennessee I give one of said five

shares.

4th To my daughter Florinda Layman wife of Wm. Layman

of Kokomo Indiana I give one of said five shares.

5th To my son the said Charles F. Norris I give one of said

five shares.

6th To my daughter the said Joan J. Norris in addition to

the bequest herein before made to her, I also gave one of said

five shares.

Item 6th I do hereby nominate constitute & appoint the said Joan J.

Norris & Caleb Norris Executors of this my last Will & testa-

ment & request that they may not be required to give any

bond as Executors having full confidence that they will truly

& faithfully carry out the provissions of this will without giving

bond: & I will & direct that as soon as my wife shall have made

her election as required in "Item 2nd" hereof, or at the expiration

of said period of thirty days so that my said Executors cause to

be made & returned to the Probate Court of said County an in-

ventory and appraisement of all my estate real & personal & of

every kind & in whatsoever form the same may be in at my

decease: & I here authorize & empower my said Executors to

sell said estate real & personal at public or private sale or both

as they may deem best & upon such terms as they think may

be for the best interest thereof & deeds to the purchasers of the real

estate to execute & deliver in fee simple.

I deem it desirable that my estate should be fully settled as

soon as the same can be done without a serious sacrifice of

property & to that end I think it would be well in selling

the same "on time" for my said Executors to make arrangements

with the persons by this will entitled to the proceeds of said

sales to take the notes of the purchasers of said property in pay-

ment of that to which they may be severally entitled to by this

will & I empower them so to do.

In testimony where of I the said William G. Norris have her

unto set my hand & seal this 18th day of October AD 1879 hereby

revoking all former wills by me made.

Signed, sealed & acknowledged by } William G. Norris.

the said William G. Norris to be }

his last will & testament in our }

presence & signed by us as wit- } Henry G. Sheldon

nesses thereto at his request in his } Henry J. Eaton

presence & in the presence of each other. }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 406)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 406)

Description

[page 406]

[corresponds to labeled page 351 of Will Record Vol. 6 1876 - 1883]

351

William G. Norris

Probate of Will

The State of Ohio }

Delaware County } SS. Probate Court.

Personally appeared in open Court Henry

G. Sheldon and Henry J. Eaton the subscribing witnesses to

the last Will and Testament of William G. Norris deceased

who being duly sworn according to law to speak the truth the

whole truth and nothing but the truth in relation to the ex-

ecution of said Will, depose and say that the paper before

them purporting to be the last Will and Testament of William

G. Norris now deceased, is the Will of said deceased William

G. Norris, 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 William

G. Norris deceased sign and seal said will and heard him

acknowledge the same to be his last Will and Testament:

that the said William G. Norris at the time of making, signing

and sealing said Will was of legal age and of sound and dis-

posing mind and memory and under no undue or unlaw-

full restraint whatsoever

Henry G. Sheldon

Henry J. Eaton

Sworn to and subscribebd in open Court this 8th day of

October AD 1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 407)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 407)

Description

[page 407]

[corresponds to labeled page 352 of Will Record Vol. 6 1876 - 1883]

352

Stephen Thompson's Will

March 9th 1881

On this day the last Will and Testament of Stephen Thompson

was presented and duly proven and ordered admitted to Probate and

Record.

F. B. Sprague

Probate Judge

Copy of Will.

Last Will and Testament of Stephen Thompson

I, Stephen Thompson of Harlem Township & Delaware County

Ohio, knowing the uncertainty of life, do make this my last

Will and Testament revoking and annulling all other wills

that I may heretofore have made.

Item 1st It is my will that all my just debts and my funeral expenses

be paid out of my estate.

Item 2nd I give and bequeath to my wife Matilda Thompson, in lieu of

her dower the sum of Three Hundred Dollars per year, to be

paid each and every year during her natural life Said sum of

three hundred Dollars per year is due and my said wife from

my son Alexander Thompson, each and every year of her natur-

al lives from a lease given by my son Alexander Thompson

to me and my said wife.

I also give to my said wife all the rights and interests that we

jointly and severally have in said life lease. I also give all my

household and kitchen furniture to my said wife. I also give

and devise to my said wife one milk Cow

Item 3rd I give and bequeath to my son Henry Thompson in addition to

what he has all ready received, the sum of one Dollar.

Item 4th I give and devise to my son Alexander Thompson in addition

to what he has already received the sum of one Dollar.

Item 5th I give and bequeath all the remainder of my property of what-

soever nature or kind to my four daughters: Eliza Fancher and

her heirs Maria Lucas, Mary P. Thompson, Mira Thompson

and my two Grand children Sarah Thompson & Franklin

E. Thompson, to be divided between them as follows:

Each of my daughters to share equally and alike with each

other and my two grand children above named to share equally

with each other and both together to have an equal share with

each of my daughters.

Item 6th I nominate and appoint my daughter Mary B. Thompson

as Executrix of my will & Testament.

In testimony whereof I hereunto set my hand and seal this

First day of August in the year of our Lord one thousand Eight
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 408)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 408)

Description

[page 408]

[corresponds to labeled page 353 of Will Record Vol. 6 1876 - 1883]

353

Stephen Thompson's Will

hundred and seventy nine.

his

Stephen X Thompson {Seal}

name

Signed sealed and acknowledged by said Stephen Thompson

in our prseence and at his request and in his presence and

in the presence of each other we sign as witnesses.

B. H. Marriott }

John Adams }

Commission.

To take testimony of witness to Will.

The State of Ohio }

Delaware County } SS.

To Esq W. Culver. Greeting:

Know ye, That we, in confidence of your prudence and fidel-

ity, have appointed you, and by these presents do give you full

power and authority to examine and take the deposition of

John Adams subscribing witness to the last Will and tes-

tament of Stephen Thompson hereto 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 John Adams 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 said Stephen Thompson and that you reduce

such examination to writing, and return the same together

with this Commission and the Will of said Stephen Thomp-

son With all charges for your's and witnesses charges

thereto annexed, closed up under your seal: into our said

Probate Court with all convenient speed.


In Testimony Whereof I F. B. Sprague

Judge of the said Court, have hereunto

set my hand and affixed the seal of

said Court at Delaware this 9th day of

March AD 1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 409)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 409)

Description

[page 409]

[corresponds to labeled page 354 of Will Record Vol. 6 1876 - 1883]

354

Stephen Thompson's Will

Probate of Will.

The state of California }

County } Probate Court

Personally apeared before me (a commis-

sioner duly appointed), John Adams one of the subscribing

witnesses to the last Will and Testament of Stephen Thomp-

son 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) him purporting to be the last Will and Testament

of Stephen Thompson now deceased, is the Will of said deceased

Stephen Thompson, who with B. H. Marriott the other sub-

scribing witness to the said Will, 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

they saw the said Stpehen Thompson deceased sign by mark

and seal said Will, and heard him acknowledge the same

to be his last Will and Testament: that the said Stephen

Thompson at the time of making, signing by mark and seal-

ing said Will was of legal age and of sound and disposing

memory and under no undue or unlawful restraint whatsoever.

John Adams

Attest } W. T. Somers.

Sworn to and subscribed before me this 19

day of March AD 1881

E. W. Culver

Commissioner duly appointed by

the Probate Court of Delaware

County Ohio.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 410)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 410)

Description

[page 410]

[corresponds to labeled page 355 of Will Record Vol. 6 1876 - 1883]

355

Stephen Thompson's Will

The State of Ohio }

Delaware County } SS Probate Court.

Personally appeared in open Court P. N. Marriott

one of the subscribing witnesses to the last Will and Testament

of Stephen Thompson 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 Stephen Thompson now deceased, is the Will of

said deceased Stephen Thompson that he was present at

the execution of said Will, at the request of the Testator subscrib-

ed their names to the same as witnesses, in his presence and

that they saw the said Stephen Thompson deceased, sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament: that the said Stephen Thompson

at the time of making, signing and sealing said Will, was of

legal age and of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever.

P. N. Marriott

Sworn to and subscribed in open Court this 7 day of October

A.D. 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 411)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 411)

Description

[page 411]

[corresponds to labeled page 356 of Will Record Vol. 6 1876 - 1883]

356

Charles Wheaton's Will

Oct. 8th 1881.

On this day the last Will and Testament of Charles Wheaton

was presented and duly proven and ordered admitted to Probate

and Record.

F. B. Sprague

Probate Judge

Copy of Will

In the name of the Benevolent Father of All.

I Charles Wheaton of Delaware County Ohio, do make and

publish this my last will and testament.

Item 1st I give and devise to my beloved wife Mary E. Wheaton in

lieu of her dower the one third of all my property both real and

personal.

Item 2nd I give and devise to my grand daughter July Clawson two

hundred dollars to be paid to her when she arrives at the age

of eighteen years.

Item 3rd The remainder of my estate both personal and real I give and

devise to my sons Clinton B Wheaton, Harvey L. Wheaton,

Charles M. Wheaton and Otis A. Wheaton and to my daugh-

ters Eva D. Wheaton and Sarah F. Wheaton, said remaining

estate to be equally divided between my children last above

mentioned or their heirs.

Item 4th I devise that whatever indebtedness there may be at my death

together with my funeral expenses and sufficient amount of

money to purchase a suitable monument to be placed at my

grave shall be deducted before any division be made except

in case of my grand daughter July Clawson is to have the

two hundred as above mentioned

Item 5th I do hereby nominate and appoint my son Clinton B Wheaton

executor of this my last Will and Testament.

In testimony hereof I have hereunto set my hand

and seal this Sixth day of June One Thousand eight hundred

and sixty one

Charles Wheaton {Seal}

Signed and acknowledged by }

said Charles Wheaton as his }

last will and testament in } E. W. Condit

our presence and signed by } T. H. Vankirk

us in his presence }
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 412)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 412)

Description

[page 412]

[Corresponds to labeled page 357 of Will Book Vol. 6 1876 - 1883]

357

Charles Wheaton' Will

Probate of Will.

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court E. W.

Condit and T. W. Vankirk the subscribing witnesses to the

last Will and Testament of Charles Wheaton 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 dispose and say that the paper before them pur-

porting to be the last Will and Testament of Charles Wheaton

now deceased is the Will of said deceased, Charles Wheaton

that they were present at the execution of said Will, at the request

of the Testator, subscribed their names as witnesses in his pres-

ence, and that they saw the said Charles Wheaton deceased,

sign and seal said Will and heard him acknowledge the same

to be his last Will and Testament: that the said Charles

Wheaton at the time of making, signing and sealing said Will

was of legal age and of sound and disposing mind and mem-

ory, and under no undue or unlawful restraint whatsoever.

E. W. Condit

T. H. Vankirk

Sworn to and subscribed in open Court this 8th day of

October AD. 1881.

F. B. Sprague

Probate Judge


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 413)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 413)

Description

[page 413]

[corresponds to labeled page 358 of Will Record Vol. 6 1876 - 1883]

358

Peter Williamson's Will

October 22 1881

On this day the last Will and Testament of

Peter Williamson was presented and duly proven

and ordered admited to Probate and Record

F. B. Sprague

Probate Judge

Copy of Will

In the name of the Benevalent Father of all I Peter

Williamson of Delaware County and State of Ohio

being of sound mind and memory do make

and publish this my last will and Testament

in the maner and form following

First after

all my just debts are paid I desire that my wife

(should she be living at my death) shall have the

possession and use of all my real estate during

her life

Second - I will and bequeath at my

death and after the death of my wife unto James

Williamson my son that part of my real estate which

lies east of the line established by me (which line

commences on the south line of my farm and

extends north to the north line of my farm and

passes a short distance east of a Burr Oak in the

field now bordering on Big Walnut Creek) which

portion of my real estate contains about eighty

two acres of land, it being the east end of my

farm.

Third I bequeath unto my daughter Louisa

Daug and unto her heirs after her the rest residue

and remainder of my real estate which lies west

of the above described line it being the west end

of my farm and contains about One Hundred

acres of land

All of the Real Estate bequeathed by

me in this my last will and testament is

situated in Kingston & Porter Townships in Delaware

County and State of Ohio

Peter Williamson

The above and foregoing instrument of one sheet

was at the date thereof declared to us by the Testator
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 414)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 414)

Description

[page 414]

[corresponds to labeled page 359 of Will Record Vol. 6 1876 - 1883]

359

Peter Williamson's Will

Peter Williamson to be his last will and testament

and he subscribed the same in our presence and

we at his request sign our names hereto as attesting

witnesses in his presence and in the presence of each

other, this 3rd day of April AD 1878

Henry Sheldon Delaware Ohio

Henry S. Culver Delaware Ohio

Codicil to the will

I hereby bequeath to James Williamson in addition

to the Eighty two acres bequeathed him in my Will

made April 3rd 1878 my house and lot of Five acres of

land where I now reside, but not until the death

of my said wife who is entitled to the use and

occupation of said premises during her life time.

said lot of 5 acres lies west of my farm and was

purchased by me of Cepter Stark

Witness my hand and seal this } P Williamson {Seal}

10" day of June AD 1880

Signed in our presence by said

P Williamson and signed by us in his presenced and

at his request this 10" day of June 1880. S. C. [Caurey ?]

A. H. Packard

Probate of Will.

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court Henry G. Sheldon

and Henry S. Culver the subscribing witnesses to

the last Will and Testament of Peter Williamson

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 Peter Williamson

now deceased is the Will of said deceased, Peter

Williamson that they were present at the executi-

on 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 Peter Williamson, deceased,

sign and seal said Will and heard him acknowledge

the same to be his last Will and Testament: that

the said Peter Williamson at the time of making,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 415)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 415)

Description

[page 415]

[corresponds to labeled page 360 of Will Record Vol. 6 1876 - 1883]

360

signing and sealing said Will was of legal age and

of sound and disposing mind and memory, and under

no undue or unlawful restraint whatsoever.

Henry G. Sheldon

Henry S. Culver

Sworn to and subscribed in open court this 22d

day of October AD 1881

F. B. Sprague

Probate Judge

Probate of Will.

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court A. H. Packard

one of the subscribing witnesses (S. C. Canrey the other

witness being dead) to the Codicil to the last Will

and Testament of Peter Williamson 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 him purporting to

be the Codicil to the last Will and Testament of Peter

Williamson is Codicil to the Will of said deceased

Peter Williamson and at the same time came

A. H. Packard who being sworn says he is well

acquainted with the hand writing of S. C. Canrey

now deceased and recognizes the signature to

said Codicil as the hand writing of said dec'd S. C. Canrey

and that the said S. C. Canrey witnessed said

Codicil in my presence and at the time of

signing the same by said Peter Williamson 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

Peter Williamson deceased, sign and seal said Codicil

to said Will and heard him acknowledge the same to

be his Codicil to his last Will and Testament: that the

said Peter Williamson at the time of making, signing

and sealing said Codicil to said will was of legal age and

of sound and disposing mind and memory, and under

no undue or unlawful restraint whatsoever.

A. H. Packard

Sworn to and subscribed in open Court this 22d day of October AD. 1881.

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 416)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 416)

Description

[page 416]

[corresponds to labeled page 361 of Will Record Vol. 6 1876 - 1883]

361

Elizabeth Criss' Will

October 24" 1881

On this day the last Will and Testament of

Elizabeth Criss was presented and duly proven

and ordered admited to Probate and Record

F. B. Sprague

Probate Judge

Copy of Will

In the name of the Benevolent Father of all

I Elizabeth Criss of sound mind and retentive

memory do make and publish this my last

Will and Testament -

First = I give and devise all the stocks, moneys

household goods, furniture, provisions and other

goods and chattels which I may have at my decease

to my beloved daughter Cara R Criss

Second = I do hereby nominate and appoint my

esteemed friend and brother George Watson of

Guernsey County Ohio Guardian of my said

daughter Cara R Criss until she arrives at the

age of twenty one years or intermarries

by said Guardian is hereby empowered to give

my said daughter Cara R Criss a good English

Education and to rear her in habits of industry

and incubate upon her as far as may be Christian

faith and charity

I do further authorize and empower my said

Guardian to compromise adjust release and disch

arge in such manner as he may deem proper, the

debts and claims due me

I do further authorize him if in his judgement

it should be for the best interest of my said daughter

to sell by private or otherwise or in such manner

upon such terms of credit or otherwise as he may think

best and proper, all of my said personal property,

and to use the proceeds arising therefrom in caring

and providing for my said daughter until she arrives

at twenty one years of age whatever he may have

then left in his hands to pay the same over to

my said daughter

I do further direct that he take the possession and

control of her real estate at my decease to look after

and rent the same to the best advantage and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 417)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 417)

Description

[page 417]

[corresponds to labeled page 362 of Will Record Vol. 6 1876 - 1883]

362

Elizabeth Criss Will

and whatever amount of money there may

be left in his hands from that source after

providing and caring for my said daughter to pay

over to her upon her arriving at twenty one years

of age

I desire and direct that there be no executor

or administrator appointed on my estate, but

that my said guardian carry out the provisions

of this my last will and testament -

I further direct that no appraisement of my

personal property be made and that the court

of Probate direct the omission of the same

In case my said daughter Cara R Criss should

die before arriving at eighteen years of age, I

give devise and bequeath all money and property

ariseing from my estate then remaining in

the hands of said guardian as follows:

First = To my brother James Watson I give and

devise two Hundred and fifty Dollars of said

amount so remaining in the hands of said

guardian and the balance so remaining in the

hands of said guardian, I give and devise to the

children of my brother and half brothers and

half sisters, and direct that the same be equaly

divided between them =

This fourth provision of this my last will

and testament is only to be carried out in case

my said daughter Cara R Cross should die before

arriving at the age of eighteen years

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my

hand and seal this sixth day of May AD 1881

Elizibeth Criss {Seal}

Signed and acknowledged by said Elizabeth Criss

as her last will and testament - in our presence

and signed by us in his presence

James Watson

R. D. Robinson
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 418)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 418)

Description

[page 418]

[corresponds to labeled page 363 of Will Record Vol. 6 1876 - 1883]

363

Probate of Will

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court R. D. Robinson

and George Watson two of the subscribing witnesses

to the last Will and Testament of Elizibeth Criss 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 Elizabeth

Criss now deceased is the Will of said deceased,

Elizabeth Criss 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 Elizabeth

Criss deceased, sign and seal said Will and heard

her acknowledge the same to be her last Will and

Testament: that the said Elizabeth Criss at the

time of making,signing and sealing said Will

was of legal age and of sound and disposing

mind and memory, and under no undue

or unlawful restraint whatsoever.

George Watson

R. D. Robinson


Sworn to and subscribed in open court this

22d day of October AD 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 419)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 419)

Description

[page 419]

[corresponds to labeled page 364 of Will Record Vol. 6 1876 - 1883]

364

John Kunze's Will

Nov 9th 1881

On this day the last Will and Testament of

John Kunze was presented and duly proven and

ordered admited to Probate and Record

F. B. Sprague

Probate Judge

Copy of Will

In the name of God Amen

I John Kunze of the Township of Berlin in the

county of Delaware and State of Ohio of the age of

sixty two years, and being of sound mind and

memory, do make and publish and declare this

my last will and testament - in manner following

this is to say: First - I give and devise all income

and profits of all my real and personal estate of

what nature or kind so ever to my wife Magdalena

Kunze to be used and enjoyed by her during the

term of her natural life: provided she remains

my widow: but if she marry again, then only one

half of said income and profits of all my real and

personal estate of what nature or kind so ever,

shall be used and enjoyed by her during the term of her

natural life: and from and imediately after her marriage

I give and devise the one half of all my real and

personal estate of what nature or kind so ever to

my children their heirs and assigns forever which

shall be held in trust by my executors hereinafter

nominated and appointed who shall eaqualy divide it

among them though held till he or she or they shall

have arrived at the age of twenty one years, and

further: I do hereby dispose of and commit the care to

and custody of my children for such time as they or

any of them respectively continue unmarried, and

under the age of twenty one (or over) years unto my wife

Magdalena Kunze provided she remains my widow

but if she shall die or marry during the nonage and

single life of any of my said children I hereby dispose

of and commit their tuition and custody to my

executors hereinafter nominated and appointed:

This my last will and testament is to be accepted

and received by my wife Magdalena Kunze in lite

of her dower during the term of her natural life
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 420)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 420)

Description

[page 420]

[corresponds to labeled page 365 of Will Record VOl. 6 1876 - 1883]

365

John Kunze's Will

and lastly I do hereby nominate and appoint my

wife Magdalena Kunze and my friends Michael

George Shuyer Christopher F Croff to be the executors of

this my last will and testament hereby revoking

all former wills by me made

In witness whereof I have hereunto set my hand

and seal this 30th day of August in the year of eighteen

hundred and seventy nine

John Kunze

The above instrument consisting of one sheet was at the

date thereof, signed sealed published and declared by the

said - - - - as and for his last will and testament in

presence of us who at his request and in his presence

and in the presence of each other have subscribed our

names as witnesses thereto (or the above instrument

consisting of one sheet was at the date thereof declared

to us by - - - - the testator therein mentioned to be

his last will and testament: and he at the same

time acknowledged to us and each of us that he had

signed and seal the same: and we thereupon at

his request and in his presence and and in the

presence of each other signed our names thereto as

attesting witnesses

Fredrick Fink resideing in Delaware in Delaware

County State of Ohio

Michael Gay residing at Delaware in Delaware

County State of Ohio

Probate of Will

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court F. L. Fink and Nicholas

Gay the subscribing witnesses to the last Will and

Testament of John Kunze 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

John Kunze now deceased is the Will of said deceased, John

Kunze 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,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 421)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 421)

Description

[page 421]

[corresponds to labeled page 366 of Will Record Vol. 6 1876 - 1883]

366

and that they saw the said John Kunze, deceased,

sign and seal said Will and heard him acknowledge

the same to be his last Will and Testament: that the

said John Kunze at the time of making, signing

and sealing said Will was of legal age and of sound

and disposing mind and memory, and under

no undue or unlawful restraint whatsoever.

Fredrick Fink

Nicholas Gay

Sworn to and subscribed in open court this

9th day of November AD 1881

F. B. Sprague

Probate Judge


Michael Neumesiter's Will


Nov 11th 1881

On this day the last Will and Testament

of Michael Neumeister was presented and duly

proven and ordered admited to Probate and Record

F. B. Sprague

Probate Judge

Copy of Will

Delaware Ohio March 8" 1881

I Michael Neumeister being of sound mind

make this as my last Will and Testament revoking

all other and former wills

After paying my just debts

and funeral expences, I want the remainder of my

property to be divided as follows: To my Mother Elizabeth

Neumeister the 1/6 one sixth, To my wife Christina

Neumeister the 2/6 two sixth, and to my son the

remaining 3/6 three sixth, and the entire property

to go to my son Henry at the death of my Mother

and wife

In witness whereof I hereunto set my hand

this March 8" 1881

Michael Neumeister

Signed and sealed by the said Michael Neumeister

in our presence and witnessed by us at his request

A M Raven

F. Kurley

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 422)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 422)

Description

[page 422]

[corresponds to labeled page 367 of Will Record Vol. 6 1876 - 1883]

367

Michael Neumeister's Will

Probate of Will

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court Abel M. Raven

and Fred Kurley the subscribing witnesses to the

last Will and Testament of Michael Neumeister deceased

and 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 Michael Neumeister

now deceased is the Will of said deceased, Michael

Neumeister 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 presen-

ce, and that they saw the said Michael Neumeister

deceased, sign and seal said Will and heard

him acknowledge the same to be his last Will

and Testament: and that the said Michael Neumeister

at the making, signing and sealing said Will was

of legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatsoever.

A. M. Rowen

F. Kurley


Sworn to and subscribed in open court this 11"

day of November AD 1881

F. B. Sprague

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 423)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 423)

Description

[page 423]

[corresponds to labeled page 368 of Will Record Vol. 6 1876 - 1883]

368

Philip D. Boston's Will

Nov 11" 1881

On this day the last Will and Testament

of Philip D. Boston was presented and duly

proven and ordered admited to Probate and

Record

F. B. Sprague

Probate Judge

Copy of Will

In the name of our Heavenly Father I Philip

D. Boston in view of the uncertainty of life

and the certainty of death do make and publish

this my last Will and Testament -

Item 1st I direct that at my death all my just debts

and funeral expences be paid by my Executor

out of my Estate

Item 2" I direct that at the death of my son Henry

Boston my estate both personal and real be

sold by my executor at public sale, the terms of

sale to be one half the purchase money in

hand and the ballance in two eaqual anual

payments, to be secured by mortgage on the premises

Item 3d I direct that the money for which my estate

may be sold be eaqualy divided between my

children (if alive or their children if dead) to wit

George Boston, Elizabeth Brightman and Ann

Eliza Boston except as hereafter directed

Item 4th I direct that my daughter Elizabeth Brightman

is to have thirty dollars paid to her before the

division is made

Item 5th I direct that Mary, Martha Brightman daughter

of Elizabeth Brightman be paid one hundred

and fifty dollars out of her Mother's share

Item 6th I direct that Fidelia Boston daughter of Ann

Eliza Boston be paid, one hundred dollars out

of her Mother's share

Item 7th I direct that as my son Soloman owes me

a note of Eighty four 12/100 dollars, and a book account

of eighty nine dollars and has received on his

share one hundred dollars, the amount of the

note and interest at the time of payment and

the receipt and book account, be added to the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 424)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 424)

Description

[page 424]

[corresponds to labeled page 369 of Will Record Vol. 6 1876 - 1883]

369

Philip D. Boston's Will

whole amount of my estate and the same to be

deducted from Solomon's share

Item 8th I direct that at my death Sarah Catharine Boston

daughter of J. B. Boston shall have my bureau and

my red bedquilt

Item 9th I direct that my executor pay the sum of

fifteen dollars to the trustees of the burying

ground where my wife is buried to be expended

in improving the same

Item 10th I direct that my executor cause to be placed

at the graves of my wife myself and my son

Henry suitable tomb stones to be paid for

out of my estate

Item 11th I hereby appoint my son John P. Boston

executor of this my last will and testament -

in witness whereof I have hereunto set my

hand and seal this twenty third day of February

AD 1869

His

Philip D X Boston {Seal}

mark

We E H Dent and Eleazer Carpenter hereby certify

that Philip D. Boston signed the foregoing will

in our presence as his will and that we signed

the same in his presence as witnesses this twenty

third day of February one thousand eight hundred

and sixty nine

E. H. Dent {Seal}

E. Carpenter {Seal}

Probate of Will

The State of Ohio }

Delaware County } SS.

Probate Court

Personally appeared in open Court E H Dent one

of the subscribing witnesses to the last Will and Testam-

ent of Philip D Boston deceased, who being duly sworn

according to law to speak the truth, the whole truth,

and nothing but the truth in relation to the execu-

tion of said Will depose and say that the paper before

them purporting to be the last Will and Testament of

Philip Boston now deceased is the Will of said

deceased, Philip Boston and the said E H Dent further

swears that Eleazer Carpenter now deceased was
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 425)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 425)

Description

[page 425]

[corresponds to labeled page 370 of Will Record Vol. 6 1876 - 1883]

370

present and subscribed the said Will as a

witness in the presence and at the request of

the said Philip D. Boston and that he recognizes

the signature of the said E. Carpenter as in the hand

writing of the said Eleazer Carpenter done at the

execution of said will in his presence and that

he wrote the said will for the said Philip D. Boston

at his request, 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 Philip D. Boston deceased

sign and seal said Will and heard him acknowl-

edge the same to be his last Will and Testament:

that the said Philip D. Boston at the time of

making, signing and sealing said Will was of

legal age and of sound and disposing mind and

memory, and under no undue or unlawful

restraint whatsoever.

E. H. Dent

Sworn to and subscribed in open court this

11th day of November AD 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 426)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 426)

Description

[page 426]

[corresponds to labeled page 371 of Will Record Vol. 6 1876 - 1883]

371
Eva T. Main Will

of each &

Realizing the uncertainty of life I Eva T. Main of Chicago in the county

State of Illinois make this will while in possession of sound mind

and memory this third day of November in the year 1879.

I bequeath all my property real and personal

whatever the same may be in the state of Ohio and Delaware

County to my beloved Mother Mary A Hubbell,

In witness Thereof I set my hand and seal the day and

year above mentioned, in the presence of the persons who have

signed their names at my request as witnesses thereto in the

presents of the testator and presence of each other

Eva T. Main

Ellen Harnkost Milwaukee Milwaukee County Wisconsin

Minnie Harnkost Milwaukee Milwaukee County Wisconsin

Proved and admitted to record in open court

August 24th 1889. J. C. Kinckutockie Probate Judge

Endorsed Will of Eva T. Main filed August 19 1880

Seth F Hauchett, Clk

State of Illinois

Cook County Ss In the probate court of Cook County

Proved and admitted to record in open court this 24th day of

August A.D. 1880 Seth F. Hauchett Clerk


Probate Court of Cook County State

of Illinois. In the matter of the last will and testament

of Eva T. Main, deceased

Testimony of Ellen Harukost & Minnie Harukost

Ellen Harukost Having been duly sworn was named by the

clerk of the court and testified as follows

Q What is your name

A Ellen Harukost

Q Your age

A Twenty years

Q Place of residence

A Milwaukee County, Wisconsin

Q Occupation

A Housekeeper

Q Look at the paper now shown you purporting to be the

last will and testament of Eva T. Main and state

whether your signature is upon it

A This is my signature

Q Who asked you to sign your name to this instrument

A Eva T. Main

Q Who were present at the time you signed your name
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 427)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 427)

Description

[page 427]

[corresponds to labeled page 372 of Will Record Vol. 6 1876 - 1883]

372

Eva T. Main Will

to this paper give their full name

A Eva T. Main Minnie Harukost and myself

Q For what purpose did you sign your name to this paper

A As a witness

Q Did you see Eva T. Main sign her name to this paper

A I did

Q Did Eva T. Main see you sign your name to this paper

A Yes sir

Q Who was present at the time Eva T. Main signed her name

to this paper

A Minnie Hankost Ellen Harukost and herself

Q Who was present at the time you signed your name to

this paper

A The same parties

Q About what date was this paper signed by Eva T. Main

A The Third day of November 1879

Q About how old a lady was Eva T. Main at the time

she signed this paper

A About twenty two years I guess

Q She was over Twenty one years, A Yes sir

Q What was the condition of Eva T. Main's mind and memory

at the time she signed this paper

A She was in good condition of mind

Q Do you think she was of sound mind & memory

A Yes sir

Q Do you know whether Eva T. Main Knew the contents of

that paper

A Yes sir

Q How do you know that

A because she wrote it herself

Q on the right hand side of the first page of this instrument

are the words State of Ohio Delaware County, do you

know whether these were written before this instrument

was signed by the Testatrix

A They were written at the time when she signed it

Q This were written before she signed it

A Before She signed it


Minnie Harukost

Having been duly sworn was named by the clerk of the

court and testified as follows

Q Will you state your name please

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 428)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 428)

Description

[page 428]

[corresponds to labeled page 373 of Will Record Vol. 6 1876 - 1883]

373

Eva T. Main

A Minnie Harukost

Q Your age

A Twenty two

Q Your residence

A Milwaukee County Wisconsin

Q Were you acquaintted with Eva T. Main now deceased in her lifetime

A Yes sir

Q Look at the instrument now shown you purporting to be the last

Will and testament of Eva T. Main and state whether your signature

is upon it

A Yes sir

Q Who wished you to sign your name to this instrument

A Eva T. Main

Q In what capacity did you sign it

A As a witness to the will

Q Who were present at the time Eva T. Main signed her name to this instrument

A Eva T. Main Ellen Harukost & myself

Q Who were present at the time you signed your name to this instrument

A The same parties

Q About when was this instrument executed

A In November 1879

Q About how old a lady was Eva T. Main at the time she signed

her name to this instrument

A About Twenty two as far as I know

Q Did Eva T. Main know the contents of this instrument at the

time she signed it

A Yes sir

Q How do you know she knew the contents

A Because she wrote in the presence of myself and my Sister

Q What was the condition of Eva T. Main's mind and memory

at the time she signed this instrument, do you believe she was

of sound mind and memory at that time

A Yes sir


State of Illinois

Cook County SS Allen Boyer having been duly sworn says

that the foregoing testimony was correctly taken by him in short

hand and that the above is a correct transcript of his short

hand notes thus taken, Allen Boyer

Subscribed and sworn to before me this 20th day of August A.D.

1881 John May

{Seal} Notary Public
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 429)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 429)

Description

[page 429]

[corresponds to labeled page 374 of Will Record Vol. 6 1876 - 1883]

374

Eva T. Main Will

United States of America

State of Illinois

County of Cook SS. Probate Court of Cook County

August Term AD 1880 the 24th day of August A.D. 1880

Court being in session, Present Hon Joshua C. Kruckulocker Judge

of the Probate Court of Cook County

John Hoffman Sheriff of Cook County

Attest Seth F. Hanchett Clerk of the Probate Court of Cook County

In the matter of the last will }

& testament of Eva T. Main deceased } Proof of Will and issue of letters testamentary

This day came Asa D Hubbell of the County of Cook

in the state of Illinois and produced in court an Instrument in writing

purporting to be the last will and testament of Eva T. Main and presented

and filed therewith his petition duly verified praying that said will might

be admitted to Probate, And it appearing to the court from said petition that

Eva T. Main of Chicago in said County departed this life on the Thirtieth

day of March 1880 leaving said writing as and for her last will and

testament and thereupon Ellen Harukost and Minnie Harukost

the subscribing witnesses to said will appeared and in open court on oath

testified that they were present at the execution of said will and saw the

said Eva T. Main sign said will in their presence and heard her declare

the same to be her last will and testament, that they subscribed their names

thereto as witnesses in the presence of and at the request of said testatrix

and in the presence of each that they believe the said testatrix was

of sound mind and memory and of lawful age at the time of

signing said will which testatrix was reduced to writing by a short hand

reporter and a transcript thereof filed with said instrument, the signature

of said witnesses thereto being waived by the court, and it appearing to the court

from said testimony that said will was duly executed and attested according

to law and that the said testatrix was of sound disposing mind and memory and

otherwise competent to make her will at the time of signing the same

it is ordered that said will be received and recorded as the last will and

testament of the said Eva T. Main deceased

State of Illinois

County of Cook Ss Be it remembered that on the first day of March

A.D. 1881 the same being one of the days of the Feb. term 1881 of the Probate

Court of Cook County present thereat, Hon Joshua C. Kinckerlocker Judge

John Hoffman Sheriff Seth T. Hanchet Clerk,

The following among other proceedings were by and before said Court

had and entered of Record, In the matter of the estate of

Eva T. Main dec'd It appearing to the Court that the last will

and testament of Eva T. Main dec'd was duly admitted to

Probate in this court on the 24th day of August 1881

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 430)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 430)

Description

[page 430]

[corresponds to labeled page 375 of Will Record Vol. 6 1876 - 1883]

375

Eva T. Main Will

and that no one is named in said will for the execution thereof

and that Mary P. Hubbell is a fit and lawful person to be

entrusted with the administration of said estate it is therefore

Ordered that upon filing [illegible] her bond in the penal sum of

Thirty thousand dollars conditioned as the law directs said Mary

A. Hubbell be appointed admin'r with the will annexed of

said estate, and that thereupon said Mary A. Hubbell presented

her said Bond duly executed and took and subscribed the oath

of office and the court having examined said Bond it is ordered

that the same be approved & recorded and that letters of administration with the

will annexed on said estate be issued to said Mary A. Hubbell

accordingly.


The petition of Asa C. Hubbell respectfully showeth that he is a

resident of said Cook County Illinois, that on the Seventeenth day of

March A.D. 1880 Eva T. Main of Chicago in said Cook

County departed this life at Ashley Delaware County Ohio

leaving a last will and testament duly signed and attested

as your petitioner believes which he now presents to your honor

for Probate. That said testator in said will nominated your

petition. That said deceased left property and effects as follows

An undivided interest in about Three Hundred and fifty acres

and some money, the exact amount is not known to your

petitioner No executor was appointed in said will and

your petitioner asks that Mary Anne Hubbel may be

appointed administratrix with said will annexed that the

value of the whole estate of said deceased does not exceed

Fifteen Thousand dollars, that said deceased left her surviving

Mary Anna Hubbell her Mother and Arthur B. Main her

Brother and Frank C. Hubbel her half Brother her only heirs

at law That your petitioner resides at No 3423 Indiana

Avenue Chicago Illinois that Mary Anna Hubbell wife

of your petitioner is willing to accept and undertake the

trust confided to her as administratrix with the will annexed

wherefore your petitioner prays that the said will may be admitted

to probate and letters testamentary thereon may be issued to

Mary Ann Hubbell after proper hearing and proof and

that all other orders necessary may be made

State of Illinois Cook County, Asa C. Hubbell being duly sworn says

that he has read the foregoing petition by himself subscribed and knows the

contents thereof and that the same is true Asa C. Hubbell

Subscribed & sworn to before me Seth F. Hanchett Clerk of the Probate Court

of Cook County this 19th day of August A.D. 1880

Seth F. Hanchet, Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 431)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 431)

Description

[page 431]

[corresponds to labeled page 376 of Will Record Vol. 6 1876 - 1883]

376


Eva T. Main Will

Know all men by these presents that we Mary A. Hubbell

Samuel Shoumman and Josiah Stites of County of Cook

and state of Illinois are held and firmly bound unto the

people of the State of Illinois in the penal sum of Thirty Thousand

($30,000) dollars current money of the United States which payment

well and truly to be made we each of us bind ourselves our

heirs executors and administrators jointly severally and firmly

by these presents, witness our hands and seal this 4th day of March

A.D. 1881.

The condition of the above obligation is such that of the above [illegible]

Mary A. Hubbell adm'r with the will annexed of Eva T. Main

deceased do make or cause to be made a true and perfect

inventory of all and singular the goods and chattels rights

& credits lands tenements & hereditaments and the rents and profits

issuing out of the same of the said deceased which have or shall

come to the hands possession or knowledge of the said Mary

A. Hubbell or into the possession of any other person for her

and same so made do exhibit in the Probate Court for the said

County of Cook as required by law and also render and make

a just and fair account of her actions and doings as said

adm'tr with the will annexed to said Court when thereunto lawfully

required and do well and truly fulfill the duties required on

her in and by said will and shall moreover pay and deliver

to the persons entitled thereto all the legacies and bequeaths contained

in said will so far as the said testatrix will thereof unto extend

according to the value thereof and as the laws shall charge her and

shall in general do all other acts which may from time to time

be required of her by law then this obligation to be void otherwise

to remain in full force & virtue. Mary Ann Hubbell,

Approved in open court March Samuel Sherman

4th 1881 Josiah Stiles

J. C. Kinckerlocker Probate Judge

of Cook County

State of Illinois I Seth F. Hanchet Clerk of the

Probate Court of Cook County in the State of Illinois do hereby certify

that Mary A. Hubbell, Samuel Sherman & Josiah Stiles who

are each personally known to me to be the same persons whose names are

subscribed to the foregoing instrument appeared before me this day in person and

acknowledged that they signed sealed and delivered said instrument as their free

and voluntary act for the uses and purposes therein set forth

Given under my hand and seal of said probate court at my office in the city of Chicago

in said Court this 4th day March A.D. 1881, Seth F. Hanchett

Clerk of Probate Court

[out in left margin: {S.S}]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 432)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 432)

Description

[page 432]

[corresponds to labeled page 377 of Will Record Vol. 6 1876 - 1883]

377

Eva T. Main's Will

State of Illinois }

County of Cook } SS Probate Court of Cook County

The people of the State of Illinois

To whom as these presents shall come, Greeting

Know ye that whereas Eva T. Main late

of the County of Cook and State of Illinois died on or about the

Nineteenth day of March 1880 as it is said after having duly made and

published her last will and testament a copy whereof is hereunto annexed

having at the time of her death property in this State which may be lost

destroyed or diminished in value if speedy care be not taken of the same

and inasmuch as it appears that no person has been appointed executor on

and by said will and testament to execute the same and to the

end that since property may be preserved for those who shall appear

to have a legal right or interest therein and that the said will may

be executed according to the request of the said testatrix, we do hereby

appoint Mary A. Hubbell as adms'x with will annexed to collect

and secure all and singular the goods and chattels rights and credits

which were of said Eva T. Main at the time of her

decease in whatsoever hands or possession the same may be found

in this State and well and truly to perform and full fill all

such duties as may be enjoined upon her by the said will so far

as there shall be property and the law charge her and in general

to do and perform all other acts which now or hereafter may be

required of her by law

Witness Seth T. Hanchett Clerk of the Probate Court in

and for said County of Cook and the seal of said Court

this 4th day of March A.D. 1881

Seth F. Hanchet Clerk

State of Illinois }

County of Cook } SS

I Seth F. Hanchett Clerk of the Probate

Court of Cook County in the State aforesaid do hereby

certify that the annexed and within is a true and

correct copy of the last will and testament of Eva T. Main

dec'd and of the testimony of the subscribing witnesses thereto of the

orders of the Probate Court of said Cook County Illinois admitting

said last will to Probate & Granting letters of administration

with the will annexed to Mary A. Hubbell of the petition of

Ada A. Hubbell praying that said will be admitted to Probate and

that letters of administration with the will annexed issue to the said

Mary A. Hubbell of her Bond: and oath of Office as said

administratrix and of the letters issued to her by said

Court and I further certify that I have compared the same
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 433)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 433)

Description

[page 433]

[corresponds to labeled page 378 of Will Record Vol. 6 1876 - 1883]

378

Eva T. Main's Will

with the originals thereof on file and the records of said Probate

Court in my office and caused the same to be exemplified

under the act of Congress

In witness whereof I have hereunto set my hand and affixed

the seal of the Probate Court of Cook County at Chicago in said

County this 22nd day of August A.D. 1881

Seth F. Henchett Clerk

State of Illinois }

County of Cook } SS

I Josua C. Kinickenlocker Probate Judge of Cook

County and State of Illinois do hereby certify that Seth

F. Hanchett Esqr whose name is subscribed to the foregoing certificate

of attestation now is and was at the time of signing and

sealing the same the Clerk of the Probate Court of Cook County

aforesaid and Keeper of the records of seal thereof duly elected

and qualified to Office and that full faith and credit are and

of right ought to be given to all his official acts as such in

all courts of record and its when and that his said attestation

is in due form of law and by the proper officer

Given under my hand and seal at Chicago in said

Cook County this 22nd day of August 1881

John C. Kinickenlocker

United States of America

State of Illinois }

County of Cook } SS

I Seth F. Hanchett Clerk of the Probate

Court of Cook County in the State of Illinois (Said court

being a court of Record) do hereby certify that the honorable

Josua C. Kinickenlocker whose name is subscribed to the annexed

and foregoing Certificate was at the time of the signing thereof

and now is the Probate Judge of said Cook and sole presiding

Judge of said Probate Court duly elected commissioned and

qualified and that his said signature is genuine

In witness whereof I have signed my name and

affixed the seal of said Probate Court at my Office in

the city of Chicago in said Cook County this 22nd

day of August A.D. 1881

Seth F. Hanchett Clerk

{Seal} ]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 434)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 434)

Description

[page 434]

[corresponds to labeled page 379 of Will Record Vol. 6 1876 - 1883]

379

Eva T. Main Will

State of Ohio }

Delaware County } SS

I F. B. Sprague Judge and Ex Officio Cerk

of the Court of Probate in and for said Delaware County do hereby

certify that the foregoing is a true copy of all copies of proceedings

in the Probate court of Cook County Illinois in relation to

the last will and testament of Eva T. Main dec'd

Witness my hand this 7th day of Dec'r 1881

F. B. Sprague Probate Judge

& Ex Of. Clerk of Probate Court
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 435)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 435)

Description

[page 435]

[corresponds to labeled page 380 of Will Record Vol. 6 1876 - 1883]

380

Charles Cappedge Will

January 13th 1882

On this day the last will and testament of

Charles Cappedge late of Orange Township Delaware County

Ohio was presented for Probate and Record, Whereupon

John Bryant one of the subscribing witnesses to said

will appeared and was duly his testimony reduced to

writing and annexed to the will and filed therewith

and afterward John A Bright the other subscribing

witness appeared and was duly sworn by Rufen

Carpenter Deputy Clerk of the Probate Court and his

testimony reduced to writing annexed to the will

and filed therewith: Whereupon the Court being

satisfied that all the heirs of said deceased resident

in the State have had legal notice of the presentation

of said will and the time of hearing of the same, and

that at the time of the execution of said will the

testator was of legal age and of sound and disposing

mind and memory and not under restraint

it is ordered that said will be, and the same

is hereby admited to Probate and Record as the

duly proven last will and testament of Charles

Cappedge dec'd

F. B. Sprague, Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Charles

Cappedge of Orange Township Delaware County Ohio

do make and publish this my last will and

testament

Item 1 I give and devise to my beloved wife Rebecka

Cappedge the farm on which we now reside situate

in Orange Township Delaware County Ohio containing

about four acres of land during her natural

life and all the stock household goods, furniture

provisions and other goods and chattells which

may be thereon at the time of my decease, during

her natural life as aforesaid

Item 2 At the death of my said wife the real estate

aforesaid with all the personal property that may be thereon

at the time of her death I give and bequeath to my

daughters Elizabeth Bryant and Juliett Taylor

Item 3 I do hereby nominate and appoint Rebecka

Coppedge and Rufus Carpenter executors of this my

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 436)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 436)

Description

[page 436]

[corresponds to labeled page 381 of Will Record Vol. 6 1876 = 1883]

381

Charles Cappedge Will

last will and testament hereby authorizing and empow-

ering them to adjust release and discharge in such manner

as they may think proper all debts and claims due to or from

me: I desire that no appraisement and no sale of my

personal property be made, and that the Probate Court

direct the omission of the same in pursuance of the

Statute

Item 4 I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand

and seal this 1st day of January A.D. 1877

his

Charles X Cappedge {Seal}

mark

Signed and acknowledged by said Charles Cappedge as

his last will and testament in our presence and signed

by us in his presence

John Bryant

John A. Bright

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open court John

Bryant one of the subscribing witnesses to the last will

and testament of Charles Cappedge 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 him purp-

orting to be the last will and testament of Charles Cappedge

now deceased is the will of said deceased Charles Cappedge

That John A. Bright was the other subscribing witness to

said will 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 Charles Cappedge deceased sign and seal said

will and heard him acknowledge the same to be his

last will and testament: that the said Charles Cappedge

at the time of making signing and sealing said will

was of legal age and of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever John Bryant

John A. Bright

Sworn to and subscribed in open court by John Bryant this 29

day of November 1881 and by John A Bright this 19th day of December

1881 F. B. Sprague Probate Judge

Rufus Carpenter Deputy Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 437)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 437)

Description

[page 437]

[corresponds to labeled page 382 of Will Record Vol. 6 1876 - 1883]

382

Edgar M. Condit's Will

December 5th 1881

On this day the last will and testament of Edgar M.

Condit dec'd late of Trenton township was presented

for Probate and Record. Whereupon the court being

satisfied that no heirs of said deceased next of kin

were residents of this State and Mrs Jane E Condit the

widow of dec'd being present in Court and giving

her consent to the Probate of said will and Charles A

Pierson and William Pierson the subscribing witnesses

to said will appearing in open Court were duly sworn

their testimony reduced to writing annexed to the

will and filed therewith and it appearing to the

Court from said testimony that at the time of the

executing of said will the testator was of legal age

and of sound disposing mind and memory

and not under undue restraint, it is ordered

by the Court that said will be and the same is

hereby admited to Probate and Record as the duly

proven last will and testament of Edgar M. Condit

dec'd. At the same time came Mrs Jane E Condit

the widow of dec'd and the matter being fully explai-

ned to her, she elected to accept the stipulations of

the will, and the same is now made matter of Record

(See Journal 6 Page 242) F. B. Sprague

Probate Judge

Copy of Will

To whom it may concern Know yea that I Edgar

M. Condit of Trenton Delaware County and State of

Ohio being of sound mind and memory and in

good bodily health do make and disclose this my

last will and testament as follows to wit:

Item 1 I will and direct that my executor

hereinafter named shall pay all my funeral expenses

all my just debts and erect a suitable monument

as hereinafter provided at our graves after our deaths

Item 2 I give and bequeath to my wife Jane E

Condit the use and benefit of the house and about

seven acres of land in the same enclosure during

her natural life it being the residence that we

now occupy being in the township of Trenton afore

said, also the priviledge of getting firewood at the

most convenient point in the woods, I also give
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 438)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 438)

Description

[page 438]

[corresponds to labeled page 383 of Will Record Vol. 6 1876 - 1883]

383
Edgar M. Condit's Will

and bequeath to my said wife the sum of five thousand

Dollars in money, also the one thousand which Charles

Ringer is to pay as per agreement for fifteen acres of

land on which he now lives, I also give to my

said wife all the household furniture remaining

on the premises at the time of my death, and our

family carriage

Item 3 I give and bequeath to my adopted son who

now lives in Calafornia besides what I have already

given him the sum of two thousand dollars. I also

give to his son Fredie Condit in fee simple the

Eighty Acres of land that I purchased from John

Ledlie in Kansas

Item 4th I give and bequeath to Mrs Mary A Robins-

on the sum of one thousand five hundred dollars, and

to her oldest son I give my gold watch

Item 5th I give and bequeath to Mrs Louisa Post wife

of E. J. Post in fee simple thirty acres of land off of the

south end of my Durant farm, situated in Hartford

township Licking County Ohio

Item 6th I give and bequeath to Miss Jane E Dixon

in fee simple the north end of said Durant farm

containing fifty acres, partition line to be parelell

with north and south line, they to take possession

within one year from the time of my death

Item 7th I give and bequeath in fee simple to

Lorenzo Smith Condit my nephew the farm on which

I now live containing about three hundred and

twenty acres of land subject to the life estate of my

said wife to the house and seven acres of land as

above stated with the appurtances, provided he shall

pay to my said wife the sum of two hundred dollars

annaly during her natural life her receipts to be

his voucher on final settlement of my estate. I also

give to my said nephew all the stock and all the farming

utensils on the farm at the time of my death provided

he shall settle my estate and erect a monument at our

graves worth at least five hundred dollars, provide

a good gentle horse for my wife when she want it,

and good cow as long as she wants one, one good hog

annaly, and wheat flour she wants for her own

use during her natural life, my object is that

none of my property shall be sold at public sale

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 439)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 439)

Description

[page 439]

[corresponds to labeled page 384 of Will Record Vol. 6 1876 - 1883]

384


and that said property shall pay the above named

expences

Item 8th I will and direct that my executor

shall in the course of five years or as soon as it

can be done to advantage sell my Dower farm

containing one hundred and ninety three acres

of land and pay to Jenar Condit, the two thous-

and dollars above named and to Mary A. Robinson

one thousand five hundred the remainder to be

paid over to an agent hereinafter named, my

intention is that the use of the house and seven acres

of land, the five thousand dollars, the one thousand

from Charles Ringer, the two hundred to be paid

by Lorenzo S. Condit and the remainder of the dower

farm shall be in lieu of a dower on my estate

Item 9th By request of my wife I do nominate

and appoint Whitfield S. Condit agent for my wife

he to give bonds for the faithful performance of his

duties as trustee, receive all money belonging to my

wife that she may put into his hands or that

may be paid over to him by my Executor and

shall so invest it that the interest shall be paid

annaly and to pay over to her as she may want

Interest or principal, my intention is that she

shall have both interest and principal if she needs

it for her support -

Item 9th I will and direct that after the death of

my said wife whatever may remain in the hands

of the above named agent shall be divided eaqual

among the following named persons, Zenar Condit

or his heirs Mary A Robinson or her heirs Loiza

Post or her heirs, Jane Condit Dixon, Augusta

Nulfard, Emeline Milford, Isabel Mulford, Caroline

Mulford, Eliza Condit wife of Emmarer Condit, Letta

Condit, Jennie Davis widow of Albuerter Davis, if

any of the above named persons should die before

the distribution be made leaving no children

then their share to be divided eaqual among those

then living

Item 10th If any of the above named persons ment-

ioned as receiving a portion of my estate should

commence suit in any court for the purpose

of setting aside this my last will, I will and direct
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 440)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 440)

Description

[page 440]

[corresponds to labeled page 385 of Will Record Vol. 6 1876 - 1883]

385
Edgar M. Condit's Will

that the portion of said individual shall be thaken

from them and divided eaqual among the others

I do hereby nominate and appoint Lorenzo S. Condit

executor of this my last will and testament -

In testimony whereof I have hereunto set my

hand and seal this 26th day of October AD 1881

Edgar M. Condit {Seal}

The above and foregoing instrument was signed

and sealed in our presence, the said Edgar M. Condit

then and there declareing that he signed and sealed

the same as his last will and testament and

wishes us to bear witness to the same

Charles A Pierson

Attest William C. Pierson

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personaly appeared in open Court

Charles A. Pierson and William C. Pierson the subscribing

witnesses to the last will and testament of Edgar M. Condit

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 Edgar M. Condit

now deceased is the will of said deceased Edgar M. Condit

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 Edgar M. Condit deceased, sign

and seal said will, and heard him acknowledge

the same to be his last will and testament: that

the said Edgar M. Condit at the time of making, signi-

ng and sealing said will, was of legal age and of

sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever

Charles A. Pierson

William C. Pierson

Sworn to and subscribed in open Court this 5th

day of December AD 1881

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 441)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 441)

Description

[page 441]

[corresponds to labeled page 386 of Will Record Vol. 6 1876 - 1883]

386

Lyman Main's Will

Feb. 2'd 1882

On this day the last will and testament of Lyman

Main dec'd was presented for Probate and Record, was duly

proved and ordered admitted to record as the duly proven

last will and testament of Lyman Main dec'd

Copy of the Will

In the name of the benevolent Father of all

I Lyman Main of the County of Delaware

and state of Ohio being of sound mind and memory

and of legal age do make and publish this my last

will and testament, hereby revoking all former wills by

me made

I devise and bequeath to my beloved wife Hannah Main

the entire use and controll of all the real and personal

property which I may own at the time of my decease

after the payment of lawful debts and expenses during

her natural life in lieu of her dower, hereby authorizing

her in case it shall be necessary for her support to sell

all or any portion of the real estate of which I may

die possessed

2'd At the death of my said wife Hannah Main, I desire

that the real estate remaining shall belong to my two daughters

Mary Margary Stanton & Lydia Bishop share & share

alike

3'd I desire that my said wife Hannah Main dispose of

my personal property as she deems best for her support

4th As I have heretofore provided for my daughter, Rachael

Main and Almira Ingmire, I desire that no further pay-

ments be made to them, except that of any personal property

or proceeds arising from the same shall remain after the

death of my said wife, then, they the said Rachael Main

& Almira Ingmire shall share equally with the others in the

distribution thereof, but this provision shall not apply to the

proceeds arising from the sale of any real estate

I hereby nominate and appoint my beloved wife

Hannah Main and My daughter Mary M. Stanson

executors of this my last will and testament

The true interpretation and meaning of the foregoing

will is, that my wife Hannah Main shall have absolute

controll for her support during her natural life of all my

property, both real and personal and have power to sell
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 442)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 442)

Description

[page 442]

[corresponds to labeled page 387 of Will Record Vol. 6 1876 - 1883]

387

Lyman Main's Will

the same if necessary to her support and that after her death my

daughters Mary M. Stanson & Lydia Bishop shall share alike

in all said estate or proceeds from the same, and that my

daughters Rachael Main & Almira Ingmire shall share with

my daughters named above in all personal property that does

not arise from the real estate

In witness whereof I have hereunto set my hand and

affixed my seal this day April 27 1881.

Lyman Main {Seal}

Signed sealed and acknowledged by said Lyman Main in

our presence who in his presence and at his request have hereunto

set our hands this 27th day of April 1877

N Martin

Ansel J Main

First Codicil

Whereas I Lyman Main did on the 27th day of April 1877,

make my last will and testament of that date I do now

declare the following to be a codicil to the same

1st I give and devise to my daughter Rachael Main out of the

North East corner of my land Three acres,

2 I give & devise to my grand daughter Clara J Slanson

Twenty acres to be located on my lands wherein three disinterested

Freeholders and not of Kin to any of my heirs shall locate the

same, provided that the location thereof cannot be done by

mutual agreement This bequest is made to said Clara J Stanson

in payment for her services to me

3'd I hereby nominate and appoint N Martin as executor

in conjunction with my said wife and in place of my

daughter Mary M Slawson, In testimony whereof I have

hereunto set my hand and seal this 7th day of June 1879

Lyman Main

Signed & sealed in our presence and in his presence and

by his request this 7 day of June 1879

Ansel J Main

N Martin

2'd Codicil,

Whereas by my will of June 7 1877 I nominated and appointed Nehemiah Martin

executor of the said will I now withdraw said appointment and appoint

Samuel Main as executor of said will, Witness my hand and

seal this day of 1881

Lyman Main {Seal} } See page

Signed in our presence & by us in his presence Ansel J Main } 396

Samuel Main }


[written out along the left side of page: For Proof Turn to page 396]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 443)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 443)

Description

[page 443]

[corresponds to labeled page 388 of Will Record vol. 6 1876 - 1883]

388

William Phillians' Will

December 28th 1881

On this day the last will and testament of William

Phillians late of Radnor township was presented for Probate

and Record and T W Powell and Helena Powell the subs-

cribing witnesses to said will were duly sworn by Rufus

Carpenter Deputy Clerk of the Probate Court at the home of T W

Powell he being unable to appear in open court, their

testimony reduced to writing annexed to the will and

filed therewith, and it appearing to the court, that at the

time of the execution of said will, said Testator was of

legal age and of sound and disposing mind and

memory and not under restraint it is ordered by the

court, that said will be and the same is hereby admited

to Probate and Record as the duly proven last will and

testament of William Phillians dec'd

F B Sprague

Probate Judge

Copy of Will

In the name of God Amen

I William Phillians of Radnor Township in Delaware County

Ohio do hereby make this my last will and testament

as follows to wit: 1st I give bequeath and devise to my

beloved wife Elizabeth Phillians all my estate both real and

personal during her natural life she paying out thereof

all my just debts and funeral expences: and she to have

the use and profits of the said estate during her life time:

and also to use and expend so much of the said estate

as may be necessary, with such use and profits for her

comfortable support during her life time

2nd After the death of my said wife, I give bequeath and

devise all my estate both real and personal that may be

left, to my two sons William P and John E Phillians to be

then eaqualy divided between them share and share

alike: to have and to hold the same to them and their

heirs forever

3rd It is my will that upon my death my wife or my

administratix prove this my will and then without

letters testamentary, proceed to pay all debts and settle up

my estate, pay taxes and during her life manage the property

and estate in the best way she can as above provided

for the benefit of herself and our two sons as above provided

In testimony whereof I have hereunto set my hand

and seal as my will and testament, this sixteenth day
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 444)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 444)

Description

[page 444]

[corresponds to labeled page 389 of Will Record Vol. 6 1876 - 1883]

389

William Phillians Will

of August AD 1878

William Phillians

Signed sealed and declared by the said William

Phillians as his last will and testament in our presence

and we at his request in his presence and in the

presence of each other have signed our names hereto as

witnesses to the same

T W. Powell

Helena Powell

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personaly appeared in open Court

Thos' W Powell and Helena Powell the subscribing witnesses

to the last will and Testament of William Phillians

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 William Phillians now deceased

is the will of said deceased William Phillians, 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 William

Phillians deceased, sign and seal said will, and heard

him acknowledge the same to be his last Will and

Testament: that the said William Phillians at the time

of making, signing and sealing said will, was of legal age

and of sound and disposing mind and memory,

and under no undue or unlawful restraint

whatsoever

T W Powell

Helena Powell


Sworn to and subscribed in open Court this 28th

day of December AD 1881

F. B. Sprague Probate Judge

by Rufus Carpenter Deputy Clerk

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 445)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 445)

Description

[page 445]

[corresponds to labeled page 390 of Will Record Vol. 1876 - 1883]

390

Elizabeth Cowles Will

December 29th 1881

On this day the last will and testament of

Elizibeth Cowles late of Delaware township, was presented for

Probate and Record, and James R Lytle and F W Morrison

the subscribing witnesses to said will appeared in open

court and were duly sworn, their testimony reduced

to writing and annexed to the will and filed therewith

and it appearing to the Court that at the time of the execu-

tion of said will said testator was of legal age and of sound

and disposing mind and memory and not under restra-

int, it is ordered by the Court that said will be and the

same is hereby admited to Probate and Record as the duly

proven last will and testament of Elizibeth Cowles dec'd

F B Sprague Probate Judge

Copy of Will

In the name of the Benevalent Father of All I Elizabeth

Cowles of Delaware County Ohio do make and publish this my

last will and testament

Item II It is my will that all my just debts and funeral

charges be first paid out of my Estate

Item II I give and devise to my daughter Sarah M Dunlap wife

James H Dunlap all my household goods and furniture

Item 3'd I give and devise to my grand son James Harvey

Dunlap eldest son of James H Dunlap and Sarah M Dunlap

all my notes and Mortgages, and all accounts due me,

and all moneys in my possession after paying my just

debts and funeral expences as aforesaid

Item 4th I give and devise to my daughter Emily A Smith

wife of Martin Smith my gold beads

Item 5th I give and devise to my daughter Sarah M

Dunlap wife of James H Dunlap my gold spectacles

Item 6th I do hereby nominate and appoint my grand

son James Harvey Dunlap executor of this my last will

and testament

I desire that no appraisement and no sale of my

property be made and that the Court of Probate direct

the omission of the same in pursuance of the Statute

I do hereby revoke all former wills by me made

In testimony hereof I have hereunto set my hand and

seal this 26th day of July AD 1876

Witness Elizabeth Cowles {Seal}

James A Lytle
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 446)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 446)

Description

[page 446]

[corresponds to labeled page 391 of Will Record Vol. 6 1876 - 1883]

391

Elizabeth Cowles Will

Signed and acknowledged by said Elizibith Cowles

as her last will and testament in our presence and

signed by us in her presence and at her request

James R Lytle

F W Morrison

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personaly appeared in open Court

James R Lytle and T W Morrison the subscribing

witnesses to the last will and testament of Elizabeth Cowles

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 Elizabeth Cowles now

deceased is the will of said deceased Elizabeth Cowles

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 her presence,

and that they saw the said Elizabeth Cowles

deceased, sign and seal said Will, and heard her

acknowledge the same to be her last Will and testament:

that the said Elizabeth Cowles at the time of making,

signing and sealing said Will, was of legal age and

of sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever

James R Lytle

F W Morrison


Sworn to and subscribed in open Court this 29th

day of December AD 1881

F. B. Sprague Probate Judge

Rufus Carpenter Deputy Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 447)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 447)

Description

[page 447]

[corresponds to labeled page 392 of Will Record Vol. 6 1876 - 1883]

392

Barnet Snediker Will

January 25th 1882

On the 16th day of January AD 1882 the last Will and

Testament of Barnet Snediker dec'd was presented for

Probate and Record whereupon A Wheeler one of the

subscribing witnesses to said Will appeared in open

Court was duly sworn and examined his testimony

reduced to writing annexed to the will and filed therewith

Whereupon it appearing to the Court that Thomas Humes

the other witness to said Will is a resident of Independence

in the State of Kansas and cannot be brought before

the Court, it is ordered that a commission with the

will annexed, direct to William Atkinson a judiarour

citizen of said State resident at Independence issue

authorizing the said William Atkinssen to take the

testimony of said Thomas Humer attached duly

sworn, and the said Will returned therewith

At the same time it was ordered that legal notice

be given the widow and heirs of the said Barnet

Snedeker of the presentation of said will for Probate

and now the Court being satisfied that notices had

been served or ordered, and that the testimony of the

said witnesses has been legally taken and attached

to the said will as directed by law, and the court

being further satisfied from said testimony that

at the time of the execution of said will the testator

was of legal age and of sound and disposing mind and

memory and not under restraint, it is ordered

that said will be and the same is hereby admited to

Probate and Record as the duly proven last Will and

Testament of Barnet Snedeker dec'd And it is further

ordered that notice be served on Jane B Snedeker

the widow to make her election under the said Will

within one year from the date of said notice

F. B. Sprague, Probate Judge

Copy of Will

In the name of the Benevolent Father of All

I Barnet Snedeker do make this my last will and

testament in manner and form as follows to wit

Item 1st I do give and bequeath to my beloved wife
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 448)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 448)

Description

[page 448]

[corresponds to labeled page 393 of Will Record Vol. 6 1876 - 1883]

393

Barnet Snedeker Will

Jane B Snedeker all my personal and real estate during

her natural life

Item 2nd I do give and bequeath to my beloved

son William Snedeker 22 acres of land to be taken from

the west end of the farm I reside on, upon the death

of my wife

Item 3rd I do give and bequeath to my well beloved

and eldest son Peter Snedeker 20 acres of land to be

taken from the lot on which I reside east of and

adjoining that willed to my aforesaid William

Snedeker after the death of my wife

Item 4th I do give and bequeath George B Jumper one

Hundred Dollars to be paid to him two years after

the death of my wife should he survive her, if

not then to his wife Ann B Jumper

Item 5th I do give and bequeath to Jane Brown seventy

five dollars to be paid in 3 years after the death of my

wife, should she survive her, if not then paid to her heirs

The aforesaid George B Jumper and Jane Brown being

my grand children, and children of my daughter Maria

Jumper deceased, having paid the said Maria Jumper

Five Hundred and twenty five dollars previous to

her death

Item 6th The aforesaid legacy of One Hundred Dollars

to George B Jumper and of Seventy five dollars to Jane

Brown to be paid by William and Peter Snedeker to wit:

One Hundred to George Jumper to be paid by Peter

Snedeker and the seventy five to Jane Brown to be

paid by William Snedeker

Item 7th The balance of my estate after the death of

my wife to be eaqualy divided between my sons William

Snedeker and Peter Snedeker

Item 8th Should the aforesaid William Snedeker or

Peter Snedeker or George Jumper or Jane Brown

endeavor to break or set aside this will they shall

forfeit all right to whereit any part of my estate

Item 9th I revoke all former wills made by me

Item 20th I nominate and appoint my sons William

and Peter Snedeker executors of this my last will

and testament -

Barnet Snedeker {Seal}

Signed sealed and acknowledged in our presence

and by us subscribed in his presence this 19th day
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 449)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 449)

Description

[page 449]

[corresponds to labeled page 394 of Will Record Vol. 6 1876 - 1883]

394

Barnet Snedeker Will

of July A.D. 1879

Thomas Humes {Seal}

A Wheeler {Seal}


Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open court

A Wheeler one of the subscribing witnesses to the

last will and testament of Barnet Snedeker 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 him purporting to be the last will and

Testament of Barnet Snedeker now deceased is the Will

of said deceased Barnet Snedeker. Thomas Humes

The other subscribing has removed and is now a

resident of Liberty Kansas

He further says that he is acquainted with the signature

of said Thomas Humes, that the signature on the said

Will is the signature of Thomas Humes, that he was

present and see him sign his name, 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 Barnet

Snedeker deceased, sign and seal said Will and heard

him acknowledge the same to be his last Will and Testament

that the said Barnet Snedeker at the time of making signing

and sealing said Will was of legal age and of sound and

disposing mind and memory, and under no undue or

unlawful restraint whatsoever

A Wheeler

Sworn to and subscribed in open court this 16th day

of January A.D. 1882

F. B. Sprague Probate Judge

by Rufus Carpenter Deputy Clerk

Commission

To Take Testimony of Witness to Will

The State of Ohio }

Delaware County } SS

To William Ackersan Greeting

Know Ye, That we in confidence of your prudence
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 450)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 450)

Description

[page 450]

[corresponds to labeled page 395 of Will Record Vol. 6 1876 - 1883]

395

Barnet Snedeker Will

and fidelity, have appointed you, and by these presents

do give you full power and authority to examine and take

the deposition of Thomas Humes subscribing witness to

the last Will and Testament of Barnet Snedeker hereto 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 Thomas Humes

to be brought before you, and then and there to examine

him on oath an affirmation first taken before you touch-

ing the due execution of said Will of the said Barnet

Snedeker and that you reduce such examination to

writing and return the same together with this Commission

and the Will of the said Barnet Snedeker thereto annexed

closed up under your seal, into our said Probate Court

with all convenient speed

In Testimony Whereof I F. B. Sprague Judge of said

Court have hereunto set my hand and affixed the

seal of said Court at Delaware this 16th day of January

A.D. 1882

F. B. Sprague

Probate Judge

Probate of Will


The State of Kansas }

Montgomery County } SS Probate Court

Personally appeared before me

duly appointed a commissioner by the Probate Court of Delaware

County Ohio Thomas Humes the subscribing witnesses to the last will

and Testament of Barnet Snedeker who being duly sworn accor-

ding to law to speak the truth, the whole truth and nothing

but the truth in relation to the execution of said last Will

and Testament of Barnet Snedeker now deceased is the will of

of said deceased Barnet Snedeker: that A Wheeler was the other

subscribing witness: 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 Barnet Snedeker deceased, sign and seal said Will

and heard him acknowledge the same to be his last Will and

Testament: that the said Barnet Snedeker at the time of making

signing and sealing said Will was of legal age and of sound and

disposing mind and memory, and under no undue or unlawful

restraint whatsoever

Thomas Humes

Sworn to and subscribed me this 21st day of January A.D. 1882

William Atkinson

Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 451)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 451)

Description

[page 451]

[corresponds to labeled page 396 of Will Record Vol. 6 1876 - 1883]

396

Lyman Main

Probate of Will

The State of Ohio }

Delaware County } SS

Personally appeared in open court N. Martin

and Ansel J. Main, the subscribing witnesses to the last will

and testament and first codicil thereto of Lyman Main

dec'd Who being duly sworn according to law to speak the truth

in relation to the execution of said will and first Codicil

depose and say that the paper before them purporting to

be the last will and testament & First Codicil of Lyman

Main is the will and 1st Codicil of said deceased Lyman Main

that they were also present and signed the first codicil to said

will that they were present at the execution of said will and

1st Codicil at the request of the testator subscribed their names

to the same as witnesses in his presence and that they saw

the said Lyman Main deceased sign and seal said will

and codicil and heard him acknowledge the same to be his

last will and testament and first codicil and that the said

Lyman Main at the time of making signing sealing of said

will & codicil was of legal age and of sound and disposing

mind and memory and under no undue or unlawful

restraint whatsoever Ansel J. Main

Nehemiah Martin

Sworn to and subscribed in open Court this 2nd day

of February A.D. 1882

F. B. Sprague

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 452)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 452)

Description

[page 452]

[corresponds to labeled page 397 of Will Record Vol. 6 1876 - 1883]

397

Henry W Owings Will

February 25th 1882

This day an instrument of

writing purporting to be the last will and

testament of Henry W. Owings late of Trenton

Township in this County deceased, was

produced in open Court for Probate and it

appeared to the Court that the said Will had

not been deposited in the Court before the

death of the Testator, It is now ordered that

the said will be filed in the Court and that

due notice thereof and of the application to

admit the same to probate and record be

given by Mary C. Owings to Henrietta M.

Huddleston next of kin of the testator, resident

of the State of Ohio, that said application

will be for hearing before the Court on the

3'd day of March A.D. 1882 at 1 oclock P.M.:

Therefore on this day came John Payne and

James Clark the subscribing witnesses to said

Will, who being duly qualified, testified to the

due execution and attestation of said Will:

Which testamony was reduced to writing, by

them respectively subscribed, and filed

with said Will. At the same time came Mary

C. Owings the widow of said Henry W. Owings

and the matter being fully explained to her,

she elected to accept the stipulations of the

Will of her late husband Henry W. Owings

and the same is now made a matter of

record.

Rufus Carpenter

Probate Judge

And afterwards to wit: on the 3'd day of March

A.D. 1882 the findings and orders of this

court relative to the last Will and Testament

of Henry W. Owings deceased were entered on

the Journal in the words and figures

following to wit:

March 3'd 1882

Be it remembered, that heretofore, to

wit: on the 25th day of February A.D. 1882

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 453)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 453)

Description

[page 453]

[corresponds to labeled page 398 of Will Record Vol. 6 1876 - 1883]

398

Henry W. Owings Will

an instrument of writing purporting to be the

last Will and Testament of Henry W. Owings, late

of Trenton Township this County deceased, was

produced in open Court for probate and was

then filed. And it now being shown to the

satisfaction of the Court, that due notice of the

filing of said Will and of the application to

admit the same to probate and record in this

Court has been given to Henrietta M. Huddleston

next of kin of the testator, pursuant to a former

order of this Court: Whereupon the Court finds

that the aforesaid instrument of writing is the

last Will and Testament of said Henry W. Owings

deceased: that the same was duly executed and

attested, that the said testator at the time of

signing the same was of lawful age, of sound

and disposing mind and memory, and under

no undue or unlawful restraint whatsoever:

It is therefore by the Court ordered that the same

Will be admitted to probate and that the same

together with the testimony of the witnesses above

named be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all I

Henry W. Owings be of lawful age and sound mind

do hereby make and publish this my last Will

and Testament

Item 1st To my beloved wife Mary C. Owings I bequeath

after all my just debts are paid, all of my property

both personal and real. The personal property to

dispose of as she may desire. And the real

estate above referred to be hers during the

remainder of her natural life

Item 2nd Upon the death of my said wife I devise that

said real estate shall go to my daughter Henrietta

M. Huddleston and her heirs. And in case the

said Henrietta M. Huddleston should die leaving

no children then I desire that the said real estate

be sold and the proceeds equally divided between

my brothers and sisters or their heirs
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 454)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 454)

Description

[page 454]

[corresponds to labeled page 399 of Will Record Vol. 6 1876 - 1883]

399

Henry W. Owings Will

Item 3'd I hereby nominate and appoint my said

wife to be the executrix of this my last will

Henry W. Owings

Signed sealed and acknowledged }

by him in our presence and by }

us in his presence this 3'd day }

of February A.D. 1882

John Payne

James Clark

Probate of Will

The State of Ohio,

Delaware County SS. Probate Court

Personally appeared in open

Court John Payne and James Clark the

subscribing witnesses to the last Will and Testament

of Henry W. Owings 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 Henry W. Owings

now deceased, is the Will of said deceased

Henry W. Owings, 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 Henry W. Owings deceased, sign and seal

said Will, and heard him acknowledge the

same to be his last Will and Testament: that the

said Henry W. Owings at the time of making

signing and sealing said Will, was of legal age

and of sound and disposing mind and memory

and under no undue or unlawful restraint

whatsoever.

John Payne

James Clark

Sworn to and subscribed in open Court this

25th day of February A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 455)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 455)

Description

[page 455]

[corresponds to labeled page 400 of Will Record Vol. 6 1876 - 1883]

400

Henry W. Owings Will.

The State of Ohio,

Delaware County SS.

I Rufus Carpenter Judge of the Probate

Court within and for said County, hereby certify the

foregoing to be a complete and true copy of the last

Will and Testament of Henry W. Owings deceased, the

same remains on file and record in said Court

together with the entry of Probate thereof, and the

testamony of witnesses to prove the same, as recorded

in Rercord of Wills Vol. 6. Page 397

Witness my official signature, and the

seal of said Court at Delaware this 13th day of March

A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 456)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 456)

Description

[page 456]

[corresponds to labeled page 401 of Will Record Vol. 6 1876 - 1883]

401

Ezra S. Woodward Will

February 16th 1882

On this day an instrument of writing

purporting to be the last Will and Testament of Ezra S.

Woodward late of Troy township in this County deceased,

was produced in open Court for Probate and it appearing

to the court that the said Will had not been deposited

in this court before the death of the testator, It is now

ordered that the said Will be filed in this Court and

that due notice thereof and of the application to

admit the same to probate and record be given by

Zilla Woodward to Amanda J. Woodward, Lavinia

Woodward, Ella Fraster, Zilla Woodward, Laura

Woodward, Ruth A. Ditwiler, G. B. Woodward and L.

D. Woodward next of kin of the testator resident of

the State of Ohio, that said application will be fore

hearing before this Court on the 20th day of February

A.D. 1882 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

February 20th 1882

Be it remembered that heretofore

to wit: on the 16th day of February A.D. 1882 an

instrument of writing purporting to be the last

Will and Testament of Ezra Woodward late of Troy

township of this County, deceased, was produced in

open Court for Probate and was then filed, And it

now being shown to the satisfaction of the Court that

due notice of the filing of said Will and of the

application to admit the same to probate and record

in this Court has been given to Amanda J. Woodward,

Lavinia Woodward, Ella Fraster, Zilla Woodward ,

Laura Woodward, Ruth A. Detwiler, E. B. Woodward, and

L. D. Woodward next of kin of the testator pursuant

to a former order of this Court Therefore on the 17th day

of February 1882 Came Nathan Williams and E. E. Mc-

Elroy the subscribing witnesses to said Will, who

being duly qualified, testified to the due execution

and attestation of said Will: which testimony was

reduced to writing by them respectively subscribed

and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is

the last Will and testament of said Ezra Woodward
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 457)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 457)

Description

[page 457]

[corresponds to labeled page 402 of Will Record Vol. 6 1876 - 1883]

402

Ezra Woodward Will

deceased: that the same was duly executed and attested

that the said Testator at the time of signing the same

was of lawful age of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered that the

said WIll be admitted to probate and that the same

together with the testimony of the witnesses above named

be entered of record in this Court.

Rufus Carpenter

Probate Judge

Copy of Will

I Ezra S. Woodward of Delaware County Ohio do make

and publish this my last Will and Testament

Item 1st I give devise and bequeath to my five daughters

after the payment of the expenses of my last sickness

Physicians bill and funeral expenses are taken out -

to wit: Amanda J. Woodward, Lavinia Woodward,

Ella Fraster and Laura Woodward all that remains

of what may be due me on Policy No 1172 dated

January 21st 1881 in the Jelloway Mutual Aid Association

of Jelloway Ohio, to be equally divided Share and

Share alike between my said five daughters

Item 2'd I give and devise to my daughter Ruth A. Detwiler

my City Organ

Item 3'd I give and devise to my two sons E. B. Woodward and

L. D. Woodward all my carpenter and joiner tools of

every description.

Item 4th All the remainder of my property personal and real

that I may have at my decease I give devise and

bequeath to my daughter Zilla her heirs forever

Item 5th I hereby nominate and appoint my daughter Zilla

Woodward Executrix of this my last Will and testament.

No bonds to be required of her.

In Testimony whereof I have hereunto set my

hand and seal this 14th day of October A.D. 1881

Ezra S. Woodward {Seal}

Signed and acknowledged by

said Ezra S. Woodward as his

last Will and testament in our

presence and signed by us in his

presence Nathan Williams

E. E. McElroy
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 458)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 458)

Description

[page 458]

[corresponds to labeled page 403 of Will Record Vol. 6 1876 - 1883]

403

Ezra S. Woodward Will

Probate of Will

The State of Ohio,

Delaware County SS. Probate Court

Personally appeared in open

Court Nathan Williams the subscribing witness

to the last Will and Testament of Ezra S. Woodward

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

Ezra S. Woodward now deceased, is the Will of said

deceased Ezra S. Williams, 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 Ezra S. Woodward deceased, sign and seal

said Will, and heard him acknowledge the same to be

his last Will and Testament: that the said Ezra

S. Woodward at the time of making signing and

sealing said Will, was of legal age and of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever.

Nathan Williams

E. E. McElroy

Sworn to and subscribed in open Court this

17th day of February, A.D. 1882

Rufus Carpenter

Probate Judge

The State of Ohio

Delaware County SS

I Rufus Carpenter Judge of Probate

Court within and for said County hereby certify the

foregoing to be a complete and true copy of the

last Will and Testament of Ezra S. Woodward

deceased as the same remains on file and record

in said Court together with the entry of probate

thereof, and the testimony of witnesses to prove the

same as recorded in Record of Wills Vol. 6. Page 401

Witness my official signature, and the

seal of said Court at Delaware this 13th day of March, A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 459)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 459)

Description

[page 459]

[corresponds to labeled page 404 of Will Record Vol. 6 1876 - 1883]

404

John C. Newkirk Will

February 14th 1882

This day an instrument of writing purporting

to be the last Will and Testament of John C. Newkirk late

of Orange Township in this County, deeased, was produced

in open Court for Probate and it appeared to the Court

that the said Will had not been deposited in this

Court before the death of the Testator, It is now ordered

that said Will be filed in the Court and that due

notice thereof and of the application to admmit the same

to probate and record be given by Cyrus Newkirk to

Sarah Newkirk the widow and to [Missionrir ?] Goodwig

Alice Hill and Clara Eaton next of kin of the Testator,

resident of the State of Ohio, the said application will

be for hearing before this Court on the 20th day of February

A.D. 1882 at 2 o'clock P.M. And it is further ordered that

notice be served on Sarah Newkirk the widow to make

her election within one year from the date of said

notice

Rufus Carpenter

Probate Judge

February 20th 1882

Be it remembered that heretofore to wit:

on the 14th day of February A.D. 1882 an instrument of

writing purporting to be the last Will and Testament

of John C. Newkirk, late of Orange Township this

County was produced in open Court for probate

and was then filed. And it now being shown to the

satisfaction of the Court that due notice of the filing

of said Will and of the application to admit the same

to Probate and record in this Court has been given to

Sarah Newkirk, Missionria Gooding, Cynus Newkirk

Alice Hill and Clara Eaton next of kin of the

Testator, pursuant to a former order of this Court:

Therefore on this day appeared George Root and J.

Hipple the subscribing witnesses to said Will, who

being duly qualified testified to the due execution

and attestation of said Will: Which testimony was

reduced to writing. by them respectively subscribed

and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is

the last Will and Testament of John C. Newkirk

deceased, and that the same was duly executed

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 460)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 460)

Description

[page 460]

[corresponds to labeled page 405 of Will Record Vol. 6 1876 - 1883]

405

John C. Newkirk Will

and attested, that the said Testator at the time of

signing the same was of lawful age, of sound and

disposing mind and memory, and under no

undue or unlawful restraint whatsoever. It is

therefore ordered by the Court that the said Will

be admited to Probate, and that the same together

with the testimony of the witnesses above named be

entered of record in the Court. At the same time

came Sarah Newkirk the widow of deceased and

accepts the stipulation of the Will of her late

husband and the same is now made a matter

of record. Also at the same time came Cyrus

Newkirk the executor named in the said Will

accepted the execution and gave bonds conditioned

according to law in the sum of Five Hundred

Dollars with E. Abbott and A. B. Fording as sureties

Rufus Carpenter

Probate Judge

Copy of the Will

In the name of the Benevolent Father of all I, John

C. Newkirk do make and publish this my last will

and testament

Item 1st I have no debts to my knowledge but it is my

will that all just charges against my Estate shall

be paid as herein after designated

Item 2'd I give and devise to my beloved wife in lieu of

her dower all my Real Estate consisting of about

one hundred and fifty three acres of land in

Orange Township Delaware County Ohio and

being the homestead farm on which I now reside

during her natural life and all my live stock

household goods furniture provisions and other

goods and chattels which may be thereon or

belonging to me at the time of my decease absolutely

except my farming utensils hereinafter mentioned

and devised to my son Cyrus

Item 3'd I give and devise to my son Cyrus all my

farming utensils and wagons except my single

buggy and buggy harness which buggy and

harness it is my will and intention is to be

included in the chattel property devised to my

wife
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 461)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 461)

Description

[page 461]

[corresponds to labeled page 406 of Will Record Vol. 6 1876 - 1883]

406

John C. Newkirk Will

Item 4th At the decease of my wife I give and devise my said

Real Estate to my said son Cyrus his heirs and

assigns provided however that my son Cyrus to

pay to my daughters Missonrie Gooding Alice Newkirk

and Clara Eaton the sum of three thousand dollars

to be equally divided between them the said sum

of three thousand dollars to be paid in payments

of five hundred dollars per year from my wife's

decease or when he gets possession, with interest at

six per cent. Provided however that if my said

son Cyrus should die before the decease of myself

and wife or either of us then and in that case I

give and devise said Real Estate to my said three

daughters and to the heirs of my deceased son

to wit: one equal share to the heirs of my said

deceased son and one equal share to each of my

said daughters their heirs and assigns forever.

Item 5th In case my wife should die before my decease

then and in that case I give and devise to my

daughters before named all the personal property

goods and chattels aforesaid devised to my said

wife to my said daughters their heirs and

assigns forever.

Itetm 6th It is my will that all just charges against my

Estate shall be paid out of the property herein

devised to my wife and that she pay the annual

taxes upon the Real Estate aforesaid during her

natural life

Item 7th I hereby nominate and appoint my son Cyrus

Newkirk executor of this my last will and testament

hereby authorizing and empouring him to adjust

release and discharge all debts and claims due me

and I desire that no sale or appraisement of my

personal property be made except in case of necessity

to pay charges or debts against my Estate and I devise that

such appraisement under the Statue be omitted and

I hereby revoke all former wills by me made and

executed. In testimony whereof I have hereunto set

my hand and seal this 28th day of May A.D. 1878

Signed and acknowledged by John C. Newkirk {Seal}

said John Newkirk as his last will }

and testament in our presence and }

signed by us in his presence }

George Root }

J. Hipple }

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 462)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 462)

Description

[page 462]

[corresponds to labeled page 407 of Will Record Vol. 6 1876 - 1883]

407

John C. Newkirk Will

Probate of Will.

The State of Ohio

Delaware County SS. Probate Court

Personally appeared in open Court

George Root and J. Hipple the subscribing witnesses to

the last Will and Testament of John C. Newkirk 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 John C. Newkirk now deceased,

is the WIll of said deceased 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 John C. Newkirk

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament;

and that the said John C. Newkirk at the time of

making, signing and sealing said Will, was of legal

age and of sound and disposing mind and memory,

and under no undue or unlawful restraint whatever,

George Root

J. Hipple

Sworn to and subscribed in open Court this

20th day of February, A.D. 1882

Rufus Carpenter,

Probate Judge.

The State of Ohio

Delaware County SS.

I Rufus Carpenter Judge of the Probate

Court within and for said county hereby certify

the foregoing to be a complete and true copy of the

last Will and Testament of John C. Newkirk deceased

as the same remains on file and record in said

court together with the entry of probate thereof, and

the testimony of witnesses to prove the same as

recorded in Record of Wills Vol. 6. Page 404.

Witness my official signature and

the seal of said Court at Delaware this 14th day of

March A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 463)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 463)

Description

[page 463]

[corresponds to labeled page 408 of Will Record Vol. 6 1876 - 1883]

408

Margaret Evans Will

February 9th 1882.

On this day the last Will and Testament

of Margaret Evans deceased was presented for Probate and

Record, Ordered that notice be given to all the heirs of

said deceased and that the testimony touching said

Will will be heard February 11th 1882 at 10 O'clock A.M.

Rufus Carpenter

Probate Judge

February 11th 1882.

Be it remembered that heretofore to wit:

on the 9th day of February A.D. 1882 an instrument of

writing purporting to be the last Will and Testament

of Margaret Evans late of Radnor township this County

deceased was produced in open Court for probate and

was then filed, And it now being shown to the satisfaction

of the Court, that due notice of the filing of said WIll

and of the application to admit the same to probate

and record in this Court, has been given to Elizabeth

Jones, Mary J. Jones, Josephine Jones, Margaret A. Perry

and Maggie Edwards next of kin to the Testator pursuant

to a former order of this Court: Therefore on this day

came W. P. Harman and John A. Cone the subscribing

witnesses to said will who being duly qualified

testified to the due execution and attestation of said

Will. Which testimony was reduced to writing by

them respectively subscribed and filed with said

Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and

Testament of said Margaret Evans deceased: that the

same was duly executed and attested: that the said

Testator at the time of signing the same was of lawful

age, and of sound and disposing mind and

memory, and under no undue or unlawful

restraint whatsoever. It is therefore by the Court ordered

that the said Will be admited to probate and that

the same together with the testimony of the witnesses

above named be entered of record in this Court

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 464)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 464)

Description

[page 464]

[corresponds to labeled page 409 of Will Record Vol. 6 1876 - 1883]

409

Margaret Evans Will

Copy of Will

In the name of the Benevolent Father of All

Amen. I Maggret Evans of Radnor Township, Delaware

County Ohio, being of sound mind and memory

do make and publish this my last Will and

Testament:

Item 1st I will and direct that all my just debts be paid

out of my personal estate.

Item 2'd I give, devise and bequeath to George W. Jones, a

Trustee in trust, for the use hereinafter mentioned,

Real Estate, consisting of the house and lot and

buildings, together with all the privileges and

appurtenances belonging to said real estate, and

the premises purchased by me at Sheriffs Sale in

partition, in the proceedings in the partition of

the estate of P. Mills deceased: said premises being

hereby devised to the said George W. Jones, in trust

for my Grand-daughter Maggie Ora Edwards, child of

my deceased daughter Hannah Edwards, the said

trustee to control said property, for the use and

benefit of said Maggie Ora Edwards, to receive the rents

and profits therefrom, and to expend the said rents

and profits for the care and maintenance of said

Maggie Ora Edwards, until she arrive at the age of

twenty one years, and provided that the father of the

said child, Maggie Ora Edwards, in case he shall

take the care and custody of said child upon

himself, neither he nor any other person whom he

shall arrange with for the purpose, shall receive

from said Trustee any compensation for the care etc

of said child: And in case of the death of said

child Maggie Ora Edwards before she arrive at the

said age of twenty one years without leaving a

child or children of her own, said premises herein

devised to said trustee in trust for said child

Maggie Ora, shall pass to and be vested in my

daughter Josephine Jones or her heirs: but in

case said child Maggie Ora shall live to the said

age of 21 years said premises herein devised shall

be vested in her absolutely, and in case of her

death before arriving at said age of 21 years, if

she leave a child or children said premises shall

be vested in said child or children, so by her left
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 465)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 465)

Description

[page 465]

[corresponds to labeled page 410 of Will Record Vol. 6 1876 - 1883]

410

Margaret Evans Will

Item 3'd I give and bequeath to my said Grand child Maggie Ora

Edwards, The organ which I purchased for her mother's use.

Item 4th I will and direct that the residue of my estate to both

personal and real shall be equally divided between my

said Daughter Josephine Jones or her heirs, and my said

Grand child Maggie Ora Edwards, that is to say to my

said daughter Josephine Jones or her heirs one half

thereof, and to my said grand child Maggie Ora Edwards

one half thereof, the portion or share of my said grand

child to be controlled by said George W. Jones as Trustee:

in the same named, and subject to the same

restrictions as the property devised to said Trustee for

said child in the first item of this will, and in case of

the death of said child Maggie Ora before arriving at

the age of twenty one years, said portion hereby

bequeathed to her, or so much thereof as may remain

in the hands of said Trustee, after paying for her

maintenance etc shall pass to her child or children

if she leave any, and if not, then the same shall















go to my said Daughter Josephine Jones or her heirs.

I do hereby revoke all former wills or parts

of wills by me made and do publish the foregoing as

my last Will and Testament this 31st day of December

A.D. 1877.

her

Margaret X Evans

mark

Signed by the said Margaret Evans in our presence

and declared by her in our hearing to be her last

Will and Testament, and signed by us as witnesses at

her request and in her presence and in the presence of

each otheer, this 31st day of December A.D. 1877.

W. P. Harman

Jno. A. Cone

Probate of Will

State of Ohio.

Delaware County, SS. Probate Court.

Personally appeared in open Court

W. P. Harman and John A. Cone the subscribing

witnesses to the last Will and Testament of Margaret

Evans 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
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 466)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 466)

Description

[page 466]

[corresponds to labeled page 411 of Will Record Vol. 6 1876 - 1883]

411

Margaret Evans Will

them purporting to be the last Will and Testament of

Margaret Evans now deceased, is the Will of said

deceased, that they were present at the execution of said

Will, at the request of the Testatrix, subscribed their

names to the same as witnesses in her presence, and

that they saw the said Margaret Evans deceased, sign

and seal said Will, and heard her acknowledge the

same to be her last Will and Testament; that the

said Margaret Evans at the time of making, signing

and sealing said Will, was of legal age and of sound

and disposing mind and memory, and under no

undue or unlawful restraint whatsoever,

William P. Harman

Jno A. Cone

Sworn to and subscribed in open Court

this 11th day of February A.D. 1882.

Rufus Carpenter

Probate Judge


The State of Ohio

Delaware County, SS.

I Rufus Carpenter Judge of

Probate Court within and for said County hereby

certify the foregoing to be a complete and true copy

of the lat Will and Testament of Margaret Evans, as the

same remains on file and record in said Court

together with the entry of Probate thereof, and the

testimony of witnesses to prove the same, as recorded

in the Record of Wills Vol. 6. Page 408.

Witness my official signature

and the seal of said Court at Delaware Ohio 14th day

of March A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 467)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 467)

Description

[page 467]

[corresponds to labeled page 412 of Will Record Vol. 6 1876 - 1883]

412

Joseph Wells Will

March 20th, 1882.

On this day an instrument of writing

purporting to be the last Will and Testament of Joseph

Wells late of Delaware Township in this county,

deceased, was produced in open Court for Probate

and it appearing to the Court that the said Will

had not been deposited in the Court before the death

of the Testator, it is now ordered that the said Will

be filed in this Court and that due notice thereof

and of the application to admit the same to Probate

and Record be given by Lucinda A. Wells to all next

of kin resident of the State of Ohio that said

application will be for hearing before this Court

on the 25th day of March A.D. 1882, at 2 o'clock P.M.

Rufus Carpenter

Probate Judge


March 25th 1882.

In the matter of the Will of Joseph Wells,

Deceased.

Be it remembered that heretofore to wit: on

the 20th day of March A.D. 1882 an instrument of

writing purporting to be the last Will and

Testament of Joseph Wells, late of Delaware City this

County deceased, was produced in open Court for

Probate and was then filed. And it now being

shown to the satisfaction of the Court, that due

notice of the filing of said Will and of the applica-

tion to admit the same to Probate and Record in

this Court has been given to Mary E. Wells, B. Elmore

Wells, Frank G. Wells, Theadore Wells, Mattie Wells

and Bird Wells next of kin of the testator pursuant

to a former order of this Court: therefore on this

25th day of March came the subscripting witnesses to

said Will who being duly qualified testified to

the due execution and attestation of said Will

which testimony was reduced to writing by them

respectively subscribed, and filed with said Will,

Whereupon, the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Joseph Wells deceased.

That the same was duly executed and attested,

that the said Testator at the time of signing the same

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 468)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 468)

Description

[page 468]

[corresponds to labeled page 413 of Will Record Vol. 6 1876 - 1883]

413

Joseph Wells Will.

was of lawful age, of sound and disposing mind

and memory and under no undue or unlawful

restraint whatsoever. It is therefore by the Court

ordered that the said Will be admitted to Probate

and that the same, together with the testimony

of the witnesses above named be entered of record

in this Court

Rufus Carpenter

Probate Judge

Copy of Will

I Joseph Wells of the City of Delaware, County of

Delaware and State of Ohio, being of full age and

sound mind and memory do make publish and

proclaim this my last Will and Testament, hereby

revoking all Wills and Testament heretofore made or

attempted to be made by me.

1st It is my will that all my just debts, funeral expenses

and the expenses of the Administration of this my last

Will be paid -

2'd I give devise and bequeath all my estate real and

personal to my beloved wife during her natural life

and so long as she shall remain my widow. And it

is my will that my said wife shall have the

absolute disposal of all my personal property as

may be necessary for the support of herself and our

minor children. And it is my will further, that

the personal property should prove to be insufficient

for the comfortable support of my said wife and our

minor children my said wife shall have the power and

right to sell the real estate and I do by the terms of this

my last Will and Testament authorize, empower and

direct that my said wife may convey said real estate

by deed duly executed by her, if it should become

necessary to sell the same for the comfortable support

of herself and minor children, the proceeds of the same

to be used for that purpose.

3'd It is my will that on the decease of my said wife

or when she shall cease to be my widow, all of the rest

and remainder of my estate real and personal shall be

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 469)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 469)

Description

[page 469]

[corresponds to labeled page 414 of Will Record Vol. 6 1876 - 1883]

414

Joseph Wells Will

divided equally among my heirs -

In witness whereof I have hereunto set my hand

and seal this sixth day of February A.D. 1882

Joseph Wells

{Seal}

Signed, sealed and acknowledgged and declared by

Joseph Wells to be his last Will and Testament in our

presence and witnessed by us in his presence and at

his request this 6th day of February A.D. 1882 and we certify

the words "my said wife" interlined in the 13th line from the

top and word "seal" were interlined before said Will was

signed and published by said Joseph Wells

C. A. McElroy

W. H. B. Page

Probate of Will

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court

C. H. McElroy and W. H. B. Page the subscribing

witnesses to the last Will and Testament of Joseph

Wells 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 Joseph Wells now deceased, is the Will of said

deceased Joseph Wells, 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 Joseph

Wells deceased, sign and seal said Will, and heard

him acknowledge the same to be his last Will and

Testament: that the said Joseph Wells at the time

of making, signing and sealing said Will was of

legal age and of sound and disposing mind and

memory, and under no undue or unlawful

restraint whatsoever. C. H. McElroy

W. H. B. Page

Sworn to and subscribed in open Court this 20th

day of March, A.D. 1882

{Seal} Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 470)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 470)

Description

[page 470]

[corresponds to labeled page 415 of Will Record Vol. 6 1876 - 1883]

415

Joseph Wells Will

The State of Ohio }

Delaware County } SS.

I Rufus Carpenter Judge of the

Probate Court within and for said County, hereby

certify the foregoing to be a complete and true copy

of the last Will and Testament of Joseph Wells

deceased as the same remains on file and record

in said Court together with the entry of Probate

thereof, and the testimony of witnesses to prove the

same as recorded in Record of Wills Vol. 6, Page 412

Witness my official signature and the

seal of said Court at Delaware this 27th day of

March A.D. 1882

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 471)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 471)

Description

[page 471]

[corresponds to labeled page 416 of Will Record Vol. 6 1876 - 1883]

416

Bazel Murphy's Will.

In the Matter of the Will of Bagel Murphy, Deceased,

In Probate Court of Delaware County, Ohio

March 20th, A.D. 1882.

This day an instrument of writing purporting to be

the last will and Testament of Bazel Murphy, late of

Delaware Township in this County, Deceased, was

produced in open Court for Probate, and it appearing

to the Court that the said Will had been deposited

in this Court before the death of the testator, it is now

ordered that the said Will be filed in this Court and

that due notice thereof and of the application to admit

the same to probate and record, be given by Charles

S. Murphy, to Manerva Sinkey and Malinda Murphy

next of kin of the testator, resident of the State of Ohio,

that said application will be for hearing before

this Court on the 28th day of March A.D. 1882, at 2

o'clock P.M.

Rufus Carpenter

Probate Judge

And afterwards, to wit: on the 28th day of March A.D.

1882, the findings and orders of this Court relative to

the last Will and Testament of Bazel Murphy dec'd,

was entered on the Journal in words and figures

following, to wit:

Be it remembered that heretofore, to wit:

on the 20th day of March A.D. 1882, An instrument of

writing purporting to be the last Will and

Testament of Bazel Murphy, late of Delaware

Township, this County, deceased, was produced in

open Court for probate, and was then filed. And it

now being shown to the satisfaction of the Court,

that due notice of the filing of said Will and of the

application to admit the same to probate and record

in this Court, has been given to Manerva Sinkey

and Malinda Murphy, next of kin of the testator,

pursuant to a former order of this Court; therefore on

this day came F. B. Sprague and Marnie Pratt

subscribing witnesses to said Will, who being duly

qualified, testified to the due execution and

attestation of said Will: which testimony was reduced

to writing by them respectively subscribed and filed

with said Will Whereupon this Court finds that
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 472)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 472)

Description

[page 472]

[corresponds to labeled page 417 of Will Record Vol. 6 1876 - 1883]

417

Bazel Murphy Will

the aforesaid instrument of writing is the last Will

and Testament of said Bazel Murphy deceased: that

the same was duly recorded and attested: that the

said Testator at the time of signing the same was

of lawful age, of sound and disposing mind and

memory, and under no undue or unlawful

restraint whatsoever. It is therefore, by this Court

ordered, that the said Will be admitted to probate,

and that the same together with the testimony of

the witnesses above named, be ordered recorded in

this Court.

Copy of Will


In the name of the Benevolent Father of all, I Bazel

Murphy of Delaware, Ohio, being of sound mind and

memory do make this my last Will and Testament

revoking all former Wills by me made.

1st My just debts and funeral expenses shall be paid

2'd To my Son William A. I give One Hundred

Dollars having provided for him heretofore all

that he is entitled to, and he has released my

estate.

3'd To my daughter Malinda B. Murphy I give all

my household and kitchen furniture of every

description left at my death to dispose of as

she pleases.

4th The remainder of my property I give and devise

in equal proportions to my daughters Minerva

Sinkey, Malinda B. Murphy and Charles L.

Murphy my son, so as to make each equal

counting what each has received of me.

5th I nominate and appoint Charles L. Murphy

and Malinda B. Murphy to execute this Will and

they shall have power to collect all debts owing

me, to sell all my real estate without orders of

any Court and make deeds for the same. Nor

shall they be required to give bond nor have

appraisement of property. And they shall have

power to compromise any and all claims owing by

or to me. (Interlinations made before signing)
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 473)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 473)

Description

[page 473]

[corresponds to labeled page 418 of Will Record Vol. 6 1876 - 1883]

418

Bazel Murphy Will

In witness whereof I hereunto set my hand and

seal this 20th day of May 1881.

B. Murphy {Seal}

Signed in our presence, who in his presence and by

his request have hereunto set our hands as witnesses.

Marnie L. Pratt

F. B. Sprague

Probate of Will.


The State of Ohio }

Delaware County } SS. Probate Court.

Personally appeared in open Court

F. B. Sprague and Marnie Pratt the subscribing

witnesses to the last Will and Testament of Bazel

Murphy 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

Bazel Murphy now deceased, is the Will of said

deceased, 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 Bazil

Murphy deceased, sign and seal said Will and

heard him acknowledge the same to be his last

Will and Testament: that the said Bazil Murphy

at the time of making, signing and sealing said

Will, was of legal age and of sound and disposing

mind and memory, and under no undue or unlawful

restraint whatsoever.

F. B. Sprague

Marnie L. Pratt

Sworn to and subscribed in open Court this

28th day of March, A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 474)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 474)

Description

[page 474]

[corresponds to labeled page 419 of Will Record Vol. 6 1876 - 1883]

419

Bazil Murphy's Will

The State of Ohio }

Delaware County } SS.

I, Rufus Carpenter Judge of the

Probate Court within and for said County, hereby

certify the foregoing to be a complete and true copy

of the last Will and Testament of Bazel Murphy

deceased, as the same remains on file and record

in said Court together with the entry of Probate

thereof, and the testimony of witnesses to prove the

same as recorded in Record of Wills Vol. 6 Page 415.

Witness my official signature and the

seal of said Court at Delaware this 13th day of

March A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 475)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 475)

Description

[page 475]

[corresponds to labeled page 420 of Will Record Vol. 6 1876 - 1883]

420

L. K. Donavin Will

April 5th, 1882.

This day an instrument of writing purporting

to be the last Will and Testament of L. K. Donavin late of

Delaware Township in this County, Dec'd, was produced in

open Court for Probate and it appearing to the Court that

the said Will had not been deposited in this Court before

the death of the testator, It is now ordered that the said

Will be filed in this Court and that due notice thereof and

of the application to admit the same to Probate and Record be

given by Simpson K. Donavin to John W. Donavin and Sallie

B. Donavin next of kin of the testator, resident of the State

of Ohio. That said application will be for hearing before

this Court on the 6th day of April A.D. 1882. At 10 o'clock A.M.

Rufus Carpenter

Probate Judge

April 6th 1882.

Be it remembered that heretofore to wit: on the

5th day of April A.D. 1882, An instrument of writing

purporting to be the last Will and Testament of L. K.

Donavin late of Delaware Township, this County Dec'd.

was produced in open Court for Probate and was then filed.

And it now being shown to the satisfaction of the Court

that due notice of the filing of said WIll and of the

application to admit the same to Probate and Record in this

Court, has been given to John W. Donavin and Sallie B.

Donavin next of kin of the Testator pursuant to a former

order of this Court, And Abram B. Blymer and C. B.

Branderbury the subscribing witnesses to said Will, who

being duly qualified testified to the due execution and

attestation of said Will: Which testimony was reduced to

writing by them respectively subscribed, and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last WIll and Testament of

said L. K. Donavin, Dec'd. That the same was duly

executed and attested: That the said Testator at the

time of signing the same, was of lawful age, of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever.

It is therefore by the Court ordered that the

said Will be admitted to Probate and that the same

together with the testimony of the witnesses above named

be entered of record in this Court.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 476)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 476)

Description

[page 476]

[corresponds to labeled page 421 of Will Record Vol. 6 1876 - 1883]

421

L. K. Donavin Will.

At the same time came Mary K. Donavin the executrix

named in the said will, accepted the trust and gave

Bonds conditioned according to law in the sum of

Fifty Dollars ($50.00) with Sallie B. Donavin and Simpson

K. Donavin sureties. No inventory or appraisement

required, there being no personal property.

Rufus Carpenter

Probate Judge

Copy of Will

In the name of God. Amen.

I Levi K. Donavin of the city of

Delaware, Delaware County, Ohio, being in good health

and of sound, disposing mind and memory, Praised be

God for the same, and being desirous of settling my

worldly affairs while I have strength so to do, Do

make and publish this my last Will and Testament,

hereby revoking and making void, all former Wills

made by me at any time. And

First, and principally, I, commit my soul to the

hands of my Creator, who gave it, and my body to the

earth, to be interred in a plain manner.

And as to my worldly affairs which it has

pleased God to entrust me with, I dispose of as follows;

My will is after my death, that all my real and

personal estate, with the exception of that part other-

wise disposed of, be sold either by public or private

sale, at the discretion of my executrix hereinafter named,

and whatever time she may think best,

And that all my just debts as shall be by one

owing at my death; shall be fully paid and

satisfied with all my funeral expenses and all

charges as touching the proving or otherwise of this

my Will.

I give all my household furniture and kitchen

furniture to my wife Mary K. Donavin, and all the

net proceeds arising from my property. Should

this not be sufficient for her and Sallie B. Donavin

during her single state then my will is that my

wife may take of the principal as much as will be

necessary for their comfort.

After the death of my wife, I give and bequeath
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 477)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 477)

Description

[page 477]

[corresponds to labeled page 422 of Will Record Vol. 6 1876 - 1883]

422

L. K. Donavin Will

all the household and kitchen furniture in the

possession of my wife, to my daughter Sallie B. Donavin,

absolute; And as much of the net proceeds as will be

for her comfort while she is single. Should she marry

then my will is that She receive from my estate One

Thousand Dollars, $1000.00. She giving my Executrix a

full receipt for one hundred and fifty dollars coming

from me, to her with interest, from her Grandfather

Donavin Estate.

I give and bequeath to my daughter Mary D. Riffey

the one half of what my property in the borough of

Shippensburg Pa. may sell for, for the purpose of the

net proceeds helping to pay as rent, of it she can

purchase a property for that amount of money

during her life then she may do so, and at her

death the principal to be equally divided and one

half I give to Sallie B. Donavin and the other half

to my grand daughter Ada Rippey *(Ada named

want, she is the needy one, L. K. Donavin)

I will and bequeath to my son Simpson

Donavin all the balance of my property for

express use and benefit of daily maintenance and

for no other use or benefit whatever.

I will and bequeath to my son John W. Donavin

one dollar.

I will and bequeath to my son Matthew Watson

Donavin one dollar.

My desire is that no charge be brought against

Mary D. Rippey for rent or other indebtedness of any

kind.

Lastly, I do hereby order and appoint my wife to be

Executrix of this my Will.

In witness my hand and seal this twenty second

day of July of our Lord, One Thousand, Eight hundred

and Seventy nine A.D. 1879.

L. K. Donavin {Seal}

Witness }

B. Murphy }

C. B. Brandebury }

Ab'rm. Blymer }

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 478)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 478)

Description

[page 478]

[corresponds to labeled page 423 of Will Record Vol. 6 1876 - 1883]

423

L. K. Donavin Will

Probate of Will

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court Ab'm.

Blymer and C. B. Brandebury the subscribing witnesses

to the last Will and Testament of L. K. Donavin 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 L. K. Donavin now deceased, is

the Will of said deceased, B. Murphy the other subscribing

witness being dead. 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 L. K. Donavin

deceased, sign and seal said Will and heard him

acknowledge the same to be his last Will and

Testament: that the said L. K. Donavin at the

time of making, singing and sealing said Will was

of legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint

whatsoever.

Abr'm B. Blymer

C. B. Brandebury

Sworn to and subscribed in open Court this 5th day of April A.D. 1882

Rufus Carpenter

Probate Judge

The State of Ohio }

Delaware County } SS.

I Rufus Carpenter Judge of the Probate

Court within and for said County hereby

certify the foregoing to be a complete and true copy of the

last Will and Testament of L. K. Donavin dec'd as the same

on file and record in said Court together with the entry

of Probate thereof, and the testimony of witnesses to prove

the same, as recorded in Record of Wills Vol. 6 page 420.

Witness my official signature, and the seal of

said Court at Delaware this 10th day of April A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 479)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 479)

Description

[page 479]

[corresponds to labeled page 424 of Will Record Vol. 6 1876 - 1883]

424

Rodney Smith's Will

In the Matter of the Will of Rodney Smith, Deceased,

In the Probate Court of Delaware County, Ohio

April 20th A.D. 1882.

This day an instrument of writing purporting to be the

last Will and Testament of Rodney Smith late of Berlin

Township in this County, Deceased, was produced in open

Court for Probate, and it appearing to the Court that the

said Will had not been deposited in this Court before

the death of the testator, it is now ordered that the said

Will be filed in this Court and that due notice thereof and

of the application to admit the same to probate and

record, be given by Ralph Smith to Rosantha Williamson

Albert R. Smith, Lucien D. Smith and Charles E. Smith

next of kin of the testator, resident of the State of Ohio, that

said application will be for hearing before this Court on

the Twenty Second day of April A.D. 1882, at Ten o'clock

A.M.

Rufus Carpenter

Probate Judge

And afterwards to wit: on the Twenty Second day of

April A.D. 1882 the findings and orders of this Court

relative to the last Will and Testament of Rodney Smith

Deceased were entered on the journal in words and figures

following, to wit:

In the matter of the Will of Rodney Smith, Deceased,

April Twenty Second A.D. 1882.

Be it remembered that

heretofore to wit: on the 20th day of April A.D. 1882, An

instrument of writing, purporting to be the last Will and

Testament of Rodney Smith, late of Berlin Township, this

County, Deceased, was produced in open Court for probate

and was then filed. And it now being shown to the

satisfaction of the Court that due notice of the filing of said

Will and of the application to admit the same to probate

and record in this Court; has been given to Rosantha

Williamson, Albert R. Smith, Lucian D. Smith and Charles E.

Smith, next of kin of the testator, pursuant to a former order

of this Court: therefore on this day came James A. Clingan

and Fredrick M. Joy the subscribing witnesses to said Will

and Fredrick M. Joy and Charles M. Jacobs, the

subscribing witnesses to the Codicil to the Same, who being

duly qualified, testified to the due execution and attestation
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 480)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 480)

Description

[page 480]

[corresponds to labeled page 425 of Will Record Vol. 6 1876 - 1883]

425

Rodney Smith's Will

of said Will and Codicil which testimony was reduced to

writing by them respectively subscribed and filed with said

Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

Rodney Smith, Deceased, that the same was duly executed

and attested, that the said Testator at the time of signing

the same was of lawful age, of sound and disposing

mind and memory and under no undue or unlawful

restraint whatsoever. It is, therefore, by the Court ordered, that

the said Will be admitted to probate and that the same

together with the testimony of the witnesses above named

be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all, I Rodney

Smith of Berlin Township Delaware County Ohio, of sound and

disposing mind and memory do hereby make, publish, ordain

and declare this to be my last Will and Testament.

Item 1st I desire that all my past debts and the charges of

administering my Estate be fully paid

Item 2nd I desire that as soon as practicable after my decease all

Estate both real and personal be converted into money

by my Executor hereinafter named

Item 3rd I give devise and bequeath to my daughter Rosantha

Williamson the sum of One thousand Dollars to be paid to

her by my said Executor, as compensation to her for her

services rendered to me since her majority and for her

devotion to my comfort and it to be in addition to her

distributive share of my estate

Item 4th The following amounts have been heretofore paid by my to

my children heretofore named as and by way of

advancements and I hereby approve and confirm

the same as such advancements to the following

named children to wit: To Chancy W. Smith (now deceased)

Twenty One Hundred Dollars ($2100)

To Albert R. Smith by way of trust dec'd for about

Sixty Five Acres of land Twenty Two Hundred dollars ($2200)

To Lucian D. Smith the sum of Thirteen Hundred

dollars
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 481)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 481)

Description

[page 481]

[corresponds to labeled page 426 of Will Record Vol. 6 1876 - 1883]

426

Rodney Smith's Will

To Charles E. Smith the sum of Thirteen Hundred

dollars ($1300)

To Thomas R. Smith the sum of One Thousand

dollars ($1000)

To Ralph Smith the sum of Eleven Hundred

and Fifty Dollars ($1150)

Item 5th. I desire that out of the preoceeds of the sale of my real

and personal property said Lucien D., Charles E., Thomas

R., Rosantha and Ralph, shall each have enough to make

them equal in amount to what I have already given

said Albert R. Smith, to wit:

To Lucien D. Smith the sum of Nine Hundred dollars ($900)

To Charles E. Smith the sum of Nine Hundred dollars ($900)

To Thomas R. Smith the sum of Twelve Hundres dollars ($1200)

To Rosantah Williamson the sun of Twenty Two Hundred

dollars ($2200)

To Ralph Smith the sum of Ten Hundred and Fifty dollars ($1050)

with interest at six percent on each of the above amounts

from the time the respective Legatee become Twenty Four

years of age.

Item 6th. I desire that the amount heretofore received as above

stated by my son Albert R. Smith shall be in full of his

share of my estate and he is not to receive any

more therefrom. The amount advanced to him is by a

trust deed now in the hands of Charles D. Potter Esq. of

Delaware Ohio for about Sixty Five acres of land in Berlin

Township Delaware County Ohio, and south of and

adjoining a tract now owned and occupied by my said

son Charles E. Smith.


Item 7th. All the rest and residue of my estate both real and

personal which shall be first converted into money as

herein after stated, I desire to be equally devided amoung and

between my said children Lucien D. Smith, Charles E. Smith,

Thomas R. Smith, Rosantha Williamson and Ralph Smith

if they shall be living at the time of my death, or should

any be dead or die before the settlement of my said estate

then the share of such one shall go to the heirs of his or

her body.

Item 8th. I do hereby nominate and appoint my son Thomas R.

Smith Executor of this my last Will and Testament hereby

authorizing and empowering him to compromise, adjust and

release and discharge in such manner as he may deem

best the debts and claimes due me and pay all just

debts owning by me, and I do also authorize and empower
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 482)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 482)

Description

[page 482]

[corresponds to labeled page 427 of Will Record Vol. 6 1876 - 1883]


427

Rodney Smith's Will

my said Executor to sell by private sale or otherwise

and on such terms of credit or otherwise as he may

think proper all or any part of my realestate and

deeds therefore to the purchases thereof to execute

acknowledge or deliver in fee simple and out of the

proceeds arising therefrom and from my personal

property to pay the debts, charges and legacies aforesaid.

In testimony whereof I have hereinto set my hand

and seal at Delaware, Ohio this 18th day of April A.D.1881

in presence of James A. Clingan and Fredrick M. Joy.

Rodney Smith {seal}

Signed and acknowledge by said Rodney Smith

as his last will and Testament in our presence and

signed by us as witnesses in his presence, at his request,

on the same day.

James A. Clingan

Fredrick M. Joy

Codicil

Whereas I Rodney Smith of Berlin Township Delaware

County, Ohio, did on the 18th day of April 1881, make and

publish my last Codicil and Testament as herein before

written, do now and hereby make publish and declare this

to be a codicil thereto and a part thereof.

It is my will and desire and I hereby direct that the

legacy and share of my estate in my said Will and

Testament desired and bequeathed to my daughter

Rosantha Willaimson be, and the same is hereby given,

devised and bequeathed to my son Charles E. Smith in

trust for my said daughter Rosantha Williamson such

trustee for her, to receipt for and receive her said legacy

and portion of my said estate from my Executor and to

hold, invest; of my said estate from my Executor and to

hold, invest; manage and account for the same with

profits for the use and benefit of my said daughter and

to invest the principal in real estate or personal securities

as he may think best and proper and deeds or other proper

evidences of indebtedness or ownership, to collect the issues and

profits; and, if he he thinks necessary, the principal or parts thereof,

to pay over to my said daughter from time to time as she

may need the same during her life and at her death

yield what remains thereof to her heirs of her body and

blood or to legally appointed representatives thereof but no part

or portion of said legacy and share is to be given to the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 483)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 483)

Description

[page 483]

[corresponds to labeled page 428 of Will Record Vol. 6 1876 - 1883]

428

Rodney Smith's Will

present husband of said Rosantha Williamson.

In testimony where of I have hereunto set my hand and

seal this 13th day of April A.D.1882

Rodney Smith {seal}

Signed and acknowledged by said Rodney Smith as a

Codicil to and a part of his last Will and Testament in our

presence and signed by us as witness in his presence at his

request on same day. The words "he thinks" between lines 14

and 15 being thereto written before he or we signed our names

hereto.

Fredrick M. Joy

Charley M. Jacobs

Probate of Will

The State of Ohio }
}ss Probate Court
Delaware County }

Personally appeared in open Court

Fredrick M. Joy and J.A. Clingan the subscribing witnesses

to the last Will and Testament of Rodney Smith, 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 Rodney

Smith now deceased, is the Will of said Rodney Smith, 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 Rodney Smith,

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament;

that the said Rodney Smith as the time of making, signing,

and sealing said Will, was of legal age and of sound and

disposing mind and memory, and under no residue or

unlawful restraint whatsoever.

James A. Clingan

Fredrick M. Joy

Sworn to and subscribed in open Court this 22nd Day

of April, A.D.1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 484)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 484)

Description

[page 484]

[corresponds to labeled page 429 of Will Record Vol. 6 1876 - 1883]

429

Rodney Smith's Will

Probate of Will

The State of Ohio }
}ss Probate Court
Delaware County }

Personally appeared in open Court

Fredrick M. Joy and Charley M. Jacobus the subscribing

witness to the Codicil Will and Testament of Rodney

Smith, 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 Codicil to last will and Testament of Rodney

Smith now deceased, is the Codicil to Will of said

deceased, Rodney Smith, 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 Rodney

Smith, deceased, sign and seal the Codicil to said

Will and heard him acknowledge the same to be

his last Will and Testament; that the said Rodney

Smith at the time of making, signing and

sealing said Will was of legal age and of sound

and disposing mind and memory, and under

no undue, or unlawful restraint whatsoever.

Fredrick M. Joy

Charley M. Jacobs

Sworn to and subscribed in open Court this 22nd

day of April A.D.1882

Rufus Carpenter. Probate Judge.

The State of Ohio }
}ss
Delaware County }

I, Rufus Carpenter, Judge of Probate

Court, within and for said County, hereby certify the

foregoing to be a complete and true copy of the last

Will and Testament of Rodney Smith deceased,

as the same remains on file and record in said

Court, together with the entry of probate thereof, and

the testimony of witnesses to prove the same, as recorded

in Record of Will, Vol. 6th Page 424.

Witness my official signature and the seal of said

Court at Delaware, this 12th day of May A.D.1882

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 485)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 485)

Description

[page 485]

[corresponds to labeled page 430 of Will Record Vol. 6 1876 - 1883]

430

Daniel H. Shnyders Will

I, Daniel H. Shnyder, of the town of Philipsburg in the County

of Warren and State of New Jersey, so make and publish this

my last will and testament in manner and form following:

First: I order and direct that all my just debts and funeral

expenses be paid as soon as conveniently may be after my decease.

Second I give, devise and beqeuath unto my beloved wife Mary

Shnyder all my estate, Real, Personal, and Mixed, whatsoever

and wheresoever the same may be at the time of my decease

to have, and to hold, recieve, use and enjoy the rents, interest,

issues, dividends and profits, thereof for, and during the term of

her natural life and from and after the decease of my said

wife, I give, devise and bequeath my said estate unto my children

and to their heirs and legal representatives, share and share

alike.

Third I nominate, constitute and appoint my son Edward Shnyder

sole Executor of this my will

Fourth I hereby revoke, annual and make void all other wills

and Codicils to wills by me at any time heretofore made, and

declare this to be my last will and testament

in witness whereof I have hereunto set my hand and

affixed my seal this Twentyth day of March in the Year of

Our Lord One Thousand Eight hundred and Eighty.

Signed Sealed published and declared

by the said Daniel H. Shnyder to be his

last will and testament; in the presence

of us, who were present at the same time

and subscribed our names as witnesses in Daniel H. Shnyder {seal}

the presence and at the request of the

testator, The word February changed to

March in the last line, first page before

signing

J. S. Stewart

J. O. Blair Reiley

I, Daniel H. Snyder of Philipsburg, New Jersey, do on this

Twenty fifth day of March A.D. One Thousand Eight hundred and

Eighty, make and publish this codicil to my last will and testament

written above and date March 20th 1880 as follows:

First I do ratify my said Will except to far as altered by this

Codicil: As to the share or portion that would fall to and best

in my son Arthur Shnyder, according to the provisions of said Will

I give, devise and bequeath said share or portion to my sons

Edward Shnyder and Peter Shnyder and the survivor of them
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 486)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 486)

Description

[page 486]

[corresponds to labeled page 431 of Will Record Vol. 6 1876 - 1883]

Daniel H Shnyder Will

during the life time of said Arthur In trust nevertheless

that they will take the said share or portion and safely in

out the same in good safe and production recuritied and

pay the interest and income thereof over to Arthur person

ally remianually during the term of his natural life.

shall not be liable for any contracts or debts that maybe

or have been incurred by my said son Arthur and at the

death of Arthur that they will pay said share in portion

or proceeds thereof one to the heirs and legal representitive

of Arthur share and share alike. And further in addition

to my son Edward I nominate constitute and appoint

my son Peter one of the executors of my said will she

shall act with Edward in the settlement of any estate in

carrying out the provisions of my said will and codicle.

In witness whereof I have hereunto set my hand

and seal the day and year aftersaid

Signed sealed published and declared

by the said Daniel H. Shnyder as a codicil D. H Synyder (seal)

to his last will and Testament in presence of

us who were present at the same time and

subcribed our names as witnesses in his presence.

J. S. Stewart

J. P. Blair Reiley
Warren County, ss

Jacob S. Stewart one of the witnesses to the

within Will being duly sworn, did depose and say that he saw

Daniel H. Shnyder the testator wherein named sign and seal

the same, and heard him publish, presence and declare

the within writing to be his last Will and Testament, and

that at the doing there of the said testator was of sound

and disposing mind and memory as far as the deponent

knows and as he verily believes, and that J. P. Blain Riely

the other subscribing witness was present at he same time

and signed his name as witness to the said Will together

with deponent in the presence of the testator and of

each other at the testators request.


Sworn and subscribed at Belidere this 1st day

May A.D. 1882 before me

Martin B. Smartwiller

Surregate














Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 487)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 487)

Description

[page 487]

[corresponds to labeled page 432 of Will Record Vol. 6 1876 - 1883]

432

Daniel H. Shnyder's Will

Warren County SS.

Jacob S. Stewart one of the witnesses to

the within codicil being duly sworn, did depose and say that

he saw D. H. Shnyder, the testator therein named, sign and seal

the same: and he heard him publish pronounce and declare the

within writing to be a codicil to his last Will and testament.

And that at the doing thereof the said testator was of sound and

disposing mind and memory, as far as the deponent knows,

and as he verily believes, and that J. I. Blair Ruby, the other

subscribing witness was present at the same time and signed

his name as witness to the said Codicil together with deponent

in the presence of the testator and of each other at the testators

request.

Sworn and Subscribed at Belvidere this 1st day of May

A.D. 1882 before me.

Martin C. Swartsweller.

Surrogate

Warren County SS.

Edward Shnyder and Peter Shnyder Executors

in the within testament named, being duly sworn, on their

oaths did depose and say that the within instrument contains

the true last Will and Testament and Codicil of Daniel H. Shnyder

the testator therein named, so far as they know and as they

verily believe that they will well and truly perform the same

by paying first the debts of the said deceased, and then the

legacies in the testament specified, so far as the goods, chattels

and credits of the said deceased can thereunto extend; and that

they will make and exibit into the Surrogates Office at Belvidere

in the County of Warren, a true and perfect inventory of all and

singular the goods, chattels and credits of the said deceased, that

have or shall come to their knowledge or possession or to the pos-

session, of any other person for their use and under a just and

true account; when thereunto lawfully required and that said

Daniel H. Shnyder died April 20th A.D. 1882.

Sworn and Subscribed

at Belvidere this 1st day of May A.D. 1882 before me

Martin C. Swartsweller

Surrogate
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 488)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 488)

Description

[page 488]

[corresponds to labeled page 433 of Will Record Vol. 6 1876 - 1883]

433

Daniel H. Shnyder's Will

State of New Jersey }

County of Warren } SS.

I Martin C. Swartsweller Surrogate of

the County of Warren do certify the annexed to be a true

copy of the last will and testament and Codicil of Daniel

H. Shnyder, late of the said County of Warren, deceased, and

that Edward Shnyder and Peter Shnyder, the Executors

therein named, proved the same before me and are duly

authorized to take upon themselves the administration of

the estate of the testator, agreeably to the said will and

Codicil

Witness my hand and seal of office the first

day of May, in the year of our Lord, one thousand eight

hundred and eighty two

Martin C. Swartsweller

Surrogate

State of New Jersey }

Warren County } SS.

I Martin C. Swartsweller, Surrogate

of the County of Warren, do hereby certify the foregoing

annexed to be a true copy from the records of my office

of the last will and testament and Codicil of Daniel H.

Shnyder, deceased and of the probate thereof

Witness my hand and seal of office this tenth

day of May in the year of our Lord one thousand

eight hundred and eighty two

Martin C. Swartsweller

Surrogate

New Jersey }

Warren County } SS.

I, William H. Morrow, Presiding Judge of the

Court of Common Pleas, of the county of Warren in the State

of New Jersey in which County is the office in which the

records mentioned in the foregoing certificate of Martin C.

Swartsweller Surrogate of said County are kept, do certify that

the said foregoing attestation is in due form and by the proper

official

Witness my hand this tenth day of May A.D. 1882.

William H. Morrow

Presiding Judge.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 489)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 489)

Description

[page 489]

[corresponds to labeled page 434 of Will Record Vol. 6 1876 - 1883]

434

Daniel H. Shnyder's Will

New Jersey }

Warren County } SS.

I William L. Hoagland, Clerk of the County of

Warren and Clerk of the Court of Common Pleas of said County

in said State, do hereby certify that William H. Morrow is the


presiding Judge of said Court of Common Pleas and Orphans

Court and that he is duly commissioned and qualified and

that the signature William H. Morrow to the foregoing certificate

is genuine

In witness whereof I have hereunto set my hand

and seal of office this tenth day of May A.D. 1882.

Wm. L. Hoagland

Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 490)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 490)

Description

[page 490]

[corresponds to labeled page 435 of Will Record Vol. 6 1876 - 1883]

435

William F. Smith's Will

June 3rd 1882

In the matter of the lat Will and Testament

of William F. Smith Dec'd.

This day came Carper and VanDeman

counsel for Robt. Blee Esq. the Executor named in the Will

hereinafter referred to and presented to the Court an authentica-

ted copy of the last Will and Testament of Wm. F. Smith and

the order of the Probate Court of Cuyahoga County Ohio admitting

the same to Probate and Record in Cuyahoga County Ohio and

it appearing to the satisfaction of the Court that there is Real

Estate devised by said Will, situated in Delaware County

Ohio. It is ordered and adjudged by the Court that the

said authenticated copy of the said Will and order of

probate be admitted to record in this office and Court

Rufus Carpenter

Probate Judge

Estate of William F. Smith

The State of Ohio } In the Probate Court

Cuyahoga County } SS.

Be it remembered that heretofore to wit: on

the 19th day of August A.D. 1878, at a Probate Court began and

held at the Probate Court Room in the City of Cleveland in said

County, by and before Daniel R. Tuder, Judge of said Court, in

the records of the proceedings of said Court on said 19th day of

August A.D. 1878, there appears among other matters a certain

Journal Entry and which said Journal Entry is in the words

and figures following, to wit:

Estate of } Journal Entry

William F. Smith }

Cleveland } Aug 19th 1878

This day was presented for Probate the last Will and Testament

of William F. Smith, late of the City of Cleveland, County of

Cuyahoga and State of Ohio, dec'd and the testimony of two

of the subscribing witnesses to said Will having been reduced to

writing and signed by said witnesses, and by them sworn to

in open Court; upon examination the Court finds from the

testimony of said witnesses, that the said Testator, at the time

of executing his said will, was of full age, of sound disposing

mind and memory and was not under any restraint and

that said Testator did call upon said witnesses to attest the

due execution of his said Will and that they did sign their
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 491)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 491)

Description

[page 491]

[corresponds to labeled page 436 of Will Record Vol. 6 1876 - 1883]

436

William F. Smith Estate

names as witnesses thereto in the presence of said Testator

and that said testator did sign and acknowledge said

instrument to be his last Will and Testament in the presence of

said witnesses, Whereupon it is considered and held by the Court

that said Will is legally proven, and the same is aproved and

allowed as and for the last Will and Testament of the said William

F. Smith dec'd and the Court orders that said Will be recorded in

the Probate Record of Wills of said County, together with the testimony

and which said Will and the said testimony thereto, are in the

words and figures following to wit:

Last Will and Testament

I William F. Smith, late of Cleveland Ohio, being of sound and

disposing mind and memory but in feeble health and fully

impressed with a knowledge of the uncertainty of human life

do hereby make and publish this my last Will and Testament;

First I will direct and require that from my personal property

not hereinafter devised, my Executor pay all my just debts and

charges against my Estate.

Second I do hereby give and bequeath to my beloved son Frank C.

Smith my Book Case and Library including all such books as

have been kept in said Case. I also give and bequeath to my said

son Frank C. Smith, my gold watch and chain and two guns

Third I do hereby give and bequeath to my beloved daughter Anna

Frances Hurlbett wife of Robert F. Hurlbett my diamond pin

of which I have long had possession

Fourth I do hereby will and direct that my Executor cause the Specific

Articles named in the two foregoing bequests to be delivered to the

legaties as soon as may be after my death

Fifth I do hereby Will, bequeath and direct, that all of my other

property of every kind and nature, whether real or personal or mixed

wherever located or being of which I shall die seized, shall be the same

is hereby given and bequeathed to my son Frank C. Smith and my

daughter Anna Frances Hurlbett in equal and exact proportions

half and half to each and at the time and terms and in the manner

following:

Sixth I will and direct my Executor as such Executor and Trustees

after he shall have carried into effect the three first items of this

Will to hold and control all the property devised in Item Fifth

for the period of Five Years from the probate of this will dividing

and paying to the devisees named in Item Fifth any proceeds

earnings or income of or from said property in any such

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 492)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 492)

Description

[page 492]

[corresponds to labeled page 437 of Will Record Vol. 6 1876 - 1883]

437

William F. Smith's Will

proceeds, earnings or income shall be divided and paid

over at the expiration of each and every six months commen-

cing one year from the probate hereof and continuing

until a final Sale and conversion of said property and

settlement with the devisees. If after the expiration of Five

Years and before the Expiration of Eight years from the

Probate of this Will, my said Executor and Trustee shall be of

the opinion that the interest of the devisees will be permitted

by longer holding any or all of said property, he shall not

sell the same until the expiration of Eight Years, after

which time if requestetd in writing to sell any or all of said

property by either of the devisees herein named, he shall

without delay, proceed and comply with such request, and

my said Executor and Trustee is hereby authorized and

empowered to sell any and all said property at Public

or Private Sale as he may think most conclusive to the

interests of the Legatees and convey the same by deed or

otherwise

Seventh I do hereby nominate and appoint my Esteemed

Friend Robert Blee Executor of and Trustee under this

my last Will, and I do hereby revoke and declare nul and

void any and all former Wills by me made

In Witness whereof, I do hereto set my hand and

affix my seal this 21st day of February A.D. 1878.

William F. Smith {Seal}


Signed sealed and acknowledged by said William F.

Smith as his last Will and Testament in our presence and

and signed by us in his presence and at his request.

Feb 21st 1878

D. H. Beckwith }

S. M. Carpenter } Witnesses

The State of Ohio }

Cuyahoga County } In the Probate Court

Testimony in proof of the last Will and

Testament of William F. Smith dec'd late of the City of

Cleveland in said County.

Wl, D. H. Beckwith and S. M.

Carpenter being duly sworn in open Court depose and

say that the said Testator signed the foregoing last Will

in our presence and that he called upon us to witness the

same as his last Will and that we in his presence signed

the same as such witnesses and we on our oath further
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 493)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 493)

Description

[page 493]

[corresponds to labeled page 438 of Will Record Vol. 6 1876 - 1883]

438

William F. Smith's Will

say that the said Testator at the time of executing said

Will was of full age, of sound mind and memory and was

not under any restraint

S. M. Carpenter

D. H. Beckwith

Sworn to and subscribed before me this 19th day of August

A. D. 1878

Henry N. Johnson

Deputy Clerk

And thereupon came Robert Blee the person named by

said Testator in his said will as the Executor thereof and accepts

said trust; and the Court orderes that said Executor give bond

conditioned according to law in the penal sum of Ten Thousand

dollars with security to be approved by the Court, and the same is

done, and bond filed and approved and letters Testamentary are

issued. A copy of which said Bond and letters testamentary are

hereto attached marked Schedule "A" and "B".

Executors Bond

"Schedule "A",

Know all men by these Presents: That we

Robert Blee as principal and S. M. Carpenter and H. Blee Jr.

as Sureties of the County of Cuyahoga in the State of Ohio are

held and firmly bound unto the State of Ohio in the penal

sum of Ten Thousand Dollars, to the payment of which sum

well and truly to be made to the said State of Ohio, we do bond

ourselves our heirs, executors and administrators, jointly and

severally, by these presence

Sealed with our seals and dated the 19th day of August

in the year One Thousand Eight hundred and Seventy Eight:

The condition of the above Obligation is such that if the

above named Robert Blee, Executor of the last Will and Testament

of William F. Smith dec'd late of Cleveland in the County of Cuyahoga

aforesaid:

1st Shall make and return to the Probate Court within and for

said County, on oath, within Three months, a true inventory of

all the moneys, goods, chattels, and credits of the Testator which are

by law to be administered, and which shall have come to his

possession or knowledge, and also if requested by said Court, an

inventory of the Real Estate of the deceased,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 494)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 494)

Description

[page 494]

[corresponds to labeled page 439 of Will Record Vol. 6 1876 - 1883]

439

William F. Smith's Will

2nd That he shall administer according to law and to

the Will of the Testator all the goods, chattels, rights and credits

and the proceeds of all the Real Estate that may be sold

for the payment of the debts or legacies which shall at

any time come to his possession, or to the possession of any

other person for him: and

3rd Shall render upon oath a just and true account of his adminis-

tration, within Eighteen month and at any other times, when

required by said Court or the Law, and failing to do so

Thirty days after he shall have been notified of the expiration

of the time by the Probate Judge, he shall receive no allow-

ance for services, unless the Court shall enter upon its journal

that such delay was necessary and reasonable: then this obli-

gation shall be void, otherwise it shall remain in full force

and virtue in law.

Robert Blee

S. M. Carpenter

H. Blee Jr.

Letters Testamentary

Schedule "B"

The State of Ohio }

Cuyahoga County } SS.

I Daniel R. Tilden Judge of the

Probate Court within and for said Cuyahoga County in The

name and by the authority of the State of Ohio do by these

presents make known, that in Probate Court at Cleveland, on

the 19th day of August; One Thousand Eight Hundred and

Seventy Eight the last Will and Testament of William F.

Smith, late of Cleveland in said County, dec'd (a copy of

which is hereto annexed) was duly proven and allowed by

said Court: and that the administration of all and singular

the goods, chattels, rights and credits of the said deceased

any way concerning his last Will and Testament was

committed to Robert Blee in the County aforesaid the

Executor in the said Will and Testament named: and

the said Executor shall administer according to law, and

the will of the Testator, all the goods, chattels, rights and

credits; and the proceeds of all the Real Estate that may be

sold for the payment of the debts or legacies which shall at

any time come to his possession, or to the possession of any

other person for his: and: 3rd Shall render up on oath a

just and true account of his administration; within

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 495)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 495)

Description

[page 495]

[corresponds to labeled page 440 of Will Record Vol. 6 1876 - 1883]

440

William F. Smith's Will

Eighteen months, and at any other times when required

by the Court or the Law, and failing so to do for thirty days

after, he shall have been notified of the expiration of the

time by the Probate Judge, he shall receive an allowance

for services, unless the Court shall enter upon its journal that

such delay was necessary and reaasonable

And we do hereby appoint the said Robert Blee Executor

of all and singular the said goods, chattels, rights and credits

which were of the said William F. Smith deceased.

In testimony whereof I have hereunto affixed

the seal of said Court at Cleveland, in said County, Ohio 19th day

of August 1878.

{Seal} Daniel R. Tilden Judge


The State of Ohio } In the Probate Court

Cuyahoga COunty }

I Henry N. Johnson, Clerk of the Probate

Court within and for said County, do hereby certify that the

foregoing is a correct Transcript of the Record in the matter

of the Last Will and Testament of William F. Smith dec'd the proof

taken to said Will, and the order of Court admitting said Will to

probate and the qualifications of Robert Blee as Executor thereof

and I further certify that Schedules A. and B. thereto attached are

correct copies of the original Bond and Letters in this case

And I further certify that I have compared said Transcript

with said Record, and that the same is a correct Transcript - there-

from, and of the whole of said Record. And I further certify

that the Hon. Daniel R. Tilden whose certificate is hereto annexed

is duly commissioned and qualified as Judge of said Probate Court

and is the presiding Judge thereof.

In witness whereof I have hereunto set my hand and

the seal of said Probate Court at the city of Cleveland, in said

Cuyahoga County, this 2nd day of June A.D. 1882.

{Seal} Henry N. Johnson

Clerk Probate Court
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 496)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 496)

Description

[page 496]

[corresponds to labeled page 441 of Will Record Vol. 6 1876 - 1883]

441

William F. Smith's Will

The State of Ohio }

Cuyahoga County } SS.

I Daniel R. Tilden, Probate Judge of

the County of Cuyahoga and State of Ohio, and Presiding

Judge of the Court; do hereby certify that Henry N. Johnson

whose signature appears to the foregoing exemplification and

attestation, is Clerk of the Probate Court of said County, and has

the custody of the records and files of said Court, and that

the said attestation made by him is in due form of law,

and by the proper officer; and that the seal thereto attached

is the seal of said Probate Court

In witness whereof, I have hereunto affixed

{Seal} my name and the seal of my office, at

the city of Cleveland, in said County, this 2nd

day of June A.D. 1882.

Daniel R. Tilden

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 497)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 497)

Description

[page 497]

[corresponds to labeled page 442 of Will Record Vol. 6 1876 - 1883]

442

James L. Shaw

May 6th, 1882.

This day an instrument of writing purporting

to be the last Will and Testament of James L. Shaw, late of

Berlin Township in this County, decd. was produced in open

Court for probate and it appearing to the Court that the said

Will has not been deposited in this Court before the death

of the testator, it is now ordered that the said Will be filed in

this Court and that due notice thereof and the application to

admit the same to probate and record be given to Eliza Cave

next of kin of the Testator, resident of the State of Ohio that

said application will be for hearing before this Court on the

3rd day of June A.D. 1882 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

June 3rd 1882

Be it remembered that heretofore to wit: on the

6th day of May A.D. 1882 an instrument of writing purporting

to be the last Will and Testament of James L. Shaw late of Berlin

Township this County, decd was produced in open Court in

probate and was there filed and it now being shown to the

satisfaction of the Court that due notice of the filling of said

Will and the application to admit the same to probate and

record in this Court has been given to Eliza Cave, next of

kin of the Testator pursuant to a former order of the Court;

therefore on this day it appearing to the Court that the

testimony of S.G. Roloson the only surviving witness to said

Will had been taken by Geo. H. Williamson a commissioner

duly appointed by this Court, who testified to the due execution

and attestation of said Will, which testimony had been reduced

to writing and by him subscribed and filed with said Will.

And also on this day appeared A.M.Rawn and Cicero Coomer,

who after being duly sworn testified that they were well acqnain

ted with the hand writing of B.C. Waters the other subscribing

witness to said will, now Decd. and say that the signature before

them purporting to be the signature of B.C. Waters is the signa

ture B.C. Waters whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said

James L. Shaw that the same was duly executed and

attested: that the said Testator at the time signing the

same was of lawful age, of sound and disposing mind

and memory and under no undue or lawful restraint

whatsoever. It is therefore by the Court ordered that the

Will be admitted to probate and that the same together
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 498)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 498)

Description

[page 498]

[corresponds to labeled page 443 of Will Record Vol. 6 1876 - 1883]


443

James L. Shaws Will.

with the testimony of the witnesses above mentioned

be entered of probate in this Court. At the same time

came William B. Shaw Executor named in said Will

and accepted said trust and gave bond in the sum

of Twenty Four Hundred ($2400) Dollars with B.A. Vining

and J. P. Hammond as surities and was duly

qualified as such Executor no appeaisement of the

personal property being required, the same having been

requested to be omitted by the said Will of James L. Shaw

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all I, James

L. Shaw of the Township of Berlin County of Delaware

and State of Ohio do make and publish this my last

Will and Testaments

Item 1st I have heretofore given to my beloved daughter

Eliza Cave, by deed a piece of land containing Eighty

and one third acres of land lying on the road to

Delaware from Cheshire and along the Rail Road as

and for her portion of my Real Estate, to her and her

heirs.

Item 2nd I will and devise to my beloved son William B

Shaw and his heirs the tract or parcel of land

containing Thirty acres, more or less, lying and being

on the road leading from Cheshire to Delaware, being

the same tract of land bought by me of Sarah Harris

deeded by James Eaton her attorney. Recorded in Vol.33,

Pages 610 and 611, in Delaware County records and being

the place where I now resided with said son W.B. Shaw.

Item 3rd It is my will and desire that after the payment of

all my debts and funeral expenses and expenses of last-

sickness that whatever I may leave in money, shall

be divided as follows, I will and devise that Eliza Cave

shall have one third of the amount that may be left

after settling of all claims as heretofore stated in this

my will in item 3rd, and it is my will and desire that

my Executor herein after named, shall keep whatever there

may be due to said daughter Eliza Cave, as above provided

in this item 3rd invested in whatever manner he may deem

to be best and pay to her anually out of the same, not to

exceed Fifty dollars of the interest in any one year, as long

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 499)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 499)

Description

[page 499]

[corresponds to labeled page 444 of Will Record Vol. 6 1876 - 1883]

444

James L. Shaw's Will

as she shall live, and at her decease whatever may

remain unconsumed to be paid to the heirs of her body

that may then be living.

Item 4th I hereby nominate and appoint my son W.B. Shaw

to be the Executor of this my last will and Testament and

I desire that no appeaisements of my personal property

be made, and that there be no sale of my personal property

and that the Court of probate direct the omission of the

same in pursuance of the Statute. In testimony here of I

have set my hand and seal this 21st day of August

A.D. 1879.
his
James L. X Shaw {seal}
mark

Signed, sealed and acknowledged by said James L.

Shaw as his last Will and Testament in our presence

and signed by us in his presence Aug 21st A.D.1879.

Stephen G. Roloson

B.C. Waters

Commission

To take Testimony of Witness to Will.

The State of Ohio }
}ss.
Delaware County }

To George Williamson, 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 deposi-

tion of Stephen G. Roloson subscribing witnesses to the last

Will and Testament of James L. Shaw hereto 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 Stephen G. Roloson

to be brought before you, and then and there to examine under

oath or affirmation first taken before you, touching the due

execution of said Will of the said James L. Shaw, and

that you reduce such examination to writing, and return

the same, together with this commission and the Will of

the said James L. Shaw thereto annexed, closed up under your

your seal, into our said Probate Court, with all convenient-speed.

In testimony

whereof, I, Rufus Carpenter, Judge of the said Court, have hereunto set

my hand and affixed the Seal of said Court at Delaware this 29th day of

May A.D. 1882 Rufus Carpenter Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 500)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 500)

Description

[page 500 ]

[corresponds to labeled page 445 of Will Record Vol. 6 1876 - 1883]

445

James L. Shaw Will

The State of Ohio }
}ss.
Delaware County }

Personally appeared in open Court, A.M.

Rawn and Cicero Coomer, who being duly sworn

according to law depose and say that they are well

acquainted with the signature to said Will is the signature

of said B.C. waters according to the best of their knowledge

and belief.

A.M. Rawn

Cicero Coomer

Sworn to and subscribed in open Court this

3rd day of June A.D. 1882.

Rufus Carpenter

Probate Judge.

The State of Ohio }
}ss.
VanWert County }

Personally appeared before me, a commis-

sioner duly appointed by the Probate Court of Delaware County

Ohio, Stephen G. Roloson, one of the subscribing witnesses to the

last Will and Testament of James L. Shaw, deceased, who

being duly sworn according to law to speak the truth the

whole truth and nothing but the truth, in relation to the exe-

cution of said Will, depose and say, that the paper before them

purporting to be the last Will and Testament of James L. Shaw

now deceased, is the Will of said deceased, James L. Shaw,

that B.C. Waters the other witness whose signature he recog

nizes, but who is now deceased, that he saw the said B.C.

Waters sign his name that they were present at the execution

of said Will at the request of the Testator, subscribed their

names to the same James L. Shaw, deceased, sign and deal said

Will, and heard him acknowledge the same to be his last

Will and Testament: that the said James L. Shaw, at the time

of making, signing and sealing said Will, was of legal age

and of sound and disposing mind and memory, and

under no undue or lawful restraint whatever.

S.G. Roloson

Sworn to and subscribed in open Court this 26th day of

May A.D. 1882

George Williamson

Commissioner
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 501)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 501)

Description

[page 501]

[corresponds to labeled page 446 of Will Record Vol. 6 1876 - 1883]

446

Barbara Reichert's Will

May 29th 1882

In the matter if the Will of Barbara Reichert's

Deceased.

In the Probate Court of Delaware County, Ohio,

This day an instrument of writing purporting to be the last

Will and Testament of Barbara Reichert's late of Delaware

Township in this County decd. was produced in open Court

for probate and it appearing to the Court that the said Will had

not been deposited in this Court before the death of the Testatore, it

is now ordered that the said Will be filed in this Court and

that due notice there of and of the application to admit the

same to probate and record be given by Fredrick Reicherts to

Christina Marguart, Samuel Reicherts and John C. Reicherts;

next of kin of the Testator, residents of the State of Ohio, that

said application will be for hearing before this Court on the

6th day of June 1882 at 11 o'clock A.M.

Rufus Carpenter

Probate Judge.

June 6th 1882.

Be it remembered that heretofore to wit: on the

29th day of May A.D. 1882 an instrument of writing purporting

to be the last Will and Testament of Barbara Reichertts deceased, late

of Delaware Township in this County, was produced in open Court

in probate and was then filed and it now being shown to the

satisfaction of the Court that due notice of the filing of said

Will and of the application to admit the same to probate and

record in this Court has been given to John C. Reicherts;

Samuel E. Reicherts and Christina Marguett, next of kin of

the Testator pursuant to a former order of this Court; therefore

on this day C.G. Renner and T.B. Sprague the subscribing

witnesses to said Will, who being duly qualified, testified to the

due execution and attestation of said Will, which testimony

was reduced to writing, by them respectively subscribed and

filed with said Will: whereupon the Court finds that the afore

said instrument of writing is the last Will and Testament of

said Barbara Reichert's deceased; that the same was duly

executed and attested; that the said Testator at the time of

signing and the same was of lawful age, of sound and

disposing mind and memory and under no undue or un-

lawful restraint whatsoever. It is therefore by the Court ordered

that the said Will be admitted to probate, and that the same

together with the testimony of the witnesses above named be

entered of record in this Court. Rufus Carpenter Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 502)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 502)

Description

[page 502]

[corresponds to labeled page 447 of Will Record Vol. 6 1876 - 1883]

447

Barbara Reichert's Will

Copy of Will

In the name of the Benevolent Father of all.

I, Barbara Reicherts of Delaware, Delaware County

Ohio, being of sound mind and memory and devising

to make dispostion of my affairs before death, so that

no trouble may arise afterwards, do make and publish

this my Last Will and Testament.

1st I desire all my debts and funeral expenses paid.

2nd Whereas Christina Marguart, Samuel Reichert, John

C. Reicherts, my children have each recieved from the

Estate of Tobias Reicherts, my deceased husband the sum

of $1073. and my son Fredrick Reicherts has not received his

share. I desire and hereby devise and bequeath to him, my

said son Fredrick, the said sun of ($1075.) One Thousand

and Seventy Five Dollars, with interest from the date of the

settlement of my said husbands Estate, out of any money

or property, I may leave at my death.

3rd After the payment of the above mentioned bequest

with the interest as stated, all the residue of my property

I direct shall be devided equally between my said four

children, or their heirs in case of the death of either of

them, except there shall be deducted from the shares of

Christina Marguart and Samuel Reicherts, the sum of

($25.) Twenty Five Dollars each, which said sums, so deducted

shall be paid to my said son Fredrick Reicherts, being

their proportion of the costs of administering the Estate of

my deceased husband, and due to the said Fredrick

Reicherts.

In testimony where I have hereunto set my hand

and affixed my seal, this the 11th day of May A.D. 1880.

Barbara Reicherts {seal}

The foregoing instrument was written in the presence

of the said Barbara Reicherts and Christian F. Renner

and T. B Sprague in the office of the Probate Court; was

translated into german by the said Christian F. Renner and

signed by the said Barbara Reicherts in our presence, she

dictating the contents thereof and signed by us in her presence

and at her request, this 11th day of May A.D. 1880

C. O. Renner

F. B. Sprague
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 503)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 503)

Description

[page 503]

[corresponds to labeled page 448 of Will Record Vol. 6 1876 - 1883]

448

The State of Ohio)

Delaware County)

Personally appeared in open court F. B.

Sprague and P. F. Renner The subscribing witnesses to the last

Will and Testament of Barbara Richards deceased she bring

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 pur

porting to be the last Will and Testament of Barbara Richards

now deceased is the Will of said deceased that they were

present at the excution of said Will, at the request of the Testator,

subscribed other names to the same as witnesses in her presence

and that they saw the said Barbara Richards deceased sign

and seal said Will, and heard key acknowledge the same to

be her last Will and Testament, that the said BBarbara Richards

at the time of making signing and sealing said Will was

of legal age and of sound and disposing mind and mem-

ory, and under no undue on unlawful restraint whatsover.

C. F. Renner

F. B. Spraue

Sworn to and subscribed in open Court this 6th day

of June R. B. 1882.

Rufus Carpenter

Probate Judge


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 504)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 504)

Description

[page 504]

[corresponds to labeled page 449 of Will Record Vol. 6 1876 - 1883]

449

Lucinda Jordan Will

May 25th 1882

In the matter of the will of Lucinda Jordan

Deceased.

This day an instrument of writing purporting to

be the last Will and Testament of Lucinda Jordan, late of

Kingston Township, in this County, deceased, was produced

in open Court for Probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testator, it is now ordered that the

said Will be filed in this Court and that due notice

thereof and of the application to admit the same to

Probate and Record be given by Orlando C. Jordan to

Rosalinda Worthing, James M. Jordon, Fidelia Jordon

and Ana J. Huffs next of kin of the testator resident

of the State of Ohio, that said application will be fore

hearing before this Court on the 17th day of June A.D. 1882

at 11 o'clock A.M.

Rufus Carpenter

Probate Judge.

June 17th 1882

Be it remembered that heretofore to wit:

on the 25th day of May A.D. 1882 an instrument of writing

purporting to be the last Will and Testament of Lucinda

Jordan late of Kingston Township this County, was

produced in open Court for Probate and was then filed

and it now being shown to the satisfaction of the Court; that due

notice of the filing of said Will and of the application to

admit the same to Probate and Record in this Court has

been given to Rosalinda Worthing, James M. Jordan

Fidelia Jordon and Ana H. Huff next of kin of the

Testator pursuant to a former order of this Court; therefore

comes J.L. Davy and D.E. Bricker, the subscribing

witnesses to said Will who being duly qualified testified

to the due execution and attestation of said Will, which

testimony was reduced to writing by them, respectively

subscribed and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said Lucinda Jordan deceased,

that the same was duly executed and attested, that

the said Testatrix at the time of signing the same

was of lawful age, of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever. It is therefore by the Court order that the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 505)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 505)

Description

[page 505]

[corresponds to labeled page 450 of Will Record Vol. 6 1876 - 1883]

450




Lucinda Jordans Will.

Said will be admitted to probate, and that the same

together with the testimony of the witnesses above named

be entered of record in this Court

Rufus Carpenter

Probate Judge


Copy of Will

In the name of the Benevolent Father of all, I, Lucinda

Jordan of Delaware County, Ohio and of sound mind and

memory, do make and publish this my last Will and

Testament

Item 1st

I give and bequeath to my son Orlando C. Jordan

and his heirs, my House and Lot on which I now reside

situated in Kingston Township Delaware County Ohio

and being a part of Lot No fourteen (14) Township Five (5)

Section Four (4) and Range Seventeen (17) Bounded and

described as follows, Beginning at South West corner of

said Lot No 14, running thence North about Nineteen (19)

rods - thence East Sixteen (16) rods - thence South Nineteen

(19) rods - thence West along South line of said Lot No 14 to place

of beginning, containing one acre and one hundred and

thirty two (132) rods of land, with all the buildings and

appurtinances thereunto belonging =

2nd

I do also give and bequeath to my said son

Orlando C. Jordan, all my personal property and effects

of every kind and discription, which I may have at my

decease, including all furniture and all household and

kitchen furniture, also all beds and bedding, Stoves, dishes

and all books and family pictures.

I desire and direct that he pay all of my just debts

and funeral expences

I desire that no appraisement and no sale of my personal

property be made, and that the Court of Probate direct the

omission of the same in pursuance of the Statute

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand

and seal 21st day of February A.D. 1882
her
Lucinda X Jordan
mark

Signed and acknowledged by said

Lucinda Jordan as her last Will and Testament in our

presence, and signed by us in her presence

J.L. Davy

D.E. Bricker
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 506)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 506)

Description

[page 506]


[corresponds to labeled page 451 of Will Record Vol. 6 1876 - 1883]


451

Lucinda Jordans Will

The State of Ohio}

Delaware County }SS.

Personally appeared in open Court J.L.

Davy and D.E. Bricker the subscribing witnesses to the last

Will and Testament of Lucinda Jordan 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 Lucinda Jordan now deceased, is the Will of said

deceased Lucinda Jordan, that they were present at the

execution of said Will, at the request of the Testatrix, subscribed

their names to the same as witnesses in her presence,

and that they saw the said Lucinda Jordan, deceased,

sign and seal said Will, and heard her acknowledge

the same to be her last Will and Testament, that the said

Lucinda Jordan at the time of making, signing and

sealing said Will, was of legal age and of sound and

disposing mind and memory, and under no undue or

unlawful restraint whatsoever

J.L. Davy

D.E. Bricker

Sworn to and subscribed in open Court this

25th day of May A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 507)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 507)

Description

[page 507]

[corresponds to labeled page 452 of Will Record Vol. 6 1876 - 1883]

452

Michael O'Keefe Will

June 20th 1882.

In the matter of Michael O'Keefe, Deceased.

This day an instrument of writing purporting to be the last

Will and Testament of Michael O'Keefe late of Brown Town-

ship in this County, Deceased, was produced in open Court

for probate, and it appearing to the Court that the said

Will had not been deposited in this Court before the death

of the Testator, it is now ordered that the said Will be filled

in this Court, and that due notice thereof, and of the application

to admit the same to probate and record be given by James

D. O'Keefe to John O'Keefe, Sarah O'Keefe, Mary Mangaen,

Winnie Neilson, Michael O'Keefe and Winnie O'Keefe, next of

kin of the Testator resident of the state of Ohio, that said

application will be for hearing before this Court, on the 23rd

day of June A.D. 1882 at 2 oclock P.M.

Rufus Carpenter

Probate Judge


June 23rd 1882.

Be it remembered that heretofore to wit: on

the 20th day of June A.D. 1882. an instrument of writing

purporting to be the last Will and Testament of Michael

Keefe late of Brown Township in this County deceased, was

produced in open Court for probate and was then filed, and

it now being shown to the satisfaction of the Court, that due

notice of the filing of said Will, and of the application to admit

the same to probate and record in this Court has been given

to John O'Keefe, Sarah O'Keefe, Mary Mangaen, Winnie

Neilson, Michael O'Keefe and Winnie O'Keefe, next of kin of

the Testator pursuant to a former order of this Court; therefore

on this day came Silas W. Fowler and Jeremiah Lynch the

subscribing witnesses to said Will, who being duly sworn, testified

to the due execution and attestation of said Will, which testimony

was reduced to writing, by them respectively subscribed and filed

with said Will, whereupon the Court finds that the aforesaid

instrument of writing in the last Will and Testament of said

Michael Keefe deceased, that the same was duly executed and

attested: that the said Testator at the time of signing the same

was of lawful age and of sound and disposing mind and

memory and under no undue or unlawful restraint what-

soever. It is therefore by the Court ordered that the said Will be

admitted to probate and that the same together with the testimony of

the witnesses above named be entered of record in this Court

Rufus Carpenter Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 508)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 508)

Description

[page 508]

[corresponds to labeled page 453 of Will Record Vol. 6 1876 - 1883]

453

Michael O'Keefe Will

Last Will and Testament of Michael Keefe

On this 7th day of June in the Year of our Lord One

Thousand Eight Hundred and Eighty Two, I Michael

Keefe conscious that I am of sound and disposing mind

do make and publish this my last Will and Testament

Item 1st

I do give devise and bequeath unto brother John

Keefe the sum of One Hundred Dollars in addition to

requests hereinafter to be made

Item 2"

I give devise and bequeath unto my affection-

ate niece Sarah Keefe to be her absolutely the sum

of Three Hundred Dollars

Item 3"

I give devise and bequeath unto my affectionate

niece Minnie Nelson, to be hers absolutely, the sum of

One Hundred Dollars

Item 4"

I give devise and bequeath unto my affectionate

niece Mary Mangaen to be hers absolutely, the sum of

One Hundred and Fifty Dollars

Item 5"

I give devise and bequeath to the Priest who shall

be in charge of the St Mary's Catholic Church at the time

of my decease, the sum of One Hundred for Masses.

Item 6"

I give devise and bequeath unto my brothers little

grand children, Michael Keefe and Minnie Keefe

children of Michael Keefe Decd each the sum of One

Hundred Dollars to be paid to them when they come

of age, no interest to be paid on the same

Item 7"

After the payment of the bequests herein before made

and the payment of my funeral expenses, I give will

and bequeath unto my affectionate nephew James D.

O'Keefe son of my brother John Keefe the residue of my

estate, whether real or personal and of whatsoever kind

the same may be in at my decease. And it is my will

and wish that my said nephew James D. O'Keefe pay

off and discharge the bequests herein before made.

When the remainder of my estate is to be his absolute

ly as herein before stated. And I give unto my brother

John Keefe in addition to the bequest herein before made

a home, so long as he shall live with my said nephew

James D. O'Keefe

I wish my said nephew James D. O'Keefe to provide

my said brother a comfortable home so long as he shall

live and at his decease to give for masses the sum of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 509)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 509)

Description

[page 509]

[corresponds to labeled page 454 of Will Record Vol. 6 1876 - 1883]

454

Michael O'Keefe's Will

one Hundred Dollars.

in testimony whereof I have hereunto

set my hand and seal on this Seventh day of June A.D. 1882
his
Michael X Keefe
mark

Signed, sealed and acknowledged by the said Michael Keefe

to be his last Will and Testament in our presence and at his

request and in his presence and in the presence of each

other. Signed by us as witnesses thereto

Jeremiah Lynch

Silas W. Fowler


The State of Ohio}

Delaware County }SS

Personally appeared in open Court Silas

W. Fowler and Jeremiah Lynch the subscribing witnesses to

the last Will and Testament of Michael Keefe 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 Michael

Keefe now deceased, is the Will of said deceased, Michael

Keefe, 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 prisince, and that they saw the said

Michael Keefe, deceased, sign and seal said Will, and heard

him acknowledge the same to be his last Will and Testament

that the said Michael Keefe at the time of making

signing and sealing said Will, was of legal age and

of sound and disposing mind and memory, and under

no undue or unlawful restraint whatsoever.

Silas W. Fowler

Jeremiah Lynch


Sworn to and subscribed in open Court this 23" day of

June A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 510)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 510)

Description

[page 510]

[corresponds to labeled page 455 of Will Record Vol. 6 1876 - 1883]

455

Elizabeht Collums Will

May 30" 1882

In the matter of the Will of Elizabeth Collum

Deceased: In the Probate Court of Delaware County Ohio.


This day an instrument purporting to be the last Will

and Testament of Elizabeth Collum late of Brown Town-

ship in this County decd, was produced in open Court for

probate and it appearing to the Court that the said

Will had not been deposited in this Court before the death

of the Testator, it is now ordered that the said Will be filed

in this Court and that due notice thereof and of the

application to admit the same to probate and record be

given by Zenas White to Fisher White and Ella Kent next of

kin of the Testator resident of the State of Ohio that said

application will be for hearing before this Court on the

15" day of June A.D. 1882 at 11 oclock A.M.

Rufus Carpenter

Probate Judge

June 27" 1882.

Be it remembered that heretofore to wit: on the

30" day of May A.D. 1882 an instrument of writing pur-

porting to be the last Will and Testament of Elizabeth Col-

lum, late of Berlin Township this County decd was pro-

duced in open Court for probate and was then filed

and it now being shown to the satisfaction of the Court

that due notice of the filing of said Will and of the

application to admit the same to probate and record

in this Court has been given to Fisher White, Zenas White

and Ella Kent, next of kin of the Testator pursuant to a

former order of this Court: thereupon afterwards came Jackson

Hipple and Bill Dunham the subscribing witnesses to said

Will who being duly qualified, testified to the due execution

and attestation of said Will which testimony was reduced

to writing, by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of the

said Elizabeth Collum decd, that the same was duly exe-

cuted and attested: That the said Testator at the time of

signing the same was of lawful age, of sound and disposing

mind and memory and under no undue or unlawful

restraint whatever. It is therefore by the Court ordered that the said

Will be admitted to probate, and that the same together with

the testimony of the witnesses above named be entered of record in this

court Rufus Carpenter Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 511)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 511)

Description

[page 511]

[corresponds to labeled page 456 of Will Record Vol. 6 1876 - 1883]

456

Elizabeth Collums Will

Copy of Will

I, Elizabeth Collum, of Porter Township, Delaware

County 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 2"

I give and devise to my two sons Fisher White and

Zenas L. White all the rest and residue of my property, Real

and Personal, Goods, Chattels and Moneys to be divided

between them, share and share alike. And in case either

Fisher or Zenas L. my sons, should die befoe my decease,

then the share devised and bequeathed to them respectively

to go to their heirs respectively

Item 3"

I do hereby nominate and appoint my sons Fisher,

and Zenas L. White Executors of this my last Will and

testament, hereby authorizing and empowering them to

compromise, adjust, release and discharge in such man-

ner 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 and upon such terms of credit or otherwise

as they may think proper, all or any part of my Real Estate

or Personal Property, and deeds to purchasers, to execute ack-

nowledge and deliver in fee simple

I desire that no appraisement and no sale of my personal

property be made and that the Court of Probate direct the

omission of the same in pursuance of the Statute

In testimony hereof I have hereunto set my

hand and Seal this Fifteenth day of June A.D. 1881.
her
Elizabeth X Collum
mark

Signed and acknowledged by said Elizabeth Collum

as her last Will and Testament in our presence, and signed

by us in her presence

Jackson Hipple

Belle Dunham
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 512)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 512)

Description

[page 512]

[corresponds to labeled page 457 of Will Record Vol. 6 1876 - 1883]

457

Elizabeth Collum's Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court

J.J. Hipple, one of the subscribing witnesses to the

last Will and Testament of Elizabeth Collum 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 him purporting to

be the last Will and Testament of Elizabeth Collum

now deceased, is the Will of said deceased, that he

was present at the execution of said Will, at the

request of the Testator subscribed his name to the

same as witness, in her presence, and that he saw

the said Elizabeth Collum deceased, sign and seal

said Will, and heard her acknowledge the same to

be her last Will and Testament, that the said Elizabeth

Collum at the time of making, signing and sealing

said Will, was of legal age and of sound and

disposing mind and memory, and under no

undue or unlawful restraint whatsoever

Jackson Hipple


Sworn to and subscribed in open Court this 15"

day of June, A.D. 1882

Rufus Carpenter

Probate Judge


Commission to take Testimony of

Witness to Will

The State of Ohio}

Delaware County }SS

To S.M. Wilcox, Greeting: Know We,

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 Belle Denham subscribing witness to the

last Will and Testament of Elizabeth Collum hereto

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 Belle Dunham to be brought
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 513)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 513)

Description

[page 513]

[corresponds to labeled page 458 of Will Record Vol. 6 1876 - 1883]

458

Elizabeth Collum's Will

before you, and then and there to examine her on oath

or affirmation first taken before you, touching the due execution

of said Will of the said Elizabeth Collum and that you reduced

such examination to writing, and return the same, together

with this Commission and the Will of the said Elizabeth

Collum thereto annexed, closed up under your seal, into

our said Probate Court, with all convenient speed.

In testimony

where of, I, Rufus Carpenter, Judge of the said Court, have

hereunto set my hand and affixed the Seal of said Court,

at Delaware this 15" day of June A.D. 1882

Rufus Carpenter

Probate Judge


The State of Ohio}

Delaware County }SS

Personally appeared before me a com-

missioner, duly appointed by the Probate Court in and for

said County, Bell Dunham, one of the subscribing witnesses

to the last Will and Testament of Elizabeth Collum decd

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

her purporting to be the last Will and Testament of Elizabeth

Collum now deceased, is the Will of said deceased, that

she was present at the execution of said Will, at the request

of the Testator, subscribed her name to the same as witness,

in her presence, and that she saw the said Elizabeth Collum

deceased, sign and seal said Will, and heard her ac-

knowledge the same to be her last Will and Testament, that

the said Elizabeth Collum at the time of making, signing

and sealing said Will, was of legal age and of sound

and disposing mind and memory, and under no undue

or unlawful restraint whatsoever

Belle Dunham

Sworn to and subscribed this

17" day of June A.D. 1882.

S. M. Wilcox
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 514)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 514)

Description

[page 514]

[corresponds to labeled page 459 of Will Record Vol. 6 1876 - 1883]

459

Thomas M. Cole's Will.

May 22nd 1882

This day an instrument of writing, purporting to

be the last Will and Testament of Thomas M. Cole, late of Harlem

Township in this County, deceased, was produced in open Court

for Probate, and it appearing to the Court that the said

Will had not been deposited in this Court before the death of

the Testator, it is now ordered that the said Will be filed in this

Court and that due notice thereof and of the application to

admit the same to Probate and Record be given by E. H.

Dent to Harriet Cole, Erwin Cole, Ella D. Cole, William M. Cole

Edson B. Cole, Milton Cole, Charles Cole and Alta Cole next

of kin of the testator resident of the State of Ohio that said

application will be for hearing before this Court on the 31st day

of May A.D. 1882 at 1 oclock P.M.

Rufus Carpenter

Probate Judge

June 27th

Be it remembered that heretofore to wit: on the

22nd day of May A.D. 1882, an instrument of writing pur-

porting to be the last Will and Testament of Thomas M. Cole

late of Harlem Township Township, deceased, was produced

in open Court for Probate and was filed. And it now being

shown to the satisfaction of the Court, that due notice of the

filing of said Will, and of the application to admit the

same to Probate and Record in this Court has been given

to Harriet D. Cole. Erwin M. Cole, Ella D. Cole, William M. Cole

Edson B. Cole, Milton D. Cole, Charles E. Cole and Alta M. Cole

next of kin of the Testator pursuant to a former order of

this Court. Whereupon, afterwards came E. H. Dent and

Sarah A. Green, the subscribing witnesses to said Will, and

E.H. Dent and Florence Dent, the subscribing witnesses to the

Codicil to the said Will, who being duly qualified, testified

to the due execution and attestation of said Will and

Codicil to the same, which testimony was reduced to

writing by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of

said Thomas M. Cole decd that the same was duly executed

and attested; that the said Testator at the time of signing

the same was of lawful age, of sound and disposing

mind and memory and under no undue or unlaw-

ful restraint whatsoever. It is therefore by the Court ordered

that the said Will be admitted to Probate and the same
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 515)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 515)

Description

[page 515]

[corresponds to labeled page 460 of Will Record Vol. 6 1876 - 1883]

460

Thomas M Cole's Will

together with the testimony of the witnesses above named

be entered of record in this Court and at the same time

came Harriet D. Cole the widow and the said Will being read

to her and the contents fully explained to her, she did then

elect the stipulation of the said Will and asked that the

same be made a matter of record

Rufus Carpenter

Probate Judge

Copy of Will

In the Name of our Heavenly Father, I, Thomas M. Cole,

in view of the uncertainty of life and the certainty of death

do make and publish this my last Will and Testament.

Item 1st

I direct that all my just debts and funeral expences

be paid

Item 2"

I give and bequeath unto my beloved wife Harriet

D. Cole the use and controll of all my Real Estate: To wit:

the house in which we now reside and about One Hundred

and Forty Six acres of land during her natural life on

condition that she support our children until they each

respectively become of lawful age

Item 3"

I give unto my said wife all my personal property

of every description on condition that she pay all my just

debts as before mentioned

Item 4"

I direct that at the death of my said wife all my

real Estate be sold and equally divided between my children

then living or their children if any be dead, provided that

the representatives of any of my children that may be dead

shall receive no more than the share my said child would

have received if living and provided further, that any amount

of money or property that any of my children may receive

out of my Estate, or of their, mothers Estate be thrown into the

common stock and the amount so received be counted

as so much on their share, so that my Eight children

or the child or children of any that may be dead, shall

have an equal one eighth [1/8] of all the estate left by my

said wife and myself

Item 5"

I hereby nominate and appoint my said wife Exec-

utrix of this my last Will, hereby directing that no bail be

required of her, and that there be no appraisement or return

of my Estate but that the business be conducted by her the

same as if I had gone on a journey and expected to soon

return
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 516)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 516)

Description

[page 516]

[corresponds to labeled page 461 of Will Record Vol. 6 1876 - 1883]


461

Thomas M. Cole's Will

Item 6"

I hereby appoint my son Ervin M. Cole guardian

of any and all of my children that may be minors at

the death of their mother. Said guardianship not to

commence until the death of my said wife

In testimony

whereof I have hereunto set my hand and affixed my seal

this Twenty Second day of August one Thousand Eight Hun-

dred and Eighty One (A.D. 1881)

Thomas M. Cole {Seal}

Signed and Sealed in our

presence this day and year

last mentioned

Sarah A. Green

E. H. Dent

I, Thomas M. Cole, do make this Codicil an addition

to my Will above and heretofore made to wit: that as our

little daughter Mary Etta has died since the making of the

above Will

I direct that my wife cause a suitable monument

to be placed at her grave, I further direct that my son

William be given a Two year old colt this fall if he stays

at home and helps run the farm this summer

In witness hereof I have hereunto set my hand

and seal this Twenty Eighth day of April A.D. 1882.

T. M. Cole {Seal}

Signed, sealed and acknowledged as his Will by T.

M. Cole in our presence and signed by us as witnesses

at his request this day and year above written

E. H. Dent

Florence Dent.

The State of Ohio}

Delaware County }SS

Personally appeared in open Court E.

H. Dent and Florence Dent the subscribing witnesses to the

Codicil to the last Will and Testament of T.M. Cole deceased,

who being duly sworn according to law to speak the truth,

the whole truth, and not nothing but the truth, in relation

to the execution of said Codicil, depose and say, that the

paper before them purporting to be the last Will and Codicil

and Testament of T.M. Cole now deceased, is the Will and

Codicil of said deceased T.M. Cole, that they were present at
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 517)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 517)

Description

[page 517]

[corresponds to labeled page 462 of Will Record Vol. 6 1876 - 1883]

462

Thomas M. Cole's Will

the execution of said Will, at the request of the Testator, subscrib-

ed their names to the same as witnesses, in his presence, and

that they saw the said T.M. Cole deceased, sign and seal

said Will, and heard him acknowledge the same to be his

last Will and Testament; that the said T. M. Cole at the time

of making, signing and sealing said Will was of legal age

and of sound and disposing mind and memory, and un-

der no undue or unlawful restraint whatsoever

E. H. Dent

Florence Dent

Sworn to and subscribed in open Court

this 26th day of May A.D. 1882

Rufus Carpenter

Probate Judge


The State of Ohio}

Delaware County }SS

Personally appeared in open Court E. H. Dent

and Sarah A. Green the subscribing witnesses to the last Will

and Testament of Thomas M. Cole, 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 pur-

porting to be the last Will and Testament of Thomas M. Cole

now deceased, is the Will of said deceased, Thomas M Cole

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 Thomas

M. Cole deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament;

and that the said Thomas M. Cole at the time of making,

signing and sealing said Will, was of legal age and of sound

and disposing mind and memory, and under no undue

or unlawful restraint whatsoever

E. H. Dent

Sworn to by Sarah A. Green June 26" 1882. Sarah A. Green


Sworn to and subscribed in open Court this 31st day

of May A.D. 1882

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 518)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 518)

Description

[page 518]

[corresponds to labeled page 463 of Will Record Vol. 6 1876 - 1883]

463

William Welch's Will

July 21st 1882.

This day an instrument of writing purporting

to be the last Will and Testament of William Welch, late

of Delaware in Ohio County, deceased was produced in

open Court for Probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testator it is now ordered that

the said Will be filed in this Court and that due notice

thereof and of the application to admit the same to

probate and record be given to the next of kin of the

Testator resident of the State of Ohio, that said application

will be for hearing before this Court on the 1st day of

August A.D. 1882, at 10. o'clock A.M.

Rufus Carpenter

Probate Judge

August 1st 1882

Be it Remembered that heretofore, to wit:

on the 21st day of July A.D. 1882 an instrument of

writing purporting to be the last Will and Testament

of William Welch late of Delaware Township this County

deceased, was produced in open Court for probate, and

was then filed, and it now being shown to the satisfaction

of the Court that due notice of the filing and of the

application to admit: the same to record in this Court

has been given to the next of kin of the Testator pursu-

ant to a former order of this Court; therefore on this

day came Earl H. Waring and Charles Hill the

subscribing witnesses to said Will, who having been duly

qualified, testified to the due execution and attestation

of said Will, which testimony was reduced to writing

by them respectively subscribed and filed with this said

Will: Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said WIlliam

Welch deceased, that the same was duly executed and attested:

that the said Testator at the time of signing the same, was

of lawful age, of sound and disposing mind and memory

and under no undue or unlawful restraint whatever

It is therefore by the Court ordered that the same, together

with the testimony of the witnesses above named be entered

of record of this Court

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 519)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 519)

Description

[page 519]

[corresponds to labeled page 464 of Will Record Vol. 6 1876 - 1883]

464

William Welch's Will

Copy of Will

In the name of the Benevolent Father of all, I, WIlliam

Welch of the County of Delaware and State of Ohio, knowing

the uncertainty of life and the certainty of Death, and being

of sound mind do make and publish this my last Will and

Testament

Item 1st I give and bequeath my body to the dust and my

Soul to God who gave it.

Item 2nd That after my decease, that all my Funeral Expenses

and all of my just debts be paid out of my property and

out of my personal property should there be enough to settle

the same with, but if not then to sell Real Estate for the

purpose of paying my just debts

Item 3rd After all of the requirements that is mentioned in

the second item is complied with, I give and bequeath and

devise to my beloved Wife Cordelia Welch all of the residue

of my property, both Personal and Real Estate that I may

be the owner of at the time of my decease should she

survive me, authorizing her to collect debts due me or sell

Personal Property or Shiey Real Estate to her own interest or

to pay debts

Item 4th I do hereby nominate and appoint my beloved Wife

Cordelila Welch executor of this my last Will and Testament

hereby authorizing and empowering her to Compromise, Adjust

Release and Discharge in such manner as she may deem

proper the Debts and Claims due me. I do also authorize

and Empower her if it should become necessary in order

to pay my debts to sell by private Sale or in such manner

and upon such terms of credit, or otherwise as she may think

proper, all or any part of my Real Estate and deed to

purchasers, to Execute and Acknowledge the same and

deliver in Fee Simple

Item 5th 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 made by me

In testimony hereof I have hereunto set my hand and

Seal this the 29th day of March, 1882

William Welch

Signed and acknowledged by the said William Welch as

his last Will and Testament in our presence and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 520)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 520)

Description

[page 520]

[corresponds to labeled page 465 of Will Record Vol. 6 1876 - 1883]

465

William Welch Will

signed by us in his presence and at his request

Earl H. Waring

Charles Hill

The State of Ohio }

Delaware County } SS

Personally appeared in open Court

Earl H. Waring and Charles Hill the subscribing

witnesses to the last Will and Testament of William Welch

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 WIlliam Welch now deceased, is

the Will of said deceased, that they were present at the

execution of said Will at the request of the Testator sub-

scribed their names to the same as witnesses in his pres-

ence, and that they saw the said William Welch deceased

sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament: that the said

William Welch at the time of making, signing and seal-

ing said Will, was of legal age and of sound and dispos-

ing mind and memory, and under no undue or unlaw-

ful restraint whatsoever

Earl H. Waring

Charles Hill

Sworn to and subscribed in open Court this 1st day of

August A.D. 1882.

` Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 521)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 521)

Description

[page 521]

[corresponds to labeled page 466 of Will Record Vol. 6 1876 - 1883]

466

Daniel Browns Will

Sept. 2" 1882

This day an instrument of writing purporting to

be the last Will and Testament of Daniel Brown, late of Trenton

Township in this County, deceased, was produced in open

Court for probate and it appearing to the Court that the

said Will had not been deposited in this Court before the

death of the Testator, it is now ordered that the said Will

be filed in this Court. And afterwards to wit: on the same

day it being shown to the satisfaction of the Court that due

notice of the filing of said Will and that the application

to admit the same to probate and record has been given to

Rebecca Jane Shaser, Della Brown, Philomin Brown,

Charles F. Brown and George W. Brown children and Julia

A. Brown, the widow appearing in open Court; and at

the same time came L. O. Wilson and J. Forward the

subscribing witnesses to said Will, and L. J. Wilson and

J. W. Comstock the subscribing witnesses to Codicil to the

said Will, who being duly qualified, testified to the due

execution and attestation of said WIll and the Codicil

to the same, which testimony was reduced to writing by

them respectively subscribed and filed with said Will

Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of the said

Daniel Brown deceased, and that the same was duly

executed and attested, that the said Testator at the time

of signing the same was of lawful age, of sound and

disposing mind and memory and under no undue or

unlawful restraint whatsoever, It is therefore by the Court

ordered that the said Will be admitted to probate and

that the same together with the testimony of witnesses

above named be entered of record in this Court. At the

same time came Julia A. Brown the widow of the

deceased, and the matter being fully explained to her

she then elected to accept the stipulations of the Will of her

late husband, Daniel Brown, and the same is now

made a matter of record in this Court

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 522)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 522)

Description

[page 522]

[corresponds to labeled page 467 of Will Record Vol. 6 1876 - 1883]

467

Daniel Brown's Will

Copy of Will

In the Name of the Benevolent Father of us all, I,

Daniel Brown of Trenton Township, Delaware County

Ohio do make and publish this my last Will and

Testament

1st I devise that after paying my just debts and

funeral expenses that all my property both Real and

Personal to my beloved Wife Julid A. and my afflic-

ted daughter Martha, to be held and used by them

jointly during their natural lives, But at the death

of either, the survivor to have and to hold said property

same as when both were living, during her natural

life. At the death of the last survivor of the Two above

named wife and daughter, I will and devise my

property to be divided as follows. The farm on which

I now reside, supposed to contain Seventy Six acres, be the

same more or less, and known as my Homestead, I

divide equally between four of my children Rebecca Jane

Charles F. Della and George W. Another tract or parcel

of land owned and held by me known as the Bid-

dallack property together with a fraction containing about

one acre, taken off the farms ownedby J. W. Comstock

and John D. Miles. The Two tracts or parcels of land

supposed to contain Fifty One Acres be the same more

or less I divide equally between Five of my children

Philomen, Rebecca Jane Charles F. Della and George

W. My personal property if there should be any left

at the death of the last surviver, wife or daughter, to

be equally divided between four of my children Rebecca

Jane Charles F. Della and George W.

the above property is all situated in the Township,

County and State in which I now reside.

I hereby revoke all other Wills by me made

in testimony hereof I hereunto set my hand and Seal

done in Trenton Township Delaware County Ohio, this

Twenty Ninth day of November in the Year of Our Lord

One Thousand Eight Hundred and Seventy Eight

Daniel Brown

Done in presence of

L. J. Wilson

J. Forward
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 523)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 523)

Description

[page 523]

[corresponds to labeled page 470 of will Record Vol. 6 1876 - 1883]

470

Daniel Brown's Will

Trenton Township Delaware County, Ohio

I, Daniel Brown

the Testator of the above Will and Testament, do this day

annex the following Clause.

Now if any of the above named heirs

puts the Estate named and described above to any cost

or expense on his or her account, the sum total of all

such expenses shall be taken out of his or her share in

said Estate

As witness my hand and Seal this Thirteenth day

of January in the year of our Lord 1882.

Daniel Brown

Witnesses

L. J. Wilson

J. W. Comstock

The State of Ohio }

Delaware County } SS

Personally appeared in open Court L. J.

Wilson and J. Forward the subscribing witnesses to the

last Will and Testament of Daniel Brown 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 Daniel Brown, now deceased, is the Will of said Deceased

Daniel Brown, 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 Daniel Brown deceased, sign and

seal said Will, and heard him acknowledge the same

to be his last Will and Testament, that the said Daniel

Brown at the time of making, signing and sealing said

Will, was of legal age and of sound and disposing mind

and memory, and under no undue or unlawful restraint

whatsoever.

L. J. Wilson

J. Forward

Sworn to and subscribed to in open

Court this 2" day of September A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 524)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 524)

Description

[page 524]

[corresponds to labeled page 471 of Will Record Vol. 6 1876 - 1883]

471

Daniel Brown's Will

The State of Ohio }

Delaware County } SS

Personally appeared in open Court

L. J. Wilson and J. W. Comstock the subscribing

witnesses to the Codicil to the last Will and Testament of Daniel

Brown 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 Codicil to the Will depose and say that the

paper before them purporting to be the Codicil to the

last Will and Testament of Daniel Brown, now de-

ceased, is the Codicil to the Will of said Deceased

Daniel Brown, 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 Daniel Brown deceased,

sign and seal said Codicil Will, and heard him

acknowledge the same to be a Codicil to his last Will

and Testament, that the said Daniel Brown at

the time of making, signing and sealing said Codicil

was of legal age and of sound and disposing

mind and memory, and under no undue or

unlawful restraint whatsoever.

L. J. Wilson

J. W. Comstock

Sworn to and subscribed in open

Court this 2" day of September A.D. 1882.

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 525)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 525)

Description

[page 525]

[corresponds to labeled page 472 of Will Record Vol. 6 1876 - 1883]

472

Jane Nash's Will

September 15th 1882

In the matter of the Will of Jane Nash

deceased.

This day an instrument of writing purporting to be

the last Will and Testament of Jane Nash late of Berkshire

Township in this County deceased, was produced in open

Court for Probate, and it appearing to the Court that the

said will had not been deposited in this Court before

the death of the Testator, it is now ordered that the said

Will be filed in this Court and that due notice thereof

and of the application to admit the same to probate

and record, be given by G. D. Searls to Harriet Carpenter

Hanson Carpenter, Orral Carpenter and Nellie Carpenter

next of kin of the Testator resident of the State of Ohio, that

said application will be fore hearing before this Court on

the 21st day of September A.D. 1882 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

September 21st 1882.

Be it remembered that heretofore to wit:

on the 15th day of September A.D. 1882, an instrument of

writing purporting to be the last Will and Testament of

Jane Nash, late of Berkshire Township, this county deceased

was produced in open Court for Probate and was then filed

And it now being shown to the satisfaction of the Court

that due notice of the filing of said Will and of the

application to admit the same to probate and record

in this Court has been given to Harriet Hanson, Orra

and Nellie Carpenter next of kin of the Testator pursuant

to a former order of this Court. Therefore on this day

came A. P. Taylor and F. B. Sprague the subscribing

witnesses to said Will, who being duly qualified, testified

to the due execution of said Will: which testimony was

reduced to writing by them respectively subscribed and

filed with said Will. Whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Jane Nash deceased, that the

same was duly executed and attested: that the said

Testator at the time of signing the same was of law-

ful age of sound and disposing mind and memory

and under no undue or unlawful restraint what-

soever, It is therefore by the Court ordered that the

said Will be admitted to probate and that the same
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 526)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 526)

Description

[page 526]

[corresponds to labeled page 473 of Will Record Vol. 6 1876 - 1883]

473

Jane Nash's Will

together with the testimony of the witnesses above named

be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the benevolent Father of all. Amen.

I, Jane Nash, being of sound mind and

memory do hereby make and publish and declare

this to be my last Will and Testament, hereby revoking all

former Wills by me made

1st In the event of my decease before my daughter

Harriet Carpenter, widow of Newell Carpenter deceased

I desire and bequeath to my said daughter Harriet

such amount out of what property I may leave as shall

be sufficient for her comfortable support and the support

of her minor children provided however, that in the event

that my said daughter shall marry again, or receive

from the General Government the pension she anticipates getting

then such support shall cease

2nd In the event of the death, marriage or pensioning of

my said daughter Harriet: I devise to my grandson Hanson

Carpenter the Real Estate I won, being a piece of land

(Thru Cornered) near Rome Corners Berkshire Township Delaware

County Ohio, to have and hold the same in fee simple. My

said daughter shall pay all taxes on said property during

the time she shall be entitled to the use of it.

3rd To my Grandaughter Orra, I give the Organ now

in the house.

4th To my grandaughter Nellie, I give and bequeath

($50) Fifty Dollars

5th My household furniture I devise to my said Grand-

children to be equally divided between them and they

shall come in possession of these articles as they become

of age or marriage

6th Any property left at the death, marriage or pension-

ing of my said daughter Harriet: and not previously

devised I direct shall be equally divided among my said

Grandchildren named above, and I further expressly

direct my Executor that no part of above devises shall be

used for traveling expenses of any of my legatees

7th I nominate and appoint Dennison G. Searls my executor

who shall have full power to carry out the stipulation of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 527)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 527)

Description

[page 527]

[corresponds to labeled page 474 of Will Recored Vol. 6 1876 - 1883]

474

Jane Nash's Will

The foregoing as to divisions of property and the settlement of

any claims I may owe, or to compromise and adjust the same

as he may deem just for my estate, and to pay my debts.

In testimony whereof I hereunto set my

hand and affix my seal this 29th day of August A.D. 1882

her

Jane X Nash

mark

Signed by said Jane Nash in our presence, whose special

request and in her presence do hereby sign the same as

witnesses

F. B. Sprague

A. P. Taylor

Probate of Will

The State of Ohio }

Delaware County } SS

Personally appeared in open Court A. P.

Taylor and F. B. Sprague the subscribing witnesses to the last

Will and Testament of Jane Nash 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 Jane Nash, now de-

ceased, is the Will of said Deceased Jane Nash, 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 her presence, and that they saw the said Jane Nash

deceased, sign and seal said Will, and heard her acknowl-

edge the same to be her last Will and Testament, that

the said Jane Nash at the time of making, signing

and sealing said Will, was of legal age and of sound

and disposing mind and memory, and under no undue

or unlawful restraint whatsoever.

A. P. Taylor M. D.

Sworn to and subscribed in open Court this 21st day of

September A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 528)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 528)

Description

[page 528]

[corresponds to labeled page 475 of Will Record Vol. 6 1876 - 1883]

475

Joseph S. Brown's Will

Sept. 30th 1882

This day an instrument of writing purporting to

be the last Will and Testament of Joseph S. Brown late

of Delaware Township in this County, deceased, was produced

in open Court for probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testator it is now ordered that the

said Will be filed in this Court and that due notice

thereof and of the application to admit the same to

probate and record be given by Martha Brown to Emily

Stocktin, Anna Maria Prettyman, Alice Hendrixson,

Henry G. Brown, Francis A. Brown and Josephine M. Brown

next of kin of the Testator resident of the State of Ohio

that said application will be for hearing before this

Court on the 4th day of October A.D. 1882 at 10 o'clock A.M.

Rufus Carpenter

Probate Judge

Oct. 5th 1882

Be it remembered that heretofore to wit: on

the 30th day of September A.D. 1882 an instrument of

writing purporting to be the last Will and Testament

of Joseph S. Brown late of Delaware Township, deceased,

was produced in open Court for probate and was then

filed, and it now appearing to the satisfaction of

tje Court that due notice of the filing of said Will

and of the application to admit the same to probate

and record in this Court has been given to Emily

Stockton, Francis A. Brown and Josephine M. Brown

next of kin of the Testator pursuant to a former order

of this Court: Therefore on this day came John S.

Jones and James R. Lytle the subscribing witnesses

to said WIll and to the Codicil thereto, who being

duly qualified, testified to the due execution of said

Will and Codicil, which testimony was reduced to writing

by them respectively subscribed and filed with said

Will. Whereupon the Court finds that the aforesaid instru-

ment of writing is the last Will and Testament and

the Codicil of said Joseph S. Brown deceased, that the

same was duly executed and attested, that the said

Testator at the time of signing the same was of law-

ful age, of sound and disposing mind and memory

and under no undue or unlawful restraint whatso-

ever. It is therefore by the Court ordered that the said
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 529)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 529)

Description

[page 529]

[corresponds to labeled page 476 of Will Record Vol. 6 1876 - 1883]

476

` Joseph S. Brown's Will

Will and Codicil be admitted to probate and that the

same together with the testimony of the witnesses above

named be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will
============

In the name of the Benevolent Father of All I, Joseph S.

Brown of Delaware County of Delaware and State of Ohio

do make and publish this my last Will and Testament

Item 1st I will and direct that all my just debts,

expenses of my last sickness and funeral expenses be

first paid and that a suitable Tombstone or Monument

be provided and placed over my grave

Item 2nd I give and devise to my daughter Emily

Stockten the sum of Four Hundred Dollars

Item 3rd I give and devise to my daughter Anna

Mariah Prettyman the sum of Four Hundred dollars

Item 4th I give and devise to my grand-daughter Alice

Hendrixson, only child of my daughter Susan E. Hen-

drixson, the sum of Four Hundred Dollars but in the

event of her death, death without issue during her

minority, then it is my Will that the aforesaid bequest

shall revert to my said daughters Emily Stockton and

Anna Maria Prittyman each to share one half thereof

Item 5th I give and devise to my son Henry F. Brown

the sum of Two Hundred dollars. But in the event of

his death without issue and before this Will takes effect,

it is my will that the aforesaid legacy shall pass to my

said daughters Emily Stockton and Anna Maria

Prettyman and my said grand daughter Alice

Hendrixson each of whom shall share one third part

thereof. All of which legacies mentioned in Items 2, 3,4 and

5 of this Will Shall be paid out of my personal estate to

the said legatees or their legal representatives within

a reasonable time after my decease by my executrix

herein after mentioned

Item 6th I give and devise to my beloved wife Martha

Brown in lieu of dower in my estate and after the

aforesaid bequests and expenses have all been paid

The use income, interest, rents and profits and entire

control of all the rest and residue of my estate both
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 530)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 530)

Description

[page 530]

[corresponds to labeled page 477 of Will Record VOl. 6 1876 - 1883]

477

Joseph S. Brown's Will

real and personal during her natural life in-

cluding the home on which we now reside in

Delaware Ohio together with my lands Situate in

the Counties of Floyd and Donoly in the State of Texas

and it is my will that in case my said wife may

think best, that she may at any time release to my

son Francis A. Brown and my daughter Josephine

M. Brown or to either of them her entire interest in any

said estate

Item 7th I give and devise to my son Francis A. Brown

the undivided one half of my personal estate after my

just debts, expenses and the legacies hereinbefore

mentioned have all been paid and I also give and

devise to my said son Francis A. Brown the undivided

one half of my homestead upon which I now reside

Situate in the City of Delaware Ohio provided the same

shall not be sold by my executrix hereinafter mentioned

and in case the same shall be sold by my execu-

trix, then it is my will that my said son shall

take the undivided one half of the proceeds thereof

And I further give and devise to my said son

Francis A. Brown the following lands and tenements

situate in the County of Floyd in the State of Texas

and known as Survey No. 3 "Block "H" on the waters

of White River a tributary of the Brazos River about

25 miles No 50? W of lake and being the same

lands granted and patented to me by R. B. Hubbard

Governor of the State of Texas on the 16th day of

February A.D. 1878. Said patent is No. 11 and calls for

(640) Six Hundred and Forty acres of land, all of

which bequests to my son Francis A. Brown are

subject to the conditions and provisions of Item 6

of this Will

Item 8th I give and devise to my daughter Josephine

M. Brown absolutely and unconditionally my

Pianoforte

Item 9th I give and devise to my said daughter

Josephine M. Brown, the undivided one half of my

personal estate after my just debts and expenses

and the legacies mentioned in Items 2, 3, 4 and 5

of this Will have all been paid. I also give and

devise to my said daughter Josephine M. Brown

the undivided one half of my homestead upon
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 531)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 531)

Description

[page 531]

[corresponds to labeled page 478 of Will Record Vol. 6 1876 - 1883]

478

Joseph S. Brown's Will

which I now reside Situate in the City of Delaware

Ohio, provided the same shall not be sold by my ex-

excutrix hereinafter named and in case the same

shall be sold by my executrix, then it is my will that

my said daughter shall take the undivided one

half of the proceeds thereof and I further give and

devise to my said daughter Josephine M. Brown the

following lands and tenements situate in the County

of Donoly and State of Texas and known as Survey

No. 107 Block "C" 6 on the Waters of Salt Fork a tributa-

ry of Red River 5 miles S. 30' 8 from the center of the

County and being the same lands granted and

patented to my by O. M. Roberts Governor of the State

of Texas on 15th day of May A.D. 1879 said patent was

the No 71. and calls for (640) Six Hundred and Forty acres

of land, all of which bequests mentioned in this

Item are subject to the conditions and provisions of

Item 6th of this Will

Item 10th It is my will that in the event of the

death of either of my said Children Francis A. Brown

or Josephine M. Brown without issue that the survivor

of them shall take the bequest of the other and in

the event of the death of both of them without issue

that the bequests to them shall go to my children and

grand children mentioned in Items 2, 3, 4, and 5 of this Will

each of whom shall share alike and shall take upon

the same conditions named in said Items and subject

to "Item 6" of this Will

Item 11th I hereby nominate and appoint my daughter

Josephine M. Brown Trustee of my grand daughter, Alice

Hendrixson, who shall have control of the legacies herein

bequested to my said grand daughter during her minority

and desire that my said grand daughter shall remain

in the custody and under the control of my daughter

Ann Maria Prettyman during her minority and that

said bequests be used to educate her as my said daugh-

ter Ann Maria Prettyman and Josephine M. Brown may

direct and think best, and it is my wish that my said

daughter Josephine M. Brown be not required to give bond

for the faithful execution of her said trust

Item 12th I hereby nominate and appoint my beloved

wife Martha Brown Executrix of this my last Will and

Testament hereby authorizing her to sell and dispose of all
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 532)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 532)

Description

[page 532]

[corresponds to labeled page 479 of Will Record Vol. 6 1876 - 1883]

479

Joseph S. Brown Will

my goods and chattles and to sell my Real Estate

known as my homestead, situate in Delaware County Ohio

if she may think best, either at public or private sale and

to make a deed or deeds to the purchaser and it is my

will that no appraisement of my personal property be made

and no public sale had thereof, unless my said executrix

shall think best, and I desire that the Probate Court direct

the omission 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 hereof I have hereunto set my hand

and seal this 31st day of July A.D. 1879.

Joseph S. Brown

Signed and acknowledged by

said Joseph S. Brown as his last

Will and Testament in our presence

and signed by us in his presence

and at his request

John S. Jones

James R. Lytle


Codicil

Whereas I Joseph S. Brown on the 31st day of July A.D.

1879, made my last Will and Testament of that day

do hereby declare the following to be a codicil to the

same.

In case my said son Henry F. Brown should not

appear and accept the Two Hundred dollars ($200.00)

bequeathed to him within Three Years after this

Will shall take effect, then the said Two Hundred

dollars ($200.00) bequested to him in Item 5 of this Will

I give and devise to my said daughter Ann Maria

Prittyman $100.00 of said sum. And to her husband

Rev. Wesley Prettyman $50.00 thereof.

I hereby suggest, nominate and appoint Hugh Hendrixson

Trustee of my grand-daughter Alice Hendrixson instead

of my daughter Josephine M. Brown as mentioned in

Item 11 of this Will.

In witness whereof I have hereunto set my hand

and seal this 29th day of July A.D. 1882

Joseph S. Brown
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 533)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 533)

Description

[page 533]

[corresponds to labeled page 480 of Will Record Vol. 6 1876 - 1883]

480

Joseph S. Brown's Will

Signed and acknowledged by said Joseph S. Brown

as a Codicil to his last Will and Testament in our

presence and signed by us in his presence and at

his special instance and request

John S. Jones

James R. Lytle

The State of Ohio }

Delaware County } SS

Personally appeared in open Court John S.

Jones and James R. Lytle the subscribing witnesses to the last

Will and Testament and Codicil to the same, of Joseph

S. Brown 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 and

Codicil, depose and say that the paper before them pur-

porting to be the last Will and Testament of Joseph S. Brown,

now deceased, is the Will and Codicil of said Deceased

Joseph S. Brown, 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 Joseph S. Brown deceased, sign

and seal said Will and Codicil, and heard him ac-

knowledge the same to be his last Will and Testament, that

the said Joseph S. Brown at the time of making, signing

and sealing said Will and Codicil, was of legal age and

of sound and disposing mind and memory, and under no undue

or unlawful restraint whatsoever.

John S. Jones

James r. Lytle

Sworn to and subscribed in open Court

this 4th day of October A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 534)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 534)

Description

[page 534]

[corresponds to labeled page 481 of Will Record VOl. 6 1876 - 1883]

481

Catharine Rupp's Will

October 11th 1882

In the matter of the Will of Catharine Rupp

this day an instrument of writing purporting to be the

last Will and Testament of Catharine Rupp late of

Scioto Township in this County deceased, was produced

in open Court for probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testator, it is now ordered that the

said Will be filed in this Court and that due notice

thereof and of the application to admit the same to

probate and record be given by Samuel Surck to John

M. Thoman, next of kin of the Testator, resident of the

State of Ohio, that said application will be for hear-

ing before this Court on the 11th day of Octoer A.D. 1882

at 3 o'clock P.M.

Rufus Carpenter

Probate Judge

October 11th 1882.

` In the matter of the Will of Catharine Rupp

Be it remembered that heretofore to wit: on the 11th day

of October A.D. 1882 an instrument of writing purporting

to be the last Will and Testament of Catherine Rupp

late of Scioto Township this County deceased was

produced in open Court for probate and was then

filed and it now being shown to the satisfaction of

this Court that due notice of the filing of said Will

and of the application to admit the same to probate

and record in this Court has been given to John

M. Thomes, next of kin of the Testator pursuant to a

former order of this Court therefore on this day came

the subscribing witnesses to said Will who being duly

qualified testified to the due execution of said Will

which testimony was reduced to writing by them respect-

ively subscribed, and filed with said Will. Whereupon the

Court finds that the aforesaid instrument of writing

is the last Will and Testament of Catharine Rupp

deceased, that the same was duly executed. That

the Testator at the time of making the same was of

lawful age of sound and disposing mind and mem-

ory, and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered that the

said Will be admitted to probate, and that the same

together with the testimony of the witnesses above named
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 535)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 535)

Description

[page 535]

[corresponds to labeled page 482 of Will Record Vol. 6 1876 - 1883]

482

Catharine Rupp's Will

be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

Mincupative Will of Catharine Rupp

On the Fourth day of October A.D. 1882 the said Catharine

Rupp being then in her last sickness and who died on

the Fifth day of October A.D. 1882, did on the said Fourth

day of October A.D. 1882, make and publish her last Will

and Testament, as follows by speaking, uttering and

publishing the following testamentary words: Ura (meaning

Ura Swick) hand me my pocket book, and give me my

note, and if the note for $100. and interest given by Samuel

M. Weaver to said Catharine Rupp) was given her and she

handed the note to Samuel Swick and said "I want Aunt

Fanny Swick to have this note, and to pay my funeral

expenses out of it and keep the rest herself: how can it be

fixed so she can draw the money" She was too weak to

sign it but her name was on the back of it) She asked

"How can it be fixed so as to have it that way" and

asked that those present (Samuel Swick, Nancy Harrington

Maria Swick, and Ura Swick and Allison Swick "Will you

be witnesses to it so that she (Frances Swick) can have it" And

we told her we would be witnesses to it And Samuel Swick

said to her "So this is your wish" and she said "it is"

In witness whereof we have hereunto affixed our

hands and seal this Eleventh day of October A.D. 1882

and state that the facts reduced to writing as the Will of

said Catharine Rupp are true and that the foregoing is

the Will of Catharine Rupp and that we sign the same

as witnesses at her request

Allison W. Swick {Seal}

Maria Swick {Swal}

S. A. Swick {Seal}

Ura Swick {Seal}

The State of Ohio }

Delaware County } SS.

Personally appeared in open Court Allison

W. Swick, Maria Swick, S. M. Swick and Ura Swick the

subscribing witnesses to the last Muncupative Will and Testament

of Catharine Rupp deceased who being duly sworn according

to law to speak the truth the whole truth and nothing but
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 536)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 536)

Description

[page 536]

[corresponds to labeled page 483 of Will Record Vol. 6 1876 - 1883]

483

Catharine Rupp's Will

the truth, in relation to the execution of said Will depose

and say that the paper before them purporting to be the

last Muncupative Will and Testament of Catharine

Rupp now deceased, is the Will of said Deceased

Catharine Rupp, that they were present at the exe-

cution of said Mucupative Will, at the request of the

Testator subscribed their names to the same as witnesses

after the same had been reduced to writing and within

ten days after the decease of said Catharine Rupp

and that they were present on the 4th day of October

A.D. 1882 and heard her make matter and publish

said Will made at the time of making said Will, was

of legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatsoever.

S. M. Swick

Maria Swick

Allison W. Swick

Ura Swick

Sworn to and subscribed

in open Court this 11th day of Oct. A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 537)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 537)

Description

[page 537]

[corresponds to labeled page 484 of Will Record Vol. 6 1876 - 1883]

484

John Ryan's Will

In the matter of the Will of John Ryan deceased

October 28th 1882

This day an instrument of writing purporting to be the

last Will and Testament of John Ryan late of Delaware

Township in this County deceased, was produced in

open Court for probate and it appearing to the Court that

the said Will had not been deposited in this Court be-

fore the death of the Testator it is now ordered that

the said Will be filed in this Court and that due

notice thereof and of the application to admit the same

to probate and record be given by John Donnahue to Mary

Ryan and Daniel Ryan next of kin of the Testator res-

ident of the State of Ohio, that said application will

be for hearing before this Court on the 1st day of November

A.D. 1882 at 2 o'clock P.M. to which time this matter is

continued.

Rufus Carpenter

Probate Judge

November 1st 1882

Be it remembered that heretofore to wit:

on the 28th day of October A.D. 1882 an instrument of writing

purporting to be the last Will and Testament of John Ryan

late of Delaware Township this County deceased, was produced

in open Court for probate and was then filed. And it now

appearing to the Court that due notice of the filing of said

Will and of the application to admit the same to probate

and record in this Court has been given to Mary Ryan

and Daniel Ryan next of kin of the Testator pursuant

to a former order of this Court: therefore on this day came

Catharine Croach, Daniel Ryan and John Donnahue, the

subscribing witnesses to said Will, who being duly qualified

testified to the due execution and attestation of said Will

which testimony was reduced to writing by them respectively

subscribed and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said John Ryan deceased, that

the same was duly executed and attested: that the said

Testator at the time of signing the same was of lawful

age of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever.

It is therefore by the Court ordered that the said Will be

admitted to probate and that the same together with the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 538)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 538)

Description

[page 538]

[corresponds to labeled page 485 of Will Record Vol. 6 1876 - 1883]

485

John Ryan's Will

testimony of the witnesses above named be entered of

record in this Court: At the same time came Mary

Ryan widow of the deceased and the Will being read

to her and the matter fully explained to her, she

then elected to accept the stipulations of the Will of

her late husband, and the same is now made a

matter of record.

Rufus Carpenter

Probate Judge

Copy of Will

Delaware Ohio October 23rd 1882

I, John Ryan of the City of Delaware, Delaware County

Ohio, being of sound mind, memory and understanding

do make and publish this my last Will and Testament

in manner following: that is to say:

I give and bequeath to my wife Mary Ryan, all

of my real and personal estate during her life and

after her decease, the real and personal estate to go

into the possession of my brother Daniel Ryan and

his heirs

The above said real estate is situated in the City

of Delaware, Delaware County Ohio, for description see

plat of East Delaware

I desire that no part of the said real estate be

sold or disposed of during the life of my wife Mary

Ryan.

The above real estate consists of Six acres of land

situated within the Corporation limits.

In witness, I, the said John Ryan, have to this my

last Will and Testament, set my hand and seal this

Twenty Third (23) day of October A.D. 1882

his

John X Ryan {Seal}

mark



Attest

Jas. Donnahue

Signed published and declared by the said John

Ryan as his last Will and Testament in the presence

of us, have hereunto subscribed our names as witnesses
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 539)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 539)

Description

[page 539]

[corresponds to labeled page 486 of Will Record Vol. 6 1876 - 1883]

486

John Ryan's Will

Attest to Mrs. Patton Catharine Croach

her
J. Donnahue
Anna X Patton

mark

Daniel Ryan

Jno. Donnahue


Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open Court .

Catharine Croach, Daniel Bryan and Jno Donnahue

the subscribing witnesses to the last Will and Testament of

John Ryan 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 purpor-

ting to be the last Will and Testament of John Ryan

now deceased, is the Will of said deceased John Ryan

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 John Ryan deceased, sign and seal said

Will, and heard him acknowledge the same to be his last

Will and Testament, that the said John Ryan at the

time of making, signing and sealing said Will, was of

legal age and of sound and disposing mind and memory,

and under no undue or unlawful restraint whatsoever.

John Donnahue

Daniel Ryan

Catharine Croach

Sworn to and subscribed in open Court

this 1st day of November A.D. 1882

Rufus Carpenter

Probate
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 540)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 540)

Description

[page 540]

[corresponds to labeled page 487 of Will Record Vol. 6 1876 - 1883]

487

Oliver P. Clark's Will

October 23rd 1882

This day an instrument of writing purporting

to be the last Will and Testament of Oliver P. Clark late

of Delaware Township in this County deceased, was produced

in open Court for probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testator, it is now ordered that the

said Will be filed in this Court and that due notice be

given to Mary Clark and John Clark next of kin of

the Testator resident of the State of Ohio, that said ap-

plication will be for hearing at 11 oclock A.M. of this 23rd

day of October A.D. 1882. And now it being shown to the

satisfaction of the Court that due notice of the filing of

said Will and of the application to admit the same to

probate and record has been given to Mary Clark and

John B. Clark next of kin of the Testator (by them appear-

ing in open Court and acknowledging notice) pursuant to a

former order of this Court; therefore on this day came John

B. Slack and James R. McKinnie the subscribing witnesses to

said Will who being qualified, testified to the due execution &

attestation of said Will which testimony was reduced to writing

and by them respectively subscribed and filed with said Will

Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of Oliver P. Clark

deceased, that the same was duly executed and attested

that the said Testator at the time of signing the same

was of lawful age, of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever; It is therefore by the Court ordered that the said

Will be admitted to probate and that the same, together

with the testimony of the witnesses above named be entered

or record on this Court. At the same time came Mrs. Mary

Clark the widow of the deceased and the Will being read

to her and the matter fully fully explained to her, she

there elected to accept the stipulations of the Will of her

late husband, and the same is made a matter

of record

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 541)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 541)

Description

[page 541]

[corresponds to labeled page 488 of Will Record Vol. 6 1876 - 1883]

488

Oliver P. Clark's Will

Copy of Will

In the name of the benevolent Father of all, I, Oliver P.

Clark of Delaware Township, Delaware County Ohio, being

of sound mind and memory but in anticipation of death

do make, publish and declare this to be my last Will

and Testament

1st

It is my will and desire that out of my estate all of

my just debts be fully paid

2nd

It is my will and desire and I do direct that all of

my property both personal and real estate be converted in-

to money by my Executor hereinafter named and that

out of the proceeds thereof, there be paid by my said Executor

to my beloved wife Mary Clark such sums from time to

time as she may desire for a good comfortable living

and for her reasonable support and maintenance

during her natural life, which sums so paid to her

are to be in lieu of years support, [] and all allow-

ances to which she would otherwise be entitled by law.

My said Executor to have charge of the funds arrising

from the sale of my property and see to its investment

and make the payments to my said wife as above direc-

ted during her natural life as aforesaid

3rd

It is my will, and desire and I do direct that the

Probate Court appoint some suitable person as guardian

for my son John B. Clark of both his person and property

and that my said Executor pay from time to time to

such Guardian for the benefit and use of my said son

such sums as will be necessary for his support and main-

tenance in a comfortable manner as long as he shall

live

4th

In case of the death of my said wife before that of

my son, the remainder of my estate in the hands of my

Executor shall be by him accounted for and paid over

to the Guardian of my said son, to be expended for his

support and maintenance

5th

In case any of my estate should be left unexpended

at the death of both my said wife and son, then in

that event, it is my will and desire, that the residue

if any there should be, shall be divided into two equal

parts and paid as follows: One part to my nephew and

namesake Oliver P. Vincent of Coshocton O. or his heirs

and the other one part to my nephew and name sake
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 542)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 542)

Description

[page 542]

[corresponds to labeled page 489 of Will Record Vol. 6 1876 - 1883]

489

Oliver P. Clark's Will

Oliver P. Clark of South Carolina, or to his heirs.

6th

I do here by nominate Ervin J. Healy, Executor of

this my last Will and Testament.

In witness whereof I do hereunto set my hand and

seal this 23rd day of September A.D. 1882 and pub-

lish the same as my last Will and Testament in

presence of John B. Slack and James R. McKinnie


Signed Sealed Acknowledged and published by said

Oliver P. Clark as his last Will and Testament in our

presence and signed by us as witnesses thereunto in

his presence at his request the day aforesaid including

the words interlined between lines 16 & 17 and the words

erased in lines 17 & 18 which were so written and erased

before signing

John B. Slack

James R. McKinnie


Probate of Will

The State of Ohio}

Delaware County }SS

Personally appeared in open Court

John B. Slack and James R. McKinnie the subscribing

witnesses to the last Will and Testament of Oliver P. Clark

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 Oliver P. Clark now deceased, is the Will

of said deceased Oliver P. Clark that they were present

at the execution of said Will, at the request of the Testa-

tor, subscribed their names to the same as witnesses, in

his presence, and that they saw the said Oliver P. Clark

deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament

that the said Oliver P. Clark at the time of making

signing and sealing said Will, was of legal age and

of sound and disposing mind and memory, and under

no undue or unlawful restraint whatsoever

Sworn to and Subscribed in open Court) John B. Slack

this 23rd day of October A.D. 1882. ) James R. McKinnie

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 543)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 543)

Description

[page 543]

[corresponds to labeled page 490 of Will Record Vol. 6 1876 - 1883]

490

Jane Welsh's Will

November 15" 1882

This day an instrument of writing purporting

to be the last Will and Testament of Jane Welsh late of

Delaware Township in this County deceased was produced in

open Court for probate and it appearing to the Court that the

said Will had not been deposited in the court before the death of

the Testator, it is now ordered that the said Will be filed in

this Court, and Sarah Jane Owens and Lizzie B. Wood the

next of kin of the Testator being present and waived notice.

And it now being shown to the satisfaction of the Court that

due notice of the filing of said Will and of the application

to admit the same to probate and record in this Court has

been given to Sarah Jane Owens and Lizzie B. Wood next

of kin of the Testator: thereupon on this day came L.D. McCabe

one of the subscribing witnesses to said Will (A.R. Gould, the other

witness being dead) who being duly qualified, testified to the due

execution and attestation of said Will, which testimony was

reduced to writing, by him subscribed and filed with said Will

Also on the same day came John S. Jones and James R. Lytte

who being duly sworn say that they are well acquainted with

the signature of A.R. Gould, the other subscribing witnesses

which testimony was reduced to writing and by them

respectively subscribed and filed with said Will. Whereupon

the Court finds that the aforesaid instrument of writing is

the last Will and Testament of the said Jane Welsh deceased

that the same was duly executed and attested that the

said Testator at the time of signing the same was of

lawful age of sound and disposing mind and memory

and under no undue or unlawful restraint whatsoever

It is therefore by the Court ordered that the said Will be

admitted to probate and that the same together with the

testimony of the witnesses above named, be entered or record in

this Court

Rufus Carpenter

Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Jane Welsh

of the city of Delaware in the State of Ohio do make and

publish this my last Will and Testament, hereby revoking and

declaring and and void all other Wills and Testaments or

writings in the nature of Last Wills and Testaments heretofore
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 544)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 544)

Description

[page 544]

[corresponds to labeled page 491 of Will Record Vol. 6 1876 - 1883]

491

Jane Welsh's Will

by me made -

Item 1st

I hereby give and desire and bequeath to my dau-

ghter Sarah Jane owens all the Real Estate and personal

property notes and mortgages that I may have or be in

possession of at the time of my decease. Subject however

to the following provisions or charge on said estate viz--That

my said daughter Sarah Jane Owens shall pay or cause

to be paid to my grand-daughter Lizzie B. Wood the sum

of ($1,500) Fifteen Hundred dollars-- and I direct that the

Probate Court shall not require my daughter Sarah Jane

Owens to give bail or to execute any bond for the pay-

ment of said fifteen hundred dollars to my said grand

daughter Lizzie B. Wood, as I have full confidence that

my said daugher Sarah Jane Owens will do as I have

herein directed

Item 2nd

I hereby nominate and appoint my son-in-law C. H.

Owens the Executor of this my last Will and Testament

and desire that he shall pay all debts and expenses

that may be a lien on my said estate. I also desire

that the Probate Court shall not require my said Executor

C.H. Owens to give bail or to execute any bond for the

faithful discharge of his duty --

In testimony whereof I hereunto set my hand and

seal this 2nd day of October in the year of our Lord

One Thousand Eight Hundred and Seventy-Five

Jane Welsh


Signed, Sealed and acknowledged by said Jane

Welsh as her last Will and Testament in our presence

and at her request signed by us in her presence and

in the presence of each other as witnesses there to this

2nd day of October 1875

L.D. McCabe

A.R. Gould


Probate of Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court L.

D. McCabe one of the subscribing witnesses to the last

Will and Testament of Jane Welsh deceased (A.R. Gould

the other witnesses being dead) who being duly sworn ac-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 545)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 545)

Description

[page 545]

[corresponds to labeled page 492 of Will Record Vol. 6 1876 - 1883]

492

Jane Welsh's Will

cording 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 Jane Welsh now deceased, is the

Will of said deceased Jane Welsh that they were present at

the execution of said Will, at the request of the Testator sub-

scribed their names to the same as witnesses in his pres-

ence, and that they saw the said Jane Welsh deceased

sign and seal said Will and heard her acknowledge,

the same to be her last Will and Testament: that the said

Jane Welsh at the time of making, signing and sealing

said Will, was of legal age and of sound and disposing

mind and memory, and under no undue or unlawful

restraint whatsoever

L.D. McCabe

Sworn to and subscribed in open

Court this 15" day of November A.D. 1882.

Rufus Carpenter

Probate Judge

The State of Ohio}

Delaware County }SS

Personally appeared in open Court John

S. Jones and James R. Lytte who say that they are well acquain

ted with the signature of A.R. Gould one of the subscribing

witnesses to the last Will and Testament of Jane Welsh, deceased,

who being duly sworn according to law to speak the truth, the

whole truth and nothing but the truth, depose and say that

they are well acquainted with the signature of A.R. Gould

one of the subscribing witnesses to the last Will and Testament

of Jane Welsh now deceased and know the same to be the

signature of said A.R. Gould now deceased

John S. Jones

James R. Lytte

Sworn to and subscribed in open

Court this 15th day of November A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 546)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 546)

Description

[page 546]

[corresponds to labeled page 493 of Will Record Vol. 6 1876 - 1883]

493

Nancy Leonards Will

November 10" 1882

This day an instrutment of writing

purporting to be the last Will and Testament of Nancy

Leonard late of Berkshire Township in the county de-

ceased was produced in open Court for Probate and

it appearing to the Court that the said Will had not

been deposited in this Court before the death of the

Testator it is now ordered that the said will be filed

in this Court and that due notice thereof and of

the application to admit the same to probate and

record. be given by George J. Roberts to Matilda Durling

Jane Leonard, Celinda Perfect, Mary B. Leonard and

Eliza Forwood next of kin of the Testator residents of

the State of Ohio that said applicattion will be for

hearing before this Corut on the 17th day of November

A.D. 1882 at 11 oclock A.M.

Rufus Carpenter

Probate Judge

November 17th 1882

Be it remembered that heretofore to wit: on the

10th day of November A.D. 1882 an instrument of writ-

ing purporting to be the last Will and Testament of Nancy

Leonard late of Berkshire Township in this County

deceased was produced in open Court for probate and

was then filed. And it now being shown to the sat-

isfaction of the Court that due notice of the filing of

said Will and of the application to admit the same

to probate and record in this Court has been given

to Matilda Durling, Jane Leonard, Celinda Perfect

Mary B. Leonard, and Eliza Forwood next of kin of

the Testator pursuant to a former order of the Court; there-

upon on this day came George J. Roberts and A. Wash-

burn the subscribing witnesses to said Will who being

duly qualified testified to the due execution and at-

testation of said will, which testimony was reduced

to writing and by them respectively subscribed and

filed with said Will. Whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Nancy Leonard deceased

that the same was duly executed and attested:

that the said Testator at the time of signing the

same was of lawful age of sound and disposing
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 547)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 547)

Description

[page 547]

[corresponds to labeled page 494 of Will Record Vol. 6 1876 - 1883]

494
Nancy Leonards Will

mind and memory and under no undue or un-

lawful restraint whatsoever. It is therefore by the Court

ordered that the said Will be admitted to probate and

that the same together with the testimony of the witnesses

above named or entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

I, Nancy Leonard of Berkshire Township Delaware County

Ohio do hereby make and publish this my last Will and

Testament

First. I will that all my just debts and charges be paid

out of my estate

Item 2nd I give and bequeath to my daughters Matilda Dur-

ling, Jane Leonard, Celinda Perfect, Mary B. Leonard and

Eliza Forwood, in equal amounts all of the balance of

my estate after paying my debts

I nominate and appoint George J. Roberts Executor of

this my last Will and Testament and hereby authorizing

and empowering him to adjust, release and compromise

my debts and desire that the Court of Probate order that

there shall be no appraisement or sale of my personal prop

erty.

Witness my hand and seal this 28th day of

December 1881
her
Nancy X Leonard

mark

The above named Nancy Leonard signed, sealed and ack-

nowledged the above as her last Will and Testament in our

presence and we signed as witnesses in her presence as

witnesses in her presence

George J. Roberts

A. Washburn


Probate of Will

The State of Ohio}

Delaware County }SS

Personally appeared in open Court

George J. Roberts and A. Washburn the subscribing witnesses
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 548)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 548)

Description

[page 548]

[corresponds to labeled page 495 of Will Record Vol. 6 1876 - 1883]

495

Nancy Leonards Will

to the last Will and Testament of Nancy Leonard

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 Nancy Leonard now deceas-

ed, is the Will of said deceased, Nancy Leonard, 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 her presence, and that they

saw the said Nancy Leonard deceased, sign and

seal said Will and heard her acknowledge the same

to be her last Will and Testament: that the said

Nancy Leonard at the time of making, signing and

sealing said Will, was of legal age of sound and

disposing mind and memory, and under no un-

due or unlawful restraint whatsoever

George J. Roberts

A. Washburn

Sworn to and subscribed in open Court the 17th

day of November A.D. 1882.

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 549)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 549)

Description

[page 549]

[corresponds to labeled page 496 of Will Record Vol. 6 1876 - 1883]

496

Sylvester H. Rosecrans Will

In the Matter of the Will } Probate Court Franklin County

of Sylvester H. Rosecrans deceased} Ohio

Saturday April 12th A.D. 1879

This day an instrument of writing, purporting to be the last

Will and testament of Sylvester H. Rosecrans late of Colum-

bus in this County, deceased, was produced in open Court for

Probate. It is now ordered that the said Will be filed in this

Court, and that due notice thereof and of the application

to admit the same to Probate and Record be given by N.

A. Gallegher to Mary Rosecrans next of kin of the testator

resident of the State of Ohio, that said application will

be for hearing before this Corut. on the 15th day of May A.D.

1879 at 10 oclock A.M.

John T. Gale

Probate Judge

And afterwards, to wit: on the 1st day of July A.D. 1879

the findings and orders of this Court, relative to the last

Will and Testament of Sylvester H. Rosecrans, deceased,

were entered on the Journal in words and figures following

to wit:

In the Matter of the Will of } July 1st A.D. 1879

Sylvester H. Rosecrans deceased}

Be it remembered, that hereto-

fore to wit: on the 12th day of April A.D. 1879, an instrument

of writing purporting to be the last Will and testament of

Sylvester H. Rosecrans late of Columbus in this County,

deceased, was produced in open court for Probate, and was

then filed. And it now being shown to the satisfaction

of the Court, that due notice of the filing of said Will and

of the application to admit the same to Probate and Record

in the Court, has been given to the next of kin of the testa-

tor, pursuant to a former order of this Court: therefore on

this day came Nicholas A. Gallegher one of the subscrib-

ing witnesses to said Will who being duly qualified, testified

to the due execution and attestation of said will and further

testified that T. Meagher the other subscribing witness to

said Will had gone to parts unknown, and at the same

time came William J. Clark who being duly qualified tes-

tified to the genuineness of the hand writing of said testator

Sylvester H. Rosecrans deceased, all of which testimony was

reduced to writing, and by them respectively subscribed, and

filed with said will. Whereupon the Court finds that the

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 550)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 550)

Description

[page 550]

[corresponds to labeled page 497 of Will Record Vol. 6 1876 - 1883]

497

Sylvester H. Rosecrans Will

aforesaid instrument of writing is the last Will and

Testament of said Sylvester H. Rosecrans deceased

that the same was duly executed and attested: that

the said Testator at the time of signing the same was of

lawful age, of sound and disposing mind and mem

ory and under no undue or unlawful restraint what-

soever. It is, therefore by the Court ordered, that the said

Will be admitted to Probate, and that the same together

with the testimony of the witnesses above named, be entered

of Record in this Court

John T. Gale


Will

In the name of Father and of the Son and of the Holy

Ghost Amen, I, Sylvester H. Rosecrans Bishop of Columbus

do make and publish this my last Will and Testament

In accordance with the requirements of the law or

rule agreed upon among the Bishops of the United

States. I do hereby give devise, and bequeath all my

property and estate real, personal and mixed, or

whatsoever kind or nature wherever situated to Most

Reverend John B. Purcell, Archbishop of Cincinnati; Right

Reverend J. H. Lewis Bishop of Fort Wayne Indiania, Right

A.M. Toebbe Bishop of Covington Kentucky Rev George

H. Aherns Chanceller of Columbus John Joyce of Col-

umbus, Jacob Reinhard of Columbus and Michael

A. Daugherty of Lancaster or the survivors of them or

any one of them that for that purpose may be desig-

nated by said Most Reverend John B. Purcell Archbishop

of Cincinnati or his successor as such archbishop in

trust that they or the survivors of them or the one so

designated shall and will immediately on the installa

tion of my successor in the See of Columbus by author-

ity of the Holy Apostate see into the Episcopal office con-

vey and assure to my said successor all of said prop

erty real, personal and mixed by the same title, by which

at my death, I may hold the same the object and pur-

pose of this will being to secure the said property to the

Catholic Church for whose use I received the same

In testimony whereof, I have hereunto set my hand

and seal this 15th day of December A.D. 1870

Sylvester H. Rosecrans
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 551)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 551)

Description

[page 551]

[corresponds to labeled page 498 of Will Record Vol. 6 1876 - 1883]

498

Sylvester H. Rosecrans Will

Signed, Sealed and declared to be his last Will

and Testament by Right Reverend Sylvester H. Rosecrans

in our presence and signed by us in his presence as

witnesses at his request and in presence of each other

T. Magher

N.A. Gallegher

Testimony

The subscribing witnesses to said Will after being duly

sworn to speak the truth the whole truth, and nothing

but the truth in relation to the execution of said Will,

testified thereto in open Court, which testimony was redu-

ced to writing and by them respectively subscribed, and

is in words and figures following to wit:

The State of Ohio} Probate Court

Franklin County }SS

I, Nicholas A. Gallagher being duly sworn

in open Court this 1st day of May 1879 depose and say

that I was present at the execution of the last Will and

Testament of Sylvester H. Rosecrans deceased, hereunto annex

ed: That I saw Sylvester H. Rosecrans said Testator

subscribe said Will, and heard him publish and declare

the same to be his last Will and Testament: and that the

said Sylvester H. Rosecrans at the time of executing the

same was of full age, and of sound mind and memory

and under no restraint, and that I signed the same as

a witness at his request, and in his presence.

N.A. Gallagher

Sworn to and subscribed in open Court and the day and

year first above written

John T. Gale

Probate Judge

The State of Ohio}

Franklin County }SS

I, William J. Clark being duly sworn

in open Court this 1st day of July 1879 depose and say

that, I am well acquainted with the hand writing of

Sylvester H. Rosecrans deceased having often seen him

write! that I have examined the signature to the instru-

ment hereto attached purporting to be the will of said

Sylvester H. Rosecrans deceased and know the same to

be the genuine signature of said Sylvester H. Rosecrans

dec William J. Clark
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 552)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 552)

Description

[page 552]

[corresponds to labeled page 499 of Will Record Vol. 6 1876 - 1883]

499

Sylvester H. Rosecrans Will

Sworn to and Subscribed to in open Court the day

and year above written

John T. Gale

Probate Judge

The State of Ohio}

Franklin County }SS

I John T. Gale Judge of the Probate

Court, within and for said County hereby certify the

foregoing to be the true copy of the last Will and Testa-

ment of Sylvester H. Rosecrans deceased, as the same

remains on file and record in said Court, together

with the entry of Probate thereof, and the testimony of

witnesses to prove the same, as recorded in Record of

Wills vol. G. Page 562

Witness my official signature and

the Seal of said Court at Columbus, this 24th

day of June A.D. 1882

John T. Gale

Probate Judge

By L.B. Tussing

Deputy Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 553)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 553)

Description

[page 553]

[corresponds to labeled page 500 of Will Record Vol. 6 1876 - 1883]

500

William H. Jones Will

Dec 11" 1882 Probate Court of Delaware County Ohio

In the matter of recording the order of the Probate of the

Will of William H. Jones deceased.

This day was presented to the

Court an authenticated copy of the Will of William H. Jones

deceased and the order of Probate from the record of the

Probate Court of Champaign County Ohio, duly authenticated

and it is ordered by the Court here that the same be ad-

mitted to record in this County which is accordingly done

Rufus Carpenter

Probate Judge

No 1013.

Last Will and Testament of Wm H. Jones. June 23" 1882


Be it remembered - That on the 23" day of January A.D. 1882.

there was produced in open Court and offered for probate an

instrument of writing purporting to be the last Will and Testament

of William H. Jones, late of Johnson Township Champaign County

Ohio, deceased

And it now being shown to the satisfaction of the Court that

notice of the filing of said Will and of the application to

admit the same to probate and record in this Court has been

waived by the next of kin of the Testator resident of the State

of Ohio in writing and their written consent for the Probate and

Record of said Will filed herein -

Thereupon on this day came Samuel Sills and Nancy Sills

subscribing witnesses to said Will, who being duly qualified tes-

tified to the due execution and attestation of said Will which

testimony was reduced to writing by them respectively subscribed

and filed with said Will -

Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testimony of said William H.

Jones deceased. That the same was duly executed and

attested and that the said Testator at the time of signing

the same was of lawful age, of sound and disposing

mind and memory and under no undue or unlawful

restraint whatsoever

It is therefore by the Court ordered that the said Will be ad-

mitted to Probate and that the same together with the tes-

timony of the witnesses above named be entered of record

in this Court
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 554)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 554)

Description

[page 554]

[corresponds to labeled page 501 of Will Record Vol. 6 1876 - 1883]

501

William H. Jones Will

St. Paris, Champaign Co. Ohio

January 21" 1882

To the Probate Judge of

Champaign County Ohio

We the undersigned heirs of

William H. Jones, deceased, certify that we have been ad-

vised of the contents of the Will of said William H. Jones

by hearing the same read and notice that the same

will be presented for Probate on Monday next and we

hereby waive any objection to the probating of the same

and the qualification of the executors therein named.

E. G. Jones

Mary Prince

D. N. Prince

Elizabeth Jones

Catharine Dugan

Denis Dugan

Wm. H. Jones, Jr.

Sarah Ann Jones

E. t. Jones

Said Will is as follows:

In the name of the Benevolent Father of all, I,

William H. Jones Sr. do make and publish this my

last Will and Testament.

Item 1st It is my will that all my just debts shall be

paid

Item 2nd I will and bequeath to my son Eason G. Jones

the farm commonly called the Apple farm being

part of the South East quarter of Section Twenty Five

Town Three, Range 12 being One hundred and two acres

of land more or less off the South side of said quarter

and being same premises deeded to me by Henry Apple

and wife by deed dated January 11" A.D. 1838 and

recorded in Book G. Pages 256 & 257 of Champaign County

Records, reference to which deed is hereby made for great-

er particularity and certainty of description, which I value

at the sum of Six Thousand Five Hundred dollars:

Item 3" I will and bequeath to my son John S. Jones the

farm in Delaware County Ohio purchased by me of

Manley D. Covell and deeded by said Manly D. Covell

and wife to me by deed bearing date January 11" A.D.

1882 and recorded in the record of deeds of Delaware

County, Ohio, in Volume 78 Page 152: reference to which
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 555)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 555)

Description

[page 555]

[corresponds to labeled page 502 of Will Record Vol. 6 - 1876 - 1883]

502

William H. Jones Will

deed is hereby made for greater particularity and

certainty of description. Said farm is in Liberty and

Berlin Townships in said County of Delaware and con-

sists of One Hundred and Sixty Nine acres of land

which I value at Nine Thousand and Seven Hundred dollars.

Item 4" I will and bequeath to my daughter Mary Prince the

farm in Madison Township commonly called the Largin

Farm consisting of One Hundred and Twenty acres more or

less which I value at Seven Thousand Dollars: Said farm

is same purchased by me from the Assignee of John Largin

Item 5" I give and bequeath to my daughter Elizabeth Jones

the farm known as the Home Farm on which I now

reside and which was purchased by me of the Government

and on which I have resided for nearly fifty years, con-

sisting of about Eighty acres and which was patented

to me by the Government of the United States and re-

ference is hereby made to said Patent for greater par-

ticularity and certainty of description and which I

value at the sum of Eight Thousand dollars.

Item 6" I give and bequeath to my daughter Catharine

Dugan the two tracts of land that constitute what

I commonly call the Sill's land Eighty Acres of which

I purchased from Isaac Good reference to both of which

deeds is hereby made for greater particularity and

certainty of description said two tracts consisting of

One Hundred and Twenty acres of land more or less

and which I value at Seven Thousand and Two Hun-

dred dollars

Item 7" I give and bequeath to my daughter Sarah Ann

Jones the farm commonly called the Isaac Good farm

which was purchased by me from Isaac Good consisting

of Eighty Acres of land off of the North side of the North

East quarter of Section (30) thirty Town 3 and Range 11 and

which I value at the sum of Six Thousand Five Hundred

dollars

Item 8" I give and bequeath to my son William H. Jones the

farm commonly called the Graves Farm part of which

I purchased from Daniel Graves by deeds of Champaign

County Ohio, Pages 158 and 159, and part from Mary

Ann Howells which is more particularly described in a

deed from Daniel Groves and wife to said Mary Ann
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 556)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 556)

Description

[page 556]

[corresponds to labeled page 503 of Will Record Vol. 6 1876 - 1883]

503

William H. Jones Will

Howell dated March 19" 1863 and recorded in Book

33 of deeds of Champaign County Ohio, Page 684 refer-

ence to which is made for greater certainty and said

part was deeded to me by Melerna E. Beamer and

Thomas M. Beamer by deed dated April 17" 1867 reference

to which is hereby made for description. Said tracts con-

sisting of One Hundred and Fifty Seven acres of land

and which I value at Eight Thousand dollars

Item 9" I give and bequeath to my son Edward T. Jones

the farm known as the burden tract and deeded to me

by Susan M. Black and others by deed dated September

3" A.D. 1863 and recorded December 9" 1863 in Vol. 34 Re-

cord of deeds of Champaign County Ohio Pages 295, 296 and

297. reference to which deed is hereby made for greater par-

ticularity and certainty of description and a small

fraction Mrs. Tovmire and Husband. Said farm con-

sists of about Eighty four and 1/2 acres and which I value

at Seven Thousand dollars

Item 10th It is my will that the balance of my Real Estate

shall be sold by my Executors on such terms and for

such amounts as they may deem just and right at

private sale and I hereby authorize them to make deeds

of conveyance for the same to the purchaser or purchas-

ers thereof and they are authorized to rent said lands

until sold and they are to have three years after my

death to sell and dispose of the same

Item 11" It is my will that the proceeds of the sale of my

real estate not especificially devised and mentioned

in item Ten shall be so distributed among my

heirs so as to make each ones share as nearly equal

as possible charging each one with the value at

each specific legacy herein devised to them at the

value I have placed thereon in each separate tract

devised to them and any surplus remaining after

such equalization shall be equally divided between

all my heirs

Item 12" It is my will that my personal property after all my

just debts and funeral expenses are paid including a

suitable monument, shall be distributed to equalize the

shares received by each heir in real estate in the man-

ner set forth in item Eleven and the surplus equally

divided between any heirs except it is my will that all my

and kitchen furniture shall be given to my daughters

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 557)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 557)

Description

[page 557]

[corresponds to labeled page 504 of Will Record Vol. 6 1876 - 1883]

504

William H. Jones Will

Elizbeth and Sarah Ann and my son Edward G.

Jones is to have one horse besides the one that is his own

and wagon and harness to be selected by him from

my horses wagons and harness and Elizabeth Anna

and Edward are each to select one cow for each from

my cattle

Item 13" I nominate and appoint my sons John G. Jones and

William H. Jones as my Executors

In Witness whereof I have hereunto set my hand

and seal this fourteenth day of January A.D. 1882

Signed, Sealed and acknowledged }

by William H. Jones Sr. in our presence }

as his last Will and Testament and } William H. Jones

signed by us in his presence and at }

his request as witnesses thereto }

Nancy Sills and Samuel Sills

Proof of Will

The State of Ohio }

Champaign County } SS In Probate Court

Personally appeared in open Court Nancy

Sills and Samuel Sills the subscribing witnesses to the

last Will and Testament of William H. Jones late of Johnson

Township in said Champaign County, deceased, who being

duly sworn according to law to speak the truth, the whole

truth and nothing but the truth in relation to the exe-

cution of said Will, depose and say: That the paper before

them bearing date the fourteenth day of January A.D.

1882 purporting to be the last Will and Testament of William

H. Jones now deceased is the Will of said deceased William

H. Jones that they were present at the execution of said

Will and at the request of the Testator respectively subscribed

their names to the same as witnesses, in his presence; that

they saw the said William H. Jones deceased, sign and

seal said Will and heard him acknowledge the same

to be his last Will and Testament and that the said

William H. Jones at the time of making, signing and

sealing said Will, was of lawful age, of sound and dis-

posing mind and memory, and under no unlawful

restraint whatsoever

Samuel Sills

Nancy Sills
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 558)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 558)

Description

[page 558]

[corresponds to labeled page 505 of Will Record Vol. 6 1876 - 1883]

505

William H. Jones Will

Sworn to and Subscribed by said witnesses in open

Court this 23" day of January A.D. 1882

D. W. Todd

Probate Judge

Certificate to Copies

The State of Ohio }

Champaign County } SS.

I, D. W. Todd, Judge and Ex-officio

Clerk of the Probate Court within and for said County

said Court being a Court of Record having a Seal, do

hereby certify that the foregoing is a full and correct

copy of the Record of the last Will and Testament

of William H. Jones late of this County deceased, from

the Record of Wills of said Court. I further certify

that by the Laws of the State of Ohio, I am Ex-officio

Clerk of said Court, having sole custody of the Records

Archives and Seal of said Court: that I have been

duly commissioned and qualified as Judge of said

Court and that this attestation is in due form of law.


In testimony whereof I have hereunto set my hand and

affixed the Seal of said Court, at Urbana, Ohio this 25"

day of November A.D. 1882

D. W. Todd Probate Judge

By - F. E. Reid Deputy Clerk
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 559)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 559)

Description

[page 559]

[corresponds to labeled page 506 of Will Record Vol. 6 1876 - 1883]

506

Peter J. Schaaf's Will

December 28" 1882

This day an instrument of writing purporting

to be the last Will and Testament of Peter J. Schaaf late of

Troy Township in this County deceased, was produced in

open Court for probate and it appearing to the Court that

said Will had not been deposited in this Court before

the death of the Testator, it is now ordered that said Will

be filed in this Court, and that due notice thereof and

of the application to admit the same to probate and record

be given by Peter J. Schaaf and John C. Schaaf to Jacobina

D. Schaaf, Anna Maria Wiesman, Edward W. Schaaf

Florence E. Schaaf, Ella F. Schaaf and Annetta L. Schaaf

next of kin of the Testator, residents of the State of Ohio, that

said application will be for hearing before this Court on

the 29" day of December A.D. 1882 at 2 o'clock P.M.

Rufus Carpenter

Probate Judge

December 29" 1882

Peter J. Schaaf's Will

Be it remembered that heretofore to wit: on the 28th day

December A.D. 1882 an instrument of writing purporting

to be the last Will and Testament of Peter J. Schaaf late

of Troy Township in this County deceased was produced

in open Court for probate and was then filed. And it

now being shown to the satisfaction of the Court, that due

notice of the filing of said Will and of the application to

admit the same to probate and record in this Court

has been given to Jacobina D. Schaaf, Anna Maria

Weisman, Edward W. Schaaf, Florence E. Schaaf, Ella

F. Schaaf and Annetta L. Schaaf next of kin of the

Testator, pursuant to a former order of this Court. There-

fore on this day came Homer M. Carper and James

Downing the subscribing witnesses to said WiIl who being

duly qualified, testified to the due execution and attesta-

tion of said Will, which testimony was reduced to writing

by them respectively subscribed, and filed with said Will

Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of Peter J. Schaaf

deceased, that the same was duly executed and attested

that the said Testator was, at the time of signing and

sealing the same was of lawful age of sound and dis-

posing mind and memory and under no undue or

unlawful restraint whatsoever It is therefore by the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 560)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 560)

Description

[page 560]

[corresponds to labeled page 507 of Will Record Vol. 6 1876 - 1883]

507

Peter J. Schaaf's Will

Court ordered that the said Will be admitted to probate

and that the same, together with the testimony of the

witnesses above named be entered of record in this Court

At the same time came Jacobina D. Schaaf the wid-

ow of Peter J. Schaaf deceased, and the said Will being

read to her and her rights under the law fully ex-

plained to her by the Court, she did then elect to ac-

cept of the stipulcations and conditions of th Will of

her late husband and wishes the same to be entered

of record.

Rufus Carpenter

Probate Judge

Will of Peter J. Schaaf

In the name of the Benevolen Father of all, I, Peter

J. Schaaf of Troy Township in Delaware County in

the State of Ohio, being of sound and disposing mind

and memory, do hereby make and publish this my

last Will and Testament, hereby revoking and an-

nulling all former Wills made by me and declar-

ing this to be my last WIll and Testament:

First It is my Will that all my just debts be fully

paid by my Executors hereinafter named, and that

the personal property left by me at my decease shall

be first applied to the payment of all my debts and

funral expenses

Second It is my Will that after my decease a

suitable monument shall be placed at my grave by

my Executors, and after the decease of my beloved

wife if she die as my widow a suitable monument

shall be by Executors palced at the grave of my said

wife Jacobina D. Schaaf, And tha the expenses of

this item shall be paid out of my personal estate

if the sum shall be sufficient therefor

Third It is my Will and I do hereby devise, give

and bequeath to my said beloved wife Jacobina D.

Schaaf for and during her natural life, if she remains

my widow during the balance of her life after my

decease, or if she shall marry again, then to my said

wife Jacobina, while she remains my widow, the use

and income and control as hereinafter specified, of all

my real estate wherever situated; And of all my
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 561)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 561)

Description

[page 561]

[corresponds to labeled page 508 of Will Record Vol. 6 1876 - 1883]

508

Peter J. Schaaf's Will

personal property that shall remain after paying

debts and funeral expenses and monument for myself

as aforesaid. It being the intention hereof and it being

my will that my said wife shall have the possession

of the farm where we now reside and shall have

the control and management and income thereof as

aforesaid during her life or while she remains my widow

And that after paying debts and funeral expenses and

expenses of administration of my estate, my wife afore-

said shall have the custody control and use of my

personal property with authority to sell or dispose of any

article of personal property as she sees fit, And it is my

will, further that at any time after my decease, if in

the opinion of my Executors, hereinafter named, or in

the opinion of the survivor of them, it it will - be fore the

best interests of my estate to sell the lot of land consisting

of about fifty acres in Marlboro Township in Delaware

County Ohio, and another lot of land of about fifty six

acres which I have in Paulding County Ohio (being the

residue of land I bought of Thomas Clinesmith after deduc-

ting fifty acres this day conveyed by me to Peter Weisman)

or either of the said lots it is my Will that they, or the

survivor of them may do so, with the consent of my said

wife Jacobina: and I do hereby authorize and empower

my said Executors to sell both or either of said two last

named tracts of land and to make and execute deeds

therefore to the purchaser thereof & at such price as they

shall deem best and on such terms of credit, provided

only that the consent of my said wife, if she be still living,

must be obtained thereto before my executors shall sell said

land, or either of said tracts under the authority given

them as aforesaid. And in case of the sale of said two

tracts of land by my Executors during the life of my said

wife, it is my will that the proceeds of this sale thereof be

reinvested as my said Executors and my said wife shall

agree. It is my will that until said last named two

pieces of land are so sold that the same shall be man--

aged by my said Executors, and that the income therefrom

after paying the expenses of managing the same ( other than

commission or compensation of said Executors for their personal

trouble) and the taxes and repairs thereon shall be paid

by them, my said Executors, to my said wife. It is my

will that so as aforesaid my said wife shall have

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 562)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 562)

Description

[page 562]

[corresponds to labeled page 509 of Will Record Vol. 6 1876 - 1883]

509

Peter J. Schaaf's Will

the said income from all my said realty and personally

after paying said debts, funeral expenses, monument for

myself, expenses of administration and taxes, assessments

and repairs of said property, for her use and enjoyment,

and to be absolutely hers during her life or while she

remains my widow, but it is my Will, and I do hereby

direct that she shall not use or dispose of any of the prin-

cipal whatever, other than to change the form of investment;

a form of personal property as aforesaid.

Fourth It is my will and I do hereby devise and direct

that after the death of my said wife Jacobina D. Schaaf

or in case of her marrying again; then that after such

marriage by her, that all of my real estate, and all

personal property belonging to my estate shall be by my

said Executors sold: and in that case, I do hereby author-

ize and empower my said Executors or the survivor of them

or in case of the permanent disability or resignation of

one of them then the authority is given to the other, to sell

all my real estate, reminning unsold to such person on

such terms of credit and for such price as they shall

deem best for the interest of my estate, and to make deeds

and conveyances thereof to other purchasers, without the

aid or intervention of any Court

And I further will and direct that the proceeds of

such sale shall all, after paying necessary and legal

expenses, be equally divided among my seven children

Anna Maria Weisman, Peter J. Schaaf, John C. Schaaf

Edward W. Schaaf, Florence E. Schaaf, Ella F. Schaaf and

Annetta L. Schaaf: In case of the death of any of said

children before the said distribution of my estate leaving

no descendants of their body, then the said proceeds to

be divided among the others, but if any one of said

named children shall die before said distribution

leaving descendants of their body, then such descendants

shall take the share of such of my children so dying

per Stapes

Fifth I nominate and appoint my beloved sons Peter J.

Schaaf and John C. Schaaf to be the Executors of this my

last will and testament:

In testimony whereof I have hereunto signed my

name and affixed my seal and published this as

and for my last Will and testament this sixth day of

December in the year of our Lord One Thousand Eight Hun-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 563)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 563)

Description

[page 563]

[corresponds to labeled page 510 of Will Record Vol. 6 1876 - 1883]

510

Peter J. Schaaf's Will

did and Eighty Two

Peter J. Schaaf

Signed and Sealed by Peter J. }

Schaaf and declared by him }

to be his last Will and Testament }

in our presence, and signed by us }

as witnesses at his request in his }

presence and in presence of each other }

Homer W. Carper }

James Downing }

Probate of Will

The State of Ohio } Probate Court

Delaware County } SS.

Personally appeared in open Court Homer

Carper and James Downing the subscribing witnesses to the

last Will and Testament of Peter J. Schaaf 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 Peter J. Schaaf now deceased, is the Will of said de-

ceased, 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 Peter J. Schaaf deceased, sign and seal

said Will, and heard him acknowledge the same to be

his last Will and Testament: that the said Peter J.

Schaaf at the time of making, signing and sealing said

Will was of legal age and of sound and disposing mind

and memory, and under no undue or unlawful restraint

whatsoever.

Homer M. Carper

James Downing

Sworn to and Subscribed in open Court

this 29th day of December A.D. 1882

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 564)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 564)

Description

[page 564]

[corresponds to labeled page 511 of Will Record Vol. 6 1876 - 1883]

511

Charles Neil's Will

December 4" 1882.

In the matter of the Will }

of Charles Neil Deceased }

This day an instrument of

writing purporting to be last Will and Testiment of Charles

Neil late of Delawawre Township in this County deceased

was produced in open Court for Probate and it appear-

ing to the Court that the said Will had not been depos-

ited in this Court before the death of the Testator, it is

now ordered that the said WIll be filed in this Court

and that due notice thereof, and of the application

to admit the same to Probate and Record. Elizabeth W.

Neil, John W. Neil and Alexander Neil the next of kin

of the Testator, being present in Court and waived notice

And it now being shown to the satisfaction of the Court

that due notice of the filing of said Will has been given

to Elizabeth W. Neil, John W. Neil and Alexander Neil next

of kin of the Testator, pursuant to a former order of this

Court, therefore on this day came James H. Lytle and

J. W. Stevinson, the subscribing witnesses to said Will, who

being duly qualified, testified to the due execution and

attestation of said Will which testimony was reduced

to writing, by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Charles Neil deceased, that the same was duly

executed and attested that the said Testator at the

time of signing the same, was of lawful age of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever. It is therefore

by the Court ordered that the said Will be admitted

to probate and that the same together with the

testimony of the witnesses above named be entered of

record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all I Charles

Niel of the City of Delaware County of Delaware and

State of Ohio, do make and publish this my last Will

and Testament

Item 1st It is my wish that all my just debts and charges
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 565)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 565)

Description

[page 565]

[corresponds to labeled page 512 of Will Record Vol. 6 1876 - 1883]

512

Charles Neils Will

be first paid out of my personal estate.

Item 2nd I give and devise to my beloved wife Elizabeth W. Neil

all my personal estate and property of every kind and

description, except as hereinafter mentioned, upon the condi-

tion that she shall pay all my just debts and charges

Item 3rd I also give and devise to my said Wife in lieu of

dower in the rest of my real estate, and for her natural

life, the house and lot upon which we now reside, situate

in the City of Delaware County of Delaware and State of

Ohio, it being composed of the east part of in lot No 278

and a strip of the west part of in lot No 297, in said

City of Delaware being the same as now enclosed by a fence

and it is my will that in case my said wife shall need

the same for her support or shall choose to sell the same

that she may do so. And I hereby empower her for that

purpose to sell said premises and a deed to the purchas-

er to make execute and deliver in fee simple.

My said wife is the owner in her own right of In Lot No

1101 in said City of Delaware Ohio which I deeded to her

some years ago

Item 4th I give and devise to my grand son Charles Neil my

silver watch and my surveying instruments

Item 5th I give and devise to my son John W. Neil in trust for

my grand son Charles Neil the East part of In Lot No 297

in said City of Delaware Ohio, the same as now enclosed

by a fence. Also In Lots No 563 and 567 in said City of

Delaware Ohio. Also the premises upon which we now live

as described in Item 3" of this Will after the death of my

said Wife provided she shall not need the same for her

support and shall not dispose of the same, and in case

she shall dispose of said premises, then it is my will

that the proceeds thereof on the remainder thereof shall

pass to my said son in trust for my said grand-son Charles

Neil. And it is my will that the Probate Court appoint

my said son John W. Neil trustee as aforesaid without

requiring bonds of him. I also empower my said trustee

to sell all or any portion of said real estate and deed

to make, execute and deliver in fee simple, for the same

provided said property or any portion thereof, should be

required for the education or maintenance of my said

grand son Charles Neil. And I also empower my said

trustee to sell, as aforesaid, all or any portion of said

real estate and reinvest the proceeds in real estate or
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 566)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 566)

Description

[page 566]

[corresponds to labeled page 513 of Will Record Vol. 6 1876 - 1883]

513

Charles Neils Will

for the benefit of my said grand son Charles Neil

Item 6" I give and devise to my son Alexander Neil

in trust for my two grand daughters Cammie Neil

and Dessie Neil the West part of In Lot No 278 in

said City of Delaware Ohio, the same as now enclosed

by a fence. It is also my desire that my said wife

Elizabeth W. Neil bequeath to my said son in trust

for said Cammie and Dessie Neil, In Lot No 1101

in said City of Delaware Ohio, so that our property

may be more equally divided among our grand-

children. And it is my will that the Probate Court

appoint my said son Alexander Neil trustee for my

said grand-daughters Cammie and Dessie Neil

without requiring bonds from him. And I also empower

my said trustee to sell said real estate and a deed

to make acknowledge and deliver to the purchaser

in fee simple, should the same be required for

the education or maintainance of said Cammie

Neil and Dessie Neil. And I also empower my said

trustee to sell, as aforesaid the said real estate and

reinvest the proceeds in real estate for the benefit of

my said grand-daughters

I desire that no appraisement or sale of my personal

estate be made and that the probate Court direct the

omission of the same in pursuance of the statute

I do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand

and seal this 24" day of March A.D. 1881

Charles Neil

Signed and acknowledged by Charles Neil as his

last Will and Testament in our presence and signed

by us in his presence and at his special interest and

request

James R. Lytle

John W. Stevenson

Whereas I Charles Neil on the 24" day of March A.D. 1881

made my last Will and Testament of that date I do hereby declare

the following to be a codicil to the same. It is my Will

and desire that in case my said son John W. Neil

should die before his wife Sarah W. Neil, That the said

Sarah V. Neil shall act as Trustee instead of the said

John W. Neil, And I hereby delegate to her all the power

and priviledges that I have given to my said son, And
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 567)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 567)

Description

[page 567]

[corresponds to labeled page 514 of Will Record Vol. 6 1876 - 1883]

514

Charles Neils Will

empower her to do and perform all the acts she is

authorized to do in my said last Will and Testament.

And I also request that no bond be required of her.

I have no debts therefore I desire that no Administrator

of my estate be appointed.

In witness whereof I have hereunto set my

hand and seal this 26" day of March A.D. 1881

Charles Neil

Signed and acknowledged by Charles Neil as a codicil

to his last Will and Testament in our presence and

signed by us in his presence and at his special

instance and request

John W. Stevenson

James R. Lytle

Probate of Will

The State of Ohio }

Delaware County } SS. Probate Court

Personally appeared in open Court James

R. Lytle and John W. Stevenson the subscribing witnesses

to the last Will and Testament and Codicil of Charles Neil

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 Charles Neil now deceased, is the Will

and Codicil of said deceased Charles Neil, that they 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

Charles Neil deceased, sign and seal said Will, and

heard him acknowledge the same to be his last Will and

Testament and Codicil thereto: that the said Charles Neil

at the time of signing said Will and Codicil was of legal

age and of sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever.

James R. Lytle

J. W. Stevenson

Sworn to and Subscribed in open Court

this 4th day of December A.D. 1882

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 568)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 568)

Description

[page 568]

[corresponds to labeled page 515 of Will Record Vol. 6 1876 - 1883]

515

Elizabeth H. Schnoke's Will

March 2nd 1883

This day an instrument of writing purporting to

be the last Will & Testament of Elizabeth H. Schnoke

late of Delaware Township this County deceased was pro-

duced in open Court for Probate and it appearing to

the Court that the said Will had not been deposited

in this Court before the death of the Testator, it is now

ordered that the said Will be filed in this Court. At

the same time came the next of kin of the testator

resident of the State of Ohio, And afterwards to wit - on

the same day the findings and orders of this Court

relative to the last Will and Testament of Elizabeth

H. Schnoke deceased, were entered on the Journal in

words and figures following to wit:

Be it remembered that heretofore to wit: on the 2nd day

of March A.D. 1883 An instrument of writing purporting

to be the last Will and Testament of Elizabeth H. Schnoke

deceased late of Delaware Township this County, was pro-

duced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court

that due notice of the filing of said Will and of the ap-

plication to admit the same to probate and record in

this Court has been given to next of kin of the Testator

Therefore on this day came J. Vogt and Sarah Schnoke

the subscribing witness to said Will who being duly

qualified testified to the due execution and attestation

of said Will which testimony was reduced to writing

and by them respectively subscribed and filed with said

Will Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Elizabeth H. Schnoke deceased that the same

was duly executed and attested that the said

Testatrix at the time of signing the same was of

lawful age of sound and disposing mind and mem-

ory and under no undue or unlawful restraint

whatsoever It is therefore by the Court ordered that the

said Will be admitted to probate and that the same

be entered of record in this Court

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 569)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 569)

Description

[page 569]

[corresponds to labeled page 516 of Will Record Vol. 6 1876 - 1883]

516

Elizabeth H. Schnoke's Will

In the name of God, the Father, the Son and the

Holy Ghost: Amen

I Elizabeth H. Schnoke. of Troy Township

Delaware County Ohio, do make and publish this my

last Will and Testament revoking all other wills by me

heretofore made.

1st

I direct that after my decease my body be decent-

ly and in a christian manner burried

2nd

All my debts shall be honorably and fairly paid

in: debts resulting from my illness, decease and funeral

other debts I have none

3rd

I give and bequeath to my beloved husband Henry

Schnoke my entire estate with all I now possess and all

that is to come to me by inheritance from my fathers

and my mothers estate both of whom reside in Pine-

grove township Schuylhill county State of Pennsylvania

4th

I hereby nominate and appoint Janes L. Slough

as Executor of this my last Will and Testament who

shall have power to make sale and execute deeds with-

out authority from Court.

In testimony whereof I hereunto subscribe my name

and set my seal this Sixteenth day of January 1883

Elizabeth H. Schnoke


Signed and acknowledged in our

presence and in the presence of each other and at her

request have hereunto set our hands this Sixteenth day

of January 1883

J. Vogt

Mrs. Sarah Schnoke


The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court

J. Vogt and Sarah Schnoke the subscribing witnesses

to the last Will and Testament of Elizabeth H. Schnoke

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 Will depose and

say that the paper before them purporting to be the last

Will and Testament of Elizabeth H. Schnoke now deceased

is the Will of said deceased Elizabeth H. Schnoke that

they were present at the exucution of said Will at

the request of the Testator subscribed their names
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 570)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 570)

Description

[page 570]

[corresponds to labeled page 517 of Will Record Vol. 6 1876 - 1883]

517

Elizabeth H. Schnoke's Will

to the same as witnesses in her presence and that

they saw the said Elizabeth H. Schnoke deceased, sign

and seal said Will and heard her acknowledge

the same to be her last Will and Testament and the

said Elizabeth H. Schnoke at the time of making, sign-

ing and sealing said Will, was of legal age and of

sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

J. Vogt

mrs. Sarah Schnoke

Sworn to and subscribed in open

Court this 2nd day of March A.D. 1883

Rufus Carpenter

Probate Judge


Betsy Pool's Will

========================================================


Know all men by these present that I Betsy Pool of the

Township of Orange in the County of Delaware and State of

Ohio, do make and publish this my last Will and Testa-

ment, hereby revoking all former wills by me at any time

heretofore made.

First

My Will is that all my just debts and funeral

expenses shall by Executor hereinafter named be paid

out of my estate as soon after my decease as shall

by him be found convenient.

Second

My four oldest children Sally, Ann, Grover T. Catha

rine and Phebe have had their full share of my property

therefore I shall give them or their heirs no more at my

decease.

Third

I give and bequeath to Betsy Ward, Alijah Pool,

Julia Allen and Lafayette Pool each of them two hundred

dollars and interest after my decease to be paid to them

by my executor as follows Fifty Dollars and interest

yearly, to each of them commencing two years after my

decease and continuing until the Two hundred dollars

is paid to each of them

Fourth

I give, desire and bequeath to my son Lyman

C. Pool, my home farm and all of my personal property

money and credits after my just debts, funeral expenses

and the foregoing legacies have been paid.

Fifth

I do nominate and appoint my said son Lyman
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 571)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 571)

Description

[page 571]

[corresponds to labeled page 518 of Will Record Vol. 6 1876 - 1883]

518

Betsey Pools Will

C. Pool to be the executor of this my last Will and Tes-

tament

I desire that no appraisement and no sale of any

personal property be made and that the Court of Probate

direct the omission of the same in pursuance of the

Statute.

In testimony hereof I have hereunto set my hand

and seal this 27" day of November in the year 1876

Betsy Pool

Signed and acknowledged by said }

Betsey Pool as her last Will and }

Testament in our presence and }

signed by us in her presence }

Frank Kenyon

Alice Kenyon

State of Kansas} In Probate Court

Crawford County}SS

To All to Whom These Presents Shall Come, Greetings:

Know Ye, That whereas Betsey Pool late of said county died

testate, as it is said, having, at the time of her death prop-

erty in this State which may be lost, destroyed or diminished

in value, if speedy care be not taken of the same: To the

end, therefore: that said property may be collected, preserved

and disposed of according to law and in accordance

with Will of deceased, we do hereby contribute and appoint

Lyman C. Pool of said County Executor of all and singular

the goods and chattels, rights and credits, which whereof the

said Betsey Pool at the time of her death, with full power

and authority to secure and dispose of said property ac-

cording to law and collect all money due said deceased

and in general, to do and perform all other acts and

things which are or may hereafter be required of him by

law or the decree of any Court having jurisdiction and in

accordance with Will of decedent

In Testimony Whereof I, James A Smith

Judge of the Probate Court in and for said County do hereto

set my hand and affix the seal of said Court this 11" day

of April A.D. 1882.

James A. Smith

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 572)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 572)

Description

[page 572]

[corresponds to labeled page 519 of Will Record Vol. 6 1876 - 1883]

519

Betsy Pol's Will

The State of Kansas}

Crawford County }SS

I, James A. Smith Judge and ex-

office Clerk, of the Probate Court in and for said County of

Crawford, and State of Kansas, do hereby certify that the

foregoing is a true and correct copy of Letters Testament-

ary with copy of Will annexed issued in and by

said Court to Lyman C. Pool as Executor of the Estate

Betsey Pool deceased, Crawford County Kansas and

that said Lyman C. Pool has duly taken the oath of

his said office, and has given bond for the performance

of its duties, as required by law.

In Testimony Whereof, I do hereunto

set my hand and affix the seal of said Court, this 17"

day of April A.D. 1882.

James A. Smith

Probate Judge and Ex-Officio

Clerk


Receipts for the Legacies in this will named are filed

with the Will to which reference is made



Diana Hunts Will

=========================================================



March 6" 1883 }

In the matter of the Will } In Probate Court of Delaware

of Diana Hunt deceased } County Ohio

This day an instrument of

writing purporting to be the last will and Testament of

Diana Hunt late of Delaware County deceased, was pro-

duced in open Court for probate and it appearing to

the Court that the said Will had not been deposited

in this Court before the death of the Testator, it is now

ordered that the said Will be filed in this Court and

that due notice of the filing and of the application

to admit the same to probate and record be given

to the next of kin of the Testator, residing in the State

of Ohio, that said application will be for hearing before

this Court on the 27" day of March A.D. 1883 at 2

o'clock P.M. and commission issued to E.A. Pealer

Probate Judge of Knox County to take testimony of witness

is to said Will

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 573)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 573)

Description

[page 573]

[corresponds to labeled page 520 of Will Record Vol. 6 1876 - 1883]

520

Diana Hunt's Will

March 27" 1883

Be it remembered that heretofore to wit on

the 6" day of March A.D. 1883 an instrument of

writing purporting to be the last Will and Testament of

Diana Hunt late of Delaware County deceased was

produced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court

that due notice of the filing and of the application to

admit the same to probate and record has been given

to Milton A. Hunt, Charles A. Hunt, John E. Hunt, Leonie

Hunt, Viola Young and Albert Purdiance next of kin

of the Testator pursuant to a former order of this Court

Therefore on this day came William McClelland the sub-

scribing witness to the last Will and Testament of

Diana Hunt deceased they residing out of the juris-

diction of this Court, where testimony was taken and

reduced to writing by E.A. Pealer Probate Judge of Knox

County Ohio when a commission for that purpose issued

out of this Court, the testimony so taken being duly

certified and returned by said commissioner and filed

herein and it appearing to the Court from the testimony

of said witnesses that such Will was duly attested and

executed and that the Testatrix at the time of execut-

ing the same was of full age and of sound mind

and memory and not under any restraint. It is

now here ordered that said Will be admitted to probate

and filed, and that the same together with the testi-

mony so taken and reduced to writing as aforesaid

be recorded

Rufus Carpenter

Probate Judge




Will

I, Diana Hunt, of Knox County, Ohio, do make

and publish this my last Will and Testament

Item 1st In pursuance of the power and authority

vested in me by the last Will and Testament of my

late husband David Hunt, I hereby give and dispose

of the real and personal estate of my said husband

not specifically devised in said will, as follows:

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 574)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 574)

Description

[page 574]

[corresponds to labeled page 521 of Will Record Vol. 6 1876 - 1883]

521

Diana Hunt's Will

I will and direct that the sum of Three hundred

dollars be paid to my grandchildren, children of my

son A.J. Hunt, in addition to the sum of Three

Hundred dollars given them in my said husbands

will

I also will and direct that the sum of Three

Hundred dollars be paid to my grand-children

children of my daughter Sarah A. Purdiance in

addition to the sum of Three Hundred dollars given

them in my said husbands will

Said several bequests to be paid in one year after

my decease

I give and direct that all the rest and residue

of the property real and personal left by my said hus-

band, and all that I may die possessed of be given

to and divided among all my children of such as

are dead or may hereafter die, to have the share

their parents would be entitled to if alive

Those to whom I have or may hereafter make ad-

vancements to account for the same with interest

I hereby nominate and appoint my son Milton

A. Hunt Executor of this my last Will and

Testament to carry out the provisions of this Will in

connection with the Will of my said husband of

which he is the Executor

I hereby revoke all former wills by

me made

In testimony whereof I have hereunto set my

hand and seal this 15" day of August A.D. 1871

The erasure of the $100- legacy to Leonie Hunt was

made before signing

Diana Hunt

Signed by the said Diana Hunt in our presence

and signed by us in her presence and in the presence

of each other and acknowledged by her as her last

Will and Testament and signed by us at her request

The erasures of the legacy of $100.00 to Leonie Hunt

was made before signing

Ester McClelland

Wm McClelland
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 575)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 575)

Description

[page 575]

[corresponds to labeled page 522 of Will Record Vol. 6 1876 - 1883]

Diana Hunt's Will

Whereas I, Diana Hunt on the 15" day of August

A.D. 1871 made my last Will and Testament of

that day as above set forth do hereby declare the

following to be a codicil to the same

I do hereby bequeath all my silver ware and

all my household goods of every description to my

two daughters Catherine Young and Debra Skeen

to be equally divided between them

I do also bequeath my [] to my sons John and

Milton to be equally divided between them

In testimony whereof I have hereunto set my hand

and seal this 26" day of May 1874

Diana Hunt

Witnesses

Wm M. McClelland

W.C. Culbertson


Commission

To Take Testimony of Witnesses to Will

The State of Ohio}

Delaware County }SS

To E.A. Pealer, 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 Ester McClelland and William

McClelland and W.C. Culbertson subscribing witnesses

to the last Will and Testament of Diana Hunt

hereto 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 Ester McClelland

William McClelland and W.C. Culbertson 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 of the said

Diana Hunt and that you reduce such exam-

ination to writing, and return the same together

with this Commission and the Will of the said

Diana Hunt thereto annexed, closed up under your

seal, into our said Probate Court, with all convenient

speed.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 576)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 576)

Description

[page 576]

[corresponds to labeled page 523 of Will Record Vol. 6 1876 - 1883]

523

Diana Hunt's Will

In testimony Whereof, I, Rufus Carpenter, Judge

of the said Court, have hereunto set my hand and

affixed the Seal fo said Court at Delaware this

6th day of March A.D. 1883

Rufus Carpenter

Probate Judge


Probate of Will

The State of Ohio} Probate Court

Knox County }SS

Personally appeared in open Court

Ester McClelland, William McClelland the sub-

scribing witnesses to the last Will and Testament

of Diana Hunt deceased, who being duly sworn

according to law to speak the truth the whole truth

and nothing but the truth in relation to the execu-

tion of said Will depose and say that the paper

before them purporting to be the last Will and Tes-

tament of Diana Hunt now deceased, is the Will

of said deceased Diana Hunt, that they were pres-

ent at the execution of said Will at the request of

the Testatrix, subscribed their names to the same as

witnesses in her presence, and that they saw the

said Diana Hunt, deceased, sign and seal

said Will and heard her acknowledged the same

to be her last Will and Testament: that the said

Diana Hunt, at the time of making, signing and

sealing said Will, was of legal age, of sound and

disposing mind and memory, and under no un-

due or unlawful restraint whatsoever.

Ester McClelland

Wm M. McClelland

Sworn to and subscribed in

open Court this 8th day of March A.D. 1883

E. A. Pealer

Probate Judge


Proof of Codicil

The State of Ohio} In Probate Court

Knox County }SS

Personally appeared in open Cour Wm
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 577)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 577)

Description

[page 577]

[corresponds to labeled page 524 of Will Record Vol. 6 1876 - 1883]

524

Diana Hunt's Will.

McClelland and W.C. Culbertson the subscribing

witnesses to the Codicil to the last Will and Testament

of Diana Hunt, late of Monroe Township, in said

Knox County, deceased, who being duly sworn accor-

ding to law to speak the truth the whole truth and

nothing but the truth in relation to the execution of

said Codicil depose and say, that the paper before them

bearing date the 26" day of May 1874 purporting to

be a Codicil to the last Will and Testament of Diana

Hunt now deceased is the Codicil of said deceased

Diana Hunt, that they were present at the execution

of said Codicil and at the request of the Testatrix respect-

ively subscribed their names to the same as witnesses, in

her presence, that they saw said Codicil and heard her

acknowledge the same to be the Codicil to her last Will

and Testament; and that the said Diana Hunt

at the time of making, signing and sealing said

Codicile was of lawful age and of sound and dis-

posing mind and memory and under no undue or

unlawful restraint whatsoever

Wm C. McClelland

W.C. Culbertson

Sworn to and Subscribed by said

witnesses in open Court; this 8" day of March A.D. 1883

` E.A. Pealer

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 578)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 578)

Description

[page 578]

[corresponds to labeled page 525 of Will Record Vol. 6 1876 - 1883]

525

Jacob Hoover's Will

January 16" 1883

On the matter of the Will} In Probate Court Delaware County

of Jacob Hoover deceased }

This day an instrument of

writing purporting to be the last Will and Testament

of Jacob Hoover late of Thompson Township in this

County, deceased, was produced in open Court for

Probate and it appearing to the Court that the said

Will had not been deposited in this Court before the

death of the Testator, It is now ordered that the said

Will be filed in this Court and that due notice of

the filing and of the application to admit the

same to probate and record, be given by this Court to

Anna Barstow, Jacob Hoover, James B. Hoover, B,

Dalbert Hoover, Albert Sivy, Edward Buff, Mary Ott.

Mahala Moses, William Hoover and Rachel Sivey

next of kin of the Testator that said application

will be for hearing before this Court on the 30" day

of January A.D. 1883 at 11 oclock A.M.

Rufus Carpenter

Probate Judge

January 30" 1883

Be it remembered that heretofore to

wit: on the 16" day of January A.D. 1883 an instru-

ment of writing purporting to be the last Will and

Testament of Jacob Hoover late of Thompson Township

this County deceased, was produced in open Court

for probate and was then filed, And it now being

shown to the satisfaction of the Court that due

notice of the filing of said Will and of the appli-

cation to admit the same to Probate and Record

has been given to Anna Barstow, Jacob G. Hoover

James B. Hoover, B. Dalbert Hoover, Albert Sivey, Rachel

Sivey, Mart Ott, Mahala Moses, William Hoover and

Edward Buff next of kin of the Testator pursuant to

a former order of this Court, Therefore on this day came

T. P. Cratty and J. B. Linsley the subscribing witnesses to

said Will, who being duly sworn testified to the due

execution and attestation of said Will which testimony

was reduced to writing and by them respectively sub-

scribed and filed with said Will. Whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of Jacob Hoover deceased, that

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 579)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 579)

Description

page 579


[corresponds to labeled page 526 of Will Record Vol. 6 1876 - 1883]

526

Jacob Hoover's Will

the same was duly executed and attested, that

the said Testator, at the time of signing the same

was, of lawful age, of sound and disposing mind

and memory and under no undue or unlawful

restraint whatsoever. It is therefore by the Court ordered

that the same together with the testimony of the wit-

nesses above named, be entered of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the Name of the Benevolent Father of All:

I, Jacob Hoover of Delaware County, Ohio, being of

sound and disposing mind and memory do make

this my last Will and Testament

1st It is my will that as soon after my decease

as prudent and practable all my just debts and

funeral expenses be paid.

2nd It is my will that soon after my decease, a

sale be made of all the personal property of which I

may die seized, and possessed according to law, and

that the proceeds thereof together with the proceeds of all

moneys and credits of which I may die seized and

possessed (my funeral expenses and just debts having

been paid out of the same ) be divided equally among

the three following of my children, viz: Mary Ott, Ma-

hala Moses, and Rachel Sivey

3rd It is also my will that soon after my de-

cease all the real estate of which I may die seized

and possessed shall be sold according to law and

the proceeds thereof be divided as follows:--Fifty dollars

to be paid to my daughter Ann Barstow and one

Hundred dollars to each of my grand children

named as follows: Jacob G. Hoover, James B. Hoover

B. Dalbert Hoover and Albert Sivey--And one Hun-

dred dollars to be paid to Edward Buff and then

the ballance to be divided among my following named

daughters and grandchildren as follows: My daughter

Mary Ott, Mahala Moses and Rachel Sivey, each

to have one fourth (1/4) of the ballance and the chil-

dren of said Mary Ott, to have 1/12, and the children

of Mahala Moses to have 1/12 and the children of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 580)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 580)

Description

[page 580]


[corresponds to labeled page 527 of Will Record Vol. 6 1876 - 1883]

527

Jacob Hoover's Will

Rachel Sivey to have 1/12 of the ballance. I have

already given to my son William his full portion

of my estate and therefore have left him without

anything in this my last Will and Testament

4th I desire this Court to appoint a judicious

person to settle up my estate in accordance with

this my last Will and Testament, but I do not wish

that either son or son-in-law be appointed.

In testimony whereof I have hereunto set my

hand and seal this 6" day of November A.D. 1882
his
Jacob X Hoover
mark

Signed, sealed and acknowledged by Jacob Hoover

as his last Will and Testament in our presence and

signed by us as his witnesses, in his presence, at his

request

Attest T.P. Cratty

J.B. Linsly


Probate of Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court J.

B. Linsley, T.P. Cratty the subscribing witnesses to the

last Will and Testament of Jacob Hoover 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 Jacob Hoover, now deceased

is the Will of said deceased Jacob Hoover, 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

Jacob Hoover deceased sign and seal said Will, and

heard him acknowledge the same to be his last Will

and Testament: that the said Jacob Hoover at the

time of making, signing and sealing said Will, was

of legal age, of sound and disposing mind and

memory, and under no undue or unlawful re-

straint whatsoever

J. B. Linsley

T.P. Cratty
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 581)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 581)

Description

[page 581]


[corresponds to labeled page 528 of Will Record Vol. 6 1876 - 1883]

528

Sworn to and Subscribed in open Court this 30" day of

January A.D. 1883

Rufus Carpenter

Probate Judge.




Ann P. Sweetser's Will



March 8" 1883

In the matter of the Will } In Probate Court Delaware County

of Ann P. Sweetser deceased} Ohio

This day an instrument of writing

purporting to be the last Will and Testament of Ann P.

Sweetser late of Delaware in the County of Delaware

deceased, was produced in open Court for probate and it

appearing to the Court that the said Will had not

been deposited in this office before the death of the Testa-

tor, it is now ordered that the said will be filed in this

Court. At the same time came Milo D. Pettibone, Estelle T.

Richardson, Annette P. Little, Grace V. Lee, Frances J. Clark,

Florence S. Morse next of kin of the Testatrix resident of

the State of Ohio and waived the issuing of service of notice

and requested that the last Will and Testament of

Ann P. Sweetser be admitted to probate in this Court. And

afterwards to wit: on the same day March 8" 1883 the fin-

dings and orders of this Court relative to the last Will and

Testament of Ann P. Sweetser, deceased, were entered on

the Journal in words and figures following to wit: Be it

remembered that heretofore to wit: on the 8" day of March

A.D. 1883 an instrument of writing purporting to be the

last Will and Testament of Ann P. Sweetser, late of Del-

aware, in the County of Delaware deceased, was produced

in open Court for probate and was then filed. And it now

being shown to the satisfaction of the Court, that due notice

of the filing of said Will, and of the application to admit

the same to probate and record in this Court, has been

given to Milo Pettibone, Estelle T. Richardson, Annette Little

Grace V. Lee, Frances J. Clark and Florence S. Morse

next of kin of the Testator, therefore on this day came

J .L. Thurston and V.D. Staymen the surviving witnesses

to said Will, who being duly qualified, testified to the

due execution and attestation of said Will. Will which
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 582)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 582)

Description

[page 582]


[corresponds to labeled page 529 of Will Record Vol. 6 1876 - 1883]

529

Ann P. Sweetser's Will

testimony was reduced to writing and by them respectively

subscribed and filed with said will. Whereupon the Court

finds that the aforesaid instrument of writing is the last

Will and Testament of said Ann P. Sweetser, deceased,

and that the same was duly executed and attested

and that the said Testatrix at the time of signing the

same was of lawful age, of sound and disposing

mind and memory and under no undue or un-

lawful restraint whatsoever. It is therefore by the Court

ordered that the said Will be admitted to probate and

that the same together with the testimony of the wit-

nesses above named, be entered or record in this Court

Rufus Carpenter

Probate Judge


Copy of Will

I, Ann P. Sweetser, of the City of Delaware, County

of Delaware and State of Ohio being of sound and

disposing mind and memory, do make and publish

this my last Will and Testament, that is to say:

First, I give devise and bequeath to my son Milo

D. Pettibone and my five daughters by my first husband

viz: Estelle T. Richardson, Annette P. Little, Grace V.

Lee and Frances I. Clark the undivided one half

of my farm situated in the Township of Delaware

County of Delaware and State of Ohio and known as

being in Lots No's Six and Ten (6 & 10) in Section Two (2)

Township Four (4) and Range Nineteen (19) containing

Two Hundred acres of Land.

Second I give and bequeath to my daughter

Florence Morse, nee Sweetser, the undivided one half of

my farm, (which is described in Item No One above)

Third To my son Milo D. Pettibone, I give my

Portrait

Fourth To my daughter Estelle T. Richardson I give

my diamond ring a Silver Mustard Cup, and my

White Lace Shawl

Fifth To my daughter Annette P. Little, I give my

watch and chain, my set of Painted China and my

Brocha Shawl.

Sixth To my daughter Grace V. Lee, I give my Pearls

Garnet set, consisting of Pin and Earrings, a silver Salt

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 583)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 583)

Description

[page 583]


[corresponds to labeled page 530 of Will Record Vol. 6 1876 - 1883]

530

Ann P. Sweetser's Will

cellar and my single black Brocha Shall

Seventh To my daugher Frances I. Clark, I give

my Emerald ring, small Pearl & Garnet neck pin, my

Onyx Pin and Rings and the Carbunch Pin and Jewel

ry Casket

Eighth To Mary Pettibone I give a Silver Salt cellar

I do not intend to have any debts against my estate

but if there are any just ones, I wish them paid out

of my personal estate

I desire that no appraisement and no sale of my

personal property be made (unless it be for the payment

of just debts) and that the Court of Probate direct the

omission of the same in pursuance of the Statute

All the rest, residue and remainder of my personal

estate after the bequests above mentioned. I desire to be

equally divided between my children viz: Milo D.

Pettibone, Estelle T. Richardson, Annette P. Little, Grace

V. Lee and Frances I. Clark and Florence Morse.

Not having any male heirs in the County of

Delaware, I hereby nominate and appoint William

A. Hall Executor of this my last Will and Testa-

ment. I hereby revoke all former Wills by me made

It is my wish to be buried by the side of my youn-

est child Charley Sweetser, and I also desire the in-

scription of the time of my death and my age, in-

scribed on the monument of my said child Charley

Sweetser. All I wish written on the monument, is

my name and the words "Charlie's Mother"

In witness whereof I hereunto set my hand and

seal at Delaware aforesaid, this second day of

February Eighteen Hundred and Eighty two.

A. P. Sweetser

Signed and acknowledged by said Ann P. Sweetser, as

her last Will and Testament in our presence and signed

by us in her presence

J. L. Thurston

V. D. Stayman

Probate of Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court

J. L. Thurston and V. D. Stayman the subscribing wit-

nesses to the last Will and Testament of Ann P. Sweetser

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 584)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 584)

Description

[page 584]


[corresponds to labeled page 531 of Will Record Vol. 6 1876 - 1883]

531

Ann P. Sweetser's Will

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 Ann P. Sweetser now deceased, is the Will of

said deceased Ann P. Sweetser, that they were

present at the execution of said Will, at the request

of the Testatrix, subscribed their names to the same

as witnesses in her presence, and that they saw the

said Ann P. Sweetser, at the time of making, signing

and sealing said Will, was of legal age and of

sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever

J.L. Thurston

V.D. Stayman

Sworn to and subscribed in

open Court this 8" day of March

A.D. 1883

Rufus Carpenter

Probate Judge

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 585)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 585)

Description

[page 585]


[corresponds to labeled page 532 of Will Record Vol. 6 1876 - 1883]

532

Sylvester M. Williamson's Will

March 6th 1883

In the matter of the Will of } Probate Court

Sylvester M. Williamson, deceased}

This day an instrument

of writing purporting to be the last Will and Testament

of Sylvester M. Williamson, late of Brown Township in

this County, deceased, was produced in open Court for

probate and it appearing to the Court that the said

Will had not been deposited in this Court before the

death of the Testator, it is now ordered that the said

Will be filed in this Court and that due notice there

of and of the application to admit the same to pro-

bate and record be given by Hannah Jane William-

son widow of said deceased, to Joseph Williamson

Rosanna Meeker, Eliza J. Kriss, Susan Sehern, Madison

Williamson, Mary Jennings, Charles Williamson, Jeremiah

Williamson, next of kin of the Testator resident of the

State of Ohio, that said application will be for hear-

ing before this Court on the 20" day of March A.D. 1883

at 10 o,clock A.M.

Rufus Carpenter

Probate Judge

March 20" 1883

Be it remembered that heretofore to wit:

on the 6" day of March A.D. 1883 an instrument of

writing purporting to be the last Will and Testament of

Sylvester M. Williamson late of Brown Township in this

County deceased, was produced in open Court for probate

and was then filed. And it being shown to the satis-

faction of the Court that due notice of the filing of

said Will and of the application to admit the same

to probate and record in this Court has been given to

Jeremiah Williamson, Charles D. Williamson, Madison

Williamson, Susan Sebring, Mary E. Jennings, Joseph

Williamson, Rosanna Meeker and Eliza Jane Kriss, next

of kin of the Testator pursuant to a former order of this

Court, therefore on this day came John S. Gill and

Henry J. Eaton the subscribing witnesses to said Will

who being duly qualified, testified to the due execution

and attestation of said Will, which testimony was re-

duced to writing, by them respectively subscribed and

filed with said Will. Whereupon the Court finds that

the aforesaid instrument of writing, is the last Will
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 586)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 586)

Description

[page 586]


[corresponds to labeled page 533 of Will Record Vol. 6 1876 - 1883]

533

Sylvester M. Williamson's Will

and Testament of said Sylvester M. Williamson

deceased, that the same was duly executed

and attested, that the said Testator at the time

of signing the same was of lawful age, of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever. It is there

fore by the Court ordered, that the said Will be ad-

mitted to probate and that the same, together with

the testimony of the witnesses above named be enter-

ed of record in this Court. At the same time came

Hannah Jane Williamson widow of said decedent

and the Will being read to her and fully explain-

ed, she did then and there elect to take under

the law and not under the Will, and the same

has become a matter of record

Rufus Carpenter

Probate Judge

Copy of Will

I, Sylvester M. Williamson, of the Township of Brown

County of Delaware and State of Ohio being about

Seventy years of age, and being of sound and disposing

mind and memory, do make, publish and declare

this my last Will and Testament, hereby revoking and

making null and void all other last Wills and

Testaments by me made heretofore:

First.-- My Wills that all my just debts and

funeral expenses shall be paid out of my estate as

soon after my decease as shall be found convenient.

Second.-- I give devise and bequeath to my beloved

wife Hannah Jane, all personal property, money and

credits, of which I may be the owner at my decease

and in whatsoever form the same may be in at the

time, and which may be left of my personal estate

after paying all my just debts, funeral expenses and

expenses of settling my estate, to be owned and possessed

by her absolutely, as her property: and I do further devise

to her, to have and to hold, and to have the sole use

and control of during her natural life all the Real

Estate of which I may be the owner of or have any

interest in at the time of my decease. These bequests to

my wife are in lieu of her years support and all

other rights, share, interest and dower, which she by
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 587)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 587)

Description

[page 587]


[corresponds to labeled page 534 of Will Record Vol. 6 1876 - 1883]

534

Sylvester M. Williamson's Will

law, would have in any estate, were I to make no

will.

Item Third-- I do give devise and bequeath the "estate in

remainder" in all my said real estate, left after taking out

the life estate as aforesaid devised to my wife, to my fol-

lowing named Sons and daughters. Joseph Williamson of

Kingston Township in said County, Rosanna wife of Stephen

Meeker, Eliza Jane wife of A. Kriss and Susan wife of

Frank Seburn all of Trenton Township in said County

Madison Williamson of Sunbury in said County, Mary

wife of Jeremiah Jennings of Knox County Ohio, and Charles

D. Williamson of the City of Columbus Ohio, to have to hold

the same (after the decease of my said wife) jointly in fee

simple--Having already advanced to my son Jeremiah

his share in my estate, I have not made any devise to

him herein.

Item Fourth I do hereby nominate, constitute and ap-

point my beloved wife Hannah Jane Williamson Execu-

trix of this my last Will and Testament and request that

she be not required to give any bond in its execution and

that there be no appraisement and sale of my estate

I do not expect it will be necessary to sell real estate to

pay my debts but if it should be, I hereby authorize and

empower my said Executrix to sell real estate at private

sale or public sale as she may think best, and deeds

to purchasers to execute and deliver in fee simple and

the proceeds thereof after paying indebtedness to use during

her natural life, and at her decease to be equally divided

among those children to whom I have given the land

as above

In testimony whereof I have set my hand to this

my last Will and Testiment at the City of Delaware

Ohio this Nineteenth day of October in this year of our

Lord One Thousand Eight Hundred and Eighty-One

Sylverster Madison Williamson

The foregoing instrument was signed by the said Sylvester M.

Williamson in our presence and by him published and

declared to be for his last Will and Testament to us and at

his request and in his presence and in the presence of

each other, we hereunto subscribe our Names as Attesting

Witnesses, at the city of Delaware Ohio, this Nineteenth day

of October A.D. 1881

John S. Gill resides at Delaware Ohio

Henry J. Eaton " " " "

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 588)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 588)

Description

[page 588]


[corresponds to labeled page 535 of Will Record Vol. 6 1876 - 1883]

535

Sylvester M. Williamson's Will

Probate of Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court John

S. Gill and Henry J. Eaton the subscribing witnesses to

the last Will and Testament of Sylvester M. William-

son, 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 Sylvester M. Williamson now

deceased, is the Will of said deceased Sylvester M.

Williamson, 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 Sylvester M. Williamson, deceased,

sign and seal said Will and heard him acknowledge

the same to be his last Will and Testament: that the

said Sylvester M. Williamson at the time of making,

signing and sealing said Will, was of legal age and

of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever.

John S. Gill

Sworn to and subscribed in open Court

this 20" day of March A.D. 1883

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 589)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 589)

Description

[page 589]


[corresponds to labeled page 536 of Will Record Vol. 6 1876 - 1883]

536

Julia R. L. Platt's Will

April 4" 1883

This day an instrument of writing purporting to be the

last Will and Testament of Julia R. L. Platt late of

Berlin Township in this County deceased was produced

in open Court for probate and it appearing to the Court

that the said Will had not been deposited in this Court

before the death of the Testatrix, it is now ordered that the

said Will be filed in this Court and that due notice

thereof and of the application to admit the same to pro-

bate and record be given by Milo S. Adams to Delia S.

Adams, Rosetta W. Lewis, Emma C. Elliott next of kin of

the Testatrix, residents of the State of Ohio that said applica-

tion will be for hearing before this Court on the 7" day of

April A.D. 1883 at 1 o'clock P. M.

Rufus Carpenter

Probate Judge

April 7" 1883

Be it remembered that heretofore to wit: on the

4" day of April A.D. 1883 an instrument of writing pur-

porting to be the last Will and Testament of Julia R. L.

Platt late of Berlin Township this County deceased, was

produced in open Court for probate and was then filed

And it now being shown to the satisfaction of the Court

that due notice of the filing of said Will and of the ap-

plication to admit the same to probate and record in

this Court has been given to Rosetta W. Lewis, Delia L.

Adams, and Emma C. Elliott and Milo L. Adams next

of kin of the Testatrix pursuant to a former order of this

Court, therefore on this day came Levins R. Ryant

Sarah A. Caulkins the subscribing witnesses to said Will

who being duly qualified testified to the execution and

attestation of said Will which testimony was reduced to

writing by them respectively subscribed and filed with

said Will. Whereupon the Court finds that the afore-

said instrument of writing is the last Will and Testa-

ment of said Julia R. L. Platt deceased that the same

was duly executed and attested, that the said Testatrix

at the time of signing the same was of lawful age, of

sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever. It is there-

fore by the Court ordered that the said Will be admit-

ted to probate and that the same together with the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 590)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 590)

Description

[page 590]

[corresponds to labeled page 537 of Will Record Vol. 6 1876 - 1883]

537

testimony of the witnesses above named be entered

of record in this Court

Rufus Carpenter

Probate Judge

Copy of Will

In the name of God Amen:

I, Julia R. L. Platt of the Township of Berlin, County

of Delaware and State of Ohio, being of sound and dis-

posing mind and memory ( thanks be to God for the

same) and realizing the uncertainty of life, do make

and publish this my last Will and Testament.

1st After paying all my just debts and final

expenses, I give and bequeath unto my sister Delia

L. Adams, all my personal property and otherwise

disposed of

2nd All my farm situated in Berlin Town-

ship, Delaware County Ohio, I give and bequeath

the use of the same, unto my sister Delia L.

Adams, and Rosette W. Lewis during their natur-

al lives, said farm being known as the South West

pt. Lot 6 - Tp. 7. Sec 4. R. 18. containing 52 acres more

or less.

3rd After the death of said Delia L. Adams and

Rosetta W. Lewis, said farm shall be divided into two

divisions known as the West and East division. The West

division shall begin for the same at a point where the

South line of said farm crosses the State Road, run-

ning through the same, and running thence north

by, and with the center of the road, eight rods, thence

East forty rods, thence north to the north line of said

farm, thence west along said north line by the north

west corner of said farm, South along the west line

of said farm to the southwest corner of said farm

thence each along the south line of said farm, to the

place of beginning. The East division shall consist of

the balance of said farm on the East side of said

State Road running to the center of Alum Creek ac-

cording to the water and bounds of said farm as

recorded in the land Records of Delaware County

aforesaid. The West division as aforesaid, shall be the

property and I hereby bequeath the same unto Emma
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 591)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 591)

Description

[page 591]

[corresponds to labeled page 538 of Will Record Vol. 6 1876 - 1883]

538

Julia R. L. Platt's Will

C. Elliott, her hires and assigns for ever. The East divi-

sion as aforesaid, shall be the property and I hereby be-

queath the same unto Milo L. Adams, his heirs and

assigns forever.

4th I hereby appoint my nephew Milo L. Adams the

sole Executor of this my last Will and Testament and

Trustee for the management and controll of my estate for

the benefit of the aforesaid legatees

In witness whereof, I have hereunto set my hand and

seal in Berlin Township aforesaid, this fifth day of February

A.D. Eighteen Hundred and Eighty Three

Julia R. L. Platt

Signed and Sealed by Julia R. Platt

as and for her last Will and Testament

in the presence of us, who in her presence

and in the presence of each other and

at her request, have hereunto subscribed

our names as witnesses

Sarah A. Caulkins

Levins R. Ryant

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open Court Sarah

A. Caulkins, Levins R. Ryant the subscribing witnesses to

the last Will and Testament of Julia R. L. Platt, 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 Testa-

ment of Julia R. L. Platt now deceased, is the Will of said

deceased, Julia R. L. Platt that they were present at the

execution of said Will, at the request of the Testatrix

subscribed their names to the same as witnesses in her

presence, and that they saw the said Julia R. L. Platt de-

ceased sign and seal said Will, and heard her acknowl-

edge the same to be her last Will and Testament, and that

the said Julia R. L. Platt at the time of making signing and

sealing said Will was of legal age and of sound and

disposing mind and memory and under no undue or

unlawful restraint whatsoever

Levins R. Ryant

Sarah A. Caulkins
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 592)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 592)

Description

[page 592]

[corresponds to labeled page 539 of Will Record Vol. 6 1876 - 1883]

539

Sworn to and Subscribed in open Court this 7" day of

April A.D. 1883

` Rufus Carpenter

Probate Judge


Henry Stith's Will
=======================================================

April 20" 1883

This day an instrument of writing purporting to be the

last Will and Testament of Henry Stith late of

Berkshire Township in this County, deceased, was pro-

duced in open Court for probate and it appearing

to the Court that the said Will had not been de-

posited in this Court before the death of the testator

it is now ordered that the said Will be filed in

this Court and that due notice thereof and of the

application to admit the same to probate and record

be given by Jessie Stith to Hannah, James W. Stith

Margaret Gammill, Nancy Merideth, Mary J. William-

son Amy Bockoven, Franklin P. Stith Sarah William-

son and William H. Stith next of kin of the Testator

resident of the State of Ohio, that said application

will be for hearing before this Court on the 25" day of

April A.D. 1883 at 1 o'clock P.M.

Rufus Carpenter

Probate Judge

April 25" 1883

Be it remembered that heretofore to wit: on the 20" day

of April A.D. 1883, An instrument of writing purporting

to be the last Will and Testament of Henry Stith late of

Berkshire Township this County deceased, was produced in

open Court for probate and was then filed and it now

being shown to the satisfaction of the Court that due notice

of the filing of said Will and of the application to admit

the same to probate and record in this Court has been

given to James Stith, Margaret Gammill, Nancy Meredith

Mary J. Williamson, Amy Bockover, Franklin P. Stith, Sarah

Williamson, William H. Stith and Hannah Stith widow

of Henry Stith next of kin of the Testator pursuant to a

former order of this Court, therefore on this day came

B. Moore and L. P. Hanover the subscribing witnesses to

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 593)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 593)

Description

[page 593]

[corresponds to labeled page 540 of Will Record Vol. 6 1876 - 1883]

540

Henry Stith's Will

said Will, who being qualified, testified to the due

execution and attestation of said Will which testimony

was reduced to writing and by them respectively subscribed

and filed with said Will whereupon the Court finds that

the aforesaid instrument of writing is the last Will and

Testament of said Henry Stith deceased that the same was

duly executed and attested, that the said Testator at the

time of signing said Will was of legal age of sound

and disposing mind and memory and under no un-

due or unlawful restraint whatsoever - It is therefore

by the Court ordered that the said Will be admitted to

probate and that the same, together with the testimony

of the witnesses above named, be entered of record in

this Court. At the same time came Hannah Stith wid-

ow of Henry Stith deceased and the Will being read to

her and fully explained to her by the Court and her

rights under the law being fully explained to her she

did then elect to take under the Will of her late hus-

band and asked that the same be made as matter

of record

Rufus Carpenter

Probate Judge

Copy of Will

In the name of the Benevolent Father of all, I Henry

Stith of Berkshire Township, Delaware County Ohio, of

sound mind and memory, knowing the uncertainty

of life and the certainty of death do hereby make

and publish this my last Will and Testament

Item 1st I desire that all my just debts, funeral expenses

and all necessary expenses be paid out of my personal

estate and that there be erected at my grave a suit-

able tombstone or monument of good quality of marble

Item 2nd I give devise and bequeath to my Beloved wife in lieu

of her dower, the town property upon which we now reside

in the town of Sunbury, Delaware County Ohio, with all

the household goods and furniture of every kind and all

the provisions provided for the support of the family, one horse

buggy and harness, one cow and four hundred dollars

a year during her natural life.

Item 3rd My Real Estate situate in Trenton and Porter Township

Delaware County Ohio, containing about three Hundred
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 594)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 594)

Description

[page 594]

[corresponds to labeled page 541 of Will Record Vol. 6 1876 - 1883]

541

Henry Stith's Will

and Twenty five acres of land, I desire shall be equal-

ly divided between my four sons on the terms hereinafter

mentioned - James W. Stith giving him his portion where

he now resides, except his timber land. Jessie Stith

his where he now resides except enough timber land to

make him his number of acres. Giving Frank Stith

his where he now resides except enough timber land to

make his number of acres. Willis H. Stith his portion

where he now resides, except timber land enough to

make his number of acres giving each and

equal number of acres of land and each to have

their cleared land that they now use and occupy

and the timber to be divided so that each will have

about Eighty one acres a piece James Stith and

Willis H. Stith to pay to my beloved wife during her

life one hundred dollars each annually. Jessie

Stith to pay her annually one hundred and Twenty

dollars during her life and Frank Stith to her Eighty

dollars annually during her life

Item 4" I give devise and bequeath to my five daughters

Nancy Meredith, Margaret Gammill, Mary Jane

Williamson, Amy Bockover, Sarah William Eight

hundred dollars each to be paid to them as follows

After the death of my said wife, further desire

that my two sons James and Jessie shall pay Twelve

hundred dollars each after the death of my said

wife to be paid in Two hundred dollars payments

to be equally divided between my five daughters above

named and that Frank and Willis H. pay Eight

hundred dollars each after the death of my said

wife also paying Two hundred each annually to be

divided as above between my five daughters before

named

Item 6" All my personal estate if any that may remain

after paying the foregoing items, I desire shall be equal-

ly divided between my foregoing named children, sons

and daughters

Item 7" I do hereby constitute and appoint my Son Jessie

Stith Executor of this my last Will and Testament

and hereby revoke all former wills made by me

Sept 26" 1879 Henry Stith
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 595)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 595)

Description

[page 595]

[corresponds to labeled page 542 of Will Record Vol. 6 1876 - 1883]

542

Henry Stith's Will

Signed by said Henry Stith as his last Will and Testa-

ment in our presence and signed by us in his presence

and at his request this 26" day of September 1879

B. Morris

L. B. Hanover

Probate of Will

The State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open Court B. Moore

and L. B. Hanover the subscribing witnesses to the last

Will and Testament of Henry Stith deceased, who being

duly sworn according to law to speak the truth, the whole

truth and nothing but the truth in relation to the ex-

ecution of said Will depose and say that the paper be-

fore them purporting to be the last Will and Testament

of Henry Stith now deceased is the Will of said deceas-

ed Henry Stith 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 Henry Stith, deceased, sign and

seal said Will, and heard him acknowledge the same

to be his last Will and Testament: that the said Henry

Stith at the time of making, signing and sealing

said Will, was of legal age and of sound and dispos-

ing mind and memory, and under no undue or

unlawful restraint whatsoever

B. Moore

L. B. Hanover

Sworn to and subscribed in open Court this 25" day

of April A.D. 1883

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 596)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 596)

Description

[page 596]

[corresponds to labeled page 543 of Will Record Vol. 6 1876 - 1883]

543

Almon S. B. Newton's Will

In the matter of the Will } June 13th A.D. 1883

of Almon S. B. Newton deceased }

An authenticated copy of

the last Will and Testament of Almon S. B. Newton de-

ceased late of Erie County and State of New York was

this day presented to this Court for record; Whereupon

the Court being satisfied on examination that said Will

was duly executed and proved according to the laws of

the State of New York and part of the property by

said Will devised being situated in this County, said

copy is hereby admitted to record in this Court accor-

ding to law

Rufus Carpenter

Probate Judge

Copy of Will

In the name of God, Amen.

I, Almon S. B. Newton of the Village of Akron in

the County of Erie and State of New York being of

sound mind and memory and considering the

certainty of this frail and transitory 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, I give and bequeath unto my beloved wife

Cornelia E. Newton all of my personal property of

every name and nature whatsoever to her and her heirs

forever

Second - I give and devise unto my said Wife Corne-

lia E. Newton and her heirs forever all of my real estate

of which I may die seized or possessed

Likewise, I make

constitute and appoint my said wife Cornelia E. Newton

to be Executrix of this my last Will and Testament, hereby

revoking all former Wills by me made

In witness whereof, I have hereunto subscribed

my name and affixed my seal the 30th day of November

in the year of our Lord one thousand eight hundred and

seventy five

Almon S. B. Newton {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 597)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 597)

Description

[page 597]

[corresponds to labeled page 544 of Will Record Vol. 6 1876 - 1883]

544

Almon S. B. Newton's Will

The above instrument was subscribed by the said Almon

S. B. Newton in our presence and acknowledged by him

to each of us: and he at the same time declared the

above instrument so subscribed to be his last Will and Tes-

tament: and we at his request, have signed our names

as witnesses hereto in his presence and in the presence

of each other, and written opposite our names our respective

places of residence.

Russell S. Tabor Akron Erie County N.Y.

Frank L. Churchill Akron Erie County N.Y.

County of Erie }

Surrogate's Office } SS.

Be it remembered, that on the day and of

the date hereof, the Last Will and Testament of Almon S. B.

Newton late of the town of Newstead in the County of Erie

deceased, being the foregoing written instrument hereto annexed

was duly proven before Zebulon Ferris, Surrogate of said County

according to law, as for the Last Will and Testament of the

real and personal estate of the said deceased, which said last

Will and Testament and the proofs and examinations taken

thereon, are recorded in this office

In witness whereof, the Surrogate of said County

hath hereunto set his hand and affixed his seal of office

this 4th day of January in the Year of our Lord one thousand

eight hundred and Seventy six

Zebulon Feris Surrogate
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 598)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 598)

Description

[page 598]

[corresponds to labeled page 545 of Will Record Vol. 6 1876 - 1883]

545

William M. Warren's Sr Will

June 13" 1883

In the matter of the Will of } Probate Court Delaware County Ohio

William M. Warren deceased }

Be it remembered that heretofore

to wit: on the 12" day of June A.D. 1883 an instrument of writing

purporting to be the last Will and Testament of William M.

Warren Sr late of Scioto Tp this County deceased was produced

in open Court for probate and was then filed. And it now

being shown to the satisfaction of the Court that due notice of

the filing of said Will and of the application to admit the

same to probate and record has been given to Robert N. Warren

William M. Warren Jr. John H. Warren, Fred R. Warren and

F. D. Warren next of kin of the Testator pursuant to a former

order of this Court. It appearing to the Court that Charles

Charles Knight Jr one of the subscribing witnesses to said Will has

gone to parts unknown Whereupon came Essie Warren and A.

M. Raun appeared in open Court and were duly sworn and

examined according to law touching to genuineness of the

signature of said Charles Knight Jr attached to said Will

and the testimony thereon reduced to writing and filed

therefore on this day came F. M. Maxwell the other subscribing

witness to said Will and being duly qualified testified to the

due execution and attestation of said Will which testimony

was reduced to writing and by him subscribed and filed

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 599)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 599)

Description

[page 599]

[corresponds to labeled page 546 of Will Record Vol. 6 1876 - 1883]

546

William M. Warren Sr. Will


with said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testiment of said

William M. Warren Sr deceased that the same was duly ex-

ecuted and attested: that the said Testator at the time of

signing the same was of lawful age of sound and disposing

mind and memory and under no undue or unlawful re-

straint whatsoever. It is therefore by the Court ordered that this

said Will be admitted to probate and that the same together

with the testimony of the witnesses above named be entered of

record in this Court.

Rufus Carpenter

Probate Judge.

Will

Last Will and Testament of William M. Warren Sr of

Milville Delaware County Ohio.

On this first day of September in the year of Our Lord

One Thousand Eight Hundred and Eighty. I William M.

Warren Sr. at Delaware Ohio do make and publish this my

last Will and Testament.

First = I desire all my just debts to be paid, and the costs

of Administering my estate hereinafter named

Second, I devise and bequeath to Fredrick R. Warren and

F. D. Warren son and daughter of Benjamin F. Warren de-

ceased. each the sum of Six Hundred Dollars that is to

Fredrick Six Hundred Dollars and to F. D. Warren Six

Hundred Dollars to be paid them out of my estate as herein

set forth. In case of the death of either of said Fredrick R.

Warren or F. D. Warren before any decease then and in that

case I desire the survivor to receive the full amount of Twelve

Hundred and should both said Fredrick R. and F. D.

Warren die before my deceace then the shares which they

would have received shall be divided equally between my

Three Sons herein after named -

Third - After my decease and the payment of the legacies

in item Second mentioned I give, devise, and bequeath to

my affectionate sons Robert W. Warren, John H. Warren

and William M. Warren Jr the whole of my estate both

Real and Personal and of whatsoever the same may con-

sist after laying the legacies in item Second and the

costs of administering my estate, to be equally divided

between them that is to my son Robert, one part and to my

son John, one part and to my son William one part

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 600)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 600)

Description

[page 600]

[corresponds to labeled page 547 of Will Record Vol. 6 1876 - 1883]

547


William M Warren Sr Will

In case of the death of either of my said sons before

my decease then the part which said son would have

received shall go to the heirs of that son

Fourth - I do nominate and appoint my sons Rob-

ert W. Warren, John H. Warren and William M.

Warren Jr Executers of this my last Will and Testa-

ment and ask and direct that they may not

be required to give bonds as such Executors, And it

is my further request that no appraisement be made

of my estate. And I hereby authorize my said Executors

after my death to sell and dispose of, as in their

Judgement they may think best either at public or

private sale all my estate both real and personal

and deeds therefore to execute acknowledge and deliver

to convey title, or if in their judgement they may think

best, then to divide and partition said estate accor-

ding to the provisions of this

Fifth - the legacies mentioned in item second to the

heirs of my said deceased son Benjamine F. Warren

I direct my said Executors to pay over within two

years after my death

In testimony whereof I the said William M.

Warren Sr at the City of Delaware Ohio on this

first day of September. In the year of our Lord

One Thousand Eight Hundred and Eighty (1880) hereunto

set my hand and seal.

William M. Warren {seal}

Signed, Sealed and Acknowledge by the said

William M. Warren Sr to be his last Will and Testament

in our presence and at this request and in his presence

and in the presence of each other signed by us as

witnesses thereto

F.M. Mariott

Chas. W. Knight Jr.

Probate of Will

The State of Ohio}
}ss Probate Court
Delaware County }

Personally appeared in open Court A.M.

Raun and Essie Weiser who being sworn according to law

to speak the truth, the whole thru and nothing but the

truth depose and say that they are acquainted with the

hand writing of Charles Knight Jr one of the sub-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 601)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 601)

Description

[page 601]

[corresponds to labeled page 548 of Will Record Vol. 6 1876 - 1883]

548

William M. Warren Sr Will

scribing witnesses to the Will of William M. Warren Sr

and in the opinion of affiants was written by Charles Knight

Jr
Essie Weiser

A.M. Raun

Sworn to and subscribed in open Court this 16" day of June

A.D. 1883

Rufus Carpenter

Probate Judge


Probate of Will

The State of Ohio }
}ss Probate Court
Delaware County }

Personally appeared in open Court F.M.

Mariott one of the subscribing witnesses to the last Will and

Testament of William M. Warren Senior[Sr] deceased, who being

duly sword according to law to speak the truth, the whole

truth and nothing but the truth in relation to the execu-

tion of said Will devise and say that the paper before him

purporting to be the last Will and Testament of William M.

Warren Senior Sr now deceased, is the Will of said deceased, William

M. Warren Senior Sr. That Charles Knight Jr the other witness to said

Will who is now absent in England) signed said Will as a

Witness at the same time that he did and in his presence

that he is familiar with his handwriting and recognizes

the writing as the signature of said Charles Knight Jr

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 say the said

William M. Warren Senior Sr deceased, sign and seal said

will, and heard him acknowledge the same to be his

last Will and Testament; that the said William M.

Warren Sen at the time of making, signing and sealing

said Will, was of legal age and of sound and disposing

mind and memory, and under no undue or unlawful

restraint whatsoever.

F.M.Mariott

Sworn to and subscribed in open Court this 16"day of June

A.D. 1883

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 602)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 602)

Description

[page 602]

[corresponds to labeled page 549 of Will Record Vol. 6 1876 - 1883]

549

Timothy W. Stanley's Will

June 6' 1883

In the matter of the Will }
} Probate Court
Timothy W. Stanley deceased}


This day an instrument of

writing purporting to be the last Will and Testament

of Timothy W. Stanley late of Delaware City in this

Delaware County deceased, was produced in open court for pro-

bate, and it appearing to the Court that said Will

has not been deposited in this Court before the death

of the Testator, it is now ordered that the said Will be

filed in this Court and that due notice of the filing

and of the application to admit the same to probate

and record had been given Amanda J. Stanly widow

and Grace Stanly and Wills H. Stanley next of kin

of the Testator, they being present in Court And it now be-

ing shown to the satisfaction of the Court that due notice

has been to Amanda J. Stanley, Grace Stanley and Wills

H. Stanley next of kin of the Testator, therefore on this day

came S.L. White and John O. McDowell the subscribing

witnesses to said Will, who being duly qualified testified to

the due execution and attestation of said Will, which

testimony was reduced to writing by them respectively

subscribed and filed with said Will. Whereupon the

Court finds that the aforesaid instrument of writing is

the last Will and Testament of said Timothy W. Stanley

deceased that the same was duly executed and attes-

ted that the said Testator at the time of signing the same

was of lawful age, of sound and disposing mind and mem-

ory and under no undue or unlawful restraint whatso

ever. It is therefore by the Court ordered that the said will

be admitted to probate and that the same together with

the testimony of the witnesses above named be intered

or record in this Court.

Rufus Carpenter

Probate Judge


Will

In the name of the Benevolent Father of All, I Timo-

thy W. Stanley of Delaware Delaware County, Ohio, do

make and publish this my last Will and Testament


Item 1st I desire that all my just debts and funeral

expenses be first paid.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 603)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 603)

Description

[page 603]

[corresponds to labeled page 550 of Will Record Vol. 6 1876 - 1883]

550

Timothy W. Stanley's Will

Item 2nd I give and devise to my beloved wife Amanda

J. Stanley my entire estate both real and personal, ab-

solutely and in fee simple

Item 3 I desire that our of said estate what she give to

my two children Grace Stanley and Wills H. Stanley a

collegiate education

Item 4" I hereby nominate my beloved wife Amanda J.

Stanley and my friend James R. Lytle Executors of this

my last Will and Testament. And I hereby authorize them

to settle all accounts and claims due me; to sell any or

all real estate belonging to me and deeds to make for the

same and to reinvest the proceeds thereof as may seem to

be for the best interest of my estate.

I desire that no appraisement be made of my personal

estate and no sale be made of any of my goods or chattels

and I desire the Probate Judge to direct the same in pursu-

ance of the Statutes

Item 5" I desire that my said wife shall give to my said

daughter Grace Stanley at her marriage, if she marries,

a sum equal to the one sixth part of my estate. I hereby

revoke all former wills by me made

In testimony where of I have hereunto set my hand and

seal this 18" day of May A.D.1883

T.W. Stanley {seal}

Signed and sealed in our presence by said T.W. Stanley

and by us signed in his presence and at this special

instance and request

T.L. White

Jno O McDowell

The State of Ohio }
}ss
Delaware County }

Personally appeared in open Court T.L.

White and John O. McDowell the subscribing witnesses to

the last Will and Testament of T.W. Stanley deceased

who being duly sworn according to the 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 T.W. Stanley now deceased in the

Will of said deceased T.W. Stanley that they were pres-

ent at the execution of said Will, at the request of the
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 604)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 604)

Description

[page 604]

[corresponds to labeled page 551 of Will Record Vol. 6 1876 - 1883]

551

Timothy W Stanley's Will

Testates subscribed their names as witnesses in his presence

and that they saw the said T.W. Stanley, deceased,

sign and seal said Will, and heard him acknowl-

edge the same to be his last Will and Testament

that the said T. W. Stanley at the time of making

signing and sealing said Will was of legal age of

sound and disposing mind and memory and under

no undue or unlawful restraint whatsoever

T.L. White
John O. McDowell

Sworn to & Subscribed in open Court this 6" day of June A.D. 1883

Rufus Carpenter
Probate Judge.





Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 605)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 605)

Description

[page 605]

[corresponds to labeled page 552 of Will Record Vol. 6 1876 - 1883]

552

Tabitha Hunt's Will

June 12" 1883

In the matter of the Will} In Probate Court

of Tabitha Hunt deceased }

This day an instrument of writ-

ing purporting to be the last Will and Testament of

Tabitha Hunt late of Delaware City in this County de-

ceased, was produced in open Court for Probate and it

appearing to the Court that said Will had not been de-

posited in this Court before the death of the Testator, it

is now ordered that the said Will be filed in this Court

and that due notice thereof and of the application to

admit the same to Probate and Record be given by Hester

A. Hunt to Byron Hunt son of the Testator [Hester A Hunt

Martha Davis, Elizabeth Minton, Pricilla Holmes and W.

Hunt next of kin of the Testator and resident of the State

of Ohio being present in Court and waived the issue

of service] that said application will be for hearing before

this Court on the 16" day of June A.D. 1883 at 2 oclock

P.M.

Rufus Carpenter

Probate Judge

June 16" 1883

In the matter of the Will}

of Tabitha Hunt deceased }

Be it remembered that heretofore

on the 12" day of June A.D. 1883 An instrument of writing

purporting to be the last will and Testament of Tabitha

Hunt late of Delaware Township this County deceased

was produced in open Court for probate and was then

filed And it now being shown to the satisfaction of the

Court that due notice of the filing of said Will and of

the application to admit the same to probate and record

in this Court has been given to Hester A. Hunt, Martha

Davis, Elizabeth Minton, Pricilla Holmes, W.H. Hunt and

Byron Hunt next of kin of the Testator pursuant to a

former order of this Court. It appearing to the Court that

B.C. Waters one of the subscribing witnesses to said Will

is now deceased thereupon came Cicero Cormer and

A.M. Rawn in open Court and were duly sworn and

examined according to law touching the genuineness

of the signature of B. C. Waters attached to said Will

and their testimony therein reduced to writing and filed

Therefore on this day came Sarah Jones the other sub-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 606)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 606)

Description

[page 606]

[corresponds to labeled page 553 of Will Record Vol. 6 1876 - 1883]

553

Tabitha Hunt's Will

scribing witness to said Will who being duly qualified

testified to the due execution and attestation of said

Will, who being duly qualified testified to the due exe-

cution and attestation of said Will, which testimony was

reduced to writing, by her subscribed and filed with

said Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Tabitha Hunt deceased that the same was

duly executed and attested, that the said Tes-

tatrix at the time of signing the same was of

lawful age of sound and disposing mind and

memory and under no undue or unlawful restraint

whatsoever. It is therefore by the Court ordered that the

said Will be admitted to probate and that the

same together with the testimony of the witnesses

above named, be entered of record in this Court

Rufus Carpenter

Probate Judge.

Copy of Will

In the Name of the benevolent Father of All, I,

Tabitha Hunt of the City of Delaware and State of

Ohio, being of sound and disposing mind and mem-

ory do make, publish and declare this and this

only to be my last Will and Testament in form fol-

lowing to wit

1st

It is my Will and desire that my daughter

Hester Ann Hunt shall have my house and lot

in the town of Delaware and County of Delaware

and State of Ohio. I give and bequeath the House

and Lot to my daughter Hester Ann Hunt for the

reason that she takes care of me in my old age and

she provides for all my wants and furnishes me with

my entire living Said Lot is facing on Ross Street

bounded on the east by lot owned by Mrs. Nellie

Hunter and on the west by Lot of Mahala Brown

and said Lot is on the records in my name to wit

Tabitha Hunt

2nd
My said daughter Hester Ann Hunt is to

pay all my just debts and funeral expenses.

And it is my will and desire that my said daugh-

ter proceed and settle my estate without being con-

pelled to take out Letters of Administration and that

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 607)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 607)

Description

[page 607]

[corresponds to labeled page 554 of Will Record Vol. 6 1876 - 1883]

554

Tabitha Hunt's Will

the Court of Probate so order

And I further hereby fully empower her at any time

after my decease that she after, complying with the

terms of this Will by paying my just debts and funer-

al expenses to make deed for the same as fully as I

could were I still living. And to have the same trans-

fered into her own name at any time she may desire

after complying with the terms of this Will I further

declare that for the reason that Hester Ann Hunt is,

and for a long time has taken the sole care of me in

my old age and is still furnishing me with my living

that I will her all my property of every description

real and personal as none of my other children are

unable to assist me having families of their own to

support I make this my last Will in lieu of all

former Wills by me made heretofore

Given under my hand and seal this 8" day of

November A.D. 1881
her
Tabitha X Hunt {Seal}
mark


Signed Sealed and acknowledged by Mrs Tabitha

Hunt as and for her last Will in our presence and

signed by us in her presence this 8" day of November

A.D. 1881

B.C. Waters

Sarah Jones

Probate of Will

The State of Ohio } Probate Court

Delaware County }SS

Personally appeared in open Court

A.M. Rawn & Cicero Coopner who being duly sworn according to law

to speak the truth, the whole truth and nothing but

the truth depose and say that they are acquainted

with the hand writing of B.C. Waters one of the sub-

scribing witnesses to the last Will and Testament of

Tabitha Hunt and in their opinion it is the sig-

nature of B.C. Waters now deceased

Abel M. Rawn

C Coopner

Sworn to and subscribed inopen Court this 16" day of

June A.D. 1883

Rufus Carpenter Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 608)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 608)

Description

[page 608]

[corresponds to labeled page 555 of Will Record Vol. 6 1876 - 1883]

555

Tabitha Hunt's Will

Probate of Will

The State of Ohio} Probate Court

Delaware County }SS

Personally appeared in open Court

Sarah Jones one of the subscribing witnesses to the

last Will and Testament of Tabitha Hunt 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 her purporting to be the

last Will and Testament of Tabitha Hunt now

deceased, is the will of said deceased Tabitha Hunt

that B.C. Waters the other witness to said Will is

now deceased, that they were present at the execution

of said Will, at the request of the Testatrix subscribed

their names to the same as witnesses in her presence

and that they saw the said Tabitha Hunt de-

ceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will

and Testament: that the said Tabitha Hunt

at the time of making, signing and sealing said

Will was of legal age and of sound and dis-

posing mind and memory, and under no un-

due or unlawful restraint whatsoever

Sarah Jones

Sworn to and subscribed in open Court this 16"

day of June A.D. 1883

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 609)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 609)

Description

[page 609]

[corresponds to labeled page 556 of Will Record Vol. 6 1876 - 1883]

556

Eliza J. Harrison's Will

June 11th 1883

In the Matter of the Will } Probate Court

of Eliza J. Harrison deceased}

This day an instrument of

writing purporting to be the last Will and Testament

of Elizabeth Harrison late of Delaware City in this County

deceased, was produced in open Court for probate and

it appearing to the Court that said Will had not

been deposited in this Corut before the death of the Tes-

tatrix it is now ordered that the said Will be filed in

this Court and it being shown to the satisfaction of this

Court that due notice of the filing of said Will and of

the application to admit the same to probate and re-

cord in this Court has been given to all the heirs and

next of kin of the Testatrix they being present in

Court. Therefore on this day came Hannah M. Pierce

and W. B. Hedges the subscribing witnesses to said Will

who being duly qualified, testified to the due execution

and attestation of said Will which testimony was

reduced to writing by them respectively subscribed and

filed with said Will. Whereupon the Court finds that

the aforesaid instrument of writing is the last Will

and Testament of said Eliza J. Harrison deceased

and that the same was duly executed and attested

that the said Testatrix at the time of signing the

same was of lawful age of sound and disposing

mind and memory and under no undue or

unlawful restraint whatsoever. It is therefore by the

Court ordered that the said Will be admitted to

Probate and that the same together with the testi-

mony of the witnesses above named, be entered of re-

cord in this Court

Rufus Carpenter

Probate Judge.

Copy of Will

In the name of the Benevolent Father of all. I, Eliza

J. Harrison of the County and City of Delaware Ohio

being of sound mind and memory, do make and

publish this my last Will and Testament in form

and manner following:

1st To my precious son Almen Harrison, I give and

bequeath my Accordian
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 610)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 610)

Description

[page 610]

[corresponds to labeled page 557 of Will Record Vol. 6 1876 - 1883]

557

Eliza J. Harrison's Will

2nd And to my precious darling daughter Maud

Harrison I give and bequeath my gold watch, as

well as one half interest in all my household stuff

including beds, bedding etc., of every kind belonging to

and about the house

And to my precious son Almer Harrison all the

balance of stuff in and about the house

3rd It is also my will and testament that all

the personal property in and about the barn, consis-

ting of one engine with all the machinery, one two

horse wagon and three sets of harness, all be sold

with any other loose property there found and the

proceeds be used towards defraying some interest

money on the farm - one hundred dollars more or

less (Notes paid and held by Mrs. Estella Richardson)

if there be any surplus, let it be applied towards pro-

curing a tombstone for my beloved husband William

Harrison, costing not less than fifty dollars

4th I also direct that my farm I now own, consisting

of about fifty acres more or less lying and being

in Delaware Township Delaware County Ohio, being

east and west halves of lot No. 33 in Range 19

Township 4. Section 2 U.S. Military Lands, be divided

equally between my son Almer Harrison and Maud

Harrison, since it is my will and testament that this

said farm be theirs

5th Should this said farm be found to be paying a

insufficient interest it is also my will and testament

that this said farm be sold when fifty dollars an

acre = and in no account less than forty eight dollars

per acre - can be obtained for it, and proceeds put

upon interest; secured by real estate until my dau-

ghter Maud Harrison becomes of legal age

6th It is also my will and testament, that if no

surplus has from any previous sales been found, the

cost of said tombstone with other necessary expenditures

is to be taken from this proceeds of said farm, and

the remaining proceeds to be divided equally between

my daughter Maud Harrison and my son Almer

Harrison

7th My house and lot in the City of Delaware Delaware

County, Ohio, which I now own and which is known as

Lot No. Seven hundred and sixty five in the subdivision of

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 611)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 611)

Description

[page 611]

[corresponds to labeled page 558 of Will Record Vol. 6 1876 - 1883]

558

Eliza J. Harrison's Will

addition of Campbell and Little and Catharine Little

City of Delaware, I will and bequeath to my duaghter

Maud Harrison until she became twenty three years of

age, which shall be in October twenty eighth, eighteen

hundred and ninety, during which time, she Maud Har-

rison my daughter is to have full & complete control, it is my will and

testament that the house and lot be rented and all nec-

essary repairs of said house with tax on same and insur-

ance to be paid from this rent, after which if her brother

and my son Almer Harrison act the part of a loving

and protective brother and sees that this property is well

kept up, the balance rent is to be divided equally between

my daughter Maud Harrison and my son Almer Harrison

otherwise it is all to go to my daughter Maud Harrison

8th I will and bequeath to my daughter Maud Har-

rison when her twenty birth day October 28" 1890 a

two third share in this my town lot and house, if extra

improvements have been made by my daughter Maud

Harrison from her own portion or money, it is my will and

testament that these expenses be taken from the remain-

ing third share bequeath to my son Almer Harrison

as before mentioned there have been extra expenses but

the lot by my daughter Maud Harrison from her mon-

ey in which case, said expenses are to be deducted from

my son Almer Harrison's third share

It is also my will that my daughter Maud Harrison's

clothing during her school years (which shall be seven years

if she wish) be provided from her share in the farm rent

or interest money as the case may be.

It is my trust that my dear son Almer Harrison may

use his share time and rent money too in keeping the farm

and lot beautifully improved in honor of his living father

who labored so arduously for his family

I hereby constitute and appoint my friend Henry H.

Beecher my Executor to carry out the foregoing provisions

of this my last Will and testament and be it hereby

authorized to convey my said farm when it may be

sold the same as I could do myself

In testimony whereof I have hereunto set my hand

and seal this day of April 21st 1883

Eliza J. Harrison {Seal}
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 612)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 612)

Description

[page 612]

[corresponds to labeled page 559 of Will Record Vol. 6 1876 - 1883]

559

Eliza J. Harrison's Will

Signed by Eliza J. Harrison and acknowledged

by her in our presence and by us in her presence

and in the presence of each other

Hannah M Pierce } Witnesses

W. B. Hedges }

Probate of Will

State of Ohio }

Delaware County } SS Probate Court

Personally appeared in open

Court Hannah M. Peirce and W. B. Hedges the

subscribing witnesses to the last Will and Testament

of Eliza J. Harrison 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 to the execution of said Will depose

and say that the paper before them purporting

to be the last Will and Testament of Eliza J.

Harrison now deceased, is the Will of said deceased

Eliza J. Harrison, that they were present at the

execution of said Will, at the request of the Tes-

tatrix, subscribed their names to the same as

witnesses, in her presence, and that they saw the

said Eliza J. Harrison, deceased, sign and seal

said Will, and heard her acknowledge the same

to be her last Will and Testament: that the

said Eliza J. Harrison at the time of making,

signing and sealing said Will, was of legal

age and of sound and disposing mind and

memory and under no undue or unlawful

restraint whatsoever

Hannah M. Pierce

W. B. Hedges

Sworn to and subscribed in open Court this 11th

day of June A.D. 1883

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 613)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 613)

Description

[page 613]

[corresponds to labeled page 560 of Will Record Vol. 6 1876 - 1883]

560

James H. Rider's Will

June 9" 1883

In the matter of the Will }

of James H. Rider deceased } Probate Court

This day an instrument of

writing purporting to be the last Will and Testament and

Codicil thereto of James H. Rider late of Kingston Township

in this County deceased, was produced in open Court for

probate and it appearing to the Court that the said Will

had not been deposited in this Court before the death of the

Testator, it is now ordered that the said Will be filed in

this Court and that due notice thereof and of the applica-

tion to admit the same to probate and record be given by

Wilbert W. Rider to James A. Rider, Granville Rider, Harvey

A. RIder, Agnes A. Moore and Julia A. Rider next of kin

of the Testator, resident of the State of Ohio that said application Will
be for hearing

before this Court on the 12" day of June A.D. 1883

at 2 o'clock P.M.

Rufus Carpenter

Probate Judge

June 12" 1883

In the matter of the Will }

of James H. Rider deceased } Probate Court

Be it remembered about on the 9"

day of June A.D. 1883 an instrument of writing purporting to

be the last Will and Testament of James H. Rider late of Kings-

ton Township in this County deceased was produced in open

Court for Probate and was then filed. And it now being

shown to the satisfaction of the Court that due notice of the filing of

said WIll and of the application to admit the same to

Probate and Record in this Court had been given to Wilbert

W. Rider, James A. Rider, Granville Rider, Harvey A. Rider,

Agnes A. Moore and Julia A. Rider next of kin of the

Testator pursuant to a former order therefore on this day

Wilbert W. Rider filed in this Court a commission heretofore

issued to John Roberts Justice of the Peace to take testimony

of subscribing witnesses to said Will, who being duly qualified

testified to the due execution and attestation of said Will

which testimony was reduced to writing, by them respect-

ively subscribed and filed with the said Will. Whereupon

the Court finds that the aforesaid instrument of writing

is the last Will and Testament of said James H. Rider

deceased and that the same was duly executed and

attested that the said Testator at the time of sign-
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 614)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 614)

Description

[page 614]

[corresponds to labeled page 561 of Will Record Vol. 6 1876 - 1883]

561

James H. Rider's Will

ing the same was of lawful age of sound and

disposing mind and memory and under no un-

due or unlawful restraint whatsoever, it is there-

fore by the Court ordered that the said Will be

admitted to Probate and that the same togeth-

er with the testimony of the witnesses above named

be entered of Record in this Court. At the same

time came Julia A. Rider, widow of James H. Rider

deceased, and the Will being explained to her and

her rights under the Will and her rights under

the law made known to her she did elect to

take under the Will of her late husband, and

not under the law and asked that the same

be made a matter of record in this Court

Rufus Carpenter

Probate Judge

Copy of will

In the name of the Benevolent Father of all I James

H. Rider of Kingston Township Delaware County Ohio

do make and publish this my last Will and Testa-

ment

Item 1st It is my Will that my just debts and

funeral expenses be paid out of my personal prop-

erty

Item 2nd I give and devise to my beloved wife in lieu

of her dower the use of my Real and Personal property

entire for her comfort and support during her nat-

ural life

Item 3rd I do hereby nominate and appoint my son

Wilbert W. Rider Executor of this my last Will and Tes-

tament hereby authorizing and empowering him if it

should be thought best to sell by private sale or in such

manner upon such terms of credit as he may think

proper my real estate (if not disposed of during my life

time) and deeds to purchasers to execute acknowl-

edge and deliver in fee simple and so much of the

proceeds as may be necessary used for the support and

maintenance of my wife in sickness and in health

in a comfortable manner

I desire that no appraisment and no sale of my

personal property be made and that the Court of

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 615)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 615)

Description

[page 615]

[corresponds to labeled page 562 of Will Record Vol. 6 1876 - 1883]

562

James H. Rider's Will

Probate direct the omission of the same

In testimony hereof I have hereunto set my

hand and seal this 31st day of August 1882

James H. Rider

Signed and acknowledged

by said James H. Rider as

his last Will and Testament

in our presence and signed

by us in his presence.

Cary P. Gorsuch

Stephen Rosecrans

Codicil

Whereas I James H. Rider on the 31st day of August

in the year 1882 made my last Will and Testament

of that day, do hereby declare the following to be a

codicil to the same

It is my will that all my property real and

personal that is not consumed in support of my

wife be at her decease, divided between my six children

and their heirs share and share equal.

In witness whereof I have hereunto set my

hand and seal this 31st day of August 1882

James H. Rider {Seal}

Signed and acknowledged by said James H. Rider

as his last Will and Testament in our presence and

signed by us in his presence

Cary P. Gorsuch

Stephen Rosecrans

Probate of Will

The State of Ohio ]

Delaware County } SS Probate Court

Personally appeared Cary P. Gorsuch and

Stephen Rosecrans the subscribing witnesses to the last

Will and Testament and Codicil thereto of James H.

Rider 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 and Codicil of James H.

Rider now deceased is the Will of said deceased James

H. Rider, that they were present at the execution of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 616)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 616)

Description

[page 616]

[corresponds to labeled page 563 of Will Record Vol. 6 1876 - 1883]

563

James H. Rider's Will

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 James H. Rider deceased, sign and seal

said Will and Codicil and heard him acknowl-

edge the same to be his last Will and Testament

and Codicil: that the said James H. Rider at the

time of making, signing and sealing said Will

and Codicil was of legal age and of sound and

disposing mind and memory and under no

undue or unlawful restraint whatsoever

Cary P. Gorsuch

Stephen Rosecrans

Sworn to and subscribed this 11" day of June A.D. 1883

John Roberts

Justice of the Peace

To take Testimony of Witnesses to Will

The State of Ohio }

Delaware County } SS

To John Roberts J. P. Greeting:

Know Ye, That we, in confidence of your prudence

and fidelity have appointed you, and by these

presents do give John full power and authority

to examine and take the deposition of Cary P.

Gorsuch and Stephen Rosecrans subscribing Wit-

nesses to the last Will and Testament of James

H. Rider hereto annexed, late of this County of

Delaware in the State of Ohio deceased, and

therefore we command you, that at a certain

days and places appointed by you, you cause

the said Cary Gorsuch and Stephen Rosecrans

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 of the said James

H. Rider and that you reduce such examination to

writing and return the same together with this commission and

the Will of the said James H. Rider thereto annexed, closed up under your

seal, into our said Probate Court with all convenient speed

In testimony whereof I Rufus Carpenter Judge of said Court, have hereunto

set my hand and affixed the seal of said Court at Delaware this 9" day of

June A.D. 1883 Rufus Carpenter Probate Judge



Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 617)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 617)

Description

[page 617]

[corresponds to labeled page 564 of Will Record Vol. 6 1876 - 1883]

564

Mary Stanbery's Will

May 18" 1883

In the matter of the Will } Probate Court of Delaware Ohio

of Mary Stanbery deceased }

This day an instrument of writing

purporting to be the last Will and Testament of Mary

Stanbery late of Liberty Township in this County deceased

was produced in open Court for probate and it appearing

to the Court that the said Will had not been deposited

to the Court before the death of the Testator it is now

ordered that the said Will be filed in this Court and

that due notice thereof and of the application to admit

the same to probate and record be given by Charles

Stanbery to John R. Stanbery Jr. Clara S. Neff, Edward Stan-

bery and Charles Stanbery Jr. next of kin of the Testator

resident of the State of Ohio that said application will

be for hearing before this Court on Thursday May 31st A.D.

1883 at 1 o'clock P.M. and it appearing that Nathaniel

W. Emmerson one of the subscribing witnesses to said Will is

a resident of New York City New York and is without the

Jurisdiction of this Court it is therefore ordered that a com-

mission, with the Will annexed issue herein to Judge of

Surrogate Court New York City New York directing him

to take the deposition of said subscribing witness and re-

turn the same duly certified, with all convenient speed

to this Court.

Rufus Carpenter

Probate Judge.

June 16"1883

In the matter of the Will }
}
of Mary Stanbery deceased }

Be it remembered that heretofore

to wit: on the 18"day of May A.D.1883 an instrument

of writing purporting to be the last Will and Testament

of Mary Stanbery late of Liberty Township, this County de-

ceased was produced in open Court for probate and was

then filed and commission heretofore issued to Surrogate

Court New Yorik city to take testimony of Nathaniel W.

Emmerson one of the subscribing witnesses to the Will of

Mary Stanbery deceased was this day returned duly

executed and the same was filed herein. And it now

being shown to the satisfaction of the Court that due

notice of the filing of said Will and of the application
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 618)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 618)

Description

[page 618]

[corresponds to labeled page 565 of Will Record Vol. 6 1876 - 1883]

565

Mary Stanbery' Will

to admit the same to probate and record in his

Court has been given to John R. Stanbery, Clara

S. Neff, Edward Stanbery and Charles Stanbery Jr.

next of kin of the Testator pursuant to a former

order of this Court and it appearing that Henry

Stanbery one of the subscribing witnesses to said

Will is now deceased, therefore T.E. Powell and

John Van Deman appeared in open Court and

were duly sworn and examined according to

law touching the genuiness of the signature of

the said Henry Stanbery attached to said Will

and their testimony thereon was reduced to writ-

ing and filed with said Will. Thereupon the Court

finds that the aforesaid instrument of writing is

the last Will and Testament of Mary Stanbery

deceased that the same was duly executed and

attested that the said Testator at the time of

signing said Will was of lawful age, of sound

and disposing mind and memory and under

no undue or unlawful restraint whatsoever.

It is therefore by the Court ordered that the said

Will be admitted to probate and that the same

together with the testimony of the witnesses above

named, be entered of record in this Court.

Rufus Carpenter

Probate Judge.

Copy of Will

In the name of God Amen

The last Will and Testament of Mary Stanbery

of Delaware County Ohio

Item 1st I give and devise to my dear husband

Charles Stanbery for the term of his life the use,

rents and profits of the farm on which we now

reside, being the whole of Lot Number fourteen and

the North half of Lot number fifteen in Range 19 of

Township 3 and Section 3 of the United States Mili-

tary tract in the said County of Delaware being

the same Lot and half Lot conveyed to me by Henry

Stanbery by deed bearing date April 14"1854

Item 2nd Subject to said life estate, I give and devise

to my son Charles Stanbery Jr. in fee the quantity of

Fifty-five acres bounded on the North by the South line
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 619)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 619)

Description

[page 619]

[corresponds to labeled page 566 of Will Record Vol. 6 1876 - 1883]

566

Mary Stanbery's Will

line of the Middlebury Road as it now runs and the

extension of the same line to the Scioto River and on the

east and west lines of said Lot Number Fourteeen extended so

far south as that an east and west line connecting the

same shall form the southern boundery of said fifty acre tract

Item 3rd All the residue of said Lot Number fourteen

lying north and south of said fifty-five acre tract and

the said north half of said lot number fifteen subject to

said life estate. I give and devise in equal undivided

shares to my three other children John, Edward and

Clara in fee and as to the said Clara her said share

is to vest in her as her sole and separate estate, clear

of all marital control and as fully as if she were sole

and unmarried

Item 4" I appoint my said husband Charles Stanbery my

Executor and request that no security or bond be required

of him as such

In testimony where of I have hereunto set my hand and

seal this twenty-thrid day of November A.D. 1874

Mary Stanbery {seal}

Signed, Sealed and acknowledged

by the Testatix Mary Stanbery as

and for her last Will and Testament

in our presence and at her request and

in the presence of each other have hereunto

subscribed our names as witnesses the

word "five" being interlined on the first

page before execution

Henry Stansbery

Nathaniel W. Emerson

Commission to take testimony of witnesses to Will

The State of Ohio }
}ss
Delaware County }

To Surrogate Judge New York City. Greetings:

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 Nathaniel W. Emerson (98 Fifth Ave,

New York city) one of the subscribing witnesses to the

last Will and Testament of Mary Stanbery, hereto

annexed, late of the County of Delaware, in the State

of Ohio, deceased: and therefore we command you,
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 620)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 620)

Description

[page 620]

[corresponds to labeled page 567 of Will Record Vol. 6 1876 - 1883]

567

Mary Stanbery's Will

That at certain days and places appointed by you

you cause the said Nathaniel W. Emerson 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 Mary Stanbery and that you reduce

such examination to writing and return the same

together with this commission and the Will of the

said Mary Stanbery thereto annexed, closed un-

der your seal, into our said Probate Court, with all

convenient speed.

In Testimony Whereof I Rufus Carpenter

Judge of the said Court, have hereunto set my hand

and affixed the Seal of said Court at Delaware this

18th day of May A.D. 1883

Rufus Carpenter

Probate Judge

Probate of Will

The State of New York }
}ss Surrogate's Court
County of New York }

Personally appeared in open Court

Nathaniel W. Emerson, one of the subscribing witnesses

to the last Will and Testament of Mary Stanbery

deceased, who being duly sworn according to the law

to speak the truth, the whole truth, and nothing but

the truth in relation to the execution of said Will.

deposes and says, that he resides in the City County

and State of New York; that he knew the said

Mary Stanbery twenty years or more; that she was

the wife of Charles Stanbery of Delaware County

Ohio.

Deponent further says, that his signature upon the

paper shown to him, which is hereunto annexed and which

paper purports to be the last Will and Testament of

Mary Stanbery, deceased is his signature; that he

does not remember anything about the execution of

the said instrument, though his signature thereto is

genuine; that he has no doubt that the said instru-

ment was executed by the said Mary Stanbery in his

presence, and that Henry Stanbery witnessed and sub-

scribed the same with him, and that the signature

of Henry Stanbery thereto is his signature; that while he
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 621)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 621)

Description

[page 621]

[corresponds to labeled page 568 of Will Record Vol. 6 1876 - 1883]

568

Mary Stanbery's Will

has no recollection of the attestation clause having been

read over to him or that the matters therein specified

actually took place yet he would not have signed as

a witness unless the matters so stated in that attesta-

tion clause had taken place and were true; that depo-

nent has signed in connection with Henry Stanbery so

many papers, that he has no recollection of signing this

instrument in connection with him, but he has no doubt

that he did; and that the said instrument must have

been executed and witnessed in Cincinnati, Ohio or at

Mr Stanbery's residence near Newport, Kentucky; that he

believes that the said Mary Stanbery deceased at the

time of making, signing and sealing said Will, was of

Legal age and of sound and disposing mind and

memory, and under no undue or unlawful restraint

whatsoever.

Nathaniel W. Emerson

Sworn to and subscribed in open Court before me this

28" day of May A.D.1883

Dan C. Rollins

Surrogate

Probate of will

The State of Ohio }
}ss Probate Court
Delaware County }

Personally appeared in open Court

Thomas E. Powell and John D. Ian Deman 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 they are

acquainted with the hand writing of Henry Stanbery

and that the name of Henry Stanbery and of the sub-

scribing witness to the will of Mary Stanbery is in the

hand writing of said Henry Stanbery and in the opinion

of Affiants was written by said Henry Stanbery

Thomas E. Powell

John D. Ian Deman

Sworn and subscribed in open

this 16" day of June A.D.1883



Rufus Carpenter

Probate Judge.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 622)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 622)

Description

[page 622]

[corresponds to labeled page 569 of Will Record Vol. 6 1876 - 1883]

569

August 4th 1883

This day came John Roberts before

this Court for the purpose of proving the execution of Janet

Foulk late of Delaware County deceased. And it

appearing to the Court that due notice has been

given to all persons interested in said Will who resides

in said County of Delaware thereupon Jacob Chase

and Miranda Chase subscribing witnesses to said

Will and also other witnesses viz: Alice Carpenter

Priscilla Foulk and John Roberts appeared in

open court and were duly sworn and examined

touching the execution and contents of said Will

and their testimony thereon was reduced to writing

and filled. And the Court being satisfied from

the testimony so taken that the said Sarah

Foulk did on the day of February 1883 duly

executed her last Will and Testimony in the mode

provided by law in force at the time of its execution

and that said will was not revoked by said Testatrix

but that it has been lost subsequent to the death

if said Testatrix the Court finds and does hereby is-

tablished the contents of said Will to have been as near

as can be ascertained as follows: to wit:

Copy of Will

In the name of the benevolent Father of All. I, Sarah

Foulk of Olive Green Delaware County Ohio do make

and publish this my last Will and Testament.

Item 1st I give and devise to my beloved daughter Pricilla

Foulk my house and lot in the village of Olive

Green, known as the Harriet Berry premises - also

all my house-hold goods.

Item 2nd That the rest of my property be sold and the proceeds

thereof together with what moneys and credits may have

after paying my debts, shall be equally divided be-

tween all my children.

Item 3rd I do hereby nominate and appoint John Roberts

Executor of this my last Will and Testament hereby

authorizing him and empowering him to compromise

and adjust, release and discharge, in such
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 623)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 623)

Description

[page 623]

[corresponds to labeled page 570 of Will Record Vol. 6 1876 - 1883]

570

Sarah Foulks Will

manner as he may deem proper, the debts and

claims due me

In testimony hereof I have hereunto set my hand

and seal this 1 day of February 1883

Sarah Foulk {Seal}

Signed and acknowledged by said Sarah Foulk

as her last Will and Testament in our presence: sign-

ed by us in her presence

Jacob Chase

Miranda Chase

And the Court further orders that said Will and

testimony recorded as in case of other Wills admitted

to probate

Rufus Carpenter

Probate Judge


Probate of Will

The State of Ohio} Probate Court

Delaware County}SS

Personally appeared in open Court

Jacob Chase and Miranda Chase the subscribing

witnesses to the last Will and Testament of Sarah

Foulk 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 a

copy of the last Will and Testament of Sarah Foulk now de-

ceased, is a copy of the Will of said deceased Sarah

Foulk to the best of their recolection, 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 her presence, and that they saw the said Sarah

Foulk deceased, sign, and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament: that the said Sarah Foulk at the time

of making, signing and sealing said Will was of

legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatsoever

Jacob Chase

Miranda Chase

Sworn to and subscribed in open Court this 4" day of August A.D. 1883

Rufus Carpenter Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 624)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 624)

Description

[page 624]


[corresponds to labeled page 571 of Will Record Vol. 6 1876 - 1883]

571

Otto Schneider's Will

July 16" 1883

In the matter of the Will } In Probat Court Delaware

of Otto Schneider Sen deceased} County Ohio

This day an instrument

of writing purporting to be the last Will and Testament

of Otto Schneider Sen late of Delaware Township

in this County, deceased, was produced in open Court

for probate and it appearing to the Court that the

said will had not been deposited in this Court before

the death of the Testator, it is now ordered that

said will be filed in this Court and that due

notice thereof and of the application to admit the

same to probate and record be given by Mary

Schneider to Kate Constant, Mary Watson, Annie

Schneider. Otto Schneider, Charles Schneider, Charles

Schneider and William Schneider next of kin of

the Testator resident of the State of Ohio that said

application will be for hearing before this Court on

the 18" day of July A.D. 1883 at 10 o clock A.M.

Rufus Carpenter

Probate Judge

July 18" 1883

In the matter of the Will }

of Otto Schneider Sen Deceased}

Be it remembered that

heretofore to wit: on the 16" day of July A.D. 1883

an instrument of writing purporting to be the last

Will and Testament of Otto Schneider Sen late

of Delaware Township in this County deceased

was produced in open Court for Probate and was

then filed And it now being shown to the satis-

faction of the Court that due notice of the filing

of said will and of the application to admit the

same to Probate and Record in this Court has been

given to Mary Schneider, Mary Watson, Kate Constant

Annie Schneider, William Schneider, Charles Schneider

and Otto Schneider next of kin of the Testator pursuant

to a former order of this Court, therefore on this day came

Charles Miller and Henry J. Eatin the subscribing witnesses

to said Will who being duly qualified, testified to the due

execution and attestation of said Will which testimony

was reduced to writing by them respectively subscribed and

filed with said Will which testimony was reduced

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 625)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 625)

Description

[page 625]


[corresponds to labeled page 572 of Will Record Vol. 6 1876 - 1883]

572

Otto Schneider's Will

to writing by them respectively subscribed and filed with

said Will. Whereupon the court finds that the afore-

said instrument of writing is the last Will and Tes-

tament of the said Otto Schneider Sen deceased

and that the same was duly executed and at-

tested. that the said Testator at the time of signing

the same was of lawful age of sound and disposing

mind and memory and under no undue or un-

lawful restraint, whatsoever. It is therefore ordered by

the Court that the said Will be admitted to probate

and that the same together with the testimony of

the witnesses above named be entered or record in

this Court. At the same time came Mary Schneider

widow of the said Otto Schneider Sen deceased and

the Will being read to her and her rights under

the Will of her late husband explained to her and

her rights under the law being made known to her

she did then and there elect to take under the

Will and not under the law and asks that the

same be made a matter of record

Rufus Carpenter

Probate Judge

Copy of Will

I, Otto Schneider (Senior) of the Township of Delaware

County of Delaware and State of Ohio being about

fifty six years of age, and being of sound and disposing

mind and memory, do make, publish and declare

this my last Will and Testament, hereby revoking and

making null and void all other Last Wills and Tes-

taments by me made heretofore:

Item First My Will is that all my just debts and

funeral expenses shall be paid out of my Estate as

soon after my decease as shall be found convenient.

Item Second I give devise and bequeath to my

beloved wife Mary Schneider in lieu of her years sup-

port, dower, and all that portion of my property

and estate to which she would be entitled by law

were I to make no will, the premises where we now

live consisting of a tract of about 15 acres of land

ten acres thereof in Delaware Township and about
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 626)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 626)

Description

[page 626]


[corresponds to labeled page 573 of Will Record Vol. 6 1876 - 1883]

573

Otto Schneider Sen's Will

five acres in Brown Township Delaware County and

State of Ohio, being the same premises about 15 years

ago deeded to me by Philip Constants now of the city

of Columbus Ohio (See Record of said deed for a more

particular description thereof) during her natural life

provided she remains, after my decease unmarried

so long as she lives, but if she, after my decease,

marries again, then I give the same only to the time

of her marriage. I also give and bequeath to her all

the Stock household goods furniture and provisions of

other goods and chattels which may be on said

promises at my decease, or of which I may then be the

owner including all monies and credits also du-

ring her natural life if she remains after my decease

unmarried so long as she lives, but if she, after my de-

cease, marries, then I give the same only to the time of

her remarriage, That is I do give devise and bequeath

to my said wife to have and to hold, to use and en-

joy and have the sole income from and control and

management of, so long after my decease only as she

remains unmarried, all the money and credit, prop-

erty and estate real and personal of every descrip-

tion whatsoever of which I may be the owner at my decease

in whatsoever form the same may then be in. I give to her

the sole income from, use and control thereof during her

natural life if she remains so long unmarried and if

she marries again, then I give the same to her up to

the time, of her said remarriage. She may only sell

so much of my personal estate as may be necessary to

pay my just debts and funeral expenses aforesaid

Item Third I do give and bequeath all my pro-

erty and estate real and personal that may be in

existance at the decease of my said wife or at her

marriage if she marries after my decease, at that

time to be equally divided among our six children

to wit: Our daughters-Kate wife of Philip Constants of

the city of Columbus Ohio, Mary, wife of Waldo Watson

of the city of Delaware Ohio, Annie Schneider now

living with us. Our Sons - Otto Schneider of Delaware

Ohio, and Charles and William Schneider both living

with us to each the 1/6 part thereof.

Item Fourth= I do constitute and appoint my
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 627)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 627)

Description

[page 627]


[corresponds to labeled page 574 of Will Record Vol. 6 1876 - 1883]

574

Otto Schneider Sen Will

said wife, so long after my decease as she remains

unmarried Executrix of this my last Will and Testa-

ment and request that she be not required to give

and bond as such and that no sale and no ap-

praisement of my personal property be made, and

that the Court of Probate direct the omission of the

same in pursuance of the Statute


In testimony whereof, I have set my

hand to this my Last Will and Testament at the

city of Delaware in said County this fifth day of

March in the year of our Lord One thousand Eight

Hundred and Eighty-three

Otto Schneider Senior {Seal}

The foregoing Instrument was signed by the said

Otto Schneider Sr in our presence and by him published

and declared as and for his Last Will and Testament

and at his request and in his presence, and in the

presence of each other, we hereunto subscribe our names

as attesting witnesses, at the city of Delaware in said

County this fifth day of March A.D. 1883.

Charles Miller resides at Delaware Ohio

Henry J. Eaton resides at Delaware Ohio


Probate of Will

The State of Ohio}

Delaware Ohio }SS

Personally appeared in open Court

Charles Miller and Henry J. Eaton the subscribing

witnesses to the last Will and Testament of Otto Schneider

Sen 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 Otto Schneider

sen now deceased, is the Will of said deceased Otto

Schneider Sen 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 Otto Schneider Sen deceased, sign and

seal said Will, and heard him acknowledge the same
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 628)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 628)

Description

[page 628]


[corresponds to labeled page 575 of Will Record Vol. 6 1876 - 1883]

575


Otto Schneider Sen Will

to be his last Will and Testament: that the said

Otto Schneider sen at the time of making, signing

and sealing said Will, was of legal age and of

sound and disposing mind and memory, and

under no undue or unlawful restraint whatsoever

Charles Miller

Henry J. Eaton

Sworn to and Subscribed in

open Court this 18" day of July A.D. 1883

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 629)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 629)

Description

[page 629]


[corresponds to labeled page 576 of Will Record Vol. 6 1876 - 1883]

576

Nancy Heller's Will

August 10" 1883

This day an instrument of writing pur-

porting to be the last Will and Testament of Nancy Heller

late of Delaware Township in this County deceased

was produced in open Court for probate and it appear-

ing to the Court that said Will had not been deposited

in this Court before the death of the Testatrix, it is now

ordered that the said Will be filed in this Court and

that due notice thereof and of the application to admit

the same to probate and record be given by J.W. Shark

to Charles Heller, Martin Heller and Clara Slough next

of kin of the Testatrix, resident of the State of Ohio that

said application will be for hearing before this Court on

the 17" day of August A.D. 1883 at 3 oclock P.M.

Rufus Carpenter

Probate Judge

August 17" 1883

In the matter of the Will}

of Nancy Heller deceased }

Be it remembered that heretofore

to wit: on the 10" day of August A.D. 1883 an instur-

ment of writing purporting to be the last Will and

Testament of Nancy Heller late of Delaware Township

this County deceased, was produced in open Court for

probate and was then filed, and it being shown to

the satisfaction of the Court that due notice of the

filing of said Will and of the application to admit

the same to probate and record in this Court has

been given to Martin Heller, Charles Heller and

Clara Slough next of kin of the Testatrix pursuant

to a former order of this Court; therefore on this day

came Mrs. R.J. Finley, Mrs. E.A. Sharp and J.W. Sharp

the subscribing witnesses to said Will, who being duly

qualified, testified to the due execution and attestation

of said Will which testimony was reduced to writing

by them respectively subscribed and filed with said

Will. Whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament

of said Nancy Heller deceased, that the same was

duly executed and attested, that the said Testatrix

at the time of signing the same was of lawful age

of sound and disposing mind and memory and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 630)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 630)

Description

[page 630]


[corresponds to labeled page 577 of Will Record Vol. 6 1876 - 1883]

577

Nancy Heller's Will

under no undue or unlawful restraint whatso-

ever. It is therefore by the Court ordered that the

said will be admitted to probate and that the

same together with the testimony of the witnesses

above named be entered of record in this Court

Rufus Carpenter

Probate Judge


Copy of Will

Know all men by these Presents that I, Nancy

Heller of Delaware Delaware County and State

of Ohio- wife of Charles Heller of same place

being in ill health but of sound and disposing

mind and memory, do make and publish

this my last Will and Testament, hereby revoking

all former Wills by me at anytime heretofore

made

And as to my worldly estate and all the prop

erty, real and personal or mixed of which I

may die seized and possessed, or to which I shall

be entitled at the time of my decease, I devise

bequeath and dispose thereof in the manner fol-

lowing to wit:

First I give, devise and bequeath to my daugh-

ter Clar S (Heller) Slough my best Shawl and

the Blue Coverlit

Second I Will and bequeath to my husband

Charles Heller the bed commonly called "Pa's

Bed"

Third I will and bequeath to my son Martin

Heller all the residue of my household effects

and the four Promissory Notes of One Hundred

dollars each secured by mortgage and signed by

Louisa Purvis and Mary "An" Shaner, together

with all other property belonging to me at my de-

cease

And lastly I do nominate and appoint J. N.

Sharp of Delaware Ohio to be the Executor of

this my last Will and Testament

In testimony whereof I, the said

Nancy Heller, have to this my last Will and
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 631)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 631)

Description

[page 631]


[corresponds to labeled page 578 of Will Record Vol. 6 1876 - 1883]

578

Nancy Heller's Will

Testament subscribed my name and affixed

my seal this 22" day of June A.D. 1883.

Nancy Heller {Seal}

Signed and Sealed and

published and declared by

the said Nancy Heller as

and for her last Will and

Testament in the presence of us

who at her request and in her presence

and in the presence of each other

have subscribed our names as

witnesses thereto

Mrs. R. J. Finley}

Mrs. E. A. Sharp } Witnesses

J.W. Sharp }

Probate of Will

The State of Ohio} Probate Court

Delaware County } SS

Personally appeared in open Court J.

W. Sharp, Mrs E. A. Sharp and Mrs R. J. Finley the

subscribing witnesses to the last Will and Testament

of Nancy Heller deceased, who being duly sworn ac-

cording to law to speak the truth the whole truth

and nothing but the truth in relation to the execu-

tion of said Will, depose and say that the paper be

fore them purporting to be the last Will and Testa-

ment of Nancy Heller now deceased, is the Will of said

deceased Nancy Heller, that they were present at the

execution of said Will, at the request of the Testatrix

subscribed their names to the same as witnesses, in

her presence, and that they saw the said Nancy Heller

deceased, sign and seal said Will, and heard her

acknowledge the same to be her last Will and Testament

that the said Nancy Heller at the time of making, signing

and sealing said Will, was of legal age and of sound

and disposing mind and memory and under no

undue or unlawful restraint whatsoever

J. W. Sharp

R. J. Finley

E. A. Sharp

Sworn to and subscribed in open Court this 17" day of

August A.D. 1883

Rufus Carpenter

Probate Judge.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 632)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 632)

Description

[page 632]


[corresponds to labeled page 579 of Will Record Vol. 6 1876 - 1883]

579

Ann Lewis Hughes' Will

September 12" 1883

This day an instrument of writing purporting

to be the Last Will and Testament of Ann Lewis

Hughes late of Delaware Township in this County

deceased was produced in open Court for probate

and it appearing to the Court that the said Will

had not been deposited in this Court before the

death of the Testatrix, it is now ordered that the

said Will be filed in this Court and that due

notice thereof and of the application to admit

the same to probate and record be given to

William T. Lewis to Jemuel Lewis Kate L. Jones

Anna Mary Morgan, Sarah Catharine Morgan

Lewis Morgan and Emma L. B. Lewis next of

kin of the Testatrix resident of the State of

Ohio that said application will be for hearing

before this Court on the 24" day of September A.D.

1883 at 2 o'clock P.M.

Rufus Carpenter

Probate Judge

September 24" 1883

In the matter of the Will }

of Ann Lewis Hughes dec'd }

Be it remembered that hereto-

fore on the 12" day of September A.D. 1883 an in-

strument of writing purporting to be the last Will

and Testament of Ann Lewis Hughes was produced

in open Court for probate and was then filed

and it now being shown to the satisfaction of this

Court that due notice of the filing of said Will

and of the application to admit the same to

probate and record in this Court has been

given to Jemuel Lewis, Kate Lewis Jones, Anna Mary

Morgan, Sarah Catharine Morgan, Lewis Morgan

and W. G. Lewis next of kin of the Testatrix pursuant

to a former order of this Court, therefore on this day

came J. B. Hunt and John H. Jones subscribing

witnesses to said Will who being duly qualified

testified to the due execution and attestation

of said Will which testimony was reduced to

writing, by them respectively subscribed and filed

with said Will. Whereupon the Court finds
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 633)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 633)

Description

[page 633]

[corresponds to labeled page 580 of Will Record Vol. 6 1876 - 1883]

580

Ann Lewis Hughes' Will

that the aforesaid instrument of writing is

the last Will and Testament of said Ann

Lewis Hughes deceased, that the Testatrix at

the time of signing the same, was of lawful age

of sound and disposing mind and memory and

under no undue or unlawful restraint whatsoever.

It is therefore by the Court ordered that the said

Will be admitted to probate and that the same

together with the testimony of the witnesses above

named be entered of record in this Court

Rufus Carpenter

Probate Judge


Copy of Will

In the name of God. Amen.

I, Ann Lewis Hughes of Oak Hill Ohio, being of sound

mind and memory do hereby make publish and

declare this to be my last Will and Testament, hereby

revoking and making void all former wills by me

at any time heretofore made -

First - I order and direct my Executor to turn over to

my daughter Kate L. Jones and daughter-in-law

Emma L. B. Lewis, without inventory, all my house-

hold goods, furniture, and clothing to be by them divided

and disposed of as they may [crossed out: think] see proper.

Second - I order and direct my Executor as son after

my decease as practicable to pay off and discharge

all the debts, dues and liabilities that may exist

against me at the time of my death, including

my Doctor bills and funeral expenses, and to

cause to be erected on the family lot in the Oak

Hill Cemetery a suitable family monument.

Third - I give and bequeath unto my grand-child

Anna Mary Morgan, Five hundred dollars, to be paid

to her by Executor when she shall have attained

legal age

*Fifth - I order and direct my Executor, that if either

of my aforenamed grand children shall die before

having attained legal age, and without issue, he

shall pay to the surviving sister the amount herein

bequeathed to both.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 634)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 634)

Description

[page 634]

[corresponds to labeled page 581 of Will Record Vol. 6 1876 - 1883]

581

Ann Lewis Hughes' Will

Fourth - I give and bequeath unto my grand-child

Sarah Catharine Morgan Five hundred dollars, to

be paid to her by my Executor when she shall have

attained legal age

Sixth - I give and bequeath to my daughter-in-law,

Emma L. B. Lewis, one half of a share in the Jefferson

Furnace Company, Jackson County, Ohio, which is one

half of my interest in said Furnace Company

Seventh - I give and bequeath to my daughter Kate

L. Jones the house and lots in the incorporated

village of Oak Hill County of Jackson and State

of Ohio and believed to be described as Lots 101

and 106 and if this description is incorrect - the

said house with lot or lots is more certainly

described as the house built in Portland by Dr.

W. S. Williams, and afterwards occupied as a

dwelling by Rev. E. R. Jones, with the piece of ground

thereto attached, whether it be one lot or two

I also give and bequeath to my said daughter

Kate L. Jones, the sum of Two Hundred dollars

Eighth - I give, devise and bequeath to my son Jemuel

Lewis, One House and Lot situated in the in-

corporated village of Oak Hill Ohio said house

being builded and used by me for a dwelling

and believed to be described as follows: part of Lot

12 Reeds addition to Portland, now the incorpora-

ted village of Oak Hill Ohio and U hereby direct

my Executor to secure for my son Jemuel a deed

for the enclosed Lot on which my said dwelling

stands, from the estate of E. R. Jones, deceased

I being entitled to a deed, and having paid

said E. R. Jones for the same. I also give to

my said son Jemuel Lewis one half of a share

in the Jefferson Furnace Company Jackson County

Ohio, which is one half of my interest - in said

Furnace Company, and also the sum of Two hun-

dred dollars -

Ninth - I give devise and bequeath unto my son

William T. Lewis, the rest and residue of my estate

real, personal and mixed and all credits, moneys

and chattels not herein disposed of
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 635)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 635)

Description

[page 635]

[corresponds to labeled page 582 of Will Record Vol. 6 1876 - 1883]

582

Ann Lewis Hughes' Will

Tenth - I hereby nominate my son William T. Lewis

Executor of this my last Will and Testament -

and direct that no bonds be required of him

as said Executor

In witness whereof I have hereunto

subscribed my name this 30" day of April A.D. 1883

her

Ann Lewis X Hughes {Seal}

mark

The above and foregoing instrument was at the date

thereof signed, sealed, published, and declared by

the said Ann Lewis Hughes, as and for her last

Will and testament, in persuant of us, who, at her

request have read this instrument to her, and in her

presence and in the presence of each other, at her
-
request have subscribed our names as witnesses

J. B. Hunt - Delaware O.

John H. Jones - Delaware O.

Probate of Will

The State of Ohio } Probate Court

Delaware County } SS

Personally appeared in open Court

J. B. Hunt and John H. Jones the subscribing

witnesses to the last Will and Testament of Ann

Lewis Hughes 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 Ann Lewis Hughes now deceased

is the Will of said deceased Ann Lewis Hughes

that they were present at the execution of said

Will, at the request of the Testatrix, subscribed

their names to the same as witnesses, in her presence

and that they saw the said Ann Lewis Hughes

deceased, sign and seal said Will, and heard

her acknowledge the same to be her last Will and

Testament: that the said Ann Lewis Hughes at the

time of making, signing, and sealing said Will, was

of legal age and of sound and disposing mind

and memory, and under no undue or unlawful

restraint whatsoever.
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 636)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 636)

Description

[page 636]

[corresponds to labeled page 583 of Will Record Vol. 6 1876 - 1883]

583


Ann Lewis Hughes' Will


J. B. Hunt

John H. Jones

Sworn to and subscribed in open Court this

24" day of September A.D. 1883

Rufus Carpenter

Probate Judge
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 637)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 637)

Description

[page 637]

[corresponds to labeled page 598 of Will Record Vol. 6 1876 - 1883]

598

[blank]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 638)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 638)

Description

[page 638]

[corresponds to unlabeled page of Will Record Vol. 6 1876 - 1883]


Will Record No. 7 ordered

to be delivered Sept.

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 639)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 639)

Description

[page 639]

[corresponds to inside back cover of Will Record Vol. 6 1876 - 1883]


Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 640)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 640)

Description

[page 640]

[corresponds to inside of back cover of Will Record Vol. 6 1876 - 1883]
Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 641)

Title

Delaware County Ohio Will Records Vol. 6 1876-1883 (p. 641)

Description

[page 641]

[corresponds to back cover of Will Record Vol. 6 1876 - 1883]

Dublin Core

Title

Delaware County Ohio Will Records Vol. 6 1876-1883

Subject

Delaware County--Will Records--Ohio--1876-1883

Description

Delaware County Ohio Will Records Vol. 6 1876-1883. This book is located at the Delaware County Records Center at 2079 US 23 North PO Box 8006 Delaware Ohio, 43015

Creator

Decedents of Delaware County, Ohio, 1876-1883

Date

1876-1883

Contributor

Delaware County Court Probate Judge: Rufus Carpenter; Delaware County Court Probate Judge: F.B. Sprague; Delaware County Court Probate Deputy Clerk: B. Roloson; Delaware County Court Probate Deputy Clerk: B.C. Webster

Rights

http://rightsstatements.org/vocab/NoC-US/1.0/

Format

Book

Language

English

Type

Still Image
Text

Identifier

92961146

Citation

Decedents of Delaware County, Ohio, 1876-1883, “Delaware County Ohio Will Records Vol. 6 1876-1883,” Delaware County Memory, accessed December 22, 2024, http://delawarecountymemory.org/items/show/130.

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