Delaware County Ohio Will Records Vol. 9 1890-1893

Delaware County Ohio Will Records Vol. 9 1890-1893 (1)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (1)

Description

[corresponds to side cover of Delaware County Ohio Will Records Vol. 9 1890-93]

WILL RECORD 1890-1893 9 DELAWARE COUNTY
Delaware County Ohio Will Records Vol. 9 1890-1893 (2)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (2)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]
Delaware County Ohio Will Records Vol. 9 1890-1893 (3)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (3)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (4)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (4)

Description

[corresponds to inside cover of Delaware County Ohio Will Records Vol. 9 1890-93]

Allen Harvey 47

Atkinson Wirts 535

Albright Werter B. 571
Delaware County Ohio Will Records Vol. 9 1890-1893 (5)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (5)

Description

corresponds to index page B of Delaware County Ohio Will Records Vol. 9 1890-93]


Behrens Henry 84 Case 4797

Belknap Elizabeth 110

Barton Emeline 135

Blair William 214 Case 4906

Baldwin J. William
(Franklin Co. 273

Bentin Lewis 338 508.

Beecher Martha 390 Case 5018

Burr Raymond
(Franklin Co.) 430 Case 5017

Bates George W. 441

Brown Aaron 451 Case 5048

Boehm, Martin 464 " 5089

Beach, Hellen Gertrude. 501

Benton, Loreta,
election. 508

Barthalomew Roxy 511

Broderick Hannah 565 Case 5182
Delaware County Ohio Will Records Vol. 9 1890-1893 (6)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (6)

Description

Curtiss Leonard 1
Charles Stephen 36
Caulkins Albert 40
Corbin Magdala 75
Cleveland Mary 93
Campbell James Smith 156 Case 4845
Carr G. A. 245
Constant Clara B. 325
Cone John W. 368
Cox John W. 427 Case 5056
Clymer William S. 550
Cowles Elizabeth H. Wells 555
Coleman Mariah 583
Delaware County Ohio Will Records Vol. 9 1890-1893 (7)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (7)

Description

[corresponds to index page D of Delaware County Ohio Will Records Vol. 9 1890-93]


Donovan Elizabeth 151

Dyxon Henry 209 Case 4905

Dickerman Bennie 211

DeGood, Benjamin 473 507.

DeGood. Maria S. election. 507
Delaware County Ohio Will Records Vol. 9 1890-1893 (8)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (8)

Description

[corresponds to index page E of Delaware County Ohio Will Records Vol. 9 1890-93]



Edwards John M. 104 Case 4816

Eury Jesse 115 " 4817 A.

Evans John T. 179

Elsbree Perthenia 260

Evans Robert E. 408
Delaware County Ohio Will Records Vol. 9 1890-1893 (9)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (9)

Description

[corresponds to index page F of Delaware County Ohio Will Records Vol. 9 1890-93]


Freeman Charles 183

Frost Samantha 253

Ford Vatchel M 282

Freese Isaac. 313 499.

Freese Rebecca. election. 499.

Fetters Jacob A. 563
Delaware County Ohio Will Records Vol. 9 1890-1893 (10)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (10)

Description

[corresponds to index page G of Delaware County Ohio Will Records Vol. 9 1890-93]



Gardner Jonathan T. 15 Case 4714

Gavitt Ezekiel S. 433

Griste Charles M. 524
Delaware County Ohio Will Records Vol. 9 1890-1893 (11)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (11)

Description

[corresponds to index page H of Delaware County Ohio Will Records Vol. 9 1890-93]


Hoffhines Nelson M.
(Franklin Co) 19 case No 4711

Howison Sandford 199

Hardin Solomon 257

Hughes Joseph E. 264 Case 4938

Hursey Charlotte 289 516 Case 4939

Hough Orsarmus D. 297

Heffner Isaac 303

Hoskins Jacob 318 Case 4967
Delaware County Ohio Will Records Vol. 9 1890-1893 (12)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (12)

Description

[corresponds to index page I of Delaware County Ohio Will Records Vol. 9 1890-93]
Delaware County Ohio Will Records Vol. 9 1890-1893 (13)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (13)

Description

[corresponds to index page J of Delaware County Ohio Will Records Vol. 9 1890-93]


Jones Reed T. 170

Johnston William 238

Jones, Thomas C. 504 Case 5115

Jones Lydia (John H. Jones widower)
517 " 5136

Johnson Emma S. 521

Jenkins Catharine 579
Delaware County Ohio Will Records Vol. 9 1890-1893 (14)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (14)

Description

[corresponds to index page K of Delaware County Ohio Will Records Vol. 9 1890-93]


Kruck Mathias 527
Delaware County Ohio Will Records Vol. 9 1890-1893 (15)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (15)

Description

[corresponds to index page L of Delaware County Ohio Will Records Vol. 9 1890-93]

Lacher John George 175

Loofbourrow Benjamin T. 187

Love Thomas 219

Lang Andrew 233

Lewis Eather J. 349

Lingshore Warner 358

Leak Gilbert 384

Landon Henry 387

Lawrence David 575
Delaware County Ohio Will Records Vol. 9 1890-1893 (16)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (16)

Description

[corresponds to index page M of Delaware County Ohio Will Records Vol. 9 1890-93]


Mills Elizabeth 129

Myers Jacob 223

Moore Mary 269

Miller John C. 331 Case 4979

Mendenhall James W. 484 will 496

Mendenhall Olive S. election 496 [this line is crossed out]

Markel Jonathan 545
Delaware County Ohio Will Records Vol. 9 1890-1893 (17)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (17)

Description

[corresponds to index page Mc of Delaware County Ohio Will Records Vol. 9 1890-93]


McGonigle Robert J. 448

McLeod Alfred 459 498.

McLeod Rebecca,
election. 498
Delaware County Ohio Will Records Vol. 9 1890-1893 (18)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (18)

Description

[corresponds to index page N of Delaware County Ohio Will Records Vol. 9 1890-93]


Noble James W. 227
Delaware County Ohio Will Records Vol. 9 1890-1893 (19)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (19)

Description

[corresponds to index page O of Delaware County Ohio Will Records Vol. 9 1890-93]

O'Connor Thomas 10

Osborn Susan. 125
Delaware County Ohio Will Records Vol. 9 1890-1893 (20)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (20)

Description

[corresponds to index page P of Delaware County Ohio Will Records Vol. 9 1890-93]


Piper John 55 Case 4771

Phillips Nancy 80- 168

Pugh George 141- 145

Pierson Silas 345

Pfiffer Gregory 353 Case 4833

Perry Thomas L. 418

Potter Walter. 487

Potter Elenor,
election. 492

Parmer Ann 530
Delaware County Ohio Will Records Vol. 9 1890-1893 (21)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (21)

Description

[corresponds to index page Q of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (22)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (22)

Description

[corresponds to index page R of Delaware County Ohio Will Records Vol. 9 1890-93]


Roloson Levi 5

Rees Rowland- 44

Rosevelt Stephen 50

Rowlands John 58

Rheem Eliza B. 120

Rutherford Henry 437

Riebel, August 469
Delaware County Ohio Will Records Vol. 9 1890-1893 (23)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (23)

Description

[corresponds to index page S of Delaware County Ohio Will Records Vol. 9 1890-93]


Shoub John H. 205

Smith Jeremiah W. 249 509. Case 4928

Shelley Hannah 278

Smith Elizabeth 293

Sheets Daniel 373

Stith James W. 395

Schults Benjamin 398 494

Sunderland Peter 401

Sloop Charles 404

Stanbery Charles (Sen.) 412

Seigfried Benjamin
(Franklin Co. O.) 456 Case 5077

Shanahan, John 479

Shults, Benjamine 494-398

Smith, Eliza election. 509.

Steitz Michael 559
Delaware County Ohio Will Records Vol. 9 1890-1893 (24)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (24)

Description

[corresponds to index page T of Delaware County Ohio Will Records Vol. 9 1890-93]


Tallman Henton 146

Thomas James. 191

Thompson Susan 540
Delaware County Ohio Will Records Vol. 9 1890-1893 (25)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (25)

Description

[corresponds to index page U of Delaware County Ohio Will Records Vol. 9 1890-93]

Delaware County Ohio Will Records Vol. 9 1890-1893 (26)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (26)

Description


[corresponds to index page V of Delaware County Ohio Will Records Vol. 9 1890-93]

Vining Sarah 363 500.

Vantasel John 377

Vining Elam C. election. 500

Delaware County Ohio Will Records Vol. 9 1890-1893 (27)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (27)

Description

[corresponds to index page W of Delaware County Ohio Will Records Vol. 9 1890-93]


Wheaton Mary E. 22

Warner Benjamin H. 26

Webster Oliver. 33

Wornstaff Lewis 66

Wilson Hannah 86

Williams George D. 100 Case 4814

Wilson Zane. 161 " 4854

Woodley Aarn 196 " 4877

Williams John A. 286 " 4951

Wittlinger William F. 334

Wharton Sarah 381 Case 5016.

Welch Ralph R. 422

Wells Elizabeth H. (Cowles) 555

White Thornton F.(Pickaway Co.) 569 5219
Delaware County Ohio Will Records Vol. 9 1890-1893 (28)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (28)

Description

[corresponds to index page Y of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (29)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (29)

Subject

[corresponds to index page Z of Delaware County Ohio Will Records

Description

[corresponds to index page Z of Delaware County Ohio Will Records
Delaware County Ohio Will Records Vol. 9 1890-1893 (30)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (30)

Description

[corresponds to page 1 of Delaware County Ohio Will Records Vol. 9 1890-93]

Leonard Curtiss Will

Journal Entry

April 30th 1980.

In the Matter of the Will }

of Leonard Curtiss deceased.} This day, an instrument of writing,

purporting to be the last Will and Tes-

tament of Leonard Curtiss, late of Genoa Township, in this Coun-

ty, deceased, was produced in open Court for probate, in consideration

whereof, it is 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 Henry C. Curtiss-

Howard Curtiss- Dwight C. Curtiss and Edna A. Curtiss

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 May. A.D. 1890 at 10 o'clock A.M.

N. F. Overturf

Probate Judge.


Application of Probate of Will

The State of Ohio } In Probate Court.

Delaware County SS}


In the Matter of the last Will }

and Testament of Leonard Cur- } Application of Admit to Probate.

tiss deceased. ~~~

To the Hon. N. T. Overturf, Judge of

the Probate Court in and for said Counth:

Your petitioner respectfully represents

that Leonard Curtiss late a resident of the Township of Genoa

in said County, died on or about the 27th day of April. A.D.

1890, leaving an instrument in writing, hereto attached pur-

porting to be his last Will and Testament: That the said

Leonard Curtiss died leaving no widow and the following named

persons his only next of kin resident of the State of Ohio


Name Degree of Kinship P.O. Address

Henry N. Curtiss Son Galena O.

Howard Curtiss " " "

Dwight C. Curtiss " " "

Edna A. Curtiss Daughter " "


Your petition prays that a time may be fixed for the proving

of said Will and that said above named persons may be notified

according to law of the pending of said proceeding:

George J Roberts.

The foregoing application was signed in my presence and sworn to

before me, this 30th day of April A.D. 1890.

N.F. Overturf.

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (31)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (31)

Description

[page 31]

[corresponds to page 2 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will.

Notice

The State of Ohio } In Probate Court.

Delaware County.SS }

In the Matter of the last Will and Tes-

tament of Leonard Curtiss deceased.

To Geo. J. Roberts

You are hereby commanded

to notify Henry C. Curtiss- Howard Curtiss- Dwight C

Curtiss and Edna A. Curtiss that on the 30 day of April

A.D. 1890, an instrument of writing, purporting to be the last Will

and Testament of Leonard Curtis late of Genoa Township, in

said County, deceased, was produced in said Court, and an applica-

tion to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this court

on the 6" day of May. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 30 day of April A.

D. 1890.

{Seal} N. F. Overturf

Probate Judge

Proof of Service.

The State of Ohio }

Delaware County.SS} Geo. J. Roberts being duly sworn says

that on the 1st day of May. A.D. 1980

he served the within notice by delivering a true copy thereof to the

within named Henry C. Curtiss- Howard Curtiss- Dwight

C. Curtiss and Edna A. Curtiss

George J. Roberts.

Subscribed in my presence and sworn to before me this 6" day of

May. A.D. 1890.

N. F. Overturf

{Seal} Probate Judge


Probate of Will


The State of Ohio } In Probate Court.

Delaware County.SS}

Personally appeared in open Court W.

H. Miller and A.P. Taylor the subscribing witnesses to the

last Will and Testament of Leonard Curtiss, late of Genoa

Township in said Delaware 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 execution of said

Will, depose and say: That the paper before them bearing date

the 1st day of April. A.D. 1890. purporting to be ther last

Will and Testament of Leonard Curtiss, now deceased is the

Will of said deceased, Leonard Curtiss, that they were present
Delaware County Ohio Will Records Vol. 9 1890-1893 (32)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (32)

Description


[page 32]

[corresponds to page 3 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

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 Leonard Curtiss

deceased, sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the

said Leonard Curtis at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint.

W.H. Miller

A.P. Taylor

Sworn to and subscribed by said wintesses, in open Court,

this 6" day of May A.D. 1890

N. F. Overturf

{Seal} Probate Judge.


Journal Entry

May 6th 1890.

In the Matter of the Will of}

Leonard Curtiss, deceased }

Be it remembered that heretofore, to wit: on

the 30th day of April. A.D. 1890. an instrument of writing purport-

ing to be the last Will and Testament of Leonard Curtiss, late

of Genoa 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 Henry C. Curtiss- Howard

Curtiss- Dwight C. Curtiss and Edna A. Curtiss, next of

kin of the Testator, resident of the State of Ohio, pursuant to a

former order of this Court, thereupon, on this day, came W. H.

Miller and A.P. Taylor, 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 is the last Will and Testament of said Leonard Cur-

tiss, deceased. That the same was duly executed and attested,

and that the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory,

and not under any restraint. 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, as well as the proceedings had thereon, be entered of

record in this Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (33)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (33)

Description

[page 33]

[corresponds to page 4 of Delaware County Ohio Will Records Vol. 9 1890-93]


Leonard Curtiss Will

Copy of Will

In the name of the Benevolent Father of All, I Leonard Cur-

tis, of Genoa Township, Delaware County and State of Ohio

do make and publish this my last Will and Testament

First it is my will that my just debts and charges be paid

out of my estate including a suitable monument of my grave

which I desire my Executor to have erected.

Item 1st

I give and devise to my daughter Edna A. Curtis all

my household goods and provisions of every description on hand

at my decease

Item 2nd

I give and devise to my daughter Edna A. Curtis all of

my chattle property of every description divided and undivided,

also all moneys on hand at my decease, provided the said Edna

A. Curtis assumes my obligation as to the one fourth expense

of careing for my invalid sister Emily Curtis during her

natural life.

Item 3rd

I give and devise to my daughter Edna A. Curtis, son

Dwight C. Curtis and Howard Curtis the scales that I

now own.

Item 4th

I do hereby nominate and appoint George J. Roberts, Execu-

tor of this my last Will and Testament.

In testimony hereof I have hereunto set my hand and seal

this first day of April. in the year 1890.

L. Curtis {Seal}


Signed and acknowledged by said Leonard Curtis as his last Will

and Testament in our presence and signed by us in his presence.

W.H. Miller

A.P. Taylor.
Delaware County Ohio Will Records Vol. 9 1890-1893 (34)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (34)

Description

[page 34]

[corresponds to page 5 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson Will

Journal Entry

April, 29th 18902.

In the Matter of the Will of}

Levi Roloson, deceased. } This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Levi Roloson, late of Berlin Township, in this County, de:

ceased, was produced in open Court for Probate; On consideration

whereof, it is 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 Elizabeth C. Roloson

widow, and Wesley H. Roloson and Eva C. Roloson, 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 May A.D. 1890,

at 1 oclock P.M. (H. W. B. Roloson and E.P Roloson having

in writing waived further notice and consented to the probate of

said Will).

N.F. Overturf

Probate Judge


Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County, ss}

In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Levi Roloson, deceased.}

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Levi Roloson, late a resident of the Township of Ber:

lin in said County, died on or about the 22nd day of April A.

D. 1890, leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament; That the said

Levi Roloson died leaving Elizabeth C. Roloson, widow,

and the following persons his only next of kin resident

of the State of Ohio

Name Degree of Kinship P.O. Address.

Wesley Roloson Son Cincinnati O

Henry W. B. Roloson " West Berlin O

E.P. Roloson " " "

Eva C. Roloson Daughter Cincinnati O

Your petitioner prays that a time may be fixed for the proving

of said Will and that said above named persons may be

notified according to law of the pending of said proceedings.

H. W. B. Roloson

The foregoing application was signed in my presence and sworn
Delaware County Ohio Will Records Vol. 9 1890-1893 (35)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (35)

Description

[page 35]

[corresponds to page 6 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

to before me, this 29" day of April. A.D. 1890.

N. F Overturf

{Seal} Probate Judge

"Waiver" Filed April 29" 1890.

We, the undersigned next of kin of the within named decedent, here:

by waive further notice, and consent to the probate of said Will.

Dated this 29" day of April. A.D. 1890.

H.W.B. Roloson.

E.P. Roloson

Notice

The State of Ohio } In Probate Court.

Delaware County, SS}

In the matter of the last Will and Testa:

ment of Levi Roloson, deceased.

To Henry W. B. Roloson:

You are hereby commanded to notify Elizabeth C. Roloson-

Wesley H. Roloson and Eva C. Roloson, that on the

29" day of April. A.D. 1890 an instrument of writing, purporting

to be the last Will and Testament of Levi Roloson, late of

Berlin Township, in said County, deceased, was produced in

said Court, and an application to admit the same to probate

was on the same day made in said Court. Said application

will be for hearing before this Court on the 6" day of May,

A.D. 1890, at 1 o'clock P.M.

Wittness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 29" day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Proof of Service

The State of Ohio }

Delaware County, SS } Henry W. B. Roloson being duly

sworn, says that on the 6" day of May.

A.D. 1890, he served the within notice by delivering a true

copy thereof to the within named Elizabeth C. Roloson-

Wesley H. Roloson. and Eva C. Roloson.

H.W.B. Roloson

Subscribed in my presence and sworn to before me this 6"

day of May. A.D. 1890.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (36)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (36)

Description

[page 36]

[corresponds to 7 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

Probate of Will.

The State of Ohio } In Probate Court.

Delaware County, SS }

Personally appeaared in open Court Jona:

than Dunham and Elizabeth Dunham the subscribing wit-

nesses to the last Will and Testament of Levi Roloson, late of

Berlin Township in said Delaware 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 execution

of said Will, depose and say: That the paper before them

bearing date the 20 day of May. A.D. 1889, purporting to

be the last Will and Testament of Levi Roloson now deceased,

is the Will of said deceased Levi Roloson, 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 Levi

Roloson deceased, sign and seal said Will, and heard him

acknowledge the same to be his last Will and Testament,

and that the said Levi Roloson at the time of making, sign:

ing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint.

Jonathan Dunham

Elizabeth Dunham

Sworn to and subscribed by said witnesses, in open Court,

this 6" day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry.

May 6th 1890.

In the Matter of the Will of}

Levi Roloson, deceased. }

Be it remembered that heretofore

to wit on the 29" day of April A.D. 1890 an instrument

of writing, purporting to be the last Will and Testament

of Levi Roloson, late of Berlin 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

Elizabeth C. Roloson. Wesley H. Roloson and Eva

C. Roloson, the widow and next of kin of said Testator

resident of the State of Ohio pursuant to a former order

of this Court; (H.W.B. Roloson and E.P. Roloson,

having waived Notice); thereupon, on this day came

Jonathan Dunham and Elizabeth Dunham, the
Delaware County Ohio Will Records Vol. 9 1890-1893 (37)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (37)

Description

[page 37]

[corresponds to page 8 of Delaware County Ohio Will Records Vol. 9 1890-93]

Levi Roloson's Will

subscribing witnesses to said Will, who being duly sworn, 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

Testament of said Levi Roloson, deceased. That the same was

duly executed and attested; and that the said Testator at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

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, as well as the proceed;

ings had thereon be entered of record in this Court.

Citation ordered and issued to Elizabeth C. Roloson-

widow of said decedent to elect as to said Will, as required by

law.

N.F. Overturf

Probate Judge.


Copy of Will

I, Levi Roloson of Berlin Township Delaware County

Ohio do make and publish this my last Will and Tes:

tament.

First:

I give and bequeath unto my son Henry Roloson the

North part of my Farm on which I now reside laying

North of a line to be run through said Farm commencing

in the center of the west line of said Farm said line being

the Division line between said Farm and the land of G. L.

Sackett thence running East to the land of Edward Roloson and

I enjoin the said Henry Roloson to pay to Wesley Roloson

my son at the rate of Twenty Five Dollars an Acre for

the number of Acres bequeathed to him commencing payment

one year after my decease and pay One Hundred Dollars an:

nually therefrom, without interest till the whole amount is paid,

excepting land that may be set off to my widow payment to

be deferred on that till after the death of my widow

Second:~

I give and bequeath unto my son Henry Roloson my

watch that I now have in my possession.

Third:~

I give and bequeath unto my son Edward Roloson that

part of my Farm laying south of the above described line to

run East and West through the above named Farm and I

enjoin the said Edward Roloson to pay to Eva Roloson at

the rate of Twenty Dollars an Acre for the number of acres

bequeathed to him payment to be made on the same conditions

that payment is made by the above named Henry Roloson

it is my will that there be no appraisement made of my

Estate.
Delaware County Ohio Will Records Vol. 9 1890-1893 (38)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (38)

Description

[page 38]

[corresponds to page 9 of Delaware County Ohio Will Records Vol. 9 1890-93]


Levi Roloson's Will

Fourth,

I hereby nominate and appoint as Executor Henry Roloson

my son,

In witness whereof I have hereunto subscribed

my name this 25th day of May. A.D. 1889.

Levi Roloson {Seal}


The above and foregoing instrument was at the date thereof

signed sealed published and declared by the said Levi Roloson

as and for his last Will and Testament in presence of

us who at his request and in the presence of each other

have subscribed our names as witnesses.

Jonathan Dunham

Elizabeth Dunham
Delaware County Ohio Will Records Vol. 9 1890-1893 (39)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (39)

Description

[page 39]
[corresponds to page 10 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Journal Entry.

April . 28th 1890. }

In the Matter of the Will }

of Thomas O'Connor-deceased} This day an instrument of writing,

purporting to be the last Will and Testa-

ment of Thomas O'Connor, late of Liberty Township, in this

County, deceased was produced in open Court for probate; on

consideration whereof, it is 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 Mary Moriarty-

John O'Connor - James O'Connor and Thomas O'Con:

nor next of kin of the testator, resident of the State of Ohio,

that said application will be for hearing before this Court, on

the 10" day of May A.D. 1890, at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Application for Probate of Will.

The State of Ohio } In Probate Court,

Delaware County, ss.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

Thomas O'Connor, deceased. }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County.

Your petitioner respectifully represents

that Thomas O'Connor, late a resident of the Township of

Liberty in said County, died on or about the 25th day of April

A.D. 1890, leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament. That the said

Thomas O'Connor died leaving no widow and the following

named persons his only next of kin resident of the State of Ohio

Name Degree of Kinship P.O. Address

Mary Moriarty Daughter Prospect, O.

John O'Connor Son Marion, O.

James O'Connor " Xenia, O.

Thomas O'Connor " Delaware, O.


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

cording to law of the pending of said proceedings.

Rev. Ph. Steyle

The foregoing application was signed in my presence and sworn to

before me, this 28th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (40)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (40)

Description

[page 40]

[corresponds to page 11 of Delaware County Ohio Will Records Vol. 9 1890-93]

` Thomas O'Connor's Will

Notice to Heirs.

The State of Ohio } Probate Court

Delaware county,ss,}

In the matter of the last Will and Testa:

ment of Thomas O'Connor, deceased.

To Mary Moriarty:

You are hereby notified that on

the 28th day of April. an instrument of writing, purporting to be

the last Will and Testament of Thomas O'Connor, late of

Liberty Township, in said County, deceased, was produced in

open Court, and an application to admit the same to probate

was on the same day made in said court. Said application

will be for hearing before this Court on the 10th day of May.

A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 2" day of May A.D. 1890.

Mary Moriarty

Prospect. Ohio.


Notice to Heirs.

The State of Ohio } In Probate Court

Delaware County.ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased:

To James O'Connor and John O'Connor:

You are hereby notified that on the 28th day of April. A.D.

1890, an instrument of writing, purporting to be the last Will

and Testament of Thomas O'Connor, late of Liberty Township,

in said County, deceased, was produced in open Court, and an

application to admit the same to probate was on the sameday

made in said Court. Said application will be for hearing

before this Court on the 10th day of May. A.D. 1890 at 10

o'clock A.M.,

N.F. Overturf

Probate Judge

Dated at Delaware Ohio this 28th day of April. A.D. 1890.


I the undersigned person within named hereby acknowledge

service of the within notice this 7" day of May A.D. 1890

James O'Connor

John O'Connor.
Delaware County Ohio Will Records Vol. 9 1890-1893 (41)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (41)

Description

[page 41]

[corresponds to page 12 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Notice to heirs.

The State of Ohio } In Probate Court.

Delaware County,ss. }

In the Matter of the last Will and Testament

of Thomas O'Connor, deceased,

To Thomas O'Connor:

You are hereby notified that

on the 28th day of April. A.D. 1890, an instrument of writing

purporting to be the last Will and Testament of Thomas

O'Connor, late of Liberty Township, in said county, deceased,

was produced in open Court, and an application to admit the

same to probate was on the same day made in said court.

Said application will be for hearing before this Court on the 10th

day of May A.D. 1890. at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Dated at Delaware Ohio, this 28th day of April A.D. 1890


Return.

The State of Ohio }

Delaware County.ss.} George Coyner being duly sworn, says that

on the 8th day of May. A.D. 1890, he served the

within notice by delivering a true copy thereof to the within named

Thomas O'Connor.

Geo. Coyner.

Subscribed in my presence and sworn to before me this 10" day of May 1890

{Seal} N.F. Overturf

Probate Judge

Journal Entry.

May 10th 1890. }

In the Matter of the Will of:}

Thomas O'Connor, deceased } Be it remembered that heretofore, to wit; on

the 28th day of April A.D. 1890, an instru:

ment of writing purporting to be the last Will and Testament and

Codicil thereto of Thomas O'Connor, late of Liberty 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 Mary Moriarty- John O'Connor- James O'Connor and

Thomas O'Connor, next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court.

And this cause is now continued to take the testimony of witness:

es to said instrument until the 16th day of May A.D. 1890, at

10 o'clock A.M.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (42)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (42)

Description

[page 42]

[corresponds to page 13 of Delaware County Ohio Will Records Vol. 9 1890-93]

Thomas O'Connor's Will

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss.}

Personally appeared in open Court Joseph

McLin and Ella McLin the subscribing witnesses to the last Will and

Testament and Codicil of said Will of Thomas O'Connor, late

of Liberty Township in said Delaware 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 execution of said Will,

and Codicil, depose and say: That the paper before them bearing

date the 14" day of April A.D. 1890, purporting to be the

last Will and Testament of Thomas O'Connor now deceased,

is the Will of said deceased Thomas O'Connor and the Codicil

thereto was executed at the same time by said Thomas O'Connor

that they were present at the execution of said Will and Codicil and

at the request of the Testator, respectively subscribed their names

to the same as witnesses, in his presence: that they saw the

said Thomas O'Connor deceased sign and seal said Will and

Codicil and heard him acknowledge the same to be his last Will

and Testament, and that the said Thomas O'Connor at the

time of making, signing and sealing said Will and Codicil was

of full age, of sound mind and memory and not under any restraint

Joseph McLin

Ella McLin.

Sworn to and subscribed by said witnesses, in open Court, this

16" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

May 16th 1890. }

In the Matter of the Will }

of Thomas O'Connor, deceased}

This day this matter came on to

be heard and thereupon came Joseph McLin and Ella Mc

Lin- the subscribing witnesses to said Will and Codicil thereto,

who being duly sworn, testified to the due execution and attestation

of said Will and Codicil thereto, 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 and Codicil thereto of said

Thomas O'Connor, deceased. That the same were duly executed

and attested, and that the said Testator at the time of making

signing and sealing said Will and Codicil thereto, was of

full age, of sound mind and memory, and not under any restraint.

It is therefore, by the Court ordered, that the said Will and

Codicil thereto, be admitted to probate and that the same to-

gether with the testimony of the witnesses above named, as well
Delaware County Ohio Will Records Vol. 9 1890-1893 (43)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (43)

Description

[page 43]

[corresponds to page 14 of Delaware County Ohio Will Records Vol. 9 1890-93]


Thomas O'Connor Will

as the proceedings had thereon be entered of record in this Court.

N.F. Overturf

Probate Judge


"Copy of Will"

Liberty Township, Delaware Co., Ohio, April. 14th 1890.

I Thomas O'Connor enjoying the full use of all my

faculties, do hereby make this my last will and testament, hereby re-

voking all former Testaments.

I desire the Administrator and Executor of this my last Will to re:

pay all my funeral expenses out of my real estate property.

I leave and bequeath to the Pastor of St. Mary's Church, Dela-

ware Ohio Fifteen Dollars. 15.00

I leave and bequeath John Macklin the sum of Fifty Dollars, with

my thanks for his kindness to me during my last illness.

I leave and bequeath to St Mary's Church Delaware Ohio

the sum of Fifty Dollars, to be applied by the pastor in Charitable

works.

4 I leave and bequeath to my four sons and my daughter the balance

of my property in 5 equal shares, after the bequests above named

shall all have been paid and my funeral expenses and just

debts shall have been paid.

5. I hereby appoint Rev. Ph. Steyle of Delaware, Administrator

and Executor of this my last Will and Testament without bond.

In testimony of the above and to confirm it, I have this

day the 14th day of April, 1890 signed and sealed this my last Will in

the presence of two witnesses who have signed likewise.

Thos O'Connor

Witnesses { Joseph McLin {Seal}

{ Ella McLin {SEal}



Codicil

I desire the Administrator of my last Will, out of my

Real Estate over the grave of my wife and my own

grave a tomb stone, not to exceed $40.00 in value.

Signed Thos O'Connor


Witnesses { Joseph McLin {Seal}

{ Ella McLin {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (44)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (44)

Description

[page 44]

[corresponds to page 15 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

4714 Journal

May 16th 1890

In the Matter of the Will of:}

Jonathan T. Gardner, deceased} This day, an instrument of writing, pur:

porting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty Township, in this County, de:

ceased, was produced in open Court for Probate, On consideration

whereof, it is 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 Delia E. Gardner his widow and Jenette

Evans- Lyman Gardner- Irvin N. Gardner- Byron A Gardner-

and Isabella Neds, next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court on

the 20th day of May. A.D. 1890, at 9 o'clock A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will

The State of Ohio } In Probate Court.

Delaware County ss }


In the Matter of the last Will }

and Testament of Jonathan T. } Application to Admit to Probate

Gardner, deceased ~ }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully requesents

that Jonathan T. Gardner, late a resident of the Township of Liberty in

said County, died on or about the 10" day of May. A.D. 1890, leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Jonathan T. Gardner died leaving Delia

E. Gardner his wife and the following named persons his only next of

kin resident of the State of Ohio


Name Degree of Kinship P.O. Address

Jenette Evans Daughter Ill.

Lyman Gardner Son Powell Ohio

Irwin N. Gardner " " "

Byron A. Gardner " " "

Isabella Neds Daughter " "

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings

I.N. Gardner

The foregoing application was signed in my presence and sworn to

before me, this 16" day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (45)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (45)

Description

[page 45]

[corresponds to page 16 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jonathan T. Gardner's Will

Notice

The State of Ohio } In Probate Court

Delaware county ss }

In the Matter of the last Will and Testament

of Jonathan T. Gardner, deceased.

To Irvin N. Gardner:

You are hereby commanded to notify Delia E. Gardner- Jenette Ev:

ans- Lyman Gardner- Irvin Gardner- Byron A. Gardner

and Isabella Neds- that on the 16 day of May. A.D. 1890, an

instrument of writing purporting to be the last Will and Testament

of Jonathan T. Gardner, late of Liberty Township, in said County,

deceased, was produced in said Court, and an application to ad-

mit the same to probate was on the same day made in said

Court. Said applicaiton will be for hearing before this Court on

the 20" day of May. A.D. 1890, at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 16 day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned persons within named hereby acknowledge service

of the within Notice this 16th day of May A.D. 1890.

Delia E. Gardner.

Jenette Gardner Evans.

I.N. Gardner

B.A. Gardner

Isabell D. Neds.


Probate of Will.

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court F.B.

Sprague and E. Pilse the subscribing witnesses to the last Will

and Testament of Jonathan T. Gardner, late of Liberty Township

in said Delaware County, 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, de-

pose and say: That the paper before them bearing date the 7' day

of March. A.D. 1882, purporting to be the last Will and Testa:

ment of Jonathan T. Gardner now deceased, is the Will of

said deceased Jonathan T. Gardner, 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 Jonathan T. Gard-
Delaware County Ohio Will Records Vol. 9 1890-1893 (46)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (46)

Description

[page 46]

[corresponds to page 17 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

ner deceased, sign and seal said Will, and heard him acknowl-

edge the same to be his last Will and Testament, and that the

said Johnthan T. Garnder at the time of making, signing

amd sealing said Will, was of full age, of sound mind and

memory, and not uynder any restraint.

F. B. Sprague

E. Pike

Sworn to and subscribed by said witnesses, in open Court

this 20" day of May, A.D. 1890.

N. F. Overturf

Probate Judge

Journal Entry

May 20th 1890

In the Matter of the Will }
}
Jonathan T. Gardner decesed} Be it remembered, that hertofore,

to wit: on the 16th day of May.

A.D.1890 an instrument of writing, purporting to be the Last

Will and Testament of Jonathan T. Gardner, late of Liberty

Township, in this County, deceased, was produced in open

Court for the probate, and was then filed. And, it now being shown

to 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 Delia O. Gardner,

his widow - and Jenette Gardner Evans - and Isabell D. Neds

next of kin of the Testator, resident of the State of Ohio, pur-

suant to a former order of this Court, thereupon, on this

day came F. B. Spraugue and E. Pike, the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said WIll, Which tes:

timony 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 Tes:

tament of said Jonathan T. Gardner, decesed. That the

same was duly executed and attested; and that the said Tes:

tator, at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and that the same,

together with the proceedings had thereon, be entered of record in

this Court.

Citation ordered and issued to Delia E. Garner, widow of

said decedent, to elect as to said Will, as required by law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (47)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (47)

Description

[page 47]

[corresponds to page 18 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jonathan T. Gardner's Will

Copy of Will

In the name of the Benevolent Father of all:

I, Jonathan T. Gardner, of Libery Township, Delaware

County, Ohio, being of sound mind and memory, do now on this

7th day of Marchm A.D.1882, in the City of Delaware, Ohio,

make and declare the following to be my last Will and Testament

annulling all former Wills by me made.

Item 1st My beloved wife, if she survive me shall cause all my legal

debts to be paid.

Item 2d To my beloved wife Delia E. Garner I give and bequeath

in fee simple all my property both real and personal left

by me at the time of my decease, Having full confidence that

she will distribute what may be left at her death equitably

among my children. She however ful filling any contracts

made by me previous to my decease.

Item 3d I nominate and appoint my said wife Executrix, and ask the

court to waive Bond, Incentory and Appraisement of Person:

al Propery. And in case she my said Executrix shall desire

to sell realestate she is hereby authorized to do so and make

deeds for the same in as full manner as I could myself if

living without process of Court.

In testimony where of I have hereunto set my hand

and affixed my seal, at Delaware Ohio, this 7th day of

March 1882.

J. T. Gardner {seal}

Signed and sealed by said Jonathan T. Gardner as his

last Will and Testament in our presence, who in his presence

and in the presence of each other and by his special request

have signed the same as his witnesses on the day and year

above written,

F. B. Sprague

E. Pike.
Delaware County Ohio Will Records Vol. 9 1890-1893 (48)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (48)

Description

[page 48]

[corresponds to page 19 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

4711 Journal Entry

May 22d 1890.

In the Matter of the Authenticated }
}
Copy if the last Will and Testament}
}
of Nelson M. Hoffhines - late of: }
}
Frankin County, Ohio } An Authenticated Copy of

the last Will and Testament of

Nelson M. Hoffhines, late of Franklin County. Ohio, deceased,

and of the order probate of the same, in said County. were this

day presented to this Court for record. Whereupon, the Court,

finding that certain real estate devised by said Will is situated

in this County, hereby admits said copies to record, as provided by

law in such cases.

N. F. Overturf

Probate Judge

"Copy"

Nelson M. Hoffhines Will.

In the Matter of the Will } Probate Court
}
Nelson M. Hoffhines, deceased } Franklin County, O.

Saturday, February 15th A.D. 1890

This day an instrument of writing, purporting to be the last

Will and Testament of Nelson M. Hoffhines, late of

Montgomery Township, in this County, deceased, was produced

in open Court of 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 to the widow and next of kin of the Testator, resident

of the State of Ohio, 2 days prior thereto, that said appli:

cation will be for hearing before this Court, on the 19" day

of February,A.D.1890. at 2 o'clock P.M., saud notice to

be in writing and to be served on said parties personally, or by

leaving copies thereof at their usual place of residence.

Journal 33 page 357.

Charles G. Saffin

Probate Judge.

And afterwards, to-wit: on the 19 day of February. A.D.1890.

the findings and orders of this Court relative to the last

Will and Testament of Nelson M. Hoffhines deceased,

were entered on the Journal in words and figures following,

to-wit:

In the Matter of the Will of } Wednesday February 19"A.D.1890.
}
Nelson M. Hoffhines, deceased }

Be it Remebered, That, heretofore, to-wit: on the 15day of

February.A.D.1890, an instrument of writing, purporting
Delaware County Ohio Will Records Vol. 9 1890-1893 (49)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (49)

Description

[page 49]

[corresponds to page 20 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will

to be the last Will and Testament of Nelson M. Hoffhines,

late of Montgomery Township, in this County, deceased, 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 the widow and next of kin of the Testator, pursuant to a for:

mer order of this Court: thereupon on this day came Geo.

S. Peters and F. J. Hoffhines 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 Nelson M. Hoffhines, 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.

Charles G. Saffin.

Probate Judge.

Journal.33 Page 367

In the name of the Benevolent Father of all:

I Nelson M. Hoffhines of the City of Columbus,

Ohio, do make and publish this my last will and testament

hereby revoking all former wills by me at any time heretofore

made.

1st It is my will and desire that all my just debts and

funeral expenses be paid as soon after my decase as may be

found practicable.

2nd I will devise and bequeath to my dear Mother Louisa

Jane Hoffhines the use of the old homestead in Berkshire

Township: Delaware County. Ohio, consisting of a house and about

one fourth acre of land, so long as she may desire to occupy the same

as a home. It being my desire to provide her a home at said

place so long as she may desire to occupy the same, free of expense.

At the death of my said Mother, or if she at any time should

move therefrom and not desire to longer occupy the said property as a home

then I will desire and bequeath the same to my dear wife Theresa

M to her and her heirs forever.

3rd I will devise and bequeath to my dear wife Theresa M. all the

rest and residue of my property both real and personal, wherever the

same may be situate to her and her heirs forever.

4th I hereby nominate and appoint my said wife Theresa M. sole

executrix of this my last will and testament, and direct that no in
Delaware County Ohio Will Records Vol. 9 1890-1893 (50)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (50)

Description

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

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

his presence at his request, and in the presence of each other at the

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng 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

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

and say that we were present at the execution of the last Will and

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

at the time of executing the same was of full age, and of sound mind

and memory, and not under any restraint; and that we signed the

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate Judge.

The State of Ohio, Franklin County.ss.

I, Charles G. Saffin, Judge of the Probate Court, within

and for said County, hereby certify the foregoing to be a true copy of the

Last Will and Testament of Nelson M. Hoffhines, deceased, as the same

remains on file and record in said Court, together with the orders of said

Court made on the Probate thereof, and of the testimony of witnesses

examined as reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (51)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (51)

Description

[page 50]

[corresponds to page 21 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nelson M. Hoffhines' Will.

ventory or appraisement be made of my estate; and that my said

executrix be not required to give any bond for the faithful execution

of this trust.

In testimony whereof I hereunto set my hand and seal this 19th

day of January. A.D.1890.

Nelson M. Hoffhines. {seal}

Signed by the said Nelson M. Hoffhines and acknowlged by him

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

his presence at his request, and in the presence of each other at the

date aforesaid.

Geo. S. Peters.

F. J. Hoffhines.

Testimony

The subscribibng 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

and is in words and figures follwoing, to-wit:

The State of Ohio }

Franklin County.ss } Probate Court.

We, George S. Peters and F. J. Hoffhines being

duly sworn in open Court, this 19 day of February. A.D.1890. depose

and say that we were present at the execution of the last Will and

Testament of Nelson M. Hoffhines, deceased, hereunto annexed.

That we saw Nelson M. Hoffhines said Testator Nelson M. Hoffhines

subsribe said Will, and heard him publish and declare the same to be

his last Will and Testament; and that the said Nelson M. Hoffhines

at the time of executing the same was of full age, and of sound mind

and memory, and not under any restraint; and that we signed the

same as wintesses at this request and in his presence.

Geo. S. Peters

F. J. Hoffhines.

Sworn to and subscribed in open Court, on the day and year first above written.

{seal} Charles G. Saffin

Proabate Judge.

The State of Ohio, Franklin County.ss.

I, Charles G. Saffin, Judge of the Probate Court, within

and for said County, hereby certify the foregoing to be a true copy of the

Last Will and Testament of Nelson M. Hoffhines, deceased, as the same

remains on file and record in said Court, together with the orders of said

Court made on the Probate thereof, and of the testimony of witnesses

examined as reduced to writing and filed, and as recorded in Record of

Wills. Vol.M. Page 164.

Witness my official signature, and the seal of said

Court, at Columbus, this day of A.D.188 _____

{seal} Charles G. Saffin

Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (52)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (52)

Description



[page 52]

[corresponds to page 23 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 23

The foregoing application was signed in my presence and sworn to

before me, this 27th day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.



Notice

The State of Ohio } In Probate Court.

Delaware County ss }

In the Matter of the last Will and Testament

of Mary E. Wheaton, deceased.

To H.L. Wheaton:

You are hereby commanded to notify Clinton S. Wheaton

Sarah F. Condit - Charles M. Wheaton, Otis A.Wheaton-

and Lulie Clawson, that on the 27th day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire Township, in said

county, deceased, was produced in said in Court, and an application

to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this

Court on the 10" day of June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 27" day of May. A.D. 1890.

N.F. Overturf

Probate Judge.


Proof of Service

The State of Ohio }

Delaware County,ss } H.L. Wheaton being duly sworn says

that on the 30 & 31 days of May A.D. 1890,

he served the within notice by delivering a true copy thereof to the

within named Clinton S. Wheaton, Charles M. Wheaton-

Otis A. Wheaton and Sarah F. Condit, and served in same manner

Lulie Clawson on the 6" day of June. 1890.

H.L. Wheaton.

Subscribed in my presence and sworn to before me this 10" day

of June A.D. 1890.

N.F. Overturf

Probate Judge


Probate of Will

The State of Ohio } In Probate Court.

Delaware County,ss}

Personally appeared in open Court A.G. Wil:

cox and Jas. S. Pierson the subscribing witnesses to the last Will and

Testament of Mary E. Wheaton, late of Berkshire Township in

said Delaware County, deceased; who being duly sworn according to

law, to speak the truth, the whole truth, and nothing but the truth,
Delaware County Ohio Will Records Vol. 9 1890-1893 (53)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (53)

Description

[page 53]

[corresponds to page 24 of Delaware County Ohio Will Records Vol. 9 1890-93]


24 Mary E. Wheaton's Will.

in relation to the execution of said Will, depose and say: That the

paper before them bearing date the 31st day of Aug. A.D. 1885, pur-

porting to be the last Will and Testament of Mary E. Wheaton

now deceased, is the Will of said deceased Mary E. Wheaton, that

they were present at the execution of said Will, and at the request

of the Testatrix, respectively subscribed their names to the same as

witnesses, in her presence; that they saw the said Mary E. Wheaton

deceased sign and seal said Will, and heard her acknowledge the same

to be her last Will and Testament, and that the said Mary E. Whea-

ton at the time of making, signing and sealing said Will, were of full

age of sound mind and memory, and not under any restraint.

A.G. Wilcox

Jas. E. Pierson

Sworn to and subscribed by said witnesses, in open Court, this 10th

day of June. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

June 10th 1890

In the Matter of the Will of }

Mary E. Wheaton-deceased } Be it remembered that heretofore, to wit

on the 27" day of May. A.D. 1890 an

instrument of writing, purporting to be the last Will and Testament

of Mary E. Wheaton, late of Berkshire Township, in this Coun-

ty, 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

Harvey L. Wheaton- Clinton S. Wheaton- Sarah F. Condit-

Charles M. Wheaton- Otis A. Wheaton- and Lulu Clawson

next of kin of the Testatrix, resident of the State of Ohio, pursu:

ant to a former order of this Court, thereupon, on this day came

A.G. Wilcox and Jas. E. Pierson the subscribing witnesses to said

Will, who being duly sworn, 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 said Mary E. Wheaton- deceased. That

the same was duly executed and attested; and that the said Testatrix

at the time of making, signing and sealing said Will, was of full

age. of sound mind and memory, and not under any restraint. 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, as well as the proceedings had therein be entered of record

in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (54)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (54)

Description

[page 54]

[corresponds to page 25 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary E. Wheaton's Will 25

Copy of Will

State of Ohio, Delaware County

In the name of the Benevolent Father of All, I Mary E.

Wheaton, being of sound mind and memory, and in view of the uncertain:

ty of this life do hereby make and publish this my last will and

testament, in manner following.

Item 1st

I desire and request that my just debts and funeral expenses be

first paid from my state.

Item 2nd

I give and bequeath to the Woman's Foreign Missionary Society

of the Presbyterian Church a corporation created under and by virture

of the laws of the State of Pennsylvania and having its principal

place of business in the City of Philadelphia the sum of One

Hundred Dollars.

Item 3rd

I give and bequeath to the board of home missions of the Presby:

terian Church in the United States of America incorporated by

the Legislature of the State of New York, the sum of One Hun:

dred dollars, in trust to be appropriated and applied for the use and

benefit of the Womans Executive Committee of Home Missions

of the Presbyterian Church.

Item 4th

I give and bequeath to my two sons Charles M. Wheaton, Otis

A. Wheaton each One Hundred Dollars

Item 5th

I give and bequeath to each and every one of my grandchildren

who shall be living at my demise the sum of One Hundred

Dollars.

Item 6th

And it is my will and request that after the above requirements

and items of this my will have complied with and paid that the

balance of my estate whether personal or real shall be equally

divided between my six children, namely Harvey L. Wheaton-

Clinton S. Wheaton- Eva D. Ganshaw Sarah F. Condit, Charles

M. Wheaton and Otis A. Wheaton.

Witness my hand and seal this 31st day of August in

the year of our Lord one thousand eight hundred and eight five.

Mary E. Wheaton {Seal}

signed sealed and published by Mary E. Wheaton as her last Will

and Testament in our presence, and by us in her presence and in

presence of each other. This 31st day of Aug. A.D. 1885.

A.G. Wilcox

Jas. E. Pierson


{This foloowing is a copy of the writing on }

{a slip of paper penned to the original Will}

{when filed in this Court. }

N.F. Overturf

Probate Judge


Article 5th I abrogate and in its place I give and bequeath

to my Grand daughter Lulie Clawson at my demise the

sum of one hundred dollars.
Delaware County Ohio Will Records Vol. 9 1890-1893 (55)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (55)

Description

[page 55]

[corresponds to page 26 of Delaware County Ohio Will Records Vol. 9 1890-93]

26 Benjamin H. Warner's Will

Journal entry

April 26th 1890.

In the Matter of the Will }

of Benjamin H. Warner- de: }

ceased. ~ } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

Benjamin H. Warner, late of Radnor Township, in this County-

deceaseed, was produced in open Court for Probate; On Consideration

Whereof, it is 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 Henry Warner- Lucinda Baker-

Edward Lydick and Daisy May Wilt 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 17th day of May. A.D. 1890, at 10 o'clock

A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will }

and Testament of Benjamin H. } Application to Admit to Probate.

Warner- deceased. }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Benjamin H. Warner, late a resident of the Township of Rad:

nor in said county, died on or about the 14 day of February. A.D.

1890. leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Benjamin H. Warner

died leaving no widow, and the following named persons his only next

of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

Henry Warner Brother Plain City O.

Lucinda Baker Sister Radnor O.

Edward Lydick Nephew

Daisy May Wilt Niece Defiance O.

Your petitioner prays that a time may be fixed for the proving of said Will

and that said above persons may be notified according to law

of the pending of said proceedings.

Jns A. Cone

The foregoing application was signed in my presence and sworn to be:

fore me, this 26th day of April. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (56)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (56)

Description

[page 56]

[corresponds to page 27 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner Estate 27

Notice

The State of Ohio } In Probate Court.

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased.

To the Sheriff of Defiance County, Ohio,

You are hereby commanded to notify Daisy May Wilt that on the

26th day of April. A.D. 1890. an instrument of writing, purporting

to be the last Will and Testament of Benjamin H. Warner, late of

Radnor Township, in said county, deceased, was produced in said

Court, and an application to admit the same to probate was on the

same day made in said Court. Said application will be for

hearing before this Court on the 17th day of May. A.D. 1890. at

10 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware Ohio, this 26th day of April- A.D. 1890.

N.F. Overturf

{Seal} Probate Judge,


Proof of Service Filed April 30 1890.

The State of Ohio }

Defiance County,ss } Received this Writ on the 27 day of April.

A.D. 1890, and I served the within notice

by delivering a true copy there, to the within named Daisy May

Wilt, also Mrs ~ Wilt her Mother whom said minor

Daisy May Wilt lives with

Orlando Ewing.

Sheriff of Defiance County. Ohio.

Notice

The State of Ohio } In Probate Court,

Delaware County,ss }

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased

To the sheriff of Union County. Ohio.

You are hereby commanded to notify Henry Warner that on the

26th day of April. A.D. 1890, an instrument of writing, purport:

ing to be the last Will and Testament of Benjamin H. Warner,

late of Radnor Township: in said County, deceased, was produced

in said Court, and an application to admit the same to probate

was on the same day made in said Court on the 17th day of May.

A.D. 1890. at 10 'clock A.M.

N.F. Overturf

{Seal} Probate Judge

Delaware County Ohio Will Records Vol. 9 1890-1893 (57)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (57)

Description

[page 57]

[corresponds to page 28 of Delaware County Ohio Will Records Vol. 9 1890-93]


28 Benjamin H. Warner's Will

Proof of Service Filed. May 6" 1890.

The State of Ohio }

Union County,ss } Received this Writ on the 28th day of April.

A.D. 1890, and served the within notice by de:

livering a true copy thereof to the within named Henry Warner

on the 1st day of May. 1890.

Thomas Martin

Sheriff. Union Co. Ohio.


Notice

The State of Ohio } In Probate Court.

Delaware County ss }

In the matter of the last Will and Testament

of Benjamin H. Warner deceased.

To Jns A. Cone:

You are hereby commanded to notify Lucinda Baker that on the

26th day of April. A.D. 1890. an instrument of writing, pur:

porting to be the last Will and Testament of Benjamin H. War:

mer. late of Radnor Township, in said county, deceased, was pro:

duced in said Court, and an application to admit the same to

probate was on the same day made in said Court. Said appli:

cation will be for hearing before this Court on the 17th day of May

A.D. 1890 at 10 o'clock A.M.

Witness my hand and seal of said Probate Court

at Delaware Ohio this 26th day of April. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed May 17" 1890

The State of Ohio }

Delaware County ss } Jns. A. Cone being duly sworn, says that on

the 30th day of April A.D. 1890, he served

the within notice by delivering a true copy to the within

named Lucinda Baker

Jns. A. Cone.

Subscribed in my presence and sworn to before me this 17th

day of May. A.D. 1890.

N.F. Overturf

Probate Judge


Journal Entry

May 17th 1890.

In the Matter of the Will of: }

Benjamin H. Warner, decd }

Edward Lydick, not having been served

with Notice, as was ordered by the Court, the hearing of the

Will of Benjamin H. Warner deceased, is continued until

Delaware County Ohio Will Records Vol. 9 1890-1893 (58)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (58)

Description

[page 58]

[corresponds to page 29 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 29

the 11th day of June A.D. 1890. at 10 o'clock A.M., and Notice

issued to said Edward Lydick, accordingly

N.F. Overturf

Probate Judge


Notice

The State of Ohio } In Probate Court.

Delaware County, ss}

In the Matter of the last Will and Testament

of Benjamin H. Warner, deceased.

To William J. Davis- Sheriff of Del:

aware County Ohio:

You are hereby commanded to notify Edward

Lydick that on the 16th day of April A.D. 1890, an instrument

of writing purporting to be the last Will and Testament of Benja:

min H. Warner, late of Radnor Township, in said County,

deceased, was produced in said Court, and an application to admit

the same to probate was on the same day made in said Court,

Said application will be for hearing before this Court on the 11th

day of June. A.D. 1890. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 17th day of May. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed June 3rd 1890

The State of Ohio }

Delaware County.ss } Received this Writ on the 17" day of May A.D.

1890. and on the 3rd day of June. I served

this summons on the within named defendant Edward Lydick

by delivering to him a true copy of this summons with all the en:

dorsements therein.

William J. Davis- Sheriff



Probate of Will Filed June 11th 1890.

The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court W.H.

Dildine and Ella Dildine the subscribing witnesses to the

last Will and Testament of Benjamin H. Warner, late of

Radnor Township in said Delaware 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 ex:

ecution of said Will, depose and say: That the paper before

them bearing date the 9" day of December A.D. 1889 pur:

Delaware County Ohio Will Records Vol. 9 1890-1893 (59)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (59)

Description

[page 59]

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will

porting to be the last Will and Testament of Benjamin H. Warner

now deceased, is the Will of said deceased Benjamin H. War:

ner 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

Benjamin H. Warner deceased sign and seal said Will and

heard him acknowledge the same to be his last Will and Testa:

ment, and that the said Benjamin H. Warner at the time of

making, signing and sealing said Will, was of full age of sound

mind and memory and not under any restraint.

W. H. Dildine

Ella Dildine

Sworn to and subscribed by said witnesses in open Court, this

11" day of June. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Journal Entry.

June 11th 1890.

In the Matter of the Will of }

Benjamin H. Warner - deceased }

Be it remembered that heretofore

to wit on the 26th day of April A.D. 1890 an instrument of

writing, purporting to be the last Will and Testament of Ben:

jamin H. Warner, late of Radnor 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 Henry Warner, Lucinda Baker- Edward Lydick and

Daisy May Wilt next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this court

thereupon, on this day came W. H. Dildine and Ella

Dildine 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 sub:

scirbed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and Tes:

tament of said Benjamin H. Warner, deceased. That the same

was duly executed and attested; and that the said Testator, at

the time of making, signing and sealing said Will, was of full age

of sound mind and memory, and not under any restraint.

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, as well as the proceedings had

thereon, be entered of record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (60)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (60)

Description

[corresponds to page 30 of Delaware County Ohio Will Records Vol. 9 1890-93]


Benjamin H. Warner's Will 31

Copy of Will

In the Name of the Benevolent Father of All, Amen:

I, Benjamin H. Warner, of Radnor Township,

Delaware County Ohio, being of sound mind and memory, do

make and publish the following as my last Will and

Testament.

Item 1st

I direct that all my just debts and funeral expenses be

paid out of my estate.

Item 2nd

I give and bequeath to my sister Lucinda Baker all the

wearing apparel that I may have besides what may be

needed for my burial.

Item 3rd

I hereby will and direct that my Executor hereinafter

named, shall carry out to the letter a certain contract which

I heretofore entered into with Pell Feed for the sale and con:

vey and to said Pell Feed of the House and Lot situated in the

Village of Radnor, Delaware County, Ohio, as is specified

in a written memorandum of said contract which is in the

possession of Jns. A. Cone in the same manner as I agreed

to do for myself in said contract; and I desire my said Ex:

ecutor to carry out said agreement without being put to the

trouble and expense of getting any order or authority from any

Court.

And as

Item 4th

of this Will, I hereby authorize and direct my said herein:

after named Executor to convert into money my accounts and

chores in action, including an interest which I have in

the Horse Importing Company and in certain Horses and

Book Accounts belonging to said Horse Company, and

after paying my just debts and funeral expenses as directed

in the 1st Item of this Will, costs and expenses of adminis:

tration etc, and liberal and just compensation to Mr. W. H.

Dildine and his wife Mrs. Dildine for their kind, gererous

and disinterested care of me in my sickness. I desire my

said Executor to expend whatever remainder there may be

of my estate in having erected a suitable monument and

markers for my own grave and for the graves of my deceased

Father, mother and sister who are buried in the Ceme:

tery at Radnor, Ohio, with suitable and appropriate inscrip-

tions thereon.

Item 5"

I hereby appoint and constitute my friend John A.

Cone, Executor of this my last Will and Testament

and desire that he may be authorized by the Probate

Court to dispose of my interest in the Horses named

in a previous item of this Will at private sale on just

and fair terms, and also to adjust and compromise any

claims which I may hold against any other person,

or that any other person may have against me: and

I especially direct my said Executor to carry out

Delaware County Ohio Will Records Vol. 9 1890-1893 (61)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (61)

Description

[page 61]

[corresponds to page 32 of Delaware County Ohio Will Records Vol. 9 1890-93]


32 Benjamin H. Warner's Will

the contract above referred to between myself and Pell Feed.

In testimony whereof I hereto subscribe my name and

affix my seal, this 9th day of December, in the year of our

Lord, One Thousand Eight Hundred and Eighty Nine.
his
Benjamin H. Warner. Seal.
mark

Signed by the said Benjamin H. Warner in our presence,

and by him declared to be his last Will and Testament in

our hearing, and signed by us as witnesses at his request and

in his presence and in the presence of each other, on said 9th

day of December. A.D. 1889.

W. H. Dildine

Ella Dildine
Delaware County Ohio Will Records Vol. 9 1890-1893 (62)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (62)

Description


[corresponds to page 33 of Delaware County Ohio Will Records Vol. 9 1890-93]

Oliver Webster's Will

Journal Entry

July 11th 1890,

In the Matter of the Will of:}

Oliver Webster, deceased. }

This day, an instrument of writing,

purporting to be the last Will and Testament of Oliver Webster-

late of Berkshire Township, in this County, deceased, was pro=

duced in open Court for Probate: On consideration whereof it

is ordered that the said Will be filed in this Court. And

thereupon came Nancy Webster- widow- Orlena Ramage only

heir of Testator, and Nora Ramage and Retta Ramage

Legatees- and in writing waived Notice and consented to the probate

of said Will. And thereupon came Emery Young and C.W.

Webster 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 sub-

scribed, and filed with said Will, whereupon the Court finds

that the aforesaid instrument of writing is the last Will and

Testament of said Oliver Webster, deceased. That the same was

duly executed and attested; and that the said Testator, at the

time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered that the said Will be ad=

mitted to probate, and that the same together with the testi-

mony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Citation ordered and issued to Nancy Webster, widow of said

decedent to elect as to said Will as required by law.

N. F Overturf

Probate Judge.


Application for Probate of Will Filed July 11/90


The State of Ohio } In Probate Court

Delaware County,ss}


In the Matter of the Last}

Will and Testament of } Application to Admit to Probate-

Oliver Webster, deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Oliver Webstger late a resident of the Township of Berk:

shire in said County, died on or about the 2 day of July. A.D.

1890. leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Oliver

Webster died leaving Nancy Webster widow and the following

named person his only next of kin resident of the State of

Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (63)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (63)

Description

[page 63]

[corresponds to page 34 of Delaware County Ohio Will Records Vol. 9 1890-93]


34 Oliver Webster Will

Name Degree of Kinship P.O. Address-

Orlena Ramage- Daughter Delaware O.


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be not=

ified according to law of the pending of said proceedings.

Orlena Ramage.

The foregoing application was signed in my presence and sworn

to before me, this 9" day of July A.D. 1890.

N.F. Overturf

Probate Judge.


"Waiver" Filed July 11/90

We, the undersigned, widow & next of kin & legatees of the within

named decedent, hereby waive further notice, and consent to the

probate of said Will.

Dated this 9th day of July. A.D. 1890.

Nancy Webster Cora Ramage

Orlena Ramage. Retta Ramage


Probate of Will

The State of Ohio } In Probate Court.

Delaware County,ss }

Personally appeared in open Court Emery

Young and C.W. Webster the subscribing witnesses to the last will

and Testament of Oliver Webster, late of Berkshire Township in

said Delaware 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 execution of said Will, depose and say

That the paper before them bearing date the 7" day of April- A.

D. 1890- purporting to be the last Will and Testament of Oliver Webster

now deceased, is the Will of said deceased Oliver Webster, 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 wit-

nesses, in his presence; that they saw the said Oliver Webster

deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Oliver Webster at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not un:

der any restraint.

Emery Young

C.W. Webster.

Sworn to and subscribed by said witnesses, in open Court, this

11th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (64)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (64)

Description

[page 64]

[corresponds to page 35 of Delaware County Ohio Will Records Vol. 9 1890-93]


Oliver Webnster's Will 35


"Copy of Will

In the name of the Benevolent Father of All, I, Oliver Webster

of Berkshire Township, Delaware County. Ohio being of sound mind

and lawful age do make and publish this my last Will and

Testament.

Item 1st

I desire that my Executor hereinafter named shall pay all my

debts and funeral expenses.

Item 2nd

I will all my property real and personal to my beloved wife Nancy

Webster, said property both real and personal to be controled by

my Executor hereinafter named and invested by him and the pro:

ceeds of said investment to be used for her support as long as

she may live and the surplus if any to be re-invested by by

said Executor. And after, the demise of my beloved wife and

her funeral expences are paid I desire that my property be divid-

ed as follows: One half to my beloved daughter Orlena Ram:

age, One Fourth to my beloved Grand-daughter Cora B. Ram:

age, One Fourth to my beloved Grand-daughter Retta Ram:

age.

Item 3rd

I desire that there be no appraisement of my personal or real

property and I desire that the Probate Court so order, and that

there be no sale of either unless thought best by my Executor.

Item 4th

I desire that my Executor shall erect a suitable monument

to make my resting place and that my beloved daughter Orle:

na Ramage shall be consulted in this matter.

Item 5th

If at any time my beloved daughter, Orlena Ramage desire

to occupy the homestead on which I now live I empower my

Executor to allow her the use of the same without rental.

Item 6th

I request my Executor to keep my real property in a good

state of repair.

Item 7th

I hereby nominate and appoint C.W. Webster my Executor

of this my last Will and empower him to compromise, adjust, re:

lease and discharge in such manner as he may deem proper,

the debts and claims due me. I do hereby revoke all former

Wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 7th day of April A.D. 1890.

O. Webster [Seal]


Signed and sealed and acknowledged

by said Oliver Webster as his

last Will and Testament in our pres:

ence and signed by us in his presence.

Emery Young.

C.W. Webster.
Delaware County Ohio Will Records Vol. 9 1890-1893 (65)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (65)

Description

[page 65]

[corresponds to page 36 of Delaware County Ohio Will Records Vol. 9 1890-93]


36 Stephen Charles Will

Journal Entry

July. 21st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-deceased} This day, an instrument of writing, pur:

porting to be the Nuncupative Will of

Stephen Charles, late of Thompson Township, in this County, deceased,

was produced in open Court for Probate, On consideration Whereof, it

is 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 Jesse Charles- Iva E. Charles. Sherman Charles. and

Nelson Charles, next of kin of the Testator, resident of the State of

Ohio, that said application will be for hearing before this Court

on the 26th day of July. A.D. 1890. at 9 o'clock A.M., (Mary A.

Charles, widow, having in writing, waived notice and consent to the

probate of said Will.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County,ss }


In the Matter of the last Will }

and Testament of Stephen Char: } Application to Admit to Probate.

les-deceased. ~ }

To the Hon. N.F. Overturf. Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

Stephen Charles, late of resident of the Township of Thompson in said

County, died on or about the 14 day of July A.D. 1890. leaving a state:

ment in the presence of witnesses which has been reduced to writing, hereto

attached, purporting to be his last Will and Testament. That the said

Stephen Charles died leaving Mary A. Charles widow and the following

named persons his only next of kin resident of the State of Ohio


Name Age of Degree of Kinship P.O. Address
Minor

Jesse Charles 16 Son Radnor O

Iva O. charles 12 Daughter " "

Sherman Charles 7 Son " "

Nelson Charles 3 " " "

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings.

Mary A. Charles.

The foregoing application was signed in my presence and sworn to be-

fore me, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (66)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (66)

Description

[page 66]

[corresponds to page 37 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 37

"Waiver"

I, the undersinged Mary A. Charles, widow, of the within named de:

cedent, hereby waive further notice and consent to the probate of said

Will.

Dated this 21st day of July. A.D. 1890.

Mary A. Charles.


Notice

The State of Ohio } In Probate Court.

Delaware County,ss.}

In the Matter of the last Will and Testament

of Stephen Charles deceased.

To Mary A. Charles:

You are hereby commanded to notify Jes-

se Charles- Iva E. Charles- Sherman Charles and Nelson Charles-

that on the 24th day of July. A.D. 1890, an instrument of writing, pur:

porting to be the last Will and Testament of Stephen Charles, late

of Thompson Township, in said County- deceased, was produced in said

Court, and an application to admit the same to probate was on the

same day made in said court. Said application will be for hear:

ing before this Court on the 26th day of July. A.D. 1890. at 9 o'clock

A.M.,

Witness my hand and the seal of said Probate Court, at

Delaware Ohio, this 21st day of July. A.D. 1890.

{Seal} N.F. Overturf

Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Mary A. Charles being duly sworn, says

that on the 21st day of July. A.D. 1890, she served

the within notice by delivering a true copy thereof to the within named

Jesse Charles- Iva E. Charles- Sherman Charles and Nelson Charles.

Mary A. Charles

Subscribed in my presence and sworn to before me this 26th day of July.

A.D. 1890.

N.F. Overturf

Probate Judge


Testimony of witness - to Verbal Will

The State of Ohio }

Delaware County,ss } In the Matter of the Probate of the Last

Will and Testament of Stephen Char:

les. Deceased.

Be it Remembered, That on this 21st day of July. A.D.

1890, there personally appeared before me, the undersigned, Judge

of the said Probate Court of Delaware County. Ohio. Jacob F.
Delaware County Ohio Will Records Vol. 9 1890-1893 (67)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (67)

Description

[page 67]

[corresponds to page 38 of Delaware County Ohio Will Records Vol. 9 1890-93]


38 Stephen Charles Will

Smith and William J. Cone the subscribing witnesses to the paper

now here presented to them, purporting to be the verbal last Will and

Testament of Stephen Charles late a resident of said County, who

being of lawful age and first duly sworn, depose and say that they were

both present at the time the testamentary words set forth in said pa:

per were spoken by the said stephen Charles; that the same were

so spoken on the 14th day of July. A.D. 1890- as set forth in said

paper; that the said words were so spoken during the last sickness

of the said Stephen Charles that they said Stephen Charles then and
there called upon the said Ja:

cob F. Smith and William J. Cone who were then and there present

as aforesaid, to bear testimony to said disposition of his property as his

will, and that the said Testator Stephen Charles was at the time

said testamentary words were so spoken as aforesaid, of sound mind and

memory and not under any restraint; they further depose and say

that afterwards, to-wit: on said 14' day of July. A.D. 1890. said

Stephen Charles died and that they, the said Jacob F. Smith

and William J. Cone are disinterested witnesses.

Jacob F. Smith

William J. Cone.

Sworn to before me and subscribed in my presence this 21st

day of July A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



"Copy of Will"

Verbil Will of Stephen Charles, Deceased late of Thompson

Township Delaware County Ohio, in the last hours of his life

He Will unto his wife Mary Charles after all his just and

honorable debts are paid, the remainder of all his Estate both

Real and Personal as long as she may live unless she may

want to help her children, then after her death to be divided

among his children.

Witnesses this 14" day of July. in the year of our Lord

1890.

Jacob F. Smith

William J. Cone.


Journal Entry

July 26st 1890.

In the Matter of the Nuncupative}

Will of Stephen Charles-ceceased}

Be it remembered, that heretofore

to wit: on the 21st day of July. A.D. 1890. an instrument of

writing purporting to be the Nuncupative Will of Stephen

Charles, late of Thompson Townshipin 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (68)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (68)

Description

[page 68]

[corresponds to page 39 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Charles Will 39

same to probate and record in this Court, has been given to Jesse Char:

les- Iva E. Charles- Sherman Charles and Nelson Charles

next of kin of the Testator, resident of the State of Ohio pursu:

ant to a former order of this Court (Mary A. Charles, widow

having waived Notice). and Jacob F. Smith and William

J. Cone the subscribing witnesses to said Will, having appeared

in open Court, were duly sworn, and 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

Nuncupative Will of said Stephen Charles- deceased, and

that said Will was reduced to writing, within ten days from the

death of said Testator. That the same was duly executed and

attested; and that the said Testator, at the time of making said

Will, was in his last sickness, and of full age, of sound mind and

memory, and not under any restraint. 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,

as well as the proceedings had thereon, be entered of record in this

Court.

Citation ordered and issued to Mary A. Charles, widow of said

decedent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (69)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (69)

Description

[page 69]

[corresponds to page 40 of Delaware County Ohio Will Records Vol. 9 1890-93]


40 Albert J. Caulkin's Will

Journal Entry

July 19th 1890

In the Matter of the Will of }

Albert J. Caulkins-deceased. } This day an instrument of writing: purporting

to be the last Will and Testament of Albert

J. Caulkins, late of Berlin Township, in this County, deceased, was

produced in open Court for Probate. On consideration whereof, it is 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

to Jane M. Caulkins- Plimy Caulkins- Edna B. Caulkins- and

Etna D. Caulkins next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing before this Court on

the 26th day of July. A.D. 1890. at 2 o'clock P.M. (Martha Caulk:

ins- widow- having in writing waived Notice and consented to the pro:

bate of said Will.)

N.F. Overturf

Probate Judge:


Application for Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will}

and Testament of Albert J. } Application to Admit to Probate

Caulkins- deceased ~ }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Albert J. Caulkins, late a resident of the Township of Berlin, in

said county, died on or about the 14th day of July. A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament; That the said Albert J. Caulk:

ins died leaving Martha Caulkins his widow and the following

named persons his only next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address
Minor
George L. Caulkins Son Hampton Nebraska

William O. Caulkins " " "

Ella Hansen Daughter " "

Dora A. Butterfield " Los Ang. California

Jane M. Caulkins " Constantia Ohio

Plimy Caulkins 19 Son " "

Chloe E. Caulkins 16 Daughter Los Angeles California

Edna B. Caulkins 11 " Constantia Ohio

Etna D. Caulkins 11 " " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified
Delaware County Ohio Will Records Vol. 9 1890-1893 (70)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (70)

Description

[page 70]

[corresponds to page 41 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 41

according to law of the pending of said proceedings

Martha Caulkins.

The foregoing application was signed in my presence and sworn

to before me, this 19th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Waiver

I, the undersigned widow of the within named decedent, hereby

waive further notice: and consent to the probate of said Will.

Dated this 19th day of July. A.D. 1890.

Martha Caulkins

Notice

The State of Ohio } In Probate Court

Delaware County.ss,}

In the Matter of the last Will and Testa:

ment of albert J. Caulkins, deceased

To Martha J. Caulkins:

You are hereby commanded to notify

Jane M. Caulkins- Plimy Caulkins; Edna B. Caulkins;

and Etna D. Caulkins that on the 19th day of July A.D. 1890.

an instrument of writing, purporting to be the last Will and Tes:

tament of Albert J. Caulkins, late of Berlin Township, in said

County deceased, was produced in said Court, and an application to

admit the same to probate was on the same day made in said

Court. Said application will be for hearing before this Court

on the 26th day of Juyly. A.D. 1890, at 2 o'clock P.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio- this 19th day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


Proof of Service

The State of Ohio }

Delaware County,ss } Martha J. Caulkins- being duly sworn,

says that on the 19th day of July. A.D.

1890, she served the within notice and delivering a true copy thereof

to the within named Jane M Caulkins- Plimy Caulkins:

Edna B. Caulkins and Etna D. Caulkins.

Martha Caulkins.

Subscribed in my presence and sworn to before me this 26th day

of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (71)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (71)

Description

[page 71]

[corresponds to page 42 of Delaware County Ohio Will Records Vol. 9 1890-93]


42 Albert J. Caulkins Will

Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss }

Personally appeared in open Court Jinks Bock:

oven and Thomas R. Smith the subscribing witnesses to the last Will

and Testament of Albert J. Caulkins, late of Berlin Township, in

said Delaware 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 execution of said Will, depose and say: That the paper before

them bearing date the 24th day of December. A.D. 1889, purporting

to be the last Will and Testament of Albert Caulkins now deceased

is the Will of said deceased, Albert Caulkins, that they were

present at the execution of said Will, and at the request of the Tes:

tator, respectively subscribed their names to the same as witnesses,

in his presence; that they saw the said Albert J. Caulkins de:

ceased sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said Albert Caulk:

ins at the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

Jinks Bockover

Thomas R. Smith

Sworn to and subscribed by said witnesses, in open Court, this

26th day of July. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Reading

July 26th 1890.

In the Matter of the Will of Albert}

J. Caulkins. deceased ~ } Be it remembered, that heretofore

to wit: on the 19th day of July. A.

D. 1890, an instrument of writing, purporting to be the last Will and

Testament of Albert J. Caulkins, late of Berlin 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 appli:

cation to admit the same to probate and record in this Court,

has been given to Jane M. Caulkins- Pliny Caulkins_

Edna B. Caulkins and Etna D. Caulkins next of kin of the

Testator, resident of the State of Ohio, pursuant to a former

order of this Court, (Martha Caulkins, widow having waived

Notice): thereupon, on this day came Jinks Bockoven and

Thomas R. Smith 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 re:

spectively subscribed, and filed with said Will, whereupon the

Court finds that the aforesaid instrument of writing is the last

Will and Testament of said Albert J. Caulkins, deceased.
Delaware County Ohio Will Records Vol. 9 1890-1893 (72)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (72)

Description

[page 72]

[corresponds to page 43 of Delaware County Ohio Will Records Vol. 9 1890-93]


Albert J. Caulkins Will 43

That the same was duly executed and attested; and that the said

Testator, at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any restraint.

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, as well as the proceeding had thereon,

be entered of record in this Court.

N.F. Overturf.

Probate Judge.

"Copy of Will"

Know all men by these Presents That I Albert J. Caulkins of

Berlin Township Delaware County, Ohio, being of sound and disposing

mind & memory, do make publish & declare this to be my last

Will & Testament & I do hereby revoke all wills heretofore made

by me.

I.

All my just debts are to be paid as soon as practicable after

my decease.

II.

I give & bequeath to my wife Martha the use, income & profits

of all my property both real & personal during her natural life,

should she remain a widow. Should she marry again or should

she not need the use & profits of the property as above set forth,

then & in that event so much of the property as may be left &

aside from her dower interest I give & bequeath to my children share

& share alike

III

Should the real estate remain undivided until the death of my

wife Martha, then I give and bequeath all my property both real &

personal to my children share & share alike.

In testimony hereof I hereto set my hand & seal this

24th day of December. A.D. 1890.
his.
Albert J. X Caulkins-
mark


Signed by Albert J. Caulkins in our presence & by us signed in

his presence & at his request as witnesses hereto - Dec. 24th 1889.

Jinks Bockoven

Thomas R. Smith-
Delaware County Ohio Will Records Vol. 9 1890-1893 (73)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (73)

Description

[page 73]

[corresponds to page 44 of Delaware County Ohio Will Records Vol. 9 1890-93]




Rowland Rees Will

Journal Entry

July 28, 1890 }
}
In the Matter of the Will of }
} This day an instrument of writing, pur:
Rowland Rees. deceased }
porting to be the last Will and Testament

of Rowland Rees, late of Radnor Township, in this County, deceased

was produced in open Court of Probate; in consideration where of, it

is ordered that the said Will be filed in this Court. And it appear:

ing to the Court that there are no next of kin of said Testator, resi:

dent of the State of Ohio, thereupon came Jno A. Cone one of the

subscribing witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will, which testmony was

reduced to writing, by him subscribed, and filed with said Will.

And it appearing that Thomas Edwards, the other subscribing

witness to said Will, is now deceased, thereupon came David W.

Jones into open Court, and was duly sworn, and examined accord:

ing to law touching the geniuneness of the signature of said Thomas

Edwards, attached to said Will, and his testimony reduced to writ:

ing and filed. Whereupon the court finds that the aforesaid in:

strument of writing is the last Will and Testament of said Rowland

Reese, deceased. That the same was duly executed and attested,

and that the said Testator, at the time of making, signing, and seal:

ing said Will, was of full age, of sound mind and memory, and not

under any restraint. It is therefore, by the Court ordered that

with the testimony of the witnessses above names, as well as the

proceedings had thereon, be entered of record in this Court.

N. F. Overturf.

Probate Judge.

Application for Probate of Will

The State of Ohio }
} In Probate Court
Delaware County.ss.}

In the Matter of the last Will }
}
and Testament of Rees Row: }
} Application to Admit to Probate.
land, deceased. }

To the Hon. N. F. Overturf. Judge

of the Probate Court and for said County:

Your petitioner respectfully represents that

Rowland Reese, late a resident of the Township of Radnor in said

County died on or about the 29th day of June. A.D.1890, leav:

ing an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Rowland Reese

died leaving no widow nor next of kin resident of the State of Ohio.

Your petitioner prays that a time may be fixed for the proving of

said Will.

Robert Rowlands.
Delaware County Ohio Will Records Vol. 9 1890-1893 (74)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (74)

Description

[page 74]

[corresponds to page 45 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

The foregoing application was signed in my presence and sworn

to before me, this 28th day of July A.D.1890

N. F. Overturf
{seal}
Probate Judge

Probate of Will

The State of Ohio }
} In Probate Court
Delaware County.ss. }

Personally appeared in open Court John A.

Cone one of the subscribing witnesses to the last Will and Testament of

Rowland Rees, late of Radnor Township, in said Delaware Coun:

ty, 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, deposes and says: That the paper before

him bearing date the 3rd day of December A.D.1885, purporting to

be the last Will and Testament of Rowland Rees now deceased, is

the last Will of said deceased, Rowland Rees, that he was present at

the execution of said Will, and at the request of the Testator, sub:

scribed his name to the same as a witness in his presence; that

he saw the said Rowland Rees deceased sign and seal said Will,

and heard him acknowledge the same to be his last will and testa:

ment, and that the said Rowland Rees at the time of making, sing;

ing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. Affiant further

states that the other subscribing witness Thomas Edwards, who

signed said Will at the same time with affiant is now deceased.

Jno. A. Cone.

Sworn to and subscribed by said wintess in open Court, this 28th

say of July A.D.1890.

N. F. Overturf

Probate Judge


Proof of. Signature of Witness to Will

The State of Ohio }
}
Delaware County.s.s } David W. Jones being duly sworn, says

that he was well acquainted with Thomas

Edwards who is now deceased, that he was well acquainted with

the hand writing of the said Thomas Edwards, having often seen

him write, that the signature Thomas Edwards as subscribing

witness to the last Will and Testament of Rowland Rees, deceased,

is in the own proper hand writing and signature of the said Thomas

Edwards who at the date of said Will was in full life, and resided

in Radnor Village & Township in said County.

David W. Jones.

Sworn to before me and subscribed in my presence, this 28th day of July.

A.D.1890.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (75)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (75)

Description

[page 75]

[corresponds to page 46 of Delaware County Ohio Will Records Vol. 9 1890-93]


Rowland Rees' Will

"Copy of Will"

In the name of the Benevolent Father of All Amen. I, Rowland

Rees of Radnor Township, Delaware County, Ohio, being of sound and di

sposing mind, do make and publish the following as my last Will

and Testament:

Item 1st I will and direct that the expenses of my last sickness and my

funeral expenses be paid out of my estate, and that there be erect:

ed at my grave a suitable Grave stone properly inscribed for myself and

deceased wife.

Item 2. I give and devise and bequeath to my friend Robert Rowland all the

remainder and residue of my Estate, of whatever character or kind

whether personal or real, after paying the expenses specified in the

first Item of this Will, and the expenses of Administration, being

concsious of the fact that there cannot be more than a mere trifle of

my said estate left after paying said expenses, and also realizing the

fact that there will probably not be sufficient of my estate to pay said

expenses and give my remains proper burial, but I make the fore:

going provision, in this my Will, for the reason that the said Robert

Rowland has assured me that he will privide for said expenses out

of his own means in case my said estate is insufficient to meet

the same.

Item 5" I hereby nominate the said Robert Rowland as Executor of this

my last Will and Testament, and request the Court in which

the same may be probated, to require no Bond of said Execitor, and

to dispense with the formality of an Appraisement and sale of my

effect or estate.

I hereby reboke all former wills or parts of Wills heretofore

made by me.

In testimony whereof, I hereto affix my signature and

seal this third day of December. A.D.1885.

Rowland Rees. {seal}

Signed by the said Rowland Rees in our presence, and by him

declared to be his last Will and Testament in or hearing, and

signed by us as witnesses, at this request and in his presence, and

in the presence of each other on said December 3rd 1885-

Thomas Edwards.

Jno. A. Cone.
Delaware County Ohio Will Records Vol. 9 1890-1893 (76)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (76)

Description

[page 76]

[corresponds to page 47 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen's Will

Application for Probate of Will.

The State of Ohio } In Probate Court.

Delaware County,SS.}


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Harvey Allen- deceased }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County

Your petitioner respectfully represents

that Harvey Allen late a resident of the Township of Tren:

ton in said county, died on or about the 29th day of July. A.D.

1890, leaving an instrument in writing, hereto attached, purporting

to be his last Will and Testament. That the said Harvey

Allen died leaving Lucy Allen- widow and the following

named person his only next of kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Clement Elmer Allen. Son- Sunbury Ohio


Your petitioner prays that a time may be fixed for the prov:

ing of said Will

Lucy Allen

The foregoing application was signed in my presence and sworn

to before me, this 18th day of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


We, the undersigned widow and only next of kin of the within

named decedent, hereby waive further notice and consent to the

probate of said Will.

Date this 18th day of August. A.D. 1890

Lucy Allen

Clement E. Allen.


Journal Entry

August 18th 1890.

In the Matter of the Will}

of Harvey Allen-deceased }

This day, an instrument of writing,

purporting to be the last Will and Testament of Harvey

Allen, late of Trenton Township, in this County, deceased,

was produced in open Court for Probate. On consideration

whereof, it is ordered that the said Will be filed in this

Court ~ And thereupon came Lucy Allen-widow~

and Clement E. Allen only next of kin of said Testator

and in writing waived Notice, and consented to the probate of

said Will. And thereupon came, John W. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (77)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (77)

Description

[page 77]

[corresponds to page 48 of Delaware County Ohio Will Records Vol. 9 1890-93]


48 Harvey Allen's Will

and Thos H. Vankirk the subscribing witnesses to said Will,

who being duly sworn, 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 insturment of writ:

ing is the last Will and Testament of said Harvey Allen-

deceased. That the same was duly executed and attested; and that

the said Testator, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint. 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, as

well as the proceedings had thereon, be entered of record in

this Court.

N.F. Overturf

Probate Judge



Probate of Will

The State of Ohio } In Probate Court

Delaware County,SS,}

Personally appeared in open Court John

W. Culver and Thos H. Vankirk, the subscribing witnesses

to the last Will and Testament of Harvey Allen, late of

Trenton Township, in said Delaware 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 execution of said

Will, depose and say: That the paper before them bearing date

the 16th day of April. A.D. 1890- purporting to be the last Will

and Testament of Harvey Allen now deceased, is the Will of

said deceased Harvey Allen, that they were present at the ex:

ecution of said Will, and at the request of the Testator, respect:

ively subscribed their names to the same as witnesses, in his

presence, that they saw the said Harvey Allen- deceased, sign

and seal said Will and Testament, and that the said Harvey Al:

len at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and memory, and not un:

der any restraint.

John W. Culver

Thos H. Vankirk


Sworn to and subscribed by said witnesses, in open Court,

this 18th day of August A.D. 1890.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (78)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (78)

Description

[page 78]

[corresponds to page 49 of Delaware County Ohio Will Records Vol. 9 1890-93]


Harvey Allen's Will 49

Copy of Will

State of Ohio- Delaware County-

In the name of the Benevolent Father of All, I Harvey

Allen, being of sound and disposing mind and memory and con-

dering the uncertainty of this mortal life, do make and de:

clare this my last will and testament in manner and form

following.

Item 1st

It is my will that my personal property (except the

Household goods) be sold to pay my debts and funeral ex:

penses, and in case this sale should be insufficient to pay

said debts, then any or all real estate that I may own

shall be sold for the purpose of completing the payment of said

debts except the farm on which I now reside consisting of

about one hundred and fifty acres.

Item 2nd

It is my will that my beloved wife Lucy Allen shall have

all of my real estate or all of that part of the farm upon which

I now reside lying on the west wide of big walnut creek sup:

posed to be about seventy five acres and to have all the appertenances

thereto belonging in her own right"'

Item 3rd

It is my will that my son Clement Elmer Allen shall

have the remaining portion of my real estate if being that por:

tion of the farm upon which I now reside that is situate of on

the east side of the said Big Walnut Creek together with

the appertenance thereto belonging.

Item 4"

It is my will if there be any surplus of money, or if it

shall not prove to be necessary to sell all the property left for

sale to pay said debts that all such surplus money or property

real or personal shall belong to my said son Clement Elmer

Allen.

Item 5th

It is my will that if my said wife Lucy Allen shall at her

demise own the property hereby bequeathed to her it shall revert or

belong to my said son Clement Elmer Allen.

Item 6th

I hereby constitute and appoint my beloved wife Lucy Allen and

my son Clement Elmer Allen as Executors of this my

last Will and Testament.

Witness my hand and seal this sixteenth day of April-

in the year of our Lord one thousand eight hundred and ninety

Harvey Allen {Seal}


Signed sealed and delivered and published by Harvey Allen

as his last Will and Testament in the presence of us the sub:

scribing witnesses who subscribed our names hereto in the

presence of said testator at his request and in the presence of

each other

John W. Culver

Thos H. Vankirk.
Delaware County Ohio Will Records Vol. 9 1890-1893 (79)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (79)

Description

[[page 79]

[corresponds to page 50 of Delaware County Ohio Will Records Vol. 9 1890-93]


50 Stephen Rosevelt's Will

Journal Entry

July - 21st 1890.

In the Matter of the Will }

of Stephen Rosevelt. deceased}

This day, an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt, late of Oxford Township, in this County -deceased,

was produced in open Court for Probate. On consideration where:

of, it is 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 George Rosevelt and Harriet

L. McEvers 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. 1890. at 1 o'clock

P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court

Delaware County,SS.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

Stephen Rosevelt - deceased}

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Stephen Rosevelt late a resident of the Township of Ox:

ford in said County, died on or about the 13th day of July A.

D. 1890~ leaving an instrument in writing, hereto attached, pur:

porting to be his last Will and Testament: That the said Ste:

phen Rosevelt died leaving no widow and the following named

persons his only next of kin resident of the State of Ohio


Name Degree of Kinship P.O. Address

George Rosevelt Son Ashley O

Harriet L. McEvers Daughter " "


Your petitioner prays that a time may be fixed for the prov:

ing of said Will, and that said above named persons may

be notified according to law of the pending of said proceedings

Imlack Fisk

Ashley O. Box 1908.


The foregoing application was signed in my presence and sworn

to before me, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (80)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (80)

Description

[page 80]

[corresponds to page 51 of Delaware County Ohio Will Records Vol. 9 1890-93]


Stephen Rosevelt's Will 51

Notice

The State of Ohio } In Probate Court.

Delaware County,SS.}

To Imlack M. Fisk:

You are hereby commanded

to notify George Rosevelt and Harriet L. McEvers that

on the 21st day of July. A.D. 1890. an instrument of writing,

purporting to be the last Will and Testament of Stephen

Rosevelt late of Oxford Township, in said County, deceased,

was produced in said Court, and an application to admit

the same to probate was on the same day made in said

Court. Said application will be for hearing before this

Court on the 1st day of August. A.D. 1890. at 1 o'clock

P.M.

Witness my hand and the seal of said Probate Court-

at Delaware, Ohio, this 21st day of July. A.D. 1890.

N.F. Overturf

{Seal} Probate


Proof of Service

The State of Ohio }

Delaware County.SS} Imlack M. Fisk being duly sworn

says that on the 21st day of July. A.D. 1890.

he served the within notice by delivering a true copy thereof to

the within named George Rosevelt and Harriet L.

McEvers.

I.M. Fisk.

Subscribed in my presence and sworn to before me this 1st

day of August. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

August 1st 1890.

In the Matter of the Will of: }

Stephen Rosevelt. deceased }

Be it remembered, that heretofore,

to wit: on the 21st day of July. A.D. 1890- an instrument

of writing, purporting to be the last Will and Testament of

Stephen Rosevelt, late of Oxford 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 George Rosevelt and Harriet L. McEvers-

next of kin of the Testator, resident of the State of Ohio,

pursuant to a former order of this court. And it appear-
Delaware County Ohio Will Records Vol. 9 1890-1893 (81)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (81)

Description

[page 81]

[corresponds to page 52 of Delaware County Ohio Will Records Vol. 9 1890-93]


52 Stephen Rosevelt's Will

ing to the Court that A.U. Coomer and J.M. Coomer

the subscribing witnesses to said Will, are residents of Bay

City- Michigan- and are without the jurisdiction of this court

it is therefore ordered that a commission, with the Will annexed

issue herein to Fremont Trumble, of Bay City- Michigan-

directing him to take the depositions of said subscribing witness:

es and return the same, duly certified, with all convenient

speed, to this Court.

N.F. Overturf

Probate Judge.


Commission

To Take Testimony of Witness to Will.


The State of Ohio }

Delaware County.SS.} To Fremont J. Trumble- Bay City

State of Mich:

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 A.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt hereto

annexed, late of the County of Delaware, in the State of Ohio- de:

ceased; and therefore we command you, that at certain days and places

appointed by you, you cause the said A.U. Coomer and J.M.

Coomer to be brought before you and then and there to examine them

on oath or affirmation first taken before you, touching the due ex:

ecution of said Will of the said Stephen Rosevelt and that you

reduce such examination to writing, and return the same, together

with this Commission and the Will of the said Stephen

Rosevelt thereto annexed, closed up under your seal, into our said

Probate Court, with all convenient speed.

In Testimony Whereof, I, N.F.

Overturf, Judge of the said Court, have hereunto set my hand

and affixed the seal of said Court, at Delaware O. this 1st day

of August. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge



Will

Be it known, that I Stephen Rosevelt of the County of Del:

aware and State of Ohio, do make and publish this my last

Will and Testament in manner and form as follows, viz:

1st

It is my will that my funeral expenses and all just debts

be paid.

2nd

I give and devise to my wife Mary Rosevelt all my real es:

tate in the Village of Ashley- also all moneys, claims and de:

mands due, and all my personal property, in Ashley and else:

where, all indebtedness, (as per 1st item above.) is to come out
Delaware County Ohio Will Records Vol. 9 1890-1893 (82)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (82)

Description

[page 82]

[corresponds to page 53 of Delaware County Ohio Will Records Vol. 9 1890-
93]


Stephen Rosevelt's Will 53

of lands hereinafter named in this Will.

3rd

I devise & bequeath to my son George Rosevelt all

lands owned by me in Oxford Township, it being upon the

north side of the County Road leading east from Ashley, the

same being my Charles farm.

4th

I devise & bequeath to my Daughter Harriet Marion, wife

of Theodore L. McEvers, fifty acres of land off the east side

of lands owned by me, Situated on the South side of County

road (named in 3rd Item) and in Peru Tp. Morrow Coun:

ty. Ohio.

5th

I devise & bequeath to the heirs of my daughter Elizabeth

wife of John F. Randolph, the East half of all Lands own:

ed by me on the north side of County Road above named in

Peru Township- Morrow County- Ohio.

6th

I devise & bequeath to my son John H. Rosevelt, the west

half of all lands owned by me on the north side of said county

road above named, in Peru Township, Morrow County, Ohio-

7th

I do hereby nominate and appoint, my wife Mary Rosevelt,

and Imlack Fisk- Executors of this my last Will and

Testament.

I do hereby revoke all former wills made by me.

In testimony hereof, I have hereunto set my hand and seal, this

6th day of September. A.D. 1873.

Stephen Rosevelt - {Seal}

Signed & acknowledged by said Stephen Rosevelt as his last Will

& Testament, in our presence; and signed by us in his presence.

A.U. Coomer

J.M. Coomer

Deposition of Witnesses to Will

The State of Mich.} In the Matter of the last Will and Testament of:

Bay County.SS. } Stephen Rosevelt.

Personally appeared before me Fremon J.

Trumble-Commissioner; A.U. Coomer and J.M. Coomer subscrib:

ing witnesses to the last Will and Testament of Stephen Rosevelt

late of Oxford Township in said Delaware County. deceased, who

being by me first 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 were present

at the execution of the paper before them bearing date the 6th day

of September. A.D. 1873. purporting to be the last Will and Tes:

tament of Stephen Rosevelt now deceased, whose name is signed

at the end thereof, and at the request of said deceased, we subscribed

our names to the same as witnesses in his presence; that they

saw the said Stephen Rosevelt sign and seal said Will,

heard him acknowledge the same to be his last Will and Testament,

and that the said Stephen Rosevelt at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (83)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (83)

Description

[page 83]

[corresponds to page 54 of Delaware County Ohio Will Records Vol. 9 1890-93]

54 Stephan Rosevelt's Will

not under any restraint.

A.U. Coomer

J.M. Coomer

The State of Mich}

Bay County. SS. } I, Fremont J. Trumble, duly appointed and

commissioned by the Judge of the Probate Court

of the County of Delaware and the State of Ohio, to take the tes:

timony of A.U. Coomer and J.M. Coomer subscribing wit:

nesses to the last Will and Testament of Stephen Rosevelt, deceased,

late a resident of said County and State, which Commission, and

the said Will are hereto annexed, do hereby certify that in pursu:

ance of said Commission I caused the above named A.U. Coomer:

and J.M. Coomer subscribing witnesses as aforesaid to appear be:

fore me, at 7 P.M., on the 20 day of August 1890, that they were first

duly sworn by me, according to law, to speak the truth, the whole

truth, and nothing but the truth; that I examined them in relation to

the execution of said Will, and reduced their testimony to writing as

above set forth in their presence and that they signed the same in

my presence, and I further certify that I am not Counsel. At:

torney or Relative of any of the parties named in said Will, or other:

wise interested in the Probate thereof.

In witness whereof I have hereunto set my

hand, this 20th day of August A.D. 1890.

Fremont J. Trumble

Commissioner.


Journal Entry.

August 26th 1890.

In the Matter of the Will of: }

Stephen Rosevelt, deceased } The Commission heretofore issued

in to take the testimony of A.U.Coom:

er and J.M. Coomer, the subscribing witnesses to the Will of said

Stephen Rosevelt, deceased, was this day returned, duly execu:

ted, and the same was filed herein. And it appearing to the

Court from the deposition of the said A.U. Coomer and J.M.

Coomer, the said subscribing witnesses to said Will, that the afore:

said instrument of writing is the last Will and Testament of said

Stephen Rosevelt- deceased. That the same was duly executed

and attested, and that the said Testator, at the time of making

signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. 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 a:

bove named, as well as the proceedings had thereon, be entered

of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (84)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (84)

Description

[page 84]

[corresponds to page 55 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 55

4771 Application for Probate of Will.

The State of Ohio } In Probate Court

Delaware County.SS.}


In the Matter of the last }

Will and Testament of: } Application to Admit to Probate

John Piper- deceased }

To the Hon. N.F. Overturf- Judge

of the Probate Court in and for said County:

Your petitioner respectfully represents

that John Piper late a resident of the Township of Marlbor:

ough in said County, died on or about the 23rd day of January.

A.D. 1886. leaving an instrument in writing, hereto attached,

purporting to be his last Will and Testament: That the said

following named persons his only next of kin resident of the

State of Ohio


Name Debree of Kinship P.O. Address

Levi Piper Son Ashley O.

Eli Piper " " "

Mary S. Page Daughter Wetsel O.

Frana A. Good " Ashley O.

John D. Piper Son Ashley O.

Sarah L.E. Piper Daughter Ashley O.

Isaac N. Piper Son Ashley O.


Your petitioner prays that a time may be fixed for the proving

of said Will.

Eli Piper.

The foregoing application was signed in my presence and sworn

to before me this 6th day of September. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.


Waivers.

We, the undersigned widow & heirs of the within named

decedent, hereby waive further notice and consent to the pro:

bate of said Will.

Dated this 6th day of September. A.D. 1890.

Eliza E. Piper Frany A. Good
his
Attest to Mark-Mame Parks. Levi X Piper John D. Piper
mark
Eli Piper Sarah L.E. Piper

Mary S. Page Isaac N. Piper
Delaware County Ohio Will Records Vol. 9 1890-1893 (85)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (85)

Description

[page 85]

[corresponds to page 56 of Delaware County Ohio Will Records Vol. 9 1890-93]

56 John Piper's Will.

Probate of Will.

The State of Ohio } In Probate Court

Delaware County,SS }

Personally appeared in open Court James

Cline and Elias Cole the subscribing witnesses to the last

Will and Testament of John Piper, late of Marlborough Town:

ship in said Delaware County, deceased; who being duly sworn

according to law, to speak the truth, the whole truth, and noth:

ing but the truth in relation to the execution of said Will;

depose and say: That the paper before them bearing date the

11th day of April- A.D. 1885- purporting to be the last Will

and Testament of John Piper now deceased, is the Will of

said deceased John Piper, that they were present at the ex:

ecution of said Will, and at the request of the Testator, respect:

ively subscribed their names to the same as witnesses, in his

presence; that they saw the said John Piper deceased sign and

seal said Will, and heard him acknowledge the same to be

his last Will and Testament, and that the said John Piper

at the time of making, signing and sealing said Will, was of

full age, of sound mind and memory, and not under any restraint

James Cline

Elias Cole.

Sworn to and subscribed by said witnesses, in open Court, this

6th day of September. A.D. 1890.

N.F. Overturf. Probate Judge.


Journal Entry

September 6th 1890.

In the Matter of the Will}

of John Piper, deceased. } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

John Piper, late of Marlborough Township, in this County, deceased,

was produced in open Court for Probate; on consideration whereof, it

is ordered that the said Will be filed in this Court~~ And thereup:

on came Eliza E. Piper, widow and Levi Piper- Eli Piper- Mary

S. Page- Frany A. Good- John D. Piper- Sarah L.E. Piper and

Isaac N. Piper next of kin of the Testator, resident of the State

of Ohio, and in writing waived Notice and consented to the probate of said

Will. And thereupon came James Cline and Elias Cole the sub:

scribing 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 is the last Will and Testament of said

John Piper, deceased. That the same was duly executed and

attested; and that the said Testator, at the time of making, sign:

ing and sealing said Will; was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the

Delaware County Ohio Will Records Vol. 9 1890-1893 (86)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (86)

Description

[page 86]

[corresponds to page 57 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Piper's Will 57

Court ordered that the said Will be admitted to probate, and that

the same, together with the testimony of the witnesses above named

as well as the proceedings had thereon, be entered of record in

this Court.

N.F. Overturf

Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I John Piper

of Marlborough Tp. Delaware County, Ohio do make and publish

this my last Will and Testament:

Item 1st

I give and devise that my son Levi Piper have 22 1/2 acres of

land of off the east end of the part of the farm south of the road

leading from Norton O. to Ashley. O

Item 2nd

I give and devise that my son Eli Piper have 22 1/2 acres of land

from the west end of the land on the South side of said road.

Item 3rd

I give and devise that my Daughter. Frana A. Good. have 22 1/2

acres of land from the west end of the land on the north side of said

road.

Item 4th

I give and devise that my daughter-Mary S. Page, have 22 1/2 acres

of land lying east and next to that of Frana A. Good and north

of said road.

Item 5.

I give and devise that my daughter Sarah L. E. Piper have 12

acres of land in the center of that part south of said road, and 10 1/2

acres north of said road and east and next to that devised to Mary

S. Page.

Item 6th

I give and devise that my son John D. Piper have 22 1/2 acres of

land, on north side of said road and next that devised to Sarah L.E.

Piper.

Item 7th

I give and devise that my son Isaac N. Piper have 17 acres of land

on the east side of that part on the north side of said road. and being

the part on which the houses and farm stands.

Item 8th

I desire that my sons Levi & Eli Piper have charge of the farm on

the terms as follows, during my natural life or the time my beloved

wife Eliza E. Piper may live my widow, I or my said wife are to

furnish all seed, and pay all the taxes, and my sons Levi and Eli Piper

are to do all the labor of cultivation and that necessary in keeping the

farm in repairs. The work to be done in a good and husband like man:

ner, and for such work, they the said Sons are to receive one half of

all they may raise, all small grain divided in the bushel, and corn

divided in shuck, they to haul my part of corn to the crib.

In testimony hereof I have hereunto set my hand and seal this

11h day of April- in the year 1885.
his
John X Piper. {Seal}
mark

Signed and acknowledged by said John Piper as his last Will and Tes:

tament in our presence and signed by us in his presence.

James Cline

Elias Cole
Delaware County Ohio Will Records Vol. 9 1890-1893 (87)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (87)

Description

[page 87]

[corresponds to page 58 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will


Journal Entry.

September.13th 1890 }
}
In the Matter of the Will }
}
of John Rowlands.deceased } This day an instrument of writing, purporting

to be the last Will and Testament of John

Rowlands, late of Radnor Township, in this County - deceased, was pro:

duced in open Court for Probate, on consideration where of, it is 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 Mary Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese - Ernest

Bry - Anna Bry and Ethel Bry (John E. Rowlands and

Thomas J. Rowlands having this day in writing, waived Notice and

consented to the probate of said will) next of kin of the Tes:

tator, redident of the State of Ohio that said application will be for

hearing before this Court on the 18th day of September.A.D. 1890.

at 9 o'clock A.M.

N. F. Overturf

Probate Judge.


Application for Probate of Will.

The State of Ohio }
}
Delaware County.ss.} In Probate Court


In the Matter of the last }
}
Will and Testament of: }
} Application to Admit to Probate.
John Rowlands. Deceased }

To the Hon. N. F. Overturg. Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents

that John Rowland, late a resident of the Township of Radnor.

in said County, died on or about the 5 day of September.A.D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said John Rowlands

died leaving no widow and the following named persons his only

next of kin resident of the State of Ohio

Name Age of Degree of Kinship P.O. Address.
Minors

John E. Rowland Son Delaware. O.

Mary Lindner Daughter Delaware. O.

Rachel Lindner Daughter Delaware. O.

George Rowlands Son Delaware. O.

Thomas J. Rowlands Son Delaware. O.

Elsworh A. Rowlands Son Delaware. O.

Matilda Rowlands Daughter Delaware. O.

Frank Reese Grand Son Delaware. O.

William A. Reese Grand Son Delaware. O.
Delaware County Ohio Will Records Vol. 9 1890-1893 (88)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (88)

Description

[page 88]

[corresponds to page 59 of Delaware County Ohio Will Records Vol. 9 1890-93]



Josephine Reese Grand daughter Delaware. O.

Emma Reese 17 Grand daughter Delaware. O.

Ernest Bry 9 Grand Son Ostrander Ohio

Anna Bry 7 Grand daughter Ostrander Ohio

Ethel Bry 4 Grand daughter Delaware Ohio

your petitioner prays that a time may be fixed for the prov:

ing of said will, and that said above named persons may be

notified according to law of the pending of said proceedings.

T. J. Rowland

The foregoing application was signed in my presence and sworn

to before me, this 13th day of September. A.D. 1890.

{seal} N. F. Overturf

Probate Judge.

"Waiver"

We, the undersigned next of kin of the within named decedent,

hereby waive further Notice, and consent to the probate of said

Will.

Dated this 13th day of September. A.D. 1890

Thomas J. Rowlands

John E. Rowlands

Notice

The State of Ohio }
} In Probate Court
Delaware County.ss. }

In the Matter of the last Will and Testament

of John Rowlands - deceased.

To Thomas J. Rowlands:

You are hereby commanded to notify

Mary Lindner - Rachel Lindner - George Rowlands -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry - that on

the 18th day of September. A.D. 1890. an instrument of writing,

purporting to be the last will and Testament of John Row:

lands, late of Radnor Township, in said County - deceased,

was produced in said Court, and an application to admit the

same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on

the 18 day of September - A.D. 1890. at 9 o'clock A.M.

Witness my hand and the seal of said

Probate Couort, at Delaware, Ohio, this 13" day of

September. A.D. 1890.

N. F. Overturf
{seal}
Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (89)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (89)

Description

page 89]

[corresponds to page 60 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Proof of Service

The State of Ohio }
}
Delaware County.ss. } Thomas J. Rowlands being duly sworn,

says that on the 13 & 15 days of Sept. A.D.

1890. he served the within notice by delivering a true copy there of to

the within named Mary Lindner - Rachel Lindner - George

Rowland - Elsworth A. Rowlands - Josephine Reese - Emma Reese -

Ernest Bry - Anna Bry and Ethel Bry.

Thomas J. Rowlands.

Subscribed in my presence and sworn to before me this 16" day

of Sept. A.D. 1890.

N. F. Overturf

Probate Judge.

" Testimony of Witnesses."

In Probate Court - }
} In the Matter of Proving the last Will and Testament
Delaware County.Ohio}
of John Rowlands, Deceased.

The State of Ohio }
}
Delaware County.ss. } Henry J. Eaton being duly sworn and exam:

[ined] as a witness in the above entitled matter,

say; I was present at the execution of the instrument now shown

to me, bearing date the 29 day of September. A.D. 1886. and offered

for probate as the last Will and Testament of John Rowlands,

late of Radnor Township, in said County of Delaware deceas:

ed, and saw the said John Rowlands, now deceased signed and seal

said instrument, and heard him acknowledge the same to be his

last will and Testament; and I, thereupon, at this request,

and in his presence, subscribed my name to the same as a witness.

The said decendent, at the time if making, signing and sealing

said instrument, was of full age, of sound mind and memory, and

not under any restraint.

Henry J. Eaton

Sworn to and subscribed by said witness in open Court, this

18"day of September. A.D. 1890.

{seal} N. F. Overturf

Probate Judge.

The State of Ohio }
}
Delaware County.ss. } John L. Thurston being duly sworn and ex:

amined as a witness in the above entitled

matter, says: I was present at the execution of the instrument

now shown to me, hearing date the 29" day of September. A.D.

1886, and offered for probate as the last Will and Testament of

John Rowlands, late of Radnor Township, in said County

of Delaware, deceased, and saw the said John Rowlands,
Delaware County Ohio Will Records Vol. 9 1890-1893 (90)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (90)

Description

[page 90]

[corresponds to page 61 of Delaware County Ohio Will Records Vol. 9 1890-93]


now deceased, sign and seal said instrument, and heard him

acknowledge the same to be his last Will and Testament; and

I, thereupon, at his request, and in his presence, subscribed my

name to the same as a witness. The said decedent, at the time

of making, signing and sealing said instrument, was of full age,

of sound mind and memory, and not under any restraint.

John L. Thurston

Sworn to and subscribed by said witness in open Court, this

18th day of September. A.D. 1890.

N. F. Overturf

Probate Judge.

Journal Entry

September 18th 1890. }
}
In the Matter of the Will }
}
of John Rowlands. deceased}

Be it remembered, that heretofore, to-wit:

on the 13th day of September. A.D. 1890. and instrument of

writing, purporting to be the last Will and Testament of John

Rowlands, late of Radnor Township, in this County, deceas:

ed, 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 ad:

mit the same to probate and record in this Court, has been

given to Mary Lindner - Rachel Lindner - George Rolwnads -

Elsworth A. Rowlands - Matilda Rowlands - Frank Reese -

William A. Reese - Josphine Reese - Emma Reese -

Ernest Brey - Anna Bry and Ethel Bry -

(Thomas J. Rowlands and John R. Rowlands having

waived Notice) next of kin of the Testator resident of the

State of Ohio, pursuant to a former order of this Court.

Thereupon, on this day came Henry J. Eaton and John

L. Thurston 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 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 said John Rowlands, deceased. That the same

was duly executed and attested; and that the said Testator, at

the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

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, as will as the proceedings

had thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (91)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (91)

Description

[page 91]

[corresponds to page 62 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowland's Will

"Copy of"

The Last Will & Testament

of

John Rowlands.

On this twenty ninth day of September. A.D. Eighteen

hundred & eighty six at the City of Delaware Ohio, I,

John Rowlands, Widower, of Radnor Township Delaware Coun:

ty Ohio, being now in the seventy second year of my age & still in

the enjoyment of my usual good health & soundness of mind & body,

having through the blessing of a kind Provider on my labors,

gotten me four fine farms & three village & city houses & lots &

considerable personal property, & desiring that a just distribution of

my estate be made among my four sons & three daughters liv:

ing & the seven children of my two deceased daughters, taken in:

to account what I have already done for them & that my es:

tate may be settled with the least possible expense, do make &

declare, that this which is herein written is my last Will and

Testament hereby revoking all former Wills by me made.

Item First: - I will & direct that my Executors hereinafter named as

soon after my decease as they can conveniently do so, collect

what may be owning to me, & also sell at public or private sale

or both & upon such terms as they may see fit, so much of

my personal property as may for that purpose be found neces:

sary, & pay all my just debts, funeral expenses & expenses of

settling my estate.

Item Second: To my four beloved grand-children, John Franklin, - William

A, - Josephine O. & Margaret E, children of my deceased

daughter Margaret Rees - I do give & bequeath the sum of

Eight Hundred Dollars each to be paid to them by my

Executors so soon as Margaret Emma, who is now in the

fourteenth year of her age becomes of the full age of eighteen

years & without interest & all sums that I may hereafter

advance to them & take receipts for shall be deducted with:

out interest from the said legacies respectively. Said legacies are

to be paid out of the proceeds of the property at the North east

corner of Franklin Street & Lincoln Avenue in the City

of Delaware, Delaware County. Ohio, being the west parts of

Inlots Nos: 197 & 198 - deeded to me Mch. 4th 1878 by Saman:

the E. & Alfred G. Byers by deed recorded in the record of

deeds for said County. Vol. 71 page 380, the property has

cost me about $5600, & whatever it sells for over $3200,

necessary to pay the above mentions legacies & expenses

of selling I will be equally divided among my heirs.

The children of any of my deceased children to take joint:

ly that one ninth part of said surplus that the parent would

have taken if living.
Delaware County Ohio Will Records Vol. 9 1890-1893 (92)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (92)

Description

[page 92]

[corresponds to page 63 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

Item Third: - To my three beloved grand-children Earnest - Margaret Ann

& Ethel S. children of my deceased daughter Nellie Brey I

do also give & bequeath the sum of Eight Hundred Dollars

each to be paid as follows, the promissory note which I now hold

dated Apr. 6th 1886 due one year after date for the sum of $850.60/100

with seven percent. intrest given to me for borrowed money by their

father Wm. O. Brey & signed by him. Mrs Nellie & W. O.

Brey or any Note he may be owning thereon at my decease, &

whatever said sum may lack of paying said legacies shall be

paid to them by my Executors so soon as the said Ethel S. who

is now about sixteen or seventeen months old shall become of the

full age of eighteen years & without intrest & if Ethel S. outlive

me & dies before becoming eighteen years of age, then I will that

said legacies be paid to said Earnest & Margaret A. at her decease

& also that the legacy which would have been paid to her, had she

lived, be at her decease equally divided between said Earnest &

Margaret A. Said legacies to be paid as foresaid by my Exec -

utors out of the proceeds of my two houses & lots situated in the Vil:

lage of Ostrander in said County being Inlot No. 64 - deeded to me

by Emanuel Brey & wife May. 2. A.D.1883 - by deed recorded in

Vol. 81. p. 524, & InLot 77 deeded to me by J.J. Vance, Oct. 6th.1883,

be deed recorded in Vol. 82.p.454, the first named cost me $1500, & the

other cost me $700, & whatever they sell for more than is necessary

to make up the balance lacking on said legacies after taking out said

note as aforesaid, & the expenses of selling, I will be equally divided

among my heirs, the children of any of my deceased children to take

jointly that one ninth (1/9) part of said surplus, that the parent

would have taken if living.

Item Fourth: - To my beloved son John E. Rowlands, I do give & bequeath

my farm of 107 acres more or less on which he now lives, situated

in Delaware Thownship in said County & being all of Lot No. 29,

(100 acres) & 7 acres part of Lot No. 30, in Range 19. Township

4 - Section 2 U.S.M. Lands being the same premises deeded to

me by Israel J. Richardson & wife, Apr. 27th 1864, by deed re:

corded in Vol. 50. p.328, I do give said farm to my said son

John E, to be his absolutely in fee - simple, upon the condition

however & charged with the payment by him in one year after

my decease without interest, to my daughter Mary wife of

Harmon Lindner the sum of Two Thousand Dollars of her

legacy in "Item 7" hereinafter given.

Item Fifth: - To my beloved son George B. Rowlands I do give & bequeath

my farm of 114 1/2 acres more or less on which he now lives situated

in Delaware Township in said County, being Lot No. 31, in

Range 19. Tp. 4. Sec 2. U.S.M. Lands - deeded to me by Joseph

Hyatt & others, Febr. 21st. 1870, by deed recorded in Vol. 61. p. 362, I

do give the said farm to my said son George B, to be his abso:

lutely in fee-simple, upon the condition however & charged with
Delaware County Ohio Will Records Vol. 9 1890-1893 (93)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (93)

Description

[page 93]

[corresponds to page 64 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

the payment by him in one year after my decease without interst

to my said daughter Mary the sum of One Thousand Dollars

the residue of her legacy, & to my daughter Rachel wife of Ed:

ward Lindner the sum of One Thousand Dollars of her lega:

cy in "Item 8th" hereinafter given.

Item Sixth: - To my beloved son Thomas J. Rowlands, I do give & bequeath

my farm of 116 1/2 acres more or less on which he now lives,

Situated in Delaware Township in said County being Lot No.

32, in Sec. 2. Tp. 4. Range 19. U.S.M. Lands deeded to me by

Minerva A. Lamb & others - Apr. 24th 1873, by deed recorded in Vol.

65. p. 145. I do give the said farm to my said son, Thomas J.

to be his absolutely in fee-simple upon the condition however &

charged with the payemnt by him in one year after my decease with:

out interest to my said daughter Rachel the sum of Two Thous:

end Dollars the residue of her lagacy.

Item Seventh: - To my beloved daughter, the said Mary Lindner, I do give &

bequeath the sum of Three Thousand Dollars, to be paid to

her - $2000 thereof by my son John E. as stated in "Item 4th"

& $1000, thereof by my son John E. as stated above in "Item

5th" I do also give to the said Mary, the additional sum of Five

Hundred Dollars, to be paid to her out of the proceeds of my person:

al estate left after paying my debts & expenses of settling my estate

as provided in "Item First" & the $1000, to Matilda as provided

in "Item 10th" if not enough left to pay her said $500 & the $500

to her sister Rachel, then she to have one half of what is left.

Item Eight: - To my beloved daughter the said Rachel Lindner, I do give & be:

queath the sum of Three Thousand Dollars, to be paid to her

$1000 thereof by my son George B. & $2000, thereof by my son

to the said Rachel the additional sum of Five Hundred

Dollars, to be paid to her out of the proceeds of my personal estate

left after paying my debts & expenses of settling my estate & the

$1000 to Matilda as provided in "Item 10th", if not enough left

to pay her the $500, & her sister Mary's $500 - then each to

have the one half of what is left.

Item Ninth: - To my beloved & youngest son Elsworth Rowlands, I do

give & bequeath my farm of 146, acres more or less on which

we now live, situated in Radnor Township in said County

in Range 20, Township 5 - Section 4, U.S.M. Lands & made

up of the tracts deeded to me at four different times as follows:

1st the 81 4/5 acres deeded Oct 25 1846 - by Josheph Richards &

wife by deed recorded in Vol. 27. page 46 - 2nd the 20. acres deeded

by George W. Hull & wife Febr 8th 1851; (See Vol. 31. pages

612 etc) 3rd the 20 acres deeded by George W. Hull &

others June 1852, (See Vol. 35. pages 452 &) 4th the 25

acres deeded by Reuben Durfey & wife April. 11th 1858. (See

Vol. 39, pages 27 etc) - I do give the said farm to my said

son Elsworth to be his absolutely in fee-simple, upon the
Delaware County Ohio Will Records Vol. 9 1890-1893 (94)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (94)

Description

[page 94]

[corresponds to page 65 of Delaware County Ohio Will Records Vol. 9 1890-93]


John Rowlands Will

condition however & charged with the payment by him, in one year

after my decease without interest to my daughter Matilda Row:

lands the sum of Three Thousand Dollars.

Item Tenth: - To my beloved & youngest daughter the said Matilda Rowlands

now living with me, I do give & bequeath the sum of Three

Thousand Dollars to be paid to her by my son Elsworth as

stated above in "Item 9th" - I do also give to the said Matilda

the additional sum of One Thousand Dollars to be paid to her

out of the proceeds of my personal property left after paying my

debts & expenses of settling my estate.

Item Eleventh: - I do hereby constitute & appoint the said Thomas & Elsworth

Rowlands Executors of this my last Will & Testament, & here:

by authorize & direct them to proceed without any unnecessary

delay to collect whatever may be owning to me, & also to sell with:

in one year from my decease in such manner & for such prices

& upon such terms as they may see best for my estate all my

personal property. & that they apply & distribute the proceeds of

my personal estate as follows, 1st in payment of debts & expenses

as provided in "Item First" 2nd that they then pay to Matilda

the sum of $1000 - as provided in "Item 10th - 3rd that of the residue

then left they pay to Mary & Rachel each the sum of Five

Hundred Dollars, as provided in Items 7 & 8 - 4th & that they

do them divide the balance if any equally among my said seven

children to each 1/9 part & to the children of Nellie Brey 1/9 part

& to the children of Margaret Rees 1/9 part.

I do futher authorize, empower & direct my said Executors to

sell at such times in such manner & for such sums & upon such

terms as they may see best for the legatees interested the real

estate in the City of Delaware & Village of Ostrander in Item

2nd & 3rd. described & proper deeds in fee simple therefore to the several

purchases to execute & deliver, without the necessity of obtaining

any order of Court, to sell & that they apply & distribute the pro:

ceeds of the sale of said real estatae as directed in said Items

2nd & 3rd.

And I authorize empower & direct my said Executors to rent

said real estate until sold as aforesaid & the net proceeds to dis:

tribute as a part of my personal estate, & as is herein before direct:

ed to be distributed.

In testimony whereof, I, the said John Rowlands, have

hereunto set my hand this twenty ninth day of September. A.D.

1886.

John Rowlands.

Signed by the said John Rowlands in our presence, & by him

to us acknowldged to be his last Will & Testament, & signed

by us as witnesses thereto at this request, in his presence & in

the presence of each other.

John L. Thurston

Henry J. Eaton
Delaware County Ohio Will Records Vol. 9 1890-1893 (95)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (95)

Description

[page 95]

[corresponds to page 66 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Application for Probate of Will


The State of Ohio }
}
Delaware County,ss} In Probate Court


In the Matter of the Last }
}
Will and Testament of }
} Application to admit to Probate
Lewis Wornstaff, Deceased }


To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Lewis Wornstaff, late a resident of the Township of Oxford in said

County, died on or about the 26th day of July, A.D. 1890, leaving

an instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Lewis Wornstaff died leaving Sal:

lie A. Wornstaff of Ashley, O. widow and the following named persons

his only next of kin resident of the State of Ohio -


Name Degree of Kinship P.O. Address

Sperry Wornstaff Son Ashley, Ohio

Chesley Wornstaff Son Ashley, Ohio

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

Sperry Wornstaff

The foregoing application was signed in my presence and sworn

to before me, this 22 day of August, A.D. 1890

{seal} N. F. Overturf

Probate Judge

" Waiver "

We, the undersigned widow and next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will.

Dated this 20th day of August, A.D. 1890

Sally Anne Wornstaff her X mark

Sperry Wornstaff

Chesley Wornstaff


Journal Entry

August, 22d 1890. }
}
In the Matter of the Will of: }
}
Lewis Worstaff - deceased }

This day an instrument of writing, pur:

porting to be the last Will and Testament and Codicil thereto,

of Lewis Wornstaff, late of Oxford Township, in this County,

deceased, was produced in open Court for Probate. On consider:

ation whereof, it is ordered that the said Will be filed in this
Delaware County Ohio Will Records Vol. 9 1890-1893 (96)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (96)

Description

[page 96]

[corresponds to page 67 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff Will

Court - And thereupon came Sally Ann Wornstaff, widow,

and Sperru Wornstaff and Chesley Wornstaff only next of kin

if said Testair, resident of the state of Ohio, and in writing waived

Notice and consented to the probate of said Will.

And it appearing to the Court that J. M. Coomer and A. U.

Coomer the subscribing witnesses to said Will, and J. C. Coomer

one of the subscribing witnessses to said Codicil are residents of

Bay City, Michigan - and are without the jurisdiction of this

Court, it is therefore ordered that a Commission, with the Will

annexed, issue therein to Fremont Trimble, of Bay City, Michi-

gan, directing him to take the depostion of said subscribing witness:

es, and return the same, duly certified, with all convenient speed to

this Court.

And the hearing of the testimony of David Shoemaker, the other

subscribing witness to said Codicil, is continued until the return

of said Commision.

N. F. Overturf

Probate Judge.

" Copy of Will "

In the name of the Benevolent father of all: I, Lewis

Wornstaff, of Ashley Ohio, do make and publish this my

last Will and Testament.

Item 1st - I give and devise to my beloved wife in lieu of her dower, the

House and lot where we now live, in Ashley Ohio. It being

the property purchased from J. F. Doty, To have and to hold,

or to dispose of, as she may deem proper, together with all house:

hold goods and provisions remaining at my decease.

I also give and devise to my said wife during her natural life,

or while she remains my widow, the following, to - wit: The

East part of Lot 5 of Sect. 2. about 83 acres, and about 52 acres

in west part of Lot 25 of Sect. 1. (all in Oxford Tp. Del. Co. Ohio)

and at her marriage, or decease, the above decribed two lots of

farm lands are to become the property of my son - Sperry, by

his paying my son Chesley the sum of Twenty Five Hundred

Dollars ($2500.) in three equal annual payments, which

sum shall be in full of all demands against said premise.

Item 2nd - I give my son Sperry all of the farm in which he now

lives, there being about 153 acres, - Expecting the value

of 1000. Dollars, which sum he is to pay to his mother which

sum shall be in full of all demands against said premises.

My son Sperry is also to have at my decease, all farming

Impliments - Machinery & owned by me.

Item 3rd - I hold Receipts for Property given to my son Chesley, to the

amount of Eight thousand Seven hundred and fifty Dollars,

See Receipts. Sept. 1st 1869 - $6500 Dollars, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (97)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (97)

Description

[page 97]

[corresponds to page 68 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will

Sept 1" 1871 - $1550, dollars - that being held to show that

I have disposed of said amounts to him, from my estate.

Item 4th - If Elizabeth Harroun, marries before my decease I will pro:

vide for her, in dependent of this Will, but otherwise at my decease

she is to receive from my estate personal property to the amount of

Three Hundred Dollars.

Item 5th - It is my desire that all just demands against my estate be paid

from notes and money belonging to the same, and whateve amount

remains, (after complying with Item 4. herein) be equally divided

between my sons Chesley and Sperry.

Item 6th - I do hereby nomimate and appoint my wife Sally, and my son

Sperry Executors of this my last will and testament, hereby au:

thorizing and empowering them to compromise, adjust, release and dis:

charge in such manner as they may deem, proper the the debts and

claims due me.

I desire that no appraisement and no sale of my personal proper:

ty be made, and that the Court of Probate direct the omission of

the same, in pursuance of the Statutes.

In testimony hereof, I have hereunto set my hand

and seal, this 21st day of March, A.D. 1879.

Lewis Wornstaff.

Signed & acknowledged by said Lewis Wornstaff as his last will

& testament in our presence & signed by us in his presence.

J. M. Coomer

A. U. Coomer

( Codicil )

I Lewis Wornstaff of Ashley Ohio, do make this my Codicil

hereby confirming this my last Will made and acknowledged

March. 23rd 1879. Excepting therefrom the 4th item therein which

item relating to Elizabeth Harroun, has been canseled in full, and

is not to be counted as any part of my will.

In witness whereof I have hereunto set my

hand and seal this 1st day of June, A.D. 1881.

Lewis Wornstaff. { seal }

Signed by said Lewis Wornstaff, and acknowledge in our

presence as codicil to his last Will, and signed by us in his pres:

ence.

David Shoemaker.

J. M. Coomer
Delaware County Ohio Will Records Vol. 9 1890-1893 (98)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (98)

Description

[page 98]

[corresponds to page 69 of Delaware County Ohio Will Records Vol. 9 1890-93]


Lewis Wornstaff's Will


Commision

To take Testimony of Witness to Will and Codicil


The State of Ohio }
}
Delaware County.ss. }
To Fremont Trimble, 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 J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis Worn:

staff - and J. M. Coomer - the subscribing witness to the Codicil of

said Will of Lewis Wornstaff 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. M. Coomer and A. U. Coomer to be brought

before you, and then and there to examine them on oath or affirmation

first taken before you, touching the due execution of said Will and

Codicil of the said Lewis Wornstaff, and that you reduce such

examinaton to writing, and return the same, together with this

Commission and the Will and Codicil of the said Lewis Worn:

staff thereto annexed, closed up under your seal into our said

Probate Court, with all convenient speed.

In Testimony Whereof, I, N. F.

Overturf, Judge of the said Court, have hereunto set my hand

and affixed the seal of said Court, at Delaware, Ohio, this

22nd day of August, A.D. 1890.

{ seal } N. F. Overturf

Probate Judge

Deposition of Witness to Will.


The State of Mich}
} In the Matter of the last Will and Testament
Bat County.ss. }
of Lewis Wornstaff.

Personally appeared before me Fremont Trimble, Commission:

er, J. M. Coomer and A. U. Coomer subscribing witnesses to

the last Will and Testament of Lewis Wornstaff, late of Oxford,

Township in said Delaware County, deceased, who being by

me first duly sworn according to law, to speak the truth, the

whole truth, and nothing but the truth, in relation to the execution

of siad Will, depose and say : That they were present at the

execution of the paper before them bearing date the 21st day of

March, A.D. 1879, purporting to be the last Will and Testa:

ment of Lewis Wornstaff now deceased, whose name is signed

at the end thereof, and at the request of said deceased, subscribed

at the end thereof, and at the request of said deceased, subscribed

their names to the same as witnesses in his presence; that

they saw the said Lewis Wornstaff sign and seal said Will

and heard him acknowledge the same to be his last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (99)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (99)

Description

[page 99]

[corresponds to page 70 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

Testament, and that the said Lewis Wornstaff at the time of mak:

ing, signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

J. M. Coomer

A. U. Coomer

The State of Michigan }
}
Bay County.ss. - } I, Fremont Trimble, duly appointed and

commissioned by the Judge of the Pro:

bate Court, of the County of Delaware and the State of Ohio,

to take the testimony of J. M. Coomer and A. U. Coomer sub:

scribing witnesses to the last Will and Testament of Lewis

Wornstaff deceased, late a resident of said County and State,

which Commission, and the said Will are hereto annexed, do

hereby certify that in pursuance of said Commission I caused the

above name J. M. Coomer and A. U. Coomer subscribing wit:

nesses as aforesaid to appear before me, at Bay City on the 2nd

day of September. 1890, that they were first duly sworn by me,

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

but the truth; that I examined them in relation to the execu:

tion of said Will, and reduced their testimony to writing as above

set forth in their presence and that they signed the same in my

presence, and I further certify that I am not Counsel Attor:

ney or Relative of any of the parties names in said will or

otherwise interested in the Probate thereof.

In witness whereof I have hereunto

set my hand this second day of September. A.D. 1890

Fremont J. Trimble

Commissioner

Depostion of: Witness to Codicil of Will

The State of Michigan }
} In the Matter of the last will and Testament
Bay County.ss. }
and Codicil thereto of Lewis Wornstaff

Personally appeared before me Tremont Trimble, Commissioner,

J. M. Coomer one of the subscribing witnesses to the codicil of

the last Will and Testament of lewis Wornstaff, late of

Oxford Township in said Delaware County, deceased, who being

by me first 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 Codicil to said Will, deposes and says: That he

was present at the execution of the paper before him bearing date

the 1st day of June. A.D. 1881. purporting to be the Codicil

to the last will and Testament of Lewis Wornstaff now

deceased, whose name is signed at the end thereof, and at the re:

quest of said deceased, he subscribed his name to the same as a

witness in his presence; that he saw the said Lewis Wornstaff

sign and seal said Codicil to said Will, and head him ac:
Delaware County Ohio Will Records Vol. 9 1890-1893 (100)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (100)

Description

[page 100]

[corresponds to page 71 of Delaware County Ohio Will Records Vol. 9 1890-93]

Lewis Wornstaff's Will

knowledge the same to be his Codicil to his last Will and Tes:

tament, and that the said Lewis Wornstaff at the time of making

signing and sealing said Codicil to said will, was of full age,

of sound mind and memory, and not under any restraint.

J. M. Coomer

The State of Michigan }
}
Bay County. ss - } I Fremont Trimble, duly appointed

and commissioned by the Judge of the

Probate Court, of the County of Delaware and the State of

Ohio, to take the testimony of J. M. Coomer, one of the sub:

scribing witnesses to the Codicil, to the last Will and Testament

of Lewis Wornstaff, deceased, late a resident of said County and

State, which Commission, and the said Will are hereto annex:

ed, do hereby certify that in pursuance of said Commission I caused

the above names J. M. Coomer subscribing witness as aforesaid

to appear before me, at Bay City on the 2nd day of Sep:

tember. 1890, that he was first duly sworn by me, according

to law, to speak the truth, the whole trith, and nothing but the

truth; that I examined him in relation to the execution of said

Codicil to said Will, and reduced his testimony to writing as

above set forth in his presence and that he signed the same in

my presence, and I further certify that I am not Counsel, At:

torney, or Relative of any of the parties named in said will, or

otherwise interested in the probate thereof.

In witness whereof I have hereunto

set my hand, this 2nd day of September, A.D. 1890.

Fremont J. Trimble

Commissioner.

Journal Entry.

September. 6th 1890. }
}
In the Matter of the Will of: }
}
Lewis Wornstaff, deceased }

The Commission heretofore issued

herein to take the testimony of J. M. Coomer and A. U. Coom:

er, the subscribing witnesses to the Will of Lewis Wornstaff - de:

cesed, and the testimony of J. M. Coomer the subscribing witness

to the Codicil of the Will of said Lewis Wornstaff, deceased, was

this day returned, duly executed, and the same was filed herein.

And this cause is now continued to take the testimony of David

Shoemaker the other subscribing witness to said Codicil until

the 30" day of September, A.D. 1890. at 10 o'clock A.M.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (101)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (101)

Description

[page 101]

[corresponds to page 72 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry.

September. 30" 1890. }
}
In the Matter of the Will of }
}
Lewis Wornstaff - deceased. }

This day this cause came on for hearing

and it appearing to the Court that David Shoemaker the other

subscribing witness to the Codicil to said Will is a resident of

Fulton - Morrow County, Ohio - and is without the jurisdiction

of this Court, it is therefore ordered that a Commision, with

the Will and Codicil annexed, issue herein to H. M. Wide;

mand, of Fullton, Morrow County, Ohio - directing him to tkae

the deposition of said subscribing witness, and return the same,

duly certified, with all convenient speed to this Court.

N. F. Overturf

Probate Judge.

" Commission "

To take Testimony of Witness to Codicil to Will

The State of Ohio }
}
Delaware County.ss. } To H. M. Wiseman, 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 David Shoemaker, one of the subscribing

witnesses to the Codicil to the last Will and Testament of

Lewis Wornstaff 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 appoointed by you, you cause the said Da:

vid Shoemaker to be brought before you, and then and there to exam:

ine him on oath or affirmation first taken before you, touching

the due execution of said Codicil to said Will of the said Lewis

Wornstaff and that you reduce such examination to writing,

and return the same, together with this Commission and the

Will of the said Lewis Wornstaff thereto annexed, closed up

under your seal, into our said Probate Court, with all con:

venient speed.

In Testimony Whereof, I, N. F. Overturf

Judge of the said Court, have hereunto set my hand and

affixed the seal of said Court, at Delaware, Ohio this 30th

day of September. A.D. 1890.

N. F. Overturf

{ seal } Probate

Delaware County Ohio Will Records Vol. 9 1890-1893 (102)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (102)

Description



[page 102]

[corresponds to page 73 of Delaware County Ohio Will Records Vol. 9 1890-93]

Deposition of Witness to Codicil to Will

The State of Ohio } In the Matter of the last Will and Testament

Morrow County ss } of Lewis Wornstaff:

Personally appeared before me H. M. Wiseman Commissioner,

David Shoemaker subscribing witness to the Codicil to the

last Will and Testament of Lewis Wornstaff late of Oxford

Township in said Delaware County, deceased, who being by me

first 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 said Will, deposes and says: That he was

present at the execution of the paper before him bearing date the

1st day of June, A.D. 1881 purporting to be the Codicil to

the last Will and Testament of Lewis Wornstaff now de=

ceased, whose name is signed at the end thereof, and at the re=

quest of said deceased, he subscribed his name to the same as

a witness in his presence; that he saw the said Lewis Worn=

staff sign and seal said Codicil to said Will and heard

him acknowledge the same to be his Codicil to his last Will

and Testament and that the said Lewis Wornstaff at the time

of making, signing and sealing said Codicil to said Will, was

of full age, of sound mind and memory, and not under any re=

straint.

David Shoemaker

The State of Ohio }
Morrow County ss. } I. H. M. Wiseman, duly appointed and

commissioned by the Judge of the Probate

Court of the County of Delaware and the State of Ohio;

to take the testimony of David Shoemaker - one of the sub=

scribing witnesses to the Codicil to the last Will and Testament

of Lewis Wornstaff, deceased, late a resident of said County and

State, which Commission, and the said Will are hereto annexed,

do hereby certify that in pursuance of said Commission, I caused

the above named David Shoemaker subscribing witness as afore=

said to appear before me, at Fulton O. on the 15th day of Oct.

1890 that he was first duly sworn by me according to law to

speak the truth, the whole truth, and nothing but the truth that

I examined him in relation to the execution of said Codicil to

said Will, and reduced his testimony to writing as above set

forth in his presence and that he signed the same in my pres=

ence, and I further certify that I am not Counsel, Attorney or

Relative of any of the parties named in said Will, or otherwise

interests in the Probate thereof

In witness whereof I have hereunto set my

hand, this 15th day of Oct. A.D. 1890.

H.M. Wiseman
Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (103)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (103)

Description

[page 103]

[corresponds to page 74 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry

October 15th 1890, }

In the Mater of the Will of: }

Lewis Wornstaff - deceased }

The Commission heretofore issued

herein to take the testimony of David Shoemaker, me of the

subscribing witnesses to the Codicil to the Will of said Lewis

Wornstaff deceased, was this day returned, duly executed, and the

same was filed herein. Whereupon the Court finds from the dep:

ositions of the said J.M. Coomer and A.U. Coomer the subscrib=

ing witnesses to said Will and from the depositions of the said

J. M. Coomer and David Shoemaker the subscribing witnesses

to said Codicil to said Will, that the aforesaid instrument of

writing is the last Will and Testament and Codicil thereto

of said Lewis Wornstaff deceased. That the same was duly ex=

ecuted and attested; and that the said Will and Codicil thereto,

was of full age of sound mind and memory, and not under any re=

straint. 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, as well as the proceedings had

therein, be entered of record in this Court.

Citation ordered and issued to Sally A. Wornstaff, widow, of said

decendent to elect as to said Will as required by Law.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (104)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (104)

Description

[page 104]

[corresponds to page 75 of Delaware County Ohio Will Records Vol. 9 1890-93]

Journal Entry

October 15th 1890 }

In the Matter of the Will }

of Magdala Corbin - deceased }

This day, an instrument of writing, pur=

porting to be the last Will and Testament of Magdala Corbin, late

of Delaware Township in this County, deceased was produced in

open Court for Probate. On consideration whereof, it is 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 Franklin R. Corbin, here widower and Hattie W. Corbin and

John R. Corbin (Franklin B. Corbin having in writing, waived

Notice and consented to the probate of said Will) next of kin of

the Testatrix resident of the State of Ohio, that said applica=

tion will be for hearing before this Court in the 18th day of October -

A.D. 1890 at 10' oclock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }


In the Matter of the last Will }

and Testament of Maydala } Application to Admit to Probate

Corbin deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents that

Maydala Corbin late a resident of the Township of Delaware in

said County, died in or about the 20th day of October A. D. 1887,

leaving an instrument in writing, hereto attached purporting to be her

last Will and Testament: That the said Magdala Corbin died

leaving Frankling R. Corbin her widower and the following named persons

her only next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P.O. Address
Minor

Franklin B. Corbin Son Delaware O.

Hattie W. Corbin Daughter " "

John R. Corbin 16 Son " "

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified accord=

ing to law of the pending of said proceedings.

Franklin B. Corbin

The foregoing application was signed in my presence and sworn to be,

fore me, this 15th day of October A. D. 1890.

{Seal} N. F. Overtuf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (105)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (105)

Description

[page 105]

[corresponds to page 76 of Delaware County Ohio Will Records Vol. 9 1890-93]

"Waiver"

I, the undersigned one of the next of kin of the within named decedant,

hereby waive further notice and consent to the probate of said Will,

Dated this 16th day of October A.D. 1890.

Franklin B. Corbin

Notice

The State of Ohio } In Probate Court

Delaware Couty ss. }

In the Matter of the last Will and Testament

of Magdala Corbin - deceased.

To Franklin B. Corbin

You are hereby commanded to

notify Franklin R. Corbin Hattie W. Corbin and John R.

Corbin that on the 15th day of October A.D. 1890 an instrument of

writing purporting to be the last Will and Testament of Magdala

Corbin late of Delaware Township, in said County, deceased, was

preduced in said Court, and an application to admit the same to pro-

bate was on the same day made in said Court. Said application

will before hearing before this Court on the 18th day of October A.

D. 1890 at 10'oclock A. M.

Witness my hand and the seal of said Pro=

bate Court, at Delaware, Ohio, this 15th day of October A. D. 1890

{Seal} N.F. Overturf

Probate Judge

Proof of Service
The State of Ohio }

Delaware County ss. } Franklin B. Corbin being duly sworn,

says that on this 15th day of October A.D.

1890 he served the within notice by delivering a true copy there of the

within named Franklin R. Corbin, Hattie W. Corbin and John

R. Corbin

Franklin B. Corbin

Subscribed in my presence and sworn to before one this 15th day of

October A. D. 1890.

N.F. Overturf

Probate Judge

Testimony of Witness

In Probate Court } In the Matter of Proving the last Will and Testament of

Delaware County, Ohio } Magdala Corbin - Deceased

The State of Ohio }

Delaware County ss. } Sophia Grysby, being duly sworn and examined

as a witness in the above entitled matter, says,

I was present at the execution of the instrument now shown to me,

bearing date the 19th day of October A.D. 1887 and offered for probate
Delaware County Ohio Will Records Vol. 9 1890-1893 (106)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (106)

Description

[page 106]

[corresponds to page 77 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will

as the last Will and Testament of Magdala Corbin, late of Del=

aware Township, in said County of Delaware, deceased, and saw

the said Magdala Corbin, now deceased, sign and seal said instru=

ment, and heard her acknowledge the same to be her last Will and

Testament; and I, thereupon, at her request, and in her presence,

subscribed my name to the same as a witness. The said decedent,

at the time of making, signing and sealing said instrument, was

of full age, of sound mind and memory, and not under any restraint.

Sophia Grigsby

Sworn to and subscribed by said witness in open Court, this 18th

day of October A.D. 1890

N.F. Overturf

{Seal} Probate Judge


Proof of Signature of Witness to Will

The State of Ohio }

Delaware County ss } Sophia Grigsby being duly sworn, says that

she was well acquainted with James H.

Hughs who is now deceased, that she was well acquainted with the

hand writing of the said James H. Hughs, having often seen him

write, that the signature James H. Hughs as subscribing wit=

ness to the last Will and Testament of Magdala Corbin, deceased,

is in the own proper hand writing and signature of the said James

H Hughs, who at the date of said Will was in full life, and resided

in Delaware City in said County.

Sophia Grigsby

Sworn to before me and subscribed in my presence, this 18th

day of October A. D. 1890.

N. F. Overturf

{Seal} Probate Judge

Proof of Signature of Witness to Will

The State of Ohio }

Delaware County ss } D E Hughs being duly sworn says that

he was well acquainted with James H.

Hughs who is now deceased, that he was well acquainted with the

hand writing of the said James H. Hughs, having often seen him

write, that the signature James H. Hughs as subscribing witness

to the last Will and Testament of Magdala Corbin, deceased, is in

the own proper hand writing and signature of the said James H Hughs

who at the date of said will was in full life, and resided in Del=

aware City in said County.

D. E. Hughs

Sworn to before me and subscribed in my presence, this 18th day of Oc=

tober. A.D. 1890

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (107)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (107)

Description

[page 107]

[corresponds to page 78 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will

Journal Entry

October 18th 1890 }

In the Matter of the Will }

of: Magdala Corbin - deceased } Be it remembered, that heretofore, to wits on

the 15th day of October A.D. 1890 an in:

strument of writing, purporting to be the last Will and Testament of

Magdala Corbin, late of Delaware City 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 giving to Franklin R. Corbin her

widower and Hattie W. Corbin and John R. Corbin (Franklin B.

Corbin having waived Notice) next of kin of the Testatrix, resident

of the State of Ohio pursuant to a former order of this Court, there:

upon came Sophia Grigsby one of 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 her subscribed, and filed

with said Will. _ And it appearing to the Court that James H.

Hughes, the other subscribing witness to said Will, is now deceased,

thereupon Sophia Grigsby and D.E. Hughes appeared in open court,

and were duly sworn and examined according to law touching the gen:

uineness of the signature of said James H. Hughes, attached to

said Will, and their testimony thereon was reduced to writing and filed, where:

upon the Court finds that the aforesaid instrument of writing is the

last Will and Testament of said Magdala Corbin, deceased, That the same

was duly executed and attested, and that the said Testatrix, at the time

of making, signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint. It is, therefore, by the Court order:

ed, that the said Will be admitted to probate, and that the same, together

with the testimony of the witnesses above named, as well as the proceedings

had thereon, be entered of record in this Court.

Citation ordered and issued to Franklin R. Corbin widower of said de:

cecent to elect as to said Will, as required by law. And thereupon

proof of service of said Citation was filed herein.

N.F. Overturf

Probate Judge


Copy of Will

In the name of the benevolent father of all: I Magdala Corbin

of the City of Delaware County of Delaware and State of Ohio and

being of sound mind and memory do make and publish this my last

Will and Testament:

Item 1st

I give and devise to my beloved son Franklin B. Corbin the one third

part of the Thousand Dollars that was realized from the sale of my

farm some time since and which said Thousand Dollars is now in

my husbands possession but nevertheless my individual private person:

al property also the one third part in value of my and all other personal

property that I may now own or that may come to me at any time dur:

ing my life time also the one third undivided part of all of my real es:
Delaware County Ohio Will Records Vol. 9 1890-1893 (108)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (108)

Description

[page 108]

[corresponds to page 79 of Delaware County Ohio Will Records Vol. 9 1890-93]

Magdala Corbin's Will 79

tate that I now own and which is known as a farm of Seventy

Three Acres situate in Scioto Township Delaware County.

Ohio, the same to be held to him and his heirs forever.

Item 2nd

I give and devise to my beloved daughter Hattie W Corbin the

one third part of the Thousand Dollars that was realized from the

sale of my farm some time since and which said Thousand Dollars

is now in my husbands possession but nevertheless my individual pri:

vate personal property. Also the third part in value of any and all oth:

er personal property that I may now own or that may come to me

at any time during my lifetime. ~ Also the one third undivided

part of all of my real estate that I now own and which is known as a

farm of Seventy Three Acres, situate in Scioto Township Delaware

County Ohio, the same to be held to her and her heirs forever.

Item 3rd

I give and devise to my beloved son John R. Corbin the one third

part of the Thousand Dollars that was realized from the sale of my

farm some time since and which said Thousand Dollars is now

in my husbands possession but nevertheless my individual private

personal property. Also the third part in value of any and all other

personal property that I may now own or that may come to me at

any time during my lifetime. Also the one third undivided part

of all of my real estate that I now own and which is known as a

farm of Seventy Three Acres, situate in Scioto Township Delaware

County Ohio. The same to be held by Franklin B. Corbin in trust

for the only proper use and benefit of the said John R. Corbin until he the

said John R. Corbin shall have arrived at the age of twenty-one years

whereupon he the said John R. Corbin upon his having arrived at the

age of twenty one years shall receive the use, possession and control of all

of the said property both real and personal from the said Trustee and said

trusteeship shall thereupon immediately close upon his final settlement

with the said John R. Corbin upon his arriving at the age of majority,

whereupon he the said John R. Corbin shall hold the said real estate

to him and his heirs forever.

Item 4th

I do hereby nominate and appoint Franklin B. Corbin (my son) my

Executor for the purpose of settling my estate and the carrying out of the

provisions of this my last Will.

Item 5th

I do hereby revoke all former wills by me made of whatsoever na:

ture they may be.

In testimony whereof I have hereunto set my hand and

seal at the City of Delaware Ohio- this 19th day of October A.

D. 1887.

{Seal} Magdala Corbin-


Signed and acknowledged by said Magdala Corbin as her last Will

and Testament in our presence and signed by us in her presence.

James H. Hughes

Sophia Grigsby.
Delaware County Ohio Will Records Vol. 9 1890-1893 (109)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (109)

Description

[page 109]

[corresponds to page 80 of Delaware County Ohio Will Records Vol. 9 1890-93]

80 Nancy Phillips Will

For record of Content

See Page 168. Journal Entry.

November 5th 1890. }

In the Matter of the Will }

of Nancy Phillips, deceased.} This day an instrument of writing, pur:

porting to be the last Will and Testament

of Nancy Phillips, late of Radnor Township, in this County, deceased,

was produced in open Court for Probate; On consideration whereof it is

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 Josephine Phillips, Eliza Jane Baker and Jemima A.

C. Mills next of kin of the Testatrix, resident of the State of Ohio,

that said application will be for hearing before this Court on the 10th day

of November- A.D. 1890. at 11 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will


The State of Ohio } In Probate Court.

Delaware County.ss.}

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Nancy Phillips late a resident of the Township of Radnor in said

County, died on or about the 18th day of October A.D. 1890. leaving an

instrument in writing, hereto attached, puprporting to be her last Will and

Testament: That the said Nancy Phillips died leaving no widower

and the following named persons her only next of kin resident of the

State of Ohio.

Name Degree of Kinship P. O. Address

Josepheus F. Phillips Son Delaware Ohio

Eliza Jane Baker Daughter Radnor Ohio

Jemima A.C. Mills` " Logan Ohio


Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified accord:

ing to law of the pending of said proceedings.

Joseph Baker.

The foregoing application was signed in my presence and sworn to

before me, this 5th day of November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (110)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (110)

Description

[page 110]

[corresponds to page 81 of Delaware County Ohio Will Records Vol. 9 1890-93]

Nancy Phillips Will 81

The State of Ohio } In Probate Court

Delaware County.ss. }

In the matter of the last Will and Testament

of Nancy Phillips, deceased.

To Joseph Baker:

You are hereby commanded

to notify Josepheus F. Phillips - Eliza Jane Baker and Jemima

A.C. Mills that on the 5th day of November. A.D. 1890. an instru:

ment of writing, purporting to be the last Will and Testament of Nancy

Phillips, late of Radnor Township, in said County, deceased, was pro:

duced in said Court, and an application to admit the same to probate

was on the same day made in said Court. Said application will be

for hearing before this Court on the 10th day November. A.D. 1890.

at 11 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware Ohio, this 5th day of November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service

The State of Ohio }

Delaware County, ss.} Joseph Baker being duly sworn, says that

on the 5th day of November. A.D. 1890. he

served the within notice by delivering a true copy thereof to the within

named Josepheus F. Phillips- Eliza Jane Baker and Jemima

A.C. Mills.

Joseph Baker.

Subscribed in my presence and sworn to before me this 10th day of

November. A.D. 1890.

N.F. Overturf

Probate Judge.


Journal Entry

November 10th 1890.

In the Matter of the Will }

of Nancy Phillips, deceased,} Be it remembered, that heretofore, to wit: on

the 5th day of November. A.D. 1890. an

instrument of writing purporting to be the last Will and Testament

of Nancy Philliips, late of Radnor 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 giv:

en to Josepheus F. Phillips, Eliza Jane Baker and Jemima A.

C. Mills next of kin of the Testatrix, resident of the State of

Ohio, pursuant to a former order of this Court, thereupon came

William Prichard, one of the subscribing witnesses to said Will,
Delaware County Ohio Will Records Vol. 9 1890-1893 (111)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (111)

Description

[page 111]

[corresponds to page 82 of Delaware County Ohio Will Records Vol. 9 1890-93]


82 Nancy Phillips Will

who being duly sworn, testified to the due execution and attestation of said

Will, which testimony was reduced to writing, by him subscribed, and filed

with said Will. ~ David W. Jones, the other subscribing witness to

said Will failing to appear this cause is now continued, until the 12th

day of November. A.D. 1890. at 1 o'clock P.M., to take the testimony of

said David W. Jones.

N.F. Overturf

Probate Judge.


Testimony of Witnesses

In Probate Court } In the Matter of Proving the last Will and

Delaware County, Ohio.} Testament of Nancy Phillips, Deceased.


The State of Ohio }

Delaware County.ss. } William Prichard, being duly sworn and examined

present at the execution of the instrument now shown to me, bearing date

the 15th day of October. A.D. 1890. and offered for probate as the last Will

and Testament of Nancy Phillips, late of Radnor Township, in said Coun:

ty of Delaware, deceased, and saw the said Nancy Phillips, now deceased

sign and seal said instrument, and heard her acknowledge the same to be her

last Will and Testament; and I, thereupon, at her request and in her presence,

subscribed my name to the same as a witness. The said decedent, at the

time of making, signing and sealing said instrument, was of full age of

sound mind and memory, and not under any restraint.

William Prichard.

Sworn to and subscribed by said wintess in open Court, this 10th day of

November. A.D. 1890.

N.F. Overturf

{Seal} Probate Judge


The State of Ohio }

Delaware County.ss.} David W. Jones, being duly sworn and examined

as a witness in the above entitiled matter, says; I

was present at the execution of the instrument now shown to me, bearing

date the 15th day of October. A.D. 1890, and offered for probate as the last Will

and Testament of Nancy Phillips, late of Radnor Township, in said Coun:

ty of Delaware, deceased, and saw the said Nancy Phillips, now deceased,

sign and seal said instrument, and heard her acknowledge the same to be her

last Will and Testament; and I, thereupon, at her request, and in her presence

subscribed my name to the same as a witness. The said decedent at

the time of making, signing and sealing said instrument, was of full age

of sound mind and memory, and not under any restraint.

David W. Jones

Sworn to and subscribed by said witness in open Court, this 12th day

of November. A.D. 1890.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (112)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (112)

Description

[page 112]

[corresponds to page 83 of Delaware County Ohio Will Records Vol. 9 1890-93]


Nancy Phillips Will

Journal Entry

November. 12th 1890.

In the Matter of the Will of}

Nancy Phillips, deceased. } This day came David W. Jones, the other

subscribing witness to said Will, who being

duly sworn, testified to the due execution and attestation of said Will,

which testimony was reduced to writing by him 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 Phillips, de:

ceased, That the same was duly executed and attested, and that the

said Testatrix, at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any restraint.

It is, therefore, 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, as well as the proceedings had thereon,

entered of record in this Court.

N.F. Overturf

Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Nancy Phillips,

of Radnor Township, Delaware County, Ohio, of mature age and

of sound mind and memory, do make and publish the following

as my last Will and Testament.


Item 1st

I direct that all my just debts, including expenses of last sick:

ness and funeral expenses be paid out of my estate.

Item 2nd

I give, devise and bequeath to my Daughter Eliza Jane Baker

all the rest, and residue of my estate that may be left after the pay:

ment of my debts etc. as directed in the first item of this Will.

That is I give devise and bequeath to my said daughter Eliza Jane

Baker all the Real and personal property that I may own at the

time of my decease, subject to the payment of my debts etc. as afore:

said: ~ And my said daughter is to see that I have suitable

care nursing etc. during the remainder of my natural lifetime.

I hereby revoke all former Wills or parts of Wills by me

heretofore made.

Witness my signature and seal, this 15th day of October -

in the year of our Lord One Thousand Eight Hundred and Ninety.

Nancy Phillips {Seal}


Signed by the said Nancy Phillips in our presence, and acknowledged

by her to be her last Will and Testament and in our hearing, and signed

by us as witnesses at her request and in her presence and in the

presence of each other on said October 18th 1890.

David W. Jones

William Prichard.


For record of Contract See Page 168.
Delaware County Ohio Will Records Vol. 9 1890-1893 (113)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (113)

Description

[page 113]

[corresponds to page 84 of Delaware County Ohio Will Records Vol. 9 1890-93]

84 Henry Behrens Will

4797 Journal Entry

November 20th 1890

In the Matter of the Authenticated }

Copy of the Last Will and Testament }

of Henry Behrens - late of Marion }

County. Ohio. Deceased. } An authenticated copy of the last

Will and Testament of Henry

Behrens, late of Marion County, Ohio, deceased, and the order

of probate of same, in said County - were there day presented to this

Court for record. Whereupon, the Court finding that certain

real estate devised by said Will is situated in Delaware County

hereby admits said copies to record, as provided by law, in such cases.


Will

In the name of the benevolent Father of All:

I Henry Behrens of Prospect Township, Marion County,

Ohio, do make and publish this my last Will and Testament

1st I give to my son Frank the farm on which I now reside Sit:

uated in Prospect Towhship, Marion County, Ohio, and all of the

horses on the place, (Provided)

If there is more than two horses Frank shall give my Daughter

Emma one and the balance whatever the number is shall be his,

also one half of the cattle, one half of the hogs, and one half of the House:

hold furniture. Bed and Bedding he giving one half to his sister Em-

ma and retaining one half himself, as they may divide it.

Also give to Frank all farming implements on said farm such waggon

harness Mower Reaper and all such on the farm.

2nd I give to my Daugher Emma the fifty acres laying on the

State Road in Thompson Township- Delaware County Ohio and

Four of the Wood land joining Levi Knachel on the west and the south

line of said four acres running East and West shall commenced twenty

feet south of the North West corner of the fifty acre Lot lying on the

State road, and run West for enough that when the west line is

run north to land owned by Haywood Morison, that it will contain

four acres of the Woods land.

3rd I give to my daughter Ella the remaining forty one acres of the

forty five acre Lot situated in Thompson Township, Delaware Coun:

ty- Ohio.

It is my will that my son Frank and Daugher Emma pay

all my just debts.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 28th day of September in the year 1889.

H. Behrens.


Signed and acknowledged by said Henry Behrens as his last
Delaware County Ohio Will Records Vol. 9 1890-1893 (114)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (114)

Description

[page 114]

[corresponds to page 85 of Delaware County Ohio Will Records Vol. 9 1890-93]


Henry Behrens Will 85


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

presence.

Alvin D. Mohr

John W. Statler


In the Matter of the last Will } In Probate Court - Marion County, Ohio-

and Testament of Henry Behrens } Will Presented- Proven and Admitted to

Deceased. } Probate and Record-

July 5th A.D. 1890.

The last Will and Testament of Henry Behrens late of Prospect Town:

ship in this County- deceased, was this day presented to the Court for

probate and record, and it appearing to the Court that all the next

of kin of said decedent, have been duly notified of the presentation of

said Will for probate and are now present in Court.

Thereupon Alvin D. Mohr and John W. Stattler subscribing witnesses

to said Will appeared in open Court and were duly sworn and examin:

ed according to law, and their testimony thereon was reduced to writ:

ing and filed. ~ And it appearing to the Court from the testimony

so taken that said Will was duly executed and attested, and that

at the time of executing the same the testator was of full age and

of sound mind and memory and not under any restraint, the Court

now admit the said Will to Probate, and order that the same to:

gether with the testimony as taken, be recorded according to the

Statute in wuch cases made and provided.

J.H. Criswell, Probate Judge.


Certificate of Will

The State of Ohio }

Marion County. } I, J.H. Criswell, Sole Judge and ex-Of:

for the County of Marion do hereby certify that the foregoing is a true

copy of the last Will and Testament of Henry Behrens, deceased,

late of said Marion County, Ohio, together with the entry of probate

thereof, as the same remains on file and probate (and record) in said

Court, and in my custody

In witness whereof, i have hereunto set my

hand and affixed the seal of said Probate Court at Marion Ohio

this 18th day of November. A.D. 1890.

J. H. Criswell

{Seal} Probate Judge and

ex Officio Clerk.

Will Probated. July 5 A.D. 1890.

Will Recorded Vol. b. Page 397.
Delaware County Ohio Will Records Vol. 9 1890-1893 (115)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (115)

Description

[page 115]

[corresponds to page 86 of Delaware County Ohio Will Records Vol. 9 1890-93]


Application for Probate of Will

the State of Ohio } In Probate Court

Delaware County ss. }

In the Matter of the last }

Will and Testament of } Application to Court to Probate

Hannah Wilson, deceased

To the N.F. Overturf Judge of the Pro=


bate Court in and for said County:

Your petitioner respectfully represents that


Hannah Wilson late a resident of the Township of Delaware in


said County died on or about the 24th day of August A. D. 1890 leav:

ing an instrument in writing, hereto attached, purporting to be her last

Will and Testament: That the said Hannah Wilson died leaving

William Wilson widower and no persons her only next of kin resident

of the State of Ohio:

Your petitioner prays that a time may be fixed for the proving of

said Will.

Wm Wilson

The foregoing application was signed in my presence and sowrn to before

me, this 1st day of September A.D. 1890

{Seal} N.F. Overfurf

Probate Judge

I, the undersigned widower of the within named decedent, hereby waive

further notice and consent to the probate of said Will.

Dated this 1st day of September A.D. 1890

Wm Wilson

Journal Entry

September 1st 1890

In the Matter of the Will }

of: Hannah Wilson, deceased }

This day an instrument of writing, purport:

ing to be the last Will and Testament of Hannah Wilson, late of

Delaware Township, in this County deceased, was produced in open

court for Probate: On Consideration Whereof, it is ordered that

the said Will be filed in this Court. And thereupon came Wm Wil:

son - widower of Hannah Wilson, deceased, and in writing, waived Notice

and consented to the Probate of said Will there being no next of kin

resient of the State of Ohio

And it appearing to the Court that S.C. Westcott and C. H. Cline

the subscribing witnesses to said Will are residents of Allegheny Coun:

ty. Pennsylvania and are without the jurisdiction of this Court,

it is therefore ordered that a commission, with the Will annex:

ed, issue herein to John McCready of Allegheny County, Penn:

sylvania, directing him to take the depositions of said subscribing
Delaware County Ohio Will Records Vol. 9 1890-1893 (116)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (116)

Description

[page 116]

[corresponds to page 87 of Delaware County Ohio Will Records Vol. 9 1890-93]



Hannah Wilson Will



witnesses, and return the same, duly certifed, with all convenient

speed to this Court.

N.F. Overturf

Probate Judge

"Copy of Will"

In the name of God Amen.

I, Hannah Wilson of the Borough of Chartiers, in the Coun:

ty of Allegheny and State of Pennsylvania, being of sound mind,

memory, and understanding, do make and publish this my last

Will and Testament in manner and form following:

I give, devise and bequeath unto my beloved Husband William

Wilson his heirs and assigns forever, all my property, real personal,

and mixed, of what nature or kind soever and wheresoever the same

shall be at the time of my death.

And I do nominate, constitute and appoint my said Husband

William Wilson, sole Executor of this my last will and testament

In witness whereof, I, Hannah Wilson, the Testatrix, have to

this my will written in one sheet of paper, set my hand and seal, this

25th day of April. A.D. one thousand Eight hundred and Eighty

three.

Signed, sealed published and }

declared by the above named } Hannah Wilson {Seal}

Hannah Wilson as and for }

her last Will and Testament, } S. C. Wescott

in the presence of us who have } C. H. Cline

hereunto subscribed our names } C.A. Shannon

at her request as witnesses }

thereto in presence of the said }

Testatrix and of each other }

Commission Filed Oct 15/90 - not executed

To take Testimony of: Witnesses to Will

The State of Ohio }

Delaware County ss. } J. John McCready, Gretting:

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 S. C. Wescott and C.H. Cline subscribing

witnesses to the last Will and Testament of Hannah Wilson here:

to 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 that said S.C. Wescott and C.H. Cline

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 Hannah Wilson and that you reduce such

examination to writing, and return the same, together with this
Delaware County Ohio Will Records Vol. 9 1890-1893 (117)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (117)

Description

[page 117]

[corresponds to page 88 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will


Commision and the Will of the said Hannah Wilson thereto an:

nexed, closed up under your seal, into our said Probate Court, with all

convenient speed.

In Testimony Where of, I, N.F. Overturf, Judge

of the said Court, have hereunto set my hand and affixed the seal of

said Court, at Delaware Ohio, this 1st day of September A.D.

1890

N.F. Overturf

{seal} Probate Judge

Journal Entry

October 15th 1890

In the Matter of the Will of: }

Hannah Wilson -deceased } The Commission heretofore issued herein to

take the testimony of S.C. Wescot and C.H.

Cline the subscribing witnesses to the Will of said Hannah Wilson

deceased, having been returned without being executed, for failure to find

the said S.C. Wescott and C.H. Cline. And it now appearing to the

Court that S.C. Wescott one of said subscribing witnesses is a resident

of Bellaire, Belmont County, Ohio and is without the jurisdiction of

this Court, it is therfore ordered that a Commission, with the Will an:

nexed issue herein to John A. Galleher of Bellaire Belmont Coun:

ty, Ohio - directing him to take the deposition of said subscribing witness, and

return the same, duly certified, with all convenient speed to this Court.

N.F. Overturf

Probate Judge


Commission

To take Testimony of: Witness to Will Filed Nov 1"/90

The State of Ohio } To John A. Galleher, Greeting:

Delaware County, ss. }

Know Ye, That we, in confidence of your prudence and

fidelity, have appointed you, and by these presents do give you full power and au:

thority to examine and take the deposition of S. C. Wescott one of the subscribing

witnesses to the last Will and Testament of Hannah Wilson hereto annexed

late of the County of Delaware, in the State of Ohio, deceased; and there:

fore we command you, that at certain, days and places appointed by you, you cause

the said S.C. Wescott to be brought before you and then and there to examine

him on oath or affirmation first taken before you touching the due exe:

cution of said Will of the said Hannah Wilson and that you reduce such

examination to writing, and return the same, together with this Com:

mission and the Will of the said Hannah Wilson therto annexed, closed up

under your seal, into our said Probate Court with all convenient speed.

In Testimony Wherefore, I, N.F. Overturf Judge of the said

Court, have hereunto set my hand and affixed the seal of said Court, at

Delaware Ohio, this 15th day of October A. D. 1890.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (118)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (118)

Description

[page 118]

[corresponds to page 89 of Delaware County Ohio Will Records Vol. 9 1890-93]



Hannah Wilson Will

Deposition of: Witness to Will Filed Nov 1/90

The State of Ohio } In the Matter of = the last Will and Testament

Belmont county ss. } of Hannah Wilson

Personally appeared before me John A. Galleher, Commissioner, S.C.

Wescott, one of the subscribing witnesses to the last Will and Testament

of Hannah Wilson late of Delaware Township in said Delaware

County, deceased, who being by me first duly sworn according to law,

to speak the truth, the whole truth, and nothing but the truth, in rela:

tion to the execution of said Will, deposes and says: That he was present

at the execution of the paper before him bearing date the 25th day of

April A.D. 1883, purporting to be the last Will and Testament of

Hannah Wilson now deceased, whose name is signed at the end there:

of, and at the request of said deceased, he subscribed his name to the same

as a witness in her presence; that he saw the said Hannah Wilson

sign and seal said Will, and heard her acknowledge the same to be her

last Will and Testament, and that the said Hannah Wilson at

the time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

S.C. Wescott

The State of Ohio }

Belmont County, ss. } I, John A. Gallaher, duly appointed and

commissioned by the Judge of the Probate

Court of the county of Delaware and the State of Ohio, to take

the testimony of S. C. Wescott one of the subscribing witnesses to

the last Will and Testament of Hannah Wilson, deceased, late a res:

ident of said County and State, which Commission, and the said

commission I caused the above named S.C. Wescott sub:

scribing witness as aforesaid to appear before me, at Bellaire

Ohio, on the 28th day of October, 1890, that he was first duly sworn

by me, according to law, to speak the truth, the whole truth, and

nothing but the truth; that I examined him in relation to the

execution of said Will and reduced his testimony to writing as above

set forth in his presence and that he signed the same in my pres:

ence, and I further certify that I am not Counsel, Attorney, or

Relative of any of the parties named in said Will, or otherwise

interested in the Probate thereof.

In witness where of I have

hereunto set my hand, this 28th day of October A. D. 1890.

John A. Gallaher

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (119)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (119)

Description

[page 119]

[corresponds to page 90 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Journal Entry

November 1st 1890 }

In the Matter of the Will of: }

Hannah Wilson, deceased } The Commission heretofore issued herein

to take the testimony of S.C. Wescott, one

of the subscribing witnesses to the Will of Hannah Wilson, deceased,

was this day returned, duly executed, and the same was filed herein.

And this matter is now continued until the 6th day of December.

A.D. 1890. to ascertain the residence of C.H. Cline, the other sub:

scribing witness to said Will.

N.F. Overturf

Probate Judge

Jounal Entry

December 6th 1890 }

In the Matter of the Will of: }

Hannah Wilson, deceased } It now appearing to the Court that C.

H. Cline, one of the subscribing witnesses

to said Will is a resident of Meadville, Pennsylvania, and is without

the jurisdiction of this Court, it is therefore ordered that a Commission

with the Will annexed, issue herein to H.M. Dickson of Meadvill

Pennsylvania, directing him to take the deposition of said subscribing

witness C.H. Cline, and return the same duly certifed, with all

convenient speed, to this Court.

N.F. Overturf

Probate Judge


Commission Filed Dec 26/90

To take Testimony of Witness to Will

The State of Ohio } J. H. M. Dickson, Greeting:

Delaware County, ss. }

Know Ye, That we, in confidence of your prudence

and fidelity, have appointed you, and by these presents do give you full power and

authority to examine and take the deposionn of C. H. Cline subscribing

witness to the last Will and Testament of Hannah Wilson hereto

annexed late of the County of Alleganey, in the State of Pennsylvania,

deceased; and therefore we command you, that at certin days and places ap:

pointed by you, you cause the said C.H. Cline 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 Hannah Wilson and that

you reduce such examination to writing, and return the same, together with

this Commission and the Will of the said Hannah Wilson thereto annexed,

closed up under your seal into our said Probate Court with all convenient speed

In Testimony Whereof, I, N.F. Overturf, Judge of the said

Court, have hereunto set my hand and affixed the seal of said Court, at

Delaware this 6th day of December A. D. 1890.


{Seal} N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (120)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (120)

Description

[page 120]

[corresponds to page 91 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Depositon of Witness to Will Filed Dec 26/90

The State of Pennsylvania } In the Matter of the last Will and Testament

Crawford County, ss. } Of Hannah Wilson

Personally appeared before me H. M. Dickson Commissioner, C.H.

Cline one of the subscribing witnesses to the last Will and Testament

of Hannah Wilson late of Delaware Township in said Delaware

County, deceased, who being by me first duly sworn according to law,

to speak the truth, the whole truth, and nothing but the truth, in rela:

tion to the execution of said Will, deposes and says: That he was pres:

ent at the exucution of the paper before him bearing date the 25th day of

April A. D. 1883 purporting to be the last Will and Testament of

Hannah Wilson now deceased, whose name is signed at the end

thereof, and at the request of said deceased, he subscribed his name to

the same as a witness in her presence; that he saw the said Han:

nah Wilson sign and seal said Will, and heard her acknowledge the

same to be her last Will and Testament, and that the said Hannah

Wilson was at the time of making, signing and sealing said Will, of

full age, of sound mind and memory, and not under any restraint.

C.H. Cline

The State of Pennsylvania }

Crawford County, ss. } I, H.M. Dickson, duly appointed and commis:

sioned by the Judge of the Probate Court,

of the County of Delaware and the State of Ohio, to take the tes:

timony of C. H. Cline one of the subscribing witnesses to the last Will

and Testament of Hannah Wilson, deceased, late a resident of said

County and State, which Commission, and the said Will are hereto an:

nexed, do hereby certify that in pursuance of said Commission I

caused the above named C.H. Cline subscribing witness as afore:

said to appear before me, at Meadville on the 23rd day of December 1890,

that he was first duly sworn by me, according to law, to speak

the truth, the whole truth, and nothing but the truth; that I ex:

amined him in relation to the execution of said Will, and reduced

his testimony to writing as above set forth in his presence and

that he signed the same in my presence, and I further certify

that I am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise interested in the

Probate thereof.

In witness whereof I have hereunto set my

hand, this 23rd day of December A.D. 1890.

H.M. Dickson

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (121)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (121)

Description

[page 121]

[corresponds to page 92 of Delaware County Ohio Will Records Vol. 9 1890-93]


Hannah Wilson Will

Journal Entry

December 26th 1890. }

In the Matter of the Will of: }

Hannah Wilson - deceased }

The Commission heretofore issued here:

in on Dec 6th 1890, to take the testimony of C.H. Cline, one of the

subscribing witnesses to said Will of Hannah Wilson, was this day

returned, duly executed, and the same was filed herein.

Whereupon the Court find that William Wilson, widower of said

Hannah Wilson, deceased, (there being no next of kin) has in

writing, consented to the probate of said Will and also finds from the

depositions filed herein of S.C. Wescott and C. H. Cline two of the

subscribing witnesses to said Will, that the aforesaid instrument of

of writing is the last Will and Testament of said Hannah Wilson

deceased. That the same was duly executed and attested, and that

the said Testatrix at the time of making, signing and sealing said will

was of full age, of sound mind and memory, and not under any restraint.

It is, therefore, by the Court ordered, that the said Will be ad:

mitted to probate, and that the same together with the depositions of

the witnesses above named, as well as the proceedings had thereon, be

entered of record in this Court.

Citation ordered and issued to William Wilson, widower of said de:

cedent to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (122)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (122)

Description

[page 122]

[corresponds to page 93 of Delaware County Ohio Will Records Vol. 9 1890-93]


Mary Cleveland's Will

Journal Entry


November 24th 1890 }

In the Matter of the Will of: }

Mary Cleveland - deceased } This day, an instrument of writing, pur:

porting to be the last Will and Testament,

of Mary Cleveland, late of Marlborough Township, in this Coun:

ty, deceased, was produced in open Court for probate; on consideration

whereof, it is ordered that the said Will be filed in this Court

and that due notice thereof and of the application to admit to the

same to probate and record, be given to A. B. Cleveland.

Josiah Osborne - Addison Osborne - Jefferson Osborne -

James Osborne - Bell Owen and Bell Griffiths,

(Silas H. Cleveland and W. B. Cleveland having in writing

waived Notice and consented to the probate of said Will) next

of kin of the Testatrix, resident of the State of Ohio, that said

application will before hearing before this Court on the 10th day

of December A. D. 1890, at 10 o'clock A.M.

N.F. Overturf

Probate Judge

Application for Probate of Will Filed Nov 24/90

The State of Ohio } In Probate Court

Delaware County ss. }

In the Matter of: the Last } Application to Admit to Probate

Will and Testament of: }

Mary Cleveland - deceased }

To the Hon. N.F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Mary Cleveland late a resident of the Township of Marlborough

in said County, died on or about the 29 day of October A. D. 1890.

leaving an instrument in writing, hereto attached, purporting to be

her last Will and Testament: That the said Mary Cleveland

died leaving no widower and the following named persons her only next of

kin resident of the State of Ohio.

Name Degree of Kinship P.O. Address

Silas H. Cleveland Son Norton Ohio

A.B. Cleveland " Columbus Ohio

W.B. Cleveland " Norton Ohio

Josiah Osborne " Cincinnati O

Addison Osborne Grand Son Cleveland O

Jefferson Osborne " " Marion O

James Osborne " " " "

Bell Owen Grand Daughter Owen Station O.

Bell Griffith " " Kenton O
Delaware County Ohio Will Records Vol. 9 1890-1893 (123)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (123)

Description

[page 123]

[corresponds to page 94 of Delaware County Ohio Will Records Vol. 9 1890-93]

Mary Cleveland's Will

Your petitioner prays that a time may be fixed for the hearing of said

Will, and that said above named persons may be notified accord-

ing to law of the pending of said proceedings

S. H. Cleveland

The foregoing application was signed in my presence and sworn to before

me this 24th day of November A.D. 1890

N. F. Overturf

{Seal} Probate Judge

We the undersigned next of kin of the within named decedent hereby

waive further notice and consent to the probate of said Will

Dated this 27 day of November A.D. 1890

S. H. Cleveland

W. B. Cleveland

Notice

The State of Ohio } In Probate Court

Delaware County ss. }

In the Matter of the last Will and Testa-

ment of Mary Cleveland deceased.

Silas H. Cleveland

You are hereby commanded to no-

tify A. B. Cleveland, Josiah Osborne, Addison Osborne, Jef-

ferson Osborne and James Osborne Bill Owen Bell Grif-

fith that on the 24th day of November A.D. 1890 an instrument

of writing purporting to be the last will and Testament of Mary

Cleveland late of Marlborough Township in said County deceased

was produced in said Court and an application to admit the same

to probate was on the same day made in said Court. Said appli-

cation will be for hearing before this Court on the 10th day of Decem-

ber A.D. 1890 at 10 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware Ohio this 24th day of November A.D. 1890

N. F. Overturf

{Seal} Probate Judge


Proof of Service filed Dec. 10/90

The State of Ohio }

Delaware County ss. } Silas H. Cleveland being duly sworn says

that on the 26 & 28 days of November A.D. 1890

and on the 1 & 2 days of December 1890 he served the within order by de-

livering a true copy thereof to the within named persons respectively

Alexander B. Cleveland. Josiah Osborne. Bill Griffiths, Bill

Owens James Osborne and Jefferson Osborne -

Addison Osborne not served

S. H. Cleveland
Delaware County Ohio Will Records Vol. 9 1890-1893 (124)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (124)

Description

[page 124]

[corresponds to page 95 of Delaware County Ohio Will Records Vol. 9 1890-93]

` 95

Mary Cleveland's Will

Subscribed in my presence and sworn to before me this 10th day

of December A.D. 1890

N. F. Overturf

Probate Judge

Journal Entry

December 10th 1890

In the Matter of the Will }

of Mary Cleveland deceased }

Be it remembered that heretofore to wit

on the 24th day of November A.D. 1890 an instrument of writing

purporting to be the last Will and Testament of Mary Cleveland

late of Marlborough Township in this County deceased 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 A. B.

Cleveland, Josiah Osborne, Jefferson Osborne, James

Osborne - Belle Owen and Belle Griffiths Silas

H. Cleveland and W. B. Cleveland having waived Notice ) next

of kin of the Testatrix resident of the State of Ohio pursuant

to a former order of this Court.

And it appearing to the Court that Addison Osborne has

not had service upon him this matter is continued until the 20th

day of January A.D. 1891. at 10 o'clock A.M. to obtain ser-

vice upon said Addison Osborne

N. F. Overturf

Probate Judge

Notice

The State of Ohio } In Probate Court

Delaware County ss. }

In the matter of the last Will and Testament

of Mary Cleveland deceased

To Silas H. Cleveland

You are hereby commanded to notify

Addison Osborne that on the 24th day of November A.D. 1890

an instrument of writing purporting to be the last Will and Testament

of Mary Cleveland late of Marlborough Township in said County

deceased, was produced in said Court and an application to admit

the same to probate was on the same day made in said Court

Said application will be for hearing before this Court on the 2nd

day of January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Pro-

bate Court at Delaware Ohio this 10th day of December A.

D. 1890.

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (125)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (125)

Description

[page 125]

[corresponds to page 96 of Delaware County Ohio Will Records Vol. 9 1890-93]

96

Mary Cleveland's Will

Proof of Service Filed Dec 27/90

The state of Ohio }

Delaware County ss. } Silas H. Cleveland being duly sworn

that on the 22 day of Dec. A.D. 1890

served the within notice by delivering a true copy thereof to the

named Addison Osborne

S. H. Cleveland -

Subscribed in my presence and sworn to before me this 27th day of

December A.D. 1890

{Seal} N. F. Overturf

Probate Judge


Journal Entry

January 2nd 1891.

In the Matter of the Will of }

Mary Cleveland deceased }

This day this matter came on to be

heard and the Court being satisfied 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 Addison Osborne as here

before ordered on the 10th day of December A.D. 1890.

And it appearing to the court that Stephen L. Grigsby and Wm.

H. Miller the subsacribing witnesses to said Will are residents of

Circleville, Pickaway County Ohio and are without the juris-

diction of this Court it is therefore ordered that a commission

with the Will annexed issue herein to A. A. J. Grigsby of

Circleville Pickaway County Ohio directing him to take the

depositions of said subscribing witnesses and return the same, duly

certified, with all convenient sped to this Court.

N. F. Ovwerturf

Probate Judge


Commission Filed Jan 8/91

To Take Testimony of Witnesses to Will

The State of Ohio }

Delaware County ss. }

To A. J. Grigsby; Greeting.

Know ye that we, in confi-

dence 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 Stephen S. Grigsby and Wm. H.

Miller subscribing witnesses to the last Will and Testament of

Mary Cleveland thereto annexed, late of the County of Dela-

ware in the State of Ohio, deceased; and therefore we command

you that at certan days and places appointed by you, you cause

the said Stephen S. Grigsby and Wm. H. Miller to be

brought before you and then and there to examine them on oath
Delaware County Ohio Will Records Vol. 9 1890-1893 (126)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (126)

Description

[page 126]

[corresponds to page 97 of Delaware County Ohio Will Records Vol. 9 1890-93]

97

Mary Cleveland's Will

or affirmation first taken before you, touching the due execution

of said Will of the said Mary Clveland and that you re-

duce such examination to writing and return the same to-

gether with this Commission and the Will of the said Mary

Cleveland thereto annexed, closed up under your seal, into

our said Probate Court with all convenient speed

In Testimony Whereof, I, N. F. Overturf

Judge of the said Court have hereunto set my hand and

affixed the seal of said Court, at Delaware Ohio this

2nd day of January A.D. 1891.

N. J. Overturf

{Seal} Probate Judge

Copy of Will

In the name of the Benevolent Father of All

I Mary Cleveland of the City of Circleville in the

County of Pickaway and State of Ohio being of sound and dis-

posing mind and memory do make and publish this my last

will and testament

Item First - I desire that all my just debts and funeral expenses be

first paid.

Item Second - I give and bequeath to Alexander B. Cleveland, Silas H.

Cleveland and William B. Cleveland, my children by my second

husband, all my property of every kind and description, that may

be left after the payment of my just debts and funeral expenses

the same to be divided equally among them.

Item Third - My children by my first husband having received their por-

tion of their father's estate, I desire that they shall not re-

ceive any portion of my estate

Item Fourth - I hereby nominate and appoint Silas H. Cleveland

executor of this my last will and testament.

I hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal

this 14th day of November A.D. 1883

her

Mary X Cleveland {Seal}

mark


Signed and acknowledged by the said Mary Cleveland, as

her last Will and Testament in our prsence, and at her re-

quest signed by us in her presence

Stephen L. Grigsby

Wm. H. Miller
Delaware County Ohio Will Records Vol. 9 1890-1893 (127)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (127)

Description

[page 127]

[corresponds to page 98 of Delaware County Ohio Will Records Vol. 9 1890-93]

98

Mary Cleveland's Will

Deposition of Witnesses to Will Filed Jan 8/91

The State of Ohio } In the Matter of the last Will and Testament of

Pickaway County ss. } Mary Cleveland

Personally appeared before me A. J. Grigsby Commissioner Steph-

en L. Grigsby and Wm. H. Miller subscribing witnesses to the last Will

and Testament of Mary Cleveland late of Marlborough Township in said

Delaware County deceased, who being by me first 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 they were present at the execution of the paper before them bear-

ing date the 14th day of November A.D. 1883, purporting to be the

last Will and Testament of Mary Cleveland now deceased whose name

is signed at the end thereof and at the request of said deceased, subscribed

their names to the same as witnesses in her presence, that they saw

the said Mary Cleveland sign and seal said Will and heard her ac-

knowledge the same to be her last Will and Testament and that the said

Mary Cleveland at the time of making, signing and sealing said

Will was of full age, of sound mind and memory and not under any

restraint.

Stephen L. Grigsby

Wm. H. Miller

The State of Ohio }

Pickaway County ss. } I, A. J. Grigsby duly appointed and comis-

sioned by the Judge of the Probate Court of

the County of Delaware and the State of Ohio to take the tes-

timony of Stephen L. Grigsby and Wm. H. Miller subscribing

witnesses to the last Will and Testament of Mary Cleveland, deceased

late a resident of said County and State which Commission and

the said Will are hereto annexed, do hereby certify that in pursuance

of said Commission I caused the above named Stephen L.

Grigsby and Wm. H. Miller subscribing witnesses as aforesaid to

appear before me at Circleville, Ohio on the Fifth day of Jan-

uary 1891, that they were first duly sworn by me, according to law,

to speak the truth, the whole truth and nothing but the truth that

I examined them in relation to the execution of said Will and

reduced their testimony to writing as above set forth in their pres-

ence and that they signed the same in my presence and I further

certify that I am not Counsel, Attorney or Relative of any of

the parties named in said Will, or otherwise interested in the

Probate thereof.

In witness whereof I have hereunto set my hand

this Fifth day of January A.D. 1891

A. J. Grigsby

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (128)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (128)

Description

[page 128]

[corresponds to page 99 of Delaware County Ohio Will Records Vol. 9 1890-93]

99

Mary Cleveland's Will

Journal Entry

January 8th 1891

In the Matter of the Will }

of Mary Cleveland - deceased }

The Commission heretofore issued herein

to take the testimony of Stephen L. Grigsby and Wm. H. Miller

the said subscribing witnesses to the Will of said Mary Cleveland

deceased was this day returned duly executed and the same was

filed herein

Whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Mary Cleveland,

deceased. That the same was duly executed and attested and

that the said Testatrix at the time of making, signing and sealing

said Will was of full age, of sound mind and memory and not

under any restraint. It is therefore by the Court ordered that the

said Will be admitted to probate and that the same together

with the depositions of the witnesses above named as well as the pro-

ceedings had thereon, be entered of record in this Court

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (129)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (129)

Description

[page 129]

[corresponds to page 100 of Delaware County Ohio Will Records Vol. 9 1890-93]

100

George D. Williams Will

4 8 14 Journal Entry

January 5th 1891 }

In the Matter of the Will of }

George D. WIlliams, deceased } This day an instrument of writing pur-

porting to be the last Will and Testa-

ment of George D. Williams, late of Harlem Township in this

County, deceased, was produced in open Court for Probate. In Con-

sideration Whereof it is 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 Hannah Williams, widow,

and Anna Miller - Caroline Moore - Mitchel S. Williams hav-

ing in writing waived Notice and consented to the probate of said Will

next of kin of the Testator, resident of the State of Ohio that said

application will be for hearing before this Court on the 9th day of Jan-

uary A.D. 1891, at ten o'clock A.M.

N. F. Overturf

Probate Judge


Application for Probate of Will Jany. 5th 1891

The State of Ohio }

Delaware County ss. } In Probate Court

In the Matter of the last Will }

and Testament of George D. } Application to Admit to Probate

Williams - deceased }
To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County

Your petitioner respectfully represents

that George D. Williams late a resident of the Township

of Harlem in said County decd on or about the 29th day of De-

cember A.D. 1890 leaving an instrument in writing hereto attached,

purporting to be his last Will and Testament: That the said

George D. Williams died leaving Hannah Williams widow

and the following named persons his only next of kin resident of the

State of Ohio

Name Degree of Kinship P. D. Address

Anna Miller Daughter Harlem Ohio

Caroline Moore " Gahanna "

Kate Keeler " Ogden Utah

Anna Williams

James L. Williams McDonald Kans.

Mitchel L. Williams Harlem Ohio


{Anna Williams }

{and her heirs Legatees }

Your petitioner prays that a time may be fixed for the proving
Delaware County Ohio Will Records Vol. 9 1890-1893 (130)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (130)

Description

[page 130]

[corresponds to page 101 of Delaware County Ohio Will Records Vol. 9 1890-93]

101

George D. Williams Will


of said Will and that said above named persons may be notified ac-

cording to law of the pending of said proceedings

Mitchel L. Williams

The foregoing application was signed in my presence and sworn

to before me this 5th day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Waiver

We, the undersigned next of kin of the within named deceased,

hereby waive further notice and consent to the Probate of said

Will:

Dated this 5th day of January A.D. 1891.

Mitchel L. Williams

Notice Ret'd. Jany. 9/91

The State of Ohiho } In Probate Court

Delaware County ss. }

In the Matter of the last Will and

Testament of George D. Williams, deceased.

To Mitchel L. Williams

You are hereby comanded to not-

ify Anna Miller - Caroline Moore and Hannah Wil-

liams widow that on the 5th day of January A.D. 1891, an in-

strument of writing purporting to be the last Will and Testament

of George D. Williams late of Harlem Township, in said

County - deceased, was produced in said Court, and an applica-

tion to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this

Court on the 9th day of January A.D. 1891, at 10 o'clock A.

M.

Witness my hand and the seal of said Probate Court,

At Delaware, Ohio this 5th day of January A.D. 1891.

{Seal} N. F. Overturf

Probate Judge


We the undersigned persons within named hereby acknowledge

service of the within notice this 6th day of January A.

D. 1891.

A. A. Miller

Caroline Moore

Hannah Williams
Delaware County Ohio Will Records Vol. 9 1890-1893 (131)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (131)

Description

[page 131]

[corresponds to page 102 of Delaware County Ohio Will Records Vol. 9 1890-93]

102

George D. Williams Will

Probate of Will Filed, Jany 19/91


The State of Ohio } In Probate Court

Delaware County,ss.}

Personally appeared in open Court Amanda

Carter and M.P. Carter the subscribing witness to the last Will

and Testament of Geo. D. Williams, late of Harlem Township

in said Delaware 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 execution of the Will, depose and say: That the

paper before them bearing date the 25th day of August. A.D. 1887.

purporting to be the last Will and Testament of George D. Wil:

liams 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 Geo. D. Wil:

liams deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Geo. D. Williams at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under

any restraint.

Amanda Carter

M.P. Carter

Sworn to and subscribed by said wintesses, in open Court, this 9th

day of January. A.D. 1891

N.F. Overturf

{Seal} Probate Judge


Journal Entry

January. 9th 1891

In the Matter of the Will }

of George D. Williams, deceased} Be it remembered, that heretofore, to wit:

on the 5th day of January. A.D.

1891, an instrument of writing, purporting to be the last Will and Tes:

tament of George D. Williams, late of Harlem 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 appli:

cation to admit the same to probate and record in this Court: had

been given to Hannah Williams, widow, Anna Miller- Caroline

Moore and Mitchel L. Williams next of kin of the Testator, resi:

dent of the State of Ohio pursuant to a fomer order of this Court,

thereupon, on this day came Amanda Carter and M.P. Carter

the subscribing witnesses to said Will, who being duly sworn 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 Testament of

said George D. Williams, deceased. That the same was
Delaware County Ohio Will Records Vol. 9 1890-1893 (132)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (132)

Description

[page 132]

[corresponds to page 103 of Delaware County Ohio Will Records Vol. 9 1890-93]

George D. Williams Will 103

duly executed and attested, and that the said Testator, at the time of

making, signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. 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,

as well as the proceeding had thereon, be entered of record in this

Court.

Citation ordered and issued to Hannah Williams, widow of

said decedent to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge.


Copy of Will

In the name of the Benevolent Father of All, I, George D.

Williams of Harlem 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 Hannah Williams all of

my estate both personal and real during her natural life after

paying all my just debts.

Item 2nd

At the death of my said wife I give and devise that the remain:

der of my estate shall be devided equley between my Children.

Anna Miller- Carlina Moor Kate Keeler Anna Wil:

liams and her Heirs and Mitchel L. William.

Item 3rd

I do hereby nominat and appoint James L. Williams and Mitch:

el L. Williams Executors of this my last Will and Testament

Hereby authorizing and empowering them to compromise, adjust

release and discharge in such manner as they may deem

propper the debts and Claims due me

In testimony hereof I have hereunto set my hand and seal

this 25th day of August in the year 1887.

Geo. D. Williams - {Seal}

Signed and acknowledged by said George D. Williams as his

last Will and Testament in our Presence and signed by us in

his Presence

Amanda Carter

M.P. Carter-
Delaware County Ohio Will Records Vol. 9 1890-1893 (133)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (133)

Description

[page 133]

[corresponds to page 104 of Delaware County Ohio Will Records Vol. 9 1890-93]


104 John M. Edwards Will

1816 Journal Entry

January. 12th 1891.

In the Matter of the Will}

of John M. Edwards ~. }

An authenticatd copy of the last Will

and Testament of John M. Edwards - late of Fayette Coun:

ty, Ohio, deceased, and of the order of probate of the same, in said

County, were this day presented to this Court for record.

Whereupon, the court, finding that certain real estate devised by

said Will, is situated in this County. hereby admits said copies

to record, as provided by law in such cases.

N.F. Overturf

Probate Judge


Copy of Will of

John M. Edwards - Deceased.

The Last Will and Testament of John M. Edwards.

I John M. Edwards, of Marlboro Mass, but now temporarily of

Fayette County. Ohio, being of sound and disposing mind and memory

and knowing the uncertainty of life, revoking all former Wills, do here:

by declare my Last Will and Testament as follows:


Item 1.

I wish all my just debts to be paid out of the first proceeds of my

estate, including those mentioned in a written memorandum signed

by me and attached to this Will.

Item 2.

I have in my keeping belonging to my wife Amelia S. Edwards,

about ninety nine hundred (9900) Dollars more or less, according

to a book account kept in my own hand writing, and now in her pos:

session. This I direct to be paid to her in full before the bequests

hereinafter mentioned are paid even in part. There is a Paid

up Policy on my life in the Mutual Benefit of Newark N.J.

(already secured to her by me) of eight Hundred and thirty three

(833) dollars. I would make further provision for her, but that

she is possessed of other property in her own right - she knowing and ap:

proving the provisions of this will.

Item 3.

I give to my son William Henry Edwards the Two Thous:

and Dollars which he now has, belonging to me, and for which I hold

his note.

Item 4.

I give and bequeath to my son Charles Wellington Edwards,

my lot with buildings thereon situated in Delaware Ohio, convey:

ed to me by deed recorded in Vol 88. Page 32. Delaware Co. Ohio

Records.

Item 5.

I give and bequeath the remainder of my estate in equal shares

to my two sons aforesaid in which division my son Charles W.

is to take my farm situated near Bloomingberg Ohio at a

valuation of Six Thousand Dollars - said farm being convey:

ed to me by deeds recorded in Vol. 'H' page 56 and in Book 7.

page 154 etc. Fayette Co. Records should my personal estate, exclu-

sive of the $2000 ~ bequeathed in item 3 not equal Six thousand
Delaware County Ohio Will Records Vol. 9 1890-1893 (134)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (134)

Description

[page 134]

[corresponds to page 105 of Delaware County Ohio Will Records Vol. 9 1890-93]

John M. Edward's Will 105

dollars, the division provided for in this item to be delayed until

it does.

Item 6.

I direct that there be no inventory made of my chattel except money or the
estates property

or sale of it ~ but that it be distributed in accordance with any

written memorandum that I may hereafter make and sign for

that purpose, or in the absence of such memorandum, as my wife may

judge best.

Item 7.

I hereby appoint my two sons William H. and Charles W. Ed:

wards, executors of this my Last Will and Testament, and request

that their bonds be accepted without sureties

Item 8.

I wish this Will to be admitted to probate and record in Fay-

ette County, and an authenticated Copy to be recorded in Dela-

ware Ohio County records.

In testimony whereof I hereto sign my name this

Fourth day of July. 1890.

John M. Edwards


We hereby certify that John M. Edwards being personally known

to us, in our presence acknowledged the signing of the foregoing in:

strument of writing, declaring it to be his last Will and Testa:

ment, and we in the presence of him and of each other hereto sign

our names, this Fourth day of July, 1890. Interlination in

Item 6 made before acknowledgedment.

Henry H. Edwards

James M. Edwards


My Debts as referred in Item 1 of my Will of this date:

1. I have in my hands and owe about $1867 Dollars more or less,

belonging to Sarah Blance Waddell as the Legatee of Arabella

W. Waddell, as per her Will. Highland County. Probate Nov.

8. 1875. the same being shown in my account with the estate.


2. I owe Charles E. Wright of Marlborough Mass. Twenty two

Hundred (2200) Dollars, with interest as per my note to him

John M. Edwards.


Journal I. Page 487


In the Matter of the Will of} In Probate Court of Fayette

John M. Edwards deceased } County Ohio.

November 26' 1890.

This day an instrument of writing purporting to be the last Will

and Testament of John M. Edwards late of Marlborough Mass.

deceased, was produced in open Court for probate. On consideration

Whereof it is ordered that said Will be filed in this Court, and

that due Notice thereof and of the application to admit the same to pro:
Delaware County Ohio Will Records Vol. 9 1890-1893 (135)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (135)

Description

[page 135]

[corresponds to page 106 of Delaware County Ohio Will Records Vol. 9 1890-93]

106 John M. Edwards' Will

bate and record be given to Amelia S. Edwards, widow of said John

M. Edwards, whose Post Office address is Marlborough Mass.

and William H. Edwards son of said decedent whose Post Office

address is Chicago Ill. and Charles W. Edwards son of said decedent

whose Post Office address is Delaware Ohio. All the next of kin

of the Testator resident as aforesaid that said application will be for

hearing before this Court on the 10th day of December 1890. at 10 o'clock

A.M.

Thos. D. McElwain

Probate Judge.


And aftgerwards to wit on the 5" day of December A.D. 1890.

Waiver of Amelia S. Edwards was filed herein words and figure

following, to wit:

We Amelia S. Edwards of Marlborough Mass. widow of

John M. Edwards of said place deceased, Wm. H. Edwards

of Chicago Illinois and Charles W. Edwards of Delaware

Ohio sons of said John M. Edwares, deceased, hereby waive

Notice of the time and place of Probate of the Last Will and Tes

tament of said John M. Edwares, decd. And consent to the Pro:

bate thereof at the Probate Court of Fayette County Ohio on the

13" day of December A.D. 1890. Hereby waiving any question of the

place of Original Probate there may be, and asking the Probate

Court of said County and State to take the testimony of Witness:

es and enter said Will of Probate in said County in accordance

with the laws of the State of Ohio at the time named herein as

per request of Testator.

Witness our hands this first day of December A.D. 1890

Amelia S. Edwards.

And afterwards on said 5" day of December A.D. 1890.

Waiver of Charles W. Edwards was filed herein in words and fig:

ures following to wit:

We Amelia S. Edwards of Marlborough Mass, widow of John

M. Edwards of said place deceased, Wm. H. Edwards of Chi:

cago Illinois and Charles W. Edwards of Delaware Ohio

sons of said John M. Edwares deceased, hereby waive Notice of

the time and place of Probate of the Last Will and Testament of

said John M. Edwards deceased and consent to the Probate there:

of at the Probate Court of Fayette County Ohio on the 13"

day of December. A.D. 1890. hereby waiving any question of

the place of original Probate there may be, and asking the Pro:

bate Court of said County and State to take the testimony of

witnesses and enter said Will of Probate in said County in

accordance with the laws of the State of Ohio at the time

named herein as per request of Testator.

Witness our hands this 2" day of December A.D. 1890.

Charles W. Edwards
Delaware County Ohio Will Records Vol. 9 1890-1893 (136)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (136)
Delaware County Ohio Will Records Vol. 9 1890-1893 (137)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (137)

Description

[page 137]

[corresponds to page 108 of Delaware County Ohio Will Records Vol. 9 1890-93]

108 John M. Edwards Will

before me.

Thos. D. McElwain

Probate Judge


Testimony of Witness to Will

The State of Ohio Fayette County, ss.

Henry H. Edwards being duly sworn and examined as a wit:

ness in the above entitled matter says: I was present at the execu:

tion of the instrument now shown to me bearing date the 4th day of Ju:

ly A.D. 1890 and offered for probate the Last Will and Testament of

John M. Edwards now deceased sign said instrument and heard

him acknowledge the same to be his last Will and Testament and I

thereupon at his request and in his presence subscribed my name to the

same as a witness. The said decedent at the time of so executing

said instrument was upwards of 21 years of age was of sound mind

and memory and not under any restraint.

Henry H. Edwards.

Sworn to and subscribed this 13th day of December A.D. 1890. before me

Thos. D. McElwain

Probate Judge.


And Afterwards, to wit on said 13th day of December. A.D. 1890

the findings and orders of this Court relative to the last Will and

Testament of John M. Edwards deceased were entered on the

Journal in words and figures following, to wit:


In the Matter of the Will of: } December 13th 1890.

John M. Edwards deceased. }

Be it remembered that heretofore to-wit:

on the 26th day of November A.D. 1890. an instrument of writing

purporting to be the last Will and Testament of John M. Ed:

wards late of Marlborough Mass. 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 has

been waived by all the next of kin of the Testator, to-wit:

Amelia S. Edwards widow of testator, and William H. Ed:

wards and Charles W. Edwards sons of the testator whose wai:

vers and consent to probate are filed with said Will in this

Court. Therefore on this day came James M. Edwards and

Henry H. Edwards 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 is the last

Will and Testament of said John M. Edwards, 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (138)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (138)

Description

[page 138]

[corresponds to page 109 of Delaware County Ohio Will Records Vol. 9 1890-93]

John M. Edwards Will. 109

of sound mind and disposing 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 and the waivers of the next

of kin as well as the proceedings had thereon be entered of record in

this Court.

Thos. D. McElwain

Probate Judge


Certificate to Copies

The State of Ohio} Probate Corut

Fayette County.ss}

I, Thos. D. McElwain Judge and Ex-Of:

ficio Clerk of the Probate Court, within and for the County of

Fayette and State of Ohio, do hereby certify that the foregoing is a

true copy of the Last Will and Testament of John M. Edwards late

of Marlborough Mass. deceased and of all Journal Entries of Probate

thereof together with all papers and orders of this Court in the matter

of the Probate of the same as the same appear upon the records of said

Court, and I further certify that I have carefully compared the fore:

going copy with the original record, and that the same is a full and

correct transcript thereof.

In Witness Whereof, I have hereunto set my

hand and affixed the Seal of said Probate Corut at Washingto C.

H. Ohio, this 2nd day of January A.D. 1891.

Thos. D. McElwain

{Seal} Probate Judge and Ex-Officio

Clerk of said Court

The State of Ohio} Probate

Fayette County.ss}

I, Thos. D. McElwain sole Judge of the

Probate Court, within and for said County and State, the same being a

court of law and of record, do hereby certify that Thos. D. McElwain

whose genuine signature is attached to the foregoing certificate, is, and

was at the time of signing the same. Ex-Officio Clerk of said

Probate Court and as such, full faith and credit are due his acts

and that the above certificate is in due form of law, and made by the

proper officer

In witness Whereof, I have hereunto set my hand

and affixed the Seal of said Probate Court at Washington C.

H. Ohio, this 2nd day of January A.D. 1891.

Thos. D. McElwain

{Seal} Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (139)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (139)

Description

[page 139]

[corresponds to page 110 of Delaware County Ohio Will Records Vol. 9 1890-93]

110 Elizabeth Belknap's Will

Journal Entry

January 3rd 1891.

In the Matter of the Will }

of Elizabeth Belknap deceased}

This day, an instrument of writing, pur:

porting to be the last Will and Testament of Elizabeth Belknap,

late of Oxfor Township, in this County deceased, was produced in open

Court for Probate; On Consideration whereof, it is 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

Belknap widower of said Testatrix, and also notice issue to Minerva

Belknap to be served on Maud H. Belknap, William D. Belknap

Charles R. Belknap- and Claud E. Belknap, next of kin of the

Testatrix, resident of the State of Ohio, that said application will be

for hearing before this Court on the 13th day of January. A.D. 1891.

at 10 o'clock A.M., to which time the hearing of said Will is now con:

tinued.

N. F. Overturf

Probate Judge


Application for Probate of Will Filed Jany 3/91

The State of Ohio } In Probate Court -

Franklin County.ss}


In the Matter of the last Will }

and Testament of Mrs. Elizabeth} Application to Admit to Probate

Belknap- deceased~ }

To the Hon. N.F. Overturf, Judge

of the Probate Court in and for said County.

Your petitioner respectfully represents

that Mrs. Elizabeth Belknap late a resident of the Town of

Ashley - Delaware County - died on or about the 13 day of Septem:

ber. A.D. 1889, leaving an instrument in writing, hereto attached,

purporting to be her last Will and Testament: That the said

Elizabeth Belknap died leaving Wm Belknap of Ashley, O.

widower and the following named persons her only next of kin resident

of the State of Ohio.

Name Age Degree of Kinship P.O. Address
of
Minor
Maud H. Belknap 15 Grand daughter Columbus. O.

William D. Belknap 11 " son " "

Charles R. Belknap 9 " " " "

Claud E. Belknap 6 " " " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

cording to law of the pending of said proceedings

Minderva Belknap. Daughter-in-law
Delaware County Ohio Will Records Vol. 9 1890-1893 (140)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (140)

Description

[page 140]

[corresponds to page 111 of Delaware County Ohio Will Records Vol. 9 1890-93]

Elizabeth Belknap's Will

The foregoing application was signed in my presence and sworn to be:

fore me, this 24th day of December- A.D. 1890.

E.E. Corwin

{Seal} Notary Public in and for

Franklin Co. Ohio


Subpeona. Filed Jan. 9/91

The State of Ohio } Probate Court

Delaware County.ss}

To Joseph C. Eckels and Chas. F. Olmsted.

You are hereby required to attend before our Court of Probate, held

at the Court House in Delaware, within and for said County, on

the 13" day of January. A.D. 1891. at 10 o'clock A.M. to testify, all

and singular, such matters and things as you may know in the matter of

the last Will and Testament of Elizabeth Belknap late of said

County deceased, and this you shall in no wise omit under penalty

of the law.

Witness my hand and the seal of said Court, at Delaware,

this 7" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge

I hereby acknowledge service of within Subpoena.

J.E. Eckels .

Chas. F. Olmsted .


Notice Filed Jan. 5/91

The State of Ohio } In Probate Court.

Delaware County.ss.}

In the Matter of the last Will and Testament

of Elizabeth Belknap deceased.

To William B. Belknap of Ashley

Ohio, widower.

You are hereby notified that on the 3rd day of Janu:

ary. A.D. 1891, an instrument of writing, purporting to be the last

Will and Testament of Elizabeth Belknap, late of Oxford Town:

ship, in said County, deceased, was produced in said Court, and an

application to admit the same to probate was on the same day made

in said Court. Said application will be for hearing before this

Court on the 13" day of January. A.D. 1891. at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 3rd day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


I the undersigned person within named hereby acknowledge service

of the within notice this 5" day of January. A.D. 1891.

W.B. Belknap.
Delaware County Ohio Will Records Vol. 9 1890-1893 (141)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (141)

Description

[page 141]

[corresponds to page 112 of Delaware County Ohio Will Records Vol. 9 1890-93]

112 Elizabeth Belknap Will

Notice


The State of Ohio } In Probate Court

Delaware County,ss }

In the Matter of the last Will and Testament

of Elizabeth Belknap, deceased.

To Minerva Belknap:

You are hereby commanded to notify

Maud H. Belknap- William D. Belknap- Charles R. Belknap

and Claud E. Belknap that on the 3rd day of January. A.D.

1891, an instrument of writing, purporting to be the last Will and Tes:

tament of Elizabeth Belknap, late of Oxford Township, in said

County, deceased, was produced in said Court, and an application

to admit the same to probate was on the same day made in said

Court. Said application will be for hearing before this Court on

the 13" day of January. A.D. 1891, at 10 o'clock A.M.

Witness my hand and seal of said Probate

Court, at Delaware, Ohio, this 3rd day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed Jan. 9/91

The State of Ohio }

Delaware County.ss } Minerva Belknap being duly sworn, says

that on the 7th day of January. A.D. 1891.

she served the within notice by delivering a true copy thereof to the

within named Maud H. Belknap- William D. Belknap.

Charles R. Belknap. and Claud E. Belknap.

Minerva Belknap.

Subscribed in my presence and sworn to before me this 7th day of

January A.D. 1891.

E.E. Corwin

{Seal} Notary Public in & for

Franklin Co. Ohio.


I the undersigned person mother of, and the person with whom

within named minors reside hereby acknowledge service of the within

notice this 7th day of January. A.D. 1891.

Minerva Belknap.


Probate of Will Filed Jan 13/91


The State of Ohio } In Probate Court

Delaware County,ss. }

Personally appeared in open Court Joseph

C. Eckels- Chas. F. Olmsted and Maud E. Claypool the sub:

scribing witnesses to the last Will and Testament of Elizabeth Bel:

knap, late of Oxford Township in said Delaware County deceased,

who being duly sworn according to law, to speak the truth, the whole
Delaware County Ohio Will Records Vol. 9 1890-1893 (142)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (142)

Description

[page 142]

[corresponds to page 113 of Delaware County Ohio Will Records Vol. 9 1890-93]

Elizabeth Belknap Will 113

truth, and nothing but the truth, in relation to the execution of said Will

depose and say: That the paper before them bearing date the 31" day

of Aug. A.D. 1889, purporting to be the last Will and Testament

of Elizabeth Belknap now deceased, is the Will of said deceased

Elizabeth Belknap- that they were present at the execution of said

Will, and at the request of the Testatrix, respectively subscribed their

names to the same as witnesses, in her presence; that they saw the

said Elizabeth Belknap deceased sign and seal said Will, and heard

her acknowledge the same to be her last Will and Testament, and

that the said Elizabeth Belknap at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory and

not under any restraint.

Joseph C. Eckels

Chas. F. Olmsted

Maud E. Claypool.


Sworn to and subscribed by said witnesses, in open Court, this 13"

day of January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

January. 13' 1891.

In the matter of the Will of: }

Elizabeth Belknap. decd } Be it remembered, that heretofore to wit:

on the 3rd day of January. A.D. 1891, an

instrument of writing, purporting to be the last Will and Testament

of Elizabeth Belknap, late of Oxford 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 William

Belknap widower and Maud H. Belknap- William D. Belknap-

Charles R. Belknap and Claud E. Belknap next of kin of the

Testatrix, resident of the State of Ohio, pursuant to a former order

of this Court thereupon, on this day came Jospeh C. Eckels-

Chas F. Olmsted and Maud E. Claypool the subscribing

witnesses to said Will, who being duly sworn, 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 and Testament of said Elizabeth Belknap.

deceased. That the same was duly executed and attested, and that the

said Testatrix, at the time of making, signing and sealing said Will

was of full age, of sound mind and memory, and not under any re:

straint. 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 as well as the proceedings had thereon be

entered of record in this Corut ~ Citation ordered and issued to
Delaware County Ohio Will Records Vol. 9 1890-1893 (143)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (143)

Description


[page 143]

[corresponds to page 114 of Delaware County Ohio Will Records Vol. 9 1890-93]


114 Elizabeth Belknap Will

William Belknap widower of said decedent to elect as to said Will,

as required by law, and thereupon came said William Belknap and

acknowledged service of the within citation.

N.F. Overturf

Probate Judge.


Copy of Will

I, Elizabeth Belknap of Ashley Delaware County, Ohio make this

my last Will.

I give devise bequeath my estate and property both real and Personal as fol:

lows that is to say, after paying all my debts including an agreement

to Donate one Thousand Dollars to the M.E. Church as provided for

in said agreement (This line erased with lead pencil.)
and the interest on same from my deceased until paid

I give devise bequeath one Hundred Dollars to my neice Fruittilda

Harroun now living in Van Wert County, O.

I give devise bequeath one Hundred Dollars to my Sister in law,

Hannah Belknap now living in Licking County. O.

I give devise bequeath Fifty Dollars to Mrs. Terry the Widow of

James Terry now living in Ashley O.

I give devise bequeath not to exceed Five Hundred Dollars for the pur:

pose of making a suitable family tomb and putting up monument thereto

After paying all the above, all the balance of my estate both real and per:

sonal I give devise bequeath to my beloved Grand Children namely

Maud H. William- Charles and Claud Belknap now living in

Columbus O. to share and share alike to be paid as follows the principal

the amount at my decease to be paid to each, their proportion as they ar:

rive at the age of twenty one years.

All interest or income from said estate both real and Personal shall be

held and kept in interest by my executor or executors and the fund as a:

rising shall be so held so long as my beloved Husband may live as a

guarantee fund for his comfort and my Executor or Executors are here:

by instructed to use such fund from time to time as it becomes neces:

sary for the comfort of my beloved Husband Wm. B. Belknap, all or my

part of said fund remaining after the decease of my said Husband shall

be paid over in equal proprotion to my beloved Grand Children above

named.

I appoint J.S. Brumback and David L. Brumback Jointly of Van

Wert Van Wert County. Ohio. Bankers. Jointly. Executors of this

my Will without bond, in witness whereof I have signed and sealed and

published and declared this instrument as my last Will, at Ashley Del:

aware County, O. this the 31 day of August 1889.

Elizabeth Belknap {Seal}

The said Elizabeth Belknap at Ashley on said day Aug. 31st 1889. sign:

ed and sealed this instrument and published and declared the same as and for her

last Will, and we at her request and in her presence and in the presence of each

other have hereunto written our names as subscribing witnesses.

Joseph C. Eckels. {Seal}

Chas F. Olmsted {Seal}

Maud E. Claypool {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (144)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (144)

Description


[page 144]

[corresponds to page 115 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jesse Eury Will 115

4817 A. Application for Probate of Will Filed Jany 5/9.


The State of Ohio } In Probate Court

Delaware County,ss }


In the Matter of the last Will }

and Testament of Jesse Eury } Application to Admit to Probate

Deceased. }

To the Hon. N.F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Jesse Eury late a resident of the Township of Delaware in

said County, died on or about the 21" day of December. A.D. 1890.

leaving an instrument in writing hereto attached, purporting to be his

last Will and Testament. That the said Jesse Eury died leav:

ing Mary Eury widow, whose P.O. address is Delaware O. and

the following named person his only next of kin resident of the

State of Ohio:

Josephine Miller Daughter Delaware Ohio


Your petitioner prays that a time may be fixed for the proving of

said Will.

Josephine Miller

The foregoing application was signed in my presence and sworn to

before me this 5" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


We, the undersigned widow next of kin of the within named de:

cedent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 5" day of January. A.D. 1891.

Josephine Miller

Mary Eury


Journal Entry

January, 5 1891.

In the Matter of the Will}

of Jesse Eury, deceased } This day an instrument of writing, pur:

porting to be the last Will and Testament

of Jesse Eury, late of Delaware Township, in this County - de:

ceased, was produced in open Court for Probate: On Consideration

Whereof, it is ordered that the said Will be filed in this Court.

And thereupon came Mary Eury, widow, and Josephine Miller

only next of kin of said Testator, resident of the State of Ohio

and in writing, waived Notice and consented to the probate of said

Will.

And thereupon came James R. Lytle one of the subscribing
Delaware County Ohio Will Records Vol. 9 1890-1893 (145)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (145)

Description

[page 145]

[corresponds to page 116 of Delaware County Ohio Will Records Vol. 9 1890-93]


116 Jesse Eury's Will

witnesses to said Will, who being duly sworn, testified to the due exe:

cution and attestation of said Will, which testimony was reduced to writ:

ing by him subscribed, and filed with said Will.

And it appearing to the Court that J.W. Lytle, the other subscrib:

ing witness to said Will, is a resident of Tallahassee - Leon County,

Florida and is without the jurisdiction of this Court, it is therefore

ordered that a Commission, with the Will annexed issue herein to

L.B. Jamlwell of Tallahassee - Leon County, Florida directing

him to take the testimony of said subscribing witness, and return the

same, according to law, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.


"Testimony of James R. Lytle"


In the Probate Court, } In the Matter of proving the last Will and Testament

Delaware County, Ohio } of Jesse Eury Deceased.


The State of Ohio }

Delaware County,ss } James R. Lytle, being duly sworn and examined

says; I was present at the execution of the instrument now shown

to me, bearing date the 31st day of October. A.D. 1890, and offered for

probate as the last Will and Testament of Jesse Eury, late of

Delaware Township, in said County of Delaware, deceased, and saw

and heard him acknowledge the same to be his last Will and Testa:

ment; and I, thereupon, at his request, and in his presence subscrib:

ed my name to the same as a witness. The said decedent at the

time of making, signing and sealing said instrument, was of full

age, of sound mind and memory and not under any restraint.

James R. Lytle

Sworn to and subscribed by said witness, in open Court, this 5th

day of January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Commission

To Take Testimony of Witness to Will.


The State of Ohio } I, L. B. Jrombwell, Greeting

Delaware County, ss}

Know Ye That we, in confidence of your prudence

and fidelity, have appointed you, and by these presents do give you full

power and authority to examine and take the deposition of J. W.

Lytle one of the subscribing witnesses to the last Will and Testa:

ment of Jesse Eury 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
Delaware County Ohio Will Records Vol. 9 1890-1893 (146)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (146)

Description

[page 146]

[corresponds to index page 117 of Delaware County Ohio Will Records Vol. 9 1890-93]

Jesse Eury's Will 117


J.W. Lytle 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 Jesse Eury and that

you reduce such examination to writing, and return the same

together with this Commission and the Will of the said Jesse

Eury thereto annexed, closed up under your seal into our said Pro:

bate Court, with all convenient speed.

In Testimony Whereof, I, N.F. Overturf

Judge of the said Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware Ohio, this 5th day of

January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Copy of Will

In the name of the Benevolent Father of All, I Jesse Eury

of Delaware Township, Delaware County, Ohio do make and

publish this my last Will and testament hereby revoking all

former Wills by me made.

Item First

I desire that all my just debts and charges be first paid.

Item Second

I give and devise to my beloved wife Mary Eury and my beloved

daughter Josephine Miller and to the survivor of them, absolute:

ly and unconditionally, all my house hold good and kitchen furni:

ture, all my farming utensils and all my live stock, and all grain

fodder, hat & feed of which I may be possed at the time of

my decease.

Item Third

I give and devise to my said wife Mary Eury and my said

daughter Jesephine Miller, during their natural lives and during

the natural life of the survivor of them, all the rest and residue

of my estate, both real and personal. They, or the survivor of them,

are to keep up repairs and pay the taxes on the real estate, but

are not to be held responsible for the loss of buildings by accident,

fire or unavoidable causuality.

They are to pay the Taxes on the notes and mortgages and other

property, but they are not to be held responsible for loss of mon:

ey loaned when the same is unavoidable.

All the income, rents and profits from the real estate, after

paying taxes & repairs, is to belong to them or to the survivor of

them, absolutely & unconditionally. And the interest and income

from the monies, notes & mortgages, after the payment of Taxes

is to belong to them or the survivor of them, absolutely and uncondition:

ally, and they or the survivor of them, are not to be held accounta:

ble for rents & profits, Increase or Interest.

Item Fourth

At the decease of my said wife and daughter, or the survivor

of them, I give and devise to the children of my sister Mary Coch:

ran and their heirs, and the children of my Brother Samuel Eury

and their heirs and the children of my sister Margaret Smith and

their heirs and to the children of my Brother Noah Eury and
Delaware County Ohio Will Records Vol. 9 1890-1893 (147)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (147)

Description

[page 147]

[corresponds to page 118 of Delaware County Ohio Will Records Vol. 9 1890-93]


118 Jesse Eurys Will

their heirs, all my property both real and personal, mentioned in Item

Three of this Will. That is to say each child of my said brothers and

sisters or their heirs shall have and take an equal portion of my

estate set forth in Item three of this Will.

Item Fifth

I hereby nominate and appoint my beloved wife and my beloved daught:

er Executrixes and Trustees of this my last Will and Testament,

with power to choose or select, whomsoever, they or the survivor of

them may wish to assist them in carrying out the provisions, of the

same, and they are hereby authorized and empowered to discharge all

debts due me. To cancel all mortgages, To re-invest monies

paid in and to Loan money in their own names or the name of the sur:

vivor of them as such Executrixes & Trustees, and to do and per:

form all things necessary be done in carrying out the provisions of

this Will. They are to give bond and an appraisement shall

be had of my estate but no sale of the property shall be had and the

probate court is hereby authorized to direct the omission of the same

pursuant to the Statute.

In testimony hereof I have hereunto set my hand and seal

this 31st day of October. A.D. 1890.

Jesse Eury {Seal}


Signed, sealed and acknowledged by Jesse Eury as his last Will

and Testament in our presence and signed by us in his presence and at

his special instance and request.

James R. Lytle

J.W. Lytle


Deposition of Witness to Will Filed. Jan 25/91


The State of Florida} In the Matter of the last Will and Testament

Leon County ss } of Jesse Eury.


Personally appeared before L. B. Jrombwell, Commissioner, J.W.

Lytle one of the subscribing witnesses to the last Will and Testament

of Jesse Eury late of Delaware Township in said Delaware

County, deceased, who being by me first 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 he was

present at the execution of the paper before him bearing date the 31st day

of October. A.D. 1890. purporting to be the last Will and Testament of

Jesse Eury now deceased, whose name is signed at the end thereof,

a witness in his presence; that he saw the said Jesse Eury sign and

seal said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Jesse Eury at the time of making

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

J.W. Lytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (148)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (148)

Description

[page 148]

[corresponds to page 119 of Delaware County Ohio Will Records Vol. 9 1890-93]


Jesse Eury's Will 119


The State of Florida}

Leon County. ss~ } I, L.B. Jrombwell, duly appointed and con:

missioned by the Judge of the Probate

Court, of the County of Delaware and the State of Ohio, to take

the testimony of J.W. Lytle one of the subscribing witnesses to the last

Will and Testament of Jesse Eury, deceased, late a resident of said

County and State, which Commission, and the said Will are here:

to annexed, do hereby certify that in pursuance of said Commission

I caused the above named J.W. Lytle subscribing witness as aforesaid

to appear before me at Tallahassee on the 19th day of January 1891,

that he was first duly sworn by me, according to law to speak the

truth, the whole truth, and nothing but the truth; that I examined

him in relation to the execution of said Will, and reduced his tes-

timony to writing as above set forth in his presence and that he sign:

ed the same in my presence, and I further certify that I am not Coun:

sel, Attorney or Relative of any of the parties named in said Will,

or otherwise interested in the Probate thereof.

In witness whereof I have hereunto set my hand

this 19th day of January. A.D. 1891.

L.B. Jrombwell

Commissioner

{Seal} and Notary Public for the

State at large.


Journal Entry

January 23rd 1891.

In the Matter of the Will}

of Jesse Eury, deceased. } The Commissioner heretofore issued herein to

take the testimony of J.W. Lytle - one of the

subscribing witnesses to the Will of said Jesse Eury, deceased, was

this day returned duly executed, and the same was filed herein

And it appearing to the Court from the examination of the former

witness and from the deposition of the said J.W. Lytle, that the aforesaid

instrument of writing is the last Will and Testament of said Jesse

Eury, deceased. That the same was duly executed and attested; and

that the said Testator at the time of making, signing and sealing said

Will was of full age of sound mind and memory, and not under any

restraint. 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 as well as the proceedings had

thereon, be entered of record in this Court

N.F. Overturf

Probate Judge



Will Set Aside. See Journal 16 pages 8 & 9

Vol. 10 page 223
Delaware County Ohio Will Records Vol. 9 1890-1893 (149)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (149)

Description

[page 149]

[corresponds to page 120 of Delaware County Ohio Will Records Vol. 9 1890-93]


120 Eliza B. Rheems Will

Journal Entry

January. 19" 1891.

In the Matter of the Will ~ }

of Eliza B. Rheem, deceased.}

This day, an instrument of writing, purport:

ing to be the last Will and Testament of Eliza B. Rheem, late of

Liberty Township, in this County, deceased, was produced in open Court

for Probate; On consideration Whereof it is 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 to Samuel Rheem

widower, and Stephen L. Cruikshank, Eliza Marston, Clara Joyner

William Cruikshank, Oliver Cruikshank Lawrence A. CruiK:

shank Willie B. Young and James C. Young, next of kin of the

Testatrix, resident of the State of Ohio, that said application will

be for hearing before this Court on the 24th day of January A.

D. 1891, at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will filed Jan 19/91


The State of Ohio } In Probate Court

Delaware County.ss}


In the Matter of the Last}

Will and Testament of } Application to Admit to Probate.

Eliza B. Rheem, deceased.}

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Eliza Bheem late a resident of the Township of Liberty in said Coun:

ty, died on or about the 9" day of January. A.D. 1891 leaving an in:

strument in writing, hereto attached, purporting to be her last Will and

Testament: That the said Eliza B. Rheem died leaving Sam:

uel Rheem widower and the following named persons her only next

of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address

Stephen L. Cruikshank Son Flint O.

Eliza Marston Daughter Delaware O.

Clara Joyner " Lewis Center O.

William Cruikshank Son Delaware O.

Oliver Cruikshank " " "

Lawrence A. Cruikshank " Delaware O.

James C. Young Grand Son Westerville O.

Willie B. Young " " Constantia O.


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:
Delaware County Ohio Will Records Vol. 9 1890-1893 (150)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (150)

Description

[page 150]

[corresponds to page 121 of Delaware County Ohio Will Records Vol. 9 1890-93]


Eliza B. Rheem's Will 121

cording to law of the pending of said proceedings

James R. Lytle

The foregoing application was signed in my presence and sworn to

before me, this 17" day of January. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Notice


The State of Ohio } In Probate Court.

Delaware County.ss}

In the matter of the last Will and Testa:

ment of Eliza B. Rheem, deceased.

To James R. Lytle:

You are hereby commanded to notify

Stephen L. Cruikshank - Eliza Marston - Clara Joyner

William Cruikshank - Oliver Cruikshank - Lawrence A.

Cruikshank - Willie B. Young and James C. Young and

Samuel Rheem widower that on the 19" day of January A.D.

1891, an instrument of writing purporting to be the last Will and

Testament of Eliza B. Rheem, late of Liberty, Township, in said

County, deceased, was produced in said Court, and an application to

admit the same to probate was on the same day made in said

Court. Said application will be for hearing before this Court on

the 24 day of January. A.D. 1891, at 9 o'clock A.M.

Witness my hand and seal of said Probate Court

at Delaware Ohio, this 19" day of January A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed Jan 24/91


The State of Ohio }

Delaware County,ss} James R. Lytle being duly sworn, says

that on the 20 day of January A.

D. 1891, he served the within notice by delivering a true copy there:

of to the within named Stephen L. Cruikshank - Eliza

Marston - Clara Joyner- William Cruikshank- Oliver

Cruikshank - Lawrence A. Cruikshank - Willie B. Young-

James C. Young and Samuel Rheem.

James R. Lytle


Subscribed in my presence and sworn to before me this 24" day

of January. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (151)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (151)

Description

[page 151]

[corresponds to page 122 of Delaware County Ohio Will Records Vol. 9 1890-93]

122

Eliza B. Rheem's Will

Probate of Will Filed Jan. 24/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry H.

Becker and John S. Jones the subscribing witnesses to the last Will

and Testament of Eliza B. Rheem late of Liberty Township in said

Delaware 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 execution of said Will depose and say that the paper before

them bearing date the 25 day of November A.D. 1884, purporting to

be the Will of said deceased Eliza B. Rheem, that they were pres-

ent at the execution of said Will and at the request of the Testatrix,

respectively subscribed their names to the same as witnesses, in her

presence, that they saw the said Eliza B. Rheem deceased sign

and seal said Will and heard her acknowledge the same to be her

last Will and Testament, and that the said Eliza B. Rheem at the

time of making, signing and sealing said Will was of full age, of

sound mind and memory, and not under any restraint.

Henry H. Becker

John S. Jones

Sworn to and subscribed by said witnesses, in open Court this 27

day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January 24 1891

In the Matter of the Will of }

Eliza B. Rheem deceased }

Be it remembered that heretofore to wit:

on the 19th day of January A.D. 1891 an instrument of writing

purporting to be the last Will and Testament of Eliza B. Rheem

late of Liberty 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 fil-

ing of said Will and of the application to admit the same to probate

and record in this Court, has been given to Samuel Rheem, her

widower, and Stephen L. Cruikshank, Eliza Marston - Clara

Jaynes - William Cruikshank - Oliver Cuickshank - Law-

rence A. Cruikshank - Willie B. Young - and James C. Young

next of kin of the Testatrix resident of the State of Ohio pursu-

ant to a former order of this Court: therefore, on this day came

Henry H. Becker and John S. Jones the subscribing wit-

nesses to said Will, who being duly sworn testified to the due ex-

ecution and attestation of said Will, which testimony was reduced

to writing, by them respectively subscribed, and filed with said
Delaware County Ohio Will Records Vol. 9 1890-1893 (152)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (152)

Description

[page 152]

[corresponds to page 123 of Delaware County Ohio Will Records Vol. 9 1890-93]

123

Eliza B. Rheem's Will

Will whereupon the Court finds that the foresaid instrument

of writing is the last Will and Testament of said Eliza B.

Rheem deceased. That the same was duly executed and attested:

and that the said Testatrix at the time of making, signing and

sealing said Will was of full age of sound mind and memory and

not under any restraint. It is, therefore, by the Court order-

ed, that the said Will be admitted to probate and that the same

together with the testimony of the witnesses above named, as well

as the proceedings had therein be entered of record in this Court

Citation ordered and issued to Samuel Rheem, widower of said

deceased to elect as to said Will as required by law.

N. F. Overturf

Probate Judge

Copy of Will

In the name of the Benevolent Father of All, I Eliza B.

Rheem of Lawful Age do make and publish this my Last

Will and Testament.

Item First I desire that all my just debts and charges be first paid out

of my estate.

Item Second I give and devise to my son Lawrence A. Cruikshank my best

bed and bedding for the same to be selected by him after my decease

and before the division of my household furnature as hereinafter set

forth. I also give to my said Son Lawrence A. Cruikshank

one horse The same to be selected by him previous to any sale or

division of the Stock I may own at the time of my decease

Item third I give and devise to my three Daughters, Eliza J. Morrison

Clara P. Jones & Levina J. Eastman and my son Lawrence

A. Cruikshank all the rest and residue of my house hold goods

& furnature and wearing apparel. The same to be divided equally

between them.

Item Fourth I give and devise all the rest and residue of my estate to the fol-

lowing named children and their heirs That is to say To my

daughter Eliza J. Morrison one Eighth part thereof. To my

daughter Clara P. Jones one Eighth part thereof. To

Levina J. Eastman one eighth part thereof. To my son Stpeh-

en L. Cruikshank one eighth part thereof. To my son David

G. Cruikshank one eighth part thereof. To William H. Cruik-

shank one eighth part thereof. To my son Oliver D. Cruikshank

one eighth part thereof and to my son Lawrence A. Cruikshank

one eighth part thereof. Said property is to be converted into mon-

ey after my decease. By my executor hereinafter named and

paid over to said children. But it is my will and wish that

those of my children to whom I have made advancements shall

be charged with the amounts they have respectively received,

That is to say, WIlliam H. Cruikshank shall be charged
Delaware County Ohio Will Records Vol. 9 1890-1893 (153)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (153)

Description

[page 153]

[corresponds to page 124 of Delaware County Ohio Will Records Vol. 9 1890-93]

124

Eliza B. Rheem's Estate

with the sum of Three hundred Dollars which I have advanced

him, Oliver D. Cruikshank shall be charged with Two hundred

five Dollars which I have advanced to him and Clara P. Jones

shall be charged with Ninety three & 93/100 Dollars which I have

advanced to her and in the division of said estate my said executor

shall charge said amounts to each of my said children as so much

cash received by them.

I hereby nominate and appoint James R. Lytle of Delaware

Ohio executor of this my Last Will and testament.

I hereby revoke all former wills by me made.

In Testimony whereof I have hereunto set my hand and seal

this 28th day of November A.D. 1884.

Eliza B. Rheem {Seal}

Signed and acknowledged by said Eliza B. Rheem as her Last

Will and Testament in our presence and signed by us in her

presence and at her special instance and request.

Henry H. Becker

John S. Jones
Delaware County Ohio Will Records Vol. 9 1890-1893 (154)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (154)

Description

[page 154]

[corresponds to page 125 of Delaware County Ohio Will Records Vol. 9 1890-93]

125

Susan Osborn's Will

Journal Entry

January 19th 1891.

In the Matter of the Will }

of Susan Osborn - dec'd }

This day, an instrument of writing pur-

porting to be the last Will and Testament of Susan Osborn,

late of Radnor Township in this County - deceased, was produced

in open Court for Probate. In Consideration Whereof it is

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 Peter G. Osborn - Elizabeth Willey - Benja-

min M. Osborn and Bessie A. Osborn, next of kin of the

Testatrix resident of the State of Ohio that said application

will be for hearing before this Court on the 24th day of January

A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Susan Osborn deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that

Susan Osborn late a resident of the Township of Radnor in said

County - decd on or about the 30 day of December A.D. 1890,

leaving an instrument in writing hereto attached purporting to be her

last Will and Testament. That the said Susan Osborn

died leaving no widower and the following named persons her only

next of kin resident of the State of Ohio.

Name Degree of Kinship P. O. Address

Peter G. Osborn Son Prospect O

Elizabeth Wiley Daughter Ashley O

Benjamin M. Osborn Son Prospect O

Bessie A. Osborn Grand daughter Waldo O

Your petitioner prays that a time may be fixed for the hearing of said

Will and that said above named persons may be notified accord-

ing to law of the pending of said proceedings

Jas. P. Osborn.

The foregoing application was signed in my presence and sworn to be

fore me, this 19th day of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (155)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (155)

Description

[page 155]

[corresponds to page 126 of Delaware County Ohio Will Records Vol. 9 1890-93]

126

Susan Osborn's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testa-

ment of Susan Osborn - deceased.

To Jas. P. Osborn -

You are hereby commanded to

notify Peter G. Osborn, Elizabeth Willey - Benjamin N.

Osborn and Bessie A. Osborn that on the 19th day of January

A.D. 1891 an instrument of writing purporting to be the last Will

and Testament of Susan Osborn late of Radnor Township in

said County deceased was produced in said Court and an application

to admit the same to probate was on the same day made in said

Court. Said application will be for hearing before this Court on

24 day of January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 19 day of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service

The State of Ohio }

Delaware County ss } Jas. P. Osborn being duly sworn says

that on the 20 day of January A.D.

1891 he served the within notice by delivering a true copy thereof

the within named Peter G. Osborn, Elizabeth Willey Benja-

min M. Osborn and Bessie A. Osborn

J. P. Osborn

Subscribed in my presence and sworn to before me this 24 day

of January A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Probate of Will Filed Jan 24/91

The State of Ohio }

Delaware County ss } In Probate Court

Personally appeared in open Court William

L. Ledwig and Jno. A. Cone the subscribing witnesses to the

Will and Testament of Susan Osborn late of Radnor Town-

ship in said Delaware 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 execution of said Will depose and

say that the paper before them bearing date the 18th day of Jan-

uary A.D. 1886, purporting to be the last Will and Testament

of Susan Osborne now deceased is the Will of said deceased

Susan Osborne, that they were present at the execution of
Delaware County Ohio Will Records Vol. 9 1890-1893 (156)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (156)

Description

[page 156]

[corresponds to page 127 of Delaware County Ohio Will Records Vol. 9 1890-93]

127

Susan Osborn's Will

said Will and at the request of the Testatrix respectively sub-

scribed their names to the same as witnesses, in her presence,

that they saw the said Susan Osborn deceased sign and seal

said Will and heard her acknowledge the same to be her last Will

and Testament and that the said Susan Osborn at the time of

making, signing and sealing said Will was of full age of sound

mind and memory and not under any restraint.

Wm. L. Ladwig

Jno. A. Cone

Sworn to and subscribed by said witnesses in open Court this 24

day of January A.D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January 24 1891 }

In the Matter of the Will}

of Susan Osborn deceased }

Be it remembered that heretofore to wit:

on the 19th day of January A.D. 1891 an instrument of writing

purporting to be the last Will and Testament of Susan Osborn

late of Radnor 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 fil-

ing of said Will and of the application to admit the same to pro-

bate and record in the Court has been given to Peter G.

Osborn, Elizabeth Willey, Benjamin M. Osborn and Bessie

A. Osborn next of kin of the Testatrix resident of the State of

Ohio pursuant to a former order of this Court, thereupon

on this day came William L. Ledwig and Jns A. Cone 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 foresaid

instrument of writing is the last Will and Testament of said

Susan Osborn deceased, That the same was duly executed

and attested and that the said Testatrix at the time of making,

signing and sealing said Will was of full age of sound mind

and memory, and not under any restraint. 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 , as well as the proceedings had thereon, be entered

of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (157)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (157)

Description

[page 157]

[corresponds to page 128 of Delaware County Ohio Will Records Vol. 9 1890-93]

128

Susan Osborn's Will

Copy of Will

In the name of the benevolent Father of All, Amen. I Susan

Osborn of Radnor Township Delaware County Ohio being of sound

and disposing mind and memory do make and publish the following as my

Last Will and Testament

Item 1st I direct that all my just debts, including the expenses of my last sick-

ness and funeral expenses shall be paid out of my estate

Item 2nd I give and bequeath to my children Benjamin M. Osborn and Eliz-

bath Willey, widow of Isaac Willey, all the rest and residue of my

estate after the payment of my just debts as directed in the first

Item of this Will and the expenses of Administration of my estate

to be divided between my said son Benjamin M. Osborn and my

daughter Elizabeth Willey, share and share alike and in case

my said son Benjamin M. or my said daughter Elizabeth die

before my decease the share or portion of my said Estate herein directed

to be paid to my said son or my said daughter, shall go to and be

paid to the heirs of said Benjamin or said Elizabeth.

I hereby appoint and constitute James P. Osborn Executor of

this my last Will and Testament

I hereby revoke all former Wills or parts of Wills by me be-

fore made and declare the foregoing to be my Last Will and Testament

Witness my signature and seal this Eighteenth day of Jan-

uary in the year of our Lord One Thousand Eight Hundred and

Eighty Six

her

Susan X Osborn {Seal}

mark

Signed by the above named Susan Osborn in our presence and by

her declared to be her Last Will and Testament in our hearing and sign-

ed by us as witnesses at her request and in her presence and in the

presence of each other on said 18th day of January 1886.

William L. Ledwig

Jns. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (158)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (158)

Description

[page 158]

[corresponds to page 129 of Delaware County Ohio Will Records Vol. 9 1890-93]

129

Elizabeth Mills' Will


Journal Entry

January 7th 1891

In the Matter of the Will of }

Elizabeth Mills, deceased } This day an instrument of writing purporting

to be the last Will and Testament and

Codicil thereto of Elizabeth Mills late of Scioto Township in this

County deceased was produced in open Court for Probate. On

Consideration Whereof it is 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 G. P. Mills, Esther Mills -

Rosanna Stephens - Nancy Bechtle and Georgia Covel Austin

next of kin of the Testatrix resident of the State of Ohio that said

application will be for hearing before this Court on the 16th day of

January A.D. 1891 at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of WIll filed Jan. 7/91 -

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last }

Will and Testament of Eliz- } Application to Admit to Probate -

abeth Mills - deceased }

To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County -

Your petitioner respectfully represents that

Elizabeth Mills late a resident of the Township of Scioto in said

County died on or about the 4th day of January A.D. 1891.

leaving an instrument in writing hereto attached, purporting to be

her last Will and Testament That the said Elizabeth Mills died

leaving no widower and the following named persons her only next

of kin resident of the State of Ohio -

Name Degree of Kinship P. O. Address

G. P. Mills Son Ostrander O

Esther Mills Daughter Ostrander O

Rosanna Stephens " Troy O

Nancy Bechtle " Richwood O

Georgia Covel Austin Grand daughter Lynchburg O

Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified accord-

ing to law of the pendiing of said proceedings.

G. P. Mills

The foregoing application was signed in my presence and sworn to be-

fore me this 7th day of January A.D. 1891.

N. F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (159)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (159)

Description

[page 159]

[corresponds to page 130 of Delaware County Ohio Will Records Vol. 9 1890-93]

130

Elizabeth Mills Will

I the undersigned next of kin of the witin named decedent, hereby

waive further notice, and consent to the probate of said will.

Dates this 7" day of January, A.D. 1891.

G.P. Mills

You are hereby commanded to noti:

fy Ester Mills - Rosantha Stephens - Nancy Bechtle and

Georgia Covell Austin that in the 7" day of January A.D.

1891. an instrument of writing, purporting to be the last Will and Tes=

tament of Elizabeth Mills late of Scioto Township, in said Coun:

ty, deceased, was produced in said Court, and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the 16"

day of January, A.D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 7th day of January, A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Jany 16/91

The State of Ohio }

Delaware County ss. } George P. Mills being duly sworn, says that

on the 7th, 8th, 9th & 10th days of January A.

D. 1891, he served the within notice by delivering a true copy thereof

to the within named Ester Mills, Rosantha Stephen - Georgia

Covell Austin & Nancy Bechtel.

G. P. Mills

Subscribed in my presence and sworn to before me this 16" day of

January. A.D. 1891.

{Seal} N.F. Overturf

Probate Judge

"Testimony of D. G. Gratty Witness to Codicil." Filed Jany 16/91

In Probate Court } In the Matter of proving the last Will and Testament

Delaware County, Ohio } Of Elizabeth Mills - deceased.

The State of Ohio }

Delaware County, Ohio } D.G. Cratty, being duly sworn and examined

as a witness in the above entitled matter says

I was present at the execution of the instrument now shown to
Delaware County Ohio Will Records Vol. 9 1890-1893 (160)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (160)

Description

[page 160]

[corresponds to index page 131 of Delaware County Ohio Will Records Vol. 9 1890-93]

131

Elizabeth Mills Will

me, bearing date the day of A. D. 188 -, and offered for

probate as the Codicil to the last Will and Testament of

Elazabeth Mills, late of Scioto Township, in said County of

Delaware, deceased, and said the said Elizabeth Mills, now de=

ceased, sign and seal said instrument by mark, and heard her ac=

knowledge the same to be her Codicil to ber last Will and Testa=

ment; and I, thereupon, at her request, and in her presence, sub=

scribed my name to the same as a witness. The said decedent, at

the time of making signing and sealing said Codicil, was of full

age, of sound mind and memory and not under any restraint.

D. G. Cratty

Sworn to and subscribed by said witness in open Court this 16th

day of January A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Journal Entry

January, 16" 1891. }

In the Matter of the Will }

of Elazabeth Mills - deceased }

Be it remembered, that heretofore to wit:

on teh 7th day of January, A.D. 1891 an instrument of writing

purporting to be the last Will and Testament and Codicil thereto

of Elizabeth Mills, late of Scioto Township in this County, de:

ceased, 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 Ester Mills, Rosantha Stephens - Nancy Bechtel -

and Georgia Covell Austin (G. P. Mills, having in writing waiv=

ed Notice and consented to the probate of said Will) next of kin

of the Testatrix, resident of the State of Ohio, pursuant to or former

order of this Court, thereupon, on this day came D. G. Cratty

one of the subscribing witnesses to the Codicil to said Will, who

being duly sworn, testified to the due execution and attestation of said

Codicil to said Will, which testimony was reduced to writing, by

him suscribed and filed with said Will.

And it appearing to the Court that Abner Said the other sub-

scribing witness to the Codicil to said Will is a resident of

Washington D.C. and is without the jurisdiction of this Court, it

is therefore ordered that a commision with the Will annexed, is=

sue herein to Wm C. Cooper: of Washington D. C. directing him

to take the decposition of said subscribing witness, and return the

same, duly certified, with all convenient speed to this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (161)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (161)

Description

[page 161]

[corresponds to page 132 of Delaware County Ohio Will Records Vol. 9 1890-93]

132

Elizabeth Mills Will

Commission Filed Jan 29/91

To take Testimony of Witness to Codicil to Will

The State of Ohio } To Wm C. Cooper Greeting:

Delaware County ss }

Know Ye That we, in confidence of your prudence

and fidelity, have appointed you, and by these presents do give you full power

and authority to examine and take the deposition of Abner Said one of the

subscribing witnesses to the Codicil to the last Will and Testament of

Elizabeth Mills 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 Abner

Said 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 the Codicil to said Will of the said Elizabeth MIlls and that

you reduce such examination to writing, and return the same togeth:

er with this Commission and the Will of the said Elizabeth Mills

thereto annexed, closed up under your seal, into our said Probate

Court, with all convenient speed.

In Testimony Whereof, I, N.F. Overturf

Judge of the said, Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware Ohio, this 16th day of

January. A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Last Will and Testament of Elizabeth Mills

I Elizabeth Mills of Mills County in the State of Iowa be=

ing of sound mind and memory, and of full age, do hereby make

and publish this my last Will and testiment. I direct the pay:

ment of my furneral expenses out of my personal property, the resi:

due to be divided among my Children W. C. Mills Geo. P.

MIlls, Esther Mills, Nancy J. Bechtell & Rosanne E.

Stephens, or their heirs

2 I give to my beloved daughter Ester Mills the use of the

homestead in Glenwood City during her natural life and at her

death the proceeds of a sale there of to be divided equally among my heirs

above mentioned then living. I hereby appointed my son W. C. Mills the exec:

utor of this my last Will and testiment, hereby revoking all for:

mer wills by me made.

In Witness where of I have signed and published this instru:

ment to be my last will and testiment.

Signed executed this 2nd day of July A. D. 1877

Elizabeth Mills

Attest

E. Stenbeck of Mills C Iowa

N H Dyar of Mills C. Iowa

over
Delaware County Ohio Will Records Vol. 9 1890-1893 (162)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (162)

Description

[page 162]

[corresponds to page 133 of Delaware County Ohio Will Records Vol. 9 1890-93]

133

Elizabeth Mill's Will

Codicil to the foregoing Will


Whereas I Elizabeth Mills on the 2nd day of July. A. D.

1877 made my last will and testiment of that day do hereby de:

clare the following to be a codicil to the same.

I do hereby give and bequeath to my children Geo. P. Mills -

Esther Mills. Nancy J. Bechtel & Rosanna E. Stephens

ecqually the share of my Deceased son W.C. Mills as ind=

cated the former will.

I desire and do hereby appoint my son G. P. Mills as Executor

of this my last will.

her
Elizabeth X Mills
mark

Abner Said

D. G. Cratty

Deposition of Witness to Codicil to Will Filed Jan 29/91

District of Columbia } In the Matter of the last Will and Testament

Washington City, ss. } of Elizabeth Mills - Deceased

Personally appeared before me Wm C. Cooper Commissioner, Abner

Said me of the subscribing witnesses to the Codicil to the last Will

and Testament of Elizabeth Mills late of Scioto Township in said

Delaware County deceased, who being by me first 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, deposes and

says: That he was present at the execution of the paper before him

purporting to be the Codicil to the last Will and Testament of

Elizabeth Mills now deceased, whose name is signed at the end there=

of, and at the request of said deceased he subscribed his name to the same

as a witness in her presence; that he saw the said Elizabeth Mills

sign and seal said Codicil to said Will, and heard her acknowledge

the same to be her Codicil to her last Will and Testament and

that the said Elizabeth Mills at the time of making signing and

sealing said Codicil to said Will, was of full age, of sound mind

and memory, and not under any restraint.

Abner Said,

District of Columbia }

Washington City, ss. }

I, Wm C. Cooper, duly appointed and

commissioned by the Judge of the Probate Court, of the Coun=

ty of Delaware and the State of Ohio, to take the testimony

of Abner Said one of the subscribing witnesses to the last Will

and Testament of Elizabeth Mills deceased, late a resident of

said County and State, which Commission, and the said Will

are hereto, annexed, do hereby certify that in pursuance of said

Commission, I caused the above named Abner Said

subscribing witness as aforesaid to appear before me, at Washing=
Delaware County Ohio Will Records Vol. 9 1890-1893 (163)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (163)

Description

[page 163]

[corresponds to page 134 of Delaware County Ohio Will Records Vol. 9 1890-93]

134

Elizabeth Mills Will

ton, D.C. on the 22nd day of January, 1891. that he was first

duly sworn by me, according to law, to speak the truth, the whole

truth, and nothing but the truth; that I examined him in relation to

the execution of said Codicil to said will, and reduced his testi=

mony to writing as above set forth in his presence and that he signed

the same in my presence, and I further certify that I am not

Counsel, Attorney or Relative of any of the parties named in said

will, or otherwise interested in the Probate thereof.

In witness whereof I have herunto set my hand, the

22nd day of January. A.D. 1891

Wm C Cooper

Commissioner

Journal Entry

January 29" 1891 }

In the Mater of the Will of }

Elizabeth Mills - deceased }

The Commission heretofore issued herein to

take the testimony of Abner Said, one of the subscribing witnesses to

the Codicil to said Will of Elizabeth Mills, deceased, was this

day returned duly executed, and the same was filed herein.

And it appearing to the Court from the examination of the former

witness and from the deposition of the said Abner Said, that the afore=

said intrument of writing is the last Will and Testament and Codicil

thereto, of said Elizabeth Mills, deceased. That the same was duly

executed and attested and that the said Testatrix, at the time of

making, signing and sealing said Will and Codicil, was of full

age, of sound mind and memory, and not under any restraint.

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, as well as the proceedings had there in

be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (164)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (164)

Description

[page 164]

[corresponds to page 135 of Delaware County Ohio Will Records Vol. 9 1890-93]

135

Imeline Barton's Will

Application for Probate of Will Filed Jany. 24/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of Em- } Application to Admit to Probate -

eline Barton - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Emeline Barton late a resident of the Township of Trenton in

said County died on or about the 21st day of January A.D. 1891,

leaving an instrument in writing, hereto attached, purporting to be her

last Will and Testament: That the said Emeline Barton died

leaving no widower and the following named persons her only next of

kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

William Barton Son Condit O

Alfred Barton " Columbus O

Elizabeth Parsons Daughter Condit O

Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be notified

according to law of the pending of said proceedngs.

Wm. Barton

The foregoing application was signed in my presence and sworn

before me this 24 day of January A.D. 1891.

N. F. Overturf

Probate Judge

I, the undersigned next of kin of the within named decedent

hereby waive further notice and consent to the probate of said

Will

Dated this 24th day of January A.D. 1891

Wm. Barton



Journal Entry

January 24" 1891

In the Matter of the Will }

of Emeline Barton - deceased } This day an instrument of writing pur-

porting to be the last Will and Testament

of Emeline Barton late of Trenton Township in this Coun-

ty deceased, was produced in open Court for Probate. In

consideration whereof it is ordered that the same 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 to Alfred

Barton and Elizabeth Parsons ( William Barton having in
Delaware County Ohio Will Records Vol. 9 1890-1893 (165)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (165)

Description

[page 165]

[corresponds to page 136 of Delaware County Ohio Will Records Vol. 9 1890-93]

136

Emeline Barton's Will

writing waived notice and consented to the probate of said Will ) next

of kin of the Testatrix resident of the State of Ohio that said appli-

cation will be fore hearing before this Court on the 28 day of Janu-

ary A.D. 1891 at 10 o'clock A.M.

And it appearing to the Court that H. S. Overturf one of the sub-

scribing witnesses to said Will is a resident of Licking County Ohio

and is without the jurisdiction of this Court, and that T. B. Potter

the other subscribing witness to said Will has gone to parts unknown

it is therefore ordered that a Commission with the Will annexed, in:

are herein to Thomas Ross of Licking County Ohio directing him

to take the deposition of said subscribing witness, H. S. Overturf

and also to take the deposition of certain other witness or witnesses

touching the proof of the genuineness of the signature of said other sub-

scribing witness, T. B. Potter, and return the same, duly certified, on

or before the 28th day of January A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Notice

The State of Ohio } Probate Court

Delaware County ss }

In the matter of the Last Will and Testament

of Emeline Barton deceased.

To William Barton:

You are hereby commanded to notify Al-

fred Barton and Elizabeth Parsons that on the 24" day of January

A.D. 1891, an instrument of writing, purporting to be the last Will and

Testament of Emeline Barton, late of Trenton Township in said Coun-

ty, deceased, was produced in said Court and an application to admit

the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the 28" day

of January A.D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio, this 24 day of January A.D. 1891.

{Seal} N. F. Overturf

Probate AJudge

Proof of Service filed Jany. 31/91

The State of Ohio }

Delaware County ss }

I, William Barton being duly sworn say: that

on athe 26" day of January A.D. 1891, he

served the within notice by delivering a true copy thereof to the with-

in named Alfred Barton and Elizabeth Parsons.

Wm. Barton

Subscribed in my presence and sworn to before me this 31st day of

January A.D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (166)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (166)

Description

[page 166]

[corresponds to page 137 of Delaware County Ohio Will Records Vol. 9 1890-93]

137

Emeline Barton's Will

Commission filed Jan 31/91

To Take Testimony of Witness to Will
\
The State of Ohio } To Thomas Ross, Greeting:

Delaware County ss }

Know Ye That we in confidence of your pru-

dence and fidelity have appointed you and by these presents to give you

full power and authority to examine and take the deposition of H. S.

Overturf and proof of the genuineness of the signature of T. B. Potter

the subscribing witnesses to the last Will and Testament of Emeline

Barton 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 H. S. Overturf and

such other witness or witnesses to prove the signature of T. B. Potter

to be brought before you and then and to examine on oath or affir-

mation first taken before you, touching the due execution of said Will

of the said Emeline Barton and the signature of T. B. Barton [Potter]

the other subscribing witness to said Will and that you reduce

such examination to writing: and return the same, together with

this Commission and the Will of the said Emeline Barton

thereto annexed, closed up under your seal into our said Probate

Court with all convenient speed.

In Testimony Whereof I, N. F. Overturf

Judge of the said Court, have hereunto set my hand and affixed

the seal of said Court at Delaware O this 24" day of Jan-

uary A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Copy of Will

In the name of the benevolent mother of all, I, Emeline

Barton, of Delaware County, Ohio do make and publish this

my last will and Testament.



Item 1st I desire and bequeath to my daughter Elizabeth Parsons all

my household and kitchen furniture and goods and chattles of every

description that may be left belonging to me at my decease Except

two beds one up stairs. I devise and bequeath to my son Alfred

Barton and one down stairs in the back Bedrome I devise and

bequeath to my son William Barton

Item 2nd I devise and bequeath to my daughter Elizabeth Parsons [crossed out: two] ^one

Hundred fifty Dollars in money to be kept at interest for her benefit

during her natural life Said interest to be paid to her yearly

so long as she shall live and at her Decease I devise and be-

queath said two One Hundred & fifty Dollars to my two grandchildren

Annabell Parsons and William Loren Parsons to be divided

Equally between them after paying my daughters funeral expenses

Item 3rd I devise and bequeath the ballance of my Estate which may be found

in notes or money after paying all my debts and funeral Expenses
Delaware County Ohio Will Records Vol. 9 1890-1893 (167)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (167)

Description

[page 167]

[corresponds to page 138 of Delaware County Ohio Will Records Vol. 9 1890-93]

138

Emeline Barton's Will

and putting up tomb stones to my grave to my two sons Alfred

Barton and William Barton and Ballance of any to be divided

Equally between them.

Item 4th I do hereby nominate and appoint William Barton 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 desire that no appraisement and no sale of my personal property

be made and that the Court of Probate direct the omission of the

same in persuance of the Statute.

I do hereby revoke all former wills by me made.

In testimony hereof I have hereunto set my hand and seal this

22nd day of June in the year 1876.

Emeline Barton {Seal}

Signed and acknowledged by said Emeline Barton as her last will

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

T. B. Potter

H. S. Overturf

Deposition of Witness to Will

The State of Ohio } In the Matter of the last Will and Testament of

Licking County ss } Emeline Barton

Personally appeared before me Thomas Ross Commissioner H S

Overturf subscribing witness to the last Will and Testament of Em-

eline Barton late of Trenton Township in said Delaware County

deceased who being by me first 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 deposes and says that he was present at the

execution of the paper before him bearing date the 22 day of June A.

D. 1876 purporting to be the last Will and Testament of Emeline Bar-

ton now deceased, whose name is signed at the end thereof and at the

request of said deceased subscribed his name to the same as witness in

her presence that he saw the said Emeline Barton sign and seal

said Will and heard her acknowledge the same to be her last Will

and Testament and that the said Emeline Barton at the time of

making signing and sealing said Will was of full age of sound mind

and memory and not under any restraint

H. S. Overturf

Attest Mary Overturf

The State of Ohio }

Licking County ss } I, Thomas Ross duly appointed and com-

missioned by the Judge of the Probate

Court of the County of Delaware and the State of Ohio to take

the testimony of H. S. Overturf and other witness or witnesses

to prove the genuineness of the signature of T. B. Potter sub-
Delaware County Ohio Will Records Vol. 9 1890-1893 (168)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (168)

Description

[page 168]

[corresponds to page 139 of Delaware County Ohio Will Records Vol. 9 1890-93]

139

Emeline Barton's Will

cribing witnesses to the last Will and Testament of Emeline Bar-

ton, deceased, late a resident of said County and State, which Com-

mission, and the said Will are hereto annexed, do hereby certify

that in pursuance of said Commission I caused the above named

H. S. Overturf and Mary Overturf who deposed as here exhibited

to the genuineness of the signature of T. B. Potter And also H.

S. Overturf subscribing witness as aforesaid to appear before me, at

their home in Licking County on the 27" day of January 1891,

that he was first duly sworn by me, according to law, to speak

the truth the whole truth and nothing but the truth that I ex-

amined him in relation to the execution of said Will and reduced

his testimony to writing as above set forth in his presence and that he

signed the same in my presence and I further certify that I am

not Counsel Attorney or Relative of any of the parties named in

said Will or otherwise interested in the Probate thereof.

In witness whereof I have hereunto set my hand

this 27" day of January A.D. 1891.

Thomas Ross

Commissioner.

Proof of Signature of Witness to Will filed Jan. 31/9l

The State of Ohio }

Licking County ss } H. S. Overturf and Mary Overturf being

duly sworn say that they were well ac-

quainted with the hand writing of the said J. B. Potter, having of-

ten seen him write, that the signature T. B. Potter as subscrib-

ing witness to the last Will and Testament of Emeline Bar-

ton, deceased, is in the own proper hand writing and signature

of the said T. B. Potter who at the date of said Will was in

full life and resided in Trenton Township Delaware County

Ohio.

H. S. Overturf

Mary Overturf

Sworn to before me and subscribed in my presence this 27"

day of January A.D. 1891.

Thomas Ross

Commissioner

Journal Entry

January 28" 1891

In the Matter of the Will }

of Emeline Barton - deceased } This matter coming on for hearing and the

parties failing to appear, the same is continued until the 31st day

of January A.D. 1891, at 10 o'clock A.M.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (169)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (169)

Description

[page 169]

[corresponds to page 140 of Delaware County Ohio Will Records Vol. 9 1890-93]

140

Emeline Barton's Will

Journal Entry

January 31st 1891

In the matter of the Will }

of Emeline Barton - deceased }

The Citation heretofore issued herein

Thomas Ross to take the deposition of H. S. Overturf one of the

subscribing witnesses to said Will and to take the deposition of cer-

tain other witnesses touching the proof of the genuineness of the signa-

ture of T. B. Potter the other subscribing witness to said Will 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 to admit the

same to probate and record in this Court has been given to Alfred

Barton and Elizabeth Parsons Wm. Barton having Waived Notice

next of kin of the Testatrix, resident of the State of Ohio pursuant to

a former order of this Court - Whereupon the Court finds from the

depositions as taken that the aforesaid instrument of writing is the last

Will and Testament of said Emeline Barton, deceased, That the same

was duly executed and attested, and that the said Testatrix, at the time

of making signing and sealing said Will was of full age, of sound mind

and memory and not under any restraint. It is, therefore, by the Court

ordered that the said Will be admitted to probate and that the same

together with the depositions of said witnesses, as well as the proceed-

ings had thereon be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (170)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (170)

Description

[page 170]

[corresponds to page 141 of Delaware County Ohio Will Records Vol. 9 1890-93]

141

George Pugh's Will

Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last }

Will and Testament of } Application to Admit to Probate

George Pugh - Deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

George Pugh late a resident of the Township of Radnor in said

County died on or about the 2 day of February A.D. 1891 leaving

an instrument in writing hereto attached, purporting to be his last Will

and Testament. That the said George Pugh died leaving no widow and

the following named persons his only next of kin resident of the

State of Ohio

Name Degree of Kinship P. O. Address

William Pugh Son Olatha Kan.

Elizabeth J. Griffiths Daughter Delaware O

John E. Pugh Son Radnor O

Mary A. Williams Daughter Radnor O

Your petitioner prays that a time may be fixed for the proving of

said Will and that said above named persons may be notified ac-

cording to law of the pending of said proceedings

Jno. E. Pugh

The foregoing application was signed in my presence and sworn to

before me this 10th day of February A.D. 1891

N. F. Overturf

Probate Judge

Waiver Filed Feb. 13/91

We, the undersigned next of kin and legatee of the within named

deceased hereby waive further notice, and consent to the probate

of said Will.

Dated this 10" day of February A.D> 1891.

John E. Pugh

W. T. Pugh

Mary A. Williams

Elizabeth J. Griffiths
Delaware County Ohio Will Records Vol. 9 1890-1893 (171)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (171)

Description


[page 171]

[corresponds to page 142 of Delaware County Ohio Will Records Vol. 9 1890-93]

142

George Pugh's Will

Journal Entry

February 14" 1891. }

In the matter of the Will }

of George Pugh. deceased } This day an instrument of writing purporting

to be the last Will and Testament of George

Pugh, late of Radnor Township in this County, deceased, was produc-

ed in open Court for Probate. In Consideration thereof it is ordered

that the said Will be filed in this Court and thereupon came John

E. Pugh, W. J. Pugh and Elizabeth J. Griffiths next of kin of the

Testator resident of the State of Ohio, and Mary A. Williams, lega-

tee and in writing, waived notice and consented to the probate of said WIll

therefore on this day came Thomas Watkins and John A. Cone 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 writ-

ing is the last Will and Testament of said George Pugh, deceased.

That the same was duly executed and attested, and that the said Tes-

tator at the time of making signing and sealing said WIll, was of

full age, of sound mind and memory and not under any restraint. 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 as well as the proceedings held thereon, be entered of

record in this Court.

This day also came William T. Pugh and John E. Pugh and

filed receipts of Elizabeth J. Griffiths for amount of money paid her

by them under the direction of said Will and requested that said Re-

ceipts be recorded immediately following the record of the Will.

(See Will Record Volume 9, Page 145.)

N. F. Overturf

Probate Judge

Testimony of Witnesses Filed Feb 14/91

In Probate Court } In the Matter of proving the last Will and Testament

Delaware County, Ohio } of George Pugh - Deceased.

The State of Ohio }

Delaware County ss } John A. Cone being duly sworn and examined

as a witness in the above entitled matter, says:

I was present at the execution of the instrument now shown to me,

bearing date the 27" day of May, A.D. 1878 and offered for probate as

the last Will and Testament of George Pugh, late of Radnor Town-

ship in said County of Delaware, deceased, and saw the said George

Pugh now deceased sign and seal said instrument and heard him ac-

knowledge the same to be his last Will and Testament, and I there-

upon at his request, and in his presence subscribed my name to the

same as witness. The said decedent at the time of making, signing and

sealing said instrument was of full age, of sound mind and memory and

not under any restraint

Jno. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (172)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (172)

Description

[page 172]

[corresponds to page 143 of Delaware County Ohio Will Records Vol. 9 1890-93]

143

George Pugh's Will

Sworn to and subscribed by said witness in open Court this 14" day

of February A.D. 1891.

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } Thomas Watkins, being duly sworn and

examined as a witness in the above entitled

matter, says: I was present at the execution of the instrument now

shown to me, bearing date the 27" day of May A.D. 1878 and of-

fered for probate as the last Will and Testament of George Pugh

late of Radnor Township in said County of Delaware, deceased, and

saw the said George Pugh now deceased sign and seal said in-

strument and heard him acknowledge the same to be his last Will

and Testament, and I thereupon, at his request, and in his presence,

subscribed my name to the same as a witness. The said decedent

at the time of making, signing and sealing said instrument was of full

age of sound mind and memory and not under any restraint

Thos. Watkins

Sworn to and subscribed by said witness in open Court, this 14"

day of February A.D. 1891.

N. F. Overturf

Probate Judge

Will

In the name of the benevolent Father of all, I, George Pugh of Del-

aware County of Ohio, do make and publish this my last will and Tes-

tament.

Item I I give, devise and bequeath to my beloved wife Ellen Pugh all the

property of every description, both personal and real, of which I may be

possessed, or which I may own at the time of my decease: she to have

the absolute right to the same as owner thereof, in lieu of Dower, for

her own use and benefit, having the right to sell or dispose of any or

all of said property, personal and real, in case it should be necessary

so to do for her support and maintenance during her natural life.

Item II I give, devise and bequeath to my son William T. Pugh after

the decease of my said wife in case the same shall not have been

previously disposed of, under the first item of this will, the House

and lot which I own in the City of Delaware, Ohio, being situ-

ate on the West side of Franklin Street and North of North Street

in said City, on the condition following, to wit: He, my said son

William T. Pugh shall pay to my daughter Elizabeth J. Grif-

fiths, her heirs or assigns the sum of Five Hundred Dollars, to

wit: - Two Hundred and fifty dollars within three years after the time

when he shall come into possession of said real estate, and the oth-

er Two Hundred and fifty dollars within five years after he shall

come into possession of said property as aforesaid, said payments not

to bear interest until they become due, as above secified, and it is
Delaware County Ohio Will Records Vol. 9 1890-1893 (173)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (173)

Description

[page 173]

[corresponds to index page 144 of Delaware County Ohio Will Records Vol. 9 1890-93]

144

George Pugh's Will

hereby by me declared that said payments shall be a charge and lien as

said House and lot above described.

Item III I give devise and bequeath to my son John E. Pugh, in addition to the

property consisting of horses, or other kind of live stock buggy, money

notes etc, which I have heretofore, or may hereafter give to my said son

John E. previous to my decease, the Farm of about Seventy five

Acres, more or less, situate in Radnor Township, Delaware County

Ohio, it being the farm on which we now reside, after the death of

my said wife and also all the stock, money and credits and chattels of

every description which may remain as part of my estate at the decease

of my said wife, and I desire and direct that in case of my death

previous to the decease of my said wife, that my said son John E.

my said wife shall retain the control of my farm and all things con-

nected therewith in the same manner as I now control the same

my said wife, however, to have the right to control and manage the

same as she may think best in case of any disagreement between

them as to the control of the same: and my said son John E. Pugh

after the decease of my said wife to have and own said farm and personal

property on the following condition to wit: - He is to pay to my daugh-

ter Elizabeth J. Griffiths within five years after he shall come

into the possession of said property, the sum of Five Hundred dollars

and also within the same five years, he shall pay to Mary Ann Wil-

liams, the daughter of my said wife, also the sum of Five Hundred

dollars, and said two payments of five hundred dollars each shall

be a lien and charge on said farm.

Item IIII I hereby nomiinate and appoint my wife Ellen Pugh Executrix of

this will and I will and direct that there be no appraisement nor

sale of any of my property, and I hereby request the Court of Probate

to waive the same in pursuance of the Statute and I further di-

rect that my said wife be not required to give bonds as executrix

as aforesaid.

I hereby revoke all former wills or parts of will by me heretofore

made and I do hereby publish and declare this to be my last will

and testament.

In witness whereof I have hereunto subscribed my name

and affixed my seal this 27" day of May 1878.

George Pugh {Seal}

Signed by the said George Pugh and by him declared to be

his last will and testament in our presence and by us as witness-

es hereto in his presence and at his request and in the presence of

each other, the day and year above written.

Thomas Watkins

John A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (174)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (174)

Description

[page 174]

[corresponds to page 145 of Delaware County Ohio Will Records Vol. 9 1890-93]

145

George Pugh Estate

Receipt Filed Feby. 14/91

Delaware O. Feby. 14 - 1891

Received of William T. Pugh Five Hundred Dollars in full

of a certain Legacy bequeathed to me by the Last Will and Testament

of George Pugh, dec'd, late of Radnor Township Delaware Coun-

ty Ohio and which legacy of Five Hundred Dollars was and is

made a charge by the terms of said Will in certain real estate, to -

wit: a certain lot & house in the City of Delaware Ohio which

property was bequeathed & devised by said Will to said Wm. T.

Pugh and said Lot being described as Out Lot No. 38 and said

payment of Five Hundred Dollars as for the full and complete

release of all right title and interest which I have as legatee under

said Will or as one of the heirs at Law of said George Pugh -

dec'd and said Will having been admitted to Probate and record

in the Probate Court of Delaware County Ohio, on this date -

Elizabeth J. Griffiths

Humphrey Griffiths

Her Husband

Receipt Filed Feby. 14/91

Delaware Ohio Feby 14, 1891.

Received of John E. Pugh Four Hundred and Seventy

dollars in full of a certain Legacy of Five Hundred Dollars

bequeathed to me by the last Will and Testament of George Pugh

deceased, late of Radnor Township Delaware County Ohio and

which Legacy of Five Hundred Dollars was and is made a charge

by the terms of said Will on certain real estate to wit: a certain

farm of about Seventy five Acres situate in Radnor Township

Delaware County Ohio which farm was bequeathed and de-

vised by said Will to said John E. Pugh and said payment

of Four Hundred and Seventy Dollars is for the full and com-

plete release of all right, title and interest which I have as leg-

atee under said Will or as one of the heirs at Law of said George

Pugh deceased and said Will having been admitted to Pro-

bate and record in the Probate Court of Delaware County, Ohio

on this date

Elizabeth J. Griffiths

Humphrey Griffiths

Her Husband

Receipt

Received of John E. Pugh Five Hundred Dollars, and all

the accrued interest thereon, in full of the legacy of $500-

bequeathed to me by the foregoing Will of George Pugh deceased,

and I hereby cancel and release the lien for the payment of

said legacy on the real estate devised to said John E. Pugh

by the terms of said WIll

Witness my signature

the 1st day of April 1908 Mary Ann Williams
Delaware County Ohio Will Records Vol. 9 1890-1893 (175)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (175)

Description

[page 175]

[corresponds to page 146 of Delaware County Ohio Will Records Vol. 9 1890-93]

146

Henton Tallman's Will

Journal Entry

February 23rd 1891 }

In the Matter of the Will of}

Henton Tallman deceased } This day an instrument of writing purporting

to be the last Will and Testament of Hen-

ton Tallman, late of Delaware City in this County, deceased and

produced in open Court for Probate: on consideration whereof it is 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

Amanda M. Tallman - widow and Frances M. Anderson - Charley

T. Watkins - George H. Watkins- Frank Watkins - Mamie Watkins

Neta Tallman - Pearl Thompson and Effie Thompson - William

H. H. Tallman having in writing waived Notice and consented to the

probate of said Will) next of kin of the Testator, resident of the

State of Ohio that said application will be for hearing before this Court

on the 26th day of February. A.D. 1891, at 10 o'clock A.M. to which

time this matter is contined.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Feb. 23/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of Henton Tall- } Application to Admit to Probate

man - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

Henton Tallman late a resident of the Township of Delaware in

said County died on or about the 14" day of February A. D. 1891.

leaving an instrument in writing hereto attached, purporting to be

his last Will and Testament - That the said Henton Tallman

died leaving Amanda M. Tallman widow and the following named

persons his only next of kin resident of the State of Ohio

Name Degree of Kinship P. O. Address

William H. H. Tallman Son Delaware O

Frances M. Anderson Daughter Sandusky O

Charles T. Watkins } Grand Children }

George H. " } Children of a } Delaware O

Frank " } deceased Daughter }

Minnie " } Nancy J. Watkins }

Neta Tallman } Grand daughter Findlay O

Daughter of Geo. Tallman

Pearl Thompson Grand daughter Galion O

Effie Thompson Daughter of Phoebe J. Thompson
Delaware County Ohio Will Records Vol. 9 1890-1893 (176)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (176)

Description

[page 176]

[corresponds to page 147 of Delaware County Ohio Will Records Vol. 9 1890-93]

147

Henton Tallman's Will

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings.

W. H. H. Tallman

The foregoing application was signed in my presence and sworn to

before me, this 23rd day of February A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

I, the undersigned one of the next of kin of the within named dece=

dent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 23rd day of February, A.D. 1891.

William H. H. Tallman

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament

of Hinton Tallman - deceased.

I, William H. H. Tallman:

You are hereby commanded to

notify Amanda M. Tallman, Frances M. Anderson. Charles

T. Watkins, George H. Watkins, Frank Watkins, Mannie

Watkins, Neta Tallman - and Pearl Thompson - Effie Thomp:

son that on the 23rd day of February A. D. 1891, an instrument of

writing, purporting to be the last Will and Testament of Henton

Tallman late of Delaware Township in said County deceased, was

produced in said Court, and an application to admit the same to

probate was on the same day made in said Court. Said applica=

tion will be for hearing this Court on the 26" day of February A.

D. 1891 at 10 o'clock A. M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 23rd day of February, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

Proof of Service Filed: Feb 26/91

The State of Ohio }

Delaware County ss } William H. H. Tallman being duly sworn,

says that on the 24 day of February, A.

D. 1891, he served the within notice by delivering a true copy thereof

to the within named Amanda M. Tallman Frances M. Ander=

son - Charles T. Watkins - George H. Watkins Mannie Wat=

kins whose proper name is Nina May Watkins - Neta Tallman and

Pearl Thompson on whose proper name is F. Pearl Thompson Effie

Thompson is not a resident of the State of Ohio & Frank Watkins

William H. H. Tallman
Delaware County Ohio Will Records Vol. 9 1890-1893 (177)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (177)

Description

[page 177]

[corresponds to page 148 of Delaware County Ohio Will Records Vol. 9 1890-93]

148

Henton Tallman's Will

Subscribed in my presence and sworn to before me this 26" day of

February A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

February 26" 1891 }

In the matter of the Will of }

Henton Tallman - deceased } Be it remembered, that heretofore to wit:

on, the 23rd day of February, A.D. 1891

an instrument of writing, purporting to be the last Will and Testament

of Henton Tallman late of Delaware City in this County, deceased,

was produced in open Court for probate, and was then filed. And, it

not 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 M. Tallman -

widow - Frances M. Anderson - Charles T. Watson - George H.

Watkins - Frank Watkins - Mannie Watkins - whose proper name is

Nina May Watkins - Neta Tallman - and Pearl Thompson -

William H. H. Tallman having waived Notice) next of kin of

the Testator, resident of the State of Ohio - pursuant to a former

order of this court; therefore, on this day came Sonie Welch one of

the subscribing witnesses to said Will, who being duly sworn, testi:

fied to the due execution and attestation of said Will, which testimony

was reduced to writing, by him subscribed, and filed with said Will.

And the further hearing of this Will is continued to take the

testimony of Henry S. Culver the other subscribing witness to said

Will, until the 4" day of March, A. D. 1891 at 4 o'clock P.M.

N. F. Overturf

Probate Judge

"Testimony of Witness" Filed Feb. 26/91
Mch 4/91

In Probate Court } In the Matter of Proving the last Will

Delaware County, Ohio } and Testament of Henton Tallman - deceased

The State of Ohio }

Delaware County ss } Sonie Welch, being duly sworn and examined as

was present at the execution of the instrument now shown to me, bearing

date the 3rd day of December, A. D. 1889 and offered for probate as the

last Will and Testament of Henton Tullman late of Delaware

Township, in said County of Delaware, deceased, and saw the said hen=

ton Tallman now deceased sign and seal said instrument, and heard

him acknowledge the same to be his last Will and Testament, and

I, thereupon, at this request, and in his presence, subscribed my name to

the same as a witness. The said decedent, at the time of making signing

and sealing said instrument, was of full age, of sound mind and memory,

and not under any restraint.

Sonie Welch
Delaware County Ohio Will Records Vol. 9 1890-1893 (178)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (178)

Description

[page 178]

[corresponds to page 149 of Delaware County Ohio Will Records Vol. 9 1890-93]

149

Henton Tallman's Will

Sworn to and subscribed by said witness in open Court, this 26" day

of February, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County ss } Henry S. Culver being duly sworn and exam=

ined as a witness in the above entitled matter

says; I was present at the execution of the instrument now shown

to me, bearing date the 3rd day of December. A. D. 1889, and offered

for probate as the last Will and Testament of Henton Tallman -

late of Delaware Township in said County of Delaware, de=

ceased, and saw the said Henton Tallman, now deceased, sign

and seal said instrument, and heard him acknowledge the same

to be his last Will and Testament and I, thereupon, at his request,

and in his presence, subscribed my name to the same as a witness.

The said decedent, at the time of making, signing and sealing said

instrument, was of full age, of sound mind and memory and not

under any restraint.

Henry S. Culver

Sworn to and subscribed by said witness in open Court, this 4"

day of March, A. D. 1891

{Seal} N. F. Overturf

Probate Judge

Journal Entry

March 4th 1891

In the Matter of the Will }

of Henton Tallman - deceased }

This day came Henry S. Culver, the

other subscribing witness to said Will, who being duly sworn, testi=

fied to the due execution and attestation of said Will, which testi=

mony was reduced to writing, by him subscribed, and filed with said

Will. Whereupon the Court finds that the aforesaid instrument

of writing is the last Will and Testament of said Henton

Tallman deceased. That the same was duly executed and attested

and that the said Testator, at the time of making, signing and

sealing said Will, was of full age, of sound mind and memory, and

not under any restraint. 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, as well

as the proceedings had thereon, be entered of record in this Court -

Citation ordered and issued to Amanda M. Tallman, widow of

said decedent - to elect as to said Will, as required by law.

N. F. Overturf

Probrate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (179)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (179)

Description

[page 179]

[corresponds to page 150 of Delaware County Ohio Will Records Vol. 9 1890-93]

150

Henton Tallman's Will

Copy of Will

In the name of the Benevolent Father of All I Henton Tall:

man of the City of Delaware Delaware County, Ohio, being of

sound and disporing mind and memory do make and publish this my last

Will and Testament.

First - I desire that all my just debts and funeral expenses shall

be paid.

Second - I will and bequeath unto my dearly beloved wife Amanda

M. Tallman all my property both real and personal of every

description during her natural life and at her death to be divided equal:

ly among my children or their Legal representatives, and I further di=

rect that of the income of my property or the use of the same both real and

personal is not sufficient to the proper support of my said wife that

she shall use of the principal such amount as is necessary to prop:

erly & comfortably support her during her life.

Third - I appoint as executors to this my last Will and Testament

my dear son, William H. H. Tallman & William B.

Thompson of the City of Columbus, Ohio

Witness my hand & seal this 3rd day

of December A.D. 1889

Henton Tallman

Signed by the Testator Henton Tallman as and for his last will

and Testament in our presence who at his request & in his presence &

in the presence of each other have signed our names as subscribing wit=

nesses.

Sonie Welch

Henry S. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (180)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (180)

Description

[page 180]

[corresponds to page 151 of Delaware County Ohio Will Records Vol. 9 1890-93]

151

Elizabeth Donovan's Will

Journal Entry

March 5th 1891 }

In the Matter of the Will of }

Elizabeth Donovan - deceased } This day, an instrument of writing, pur=

porting to be the last Will and Testament

of Elizabeth Donovan, late of Delaware Township, in this Coun=

ty, deceased, was produced in open Court for Probate: On considera=

tion where of , it is 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 Harry Donovan - Thomas Donovan -

Ellen Olney - Emma Clark - and Bell Gwinner (John Don=

ovan having in writing waived Notice and consented to the probate of said

Will) next of kin of the Testator, resident of the State of Ohio

that said application will be for hearing before this Court on the 10th

day of March A. D. 1891 at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last Will }

and Testament of Elizabeth } Application to Admit to Probate

Donovan - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Elizabeth Donovan late a resident of the Township of Dela=

ware in said County, died on or about the 6" day of November A.

D. 1890, leaving an instrument in writing, hereto attached, purporting

to be her last Will and Testament. That the said Elizabeth

Donovan died leaving the following named persons her only next of kin

resident of the State of Ohio:

Name Degree of Kinship P.O. Address

John Donovan Son Delaware O.

Harry Donovan " " "

Thomas Donovan " " "

Taylor Donovan " Red Oak, Iowa

Ellen Olney Daughter Delaware O

Emma Clark " " "

Bell Gwinner " " "


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified

according to law of the pending of said proceedings
Delaware County Ohio Will Records Vol. 9 1890-1893 (181)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (181)

Description

[page 181]

[corresponds to page 152 of Delaware County Ohio Will Records Vol. 9 1890-93]

152

Elizabeth Donovan's Will

The foregoing application was signed in my presence and sworn to before

me, this 5" day of March, A. D. 1891.

N. F. Overturf

Probate Judge

I, the undersigned one of the next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will

Dated this 5th day of March, A. D. 1891.

John Donovan


Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and Testament

of Elizabeth Donovan - deceased.

To John Donovan

You are hereby commanded to not:

ify Harry Donovan, Thomas Donovan - Ellen Olney - Emma

Clark and Bell Gwinner that on the 5th day of March A. D.

1891 an instrument of writing, purporting to be the last Will and Testa=

ment of Elizabeth Donovan late of Delaware Township in said

County, deceased, was produced in said Court, and an application to

admit the same to probate was in the same day made in said court

Said application will be for hearing, before this Court in the 10" day of

March, A. D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Pro=

bate Court, at Delaware, Ohio, this 5" day of March A. D. 1891.

{Seal} N.F. Overturf

Probate Judge

Proof of Service Filed Mch 10/91

The State of Ohio }

Delaware County, ss } John Donovan being duly sworn says

that on the 5" day of March, A. D. 1891.

he served the within named by delivering a true copy there of to the

within named Harry Donovan, Thomas Donovan - Ellen Olney

Emma Clark and Bell Gwinner.

John Donovan

Subscribed in my presence and sworn to before me this 10" day

of March A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (182)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (182)

Description

[page 182]

[corresponds to page 153 of Delaware County Ohio Will Records Vol. 9 1890-93]

153

Elizabeth Donovan's Will

Testimony of Witnesses Filed Mch 10/91

In Probate Court } In the Matter of Proving the last Will and
}
Delaware County, Ohio } Testament of Elizabeth Donovan - deceased

The State of Ohio }
}
Delaware County, ss. } Carrie Gwinner, being duly sworn and ex=

amined as a witness in the above entitled mat=

ter, says, I was present at the execution of the instrument now shown

to me, bearing date the 20th day of February, A. D. 1885, and offered

for probate as the last Will and Testament of Elizabeth Donovan,

late of Delaware Township, in said County of Delaware deceased,

and saw the said Elizabeth Donovan, now deceased sign and seal

said instrument, and heard her acknowledge the same to be her last

Will and Testament, and I, thereupon, at her request, and in

her presence, subscribed my name to the same as a witness. The

said decedent, at the time of making, signing and sealing said instru=

ment; was of full age, of sound mind and memory, and not under any

restraint.

Carrie Gwinner Donovan

Sworn to and subscribed by said witness in open Court, this 10th

day of March, A. D. 1891.

N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County, ss } Jackson Hipple, being duly sworn and

examined as a witness in the above en=

titled matter, says; I was present at the execution of the instru=

ment now shown to me, hearing date the 20" day of February,

A. D. 1885 and offered for probate as the last Will and Testa=

ment of Elizabeth Donovan, late of Delaware Township in

said County of Delaware, deceased, and saw the said Elizabeth

Donovan, now deceased, sign and seal said instrument, and heard

her acknowledge the same to be her last Will and Testament;

and I, thereupon, at her request, and in her presence, subscribed

my name to the same as a witness. The said decedent, at the

time of making, signing and sealing said instrument, was of

full age, of sound mind and memory, and not under any restraint.

Jackson Hipple

Sworn to and subscribed by said witness in open Court, this

10" day of March A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (183)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (183)

Description

[page 183]

[corresponds to page 154 of Delaware County Ohio Will Records Vol. 9 1890-93]

154
Elizabeth Donavan's Will

Journal Entry

March. 10th 1891.

In the Matter of the Will of}

Elizageth Donovan- deceased } Be it remembered, that heretofore to wit:

on the 5th day of March A.D. 1891 an

instrument of writing, purporting to be the last Will and Testament

of Elizabeth Donovan- late of Delaware Township, in this Coun:

ty, 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 Harry

Bell Gwinner (John Donovan having waived Notice) next of

kin of the Testatrix, resident of the State of Ohio, pursuant to a

former order of this Court; therefore, on this day came Carrie

Gwinner Donovan and Jackson Hipple the subscribing witness:

es to said Will, who being duly sworn, testified to the due exe:

cution 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 Elizabeth Donovan,

deceased. That the same was duly executed and attested, and

that the said Testatrix, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not

under any restraint. 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, as well as the

proceedings had therein, be entered of record in this Court.

N.F. Overturf

Probate Judge.


Will Filed Mch 5/91.

I Elizabeth Donovan of the City of Delaware County of

Delaware and State of Ohio do make and publish this my Last

Will and Testament

Item 1.

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

and that my Executor hereinafter named purchase a suitable burial Lot

in Oak Grove Cemetery in said City. Also that he purchase and

place thereon a suitable monument, which I desire to be my burial place.

Item 2,

I give and devise to my son Taylor Donovan & his heirs forever One

hundred dollars to be paid to him by my Executor.

Item 3.

I give and devise to my son Thomas Donovan and his heirs forever The

north part of the following described premises To-wit- Being the same

premises converyed to me by Frederick Grebner & wife by deed dated May

2nd 1864. Recorded in Vol. 54- pages 259 & 260 Records of Deeds of

Delaware County, Ohio. Situate in the City of Delaware County

of Delaware and State of Ohio in R. 19, Tp 5. Sec 4. & part of farm

Lot No. 12. Known as Out Lots No. 1 & 2. Bounded and described as

follows Commencing at the S.W. corner of Lot N. in a Subdivision
Delaware County Ohio Will Records Vol. 9 1890-1893 (184)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (184)

Description

[page 184]

[corresponds to page 155 of Delaware County Ohio Will Records Vol. 9 1890-93]


Elizabeth Donovan's Will 155

among the heirs of Milo D. Pettibone, thence N. to the S line of the Strip

of land heretofore deeded to the C.C. & C.R.R.C. by S. Finch for road:

way thence Eastwardly along said South line of said Strip 12 rods and one

hundredth of a rod. thence South to the South line of said Lot thence

West to the place of beginning being Out Lots 1 & 2 as called in a subdivis-

ion made by James Eaton Sept. 28. 1853 for Finch & Lamb supposed

to contain about 2 1/2 acres of land"

The North part of the above described premises above devise to said Thom:

as Donovan & his heirs is to extend from the North line far enough

south to include the Barn or Stable on said premises together with

the dwelling house and all other privileges & appurtenances as belonging to

said North part- and extends the whole length of said premises from

East to West

Item 4.

I give and devise to my sons John Donovan and Harry Donovan and their

heirs forever The middle part of said Out Lots No 1 & 2 bounded in the

North by a line across the same from East to West at the south line of said

Barn or Stable and on the South by a line across the said premises from

East to West 12 rods north of the South line of said premises with all the

buildings privileges & appurtenances on said middle part.

Item 5.

I give and devise to my daughter Belle Gwinner & her heirs forever four

rods in width off the South End of said Out Lots No 1 & 2 with all

the privileges & appurtenances thereunto belonging.

Item 6.

I give bequeath & devise to my son Thomas Donovan & his heirs forever all

my household goods & furniture and kitchen furniture beds & bedding.

Item 7.

All the rest and residue of my property goods, chattels, money & notes I

give devise and bequeath to my daughters Ella Olney Emma Clark

Belle Gwinner and my sons Thomas Donovan John Donovan & Harry

Donovan share & share alike to them & their heirs forever.

Item 8.

I do hereby nominate and appoint John Donovan my son Executor of

this my last Will and Testament hereby authorizing and empowering him

to compromise, adjust, release and discharge in such manner as he may

deem proper the debts and claims due me in order to carry out the pro:

visions of the foregoing Will

I desire that no appraisement and no sale of my personal property be

made and that the Court of Probate direct the omission of the same in

pursuance of the Statute

I do hereby revoke all former Wills by me made.

In testimony whereof I have hereunto set my hand and seal this 20th

day of February A.D. 1885.

Elizabeth Donovan. {Seal}

Signed and acknowledged by said

Elizabeth Donovan as her last

Will and Testament in our presence

and signed by us in her presence

Carrie Gwinner

Jackson Hipple.
Delaware County Ohio Will Records Vol. 9 1890-1893 (185)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (185)

Description

[page 185]

[corresponds to page 156 of Delaware County Ohio Will Records Vol. 9 1890-93]


156 James Smith Campbell's Will

4845 Journal Entry

March. 10th 1891.

In the Matter of the Will of }

James Smith Campbell-deceased} This day an instrument of writing, pur:

porting to be the last Will and Testament of

James Smith Campbell, late of Delaware City, in the County

deceased, was produced in open Court for Probate. On consideration

whereof it is 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 to Antoinette L. Campbell, his widow, and

John E. Campbell, Antoinette C. Edwards. Katherine L

Edwards and Mary Joe Edwards (Joseph D. Campbell hav:

ing, in writing waived notice and consented to the probate of said Will)

next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 14th day of March

A.D. 1891 at 4 o'clock P.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed mch 10/91


The State of Ohio } In Probate Court

Delaware County.ss.}

In the Matter of the }

Last Will and Testament } Application to Admit to Probate.

of James Smith Camp: }

bell - Deceased ~ }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County

Your petitioner respectfully represents that

James Smith Campbell, late a resident of the Township of Dela-

ware in said County, died on or about the 4" day of March. A.D.

1891, leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said James Smith Camp:

bell died leaving Antoinette L. Campbell, widow and the following

named persons his only next of kin resident of the State of Ohio.


Name Degree of Kinship P.O. Address

John E. Campbell Son Delaware O.

Joseph D. Campbell " " "

Antoinette C. Edwards Grand daughter " "

Katherine L. Edwards " " "

Mary Joe Edwards " " "


Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified according to

law of the pending of said proceedigns.

J. D. Campbell.
Delaware County Ohio Will Records Vol. 9 1890-1893 (186)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (186)

Description

[page 186]

[corresponds to page 157 of Delaware County Ohio Will Records Vol. 9 1890-93]

James Smith Campbell's Will 157

The foregoing application was signed in my presence and sworn to be:

fore me, this 10" day of March. A.D. 1891.

N.F. Overturf

Probate Judge.


I, the undersigned one of the next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will

Dated this 10" day of March A.D. 1891.

J.D. Campbell.


Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the matter of the last Will and Testa:

ment of James Smith Campbell- deceased.

To Joseph D. Campbell:

You are hereby commanded to

notify Antoinette L. Campbell- John E. Campbell - Antoinette

C. Edwards Katherine L. Edwards and Mary Joe Edwards

that on the 10" day of March A.D. 1891, an instrument of writing, pur:

porting to be the last Will and Testament of James Smith Campbell

late of Delaware Township, in said County deceased. was produced in

said Court, and an application to admit the same to probate was on

the same day made in said Court. Said application will be for hear:

ing before this Corut on the 14" day March A.D. 1891 at 4 o'clock

P.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 10" day of March A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed 12/91


The State of Ohio }

Delaware County.ss} Joseph D. Campbell being duly sworn

says that on the 10" day of March A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named Antoinette L. Campbell- John E. Campbell-

Antoinette C. Edwards- Katherine L. Edwards- Mary Joe

Edwards.

J.D. Campbell.

Subscribed in my presence and sworn to before me this 12" day of

March. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (187)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (187)

Description

[page 187]

[corresponds to page 158 of Delaware County Ohio Will Records Vol. 9 1890-93]

158 James Smith Campbell's Will

Journal Entry

March 14th 1891.

In the Matter of the Will of }

James Smith Campbell- dec. }

Be it remembered that heretofore to wit:

on the 10th day of March. A.D. 1891. an instrument of writing, purport-

ing to be the last Will and Testament of James Smith Camp:

bell late of Delaware City, in this County- deceased- was produced

in open Court for probate, and was then filed. And it now being

shown to the satisfcction of the Court, that due notice of the filing of

said Will, and of the application to admit the same to probate and rec:

ord in this Court has been given to Antoinette L. Campbell, his

widow- and John E. Campbell, Antoinette C. Edwards- Kathe:

rine L. Edwards- and Mary Joe Edwards (Joseph D Camp:

bell having waived Notice) next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court.

And the further hearing of this Will is continued to Monday the

16th day of March. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Probate of Will Filed Mch 16/91


The State of Ohio } In Probate Court

Delaware County.ss }

Personally appeared in open Court Isaac

R. Elston and William A Hall the subscribing witnesses to the

last Will and Testament of James Smith Campbell late of Del:

ware Township in said Delaware 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 execution of said Will, depose and say

That the paper before them bearing date the 10" day of September. A.

D. 1887 purporting to be the last Will and testament of James

Smith Campbell now deceased is the Will of said deceased James

Smith Cempbell 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 James Smith Campbell deceased, sign and seal said Will,

and heard him acknowledge the same to be his last Will and Testa:

ment, and that the said James Smith Campbell at the time

of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Isaac R. Elston

William A. Hall

Sworn to and subscribed by said witnesses, in open Court this

16" day of March. A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (188)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (188)

Description

[page 188]

[corresponds to page 159 of Delaware County Ohio Will Records Vol. 9 1890-93]

James Smith Campbell's Will 159


Journal Entry

March. 16th 1891

In the Matter of the Will of: }

James Smith Campbell- deceased.} This day came Isaac R. Elston and

William A. Hall, the subscribing wit:

nesses 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 is the last Will

and Testament of said James Smith Campbell, deceased. That the

same was duly executed and attested; and that the said Testator, at the

time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. 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

as well as the proceedings had thereon, be entered of record in this court.

Citation ordered and issued to Antoinette L. Campbell, widow of

said decedent, to elect as to said Will, as required by law, And

thereupon came the said Widow, and in writing acknowledged service of

the said Citation.

N.F. Overturf

Probate Judge.


Will

I, James S. Campbell of Delaware in the County of Delaware

and State of Ohio do hereby make and publish my last will and tes:

tament, intending thereby to dispose of all my worldly estate of which

I shall be possessed at the time of my decease.

First ~ I give devise and bequeath unto my beloved wife Antoinette

L. Campbell (in case she survives me) all my estate both real and

personal, in whatever it consists or wherever situated at the time of

my decease, absolutely: and if my said wife Antoinette L. Campbell

should not be living at the time of my decease I desire my whole

estate divided in the following manner to wit:

First ~ That all my just debts and funeral expenses and the

costs of administration be first paid.

Second ~ I give devise and bequeath unto my son John E. Camp:

bell one full equal one third (1/3) part of my estate, both real and

personal in whatever it consists or wherever situated at the time of

my decease, after the payment of my said debts and costs of ad:

ministration.

Third ~ I give devise and bequeath unto my son Joseph D.

Campbell one full equal one third (1/3) part of my estate (after the

payment of said debts and costs of administration) both real and

personal, in whatever it consists or wherever situated at the time of my

decease

Fourth ~ I devise and bequeath unto my son John E. Campbell and

his heirs the residue and remainder of all my estate, real and personal

of which I shall die seized or possessed, after the payment of my debts
Delaware County Ohio Will Records Vol. 9 1890-1893 (189)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (189)

Description

[page 189]

[corresponds to page 160 of Delaware County Ohio Will Records Vol. 9 1890-93]


160 John Smith Campbell Will

and the expenses of administration together with such legacies and be:

quests as are hereinbefore made- In Trust - for the uses and purposes

following, to wit: First In trust to lease the said real property and to take

collect and receive the rents issues and profits thereof and out of the same

to keep the said premises in good order and repair and properly insured and

pay all taxes assessments and charges that may be imposed thereon.

Second. In trust to sell and convert all of said interest in my personal

estate into money at any time and in such manner as in the Judgment

of said trustee, will be for the best interest of said estate.

Third ~ In trust, to sell all of said interest in my said real estate and

convey the same by deed to quit claim, with warranty against incum:

brance at any time and in any manner he may deem it for the best

interest of said estate or for the best interest of my Grand Children

hereinafter mentioned. and invest the proceeds of such sale in such

manner as will be in his Judgment for the best interest of said es:

tate and said Children.

Fourth ~ Out of the rents aforesaid or proceeds of sale of either per:

sonal or real property or both to pay the expenses of supporting, main:

taining and educating each of my Grand Children by my daugh:

ter Mary Edwards to wit: Antoinette Catharine and Mary

Edwards, in such manner as he shall deem suitable and proper un:

til my said Grand Children shall all arrive at legal age.

Fifth ~ When all of my said Grand Children shall arrive at legal

age my. Trustee shall convey all the remaining part of said estate here:

inbefore conveyed to him if there be any unconveyed) together with

any income of the same remaining in his hands - or pay the proceeds of

said estate (if the same has been sold by him as hereinbefore provided)

remaining in his hands to my said Grand Children or to those who

are then living in equal shares - and if all of said Grand Children

should die before the period above named, for distribution, then said es:

tate or the proceeds thereof remaining in the hands of my said Trustee

shall be divided equally between my sons John E. and Joseph D.

Campbell or their heirs.

I hereby appoint said Joseph D. Campbell Executor of this

my last Will and Testament and request that no appraisement and

no sale of my personal property be made and that no bond be required of

my said executor, 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

tenth day of September. A.D. 1887.

James Smith Campbell. {Seal}


Signed and acknowledged by said James S. Campbell as his last

Will and Testament in our presence - and signed by us in his pres:

ence
Isaac R. Elston

William A. Hall
Delaware County Ohio Will Records Vol. 9 1890-1893 (190)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (190)

Description

[page 190]

[corresponds to page 161 of Delaware County Ohio Will Records Vol. 9 1890-93]

161

Zane Wilson's Will

4854

Journal Entry

April 20" 1891

In the Matter of the Will }

of Zane Wilson deceased }

An authenticated copy of the last Will

and Testament of Zane Wilson deceased, late of Los Angeles Coun-

ty - State of California, was this day presented to this Court for record

by Floe Wilson, whereupon the Court being satisfied on examina-

tion that said Will was duly executed and proved according to the laws

of the State of California, and part of the property by said Will de-

vised being situated in this County, said Copy is hereby admitted

to record in this Court according to law

N. F. Overturf

Probate Judge


In the Superior Court

of

The County of Los Angeles, State of California

In the Matter of the Estate } Order Appointing Time for Probate of Will and

of Zane Wilson - deceased } Publication of Notice of the same, and time of setting by the Clerk

It is hereby Ordered, that Tuesday, the 3rd day of March 1891 at 10

o'clock A.M., of said day, at the Court Room of said Court Department

Two thereof, corner of Franklin and New High streets, in the City of

Los Angeles, in the County of Los Angeles be and the same is hereby

appointed the time and place for proving the last Will and Testament of

said Zane Wilson, deceased and hearing the application of Floe Wilson

for letters testamentary and any person interested may appear and contest

the said Will and may file objections in writing to the granting of letters

testamentary to said petitioner.

It is further Ordered, that notice be given thereof by the Clerk

of said Court by publication not less than ten days before said day of

hearing aforesaid in the Evening Express a newspaper printed and

published in said County

Dated Feb. 17th 1891.

W. H. Clark

Judge of the Superior Court

State of California } ss

County of Los Angeles }

Be it Remembered that the hearing

of the petition herein by the Court is hereby fixed for Tuesday,

the 3rd day of March 1891, at the Court room of the Superior

Court, Department Two thereof, corner of Franklin and New

High streets, City of Los Angeles, State of California at
Delaware County Ohio Will Records Vol. 9 1890-1893 (191)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (191)

Description

[page 191]

[corresponds to page 162 of Delaware County Ohio Will Records Vol. 9 1890-93]

162

Zane Wilson's Will

10 o'clock A.M.

Date Feb 17 1891

T. H. Ward - Clerk

By M. J. Ashmore

Deputy Clerk

In the Superior Court of the County of Los Angeles

State of California

In the Matter of the Estate of } Order Admitting Will to Probate

C. C. P. Sect. 1308

The Petition of Floe Wilson heretofore filed in the above entitled matter

praying for the admission to probate of a certain document filed herein pur-

porting to be the last WIll and Testament of Zane Wilson deceased to

be appointed Executrix of the said last Will and Testament of said de-

ceased and that Letters Testamentary thereon be granted to said petition-

er, this day regularly coming on to be heard, and due proof being made

that notice has been duly given of the time appointed for proving said Will

and for hearing said petition according to law to all parties interested and

after examining the said petitioner and Henry Hart and William

Uhl the subscribing witnesses to said Will and it appearing that said

document is the last Will and Testament of said Zane Wilson de-

ceased: That it was executed in all particulars as required by law and

that the said testator at the time of the execution of the same was of

sound and disposing mind and not acting under undue influence men-

ace fraud or duress, and that said testator died on or about the 6th day

of Feb. A.D. 1891 and was a resident of the County of Los Angeles

in the State of California at the time of his death, and that he left

estate of the value and character as follows, to wit: Personal estate of the

value of Nine Hundred Dollars and the annual rents, issues and

profits of the value of none Dollars.

It is ordered that the said document heretofore filed purporting

to be the last Will and Testament of Zane Wilson deceased be ad-

mitted to probate as the last will and testament of said deceased the

said Floe Wilson be, and she is hereby appointed Executrix and the

Letters Testamentary thereon issue to said petitioner: Floe Wilson

upon taking the oath as required by law

W. S. Pierce

Judge of the Superior Court

Presiding

Dated March 3rd A.D. 1891
Delaware County Ohio Will Records Vol. 9 1890-1893 (192)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (192)

Description

[page 192]

[corresponds to page 163 of Delaware County Ohio Will Records Vol. 9 1890-93]

163

Zane Wilson's Will

In the Superior Court

The County of Los Angeles, State of California

In the Matter of the Probate } Letters Testamentary

of Zane Wilson - deceased }

State of California }

County of Los Angeles ss } The Last Will and Testament of Zane

Wilson deceased (a copy of which is hereto

annexed) having been proved and recorded in the Superior Court of the

County of Los Angeles, State of California and Floe Wilson who

is named therein, is hereby appointed Executrix

Witness: T. H. Ward Clerk

of the Superior Court of the County of Los Angeles, with the Seal

of the Court affixed the 3 day of March A.D. 1891

{Seal} By order of the Court

T. H. Ward, Clerk

` By F. E. Lowry

Deputy Clerk

State of California } ss

County of Los Angeles } I do solemnly swear that I will support

the Institution of the United States and

the Constitution of the State of California and that I will faith:

fully perform according to law the duties of Executrix of the last

Will and Testament of Zane Wilson, deceased.

Floe Wilson

Subscribed and sworn to before me this 3rd day of March A.D. 1891.

T. H. Ward

County Clerk and exofficio

Clerk of the Superior Court

By F. E. Lowry Deputy Clerk -

State of California } ss

County of Los Angeles } I, T. H. Ward, County Clerk and Ex-

Officio Clerk of the Superior Court within

and for the County and State aforesaid do hereby certify the foregoing

to be a full true and correct copy of the original Letters Testamen-

tary granted herein, as the same appears of record and on file in

my office, and that I have carefully compared the same with the

original.

In Witness Whereof, I have hereunto set my hand and

affixed the Seal of the Superior Court this day of 189

T. H. Ward

County Clerk
Delaware County Ohio Will Records Vol. 9 1890-1893 (193)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (193)

Description

[page 193]

[corresponds to page 164 of Delaware County Ohio Will Records Vol. 9 1890-93]

164

Zane Wilson

In the Name of God, Amen

I Zane Wilson of Monrovia County of Los Angeles, State of Cal-

ifornia, of the age of Forty One years and being of sound and disposing

mind and memory, and not acting under duress menace fraud or undue

influence of any person whatever, do make, publish and declare this my

last Will and Testament in manner following: that is to say:

First After my death I do hereby authorize my hereinafter named

Executrix to bury my body in a decent manner and pay all my

just debts out of my property real and personal

Secondly After all my debts are paid I bequeath all my proper-

ty personal and real now in my possession to my dear Wife, Floe

Wilson, for her use and purpose and dispose of it as she may choose

My real estate is composed of a Farm of 108 acres located in Dela-

ware Co. and State of Ohio. My residence in Monrovia and a half

interest in a Lot near the City of Pasadena, in Los Angeles Coun-

ty and State of California.

Thirdly. I do hereby constitute and appoint my Wife Floe

Wilson as my Executrix of this my last Will and Testament with

full power to act as though I was living and acting for myself

My Executrix she not be required to give Bond in the execution

of this my Will and hereby revoke all former wills by me made.

In Witness Whereof, I have hereunto set my hand

and seal this fifth day of February in the year of our Lord one thous-

and eight hundred and ninety one at 3 1/2 o'clock P.M.

Signed Zane Wilson {Seal}

The foregoing instrument consisting of one

page besides this, was, at the date hereof,

by the said Zane Wilson signed and

sealed and published as and declared to

be 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 thereto.

Wm. Uhl

Residing at Monrovia Los Angeles

County - State of California

Henry Hart

Residing at Monrovia Los Angeles

County - State of California
Delaware County Ohio Will Records Vol. 9 1890-1893 (194)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (194)

Description

[page 194]

[corresponds to page 165 of Delaware County Ohio Will Records Vol. 9 1890-93]

165

Zane Wilson's Will

In the Superior Court

In and For the County of Los Angeles

State of California

In the Matter of the Estate } Certificate of Proof of Will, and

the Facts Found

State of California } ss

County of Los Angeles }

I, W. H. Clark, Judge of said Superior Court

do hereby certify that on the 3 day of March A.D. 1891 - the annexed

Instrument was admitted to Probate, as the last Will and Testament

of Zane Wilson deceased, and from the proofs taken and the examination

had thereon, the said Court finds as follows:

That said Zane Wilson died on or about the 6th day of February A.

D. 1891 in the County of Los Angeles State of California, that at

the time of his death he was a resident of the County of Los Angeles

State of California that the said annexed Will was duly executed by

the said deceased in His life time, in the County of Los Angeles

State of California, and signed by the said Testator in the presence of

Henry Hart and William Uhl the subscribing witnesses thereto,

that he acknowledged the execution of the same in their presence and

declared the same to be his last Will and Testament and the said wit-

nesses attested the same at his request in his presence and in the pres-

ence of each other; that the said decedent, at the time of executing said

Will was of the age of eighteen years and upwards, was of sound and dis-

posing mind and not under duress, menace, fraud or undue influence

nor in any respect incompetent to devise and bequeath his estate.

In Witness Whereof, I have signed this certif-

icate and caused the same to be attested by the Clerk of said Court

under the seal thereof, this 3 day of March 1891.

W. L. Pierce

Judge of said Superior Court

Presiding

Attest:

{Seal} T. H. Ward - Clerk

By F. E. Lowry - Deputy

In the Superior Court of the State of California

In and for the County of Los Angeles

In the Matter of the Estate }

of Zane Wilson - Deceased }

It is hereby ordered: That Henry Hart

Wm Uhl and Wm B. White three disinterested persons (any two of

whom may act) be and they are appointed Appraisers to appraise

the estate of said deceased.

Dated March 3d A.D. 1891

W. L. Pierce

Judge of the Superior Court

Presiding
Delaware County Ohio Will Records Vol. 9 1890-1893 (195)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (195)

Description

[page 195]

[corresponds to page 166 of Delaware County Ohio Will Records Vol. 9 1890-93]

166

Zane Wilson Estate

In the Superior Court of

Los Angeles County - State of California

Estate of Zane Wilson } Decree of Distribution

deceased }

Floe Wilson the Executrix of the estate of Zane

Wilson, deceased, having on the 17th day of March - 1891, filed in this Court her

Petition setting forth that the value of the whole of the estate of Zane

Wilson, deceased, is less than the sum of Fifteen Hundred Dollars,

(to wit: the sum of 933.25) and asking that the whole of said estate be as-

signed and set over for the support of the Widow of said deceased as provided

in Sec. 1469 of the Code of Civil Procedure -

This Court proceeded to the hearing of said Petition and it appear-

ing to the satisfaction of this Court, that the value of the whole of said

estate is less than the sum of Fifteen Hundred Dollars, and that

due and legal Notice had been given of the hearing of this Petition and no

person appearing against or filing objections thereto: And it further ap-

pearing that Floe Wilson the surviving Widow of said deceased is en-

titled to the whole of the estate, after paying the expenses of the last ill-

ness of the said deceased, and the expenses of Administration of said

estate

It is hereby ordered adjudged and decreed that the whole of the residue

of said estate of Zane Wilson deceased hereinafter particularly described

and now remaining in the hands of said Executrix, and any other prop-

erty not now known or discovered which may belong to said estate or

in which the said estate may have any interest, be and the same is here-

by distributed as follows, to wit:

The Whole of said residue to the said Floe Wilson the Widow

of said Zane Wilson deceased.

The following is a particular description of the said residue of said

estate referred to in this Decree and of which distribution is ordered

adjudged and decreed as aforesaid, to wit:

Personal Property

One Buggy Horse 50.00

" Single Buggy 20.00

" " Harness 5.00

" Spring Wagon 20.00

Household Furniture 30.00

Account against Capt. Johnson 8.25

Real Estate

An undivided one half interest in the South (10) feet of Lot No.

213 and the North (65) feet of Lot No. 24 in the Hall Tract

Pasadena 300.00

Also Lot No 24 - Block "D" of Pacific View Tract

Monrovia (with small House thereon) all in Los

Angeles County, State of California 500.00

$ 933.25

Done in open Court this 31st day of March 1891

W. H. Clark - Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (196)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (196)

Description

[page 196]

[corresponds to page 167 of Delaware County Ohio Will Records Vol. 9 1890-93]

167

Zane Wilson Estate

In the Superior Court of

Los Angeles County - State of California

Estate of Zane Wilson } Order for Notice

deceased }

The Petition of Mrs. Floe Wilson Execu-

trix of the estate of Zane Wilson, deceased, having been duly filed in

this Court praying that the whole of the estate of said deceased be set

aside and assigned for the use and support of the Widow of the decedent

under Sec. 1469 of the C. C. P.

It is hereby ordered that on Tuesday the 31st day of March 1891

the said Petition will be heard in this Court and that notice thereof

be given by posting and Notice for ten days from and after this date

March 19th 1891.

H. Clark

Judge

In the Superior Court of the

County of Los Angeles - State of California

In the Matter of the Estate } Final Discharge of Executrix

of Zane Wilson - deceased }

Floe Wilson the Executrix of Estate of

Zane Wilson deceased, having performed all the acts lawfully required of

Her as such Executrix -

It is Ordered Adjudged and Decreed: That said Floe Wilson is before

said has fully and faithfully discharged the duties of Her trust, that she

is hereby wholly and absolutely discharged from all further duties and

responsibilities as such Executrix and Her sureties are hereby released from

any liability to be hereafter incurred.

Done in Open Court this 31st day of March 1891.

{Seal} W. H. Clark

Superior Judge

State of California } ss

County of Los Angeles } I T. H. Ward County Clerk and ex-officio

Clerk of the Superior Court do hereby certify the

foregoing to be a full true and correct copy of the original Order appointing

Time for Probate of Will and Directing Publication of the same Also of No-

tice of Time set by the Clerk - Ordrer admitting Will to Probate - Letters Tes0

tamentary Last Will and Testament Certificate of Proof of Will and the facts

found Order appointing appraisers Decree of Distribution Order for Publication of

Notice of hearing Petition Setting aside whole of estate to Widow - Final

Discharge of Executrix on file in my office and that I have carefully com-

pared the same with the original.

In Witness Whereof I have hereunto set my hand and affixed the

seal of the Superior Court, this 1st day of April 1891.

{Seal} T. H. Ward - County Clerk

By A. A. Bayley - Deputy
Delaware County Ohio Will Records Vol. 9 1890-1893 (197)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (197)

Description

[page 197]

[corresponds to page 168 of Delaware County Ohio Will Records Vol. 9 1890-93]

168

Nancy Phillips Estate

Journal Entry

April 23rd 1891

This day came Philip Jones - Administrator with

the Will annexed of said decedent and filed for record in this Court,

a certain contract and obligation purporting to have been signed by each and

all the heirs at Law of said decedent, providing therein for divers things

and especially that said Administrator may receive from one of said

heirs at Law, to-wit: Josephus Phillips $500.00 in full discharge of $660.00

the amount found by this Court in proceedings for concealing assets of

said estate against said Josephus Phillips - said agreement also provid=

ed that said estate be by said Administrator distributed differently than

is provided by the Will of said Testate.

It is therefore ordered that said writing be recorded in full in the rec=

ord of Wills of this Court Vol. 9. Page 168 and that reference of

this said record be noted at beginning and ending of the record of said

Will, all of which is accordingly done.

N. F. Overturf

Probate Judge


Contract"

Whereas, Differences have arisen between the undersigned, Josephus

Philips, Eliza Jane Baker -Jemima A. C. Mills and Margaret

Johnson, children and heirs at Law of Nancy Philips dec 8 as to the

legal ownership of certain money in the hands of F. P. Vergon - represent=

ed by a promissary Note of said Vergon's which is made payable to said

Joseph Philips, as to whether said sum of money, to-wit: about Six

hundred Dollars, more or less, legally belongs to the estate of said

Nancy Philips deceased, or to the said Josephus Philips, and said

question being in litigation under proceedings which were commenced in

the Probate Court of Delaware County, Ohio: And Whereas,

Further, there are differences of opinion among said parties as to wheth-

er a certain paper purporting to be the last Will and Testament of the said

Nancy Philips deceased, and which has been admitted to Record in said

Probate Court of Delaware County Ohio, is the Valid Last Will and

Testament of the said Nancy Philips, deceased: Now for the purpose

of avoiding further litigation, and by way of an amicable adjustment of said

difference, and for the purpose of effecting a speedy and economical settle=

ment of the estate of said Nancy Philips deceased, we, the said Jose=

phus Philips, Eliza Jane Baker, Jemina A. C. Mills and Mar=

garet Johnson, said children and heirs at Law of said Nancy Philips

deceased, do mutually agree to at settlement of all of the said matters

of difference in the following manner, to-wit: The said Josephus Phil

ips is to pay to the Administration of the said estate, as assets of the

same, Five Hundred Dollars (500) of the money represented by

said Vergon Note, which he hereby agrees to do: his said Co. heirs

are to remit to said Josephus Philips whatever excess of said =

sum of $500 said Vergon note represents= And said Josephus

Philips - Jemima A. C. Mills and Margaret Johnson are not
Delaware County Ohio Will Records Vol. 9 1890-1893 (198)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (198)

Description

[page 198]

[corresponds to page 169 of Delaware County Ohio Will Records Vol. 9 1890-93]

169

Nancy Phillips Estate

to commence any legal proceedings for the contest of the said Will

of said Nancy Philips decd: which they hereby agree, not to do:

and in consideration of said premises the said Eliza Jane Baker a=

grees that she will not insist in the carrying out of the provisions of

said Will: but it is agreed hereby among all of said parties for them=

selves, their heirs Executors and Admistrators, that the entire as=

sets of said personal estate of said Nancy Philips decd, including

said $500, from the Vergon Note as above specified, after the payment

of the just debts of said four children & heirs of said Nancy Phil=

ips decd, to-wit: - said Josephus Philips Eliza Jane Baker, Je:

mima A. C. Mills and Margaret Johnson, share and share alike:

and also, it is further agreed by and between said parties, and especially

by the said Eliza Jane Baker that the Real Estate, belonging to

said estate consisting of a house and lot in the Village of Radnor,

Ohio, shall and does hereby belong to-said Four children of Nancy Phil=

ips as tenants in common: and that whenever a sale of said Real Estate

can be effected, the proceeds of such sale shall be shared and divided equally

among said Four Children as such heirs: and we hereby mutually agree

that we will each abide by and carry out each and all of the foregoing

agreements and we further agree that this writing may be entered of

record in the Probate Court of Delaware County, Ohio, as a final

settlement of all of said differences.

Witness my signature and seals, this 9th day of

April A.D. 1891.

Josephus Phillips {Seal}

Eliza Jane Baker {Seal}

Jemima A. Mills {Seal}

Margaret Johnston {Seal}

State of Illinois } ss.

County of Cook. } Before me George R. Bassett a Notary Public

in and for said County, personally appeared before

me Margret Johnson personally known to me, and subscribed to the

instrument.

George R. Bassett {Seal}

{Seal} Notary Public
Delaware County Ohio Will Records Vol. 9 1890-1893 (199)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (199)

Description

[page 199]

[corresponds to page 170 of Delaware County Ohio Will Records Vol. 9 1890-93]

170

Rees T. Jones Will

Journal Entry

April 17th 1891 }
}
In the Matter of the Will of:}
}
}
Rees T. Jones - deceased } This day, an instrument of writing, purporting to

be the last will and Testament of Rees T. Jones

late of Radnor Township, in this County, deceased, was produced in open court

for Probate; On consideration where of, it is 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 Thomas W. Jones, Mary F.

Jones and Elizabeth A. Price (Rees W. Jones having in writing waived no=

tice and consented to the probate of said Will) next of kin of the Testator,

resident of the State of Ohio, that said application will be for hearing before

this Court in the 28" day of April A. D. 1891, at 10 o'clock P. M.

this Court in the 28" day of April A. D. 1891 at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of = Will

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the Last}
}
Will and Testament of } Application to Admit to Probate
}
Rees T Jones - deceased }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully respresents that

Rees T. Jones late of resident of the Township of Radnor in said

County, died on about the 11" day of April, A. D. 1891, leaving an in=

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Rees T. Jones died leaving no widow and

the following named persons his only next of kin resident of the State

of Ohio:

Name Degree of Kinship P.O. Address

Thomas W. Jones Son Gomer O.

Mary F. Jones Daughter Hilliards O.

Elizabeth A. Price " Radnor O.

Rees W. Jones Son Radnor O.

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings.

Rees W. Jones

The foregoing application was signed in my presence and sworn to

before me, this 17" day of April A. D. 1891.

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (200)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (200)

Description

[page 200]

[corresponds to page 171 of Delaware County Ohio Will Records Vol. 9 1890-93]

171


Rees T. Jones Will

I, the undersigned next of kin of the within named decedent, hereby waive

further notice, and consent to the probate of said Will.

Dated this 17" day of April, A. D. 1891.

Rees W. Jones

Notice

The State of Ohio } In Probate Court

Delaware County, ss }

In the matter of the last Will and Testament

of Rees T. Jones - deceased.

To Rees W. Jones:

You are hereby commanded to notify

Thomas W. Jones - Mary F. Jones and Elizabeth A. Price that on

the 17" day of April A. D. 1891, an instrument of writing, purporting to

be the last Will and Testament of Rees T. Jones late of Radnor Town=

ship, in said County deceased, was produced in said Court, and an application

to admit the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the 28" day of

April A. D. 1891 at 10 o'clock P.M.

Witness my hand and the seal of said Probate Court,

at Delaware, Ohio, this 17" day of April A. D. 1891.

{Seal} N.F. Overturf

Probate Judge

Proof of Service April 28" 1891

The State of Ohio }

Delaware County, ss } Rees W. Jones being duly sworn, says that on

the 22 & 23 days of April A. D. 1891 he served

the within notice by delivering a true copy thereof to the within named

Thomas W. Jones - Mary F. Jones and Elizabeth A. Price

Rees W. Jones

Subscribed in my presence and sworn to before me this 28" day of April

A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

Probate of Will Filed April 28/91

The State of Ohio } In Probate Court

Delaware County, ss.}

Personally appeared in open Court Joseph C.

Cox and John D. Van Deman the subscribing witnesses to the last

Will and Testament of Rees T. Jones late of Radnor Township in

said Delaware 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 execution of said Will, depose and say: That the pa=

per before them bearing date the 22d day of June, A. D. 1877 pur=

porting to be the last Will and Testament of Rees T. Jones, now
Delaware County Ohio Will Records Vol. 9 1890-1893 (201)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (201)

Description

[page 201]

[corresponds to page 172 of Delaware County Ohio Will Records Vol. 9 1890-93]

172

Rees T. Jones Will

deceased, is the Will of said deceased Rees T. 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 pres:

ence, that they saw the said Reese T. Jones deceased sign and seal said

Will, and heard him acknowledge the same to be his last Will and Testa=

ment, and that the said Rees T. Jones at the time of making, signing

and sealing said Will, was of full age, of sound mind and memory, and

not under any restraint.

John D. Van Deman

Joseph C. Cox

Sworn to and subscribed by said witnesses in open Court, this 28" day of

April A. D. 1891

N. F. Overturf

{Seal} Probate Judge

Journal Entry

April 28" 1891 }

In the Matter of: the Will of }

Rees T. Jones - deceased - }

Be it remembered, that heretofore, to-wit: on

the 17" day of April A. D. 1891 an instrument of writing, purporting

to be the last Will and Testament of Rees T. Jones, late of Radnor

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 ap=

plication to admit the same to probate and record in this Court, has

been given to Thomas W. Jones - Mary F. Jones and Elizabeth A.

Price (Rees W. Jones having waived Notice) next of kin of the Tes=

tator, resident of the State of Ohio, pursuant to a former order of

this Court; thereupon, on this day came John D. Van Deman and

Joseph C. Cox the subscribing witnesses to said Will, who being du=

ly 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 afore=

said instrument of writing is the last Will and Testament of said Rees

T. Jones - deceased. That the same was duly executed and attested; and

that the said Testator at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under an=

y restraint. 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, as well as the proceedings had

thereon, be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (202)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (202)

Description

[page 202]

[corresponds to page 173 of Delaware County Ohio Will Records Vol. 9 1890-93]

173

Rees T. Jones Will

Will Filed April 17/91

In the name of God, Amen !!! I Reese T. Jones of the Town-

ship of Radnor and County of Delaware Ohio, being of sound and dispos-

ing mind and memory and not under any restraint do make and pub-

lish this as & for my last will & testament hereby revoking and annul-

ling all former wills by me made.

Item I. I give and bequeath unto my beloved wife Sarah Jones the

use of the house which is now being constructed for me with

lot the same is situated on, together with the use of the furniture that

shall be threin at the time of my death, during her lifetime and I also

give & bequeath to her the annual rent of the undivided one half of my

farm which I am now in possession of subject to her paying the tax-

es according to the terms of the lease now existing between my two

sons David & Reese W. Jones. Also one hundred dollars in

lawful money After the death of my said wife I direct that the

said house & Lot and said furniture shall be equally divided in

the manner hereinafter set forth.

Item II. I direct that my books shall not be sold but my

children shall divide them among themselves in the fol-

lowing manner: my sons shall first select a book each in the

order of their seniority and then my daughters shall next select

a book in the order of their seniority and then again my sons shall

select until all said books are taken - it being my direction that a

book shall mean all the volumes of any particular work.

Item III. I hereby give and bequath and devise all the other prop-

erty of which I shall die seized after paying my

just debts & funeral expenses and the costs of administration of my

estate, with the expense of an appropriate tombstone to my five child-

ren namely Mary F. Jones - Thomas W. Jones - David W. Jones

Reese W. Jones and Elizabeth A. Price to be equally divided be-

tween them with the exception following namely that whereas I

have executed a note to F. Jones of Franklin County Ohio for

the sum of One thousand dollars, due at ten years after date,

which note I am liable to pay and which note was given for

the benefit of my son THomas W. Jones and which I declare

was intended by me as a portion of my said son Thomas share of

my estate. I do now hereby order and declare that said sum of

One thousand dollars shall be charged to my son Thomas, and

taken out of his share of said estate so that my other four children

shall receive an equal amount each before my said son Thomas

shall receive any thing - to wit: One thousand dollars each and I

further will & declare that should my wife Sarah Jones survive

me, then at her death all I have bequeathed to her shall be divided

among my said children as aforesaid.

Item IV. I do hereby will and devise unto my sons David W. Jones

and Reese W. Jones the undivided one half of the farm

of which I have heretofore conveyed to them the other half upon

the express condition that they are to pay to my estate the sum of

one thousand dollars for the same according to an agreement
Delaware County Ohio Will Records Vol. 9 1890-1893 (203)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (203)

Description

[page 203]

[corresponds to page 174 of Delaware County Ohio Will Records Vol. 9 1890-93]

174

Rees T. Jones Will

signed by said sons & myself on the 8th day of May. 1877, and I hereby

declare it to be my last willl that the said article of agreement shall

stand valid in all its articles & provisions.

Item V. I do hereby declare & will that the provisions I have made

for my wife is to be in lieu of dower, and in lieu of her distributive

share of my estate and of a years support.

Item VI. I do hereby constitute & appoint my three sons Thomas W.

David W & Rees W. Jones as Executors of this my last

Will & testament.

In witness whereof I have hereunto set my hand &

seal this 22nd day of June A.D. 1877

Rees T. Jones {Seal}

Signed, sealed & delcared by said Reese T. Jones as & for his last

Will & testament & we in his presence & in presence of each other have

signed the same as witnesses thereto at his request.

Joseph C. Cox

John D. VanDeman
Delaware County Ohio Will Records Vol. 9 1890-1893 (204)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (204)

Description

[page 204]

[corresponds to page 175 of Delaware County Ohio Will Records Vol. 9 1890-93]

175

John George Lacher's Will

Journal Entry April 24" 1891 -

In the Matter of the Will of }

John George Lacher - deceased }

This day an instrument of writing purport-

ing to be the last Willl and Testament of John George Lacher,

late of Delaware in this County, deceased; was produced in open court

for Probate. In Consideration Whereof it is 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 Veronica

Lacher widow of said Testator, (Amelia Lacher - George Philip

Lacher - and J Jacob Lacher, having in writing waived Notice and

consented to the probate of said Will) next of kin of the Testator, resi-

dent of the State of Ohio, that said application will be for hearing before

this Court on the 1st day of May A.D. 1891, at 1 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed April 24/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last } Application to Admit to Probate

Will and Testament of }

John George Lacher deceased} To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that John George Lacher

late a resident of the Township of Delaware in said County, died on or

about the 21 day of April A.D. 1891 leaving an instrument in

writing, hereto attached, purporting to be his last Will and Testament.

That the said John George Lacher died leaving Veronica Lacher and

the following named persons his only next of kin resident of the State

of Ohio.

Name Degree of Kinship P. O. Address

John Jacob Lacher Brother Delaware O

G. Ph. Lacher " Delaware O

Amelia Lacher Delaware O

Your petitioner prays that a time may be fixed for the proving of

said Will and that said above named persons may be notified

according to law of the pending of said proceedings.

G. Ph. Lacher

The foregoing application was signed in my presence and sworn to

before me, this 24 day of April A.D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (205)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (205)

Description

[page 205]

[corresponds to page 176 of Delaware County Ohio Will Records Vol. 9 1890-93]

176

John George Lacher's Will

Waiver

We, the undersigned brother & sister only next of kin of the within

named decedent, hereby waive further notice and consent to the probate

of said Will.

Dated this 24 day of April A.D. 1891

G. Ph. Lacher

J. Jacob Lacher

Amelia Lacher

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament of

John George Lacher - deceased.

To George Philip Lacher:

You are hereby commanded to notify

Veronica Lacher that on the 2nd day of April A.D. 1891, an instrument

of writing, purporting to be the last Will and Testament of John George

Lacher late of Delaware Township in said County, deceased, was produced

in said Court and an application to admit the same to probate was on

the same day made in said Court. Said application will be for hear-

ing before this Court on the 1st day of May A.D. 1891, at 1 o'clock P.M.

Witness my hand and the seal of said Probate Court at

Delaware, Ohio, this 24" day of April, A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed Apr. 25/91

The State of Ohio }

Delaware County ss } George Philip Lacher being duly sworn says that

on the 25 day of April A.D. 1891, he served

the within notice by delivering a true copy thereof to the within named

Veronica Lacher.

G. Ph. Lacher

Subscribed in my presence and sworn to before me this 25" day of

April A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Fred May-

er and Charles Liebendorfer the subscribing witnesses to the last Will

and Testament of John George Lacher late of Delaware Township

in said Delaware 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 execution of said Will, depose and say: That the
Delaware County Ohio Will Records Vol. 9 1890-1893 (206)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (206)

Description

[page 206]

[corresponds to page 177 of Delaware County Ohio Will Records Vol. 9 1890-93]

177

John George Lacher's Will

paper before them bearing date the 14 day of February A.D. 1891 -

purporting to be the last Will and Testament of John George

Lacher now deceased is the Will of said deceased John George

Lacher 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 John

George Lacher deceased sign and seal said Will and heard him

acknowledge the same to be his last Will and Testament and that

the said John George Lacher at the time of making, signing and

sealing said Will was of full age, of sound mind and memory, and

not under any restraint.

Fred Mayer

Charles Leibendorfer

Sworn to and subscribed by said witnesses in open Court this 1"

day of May A.D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

May 1st 1891. }

In the Matter of the Will of }

John George Lacher deceased }

Be it remembered, that heretofore, to wit:

on the 24" day of April A.D. 1891, an instrument of writing purport-

ing to be the last Will and Testament of John George Lacher

late of Delaware, 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 Veronica Lacher widow of said Testator

(George Philip Lacher - John Jacob Lacher and Amelia Lacher

brothers and sisters of said Testator resident of the State of Ohio

having waived Notice) pursuant to a former order of this Court: there-

fore on this day came Fred Mayer and Charles Leibendorfer the sub-

scribing witnesses to said Will, who being duly sworn, 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 and Testament of said John George

Lacher deceased. That the same was duly executed and attested, and

that the said Testator at the time of making, signing and sealing

said Will was of full age of sound mind and memory, and not under

any restraint. 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, as well as the proceedings had thereon

be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (207)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (207)

Description

[page 207]

[corresponds to page 178 of Delaware County Ohio Will Records Vol. 9 1890-93]

178

John George Lacher's Will

Will Filed April 24/91

Delaware Delaware County Ohio February 14th 1891

I, John George Lacher, residing in Delaware, Delaware County Ohio

enjoying the full use of all my senses and mental faculties, do hereby

make this my Last Will and Testament, revoking also all former Wills

and Testament:

Act I I leave and bequeath to my wife Veronica Lacher all my real Estate

and Personal Property including the Benefit of my Life Insurance

Policy of One thousand $1000.00 As my wife however, is at present

not sane of mind and is in the insane Asylum of Columbus I hereby

do appoint my brother George Phillip Lacher of Delaware Ohio as

legal Guardian of my insane wife Veronica Lacher. I enjoin upon my

brother George Phillip Lacher, to visit my wife in the Columbia Asy:

lum, or in any other Institution in which she might be placed, at least

once a month, and to supply her with all necessary clothing, charging his

traveling expenses to my Estate. In case my wife dies in the Asyl:

um, her Guardian Phillip Lacher is to bury her in the Catholic

Cemetary at Delaware Ohio.

Art II.

I leave and bequeath to the Rev Ph. Steyle pastor of St. Mary's Church

Delaware or to his Successor the sum of Fifty Dollars ($50.00) to be paid

as soon as my Administrator recovers the Amount due on my Life

Insurance policy, and has paid my funeral expenses, and debts.

Art III.

If my wife Veronica Lacher should recover sufficiently to enable her to

come back to Delaware, I enjoin upon her Guardian George Phillip

Lacher, to give her the immediate use of my house in Delaware along with

my sister and the interest and accumalated interest of all the money in

vested by him as my wife's Guardian, from the time of his confirmation

by the Probate Court as her Guardian, and to continue to do so as long

as she lives or can reside in Delaware, without however resigning the

Guardianship.

Art 4.

It is my will, that, after my death, my sister Amelia Lacher,

should retain the use of my house in Delaware with all the movable

property contained in said house as long as she chooses to remain in

said house;

Art 5.

After the death of my wife Veronica Lacher all my Real Estate and

Personal Property should be divided between my Sister Amelia and my

two brothers George Phillip Lacher and Jacob Lacher or their heirs;

My sister Amelia Lacher receiving One hundred dollars ($100.00)

more than my two brothers.

Art 6.

I appoint my brother George Phillip Lacher as Administrator and

Executor of this my last Will and Testament.

To confirm the above I have hereto set my seal and signature, on

the Fourteenth day of February 1891. In the presence of two witness:

es who signed and sealed this likewise.

Witnesses { Fred Mayer {Seal} John George Lacher

{ Charles Liebendorfer {Seal} {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (208)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (208)

Description

[page 208]

[corresponds to page 179 of Delaware County Ohio Will Records Vol. 9 1890-93]


John T: Evans Will 179

Journal Entry

April 28" 1891

In the Matter of the Will }

of John T. Evans, deceased } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

John T. Evans, late of Delaware City, in this County, deceased, was

produced in open Court for Probate; on consideration whereof, it is or:

dered 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 Anna Evans next of kin of the Testator, resident of the State

of Ohio, that said application will be for hearing before this Court on the

2nd day of May. A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed Apr. 28/91


The State of Ohio } In Probate Court

Delaware Coiunty.ss.}


In the Matter of the Last }

Will and Testament of } Application to admit to Probate

John T. Evans. Deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

John T. Evans late a resident of the Township of Delaware in said

County died on or about the 23rd day of April. A.D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said John T. Evans died leaving no widow

and the following person his only next of kin resident of the

State of Ohio


Name Degree of Kinship P.O. Address

Anna M. Evans 12 yrs. Daughter Delaware. O.


Your petitioner is a creditor in the sum of $62.00 for decedents funeral

services.

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named person may be notified according

to law of the pending of said proceedings.

N. Wagner.

The foregoing application was signed in my presence and sworn to before

me, this 28" day of April A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (209)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (209)

Description

[page 209]

[corresponds to page 180 of Delaware County Ohio Will Records Vol. 9 1890-93]


180 John T. Evans Will
\
Notice


The State of Ohio } In Probate Court

Delaware County ss}

In the matter of the last Will and Testament of

John T. Evans, deceased,

To T.N. Wagner

You are hereby commanded to notify

Anna Evans that on the 28" day of April. A.D. 1891. an in:

strument of writing, purporting to be the last Will and Testament of John

T. Evans late of Delaware Township, in said County, deceased, was pro:

duced in said Court and an application to admit the same to probate

was on the same day made in said Court. Said application will be

for hearing before this Court on the 2' day of May. A.D. 1891

at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court,

at Delaware Ohio this 28" day of April. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed May 2/91.


The State of Ohio }

Delaware County,ss} N.Wagner being duly sworn, says that on

the 28th day of April. A.D. 1891. he served

the within notice by delivering a true copy thereof to the within named

Anna Evans.

N. Wagner.

Subscribed in my presence and sworn to before me this 2" day of

May. A.D. 1891.

N.F. Overturf

Probate Judge


Testimony of John S. Gill Filed May 2/91.

In Probate Court } In the Matter of Proving the last Will and

Delaware County. Ohio} Testament of John T. Evand - deceased


The State of Ohio }

Delaware County,ss.} John S. Gill, being duly sworn and exam:

ined as a witness in the above entitled matter,

says: I was present at the execution of the instrument now shown to

me bearing date the 11thday of May A D 1882 and offered for pro

bate as the last Will and Testament of John T. Evans, late

of Delaware Township, in said County of Delaware, deceased, and

saw the said John T. Evans now deceased sign and seal said in:

strument, and heard him acknowledge the same to be his last Will

and Testament, and I thereupon, at his request, and in his pres:
Delaware County Ohio Will Records Vol. 9 1890-1893 (210)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (210)

Description

[page 210]

[corresponds to page 181 of Delaware County Ohio Will Records Vol. 9 1890-93]


John T. Evan's Will 181

ence, subscribed my name to the same as a witness. The said decedent

at the time of making, signing and sealing said instrument, was of full

age, of sound mind and memory, and not under any restraint.

John S. Gill

Sworn to and subscribed by said witness in open Court, this 2d day

of May. A.D. 1891.

N.F. Overturf

Probate Judge.


Proof of Signature of Witness to Will Filed May 2/91


The State of Ohio }

Delaware County ss } Henry H. Beecher being duly sworn, says

that he was well acquainted with Frank A.

Kauffman whose place of residence is unknown, that he was well acquainted

with the hand writing of the said Frank A. Kauffman, having often

seen him write, that the signature Frank A. Kauffman as subscrib:

ing witness to the last Will and Testament of John T. Evans, de:

ceased, is in the own proper hand writing and signature of the said Frank

A. Kauffman who at the date of said Will was in full life and re:

sided in the City of Delaware in said County.

Henry H. Beecher

Sworn to before me, and subscribed in my presence, this 2" day of May

A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

May 2nd 1891

In the Matter of the Will }

of John T. Evans- deceased.} Be it remembered, that heretofore, to wit: on the

28" day of April. A.D. 1891 an instrument

of writing, purporting to be the last Will and Testament of John T.

Evans, late of Delaware, 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 rec-

ord in this Court, has been given to Anna Evans, next of

kin of the testator, resident of the State of Ohio, pursuant to a

former order of this Court, therefore, on this day came John S. Gill

one of the subscribing witnesses to said Will, who being duly sworn,

testified to the due execution and attestation of said Will which tes:

timony was reduced to writing, by him subscribed, and filed with said Will,

And it appearing to the Court that Frank A. Kauffman the

other subscribing witness to said Will, has gone to parts unknown,

thereupon Henry H. Beecher appeared in open Court, and was duly

sworn and examined according to law touching the genuineness of the

signature of said Frank A. Kauffman, attached to said Will,

and his testimony thereon was reduced to writing and filed. Whereupon
Delaware County Ohio Will Records Vol. 9 1890-1893 (211)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (211)

Description

[page 211]

[corresponds to page 182 of Delaware County Ohio Will Records Vol. 9 1890-93]

182

John T. Evans Will

the Court finds that the aforesaid instrument of writing, is the last Will

and Testament of said John T. Evans, deceased. That the same was du:

ly executed and attested; and that the said Testator, at the time of making

signing and sealing said Will, was of full age, of sound mind and memory,

and not under any restraint. It is, therefore, by the Court ordered, that the

said Will be admitted to probate, and that the same together with the tes:

timony of the witnesses above named, as well as the proceedinghs had therein,

be entered of record in this Court.

N.F. Overturf

Probate Judge.


Will Filed April 28/91

In the name of the Benevolent Father of All:

I, John T. Evans do make and publish this my last will and

testament.

First:

It is my will that all my just debts, and all charges be paid out of

my Estate:

Second:

I give and devise to my belived mother Elizabeth Evans - during her

natural life all my lands and tenements and real estate of every de:

scription wherever situated and after paying taxes and making necessary

repairs and improvements thereon. She is to have and enjoy all the

rents and profits thereof to use expend and dispose of as she shall see fit dur:

ing her natural life.

Third:

After the death of my Mother I direct that my real estate be sold and

out of the proceeds of the sale thereof I give and devise to my sister Mrs.

Jennie E. Stine of Xenia Ohio, One Thousand Dollars and to my

sister Mrs. Laura L. Williams of Hamilton County. Ohio One

Thousand Dollrs, and all the residue of my estate both real and person:

al, I give and devise to my brother Charles A. Evans of Delaware

Ohio,

I hereby make and appoint said Charles A. Evans Executor of this

my last Will and Testament.

John T. Evans {Seal}


Signed and acknowledged by said John T. Evans as his last Will

and Testament in our presence, and signed by us at his request and in

his presence and in the presence of each other.

Frank A. Kauffman

John S. Gill.

Delaware, Ohio

May 17th 1882.
Delaware County Ohio Will Records Vol. 9 1890-1893 (212)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (212)

Description

[page 212]

[corresponds to page 183 of Delaware County Ohio Will Records Vol. 9 1890-93]


Charles Freeman's Will 183

Journal Entry


May 6" 1891.

In the Matter of the Will }

of Charles Freeman- deceased.} This day, an instrument of writing, purporting

to be the last Will and Testament of Char:

les Freeman, late of Genoa Township, in this County, deceased, was

produced in open Court for Probate: On consideration whereof it is or:

dered 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 Elizabeth Freeman, widow and Justice Freeman-

Fredonia Bennet- Barbary Ranck- John Freeman- Philip F.

Freeman- Charles F. Freeman- Sarah Glass and Orris Freeman

next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 13" day of May.

A.D. 1891. at 10 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed May 6/91


The State of Ohio } In Probate Court

Delaware County,ss}


In the matter of the last }

Will and Testament of } Application to Admit to Probate

Charles Freeman- deceased }

To the Hon. N.F. Overturf- Judge of the

Probate Court in and for said county:

Your petitioner respectfully represents that

Charles Freeman late a resident of the Township of Genoa in said Coun:

ty, died on or about the 16" day of April A.D. 1891.leaving an instrument

in writing, hereto attached, purporting to be his last Will and Testament:

That the said Charles Freeman died leaving Elizabeth Freeman his

widow and the following named persons his only next of kin resident of

the State of Ohio:


Name Degree of Kinship P.O. Address

Justice Freeman Son Africa O.

Fredonia Bennet Daughter Maxtown O.

Barbary Ranck " Galena O.

John Freeman Son " "

Philip F. Freeman " " "

Charles F. Freeman " " "

Sarah Glass Daughter Westerville O

Orris Freeman Grand- son Galena O

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings.

George J. Roberts
Delaware County Ohio Will Records Vol. 9 1890-1893 (213)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (213)

Description

[page 213]

[corresponds to page 184 of Delaware County Ohio Will Records Vol. 9 1890-93]


Charles Freeman's Will


The foregoing application was signed in my presence and sworn to be:

fore me, this 6" day of May. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Notice


The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament

of Charles Freeman- deceased.

To George J. roberts:

You are hereby commanded to notify

Elizabeth Freeman- Justice Freeman- Fedonia Bennet-

Barbary Ranck- John Freeman- Philip F. Freeman- Charles

F. Freeman- Sarah Glass- Orris freeman that on the 6th day

of May. A.D. 1891, an instrument of writing, purporting to be the the last

Will and Testament of Charles Freeman late of Genoa Town:

ship, in said County, deceased, was produced in said Court, and an ap:

plication to admit the same to probate was on the same day made in

said Court. Said application will be for hearing before this Court on

the 13" day of May. A.D. 1891 at 10 o'clock A.M.

Witness my hand and the seal of said

Probate Court, at Delaware, Ohio, this 6th day of May. A.D.

1891.

N.F. Overturf

{Seal} Probate Judge.



Proof of Service Filed May 13/91


The State of Ohio }

Delaware County.ss.} George J. Roberts being duly sworn, says

that on the 8th day of May. A.D. 1891.

he served the within notice by delivering a true copy thereof to the

within named Elizabeth Freeman- Justice Freeman- Fredonia

Bennet- Barbary Ranck- John Freeman- Philip F. Free:

man- Charles F. Freeman- Sarah Glass and Orris Freeman.

George J. Roberts

Subscribed in my presence and sworn to before me this 13" day of

May. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (214)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (214)

Description

[page 214]

[corresponds to page 185 of Delaware County Ohio Will Records Vol. 9 1890-93]



Charles Freeman's Will 185

Probate of Will Filed May. 13/91

The State of Ohio } In Probate Court

Delaware County,ss.}

Personally appeared in open Court Geo. W. Hughes

and A.J. Triplett the subscribing witnesses to the last Will and Testament

of Charles Freeman late of Genoa Township in said Delaware County de:

ceased: who being duly sworn according to law, to speak the truth, the whole

truth, and nothing but the truth, in relation to the executiion of said Will,

depose and say: That the paper before them bearing date the 11th day of

October. A.D. 1890, purporting to be the last Will and Testament of

Charles Freeman now deceased, is the Will of said deceased Charles

Freeman, 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 Charles Freeman de:

ceased sign and seal said Will and heard him acknowledge the same to be his

last Will and Testament, and that the said Charles Freeman at the

time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

Geo W. Hughes

A.J. Triplett

Sworn to and subscribed by said witnesses, in open Court, this 13" day

of May. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Journal Entry

May 13th 1891

In the Matter of the Will of }

Charles Freeman- deceased } Be it remembered, that heretofore, to wit, on

the 6th day of May A.D. 1891 an instrument of

writing, purporting to be the last Will and Testament of Charles Freeman,

late of Genoa 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 Elizabeth Freeman, his widow and Justice

Freeman- Fredonia Bennet- Barbara Ranck- John Freeman-

Philip F. Freeman- Charles F. Freeman- Sarah Glass and Orris

Freeman, next of kin of the Testator, resident of the State of Ohio, pur:

suant to a former order of this Court, therefore, on this day came Geo.

W. Hughes and A.J. Triplett the subscribing witnesses to said Will

who being duly sworn, testified to the due execution and attestion of said

Will, which testimony was reduced to writing, by them respectively sub:

scibed and filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament of said

deceased, Charles Freeman. That the same was duly executed and at:

tested, and that the said Testator, at the time of making, signing and seal:

ing said Will, was of full age, of sound mind and memory, and not
Delaware County Ohio Will Records Vol. 9 1890-1893 (215)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (215)

Description

[page 215]

[corresponds to page 186 of Delaware County Ohio Will Records Vol. 9 1890-93]


186 Charles Freeman's Will.


under any restraint. 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, as well as the proceedings had thereon, be enter:

ed of record in this Court.

Citation ordered and issued to Elizabeth Freeman, widow of said dece:

dent, to elect as to said Will, as required by law.

N.F. Overturf

Probate Judge


Will

In the name of the Benevolent Father of All, I, Charles Freeman of

Genoa Township Delaware County and State of Ohio, do make and publish

this my last will and testament.

First it is my will that my just debts and all charges and cost of monu:

ment for the graves of my wife and myself be paid out of my estate.

Item 1st

I give and devise to my beloved wife, Elizabeth in lieu of her dower the

farm on which we now reside situated in Genoa Township aforesaid con:

taining about seventy five acres of land during her natural life and all the

household goods at the time of my decease in case she survives me and then

the household goods to be divided amongst my daughters by themselves to be di:

vided, and not to be considered as assets in the hands of the Executor

Item 2nd

I give and devise to my son Justic E Freeman five dollars

Item 3rd

I give and devise the residue of my estate to my daughter Fredonia

Bennet- my son Henry Freeman my daughter Barbary Ranck my

son John Freeman my daughter Sarah Glass, my sons Philip F.

Freeman and Charles Freeman and my grandson Orris Freeman

in equal parts.

Item 4th

I do hereby nominate and appoint my friend George J. Roberts- Exec:

utor of this my last Will and Testament hereby authorizing and empow:

ering him to compromise, adjust release and discharge in such manner

as he may deem proper the debts and claims due me. I do also au:

thorize and empower him after the death of my wife to sell by private sale

or in such manner, upon such terms of credit or otherwise as he may

think proper all of my real estate and deeds to purchasers to execute,

acknowledge and deliver in fee simple.

Item 5th

I desire that my Executor cause to be erected a suitable monument

at the graves of my wife and myself costing about one hundred dollars.

I do hereby revoke all former wills made by me.

In testimony hereof I have hereunto set my hand and seal this

11th day of October 1890.

Charles Freeman {Seal}

Signed and acknowledged by said Charles Freeman as his last will

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

Geo. W. Hughes

A.J. Triplett
Delaware County Ohio Will Records Vol. 9 1890-1893 (216)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (216)

Description

[page 216]

[corresponds to page 187 of Delaware County Ohio Will Records Vol. 9 1890-93]

187

Benjamin F. Loofbourrow's Will

Journal Entry

May 18, 1881

In the Matter of the Will of }

Benjamin F. Loofbourrow dec'd } This day an instrument of writing purport-

ing to be the last Will and Testament of

Benjamin F. Loofbourrow, late of Delaware City in this County, deceas-

ed, was produced in open Court for Probate. On consideration whereof,

it is 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 Hannah M. Loofbourrow - widow and Joanna Gales

Bertha O. Thompson and Frank L. Thompson next of kin of the

Testator rsident of the State of Ohio: that said applcation will be for

hearing before this Court on the 22d day of May A.D. 1891 at 10

o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 18/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of }

Benjamin F. Loofbourrow deceased }

To the Hon. N. F. Overturf - Judge of the Pro-

bate Court in and for said County:

Your petitioner respectfully represents that

Benjamin F. Loofbourrow late of resident of the Township of Delaware in said

County died on or about the 13 day of May A.D. 1891, leaving an instrument

in writing hereto attached purporting to be his last Will and Testament

That the said Benjamin F. Loofbourrow dec'd leaving Hannah M. Loofbour-

row widow and the following named persons his only next of kin resident of

the State of Ohio.

Name Degree of Kinship P.O. Address

Bertha O. Thompson Grand daughter Delaware O

Frank L. Thompson Grand Son "

Joanna Gales Daughter DeGraff O

Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified according

to law of the pending of said proceedings.

Jackson Hipple

The foregoing application was signed in my presence and sworn to before

me, this 18" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (217)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (217)

Description

[page 217]

[corresponds to page 188 of Delaware County Ohio Will Records Vol. 9 1890-93]

188

Benjamin F. Loofbourrow's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss}

In the Matter of the last Will and Testament

of Benjamin F. Loofbourrow, deceased.

To Jackson Hipple:

You are hereby commanded to notify

Hannah M. Loofbourrow - Bertha O. Thompson - Frank L. Thompson

and Joanna Galer that on the 18 day of May A.D. 1891 an instru-

ment of writing, purporting to be the last Will and Testament of Ben-

jamin F. Loofbourrow late of Delawaare Township in said County, de-

ceased, was produced in said Court and an application to admit the

same to probate was on the same day made in said Court. Said appli-

cation will be for hearing before this Court on the 22 day of May A.

D. 1891, at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio this 18 day of May A.D. 1891.

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed May 22/91

The State of Ohio }

Delaware County ss } Jackson Hipple being duly sworn says that on

the 18 & 19 day of May A.D. 1891, he served the

within notice by delivering a true copy thereof to the within named

Hannah M. Loofbourow - Bertha O. Thompson - Frank L. Thomp-

son and Joanna Gales.

Jackson Hipple

Subscribed in my presence and sworn to before me this 22 day of

May A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed May 22/91

The State of Ohio }

Delaware County ss } In Probate Court

Personally appeared in open Court Elias D.

Whitlock and Ruth E. Byers the subscribing witnesses to the last

Will and Testament of Benjamin F. Loofbourrow late of Delaware

Township in said Delaware 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 execution of said Will deposed and

say: That the paper before them bearing date the 12 day of May

A.D. 1891, purporting to be the last Will and Testament of Ben-

jamin F. Loofbourrow now deceased, is the Will of said deceased

Benjamin F. Loofbourrow that they were present at the execu-

tion of said Will and at the request of the Testator respectively
Delaware County Ohio Will Records Vol. 9 1890-1893 (218)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (218)

Description

[page 218]

[corresponds to page 189 of Delaware County Ohio Will Records Vol. 9 1890-93]

189

Benjamin F. Loofbourrow's Will

subscribed their names to the same as witnesses in his presence, that

they saw the said Benjamin F. Loofbourrow deceased, sign and seal

said Will, and heard him acknowledge the same to be his last Will

and Testament, and that the said Benjamin F. Loofbourrow at the

time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint.

Elias D. Whitlock

Ruth E. Byers

Sworn to and subscribed by said witnesses, in open Court, this 22

day of May A.D. 1891.

{Seal} N. F. Overturf

Probate Judge

Journal Entry

May 22'd 1891

In the Matter of the Will of }

Benjamin F. Loofbourrow, dec'd }

Be it remembered that heretofore, to wit:

on the 18th day of May A.D. 1891, an instrument of writing, purporting

to be the last Will and Testament of Benjamin F. Loofbourrow,

late of Delaware City, 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 Hannah M. Loofbourrow widow and Joanna

Galer - Bertha O. Thompson and Frank L. Thompson next of

kin of the Testator resident of the State of Ohio pursuant to a former

order of this Court: therefore on this day came Elias D. Whitlock

and Ruth E. Byers the subscribing witnesses to said Will, who

being duly sworn testified to the due execution and attestation of

said Will, Which testimony was reeduced to writing by them re-

spectively subscribed, and filed with said Will: whereupon the Court

finds that the aforesaid instrument of writing is the last Will and

Testament of said Benjamin F. Loofbourrow deceased - That

the same was duly executed and attested, and that the said Testa-

tor at the time of making, signing and sealing said Will was of

full age of sound mind and memory, and not under any restraint.

It is therefore 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, as well as the proceedings had thereon

be entered of record in this Court.

Citation ordered and issued to Hannah M. Loofbourrow widow of

said decedent to elect as to said Will, as required by law, and

thereupon the said Hannah M. Loofbourrow acknowledged service

of the said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (219)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (219)

Description

[page 219]

[corresponds to page 190 of Delaware County Ohio Will Records Vol. 9 1890-93]

190

Benjamin F. Loofbourrow's Will

Will

I, Benjamin F. Loofbourrow of the City of Delaware County of Dela-

ware and State of Ohio do make and publish this my last Will and

Testament.

Item I. It is my will that all of my just debts and funeral expenses be first

paid.

Item 2. I give and devise to my beloved wife Hannah M. Loofbourrow All my Real

Estate in the City of Delaware, Delaware County Ohio to have and to

hold to her and her heirs on condition that she does not again marry but in

case she again marries Then I give and devise the said Real Estate

(except two City Lots fronting on Fountain Avenue) to my daughter Jo-

anna Gailor and the two children of my deceased daughter Annice

Adella Thompson To wit: Bertha O. Thompson & Frankl L.

Thompson, The Share of my daughter Joanna to be equal to the Share

of my two grand children above named and to them and their heirs forever

Item 3. In case my wife shall again marry Then I give and devise to my grand

daughter Bertha O. Thompson The east one of said Lots on Foun-

tain Avenue & the west one to my grand son Frank L. Thompson to

have & to hold in fee simple.

Item 4. I give and devise and bequeath all my personal property of every description

including moneys Stocks & chattels of every kind including also all my

interest in the Sunbury Stone quarry Real & personal to my wife

and my daughter Joanna Gailer and my two grand children Bertha

O. Thompson & Frank L. Thompson to be divided between them as

provided by the laws of the State of Ohio in the same manner as it

would be done if this will had not been made. And it is understood

that there are certain Lots in the City of Findlay State of Ohio

in my name conveyed to me by Thomas H. M. Konica to secure the

payment of two notes I hold against him and are conveyed to me by

deed absolute in form but which is in fact in the nature of a mortgage

and I desire that they shall be considered for the purporses of my will

personal property and my Executor hereinafter named as hereby author-

ized to sell & convey said lots separately or together or in such man-

ner as he can at public or private sale & upon such terms of credit

or othrwise as he may deem for the best advantage of my Estate &

make deeds to purchasers for the same and apply the proceeds as di-

ected by my will.

Item 5. I hereby nominate and appoint my Friend Jackson Hipple Ex-

ecutor of this my last Will and Testament revoking all former Wills

by me made.

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

12th day of May A.D. 1891.

his

Benjamin F. Loofbourrow

mark

Signed and acknowledged by said Benjamin F. Loofbourrow as his

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

presence.

Elias D. Whitlock

Ruth E. Byers
Delaware County Ohio Will Records Vol. 9 1890-1893 (220)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (220)

Description

[page 220]

[corresponds to page 191 of Delaware County Ohio Will Records Vol. 9 1890-93]

191

James Thomas Will

Journal Entry.

May 16" 1891

In the Matter of the Will }

of James Thomas - deceased } This day, an instrument of writing, purport=

ing to be the last Will and Testament of

James Thomas, late of Radnor Township, in this County, deceased,

was produced in open Court for Probate. In consideration whereof, it is

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 Mary Jones - Margaret Jones - William Thomas - John

Thomas and Martha A. Seigfried next of kin of the Testator, resi=

dent of the State of Ohio. Elizabeth Thomas, widow, and Robert Thom=

as - James Thomas - Elizabeth J. Dildine and Alice Thomas other

next of kin resident of the State of Ohio having this day in writing

waived Notice and consented to the probate of said Will) that said ap=

plication will be for hearing before this court on the 23rd day of May

A.D. 1891. at 10 o'clock P.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed: May 16/91

The State of Ohio } In Probate Court
}
Delaware County, ss. }

In the Matter of the Last }
}
Will and Testatment of } Application to Admit to Probate
}
James Thomas - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

James Thomas late a resident of the Township of Radnor in said

County, died in or about the 14 day of April. A. D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will and

Testament: That the said James Thomas died leaving Elizabeth Tho=

as widow and the following named persons his only next of kin resident of

the State of Ohio.

Name Degree of Kinship P. O. Address

Mary Jones Daughter Radnor O.

Robert Thomas Son Prospect "

Margaret Jones Daughter Radnor "

William Thomas Son Radnor "

John Thomas " "

James Thomas " "

Elizabeth J. Dildine Daughter Ahsley "

Martha A. Sigfried " Delaware "

Alice Thomas " Radnor "

Delaware County Ohio Will Records Vol. 9 1890-1893 (221)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (221)

Description

[page 221]

[corresponds to page 192 of Delaware County Ohio Will Records Vol. 9 1890-93]

192

James Thomas Will

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified accord=

ing to law of the pending of said proceedings

Elizabeth Thomas

The foregoing application was signed in my presence and sworn to before

me, this 16' day of May A. D. 1891.

N. F. Overturf

Probate Judge

Waiver

We, the undersigned widow & next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will.

Dated this 16" day of May A. D. 1891.

Elizabeth Thomas Robert Thomas

Alice Thomas James Thomas

Lizzie J. Dildine

Notice

The State of Ohio } In Probate Court
}
Delaware County, ss. }

In the matter of the last Will and Testament

of James Thomas deceased.

To Elizabeth Thomas:

You are hereby commanded to notify

Mary Jones - Margaret Jones - William Thomas - John Thomas

and Martha Sigfried that on the 16" day of May A. D. 1891, an in=

strument of writing, purporting to be the last Will and Testament

of James Thomas late of Troy Township in said County - deceased,

was produced in said Court, and an application to admit the same

to probate was on the same day made in said Court. Said applica=

will befor hearing before this Court on the 23 day of May A.D.

1891 at 1 oclock P.M.

Witness my hand and the seal of said Probate Court

at Delaware, Ohio, this 16" day of May A. D. 1891

{Seal} N.F. Overturf

Probate Judge

Proof of Service Filed May 23/91

The State of Ohio }

Delaware County ss } Elizabeth Thomas being duly sworn, says that

on the day of May A.D. 1891, she served

the within notice by delivering a true copy thereof to the within nam=

ed Mary Jones - Margaret Jones - William Thomas - John Thomas -

and Martha Sigfried.

Elizabeth Thomas

Subscribed in my presence and sworn to before me this 23rd day

of May A. D. 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (222)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (222)

Description

[page 222]

[corresponds to page 193 of Delaware County Ohio Will Records Vol. 9 1890-93]

193

James Thomas Will

Probate of Will Filed May 23/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court John Pow=

ell and John A. Cone the subscribing witnesses to the last Will and

Testament of James Thomas late of Troy Township in said Delaware

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 execution of said Will, depose and say: That the paper before

them bearing date the 9' day of June, A. D. 1888, purporting to

be the last Will and Testament of James Thomas, now deceased

is the Will of said deceased James Thomas, 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 said James Thomas deceased, sign and

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

and Testament, and that the said James Thomas at the time of mak=

ing, signing, and sealing said Will, was of full age of sound mind

and memory, and not under any restraint.

John Powell

Gno A. Cone

Sworn to and subscribed by said witnesses, in open Court, this 23rd

day of May A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

May 23rd 1891

In the Matter of the Will }

of James Thomas - deceased } Be it remembered, that heretofore, to-wit: on

the 16" day of May, A. D. 1891, an instru=

ment of writing, purporting to be the last Will and Testament of

James Thomas, late of Radnor Township in this County, deceased,

was produced in open Court for probate, and was then filed. And,

it now being shown to the satisfication 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 Jones -

Margaret Jones - William Thomas - John Thomas and Martha Sig=

fried next of kin of the Testator resident of the State of Ohio pursu=

ant to a former order of this Court; (Elizabeth Thomas, widow, and

Robert Thomas - James Thomas - Elizabeth J. Dildine and

Alice Thomas other next of kin having waived Notice), therefore,

on this day came John Powell and Gno. A. cone the sub=

scribing witnesses to said Will, who being duly sworn, 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 and Testament of said James Thomas
Delaware County Ohio Will Records Vol. 9 1890-1893 (223)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (223)

Description

[page 223]

[corresponds to page 194 of Delaware County Ohio Will Records Vol. 9 1890-93]

194

James Thomas Will

deceased. That the same was duly executed and attested; and that the

said Testator, at the time of making, signing and sealing said Will,

was of full age, of sound mind and memory, and not under any restraint

It is, therefore, by the Court ordered, that the said Will be admit=

ted to probate, and that the same, together with the testimony of the

witnesses above named, as well as the proceedings had therein be enter=

ed of record in this Court.

Citation issued to Widow to make her election under the Will.

N.F. Overturf

Probate Judge

Will

In the name of the Benevolent Father of All, Amen:

I, James Thomas,

of Troy Township, Delaware County, Ohio, being of good mind

and memory, do make and publish the following as my Last Will

and Testament.

Item First I direct that all my just debts, including expenses of last sick=

ness and Furnal Expenses be paid out of my personal estate.

Item 2nd I give, devise and bequeath to my beloved wife, Elizabeth Thomas, in

case she survive me, my Home Farm of about 209 1/23 Acres, situated in

Troy Township Delaware County, Ohio, together with all the live stock

Farming implements Machinery - Crops and growing cropes & Household

and Kitchen furniture that I may have on said farm at the time of

my decease to be by her owned controlled and occupied during her natur-

al life.

Item 3rd I give devise and bequeath to my son James Thomas Jr. the so-call=

ed Wolfley Farm of about 161 1/2 Acres situated in Radnor Township

Delaware County, Ohio, and being the same farm on which my

said son James now resides, provided, however, that my said son

James shall pay to my estate the sum of Three Thousand Dollars

or so much of said sum of $3000, as he shall not have paid to me

prior to my decease.

Item 4th I give devise and bequeath to my son John Thomas the Farm of

about 123 Acres situated in said Radnor Township Delaware

County, Ohio, and being the same farm which my said son John

now uses and occupies

Item 5th I give and bequeath to my two daughters Martha and Alice each

Three Thousand Dollars, or so much of said Three Thousand Dol=

lars as I shall not have paid to each prior to my decease; and each

of my said two daughters shall be paid interest on such part of said sums

as shall not have paid to them prior to their coming to the age of 25

years, said interest to date from their respectively arriving at the age

of 25 years.

Item 6th I give and bequeath to my sons Robert Thomas - William Thom=

as, John Thomas and James Thomas each one hundred dollars

I have already given to each of my two sons Robert and William

a farm.
Delaware County Ohio Will Records Vol. 9 1890-1893 (224)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (224)

Description

[page 224]

[corresponds to page 195 of Delaware County Ohio Will Records Vol. 9 1890-93]

195

James Thomas Will

Item 7th I give devise and dequeath to my five daughters May - Margaret -

Elizabeth, Martha and Alice all the rest and residue of my home

farm and the stock, implements, machinery & household goods after

the decease of my wife Elizabeth, to be divided among my said daugh=

ters - share and share alike.

Item 8 In case of the marriage of my daughter Alice after my deceased

she is to have 2 cows and setting out of about $2000 besides

Item 9th In case I shall have moneys or credits not otherwise disposed of in

the foregoing, the same shall be divided among all my children share

and share alike.

I hereby revoke all former wills or parts of Wills heretofore by

me made.

Witness my signature and seal, this 9th day of June A.

D. 1888.

his
James X Thomas {Seal}
mark

Signed by the said James Thomas in our presence and by him

acknowledged to be his last Will and Testament in our bearing,

and signed by us as witnesses at his request and in his presence and

in the presence of each other, this 9" day of June, A. D. 1888

John Powell

Gno. A. Cone
Delaware County Ohio Will Records Vol. 9 1890-1893 (225)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (225)

Description

[page 225]

[corresponds to page 196 of Delaware County Ohio Will Records Vol. 9 1890-93]

196

Aaron Woodley's Will

4877 Application for Probate of: Will Filed May 25/91

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Aaron Woodley - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County

Your petitioner respectfully represents that

Aaron Woodley late a resident of the Township of Delaware in said

County, died on or about the 22 day of February A. D. 1890 leaving

an instrument in writing, hereto attached, purporting to be his last

Will and Testament: That the said Aaron Woodley died leaving

Lovinia Woodley widow, and the following named persons his only next of

kin resident of the State of Ohio.

None.

Your petitioner prays that a time may be fixed for the proving of said

Will.

Maria Blount

The foregoing application was signed in my presence and sworn to be-

fore me, this 22" day of May A. D. 1891.

N. F. Overturf

Probate Judge

Waiver

I, the undersigned Lovinia Woodley, widow of the within named

decedent, hereby waive further notice, and consent to the probate of

said Will

Dated this 22" day of May A. D. 1891

Lovinia Woodley



Journal Entry

May 23 1891. }

In the Matter of the Will }

of Aaron Woodley, deceased.} This day an instrument of writing pur=

porting to be the last Will and Testament

of Aaron Woodley, late of Delaware City in this County deceased,

was produced in open Court for Probate: On consideration where of it is

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 Lovinia Woodley, widow of said Testator there

being no next of kin of said Testator, resident of the State of Ohio.

and thereupon said Lovinia Woodley, in writing, waived notice and

consented to the probate of said Will, therefore; in this day came

James R. Sytle and Henry J. Eaton the subscribing witness-

es to said Will, who being sworn, testified to the due execution
Delaware County Ohio Will Records Vol. 9 1890-1893 (226)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (226)

Description

[page 226]

[corresponds to page 197 of Delaware County Ohio Will Records Vol. 9 1890-93]

197

Aaron Woodleys Will

and attestation of said Will which testimony was reduced to writ=

ing, by them respectively, and filed with said Will,

whereupon the Court finds that the aforesaid instrument of writing

is the last Will and Testament of said Aaron Woodley de=

ceased. That the same was duly executed and attested; and that

the said Testator, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and

not under any restraint. 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, as well

as the proceedings had therein be entered of record in this Court

Citation ordered and issued to Lovinia Woodley widow of said de=

cedent to elect as to said Will, as required by Law.

N. F. Overturf

Probate Judge


Testimony of Witnesses Filed May 25/91

In Probate Court } In the Matter of Proving the last Will

Delaware County Ohio } and Testament of Aaron Woodley Deceased,

The State of Ohio }

Delaware County, ss. } James R. Sytle, being duly sworn and ex=

amined as a witness in the above entitled

matter, says: I was present at the execution of the instrument now

shown to me, bearing date the 15 day of August A. D. 1889, and offered

for probate as the last Will and Testament of Aaron Woodley, late of

Delaware Township in said County of Delaware deceased, and saw

the said Aaron Woodley, now deceased sign and seal said instrument,

and heard him acknowledge the same to be his last Will and Testa=

ment, and I, thereupon, at his request and in his presence, subscribed

my name to the same as a witness. The said decedent, at the time

of making, signing and sealing said instrument, was of full age of sound

mind and memory and not under any restraint

James R. Sytle

Sworn to and subscribed by said witness in open Court, this 25

day of May A. D. 1891.

{Seal} N. F. Overturf

Probate Judge

The State of Ohio }

Delaware County, ss } Henry J. Eaton, being duly sworn and exam=

ined as a witness in the above entitled matter

says; I was present at the execution of the instrument now shown

to me bearing date the 15" day of August A. D. 1889 and offered for

probate as the last Will and Testament of Aaron Woodley late of

Delaware Township, in said County of Delaware, deceased and saw

the said Aaron Woodley, now deceased, sign and seal said instrument=

ment, and heard him acknowledge the same to be his last Will and
Delaware County Ohio Will Records Vol. 9 1890-1893 (227)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (227)

Description

[page 227]

[corresponds to page 198 of Delaware County Ohio Will Records Vol. 9 1890-93]

198

Aaron Woodley Will

Testament: and I, thereupon, at his request and in his presence, sub:

scribed my name to the same as a witness. The said decedent at the

time of making, signing and sealing said instrument was of full age, of

sound mind and memory, and not under any restraint.

Henry J. Eaton

Sworn to and subscribed by said witnesses in open Court this 25 day

of May A. D. 1891.


{Seal} N. F. Overturf

Probate Judge

Will

In The Name of The Benevolent Father of All, I, Aaron Woodley

of Delaware County of Delaware and State of Ohio, do make and publish

this my Last Will and Testament, hereby revoking all former wills by

me made.

Item First It is my will that all my just debts and charges be first paid out

of my estate.

Item Second I give and devise to my beloved wife - Lavinia Woodley, during her

natural life, all my personal property goods and chattels, house hold and

kitchen furnature. Also the house and Lot where we now live, to wit-

Being In Lot No. 135, in the City of Delaware Ohio Being the same

Lot I purchased of Thomas Crawford and wife on the 12th day of

July A. D. 1843. The Deed for the same is recorded in Vol. 24 Page 320

of the Record of Deeded of Delaware County Ohio.

Item Third At the decease of my said wife, I give and devise all of my personal

property, goodes & chattles, household and kitchen furnature, and the house

and Lot aforesaid, to my cousin Mrs. Maria Blount of Delaware Ohio.

absolutely and in fee simple.

Item Fourth I hereby nominate and appoint my beloved wife Lovinia Woodley

Executrix of this my Last Will and Testament

In testimony whereof I have hereunto set my hand and seal

this 15th day of August A. D. 1889.
his
Witness to mark. Aaron x Woodley {Seal}
mark

Henry J. Eaton

James R. Lytle

Signed, sealed and acknowledged by Aaron

Woodley, to be his Last Will and testament, in our presence and

signed by us in his presence and at this special instance and request.

Henry J. Eaton

James R. Sytle
Delaware County Ohio Will Records Vol. 9 1890-1893 (228)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (228)

Description

[page 228]

[corresponds to page 199 of Delaware County Ohio Will Records Vol. 9 1890-93]

199


Sandford Howison's Will

Journal Entry

May 9, 1891

In the Matter of the Will of } This day, an instrument of writing, pur

Sanford A. Howison, deceased, }
porting to be the last Will and Testament

of Sandford Howison, late of Radnor Township, in this County, de:

ceased, was produced in open Court for probate: on consideration where:

of, it is 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 to Melissa Howison - widow - and Louisa VanBrim:

er - Mary Hodges - Margaret Welch - Sarah F.Snider - Virginia

Colvin - Samuel Howison - Mary Sharp Decker - Sarah Sharp -

Julia Sharp Minor - James T. Sharp - and Sandford Sharp -

(Charles T. Howison having in writing waived Notice and consented

to the probate of said Will) next of kin of the Testator, resident of

the State of Ohio, that said application will be for hearing before

this Court in the 21st day of May. A.D.1891 at 1 o'clock P.M.

N.F. Overturf

Probate Judge.

Application for Probate of Will Filed May 9/91

The State of Ohio } In Probae Court

Delaware County.ss. }

In the matter of the Court }

Will and Testimony of } Application to Admit to Probate

Sanford Howison deceased. }

To the Hon. N.F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioners respectfully represents that

Sandford Howison late a redient of the Township of Radnor in said Coun-

ty, died in or about the 19" day of April A.D.1891, leaving an instrument

in writing hereto attached, purporting to be his last Will and Testament:

That the said Sandford Howison died leaving Melissa Howison - widow -

and the follwoing named persons his only next of kin resident of the State

oh Ohio:

Name Degree of Kinship P.O. Address
__________________________________________________________________

Charles T. Howison Son Delaware O.

Louisa Van Brimmer Daughter Warrensburgh O.

Mary Hodges Daughter Warrensburgh O.

Margaret Welch Daughter Warrensburgh O.

Sarah F. Snider Daughter Warrensburgh O.

Virginia Colvin Daughter Warrensburgh O.

Samuel Hovison Son Delaware O.

Mary Sharp Decker Grand Daughter Warrensburgh O.

Sarah Sharp Grand Daughter Columbus O.

Julia Sharp Minor Grand Daughter Columbus O.

James T. Sharp Grand Son Washington C.H. O.

Sandford Sharp Grand Son Washington C.H. O.
Delaware County Ohio Will Records Vol. 9 1890-1893 (229)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (229)

Description

[page 229]

[corresponds to page 200 of Delaware County Ohio Will Records Vol. 9 1890-93]




200
Sandford Howisons Will

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings.

Charles T. Howison

The foregoing application was signed in my presence and sworn to before

me, this 9" day of May, A.D.1891.

N.F. Overturf

Probate Judge

Notice

The State of Ohio } In Probate Court

Delaware County.ss. }

In the matter of the last Will and Testament

of Sandford Howison deceased.

To Charles T. Howison:

You are hereby commanded to notify

Melissa Howison - Louisa Van Brimmer - Mary Hodges - Margaret

Decker - Sarah Sharp - Julia Sharp Minor - James T. Sharp - and

Sandford Sharp, that on the 9" day of May, A.D.1891, and instrument of

writing, purporting to be the last Will and Testament of Sandford How:

ison late of Radnor Township, in said County, deceased, was produce:

ed in said Court, and an application to admit the same to probate was

on the same day made in said Court. Said application will be for

hearing before this Court on the 21" day of May A.D.1891, at 1 o"clock

P.M.

said probate Court at Delaware Ohio, this 9" day of May A.D.1891.

N.F. Overturf
{ seal }
Probate Judge

Proof of Service

The State of Ohio }

Delaware County.ss. } Charles T. Howison being duly sworn, says that

on the 13" & 21" days of May, A.D.1891. he served

the within noice by delivering a true copy there of to the within named

Louisa VanBrimer - Mary Hodges - Margaret Welch - Sarah F.

Snider - Virginia Colvin - Samuel Howison - Mary Sharp Decker - and

Melissa Howison and James T. Sharp and Julia Sharp Minor.

Charles T. Howison

Subscribed in my presence and sworn to before me this 20 day of May

A.D.1891.

N.F. Overturf
{ seal }
Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (230)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (230)

Description

[page 230]

[corresponds to page 201 of Delaware County Ohio Will Records Vol. 9 1890-93]

201

Sandford Howison's Will

Journal Entry



May 21st 1891. }

In the Matter of the Will of }

Sandford Howison - deceased - } Be it remembered, that heretofore, to wit:

on the 9"day of May A.D.1891, an in:

strument of writing, purporting to be the last Will and Testament of

Sandford Howison, late of Radnor 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 Melissa Howison, widow, and

Louisa VanBrimer - Mary Hodges - Margaret Welch - Sarah F Sni-

der - Virginia Colvin - Samuel Howison - Mary Sharp Decker - James

T. Sharp and Julia Sharp Minor, pursuant to a former order of this

Court. (Charles T. Howison having waived Notice) And it further

appearing to the Court that Sandford Sharp and Sarah Sharp have

not had Notice of the filing of said Will and of the application to admit

the same to probate and record, it is now ordered that Notice there of be

given to them, that said Will will be for hearing on the 28th day of

May A.D.1891 at 1 o'clock P.M. to which time this matter is continued.

N.F. Overturf

Probate Judge.


Notice


The State of Ohio } In Probate Court

Delaware County.ss. }
In the matter of the last Will and Testament

of Sandford Howison - deceased,

To Charles T. Howison,

You are hereby commanded to notify

Sarah Sharp and Sandford Sharp that on the 9th day of May, A.D.

1891, and instrument of writing, purpoprting to be the last Will and Testa:

ment of Sandford Howison late of Radnor Township, in said County,

deceased, was produced in said Court, and an application to admit

the same to probate was in the same day made in said Court -

Said application will be for hearing before this Court on the 28"day

of May, A.D.1891 at 1 o'clock P.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio this 21" day of May. A.D.1891.

N.F. Overturf
{ seal }
Probate Judge


Proof. of. Service

The State of Ohio } Files May 28/91

Delaware County.ss. } Charles T. Howison being duly sworn, says that on the

25 & 26 days of May, A.D.1891, he served the within notice

by delivering a true copy there of to the within named Sandford Sharp and Sarah

Sharp by mail & they have acknowledged service of notice herein.

Charles T. Howison
Delaware County Ohio Will Records Vol. 9 1890-1893 (231)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (231)

Description

[page 231]

[corresponds to page 202 of Delaware County Ohio Will Records Vol. 9 1890-93]

202

Sandford Howisons Will

Subscribed in my presence and sworn to before me this 28 day of May,

A.D.1891.

N.F. Overturf

Probate Judge

I the undersigned person within named hereby achnowledge service of the

within notice this 25 day of May, A.D.1891

Sandford Sharp

Probate of Will


Filed May 28/91

The State of Ohio } In Probate Court

Delaware County.s.s }

Personally appeared in open Court John M McIlvain

and Moses McIlvain the subscribing witnesses to the last Will and Tes:

tament of Sandford Howison late of Radnor Township in said Delaware

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 ex:

exacution of said Will, depose and say: That the paper before them bearing

date the 29" day of September, A.D.1879, purporting to be the last Will

and Testament of Sandford Howison now deceased, is the Will of Said

deceased Sandford Howison 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

Sandford Howison deceased sign and seal said Will, and heard him

ackmowledge the same to be his last Will and Testament, and that the

said Sandford Howison at the time of making, signing and sealing said

Will, was of full age, of sound mind, and memory, and not under any

restraint.

John M. McIlvain

Moses McIlvain

Sworn to and subscribed by said witnesses, in open Court, this 28"

day of May. A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

May 28" 1891. }

In the Matter of the Will }

of Sandford Howison - deceased } This day this matter came in to be heard,

and it 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 in this Court, has been

of said Testator, resident of the State of Ohio, pursuant to a former

order of this Court; therefore, on this day came John M. McIlvain

and Moses McIlvain 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 re:
Delaware County Ohio Will Records Vol. 9 1890-1893 (232)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (232)

Description

[page 232]

[corresponds to page 203 of Delaware County Ohio Will Records Vol. 9 1890-93]

203

Sandford Howison's Will

spectively subscribed, and filed with said Will, whereupon the Court

finds that the aforesaid instrument of writing is the last Will and

Testament of said Sandford Howison, deceased. That the same was

duly executed and attested and that the said Testator, at the time of

making, signing and sealing said Will, was of full age, of sound mind

and memory and not under any restraint. 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, as well as

the proceedings had there in, be entered of record in this Court.

Citation ordered and issues to Melissa Howison, widow of said decedent

to elect as to said Will as required by Law.

N.F. Overturf

Probate Judge.


Will

In the name of the Benevolet Father of all, Amen:

I Sandford Howison, of Del:

aware County, Ohio, being of sound and disposing mind and memory, and

being conscious of the uncertainty of life, and desiring to dispose of my

property to and among my children, as I think, equitable and fairly, to

make and publish, the following as my last Will and Testament.

Item 1st I Will and direct that all my just debts be paid out of my estate, in

the manner following: that is to say, in the first place, I direct that my

Executors, hereinafter named, apply so much of my personal estate as

may be assets in their hands, exclusive of the distributive share of my

wife Melisa therein to the payment of my said debts, and in case

said debts shall not all be discharged and paid therefrom, I direct that

my said Executors shall rent or lease the farm on which I reside in-

cluding the lot on which I. Z. Colvin resides, to such persons and

on such terms, as shall seem to them for the best interest of my es-

tate for such length of time as may be necessary to produce or yield a

sufficient sum of money to pay the residue of my said debts: and also

the legacies hereinafter given and bequeathed to my three Grand daugh-

ters, Sarah Shoup, Mary Shoup and Julia Shoup.

Item 2nd I desire that my beloved wife Melissa, if she survive me, shall have

her lawful distributive share of my personal estate and also her Dower

in my Real Estate.

Item 3rd I give and bequeath to my Grand Daughters Sarah Shoup

Mary Shoup each one Hundred Dollars and to my Grand daughter

Julia Shoup Fifty Dollars, to be paid by my Executors in the man-

ner indicated in the first item of this my will, but not to bear interest.

Item 4th I give devise and bequeath to my son Charles T. Howison that

part of the farm in Radnor Township, Delaware County, Ohio, on

which I now reside, that lies east of the so called prairie ditch, bound-

ed north by the road running east and west on the west by the said

ditch south by the north line of the so called Silverthorn lot, said

Silverthorn lot being the same that is hereinafter devised to Virginia

Colvin and east by the road leading North east and South west:

continuing by estimation about Sixteen acres of land, and the same as
Delaware County Ohio Will Records Vol. 9 1890-1893 (233)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (233)

Description

[page 233]

[corresponds to page 204 of Delaware County Ohio Will Records Vol. 9 1890-93]

204

Sandford Howison's Will

to be subject to the Dower interest of my said wife Melissa therein

Item 5th I give devise and bequeath to my son James A. Howison twenty one

Acres of my said farm, subject to the Dower of my said wife Melissa

therein in the North of said farm, to be bounded as follows: on the North

by the East and West road, East by the so called prairie ditch, West

by the Scioto river, and South by a line parallel with said north line.

Item 6th I give devise and bequath to my daughter Louisa Van Bruner twenty

Acres of my said farm lying south of the said twenty one Acres above bequeath-

ed to my said son James A. and west of said ditch subject to the dower

therein of my said wife Melissa

Item 7th I give devise and bequeath to my daughter Mary Hodges twenty two acres

of my said farm lying next south of the twenty two acres above described

to my said daughter Louisa Van Bruner and west of said ditch subject to

the dower interest therein of my said wife Melissa

Item 8th I give and devise and bequeath to my daughter Margaret Welsh twenty acres

of my said Farm lying next south of the twenty two acres above described

to my daughter Mary Hodges and West of said ditch subject to the Dower

interest therein of my said wife Melissa.

Item 9th I give devise and bequeath to my daughter Sarah F. Snider ten Acres of

my said Farm lying next south of the twenty Acres above devised to my

daughter Margaret Welch, and west of said ditch, subject to the dower inter-

est therein of my said wife Melissa.

Item 10th I give devise and bequeath to my daughter Virginia Colvin the thirty five

acres of land lying south of the above ten acres devised to Sarah Snider, and

this will: the north line of said Thirty five acres hereby devised to said

Virginia Colvin being the north line of the so called Silverthorn lot from

the Scioto river east to the garden fence in said Silverthorn lot then

following the said garden fence around the North side to the NE corner of said

Silverthorn lot subject to the Dower interest therein of my said wife: And in case

there is more than Ninety Six Acres of land in the aggregate of the several parcels

above devised to James A. Howison, Louisa Van Bruner, Mary Hodges, Margaret Welsh

and Sarah F. Snider, that is to say if there is more than Ninety Six Acres of

said Farm West of said ditch and north of said Silverthorn lot then such excess

above Ninety Six Acres shall be equally divided between said James A. Howison

Louisa Van Bruner Mary Hodges Margaret Welsh and Sarah F. Snider and the

portion of each of said five persons shall be increased by one fifth of said excess

above Ninety Six Acres

Item 11th I hereby constitute and appoint my sons James A. Howison and Charles F. Howi-

son executors of this my last will and testament

I hereby revoke all former wills or parts of wills and codicils and parts of codicils by

me heretofore made and do declare and publish the foregoing as my last will and tes-

tament.

In witness whereof I do hereto subscribe my name and affix my seal this twenty

ninth day of September in the year of our Lord, One Thousand Eight Hundred and Seventy Nine

Sandford Howison Seal.

Signed by the said Sandford Howison in our presence and by him declared to be his last Will and

Testament in our hearing and signed by us as witnesses thereto, at his request and in his presence

and in the presence of each other, this 29" day of September A.D. 1879

John Mc Ilvain

Moses Mc Ilvain
Delaware County Ohio Will Records Vol. 9 1890-1893 (234)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (234)

Description

[page 234]

[corresponds to page 205 of Delaware County Ohio Will Records Vol. 9 1890-93]

205

John H. Shoub's Will

Journal Entry

May 25" 1891

In the Matter of the Will }

of John H. Shoub-deceased } This day an instrument of writing purporting

to be the last Will and Testament of

John H. Shoub late of Delaware City in this County, deceased, was pro-

duced in open Court for Probate: On consideration whereof it is order-

ed 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

to John F. Shoub and Anna Shoub next of kin of the Testator, resi-

dent of the State of Ohio, that said application will be for hearing before

this Court on the 1st day of June A.D. 1891, at 9 o'clock A.M.

(Celia E. Shoub widow of said Testator, having in writing waived Notice

and consented to the probate of said Will.)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 28/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of John } Application to Admit to Probate

H. Shoub - deceased }

To the Hon. N. F. Overturf Judge of the

Probate Court in and for said County.

Your petitioner respectfully represents that

John H. Shoub late a resident of the Township of Delaware in said

County died on or about the 15 day of May A.D. 1891 leaving an in-

strument in writing, hereto attached, purporting to be his last Will and

Testament. That the said John H. Shoub died leaving Celia E. Shoub

widow and the following named persons his only next of kin resident

of the State of Ohio

Name Age of Degree of Kinship P. O. Address
Minor

John F. Shoub 9 yrs Son Delaware O

Anna Shoub 7 yrs Daughter Delaware O

Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified accord-

ing to law of the pending of said proceedings.

Celia E. Shoub

The foregoing application was signed in my presence and sworn to be-

fore me this 25" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (235)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (235)

Description

[page 235]

[corresponds to page 206 of Delaware County Ohio Will Records Vol. 9 1890-93]

206

John H. Shoub's Will

Notice

I the undersigned widow of the within named decedent hereby waive further

notice, and consent to the probate of said Will.

Dated this 25" day of May A.D. 1891.

Celia E. Shoub -

Notice

The Sate of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will and Testament of

John H. Shoub - deceased

To Celia E. Shoub

You are hereby commanded to notify John

F. Shoub and Anna Shoub that on the 25 day of May A.D. 1891 an

instrument of writing purporting to be the last Will and Testament

of John H. Shoub late of Delaware Township in said County deceased

was produced in said Court and an application to admit the same to

probate was on the same day made in said Court Said application

will be for hearing before this Court on the 1st day of June A.D. 1891.

at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court at Del-

aware, Ohio this 25 day of May A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed June 1/91

The State of Ohio }

Delaware County ss } Celia E. Shoub being duly sworn, says that on

the 25 day of May A.D. 1891 he served the

within notice by delivering a true copy thereof to the within named

John F. Shoub and Anna Shoub.

Celia E. Shoub

Subscribed in my presence and sworn to before me this 1 day of June

A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court William

F. Crickard and Henry S. Culver the subscribing witnesses to the

last Will and Testament of John H. Shoub late of Delaware

Township in said Delaware 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 execution of said Will, depose and

say, That the paper before them bearing date the 9" day of March

A.D. 1891, purporting to be the last Will and Testament of John
Delaware County Ohio Will Records Vol. 9 1890-1893 (236)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (236)

Description

[page 236]

[corresponds to page 207 of Delaware County Ohio Will Records Vol. 9 1890-93]

207

John H. Shoub's Will

H. Shoub now deceased, is the Will of said deceased John H. Shoub

that they were present at the execution of said Will, and at the re-

quest of the Testator respectively subscribed their names to the same as

witnesses, in his presence: that they saw the said John H. Shoub

deceased sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said John H.

Shoub at the time of making, signing and sealing said Will was

of full age, of sound mind and memory and not under any restraint.

William F. Crickard

Henry S. Culver

Sworn to and subscribed by said witnesses in open Court this 1"

day of June A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Journal Entry

June 1st 1891

In the Matter of the Will }

of John H. Shoub deceased } Be it remembered, that heretofore, to wit:

on the 28" day of May A.D. 1891

an instrument of writing purporting to be the last Will and Testament

of John H. Shoub late of Delaware City 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 F. Shoub and Anna

Shoub next of kin of the Testator, rseident of the State of Ohio

pursuant to a former order of this Court, Celia E. Shoub widow having

waived Notice; therefore on this day came William F. Crickard and

Henry S. Culver 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 afore-

said instrument of writing is the last Will and Testament of said

John H. Shoub deceased. That the same was duly executed and

attested and that the said testator at the time of making, signing and

sealing said Will was of full age, of sound mind and memory and not

under any restraint. 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, as well as the proceedings had thereon

be entered of record in this Court

Citation ordered and issued to Celia E. Shoub widow of said de-

cedent to elect as to said Will, as required by law, and thereupon

said Celia E. Shoub appeared in Court and acknowledged service of

said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (237)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (237)

Description

[page 237

[corresponds to page 208 of Delaware County Ohio Will Records Vol. 9 1890-93]

208

John H. Shoub's Will

Will

In the name of the Benevolent Father of All, I John H. Shoub

of Delaware Delaware County Ohio do make and publish this my

last will and Testament hereby revoking all former wills by me at any

time made

First I direct that all my Just debts and funeral expenses be paid.

Second I will and bequeath unto my beloved wife Celia Shoub all of my prop-

erty both real and personal (except as hereinafter mentioned) during her nat-

ural life to use and enjoy to the mutual advantage & benefit of herself and

my dear Children John Shoub and Anna Shoub and at the death of my

beloved wife I will and bequeath all of my property absolutely to my two

children above named share and share alike

Third I give unto my dear son John Shoub my gold watch,

Fourth In case my beloved wife should die before my said children arrive

at full age or at the lawful age of choosing a guardian I request that

my faithful friend A. Schwitzer be appointed their Guardian

Fifth I hereby appoint without bond my beloved wife Executrix of this my

last will and testament.

In witness whereof I hereunto subscribed my name

this 9th day of March A.D. 1891 to this my last will and testament

John H. Shoub

Signed by the testator John H. Shoub as and for his last will

and testament in our presence and we at his request in his presence

and in the presence of each other hereby subscribe our names as attest-

ing witnesses.

William F. Crickcard

Henry S. Culver
Delaware County Ohio Will Records Vol. 9 1890-1893 (238)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (238)

Description

[page 238]

[corresponds to page 209 of Delaware County Ohio Will Records Vol. 9 1890-93]

209

Henry Dyxon's Will



4005 Journal Entry

June 3rd 1891

In the Matter of the Authenticated }

Copy of the Will of Henry Dyxon }

late of Franklin Co-deceased -- } An authenticated copy of the last

Will and Testament of Henry

Dyxon, late of Franklin County, Ohio, deceased, and of the order of

probate of the same in said County, were this day presented to this court

for record. Whereupon the court, finding that certain real estate devised

by said Will is situated in this County, hereby admits said copies to

record, as provided by law, in such cases.

N. F. Overturf

Probate Judge

Will.

Henry Dyxon of the County of Franklin in the State of Ohio

having my regular mind and proper memory do make and publish

this my last will and testament in manner and form following:

That is to say:

It is my will that all of my self and wifes funeral expenses and

all just and legal debts be fully paid.

I give devise and bequeath unto my wife Sally if living my house

and lots in Westerville her natural life time and then to go to L.A.

Davis:

I bequeath also to my wife Sally one third of my farm of one hun=

dred acres being Lot No. 9, nine in Genoa Township Delaware

County Ohio and after her decease (the one hundred acres) to go to

Alice Knox - Lovilla Babcock - Lovett Dyxon heirs and

Emily Schrock, I also bequeath my land in Franklin County, to

one third of it to my wife Sally being the land where the farm house

now stands in Blandon Township containing a fraction over twenty

five acres and the other two thirds to go to Emily Schrock - Louvilla

Babcock Lovett Dyxon in equal division Except $800.00 worth

Emily Schrock has allready had and Alice Knox to have equal

shares with rest of heirs the land is bounded as follows on west by

I Beals on the north by the County road on the west by Ida

Dyxon and South by I, Mossinan and Emily Schrock.

I also devise and bequeath my farm in Liberty Township Del=

aware County, Ohio, containing one hundred acres Known as the marks

farm to Emily Schrock Laura A. Davis Alice Knox Lovett

Dyxon heirs to be divided equal among them Except there is to be

take five hundred dollars to purchase a monument to be placed at

my wifes and my own graves.

I also devise and bequeath unto my two Sons Clinton and Ir=

vin W. Dyxon the land Town in Kansas in Green-wood County

Clinton Dyxon to have the west part described as follows west of Sec=

tion No 16 Township No 28 and range No. 9 being 320 acres in Green=

wood County and Irvin W. Dyxon to have the East half of the

same section and forty acres joining the same on the north better
Delaware County Ohio Will Records Vol. 9 1890-1893 (239)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (239)

Description

[page 239]

[corresponds to page 210 of Delaware County Ohio Will Records Vol. 9 1890-93]

210

Henry Dyxon's Will

known as the south west quarter of section No. 9 Township No 28 and

Range No. 9 making together 360 acres.

In testimony where of I have hereunto set my hand and seal this 18th

day of January 1890.

Henry Dyxon {Seal}

Signed published and declared by the above named Henry Dyxon as and

for his last will and testament in presence of us, who at his request have

signed as witness to the same.

S. E. Touts {Seal}

C.E. Sharp {Seal}

The State of Ohio } Probate Court

Franklin Country, ss }

I Charles G. Saffin Judge of the Probate

Court, within and for the County of Franklin and State of Ohio, do

hereby certify that the foregoing is a full and correct copy of the Last

Will and Testament of Henry Dyxon Dec'd as the same appears of

record and on file in said Court.

In Testimony Whereof, I have hereunto

set my hand and the seal of said Court, at Columbus, this 22nd

day of August A. D. 1890.

{Seal} Charles G. Saffin

Judge of the Probate Court

Franklin County, O

The State of Ohio } Probate Court

Franklin County, ss }

I, Lorenzo D. Hagerty, Judge of the Probate

Court, within and for the County of Franklin and State of Ohio,

do hereby certify that the foregoing is a full and correct copy of the

Last Will and Testament of Henry Dyxon Deceased. In

Will Record M. Page 166, as the same appears of record and in full

in said Court.

In Testimony Where of, I have hereunto set my hand

and the seal of said Court, at Columbus, this 28th day of May.

A.D. 1891.

{Seal} Lorenzo D. Hagerty

Judge of the Probate Court

Franklin County, Ohio
Delaware County Ohio Will Records Vol. 9 1890-1893 (240)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (240)

Description

[page 240]

[corresponds to page 211 of Delaware County Ohio Will Records Vol. 9 1890-93]

211

Benonie Dickerman's Will

Application for Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County, ss }

In the Matter of the last }

Will and Testament of Be= } Application to Admit to Probate

nonie Dickerman, Deceased.}

To the Hon. N. F. Overturf, Judge of the Pro=

bate Court in and for said County:

Your petitioner respectfully represents that

Bonnie Dickerman late a resident of the Township of Berlin in said

County, died on or about the 21 day of May. A.D. 1891, leaving an in=

strument in writing, hereto attached, purporting to be his last Will and

Testament: That the said Bonnie Dickerman died leaving no widow

and the following named persons his only next of kin resident of the State

of Ohio.

Name Degree of Kinship P.O. Address

Harriett Davis Daughter Constantia O

Sterling Dickerman Son " "

Calvin W. Dickerman " " "

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named person may be notified ac=

cording to law of the pending of said proceedings

Calvin W. Dickerman

The foregoing application was signed in my presence and sworn to be=

fore me, this 4" day of June, A. D. 1891.

N. F. Overturf

Probate Judge

Waiver Filed June 4/91

We, the undersigned next of kin of the within named decedent,

hereby waive further notice, and consent to the probate of said Will.

Dated this 1st day of June A. D. 1891.

Harriet A. Davis

Calvin W. Dickerman

S. T. Dickerman

Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court T. H. An=

drus D. B. Jayes and George Cleveland the subscribing witnesses

to the last Will and Testament of Benonie Dickerman late of

Berlin Township in said Delaware County, deceased; who being and

duly sworn according to law, to speak the truth, the whole truth,

nothing but the truth in relation to the execution of said Will,
Delaware County Ohio Will Records Vol. 9 1890-1893 (241)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (241)

Description

[page 241]

[corresponds to page 212 of Delaware County Ohio Will Records Vol. 9 1890-93]

212

Benonie Dickerman's Will

depose and say: That the paper before them bearing date the 19 day of

May, A. D. 1891 purporting to be the last Will and Testament of Benonie

Dickerman now deceased, is the Will of said deceased Benonie Dickerman

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 Benonie Dickerman deceased

sign and seal said Will, and heard him acknowledge the same to be his last

Will and Testament and that the said Benonie Dickerman at the

time of making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint

F. H. Andrus

D. B. Jaynes

George Cleveland

Sworn to and subscribed by said witnesses, in open Court, this 4" day of

June, A. D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 4th 1891 }

In the Matter of the Will of }

Benonie Dickerman, deceased } This day, an instrument of writing,

purporting to be the last Will and Tes=

tament of Benonie Dickerman, late of Berlin Township in this

County, deceased, was produced in open Court for Probate. On consider=

ation whereof, it is ordered that the said Will be filed in this Court

and thereupon came Harriet A. Davis, Calvin W. Dickerman and

S. T. Dickerman only next of kin of said Testator resident of the State

of Ohio, and in writing waived Notice and consented to the probate of said

Will and thereupon came F. H. Andrus - D. B. Jaynes and George

Cleveland 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 respectivley subscribed, and filed with

said Will whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said Benonie Dicker=

man deceased. That the same was duly executed and attested, and

that the said, Testator, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory and not under

any restraint 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 us well as the proceedings had thereon,

be entered of record in this Court.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (242)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (242)

Description

[page 242]

[corresponds to page 213 of Delaware County Ohio Will Records Vol. 9 1890-93]

213

Benonie Dickerman's Will

Will

I, Benonie Dickerman of Berlin Township Delaware County State of

Ohio, By occupation a farmer, make this my last Will and Testatment.

I give and devise and bequeath my estate and property real and person=

al as follows: that is to say (this being my last will and testament)

I give and bequeath to my son Edward Payson the ownership of my

Literary works The Blood Stained Cross - The Pre-Incarnate

Messiah and other poems to hold or dispose of at pleasure.

I give and bequeath to my daughter Harriet Alma the land in which

she now resides being a part of lot No. 4 in Berlin Township beginning

at the south east corner of my farm on the line of Berlin and Bershire

Township being in length one hundred and thirty eight (138) rods and

in width twenty one (21) rods. But this is to cover any and every

claim she may hold against the estate of my sister Lotia Dickerman

I give and bequeath to my son Sterlin Truman the land on which

he now lives lying on the line of Berlin and Berkshire Township being

the north, east corner of my farm adjoining the land of Joseph Irwin

and lying paralel with the land of Harriet Alma this is to include

his share of Lotia Dickerman portion or one fifth the original undi=

vided share of my fathers land. I having bought three shares, This

land is in length one Hundred and twenty - rods in width thirthy four

rods containing twenty six (26) acres more or less. This bequest is on

condition that she said Sterling Truman discharge his in debt=

ness to me and release me of my joint obligation with him: a failure

on his part to discharge these obligations will limit him to Eighty

two rods in length and thirty four rods in width being the east

end of the lot now occupied by him.

I give and bequeath to my daughter Viola Eva the sum of One

thousand dollars to be paid by Calvin W. Dickerman as here after

provided. This to include her share of Lotia Dickerman's one fifth

share in the undivided farm of 194 acres.

I bequeath and give to my sone Calvin W. Dickerman the ballance

of the farm containing about one hundred and forty eight acres more or less

on the following conditions. That he pay my just debts that remain at my

decease. That he pay to my son Edward Payson the sum of One

hundred dollars that he pay my daughter Viola Eva the sum of one

thousand dollars in equal annual payments worth 6 per percent inerest

the last payment to be made within eight years after my decease. The

sums even one hundred dollars to be paid to each Edward Payson

and Harriet Alma to be paid within five years after my decease.

I constitute and appoint the said Calvin W. Dickerman my son the

Executor of this my last will and testament. In witness where of I the

said Benonie Dickerman have hereunto set my hand and seal this tenth day of

May in the year eighteen hundred and ninety one.

Bennie Dickerman {Seal}

Then and there signed sealed published and declared by the said Bennie Dickerman as

and for his last will and testament in presence of us who at this request in his presence and

in presence of each other have hereto subscribed our names as witnesses.

F. H. Andrus

D. B. Jayes

George Cleveland
Delaware County Ohio Will Records Vol. 9 1890-1893 (243)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (243)

Description

[page 243]

[corresponds to page 214 of Delaware County Ohio Will Records Vol. 9 1890-93]

214

William Blair's Will

4906 Journal Entry

June 2nd 1891

In the Matter of the Will }

of William Blair deceased } This day an instrument of writing, purporting

to be the last Will and Testament of Wil=

liam Blair, late of Brown Township in this County, deceased, was pro=

duced in open Court for Probate: On consideration where of it is 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 to

Harry Blair next of kin of the Testator, resident of the State of Ohio,

(I Natilda Blair, widow, and Frank Blair other next of kin having in

writing waived Notice, and consented to the probate of said Will) that

said application will be for hearing before this Court on the 9th day of June

A. D. 1891 at 10 o'clock A.M.

N. F. Overturf

Probate Judge

Application for Probate of Will Filed June 2/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of William } Application to Admit to Probate

Blair - deceased -- }

To the Hon. N. F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioners respectfully represent that

William Blair late a resident of the Township of Brown in said Coun=

ty - died on or about the 27" day of April, A. D. 1891 leaving an instru=

ment in writing, hereto attached, purporting to be his last Will and Tes=

tament. That the said William Blair died leaving Matilda Blair

his widow and the following named persons his only next of kin resident

of the State of Ohio:

Name Degree of Kinship P.O. Address

Frank Blair Son Leonardsburg

Harry Blair Son " "

Your petitioners pray that a time may be fixed for the proving of

said Will and that said above named persons may be notified ac=

cording to law of the pending of said proceedings

Matilda Blair

Frank Blair

The foregoing application was signed in my presence and sworn to

before me, this 2nd day of June, A. D. 1891

{Seal} N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (244)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (244)

Description

[page 244]

[corresponds to page 215 of Delaware County Ohio Will Records Vol. 9 1890-93]

215

William Blair's Will

Waiver

We the undersigned widow and one of the next of kin of the within named

decedent, hereby waive further notice, and consent to the probate of said

Will.

Dated this 2'd day of June A.D. 1891

Matilda Blair

Frank Blair

Notice

The State of Ohio }

Delaware County ss } In Probate Court

In the Matter of the last Will and Testament

of William Blair - deceased.

To Matilda Blair:

You are hereby commanded to notify

Harry Blair that on the 2'd day of June A.D. 1891 an instrument

of writing purporting to be the last Will and Testament of William

Blair late of Brown Township in said County, deceased, was pro-

duced in said Court and an application to admit the same to Probate

was on the same day made in said Court. Said application will

be for hearing before this Court on the 9th day of June A.D. 1891

at 10 o'clock A.M.

Witness my hand and the seal of said Probate Court

at Delaware Ohio this 2'd day of June A.D. 1891

N. F. Overturf

{Seal} Probate Judge

Proof of Service Filed June 9/91

The State of Ohio }

Delaware County ss } Matilda Blair being duly sworn says that on

the 9" day of June A.D. 1891 he served the

within notice by delivering a true copy thereof to the within named Har-

ry Blair.

Matilda Blair

Subscribed in my presence and sworn to before me this 9" day of June

A.D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed June 9/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry R.

Smith and Foster W. Jewell the subscribing witnesses to the last

Will and testament of William Blair late of Brown Township

in said Delaware County deceased, who being duly sworn according to
Delaware County Ohio Will Records Vol. 9 1890-1893 (245)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (245)

Description

[page 245]

[corresponds to page 216 of Delaware County Ohio Will Records Vol. 9 1890-93]

216

William Blair's Will

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 bearing date the 27" day of March A.D. 1891, purporting to

be the last Will and Testament of William Blair now deceased is

the Will of said deceased William Blair 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 Blair deceased sign and seal said Will and heard

him acknowledge the same to be his last Will and Testament and that

the said William Blair at the time of making, signing and sealing said

Will was of full age of sound mind and memory, and not under any

restraint.

Henry R. Smith

Foster W. Jewell

Sworn to and subscribed by said witnesses in open Court this 9" day

of June A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 9th 1891

In the Matter of the Will of }

Wiliam Blair - deceased } Be it remembered that heretofore to wit:

on the 2'd day of June A.D. 1891 an in-

strument of writing purporting to be the last Will and Testament of Wil-

liam Blair 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 Harry Blair one of the next of kin of the Testator, resident of

the State of Ohio, pursuant to a former order of this Court (Matilda Blair

the widow and Frank BLair, the other next of kin resident of the State of

Ohio, having waived Notice), therefore on this day came Henry R. Smith

and Foster W. Jewell the subscribing witnesses to said Will, who being du-

ly sworn, testified to the due execution and attestation of said Will which tes-

timony was reduced to writing, by them respectively subsccribed, and filed with

said Will, whereupon the Court finds that the aforesaid instrument of

writing is the last Will and Testament of said William Blair deceased

That the same was duly executed and attested and that the said Testator

at the time of making, signing and sealing said Will was of full age of sound

mind and memory and not under any restraint. It is therefore by the Court

ordered, that the said Will be admitted to probate and that the same to-

gether with the testimony of the witnesses above named as well as the Pro-

ceedings had thereon, be entered of record in this Court.

Citation ordered and issued to Matilda Blair widow of said decedent to elect as

to said Will, as is required by law. And thereupon came said Matilda

Blair, widow and acknowledged service of said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (246)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (246)

Description

[page 246]

[corresponds to page 217 of Delaware County Ohio Will Records Vol. 9 1890-93]

217

William Blair's Will

Will

Know all men by these Presents that I, William Blair of Leon-

ardsburg in the County of Delaware, and State of Ohio (merchant) being

in ill health and of sound and disposing mind and memmory do make

and publish this my last Will and testament thereby revoking all former

wills by me made at any time heretofore.

And as to my worldly estate and all the property, real, personal, or mixed,

of which I shall die seized and possessed or to which I shall be entitled at

the time of my decease, I devise, bequeath and dispose thereof in the manner

following, to wit:

I give devise and bequeath to my beloved wife Matilda Blair after all

just debts and funeral expenses are paid - all the rest of my property

both personal and real to have and to hold the same as follows -

1st I give to her the use improvement and income of my dwelling

house and land pertaining thereto, to the amount of ninety five acres

lying North of the road, known as the homestead, to have and to hold

the same to her for and during the term of her natural life

2'd I give and bequeath to her the tract of land south of the road

and adjoining the village of Leonardsburg or Eden Station containing

six and three fourths acres, and six laid off town lots with power to

sell the lots and to lay off and sell other lots from the unlaid off

portion or to dispose of the entire six and three fourths acres if she

considers it wise so to do. The proceeds to form a part of the estate and

to be hereinafter provided for.

3rd I give to her all my household goods and furniture farming

implements of all kinds and stock including horses, cattle, sheep, hogs

etc to be used controlled and sold by her, as occasion may demand

just as owned controlled and sold by myself

4) I further devise and bequeath that the death of my wife

Matilda Blair, that the homestead including the house and ninety five

acres north of the road shall go to my son Harry Blair his heirs and as-

signs forever. He to pay to his brother Frank Blair the sum of One

thousand dollars.

5 I further devise and bequeath That in addition to what he has

already received $1012.50 my son Frank Blair shall receive one thous-

and dollars to be paid him by Harry Blair when he comes into

possession of the above named homestead. He shall further be entitled

to one third share of the proceeds from the sale of the house, and lots,

and six and three fourths acres of land lying south of the road as before

described. It is further my wish that if my wife Matilda Blair

and my son Harry Blair see fit to meet the claims of my son

Frank Blair before the event of the death of Matilda Blair they

can have this option and satisfy him in full of all claims against

my estate either in payment of money in part and in lot or lots

south of road as they may mutually agree.

And lastly I do nominate and appiont my wife Matilda Blair

and my son Frank Blair to be executors of this my last will and

testament to serve without bond.

In testimony whereof I the said William Blair have to this
Delaware County Ohio Will Records Vol. 9 1890-1893 (247)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (247)

Description

[page 247]

[corresponds to page 218 of Delaware County Ohio Will Records Vol. 9 1890-93]

218

William Blair's Will

my last will and testament contained on the above sheeet of paper subscribe

my name and affix my seal this twenty seventh day of March in the year

of our Lord one thousand eight hundred and ninety one (1891)

William Blair {Seal}

Signed, sealed, published and declared by the said William Blair as

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

the said William Blair and in his presence and in the presence of

each other have hereunto subscribed our names as witnesses

Henry R. Smith

Foster W. Jewell
Delaware County Ohio Will Records Vol. 9 1890-1893 (248)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (248)

Description

[page 248]

[corresponds to page 219 of Delaware County Ohio Will Records Vol. 9 1890-93]

219

Thomas Love's Will

Journal Entry

June 4" 1891

In the Matter of the Will }

of Thomas Love - deceased } This day an instrument of writing purport-

ing to be the last Will and Testament

of Thomas Love, late of Thompson Township in this County, deceased,

was produced in open Court for Probate: on consideration whereof it is

ordered that the said Will be filed in this Court and that due no-

tice thereof and of the application to admit the same to provate and rec-

ord be given to Herchel Smith Love and Zoa Love Hite next of kin

of the Testator, resident of the State of Ohio, that said application

will be for hearing before this Court on the 10th day of June A.D>

1891, at 11 o'clock A.M. (Florence E. Love widow of said Testator

having in writing waived Notice and consented to the probate of said

Will)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed June 4/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the last Will }

and Testament of Thomas } Application to Admit to Probate

Love - deceased }

To the Hon. N. F. Overturf Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Thomas Love late a resident of the Township of Thompson in

said County, died on or about the 29" day of April A.D. 1891, leaving an

instrument in writing hereto attached, purporting to be his last Will

and Testament. That the said Thomas Love died leaving Florence

Eugene Love widow and the following named persons his only next of kin

resident of the State of Ohio:

Name Age of Degree of Kinship P. O. Address

Minor

Herchel Smith Love 10 Son Richwood O

Zoa Love Hite 20 Daughter Richwood O

Your petitioner prays that a time may be fixed for the proving of said

Will and that said above named persons may be notified according

to law of the pending of said proceedings.

Florence E. Love

The foregoing application was signed in my presence and sworn to

before me this 4 day of June A.D 1891.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (249)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (249)

Description

[page 249]

[corresponds to page 220 of Delaware County Ohio Will Records Vol. 9 1890-93]

220

Thomas Love's Will

Waiver


I, the undersigned widow of the within named decedent, hereby waive

further notice, and consent to the probate of said Will.

Dated this 4 day of June. A.D. 1891.

Florence E. Love.


Notice


The State of Ohio } In Probate Court

Delaware County.ss.}

In the matter of the last Will and Testament of

Thomas Love deceased.

To Florence Eugene Love:

You are hereby commanded to notify Her:

chel Smith Love and Zoa Love Hite that on the 4 day of June

A.D. 1891, an instrument of writing purporting to be the last Will and

Testament of Thomas Love late of Thompson Township, in said Coun:

ty, deceased, was produced in said Court, and an application to admit the

same to probate was on the same day made in said Court. Said

application will be for hearing before this Court on the 10" day of June

A.D. 1891. at 11 o'clock A.M.

Witness my hand and the seal of said Probate

Court, at Delaware, Ohio, this 4 day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed June 10/91

The State of Ohio } In Probate Court

Delaware County.ss.}

Personally appeared in open Court S.S.

Gardner and N.P. Westheimer the subscribing witnesses to the

last Will and Testament of Thomas Love late of Thompson Town:

ship in said Delaware County, 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:
Delaware County Ohio Will Records Vol. 9 1890-1893 (250)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (250)

Description

[page 250]

[corresponds to page 221 of Delaware County Ohio Will Records Vol. 9 1890-93]

221

Thomas Love's Will

That the paper before them bearing date the 19" day of January

A.D. 1883, purporting to be the last Will and Testament of

Thomas Love now deceased, is the Will of said deceased Thomas

Love 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 Thomas

Love deceased sign and seal said Will, and heard him acknowl:

edge the same to be his last will and Testament, and that the

said Thomas Love at the time of making; signing and sealing said

Will, was of full age, of sound mind and memory, and not under any

restraint.

S.D. Gardner

N.P. Westheimer

Sworn to and subscribed by said witnesses, in open Court, this

10" day of June A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

June 10" 1891. }

In the Matter of the Will }

of Thomas Love, deceased~.} Be it remembered, that heretofore, to-

wit: on the 4 day of June A.D.

1891. an instrument of writing, purporting to be the last Will and Tes:

tament of Thomas Love late of Thompson 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 no:

tice 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 Herchel Smith

Love and Zoa Love Hite next of kin of the Testator, resident of the

State of Ohio, pursuant to a former order of this Court. (Florence E.

Love, widow, having waived Notice); therefore, on this day came S.S.

Gardner and N.P. Westheimer 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 sub:

scribed, and filed with said Will, whereupon the Court finds that the

aforesaid instrument of writing is the last Will and Testament of said

Thomas Love, deceased. That the same was duly executed and attested,

and that the said Testator, at the time of making, signing and sealing

said Will, was of full age, of sound mind and memory, and not under

any restraint. It is therefore, by the Court ordered. that the said

Will be admitted to probate, and that the same, together with the tes:

timony of the witnesses above named, as well as the proceedings had thereon

be entered of record in this Court.

Citation ordered and issued to Florence Eugen Love widow of said decedent

to elect as to said Will as required by law and thereupon came the said

Widow and in writing acknowledged service of said Citation

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (251)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (251)

Description


[page 251]

[corresponds to page 222 of Delaware County Ohio Will Records Vol. 9 1890-93]

222

Thomas Love's Will

In the Name of The Benevolent Father of All~ I Thomas Love

of Thompson Township Delaware County, Ohio. do make and publish

this my last Will and Testament as follows:

Item 1st

It is my will and desire that all my just debts and funeral expenses be

fully paid as soon after my death as may be found convenient.

Item 2d

I do give and bequeath to my son Herchel Smith Love the sum of one

thousand dollars ($1000.00) to be paid to him by my executor when he attains

the age of twent one years.

Item 3d

I do give and bequeath to my adopted daughter Zoa Love the sum of

one Hundred dollars ($100.00) to be paid to her as soon after my decease as

may be convenient.

Item 4th

I do give devise, and Bequeath to my Beloved wife Florence Eugene Love

all the residue of my estate, both Real and personal including all mon:

ies - notes & choses in action that I may own at the time of my decease-

also the farm whereon I now reside consisting of about Ninety acres in

Thompson Tp. Delaware County, Ohio, also the three and 1/4 acre Lot

I now own situated in the Incorporated Village of Richwood on the

East side of the Richwood and Essex Pike as may be seen upon

the map of said Village ~ & opposite and now occupied by Susan Swartz

in Claibourne Tp. Union County, Ohio.

To have and to hold the above mentioned Lands, and all the appurte:

nances thereto belonging to the said Florence Eugene Love her

heirs and assigns for ever.

Item 5th

I do hereby nominate and appoint my wife above name Guardian

of my son H. Smith Love and also Executor of this my last

will and Testament giving her full power and authority in the prem:

ises

In testimony whereof I have hereunto set my hand and seal this 19th

day of January A.D. 1883.

Thomas Love {Seal}

Signed, sealed and acknowledged by the said Thomas Love as and

for his last will and Testament in our presence and signed by us

in his presence the day & year above written

S.S. Gardner

N.P. Westheimer.
Delaware County Ohio Will Records Vol. 9 1890-1893 (252)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (252)

Description

[page 252]

[corresponds to page 223 of Delaware County Ohio Will Records Vol. 9 1890-93]

223

Jacob Myers Will

Journal Entry

May 23d 1891.

In the Matter of the Will of }

Jacob Myers- deceased } This day an instrument of writing, pur:

porting to be the last Will and Testament

of Jacob Myers, late of Delaware Township, in this County, deceased,

was produced in open Court for Probate; on consideration whereof, it

is 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 Catharine Myers- widow, and Elizabeth Arehart-

Cynthia Mokk Wm Russell Myers- Sherman Myers- Diantha

Talley- Alice Miller- Dora Richey- Charley Yarger- Walter

Yarger- Edith Yarger- Orpha Yarger next of kin of the Testa:

tor, resident of the State of Ohio, that said application will be for

hearing before this Court on the 10th day of June. A.D. 1891. at 2

o'clock P.M.

N.F. Overturf
Probate Judge.


Application for Probate of Will Filed May 23/91


The State of Ohio } In Probate Court

Delaware County,ss.}


In the Matter of the last }

Will and Testament of } Application to Admit To Probate

Jacob Myers, deceased }

To the Hon. N.F. Overturf, Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Jacob Myers late a resident of the Township of Delaware in said

County, died in or about the 12" day of May. A.D. 1891 leaving an

instrument in writing, hereto attached, purporting to be his last Will

and Testament: That the said Jacob Myers died leaving Catharine

Myers-widow- and the following named persons his next of kin

resident of the State of Ohio


Name Age Degree of Kinship P.O. Address
of
Minor
Elizabeth Arehart Daughter Delaware O

Cynthia Mokk " Bellville O

Wm Russell Myers Son Alliance O

Sherman Myers " Lexington O

Diantha Talley Daughter Kilbourne O

Alice Miller " Marion O

Dora Richey Grand daughter Fredericktown O

Charley Yarger (Childern " Son Lexington O

Walter Yarger of " " " "

Edith Yarger Mary " Daughter " "
Myers
Orpha Yarger Yarger) " " " "

Delaware County Ohio Will Records Vol. 9 1890-1893 (253)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (253)

Description

[page 253]

[corresponds to page 224 of Delaware County Ohio Will Records Vol. 9 1890-93]

224

Jacob Myers Will

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according to

law of the pending of said proceedings.

David Arehart

The foregoing application was signed in my presence and sworn to before

me, this 23 day of May A.D. 1891

N.F. Overturf

Probate Judge.


Notice

The State of Ohio } In Probate Court.

Delaware County.ss}

In the matter of the last Will and Testament of

Jacob Myers, deceased.

To David Arehart:

You are hereby commanded to notify

Catharine Myers- Elizabeth Arehart- Cynthia Mokk- Wm Russell

Myers- Sherman Myers- Diantha Talley- Alice Miller- Dora

Richey- Charles Yarger- Walter Yarger- Edith Yarger and Orpha

Yarger and also William Yarger, the father of Mary Yarger's child:

ren, that on the 23 day of May. A.D. 1891, an instrument of writing

purporting to be the last Will and Testament of Jacob Myers

late of Delaware Township, in said County, deceased, was produced

in said Court, and an application to admit the same to probate was

on the same day made in said Court. Said application will be

for hearing before this Court on the 10" day of June. A.D. 1891. at 2

o'clock P.M.

Witness my hand and the seal of said Probate Court, at

Delaware, Ohio, this 23 day of May. A.D. 1891.

N.F. Overturf

{Seal} Probate


Proof of Service Filed June 10/91

The State of Ohio }

Delaware. ss. } David Arehart being duly sworn, says that

he served the within notice by delivering a true copy thereof to the with-

in named Catharine Myers- Elizabeth Arehart: Cynthia Mokkk-

Wm Russell Myers- Sherman Myers- Diantha Talley- Alice

Miller- Dora Richey- Charles Yarger- Walter Yarger- Edith

Yarger and orpha Yarger- and also William Yarger the father of Mary

Yarger's children

David Arehart.

Subscribed in my presence and sworn to before me this 10" day of

June. A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (254)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (254)

Description

[page 254]

[corresponds to page 225 of Delaware County Ohio Will Records Vol. 9 1890-93]

225

Jacob Myer's Will

Probate of Will Filed June 10/91


The State of Ohio } In Probate Court

Delaware County ss)

Personally appeared in open Court Levi M. Ly:

dy and Minerva Slack the subscribing witnesses to the last Will and

Testament of Jacob Myers late of Delaware Township in said

Delaware 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 execution of said Will, depose and say That the pa:

per before them bearing date the 5" day of May. A.D. 1891, purport:

ing to be the last Will and Testament of Jacob Myers now de:

ceased, is the Will of said deceased Jacob Myers, 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 wit=

nesses, in his presence: that they saw the said Jacob Myers

deceased sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

Jacob Myers at the time of making, signing and sealing said

Will, was of full age of sound mind and memory, and not under

any restraint.

Levi M. Lydy

Minerva Slack.

Sworn to and subscribed by said witnesses, in open Court, this

10" day of June. A.D. 1891.

N.F. Overturf

Probate Judge


Journal Entry

June 10" 1891.

In the Matter of the Will }

of Jacob Myers- deceased. } Be it remembered, that heretofore

to wit: on the 23rd day of May. A.D.

1891 an instrument of writing, purporting to be the last Will and Tes:

tament of Jacob Myers, 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 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

Catharine Myers, widow, and Elizabeth Arehart- Cynthia Mokk

William Russell Myers- Sherman Myers- Diantha Talley-

Alice Miller Dora Richey Charles Yarger- Walter Yarger-

Edith Yarger and Orpha Yarger and also William Yarger the

father of Mary Yarger's children. next of kin of the Testator, resident

of the State of Ohio, pursuant to a former order of this Court;

therefore, on this day came Levi M. Lydy and Minerva Slack

the subscribing witnesses to said Will, who being duly sworn, testi:

fied to the due execution and attestation of said Will, which tes:

timony was reduced to writing, by them respectively subscribed, and
Delaware County Ohio Will Records Vol. 9 1890-1893 (255)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (255)

Description

[page 255]

[corresponds to page 226 of Delaware County Ohio Will Records Vol. 9 1890-93]


226
Jacob Myer's Will

filed with said Will, whereupon the Court finds that the aforesaid

instrument of writing is the last Will and Testament of said Jacob

Myers, deceased. That the same was duly executed and attested; and

that the said Testator, at the time of making, signing and sealing said

Will, was of full age, of sound mind and memory, and not under any

restraint. 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, as well as the proceedings had thereon, be entered

of record in this Court.

Citation ordered and issued to Catharine Myers, widow of said dece:

dent to elect as to said Will, as required by law and thereupon same

the said Widow and in writing acknowledged service for said Citation.

N.F. Overturf

Probate Judge



Will

Last Will of Jacob Myers

{County of Delaware, and State of Ohio ss}

In the name of the Father of all, I, Jacob Myers, being of sound

mind and in the right use of my mental faculties, do herein make

my last Will and Testament.

It is my will that all my debts now unpaid, together with

funeral and other incidental expenses, and expenses of administra:

tion be paid out of moneys collected from the sale of sufficient amount

of my personal or chattel property to meet the same, and excepting

the moneys in payment of the above mentioned debts I do hereby devise

and give to my beloved wife Catharine Myers, all my moneys and

property both real and personal to have and to hold, together with the

income of the same during her natural life, after which it is my

will that said property shall be equally divided among my children

viz, to Cynthia Mock- Diantha T Galley- Wm. Russell Myers-

Sherman Myers, Alice Miller, and Elizabeth Arehart, each one

Seventh of the whole and to the heirs of Mary Yarger decd, one sev:

enth. I further appoint David Arehart Executor of this my

last Will and Testament. Done this 5th day of May. A.D. 1891.

{Levi M Lydy Jacob Myers.

Attest {Minerva Slack.
Delaware County Ohio Will Records Vol. 9 1890-1893 (256)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (256)

Description

[page 256]

[corresponds to page 227 of Delaware County Ohio Will Records Vol. 9 1890-93]

227
James W. Noble's Will

Journal Entry

June 4th 1891

In the Matter of the Will }

of James W. Noble-deceased} This day an instrument of writing, pur:

porting to be the last Will and Testament

of James W. Noble, late of Thompson Township, in this County

deceased, was produced in open Court for Probate; on consideration

whereof, it is ordered that the said Will be filed in this Court, and

that due notice thereof, and of the applicatiion to admit the same to pro:

bate and record, be given to Matilda Noble, widow, and William N.

Noble- Lydia D. Noble- Flora B. Noble- and George L. Noble (Reuben

S. Noble having in writing waived Notice and consented to the probate

of said Will) next of kin of the Testator, resident of the State of Ohio,

that said application will be for hearing before this Court on the 9th

day of June. A.D. 1891. at 9 o'clock A.M.

N.F. Overturf

Probate Judge.


Application for Probate of Will Filed June 4/91


The State of Ohio } In Probate Court

Delaware County ss}


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

Jas. W Noble. deceased }

To the Hon N.F. Overturf- Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents

that Jas. W. Noble late a resident of the Township of Thomp:

son in said county, died on or about the 17" day of May. A.D. 1891.

leaving an instrument in writing, hereto attached, purporting to be

his last Will and Testament: That the said Jas. W. Noble

died leaving Matilda Noble widow and the following named persons

his only next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P.O. Address

Reuben S. Noble 25 Son Prospect O

William N. Noble 13 " " "

Lydia D. Noble 19 Daughter " "

Flora B. Noble 14 " " "

George L. Noble 12 Son " "

Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

cording to law of the pending of said proceedings

Alfred F. Wottring

The foregoing application was signed in my presence and sworn to

before me, this 4 day of June. A.D. 1891

N.F. Overturf Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (257)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (257)

Description

[page 257]

[corresponds to page 228 of Delaware County Ohio Will Records Vol. 9 1890-93]


228
James W. Noble's Eill

Waiver

We, the undersigned next of kin of the within named decedent, hereby waive

further notice, and consent to the probate of said Will

Dated this 4 day of June A.D. 1891.

Reuben S. Noble.


Notice

The State of Ohio } In Probate Court

Delaware County ss.}

In the matter of the last Will and Testament of

Jas. W. Noble, deceased.

To Alfred F. Wottring:

You are hereby commanded to notify

Matilda Noble- William N. Noble- Lydia D. Noble- Flora B.

Noble- and George L. Noble that on the 4 day of June. A.D. 1891,

an instrument of writing purporting to be the last Will and Testament

of Jas. W. Noble late of Thompson Township, in said County, deceased

was produced in said Court, and an application to admit the same to pro:

bate was on the same day made in said Court. Said application

will be for hearing before this Court on the 9" day of June. A.D. 1891.

at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware, Ohio, this 4 day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge.


Proof of Service Filed June 9/91

The State of Ohio }

Delaware County.ss} Alfred F. Wottrig being duly sworn, says

that on the 4 day of June. A.D. 1891. he served

the within notice by delivering a true copy thereof to the within named

Matilda Noble- William N Noble- Lydia D. Noble- Flora

B. Noble and George L. Noble.

Alfred F. Wottring

Subscribed in my presence and sworn to before me this 9" day of June.

A.D. 1891.

N.F. Overturf

Probate Judge.


Probate of Will Filed June 9/91


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court Frank

M. Cook the subscribing witness to the last Will and Testament

of Jas. W. Noble late of Thompson Township in said Delaware

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

execution of said Will, deposes and says: That the paper before
Delaware County Ohio Will Records Vol. 9 1890-1893 (258)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (258)

Description

[page 258]

[corresponds to page 229 of Delaware County Ohio Will Records Vol. 9 1890-93]


229
James W. Noble's Will

him bearing date the 25 day of March. A.D. 1890, purporting to be the

last Will and Testament of Jas. W. Noble now deceased, is the

Will of said deceased Jas. W. Noble that he was present at the

execution of said Will, and at the request of the Testator, respectively

subscribed his name to the same as a witness, in his presence; that

he saw the said Jas. W. Noble deceased sign and seal said Will,

and heard him acknowledge the same to be his last Will and Tes:

tament, and that the said Jas. W. Noble at the time of making,

signing and sealing said Will, was of full age, of sound mind and

memory, and not under any restraint.

Frank M. Cook.

Sworn to and subscribed by said witness, in open Court this 9 day of

June A.D. 1891.

N.F. Overturf

Probate Judge.



Journal Entry

June 9th 1891.

In the Matter of the Will }

of James W. Noble-deceased. } Be it remembered, that heretofore,

to-wit: on the 4th day of June A.

D. 1891, an instrument of writing, purporting to be the last Will

and Testament of James W. Noble, late of Thompson 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 ap:

plication to admit the same to probate and record in this Court,

has been given to Matilda Noble- widow and William N. Noble

Lydia D. Noble- Flora B. Noble- and George L. Noble (Reuben

S. Noble having waived Notice) next of kin of the Testator, resident

of the State of Ohio pursuant to a former of this Court; therefore,

on this day came Frank M. Cook one of 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 him subscribed, and filed with said Will.

And it appearing to the Court, that Henry Hain, the other sub:

scribing witness to said Will is a resident of Marion County.

Ohio, and is without the jurisdiction of this Court, it is therefore

ordered that a commission with the Will annexed, issue herein

to J.W. Statler, of Marion County, Ohio, directing him to

take the deposition of said subscribing witness- and return the same

duly certified, with all convenient speed, to this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (259)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (259)

Description

[page 259]

[corresponds to page 230 of Delaware County Ohio Will Records Vol. 9 1890-93]

230
James W. Nobles Will

Commission Refs & filed June 11/91

To take Testimony of Witness to Will


The State of Ohio }

Delaware County.ss } To J.W. Statler of Marion County O. Greeting:


Know Ye. That we in confidence of your prudence and fidelity, have appoint:

ed you and by these presents do give you full power and authority to exam:

ine and take the deposition of Henry Hain subscribing witness, to the

last Will and Testament of Jas. W. Noble hereto annexed, late of the

County of Delaware, in the State of Ohio, deceased, and therefore we com:

mand you, that at certain days and places appointed by you, you cause the

said Henry Hain to be brought before you and then and there to exam:

ine him on oath on affirmation first taken before you, touching the

due execution of said Will of the said Jas. W. Noble and that you

reduce such examination to writing and return the same, together with

this Commission and the Will of the said Jas. W. Noble, thereto

annexed, closed up under your seal, into our said Probate Court, with

all convenient speed.

In Testimony Whereof, I, N.F. Overturf,

Judge of the said Court, have hereunto set my hand and affixed

the seal of said Court, at Delaware, O. this 9" day of June. A.

D. 1891.

{Seal} N.F. Overturf

Probate Judge.


Will

In the name of the Benevolent Father of All, I James W.

Noble of Thompson Township in the County of Delaware and State

of Ohio, being of lawful age and sound mind do publish this as

my last Will and Testament.

Item 1st

I wish and desire that all my honest debts shall be paid.

Item 2d

I wish and desire that a suitable monument be put up in the

center of my Lot in Prospect cemetery, in the County of Marion Ohio

to cost about Three Hundred Dollars, on which said monument I

wish the Name of George Noble and also the Square and compass,

and the letter G engraved. And said monument is so to be pu up

as the Masonic Emblems, to-wit the Compass and Square, are to

indicate as near as may be where George Noble is buried.

Item 4d

It is my wish and desire that my name and also three []

the Odd Fellow Emblems, be engraved on said monument, at

such place on the same, as to indicate where I am may be burred.

Item 4th

I give and bequeath to my beloved wife Matilda Noble all of

my personal property of whatever nature or kind, she paying my

honest debts; and paying for said monument above mentioned.

Item 5th

In order to the better enable my said beloved wife Matilda No:

ble, to pay my debts and also pay said monument, I give and

bequeath to her the entire use of my Real Estate during her wid:

owhood. Should she againt get married, in that case she is only
Delaware County Ohio Will Records Vol. 9 1890-1893 (260)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (260)

Description

[page 260]

[corresponds to page 231 of Delaware County Ohio Will Records Vol. 9 1890-93]

231

James W. Noble's Will

to have such portion of said Real Estate which the laws of Ohio

would prescribe to her. She keeping said Real Estate in good re:

pair and paying the taxes of the same.

Item 6th

I do hereby nominate Alfred F. Wottring Executor of this my

last Will and Testament

I do hereby revoke all former wills by me made.

In Testimony I hereunto set my hand

and seal this 25th day of March 1890.

James N. Noble. {Seal}

Signed and acknowledged by said James W. Noble as his last

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

Frank M. Cook

Henry Hain.


Deposition of Witness to Will Filed June 11/91


The State of Ohio } In the Matter of the last Will and Testament of

Marion County.ss } James W. Noble.

Personally appeared before me J.W. Statler Commissioner,

Henry Hain subscribing witness to the last Will and Testa:

ment of Jas. W. Noble, late of Thompson Township in said

Delaware County, deceased, who being by me first 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, deposes

and says: That he was present at the execution of the paper before

him bearing date the 25 day of March A.D. 1890. puprporting to

be the last Will and Testament of Jas. W. Noble now deceased)

whose name is signed at the end thereof, and at the request of said

deceased he subscribed his name to the same as witness in his

presence; that he saw the said Jas. W. Noble sign and seal said

Will and heard him acknowledge the same to be his last Will

and Testament, and that the said Jas. W. Noble at the time of

making, signing and sealing said Will, was of full age, of sound

mind and memory and not under any restraint.

Henry Hain


The State of Ohio }

Marion County.ss } I, J.W. Statler duly appointed and commis:

sioned by the Judge of the Probate Court,

of the County of Delaware and the State of Ohio, to take the

testimony of Henry Hain subscribing witness to the last Will

and Testament of: Jas. W. Noble deceased, late a resident

of said County and State, which Commission and the said Will

are hereto annexed do hereby certify that in pursuance of said Com:

mission I caused the above named Henry Hain subscribing wit:

ness as aforesaid to appear before me at Prospect O. on the 9th day of

June 1891, that he was first duly sworn by me, according to law

to speak the truth, the whole truth, and nothing but the truth;
Delaware County Ohio Will Records Vol. 9 1890-1893 (261)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (261)

Description

[page 261]

[corresponds to page 232 of Delaware County Ohio Will Records Vol. 9 1890-93]

232
James W. Noble's Will

that I examined him in relation to the execution of said Will, and re:

duced his testimony to writing as above set forth in his presence and that

he signed the same in my presence, and I further certify that I am not

Counsel Attorney or Relative of any of the parties named in said Will,

or otherwise interested in the Probate thereof.

In witness whereof I have hereunto set

my hand, this 9th day of June. A.D. 1891.

J.W. Statler

Commissioner



Journal Entry

June 11th 1891.

In the Matter of the Will of }

James W. Noble deceased~ } The commission heretofore issued

herein to take the testimony of Hen:

ry Hain, one of the subscribing witnesses to the Will of said James

W. Noble deceased, was this day returned duly exucuted, and the

same was filed herein; whereupon the Court finds from the examin:

ation of the former witness and from the deposition as taken that the

aforesaid instrument of writing is the last Will and Testament

of said James W. Noble, deceased. That the same was duly

executed and attested, and that the said Testator, at the time of

making, signing and sealing said Will, was of full age of sound

mind and memory, and not under any restraint. 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, as well as the proceedings had thereon, be entered of

record in this Court.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (262)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (262)

Description

[page 262]

[corresponds to page 233 of Delaware County Ohio Will Records Vol. 9 1890-93]

233

Andrew Lang's Will

Journal Entry

June 8" 1891

In the Matter of the Will of}

Andrew Lang - deceased } This day an instrument of writing, pur-

porting to be the last Will and Testament

of Andrew Lang, late of Delaware Township, in this County, deceased

was produced in open Court for Probate. On Consideration Whereof

it is 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 H. Lang and Clarence E. Lang next

of kin of the Testator, resident of the State of Ohio, that said appli-

cation will be for hearing before this Court on the 12" day of June

A.D. 1891, at 9 o'clock A.M. Susanna Lang widow and Anna

C. Lang, Catherine S. Lang and George F. Lang the other next

of kin of said Testator having in writing waived notice and consented

to the probate of said WIll.

N. F. Overturf

Probate Judge

Application for Probate of Will

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Andrew Lang - deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents

that Andrew Lang late a resident of the Township of Delaware

in said County, dec'd on or about the 4" day of June A.D. 1891, leav-

ing an instrument in writing, hereto attached, purporting to be his

last Will and Testament: that the said Andrew Lang died

leaving Susannah Lang, widow, and the following named persons

his only next of kin resident of the State of Ohio:

Name Age of Degree of Kinship P. O. Address

George F. Lang 25 Son Delaware O

Anna C. Lang 19 Daughter Delaware O

Catherine S. Lang 21 " Prospect O

William H. Lang 18 Son Norton O

Clarence E. Lang 15 " Delaware O

Your petitioner prays that a time may be fixed for the proving

of said Will and that said above named persons may be not-

ified according to law of the pending of said proceedings

James R. Lytle

The foregoing application was signed in my presence and sworn
Delaware County Ohio Will Records Vol. 9 1890-1893 (263)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (263)

Description

[page 263]

[corresponds to page 234 of Delaware County Ohio Will Records Vol. 9 1890-93]

234

Andrew Lang's Will

before me this 8" day of June A.D. 1891

N. F. Overturf

Probate Judge

Waiver

We the undersigned, widow & next of kin of the within named decedent

hereby waive further notice and consent to the probate of said Will

Dated this 8" day of June A.D. 1891

her

Susanna X Lang

mark

Anna C. Lang

Catherine S. Lang

George F. Lang

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testament

of Andrew Lang - deceased.

To James R. Lytle:

You are hereby commanded to notify

William H. Lang and Clarence E. Lang that on the 8" day of June

A.D. `89`, an instrument of writing purporting to be the last Will and

Testament of Andrew Lang late of Delaware Township, in said

County, deceased, was produced in said Court and an application to admit

the same to probate was on the same day made in said Court. Said ap-

plication will be for hearing before this Court on the 12 day of June

A.D. 1891 at 9 o'clock A.M.

Witness my hand and the seal of said Probate

Court at Delaware, Ohio, this 8" day of June A.D. 1891.

N. F. Overturf

Probate Judge

Proof of Service Filed June 8/91

The State of Ohio }

Delaware County ss } James R. Lytle, being duly sworn, says

that on the 8th day of June A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named William H. Lang and Clarrence E. Lang.

James R. Lytle

Subscribed in my presence and sworn to before me this 8th day of

June A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (264)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (264)

Description

[page 264]

[corresponds to page 235 of Delaware County Ohio Will Records Vol. 9 1890-93]

235

Andrew Lang's Will

Probate of Will Filed June 12/91

The State of Ohio } In Probate Court

Delaware County ss }

Personally appeared in open Court Henry H.

Beecher and David Grinton the subscribing witnesses to the last Will

and Testament of Andrew Lang late of Delaware Township, in said

Delaware 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 execution of said Will depose and say: That the

paper before them bearing date the 2 day of June A.D. 1891, pur-

porting to be the last Will and Testament of Andrew Lang now

deceased, is the Will of said deceased Andrew Lang, 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 wit-

nesses, in his presence: that they saw the said Andrew Lang de-

ceased sign and seal said Will and heard him acknowledge the

same to be his last Will and Testament, that the said Andrew

Lang at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any restraint.

Henry H. Beecher

David Grinton

Sworn to and subscribed by said witnesses in open Court this

12" day of June A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

June 12 1891

In the Matter of the Will }

of Andrew Lang - deceased } Be it remembered that heretofore, to wit:

on the 8" day of June A.D. 1891, an

instrument of writing purporting to be the last Will and Testament

of Andrew Lang, late of Delaware Township, in this County, de-

ceased, 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

William H. Lang and Clarence E. Lang next of kin of the Tes-

tator resident of the State of Ohio, pursuant to a former order of

this Court, (Susanna Lang, widow, and Anna E. Lang, Catherine

S. Lang and George F. Lang, the other next of kin having waived

Notice); therefore on this day came Henry H. Beecher and

David Trinton 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 is the last WIll and Tes-

tament of said Andrew Lang, deceased, That the same was duly
Delaware County Ohio Will Records Vol. 9 1890-1893 (265)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (265)

Description

[page 265]

[corresponds to page 236 of Delaware County Ohio Will Records Vol. 9 1890-93]

236

Andrew Lang's Will

executed and attested, and that the said Testator at the time of making

signing and sealing said Will was of full age, of sound mind and memo-

ry, and not under any restraint. 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 as well as the proceedings had

thereon be entered of record in this Court.

Citation ordered and issued to Susanna Lang, widow of said decedent to

elect as to said Will as is required by Law and thereupon came the

said Widow and acknowledged service of said Citation.

N. F. Overturf

Probate Judge

Will

In the name of The Benevolent Father of All, I, Andrew Lang

of Delaware County Ohio, do make and publish this my last

Will and Testament hereby revoking all other wills by me made

Item First,

It is my will that all my just debts and charges be first

paid.

Item Second

I give and devise to my beloved wife Susanna Lang in

Lieu of dower and homestead, the undivided one third part of all my prop-

erty both personal and real, during her natural life, subject to the pay-

ment of my debts and the Legacies hereinafter named.

Item Third

I give and devise to my son George F. Lang, The undivided

one one Third part of all my property, both personal and real subject

to the payment of my debts and the Legacies hereinafter named &

conditioned as hereinafter stated.

Item Fourth

I give and devise to my daughter Anna C. Lang, the

undivided one third part of all my property, both personal and real, sub-

ject to the payment of my debts and the Legacies hereinafter named

Item Fifth.

I give and devise to my daughter Catharine S. Lang The

sum of Two hundred Dollars to be paid to her when my youngest son

Clarence E. Lang shall become of age.

Item Sixth,

I give and devise to my son William H. Lang The sum

of Two Hundred Dollars to be paid to him when my youngest son

Clarence E. Lang shall become of age.

Item Seventh.

I give and devise to my son Clarence E. Lang The

sum of Two hundred Dollars to be paid to him when he becomes of

age. The Legacies to my daughter Catharine S and to my son

William H. and Clarence E. are not to bear interest until af-

ter my said son Clarence E. shall become Twenty one years of age

and in the event of the death of any or either of them before the
Delaware County Ohio Will Records Vol. 9 1890-1893 (266)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (266)

Description

[page 266]

[corresponds to page 237 of Delaware County Ohio Will Records Vol. 9 1890-93]

237

Andrew Lang's Estate

same are payable the survivor or survivors shall take their share, said

Legacies I desire shall remain a Lein upon my real estate until paid

Item Eighth -

At the decease of my wife, Susanna Lang, the said un-

divided one third of my property bequeathed to her in Item 2nd of

this will, during her natural life, I give and bequeath to my son

George F. Lang and my daughter Anna C. Lang and in the event

of the death of either of them prior to the death of my wife with-

out children the survivor shall take the whole

Item Ninth -

The portion of my estate herein bequeathed to my son,

George F. Lang is limited & conditioned as follows, he shall have

the income rents and profits during his natural life and at his death

the principal shall go to the heirs of his body but should he die with-

out issue then the principal shall go to my said daughter Anna

C. Lang.

I hereby appoint Henry L. Baker of Delaware Ohio Trustee

for my said son George F. Lang.

Item Tenth -

I hereby nominate and appoint James R. Lytle of

Delaware Ohio Executor of this my last will and testament

and I hereby authorize and empower my said Executor as soon as

he may deem it for the best interest of my estate to sell and dis-

pose of any or all of my real estate at public or private sale and

deeds to execute and deliver in fee simple and it is my will

and desire that my said Executor shall collect my life insurance

and pay to my wife Susanna Lang the one third part thereof

which I hereby give & bequeath to her during her natural life

and at her death to my son George F. & my daughter Anna C.

Lang and he shall pay one third to my son George Lang one

third to my daughter Anna C. Lang and I hereby give and be-

queath the same to them

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

2nd day of June, A.D. 1891

Andrew Lang {Seal}

{Seal}

Signed by Andrew Lang in our presence as his last Will

and testament and signed by us in his presence and at his spec-

ial instance and request

Henry H. Beecher

David Grinton
Delaware County Ohio Will Records Vol. 9 1890-1893 (267)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (267)

Description

[page 267]

[corresponds to page 238 of Delaware County Ohio Will Records Vol. 9 1890-93]

238

William M. Johnston's Will

Journal Entry

May 21st 1891

In the Matter of the Will }

of William M. Johnston, deceased } This day an instrument of writing purport-

ing to be the last Will and Testament of

William M. Johnston late of Delaware Township in this County, de-

ceased, was produced in open Court for Probate: On consideration whereof

it is 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 Frank A. Johnston - Anna J. Clark and Ida M. Ste-

vens next of kin of the Testator, resident of the State of Ohio, that said

application will be for hearing before this Court on the 27" day of May

A.D. 1891, at 1 o'clock P.M. Ann E. Johnston widow, having in

writing waived notice and consented to the probate of said Will

N. F. Overturf

Probate Judge

Application for Probate of Will Filed May 24/91

The State of Ohio } In Probate Court

Delaware County ss }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

William M. Johnston, deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County:

Your petitioner respectfully represents that

William M. Johnston late a resident of the Township of Delaware

in said County, decd on or about the 13" day of May A.D. 1891, leaving

an instrument in writing hereto attached purporting to be his last

Will and Testament: That the said William M. Johnston

died leaving Ann E. Johnston widow, and the following named

persons his only next of kin resident of the State of Ohio:

Name Degree of Kinship P. O. Address

Frank A. Johnston Son Stratford O

Anna J. Clark Daughter Pagetown O

Ida M. Stevens " Stratford O

Your petitioner prays that a time may be fixed for the proving

of said Will and that said above named persons may be notified

according to law of the pending of said proceedings.

Anna E. Johnston

The foregoing application was signed in my presence and sworn

to before me this 21" day of May A.D. 1891

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (268)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (268)

Description

[page 268]

[corresponds to page 239 of Delaware County Ohio Will Records Vol. 9 1890-93]

239

William M. Johnston's Will

Waiver

I the undersigned widow of the within named decedent, hereby waive

further notice, and consent to the probate of said WIll

Dated this 21" day of May A.D. 1891

Ann E. Johnston

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last WIll and Testa-

ment of William M. Johnston deceased.

To Ann E. Johnston:

You are hereby commanded

to notify Frank A. Johnston, Anna J. Clark and Ida M.

Stevens that on the 21" day of May A.D. 1891, an instrument of

writing, purporting to be the last Will and Testament of William

M. Johnston late of Delaware Township in said County de-

ceased, was produced in said Court and an application to admit

the same to probate was on the same day made in said Court

Said application will be for hearing before this Court on the 27

day of May A.D. 1891 at 1 o'clock P.M.

Witness my hand and the seal of said

Probate Court at Delaware Ohio this 21 day of May A.D. 1891

N. F. Overturf

Probate Judge

Proof of Service

The State of Ohio }

Delaware County ss } Ann E. Johnston being duly sworn, says

that prior to the 21" day of May A.D. 1891

she served the within notice by delivering a true copy thereof to the

within named Frank A. Johnston, Anna J. Clark and Ida

M. Stevens.

Ann E. Johnston

Subscribed in my presence and sworn to before me this 21" day of

May A.D. 1891

N. F. Overturf

Probate Judge

Journal Entry

May 27" 1891

In the Matter of the Will }

of William M. Johnston, deceased } Be it remembered, that heretofore, to-

wit, on the 21st day of May A.D. 1891

an instrument of writing, purporting to be the last Will and Tes-

tament of William M. Johnston, 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 satisfaction of the

Court that due notice of the filing of said Will and of the appli-
Delaware County Ohio Will Records Vol. 9 1890-1893 (269)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (269)

Description

[page 269]

[corresponds to page 240 of Delaware County Ohio Will Records Vol. 9 1890-93]

240

William M. Johnston's Will


cation to admit the same to probate and record in this Court, has been

given to Frank A. Johnston- Anna J. Clark and Ida M. Stevens

next of kin of the Testator, resident of the State of Ohio, pursuant to a

former order of this Court. (Anna E. Johnston- widow, having waived Notice)

And it appearing to the Court that L.D. Morse, one of the subscribing

witnesses to said Will, is a resident of Dayton Montgomery County Ohio

and is without the jurisdiction of this Court, it is therefore ordered that a

Commission, with the Will annexed, issue herein to E.R. Ryan of Dayton

Montgomery County, Ohio directiong him to take the deposition of said subscrib:

ing witness, and return the same, duly certified, with all convenient speed, to

this Court.

N.F. Overturf

Probate Judge


Will

In the name of the Benevolent Father of All, I William M.

Johnston do make & publish this my last will & testament

First.

It is my will that all my just debts and all charges be paid out of

my estate.

Item 1~

I give and devise all the residue of my estate to my wife Ann E. to be

to her & her heirs forever

Item

I appoint and make my said wife Ann E. Johnston executrix of

this my last will and testament.

In testimony hereof I have hereunto set my hand and seal this 24th day of

June in the year A.D. 1876.

William M. Johnston.

Signed and acknowledged by said William M. Johnston as his last Will

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

L. D. Morse

John J. Glover



Commission Filed June 9/91

To take Testimony of Witness to Will

The State of Ohio } To E.R. Ryan of Montgomery County O. Greeting:

Delaware County.ss}

Know Ye, That we, in confidence of your prudence and

fidelity, have appointed you and by these presents do give you full power and

authority to examine and take the deposition of L.D. Morse subscribing

witness to the last Will and Testament of William M. Johnston

hereto annexed, late of the County of Delaware, in the State of Ohio, de:

ceased; and therefore we command you, that at certain days and places ap:

pointed by you, you cause the said L.D. Morse to be brought before you,

and then there to examine on oath or affirmation first taken before you,

touching the due execution of said Will of the said William M.

Johnston and that you reduce such examination to writing, and re:

turn the same, together with this Commission and the Will of the

said William M. Johnston thereto annexed, closed up under you seal,

into our said Probate Court, with all convenient speed.
Delaware County Ohio Will Records Vol. 9 1890-1893 (270)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (270)

Description

[page 270]

[corresponds to page 241 of Delaware County Ohio Will Records Vol. 9 1890-93]

William M. Johnston's Will 241

In Testimony Whereof, I, N.F. Overturf Judge of the said Court have

hereunto set my hand and affixed the seal of said Court, at Delaware

this 27" day of May A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Deposition of Witness to Will Filed June 9/91


The State of Ohio } In the Matter of the last Will and Testament

Montgomery County.ss} Of William M. Johnston


Personally appeared before me E.R. Ryan, Commissioner, L.D. Morse

one of the subscribing witnesses to the last Will and Testament of

William M. Johnston late of Delaware Township in said Delaware

County, deceased, who being by me first 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 says: That he was present at

the execution of the paper before him bearing date the 24" day of June

A.D. 1876. purporting to be the last Will and Testament of William

M. Johnston now deceased, whose name is signed at the end thereof

and at the request of said deceased he subscribed his name to the same

as a witness in his presence; that he saw the said William M. John:

ston sign and seal said Will, and heard him acknowledge the same

to be his last Will and Testament, and that the said William M.

Johnston at the time of making, signing and sealing said Will, was

of full age, of sound mind and memory, and not under any restraint

L.D. Morse


The State of Ohio }

Montgomery County,ss} I, E.R. Ryan, duly appointed and commission:

ed by the Judge of the Probate Court, of the

County of Delaware and the State of Ohio, to take the testimony

of L.D. Morse one of the subscribing witnesses to the last Will

and Testament of William M. Johnston deceased, late a resident of

said County and State, which Commission, and the said Will

are hereto annexed, do hereby certify that in pursuance of said Commis:

sion I caused the above named L.D. Morse subscribing witness as

aforesaid to appear before me, at Dayton O. on the eighth day of

June. 1891. that he was first duly sworn by me, according to law, to

speak the truth, the whole truth and nothing but the truth, that

I examined him in relation to the execution of said Will, and re:

duced his testimony to writing as above set forth in his presence and

that he signed the same in my presence, and I further certify that

I am not Counsel, Attorney, or Relative of any of the parties nam:

ed in said Will, or otherwise interested in the Probate thereof.

In witness whereof I have hereunto set my hand, this

8th day of June A.D. 1891.

E.R. Ryan

Commissioner
Delaware County Ohio Will Records Vol. 9 1890-1893 (271)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (271)

Description

[page 271]

[corresponds to page 242 of Delaware County Ohio Will Records Vol. 9 1890-93]

242
William M. Johnston's Will

Journal Entry

June 9th 1891.

In the Matter of the Will of }

William M. Johnston, deceased, } The Commission heretofore issued herein

to take the testimony of L.D. Morse.

one of the subscribing witnesses to said Will, of William M. Johnston,

deceased, was this day returned duly executed, and the same was filed

herein.

And it appearing to the Court that John J. Glover the other sub:

scribing witness to said Will is a resident of Washington D.C. and

is without the jurisdiction of this Court, it is therefore ordered that a

Commission with the Will annexed, issue herein to James N. Fitz:

patrick of Washington D.C. directing him to take the deposition of said

subscribing witness, and return the same, duly certified, with all conven:

ient speed to this Court.

N.F. Overturf

Probate Judge.



Commission Filed June 15/91

To take Testimony of Witness to Will


The State of Ohio } To James N. Fitzpatrick of

Delaware County,ss } Washington D.C. 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 author:

ity to examine and take the deposition of John J. Glover subscribing

witness to the last Will and Testament of William M. Johnston

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 ap:

pointed by you, you cause the said John J. Glover to be brought before

you and then and there to examine him on oath or affirmation first ta:

ken before you, touching the due execution of said Will of the said

William M. Johnston and that you reduce such examination to

writing, and return the same, together with this Commission and

the Will of the said William M. Johnston thereto annexed, closed

up under your seal, into our said Probate Court, with all convenient

speed.

In Testimony whereof, I, N.F. Overturf, Judge

of the said Court, have hereunto set my hand and affixed the seal

of said Court, at Delaware O. this 9" day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (272)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (272)

Description

[page 272]

[corresponds to page 243 of Delaware County Ohio Will Records Vol. 9 1890-93]

243

William M. Johnston's Will


Deposition of Witness to Will Filed June 15/91


The District of Columbia} In the Matter of the last Will and

Washington City. ss } Testament of William M. Johnston- deceased


Personally appeared before me James N. Fitzpatrick Commis:

sioner, John J. Glover subscribing witness to the last Will and

Testament of William M. Johnston late of Delaware Township-

in said Delaware County, deceased, who being by me first 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

deposes and says: That he was present at the execution of the

paper before him bearing date the 24 day of June. A.D. 1876.

purporting to be the last Will and Testament of William M.

Johnston now deceased, whose name is signed at the end thereof.

and at the request of said deceased, he subscribed his name to the

same as a witness in his presence; that he saw the said William

M. Johnston sign and seal said Will, and heard him acknowledge

the same to be his last Will and Testament, and that the said

William M. Johnston at the time of making, signing and seal:

ing said Will, was of full age, of sound mind and memory, and

not under any restraint.

John J. Glover


District of Columbia }

Washington County, ss }

& city of Washington } I, James N. Fitzpatrick, duly ap:

pointed and commissioned by the Judge of

the Probate Court, of the County of Delaware and the State of

Ohio, to take testimony of John J. Glover subscribing witness

to the last Will and Testament of William M. Johnston de:

ceased, late a resident of said County and State, which Commis:

sion, and the said Will are hereto annexed, do hereby certify that

in pursuance of said Commission, I caused the above named John

J. Glover subscribing witness as aforesaid to appear before me,

at Washington D.C. on the 12th day of June. 1891, that he was

first duly sworn by me, according to law to speak the truth, the

whole truth, and nothing but the truth; that I examined him in

relation to the execution of said Will, and reduced his testimony

to writing as above set forth in his presence and that he signed

the same in my presence, and I further certify that I am not

Counsel, Attorney or relative of any of the parties named in

said Will, or otherwise interested in the Probate thereof.

In witness, whereof I have hereunto set my hand, this

12th day of June A.D. 1891.

Jas. N. Fitzpatrick

Commissioner.
Delaware County Ohio Will Records Vol. 9 1890-1893 (273)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (273)

Description

[page 273]

[corresponds to page 244 of Delaware County Ohio Will Records Vol. 9 1890-93]

244

William M. Johnston's Will

Journal Entry

June 15" 1891

In the Matter of the Will of }

William M. Johnston, deceased } The Commission heretofore issued

herein to take the testimony of John

J. Glover, the other subscribing witness to the Will of said William

M. Johnston deceased, was this day returned duly executed, and the

same was filed herein. And it appearing to the Court from the dep:

osition of the former witness and from the deposition of the said John J.

Glover that the aforesaid instrument of writing is the last Will

and Testament of said William M. Johnston, deceased. That the same

was duly executed and attested, and that the said Testator, at the

time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. 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

as well as the proceedings had thereof be entered of record in this Court

Citation ordered and issued to Ann E. Johnston widow of said dece:

dent to elect as to said Will, is required by Law.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (274)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (274)

Description

[page 274]

[corresponds to page 245 of Delaware County Ohio Will Records Vol. 9 1890-93]

245

G.A. Carr's Will

Journal Entry

June 11th 1891.

In the Matter of the Will }

of G.A. Carr- deceased ~ } This day, an instrument of writing, purport:

ing to be the last Will and Testament of

G.A. Carr, late of Scioto Township, in this County, deceased, was produc:

ed in open Court for Probate; On consideration whereof, it is 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 to Joseph Carr, Jane Miller and Ann Liggett- next of kin of

the testator, resident of the State of Ohio, that said application will

be for hearing before this Court on the 23d day of June A.D. 1891.

at 9 o'clock A.M.

N.F. Overturf

Probate Judge


Application for Probate of Will Filed June 11/91


The State of Ohio } In Probate Court

Delaware County.ss }


In the Matter of the last }

Will and Testament of } Application to Admit to Probate

G.A. Carr- Deceased }

To the Hon. N.F. Overturf- Judge of the Pro:

bate Court in and for said County:

Your petitioner respectfully represents that

G.A. Carr late a resident of the township of Scioto in said County,

died on or about the 19" day of May. A.D. 1891. leaving an instrument

in writing hereto attached. purporting to be his last Will and Testament.

That the said G.A. Carr died leaving no widow and the following

named persons his only next of kin resident of the State of Ohio:


Name Degree of Kinship P.O. Address

Joseph Carr Son Ostrander O

Jane Miller Daughter " "

Ann Liggett Daughter " "


Your petitioner prays that a time may be fixed for the proving

of said Will, and that said above named persons may be noti:

fied according to law of the pending of said proceedings

L.A. Colhoun

The foregoing application was signed in my presence and sworn

to before me, this 11" day of June. A.D. 1891.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (275)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (275)

Description

[page 275]

[corresponds to page 246 of Delaware County Ohio Will Records Vol. 9 1890-93]

246

G.A. Carr's Will


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testament of

G.A. Carr-deceased.

To L. A. Colhoun:

You are hereby commanded to notify Jos:

eph Carr- Jane Miller and Ann Liggett that on the 11" day of June

A.D. 1891. an instrument of writing, purporting to be the last Will

and Testament of G.A. Carr late of Scioto Township, in said Coun:

ty- deceased, was produced in said Court and an application to admit

the same to probate was on the same day made in said Court. Said

application will be for hearing before this Corut on the 23 day of June

A.D. 1891. at 9 o'clock A.M.

Witness my hand and the seal of said Probate Court.

at Delaware Ohio, this 11" day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Proof of Service. Filed June 23/91


The State of Ohio }

Delaware County.ss} L.A. Colhoun being duly sworn, says that

on the 11 & 12 days of June. A.D. 1891

he served the within notice by delivering a true copy thereof to the

within named Joseph Carr- Jane Miller and Ann Liggett

L.A. Colhoun

Subscribed in my presence and sworn to before me this 23d day of

June. A.D. 1891.

N.F. Overturf

Probate Judge



Probate of Will Filed June 23/91


The State of Ohio } In Probate Court

Delaware County.ss}

Personally appeared in open Court Geo. H.

Oller and Demas Lewis the subscribing witnesses to the last Will

and Testament of G.A. Carr late of Scioto Township in said

Delaware 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 execution of said Will, depose and say: That the

paper before them bearing date the 1st day of October A.D. 1890. purport:

ing to be the last Will of said deceased G.A. Carr that they were present

at the execution of said Will, and at the request of the Testator, re:

spectively subscribed their names to the same as witnesses, in his
Delaware County Ohio Will Records Vol. 9 1890-1893 (276)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (276)

Description

[page 276]

[corresponds to page 247 of Delaware County Ohio Will Records Vol. 9 1890-93]


247

G.A. Carr's Will

presence, that they saw the said G.A. Carr deceased sign and

seal said Will; and heard him acknowledge the same to be his

last Will and Testament, and that the said G.A. Carr at the

time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Geo H. Oller

Demas Lewis

Sworn to and subscribed by said witness, in open Court; this

23d day of June. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge



Journal Entry

June 23d 1891

In the Matter of the Will }

of G.A. Carr deceased ~ } Be it remembered that heretofore

to wit: on the 11th day of June A.

D. 1891. an instrument of writing purporting to be the last Will

and Testament of G.A. Carr, late of Scioto 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 Joseph Carr- Jane Miller and

Ann Liggett next of kin of the Testator, resident of the State

of Ohio, pursuant to a former order of this Court; therefore, on

this day came Geo. H. Oller and Demas Lewis the subscribing

witnesses to said Will, who being duly sworn, testified to

the due execution and attestation of said Will. Which testi:

mony was reduced in 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 G.A. Carr, deceased. That the same was duly executed

and attested; and that the said Testator, at the time of making-

signing and sealing said Will, was of full age, of sound mind

and memory, and not under any restraint. It is, therefore,

by the Court ordered that the said Will be admitted to pro:

bate, and that the same, together with the testimony of the wit:

nesses above named, as well as the proceedings had thereon, be

entered of record in this Court.

N.F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (277)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (277)

Description

[page 277]

[corresponds to page 248 of Delaware County Ohio Will Records Vol. 9 1890-93]


248

G.A. Carr's Will

Will

In the name of the Benevolent Father of All

I Gideon A. Carr of Scioto Township Delaware County

Ohio do make and publish this my last Will and Testament.


Item 1st

I desire that all my just debts be paid by my executor as soon

after my death as may be reasonable and convenient for him to do.

Item 2nd

I give and devise to my son Joseph Carr three promissory Notes

made to me by & signed L. A. Colhoun calling for Five hundred

Dollars each & due in three four and five years after my death

Item 3rd

I give and devise that the ballance and residue of my property of

whatsoever kind that I may have at my death be divided eaqual:

ly to my daughter Jane Miller my son Joseph Carr and my

two grand children Florance I. Farmer and L.A. Colhoun.

As and in thus that my daughter Ann Ligget has now & al:

ready received her full share of my estate.

Item 4

I do hereby nominate & appoint L.A. Calhoun Executor of this

my last will and testament hereby authorizing him to adjust

release & discharge in such manner as he may deem best all

my debts & claims.

Item 5.

I desire that no appraisement & no sale of my personal proper:

ty be made & that the probate court direct the mission of the

same

In testimony hereof I hereunto set my hand & seal this 1st

day of October in the year 1890.

G.A. Carr { }

Signed and acknowledged by said Gideon A. Carr as his

last Will & Testament in our presence & signed by us in his

presence.

Geo. H. Oller

Demas Lewis
Delaware County Ohio Will Records Vol. 9 1890-1893 (278)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (278)

Description

[page 278]

[corresponds to page 249 of Delaware County Ohio Will Records Vol. 9 1890-93]

249


Jeremiah W. Smith's Will

Journal Entry

August 3rd 1891

In the Matter of the Will of }

Jeremiah W. Smith - deceased } This day, an instrument of writing

purporting to be the last Will and

Testament of Jeremiah W. Smith, late of Marlborough Tourn=

ship in this County - deceased, was produced in open Court for Pro-

bate, in consideration whereof, it is ordered that the said Will be

filed in this Court, and that due notice there of, and of the applica=

tion to admit the same to probate and record, be given to Frank S.

Smith next of kin of the Testator, resident of the State of Ohio -

that said application will be for hearing before this Court in the

11th day of August A. D. 1891 at 9 o'clock A. M., (Eliza J. Smith

widow, having waived Notice.)

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Aug 3/91

The State of Ohio } In Probate Court

Delaware County, ss. }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Jeremiah W. Smith - deceased }

To the Hon. N. F. Overturf, Judge of

the Probate Court in and for said County.

Your petitioner respectfully represents

that Jeremiah W. Smith late a resident of the Township of

Marlborrow in said County died on or about the 25 day of July

A. D. 1891 bearing an instrument in writing, hereto attached, pur=

porting to be his last Will and Testament: That the said Jere=

miah W. Smith died leaving Eliza J. Smith - widow - and the following

named person his only next of kin resident of the State of Ohio.

Age of
Name Minors Degree of Kinship P.O. Address

Frank S. Smith 17 Son Norton O.

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified accord=

ing to law of the pending of said proceedings.

Eliza J. Smith

The foregoing application was signed in my presence and sworn to

before me, this 3rd day of August A. D. 1891.

N. F. Overturf

Probate Judge

I, the undersigned Eliza J. Smith, widow of the within named decedent,

hereby waive further notice, and consent to the probate of said Will

Dated this 3rd day of August A. D. 1891.

Eliza J. Smith
Delaware County Ohio Will Records Vol. 9 1890-1893 (279)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (279)

Description

[page 279]

[corresponds to page 250 of Delaware County Ohio Will Records Vol. 9 1890-93]

250

Jeremiah W. Smith's Will

Notice

The State of Ohio } In Probate Court

Delaware County ss }

In the matter of the last Will and Testiment of

Jeremiah W. Smith - deceased.

To Eliza J. Smith:

You are hereby commanded to notify Frank

S. Smith that on the 3rd day of Aug. A. D. 1891, an instrument of

writing, purporting to be the last Will and Testament of Jeremiah W.

Smith late of Marlborrow Township, in said County, deceased, was pro=

duced in said Court, and an application to admit the same to probate

was on the same day made in said Court. Said application will be

for hearing before this Court on the 11" day of August A. D. 1891 at 9

o'clock A. M.

Witness my hand and the seal of said Probate Court at Del:

aware, Ohio, this 3rd day of August A. D. 1891.

N. F. Overturf

Probate Judge

Proof of Service Filed Aug 3/91

State of Ohio }

Delaware County ss } Eliza J. Smith being duly sworn -

says that on the 3rd day of August

A. D. 1891. she served the within notice by delivering a true copy

there of the within named Frank S. Smith.

Eliza J. Smith

Subscribed in my presence and sworn to before me this 3rd day

of August A. D. 1891.

N. F. Overturf

Probate Judge

Probate of Will Filed Aug 11/91

The State of Ohio } In Probate Court

Delaware County, ss }

Personally appeared in open Court Jacob

Baker and A. P. Wintermute two of the subscribing witnesses

to the last Will and Testament of Jeremiah W. Smith late of

Marlborrow Township in said Delaware 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 execution of said Will,

depose and say. That the paper before them bearing date the 9" day

of January. A. D. 1891. purporting to be the last Will and tes=

tament of Jeremiah W. Smith now deceased, as the Will of

said deceased Jeremiah W. Smith, that they were present at the

execution of said Will, and at the request of the Testator, respectively
Delaware County Ohio Will Records Vol. 9 1890-1893 (280)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (280)

Description

[page 280]

[corresponds to page 251 of Delaware County Ohio Will Records Vol. 9 1890-93]

251

Jeremiah W. Smith's Will

subscribed their names to the same as witnesses, in his presence;

that they saw the said Jeremiah W. Smith deceased sign and

seal said Will and heard him acknowledge the same to be his last

Will and Testament, and that the said jeremiah W. Smith

at the time of making, signing and sealing said Will, was of full

age, of sound mind and memory, and not under any restraint.

Jacob Baker

A. P. Wintermute

Sworn to and subscribed by said witnesses, in open Court,

this 11th day of August A. D. 1891.

N. F. Overturf

Probate Judge

Journal Entry

August 11th 1891 }

In the Matter of the Will of }

Jeremiah W. Smith, deceased } Be it remembered, that heretofore,

To-wit: on the 3rd day of August

A. D. 1891, an instrument of writing, purporting to be the last

will and Testament of Jeremiah W. Smith, late of Marl=

borough 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 rec=

ord in this Court, has been given to Frank S. Smith only

next of kin of the Testator, resident of the State of Ohio, pursu=

ant to a former order of this Court, and Eliza J. Smith - widow -

having in writing, waived Notice - and consented to the probate of said

Will; therefore, in this day came Jacob Baker and A. P. Win=

termute, two of 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 she aforesaid instrument of writing is the last Will and Tes=

tament of said Jeremiah W. Smith, deceased That the same was

duly executed and attested; and that the said Testator, at the time of

making, signing and sealing said Will, was of full age, of sound

mind and memory, and not under any restraint. 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, as well as the proceedings had thereon, be entered of record

in this Court.

Citation ordered and issued to Eliza Jane Smith widow of said

decedent, to elect as to said Will, as required by Law. And there=

upon came the said Eliza Jane Smith and in writing acknowledg=

ed service of said Citation.

N. F. Overturf

Probate Judge
Delaware County Ohio Will Records Vol. 9 1890-1893 (281)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (281)

Description

[page 281]

[corresponds to page 252 of Delaware County Ohio Will Records Vol. 9 1890-93]

252

Jeremiah W. Smith's Will

Same as written } The farm herein named and bequeathed is in Ranage 19)

in original Will} Township Six (6) Section half one (1/2) lot four (4)


In the name of the Benevolent Father of All. I Jeremiah W.

Smith of the County of Delaware and State of Ohio do make

and publish this my last Will and Testament:

First: I give and devise to my beloved wife Eliza Jane Smith in

lieu of her dower that part of the farm on which we now reside

Situated on the east side of the County Road and extending to the

River containing the house and buildings and embracing about Sixty

Acres of ground together with what personal property I may have

at the time of my decease, to be hers only so long as my said wife re=

mains my widow. but in case of her remarage the said property

revert to and become the property of my son Frank S. Smith.

Second: I devise and bequeath to my only son Frank S. Smith

at his majority that part of the farm which is situated on

the west side of the said County Road and embracing about Seventy

Acres of Ground.

Third: I give and bequeath to my said wife and son jointly the prop=

erty I own in the town of Marysville Union County Ohio.

Situated on Main St. being 22 ft front and part of In Lot N. 27

with power to dispose of at any time they may deem advisable.

Fourth: I do hereby nominate and appoint my beloved wife Eliza

Jane Smith Guardian of my son Frank S. Smith until

the said Frank S. Smith arrives at the age of twenty one years.

Fifth: I do hereby nomiate and appoint my beloved wife Eliza J.

Smith and my son Frank S. Smith after his majority

Executors of this my last Will and Testament.

I desire that no bond be required no appraisement and no sale of my

personal property be made, and that the Court of Probate direct the

mission of the same in pursuance of the Statute.

In testimony here of I have hereunto set my hand and seal this

9th day of January in the year 1891.

Attest Jeremiah W. Smith {Seal}

Jacob Baker

A.P. Wintermute

Chas. Brundige
Delaware County Ohio Will Records Vol. 9 1890-1893 (282)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (282)

Description

[page 282]

[corresponds to page 253 of Delaware County Ohio Will Records Vol. 9 1890-93]

253

Samantha Frost's Will

Journal Entry

August 17th 1891 }

In the Matter of the Will of }

Samantha Frost - deceased } This day, an instrument of writing, purport=

ing to be the last Will and Testament of

Samantha Frost, State of Brown Township, in this County, deceased, was

produced in open Court for Probate. On consideration whereof, it is or=

dered 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 Elias Frost - Bird E. Frost and Jessie Frost, widower, and

next of kin of the Testatrix, resident of the State of Ohio, that said ap=

plication will be for hearing before this Court on the 20th day of Aug=

ust A. D. 1891 at 8 o'clock A.M. (S.H. Wells. A. E. Frost -

Ezekiel Frost - clement D. Frost and Mary McDonald the other next

of kin resident of the State of Ohio, having in writing waived Notice

and consented to the probate of said Will).

N. F. Overturf

Probate Judge

Application for Probate of Will Filed Aug 17/91

The State of Ohio } In Probate Court

Delaware Courty, ss }

In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Samanatha Frost - decreaseD }

To the Hon. N. F. Overturf - Judge of the

Probate Court in and for said County:

Your petitioner respectfully represents that

Samanatha Frost late a resident of the Township of Brown in said

County died on or about the 11 day of August A. D. 1891 leaving an

instrument in writing, hereto attached, purporting to be her last Will and

Testament. That the said Samantha Frost died leaving Elias Frost

widower and the following named persons her only next of kin resident

of the State of Ohio.

Age of
Name Minors Degress of Kinship P.O. Address

S. H. Wells Son Delaware O

Mary A. McDonald Daughter Sherman Dale Pa

Albert Frost 27 Son Delaware

Ezekiel Frost 24 " Leondardsbury, O.

Bird E. Frost 20 " " "

Jessie Frost 16 Daughter " "

Clement Frost 21 Son " "

Your petitioner prays that a time may be fixed for the proving of said

Will, and that said above named persons may be notified according

to law of the pending of said proceedings

S. H. Wells
Delaware County Ohio Will Records Vol. 9 1890-1893 (283)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (283)

Description

[page 283]

[corresponds to page 254 of Delaware County Ohio Will Records Vol. 9 1890-93]

254 Samantha Frost's Will

The forgoing application was signed in my presence and sworn to before

me, this 17" day of August- A.D. 1891.

N.F. Overturf

Probate Judge


We the undersigned next of kin of the within named decedent, hereby

waive further notice to the probate of said Will.

Dated this 17" day of August - A.D. 1891.

S.H. Wells

A.E. Frost

Ezekiel Frost

Clement D. Frost

Mary McDonald


Notice

The State of Ohio } In Probate Court

Delaware County.ss}

In the Matter of the last Will and Testament of

Samantha Frost, deceased.

To S.H. Wells:

You are hereby commanded to notify

Elias Frost- Bird E. Frost and Jessie Frost that on the 17" day of

August- A.D. 1891. an instrument of writing, purporting to be the last

Will and Testament of Samantha Frost late of Brown Township in

said County, deceased, was produced in said Court, and an application to

admit the same to probate was on the same day made in said Court.

Said application will be for hearing before this Court on the 20" day

of August A.D. 1891. at 8 o'clock A.M.

Witness my hand and the seal of said Pro:

bate Court, at Delaware, Ohio, this 17" day of August. A.D. 1891.

N.F. Overturf

{Seal} Probate Judge


Proof of Service Filed Aug. 20/91

The State of Ohio }

Delaware County ss } S.H. Wells being duly sworn, says that on

the 17" day of August A.D. 1891 he servered

the within notice by delivering a true copy thereof to the within named

Elias Frost- Bird E. Frost and Jessie Frost-

S.H. Wells-


Subscribed in my presence and sworn to before me this 20 day of

August. A.D. 1891.

N.F. Overturf

Probate Judge.

Delaware County Ohio Will Records Vol. 9 1890-1893 (284)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (284)

Description

[page 284]

[corresponds to page 255 of Delaware County Ohio Will Records Vol. 9 1890-93]


Samantha Frost's Will 255


Probate of Will


The State of Ohio } In Probate Court

Delaware County,ss}

Personally appeared in open Court Frank A.

Stickney, M.D. and Almon Wheeler the subscribing witnesses to the last

Will and Testament of Samantha Frost late of Brown Township in

said Delaware County - deceased; who being duly sworn according to law

to speak the truth, the whole truth, and nothing but the truth, in rela:

tion to the execution of said Will, depose and say: That the paper

before them bearing date the 20" day of July. A.D. 1891. purporting to

be the last Will and Testament of Samantha Frost now deceased, is

the Will of said deceased Samantha Frost - that they were present

at the execution of said Will, and at the request of the Testatrix, re:

spectively subscribed their names to the same as witnesses, in her

presence; that they saw the said Samantha Frost deceased sign and

seal said Will, and heard her acknowledge the same to be her last

Will and Testament, and that the said Samantha Frost at the

time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint.

Frank A. Stickney M.D.

Alman Wheeler.

Sworn to and subscribed by said witnesses in open Court, this 20"

day of August - A.D. 1891.

N.F. Overturf

Probate Judge.


Journal Entry

August 20" 1891.

In the Matter of the Will of}

Samantha Frost- deceased. } Be it remembered, that heretofore,

to wit: on the 17th day of August-

A.D. 1891, an instrument of writing, purporting to be the last Will

and Testament of Samantha Frost, 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 Elias Frost- widower- and Bird E. Frost and

Jessie Frost (S.H. Wells- A.E. Frost- Ezekiel Frost- Clement

D. Frost and Mary McDonald having waived Note) next of kin

of the Testatrix, resident of the State of Ohio, pursuant to a form:

er order of this Court, therefore, on this day came Frank A.

Stickney- M.D. and Almon Wheeler 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 is the last

Will and Testament of said Samantha Frost- deceased. That
Delaware County Ohio Will Records Vol. 9 1890-1893 (285)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (285)

Description

[page 285]

[corresponds to page 256 of Delaware County Ohio Will Records Vol. 9 1890-93]

256
Samantha Frost's Will

the same was duly executed and attested; and that the said Testatrix, at

the time of making, signing and sealing said Will, was of full age, of

sound mind and memory, and not under any restraint. 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, as

well as the proceedings had thereon, be entered of record in this Court.

Citation ordered and issued to Elias Frost, widower of said decedent, to

elect as to said Will, as required by Law.

N.F. Overturf

Probate Judge.


Will

In the name of the Great Benevolent Father I Mrs. Samantha

Frost of Brown Township Delaware County Ohio, Being of sound

mind and memory do make this my last will in manner and form

as follows:

First I give and bequeath to my son S.H. Wells 5 acres of land

owned by me and situated in Dover Township. Union County. Ohio

I also give to my daughter Mary A McDonald Five acres of land

off from same lot at same place

2nd I give to my sons Albert Frost- Ezekiel Frost- Clement D.

Frost and Bird E. Frost and my daughter Jessie Frost (10) Ten

acres of land in Union Co Ohio being the balance of (20) Twenty acres

of land owned by me in Union Co Ohio as aforesaid, said 10 acres last

mentioned to be equally divided among said children.

I hereby nominate and appoiont my son S H Wells Executor of

this my last Will and Testament.

In testimony hereof I have hereunto set my hand and seal this

20th day of July A.D. 1891.

Samantha Frost {Seal}

Signed and acknowledged by said Mrs. Samantha Frost as her last

Will and Testament in our presence and signed by us in her presence

Frank A. Stickney, M.D. {Seal}

Almon Wheeler {Seal}
Delaware County Ohio Will Records Vol. 9 1890-1893 (286)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (286)

Description

[page 286]

[corresponds to page 257 of Delaware County Ohio Will Records Vol. 9 1890-93]


Solomon Hardin's Will 257


Journal Entry

August 8th 1891.

In the Matter of the Will }

of Solomon Hardin- deceased~} This day an instrument of writing, pur:

porting to be the last Will and Testa:

ment of Solomon Hardin, late of Liberty Township, in this County de:

ceased, was produced in open Court for Probate: On consideration where:

of, it is 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 A.E. Goodrich only next of kin of the Testa:

tor, resident of the State of Ohio, the said application will be for

hearing before this Court on the 26th day of August- A.D. 1891, at

1 o'clock P.M.,

N.F. Overturf

Probate Judge


Application for Probate of Will Filed Aug 8/91

The State of Ohio } In Probate Corut

Delaware County,ss}


In the Matter of the Last }

Will and Testament of } Application to Admit to Probate

Solomon Hardin, deceased. }


To the Hon. N.F. Overturf- Judge of the Probate Court in and for

said County:


Your petitioner respectfully represents that Solomon Hardin

late a resident of the Township of Liberty in said County- died on or

about the 22d day of February- A.D. 1891, leaving an instrument in

writing, hereto attached, purporting to be his last Will and Testa:

ment: That the said Solomon Hardin died leaving no widower and

the following named persons his only next of kin resident of the State

of Ohio

Name Degree of Kinship P.O. Address

A.E. Goodrich Nephew Worthington O.


Your petitioner prays that a time may be fixed for the proving of

said Will, and that said above named persons may be notified ac:

cording to law of the pending of said proceedings

A.J. Harter

The foregoing application was signed in my presence and sworn to

before me this 8" day of August- A.D. 1891.

N.F. Overturf

Probate Judge.
Delaware County Ohio Will Records Vol. 9 1890-1893 (287)

Title

Delaware County Ohio Will Records Vol. 9 1890-1893 (287)

Description

[page 287]

[corresponds to page 258 of Delaware County Ohio Will Records Vol. 9 1890-93]


258
Solomon Hardin's Will

Notice

The State of Ohio } In Probate Corut.

Delaware County,ss}

In the matter of the last Will and Testament of

Solomon Hardin, deceased.

To A.J. Harter:

You are hereby commanded to notify A.E. Good:

rich that on the 8" day of August- A.D. 1891. an instrument of writing

purporting to be the last Will and Testament of Solomon Hardin late

of Liberty Township in said County, deceased, was produced in said Court

and an application to admit the same to probate was on the same day

made in said Court. Said application will be for hearing before this Court

on the 26 day of August- A.D. 1891. at 1 o'clock PM.

Witness my hand and the seal of said Pro:

bate Court, at Delaware Ohio, this 8" day of August- A.D. 1891.

N.F. Overturf

Probate Judge.


Proof of Service Filed Aug. 20/91


The State of Ohio }

Delaware County,ss} A.J. Harter being duly sworn, says that on

the 9" day of August. A.D. 1891. he served the

within notice by delivering a true copy thereof to the within named A.

E. Goodrich

A.J. Harter

Subscribed in my presence and sworn to before me this 26" day of August

A.D. 1891.

N.F. Overturf

Probate Judge.



Probate of Will Filed Aug 26/91

The State of Ohio } In Probate Court

Delaware County,ss}

Personally appeared in open Court Dora J. Wi:

ley and Luther Boyd the subscribing witnesses to the last Will and Tes:

tament of Solomon Hardin late of Liberty Township in said Delaware

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 execution

of said Will, depose and say: That the paper before them bearing date the

18" day of February. A.D. 1891. purporting to be the last Will and Testament

of Solomon Hardin now deceased, is the Will of said deceased Solomon Har:

din, that they were present at the execution of said Will, and at the re:

quest of the Testator, respe