Delaware County Ohio Will Records Vol. 3 1850-1859

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Will Record 3 Delaware County

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Will Record

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Record of Wills

3 1850-59


Ackley Geo. B. -Will of- 70.

Adams Penney " " 234.

Adams Eoy " " 322

Alfred Eliza " " 382
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Bury John dec'd Will 25.

Brown John " 38.

Brownmiller Frederick " 47

Brown Robert " 74

Brown Robert " 146

Beedle William " 202-

Blount Samuel " 201

Bramin Michael " 232 Case No 476 " 240

Buck Isreal E " 251

Bierce Winslow " 290

Brownmiller Bernard " 306
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Curren John decd Will Page 21

Cockrell Edward " " 27.

Coulter Parthenia " " 29.

Carpenter Robert " " 34

Cornelle Eliakim " " 119.

Crawford Thos " " 136.

Case Watson " " 142

Cryder George S. " " 206

Coleman Daniel " " 218

Canada John " " 176.

Cole Mereen D. " " 227.

Closson Wesley designation of Heir 263.

Carpenter Benjamin 273

Cryder Leah dec Will " 358

Campbell Duncan decd " 403

Canady, John's & Will Sr " 176
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Dulin Lewis dec 30.

Dixons Abel " 115.

Drake Jacob " 216

Dixon Philemon " 249

Dopson Electa " 255

Dildine Ralph " 258

Depp Lucy " 371 Case No 761

Dunlap John F. " 378

Depp Abram " 387
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Evans Evan decd Will 22

Ekam Peter de~ Will 209

Evans Angeline de~ Will 208

Edmundson Elizabeth ~ ~ 157
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Ferson James - Will of- 117.

Freese, John " " 122.

Fleming James " " 362 Case No 740
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Grove Francis Will - 63

Ginn John " 139.

Gregg William decd " 360.

Gaylord Benjm C. decd Will page 384

Gregory Nathaniel " " " 414
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Heminger Andrew decd 4

Howard Jeremiah decd 72

Hotchkiss Lyman " 133. Case No 231

Hughes Evan ~ 168

Hull Benjamin ~ 246

Hess Mary M " 297

Harrison Aaron R " 299

Hill Orison " 307

Hurd John " 314

Harder Peter Will of 380 Case No 791

Hennis Richard " " 419
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Jones Samuel decd Will pg 49

Jamison Esther " " 110. Case No - 139

Johnson William " " " 124

Jones James ~ ~ ~ 187

Jones Mary " " " 296

James Thomas " " " 309

Jones John [Brynt] " " " 370
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Klinker Joseph decd Will Page 40.

Kelly Henry " " " 66

Kent John " " " 153.

Kyle Hugh " " " 219

Klee Jacob " " " 268

King John " " " 356

Kyle David " " " 385 Case No 804
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Leak John Will of 56

Landon Saml 68

John Lenox Will 166

Livingston Margaret 205

Lewis Harlow 211

Luke Thomas ~ 163

Lennox John ~ 166.

Lawrence J.B. ~ 189 Case No 179

Longshore Aaron ~ 229 " " 449

Lane Margaret ~ 253

Ludy Daniel " 292

Laune Rufus ~ 279

Lynn Joseph " " 397

Lawrence Joseph ~ ~ 412
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Mead Lucy Ann decd 2

Meredith Levi " 6

Martin Benjamin 112 )

Indenture between Nehemiah Martin )

and Elijah Martin (recorded on page 130) )

Mendenhall Edwd. S. 131.

McKimmie J. 144.

Mangans Daniel 147.

Meeker Benj to S. D. Flagg (Transfer) 165

Mason Jessi decd Will of 222.

Minter Elizabeth decd ~ ~ 257

Morris Margaret ~ ~ ~ 277

Morton Thomas " " 298

Mason Dorsey " " 304

McCloud Thomas " " 320

Daniel Moore " " 376

More. Danl D.L. decd " " 407
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Newhouse Anthony decd Will 159

Neilson John 238 Case No 505
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Pentony Michael Will 33.

Pierce Mary's Will 54 Case No 37

Payne Eber C. Will of 62

Perry Robert decd " " 108.

Pettet Bartholomew ~ ~ 151

Pierce John G ~ ~ 275

Paull James " " 288

Penry Wm. R. " 391
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Rosecrans Jacob C Will of 53

Rogers Elizabeth Will of 242.

Rinehart Oril L decd 265.
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Seeydam Mary decd 1

Sherman John " 11

Slentz Mary " 31

Shaw Augustus M. 149

Sweetser Delight dec Will. 213 Case No. 405

Smith Jacob ~ 230

Stanberry Edward ~ 224

Slack Ralph ~ 236.

Seigfried Samuel decd ~ 244

Sharp Joseph " ~ 250

Shryer George ~ ~ 259

Sackett Guy ~ ~ 267

Stone William dec'd " 367

Smith Alexander decd " 373

Smith Phebe decd will of 399.

Smith Gilbert " " 405

Stein Solomon " " 418
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Taylor James decd 76

Tod William H. decd 281 Case No 623

Twiggs Francis decd Matter of Last Will &c Page 324
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Van Horne Henry decd Will 263

Vining Elias " " 321

Van Houten James " " 395
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Warrington William decd Will 36

Williams John " " 43.

Williams Lewis " " 51 - 51

Wells Nathaniel " " 126. -

Wells Alexander ' ' 128. -

Warden John W. ~ ~ 171

Wells Rhoda " " 317

Weaver Samuel S " " 369

Williams James ' " 393
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Young Andrew decd Will page 42.

Yeates John " " " 293
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Zeigler Frederick decd Will 179.
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Mary Suydam will 1

Court of Common Pleas held at the Court House in Delaware on the 15th day

of October AD 1850 before the Honorable O Bowen president Judge & Almon

Stark Caleb Howard & Frederick Avery Esqr his associate Judges of the Court

of Common Pleas in & for the County of Delaware in the State of Ohio

This day the last Will & Testament of Mary Suydam decd was

produced in open Court and proved by the testimony of the subscribing witnesses

thereto as reduced to witness writing. And it appearing to the Court that said testatrix

was at the time of executing the same was of sound and disposing mind memory

and understanding and acting under no restraint whatever. It is ordered that said

Will be admitted to probate and placed upon record.

In the Name of God Amen I Mary Suydam of lawful age of the

County of Delaware State of Ohio being of advanced age and considering

the uncertainty of this mortal life the certainty of death but the uncertain=

=ty of the time thereof and being of sound and disposing mind and mem=

=ory do make and publish this my last Will and Testament to wit -

Item 1st I will and desire that after my decease my body be decently buried

and that my funeral expenses and my just and legal debts be fully paid &c

Item 2nd I will and devise after the payment of my funeral expenses

and debts as aforesaid all the residue and remainder of my property

both real personal and mixed to my brother and sister Anthony. L.

Griffiths and his wife Aletta Griffiths during their natural lifetime for

their own use benefit and behoof and at their death all the residue and

remainder that may be left I will and devise to Suydam Sloan and

Samuel Sloan to be equally divided between them share and share alike

and to their heirs and assigns forever.

Item 3rd I do hereby nominate and appoint said Anthony. L. Griffiths

and Aletta Griffiths my sole Executor and Executrix to execute and

carry into effect this my last Will and Testament hereby revoking

and disavowing all other wills by me made and relying and declar=

=ing and publishing this as my last and only Will and Testament.

In witness whereof I have hereunto set my hand and seal this 10th day

of August AD one thousand eight hundred and forty nine.

Signed sealed and acknowledged

by said Mary Suydam as her Mary. Suydam. {seal}

last will and testament in

our presence and signed by us

in her pleasure and at her request.

George A. Jackson

J.S. Moses


The State of Ohio Delaware County Ss

We George A Jackson and J.S. Moses being duly sworn in open Court this

15th day of OCtober AD 1850 depose and say that we were present at

the execution of the last will and testament of Mary Suydam hereunto

annexed; that we saw the said testator subscribe said will and heard
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her publish and declare the same to be her last will and testament and that

the same testator at the time of executing the same was of full age and of

sound mind and memory and not under any restraint; and that we signed

the same as witnesses at her request and in her presence and in the presence of

each other. Witness our hands and seals the day and year aforesaid.

George. A. Jackson {seal}

J.S. Moses {seal}



Sworn to & subscribed in

Open Court

G.W. Stark Clerk


Lucy Ann Mead decd will



Court of Common Pleas held at the Court House in Delaware on the

15th day of October AD 1850 before the Honorable O. Bowen president Judge

and Almon Stark Caleb Howard and Frederick Avery Esqr his associate

Judges of the Court of Common Pleas in and for the County of Delaware in

the State of Ohio

This day the last Will and Testament of Lucy A Mead

deceased was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing and it appearing to the Court

that said testator was at the time of executing the same of sound and disposing

mind memory and understanding and acting under no restraint whatever. It is

ordered that said will be recorded and that letters executory be issued to David

Gregory one of the Executors in said Will named having declined acting Stephen

R Bennett the other Executor in said Will named having declined acting as per

file upon his entering into bonds in the sum of $6000.00 with Minor. W. Miller

William. G Shelton amd George. T. Sherman as security. And it is further

ordered that Joseph. Prince John. Frost David T. Sherman appraise the

personal property of said Estate.

In the name of the benevolent Father of all I Lucy Ann Mead

of Berkshire in the County of Delaware and State of Ohio do make and publish

this my last will and Testament as follows to wit I give and bequeath to my

niece Lucy Abbot two hundred dollars; to my nephew David Tracy and

Asahel Tracy each two hundred dollars; to my sister Polly Tracy one hundred

dollars and if the said Polly Tracy shall not survive me I direct that

the said one hundred dollars be equally divided amongst her daughters

I give and bequeath to my nephews Sanford. S. Bennett and Steven R

Bennett each one hundred dollars; to my neice P. Pamelia. Gregory five

shares of stock in the Franklin Branch of the State Bank of Ohio at Co=

=lumbus Ohio. Said shares of stock were assigned to me by S.R. Bennett

I give and bequeath to my nephew Charles Royce five hundred dol.

.lars including the sum of a note of hand that I hold against him for one
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Lucy Ann Mead will

hundred dollars; I give and bequeath to Munson Gregory one hundred

dollars to be paid by a note of hand that I hold against him for one hundred

dollars; I give and bequeath to Platt Gregory one hundred dollars; to my

nephew Philander Patterson and John Patterson each one hundred dollars;

to Lucy Ann Royce daughter of Norton B Royce and to Mary Royce

daughter of Charles Royce each one feather bed one blue flowered coverlet

and one blue kersey blanket to my niece Helen S Gregory one set of deep

blue table crockery ware; to my neice Jane B. Gregory one set of silver

Teaspoons; to Sanford S. Bennet Stephen R Bennett P Pamelia Gregory

and John Patterson I bequeath all the remainder of my household

furniture and books to be divided equally amonst them - and finally after

the payment of all my just debts and after the payment of the above

named legacies and bequests the residue of my property I give and be=

=queath to the American Bible Society-

I hereby nominate and appoint Stephen R Bennett and David

Gregory Executors of this my last will and testament hereby authorizing

and empowering them to adjust release and discharge them [crossed out] in such

manner as they shall deem lawful and right the claim due to me. And

I hereby revoke all former wills by me made. In testimony whereof I

have hereunto set my hand and seal this eighteenth day of May

in the year one thousand eight hundred and fifty

Signed and acknowledged by

said Lucy Ann Mead Lucy Ann Mead {seal}

as her last will and testament

in our presence and signed

by us in her presence

G.T. Sherman

Joseph. Cooper

The State of Ohio Delaware County Ss.

Court of Common Pleas October term 1850 Personally appeared in

open Court George T. Sherman and Joseph Cooper who being duly sworn

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

now decd was by the said Lucy Ann Mead

and Testament of Lucy Ann Mead acknowledged published and declared

to be her last Will and Testament in the presence of these deponents;

that the said deceased was of lawful age that she was of sound and dis=

=posing mind and memory and under no restrainet as they verily believe;

that they subscribed the same as witnesses in the presence and at the re=

quest of the testatrix and in the presence of each other.

Sworn to and subscriber in open G.T. Sherman

Court this 15th day of Oct AD 1850 Joseph Cooper

GW Stark Clerk
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4 Andrew Heminger will

Court of Common Pleas held at the Court House in Delaware on the 15th day

of October AD 1850 before the Honorable O Bowen president Judge and Almon

Stark Caleb Howard and Frederick Avery Esqr his associate Judges of the

Court of Common Pleas in and for the County of Delaware in the State

of Ohio.

This day the last Will and Testament of Andrew Hemminger decd

was produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing and it appearing to the COurt that

the said testator was at the time of executing the same of sound and dis=

=posing mind and memory and acting under no restraint whatever it was

approved and ordered to be recorded. It is ordered that letters executory be

issued to Henry. D. Davy one of the executors in said will named Solomon

Weaver the other executor in said will named having left the Country

upon his entering into bonds in the sum of Four Thousand dollars with

Ezra Davy and Samuel Dowell as security. And it is further ordered that

Oliver Stark George Stiffer and George Snider appraise the personal prop=

=erty of said Estate.

I Andrew Hemminger of the County of Delaware and State

of Ohio being in middling good health and of sound mind memory

and understanding thanks be to Almighty God for the same do make

ordain and publish this my last Will and Testament in manner and

form following that is to say First it is my will that my funeral expenses

and all my just debts be fully paid Secondly I give and bequeath to my beloved

wife Catharine Heminger my whole Estate consisting of the farm upon which

we now live containing about one hundred acres of land and known as lot

thirty five in the first section of the fifth Township and sixteenth range United

States Military lands survey in said County of Delaware and State of Ohio

together with all the personal property by me owned and kept thereon or else=

=where and all the rights credits moneys and effects of every name and nature

which properly belong to me at my decease for and during the whole period

of her natural life if she should so long remain after my decease unmarried.

After a sufficiency of my personal property should be disposed of to pay my

just debts which it is my will that my executors should pay out of

the first moneys that may come into their hands from the sale of property

for that purpose and after the decease of my said wife it is my will

that Catherine Sprague and Marah Weaver heirs of John Weaver deceased

if not had before then to have each of them a Cow and Sophia Weaver

an heir of the said John Weaver is to have two Cows and it is my will

that such portion of my personal property if any as may remain unexpended

be sold for money and the avails thereof be divided equally among such of

my heirs and the heirs of the aforesaid John Weaver deceased as may be then

living and such portion of my lands if any as may remain after the de=

=cease of my said wife unexpended it is my will that it may be sold upon

a credit of one year or more at the discretion of the surviving executors

according to the age necessity and condition of our heirs or such of them

as may then survive taking adequate securities such as is usual in such
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Continued 5

cases and on the reipts receipts of the avails of said land to divide the

money equally among my said heirs and the heirs of the aforesaid Weaver deceased

which may then survive if they are of age and condition lawfully to receive

the same but if my said wife should survive all my said children it is

my will that she should have the whole of my estate unconditionally it is

my will that the said Sophia Weaver is to have no portion part of her portion

unless she should marry but to go to them that maintain her when old.

Thirdly If after my decease my said wife should again marry it is my will

that from that time if any of my said heirs or any of the heirs of the said John

Weaver deceased should then be living that my said wife should receive only such

portion of my said Estate which may then remain unexpended as she would be

entitled to by law had this will never been made and the residue to go

equally to my said heirs and the heirs of the said Weaver deceased as before

stated but if however my said wife should after such marriage survive all my

said children it is my will that she should then receive all my said estate

as before stated unconditionally - and lastly I here ordain constitute and

appoint Solomon Weaver and Henry. D. Davy to be the executors of this my

last Will and Testament revoking and annulling all former wills by me

made and satisfying and confirming this and no other to be my last Will and Tes=

=tament. In testimony whereof I have hereunto set my hand and seal this twenty

seventh day of July in the year of our lord one thousand eight hundred and

thirty seven

Andrew Heminger {seal]

The within will and testament was signed sealed and published by the

within named Andrew Heminger as and for his last will and testament

in presence of us who at his request have hereinto signed as witnesses to the

same

Ezra Davy

SamuEl Dowell

The State of Ohio Delaware County Ss.

Court of Common Pleas October term 1850 personally appeared in open

Court Ezra Davy and Samuel Dowell who being duly sworn depose and say

that the paper before them purporting to be the last Will and Testament

of Andrew Hemminger now deceased was by the said Andrew Hemminger

acknowledged published and declared to be his last Will and Testament

in the presence of these deponents; that the said deceased was of lawful age

that he was of sound and disposing mind and memory and under no

restraint as they verily believe; that they subscribed the same as witnesses

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

other.

Sworn to and subscribed in open Ezra Davy

Court this 15th day of October Samuel Dowell

A D 1850

G.W. Stark Clerk
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 58)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 58)

Description

[page 58]

[corresponds to page 6 of Will Book 3]


6 Levi Meredith will


Special Term of Court held at the Court House in Delaware on the 9th

day of November AD 1850 befor the Honorable O Bowen president Judge

and Almon Stark Caleb Howard and Frederick Avery Esqr his associate

Judges of the Court of Common Pleas in and for the County of Delaware in

the State of Ohio.

This day the last Will and Testament of Levi Meredith deceased was

produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing and it appearing to the Court that

said testator was at the time of executing the same of sound and disposing

mind memory and understanding and acting under no restraint what,

=ever. It is ordered that said will be admitted to Probate and recorded.

And it appearing to the Court that John Watson at the October term

of the Court was appointed administration on said Estate. It is there=

=fore ordered that said John Watson be appointed administrator with will

annexed on his entering into bonds with George A Peck and James

Walker his securities in the sum of Fourteen hundred dollars and that

Cyrus Longshore Squire Wheaton and Crandle Wilcox as heretofore

appointed appraise the personal property of said Estate

Trenton Sep 11th 1850

I publish and ordain this to be my last will and Testament 1st I

will and bequeath unto Mary my beloved wife all my personal

property and real Estate for her own use and benefit as long as she

remains my widow and after that Solomon Walker is to have five

hundred dollars and the rest of the propery is to ^equally be divided between

my brothers and sisters. L. Meredith

We being expressly called to witness the above will and have examined

the Testator and believe him capable of doing the same.

Witnesses Azor Saunders

George Clark


The State of Ohio Delaware County Ss

Special term of Court of Common Pleas held November 9th 1850

personally appeared in open Court Azor Saunders and George Clark

who being duly sworn depose and say that the paper before them purporting

to be the last will and Testament of Levi Meredith now deceased.

Azor Saunders being sworn deposes and says in answer to the questions put

by Mr. Finch. He was acquainted with Levi Meredith for Nos of years

and was called by said Meredith to draw his will on the 11th of Sept

1850 found him quite sick unable to sit up asked Mr Meredith for

his form book Mr Meredith to him it was not at home he set down

to write the will Mr Meredith dictating. He dictated to him to give

and bequeath to his wife Mary all his personal and real estate whilst

she remained his widow. Then to Solomon Walker $500.00 there he stoped

dictating and the will was signed and witnessed by himself and

George Clark. Mr Clark then asked Mr. Meredith what should

be done with the remainder of his property Mr Meredith I think
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 59)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 59)

Description

[page 59]

[corresponds to page 7 of Will Book 3]

Continued 7

answered Oh! I forgot that I wish the remainder to be divided between

my brothers and sisters. The witness then wrote the will now offered for

Probate. Witness further says that Solomon Walker married the niece of

the witness (Saunders) wife. Mr Meredith dictated pretty much word for

word the will as first written I then copied substantially the first paper and

then added the clause disposing of the remainder of the property. After

it was written out I read it to him and asked him if that was his will

and testament he said it was and had been for years. He then set up in bed

with the assistance of Mr Clark and signed the will and witness and

Mr. Clark signed it as witnesses in the presence of the testator. Witness says

the testator was of full age and considered at the time that he was of sound

mind and capable of executing his will and that he did it freely and

of his own accord. Cross examined by the Mr. Sweetser -- I had not seen

Mr Meredith since his sickness until called on to write the will. I think

I was in the house about three hours previous to writing the will and

in Mr Merediths presence about an hour. The only suggestion made to Mr

Meredith with regard to the will was the one made by Mr Clark I did not

see him after drawing the will for about a week I then saw him two

or three times previous to his death I there discovered that he was

a little fleighty at times, at any time by calling his attention by asking

him questions he would answer rationally

Azor Saunders

George Clark examined after being sworn. Have been acquainted with testator

for between 30 and 40 years is connected with testator by marriage. Mr Merediths

mother and his stepmother are sisters Lived about one half mile from Merediths

house. I saw Meredith brother of L Meredith the testator was married to a sister

of witness. And that John Clark brother of witness married a half sister of

testator --- Saw testator for the first week of his (the testators) illness witness

was with testator some days twice a day and most of the time once a day.

Testator was sick and confined to his bed twenty seven days and from two or three

days before the will was made witness was at the house of testator every day

and might for the purpose of seeing that he had the necessary attention

Witness further says that John Watson went for Mr Saunders at the request

of witness to draw up the will in proper form. Testator requesting Mr Saunders

being sent for at the suggestion of witness. Witness was present when Mr

Suanders arrived and when the will was written. Witness was requested by

Mrs Meredith to go into the room where Mr Meredith was and that testator

told witness that he (Testator) wanted him to write him a bit of a will

Witness replied that he did not feel capable of doing such business and

requested testator to postpone the matter till morning. Testator answered

that as he wanted but little written Witness could do it as well as any

body. Witness says that the testator insisted on the matter being finished [crossed out]

accomplished immediately. Witness replied that there was a man in the

other room who could do it better than he witness could Testator then inquired

who it was. Witness told him that it was Mr Suanders and asked tes,,

,,tator if he should ask him to come in and the testator said "Yes" Witness
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 60)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 60)

Description

[page 60]

[corresponds to page 8 of Will Book 3]


8 Levi Meredith will

went into the other room and enquired for Mr Saunders and was told

that he had gone to Solomon Walkers. Witness then asked Mr Watson to

go and ask Saunders to come over and Saunders came over accordingly.

Mr. Saunders and witness went into room together. Witness says that

Saunders asked testator whether he had a form book as he Saunders was

not much acquainted with the forms in such matters. The wife of

Testator then searched for a book of forms belonging to testator but

it could not be found when the testator said that he had prob=

=ably lent it. Mr Saunders then proposed to go home and get

one to which the testator objected saying that he wished the matter

finished immediately. Materials were then furnished and Mr Suanders

proceeded to write the will of testator agreeably to the dication of testator

After making the bequest to his wife the testator remarked that he

wished to give Solomon Five hundred dollars (The said Solomon Walker

was a brother of Mrs. Meredith wife of testator and supposes that he lived

with testator as one of the family) Mr Saunders then turned to witness

and said I suppose he means Solomon Walker to which witness re=

=plied I suppose so Testator then said that he wanted no more written

and then said will was signed by said testator and the said witnesses. But

previous to the signing said will some conversation took place concerning the

form of the closing the will and Meredith wanted it written in the will that

they were witnesses thereto. And after said will was executed the testator

wanted the said witnesses to examine him (Testator) as to his capability of

making a will. Saunders then asked testator whether that was his last will

and testament to which testator replied that it was and that it had been for

several years Witness then asked testator what he intended to do with the balance

of his property as he had only willed Five hundred dollars of it away to which

testator replied that he had forgotten all about it. Testator then said that

he wanted the residue of his property to go to his brothers and sisters (he had no

children of his own) and suggested that the bquest to his brothers and sisters

might be interlined in the will and Mr Saunders attempted to do so but said

he could not do it to make sense of it and said that would make a new one

and went at it. Witness again says that the will was written at the dictation

of the testator. Witness says that the said will was read to the testator

by Mr Saunders previous to the signing. Upon hearing it read he remarked

as above stated that it was his will and had been for years (The paper hereto

attached and marked "A" is the paper or will spoken of as first written)

Mr Saunders then proceeded to write the paper now produced and offered

for probate as the will &c of said Meredith having the paper spoken of as

having been interlined lying before him -- Mr Saunders proposed before

writing the attestation above the names of the witnesses that they should

insert a clause that they (the witnesses) believed the testator to be capable of

making a will Witness objected to this saying that they could testify to

the fact when called on in Court. Mr Saunders however wrote said

attestation as it now is and having signed it himself witness signed

it not willingly but because the testator he knew would become excited
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 61)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 61)

Description

[page 61]

[corresponds to page 9 of Will Book No 3]


Continued 9

if he refused as he was apt to become when his requests were not complied with

Witness thinks that said will was made when the testator was not under the

influence of any one so far as witness knows. Meredith was at the time of ma

king said will between forty and fifty years of age. Qst by Mr. Finch "Was the

testator at the time of making said will of sound and disposing mind and

memory and if you think he was not state your reasons in full for such opinion.

Ans. "I do not think that he was. Question Repeated What were your rea=

=sons for this supposition Ans. I thought that it was strange that the testator

knowing me so well and what sort of a scribe I was should ask me to do it

and upon my declining saying that he only wanted a little bit of a will

made and that I could do it as well as anybody Q- What further reason have you for

your opinion Ans - I thought strange that he should have forgotten about the ba=

lance of his property Q "What else" Think that the day the will was made

or the day before the testator wanted his friends to take him into Harlem Town-

=ship because he said he was able to go and wished to go - that he wanted to go

to John Gorsuchs Testator was not then able to sit up in bed - Testator often

said that he wished to go to Gorsuchs as he was an old friend and that he

(Testator) had often preached there Gorsuch lived seven or eight miles distance

These are all the reasons I have as I recollect previous to making said will.

Other incidents occurred about a week after making the will. A clock in ^the house

having stopped striking testator wanted witness to fix it and on witness say=

=ing that he could not do it testator replied that he could and asked

for his pantaloons said he would get up and help witness to do it.

Testator's wife asked him about a week or a little more over after the making of said

will who he wanted to settle his business when testator replied that he would

settle it himself Question by Mr. Finch, do you recollect anything the day

the will was written except what you have already stated that led you to think

that he was not of sound mind "Answer' generally every day something occurred

which led me to think that he was unmindful of his real situation from and

after the first week of his sickness witness is unable to fix upon any particular

incident which occurred that day other than as above stated the instances I refer ^to are

such as these he wanted to get up said that there was nothing the matter

with him and that his situation was good and that he could go into the

kitchen and eat as hearty a meal as any of them and that these things

more generally occurred when aroused but not always. On the evening that

the will was made he was thought by his friends to be worse and

at the time the will was executed there was a coucil of Physicians

being held in another part of the house Question by Mr Finch was the

willed signed in presence of the witnesses Answer it was read to him

and signed by him and signed by the witnesses in his presence Question

by Mr Sweetser did you hear him say anything about his business

after the will was made "Answer by witness" I did not. Have you any

interest directly or indirectly in the will or estate of testator "Answer"

he has not

George Clark
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 62)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 62)

Description

[page 62]

[corresponds to page 10 of Will Book 3]


10

The following is the paper marked "A" referred to in a foregoing deposition

made by Clark

"Trenton Township September the 11th 1850

I publish and ordain this to be my last will and testatment I will

and bequeath to my bloved wife Mary all my personal property and real

estate for her own use and benefit for to have and to hold as long as she

remains my widow Secondly I give unto Solomon Walker five hundred

dollars and the balance of [illegible]

L. Meredith


We being expressly called to witness

this last will and testament

are witnesses of the same

Witnesses (Azor Saunders

(George Clark


Sworn to and subscribed in Open Court G W Stark Clerk
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 63)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 63)

Description

[page 63]

[corresponds to page 11 of Will Book 3]

,,11,,

Court of Common Pleas held in Delaware on the 21st day of February AD 1851 before the

Honorable O. Bowen President Almon Stark, Caleb Howard and Frederick Avery Associate

Judges of the Court of Common Pleas in for said County of Delaware in the State of Ohio

This day the last will and testament of John Sherman deceased was produced

in Open Court and proved by the testimony of the subscribing witnesses

thereto ^and others as reduced to witnesses and the Court after hearing the

testimony therein as per file do order that said will be admitted

to probate and recorded. And the Court further order that

Samuel Shoemaker be appointed Administrator with the will

annexed. Said Administrator is ordered to enter into bonds in the

sum of Seventy five hundred dollars with Jacob Shoemaker,

Seth Slack and Samuel Eckles as security or any two of them

at the direction of the Clerk. And it is further ordered that

E L Gavit Robert McGonigle and Thomas Barton appraise

the personal property of said Estate.

"In the name of the Benevolent Father of All

I John Sherman of the County of Morrow in the State of Ohio

do make and publish this my last Will & Testament

First that my just debts be paid out of my personal property

Second That I give and bequeath unto Adam Shearman in

Oxford Township of the County of Delaware & State aforesaid

all my personal property after paying said debts. Also a lot

of land in said Delaware County. All the balance of Lot No 12.

excepting what I sold to Henry Lamb & Sherman Finch/

in 18 Range US School lands_I also bequeath unto

Alvah Shearman all the land I own in Lot No. 18 in the above

18th Range US Military School lands in Morrow County Ohio

Bounded on the West I Jacob Shoemaker on the South Thomas

Barton & on the North by Joshua Hodge. with all the improvements

and appurtenances belonging- I do hereby revoke all former wills by me made-

In testimony whereof I have set my hand and seal

this 9th day of February 1851." John Shearman

Signed.Sealed & acknowledged as his last Will testement

in our presants & Signed by us in his presants

Alvah Patee

Geo. S Pennell

The State of Ohio Delaware County

Court of Common Pleas Special Term Feby 21st 1851.

Personally appeared in open Court Alvah Patee Geo S

Pennell J H McNeely and Jonathan Nichols who being

duly sworn were examined as follows with regard to the paper

purporting to be the last Will & testament of John Shearman decd

"Alvah Patee of Delaware County being duly sworn as herein after

certified deposed and says as follows.. "S Finch atty for deceased
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 64)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 64)

Description

[page 64]

[corresponds to page 12 of Will Book 3]

"12"

QueS. "Did you Sign your name to that paper now handed

you pruporting to be the Will of John Sherman'

"AnS _ Yes"

"QueS" Did you see the testator John Sherman sign it with

his own hand"

AnS "I did"

QueS" Who reduced that will to writing

AnS" I did

QueS" Who were present beside yourself at the time the Will

was written and signed"

"Ans" Esq Pennell was there part of the time I was writing

and when it was signed

Ques,, " Who else was there"

AnS" P L Green was there part of the time but whether all the

time I cannot say. as folks were going out and in

Ques" What members of the testators family were in the

room when you were reducing the will to writing

Ans. I cant say that I can recollect the names of all that

were there a part of the time the most of then were there

and then they would be out. Adam I think was there"

Ques" "Was this will read over to the testator before he signed

it & if so by whom

"Ans "It was. by myself

Ques." Who told you how to write it

Ans,, The testator

Ques" What did he say when you read it to him

Ans" He said it was correct

Ques,, What time of day was it. 'tis dated the 9th day of

February. Was that the time it was written

Ans,, Yes Sir

Ques'' Was it before Noon or after

Ans, Along near Noon

Ques" Was he of full age

Ans Yes Sir

Ques" Have you any knowledge or reason to believe that

there was any improper influence acting on the testator or was

he under any restraint

Ans" I dont think there was. He told me several times that

he wanted me to write his will & how he wanted it written & I

wrote it as he has previouslyv& at the time told me

Ques" Was the testator in your opinion at the time he executed the

Will of sound & disposing mind memory or not"

"Ans. "I think he was. I saw nothing but what was perfectly

sane. He seemed particular & careful in signing it in this that

when the ink ran out he filled up the pen & finished his name

He was at the time talking to his boys. and to George he said some
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 65)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 65)

Description

[page 65]

[corresponds to page 13 of Will Book 3]
"13"

thing about a yoke of oxen & other matters of buisness at the time

the Will was signed. His conversation as to matters of business

[illegible] a sane State of mind

"Ques. " Had you seen him within the last few days before you

wrote the Will

Ans" I had seen him once before and Wm Sherman shook

hands with me

"Ques. "When you saw him did you see anything but what was perfectly sane?

Ans " I did not"

Ques" Did you sign that will in the presence of the testator

and in the presence of the other witness"

Ans " I did

Ques " Did he sign it in your presence"

Ans " He did

Ques " Were any physicians there at the time you was"

Ans " I think there was not at the time I was Dr. White

perhaps was there the same day"

W.P. Reid Esq as Atty contests the will in behalf Patsy Sherman

John Sherman Jr,, & the unknown heirs of John Sherman,

F Finch Atty for deceased objects that Patty Sherman &

John Sherman Jr are not heirs of John Sherman & are not

interested & further objects to Mr,, Reid's appearing for the

unknown heirs of John Sherman deceased because he has

not been employed by them"

"Mr,, Patee Cross examined

Ques" How long have you known John Sherman deceased

Ans" I think about twenty five years. I can't say exactly

Ques " "Where has he resided during this time"

Ans. "At different places. Most of the time near the place

of his death

Ques " At whose house was Mr,,Sherman at the time he made

this will

Ans. "At the house of his son John Sherman Jr,, "

Ques. "How long previous to this time had John Sherman

decd been a dissipated man"

Ans. "He has made frequent & almost constant use of

intoxicating liquors for the last ten or twelve years or more

for two or three years past than before I never saw him down

drunk but a little intoxicated frequently-I know that he gen-

-erally kept liquor & he has frequently offered it to me

Ques "How many other children had he raised there that he

recognized as his own children besides Adam and Alva.

Objected to by S Finch

Ans " "There were more children raised by him but I cannot say

that he recognized them all as his own children. The day he signed
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 66)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 66)

Description

[page 66]

[corresponds with page 14 of Will Book 3]

,,14,,

the will there was some dissatisfaction murmered by

some of them, and he told them that he did not know that

any of them were his children and indeed before that I had

heard him say something similar

Ques" "But at times did he not recognize them all as his

children"

Ans " I don't recollect that I ever heard him say that he

recognized them all as his children_ I have heard him say

that he did not recognize them all as his children [these three words stuck out] but I know

they all lived there together as other families

Ques" When you heard him deny those children was his

mind not in a frenzied state from drunkeness or other cause

Ans" There appeared to be some irritation of his mind when

he was in liquor he was out of humor frequently & boisterous

Ques" How old is his youngest child

Ans " I cant say exactly, but some 8 or 10 years old,

under fourteen anyhow_her name is Elizabeth Sherman

Ques "When was this will written

Ans. "February 9th 1851 on Sunday

Ques " Who came after you to get you to write that will

Ans " I can't recollect who came, but I think it was Adam

one of the devisees at that time

Ques " Did not he appear before this time very anxious to get

the old man to make a will_did he not speak to you about it

Ans " All I know about it was that he called on me to go and

write it_ I think I went along with him. or soon after

Ques" After you got to the house where old man Sherman lay-

who told you first how to write this will

Ans" Mr. Sherman told me that he wanted the will so wrote as

to give Alva the homestead & Adam all the personal property

& the balance of the lot near town from which Miss. Finch &

Lamb bought a piece. While I was writing the old man gave

me the number of the lots_ the deeds were not there. and

I only put in the township name & number of the lot according

to the old man's direction

Ques " Was the old man very weak at the time you wrote the will

Ans " No, he sat on the edge of the bed some half hour & ate Some

thing

Question " At the time he made the will was hw as well as he was

that day the day before and after

Ans " The day before he was not as well as that day & the next

day & the next day he was not so well as on that day

Quest " Who sent for Mr Pennell to come there & witness the will

Ans " I can't say. I think he came to my house & I went with

-at the time the will was written
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 67)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 67)

Description

[page 67]

[corresponds to page 15 of Will Book 3]

,,15,,

Ques" "Who asked you teo witnesses to attest that will"

Ans " "I can't say that any body did. but being employed to write

the will. I considered it a part of my duty. So I signed it as a

witness & hand it to Mr. Pennell & he signed it"

Ques " When did he die

Ans " The Friday morning following the Sunday I wrote the

Will

Ques " Did John Sherman the testator see you sign the will

Ans "He did the will was on his lap and I signed it there

immediately after the testator did. Whether Mr. Pennell signed

it while in his lap I cant say

Ques" "After the will was signed, did you not make a

Slight alteration by punctuation of something or other

Ans " I did not"

Ques "Who dictated the will "

Ans. "The decd" John Sherman

Ques" Who told you to write. "In the Benevolent Father of all"

Ans. No one"

Ques " Who told you to put down "I john Sherman do

make & publish this my last will & testament

Ans "No one" the formal part of the will I put down myself

Ques " Did he say anything to you about putting in the clause

of "paying his debts out of the personal property"

Ans " I don't recollect whether anything was mentioned

about it. I put it in as a clause that is usually put in. and

after it was in I read it to him & he said it was correct"

Ques. "Who directed you to have the will say. "I give and

bequeath to Adam Sherman in Oxford township the County

of Delaware & State aforesaid all my personal porperty after

paying said debts"

Ans " It was told by Mr Sherman that Alva was to have

the homestead & that Adam was to have the personal prop=

=erty & the piece of land near town- Mr. Sherman gave me

Ques" Did Mr. Sherman give you yhe number of the lots

range etc "

Ans" He gave me the number of the lots " I know the

Range & Township-the Section I did not know, and the

deeds not being there, they did not know it

Ques "Who directed Sherman to get up & sign his name to the

Will

Ans " No one" He was up & sitting on the side of the bed

I laid the will on "Swan's Treatise" & laid it in his lap & he

signed it

Ques " After this will was written did you not write another one

or two- Ans" I wrote another one next day & the circumstances
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 68)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 68)

Description

[page 68]

[corresponds to page 16 of Will Book 3]

16

under which it was made are these. I recollected of hearing

Mr. Sherman before that time say that he has a lawful

daughter who had been married to a Mr. Gladcock, so thinking

that the will I had already written would not be good unless

that daughter was provided for. I spoke to Adam about it

and it was agreed that I had better write another will which

I did. and Adam told me that the old man said to put in a

a legacy of $5.00 to this daughter, but the next day the old man

had a bad spell and it was not presented to him. He did not

seem to be much worse mentally but physically-I then

heard that the daughter was dead and thinking it was not

necessary to provide for her heirs and the old man having a fainting

spell, thr new will was not presented to him for his signature

Ques " Dont you know that at thr time the will was written & signed

that the old man was intoxicated and that he had a jug of liquor under the bed-

was he not intoxicated. and that he had a jug of liquor under the bed

was he not intoxicated

Ans " I did not know of any thing of the kind

Ques " Don't you know that John Sherman has been an

habitual drunkard for the last three or four years

Ans "I know that he has been in the habit of drinking-but

I never saw him down drunk. I never saw him so high but

what he would trade & traffic but he always done it with a

different air & more talk"

Ques. " Don't you know that for several years past that

Adam has had more influence on him than any of the rest

of the family

Ans " "He always thought more of Adam than any of the boys

and had more confidence in him but whether he had more influence

over him or not than the rest of the boys I cannot say perhaps

he had"

Ques " When Sherman was under the influence of liquor was

he not very abusive to his family & use the most opprobrious

epithets toward them and others

Ans " When any body crossed him, he was displeased & would

tear away pretty rapidly"

Ques,, "How old was he when he died

Ans " About 65"

Ques. How many years was he dissipated

Ans." He drank some for 10 or 12 years but more for 2 or 3

years past than before

Ques " How long was he confined to his home before he died

Ans " I was at home only a few days before he died & therefore

cant say "

Re examined as to last answer

Ques " Was Mr. Sherman the testator & the woman he lived
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 69)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 69)

Description

[page 69]

[corresponds to page 17 of Will Book 3]

with & mother of their children reputed to be man & wife or as far

as your knowledge extends do you know them to have been such

or did they ever claim to have been lawfully married

Ans,, I was understood for some 20 years that they were not married

I recollect of hearing that he talked about binding the children out

& she said she had never [sworn?] them on him. At another time I heard

that they had a difficulty and she threatened to sue him for

her wages-it was generally understood in the neighborhood that

they had never been married"

Objection to question & answer

Ques Do you not know that they were recognized as man &

wife in the Neighborhood Aid not respectable folks visit them

& did they not visit respectable folks in the Neighborhood"

Ans " They were considered not as man & wife but lived together

as man & wife-I dont know that they ever visited anybody.

I have been there myself frequently"

Ques " Dont you know that the reason Mrs Sherman talked

of leaving him was that he was an abusive man toward her"

Ans_ They both claimed the other was to blame - folks generally

however considered him to blame "Some contended otherwise

Ques. Don't you know that the reason the old man thought

most of Adam was because he took sides with hom when the

old lady & man would get into disputes

Ans. No. I dont know_I believe Adam would trust the old

lady with his money in preference to the old man & further saith not

,,A. Patee.

Also George S Pernell of Delaware County being duly Sworn

as hereinafter certified, diposes as follows

Ques" Were you acquainted with John Sherman late of Oxford

Tp,, in this County"

Ans " I was "

Ques "Were you present when John Sherman Signed the paper

just handed you as his will

Ans. " I was I saw him write his name to it." and signed it

as a witness in his presence and in the presence of the other

witness Mr. Patee. I heard Mr. Patee read the will to Mr.

Sherman. I heard him give his assent to the will. I dont

recollect the words he used but he expressed his consent. He was

under no restraint of full age of sound & disposing mind &

memory "

Cross Ex-

Ques " How long have you known Mr. Sherman "

Ans " About 8 months

Ques " Ever since you have been acquainted with him, has

he not been universally regarded as an habitual drunkard "

Ans" As fas as my acquaintances goes. I think he has been
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 70)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 70)

Description

[page 70]

[corresponds to page 18 of Will Book 3]

,,18,,

considered a man who used too much intoxicating liquor "

Ques. "Is it not generally considered in the neighborhood that

he was in the habit daily of using too much intoxicating liquor

Ans " I cannot say, as my acquaintance in the neighborhood

is not very extensive "

Ques " Mrs sent for you, or who spoke to you about witnessing

the will

Ans " Mr Green spoke to me about it first in company with

Adam Sherman the divisee "

Ques" Did any one request you to sign the will as a Witness

Ans " No one in direct words. After Patee signed it he handed

it to me in the presence of Mr. Shherman and I also signed it

Ques " You were not acquainted with Mr. Sherman before

you went to attest the will, were you;

Ans" About 8 motnhs I had been acquainted with him-I

saw him quite frequently

Ques,, "Did he appear to have the same strength of mind that

he had before

Ans "I think he had

Ques" Did Sherman at the time he signed the will have the

same degree of strength of mind that he had before & after

Ans "So far as I am able to judge he had the same degree of

strength of mind that he had during my former acquantanse

with him. As to the state of his mind a day or two afterwards

I am not so well satisfied as to its sanity. And further this

deponent saith not" Leo S Pennell

Also James H McNeely of Morrow County Ohio

being first duly sworn deposed as follows

Ques" "How long have you known Patsy Sherman & John

Sherman decd "

Ans " Ever since I can remember, brought up in the same

County in Va,,

Ques " How old are you"

Ans " Fifty years last Sept"

Ques " How were John Sherman & Patsy Sherman regarded

in 1814 or thereabouts"

Ans " About 1814 or 15 they ran off to Maryland to get married

as was said, but whether they did or not I cant say.

Ques" After this elopement did they not go to his mothers

in Virginia in the same County and there lived & were they not

considered as man & wife

Ans" I was there at their house and they lived together as Man &

Wife, & it was generally considered that they lived together as man &

Wife, but I cannot say whether they were man & wife or not

Ques" Have you not been acquainted with them ever since that

time" Ans,, "I have been in their house often. I have lived in

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 71)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 71)

Description

[page 71]

[corresponds to page 19 of Will Book 3]


"19"

their immediate neighborhood with the exception of 3 or 4 years

for 23 years

Ques" Have they not always been recognized by their neighbors

as Man & Wife, have they not been visited by their neighbors &

visited them

Ans" The neighbors called him Mr. Sherman & her Mrs Sherman

but whether or not they thought they were married or not I cant say

The children were all called Sherman & their was a large family

of them. The respectable families, their neighbors, have been

there at weddings & I have been there

Ques has not John Sherman been an habitual drinker for years

Ans " As a general thing he would drink more or less liquor

every day

Ques " A year or two previous to this death, did he not use

a great deal of liquor-was he not in the habitual use of a

great deal of liquor "

Ans " It was generally considered so in the neighborhood"

Ques "How long before his death had you seen him

Ans "I saw him the day before he died & a week or two before

he made his will "

Ques "What in your opinion was the condition of his mind

at these times "

Ans " I did not speak to the day before he died, he was so

deranged_the time I called before he made the will, I

did not think he was the same John Sherman as he used to be

I did not think he talked with the same rationality that he

had formerly when he was well & hearty_Whether it was

from opium or disease I cannot say_the reason I

mentioned opium is that he told me that he had been

using opium to quiet pain-from his conversation I came

to the conclusion that he was not of so good judgment as

formerly- I dont say that he was insane-He said he wanted

to live until Adam got back from California-that he

wanted to sell all his property to Adam, and that he would

take his obligations & that when he thought he was going to

die he would burn them up

Ques " Do you know whether or not when you visited him

he had a jug of whiskey at the head of his bed

Ans " I cant say

"Cross .Ex"

Ques" At the time he went from Virginia to Maryland to

get married as was thought, was it not generally understood

that he had a wife that he did not live with"

Ans " I believe that was the case. I heard such talk"

Ques" Have you not heard that Sherman was not married

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 72)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 72)

Description

[page 72]

[corresponds to page 20 of Will Book 3]

,,20,,

to the woman he lived with when he died

Ans " I have heard Sherman say that they were not married

but heard her say so_ the general opinion was that

they were not married & further this deponent Saith not"

P.A.McNeely

"Also Jonathan Nichols of Delaware County being first

duly sworn deposes as follows

Ques" How long have you known John Sherman & Wife

Ans" About 30 years"

Ques " Have they lived during that x together as man & wife

& been so regarded"

Ans " They have until within a few years"

Ques "Did you marry one of the daughters of these two persons"

Ans' I did "

Ques" At whose house were you married"

Ans " John Shermans"

Ques " At whose consent did you get this daughter in marriage "

Ans "By the consent of John Sherman & Patsy Sherman "

Ans "Has old Sherman been a troublesome man-very abusive

Ques " He has " & further this deponent Saith not"

Jonathan Nicholas

Subscribed and Sworn to in open Court this 21st day of

February AD one thousand Eight hundred and fifty one

G.W. Stark Clerk
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 73)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 73)

Description

[page 73]

[corresponds to page 21 of Will Book 3]

John Curren decd. Will,, 21

Plea held at the Court House in Delaware, in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard and

Frederick Avery his associates, Judges of the Court of Common

Pleas in and for said County & State on the 22nd day of March

AD 1857.

"This day the last will & testament of John Curren decd,,

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing. And it

appearing to the Court from said testimony, that said testator

was at the time of executing the same of sound & disposing

mind & memory and acting under no restraint whatever

It is ordered that said Will nad testamony be recorded"

Which Will & proof are as follows to wit

" In the name of the Benevolent Father of All

I John Curren of Delaware County State of Ohio do make

and publish this my last will and testament

Item First "I will that my legacy in my father Joseph

Currens deceased Estate leighing being in the County of

Delaware and State of Ohio, containing between twenty two

and twenty three acres of land be sold and my funeral expenses

and legal debts be paid, and the residue of the money be equally

divided amongst my several children to wit Mary Curren

Martha Curren, Susannah Curren, John Curren and

Synthe Ann Curren- Item Second. I will my Woman saddle

to my daughter Mary Curren, and one bed and bedding to

my daughter Martha Curren, One Bed & bedding to my daughter

Susannah Curren, and one bed and bedding to my daughter

Synthe Ann Curren- Item third. I do hereby nominate

and appoint Stephen Curren and Silas H Cleveland

Executors of this my last Will and testament hereby

authorizing and empowering them to compromise, adjust,

release and discharge in such a manner as they may deem

proper the debts and claims due me. I do also authorize

and empower them, if it shall be necessary in order to pay my debt

to sell by private sale or in such a manner upon such terms of

credit or otherwise as they may think proper, all or any part of

my real estate, and deed to purchases to execute, acknowledge

and deliver the same in fee simple

In testimony whereof I have hereunto set my hand and Seal this

twenty second day of February in the year Eighteen hundred and

fifty one" John Curren Seal

"Signed and acknowledged by John Curren as his last will and

testament in our presence and signed by us in his presence

"James Brown, Silas H Cleveland, Robert Curren
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 74)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 74)

Description

[page 74]

[corresponds to page 22 of Will Book 3]

22.

The State of Ohio Delaware County SS.

Court of Common Pleas March Term AD 1851

Personally appeared in open Court, James Brown and

Robert Curren, who being duly sworn dispose and say that

the papers before them purporting to be the last will and

testament of John Curren now deceased, was by the said

deceased acknowledged, published and declared to be his

last will and testament in the presence of these deponents

that the said deceased was of lawful age, that he was of

sound and disposing mind and memory, and under no

restraint as they varily believe-that they subscribed the

same as witnesses on the presence and at the request of

the testator and in the presence of each other "

James Brown

Robert Curren

Sworn to and subscribed in open Court this 20th day of March AD 1851

G.W. Stark Clerk




Evan Evans decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associate Judges of the Court of Common Pleas

within aforesaid County in the 22 day of March AD 1851.

"This day the last will & testament of Evan Evans decd

was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and

it appearing to the Court from such testimony, that the

testator was at the time of executing the same, of sound and

disposing mind and memory and acting under no restraint

whatever. It is ordered that said will and testimony be recorded

"Which will and proof are as follows to wit

"I, Evan Evans of Radnor Township in the County of Ohio

Delaware and State of Ohio do make and publish this my

last will and testament in manner and form following , that

is to say- First, it is my will that my funeral expenses and

all my just debts he fully paid-Second- I gave, devise and

bequeath to my beloved wife Mary Evans in lieu of her

dower the plantation on which we now reside, situated in

Radnor Township being surveyed off of west end of Lot

No 6 in Range No 20, Township No. 6. and Section No 4

US Military lands in said County & State, being the same
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 75)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 75)

Description

[page 75]

[corresponds to page 23 of Will Book 3]

23

tract of land formerly owned by John Jones, Mason. Also

all my personal property of every description during her

natural life - Third I give and devise to my eldest son

Robert Evans the farm above described, his heirs and assigns

in fee simple forever, at the death of my said wife

Fourth. All my personal property at the death x my wife

Mary Evans to be divided equally between my grandson

Evan Roberts and my daughters Elizabeth Thomas, Sarah

Evans, Ann Evans, and Margaret Evans. provided that

they pay my son William Evans the sum of Five dollars

Also my daughter Mary Hughes the sum of Five dollars

And lastly I hereby constitute and appoint my wife said

Mary Evans to be the Executor of this my last will and

testament recording and annulling all forms wills by me

made, and ratifying and confirming this and no other to be

my last Will and testament_ In testimony whereof I

have hereunto set my hand and seal Sixth day of August

AD 1850. " Evan Evans [seal]

Signed, sealed, published and declared by the above named

Evan Evans as and for his last will and testament in

presence of us who at his request have signed our names

as witnesses to the same " John T Rowland

Abraham Lloyd

The State of Ohio In Court of Common Pleas

Delaware County ss March Term 1851

Appeared in open Court John T Rowland

and Abraham Lloyd who being duly sworn upon their oaths

depose and say that they were well acquainted with Evan

Evans in his lefetime, lete of the said County now deceased

and that the paper now here produced purporting to be the

last Will and testament of the said Evan Evans hearing date

the 6th day of August 1850 was on the day of the date thereof

Signed, published and declared by the said Evans as his said

Will & testament- That the said Evans then and there in the

preence of these deponents as witnesses signed the same, and

they at his request and in his presence and in the presence of each

other signed their names severally thereto as witnesses_That the

said Evan Evans was then of Sound mind & memory and acting

under no restraint, and was then of about Seventy years of age

Abraham Lloyd

John T Rowland

Sworn to and subscribed before me in open Court March 20 ~ 1851

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 76)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 76)

Description

[page 76]

[corresponds to page 24 of Will Book 3]

24 James Alexander decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associate Judges of the Court of Common Pleas

in and for said county on the 22" day of March AD 1851.

"This day the last will and Testament of James Alexander

decd was produced in open Court and proved by the testimony

of William Darst one of the subscribing witnesses thereto

as reduced to writing / the other witness thereto Ralph

Davenport having since deceased/and it appearing to

the Court from said testimony that the testator was at the

time of executing the same of sound and disposing mind

and memory and acting under no restraint whatever

It is ordered that said will and testimony be recorded

which will and testimony are as follows to wit

"August the 11th 1841, I, James Alexander of Troy Township

in the County of Delaware in the State of Ohio, do make

this my last will and testament,, viz.- First, My will is

that all my lands and tenements goods and chattels, notes

bonds and moneys may be equally divided to and among

the following persons as heirs in Succession except to that is herein after

provided viz-First, one fifth part to be equally divided

between my daughter Jane and her daughter Mariah Willey

Secondly one fifth part paid to my daughter Margaret

Thirdly one fifth part paid to my daughter Ann

Fourthly one fifth part to my daughter Sarah

Fifthly one fifth part to be equally divided between my

grandson James B Alexander and John Alexander, heirs

of John Alexander deceased, in case they shall both live, but

in case one should survive the other, then the aforesaid fifth

part I bequeath to the survivor"

Signed, Sealed and declared by the said testator as and for his

last will and testament in the year of our Lord 1841

In presence of us James Alexander [Seal]

William Darst

Ralph Davenport,,

"The State of Ohio Delaware County ss,,

Court of Common Pleas March Term AD 1851

Personally appeared in open Court William Darst one of the

subscribing witnesses to the last will and testament of James

Alexander deceased / the other being dead/who being duly sworn

deposes and says that the paper before him purporting to be the

last will and testament of James Alexander now deceased

was by the said deceased acknowledged, published, and declared

to be his last will and testament in the presence of said deponent

that the said deceased was of lawful age, that he was sound

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 77)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 77)

Description

[page 77]

[corresponds to page 25 of Will Book 3]

25

and disposing mind and memory, and under no restraint as

he verily believes, and that he subscribed the same as witness in

the presence and at the request of the testator

William Darst

Sworn to & Subscribed in open Court this 15th day of March AD 1851

G.W. Stark .Clerk.

John Bury dec. Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard, and Frederick

Avery his Associate of the Court of Common Pleas in

and for said County and state on the 22nd day of March

AD one thousand Eight Hundred and fifty

"This day the last will and testament of John Bury decd

was produced in open Court and proved by the testimony of the

Subscribing witnesses therrto as reduced to writing, and it appear-

-ing to the Court from said testimony that said will was duly

executed and attested and that the testator was at the time

of executing the same of sound and disposing mind and

memory and not acting under any restraint, it is ordered

that said will and testimony be recorded_ Whereupon Henry

Stith the Executor in the will named being a witness to the same

in an open Court relinquished his right to act as Executor, and

thereupon on application the Court appointed Anna Bury the

Widow Administratrix with the will annexed- It is therefore

ordered that Letters testamentary be granted her upon her witnessing

into bonds in the sum of Thirty four Hundred dollars, with

Henry Stith and Amos Utley as security. And it is further,

ordered that Daniel D. Stith. John Thomas and George Clark

appraise the personal property of said Estate"

Much will and testimony are as followed to my

"I John Bury of the County of Delaware in the State of

Ohio do make and publish this my last will and testament

in manner and form following that is to say

First it is my will that my funeral expenses and all my just

debts be fully paid. Second I give devise and bequeath to my

beloved wife Anna Bury in lieu of her dower, awl the house,

=hold and kitchen furniture and there unto appertaining... Also the

sorl mare and the Buggy and Harness and the lead cow.

Also Three Hundred dollars in money at her disposal

Fourth_ I give and devise to Sarah Nelson, the wife of

Elias Nelson the some of Fifty dollars after the death of Anna
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 78)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 78)

Description

[page 78]

[corresponds to page 26 of Will Book 3]

Bury_Fifth I give and devise to Joseph Caufman, the

some of One Hundred dollars to be death of Annah Bury

my wife_Sixth I give and devise to Jacob Bury

an Anis, the some of One Hundred and twenty five dollars

after the death of Annah Bury my wife- Seventh, I give

and devise to Mary L Johnson daughter of John Johnson

the some of Fifty dollars after the death od Annah Bury

And lastly I hereby constitute and appoint Henry Stith to

be the Executor for this my last will and testament, revoking

and annulling all former wills by me made and ratifying

and confirming this and no other to be my last will and

testament_ In testimony whereof I have hereunto set

my hand and seal this 8th day of February in the year of

our Lord 1851. " John Bury [seal]

Signed, published and declared by the above named John Bury

as his and for his last will and testament in the presence of

as who at his request have signed the same as witnesses to the

same " James D Stith, Henry Stith

" Be it known that I Henry Stith do here in open Court

decline acting as Executor of the above will which resignation

is accepted by the Court, March 18 1851

Henry Stith,,

"The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851

Personally appeared in open Court James D Stith and Henry

Stith who being duly sworn depose and say that the paper

before them purporting to be the Last Will and testament of

of John Bury now deceased, was by the said John Bury

acknowledged, published and declared to be his last will and

testament in the presence of these deponents, that the said

deceased was of lawful age, that he was of sound and disposing

mind and memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence and

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

James D Stith

Henry Stith

Sworn to and subscribed in open Court this 18th day of March AD 1851

GW Stark Clerk



Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 79)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 79)

Description

[page 79]

[corresponds to page 27 of Will Book 3]

Edmond Cockrell decd Will 27

Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard and

Frederick Avery his Associate Judges of the Court of Common

Pleas within and for said County and State on the 22d day of

March AD One thousand and Eight hundred and fifty one

"This day the last Will and testament of Edward Cockrell

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and it

appearing to the Court by said testament that said will was

duly attested and executed, and that the said testator was at the

time of Executing the same of sound and disposing mind and

memory, and acting under no restraint whatever. _It is

ordered that said Will and testimony be recorded_Whereupon

Anna Cockrell the Executrix in said will named. appeared in

open Court and signified her acceptance of the trust of executing

said will_ It is therefore moved that letters testamentary be

granted her upon her entering into bonds in the sum of Eight

Hundred dollars with James Cockrell and Elam Blain as

security. And it is further ordered that Relief Adams, Byron

Jenkins and Bierce Roberts appraise the personal property of

said Estate"

Which will and testimony are as follows to wit

"In the name of the Benevolent Father of All

I Edward Cockrell of x Township of Harlem of the County of

Delaware and State of Ohio do make and publish this my last

Will and testament_Item 1,st. I give and devise to my

beloved wife inlieu of her dower the farm on which we now reside

situate in Range Sixteen/16/ Section Second/2/Township

three/3/ in the County of Delaware Ohio, containing about

thirty acres during her natural life, or so long as she remains

my widow, and all the stock, Horses, Housesold goods, fur=

niture, provisions and other goods and chattels, as many

Cows as she may require for her support which may be therein

at the time of my decease, during her natural life as aforesaid

She however selling so much thereof as may be sufficient to

pay my just debts. At the death of my said wife, the real

Estate aforesaid and such part of the said personally property
x
or the proceeds thereof as thay then remained unconsumed and

unexpended _ I give and devise to my children Elizabeth

Edwards, Sarah Mullen, Susannah Polten, Mary Jane

Edwards, James Monroe Cockrell, Dianna Green Nancy

Patterson, Lucinda Cockrell, Malinda Cockrell, Martha Cockrell

Mary L Cockrell and their heirs forever

Item 2nd, I do hereby nominate and appoint my beloved wife of

Guardian of my daughters, Lucinda Cockrell, Malinda Cockrell

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 80)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 80)

Description

[page 80]

[corresponds to page 28 of Will Book 3]

28

Martha Cockrell and Mary S Cockrell until the said

Lucinda Cockrell, Malinda Cockrell, Martha Cockrell &

Mercy Cockrell arrive at the age of Eighteen years

or intermarries_ but in case my wife should again marry her

guardianship of said children shall cease and determine upon

her intermarriage_ In testimony where of I shall have hereunto

set my hand and seal this twenty Eighth day of February in

the year of Our Lord One thousand Eight Hundred and fifty

one " his
Edward x Cockrell [seal]
mark


Signed and acknowledged by said Edward Cockrell

as his last Will and testament in our presence and

signed by us in his presence " George Titus

John Miller

"I do hereby certify that the word "Chattels" on the thirteenth

line was made before the signing and acknowledging of the this

will._ this twenty eighth day of February 1851.

Elam Blain J.P.

The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851.

Personally appeared in open Court George Titus and

John Miller who being duly sworn depose and say, that

the paper before tham purporting to be the last will and

testament of Edward Cockrell now deceased was by the

said Edward Cockrell acknowledged published and

declared to be his last will and testament in the presence of

these deponents_that the said deceased was of lawful age

that he was of sound and disposing mind and memory, and

under no restraint as they verily believe_that they

subscribed the same as witnesses in the presence and at the

request of the testaator and in the presence of each other

John Miller

George Titus

Sworn to and Subscribed in open Court this 18th day of March 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 81)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 81)

Description

[page 81]

[corresponds to page 29 of Will Book 3]


Parthenia Coulter decd Will 29.

Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark Caleb Howard and

Frederick Eager his Associates, Judges of the Court of Common

Pleas within and for said County and State on the Nineteenth

day of March AD one thousand Eight hundred and fifty one

"This day the last will and testament of Parthenia Coulter

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing, and

ordered to be recorded

"In the name of the Benevolent Father of all

"I Thena Coulter of Genoa Township, and of 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 be paid out of my Estate

Item. I give and devise all the residue of my estate to Samuel Coulter my

husband, to be to him and his heirs forever

Item I make and appoint the said Samuel Coulter

Executor of this my last Will and testament-

In testimony whereof I have hereunto set my hand and Seal

4th day of November in the year 1850"

her
Parthenia x Coulter [Seal]
mark

Signed and acknowledged by said Thena Coulter as

her last Will and testament in our presence and signed by

us in her presence. " Matthew Conklin

Thomas Jones

"State of Ohio Court of Common Pleas

Delaware County March Term 1851

In open Court personally appeared Mathew

Conklin and Thomas Jones who geing duly sworn upon their oaths

depose and say, that they well knew Parthena Coulter decd in

her life time, that the paper now here produced in open Court

hearing date November 4 1850 and purporting to the last will

and testament of said Parthenia Coulter, was on the date thereof

signed, published and declared by her said Parthenon as her last

will and testmane in the presence of these deposents. That

these deponents saw the said Pathena sign the said will

and that these deponents at her request, in her presence and in the

presence of each other signed their names thereto as witnessed

That the said Pathena Coulter at the time there of was of sound mind

and memory, of about the age of forty Six years and acting under no

restraint and further say not "
Matthew Conklin

Thomas Jones

Sworn to & subscribed in Open Court March 19th 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 82)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 82)

Description

[page 82]

[corresponds to page 30 of Will Book 3]

30 Lewis Dulin decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias

Bwen President and Almon Stark, Caleb Howard

and Frederick Avery Esph his Associates, Judges of the

Court of Common Pleas within and for said County and

State on the twenty Second day of March AD one thousand

Eight hundred and fifty one

"This day the last will and testament of Lewis Dulin decd

was produced in open Court and proved by the testimony of

the subscribing witnesses thereto as reduced to writing

and it appearing to the Court from said testimony that the

testator at the time of executing the same was of sound and

disposing mind amd memory and not acting under any

restraint. It is ordered that said will and testimony be

recorded. Whereupon John Latham and Edward Dulin

the Executors in said will named appeared in Court and

signified their acceptance of the trust of executing said will

It is therefore ordered that letters testamentary be granted

to them upon their entering into bonds in the sum of

Four Hundred dollars with William Warner and

John Clark as Security, and it is further ordered that

Isaac Ortz, William Stone, and Peter Ollum

appraise the personal property of said Estate "

Which will and testimony are as follows to wit

"Know all men by theos presant that I Lewis Dulin of

Concord Township, Delaware County and State of Ohio

retaining the full power and facalties of my mind and in

my Haraper Sences do declare this to be my last will and

testement, and by theas preasent apinte John Latham

and Edward Dulin my Executor to attend to my effects

I do in this my last will order and derect them to pay my

funeral expenses, and the expences of my last sickness together

with my doctors bill. and to settle all of my lawful and honest

debts. and after the above is fully complied with. I then will and

bequeath the remainder of my effects to be the same more or less

to each of my children that is living at the time of my Deiss

shear and shear alike withe the exception of any misc that

I will and beqeath to my daugher Lucindy wife of Travis Latham

Also I will and bequeath to my daughter Sarah wife of William

P B Bowling my Buro or the price of it- given under my hand and

Seal this Twenthy day Ninth of May, One thousand Eight hundred

and fifty in the presents of before I cloase this will I apinte my

Executor to apraise all of my house goodes and other property

at cash prices an destribute among my childeren as

bests Soutes thir condisans and as the can agree best an concerning

the matters. Signed and Sealed in preascents of " Lewis Dulin
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 83)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 83)

Description

[page 83]

[corresponds to page 31 of Will Book 3]

31

William Warner. Francis Baker. Cyaenas Strobridge "

The State of Ohio Delaware County SS.

Court of Common Pleas March Term 1851

Personally appeared in open Court William Warner & Francis

Baker who being duly sworn depose and say that the paper

before them purporting to be the last will and testament of

Lewis Dulin now deceased was by the said Lewis Dulin

acknowledged, published and declared to be his last will

and testament of these deponents that the said

deceased was of lawful age, that he was of sound and disposing

mind and memory and under no restraint as they verily

believe_ that they subscribed the same as witnesses in the

presence and at the request of the testator and in the presence

of each other " William Warner. Francis Baker

Sworn to an subscribed in open Court the 19~ day of March AD 1851

G.W. Stark Clerk



Mary Slentz decd Will



Pleas held at the Court House in Delaware . Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark. Caleb Howard and Frederick

Avery his associate Judges of the Court of Common Pleas

within and for said County and State on the Twenty first day

of March AD onethousand Eight hundred and fifty one

"This day the last will and testmanet of Mary Slentz decd

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing and it appearing

to the Court by said testimony that the said will was duly attested

and executed, and the said testatrix at the time of executing

the same was of sound and disposing mind and memory

and not under any restraint. It is ordered that will and

testimony be recorded. Whereupon John High the Executor

in said will named and signified his acceptance of the trust

of executing said Will_It is therefore ordered that letters

testmentary be granted him upon his entering into bond

int eh sum of Three Hundred dollars with John Wolfley and

John Lugenbeel as security. and it is further ordered that William

Mansur, D.F. Mc Cullough and William D Heim appraise

the personal property of said Estate "

Which Will and testimony are as follows to wit

" In the name of the Benevolent Father of all,,

I Mary Slentz of the County of Delaware and State of Ohio do

make and publish this my last will and testament- First

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 84)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 84)

Description

[page 84]

[corresponds to page 32 of Will Book 3]

32

I give and devise to my beloved child Daniel Wesley

Slentz. all the portion, interest, claims, franchises, demands

& Share and balance coming to me from the Estate of my

father Benjamin High deceased with the exception herein after

mentioned. the same to be his & his heirs & a forever. It is my

wish that the same Shall come to him as above stated at the

final settlement of my Fathers Estate. whether the same

shall interest &, should become due me in money at the

Settlement of my Father Estate. Their in that case Tappert

& hereby empower my brother John High to receive the same

and invest it in the best possible manner in such way that

it shall draw interest yearly, which shall annually be

placed in as principal for the coming year. which Shall be

done annually at the age of Twenty one years. when it shall with

the accumulation be paid over to him as his own property.

If my said child Daniel Wesley Slentz die before he arrives

at majority on or before my death, then I devise and bequeath

franchise. share.aforesaid to my seven brothers & Sisters

now living in case of their death to their heirs forever.

Second. I devise and bequeath to my Sister Lydia Cowgill

Thirty dollars_ this is in consideration of her kind and atten=

=tive treatment during my present Sickness & is given to

express my gratitude for the same said thirty dollars to be paid

out of first funds coming to me from my fathers Estate

Thirdly . In case of the death of my son Daniel Wesley, I do

bequeath & devise with my nephew Andrew Pope High/son

of John High/ the sum of Fifty dollars. the balance to pass

to my seven brothers & sisters in equal shares_ I do hereby

nominate and appoint John High Executor for this my

last will and testament whom I request shall fully carry

out the direction of this instrument

In testimony whereof I have hereunto set my hand and seal

this twelfth day of September in the year of our Lord One

thousand Eight hundred and fifty" Mary Slentz [Seal]

Signed Sealed and acknowledged by said Mary Slentz as her

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

presence _ William P Reid , John Wolfley .

The State of Ohio Delaware County SS

Court of Common Pleas March Term 1851

Personally appeared in open Court WP Reid & John Wolfley

who being duly sworn deposed and say that the paper before

them purporting to the last and testament of Mary Slentz, now

deceased. was by the said Mary Slentz, acknowledged, published

and delared to be her last will and testament in the presences

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 85)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 85)

Description

[page 85]

[corresponds to page 33 of Will Book 3]

33

of these deponents_ that the said deceased was of lawful age,

she was of sound and disposing mind and memory, and

under no restraint as they verily believe_ that they subscribed

the same as witnesses in the presence and at the request of the

testator, and in the presence of each other " W P Reid

John Wolfley

Sworn to and subscribed in open Court this 19~ day of March AD 1851

G.W. Stark Clerk



Michael Pentony decd "Will"



Pleas held at the Court House in the Town of Delaware

Delaware County and State of Ohio before the Honorable

Ozias Bowen President. and Almon Stark, Caleb Howard

and Frederick Avery his Associates . Judges of the Court of

Common Pleas within and for said County and State at their

June Term AD One thousand Eight hundred and fifty one

"This day the last will and testament of Michael Pentony

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing appeared

and ordered to be recorded"

Which will and proof are as follows to wit

" In the name of God 'Amen " _ I Michael Pentony of

the Township of Thompson and County of Delaware and State

of Ohio being of sound mind and memory / blessed by almighty

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

and testament _ I give and bequeath to my beloved wife

Sarah Ann all my personal property. ALso all my real Estate

during her natural life. At her decease to be given and devised

to my children - I also give and bequeath to my brother Stephen

Pentoney Thirty dollars to be received out of my father Micahel

Pentoney's Estate - I do also appoint my brother Stephen Pentony

guardian for my children in regard of my father Micahel Pentony's

Estate of that portion which falls to me- I do nominate and

appoint my beloved wife Sarah Ann to be the sole Executrix

of this my last Will and testament_ In testimony whereof

I have hereunto set my hand and seal and published and decree

this to be my last will and testament in presence of the witnesses

named below this 28th day of March in the year of our Lord

one thousand Eight hundred and fifty one

Michael Pentony [seal]

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 86)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 86)

Description

[page 86]

[corresponds to page 34 of Will Book 3]

34

Signed, Sealed, delcared and published by the said

Michael Pentony as and for his last will and testament

in presence of us who at his request and in his presence

and in the presence of each other have subscribed our names

as witnesses hereto " H T Cunningham

Jacob Freyman

The State of Ohio Delaware County SS

Court of Common Pleas June Term AD 1851

Personally appearing in Open Court, H T Cunningham &

Jacob Fryman who being duly sworn depose and say that

the paper before them purporting to be the last will and

testament of Micahel Pentony now deceased was by the

said Michael Pentony acknowledged, published and declared

to be his last will and testament in the presence of these deponents

that the said deceased was of lawful age_that he was of sound

and disposing mind and memory, and under no restraint as

they verily believe, that they subscribed the same as witnesses

in the presence and at the request of the testator, and in the

presence of each other " H T Cunningham

Jacob Freyman

Subscribed to an Sworn in open Court this 10th day of June AD 1851

GW Stark Clerk




Robert Carpenter decd Will



Pleas held at the Court House in Delaware in the County

of Delaware and State of Ohio before the Honorable Ozias

Bowen President and Almon Stark, Caleb Howard & Frederick

Avery his Associates Judges of the Court of Common Pleas

within and forsaid County and State on the fourteenth day of

June AD one thousand Eight hundred and fifty one

"This day the last will and testament of Robert

Carpenter decd was presented in open Court and proved by

the testimony of the subscribing witnesses thereto as reduced

to writing approved and ordered to be recorded"

which will and testimony are as follows to wit

"I Robert Carpenter of Berkshire Township. Delaware

County State of Ohio. negin of sound mind and memory do make

and devise this my last will and testament in manner aforesaid

as follows to wit_ First of all I commit my Soul to God that

gave it through the Lord Jesus Christ, my body to be

deacently buried hoping for a happy resurrection

at the Great Day- I giv and bequeath to my Son Thomas


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 87)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 87)

Description

[page 87]

[corresponds to unnumbered page 35 of Will Book 3]

F Carpenter the East part of my farm that I now liv upon, say

One Hundred and Six acres, the resadue on the West I give and

and bequeath to my Daughters Lucy E Carpenter and

Mary A Carpenter containing Sixty five acres- I give

and bequeath to my beloved wife Philena the use of the one

half of the One hundred and Six acres willed to my x T F

Carpenter during her natural life. Also she is to have the

use of of the one half of the house I now ocupy , my wife to

have an equal share of the personal property after debts

are paid. I further appoint Rufus Carter & Philena Carpenter

my wife as Executors of my Estate and empower them to settle

and pay all claims against my Estate, and receive what

dues may be coming and to inable to do so. to sell all

my personal property, and after paying debts and funeral

charges the residue of my personal property to be eaqually

divid between my children. The House hold furniture, Beds

& Bedding I wish that there be an equitable division between

my wife and daughters _In witness whereof I have set

my hand and Seal this fourtheenth day of July 1850

Robert Carpenter [seal]

Signed & Sealed in presence of " E Brown

Allen M Lane

" I Robert Carpenter have herby saw fit to add by way of

Codisil to my last will and testament that is I will to

my two daughters the right of way of a Rode running from

the mane Road liaing from North and South so that they may

have acess to and from the lands I have willed to them Said

right of was to be on the north side of my farm

Also I will that my two daughters have the entire controle

of the North room in my House for them to ocupy as they

may think best and proper as long as they may wish to al

low In Witness whereunto I have set my hand and Sele

to this my last will and testament April the 23rd in the

year 1851 " Robert Carpenter [seal]

Signed in presence of

Allen McLane

Rufus Carter

State of Ohio Delaware County SS

In the Court of Common Pleas for said County June Term

1851. Appeared in open Court Ezekiel Brown Allen McLane

and Rufus Carter who being duly sworn, depose and say as

follows. Said Brown & Mc Lane say that the paper here

produced bearing date the fourteenth day of July 1850 pur-

-porting to be the last will and testament of Robert Carpenter

/now deceased/ was at the date thereof signed by the said

Robert Carpenter and then & there published and declared
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 88)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 88)

Description

[page 88]

[corresponds to page 36 of Will Book 3]

36

as such at his at his residence in Berkshire Township

in said County in our presence. and the said Brown & Allen

then and there in his presence at his request and in the presence

of each other Signed their names thereto as witnesses- that the said

Robert Carpenter at the time thereof was of sound mind and

memory and acting under no restraint. And the said Allen

McLane and Rufus Carter as to the Codicil on the said

Will written bearing date April 23rd 1851, was in their presence

signed by said Robert Carpenter and by him published and

declared as an addition to his said will at the date thereof

and that they at his request in his presence and in the presence

of each other Signed the same as witnesses thereto, and at the

time thereof the said Carpenter was of sound mind & memory

and acting under no restraint, and further say not

E Brown

Allen Mc Lane

Rufus Carter

Sworn to in open Court June 10th AD 1851

G.W. Stark Clerk





William Warrington decd Will




Pleas held at the Court House in the Town of Delaware

in the County of Delaware and State of Ohio before the

Honorable Ozias Bowen President, and Almon Stark, Caleb

Howard and Frederick Avery his Assocaites Judges of the

Court of Common Pleas within and for said County and State

on the fourteenth say of June AD One thousand Eight hundred

and fifty one.

This day the last Will and testament of William Warrington

decd was produced in open Court and proved by the testimony

of two of the subscribing witnesses thereto as reduced to writing

approved and ordered to be recorded"

which will and proof are as follows to wit

"I William Warrington sent,, of the State of Ohio in Delaware

County do make this my last will and testament in manner

and from following that is to say- First it is my will that my

funeral expenses and my just debts be fully paid _ Second I

give, devise, and bequeath to my oldest Son John Warrington One

dollar, also to my daughter Mary Hamilton one dollar- Also

to my daughter Sarah Mershon one dollar. Also to my Son

William Warrington one dollar- Also to my daughter Julian

Weaver One dollar. Also to my son Casmere G Warrington One

dollar. Third I give devise and bequeath to my loving and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 89)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 89)

Description

[page 89]

[corresponds to unnumbered page 37 of Will Book 3]

affectionate wife the farm on which we now live and reside

situate in the County of Delaware and State of Ohio containing

Forty seven acres. Also all my personal property in dores and

out while she remains my widow. After that I give devise and

bequeath to my youngest daughter Charlotte Paul Warrington

all my seal and personal property and to her heirs forever

If she dies without lawful heirs of her body, then it is my will

that Casemore G Warrington shall have my real Estate of the

farm I now live on by paying Julian Weaver One hundred

dollars" In testimony whereof I have hereunto set my hand

and Seal this thirty first day of May one thousand Eight

hundred and fifty, annulling all other wills by me made

Wm Warrington [seal]

"Signed by the above named William Warrington Senr for his

last will and testament in presence of us who at his request

have signed as witnesses to the same" James Dodds

Joseph Dodds

Sarah Dodds

"Delaware County SS_ In the Court of Common Pleas

June Term 1851

James Dodds and Joseph Dodds being Sworn in open

upon their oaths depose and say that the paper now here

provided dated the thirty first day of May AD 1850 and

purporting to be the last will & testament of William

Warrington (now decd) was on the day of the date thereof

signed declared and published by the said William Warrington

as his last Will and testament, in the said County of Delaware

in the presence of these witnesses. And that these deponents

their at his request and in his presence of each other, signed

their names thereto as witnesses_ That the said William

Warrington was then of sound mind and memory and

acting under no restraint_ and further say not

James Dodds

Joseph Dodds

Sworn to & Subscribed in open Court June 14th 1851

G.M.Stark Clerk
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 90)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 90)

Description

[page 90]

[corresponds to page 38 of Will Book 3]

38. John Brown decd _Will


Pleas held at the Court House in the Town of Delaware

in the County of Delaware and State of Ohio before the Honorable

Ozias Bowen President, and Almon Stark, Caleb Howard and

Frederick Avery, his Associates, Judges of the Court of Common

Pleas within and for said County and State on the Twenty first

day of October AD One thousand Eight hundred and fifty one

This day the last will and testament of John Brown decd

was produced in open Court and proved by the testimony of the

subscribing witnesses thereto as reduced to writing- and it appearing

to the Court that the testator at the time of executing the same

of lawful age, of aound and disposing mind, memory and

understanding, and acting under no restraint it was ordered

that the same be recorded.- And it is further ordered that

Robert Ferguson the Executor in said Will named/who

appeared in open Court and accepted said trust /enter in to

bonds in the sum of Twelve hundred dollars, with William

Johnson and Daniel Maxwell as Security - and that

Joseph Potter, Jonas Waldron and Benjamin Benedict

appraise the personal property of said Estate "

Which said will and proof is as follows to wit

In the name of God, Amen. I John Brown of the Township

of Kingston in the County of Delaware in the State of Ohio, being

weak in body but of sound mind and memory, blessed be Almighty

God for the same, and considering the uncertainty of this transitory

life, do hereby make and ordain this my last will and testament

in manner and form following/To wit/


1st I bequeath my soul to God who gave it, and my body

to the dust from whence it was taken to be buried in a decent

and Christian like manner. And as to such wordly property as

it has pleased Almighty God to bless us with, after my debts

and funeral expenses are paid, it is my will that it be disposed

of as follows /To wit/ 1st I give and bequeath to my beloved wife

Polly Brown out of my personal property all my household

and kitchen and cupboard furniture, including beds and bedding

and one hundred dollars in money to dispose of at her option

excepting one mantle clock, one Rifle gun, one copper kettle

and one double coverlet.

2nd I give and bequeath to my daughter Nancy, wife of Lewis Lott

Twenty five dollars in addition to who she has got

3rd I give and bequeath to my son Joseph Brown in addition to

what he has heretofore got the sum of one dollar

4th I give and bequeath to my son John W. Brown in addition to

what he has already got the sum of One hundred dollars

5th I give and bequeath to my son James H Brown in addition

what he has already got the sum of Twenty five dollars

6th I give and bequeath to my grand daughter Mary Catherine

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 91)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 91)

Description

[page 91]

[corresponds to unnumbered page 39 of Will Book 3]

Randolph the sum of Twenty five dollars

7th I give and bequeath to my son William Brown in addition to what

he has already got, the sum of Twenty five dollars

8th I give and bequeath to my grandson Wilber Lot the sum of

Twenty five dollars

9th I give and bequeath to my son Lemander H Brown in addi-

-tion to what he has already got, the sum of One hundred dollars

10th I give and bequeath to my daughter Harriet wife of John

Rogers in addition to what she has already got, the sum of Ninety

dollars and our large copper kettle.

11th I give and bequeath to my son Wesley Brown in addition

to what he has already got, the sum of Three hundred dollars

and one double coverlet

12th I give and bequeath to my son David Brown with whom

I now reside in addition to what he has heretofore got, the sum of

Fifty dollars

Lastly I nominate, constitute and appoint Robert Ferguson

to be the Executor of this my last will and testament this

Twenty second day of December One thousand Eight hundred

and forty Eight" John Brown [seal]

Signed Sealed and acknowledged by the testator in the presence of us

Daniel Maxwell

Katherine Decker

The State of Ohio Delaware County SS,

Court of Common Pleas October Term 1851

Personally appeared in open Court Daniel Maxwell &

Catherine Decker who being duly sworn depose and say that

the paper before them purpoting to be the last will and

testament of John Brown now deceased was by the said

John Brown acknowledged published and declared to be his last

Will and testament in the presence of these deponents that the

said deceased was of lawful age, that he was of sound and

disposing mind and memory, and under no restraint as they

verily believe, that they subscribed the same as witnesses in the

presence and at the request of the testator and in the presence of

each other Daniel Maxwell

Katherine Decker

Sworn to and subscribed in Open Court this 21 day of October AD 1851

G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 92)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 92)

Description

[page 92]

[corresponds to page 40 of Will Book 3]

40 Joseph Klinker decd Will

Pleas held at the County House in the Town of Delaware

in the County of Delaware and State of Ohio before the

Honorable Ozias Bowen President and Almon Stark, Caleb

Howard and Frederick Avery his Associates, Judges of the

Court of Common Pleas within and for said County and State

on the Twenty first day of October AD One thousand Eight

hundred and fifty one

"This day the last will and testament of Joseph Klinker

decd was produced in open Court and proved by the testamony of

Luff S Hull one of the subscribing witness thereto as reduced

to writing. /SS Winsor the other subscribing Witness there to

being absent/And it appearing to the court that the testator was

at the time of executing the same of lawful age, sound and

disposing mind, memory and understanding, and acting under

no restraint. ['it was ordered that the same be recorded' scratched out]

"And after and on the twenty fifth day of October AD One

thousand Eight hundred and fifty one, the following order

was had and entered to wit

"this day appeared in open Court Stanton S Winsor one of

the subscribing witnesses to the last will and testament of

Joseph Klinker decd / the testimony of Luff S Hull the other

subscribing witness having already been taken at this term

and makes oath that the said Joseph Klinker was at the time

of executing said will of sound and disposing mind and memory

of lawful age, and acting under no restraint whatever. It is

ordered that the said testimony be received and said will ordered to

be recorded.

"Which will and proof as follows to wit

In the name of God- I Joseph Klinker of the County of

Delaware and State of Ohio do make and publish this my last

Will and testament

1st It is my will that all my funeral expenses and legal debts

be fully paid

2nd I give and bequeath to my wife Mary Klinker is lieu

of her dower the use of the Home farm on which I now reside

so long as she shall remain my widow. Also one old sorrel

mare, Buggy, and Buggy harness. Two Cows, Eight Sheep,

and all my household and kitchen furniture_, Except Two beds,

Bedstead and Bedding.

4th I give to my son Joseph Klinker, the three year old dun

mare_ the smallest Sorrel yearling horse colt, one Bed Bedding and

Bedstead.

5th I give unto my two Sons, Mathias and Joseph Klinker equally

all my real estate_

6th It is also my will that my personal property not otherwise disposed

of shall be applied to the payment of my just debts.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 93)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 93)

Description

[page 93]

[corresponds to page 41 of Will Book 3]

41

Lastly, I do hereby nominate and appoint my son Joseph Klinker

Executor of this my last will and testament, hereby authorizing and emp=

owering him to compromise, adjust, release and discharge in Such manner

as he may deem proper, the debts and claims due me. I also authorize

and empower him if it shall become necessary in order to pay my debts, to

Sell, by private Sale, or in such manner, upon such terms of credit, or

otherwise, as he may think proper, all or any part of my Real Estate and

deeds to purchasers to execute acknowledge and deliver in fee Simple._

In testimony whereof I have hereunto set my hand and Seal this 12th

day of August in the year of our Lord one thousand Eight hundred and

fifty one. Joseph Klinker [Seal]

Signed and acknowledged by Said Joseph Klinker as his last will and

testament in our presence and Signed by us in his presence.

S.S. Winsor

L.S. Hull


The State of Ohio Delaware County SS

Court of Common Pleas October Term AD 1851

Personally appeared in open Court Luff S. Hull who being

duly sworn deposes and says that the paper before him purporting

to be the last will and testament of Joseph Klinker now

deceased, was by the said Joseph Klinker acknowledged and

published and declared to be his last will and testament

in the presence of this deponent and one S S Winsor the other

witness to said will- that the said deceased was of lawful age

that he was of sound and disposing mind and memory and

under no constraint as he verily believes-that he subscribes the same

as witness in the presence and at the request of the testator and of

S.S Winsor the other subscribing witness thereto who is now absent

from the State of Ohio " L.S. Hull

Sworn to and subscribed in Open Court this 21st day of October

AD 1851 _ GW Stark, Clerk.

The State of Ohio Delaware County SS

Court of Common Pleas, October Term AD 1851

Personally appeared in open Court Stanton S Winsor who

being duly sworn deposes and says that the paper before him

purporting to be the last will and testament of Joseph

Klinker now deceased was by the said Joseph Klinker ac-

=knowledged publishes and declares to be his last will and

testament in the presence of the deponent and Luff S Hull

the other witness thereto, that the deceased was of lawful

age under no restraint as he verily believes, and that said

Luff S Hull & Stanton S Winsor Subscribes the same

as witnesses in the presence and at the request of the testator

and in the presence of each other " SS Winsor

Subscribed and sworn to in open Court this 29th day of October AD 1851

GW Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 94)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 94)

Description

[page 94]

[corresponds to page 42 of Will Book 3]

42 Andrew Young decd Will

Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associates, Judges of the Court of Common Pleas within

and for said County and State on the Twenty first day of October

AD One thousand Eight hundred and fifty one

" This day the last will and testament of Andrew Young decd

was produced in open Court and proved by the testimony of the

Subscribing Witnesses thereto as reduced to writing. approved and

ordered to be recorded. And thereupon came Samuel Carver

and George W Wells, the Executors in said Will names and

accepted said trust whereupon it is ordered that said Executor

enter into bonds in the sum of Four hindred dollars, with

Lewis Searles and E Westervelt as Security. And it is

further ordered that Hurlburt Scoville G. B Carpenter

and John Nelson appraise the personal property of said

Estate"

" I Andrew Young in the County of Delaware in the State

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

in manner and form following that is to say_

First it is my will that my funeral expenses and all my just

debts be fully paid_ Second I give devise and bequeath to my

beloved wife P Young in lieu of her dower the plantation on

which we now reside containing Fifty acres during her natural

life, and all the live stock, horses and cattle, Sheap, hogs &

by me now ownd and keep thereon. Also all the Household furniture

and other items not particulary named and not otherwise

disposed of in this Will during her natural life as aforesaid

She however first disposing of a sufficiency thereof to pay my

just debts as aforesaid, and that at the death of my said wife

or mariage 2 thirds of the landed property hereby devised or

bequeathed to my sister Polly Carver & her ares and assigns

forever living in Luzen County State of Pennsylvania, Kingston

and likewise I give to my brother Elijah Young all the book

account I have against him amd nothing more. And lastly

I hereby constitute and appoint George W Wells and Samuel

Carver Esq. to be the Executors of this my last will and testament

revoking and annuling all former wills by me made &

ratifying and confirming this and no other to be my last will and

testament in testimony whereof I have hereunto set my hand

this 21st day of May in the year of our Lord 1851. _ Signed

published and declared by the above named A Young as and for

his last will and testament in presance of us who at his

request have signed as witnesses to the same. "Andrew Young'

attest Jeremiah Ellinwood

Jeremiah Buell
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 95)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 95)

Description

[page 95]

[corresponds to page 43 of Will Book 3]

43


The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851.

Personally appeared in open Court Jeremiah Ellinwood & Jeremiah

Buell who being duly sworn depose and say that the paper before

them purporting to be the last will and testament of Andrew Young

now deceased was by the said Andrew Young acknowledged

published and declared to be his last will and testament in the

presence of these deponents, that the said deceased was of lawful

age, that he was of sound and disposing mind and memory

and under no restraint as they verily believe, that they subscribed

the same as Witnesses in the presence of and at the request of

the testator, and in the presence of each other

Jeremiah Ellinwood

Jeremiah Buell

Sworn to and subscribed in open Court this 21st day of October

AD 1851 G.W. Stark Clerk

________________________
John Williams dec'd Will
________________________


Pleas held at the Court House in Delaware, Delaware

County and State of Ohio before the Honorable Ozias Bowen

President, and Almon Stark, Caleb Howard and Frederick

Avery his Associates, Judges of the Court of Common Pleas within

and for said County and State,- on the Twenty fourth day of October

AD One thousand Eight hundred and fifty one

This day the last will and testament of John Williams

decd was produced in open Court and proved by the testimony

of the subscribing Witnesses thereto as reduced to writing approved

and ordered to be recorded. And thereupon William Williams and

Otho Williams the Executors in said Will named appeared

in open Court and accepted said testamoney- Said Executors are

ordered to enter into bonds in the sum of Ten thousand dollars

with Benjamin F Loofburrow and Benjamin Ely as Security

And it is further ordered that Samuel C Weeks, Joseph Russell

and Thomas Lavender appraise the personal property of said

Estate. The widow of said deceased electing to take under said

Will as per file

"In the Benevolent Father of All

I John Williams of the township of Thompson Delaware

County Ohio do make and publish this my last Will and testament

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

funeral expenses be first paid out of my estate."

Item 2nd I give and bequeath to my oldest daughter Angeline


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 96)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 96)

Description

[page 96]

[corresponds to page 44 of Will Book 3]

44

Findley wife of George Findley Four Hundred dollars in

money in addition to what she has already received

Item 3rd I give and bequeath to my second daughter

Elizabeth Six hundred dollars in money

Item 4th I give and bequeath to my daughter Ann Eliza

Six Hundred dollars in money

Item 5th I give and bequeath to my daughter Nancy Elen

Six hundred dollars in money

Item 6th I devise and bequeath to my two sons Otho Williams

and John W Williams and their heirs forever the farm on

which my son John now resides. Situated in Range '20'

Tp. 6. Sec 3 lots 14 & 15 being in Radnor Tp and known

as the Fulton farm, containing about one hundred and

Eighty three acres subject to the restrictions and incumbrances

herein after mentioned.

Item 7th I give and devise to my beloved wife Anne Williams

in lieu of her dower the use of the farm on which we now reside

situate in Thompson Township, County aforesaid. Known as the

Hoskins farm, containing about Two hundred and five acres

during her natural life subject to the restrictions and conditions

herein after mentioned, and I give her all the household goods

kitchen furniture that may be in the place at the time of my death

and I give her two head of horses, four milk cows and twenty

head of sheep. at the death of my said wife the real Estate

aforesaid I give and divise to my sons Zara C Williams and

Clark E Williams and to their heirs forever in equal proportions

and if either or any of my four sons should die without issue the

real Estate devised in the will to him or them shall go to my other

surviving sons and their heirs forever, and in case my said wife

should again marry, she shall in that event be endowered of one equal

third part in value of said Hoskins farm, and the remaining two thirds

go immediately to my sons Zara & Clark It is my desire that

all the personal property not bequeathed to my said wife consisting

of farming utentials, horses, cattle and other stock & so forth be kept

on the farm for the support and maintance of the family and for the

purposes hereinafter mentioned until any youngest child is of age

and then to be divided as follows, to wit, one third to my wife, and

the residue to be equally divided between my said sons. If my wife

should not survive me, then I devise the Haskins farm to my two

sons Zara & Clark and their heirs forever.

Item 8th It is my desire that my said farms should remain

undivided and not be sold in any event until my youngest child

comes of age- and for the purposes of enabling my wife and sons

to pay off the legacies and bequests made in items 2,3,4 & 5, and said

farms from being sold they shall be paid at the time and in the manner

following to wit ' The bequest made in item 2 to my daughter


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 97)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 97)

Description

[page 97]

[corresponds to page 45 of Will Book 3]

45

Angeline shall be paid in two years after my death. The bequest

made to my daughter Elizabeth in item 3 shall be paid in four years

after my death, and the bequests made in items 4 & 5 shall be paid

to my daughter Anneliza & Nancy Ellen as they respectively

come of age unless they should be able to pay them off sooner in

which case it is my desire that it should be done-It is my desire

further that my said farms should be worked and cultivated in

common by my family under the supervision of my wife as long

as she remains my widow and sons Otho and John until said legacies

are paid. And they are hereby authorized to sell all surplus produce

raised upon said farms not needed for the support and maintance

of my wife and family including my afflicted son Zara, and

all live stock not needed for carrying on the business of farming

from time to time as they may deem advisable. My unmarried

daughters are each to have in addition to the legacies bequeathed

them in legacies items 3,4, & 5 to be paid in the same manner

as they respectively come of age, each one side saddle,

one cow, one bed and bedding, one set of chairs, one Bureau

& so forth.

Item 9th I do hereby nominate and appoint my beloved wife

Guardian for my minor children until they respectively arrive

at full age or should marry. And I do hereby enjoin my said

Guardian to give my said children a good English education and

to rear them in habits of industry and inculcate upon them as

far as may be the duties of Christianity.

Item 10th. I do hereby nominate and appoint my brother

William Williams and my son Otho 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 proper, the debts and claims due me. I do also authorize and

empower them if it Should become necessary in order to pay my debts or the

legacies provided for in this will to sell by private sale or in such manner as

they may think proper so much of my real estate as may be necessary for

the purposes aforesaid and execute deeds in fee simple to purchases & so forth,

and in case it Should be necessary to sell real estate for the purposes afore

=Said it shall be in such manner and upon such conditions as to bear equally

upon my four Sons.

I do hereby revoke all former wills by me made. In testimony whereof

I have hereunto set my hand and Seal this 30th. day of May AD 1851.

Signed and acknowledged John Williams [seal]

by said John Williams as

his last will & testament in

our presence._

Nicholas Jones

Jedediah Allen

James R Hubbell


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 98)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 98)

Description

[page 98]

[corresponds to page 46 of Will Book 3]

46

Whereas I John Williams of Thompson Township

Delaware County Ohio on the 39th day of May AD 1851, made

my last will and testament of that day do hereby declare the

following to be a codicil to the same

Item 1st I do hereby grant and bequeath to my three sons Zara

C. Otho and Clark E Williams the property real and personal

bequeathed and devised to my son John W Williams now

deceased to be equally divided between them

Item 2. I give and bequeath to Elizabeth Williams widow

of my deceased son John W Williams Fifty dollars to be paid

in the same manner the legacies are to be paid to my daughters

as provided in my said will to be paid by my said Executors

to her when she may nee the same. And I desire that she Should

live in the family and also be supported and maintained in the same

manner as my own children as supported as long as she remains

the widow of my said son John W Williams and should choose

to do so. And if said Elizabeth Williams Widow aforesaid should

have a posthumous child the son or daughter of the said John

W Williams and live to the age of 7 years, in that case I give

and bequeath to the same Three hundred dollars to be paid

when the child arrives at the age of seven years aforesaid in the

same manner as provided for the payment of the other legacies

made in this

Item 3. I do hereby authorize my said Executor to rent, lease

or sell any or all of the Real Estate divided by this will and execute

leases or deeds of conveyance for the same as the case may be

whenever it should be deemed advisable to do so by the

adult members of my family. In testimony whereof I

John Williams have hereunto set my hand and Seal this 13th

day of September AD 1851. John Williams

Signed and acknowledged by said John Williams as a codicil to

his last will and testament in our presence and signed by

him in his presence" J R. Hubbel

Samuel C Weeks



The State of Ohio Delaware County SS

Court if Common Pleas October Term 1851.

Personally appeared in open Court James R Hubbell and

Jedediah Allen who being duly sworn depose and say that the

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

John Williams now deceased was by the said John Williams

acknowledged as published and declared to be his last will and

testament in the presence of these deponents, that the said

deceased was of lawful age, that he was of sound and disposing

mind and memory, and under no restraint was they verily believe

that they subscribed the same as Witnesses in the presence and at

the request of the testator, and in the presence of each other

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 99)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 99)

Description

[page 99]

[corresponds to page 47 of Will Book 3]

47

"J R. Hubbell J. Allen." Sworn to and subscribed in open

Court this 20th day of October AD 1851

The State of Ohio Delaware County SS

Court of Common Pleas, Oct Term 1851.

Personally appeared in open Court James R Hubbell and Samuel

C Weeks who being duly sworn depose and say that the paper

before them purporting to be a codicil of the last will and testament of

John Williams now deceased was by the said John Williams

acknowledged published and declared to be his last will and

testament in the presence of these deponents, that the said

deceased was of lawful age, that he was if sound and disposing

mind and memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence and

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

J R Hubbell

Samuel C Weeks

Sworn to and subscriber in open Court this 22nd day of October

AD 1851 G.W. Stark Clerk




________________________________________________________________
Frederick Browmiller decd Will
________________________________________________________________

Pleas held at the Court House in Delaware, Delaware

County and the State of Ohio before the Honorable Ozias Bowen

President and Almon Stark, Caleb Howard and Frederick

Avery his Associates Judges of the Court of Common Pleas

within and for said County and State on the Twenty second day

of October AD One thousand Eight hundred and fifty one

This day the last will and testament of Frederick Browmiller

decd was produced in open Court and proved by the

testimony of the subscribing witnesses thereto as reduced to writing

approved and ordered to be recorded

"In the name of God Amen. I Frederick Browmiller of the

County of Delaware in the State of Ohio being of sound and dis-

=posing mind and understanding considering the certainty of death

and the uncertainty of the time thereof, and being desirous to settle

my wordly affairs and thereby be better prepared to leave this

world when it shall please God to call me home, do therefore

make and publish this my last will and testament

First and principally I commit my soul into the hands of

Almighty God and my body to the Earth to be decently buried

at the discretion of my Executor herein after mentioned and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 100)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 100)

Description

[page 100]

[corresponds to page 48 of Will Book 3]

48

after my just debts are paid I devise and bequeath as follows

Item 1 I give and devise unto Barbara my wife all my

personal property both real and personal and mixed

to have and to hold during her natural life

Item 2 At the death of my wife I wish my property to be

divided equally among my legally heirs upon condition of their

supporting my Daughter Sarah During her life If not I Devise unto my

Daughter Sarah a support out of my real estate as long as she shall live

And lastly I do hereby appoint my son Reuben to be my sole Executor of

this my last will and testament revoking and annulling all former wills by me

made ratifying and confirming this and none other to be my last will and testament

In testimony whereof I have hereunto set my hand and affixed my seal

this 9th day of April 1851

Signed in the presence of is as

witnesses at his request Frederic Browmiller [Seal]

Basil Lugenbeel

George Neff

The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851.

Personally appeared in open Court Basil Lugenbeel & George

Neff who being duly sworn depose and say that the paper before

them purporting to be the last will and testament of Frederick

Browmiller now deceased was by the said Frederick Browmiller

acknowledged published and declared to be his last will and

testament in the presence of these deponents, that the said deceased

was of lawful age, that he was of sound and disposing mind and

the same as witnesses in the presence and at the request of the testator

and in the presence of each other " Basil Lugenbeel

George Neff

Sworn to and subscribed in open Court this 22nd day of October AD 1851

G.W.

________________________________________________________________________
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 101)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 101)

Description

[page 101]

[corresponds to page 49 of Will Book 3]

Samuel Jones decd Will 49

Pleas held at the Court House in Delaware. Delaware County

and State of Ohio before the Honorable Ozias Bowen President

and Almon Stark, Caleb Howard and Frederick Avery his assocaites

Judges of the Court of Common Pleas within and for said County and

State on the Twenty first day of October AD one thousand Eight

hundred and fifty one

"This day last will and testament of Samuel Jones desd was

produced in open Court and proved by the testimony of the subscribing

witnesses thereto as reduced to writing, which was approved and ordered

to be recorded"

And on the Twenty fifth day of October AD One thousand Eight

hundred and fifty one the following order was had and entered

herein to wit

"On application ordered that George Copper be appointed

Administrator with the will annexed- Said Administrators as

ordered to enter bonds in the sum of Three thousand dollars

with John Cook and John Adams as security- And it is

further ordered that Daniel Hunt, Jonathan Batesonand

Jacob Fetters appraise the personal property of said Estate

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

Jones of the township of Harlem, County of Delaware and

State of Ohio, do make and publish this my last will and testa=

=ment

Item 1st I devise and bequeath to my son Jonathan Jones and

my daughter Racheral Jones and their heirs, the farm on which I now

reside, situated in Section Second- township three, Range Sixteen

United States Military Land containing Fifty three acres of land

it being in Harlem Township. Delaware County Ohio during

their natural lifes.

Item 2nd I devise and bequeath to my son Jonathan Jones and

my daughter Rachel Jones, one half of all Stock, household

goods, furniture, provisions, excepting the clock and Burrough

I devise and bequeath to my daughter Rachel Jones and other

goods and chattels which may be thereon at the time of my

decease during their natural life as foresaid they however selling

so much thereof as may be sufficient to pay my just debts, the

said Jonathan Jones and Rachel Jones is not sell nor convey

to any persons the above mentioned farm which I now devise

and bequeath to the above children, at the death of my said son

Jonathan Jones and Rachel Jones, the real Estate aforesaid

and such part of the personal property or the proceeds thereof

as may be then remain unsold and unexpended. I give and devise

to my two daughters Margaret Jones and Catherine Jones and

their heirs

Item 3rd I devise and bequeath to my two daughters Margaret

Jones and Catherine Jones and grand daughter Sarah Linnaberry
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 102)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 102)

Description

[page 102]

[corresponds to page 50 of Will Book 3]

50

and one half of all my stock household furniture provisions

and other goods and chattels which may be thereon at the time

of my decease during their natural life as forsaid
x

Item 4th I devise and and bequeath to my daughter Elizabeth Adams

and heirs one dollars

Item 5th I devise and bequeath to my sons William Jones his

heirs one dollars

Item 6 I devise and bequeath to my son Samuel Jones Jr

his heirs one dollars

Item 7th I devise and bequeath to my son Michael Jones his

heirs Twenty dollars to be paid by Jonathan Jones and Rachel

Jones, but the said Michael Jones is not to push for his

dower, and if he will push them, the above Twenty dollars

is to be null and void _

In testimony whereof I have hereunto set my hand and seal

this third day of July in the year of our Lord One thousand
his
Eight hundred and fifty one" Samuel x Jones [seal]
mark

Signed and acknowledged by said Samuel Jones as his last

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

presence" Samuel G Copper

Edward Hartrum

The State of Ohio Delaware County SS

Court of Common Pleas Oct,, Term AD 1851

Personally appeared in open Court Samuel Copper &

Edmond Hartrum who being duly sworn depose and say that

the paper before them purporting to be the last will and

testament of Samuel Jones now deceased was by the said

Samuel Jones acknowledged published and declared to be

his last will and testament in the presence of these deponents that

the said deceased was of a lawful age, that he was of sound and

disposing mind and memory and under no restraint as they verily

believe_that they subscribed the same as witnesses in the presence

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

Samuel G Copper

Edward Hartrum

Sworn to and subscribed in open Court this 21st day of October

AD 1851 GW. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 103)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 103)

Description

[page 103]

[corresponds to page 51 of Will Book 3]

Lewis Williams decd Will 51

Pleas held at the Court House in Delaware, Delaware County

and State of Ohio before the Honorable Ozias Bowen President

and Almon Stark, Caleb Howard and Frederick Avery Esqs

his Associates Judges of the Court of Common Pleas within and

for said County and State on the Twenty first day of October AD

One thousand and Eight hundred and fifty one

This day the last will and testament of Lewis Williams

decd was produced in open Court and proved by the testimony

of the subscribing witnesses thereto as reduced to writing approved

and ordered to be recorded, and thereupon Jane Williams Widow of

said deceased and John Humphrey the Executor in said will named

having declined acting as per file ordered that Lewis Williams

and be appointed Adminstrator with the will annexed of said Estate

said Administrator is ordered to enter into bonds in the sum of One

thousand dollars with Abraham Lloyd and Edward Baines

as security_And it is further ordered that Edward Watkins,

Morris Barnes and William Ward appraise the personal property

of said Estate_ and said widow elect to take under said will

as per file

In the name of God Amen

I Lewis Williams of Radnor township in the County

of Delaware and State of Ohio do make and publish that my

last will and testament in manner and form following

that is today_ First it is my will that my funeral expenses

and all my just debts be fully paid_ Second I will and

bequeath to my wife Mary Williams the farm I now reside

on Situate in Township and County and State aforesaid during her

lifetime also all the Stock and personal property belonging to

me during her lifetime to me during her life time_Third I give devise

and bequeath to my son Lewis Williams the farm I now reside

on situate in Radnor Township Delaware County Ohio

after the death of my wife Mary. Fourth I give devise and

bequeath to my eldest daughter Jane Gibson to be paid in

Three years after the death of my wife Mary by my son Lewis.

Fifth I give devise and bequeath to my youngest daughter

Mary one hundred and fifty dollars to be paid by my son Lewis

in Six years after the death of my wife Mary-Sixth I give devise

and bequeath to my son Lewis all my personal property after the

death of my wife Mary

And lastly I do hereby constitute and appoint my friend John

Humphreys to be Executor of this my last will and testament

revoking and annulling all former wills by me made and ratifying

and confirming this and no other to be my last will and testament

In testimony whereof I have hereunto set my hand and Seal

this 1st day of August AD 1851

Lewis Williams

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 104)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 104)

Description

[page 104]

[corresponds to page 52 of Will Book 3]

52.

Signed published and declared by the above named

Lewis Williams as and for his last will and testament in

presence of us who at his request have signed as witnesses

to the same " John Humphreys

Abraham Lloyd


The State of Ohio Delaware County SS

Court of Common Pleas October Term 1851

Personally appeared in open Court John Humphries and

Abraham Lloyd who being duly sworn dipose and say that

the paper before them purporting to be the last will and testament

of Lewis Williams now deceased, was by the said Lewis Williams

acknowledged published and declared to ge his last will

and testament in the presence of these deponents_ that

the said deceased was of lawful age, that he was of sound and

disposing mind and memory and under no restraint as they

verily believe, that the subscribed the same as witnesses in the

presence and at the request of the testator and in the presence

of each other Abraham Lloyd

John Humphries

Sworn to and subscribed in open Court this 21st day of October

AD 1851_ G.W. Stark Clerk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 105)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 105)

Description

[page 105]

[corresponds to page 53 of Will Book 3]

Jacob C. Rosecrans.-Will 53

Proceedings had at the Office of Probate Judge in Delaw-

=are Delaware County & State of Ohio before D.T. Fuller

Probate Judge within and for said County & State on

the fifteenth day of March AD 1852

This day the last Will & testament of Jacob C. Rosecrans

deceased was produced in Court & proved by the testimony

of the subscribing witnesses thereto as reduced to writing

and it appearing to the Court that the testator at the time

of executing the same was of lawful age of sound and

disposing mind & memory & acting under no rest=

=rain, it was ordered that the same by recorded

And it is further ordered that Amos Utley one of the

executors names in the will (who appeared in open

Court and accepted said trust) enter into bonds in

the sum of $700.00 with Henry Hodgden and

Oliver Stark as surities]-and that John Rosecrans

Joseph Lott & Almon Stark appraise the personal

property of said Estate- Which said will and

proofs are as follows to wit:

I, Jacob C. Rosecrans of the Township of Kings=

=ton County of Delaware in the State of Ohio do

make and publish this my last will & testament

in manner and form following: That is to

say, First it is my will that my funeral expenses

and all my just debts be fully paid. Secondly I

give devise and bequeath to beloved

Rachel Rosecrans one cow six sheep and the use

of all the household furniture, except one bed, bed=

=stead & bedding, during the time she shall remain

my widow, unless my daughter Lucinda should

Marry, in which case she Lucinda is to have one

half of the household furntiure at that time-

Thirdly to my son Stephen Rosecrans all daughter Luci=

=nda Rosecrans all the property the use of which is be=

=queathed to my wife after her death, or she shall cease

to be my widow. Fourthly to my son Stephen Rosecr=

=ans all the live stock on the farm, and all the

farming utensils, and one bed, bedstead & bedding

and also Two hundred dollars, being two notes

of one hundred dollars each payable after my

death decease which I hold against him. Fifthly by all

the rest of my Estate and residue of my Estate is to be

equally divided between my three daughters Mary

Larkin, Hannah Curtis Lucinda Rosecrans and

the heirs of Catharine Pringle_

And lastly I hereby constitute & appoint my son

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 106)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 106)

Description

[page 106]

[corresponds to page 54 of Will Book 3]

54 Jacob C. Rosecrans. Will

Josiah Rosecrans and Amos Utley to be executors

for this my last Will & testament revoking and

annuling all former wills by me made and

ratifying & confirming this and no other to be my

last will and testament

In testimony whereof I have hereunto set ny hand

& seal this 6th day of February 1851

Signed published and delared by the above named

Jacob C. Rosecrans as & for his last will & testament

in presence of us who at his request

have signed as Witnessess to the same

Amos Utley Jacob C. Rosecrans [seal]

Sidney Culver

The State of Ohio Delaware County SS:

Court of Probate March 15th 1852

Personally appeared in Court Amos Utley and

Sidney Culver who being duly sworn depose and

say that the paper before them purporting to be the

last Will & testament of Jacob C. Rosecrans

now deceased was by the said Jacob C. Rosecrans

acknowledged published & declared to be his last Will

and Testament in the presence of these Deponenets

that the said deceased was of lawful age, that he

was of sound and disposing mind & memory

and under no restraint as they verily believe-that

they subscribed the same as witnesses in the presence

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

Amos Utley

Sidney Culver

Sworn to & subscribed in open Court this 15th

day of March A.D. 1852

D. T. Fuller

Probate Judge



Last Will & Testament of Mary Pierce.

Proceedings had at the Office of the Probate Judge in Delaware

Delaware County Ohio, before D.T. Fuller Probate Judge written & for

said County & State on the 17th day of April 1852

This day the last Will & Testament of Mary Pierce deceased was

produced in open Court & proved by the subscribing thereto as

reduced to writing: & it appearing to the Court that the testator

at the time of executing the same was of sound & disposing

mind & memory & of lawful age, & acting under no restraint

It was ordered that the same be admitted to probate

and recorded as follows to wit

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 107)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 107)

Description

[page 107]

[corresponds to page 55 of Will Book 3]

Mary Pierce's Will 55

December the 10th 1842

I will to my son Alpheus Pierce all my thirds of the

undivided half the land with all the appurtenances there=

=on. Also I will to the said Alpheus the old mare & colt

Also nine sheep and one cow and one pair of steer

calves and four hogs. the said Alpheus is to take care

of me and Sebrey while we live, in sickness or in health

Also I will to my daughter Betsey Hodkins ten dollars

when I and Sebry if done with it Also I will to my

daughter Mercy's children three dollars

Witness Mary Pierce

Norman Kible

Flavel Moses

State of Ohio Delaware County SS:

Court if Probate April 17. 1852

Personally appeared in open Court Norman Kible

& Flavel Moses, who being duly sworn depose & say that

the paper before them purporting to be the last will and testa=

=ment of Mary Pierce now deceased was by the said

Mary Pierce signed acknowledged published and dec=

lared to be her last will & testament in the presence of

these deponents; that the said deceased was of lawful age

that she was of sound disposing mind and memory

and under no restraint as they verily believe- that they

subscribed the same as witnesses in the presence and at

the request of the Testator and in the presence of each other

Norman Kibley

Flavel Moses

Sworn to & subscribed in open Court this 17th day

of April A.D. 1852-
D.T. Fuller

Probate Judge

of Del. Co. O.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 108)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 108)

Description

[page 108]

[corresponds to page 56 of Will Book 3]

56 John Leak Deceased-Will

Proceedings had at the Office of the Porbate Judge

in Delaware, County of Delaware & State of Ohio before

D.T. Fuller Probate Judge withing & for said County on

the 20th day of April A.D. 1852

The last Will & testament of John Leak late of Trenton

Township Delaware County Ohio deceased was this say

produced in Court by Mr. Barnes Attorney for John

M. Leak, and James Stout Gilbert Van Dorn & Robt.

Shannon subscribing witnesses to said Will, appeared

and in open Court on oath testified to the due execution

of said will-whereupon George Shultz, Benjamin Snyder

& J.M. Condit, persons interested, caused a subpena to

be issued for T.A. Watson & other witnesses on opposi=

=tion to the Probate of said Will, and John M. Leak

caused to be subpoenaed John M. Ogden & other witnesses

to sustain said will, all whose testimony was reduced

to writing, and by them respectively subscribed & filed.

And it appearing to the Court by said testimony that said

will was duly attested & executed & that the said testator

at the time of executing the same was of sound mind

& memory & of full age and not under any constraint

It is ordered by the Court that the said will & testimony

of the subscribing witnesses to the same be was recorded-

And thereupon the said John M. Leak the executor in

the will named, signifying his refusal to accept the terms

of executing said will & the certificate of Leak Widow

of the said John Leak being produced to the Court by which

it appears that she declines taking letters of administration

on the estate of her deceased husband & requests the appoi=

=ntment of Robert Wilson, it is therefore further ordered by

that the said Robert Wilson be appointed administrator

with the will annexed on the Estate of the said John Leak

and that Gilbert VanDorn Silas Ogden & B.A. Streeter

appraise the personal property of the said testator-and

it is further ordered that the said Robert Wilson give

Bonds in the sum of $500 with William M. Chandler & John M. Leak

as sureties conditioned according to law, whereupon

the said Robert Wilson appeared in open Court accepted

said appointment and gave bond accordingly

Which said will & proof is as follows to wit:

In the name of the Benevolent Father of All. I, John

Leak of the County of Delaware and State of Ohio do

make & publish this my last will and testament.

1st I give and bequeath to my beloved wife in lieu of her

dower the south half of the farm on which we now

reside for her benefit and use during her natural life
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 109)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 109)

Description

[page 109]

[corresponds to page 57 of Will Book 3]

John Leak De'eased-Will 57

owed whilst she remains my widow-at her decease or Ma=

=riage the said bequest I give unto my the oldest lawful ma=

=le heir of my son John M. Leak. I give unto my

beloved wife the team now on the farm (the two old mares)

three cows twelve sheep & all the farming utensils, wagon har=

=ness etc etc household furniture etc Fifty bushels of wheat

all the growing crops Fifty dollars in cash to repair build=

=ings & fifty dollars to build a waggon house, after the vendue

of personal property. All the timber on the eight acres adjoi=

=ning John M. Leak's farm on the west & D. Sinckey on the

North to be subject exclusively to the widow's use.

2nd I give and bequeath unto my son John M. Leak the

twelve acres adjoining Cornelius Walker's John Gins & Lemuel

F. Leak's land for which my son John is to pay all my just

debts. I also give unto my son John a portion lying between

said John's & L.F. Lak's land after the death or marriage of

my beloved wife, for which my son John is to pay my

daughters One hundred & twenty dollars, which is to be

equally divided amongst them. The said sum of

One hundred & twenty dollars, which is to be paid within

twenty years from this date.

3rd I give and bequeath unto my son Samuel F.

Leak the fifty acres now in his possession & which

the said Samuel has made improvements provided

he returns to this State, and if the said Samuel

shall not return to this State I give and bequeath

the said fifty acres to the oldest lawful male heir

of John M. Leak - that is oldest lawful male heir

of said John

4th I give and bequeath unto my son Gilbert

M. Leak the North half of the farm of on which

I live to be occupied and used during his natural

life; and at his decease the said land I give and

bequeath unto my son John's oldest lawful male heir

5th I direct that in the month of June next all

my personal property, not hereby bequeathed shall

be sold to the highest bidder at public auction and

after deducting the fifty dollars to be given to my

wife widow as before mentioned, the balance equ=

=ally divided amongst my daughters

6th I give and bequeath unto Emery Leak & Harriet

heirs of A.C. Leak, five dollars each to be paid when

they become of age by my executor

7th I hereby declare and publish that the five acres

on which my son John's home and other buildings

are on he the said John has fully paid for and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 110)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 110)

Description

[page 110]

[corresponds to page 58 of Will Book 3]

58 John Leak decd-Will

deed made to him- but said deed is said to be

lost. In consideration of which payment I bequeath

said land to my said son John_

8th I do hereby nominate and appoint my son

John M Leak Executor of this my last will and

testament, hereby authorizing & empowering him

to compromise, adjust, release and discharge in

such manner as he may think proper the debts &

claims due me- I do also authorize and empower

him to proceed immediately on upon my decease to

take steps to carry out this my last Will & testament

I do hereby revoke all former wills by me made-

In testimony whereof I hereunto set my hand & seal

this 16th day of February A.D. 1852

Signed & acknowledged by said John Leak

John Leak as his last Will and

testament in our presence & signed

by us in his presence

James Stout

Gilbert Van Dorn

Robert Shannon

Whereas I John Leak on this 16th day of February

1852 made my last Will & testament do hereby then declare

the following to be a codicil to the same

I do hereby give unto my son John M. Leak one

pair of oxen now in said John's possession for which

said John M Leak is pay all the expenses of admin=

=istration In testimony whereof I hereunto set my

hand & seal this 16th day of February 1852

Signed & acknowledged by said John Leak

John Leak as his last will &

testament in our presence and

signed by us in his presence


James Stout

Gilbert Van Dorn

Robert Shannon


State of Ohio Delaware County SS

Personally appeared in open Court James Stout

Gilbert Van Dorn & Robert Shannon, subscribing

Witnesses to the Will last Will & testament of John

Leak deceased, Who being duly sworn depose & say

_ James Stout, says he drew up the Will of John Leak

deceased, at his request- he appeared of sound mind

& memory at the time he signed-Was under no in=

fluence or restraint as far as I know. Said testator


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 111)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 111)

Description

[page 111]

[corresponds to page 59 of Will Book 3]

59

called on me to write his will. I drew up two or three before

the testator was satisfied-the last-the one now before the

Court, he seemed to be satisfied with and signed it in my

presence and in the presence of the other witnesses. Testator

requested us to sign it as witnesses. Myself, Gilbert VanDorn

and Robert Shannon-this request for us to sign was

after I had asked the Testator if he wished us to sign as

witnesses. Cross Examiner- witness came to this County

three or four months ago-lived for the three months previous

to testator's death within one fourth mile of a mile of his testator's res=

=idence-had not much acquaintenance with testator until-

his last sickness. Saw him about two days before he made his

will-had considerable conversation with him. On Sunday

evening the second time I saw him after his sickness, Testator

said he wished me to do some writing for him. On Monday,

the next day John M. Leak spoke to me about writing a will

for his father John Leak. Witness was at the residence of Testa=

=tor on Saturday evening about half an hour and on Sunday

night suceeding about the same length of time, before

he made his will. Question. "What remarks were made by tes=

=tator when you was talking with him about making will

and writing the will evidencing unsettled state of mind

if any?" Answer-Testator said how stored are some eggs

or a nest of eggs-or something of this kind, at which I was

a good deal surprised. I got up from the table & turned round

testator said never mind, go on. At another time, either

on Saturday or Sunday evening previous, Testator said he

wanted to go home, and would not let him go

home. When John M. Leak called on witness to go and draw

a will for his father, John M. said his father wished to entail

his property. Witness told him it could not be done under

our laws. Testator also told witness that he wished to entail

his property- he told testator that it could not be done and

read Statute to him. When witness told testator that it could

not be done, testator seemed very much surprised. When

witness read Statute to him on the subject, Testator re=

=marked well that is very plain, and told witness to

go on writing will. Testator gave instructions to witness

as to drawing his will, and when witness had drawn the

will as he thought pursuant to these instruction, testator

was not satisfied and made changes, though no very

material ones, until the witness had prepared the will

the second or third time. When the testator was satisfied

Testator gave his instructions to witness at great length,

and conposed personal and real property in giving it out

to him in giving instructions as to Gilbert's share, he

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 112)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 112)

Description

[page 112]

[corresponds to page 60 of Will Book 3]

60

1st he wanted to deprive him of the right of cutting timber

2nd he wished himm to have the right of cutting it for his own

use only. John M. Leak was present & had conversation with

his father the testator during the time or part of the time

I was preparing the will. John M. wished his father to

bequeath him 8 or 12 acres of land that was adjoining his

John M. Leak's land -on some terms- and that if he

had to pay for it, his wished for a long enough time to

do it in, the testator after conversation with John M.

fixed the period 20 years, Question. "What evidences

other than those already stated, have you of want of

soundness of mind of testator?" Answer. "I know of

none'. Question. Had you not some doubt, at the time

the testator gave his instructions for a will, of his capacity

to make one"? Answer. "I had not, if I had seen the

will, without conversing with the man, I should have

thought it will of a crazy man", because he made

such an unnatural disposition of his property, but

upon conversing with him he conversed as rationally as

men generally do, Although I had very little acquain=

=tance with him. I think testator's age was 75 when

he died, he was feeble at the time of writing his will,

when he spoke or did anything, he did it with energy and some

effort. Question. "Did you not have some conversation

with Mr. VanDorn on your way home from signing

the will as witnesses, as to the sanity of the Testator"?

Answer. "We did. We conversed all the way home, about

one quarter of a mile, and after we had got home, perhaps

for half an hour. We talked about the eggs. Testator had a

high fever when I saw him. Reexamined. Question.

"Why did you talk about sanity of testator"? Answer.

On account of the strangeness of the will", & further

saith not. James Stout

Gilbert VanDorn States that he was present at the making

will of John Leak & signed the same at his request in the

presence of the other witnesses & in the presence of the testator.

Deponent considered said testator, at the time of making

said will, in his natural mind & thinks testator knew

what he was about, considered him as capable of making

a will as he naturally would be, thinks he was in his natural

mind & appeared about as he did when he made his property.

The reason he says the testator appeared in his natural mind

was that he was a singular man in his manners, was different

in his manners from other men, he sometimes appeared

flighty. I do not mean to say that the testator was insane


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 113)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 113)

Description

[page 113]

[corresponds to page 61 of Will Book 3]

61
but he had a way peculiarly his own of doing business.

Cross-examined. Question by Mr. Finch. "Do you mean to say

that testator Leak was of a sound a mind at the time he

made the will now in controversy as he was when well for years

before"? Ans. "I thought he was" Question by same "Do you

think Mr Leak was for many years previous to his decease of as

sound & disposing mind & memory as men in general"? Ans.

"I have thought him to be so" Question by Mr Finch. "What then do

you mean by saying that he was in his natural mind that he

was a peculiar man & had peculair notions"? Ans. "I mean by

stating that testator was in his natural mind, that he was in

the same mind that he was always in, & that he always worked

instead of studying. One peculiarity of the man was that he alw=

=ays wished or desired to entail his property & so keep it in his fam=

=ily. Deponent considered testator of a sound mind, but not of

a cultivated one" Question by Mr Finch. "Did you hear any

of the conversation of testator & John M. Leak at the time of mak=

=ing the will"? Ans. "I did but cannot tell what it was"

Re-examined. Question by Mr. Barcus. "How long have you

been acquainted with Mr Leak the testator"? Ans. I got acqua=

inted with him about 1814 or 1815. he lived within one qu=

=arter of a mile of Deponent since the spring of 1822 & I have

been well acquainted with him for over 30 years" & further

saith not. Gilbert Van Dorn


Also, Robert Shannon states that he was present at the mak=

=ing the last will (the one now in controversy) of John Leak

& that he was a witness to the same & signed it at the request

of the testator & in his the presence of the other witnesses to the same-

-that the testator was of sound & disposing mind and memory

at the time of making said last will now in controversy,

(taking him in his own way of doing business) and that he

was under no restraint- testator was about 75 years

of age_ Deponent always considered testator a

little singular in his way of doing business. I thought he

appeared to take pains to be odd in his conversation.

Cross-Exm. Question by Mr Finch. Do you not know

at the time of testator making his will, that he had a

high fever & had a flushed face?" Ans. "I was not near

him at the time & did not take particular notice"

Question by Mr Finch. "Do you think if testator's fever

had ceased, he would have been able to sign the will?"

Ans. "I think he would" & further saith not.

Robert Shannon

Subscribed & sworn to this 20th day of April A.D. 1852

D.T. Fuller Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 114)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 114)

Description

[page 114]

[corresponds to page 62 of Will Book 3]


62 Eber C Payne decd ~Will of dec

Proceedings had at the office of the Probate Judge

in Delaware Delaware County & State of Ohio before

D.T. Fuller Probate Judge within & for said County

on the 21st day of June A.D. 1852.

The last will & Testament of Eber C Payne late

of Liberty Township in said County deceased was produced

this day in Court & Wm. P. Benton & Henry Newkirk the

subscribing witnesses to said will appeared, and in open

Court in oath testified to the due correction of said will

which Testimony was reduced to writing and by them

respectively subscribed and filed with said will, and it

appeared to the Court by said testimony that said will

was duly attested & executed and that the said testator

at the time of executing the same was of full age and of

sound mind & memory and not under any restraint, it

is ordered by the Court that said will & testimony be

recorded

I Eber C. Payne of Liberty Township Delaware

County and State of Ohio do make and publish this my

last will & testament.

Item 1st I give & bequeath to my wife in lieu of her

dower, the farm on which we now reside situate in the

Township aforesaid containing forty acres during her natural

life. Likewise all my live stock including my horses,

cattle, sheep and hogs, and all of my shop stock after

my just debts are paid, and I do will all my notes

and Book accounts to my wife to collect and dispose of

for the use of the family.

Item 2nd I do hereby nominate and approve my wife

executrix of this my last will & testament with power to

nominate any person if she chooses to assist her in

collecting my debts.

In testimony whereof I have hereunto set my hand &

seal this eleventh day of May in the year of our Lord, One

Thousand Eight Hundred & fifty.

Signed & acknowledged by said Eber C. Payne [SS]

and signed by us in his presence

Wm P Benton

Henry Newkirk

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 115)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 115)

Description

[page 115]

[corresponds to page 63 of Will Book 3]


63

The State of Ohio Delaware County, SS.

Court of Probate June 21st, 1852

Personally appeared in open Court Wm. P. Benton and

Henry Newkirk, who being duly sworn depose and say that

the paper before them purporting to be the last will and Tes-

=tament of Eber C. Payne, now deceased, was by the said Eber

C. Payne acknowledged, published and declared to be his

last will & testament in presence of these deponents; that

the said deceased was of lawful age, that he was of sound &

disposing mind & memory, and under no restraint, as they

verily believe; that they subscribed the same as witnesses in

the presence of and at the request of the Testator, and in

the presence of each other Wm P. Benton

Sworn to and subscribed in open Henry Newkirk

Court this 21st day of June A.D. 1852

D.T. Fuller



Francis Grove's Deceased Will


Proceedings had at the office of the Probate Judge in

Delaware Delaware County Ohio before D.T. Fuller Probate

Judge within & for said County on the 28th day of June A.D.

1852

The last will & testament of Francis Grove late of Scioto

Township in said County of Delaware deceased was this day

produced in open Court by J.W. Powell Attorney for executors

in said will named; and James M. Snodgrass & M. Mealy

the subscribing witnesses to said will appeared, and in open

Court on oath testified to the due execution of said will; whi

=ch testimony was reduced to writing and by them respective=

=ly subscribed & filed with said will, and it appearing to the

Court by said testimony that said will was duly attested

and executed, and that the said testator at the time of

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

and memory, and not under any constraint, it is ordered

by the Court that said Will & testimony be recorded-

"In the name of the Benevolent Father of all

I. Francis Groves

of Scioto Township Delaware County & State of Ohio

do make and publish this my last Will & testament.

Item First-I give & devise to my beloved wife Sarah

A. Groves in lieu of her dower the farm that I have

as listed for with Croseir of in New-Lime Township

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 116)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 116)

Description

[page 116]

[corresponds to page 64 of Will Book 3]


64 Francis Groves Deceased -Will-

Ashtabula County & State of Ohio containing fifty

acres during her Natural life, and all of the stock

household goods Furniture, provisions and other

goods & chattels which is on hand, and all money, notes

or duebills which may be on hand at the time of my

decease, during her natural life as aforesaid. She how=

=ever paying all lawful debts & closing all contracts that

I had on hand. Also I leave to her the buggy and dandy

Waggon, the Ball mare and harness. At the marriage

or death of my said wife the Real Estate aforesaid and such

part of the personal property of the proceeds thereof as may then

remain unconsumed & enexpended I give & devise to my

daughter Harriet Groves & her heirs. And Also I give and

bequeath to my daughter and Harriet wife and daughter Har=

=riet the Lot of land in Knox County Illinois containing

three Hundred & fifteen acres. Also one hundred & twenty

acres in Fulton County Illinois, or to close a trade for the

Grove's farm in Ashtabula County State of Ohio. My daugh

Harriet to come in possession of hers when she arrives at

lawful age. The above lands or proceeds will fall to my daugh=

=ter Harriet at the marriage or death of my wife.

Item Second. I devise and bequeath to my beloved daugh

=ter Elanor Ackerman Caroline Chandler one Hundred dollars.

Item third. I devise and bequeath to my beloved daughter

Elanor Ackerman One Hundred dollars:

Item fourth- I devise and bequeath to my beloved daughter

Harriet Groves the Bald faced mare colt known as hers,

and when she arrives to lawful age to have about the same

outfit of the other girls and to have a home on the first

farm mentioned, or with her mother while she is a minor

Iten fifth- I do hereby nominate and appoint my Belov:

=ed dau wife guardian of my daughter Harriet Groves

until she arrives at lawful age or intermarries, but in case

my wife should again marry her guardianship of said child

shall cease

Item Sixth-I do hereby nominate & appoint my wife Sarah

A. Groves and John Woodworth of Ashtabula County State

of Ohio Executors of this My last Will and testament hereby

authorizing and empowering them to comrpomise adjust

release and discharge in such manner as they may deem best

proper the debts & claims due me. I do also authorize and

empower them if it shall become necessary in order to pay

my debts to sell by private sale or in such manner upon such

terms of credit or otherwise, as they may think proper all or

as any part of my Real Estate, and deeds to purchasers

to execute acknowledge & deliver in fee simple. I do
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 117)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 117)

Description


[page 117]

[corresponds to page 65 of Will Book 3]

Francis Grove's deceased Will - 65

hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand & seal

of this twenty second day of June One Thousand eight Hundr=

=ed and fifty two.

F. Groves [Seal]

Signed and acknowledged by said Francis Grove as his last

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

presence J.M. Snodgrass. M. Mealy.

State of Ohio In a Court held before D.T. Fuller Esqr.

Delaware County SS Judge of Probate for said County.

Personally appeared in open Court the under

=signed James M. Snodgrass and Michael Mealy who

having then & there been duly sworn depose upon their oaths

say that the paper now here produced in Court purporting

to be the last will and testament of Francis Grove bearing

date the 22nd day of June 1852 was on the day of the date

thereof at the Township of Scioto in the said County of

Delaware declared and published by the said Francis

Grove as his last will and testament. That he then and

there in the presence of these deponents signed his name

thereto as such, that these deponents there & then at his

request and in his presence and in the presence of each

other signed their names thereto as witnesses, That the

said Francis Grove was then & there at the time of

the said execution of the said will of the age of about sixty

one years, of sound mind & and memory not

acting under any restraint and further say not.

James M. Snodgrass

M. Mealey

Sworn to & subscribed before me this 28th day of

June A.D. 1852

D.T. Fuller Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 118)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 118)

Description

[page 118]

[corresponds to page 66 of Will Book 3]



66 Copy of the Will of Henry Kelly Decd

Proceedings had at the office of the Probate Judge

in Delaware Delaware County & State of Ohio

before D. T. Fuller Probate Judge within & for

said County on the 28th day of July A.D. 1852

An authenticated Copy of the last will and

testament of Henry Kelly late of Kentucky in the

County of Fayette was this day produced in Court

by and it appearing to the satisfac=

=tion of the Court that the said will has been proved

in said State of Kentucky according to the laws

of that State, and that said will has relation to

property within the said County of Delaware;

Therefore, on motion, it is ordered by the Court

that said authenticated copy be recorded in the

Records of Wills for said County of Delaware.


Calling to mind the certainty of death and the

uncertainty of life, and being weak in body but of sound

and disposing mind I Henry Kelley do make this

my last Will & Testament revoking all wills heretofore

made by me.

First I give to my Grandson Henry

Kelly Kane my tract of land in the County of Delaware

and State of Ohio, bought of Alexander McLaughlin

Containing Five hundred acres, also my house & lot

in the town of Lancaster, Ohio for and during his

natural life, and should he either arrive at the

age of Twenty one or die before he does so arrive

at the age of Twenty one years leaving issue alive.

Then the fee to pass to and vest in his heirs, or his arriv

=ing at Twenty one years of age or descend to his child

or issue. If he die leaving children before he arrive

at age, all the rest and residue of my estate of every

kind I devise to my friend Joseph Bruin who I make

Executor of this my will for the use and benefit of my

two Daughters Charlotte Kane and Eleanor Stephens

to be held by him to the exclusive use of my said

daughter free from the right or controll of their Hu-

sbands or any creditor of their Husbands or either of

them. And my desire is that my said Trustee place

estate at interest and allow my daughter from

time to time such portions of either principal or

interest as he may find their necessities require

and in the event of my daughters becoming discov-

=erd the Trustee may pay over such daughter as

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 119)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 119)

Description

[page 119]

[corresponds to page 67 of Will Book 3]

67

shall become so her proportion of the Estate, and

on the death of my daughters or either of them the

Trustee will pay over their portion to their children I

direct that no security shall be required of my said

Trustee having full confidence that he will faithfully

execute this trust, and as my daughter Eleanor Stephens

is destitute, I direct that in the event of my death

that the Trustee allows her six dollars a week as a support

until her part can be ascertained, and should my

Grand son Henry K. Kane die before he arrive at Twenty

one years and without issue living as aforesaid, Then

the tract of land and lot devised to him. I devise

to be equally divided between my Grand children

Thomas Kane and Eliza Kane and their heirs forever

done this 28th day of June 1833. Henry Kelly

R Wickliffe

A Sawell

Fayette County, To wit: August Court 1833

This writing purporting to be the last will & Testam-

=ent of Henry Kelly deceased was produced in open

Court and proved by the oaths of Robert Wickliffe

and A Sawell the subscribing witnesses thereto, and

ordered to be recorded, which is truly done in my

office

I hereby certify that the children of Thomas Kane

Decd the parties named in the will of their Grand father

Henry Kelly dated 28th of June 1833 were well known

to me, that Henry Kelly Kane is dead, that he dies in

the year 1835, when quite a child, and that Thomas

Kane is also dead, that he dies at New Orleans 21st

January 1846, without issue and that Elza Kane the

wife of John Barbee is the only one of said children

now living H.A. Hurnesmil

State of Kentucky City of Louisville SS

Before me a commisioner of said state of

Kentucky to take acknowledgement of Deeds or other

contracts for use or record in the State of Ohio

came this 29th day of June 1852. Henry A Hurnesmil

well known to me and signed and sworn to the above

certificate & stated on oath that the statements in the

same are true to the best of his knowledge & beliefs.

Witness my signature & official seal

Ballard Smith

Commissioner for Ohio.


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 120)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 120)

Description

[page 120]

[corresponds to page 68 of Will Book 3]


68 Copy of Will of Samuel Landon dec'd

Proceedings had at the office of Probate Judge

in Delaware, Delaware County & State of Ohio before

D.T. Fuller Probate Judge within & for said County on

the 20th day of August 1852.

The last will & testament of Samuel Landon

late of Thompson township in said County deceased

was this day produced in Court by Laban Landon &

James Landon, executors in said will named, and

Charles Rutz one of the subscribers to said will appe-

=ared and in open Court on oath testified to the due exec-

ution of said will, which testimony was reduced to

writing and by him subscribed and filed with said

will - and not if appeared to the Court that B. T. Blake

the other subscribing witness had left and gone to

parts unknown, testimony of his hand writing was

taken and ordered to be filed with said will. And

the Court being satisfied by said testimony that said

will wa. duly attested and executed, and that the

said testator at the time of executing the same

was of full age and of sound mind & memory, and

not under any restraint, it is ordered by the Court

that said will & testimony be recorded. Therefore

Laban Landon & James Sandors the executors in

said will named appeared in Court and signified

their acceptance of the trust of executing said will.

It is therefore further ordered that letters testamentary

be issued to them authorizing bonds in the sum of

$2500.00 with John Wolfley as surety conditioned

according to law. The Court appoints Samuel C.

Weeks, Jacob Hoskins & Zirah Linsley appraisers of the

personal estate of said testator.

State of Ohio, Delaware County SS.

August 14, 1852.

First, it is my will that my just

debts and all charges be paid out of my estate.

2. I give to my beloved wife Sarah all my lands

moneys, goods, & chattels to have & to hold as her own to

all intents and purposes during her natural life.

particularly the house and all the household goods.

3rd. That after the death of my wife, it is my will

that all the remaining property as above designated be

equally divided between my brothers & sisters, and

that the said Administrators may have power to

sell all goods and chattels necessary as they shall think

best. And they shall have privaledge to rent the farm

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 121)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 121)

Description

[page 121]

[corresponds to page 69 of Will Book 3]

69

to the best advantage and also see that it is

kept up & taken care of. And that they shall see that

my wife is taken care of. And they shall have a

reasonable compensation for all that they do. And

all their trouble, and that if the said administrators

should neglect to take care of my wife so that she

should have just reason to complain they may be

remanded and others appointed, And the said

Administrators shall keep a correct account and

inventory of all the Sellar received from the sale of

property goods & chattels of cash or other property so

as to render a true & satisfactory account to all

interested of their doings as pertains to the above

business.

4th I do appoint Laban Landon & James

Landon , 2nd as the administrators of my this my

last will and testament.

attest Samuel Landon

J.P. Blake}-

Charles Butz}-

State of Ohio, Delaware County SS.

Personally appeared Charles Butz and being

duly sworn deposes & says, that the paper now before

the court, purporting to be the last will & testament

of Samuel Landon, was signed & sealed and ack-

=nowledged in my presence and in the presence of J.

P. Blake the other subscribing witness to the same.

that the said Samuel Landon was at the time

of executing the same of sound and disposing

mind & memory, and that he was acting under

no restraint - that the said Landon was about

Forty- eight years of age. This deponent further says

that J. P. Blake the other subscribing witness to this

will, has gone to parts unknown to this deponent

that this deponent saw him sign his name to

the same as a witness- and that both of us signed

the same at the request of the testator, and further

saith not. Charles Butz

Sworn to & subscribed before me this

20th day of August 1852.

D.T. Fuller

Probate Judge.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 122)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 122)

Description

[page 122]

[corresponds to page 70 of Will Book 3]


70 Geo B. Ackley Deceased - Will

Proceedings had at the office of the Probate Judge

in Delaware Delaware County & State of Ohio. before

D.T. Fuller Probate Judge within & for said County on

the 31st day of August A.D. 1852

The last will and testament of George B. Ackley

late of Thompson Township in said County deceased

was this day produced in Court by Sarah Ackley the exec-

utor in the will named and H.T. Cummingham and

Peter Whitsel the subscribing witnesses to said will app=

= eared and in open court on oath testified to the due exe=

=cution of said will: which testimony was reduced

to writing and by them respectively subscribed and

filed with said will: and it appearing to the Court by

said testimony that said will was duly attested and

executed and that the said testators, at the time of exec

=uting the same was of full age and of sound mind

and memory and not under any restraint, it is

ordered by the Court that said will and testimony be

recorded- Whereupon Sarah Ackley the executor in said

will named appeared in court and signified her acc=

=eptance of the time of executing said will. It is therefore

ordered by the Court that letters testamentary be issued to

her upon her giving bonds in the sum of $500.00 in the

sum with H.T. Cunningham & Philip Whitsel as sureties

constitioned according to law. The Court appoints

H.T. Cummingham & Peter Whitsel appraisers of the person

=al estate of said testator

In the name of God Amen: I George B. Ackley

of the Township of Thompson in the County of Dela=

=ware & State of Ohio, being of sound mind and

memory (blessed be Almighty God for the same) do

make and publish this my last will and testament.

I give and bequeath to my beloved wife Sarah all

my personal property, also all my real estate during

her natural life - at her decease to be divided amoungst

my children equally - I do nominate and appoint

my beloved wife Sarah to be the sole executor of this

my last will and testament - In testimony whereof

I hereunto set my hand & seal and publish and

decree this to be my last will & testament in presence

of the witnesses named below this 29th day of March

in the year of our Lord one thousand eight hundred

and fifty one

George B. Ackley (Seal)

Signed sealed and declared & published by the

said Geo. B. Ackley as and for his last will and

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 123)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 123)

Description

[page 123]

[corresponds to page 71 of Will Book 3]


71

testament in the presence of us, who at his request and

in his presence and in presence of each other have

subscribed our names as witnesses hereto

H.T. Cunningham
his
Peter x Whitsel
mark

State of Ohio Delaware County Ss:

County of Probate Aug. 31st 1852

Personally appeared in open court H.T. Cunningham

and Peter Whitsel who being duly sworn depose and say

that the paper before them purporting to be the last will

and testament of Geo. B. Ackley now deceased, was

by the said Geo. B. Ackley acknowledged published and

declared to be his last will and testament in the presence

of these deponents: that the said deceased now of lawful

age, that he was of sound and disposing mind and mem

=ory and under no restraint as they verily believe that

they subscribed the same as witnesses in the presence and

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

other

H.T. Cunningham
his
Peter X Whitsel
mark

Sworn to & subscribed in open court this 31st day of

August, A.D. 1852

D.T. Fuller Probate Judge []
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 124)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 124)

Description

[Page 124]

[corresponds to page 72 of Will Book 3]


72 Jeremiah Howard Deceased- Will


Proceedings had at the office of the Probate Judge in

Delaware Delaware County Ohio, before D.T. Fuller Probate

Judge in and for said County on the 7th day of Sept.

A.D. 1852

The last will and testament of Jeremiah Howard late

of Delaware in said County, was this day produced in

Court by Wm Reid Atty for the Executor in the said

named, & Wm P. Reid & Sidney Moore, the subscribing

witnesses to said will, appeared and in open court on

oath, testified to the due execution of said will; which

testimony was reduced to writing and by them respectively

subscribed and filed above said will: and it appearing

to the court by said testimony that said will was duly

attested & executed, and that the said testator at the

time of executing the same, was of full age, of sound

mind and memory and not under any restraint

It is ordered by the Court, that said will and testimony

be recorded- Whereupon Marshall L. Griffin the exec-

=utor in the will named, appeared in court and

signified his acceptance of the trust of executing said

will, it is therefore further ordered that letters testam

=entary be opened to him upon his giving bonds in the

of $ 1200.00 with Sidney Moore and Seth H. Allen as

sureties conditioned according to law: The court app =

=oints Wm Manson W. Jones & John F. Latimer appr=

=aisers of the pesonal property of said testator-

In the manner of the Benevolent Father of All-

I Jeremiah Howard of Delaware Ohio do make

and publish this my last will and testament-

First- I give and devise to my beloved wife in lieu of

her dower, the Home Shop & lot in the Town of Delaware

now occupied by myself and family during her natural

life or so long as she continues to be my widow, and

all the stock household goods furniture provisions or

or other goods & chattels, I may now or hereafter may

become entitled to- in fact all my property of every

name and nature, belonging to me at the time

of my decease during her natural life if she so long

continues to be my widow as aforesaid. My executor

however selling so much thereof as may be sufficient to

pay my just debts- At the death of my wife, or in the

event of her marriage, the real estate aforesaid and such

part of the personal property or the proceeds thereof, as

may then remain uncommissioned & unexpended I

give and devise in equal proportion or shares my

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 125)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 125)

Description

[page 125]

[corresponds to page 73 of Will Book 3]

73

my several children who may then be alive -

I do hereby nominate and appoint Marshall L. Griffin

executor of this my last will and testament, hereby author

izing and enforcing him to compromise adjust release

and discharge in such manner as he may deem proper

the debts and claims due me

I also authorize and empower him of it shall become

necessary in order to pay my debts to sell by private sale or

in such manner, upon such terms of credit, or otherwise

as he may think proper all or any part of my real estate

and deeds to purchases to execute and acknowledge and

deliver in fee simple- The bequeath is made to my wife

and is to continue during her natural life- but if she

marry then the property intended to be divided, is to go to

my children as herein before stated upon the occurrence of

such an event- I do hereby revoke all former wills by

me made - In testimony whereof I have hereunto set my

hand & seal this sixth day of December A.D. 1851

J. Howard {Seal}

Signed and acknowledged by said Jeremiah Howard

as his last will and testament in our presence and signed

by us in his presence

Sidney Moore

W.P. Reid-

The State of Ohio Delaware County SS

Personally appeared in open Court - ) Court of Probate

Wm P. Reid & Sidney Moore who being ) Sept. 7th 1852

duly sworn depose and say that the )

paper before them purporting to be the last will and

testament of Jeremiah Howard now deceased was

by the said Jeremiah Howard acknowledged publis=

=hed and declared to be his last will and testament in

the presence of these deponents - that the said deceased was

of lawful age, that he was of sound and disposing mind

and memory and under no restraint as they verily

believe - that they subscribed the same as witnesses in his

presence and at the request of the testator and in the

presence of each other -

Wm P. Reid

Sidney Moore

Sworn to & subscribed in open Court this 7th day of Sept.

A.D. 1852- D.T. Fuller

Probate Judge -


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 126)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 126)

Description

[Page 126]

[corresponds to page 74 of Will Book 3]

74

Roberts Brown's Deceased - will

Proceedings had at the Office of the Probate Judge

in Delaware Delaware County Ohio before D.T. Fuller

Pobate Judge in and for said County on the 8th day

of September A.D. 1852

The last will and testament of Robert Brown late

of Troy in said County deceased was this day produced

in Court by John C. Brown the executor in the will

named and Henry Willey and George Davenport

the subscribing witnesses to said will appeared and in

open Court on oath testified to the due execution of said

will, which testimony was reduced to writing and by th=

=em respectively subscribed and filed with said will -

And it appearing to the court from said testimony that

said will was duly attested and executed and that

the said testator was at the time of executing the same

was of full age, of sound mind and memory and

not under any restraint. It is ordered that said will

and testimony be recorded - Whereupon John C. Brown

the Executor in said will named appeared in Court

and signified his acceptance of the trust of executing

said will, it is therefore further ordered that letter testa=

=mentary be issued to him upon his giving bonds in the

sum of $4000.00 with Henry Willey & John Cunningham

as sureties conditioned according to law - The Court

appoints Henry Willey, Wm G. Norris and Thos. F. Case app=

=raisers of the personal Estate of said Testator-


In the name of the Benvolent Father of all

I, Robert Brown of the County of Delaware & State of

Ohio, being of sound mind, do make & publish this my

last will and testament in manner & form following;

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

2d I give and bequeath to my wife June H. Brown in

lieu of her dower, one third of the farm on which I now

live during her natural life, and our year's provision for

herself and her two children, and five shares which I

hold in Cleveland and Columbus Railroad -

3rd I give and begueath to my son John C. Brown the

farm of One hundred and twenty acres more on less -

which I lately purchased of Uriah W. Hinton known

as the Old Hinton farm by him paying about five

hundred dollars which I owe to Charity Hinton

I also give to my son John C. Brown my large bay

horse - 4th It is my will that my wife shall have one

third of all my household furniture beds and bedding

and the balance to be divided between my four

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 127)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 127)

Description

[Page 127]

[corresponds to page 75 of Will Book 3]

75

daughters, Hannah M. Margaret J. Julia A, and Sarah

M. Brown 5th Its my will that all the balance of my

personal property and effects be sold and the proceeds be

divided equally between James R. Brown Hannah M.

Brown, Margaret J. Brown Julia A. Brown & Sarah M.

Brown, Robert H. Brown William S. Brown and John

C. Brown - 6th It is my will that the farm on which I

now live, after my wife's dower, be divided equally betw=

=een all my children except John C. Brown

7th I constitute my son John C. Brown my executor

to settle all my business - Signed and sealed this 5th

day of Sept. A.D. 1852

In presence of Robert Brown {seal}

Henry Willey and

George Davenport

State of Ohio Delaware County Ss.

Court of Probate Sept, 8th 1852

Personally appeared in open court Henry Willey and

George Davenport who being duly sworn depose & say

that the paper before them purporting to be the last

will and testament of Robert Brown now deceased

was by the said Robert Brown acknowledged pub=

=lished and declared to be his last will and testament

in the presence of these deponents - that the said de=

=ceased was of lawful age - that he was of sound

disposing mind and memory and under no

restraint as they verily believe - that they subscribed

the same as witnesses in the presence and at the

request of the testator, and in the presence of each

other Henry Willey

George Davenport

Sworn to & subscribed in open court this 8th day

of Sept. A.D. 1852

D. T. Fuller

Probate Judge Ss

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 128)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 128)

Description

[page 128]

[corresponds to page 76 of Will Book 3]


76 Will of James Taylor deceased.

Proceedings had at the office of the Probate Judge

in Delaware Delaware County Ohio before D.T. Fuller

Probate Judge in and for said County Sept. 11th A.D.

1852. Delaware County Ss.

An authenticated copy of the last will and Testament

of James Taylor late of Cambell County in the State of

Kentucky deceased and of the codicils thereto executed

and proved according to the laws of the State of Kentu-

cky as appears from an authenticated copy of the Record

of the proceedings of the Campbell Circuit Court in the

State of Kentucky and of the said will and Codicil as

there recorded was this day produced in Court by James

Eaton: and is appearing to the satisfaction of the court that

said will and codicils have been executed and proved

in said State of Kentucky acording to the laws of that

State and that said will & codicils have relation to

property within the said County of Delaware in the state

of Ohio. Therefore on motion it is ordered that the said

authenticated copy of the last will and testament of James

Taylor and the codicils thereto be admitted to record in

this court and that the same be recorded in the record

of wills for the said County of Delaware

"Probate Court held at the court House in Georgetown

within and for the county of Brown and State of Ohio, before

John T. Higgins Probate Judge within and for the County

and state foresaid on the 14th of July A.D. 1852

Brown County Ss.

Be it remembered that on this day that is to say on the

14th day of July A.D. 1852 and authenticated copy of the

last will and testament within the codicils thereto of

James Taylor late of Campbell County and the State

of Kentucky deceased and the several orders in relation

to the same was this day presented to the Court for

record and after examining said authenticated copy and

the proofs and evidence in the premises the Court afore-

said did make an order which is in the words 1) figures

following to wit: An authenticated copy of the last will

and testament of James Taylor late of Campbell County

in the State of Kentucky deceased and of the codicils

thereto executed and proved according to the laws of the

laws of the State of Kentucky as appears from an authen-

ticated copy of the record of proceedings of the Campbell

Circuit Court in the State of Kentucky and of the said

will & codicils as there recorded together with an authe-

nicated copy of the order of the Campbell County Court

in the State of Kentucky, recording the same and issuing
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 129)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 129)

Description

[page 129]

[corresponding to page 77 of Will Book 3]

77

letters testamentary thereon to James Taylor was

this day proceeding in court by Storer & Groyhue attor-

-neys for the Executor and some of the devisees named

therein, and it appearing to the satisfaction of the Court

that the said will and codicils have been executed and

proved in said State of Kentucky according to the laws

of that state and that said will & codicils have relation

to property within the said county of Brown in the state

of Ohio. Therefore on motion it is ordered that the said

authenticated copy of the last will & testament of James

Taylor and the codicils thereto be admitted to record in

this Court and that the same be

recorded in the record of wills for the said county

of Brown

Wherefore James Taylor the executor in said

will named, appeared in court and signified his acceptance

of the trust of executing said will. it is therefore further

ordered that letters testamentary be issued to said James

Taylor and whereas by the terms of said last will the

said testator James Taylor expresses a wish that his

executor may execute the same without giving bond

and no sufficient cause appears why bond should be

required from said executor it seems to the Court

expedient not to require any bond from him. and it is

ordered that said letters testamentary issue without bond

being given by said James Taylor.

The court appoint James Loudon, John D. White

and William P. Allen appraisers of the personal estate of

said James Taylor deceased.

The said authenticated copy is in the words and

figures following to wit:

State of Kentucky Campbell Circuit court set-

Be it remembered that heretofore, to wit: on

the 22nd day of March 1849 the following assignment of

errors was filed in the Clerks office of the Clerk afore said

to wit:

Washington T. Berry & R.T. Thornton Trustees.

( Writ of error from the proceedings entries and

( orders of the Campbell County Court at the Nov-

( -ember terms 1848 of said court rejecting the will

( of James Taylor decd and making certain

( orders therein S.S.

James Taylor & others

The appellants Washington T. Berry & R.T. Thornton trustees

etc state that in the above proceedings of the Campbell County

Court at its November term 1848 there is manifest error in all


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 130)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 130)

Description

[page 130]

[corresponding to page 78 of Will Book 3]

78

said proceedings greatly to their prejudice and injury

and for cause of error they say said county court of Camp-

-bell at the said November terms 1848 in the rejection of

the will of Genl James Taylor decd. and in each of said

entries and orders therein made touching the same erred

in the following particulars,

1st Said Court erred in rejecting said will & codicils as the

last will & testament of Genl James Taylor dec. and

in refusing said paper to be recorded as his last will &

testament

2nd Because said Court and in refusing said paper then

offered as the last will and testament of said Taylor to

be recorded as such.

3rd Said Court erred in appointing James Taylor admin-

istrator of the estate of Genl James Taylor decd.

4th Because said Court erred in permitting said James Taylor

to qualify as administrator in said estate and to execute

bond with sureties as such.

5th Because the Court erred in permitting the statement of facts

to be entered on the record in said case which was entered.

6th Because said Court erred in each and every order that

was entered at the said term touching said will.

7th Because said Court erred in each & every order at said

terms touching said estate

8th Because said Court erred in not establishing said will.

9th Because said Court and in permitting a certain

paper signed by John W. Tibbatts and Aaron W. Tibbatts

G.T. Williamson and Jane M. Williamson, H.T. Harris and

Keturah S. Harris to be recorded.

10th Because said Court erred in in each and every order

touching said will administration in said state &

in every paper offered in regard to the same at said term

11th Because there was manifest error in the whole of said

proceedings entries and orders touching said will at

said term.

Therefore they say the same ought to be reversed and they pray

for a writ of error to the April term 1849 of the Campbell

Circuit Court W.J. Berry

R.T. Thornton

by Morehead & Stephenson Attys

Whereupon the following writ of error and summons

were issued herein, viz:

The Commonwealth of Kentucky.

To the Clerk of Campbell County Clerk Greeting:

Because in the record and proceedings and also in the order of a
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 131)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 131)

Description

[page 131]

[corresponding to page 79 of Will Book 3]

79

certain will case lately depending and determined before the

Justice of the Campbell County Court at the November term 1848

wherein a writing purporting to be the last will & testament of

Genl James Taylor decd, with the several codicils ammended thereto after

having been duly proven was rejected by said Court and declared

to be no will and certain other orders and proceedings had therein

in all of which said orders entries and proceedings by said Court

at its said term aforesaid manifest error has intervened to the great

damage and injury of Washington J. Berry and R.T. Thornton trustees &

appointed by and in said will for certain purposes therein named &

for other purposes as we from their complaint are informed and

we being willing that the error if any there be should in due manner

be corrected and full and speedy justice done to the parties in this

behalf. We command you that if a final order & decision be thereupon

given that you do distinctively and openly send the records & proceed-

ings orders and all things touching the same and this writ so that we

may have them on the first day of our April term 1849 of the Campbell

Circuit Court at the Court House in the town of Alexandria that the

records and proceedings aforesaid being inspected we may further

cause to be done thereupon what of right and according to the laws of

this Commonwealth ought to be done ~ Witness Benjamin D. Beall

Clerk of our said Court this said day of March 1849 and in the 57th

year of the Commonwealth Ben D. Beale Clk

by C Daniel D. Clerk C.C.C.

Commonwealth of Kentucky

To the Sheriff of Campbell County Greeting

You are hereby commanded to summon James Taylor Horatio T.

Harris and Keturah S. Harris his wife Geo J. Williamson and Jane M. his

wife. John W. tibbatts & Ann W. his wife to appear before the Judge of the

Campbell Circuit Court at the Court house in the town of Alexandria

on the first day of the April term 1849 of the said Court to show cause

if any they can why an order of the Campbell County Court rejecting

the will of Genl James Taylor decd and declaring the paper offered as

his will to be no will and entering up certain other orders entries etc

in and regard to said will and appointing James Taylor Administrator

on said estate all of which was done at the November term 1848 of said

County Court should not be reversed for errors therein contained as we

from the complaint of Washington J. Berry & R.T. Thornton trustees etc

appointed in and by said will are informed & have then & there this

writ Witness Benj D. Reale Clerk of our said Court at the Court

house aforesaid this 22nd day of March 1849 and in the 57th year of this

commomwealth Benj D. Beale by

C Daniel D. Clk. c.C.C.

upon which is the following return to wit:

Executed on Jane Williamson Ann Tibbatts, John W. Tibbatts

H.T. Harris 22nd March 1849 & on James Taylor Keturah S. Harris 23rd March 1849

O.M. DeCourcy S.C.C.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 132)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 132)

Description

[page 132]

[corresponds to page 80 of Will Book 3]

80

Commonwealth of Kentucky-

To the Sheriff of Campbell County Greeting.

You are hereby commanded to summon Keturah Taylor widow of

Genl James Taylor decd. to appear before the Judge of the Campbell Circuit

Court at the court house in the town of Alexandria on the 1st day of

the April term 1849 of the said Court to show cause if any she can

why an order of the Campbell County Court rejecting the will of Genl

James Taylor decd. and declaring the paper offered as his will to be no

will & entering up certain other orders entries etc in and regard to

said will and appointing James Taylor administrator on said estate

all of which was done at the November term 1848 of the said County

Court should not be reversed for errors therein contained as we from

the complaint of Washington J. Bery & R.T. Thornton trustees & appointed

in and by said will are informed and have them there this writ.

Witness Benj. D. Beale clerk of our said Court at the court house afore-

said this 22nd day of March 1849 in the 57th year of the commonwealth

Benj. D. Beale by

C. Daniel D. Clerk c.c.c

Executed on Keturah Taylor March 23rd 1849 O.M. DeCourcy S.c.c.

And afterwards to wit on the 3rd day of June 1849 the following

summons issued herein.

The Commonwealth of Kentucky

To the Sheriff of Campbell County Greeting

You are hereby commanded to summon Geo. T. Williamson to appear

before the Judge of the Campbell Circuit Court at the court house in the

town of Alexandria on the first day of July their July term, to show cause if any

he can why an order of the Campbell County Court rejecting a will of the

late Genl James Taylor made at their November terms 1848 should

not be reversed for errors therein contained as we from the complaint

of Washington J. Berry & Reuben T. Thornton trustees appointed by and

in said will are informed and have them & there this writ.

Witness Benjamin D. Beale Clerk of our said Court at the Court house

aforesaid this 3rd day of June 1849 and in the 57th year of the common-

wealth Benj. D. Beale Clerk

by James H. Parker D.C.

upon the foregiving summons is the following endoresement and retur-

=rus viz;

I, J.S.C. Bushett sheriff of Campbell County do hereby empower

Joseph Selman to execute a summons upon writ of error which issued from

the clerks office of the Campbell Circuit court in the name of R. T. Thornton

& W.J. Berry Trustees etc against Geo. T. Williamson on the 3rd day of June 1849

Given under my hand this 7th day of July 1849 J.S.C. Buskett S.

I Joseph Selman did on the 7th day of July execute the process men-

=tioned in the within instrument upon the within named Geo. T. Williamson

Joseph Selman
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 133)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 133)

Description

[page 133]

[corresponds to page 81 of Will Book 3]

81

Sworn to before me Mayor of the city of Newport in the County of

Campbell and State of Kentucky this 7th day July 1849

John A. Talliferro Mayor

Campbell County State of Kentucky Ss-

Sworn to before me a Justice of the peace for Campbell

County this 22nd day of October 1849. Jesse Gelken J.P.

The following are copies of the orders of the Campbell County

Court filed in this Court and referred to in the assignment of error

herein.

State of Kentucky Campbell County Ss.

November Court 1848.

A writing purporting to be the last will & testament of Genl James

Taylor decd. with the several codicils thereto annexed was produced to

court and the will & codicils thereto being proven by Samuel Winsboro

and William B. Ross the witnesses thereto the said Winsboro proving

the hand writing of John M. Thornton & R.T. Thornton the other wit-

-nesses thereto and the Court upon due examinations and considerations

of the premises and being sufficiently advised do reject the said

writing and declare the same to be no will:

"Keturah L. Taylor widow and relict of Genl James Taylor decd. sent

to court her relinguishment of the right to administer on the estate of

Genl James Taylor decd. which was proven by the oaths of W.J. Berry &

Ira Root the witnesses thereto."

"On motion of James Taylor Junr Administrator of all and singular

the Goods, Chattels Rights and credits of Genl James Taylor is granted

unto him who took the oath required by law and with John W.

Tibbatts. H.T. Harris & Geo. T. Williamson, his securities executed bond

in the penalty of $40,000 conditioned according to laws."

"The Court direct the following facts to be entered upon the record

to wit.- That James Taylor who was named as executor in the paper

purporting to be the will of Genl James Taylor rejected on yesterday

by the Court after said paper had been read and before the decision

of the Court, stated to the Court that he considered the performance

of the same impracticable and that if it was possible for the Court

to establish the same that he would decline the execution thereof.

And also before the decisions of the Court a paper from Keturah L.

Taylor the widow of Genl James Taylor and one from John W. Tibbatts

and Ann W. his wife H.T. Harris & Keturah his wife, Geo. T. Williamson

and Jane M. his wife were read to the Court and which are in the

words and figures following - To wit."

Newport November 24th 1848

For the justice of the County Court of Campbell County Kentucky

Greeting. I Keturah S. Taylor widow and relief of Genl James Taylor
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 134)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 134)

Description

[page 134]

[corresponds to page 82 of Will Book 3]

82

late of Campbell County deceased do by these presents declare

that I will not take or accept the provision made for me by a

paper reporting to be the will of my deceased husband to be

presented for Probate or any part thereof and renounce all benefit

which I might claim by said will and request the justices do

appoint my son James Taylor and my sons in laws Horatio T.

Harris, John W. Tibbatts, & Geo T. Williamson commissioners to

assign my right of dower in and to the lands of which my late

husband died signed and processed.

Witness

W.J. Berry Respectfully

Ira Root Keturah S. Taylor

Newport Nov. 24th 1848

To the justices of the Campbell County Court in the state of

Kentucky- Gentlemen understanding that a paper purporting

to be the last will & testament of Genl James Taylor late of Campbell

County Kentucky will be presented to the Campbell County Court

for probate and having heard said paper read and taken the same

into due and calm consideration. We the undersigned the only

children of Genl James Taylor except our brother James Taylor

together with our husbands do respectfully request that the said

paper be rejected and declared to be no will for many reasons

us hereunto moving but particularly because we believe it will

be impossible to carry out the objects and purposes therein con-

=tained that it will be the cause of much evil consequences to us and our

families a great loss of proverty to the estate and great injury to the sections

of County in which are situated the large tracts of land belonging to

said estate but more particularly to the county of Campbell.

Respectfully John W. Tibbats

Ann W. Tibbatts

Geo. T. Williamson

Jane M. Williamson

H.T. Harris

Keturah S. Harris

The forgiving are true copies of the orders made in relation to the

will of Genl James Taylor decd. of record in the office of the clerk of the

Campbell County Court. Given under my hand this 21st day of March

A.D. 1849 Ben D. Beale Clk

by James M. Parker D.C.

And that in the 3rd day of April 1849 as a circuit Court held for the

County of Campbell at the Court House in Alexandria the following

orders were made at the times and in the causes hereinafter named. To wit.

Washington J Berry & trustees Pltfs) writ of error

against )

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 135)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 135)

Description

[page 135]

[corresponds to page 83 of Will Book 3]

83

Keturah L. Taylor & others Defts ) To the Campbell County Court

This day came the parties and it is ordered

that the cause be continued - and on motion of the plaintiffs ordered

that a rule issue herein against James Taylor to bring into Court the

will of Genl James Taylor decd. on or before the first day of the next term"

And afterwards to wit, on the 2nd day of October 1849, at a circuit

Court held as a foresaid the following order was made herein.

The service of process herein on Geo. T. Williamson was proven in

court by the oath of Joseph Selman."

And afterwards to wit - on the 3rd day of October 1849 at a circuit

Court held as aforesaid the following order was made herein-

This day came the plaintiffs by their counsel and John W. Tibbatts

and Ann W. His wife and Geo. T. Williamson and Jane M. his wife enter

themselves defendants. And defendant Geo. T. Williamson filed a

Petition for the removal of this cause to the Circuit Court of the United

States which being heard is overruled by the Court and on motion

of Defendants ordered that a Spoe duces tecum issue against the clerk

of the Campbell County Court to bring into Court the order book of

said Court including the orders made at the November terms 1848

and being unable to get through the cause it is continued untill to-

=morrow morning."

And afterwards to wit on the 4th day of October 1849 as a Circuit Court

held as aforesaid the following order was made herein -

"This day came the parties by their Attorneys and the Court having

fully heard the evidence and the arguments of Counsel and the will of

James Taylor dated the 18th day of December 1844, having been fully and

duly proved by the oath of Samuel Winslow one of the subscribing

witnesses thereto who also proved that John M. Thornton & R.T. Thornton

each subscribed said will as witnesses thereto in his presence and in

the presence of the testator, and the first codicil of said will dated the

6th December 1847 having been proved by the oath of said Winslow

to be entirely in the hand writing ( body and Signature) of James Taylor

the Testator, and the second codicil to said will dated the first day

of July 1848 and witnessed by Samuel Winslow and Williams B. Ross having

been duly proved by the oaths of said Winslow and Ross subscribing

witnesses thereto, It is ordered and adjudged that the decisions aforesaid

of the Campbell County Court aforesaid rejecting said will & codicils to

refusing to record them as the last will and testament of James Taylor

be and the same is hereby reversed and the said will and codicils dated

as aforesaid are adjudged and decided to be the last true will and

Testament of James Taylor deceased are hereby established and

ordered to be recorded in this Court and in the Campbell County Court

as such.

And after said will & codicils are recorded It is ordered that


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 136)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 136)

Description

[page 136]

[corresponds to page 84 of will Book 3]

84

they be and they are hereby remanded to the Campbell County

court who are hereby ordered and directed to have said will and

codicils duly recorded as the last will and testament of James Taylor

decd. all of which is ordered to be duly certified to said Court. It is

further ordered that the Plaintiffs in error recover of the defendants

in error their costs in this Court expended & may have execution

therefor."

Said will and codicils was then recorded in the Order Book of said

Court on said 4th day of October 1849 in the words & figures following

to wit; -

I James Taylor

of the County of Campbell and State of Kentucky

do hereby

Make my last will and testament

in manner and form following: - that is to say,

Sec.1 I desire that all the perishable part of my estate be immediately

sold after my deceased and the money arising therefrom be applied

towards the payment of my debts and my funeral expenses. I reserve

from sale all my household furniture and plate, which I give

to my beloved wife. I also reserve from sale my carriage and

horses and as many cows as she may think proper to keep.

Sec.2 All of my real estate in the States of Kentucky, Ohio and Indiana

and elsewhere both Lands and Town Lots.- except my Cincinnati property

and such as is hereafter specialty devised. I direct shall be sold and

disposed of by my executor; and I hereby empower him to sell and

convey the same. From the sales of my said real estate. I wish my

executor to raise a fund for the purpose of paying all my debts -

the taxes on my lands and other property and also to pay all

costs, charges, expenses and fees that may be incurred in the

management of my estate by my executor and agents under him

As this fund which is to be raised from the sales of my real estate

will, in my opinion, be more than will pay my debts and the

expenses, taxes and other charges in the settlement of my estate

my executor is directed to dispose of and invest the surplus as

herein after directed; taking care, however as the expenses will be

great and the taxes high to reserve a sufficiency in his hands

to meet said taxes and expenses which matter is left to his dise-

=resion and judgment as he will have a proper idea of the amount

of my debts taxes and expenses and other claims against my estate.

I direct that my large debts be first paid and that said surplus arising

from the sale of my real estate and other debts due me - after making

a reservation for meeting the taxes, costs and changes that may from

time to time accrue against my estate - be invested as follows, to writ:

First- in erecting suitable buildings for rent on my vacant lots in

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 137)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 137)

Description

[page 137]

[corresponds to page 85 of Will Book 3]

85

the city of Cincinnati and particularly on those in Canal &

Walnut streets. The residue of the money (if any there shall be) I give

one fourth of it to my son James for his own use and he is to

invest the remaining three fourths of it in productive real estate

or ground rents in the city of Cincinnati, Covington or Newport

for the sole and exclusive use and benefit of my three daughters

who are to have the rents and profits of the same during their nat-

-ural lives; and at their death, the title of said property so purch-

-ased to vest in their heirs in fee forever. I will be expedient that

any property, so purchased shall be divided between my said daughters

provided the same is susceptible of diversion, so that each one may

have, hold and enjoy the rents & profits of the same, and for that

purpose my executor will cause commissioners to be appointed by

the Court for that purpose. I hereby direct that in all cases where

my said executor shall purchase real estate on ground units, in

the city of Cincinnati, Covington or Newport for the benefit of

my said daughters that in taking the deeds that said deeds

be made to them so as to distinguish between the property heresay

purchase for these and that he may purchase for himself.

Sec3 In making sales of my real estate my said executor is to use

his discresion- when to sell the same and on such credit as he shall deem

best. - so that the property bring in a fair price and over this matter I

give him full power- having confidence in his honesty and judgement:

and such of the improved lands that remains unsold from time to time

my executor is hereby empowered to lease out the same from time to time

as he shall seem proper, and if necessary to have more land cleared

adjoining to any improvements, so as to increase the value of the

same.

Sec4 If my son James and my daughters should wish to have

reserved from sale two or three lots for each of them in the town

of Newport, it can be done, and my executor is directed to have

a division of said lots that may be reserved from sale, giving

each of my four children, or their heirs, property in lots of equal

value. Some lots may be more valuable than others and the

division is to be so made that the property shall be of equal

value; but this reservation must be made before my executor

shall sell any of said lots. The lots going to my said daughters

they are to have the, entire, sole and exclusive benefits of the rents

and profits of the same during their natural lives and at their

deaths to go to their heirs in fee forever. The lots my son James

shall recieve I give to him and his heirs assigns forever.

Sec5 Having heretofore sold real estate in Kentucky and Ohio some of

which may have been paid for and some not paid for and eviden-

-ces of the debts are now in my hands and in the hands of my diff-

erent agents in the shape of Notes Bonds, Contracts and Mortg-

ages, my said executor is empowered and directed to collect all of

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 138)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 138)

Description

[page 138]

[corresponds to page 86 of Will Book 3]

86

said debts and all other debts due me. whether by bond mortgage or

otherwise and to receipt for the same and he is also empowered and

directed to execute deeds to all persons who hold Title Bonds or Con-

=tracts given and made by him or given and made by any of my

land agents who have been empowered from time to time to sell

lands for me - hereby giving my said executor full and complete

power to close up all my land business and to make letters to those

to whom I or my land agents have sold any lands, towns, lots or

other real estate.

Sec6 My executor is hereby empowered to sell my Bank Stocks and all

other stocks I hold in incorporated companies- but if he desides it

best not to sell he is at liberty to do so and recieve the dividends on

the same which are to be applied to the payment of my debts fees, taxes

and charges incidental to the manamement of my estate.

Sec7 I give to my three daughters, Keturah, Ann & Jane, the residue of

my home on Bellevue tract ajoining the town of Newport except so

much of said tract as I have deeded to my son James, having con-

=veyed to him 800 acres out of said tract. The tract called the Home or

Bellevue tract is that which I own embraced in the patent of my

father, and what I own in Meriweather's patent, also the land now

rented to Hoops and extending up to the land I have given to Mrs.

Harris. Said land is hereby devised to my three daughters to be div-

=ided equally between them, and they are to have the sole and exclusive

use and benefit of the same, and the rents thereof, during their natural

lives, and at their decease the same is to go and decend to their heirs

in fee forever. As the town of Newport is likely to improve and lots

may be wanted if my daughters desire is 120 or 180 acres of the land

on the west side of the road and back of Mayo's Orchard and extending

to Licking may be laid off into town lots and sold and conveyed in

fee or put in perpectual lease as they may choose; and to effect this

object the Circuit Court may appoint a trustee to sell and convey

or lease perpetually said ground- said trustee giving bond and

security faithfully to execute said trust - and to be paid for his

services, and is said trustee shall sell said property or any part

of it, he is to invest the money in productive real estate, in the

city of Cincinnati, Covington or Newport; or if my daughters

prefer it in Ohio or Kentucky State bonds, yielding an annual

interest; and the real estate so to be purchased by said trustee,

he is to take the title to the same to my said daughters, who are

to have the sole and exclusive use and benefit of the rents and

profits of the same and interest on the bonds during their natural

lives and at their deaths the same is to go in fee to their heirs

forever. And if the lots are leased perpetualy, the said trustee is

to deliver the evidences of such leasing to said daughters, who are to

receive for their sole and exclusive use and benefit the yearly

rents and profits of said property. The real estate that may
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 139)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 139)

Description

[page 139]

[corresponds to page 87 of will book 3]

87

be purchased by said trustee, or the prepetual lease or State

bonds, if any are purchased, shall be divided equally between my said

three daughters who are to hold and enjoy their respective parts in

severally during the time limited as aforesaid ; that is for their

natural lives. If my said daughters should not wish to have any

part of said land laid off into lots, as aforesaid, but choose to have

it divided amoung them, any one of them can have their part or

portion laid off into town lots and it can be disposed of by a trustee

as above provided for.

Sec 8 I hereby direct that my Mercer tract on the Ohio river, in

Campbell County and the land I own adjoining pantented to John

Williams together with the tract I own between 3 and 4 miles on

the Ohio patented to Edmund Taylor and adjoining Israel Ware be

divided into 4 parts or lots all of which shall be of equal value as

near as possible, and I give and begueath to each of my children

one fourth of the same - that is to say each of my daughters to have one

fourth , and my son James, one fourth as the same may be divided

and the lots or tratcs so to be divided which shall fall to my daug-

=hters. I give to them and each of them to hold and enjoy the rents

and profits of the same to their seperate sole and exclusive benefit

and for the benefit of no other person for and during their natural

lives, and at their deaths the little of the same is to vest in their heirs

in fee forever. The tract, or fourth part, allowed to my son James, out

of the said Mercer tract and the other tracts mentioned. I give to

my son, James and to him and his heirs forever.

Sec. 9. I direct 1200 acres of my Banklick tract [except the part especi-

=ally hereinafter devised to my daughter Jane] be divided into four

tracts or parcels all of which shall be equal value - as near as

may be possible: and I give and begueath unto each one of my

said children one lot or tract. The tracts or lots which I give to

my daughters they are to have, hold, and enjoy the rents and

profits of the same for their seperate and sole use during their

natural lives and at their deaths the title of the same is to be vest

in their heirs in fee forever. The lot or tract which shall fall or be

allotted to my son James out of the said Banklick tract. I hereby give

to him and to his heirs forever. The 1200 acres refered to is to be taken from

the lower side of Banklick Creek, including the mills and enough

from the upper side of the Creek to make the quantity of 1200 acres is to be

taken from the land on the west side of Banklick Road leading up the

ridge. But if the said 1200 acres is not susceptable of a fair and equal division

enough to make it so is to be added from the land west of said mill road

The improvements on the said lots are to be estimated in making the division

the intention is to make four tracts which shall be as neat as possible of equal

value, and if my children cannot agree themselves as to how the divisions

shall be made, the County Court of Kenton County shall appoint three acceptable

disinterested persons to divide the property. The balance of my land in

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 140)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 140)

Description

[page 140]

[corresponds to page 88 of will book 3]

88

Kenton County is to be sold and conveyed by my executor.

Sec 10 I give and begueath unto my daughter Ann W. Tibbatts my

stock - farm in Union County on Treacles Creek of about 1200 acres - being

survey No 5726, and No 7492 also survey No 10338 of 200 acres, in same

County. My said daughter Ann Tibbatts is to have and to hold

the same during her natural life and to enjoy the rent and

profits thereof for her seperate sole and exclusion her

and benefit and for the use and benefit of no other

person, and at her death the title to the same is

to vest in her heirs in fee forever- She paying the annual

taxes on said land-

Sec 11 I give and bequeath unto my daughter Keturah Harris

my Miami Stock farm- being survey No 1185 of upw

-ards of one thousand acres in Clark and Green Coun-

=ties and the State of Ohio to have and to hold the same

during her natural life, and to hold the rent

and profit thereof for her seperate sole and exclu-

-sive use and benefit, and for the use and ben-

-efit of no other person, and at her death the

title to the same is to vest in her heirs in fee

forever- She paying annual taxes on said land

Sec 12 I give unto my daughter Jane Williamson my

pasture farm, in Green County Ohio - being part

of survey No 816 No 9836 No 784 No 9539 No 9540 and

the east half of survey No 14132 containing in the

whole about 1800 acres, to hold the same during

her natural life, then the title to vest, at her

death, in her heirs forever- She paying the annual

taxes on the land

Sec 13 I hereby give unto my three daughters my Parnel's

bottom tract of land in Boone County Kentucky

except 100 acres, which is to be laid off - partly on

lower side, the upper side, and back of the town

of Taylorsville- as my executor shall direct, which

is reserved to be laid out into lots, if my executor

deems necessary for said town, and to be sold

by my executor. The said Parnel's bottom tract

is to be divided between my said three daughters

who are to have hold and enjoy the rent and

profits thereof, for their seperate sole and exclu-

-sive benefit and use and at their death the title

to the land is to vest in fee in their heirs forever-

they paying the annual taxes on the land.

Sec 14 My Garrard Station tract of land - being survey

No 536 and No 5113 containing about 615 acres more

or less, situated in the County of Hamilton and
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 141)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 141)

Description

[page 141]

[corresponds to page 89 of will book 3]

89

State of Ohio, on the Little Miami River, I hereby and

begueath to my son James and his heirs forever-

Sec 15 My real estate which I now own, in the City of Cinc-

=innati, and such as I may purchase in said City,

my executor is direced to rent out from year to

year, and receive the rent of the same, and said

real estate, is not to be divided amoung my chil-

-dren, or their heirs until after the death of my

beloved wife, after her death, said real estate,

in said city, is to be divided equally between my

four children, or the heirs of any of said chil-

=dren, if any of my children should die before

that period; and the portion or portions, which

shall be allotted to my daughters, I give and

begueath them the same, to have and to hold

the same, for their seperate, sole, use and ben-

=efit, and for the use and benefit of no other

person, or persons during their natural lives,

and at their deaths, the title to the same is to

vest in their heirs in fee forever. The part, or portion,

of the real estate in the city of Cincinnati, which

shall fall or be allotted to my son, James. I

hereby give and begueath to him and his heirs

forever

Sec 16 I hereby direct that my executor shall rent out

and receive the rent of my Ferries, and such Ferries

as may be established, from my landings on the Newport

and Cincinnati shores, during his life, and after de

=ducting the cost and expences of renting and attending

to the same, he is to pay over to my said daughters

or their heirs- if they should die- three fourths of

said rent, for their seperate sole use and benefit

and their recipts for said rents and all legacies

herein, shall be a sufficient discharge to my exe-

-cutor. But I here expressly declare that the

rents of said Ferries, are not to be paid to my

said children, or their heirs untill after the

death of my wife. After the death of my wife

my son James, is to retain for his own use one

fourth of the rent of said ferries. After the

death of my son James I bequeath the ferry ac-

=ross the Ohio, from Newport and Licking ferry, and

my right & title to the esplanade in front of the

town of Newport, and the river shore in front of

the Newport manufacturing companys grounds, to

my children who may be living, and if any of them
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 142)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 142)

Description

[page 142]

[corresponds to page 90 of will book 3]

90

are dead, to their heir. My children are to have the

rent and profit of said ferries, during their na-

=tural lives, for their seperate, sole and exclusive

use and benefit, and at their deaths, the same

is to vest in their children - the children of my

son, James, to have one fourth part of said

ferries at his death -

Sec 17 From the rent of my said ferries and the rents of

my real estate in the City of Cincinnati, and any

other funds in the hands of my executor, or which

may come into his hands I hereby direct him to pay

over annaully to my beloved wife, the sum of fifteen

hundred dollars during her life and to be paid to

her quarterly, which, together with the other provisions

made her; in this my will, is to be in lieu of

dower, in my estate and in lieu of all part or

portion of my property either real, personal or

mixed -


Sec 18 As my estate is large, and as my executor, who is

my son, James, will have much trouble and

labor, to settle up and manage the same, and as

he cannot do it without the aid of others. I

hereby direct and empower him to employ a sufficient

number of agents, clerks, and attorneys to aid him

in selling my said lands and attending to all

of my businesses of every kind. And my said ex-

=ecutor is to pay said agents, clerks, and attorneys

for their services out of any funds that may be

in his hands. And, I here expressly declare that

my son James My executor, shall not be held

liable for the negligence or improper or fraudlantly

conduct of any agent, clerk, or attorney. That may

be appointed by him. All that I ask and expect

of my executor, is that he will do the best he can

to manage and close up my estate, and as he

must rely on the conduct and services of others I

do not intend that he shall be held personally

responsible for their negligence or bad conduct -

Sec 19 I hereby direct that my executor shall remain a liberal

compensation for all his services both as executor

and where he may be considered as trustee for my

estate and for my daughters, and he is to retain

in his hands, from time to time, his pay or compensation

for said services that may be rendered by him. My

said executor is to keep and accurate account of all

monies recieved and paid out by him, which books of
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Description

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[corresponds to page 91 of will book 3]

91

accounts shall be evidence for and against him in settlements

he may make from time to time.

Sec 20 If it should so happen that any one of my childrens are disatisfied

with the devises made them and should prefer property devised to anot-

=her and should wish to exchange property so devised with each other I

hereby empower them to make such exchanges with each other of any

property herein devised them and to transfer the title, each to the other

but they are to hold said estate or property thus transfered and exchanged

in the same manner that the estate was held before the transfer or

exchange was made, But if any one of my said daughters should

wish to exchange property so devised them in this will, with my

son James, their estate being only an estate for life, I hereby dec-

=lare that the property exchanges and transfered by them to him shall

vest in him an estate in fee and not for life, and the property that

may be transfered from him to them, shall vest in them an estate

which they shall hold and enjoy during their natural lives, for

their sole and seperate use and benefit, and at their demise to go to

their heirs in fee forever.

Sec 21 If the Ohio farms and lands and the Parnell Bottom tract in Kentucky

devised to my said three daughters should be found not to be productive,

and if my said daughters or any one of them should devise to exchange

the same for productive property either in Covington, Cincinnati

or Newport or may desire to sell the same. I hereby direct that

said exchange or sale may be made, provided my son James shall

advise it - and provided also that the real estate that may be

exchanged for said farms and lands shall be so vested in my said

daughters that they shall have a life estate in the same with the

receipts of the rents and profits thereof for their sole and exclusive

use and benefit and that the same shall go to their heirs in fee

at their demise, And I will permit said lands and farms so

devised to my said daughters to be sold only on condition that the funds

arising from the sale thereof be invested in productive real estate

or ground rents in Covington, Cincinnati or Newport the title

to which is to be vested in my said daughters or such of them as

shall desire to sell said lands and farms so that they hold the same

during their natural lives and recieve the rents and profits thereof

during that time to their sole and separate use and benefit and at their

demise the title of the same is to vest in their heirs in fee and if

the said lands and farms so devised to my said daughters can be

exchanged or disposed of as above stated I consent to the same but

not otherwise.

Sec. 22 As my executor well have to attend to my suits now pending in the

Courts and such as may be brought against my estate and to all conflicting

claims to my lands, I hereby direct and invest him with full power to settle

compound and adjust by way of compromises all or any of such claim

suits or demands against my estate giving my said executor full power
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Description

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[corresponds to page 92 of Will Book 3]

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and control over all such matters and things to enable him to effect

the same

Sec 23 My said executor is empowered to exchange if he shall think fit any of

my lands either in Kentucky, Ohio or Indianna for productive property

in Cincinnati, Covington or Newport which property so obtained. I

begueath three fourths of the same to my three daughters and if any of

them should die then to their heirs. My said daughters are to have, hold

and enjoy the rents and profits of the same during their natural lives.

for their sole and seperate use and benefit and at their demise the title

is to vest in fee in their heirs forever. The remaining fourth part of said

real estate so obtained by such exchange I give to my son James and

his heirs forever.

Sec 24 If my son Jmaes should die before my estate is fully settled up, I hereby

invest him with power to appoint an executor to this my will for the

benefit of my estate and said executor so appointed by him is to have

the same power herein given to my executor and to be paid a fair

compensation for his services.

Sec 25 My son James who is the executor of this my will, shall not be

required to pay interest on any money which shall be recieved by him

from time to time before expending or investing the same believing

that he will do full and ample justice to my other childrens in all matters

relating to their interest.

Sec 26 I direct that my son James who is my executor of this my will shall

not be required or compelled to give security, either as executor or trustee

of my estate, under this my will either by the Courts of Kentucky,

Ohio or Indianna, or elsewhere; my estate is a large one and he may

find it difficult and inconvenient to procure security for so large an

amount. I have great confidence in his honesty and ability and I

therefore direct that my security shall be required by him.

Sec 27 I give and begueath to my daughter Keturah Harris the tract

of land adjoining my son James land and extending down to

Licking to where the line Obanan etc crosses Licking and

extending back to three mile Creek adjoining David Downard's

land which tract contains about three hundred acres more or less.

I also give to my said daughter Keturah in lot No 16 in Newport

Kentucky and the house thereof to have and to hold and recieve

the rents and profits of said tract of land and the said house and

lot during her natural life for her sole, separate and exclusive use

and benefit, and at her demise, the title of the same is to vest

in her heirs in fee forever.

Sec 28 I give and begueath to my daughter Jane Williamson the 323 1-2

acres of land in Kenton County on Licking river adjoining my Bank Lick

tract being part of the land I purchased Of Colston and for which my

daughter Jane has my obligation the plat of said land being recorded

in plat book page 29 being the same survey made by E Yates April

13th 1836. I also give unto my said daughter, one hundred acres of

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Description

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[corresponds to page 93 of Will Book 3]

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land of the land I got of Colston and adjoining the said tract above

described, and to lay as follows: To begin at the Red Oak at F. on the

recorded plat corner to Oberdorf, thence S. 45 W. to the corner of Sout-

-hgates land - thence to run to Bank Lick creek to a stone on the lower

side of said Creek, thence down the creek so far that a line paralel

to the first mentioned line will include a quality of one hundred

acres to have and to hold the same during her natural life; and to recieve

the rents and profits thereof, and at her death, the same to vest in fee in her

heirs forever.

Sec 29 When any of my Grand-sons become of age and when any of my Grand

daughters shall marry, my daughters may divide and set off to their said

son or daughters one half of the estate or property that said grand-child

would be entitled to at the death of their mother; and the said property so

set off, and appointed to such child shall vest in said child, and not sub-

-ject to division when the mother dies. The remaining half of the estate devised

to my daughters during their lives as aforesaid will go to their children in fee at their

demise; and should any of my daughters have a child or children after any

son or sons arrive at the age of twenty one years or daughter or daughters

marry and receive, and have divided amoung them the property above

named; then and in that event, the child or children that may be

born is to have their full portion of the estate given to my daughters

and it is to be taken out of the part not divided, but which remains in

my daughters hand untill her death. The intention is that all my

Grand children shall have an equal share of their mothers estate ex-

-cept John Harris who is provided for in this my will.

Sec 30 In section No. 2. of this my will, I have directed that three-fourth of the

money arising from the sale of my real estate, after erecting buildings on my

real estate in Cincinnati, paying debts, etc be invested in real estate in

the city of Cincinnati, Covington or Newport, for the benefit of my

three daughters. I hereby direct my executor that twelve years after

my death, that if that fund, if any there be is not invested as aforesaid

that the same be divided between my daughters and their heirs in equal

portions each. The other fourth part I give as I have before stated to

my son James for his own use and benefit.

Sec 31 My beloved wife is to have the use of four rooms in the house if

rebuilt during my life, on my Bellevue tract of land together with

the garden, the orchard and the pasture back of the garden during her

life, and she is to have the right to cut wood for fire- wood and timber

for the use of the house, garden, pasture and orchard from my Bellevue

tract of land, and this provision with what has been made her is to be

in lieu of dower in my estate. She however is to have her life estate

in her proportion of my slaves that will not be free at my death.

The rooms in the house are two above and two below.

Sec 32 I hereby make the following provision for my Grand-son John Eberle

Harris to wit: Out of my daughter Keturah's portion of my estate; I

direct that a portion of real estate be set off, the annual rent of which

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Description

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shall produce the sum of at least three hundred dollars: or that

from the proceeds of the sale my real estate, which I have directed to be sold

or that may be exchanged that a house and lot or other real estate

or ground rent be purchased in either Cincinnati, Covington or

Newport, which shall yield an annual rent of at least three hundred

dollars, and this shall be for the support and maintaince of the

said John, which shall be under the control of a trustee to be appo-

-inted by the circuit Judge of Campbell County, and subject to be

removed by him if he neglects the trust. The amount that may

be invested in real estate or productive property for the use and

maintaince of the said John Harris is to be deducted out of the

portion of the estate going to my said daughter Keturah, and

the said John is not to be entitled to anything more than that out of

my estate or that given to his mother. The intentions of this my will

is that said John is to have nothing more than the tree hundred doll-

=ars per year: and at the demise of said John, the real estate that

may be so set off or purchased for his use and support, is to vest in

his mother if he dies before her, but if he does not, then the property

is to vest in the children of his mother. The taxes on the property and

the services of the trustee to be paid out of the said three hundred doll-

-ars, and if the property increases in value, the increase is to be for

the benefit of his mother if alive, and if dead, for his brothers and

sisters.

Sec 33 The tract of land of about 12 acres, situated east of Out lot No 16, 17, 18.

and lease lot No. 1 of the town of Newport and lying between a line of

east Row of said Towns, if it were extended as far back as said out

lots and, intersected by a line running N.50E. from the East corner

of lease lot No. one of said town. I hereby direct my executor to lay

off together with my out lots and said lease lot No. one of said

town into convenient building lots, laying off streets and alleys in

said ground , and to sell and convey the same and dipose of the money

as he is directed in the sale of my lands and lots in Section No. 2 of

this my will. This land and said out lots not being intended by me

to be divised to any of my heirs as a part of the Bellevue tract.

Sec 34 As I have directed in Sec 2. in this my will, that houses be built

on my vacant lots in the city of Cincinnati, on Canal and Walnut

streets. I hereby direct that my executor is to have the use of the said

mill at Bank Lick, and enough ground around the same to lay

logs and lumber; and he is to have timber for the purpose of sawing

from any of the lands of the mill tract, both above and below the creek.

My executor may either have hands to run said mills, or lease said

mill, or have timber sawed on the shores, but is not to controll

said mill for a longer period than five years after my death. No de-

-duction is to be made from the value of the tract to which the mills

may fall in the division between my children in consequence

of this reservation as the timber is for the building of houses in Cincinnati

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Description

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[corresponds to page 95 of Will Book 3]

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Sec 35 The following provision in this my will, I make for my Slaves, to wit:

1st I desire that at my death, my faithful servant Mingo is to

have his freedom and to have the use of five acres of land of reaso-

-nable good quality out of my Bank Lick tract of land during his

natural life; and at his death the same is to vest in my heirs. Said

five acres to be laid off by my son James in such place as he think

best, and before the Bank Lick tract is divided between my heirs, if the

five acres is taken out of the tract that is to be divided. Mingo is to

have plank and scantling from my Bank Lick mills to fix his cabin:

and my executor is to furnish him glass, nails and hinges for the same

He is to have a cow, a mare or horse worth $25 and a sow and pigs

that he be furnished with 50 bushels of corn, one barrel of flour and

300 pounds of pork. At his death he is to do as he likes with the personal

property- the land reverts to my children.

James Smith and Milley his wife five acres of land out of my Bellevue

tract on the line between his land and that part willed to my three

daughters, half to be taken off my daughters land and half off my son's

land. Said five acres is to be laid off at such place, out of said tract as

my son James may think best. so as to give him that much ground for

cultivation. he and his wife to have down dead wood during their lives

off of the adjoining land for fire wood. The said James and Milley are to

have the use of the said land during their natural lives and at their death

the half of the land that is out of my sons tract of 800 acres is to go to my

son: and the half that is out of my daughters part goes to the daughter

who owns the tract adjoining the same. Said James and Milley are

only to have the use of the land during their natural lives and are

not to sell or lease it or underlet it to any one. They are to have the

same provision made them for building a cabin and as to stock

and provisions that is given to Mingo. All the stock on the place

at their death to go to their daughter Jane if alive- if she is not then

to her children in equal proportions.

All of my slaves who are over thirty years of age, except Thomas Fields

at my death are to be free, but are to serve to the end of the year in which

I may die. It is my will that all my male servants who are under

the age of thirty years at my death, serve my children untill they

are of that age, and untill the end of the year they are of that age,

and that the female slaves serve untill they are twenty eight years

of age and to the end of the year they are of that age, and them

to have their freedom. It is my will and I hereby give to Edmund

Henry, Horace, Lucy, Hannah, Molly and Jane Smith each

fifty acres of land to be laid off out of my tract above Alexandria

surveyed and patented to John Clark, Blacksmith williams and

his wife and their five children Robert and Florida are to have

one hundred acres of said tract. All of my male servants

not herein mentioned or provided for and who may be under

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Description

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the age twenty five years as my death are each to serve my

children untill they are thirty years of age and then to be free and

they are each of them to have twenty five acres of land to be laid off out

of the said black tract or out of such tract as my executor shall think

fit, in that section of the county, provided there is not enough in the

black tract. The female slaves who may be under the age of twenty five

years at my death and not herein provided for are to have my chil-

=dren as aforesaid untill they are twenty eight years of age, and then

they are to be free, and are each to be paid by my executor when they

are free the sum of twenty five dollars in money but this provision

in my will extends only to such slaves as are now born and is not

to extend to the childrens of any slave or slaves not born, but if any

slave or slaves should have a child or children born after my death

and before they are free in that event, such slave or slaves are to serve

my children, or their heirs, the females untill they are twenty eight

years of age and the males untill they thirty years of age and then to be

free. Any of my male servants who are over thirty years of age at my

death and who may wish to go to farming, they are each of them to have

out of my estate, a horse worth $25 dollars and also a cow and sow. If

Matilda and Susan should go to farming they are each of them to have

a horse a cow and sow of same value. The land willed to my respect-

-ive servants they are to hold for and during their natural lives

and at their deaths to go to their children if they have no children -

the same is to revert back to my heirs, Burwell the husband of Su-

=san is to posses and enjoy during his life with his wife the said fifty

acres to be laid off in the Clark tract. My slaves at Milligan Bend

after they serve the time specified, are to be free; and if they think proper

they can return to this section of country, but my advice is to them

and to all of my servants that they had better go to Liberia, and if

they think proper to do so the land and stock may be disposed of

herein given them, for that purpose - But I here expressly declare

that none of my slaves above named are to have the land or the

property intended for them unless they serve my children for the

time stated in this my will. Said slaves are to be treated human-

-ily in every respect by my children. All of my said slaves who are

not made absolutely free at my decease are to be divided bet-

-ween my children equally. My slave Thomas Fields by some called

Thomas Curry is to serve my children untill he is forty years of age

when he is to be free provided he never returns to the Stae of Ken-

-tucky, and if he does he is not to be free.

Sec 36 Having directed my son, James Taylor, Jr who is my attorney in fact,

to convey to my daughter Jane 500 acres of land in Marion County Ohio.

in survey 10051, and my interest in a part of in lot No. 150 original plan.

and lot No. 8 in the public square addition of Newport. This property

being and advance to my said daughter Jane, I hereby direct that

my daughter Jane shall not have any part of the proceeds of the sale

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Description

[page 149]

[corresponds to page 97 of Will Book 3]

97

of the following tracts in Ohio, to wit: Surveys No. 10,299 of 629 acres

No. 258 of 492 acres and two surveys both 9942, of 194 acres each making

in all 1509 acres: and that if said lands are sold by me before my death.

or a part of it, that as much land as 1500 acres be sold by my exec-

-utor out of the lands of the same quality of No. 10051, north of the

Indian boundary lines are part of the proceeds of which shall be

paid to my daughter Jane, by reason of her having received a

conveyance for the said 500 acres in survey No. 10051 and that

the value of the two Newport lots be deducted out of the proceeds

of the sale of Newport lots which may be going to my said daughter

Jane, or taken and considered as so much of her portion of the New-

-port lots, as may be divided and mentioned in section No. 4 of

this my will.

Sec 37 As I have often advanced my children and my Grand-children

money and property, without keeping any account against them

I here declare that all property and funds from this date advanced

to any of my children or Grand children the same shall be ded-

-ucted out of such childs part who recieves the advance in money

or property, If a Grand child receives it that much is to be deducted

from the portion of my estate going to its parent.

Sec 38 The 160 or 170 acres called the Wilson place on the upper side of Bank

Lick Creek is to be considered a part of the land reserved of the 1200 or

1500 acres to be divided as a part of the land including the Bank

Lick tract to be divided amoung my four children as refered to in

section 9.

Section 39 I direct that $25 per annum appropriated to teach the young slaves

under age, on Sundays and evenings or those who may wish to learn,

and my grand daughter are requested to teach the females and

my grand son the males.

The forgoing pages from one to seventeen inclusive and embra-

-cing sections from No. 1. to 39. inclusive is my will. I have fully con-

-sidered and examined the same every part and section and I approve

of the same. It has been copied by my nephews R.T. Thornton at my

request, and I hereby publish and declare the same as

my last will and testiment hereby revoking all other and

or forever wills & testiments by one heretofore made. I hereby

nominate and appoint my son James Taylor Junior my sole

executor of this my last will and testiment

In witness whereof I have hereunto set my hand and af-

-fix my seal this eighteenth day of December in the year

of our God one thousand eight hundred and forty four.

James Taylor {Seal}

Signed, sealed and published and declared for the last will and testiment of the

above named James Taylor in presence of us. Samuel Winston

John M. Thornton

R. T. Thornton
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Description

[page 150]

[corresponds to page 98 of Will Book 3]

98

Codicil 1st I James Taylor of Campbell County, Kentucky. do hereby make and pub-

-lish this codicil to be added to my last will and testiment in

manner following , to wit: In section 28 of my last will and

testiment. I devised to my daughter Jane Williamson, one hundred

acres of land out of the tract I bought of Colston on Licking River

and Bank Lick creek now in Kenton County Kentucky, which

one hundred acres was in addition to and adjoining the

three hundred and twenty three and one third acres which I had

given her and for which she holds my obligation. Now I hereby

revoke the devise of the said 100 acres to my said daughter Jane

and in lieu thereof I hereby direct that my said daughter Jane

shall have one hundred acres out of my land in Kenton County equal

to the average of our thousand acres on the south or upper side of Bank

Lick Creek and on the most southwardly part of such 1000 acres but not to

bind on Licking River

I also direct that all my real estate which I have acquired since the date

of my last will and testament, to wit:- The 18th day of December 1844 and

all real estate which I may hereafter acquire, shall be sold or disposed

of by executor in the same way and for the same purposes as I have direc-

-ted in section No. 2. of my said will and testament aforesaid ,- the

whole of my said codicil being in my own hand writing.- In testimony

whereof I have hereunto set my name and affirmed my seal this

sixth day of Decmeber, one thousand eight hundred and forty seven.

James Taylor {seal}

Codicil.2d. I James Taylor of Campbell County Kentucky, do hereby make

and publish this second codicil to be added to my last will and testim-

-ent in manner following, to wit: In reference to the real estate on the

Ohio river adjoining the land of Edmund Taylor's heirs. I make

the following change in my will. If my daughters devise it. I here-

-by direct that 100 or 200 acres of land fronting on the Ohio river be laid

off into a town on the most approved plan and for that purpose

I appoint Washington J. Berry and Rueben T. Thornton trustees to

carry the same into effect. They the said trustees both jointly and

severally are fully empowered to lay out said land into lots and to

sell and convey the same on the usual terms and conditions of

selling such property, The trustees retaining the legal title untill the

whole of the purchase money shall be paid for any lot or lots that

may be sold by them. The ferry privaledge across the Ohio river

is reserved to my three daughters; and the lots that may be laid off

are not to extend to the Ohio river, but a street to be laid off between

them and the river: but if my said daughters do not desire to have the

land laid off into lots for a town that part of section No. 7. in my will in

reference to said tract of land will stand unchanged and this part

of my codicil is to be null and void. The fund arising from the sale of said lots

the said trustees will invest two thirds of the same

in productive property in the city of Cincinnati, Newport or Covington,

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Description

[page 151]

[corrresponds to page 99 of Will Book 3]

99

yielding a good rent or they may erect houses if my daughters prefer it, on

any of the lots on said tract of land, or lots they may own in Frankfort -

The said trustees will divide said property that may be acquired by them

or on which they may erect houses equally between them and execute

to them deeds for the same, which deed shall vest in my said daughters

a life estate, with remainder over in fee to their heirs, My said three

daughters are to receive the rents and profits of the same during their

natural lives. The remaining one third of said fund the said trustees

will pay over to my three daughters.

Sec. 2. Having in section No. 7. of my will - given to circuit court power

to appoint a trustee in reference to a portion of the land on the west

side of the road from Newport to Alexandria, and adjoining the town

of Newport, I hereby revoke the power given in my will to the Court

and I make the following change in my Will, as to said land. I hereby

appoint Washington J. Berry and Reuben T. Thornton, trustees and direct

that they shall lay off two hundred acres of land on Licking river, and

adjoining the town of Newport, into convenient lots for building as

an addition to the town of Newport. Said lots to be laid out in the

most approved plan. - And first that they shall lease out for the term

of fifty years one-half of said property, the leasee to pay an annual rent

for the lot, together with all State, County or other taxes that may be

levied on the same. The said ground so leased to be subject to such

terms and conditions as to revaluation and forfeiture as the said

trustees shall deem best. Secondly, If however it shall be found

that the foregoing plan of leasing said ground will not be advantag-

-ous and profitable to my heirs, then I empower said trustees to

change the terms of leasing, as to them may seem best, but at what

ever term the leases end and expire whether for a longer or shorter

longer term period than fifty years, the property is to revert to such

of my children or their heirs to whom the same may have been

assigned by my said trustees. The said trustees are to divide the lea-

-ses so made of said property equally among my three daughters

who are to receive the annual rents for the same, for their own use and

benefit during their natural lives, and when the leases expire the

title and right to the property is to rest in the heirs of such of my dau-

-ghters to whom the same was assigned, and set off by said trustees,

The other moiety of said ground or lots the said trustees are to sell

and convey the same to purchasers, the sales to be made on such

terms and conditions that like sales are made; they the said

trustees holding the legal title to the property until the same is

paid for in ful. The fund arising from the sale of the moiety of

said tract the trustees are to invest in improved or productive property

in the town of Newport, Cincinnati or Covington, yielding a fair

rent: or if my daughters prefer it, they may have houses, for rent

erected with the funds on the land laid off, into lots west of the road

from Newport to Alexandria, or on any lots I may have devised

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Description

[page 152]

[corresponds to page 100 of Will Book 3]

100

them in Newport or elsewhere. The trustees are jointly and sever-

-ally authorized and empowered to act in reference to said property

and if they decline acting or should die before completing the

trust herein confided to them, in that event, the Judge of the

Circuit court is hereby directed to appoint a trustee for that

purpose; and if either of said trustees die or refuse to act, the

other will carry out and complete the trust.

The trustees are to receive from the proceeds of the sale of said prop-

-erty a fair compensation for their trouble, and for the costs and expenses

in laying out, selling, leasing, and building on said property: and are

to keep an accurate account of all expenses in reference to the same

which is to be submitted from time to time, to my daughters for their

inspection. My wish is that the trustees be paid for their time and

trouble, as I expect them faithfully to discharge the trust reposed in

them. In laying out and selling the aforesaid property. I do not wish

it to be hurried into market, and the whole of said ground adjoining

the town of Newport, and that on the Ohio river and not be laid out

at one time: and as to the time of selling, I wish the said trustees to con-

=sult and advise with my said daughters and my son James on the

subject. As the town of Newport improves, ground will be wanted for

lots and I wish this want supplied by bringing into market the vacant

ground, but not to force a sale or sacrifice it. I give and bequeath to

my daughter Ann N. Tibbotts lot No. 6 in the original plan of Newport

at the corner of Cabot street and fronting the Esplanade, to her sole

use and benefit during her natural life, and at her death the title to

vest in her heirs and assigns forever.

To my daughter Jane Williamson I give lot No. 13 in said town at the corn-

=er of Columbia street and the Esplanade to have and to hold the

same during her natural life, and at her death the remainder in

fee to her heirs forever. I give and bequeath to my son James Tay-

-lor Jr., his heirs and assigns forever, lot No. 114, in the original plan

of the town of Newport, at the corner of York and Bellevue streets and

also 4 feet unsold of lot 113. adjoining the lot sold to Richardson

and to extend through to Madison street.

I give and bequeath to my daughter Keturah Harris the house and

lot of York streeet, lately purchased of H. H. Mayo, to have and to hold

the same and to receive the rents and profits thereof during her natural

life and the remainder in fee to her heirs forever.

And I hereby also direct that my daughter Keturah Harris is not to

account to my other heirs for the 125 feet of ground given Mayo, (in

exchange for the said House) in the graveyard field.

I desire that the stock and farming utensils on my stock

farms in Union, Clark, and Green Counties, O. devised to my three dau-

-ghters in my will, be divided equally between them at my death;

and I advise that they carry on said farms in the same manner as I

have done with Talifero and Parks.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 153)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 153)

Description

[page 153]

[corresponds to page 101 of Will Book 3]

101

I hereby direct that when the tract of 800 acres, my Bellevue tract

which I heretofore deeded to my son James binds on the Ohio River

which it does below and above the mouth of mill run, that he shall

hold the same, to low water mark on the Ohio river: and I do hereby

bequeath the same to him and his heirs and assigns forever, and it

is to form a part of his 100 acres in the deed I made him, the same

calls for the water's edge, and this provision is made to extend to

his line to low water mark.

My portraits in my house of Washington, Jefferson, Madison, Jac-

kson, Patrick Henry and myself, I give to my son James and at his

death to his son James.

The said property that may be acquired and purchased by my said

trustees - the said Washington J. Berry and Reuben T. Thornton - from said

fund arising from the sale of the land west of the road leading from

Newport to Alexandria, they are to divide equally between my three dau-

-ghters, who are to have and to hold the same during their natural lives

and to receive the rents and profits thereof and at their death the rema-

=inder in fee to vest in their heirs forever and the said Trustees are to cause

the titles to be made in this way to them - My said daughters shall have

the right from said two tract: proposed to be laid off into lots to select

such lots as they may wish to use for themselves or their children

which they can have improved out of said fund received out of the sale

of said land. The balance of the tract of land on the Ohio river, and that

west of the road from Newport to Alexandria is to be held by my said

daughters as specified in Sec No. 7 of my Will.

In reference to my land in Kenton County, Kentucky, on Licking river

and Bank Lick creek and particularly mentioned in section No. 7

of my will: I hereby make and change my will, touching said land

as follows, to wit: That if my son James and my three daughters desire

it 200 or 250 acres of the land between Bank Lick and Covington and

on the contemplated Turnpike, and adjacent to the present Turnpike

may be laid off into town lots, or lots for residences or gardens from

1 to 10 or 20 acres as is most advisable, and that the same be sold out

to purchasers, on such terms as like property is sold, and the proceeds of

the sale of said 200 or 250 acres, I wish divided equally among my

sons and daughters. Twelve hundred acres of the balance of said

survey I wish divided among my said heirs to be held as is provided

in Sec No. 7. of my will, and the balance of the land I own in said

County, I wish sold and disposed of if my heirs desire it, if they do

not wish it sold, it will be equally divided among them. But if

my son James shall be satisfied that it is to the interest of my heirs,

that the land in Kenton County should be sold out, and the money

invested in other property. I desire that the same be done; but any

of my said heirs, who may wish to keep their part of said land

may do so and I desire that those who do not wish to sell may

have their portion set off to them. If it should so happen that
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 154)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 154)

Description

[page 154]

[corresponds to page 102 of Will Book 3]

102

my son James, from accident or decease, is unable to continue

to act as my executor, or desire at any time to surrender the trust

reposed in him, I hereby vest him with the power to appoint a trustee

who will carry out the provision of my will. And any trustee so apoin-

-nted by him shall have the same power as my executor has under

my will. If the United States should, hereafter, wish to purchase Lot

No. 6. in the town of Newport, which I have devised to my daughters

Ann M. Tibbotts - and are willing to pay a fair price for it, I hereby

direct that a sale shall be made of the same, and the proceeds

invested in productive property in the City of Cincinnati, Newport

or Covington, for the use and benefit of my said daughter; but said

lot is not to be sold or disposed of, except to the United States, as an

addition to the Military depot, and my executor - the said James

Taylor Jr - will and is hereby directed to convey the title to the same

Having, heretofore, assigned to my son James and daughters my

four warehouses to wit: on Canal Street, Cincinnati, Ohio, each house

and lot, having a front of 18 feet by 100 deep, I therefore devise and

bequeath to my daughter, Jane, the most of westerly house and lot

adjoining Torrence. The one, next to her I give to my daughter Ann

W. Tibbotts, and the one next to her to Keturah Harris and the one

next to Mrs. Harris to my son James his heirs and assigns forever.

My said three daughters are to receive the rents and profits of said

Warehouses during their natural lives, to their sole use and benefit

and at their deaths the title in fee is to vest in their heirs forever.

And lastly, it is my will and desire that this my present codicil

be annexed to and made a part of my last Will and Testament

aforesaid.

In witness whereof I have hereunto set my hand; and affixed

my seal this first day of July in the year 1848.

James Taylor [Seal]

Signed, sealed, publish and

declared as and for the last Will and Testament of the above

named James Taylor in the presence of us

Samuel Kinston

Wm. B. Ross

____________________ " _____________________

And afterwards to wit: on the 5th day of October 1849, at a Circu-

-it Court held as aforesaid, the following order was made in this

cause -

" This day again came the parties by their attorneys, and the defen-

-dants filed herein their bill of exceptions which is signed,sealed

enrolled and made part of the record, and on motions of the def-

=endents an appeal in granted them to the Court of Appeals

upon their execution bond within 30 days in the Clerks office in the

penalty of $500 with Benjamin D. Beale and Edward P. Ball securities
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 155)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 155)

Description

[page 155]

[corresponds to page 103 of Will Book 3]

103


conditioned as the law directs.

And afterwards to wit on the 9th day of October 1850, at a Circuit

Court held as aforesaid the following proceedings was held in this

cause, which by bill of exceptions was consolidated with the suit

of ward and wife and Foot and wife, against Genl James Taylor's

Hs etc

This day came the plaintiffs in the above cause by their counsel

and filed the following mandate of the Court of Appeals viz:

State of Kentucky SS.

Court of Appeals 25th Sept. 1850 -

John W. Tibbotts, Geo. T. Williamson et al Appellants } Upon Appeal

against } from Judges

Washington J. Berry & R. T. Thornton Trustees Appellant} of the Campbell

The same

against Appellants } Circuit Court

Geo. M. Ward. John T. Foot etc

The Court being sufficiently advised it seems to them

that there is no error in the judgment of the Circuit Court reversing

the order of the County Court and admitting to error the will of

Genl' James Taylor. It is therefore considered by the Court that said

Judgment be affirmed but that the will be recorded but once in each

of said Courts and that but one mandate issue to the County Court all

of which is ordered to be certified to said Court -

A Copy Teste J. Swigert - C.C.C.


whereupon it is ordered and directed that said last will and Testa-

=ment of Genl James Taylor together with all the codicils attached thereto

are hereby adjudged, declare and decide to be the last will & Testament

of James Taylor dec' and it is further ordered that said will be cer-

-tified to the County Court of Campbell County and that said

Court is directed to have the same duly recorded in said Court

and that the Appellant W. J. Berry & H. T. Thornton in the first writ

of error from the County Court and Geo. W. Ward & Josephine his wife

& John T. Foot & Jordina his wife, the Appellants in the second writ

of error do recover of the defendents their costs expended in this

Court, and have execution therefor, and thereupon the defendants

Tibbotts and wife & Williamson and wife filed their bill of exceptions

which is signed and made part of the record and asked for

appeal, and the Court take time to consider"

And afterwards, to wit: on the 10th day of October 1850 at a Circuit

Court held as aforesaid the following order was made in the foregoing

causes.

The Court being sufficiently advised overruled the motion

of Tibbotts & wife and Williamson & wife for an appeal herein,

And afterwards to wit: on the 8th day of April 1850 at a Circuit

Court held as aforesaid the following mandate of the Court of Appeals

herein was presented and ordered to be recorded -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 156)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 156)

Description

[page 156]

[corresponds to page 104 of Will Book 3]

104

The plaintiffs this day filed a mandate of the Court of Appeals herein

which is in the words and figures following to wit:

State of Kentucky SS.

Court of Appeals 18th Dec. 1850

John N. Tibbotts & wife et al Plts Upon a writ of error to

against Judgement of the Campbell

Washington J. Berry et al Defts Circuit Court

The Court being sufficiently advised it seems

to them that there is no error in the judgement. It is therefore cons-

-idered by the Court that said judgement be affirmed which is ind

eed ordered to be certified to said Court -

A Copy Teste J. Swigert. C. C. A.

And thereupon moved the Court to record the will in conformity

with said mandate which motion is laid over untill tomorrow, at

the request of John N. Tibbotts.

And afterwards to wit: on the 9th day of April 1851 at a Circuit Court

held as afoaresaid the following order and proceedings was made and

had in this cause -

The motion continued on yesterday at the request

of John N. Tibbotts being heard. It is ordered that in pursuance of

a former mandate of the Court of Appeals and an order of this Court

that the last will and Testament of Genl' James Taylor with all the

codicils attached thereto heretofore established by this Court be reco-

-rded in this Court, and be certified as ordered by this Court and the

Court of Appeals to the Campbell County Court to be recorded therein

Which said last will & Testament with all the codicils attached thereto

is again recorded in the words and figures following - to wit: The

copy of said will and Codicils as recorded a second time in this

Court is here omitted because the same is correctly copied in a

preceding part of this record and the two records of said will &

Codicils are precisely the same except that after said will & Codic-

-ils were recorded the second time, to wit: on the 9th day of April

1851 the following certificate was placed on said original

will of James Taylor dec' said certificate is in the words

and figures following, to wit:

Commonwealth of Kentucky, Campbell Circuit SS

I Benjamin D. Beals Clerk of the Circuit Court for the Circuit

and County of Campbell do certify that the annexed and foregoing

instrument of writing of twenty four pages, purporting to be

last will and Testament of James Taylor deceased with all the

Codicils attached thereto has been proved in and established

by the Campbell Circuit Court to be the last will & Testament

of James Taylor and as such has been ordered to be recorded

and has been recorded in said Couort all which is certified to the

County Court of Campbell County pursuant to the Judgement and

order of the Campbell Circuit Court. In witness whereof I have
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 157)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 157)

Description

[page 157]

[corresponds to page 105 of Will Book 3]

105

hereunto subscribed my name as Clerk of the Campbell Circuit

Court this 9th day of April 1851. Benjamin D. Beale Clerk

Campbell Circuit Court.

State of Kentucky

Campbell Circuit Court S.S.

I Benjamin Beale Clerk of the Campbell Circuit Court in the

estate aforesaid do certify that the foregoing pages is a full and com-

-plete transcript of the assignment of Errors, Writ of Error the summonses

with the returns which issued on said writ, orders of the County Court and

letters of Mrs. Taylor, H. T. Harris and others, and all the orders of said Court

in reversing the orders of the Campbell County Court in annulling and

rejecting the will of Genl James Taylor dec' and the Codicils annexed

thereto and in refusing to record the same and of all orders in said

Court in establishing the will of James Taylor and the Codicils attac-

-hed thereto and the ordering the same to record and certifying their ord-

-er and judgement to the Campbell County Court and of all the orders

of said Court granting an appeal from the order and judgement of

Court in establishing said will and of the mandate of the Court of Appeals

affirming the orders & judgement of said Court and all the orders of said

Court in ordering said mandate of the Court of Appeals to be recorded and

in overruling the motion of Tibbotts and wife and Williamson & wife

for an Appeal from the order of said Court allowing said mandate to be

recorded and of a second mandate of the Court of Appeals affirming the order

and judgment of said Court in refusing said Appeals. And the order of

said Circuit Court ordering said mandate to be recorded and of a second

order of said Court ordering said will & Codicils to be recorded and certif-

-icate of record as they appear from the records of my office. And I do

further certify that the foregoing contains a true full and perfect copy

and transcript of the will of James Taylor deceased together with all

the Codicils attached thereto as recorded on the 4th day of October

1849, and again recorded on the 9th day day of April 1851, as they

appear from the records of my office.

In testimony whereof I have

hereunto subscribed my name and affixed the seal of said office

Court at the Court house in Alexandria on the 30th day of June

A.D. 1852, and 61st year of the Commonwealth. Benjamin Beale Clerk

[Seal] Campbell Circuit Court

State of Kentucky SS

I Alvin Dewalt sole Judge pro tem of the

Campbell Circuit Court in the State aforesaid do certify that Benjamin

Beale whose name appears to the foregoing certificate is and was at the time

of making the same Clerk of the Campbell Circuit Court & duly elected

commissioned and qualified and as such full faith and credit should

be given all his official acts, that his certificate is in due form of law

and that his signature and seal are genuine.

Given under my hand this 5th day of July A.D. 1852. A. Dewall
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 158)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 158)

Description

[page 158]

[corresponds to page 106 of Will Book 3]

106

State of Kentucky

Campbell County S.S.

I Benjamin Beale Clerk of the Campbell Circuit Court in the State

of Kentucky do certify that Alvin Duvall whose name is affixed to the

foregoing certificate is sole Judge pro tem of the Campbell Circuit Court

duly commissioned and sworn as such and that his certificate is in

due form of law and his signature genuine.

In testimony whereof I have hereto suscribed my name and aff-

-ixed the seal of said Court at the Court house in Alexandria this 5th

day of July A.D. 1852.

[Seal] Benjamin Beale Clerk

Campbell Circuit Court

State of Kentucky

Campbell Circuit Court } S.S.

January term A.D. 1851.

The last will and Testament of James Taylor deceased together with

the several codicils attached thereto being the original papers heretofore

affixed and rejected by this Court in its November term 1848, was offered

for probate and record together with a mandate and order of the Cam-

-pbell Circuit Court directing the Court to record the same. Therefore,

it is ordered that the said will together with the codicils attached thereto

be recorded and established as and for the last will and Testament of

said James Taylor dec' Whereupon James Taylor the executor named in

said will came into Court and agreed to take upon himself the burthen

of the execution thereof and took the oath required by law. And the

said will requiring no bond to be executed now was given.

I James N. Parker Clerk of the Campbell County Court certify that the

foregoing order of Court admitting the will of James Taylor dec'd to record

and permitting James Taylor to qualify as the executor thereof is

truly copied from the records of my office. I also certify that

the said will of James Taylor has been recorded in my office

pursuant to the foregoing order.

In testimony whereof I have hereunto set my hand

and affixed the seal of said Court this first day of July

A.D. 1852. [Seal] James U. Parker Clerk.

State of Kentucky

Campbell County } S.S.

I Frederick A. Boyd Presiding Judge of the Campbell County

Court in the State of Kentucky do certify that James U. Parker whose

name is signed to the within and foregoing certificate is

at the time of signing the same Clerk of said Court duly elected

commissioned and qualified according to law, and as such full faith

and credit are due and ought to be given all his official acts, both

in Court and Judicature and there out that the foregoing is his

genuine signature and that his said attestation is in due form of law.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 159)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 159)

Description

[page 159]

[corresponds to page 107 of Will Book 3]

107

Given under my hand this 2nd day of July A.D. 1852.

F. A. Boyd P. J. C.C.C.

State of Kentucky

Campbell County } S.S.

I James H. Parker Clerk of the Campbell County Court in the

State aforesaid do certify that Frederick A. Boyd whose name appears

above certificate is and was at the time of signing the same sole

presiding Judge of said Court duly elected commissioned and qual-

-ified according to law, and as such full faith and credit are due and

ought to be given all his official acts, both in Court and Judicature

and there out. And that the foregoing is his genuine signature.

Given under my hand and the seal of said Court this 5th

day of July A.D. 1852.

[Seal] James U. Parker Clerk.

John J. Higgins Probate Judge

The State of Ohio

Probate Court of Brown County S.S.

I John J. Higgins Judge of the Probate Court within and for

said County of Brown in the State aforesaid do hereby certify that

the foregoing pages are a full and complete copy of the last will &

testament of James Taylor deceased, late of the County of Campbell

in the State of Kentucky, and the codicils thereto recorded in the

said Probate Court of the County of Brown and of the record of the

proceedings of the Campbell Circuit Court in the State of Kentucky

establishing said will and recording the same, and of the order of the

Campbell County Court, as filed and recorded in said Probate Court

of Brown County and also a full and complete copy of the order

made by said Probate Court of Brown County on the fourteenth

day of July A.D. 1852, admitting to record in said Court an auth-

-enticated copy of the said last will and Testament of James Taylor

and the codicils thereto, as hereinbefore set forth, the same having

been executed and proved according to the laws of Kentucky and

an authenticated copy thereof recorded as aforesaid in said

probate Court of the County of Brown.

In testimony whereof I do hereunto subscribe my name and affix

the seal of said probate Court of Brown County this 31st day of

July A.D. 1852. John J. Higgins

[S.S.] Probate Judge

State of Ohio, Marion County S.S.} Probate Court August 27th 1852.

I George Snyder Judge of the Court of Probate within and

for said County and State aforesaid do hereby certify that the foregoing has

been duly recorded, in the record of wills in this Court, and that a certified

copy of the same is now on file in the Court aforesaid.

In witness whereof I have hereunto subscribed my name and affixed the seal

of said Court at Marion this 27th day of August A.D. 1852. G. Snyder.

[ S.S. ] Judge of the Court of Probate
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 160)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 160)

Description

[page 160]

[corresponds to page 108 of Will Book 3]

108

Robert Perry's Deceased - Will -

Proceedings had at the Office of the Probate Judge of

Delaware, Delaware County Ohio before D. T. Fuller Probate

Judge in and for said County on the 29th day of Sept-

-ember A.D. 1852

The last will and testament of Robert Perry late of

Radnor Township in said County deceased was this day

produced in Court by the executors in said will named

and George Wolfley and J. J. Morton the subscribing wit-

-nesses to said will appeared and in open Court on oath

testified to the due execution of said will which testimony

was reduced to writing and by them respectively subsc-

-ribed and filed with said will: and it appearing to the

Court by said testimony that said will was duly attested

and executed, and that the said testator at the time of

executing the same was of full age and of sound mi-

-nd and memory and not under any restraint it

is ordered by the Court that said Will and testimony be

recorded. Whereupon George Wolfe & and William Perry

the executors in said will named appeared in Court

and signified their acceptance of the trust of executing

said will, it is further ordered that letters Testamentary

be issued to them on their giving bond in the sum of

$2500.00 with John Wolfley and J. J. Morton as sureties

conditioned according to law. The Court appoints

James Kyle John B. Jones and David Williams appr-

-aisers of the personal Estate of the said Testator.

In the name of the Benevolent Father of All -

I Robert Perry of the Township of Radnor County of

Delaware State of Ohio, do make and publish this my

last will and testament.

1st I give and devise to my beloved wife Sarah Perry

in lieu of her dower the farm on which we now

reside situate in Radnor Township Delaware County

State of Ohio containing about one hundred & sixty four

acres during her natural life and all the stock

household goods, Rail Road Stocks monies, furniture

provisions and other goods & chattels which may be

thereon at the time of my decease during her natu-

-ral life as aforesaid (except one three year old sorrel

horse which I give and bequeath to my worthy grand

son Lewis Wolfley

2nd I do hereby nominate and appoint George

Wolfley and Wm. Perry executors of this my last

Will and Testament, hereby authorizing and em-

-powering them to compromise, adjust, release

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 161)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 161)

Description

[page 161]

[corresponds to page 109 of Will Book 3]

109

and discharge in such manner as they may deem

proper the debts and claims due me. I do also auth-

-orize and empower them if it shall become nec-

-essary in order to pay any debts to sell by private sale

or in such manner upon such terms of credit or

otherwise, as they may think proper, and or any part

of my real Estate and deeds to purchases to execute

acknowledge and deliver in fee simple

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand

seal this 7th day of September 1850

Signed and acknowledged by Robert Perry [Seal]

said Robert Perry as his last

Will & testament in our presence

and signed by us in his presence.

Jas. J. Morton

George Wolfley

State of Ohio Delaware County SS:

Court of Probate September 29th 1852

Personally appeared in open Court Jas. J. Morton

and George Wolfley who being duly sworn de-

-pose and say that the paper before them purporting

to be the last will and testament of Robert Perry now

deceased was by the said Robert Perry acknowledged

published and declared to be his last will and testament

in the presence of these deponents, that the said dec-

-eased was of lawful age; that he was of sound dis-

-posing mind and memory and under no rest-

-raint as they verily believe - that they subscribed

the same as witnesses in the presence and at the

request of the Testator and in the presence of each

other. J. J. Morton

George Wolfley

Sworn to & Subscribed in

open Court this 29th day of

Sept. A.D. 1852

D. J. Fuller Judge -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 162)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 162)

Description

[page 162]

[corresponds to page 110 of Will Book 3]

110

Esther Jamison's deceased - Will of -

Proceedings had at the Office of the Probate Judge

in Delaware Delaware County Ohio before D. J. Fuller

Probate Judge in and for said County on the 30th day

of October A.D. 1852 -

The last will and testament of Esther Jamison

late of Delaware Township in said County deceased was

this day produced in Court and Moses Gardner and John

Gardner two of the subscribing Witnesses to said Will

appeared, and in open Court on oath testified to this due

execution of said Will, which testimony was reduced to

writing and by them respectively subscribed and filed

with said will: And it appearing to the Court by said

testimony that said will was duly attested and executed

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint, it is ordered by the Court that

said will and testimony be recorded -

In the name of God Amen. I Esther Jamison of Delaware

County State of Ohio being old and feeble of body but of sound

and disposing mind and memory and being disposed to

arrange my worldly affairs, so that I may be the better pre-

-pared to leave this world when it shall please Almighty God

to call me home, do make this my last will and testament

First & principally I leave my soul in the hands of Almighty

God who gave it to be disposed of, as he in his goodness may see

fit: And my body to be decently buried by my executive, herein-

-after named, and after my debts and funeral expenses are

fully paid, my will is that my daughter Elizabeth shall

have all my property to dispose of as she may see fit, and

in disposing of the same my will is that my son Robert

have the portion given him in accordance with the provis-

-ions of the Will of R. Jamison dec'. And lastly I appoint

my said daughter Elizabeth Executrix of this my last

will - In witness whereof the set Esther Jamison doth

doth set her hand and affix her seal this 13th day of Ju-

-ly 1850 her

In the presence of this Esther Jamison [Seal]

subscribers, who in her presence mark

& at her request, subscribed our names as witnesses

thereto all in the presence of each other

Moses Gardner

John Gardner

John Lugenbeel

And I Esther Jamison do declare the following

as an addition or codicil to the foregoing will to wit
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 163)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 163)

Description

[page 163]

[corresponds to page 111 of Will Book 3]

111

I do give devise and bequeath my land warrant for Forty

acres of land lately issued to me by the United States to my

daughter Elizabeth to be disposed of as she may deem best -

and the proceeds thereof to be by her disposed of in equal shares

to my following named children, Robert Jamison, Two

shares, John Jamison James W Jamison Elizabeth Jamison

& Hannah Carpenter former Hannah Jamison one share

each, one full share to be equally divided among all my

Grand children that may be living when said division

of shares may be made - The share to my daughter Han-

-nah Carpenter to be her to her son separate use and not

to the use or control of her husband.

Witness my hand and seal this 29th day of July

1852 her

Esther Jamison [Seal]

mark

In the presence of the subscribers who at her request or in

her presence signed the same as witnesses thereto

all in the presence of each other

Moses Gardner

John Gardner

The State of Ohio Delaware County SS:

Court of Probate OCt. 30th 1852

Personally appeared in open Court Moses Gardner

and John Gardner who being duly sworn depose and

say that the paper before them purporting to be the last

will and testament of Esther Jamison now deceased

was by the said E. Jamison acknowledged published

and declared to be her last will and testament in the

presence of these deponents - that the said deceased was

of lawful age, that she was of sound and disposing

mind and memory, and under no restraint as they

verily believe - that they subscribed the same as witn-

-esses in the presence and at the request of the Testation

and in the presence of each other

Moses Gardner

John Gardner

Sworn to & Subscribed in open Court

this 30th day of October A.D. 1852

D. J. Fuller Prob

Judge, of Del Co. O
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 164)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 164)

Description

[page 164]

[corresponds to page 112 of Will Book 3]

112


Benjamin Martin's Will -

Proceedings had at the Office of the Probate Judge in Del-

-aware Delaware County Ohio before D. J. Fuller Probate

Judge in and for said County on the 17th of November

A.D. 1852 -

The last will and testament of Benjamin Mar-

-tin late of Troy Tp in said County deceased together with

a codocil to said will was this day produced in Court

and S. Finch one of the subscribing witnesses to said

will and A. L. Griffiths & George A. Jackson the subscribing

witnesses to said codicil appeared and in open Court testi-

-fied to the due execution of said will & codicil which test-

-imony was reduced to writing and by them respectively sub-

-scribed and filed with said will & codicil, and it appea-

-ring to the Court by said testimony that said will and

codicil were duly attested and executed, and the said testator

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

mind and memory and not under any restraint - it is

ordered by this Court that said will codocil and testimony be

recorded. Whereupon James Martin and Nehemiah Martin

the executors in said will named, appeared in Court and

signified their acceptance of the tenet of executing said

will, it is therefore further ordered that letters testamentary

be issued to them on their giving bonds in the sum of

$1000.00 with Mr. Jones and David Martin as sureties cond-

-itioned according to law - The Court appoints Sabeon Main

Hugh T. Cole and Amzi Slawson appraisers of the personal

property of said Testator -

I Benjamin Martin of the County of Delaware and State

of Ohio do make and publish this my last will and testament in the

manner and form following. First it is my will and desire that

all my funeral expenses and all just debts be paid.

Secondly, I give and devise to my beloved wife Margaret Martin

in Lieu of her Dower the plantation on which I now reside situate

in Troy Tp containing one hundred & sixty acres during the time

she shall remain my widow, and during her widowhood she shall

have all my personal property of all kinds and nature to be kept and

used by her during that time for her own support and the support of

my three sons Elijah Ludlow S. and Jefferson and all such property

while she remains my widow she shall dispose of and apply for the purpose

aforesaid, and in case my said Wife shall during her widowhood should

be disposed to marry again, it is then my will and desire that she shall have

during the residue of her life only such part and portion of the said

plantation and personal property as she shall be entitled by law

as her dower.

Thirdly - It is my will and desire that after the death or Widowhood

of my wife my said property - both plantation and personal
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 165)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 165)

Description

[page 165]

[corresponds to page 113 of Will Book 3]

113

property should be then disposed of as follows - I give and bequeath to

my daughter Gracy to be paid out of the residue of the said property

the sum of one hundred & thirty seven dollars.

Fourthly I will and devise to my son Jefferson the following part

and portion of my said farm and plantation after the aforesaid

Estate or term of my said wife shall expire, to wit beginning in

the North East corner of the said farm or plantation thence South

one half of the distance across the same and about three fourths of

the distance to the west end of the said farm - to have and to hold

the same to his heirs and assigns forever.

Fifthly, I will and devise the residue of my said farm or plantation

after taking out of the same the portion devised to my said son Jefferson

and after the expiration of the Estate and term of my said wife as

aforesaid to my eight heirs at law in fee simple upon the follo-

-wing condition, that the said residue of my said farm be by my exec-

-utors, or in case they neglect to do so by my said heirs control

from time to time as they think but, during the life or lives of my

two sons Elijah & Ludlow S. and out of the proceeds of such

rent or the use and benefit of the said land or farm pay

annually to the said Elijah during his natural life

the sum of forty dollars, and in the like manner pay annually

to the said Ludlow S. during his natural life the sum of one

hundred dollars, and after the deaths of my said sons Elijah

& Ludlow, the said last mentioned land or portion of my said land or

farm shall be equally divided between all my children, their

heirs and assigns forever - It is my will and desire to secure

to the said Elijah & Ludlow the provision aforesaid to each on

the account of their crippled and unfortunate situation and in

case the said rent or use of the said land should not give

the said sum of one hundred & forty dollars as provided as

aforesaid, that the deficiency if any should be raised out of my

personal Estate -

Sixthly - I will give & bequeath all the residue of my property

and Estate real or personal (to include the remainder after

the termination of what has been given to my wife as aforesaid)

to all my children to be equally divided between them without re-

-gard to any former gift or devise

And lastly I hereby Constitute and appoint my said wife Mar-

-garet Martin, and my two sons James and Nehemiah to be

the executors of this my last will and testament revoking and annulling

all former wills by me made, and ratifying and confirming this &

no other to be my last will and testament - In testimony whereof

I have hereto set my hand this 26th day of May A.D. 1840 -

Signed published and declared by the said } Benjamin Martin

Benjamin Martin as his last Will and testament in our presence - who at

his request have signed the same - in witness thereto - D. J. Fuller }

S. Finch }

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 166)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 166)

Description

[page 166]

[corresponds to page 114 of Will Book 3]

114

Know all men by their presents I hereby make the

following Alteration in the above will - that is to say the

hundred & thirty seven dollars devised to my daughter

Gracy I hereby revoke she having - she having since ma-

=rried and her portion having been given to her

And my son Ludlow S. Martin I give seventy five

dollars, in lieu of one hundred - In testimony I have

hereunto set my hand this thirteenth day of February A.D.

1847. Benjamin Martin

Signed published and declared

by the said Benj' Martin as an alteration

to the above last will & testament in our presence

who at his request have signed the same and

witness thereto A. L. Griffith

Geo. A. Jackson

In Probate Court

The State of Ohio Delaware County SS. } Nov. 16th 1852

Previously appeared in open Court S. Finch who being

duly sworn deposes & says that the paper before him purpor=

=ting to be the last will and testament of Benjamin Martin

now deceased was by the said Benjamin Martin acknowle=

=dged and declared to be his last will and testament in the

presence of this deponent - that the said deceased was of lawful

age- that he was of sound and disposing mind and mem=

=ory and under no restraint as he verily believes - that

he subscribed the same in the presence and at the

request of the testator - that the other subscribing witness (now

the Probate Judge of this Court) signed the same he has

no doubt in the presence and at the request of the testator

and each signed the same in the presence of the other &

further saith not S. Finch


Sworn to & Subscribed before me the 16th day of Nov. 1852

D. J. Fuller Prob Judge

The State of Ohio Delaware County SS.

Court of Probate Nov 17, 1852 - Personally appeared in

open Court A. L. Griffiths & George A. Jackson who being duly

sworn depose & say that the paper before them purporting to be the

Alteration of the last will & testament of Benjamin Martin now dec-

=eased was by the said Benjamin Martin acknowledged and publis=

=hed and declared to be the alteration of his last will & testament

in the presence of these deponents - that the said deceased was of lawful age

that he was of sound & disposing mind & memory & under no restraint as

they verily believe - that they subscribed the same as witnesses in the presence and

the request of the testator & in the presence of each other.

Sworn to & subscribed before me this 17th day of A. L. Griffiths

Nov. 1852 D. J. Fuller Prob Judge Geo. A. Jackson

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 167)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 167)

Description

[page 167]

[corresponds to page 115 of Will Book 3]

115


Abel Dixon's Will ~

Proceedings had at the office of the Probate Judge in Delaware

Delaware County Ohio before D. J. Fuller Probate Judge in and

for said County on the 20th day of Nov. A.D. 1852

The last will and testament of Abel Dixon late of Liberty

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

Court & Titus Case & Seth W. Case the subscribing witnesses to said

will appeared and in open Court testified to the due execution of said

will which testimony was reduced to writing and filed with said

will. And it appearing to the Court by said tetimony that said will

was duly attested & executed, and that the said testator at the time

of executing the same was of sound mind & memory, of full age

and not under any restraint, it is ordered by the Court that said

will and testimony be recorded: And there being no executors na-

-med in said will, and certificate of Lydia Dixon widow of said

Abel Dixon being produced to the Court by which it appears that

she declined administering on the Estate of her deceased husband

and requests the appointment of Wm P. Benton. It is therefore

further ordered by this Court that the said Wm. P. Benton be ap-

-pointed Administrator with the will annexed on the Estate

of the said Abel Dixon & that Thomas R. Hall Titus Case

and Mayor Bartholomew appraise the personal property of

said Testator: And it is further ordered that the said Adm'-

give Bonds in the sum of $1000.00 with Aaron Goodrich

and Mayor Bartholomew as sureties conditioned according

to law - Wherefor the said Wm P. Benton appeared in open

Court accepted said appointment and gave bond accor-

=dingly.

In the name of the Benevolent Father of all -

I Abel Dixon of Delaware County & State of Ohio do make

and publish this my last will and testament

Item 1st I give and bequeath to my beloved wife the

entire use and benefit one third of my real Estate, who

the use of the Household furniture during her life - I give

and devise to my wife my sorrel mare & my white cow

Item 2nd - I give to my wife in trust for the use of my family

my whole flock of sheep, two of my best hogs, Sixty bushels of

wheat, one hundred & seventy five bushels of corn

sixty bushels of Potatoes & all of my Hay.

Item 3 - I give and bequeath to my three boys an equal

amount of the residue of my property both real & personal

after paying my just debts funeral expenses - and

my daughter Lucian shall be entitled to three fourths as

much as each of the boys. Furthermore it is my will

that my son Philemon have one hundred dollars

deducted from his share of my property as an equivalent
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 168)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 168)

Description

[page 168]

[corresponds to page 116 of Will Book 3]

116

for one years services had by him during his minority.

In testimony whereof I have hereunto set my hand & seal

this 23rd day of October A.D. 1852.

Signed & acknowledged by said Abel Dixon [Seal]

Abel Dixon in our presence as his last

will & testament & signed by us

in his presence. Titus Case

Seth W. Case

State of Ohio Delaware County SS. } Court of Probate

} Nov 20th 1852

Personally appeared in open Court Titus Case & Seth

W. Case who being duly sworn depose and say that the paper

before them purporting to be the last will and testament of Abel

Dixon now deceased was by the said Abel Dixon acknowledged &

published and declared to be his last will and testament in

the presence of these deponents - that the said deceased was

of lawful age - that he was of sound and disposing mind

and memory and under no restraint as they verily believe

that they subscribed the same as witnesses in the presence

and at the request of the Testator and in the presence of

each other Titus Case

Seth W. Case

Sworn to & Subscribed before

me this 20th day of Nov. 1852.

D. J. Fuller

Prob. Judge -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 169)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 169)

Description

[page 169]

[corresponds to page 117 of Will Book 3]

117


James Ferson's - Will

Proceedings had before D. J. Fuller Probate Jud-

=ge in & for the County of Delaware & State of Ohio

at the Office of said Judge in Delaware on the

25th day of December A.D. 1852

The last of Will & testament of James Fer-

=son late of Orange Township in said County dec'

was this day produced in Court and Derwin E. Hyde

and James Anderson the subscribing witnesses to said

will appeared & in open Court on oath testified to the

due execution of said will which testimony was red=

=uced to writing and by them respectively subscribed

and filed with said will - And it appearing to the Court

by said testimony that said will was duly attested &

executed: and that the said testator at the time of exec-

=uting the same was of sound mind and memory -

of full age and not under any restraint. It is ordered

by the Court that said will and testimony be recorded -

Wherefor Samuel Ferson the Executor in said will

named appeared in Court & signified his acceptance

of the time of executing said Will. It is therefor fur-

=ther ordered that letters testamentary be issued to

him upon him giving bonds in the sum of $1000.

with James Eaton & Henry Lamb as Sureties cond-

=ition according to law - The Court appoints Harry

Janes, W. H. Hyde and Nathan Nettleton appraisers

of the personal property of Said Testator -

In the name of God

I James Ferson Senr. of Orange Tp Delaware

County Ohio, do make and ordain this my last will and

Testament. Item 1st My farm I bequeath to my

brothers Samuel Ferson & John Ferson. The farm to be div=

=ided into two parts the divisional line running from

the center of Alum Creek Eastward to the eastern boundary

of the farm and the width of Samuel's part to be two

thirds of the width of the James measuring across the

farm from North to South and Samuel to have his two

thirds on the North side of the farm.

Item 2nd. To my brother John Ferson I

bequeath the balance of my farm being the one third on

the south side and Thirty six dollars ($36) to be paid to

him in one month after my decease.

Item 3rd. To my niece Jane Ferson I

bequeath fifteen dollars ($15) to be paid at my decease and

I bequeath my claims against the estate of my deceased

brother Paul Ferson of Two hundred and thirty eight dollars
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 170)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 170)

Description

[page 170]

[corresponds to page 118 of Will Book 3]

118

($238) and the interest thereon to be equally divided

between his four children Jane, Paul, Howard & Bradford

the above Two hundred & thirty eight dollars ($238) being

for cash but my deceased brother Paul at different times.

Item 4th I hold a note against J. Ridgeway & Co.

for One thousand dollars ($1000) of this sum I bequeath

two hundred dollars ($200) to my brother Wm Ferson

to be paid six months after my decease.

To my brother Daniel Ferson Two hundred dollars

($200) to be paid six months after my decease and fifty

dollars ($50) to my sister in law, Phebe Ferson.

The balance of the note four hundred & ninety nine

dollars ($499) I bequeath to my brother Samuel Ferson

to be paid at my decease.

Item 5. I further bequeath to my brother Samuel

Ferson all my other property not herein otherwise dep-

=osed of: including all notes balances of notes interest etc

Item 6th - I do hereby constitute and appoint my brother

Samuel Ferson Executor of this my last will and

testament.

In testimony whereof I have hereunto set

my hand & seal at Orange Delaware County Ohio this

21st day of August 1852.

James Ferson Senr [Seal]

Signed and Sealed by James Ferson

Sen' the testator herein named as

his last will & testament in presence

of him & us who have subscribed

our names as Witnesses

Witnesses - Derwin E. Hyde }

James Anderson }

The State of Ohio Delaware County SS }

Court of Prob. Dec. 25th 1852 }

Personally appeared in open Court Derwin E. Hyde and

James Anderson who being duly Sworn - depose and say that

the paper before them purporting to be the last will and testament

of James Ferson now deceased, was by the said James Ferson

acknowledged, published and declared to be his last will

and testament in the presence of these deponents - that the said

deceased was of lawful age - that he was of sound and disposing

mind and memory, and under no restraint as they verily

believe - that they subscribed the same as witnesses in the pre=

=sence and at the request of the Testator and in the presence

of each other - Derwin E. Hyde

Sworn to & Subscribed in James Anderson

open Court this 25th day of Dec. 1852 D. J. Fuller

Prob. Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 171)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 171)

Description

[page 171]

[corresponds to page 119 of Will Book 3]

119


Will of Eliakim Cornell

Proceedings had before D. J. Fuller Probate Judge in and

for the County of Delaware and State of Ohio on the 16th day

of January A.D. 1853

This day the last will and testament

of Eliakim Cornell late of Genoa Tp in said County dec'

was produced in open Court by Hurlburt Scoville & Stephen

Carey the executors in the will named and John Roberts one of the subscribing

witnesses to said will being infirm and unable to attend Court

a commission to take the testimony of said witness was issued

to Hulbert Scoville; which testimony was also produced in Court

and filed with said will, And it appearing to the satisfaction

of the Court as well by the definition of said John Roberts, as by the

testimony of Philip Kirk, another suscribing witness to said

will, taken in open Court and reduced to writing and signed

by the said Philip Kirk, and also filed with the said will

that the said will was duly attested & executed, and that the

said testator at the time of executing the same was of full age

and of sound mind and memory and not under any restra-

=int, it is ordered by the Court that said will & testimony be

recorded - Whereupon Hurlburt Scoville and Stephen Carey

the executors in said will named, appeared in Court

and signified their acceptance of the trust of executing said

will; it is therefor further ordered that letters testamentary

be issued to them on their giving bonds in the sum of

Six Thousand dollars with H. Slack and C. G. Scoville as

sureties condition according to law. The Court appoints

A. J. Smith, to appraise the

personal property of said Testator -

In the name of God Amen & Amen. I Eliakim Cornell

of Genoa Township Delaware County Ohio knowing the shortness

of life and certainty of death I make this my last will and

testament. After my last sickness and funeral char-

=ges and all just debts are paid in manner that is to say First

I give to my beloved daughter in law, Timothy B. Cornell's

widow, an equal kinship with my Grand children, the

legal children of Timothy B. Cornell and Pamela Cornell

Second It is my will that my lawful heirs as above have the

Farm on which I now live upon in Genoa Delaware County

Ohio. Berthed and bounded as follows (Viz) Beginning at

the South west corner of B. Weeks land thence East 196

rods to the middle of Walnut Creek - thence southernly down

said creek to the North East Corner of land owned by Matthew

Roberts - thence west 200 rods - thence North on the section

line 40 1/2 rods to the place of Beginning. Also one other lot

bounded as follows Beginning at the south west Corner of
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 172)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 172)

Description

[page 172]

[corresponds to page 120 of Will Book 3]

120

D. Roberts land thence south on the section line 48 rods and

seven tenths links to a stake, thence east 207 rods to the center of

said Walnut Creek, thence Northly up said creek to the south

line of T. Roberts south line - thence west 200 rods to the place

of Beginning. Third my will is that all the live stock horses

Neat cattle sheep Hogs & by me now owned or at my death &

kept thereon - Also all the household furniture and other items

not particularly mentioned and otherwise disposed of in this

will, my executors first disposing of a sufficient thereof to pay my

just debts and last sickness and funeral charges as aforesaid

Fourth I give and devise the use of the farms past or rent, or as

much of the same as will raise and school the four minor

heirs until they become of lawful age reserving a sufficient

of said rent to pay the taxes on the farm, and for no other purpose

whatsoever and as those heirs arriving at lawful age my legal

heirs to enjoy the right of all not expended

Fifth my Will is that my executors sell and dispose of my

said farm when the youngest heirs become of lawful age to

the best possible advantage and divide it amongst my heirs

equal, and further that they clothed with authority to make

a good & sufficient warrantee owed as I could were I living at

the time of the sale. And lastly I hereby constitute and

appoint my trusty friends Hurlburt Scoville & Stephen

Carey to be my Executors of this my last will and

testament. Revoking all other wills by me made

In testimony whereof I have hereunto set my hand

and seal this 5th day of Nov. 1857

his

Signed published & declared Eliahim X Cornell [Seal]

by the above Eliahim Cornell mark

as & for his last will and

testament in presence of we

who at his request have signed

as witneses to the same

John Roberts

Philip Kirk

The State of Ohio Delaware County SS

Personally appeared before me Hurlburt Scoville

Commissioner appointed by the Court of Probate to take

the Deposition of John Roberts and solemnly sworn the

answers to make to the following questions

1st Was the paper hereunto attached and purporting to

be the last will and testament of Eliahim Cornell ac-

-knowledged published and declared by him in the presence

of said John Roberts, to be his last will and testament:

Answer - It Was -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 173)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 173)

Description

[page 173]

[corresponds to page 121 of Will Book 3]

121

2nd Was the Testator of lawful age, of sound and deposing

mind and memory and under no restraint at the time

of executing said will - Answer. He was of lawful age

of sound mind and memory and under no res-

=traint at the time of executing said will:

3 Did he the said John Roberts sign said Will as a

Witness in the presence and at the request of the said

Testator and in the presence of the other witness?

Answer He did -

Sworn & subscribed before me this 11th day of January

A.D. 1853 John Roberts

H. Scovill Commission etc

The State of Ohio Delaware County SS:

Probate Court Delaware Jany' 10, 1853 -

Personally appeared in open Court Philip Kirk who

being duly sworn deposed and says that the paper before

him purporting to be the last will and testament of Eliakim

Cornell now deceased was by the said Eliakim Cornell

acknowledged published and declared to be his last will

and testament in the presence of the deponent, that

the said deceased was of lawful age, that he was of

sound and disposing mind and memory and

under no restraint as he verily believed that he subscribed

the same in his presence and at the request of the Testa=

=tor and in the presence of the other witness

Philip Kirk

Sworn to & subscribed in open Court this 10th day

of Jany' A.D. 1853 D. J. Fuller Jud -

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 174)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 174)

Description

[page 174]

[corresponds to page 122 of Will Book 3]

122


Will of John Freese -

Proceedings had before D. J. Fuller Probate Judge in

and for the County of Delaware & State of Ohio on the

17th day of January A.D. 1853.

The last will & testament of John Freese late of Con-

-cord Township in said County deceased, was this day

produced in Court by Buckley H. Willis the executor in

said will named, and Walter T. Watson and John Oller

the subscribing witnesses to said will appeared and in open

Court as on oath, testified to the due execution of said will

which testimony was reduced to writing and by them resp-

=ectively subscribed and filed with said will; and it app-

=earing to the Court by said testimony that said will was

duly attested and executed, and that the said testator at the

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

and memory and not under any restraint, it is ordained by

the Court that said will and testimony be recorded.

Whereupon the said Buckley H. Willis the Executor in said

will named signified his acceptance of the tenet of executing

said will, it is therefore further ordered, that letters testam-

=entary be issued to him on his giving bonds in the sum of

$2000.00 with W. J. Watson and John Oller as sureties con-

-ditioned according to law = The Court appoints W. T. Wa-

-tson, John Oller and Joseph Hughes appraisers of the

personal property of said Testator

In the of God Amen - I John Freese of the County of

Delaware and State of Ohio do make and publish this my

last will and testament. 1st I give and bequeath to my

beloved wife Dinah Freese all the stock household goods

furniture provisions and other goods and chattels which

may be on my farm at the time of my decease to her

own use and behoof forever, she however selling so much

thereof as may be sufficient to pay my just debts -

2nd The disposition of my real estate to be as follows I give

and devise to my wife Dinah the use and control of

the farm on which I now live, consisting of fifty

Acres in the County aforesaid as long as she remains

my widow, at the death or marriage of my said Wid-

-ow, then the said real estate shall be divided between

my sons Jacob, Abraham Isaac and John and my

daughters Catharine Anna and Mary or their heirs,

and I further give and bequeath to my son Henry

Freese the sum of one dollar to be paid out of my

personal property - And I do nominate & appoint

Buckley H. Willis Executor of this my last will
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 175)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 175)

Description

[page 175]

[corresponds to page 123 of Will Book 3]

123

and testament and hereby authorize and impower him

to discharge debts due me as he may deem proper. I do also

authorize and impower him, if it shall become necessary in

order to pay my debts, to sell by private sale, or in such man-

-ner upon such terms of credit or otherwise as he may think

proper all or any part of my real estate and deeds to purch-

-asers to execute acknowledge and deliver in fee simple - I

do hereby revoke all former wills by me made

In testimony whereof I have hereunto set my hand & seal

this Twenty fourth day of December One thousand eight Hun-

=dred and fifty two.

Signed and acknowledged John Freese [Seal]

by said John Freese as his last

will and testament in our presence

and signed by us in his presence

W. T. Watson

John Oller

The State of Ohio Delaware County SS.

Personally appeared in open Court W. T. Watson and John Oller

who being duly sworn depose and say that the paper before them

purporting to be the last will and testament of John Freese now

deceased was by the said John Freese acknowledged publi-

=shed and declared to be his last will and testament in the

presence of these deponents - that the said deceased was of

lawful age, that he was of sound mind and memory

and under no restraint as they verily believe - that they

subscribed the same as witnesses in the presence and at

the request of the Testator and in the presence of each

other W. T. Watson

John Oller

Sworn to & subscribed before me in open Court this

17th day of Jany' 1853 D. J. Fuller

Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 176)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 176)

Description

[page 176]

[corresponds to page 124 of Will Book 3]

124

Will of Wm. Johson dec'


Proceedings had before D. J. Fuller Probate Judge of

and for the County of Delaware and State of Ohio on

the 28th day of February A.D. 1853.

The last will and testament of Wm. Johnson dec' was

this day produced in open Court by T. N. Powell Attorney

for executors in will named, and George N. Hall & James M.

Cherry the subscribing witnesses to said will, appeared and

in open Court upon oath, testified to the due execution of said

will, which testimony was reduced to writing and by them

respectively signed and filled with said will, and it appearing

to the Court by said testimony that said will was duly attested

and executed, and that the said Testator at the time of exec-

=uting the same was of full age, and of sound mind and

memory, and not under any restraint, it is ordered by the

Court that said will and testimony be recorded.

I William Johnson of Delaware, do make and publish

this my last will and testament as follows, to wit:

1st I give and devise to my beloved wife Rebbecca Johnson

in lieu of dower the House and lot on William street which

I have recently purchased of David Morline to have and to

hold the same as her absolute property in fee. I also give

and bequeath unto her my said wife the sum of two hun-

-dred dollars, together with all the household furniture I

now possess.

2nd. It is my will and desire that my son Darwin Johnson

receive a liberal education at the expense of my estate as

far as he may be capable and will to receive such in

education and for that purpose that my executors pay

out of my estate what may be sufficient and that my

son Darwin have at least as good an opportunity for his

education as was given to my son Calvin, and that the

expense thereof be paid out of my estate before my divi-

-sion thereof be made.

3rd. What I have advanced to my son Milton I intend

he shall hold as his own in order to make him equal to

what I have done for my other children.

4th After my just debts are paid and the above provisions

of my will are realized, it is my will that all the residue of my

property be equally divided amongst my four children, to wit Sarah

Calvin, Milton and Darwin, share and share alike to each of

them.

5th I make and constitute my said wife Rebecca and my

son Calvin executors of this my last will, and desiring that

my wife should not be required to give any bail as execu

trix. And I also give full power and authority to my exec

utor or such of them as may act full power. And
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 177)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 177)

Description

[page 177]

[corresponds to page 125 of Will Book 3]

125

authority to sell and convey all and any property that I

may have in fee simple or otherwise.

6th It is my will also that in case my son Darwin does

not choose to take a liberal education and put my estate

to that expense then it is my will that a full allowance

therefor be paid to him in lieu thereof before any division be

made of my property.

7th In case I have any real property or estate in Ohio or

elsewhere undisposed of it is my will that my executors or such

of them as may act should sell and convey the same for the

purpose of settling the estate or making a division thereof,

in accordance with this will.

Signed and published this 8th day of January A.D. 1853

Done in the presence of the undersigned ] William Johnson

who in the presence of the testator and at his ]

request and in the presence of each other have ]

signed these presents as witnesses ]

George N. Hall ]

James M. Cherry. ]

The State of Ohio, Delaware County SS.

In the Court of Probate for the said County.

George N. Hall and James M. Cherry being duly sworn in open

Court upon their respective oaths depose and say that the paper

now here produced, purporting to be last will & testament of

William Johnson bearing date 8th day of January A.D. 1853,

was duly subscribed by the said William Johnson on the day

of the date thereof at his residence in the town of Delaware

in the presence and seeing of these witnesses, and was then

and there in their presence and hearing duly published and

declared by the said Johnson as his last will and testament

and these witnesses then and there, at the request of the said

Johnson in his presence and in the presence of each other

signed their names thereto as witnesses.

That the said Johnson was then and there of sound mind

and memory, of about the age of fifty years and acting

under no restraint. James M. Cherry

Geo. N. Hall

Sworn in open Court and subscribed this 28th day of

March A.D. 1853. D. J. Fuller P. Judge -

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 178)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 178)

Description

[page 178]

[corresponds to page 126 of Will Book 3]

126

Will of Nathaniel Wells. Dec'

Proceedings had before D. J. Fuller Probate Judge in and

for said County of Delaware and State of Ohio, on the 4th day

of March A.D. 1853.

The last will and testament of Nathaniel Wells was this

day produced in open Court by John Roberts executor in

said will named. And C. Closson and William S. Steel the

subscribing witnesses to said will appeared, and in open Court

upon oath testified to the due execution of said will, which

testimony was reduced to writing and by them respectively signed

and filed with said will, and it appearing to the Court by

said testimony that said will was duly attested and executed

and that the said testator at the time of executing the same

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

under any restraint, it is ordered by the Court that said

will and testimony be recorded.

Whereupon the said John Roberts executor in said will named

signified his acceptance of the tenet of executing said will.

It is therefore further ordered that letters testamentary be issued

to him on his giving bonds in the sum of $600.00 with H.

Closson & Wm. S. Steel - as sureties conditioned according to law

The Court appoints C. Closson, Wm. S. Steel and Charles Freeman

appraisers of the personal property of said Testator.


In the name of the Benevolent father of all I Nathaniel

Wells of the County of Delaware and State of Ohio do make

and publish this my last will and testament. 1st I give

and devise to my beloved wife Martha Ann Wells all of

my estate, the farm on which we now reside to her and

her heirs forever, situate in the Township of Genoa and

County of Delaware bounded and described as follows,

beginning at the north east corner of James Bennet land on

the north line of Jacob Meeks land, thence north one hundred

nine and a half rods to the corner of Bennett's land, thence

West fifty eight and a half rods to a stake and stone thence south

one hundred nine and a half rods to the north line of

J. Bennett's land aforesaid thence east fifty eight and a half

rods to the place of beginning, Containing Forty acres of

land the same more or less, thus 2nd. And all of my

personal property the stock, household goods, furniture, aforesaid

and all other goods and chattels, which may be thereon at the

time of my decease, to her and to her heirs forever, as aforesaid

she however selling so much thereof as may be sufficient to

pay my just debts.

3rd I do hereby nominate and appoint John Roberts

executor of this my last will and testament - hereby

authorizing him to adjust and discharge in such

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 179)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 179)

Description

[page 179]

[corresponds to page 127 of Will Book 3]

127

manner has he may deem proper the debts and claims

due me.

In testimony whereof I have hereunto set my hand and

seal this 29th day of January in the year A. D. 1853.

signed and subscribed by said ] N. Wells [Seal]

Nathaniel Wells as his last will and ]

testament in our presence and signed by]

us in his presence ]

C. Closson ]

Wm. S. Steel ]

State of Ohio Delaware County SS.

Court of Probate March 4th, 1853.

Personally appeared Wm. Closson and Wm S. Steel in open court and

being duly sworn, depose and say that the paper before them purp=

-orting to be the last will and testament of N. Wells dec' was

by the said Wells acknowledged to be his last will and testament

in their presence, that he executed the same in their presence

that at the time of executing the same, he was of sound and

disposing mind, and memory and not acting under any res-

-traint as they verily believe, that they signed the same in his

presence and in the presence of each other, at the said testator's

request, and that said testator was about 35 or 40 years of age

C. Closson

Wm. S. Steel

Sworn to and subscribed in open

Court this 4th day of March A.D. 1853.

D. J. Fuller P Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 180)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 180)

Description

[page 180]

[corresponds to page 128 of Will Book 3]

128

Will of Alexander Wells dec' -

Proceedings had before D. J. Fuller Probate Judge in and

for the County of Delaware and State of Ohio on the 8th day of

March A. D. 1853.


In the name of God. Amen.

I Alexander Wells of Delaware County Ohio being weak in body

but of sound mind memory and understanding - do make and

publish this as and for my last will and testament in manner

following - that is to say,

First I desire that all my just debts and funeral expenses

be paid by my Ex' herein after named as soon after my decease

as may be convenient, and that my wife Rhoda Wells be my

Executor.

Secondly, I give and bequeath to my wife all my estate

real and personal to be hers during her life time, and then to devise

by will as she thinks best as she only knows what will be

justice amongst our children.

In testimony whereof I have hereunto set my hand and & seal

this sixth day of January A.D. 1852. ]

Signed, sealed and declared by the ] Alexander Wells [Seal]

Testator to be his last will and ]

testament in our presence who have hereunto ]

set our names at his request as witnesses ]

in his presence. ]

Asa Brown ]

J. R. Whitaker ]
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 181)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 181)

Description

[page 181]

[corresponds to page 129 of Will Book 3]

129

State of Ohio Licking County SS.

Personally came before me Henry Wilson Commissioner of the

Probate Court of Delaware County. The subscriber J. R. Witaker

(who is one of the witnesses to the will of Alexander Wells dec'

late of said Delaware County, and being qualified as the law dir-

-ects, deposeth and saith, That he the said deponent was present at

the making of the said will of Alexander Wells dec' which will

is hereto annexed, And that the said testator did state and over

that to be his last will and testament for the purposes therein

contained and set forth, and also that the said deponent saw

the said testator sign and seal the said will and that he also

verily believes that he was of sound mind and uninfluenced by

any person. And also that the said deponent did witness

by signing his name to said will, and further saith not.

Sworn and subscribed to before J. R. Whitaker

me this 2nd day of March 1853. H. Wilson Com. P. Court

State of Ohio Licking County SS.

Before me Henry Wilson, Commissioner of the Probate Court of

Delaware County, personally came Asa Brown of said County of

Licking (one of the witnesses to the will of Alexander Wells deceased

late of Delaware County) who being qualified as the law directs

deposeth and sayeth that the said deponent was present at the

making of the said will which is hereto annexed, and that the

tetator Alexander Wells vowed that to be his last will and

testament, for the purposes therein contained and set forth

and that the said deponent saw the said testator sign and seal

said will, and that he also believes that he was of sound mind

and uninfluenced thereto by any person, and also that he the

said deponent did witness by signing his name to said will

and further saith not. Asa Brown

Sworn to and subscribed before me this 2nd day of March 1853.

H. Wilson Com, P Court.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 182)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 182)

Description

[page 182]

[corresponds to page 130 of Will Book 3]

130

State of Ohio Delaware County SS.

Indenture made and entered into the 3rd day of March A.D.

1835, between Nehemiah Martin one of the Executors of the

estate of Benjamin Martin dec' of the first part, and Elijah

Martin of the second part.

Witnesseth that P. N. Martin of the first part agree to

bind myself to pay unto E. Martin the sum of one hundred

fifty five dollars. & 60 cts. being his portion in full in the estate

of B Martin dec' - not willed and aside from the Homestead

And furthermore P. N. Martin agree to pay to Elijah Martin

in lieu of the forty dollars secured & provided in the will

B. Martin for the use and benefit of E. Martin as the avail

or part of the avails of the old Homestead, Sixty dollars to be

paid annually by N. Martin being a part of the interest on

the money of the old Homestead during the natural life time of

Elijah Martin.

Furthermore by these presents Elijah Martin of the

second part acknowledge the receipt of the one hundred and

fifty five dollars & 60 cts, in full and also a full relinquishment

or release in all my right and dowry in the Homestead, and

Real and Personal Estate of B. Martin dec' on the condition

that the above named N. Martin faithfully and honestly fill

his part as above stipulated. Signed and sealed in the

presence of ) this day & year above named

Witnesseth J. M. Williams] Nehemiah Martin [Seal]

Jefferson Martin ] Elijah Martin [Seal]
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 183)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 183)

Description

[page 183]

[corresponds to page 131 of Will Book 3]

131

Last Will of Edw' S. Mendenhall dec'

Proceedings had before D. J. Fuller Probate Judge

within and for the County of Delaware and State of

Ohio, on the 6th day of June - A.D. 1853.

This day the last will and testament of Edward

S. Mendenhall late of Scioto Township in said County

dec' was produced in open Court by Wm. M. Warren

the Executor in the will named, and Wm. M. Warren

John Van Brimer - and Horatio G. Smith the subscribing

witnesses to said will appeared in open Court and

testified to the due execution of said will, which

testimony was reduced to writing and by them resp-

-tively subscribed and filed with said will and it

appearing to the Court by said testimony that said will

was duly attested and executed - and the said testator

at the time of executing the same - was of full age

and of sound mind and memory and not under any

restraint - it is ordered by the Court that said will

and testimony be recorded. Whereupon Wm. M. Warren

the executor in said will appearing in open Court

and signified his acceptance of the tenet of executing

said will, It is therefore further ordered that letters

testamentary be issued to him on his giving bond

in the sum of $4000.00 with Jacob David Crider, John U.

Mendenhall and John Van Brimer as sureties

conditioned according to law. The Court appoints

Joseph Van Deman, David Crider John Van

Birner - appraisers of the personal property of said

Testator.

In the name of the Benevolent father of

all men.

I Edward S. Mendenhall of the County

of Delaware and State of Ohio being weak in body

but of sound mind and memory, and being

desirous of directing the settling of my worldly

business do make and publish this my last will

and tesament in manner and form - as follows

to wit:

First - after the expenses of my last sickness

Burial and debts are all paid = I will to my two

sons - Thomas H. Mendenhall and John H. Mendenhall

and to my daughter Mary Ann Mulford an equally

division of all my estate. Consisting in part

of a claim in South America. A claim for land

in the State of Virginia and an interest in land

in Delaware County Ohio, also goods - chattels

and money -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 184)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 184)

Description

[page 184]

[corresponds to page 132 of Will Book 3]

132

Second - It is my will that the portion belonging

to my daughter Mary Ann Mulford - shall be

secured to her and her heirs - safe from loss by

the appointment of a trustee, for that purpose

to be use for her support, or invested in real

estate at her request, so as to carry into affect

my intention - above stated -

3rd I appoint Wm. M. Warren executor of this

my last will and testament.

In witness whereof I have hereunto set my

hand and seal, this 6th day of April A.D. 1853

Horatio G. Smith Edward S. Mendenhall [Seal]

John Van Brimer

Wm. M. Warren

The State of Ohio - Delaware County. SS.

Court of Probate June 6th 1853.

Personally appeared in open Court Horatio

G. Smith, John Van Brimer and Wm. M. Warren who

being duly sworn depose and say, that the paper

before them purporting to be the last will and

testament of Edward S. Mendenhall now dec'

was by the said Edw' S. Mendenhall acknowledged

published and declared to be his last will & testament

in the presence of these deponents, that the said

deceased was of lawful age, that he was of sound

and disposing mind and memory, and under

no restraint - as they veriliy believe, that they subs-

-cribed the same as witnesses in the presence and

at the request of the testator, and in the presence

of each other. Horatio S. Smith

Sworn to & subscribed John Van Brimer

in open Court this 6th day Wm. M. Warren

of June A.D. 1853.

D. J. Fuller Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 185)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 185)

Description

[page 185]

[corresponds to page 133 of Will Book 3]

133

Last Will of Lymon Hotchkiss


Proceedings had before D. J. Fuller Probate

Judge within and for the County of Delaware

and State of Ohio on the 30th day of July A.D. 1853


the State of Ohio Delaware Co. SS.

I Lyman Smith of New Haven County and

state of Connecticut - Greeting -

Know you 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 depositions of Ransom R. Russell, Lucius

A. Russell & Flora Hoppen subscribing witnesses

to the will of Lyman Hotchkiss hereto annexed

late of Delaware County and State of Ohio dec'

and therefore we command you that at a

certain day and place to be appointed by

you. you cause the said R. R. Russell, S. A. Russell

and Flora Hoppen to be brought before you &

then & there examine them on their Corporal

oaths or affirmation first taken before you

vouching the due execution of the said will

of the said Lyman Hotchkiss and that you

reduce such examination to writing and

return the same together with this will and

the said will of the said Lyman Hotchkiss

thereto annexed closed up under your seal into

our Court of Probate with all convenient speed.

Witness D. J. Fuller Judge of our said

Court of Probate at Delaware this 23rd day

of May A.D. 1853. D. J. Fuller Prbt' Jdg' of Del. Co.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 186)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 186)

Description

[page 186]

[corresponds to page 134 of Will Book 3]

134

In the name of God Amen. I Lyman

Hotchkiss of Prospect in the County of New Haven

State of Connecticut being of sound & disposing

mind and memory do make and dispose

ordain this my last will and testament in

manner and form following - in the first

place I will that all my debts and funeral

charges be paid & discharged by my executor

hereinafter named = I do give and devise unto

my loving wife Sarah Ann - all my goods & chattels

and personal estate whatsoever without any

appraisal, also I do give unto my said wife Sarah

Ann the use of all my real estate during her

natural life - intending that the same be given

to my child or children if any shall be living

at the time of her decease, but in case there

shall be no child living I intend that the

real estate shall be equally divided between

my brothers and sisters and my said wife's

brothers and sisters - Lastly I do make &

constitute Sarah Ann my said wife executrix

of this my last will and testament. In witness

whereof I have hereunto set my hand and seal

this 27th day of March in the year of our Lord 1843.

Lyman Hotchkiss [Seal]

Signed sealed and declared by the said

Lyman Hotchkiss as his last will and testament

in presence of us who in his presence and in

the presence of each other have hereunto

subscribed our names.

Ransom R. Russell ]

Lucius A. Russell ] Witnesses

Flora Hoppen ]

Prospect New Haven County Ct July 4th 1853.

To the Court of Probate of Delaware Co. Ohio - or

whom it may concern - This is to certify that on

and previous to the 27th of March 1843, that I

was personally acquainted with Lyman Hotchkiss

the sighner and sealer of the above will which has

been read in my presence and that I knew

him at that time to have been of lawful age

and of sound mind and memory and was

under no undue influence from any source

whatever.


Flora Hoppen Johnson
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 187)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 187)

Description

[page 187]

[corresponds to page 135 of Will Book 3]

135

The above named person formerly Flora Hoppen

appeared before me and made the statement

which has been reduced to writing and to which

she before me made oath to the same.

Prospect July 20th 1843. Lyman Smith

To the Court of Probate for Delaware County

State of Ohio or to whom it may concern.

This is to certify that on and previous to the

27th of March 1843, that I was personally acq-

=uainted with Lyman Hotchkiss the signer

and sealer of the foregoing will and knew him

at that time to have been of lawful age of sound

mind and memory and under no undue inf-

-luence or restraint.

Prospect New Haven Co. Ct. July 4th 1853. R. R. Russell

New Haven County SS.

Prospect July 4th 1853.

Personally appeared the above named R. R.

Russell, and made oath to the above statement

by him subscribed before me.

Lyman Smith [Seal]
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 189)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 189)

Description

[page 189]

[corresponds to page 137 of Will Book 3]

137

while the same is under the control of my

said wife - is properly taken care of, for the

benefit and use of my said wife during her

natural life, as aforesaid, then after her

decease he is to take the same as heretofore

mentioned.

Item Second - I give and bequeath to my

sons Thomas Crawford and Stewart Crawford

Twenty dollars, each which sum is to be paid

out of my property after the decease of my said

wife.

Item Third

I do hereby nominate and appoint

my son Thomas Crawford and my friend John

Tudy Executors of this my last will & testament

hereby authorizing and empowering them

to compromise, adjust - release and discharge

in such manner as they may deem proper the

debts and claims due me. And in case

my son Allen Crawford should reject or refuse

to provide for or take care of my said wife,

then in that case I request and authorize my

said Executors, to take charge of all said

property aforesaid, and if necessary for the

support of my said wife, sell the same in

such manner as they may deem proper

and right, in order that she may be properly

provided for during her natural life.

I do hereby revoke all former wills by me

made.

In testimony whereof I have hereunto

set my hand and seal this Thirtieth day of

May in the year A.D. 1853. his

Thomas X. Crawford [Seal]

mark

Signed and acknowledged

by said Thos Crawford as his last will

and testament in our presence and

signed by us in his presence.

William P. Reid

Samuel S. Mason

State of Ohio Delaware County SS.

Personally came Wm. P. Reid and Samuel S.

Mason who being duly sworn in open Court

depose and say that the paper before them

purporting to be the last will and testament
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 190)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 190)

Description

[page 190]

[corresponds to labeled page 138]

138

of Thomas Crawford dec' was published &

declared to be his last will and testament

in the presence of Deponents. That the said

deceased at the time of executing the same was

of lawful age, of sound and disposing mind

and memory and not actng under any

restraint as they verily believe. That said

witnesses signed the same in the presence

of the testator and at his request and in the

presence of each other and further say not.

W. P. Reid

Samuel S. Mason

Sworn to and Subscribed before me this

30th day of July 1853.

D. J. Fuller Prob' Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 191)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 191)

Description

[page 191]

[corresponds to page 139 of Will Book 3]

139

Last Will of John Ginn deceased -

Proceedings had before D. J. Fuller - Probate Judge

within and for the County of Delaware and State

of Ohio - on the 6th day of Aug - A.D. 1853 -

The last will and testament of John Ginn dec'

late of said County, was this day produced in

open Court by Robert Wilson Executor of said will

Named, and Anson A. Streator, S. J. M. Leak the

subscribing witnesses to said will appeared &

in open Court on oath testified to the due

execution of said will, which testimony was

reduced to writing and by them respectively

signed and filed with said will: and it

appearing to the Court by said testimony, that

said will was duly attested, and executed, &

that the said testator at the time of executing

the same was of full age and of sound mind

and memory - and not under any restraint -

it is ordered by the Court that said will &

testimony be recorded -

I John Ginn of the County of Delaware, in the

State of Ohio do make and publish this my

last will and testament in manner and form

following - that is to say -

First of all, It is my will that all my funeral

expenses and all my just debts be fully paid.

Second. I give, devise and bequeath to my

beloved wife Sarah Ginn in lieu of her dower

the plantation, on which we now reside,

during her natural life - or as long as she

remains my widow, situate in the Tow-

-nship of Trenton County and State aforesaid

containing about Eighty six Achors also all

the live stock horses cows and hogs by me

owned, also all the household furniture

and and other items not particularly

named and otherwise disposed of in this

will, during her natural life or as long as

she remains my widow, and at the death

or marriage of my said wife all the property

hereby devised or bequeathed to her as aforesaid

or so much thereof as may then remain

unexpended in manner and form following

Third - I give and devise to my eldest son

James Ginn and my fourth son Moses Ginn

and my fifth son Samuel Ginn the Farm on
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 192)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 192)

Description

[page 192]

[corresponds to page 140 of Will Book 3]

140

which we now resided at the death of my

beloved wife or at her marriage. Fourth

I devise and bequeath to my second son Leroy

Twenty five dollars at his mothers death to

be paid to him by the three above named brothers

James Ginn, Moses Ginn, and Samuel Ginn -

Fifth I devise and bequeath to my third son

Charles Ginn Twenty five Dollars to be paid

at his mothers death to him by my sons

James Ginn - Moses Ginn and Samuel Ginn.

Sixth - I Devise and bequeath unto my daughter

Nancy Ginn her living with her Mother on the

farm on which we know live and which I

have bequeathed to my wife, her life time, or as

long as she remains my widow - Seventh

I bequeath unto my daughter Martha ten dollars

to be paid her at her mothers death by my sons

James, Moses and Samuel - Eighth - I devise

and bequeath unto my daughter Effie - ten dollars

to be paid her at her mothers death, by my

sons James, Moses and Samuel. Ninth -

I devise and bequeath unto my beloved wife

the balance of the money if any there be left

after paying all my just debts and funeral

expenses and expense of Administration, on

my property that is the money coming from

Robert Wilson for twenty acres of land in

Harlem Township which I sold to him for

thirteen dollars per acher and in accordance

with an article of agreement wh between him

and I, it is my will that Edward H. Dent

Administrator of the estate of A. C. Leah dec'

through whom the Deed is to be made, that

he makes the deed direct to the said Robert

Wilson - And lastly I hereby appoint or

constitute Robert Wilson to be the executor

for this my last will and testament, revoking

and annulling all former wills by me made

and ratifying and confirming this and no

other to be my last will and testament, in

testimony whereof I have hereunto set my hand

and seal this 26th day of July A.D. 1853.

his

John X Ginn [Seal]

mark

Signed - published and declared by the within
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 193)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 193)

Description

[page 193]

[corresponds to page 141 of Will Book 3]

141

Samuel John Ginn as and for his last will and

testament in presence of us who at his request

have signed as witnesses to the same.

Anson A. Streator ]

J. M. Leak ]

The State of Ohio - Delaware County SS.

Court of Probate Aug = 1853.

Personally appeared in open Court Aaron A. Streator

and John M. Leak who being duly sworn depose

and say that the paper before them purporting

to be the last will and testament of John Ginn

now deceased was by the said John Ginn ackn-

=nowledged published and declared to be his last

will and testament, in the presence of these

deponents, that the said dec' was of lawful

age that he was of sound and disposing mind

and memory and under no restraint as they

verily believe - that they subscribed the same

as witnesses in the presence and at the request

of the testator and in the presence of each other

Sworn to & subscribed A. A. Streator

in open Court this 6th day J. M. Leak

of Aug" A.D. 1853.

D. J. Fuller Prob' Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 194)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 194)

Description

[page 194]

[corresponds to page 142 of Will Book 3]

142

Last Will of Watson Case dec' -

Proceedings had before D. J. Fuller Probate

Judge within and for the County of Delaware

and State of Ohio on the 27th day of Aug" A.D. 2853.

This day the last will and testament of Watson

Case dec' was produced in open Court and

proved by the testimony of the subscribing witn-

=esses thereto, and ordered to be recorded - Said

will was produced for proof by Seth W. Case the

Executor appointed in said will by testator,

which appointment was confirmed by said

Court under Bonds of ($1000.00) One thousand

dollars, with D. F. Mc Cullough and Timothy

Andrews as Security.

In the Name of the Benevolent Father of all,

I Watson Case of Liberty Township - Delaware

County and State of Ohio - do make and publish

this my last will and testament -

Item 1st - I give and devise to my beloved

daughter Eunice A. McCullough or her heirs and

to my son Seth W. Case or his heirs lot No. 40

in Range 19, T 3, S 4, U.S.M.S. containing One

hundred acres more or less. Also sixteen acres

and three fourths of an acre in lot 39, said land

to be equally divided -

Item 2nd I devise and bequeath to my Grand

sons James B. Case and Thomas W. Case or their

heirs all of my interest in lot No. 2, in Range 19

S.3. T.4. U.S.M.L.

Item 3rd I devise and bequeath to my Grand

sons John W. Van Deman and Henry E. Van Deman

the sum of Two hundred dollars each when they

become Twenty one years of age, and if they die

before they become Twenty one years of age - then

to my other Grand children.

Item 4th I devise and bequeath to the American

Bible Society a sufficient to constitute my

son Seth W. Case - my daughter Eunice A. McCu-

=llough and my son in law David F. Mc Cullough

life members of said Society - said donation to

be paid out of money in the hand of said David

F. Mc Cullough -

Item 5th - I devise and bequeath to my son Seth

W. Case all of my property and effects except what

is otherwise devised and bequeathed in consi-

=deration that he support and sustain my

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 195)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 195)

Description

[page 195]

[corresponds to page 143 of Will Book 3]

143

beloved wife in a comfortable manner during

her natural life - Also my said wife to have the

privaledge of disposing of any of the household

furniture as she may think proper. Also that

he shall pay all the expenses that may be

incurred before or after my decease.

Item 6th I do hereby nominate and appoint

Seth W. Case 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, and to apply

the proceeds to the carrying out of the several

provisions contained in the several items of

my will. I do hereby revoke all former wills

by me made.

In testimony whereof I have hereunto set

my hand and seal this 10th day of October

the year 1851. Watson Case {seal]

Signed and acknowledged by said Watson

Case as his last will and testament, in our

presence and signed by us in his presence.

Timothy Andrews

George Cellar.

State of Ohio Delaware County SS.

Court of Probate Aug 27. 1853.

Personally appeared in open Court Timothy Andrews

and George Cellar who being duly sworn depose &

say that the paper before them purporting to be

the last will and testament of Watson Case

now deceased - was by the said Watson Case

acknowledged published and declared to be

his last will and testament in the presence of

these deponents. That the said Watson Case

was of lawful age - that he was of sound and

disposing mind and memory and under no

restraint as they verily believe. That they

subscribed the same as witnesses in the

presence and at the request of the testator and

in the presence of each other. Timothy Andrews

George Cellar

Sworn to and subscribed in open Court

this 27th day of Aug" A.D. 1853.

D. J. Fuller

Prob Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 196)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 196)

Description

[page 196]

[corresponds to page 144 of Will Book 3]

144

Last Will of J. McKinnie & Wife dec'

Proceedings had before D. J. Fuller Probate Judge

in and for the County of Delaware and State of Ohio

at his office in the town of Delaware in said

County, on the 11th day of Oct. A.D. 1853.

This day the last will & testament of J. McKinnie

and Wife was produced in open Court and proved

by the testimony of the subscribing witnesses thereto

and ordered to be recorded -

In the Name of the Benevolent Father of all.

I Josiah McKinnie and Margaret McKinnie

wife of said Josiah McKinnie and daughters of Thos

Cellar deceased all of the County of Delaware and

State of Ohio, do make and publish this our last

will and testament.

Item 1st. We give and Devise to our son John McKinnie

three hundred acres of land off from the east end of

lot eight (8) according to Joseph Nance's survey, it

being the farm on which we now live, in the first

quarter of the third Township and in the nineteenth

Range, U.S.M. lands, it being a part of the land that

was deeded by Thomas Cellar - Executor - to said

testators (that is to Margaret McKinnie wife of said

Joseph McKinnie his heirs or assigns) We hereby give

and devise said above described lands, to said John

McKinnie and his heirs forever -

Item 2nd. We give and devise the remainder of said

lot eight (8) which is situate in the west end of

said lot all other description the same as set forth

in the first item above - to our daughter Martha C.

Dunlap wife of John T. Dunlap her heirs - it being

one hundred acres of land.

Item 5th. At our decease said John McKinnie or his

heirs is to pay our just debts, and funeral expenses,

and we bequeath unto our son John McKinnie and

his heirs all our personal property - that may be in

our possession at death.

We do hereby revoke all former wills by us made

In testimony we have hereunto set our hands and seals

this sixteenth day of Feby' in the year A.D. one thou-

-sand eight hundred and forty six.

Josiah McKinnie [Seal]

Sign & acknowledged ] Margaret McKinnie [Seal]

by said Josiah McKinnie & Margaret McKinnie as

their last will & testament in our presence - and signed

by us in their presence. Shubael Knapp

Andrew Harter

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 197)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 197)

Description

[page 197]

[corresponds to page 145 of Will Book 3]

145

Codicil to foregoing will -

We Josiah McKinnie & Margaret McKinnie do appoint

John T. Dunlap and John McKinnie of the County of

Delaware and State of Ohio as Executors of this our

last will and testament.

In testimony whereof we have hereunto set our

hands and seals, this sixteenth day of February in

the year of our Lord one thousand eight hundred

and forty six. Josiah McKinnie [Seal]

Margaret McKinnie [Seal]

Signed & acknowledge by Josiah McKinnie and

Margaret McKinnie as their last will & testament

in our presence and we signed in their presence.

Shubael W. Knapp

Andrew Harter

State of Ohio Delaware County. SS.

Personally appeared in open Court Andrew Harter

and Shubael W. Knapp and made solemn oath

that the paper purporting to be the last will and

testament of Josiah McKinnie & Margaret McKinnie

was by the said Josiah & Margaret acknowledged &

published and declared by the said testators to

be their last will and testament in our presence.

That said testators were at the time of executing

said will of lawful age of sound mind and memory

and not under any restraint as they verily

believe - That they signed the same as witnesses

in the presence and at the request of said test-

-ators and in the presence of each other.

Andrew Harter

S. W. Knapp

Sworn to and subscribed before me

this 11th day of Oct: A.D. 1853.

D. J. Fuller

Prob. Judge -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 198)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 198)

Description

[page 198]

[corresponds to page 146 of Will Book 3]

146

Last Will of Robert Brown dec' -

Proceedings had before D. J. Fuller Probate Judge

in and for the County of Delaware - State of Ohio

on the 8th day of Sept = A.D. 1853.

This day the last will and testament of Robert

Brown deceased was produced in open Court

& proved by the testimony of the subscribing witn-

-esses thereto, and ordered to be recorded.

In the name of God I Robert Brown of Oxford

Township Del. Co. Ohio do hereby give and bequeath

all my property real and personal to my beloved

wife (Climanda) until her death and give unto her

full power and authority to pay all debts, and

receive all monies due, and after her death the

property to be equally divided amongst my beloved

children, Marilla - Maria, Matilda, Almina

Rosilla, Amelia Aditha Rosette -

In witness whereof I Robert Brown the

testator have to this will set my hand and seal

with my seal - This the Twenty third day of Feby -

one thousand eight hundred and fifty three

Attest Robert Brown [Seal]

Benjamin Martin Jr.

Adam S. Shoemaker

The State of Ohio - Delaware County. SS.

Court of Probate Sept 8th 1853.

Personally appeared in open Court Benjamin

Martin Jr. and Adam Shoemaker who being duly

sworn depose and say that the paper before them

purporting to be the last will and testament of

Robert Brown now deceased was by the said Robert

Brown acknowledged - published and declared

to be his last will and testament in the presence

of these deponents: that the said dec" was of lawful

age, that he was of sound and disposing mind

and memory, and under no restraint- as they

verily believe - that they subscribed the same as

witnesses in the presence and at the request of the

testator, and in the presence of each other.

Benj. Martin Jr.

Adam Shoemaker

Sworn to & subscribed in open Court this

8th day of Sept" A.D. 1853.

D. J. Fuller

Prob. Judge -


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 199)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 199)

Description

[page 199]

[corresponds to page 147 of Will Book 3]

147

Last Will of Daniel Mangans dec'

Proceedings had before D. T. Fuller Probate Judge in

and for the County of Delaware and State of Ohio on

the 10th day of Oct. A.D. 1853.

This day the last will and testament of David

Mangans dec' was produced in open Court and

proved by the testimony of the subscribing witnesses

thereto and ordered to be recorded -

In the name of God - Amen:

I Daniel Mangans of the

Township of Scioto in County of Delaware Ohio being

of sound mind and memory and considering the

uncertainty of this frail and transitory life, do make

ordain - publish and declare this to be my last will

and testament - That is to say. First after all my lawful

debts are paid and discharged, the residue of my

estate real and personal I give - bequeath and dispose

of as follows. To wit: To my Wife Mary in lieu of her

dower one hundred and forty nine acres of land

during her natural life known as the Rodgers, and

west part of the Hodsden farm, in Scioto Township

(Reference is had to Deeds on Record.) also while she

remains my widow all the crops and produce on

the farm together with all the stock, Waggons and Buggy

and all the household and kitchen furniture.

But requiring my said wife to give to my son Abraham

at the age of Twenty one years one god horse and

Cow. And also to my daughter Mary Magdelain at

the age of Eighteen years or sooner if needed, one

good Cow, Bed and Bedding, Bureau, Table chairs

and kitchen furniture suitable to keeping house.

I will to my son Reason Mangans Seventy acres

of land where he now resides being the east part

of the Hodsden farm running north and south

parallel with the east line, enjoining on him to

pay the taxes and twenty dollars each and every

year to my widow during her natural life.

I will to my two sons Daniel and Abraham at

the death of my wife an equal division of the

one hundred and forty nine acres of land being

the same land willed to my wife, during her life.

I will to my daughter Elizabeth Garvin and

Mary Magdelain four hundred dollars each

two years after my death.

I will to my daughter Susannah Robinson and

and her lawful heirs the sum of four hundred

dollars two years after my death and to remain

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 200)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 200)

Description

[page 200]

[corresponds to page 148 of Will Book 3]

148

in the hands of my Executors for the use of her

and her lawful heirs - And in case Susannah Robinson

dies leaving no lawful heirs - then the sum willed to

her and her heirs shall go equally to my daughters

Elizabeth and Mary Magdelain share and share alike.

The sum of Twelve hundred dollars willed to my

three daughters is to be paid by my executors is to

be paid by my executors by from the notes and

accounts - should there be a deficiency the residue

to be made from the personal property remaining

att he death or marriage of my wife -

The personal property of all description whatever

remaining on the farm at the marriage or death

of my wife - and not needed to pay any legacy set

forth in this will, shall be divided amicably and

equally between my two sons Daniel & Abraham.

Likewise I make constitute and appoint my

two sons Reason Mangans and Daniel Mangans

to be executors of this my last will and testament

hereby revoking all others by me made.

In witness whereof I have hereunto subscribed

my name and affixed my this 16th day of Sept. A.D. 1853.

J Harvey Dodds } Daniel Mangans {Seal}

Wm M. Warren }

State of Ohio, Del. Co. SS.

Probate Court Oct. 10 1853.

Personally appeared in open Court Wm. Williams and

J Harvey Dodds who being duly sworn depose and

say that the paper before them purporting to be the

last will and testament of Daniel Mangans now

dec' was by the said Daniel Mangans acknowl-

-edged - published and declared to be his last will and

testament in the presence of these deponents - that the

said deceased was of lawful age - that he was of sound

and disposing mind and memory and under no

restraint as they verily believe - that they subscr-

-ibed the same as witnesses in the presence and

at the request of the testator and in the presence

of each other.

Wm' M. Warren -

Sworn to and subscribed } J Harvey Dodds

in open Court the day and

year first above written

D. T. Fuller

Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 201)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 201)

Description

[page 201]

[corresponds to page 149 of Will Book 3]

149


Last Will of Augustus M. Shaw dec'

Proceedings had before D. T. Fuller Probate Judge

in and for the County of Delaware and State of Ohio

on the 27. day of Oct. A.D. 1853.

This day the last will & testament of Augustus M. Shaw

was produced in open Court by Samuel D. Shaw - the

Executor in said will named - and proved by the tes-

-timony of the subscribing witnesses thereto and ordered

to be recorded. And it is further ordered that said Ex-

-ecutor enter into bonds in the sum of

with as security ---

I Augustus M. Shaw being of lawful age and of

sound mind do make and Constitute this my last

will and testament - revoking all others heretofore

made.

First - It is my will that my legal debts should be paid.

Second - It is my will that my wife Mercy Shaw shall

have the sum of Twenty four dollars annually paya-

-ble quarterly if required, one Black Mare, one Cow, six

sheep, Two hogs - all the household furniture and all

the Beds and bedding.

Thirdly - It is my will that Henry B. Shaw my grandchild

should have one coalt now on the premises, one yoke

of steers - one Two horse Waggon, one Wind Mill one Cider

Mill (portable one) one Heifer now on the premises, Twelve

sheep - Four Hogs -

Fourthly - It is my will that Elizabeth S. Shaw wife of

Samuel D. Shaw should have my pleasure carriage

one horse and harness, Six sheep - four hogs -

Fifthly - It is my will that Henry B. Shaw Elizabeth S.

Shaw shall have all my real estate on which I now

reside being Thirty five acres one hundred and one

perches of land to them their heirs and assigns for-

-evermore particular descriptions reference may be

had to a Deed made by Nathaniel Field & wife

to me bearing date Jan'y 22' 1851.

Sixthly - It is my will that the sums of Five dollars

should be paid to Archibald C. Shaw, Hiram Shaw

and Sam'l D. Shaw each the sum to be paid when

called for. Seventhly - It is my will and I do hereby

constitute and appoint Samuel D. Shaw my son

Executor of this my last will & testament giving him

discretionary power in sale or otherwise of my

chattels & effects for the purpose of paying my debts.

etc. As witness my hand this sixth day of Dec. A.D. 1853.

Signed, sealed & delivered in } A. M. Shaw {Seal}

presence of Jacob Smith }

Michael Smith }

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 202)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 202)

Description

[page 202]

[corresponds to page 150 of Will Book 3]

150

State of Ohio, Delaware County SS.

Court of Probate Oct. 27. 1853.

Personally appeared in open Court Jacob Smith and

Michael Smith who being duly sworn depose and say

that the paper before them purporting to be the last

will and testament of Augustus M. Shaw now deceased

was by the said Augustus M. Shaw - acknowledged, publ-

-ished and declared to be his last will and testament

in the presence of these deponents - that the said dec'

was of lawful age - that he was of sound and disposing

mind and memory - and under no restraint as they

verily believe - That they subscribed the same as

witnesses in the presence and at the request of the

testator, and in the presence of each other.

Jacob Smith

Michael Smith

Sworn to and subscribed before me this 27 day

of Oct' A.D. 1853.

D. T. Fuller

Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 203)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 203)

Description

[page 203]

[corresponds to page 151 of Will Book 3]

151

Last Will of Bartholomew Pettit dec'


Proceedings had before D. T. Fuller Probate Judge

in and for the County of Delaware & State of Ohio

on the 30" day of Oct. A.D. 1853.

The last will of Bartholomew Pettit late of Del-

-aware County deceased was this day produced in

open Court and William Williams and George White

the subscribing witnesses to said will - appeared and

in open Court on oaths testified to the due execution

of said will - which testimony was reduced to wri-

-ting and by them respectively subscribed and filed

with said will - And it appearing to the Court by said

testimony that said will was duly attested and exe-

-cuted - and that said testator at the time of executing

the same was of full age of sound mind and me-

-mory and not under any restraint - It is ordered

that said will and testimony be recorded. And

thereupon there being no executor in said will

named - On motion the Court Appoints William

Williams Adm' with the will annexed on said

estate. And it is ordered - that Peter Short - George White

& John Sheets appraise the personal property of

said testator - it is further ordered that said

Adm' enter into bonds with L.F. Pettit and

B.F. Loofboro as securities conditioned according

to law - D. T. Fuller Prob. Judge -

In the name of the Benevolent Father of all

I Bartholomew Pettit do make and publish this

my last will and testament -

Item 1st I give and devise unto my beloved

wife the farm on which we now reside - Situate

in Brown Township - Delaware County - Ohio -

and in Range No. 18. Township No. 5. Section No. 4.

Lot No. 6 - West part - containing 79 1/4 acres -

during her natural life and all the Stock - house

hold goods, furniture provisions, and other goods

and chattles which may be thereon at the time

of my decease - during her natural life as afo-

-resaid - She however selling enough thereof to pay

my just debts - At the death of my said wife

the real estate aforesaid & such parts of the said

personal property - or the proceeds thereof - as may

then remain unconsumed and unexpended. I

give and devise to my four daughters - Eliza Ann -

Margaret Ellen - Sarah Jane - Abi Secelia to be

sold and the proceeds equally divided between

them except so much of the amount as I give to

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 204)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 204)

Description

[page 204]

[corresponds to page 152 of Will Book 3]

152

my two sons in Item 2'

Item 2' I devise and bequeath to my two

sons Jacob Firman and Ovington Dolby - five

dollars each which I consider will make them

equal with my daughters in the division of my

estate with what I heretofore gave them.

Viz - I gave to Jacob Firman by deed a part of

my real estate and to Ovington Dolby his time

before he was of age to learn his trade -

In testimony whereof I have hereunto set

my hand and seal this 7' day of Oct. A.D. 1853.

Bartholomew Pettit {Seal}

Signed & acknowledged by said Bartholomew Pettit

as his last will and testament in our presence

& signed by us in his presence

Geo White

Wm. Williams

State of Ohio }

Del - Co - SS - } Probate Court - Oct 30" 1853.

Personally appeared William Williams

and George White who subscribed as witnesses

the last will and testament - of Bartholomew Pettit

dec' and being duly sworn in open Court depose

and say that the said Bartholomew Pettit at the

time of executing said will was of lawful age

of sound and disposing mind and memory and

not acting under any restraint as they verily

believe - That they subscribed the same as witnesses

in the presence and at the request of the testator

and in the presence of each other

Geo White

Wm Williams

Sworn to and subscribed before me the

day and year aforesaid

D - T - Fuller

Prob Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 205)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 205)

Description

[page 205]

[corresponds to page 153 of Will Book 3]

153

Last Will of John Kent deceased


Proceedings had before D. T. Fuller Probate Judge

in and for the County of Delaware at his office

in the town of Delaware - County aforesaid and

State of Ohio - on the 11" day of Nov. A.D. 1853.

Nov 7" 1853. The last will and Testament of John Kent late of

Concord in the County of Delaware dec" was this day

produced in open Court by Mr. Allen attorney for the

legaters in said will, and it appearing to the satisf-

-action of the Court G Swan and J. W. T. Claypole the

subscribing witnesses to said will reside out of

the jurisdiction of this Court at Columbus

Franklin County. It is ordered that a commission

issue with the said will annexed to take the

depositions of the said G. Swan who shall

execute the same according to the Statute in

such case made and provided.

D - T - Fuller Prob Judge

Nov 8" 1853 The commission heretofore issued from this

Court with the said will of the said John Kent

annexed to take the deposition of G Swan and

J. W. T. Claypole, the subscribing witnesses thereto

was this day produced in Court with the depos-

-ition of G Swan annexed one of the subscribing

witnesses to said will - And it appearing to the

satisfaction of the Court that J. W. T. Claypole reside

in Springfield Clark County, and out of the

jurisdiction of this Court it is ordered that

a commission issue with the will annexed

to take the deposition of J. W. T. Claypole touching

the the due execution of said will to be directed to

James L. Locbert who shall execute the same

according to the Statute in such case made

and provided -

D - T - Fuller Prob Judge.

Nov 18: 1853-The commission heretofore issued from

this Court with the said will of the said John

Kent annexed, to take the deposition of G Swan

and J. W. T. Claypole - the subscribing witnesses

thereto was this day produced in open Court

and it appearing to the satisfaction of the Court from

the depositions of said subscribing witnesses to said

will and filed with said will - that the said will

was duly attested and executed and that the said

testator at the time of executing the same - was

of full age and of sound mind and memory -

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 206)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 206)

Description

[page 206]

[corresponds to page 154 of Will Book 3]

154

and not under any restraint - it is ordered by

the Court that said will and testimony be recorded

D. T. Fuller Prob Judge


~ Will ~

In the Name of the Benevolent Father of all I

John Kent of the County of Union & State of Ohio

knowing the uncertainty of life and desirous of disposing

of my property do make and publish this my

last will and Testament - hereby revoking and

annuling all others heretofore made -

Item First ~ I give and bequeath unto my beloved

wife Margaret in case she survives me all my property

real - personal and mixed to have and to hold the same

that is the use thereof during her natural life - and in

case she survives me - after her death the same to be

divided - distributed and paid as follows and the

same shall be divided and distributed in the same

way in case she should die before me that is to say -

Item Second - If my said wife survives me immediately

after her death or in case she dies before me, as soon

after my death as money can be collected my executor here-

-inafter named shall pay unto my son James the

sum of one hundred and thirty six dollars. And

unto my son William the sum of Four hundred

dollars - and to my son Alexander the sum of

Three hundred and Eighty two dollars - These several

amounts to be paid by my executor to my said

sons severally over and above what I have heretofore

advanced them -

Item Third - My son David having had what I deem

his share, I give and bequeath him one dollars only

to be paid if I survive my said wife Margaret

immediately after my death - and should my

said wife Margaret survive me - immediately

after my said wifes death -

Item Fourth - all the rest and residue of my property

real - personal and mixed - wheresoever & whatsoever

after my said wifes death in case she should survive

me - and after my death in case my said wife

should die before me - I will and bequeath in equal

shares to Rosanna Taylor the wife of Samuel Taylor

to Sally Kent and Detilda Kent to have and to hold

to them the said Rosannna - Sally and Detilda their

heirs and assigns forever share and share alike

alike as aforesaid -

Lastly - I do hereby appoint Charles L. Arthur to be

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 207)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 207)

Description

[page 207]

[corresponds to page 155 of Will Book 3]

155

the Executor of this my last will and testament -

In testimony whereof I have hereunto set my hand

in the presence of the subscribing witnesses hereto atte-

-sting - this 16" day of June A.D. 1846. ----

his

John Kent X

mark

Signed and acknowledged to be

the last will and testament of the said

John Kent before us and in our presence

J. W. T. Claypole -

G Swan -

In presence of the annexed Dedimus on the eighth

day of Nov A-D- 1853. at the office of Gustavus Swan

in the City of Columbus - County of Franklin

Ohio - personally appeared before me Gustavus Swan

of lawful age - who being by me duly sworn depose

and says - as follows -

I am one of the subscribing witnesses to the

last will and Testament of John Kent deceased

now shown to me and hereto attached marked

(A) I saw the said John Kent sign said will

by making his mark thereto - the name of said

John Kent was written by myself for him to

attach his mark in his presence at his request

and said Kent made his said mark after I

had read over and made known to him the

contents of said will and in my presence. At

the time said John Kent executed said will

he was of full age and I believe of sound mind

and memory and under no restraint -

G Swan

The above testimony of the said Gustavus Swan

was then and there reduced to writing by me

and Sworn to and subscribed in my presence

In witness whereof I have on the same day

hereunto set my hand and seal

Joseph R. Swan

Commissioner {Seal}

In pursuance of the Dedimus hereto annexed on

the Eleventh day of November A.D. 1853, at the office

of James L. Claypole in the city of Springfield Clark

County Ohio, personally appeared before me James

T. Claypole of lawful age who being by me first duly

sworn, deposed and says as follows -

I am one of the subscribing witnesses to

the last will and testament of John Kent dec'

now shown to me and hereto attached, marked (B)

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 208)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 208)

Description

[page 208]

[corresponds to page 156 of Will Book 3]

156

I saw the said John Kent sign the same by making

his mark and attested said will in the presence

of said testator - at the time of the execution of

said will the said John Kent was of full age - of

sound - disposing mind and memory and under

no restraint as I verily believe to be true -

J. W. T. Claypole

The above testimony of the said James T Claypole

was then and there reduced to writing by me

and sworn to and subscribed in my presence

In testimony whereof I have hereunto set my

hand and seal the 11" day of November A-D- 1853.

James L. Torbert

Commissioner {Seal}

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 209)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 209)

Description

[page 209]

[corresponds to page 157 of Will Book 3]

157

Last Will of Elizabeth Edmondson dec'

The State of Ohio - Delaware County ss.

Proceedings had before D. L. Fuller Probate Judge in and

for said county and state aforesaid - at his office in

the town of Delaware Del. Co. O. on the 26" day of January

A.D. 1884.

An authenticated copy of the last will and

testament of Elizabeth Edmondson late of Milford in

the County of Charles City Virginia was this day produced

in Court by John Van Deman Esqr - Atty for the Segatus in

said will named. And is appearing to the Satisfaction

of the court that the said will has been proved in said

State of Virginia according to the laws of that State

and that said will has relation to property within

the said County of Delaware. Therefore on motion

it is ordered by the records of wills for

said County of Delaware.


~ Will ~

In the name of God amen - P Elizabeth Edmondson of

Milford in the County of Charles City Virginia considering

the uncertainty of human life and being at this time in

perfect health. do make and ordain this my last will

and testament.

In the first place as unworthy as I am I

resign my soul into the hands of its Creator humbly hop-

ing for its eternal happiness not from any works of

my own but through the infinites goodness of my most

gracious God and through the merits and intercession

of our most gracious Lord and Savior Jesus Christ.

I give to my dear husband John Edmundson all the

land that I possess during his life. I also give him the

stocks and horses, cattle, hogs, sheep and furniture forever.

The my dear mama worked I desire may be given

to my sister Sarah Harrison. I give to my dear husband

the following nigroes Fed. Abraham - Charles - Pompey

Holly - Jane. Aggy - Isaac, Beckey - Nivses to dispose of as he

may think proper.

To my brother Carter B. Harrison I give Henry his wife

Betty and their children forever to my sister Sarah Harrison

I give Patty and three children Molly - Tom and Patty. to my

brother Ben's son Ben I give George . to Willie and Beckin an

Coupland I give Loe. Sarah daughter of Polly I give to Billy

Randolph Harrison - my certificates that are in the hands

of my Brother Ben I desire may be given to my husband

to dispose of as he may think proper. I lend to my dear

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 210)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 210)

Description

[page 210]

[corresponds to page 158 of Will Book 3]

158

husband during his life my negro boy Isham - at his

death to return to my brother Ben's son Benjamin Harrison

at Mr Edmondsons death my will and desire is that my

brother Carter should have the house and land we now

live on - containing by estimation two hundred acres.

And that my brother William I. Harrison should have

the land stock Doctor Richman purchased of Tom Brown

I leave to my sister Ann Coupland my watch. I desire

to be burried by Mr. Richman and that the place may be

enclosed with a brick wall. This will written with

my own hand I sign and seal the 3rd day of May 1790.

Elizabeth Edmondson



Signed and sealed }
in the presence of~}



At a court held for Charles City County at the courthouse on

Thursday the twentieth day of January 1791.

The aforewritten last will of Elizabeth Edmondson deceased

was found to be written wholly by the deceased by the Oaths

of John Dunbar and John Calgino and ordered to be recorded.

And on the motion of John Edmonson who made oath

thereto according to lacy and together with Carter B. Harrison

his security entered into and acknowledged their Bond

In lacy directs - certificate is granted him for obtaining

letters of Administration on the estate of the said Elizabeth

with her said will annexed in due form.

Leste

Otway Byrd C.C.

A copy Leste

Edm = T. Christian Clk

State of Virginia }
Charles City County} towit=

I Edmund Thomas Christian Clerk of

the County Court of said County in the State of Virginia do

hereby certify that the foregoing is a true copy of the will of

Elizabeth Edmondson dec. as found upon the records of my

said office.

In testimony whereof I hereunto set my hand

and anlux the seal of the said Court at the
{Seal}
Courthouse this 12th day of January in the year

Eighteen hundred and fifty four

Edm @ T. Christian

Virginia }
Charles City County} towit= I John T. Stubblefield the presiding

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 211)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 211)

Description

[page 211]

[corresponds to page 159 of Will Book 3]

159

Justice for the County in the State aforesaid do hereby certify

that Edmund T. Christian who hath given the preceeding

certificate is clerk of the said Court and that this said attes-

=tation is in due form.

given under my hand this 12" day of January 1854.

John T. Stubblefield Ju Pea

Last Will of Anthony Newhouse deceased ~

Proceedings had in the Court of Common Pleas at the

Court house in the Town of Delaware - County of Delaware

and State of Ohio, before his honor Judge Bowen on the

27th day of Oct" A.D. 1851.

At a Court of Common Pleas held at the court

House at Delaware on the 27th day of Oct.. 1851 before Ozias

Bowen President and his associates ~

The following order was had and entered~ This


day the last will and testament of Anthony Newhouse

dec' was produced in court and proved by the

testimony of one of the subscribing witnesses thereto,

as reduced to writing. - And Albert Fickel Jr the

other witness thereto being since deceased. the Court

heard testimony of P.E. Buck Esqr. as to the signature

of said Rickes attached to said will, and as to the

fact of the decease of said Fickel. Whereupon the

court do order that said Proof be approved and

said will be admitted to record.

~ Will ~

In the name of God Amen. I Anthony Newhouse

of the Township of Scioto County of Delaware and

State of Ohio. being of sound mind and memory

but of advanced age and infirm body and knowing

the certainty of Death but the uncertainty of the

time thereof - do make and publish this my last

will and testament. in manner and form

following = towit: recommending my soul to God

from whom I received it. and my body to the

dust from where it came. but having a lively

hope of a glorious immortality beyond the grave

I will and dispose of my worldy goods - lands

and affairs as follows = towit =

~ Item = ~ After all my just and lawful debts
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 212)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 212)

Description

[page 212]

[corresponds to page 160 of Will Book 3]

160

are paid and all funeral and other itinerary

expenses are settled and paid. I will and devise

that my beloved wife Nancy Newhouse dwell and

remain in the mansion on my present farm

and where I now reside, and that she possess and

enjoy the rights and privileges of the same as her

own, together with one third of the profits, and

yearly income of the farm, on which I now reside

until her death.

Item - Whereas I have five sons now living

towit. William, John, Isaac, Elijah & Samuel.

I will and devise to my fourth son Elijah, the

fifty acres of land that I purchased of Lyne Starling

on the east end of my present farms, and also

the forth five acres, that I last purchased of

Henry Massie lying on the south side of my farm.

Item - I will and devise to my fifth son Samuel

the south part of my farm being the south part of the

first purchase I made of Henry Massie beginning at

a stake in the East line, of the said first tract. I

purchased of Henry Massie aforesaid. and in the

west line of the Lyne Starling lot, then as West, with

a string of fence to a stake about six rods, west of

the mansion house, thence south twenty rods to a

stake thence West to a stake in the west line of

my present farm - thence south with the west line

to the South west corner thence East to the South

East corner of said first purchase I made of

Henry Massie - thence north to the beginning inclu-

ding the mansion house, barn, and the South part

of my said first purchase etc.

Item I will and devise to my third son Isaac

the remainder of my old farm, beginning at the

North East corner of Samuel's tract thence with his

north line to the west line of said old farm. thence

North with the West line to the North West

corner thence East to the North East corner, thence

South to the beginning, to include the North part

of my said farm.

Item = I will and devise to my two oldest

Sons William and John each the sum of one

hundred and fifty dollars, to be paid in the

following manner "towit" that my three youngest

sons shall each pay the sum of one hundred dollars

to be divided in the following manner that

Isaac shall pay William one hundred Dollars.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 213)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 213)

Description

[page 213]

[corresponds to page 161 of Will Book 3]

161

and Elijah shall pay John one hundred dollars and

that Samuel shall pay to William and John each the

sum of fifty Dollars. to be paid in three years after

my decease.

Item = I will and devise to my second daughter

Elizabeth Reed the tract of land where her husband

Adanijah Reed, now resides during her natural

life, and after his death to pass to her oldest son

Anthony Reed. Agreeable to a deed heretofore made

and Executed by me, for that purpose to be considered

in full for her share of my estate.

Item = I will and devise to each of my other

four daughters. Sarah Richley, Polly Newhouse

Peggy Jackson and Ura Newhouse. the sum of fifty

dollars. making in all the sum of two hundred

dollars. to be paid by my three youngest sons.

Isaac, Ilijah and Samuel, in equal proportions

to be paid in three years after my decease. But

if my youngest daughter Ura should remain

single and live with and take care of her

mother while she lives - I will and devise

unto her an additional fifty dollars. to be

paid as above ~

Item = I will and devise that all the stock of

Horses - cattle - sheep and hogs. that may be on

the farm at my decease. remain entire on the

farm for the use and benefit of my said wife.

Nancy Newhouse, while she lives. and after her

death to be disposed of and the money arising

from the sale. to be divided among my sons &

daughters, share and share alike. but if at any

time there should be a surplus of stock on the

farm. more than is necessary and profitable to

keep - such surplus may be disposed of by my

Executors and the money arising from such

sales to be appropriated to paying off the aforesaid

legacies. however such surplus must rest in

the sound judgement and discretion of my

Executors to be hereafter named.

Item = I will and devise that if any of my

sons or daughters should die without lawful

issue - that this share shall be divided among my

remaining and surviving sons and daughters

share and share alike ~

Item = Lastly - it is my will and desire and I

hereby make it my last request that Hugh McGee

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 214)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 214)

Description

[page 214]

[corresponds to page 162 of Will Book 3]

162

and John Lenox Send both of the Towership of Scioto

County and State aforesaid, together with my wife

the aforesaid Nancy Newhouse, be the Executors

to execute this my last will and testament. in

conformity with the true intent and meaning

thereof.

In Witness whereof I have hereunto set my

hand and seal this 20th day of June in the year of

our Lord One thousand eight hundred and forty -

(1840)

Signed & Sealed } Anthony Newhouse {seal}
}
in the presence of }
}
James W. Crawford }
}
A Picket Jr }


The State of Ohio - Delaware County - SS.

Court of Common Please Act - term 1851

Personally appeared in open court Janes W. Crawford

who being duly sworn deposes and says that the paper

before him purporting to be the last will and

testament of Anthony Newhouse acknowledged

published and declared to be his last will and

testament in the presence of this deponet - that

the said deceased was of lawful age - that he was

of sound and disposing mind and memory.

and under no restraint as he verily believes - that

he subscribed the same as witness in the

presence and at the request of the testator. I

sworn to and subscribed James W. Crawford

in open court this 21st day of

October. A.D. 1851

G. W. Stark Clk


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 215)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 215)

Description

[page 215]

[corresponds to page 163 of Will Book 3]

163

Last will of Thomas Luke dec'

Proceedings had in the court of Probate of Delaware

County - Ohio. at the office of the Probate Judge in the town

of Delaware Del. Co. O on the 11" day of Feb" A.D. 1854

The last Will and testament of Thomas Luke late of the

County of Delaware was this day produced in open

court by Messrs Sweetsen and Rosette. Attorneys for the

legatees in the will named. and Ezra Griswold and

Benjamin Luke the subscribing witnesses to said

will. appeared in open court on oath testified to the

due execution of said will which testimony was

reduced to writing and by them respectively subs-

=cribed - and filed with said will. And it appearing

to the court by said testimony that said will was

duly attested and executed. and that the said

testator at the time of executing the same was

of full age of sound mind and memory and

not acting under any restraint. It is ordered

by the court that said will and testimony be

recorded.

~ Will ~

I Thomas Luke of Liberty Township Delaware County

and State of Ohio. being of sound mind and me-

mory do make and proclaim this my last will

and Testament~

First - It is my will and desire that all my

just debts be paid and discharged out of such

portion of my estate real or personal as may

be necessary for that purpose.

Secondly - I give and bequeath to my beloved

wife Lois Luke and to my daughter Sarah Luke all

the remainder of my estate both real and personal

(excepting only that portion thereof this day conveyed

by deed to my son Benjamin) for this maintainance

and support during their natural lives. and should

either decease before the other the survivor shall

enjoy the whole during her continuance in

life. and after her decease should there be any

portion thereof remaining - it is my will that it

be possessed and enjoyed equally by my two youn-

=gest sons. Thomas Luke and Henry Luke. and their

heirs forever.

Thomas Luke {Seal}

Signed - Sealed. Published and Declared

this 15" day of Oct - 1853. in presence of

E Griswold

Benjamin Luke

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 216)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 216)

Description

[page 216]

[corresponds to page 164 of Will Book 3]

164

The State of Ohio - Delaware County SS.

We Ezra Griswold and Benjamin Luke being duly

sworn according to laws in open court this 11th day

February A.D. 1853. depose and say that we were

present at the execution of the last will and

testament of Thomas Luke deceased. hereto annexed

that we saw the testator subscribed said will and

heard him publish and declare the same to be his

last will and testament - and that the said

testament was of full age and of sound mind

and memory. and not under any restraint.

and that we signed the same at his request

and in his presence.

E Griswold

Benjamin Luke

Subscribed before me

in open Court this 11th

day of February A.D. 1854

D.L. Fuller Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 217)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 217)

Description

[page 217]

[corresponds to page 165 of Will Book 3]

165

Transfer of Bk" Stock B Meeker to S. D. Flogg ~

I Benjamin Meeker of Lafayette Lippecanoe

County In. have this day sold and by these presents

do sell to Samuel D. Flogg of Buffalons New York in

consideration of Two hundred dollars in hand.

paid - The Bank Stock in one of the Ohio State

Banks amounting to Two hundred dollars as

described in the last will and testament of Forest

Meeker my father and which will & testament

is on record on the records of Delaware County

and State of Ohio. which Bank Stock is by the

said will and testament of my father - devised

to me on the death of my step mother now

living in Union County, Ohio. The said stock

being hereby by me transfered to said Samuel

D. Flogg of Buffalons N.Y. and the Bank is hereby

authorized on the death of my said Step mother

to transfer on the Books of said Bank to the

said Samuel D. Flogg

Witness my hand and Seal this 20th day of

January A.D. 1854

Attest Benjamin Meeker {Seal}

F.G. Warren

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 218)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 218)

Description

[page 218]

[corresponds to page 166 of Will Book 3]

166 Last Will of John Lennox deceased

Proceedings had in the Court of Probate in and

for the County of Delaware at the office of the Probate

Judge in the Town of Delaware Del. Co. Oh. on the 22nd

day of February A.D. 1854

The last will and testament of John Lennox

late of Delaware County dec' was this day produced

in Court by Richard Lennox in obedience to an

order of the Court made in this Cast I Margaret

Kyle William M. Warren and William McIntire the

subscribing witnesses thereto said will appeared

and in open court testified to the due execution

of said will which testimony was reduced to

writing and by them respecteively subscribed &

filed with said will. And it appearing to the

Court by said will testimony and that the said

testator at the time of exectuing the same. was

of full age of sound mind and memory and

not under any restraint it is ordered by the

Court at that said will and testimony be recorded.

Wherefore Wm M. Warren the executor in said will

named appeared in Court and signified his acc-

=eptance of the trust of executing said will. It

is therefore further ordered. that letters testa-

=mentary be issued to him. on his giving bonds

in the sum of $6000.00 with Richard Lennox

and H. W. Chambertain as sureties. conditioned

according to laws. The Court approving Jacob

Haskins, H.C. Kinney and Thomas Savender

appraisers of the personal estate of said Testator.

D. T. Fuller Prob" Judge.

Will

In the name of the Benevolent father of all men.

I John Lennox of the County of Delaware and

State of Ohio. being of sound mind and memory

and considering the uncertainty of this paid and

transitory life. do therefore make ordain. publish

and declare this to be my last will & testament

That is to say.


First - After all my lawful debts are

paid and discharged the residue of my estate

(being personal) I give bequeath and dispose of

as follows "towit"

To my son John T. Lenox the sum

of Twenty dollars. To my son Luke Lenox the

sum of three hundred and fifty dollars
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 219)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 219)

Description

[page 219]

[corresponds to page 167 of Will Book 3]

167

To my daughter Margaret R. Watson the sum of

Four Hundred dollars. To my daughter Susannah

Fagley the sum of Four hundred dollars. To my

daughter Mary Wilson the sum of Four hundred

dollars and my buggy and harness. To my son

Elijah N. Lenox my mare and bed and bedding.

I will - give & bequeath and devise all all the rest

residue and remainder of my estate to be divided

equally between my two sons Richard Lenox and

Elijah N. Lenox. share and share alike~

I will also to my son Luke Lenox a release

of his obligation on the article as bond for rent in

the hands of Joseph Mangans Esqr.

Likewise I make constitute and appoint Wm

M. Warrn to be Executor of this my last will and

testament hereby revoking all former wills by me

made - In Witness whereof I have herunto

subscribed my name and affixed my seal

this 15th January A.D. 1854

Attest John Lenox {Seal}
Wm McIntire signed by request
Margaret Kyle Wm McIntire

State of Ohio - Del. Co. SS.

Probate Court Feb 1854

Personally appeared in open Court the undersigned

Wm McIntire - Margaret Kyle and Wm M. Warren

who being duly sworn upon their oaths say that

the paper now here produced in Court - purpo-

rting to be the last will and testament of John

Lenox bearing date the 15th of January 1854, was

on the day of the date thereof in said County

declared and published by the said John Lenox

as his last will and testament. That he then &

there in the presence of these deponents signed

his name thereto as such.

that these deponents and then and there at his request

& in his presence and in the presence of each other

signed their names thereto as witnesses. that

the said John Lenox was at the time of the exec-

ution of said will of full age - of sound mind &

memory. and not under any restraint as they

verily believe.

Sworn to & subscribed } Wm M. Warren
}
in open Court this 24" day } Ma" Kyle
}
D. T. fuller Prob Judge } Wm McIntire

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 220)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 220)

Description

[page 220]

[corresponds to page 168 of Will Book 3]

168 Last Will of Evan Houghs dec'

Proceedings had in the Court of Probate in and

for the County of Delaware and State of Ohio. at

the office of the Probate Judge in the town of Delaw-

are Del. Co. O ~ on the 20th day of March A.D. 1854

The last will and testament of Evan Houghs late

of said County dec' was this day produced in

Court. by Missro Powell & Buck Attorneys for

Executors in said will named and David E.

Jones and David Cadwallader the subscribing

witnesses to said will appeared and in open

court on oath testified to the due execution of said

will which testimony was reduced to writing &

that said will was duly attested. & Executed &

that said testator at the time of executing the same

was of full age and of sound mind and memory

and not under any restraint. It is ordered by

the Court that said will and testimony be recorded

Wherefore Ann Houghs and Joseph Houghs executors

in said Will named appeared in Court I signed

this acceptance of the trust of executing said

will. it is therefore further ordered that letters

testamentary be issued to them upon their giving

bonds in the sum of $5000.00 with David E.

Jones and David Cadwallader as sureties.

conditioned according to laws the Court appoint

Robert Evans - John Humphrys & John James

appraisers of the personal property of said Testator.

D. T. Fuller

Probate Judge

~ Will ~

In view of my appproaching mortality and

with a firm reliance in the goodness of providence

I Evan Houghs of Radnor in Delaware County Ohio

do now make declare and publish the following

as my last will and testament. "towit"

1st I give and bequeath & devise to my beloved

wife Ann Houghs in lieu of Dower and during

his natural life the full one third of all my

property to be secured to her in the following

manner - she shall have as her own absolute

property all my household furniture and

wearing apparrel. During the life time of my

said wife I give the use of my farm on which

I now reside containing about 100 acres. to

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 221)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 221)

Description

[page 221]

[corresponds to page 169 of Will Book 3]

169

my son Joseph Houghs together with all the stock

farming utensils and personal property. thereon and

thereto belonging one third of the income and process

thereof the said Joseph shall give and account for

the same to my said wife during her life time.

he (said Joseph) shall also furnish to and for my

wife all necessary room - lodging - clothing and

attendance during her said life time at and in

my Dwelling house on the said farm so that

she shall be by him will and comfortably cared

for supporter and provided for.

2nd Subject to the payment of my just debts and

to the support and maintainence of my said

wife and subject to the gifts and bequests

herein after contained to my other children. I

give bequeath and devise unto my son Jospeh

Houghs my aforesaid farm. and all other property

both personal and real but the farm not to be

his own property until after the death of my

said wife. should it become desirable

during the life time of my said wife to sell

and convey the said farm. I will and consent

that my executors should do so. so that the

money and proceeds arising therefrom. be

securely put to interest. and the interest aris-

=ing therefrom paid to my wife during her life

time. and after her death such money and

property to be the absolute property of my s @

son Joseph.

3rd After the death of my wife it is my will &

bequest that there be paid out of my estate by my

Exectors - and to my other children in the following

manner. which sums and bequests shall be &

remain a charge on my farm until paid.

that is to say, to my daughter Mary Owens

the sum of Four hundred dollars ($400) to my

daughter Margaret Ann McJenkins the like sum

of Four hundred dollars. to my daughter Eliz-

abeth Houghs. the sum of four hundred and fifty

dollars. ($450) and to my daughter Sarah

Jane Houghs. the like sum of Four hundred &

fifty dollars ($450) all to be paid to them

respectively on their personal respresentations at

the death of my said wife by my executors.

And the same in the mean time to be and

remain a lien on my said farm.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 222)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 222)

Description

[page 222]

[corresponds to page 170 of Will Book 3]

170

4th I appoint and constitute my wife Ann

Houghs and my said son Joseph Houghs Executrix

and Executor of this my last will and testament.

It is also my will and desire that what house

hold furniture which may be left by my wife

at her death which now belongs to me. should

so go to and be equally divided between my

two youngest daughters, Sarah Ann and Elizabeth

Houghs as their own absolute property.

Made and published this 11th day of Jany" 1854.

his

signed & published by Evan X Houghs

said Evan Houghs as mark

his last will and testament in the presence of the

undersigned witnesses, who in his presence at

his request and in the presence of each other have

signed our names as witnesses hereto on the

day and year above written.

David E. Jones

David Cadwallader

State of Ohio - Delaware county SS.

Probate court Mch 20th 1854

Personally appeared David E. Jones and David

Cadwallader who being duly sworn in open court

despose and say that the paper before them purpor-

ting to be the last will of Evan Houghs deceased

was by the said Evan Houghs acknowledged published

and declared to be his last will and testament

in our presence. that said testator was at the

time of executing the same of lawful age of sound

mind and memory and under no restraint as

they verily believe and further that we signed

the same as witnesses thereby in the presence

and at the request of the testator and in the

presence of each other.

David E. Jones

David Cadwallader

Sworn to and Subscribed in open court

the day and year above written.

D.T. Fuller

Probate Judge.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 223)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 223)

Description

[page 223]

[corresponds to page 171 of Will Book 3]


Last Will of John W. Warden deceased ~ 171









State of Ohio - Knox County SS.

I Samuel F. Gilcrest Judge of the Court of Probate in

and for said County hereby certify that in the records

of Wills in my office the following had thereon "towit"

The State of Ohio - Knox County SS.

Be it remembered that heretofore "towit" at a Court

of Common Pleas holden on the before the Honorable

Jacob Parker President Judge and William C. Davis

William Rivers and Isaac N. Richardson associate

Judges of said Court on the 4th day of Nov A.D. one

thousand Eight hundred and forty two. Be it rem-

emebered that on this day the last will & testament

of John W. Warden dec'd was produced in Court and

Elliott C. Vose and George Winne the subscribing

witnesses thereto being in open court duly sworn

and interrogated depose and say that they saw the

said deceased sign the said will and heard him

acknowledge the same to be his last will and

testament and that in the presence and at the

express direction of the testator they signed the

same as witnesses and the said witnesses


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 224)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 224)

Description

[page 224]

[corresponds to page 172 of Will Book 3]

172

being further interrogated depose and say that the

said testator at the time of signing said will was

of sound mind and memory of full age and

not under any restraint to the best of their belief.

Whereupon is appearing to the court that said will

was only executed - and the proof aforesaid being

reduced to writing. It is ordered that letters

testamentary issue to Alexander Elliott & Samuel

P. Warden the Executors in said will names.

Upon their entering into Bonds in the sum of

Twenty thousand dollars with Daniel S. Norton

and Samuel Elliott who are approved of as

Bail. And it is further ordered that Jacob Weaver

Wm E. Davidson and E. G. Woodward appraise the

personal Estate of said decd And it is further ordered

that the clerk record said will and the proof above

taken - which said will and proof reads in the

words and figures following "towit"

~ Will ~

I John W. Warden of Knox County Ohio do make

and publish this my last will and testament ~

I give and devise all my Estate both real and

personal / not hereinafter otherwise disposes of, to

Alexander Elliott and Samuel P. Warden of Knox

County, Ohio and the survivor of them for the

use and purpose hereinafter specified and I do

hereby appoint Alexander Elliott & Samuel P. Warden

and the survivor of them my executors to carry into

effect this my last will. I ordain and direct that

my debts be first paid and that my executors

collect all the debts due to me. and at such time

and in such manner as they may deem proper to

sell and by deed or deeds to convey any or all of my

Real Estate (not specially by this will devised,

whether held by equitable or legal title. and Thereby

authorize my Executors and the survivor of them to

make and execute deeds of conveyance for and

to all and every person to whom I have sold land

on their presentation of the title Bonds by which

they hold the same and paying to my executors

the Balances which may remain unpaid. The farm

in Wayne Township - Knox County - Ohio - on which

Thomas Prather now resides. I give and devise as

follows to the said Thomas Prather and Rachael

his wife for and during this natural live.

Yet the bequeath to the said Thomas on this
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 225)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 225)

Description

[page 225]

[corresponds to page 173 of Will Book 3]

173

express condition that he shall in no way whatever

sell, dispose of or incumber any interest in said land.

nor shall the proceeds arising thereout or the said

land become in any way subject to any debts or

contracts of the said Thomas. wither directly or

indirectly - but the rents and projects should be

applied solely for the support of his family, and for no

other purpose. On the death of the said Thomas and

Rachael the Estate shall rest in fee simple in the

children of the said Thomas which he may have by

the said Rachal to them their heirs and assign

forever. subject however to a lien on said lands.

in favor of my estate of Two hundred dollars with

interest from the 1st day of September A.D. 1833. with

the amount of taxes and interest thereon which

I have yearly and every year paid on said land

and which may be herafter paid by myself

or my Executor. I give and devise to Delilah

Engle the farm which I bought of Andrew Walker

for and during her natural life the remainder

after her decease I give and devise to her son

Clarence to him his heirs and assigns forever.

I also give and devise to Clarence the farm

in which Tomas Ellwell now resides in Howard

Township Knox County Ohio. to him his heirs &

assigns forever. I also give and devise to the said

Clarence all my interest in the land and mill

property both real and personal which I own

in Howard Towsnship - Knox County Ohio together

with all my seperate stock of horses, sheep and

cattle. which are on the farm. which I have above

devised to his mother. And I hereby appoint

Alexander Elliott as Guardian and trustee of

the person and property of the said Clarence

above described and requiring the said Alex-

=ander Elliott to cause the said Clarence to

receive a thorough and liberal college edu-

cation to be defrayed alot of the proceeds of the

property herby devised to the said Clarence

I further direct that the personal property which

I may have on said farm. above devised to

Delilah Engle and which is not devised to

her son Clarence shall belong to said Delilah

absolutely and that she retain the use and

control of the personal property on said farm

which is above devised to her son Clarence.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 226)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 226)

Description

[page 226]

[corresponds to page 174 of Will Book 3]

174

as long as she remain in the custody and care

of her said son and at any time to dispose of

any or all part of said property the same for

the support of herself and said Clarence. I further

direct that the sum of Five hundred dollars be

paid out of my Estate to the Ohio life and trust

Company to extinguish a mortgage on said farm

which I bought of Andrew Walker and which

incumberence was given by said Walker and

my Executors shall pay the interest on the same

until said mortgage is discharged. should the

said Clarence however die before he arrives at

the age of Twenty years. then the whole of the property

above devised to him shall go to and form a part

of the remaining Bulk of my estate to be disposed

of by my Executors as hereinafter directed and upon

his death if before the age of Twenty one years my

Executors shall pay to his mother the sum of

Eight hundred dollars, if she be then living.

All and every the remainder of my property both

real and personal (not above devisted) said Executors

shall distribute as the proceeds thereof. among my

sisters. Mary - Rachael and Ellen. and my brothers

Henry and Samuel. The said Samuel and Henry

first bringing into Hatch part or accounting for

the share which I heretofore conveyed to them in

the Mill property in Howard Township aforesaid.

share and share alike ~

In testimony whereof I have written this with

my own hand and hereunto set my seal this 4th

day of August A.D. 1841

John W. Warden {seal}

Signed, sealed and delivered

to be the last will and testament of the said

Testator and Executed in our presence

Elliott C. Vose

George Winne

Court of Common Pleas Knox Co. Ohio

Act" term A.D. 1842

Be it remembered that in this day the last will and

testament of John W. Warden dec'd was produced in

open Court and Elliott C. Vose & George Winne

the subscribing witnesses thereto being in open court

duly sworn and interrogated depose and say

that they saw the said John W. Warden dec'd sign

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 227)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 227)

Description

[page 227]

[corresponds to page 175 of Will Book 3]

175

the said Will and heard him acknowledge the same

to be his last will and testament and that in the presence

and at the express direction of the testator they signed

the same as witnesses and the said witnesses being

further interrogated state that the said testator at

the time of signing the said will was of sound mind

and memory - of full age and not under any restraint

to the best of their knowledge and belief.

Elliott C. Vose

George Winne

State of Ohio - Knox County SS.

I Samuel F. Gilcrest Judge of said Probate

Court hereby certify the foregoing to be a correct

copy of the last will and testament of John W. Warden

dec'd and the proceedings had thereon us form &

recorded in my office.

In witness whereof I have heron to set

{seal} my name and affixed the seal of said

court at Mt Vernon this 11" day of Mch

A.D. 1854

Samuel F. Gilcrest

Probate Judge, K.C.O
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 228)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 228)

Description

[page 228]

[corresponds to page 176 of Will Book 3]

176 Last Will of John Canady






Will

In the name of the supreme Father of the Uni-

verse I John Canady of the County of Delaware

State of Ohio being of sound mind but feeble

health do make this my last will & testament.

Item - I give and bequeath unto my present

wife Bethsheba one promissory note signed by

John Elmore calling for Two hundred and twenty

two dollars dated May 12 A.D. 1853 also two

promissory notes signed by Wm G. Mc Farlin

each calling for Fifty dollars and dated March

7" 1854. Also so much of the notes that I

hold against Albert Links as may be necessary

to finish paying for the farm on which I now

reside "viz" three hundred dollars with interest

that may be due. which money must be appro-

=priated to the purpose above stated. Also all

my horses, one buggy and harness. all my

cattle - hogs and sheep and all my other articles of personal

property in my possession excepting other

promissory notes - Also I grant his exclusion

prossession of the farm on which I now reside

to hold the same with the appurtenances during

her life time. & at her decease the said farm

descend to my sone James K. Polk

Item - I will that all my children now living
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 229)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 229)

Description

[page 229]

[corresponds to page 177 of Will Book 3]

177

except the above named James K. Polk & Joseph

shall have all the money that may be due to me

as my death except the claims and parts of claims

granted to my wife.

Item - I will that my real estate in the town

of Millville - Ohio shall be rented for four years

from and after my decease and that my wife

shall draw the proceeds of said rent at the end

of that time it shall be sold and the proceeds

divided as follows my daughters Henriette

and Sophrina shall each have one hundred

dollars. my son John shall have fifty dollars.

my son Robert one hundred dollars. my

daughters Susan. Sally Jane Caroline & Judy Ann

shall be divided among the eight children

above named but in no case shall the two

first receive less than one hundred each.

Item. I give and bequeath to my two daughters

Henrietta and Sophrina jointly my real

estate in Pharmstring Ohio"

Item - I will that my personal debts shall

be paid out of any money that may belong

or owing to me except the claims willed

to my wife. I will that the farm on

which I now reside shall descend to my

son James K. Polk as before mentioned ~

on the conditions that he properly maintains

my disabled son Joseph during his life time,

I appoint Miller Warren of Millville Ohio the

executor of this my last will and testament and

enjoin upon him to put a new roof on my

dwelling house in Millville before offering the

same for sale the expense to be discharged out

of the proceeds of the rent. In testimony

whereof I have hereunto affixed my hand and seal

this 24th day of April A.D. 1854

John Canady {seal}

In presence of

B. F. McMillan

Wm W. Decker

The State of Ohio - Delaware County SS.

We B.F. McMillan and Wm W. Decker being duly

sworn in open curt this 6" day of May A.D. 1852

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 230)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 230)

Description

[page 230]

[corresponds to page 178 of Will Book 3]

178

depose and say that we were present at the

execution of the last will and testament of

John Canady hereto announced that we saw

the said testator subscribe said will & heard

him publish and declare the same to be his

last will and testament and that the said

testator at the executing of the same was of

full age and of sound mind and memory

and not under any restrains and that

we signed the same as witnesses at his

request and in his presence and in the

presence of each other.

B.F. McMillen

Sworn to and subscribed this 6" day of

May 1884. D. L. Fuller Prob - Judge

Sworn to and subscribed before me

this 12th of May 1884.

D. L. Fuller Prob - Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 231)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 231)

Description

[page 231]

[corresponds to page 179 of Will Book 3]

179

Last Will of Frederick Zeigler dec'd

Proceedings had before D. L. Fuller Probate Judge

in and for the County of Delaware Del. County

Ohio on the 27 Day of May A.D. 1854

The Last will and testament of Frederick

Zeigler dec'd was this day produced in open

court together with a codicil to said will

by Messrs Sweetser and Rosette Attorneys for

Executors in said will named & James A Barnes

and Currence Barnes and Charles Sweetser

and John Van Deman the subscribing witnesses

to said will & codicil appeared and upon

oath testified to the due execution of said

will and codicil and which testimony was

reduced to writing and by them respectively

subscribed and filed with said will & codicil

And is appearing to the court by said testimony

that said will and codicil was duly attested

and executed and that sid testator at the time

of Executing the same was of full age and of

sound mind and memory and not under

any restraint. It is ordered by the court that

said will and codicil and testimony be

recorded. Whereupon Jonathan Zeigler and

Renben Zeigler the Executors in said will

named appeared in court and signified this

acceptance of the trust of executing said

will and codicil. It is terefore further

ordered that letters testamentary be issued

then upon this giving Bonds in the sum

of $6000.00 with Nathan Williams & John F

Latimer as sureties conditioned according

to law. The court appoint Wm D. Hecin

Ashael Welch and Ficton D. Hillyes appraisers

of the personal property of said Testator.

D. L. Fuller Probate Judge

In the house of God - Amen:

I Frederick Zeigler of the County of Delaware

State of Ohio - being now in good health of body and

of sound & disposing mind and memory do hereby

make and publish this my last will and testament

as follows:

1st It is my will that at my decease my executors

hereinafter appointed within a reasonable time pay

all my unpaid expenses of funeral charges.

2nd I give and bequeath unto my beloved wife

Maria Zeigler in Lieu of his Dower at Common

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 232)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 232)

Description

[page 232]

[corresponds to page 180 of Will Book 3]

180

Law in my Estate his support and maintainance

in sickness and in health. And I hereby strictly

enjoin upon my Executors to see that she is well

supported and furnished with every necessary

comfort & that under all circumstances she be

well attended and furnished with the best nurses

and Physicians when feeble or sick. The expenses

insured for so doing to be paid out of the fund

hereinafter provided. Said Maria is to have

the night to accupy my house on my estate

and to keep as much of my household furn-

iture as she wishes and to keep one or two

cows to be kept and attended to by my Executors

and the expenses defrayed out of the fund set

apart for her support during her natural life

in case said Maria does not choose to reside

with either of my sons then my Exectors are to

provide for her a suitable place elsewhere ~

3rd On the 17 day of August A.D. 1841. I deeded in

fee simple to my son Jonathan Zeigler the

farm he now occupies containing one hundred

acres valued at Twenty Five Hundred & fifty dollars.

One thousand dollars out of said valuation. I hereby

give and bequeath to my said son Jonathan

as an advancement out of my estate said Jonathan

has paid me at different times heretofore. Six

hundred and forty Dollars on said farm

which sum with the thousand Dollars adva-

-ncement leaves a balance due from him of nine

hundred and ten dollars for which said sum

the said Jonathan has given me his note dated

Aug 17, 1840 to be paid one hundred dollars

annually. Commencing April 1, 1862, and by

agreement said Jonathan is not to sell said

farm during my life time without my consent

and said sum of nine hundred and ten dollars

is to be an equitable lieu upon said farm.

4th I did also on said 17 day of Aug 1841 deed

to my son Feuben Zeigler the Farm he now

occupies containing one hundred acres ~

valued at Twenty five hundred and fifty Dollars

out of said sum I give and bequeath to my

said son Reuben one thousand Dollars as an

advancement out of my Estate. Said Reuben

has paid me at different times heretofore

the sum of Four hundred and fifty one dollars.


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 233)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 233)

Description

[page 233]

[corresponds to page 181 of Will Book 3]

181

on said farm which now with the one thousand

dollars advancement leaves a balance due me of

one thousand and ninety nine dollars for payment

of which sum the said Reuben gave me his note

dated Aug 17, 1841 payable in installments of one

hundred dollars annually commencing April

1st 1862, and by agreement said Reuben is not to

sell said farm during my life without my consent

and said note for balance due is to be an equitable

lien upon said Farm until paid.

5th I also on the third day of March A.D. 1849 deeded

to said Charles Sell the husband of my daughter

Sophia the farm on which he now resides. Con-

taining ninety seven acres valued at $2625.00 out

of said sum I give and bequeath to my said

daughter Sophia of her gusband Charles Sell one

thousand dollars as an advancement out of

my estate said Charles Sell has paid me in

all the sum of $200.00 upon said Farm which

sum with the one thousand Dollars advancement

leaves a balance due me of $1224.00 for the payment

of which sum the said Charles Sell gave me his

note dated March 5th 1849, and payable by

annual installments of $100.00 commencing

on the date of the day thereof and by agreement

the said Charles Sell is not to sell said farm

during my life time without my consent

and said sum of $1224.00 is to be paid on

equitable lien upon said farm until paid.

6th It is my will and I do so direct that my

Executors sell at private sale the residence of

my personal property that may be left after

my said wife has selected what she wishes

to retain and also all the real estate not other

wise disposed of at my decease in such

quantities and at such prices as in the

judgement of any Executors the same may be worth

and after paying my debts expenses of lost

sickness etc. that the money arising therefrom

and all other monies in their hands be placed

at interest well secured either by personal or real

Estate security and the interest and so much of the

principal as may be necessary be applied to

the discharge of the expenses incident to the

maintainance of my wife as herein before

specified and after his death the balance of
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 234)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 234)

Description

[page 234]

[corresponds to page 182 of Will Book 3]

182

the fund arising from the sales of the personal

and real Estate as well as the amount due from

Jonathan Reuben & Charles Sell be divided among

my daughters and their children as herinafter

provided.

7th I will and bequeath to my daughter Mary Kruck

the one fourth part of the fund that is in the hands of

my Executors at the decease of my wife to be paid to her

or her heirs and legal representatives within a reas-

onable time by Executors

8" I give and bequeath unto the children of my

daughter Harriet Heller the one fourth part of the

fund that is in the hands of my Executors at the decease

of my wife to be paid to them on their legal Guardian

for this use within a reasonable time. Said

Bequest to be held & kept entirely for the use an

benefit of all the children of my said daughter.

Harriet equally unless my said daughter should

need some past thereof for her actual support in

which case my execturos will see that his wants

are supplied out of the interest or principal of

said Bequest.

9" I give and bequeath to the daughter of my deceased

daughter Matilda Stimmel, Liz & Joshua Stickle

and Isaac Stimmel one fourth part of the fund

in the hands of my Executor at the death of my wife

to be paid to them or their heirs and legal repre-

sentatives within a reasonal time providing that if

each should die before this legacy is paid with

out children that the survivors shall have the

above legacy and in case both should without

issue then the legacy to go to the common fund

in the hands of my executors and be divided as

herein after provided for ~

10" I give and bequeath to the children of my

deceased daughter Sarah Wovtring Liz: Hennebtha

Sophia Wovtring and Mariah Wovtring one fourth

part of the fund that is in the hands of the

Executors at the death of my wife to be paid to them

or their hiers or legal respresentatives provided

that if either of them should die with children

before the legacy is paid. the survivors shall have

the whole legacy but should both die without

issue then said legacy is to go to the common

fund to be provided and divided as hereinafter

mentioned.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 235)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 235)

Description

[page 235]

[corresponds to page 183 of Will Book 3]

183

11" In asmuch as Benjamin Leiby the husband of

my deceased daughter Anna has shown himself

unworthy my confidence and has abused and

perplexed me by vexations law-suits and has

put me to great trouble and expenses I cannot

in justice to myself take from my other children

and give to his, I therefore limit the amount

to his children to ten Dollars each towit. I

give and bequeath to Benj Leiby is Sally Ann

Leiby - Jacob Leiby and Lucy Ann Leiby each ten

Dollars and in case of the death of either before

the legacy is paid the sum of Forty Dollars is to

be divided equally between the survivors or Sur-

vivors which said sum is to be paid after the

decease of my wife as in the other legacies.

12" It is my will and I do so direct that in case

the amount in the hands of my executors arising from

all the various sources above mentioned at the

decease of my wife should exceed the sum of Four

thousand and forty Dollars the amount of my

specific bequests that the excess be equally divided

among all my children their heirs and legal

representatives excepting and baring the children

of Benjamin Leiby the personal property retained

by my wife & all my assets to be included in

the said division ~ ______________________________________

Lastly ~

I do hereby constitute and appoint my two sons

Jonathan and Reuben Zeigler Executors of this

my last will and testament hereby annulling

and revoking all former wills and ratifying this

as my last will and testament and hereby fix

the amount to be charged by my Exect for the

services to be performed by them for the discharges

of their Executive duties at the sum of one Dollar

per day for each for all time spent in doing the bus-

=iness and any resonable sum for attys fees in

the settlement of my Estate in addition thereto~

In testimony whereof I have hereunto set my

hand and seal this 27 day of Jany" A.D. 1852.

Federick Zeigler {Seal}

Signed, sealed, published, & declared by me as my last

will and testament in the presence of James A. Barnes

& Currence B. Barnes whom I have requested to sign

the same as witnesses on the day and year last

above written James A. Barnes }
Currence B. Barnes}


Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 236)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 236)

Description

[page 236]

[corresponds to page 184 of Will Book 3]

184

The State of Ohio Delaware County SS.

Personally appeared in open court James A. Barnes and

Currence Barnes who made solemn oath that on the

27 day of Jany 1852, they were called upon by Frederick

Zeigler to witness his last will and testament now

produced of that date.

The said Frederick Zeigler was at the time of sound

and disposing mind and memory and not under

any restraint he signed said will in our presence

and acknowledged the same to be his last will &

testament and requested us to witness the same

as such and we signed our names as witnesses

in the presence of the Testator and in the presence

of each other~

Currence Barnes
Sworn to & Subscribed James A. Barnes

before me in open court

this 27 day of May 1854
D. L. Fuller, Prob. Judge

Codicil~Be it known that on this 21st day of March 1854 Frederick

Zeigler being anxious to arrange his worldly affairs

in according with his motions of right and being of

sound mind and memory. Herby makes the following

modification of his will made on the 27 day of

January 1852 by way of codicil.

1st In relation to the bequest made for the benefit

of Harriet Heller and for her made the bequest

as in my said will specified to my Executive

in trust for the benefit of my said daughter as

far as in their Judgement she needs they must

appropriate to her use and I hereby create of my

said Executors. Testamentary Guardians for the

children. for the children of said Harriet Heller

to control and invest this monies and apply

the same as they need. This modification is not

intended to control the amount of the original

bequest, but simply to make plain its appli-

-ation - first for the benefit of said Harriet Heller

and 2" to create suitable persons to control the

estate for her children after my daughter has

been taken care of.

2" In my said will I have given to the children of

my deceased Daughter Matilda Stimmel towit"

Joshua Stickle & Isaac Stimmel and to the

children of my dec'd daughter Sarah Wovtring
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 237)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 237)

Description

[page 237]

[corresponds to page 185 of Will Book 3]

185

"towit" Harriet Sophia Wovtring and Maria Wovtring

on fourth of any personal Estate after the death of

my wife and in pro rata portion of all amount

above four Thousand dollars of the residence may

fix the bequest to each of the children of my

deceased daughter above named to Five hundred

dollars each and hereby revoke so much of my

said will as is in conflict with this limitation

and the sum of four two hundred to each of the said

four Grandchildren is to be paid by my Executors

as they may need in this minority and when

they arrive at majority or as soon thereafter

as is may be convenience for my Executors the amt.

due each may be paid. I hereby appoint my

Executor Testamentary Guardians for my said

Grandchildren in order that they may take

care of the amount hereby bequeathed to them

and put it to the best use. the sum of Two

hundred to each to be all I intend to give

them out of my Estate.

In consequence of the death of my wife so

much of my said will as relate to her is

now revoked but let it stand as the evidence

of my intentions and care for temporal wants

while living~

I make this codicil to my will of Jany 27" 1852

hereby revoking all parts and portion of my 2"

will which may be in conflict herewithin

And I hereby call upon my friends Charles Sw-

eetser and John Van Deman Esquires to witness

this my last will and testament ~ In testimony

whereof I have hereunto set my hand and seal

this day and year first above written ~

Frederick Zeigler {Seal}

Signed, sealed, published

and declared by me as codicil to my last will

and testament - in presence of Chales Sweetser &

John Van Deman.

The State of Ohio, Delaware County SS.

Personally appeared in open Court Charles Sweetser

and John Van Deman who made solemn oath

That they were called upon on the 21st day of

March 1854 by Frederick Zeigler to witness a

codicil to his last will and testment which

was a modification of his will made on

the 27" day of January 1852. That said testator

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 238)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 238)

Description

[page 238]

[corresponds to page 186 of Will Book 3]

186

was of sound and disposing mind and memory

and not under any restraint that he signed

and sealed the said codicil now produced in

our presence and requested us to witness the

same. we witnessed the same in the presence

of the testator ~ and in the presence of each other.

And we further state that said Frederick Zeigler

died testate on or about the 21st of May 1854 as

we verily believe~

Charles Sweetser

Sworn to and John D. Van Deman

subscribed in open court

this 24 day of May 1854

D. L. Fuller Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 239)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 239)

Description

[page 239]

[corresponds to labeled page 187 of Will Book 3]

187

Last will of James Jones Deceased


Proceedings had before the Probate Court of Delaware

County Ohio on the 29th day of May A.D. 1854 - Present

D.L. Fuller Judge of said Court _

The last will and testament of James Jones

late of Berkshire Tp in Delaware County Ohio was this day

produced in court and B. Newbury. William Beddow

and H. Hodgden the subscribing witnesses to said will

appeared and in open Court on oath testified to the due ex=

=ecution of said will, which testimony was reduced to

writing and by them respectively subscribed and filed

with said will, And it appearing to the Court by said testi=

=mony, that said will was duly attested and executed, and

that the said testator at the time of executing the same was

of full age and of sound mind and memory and not

under any restraint, it is ordered that said will and

testimony be recorded - as follows, to wit;

In the name of the Benevolent Father of all:

I James Jones being of feeble health, but of sound mind

do make and publish this my last will and testament

Item 1st After paying all just debts and legal charges I give

and bequeath to my beloved wife Jane Jones as follows:

The dwelling House other buildings where I now reside

in Berkshire Township, being the south part of Lot No. two

second tier of Lots in Section two Township four Range

Seventeen U.S.M.L. commencing at the road commonly

called Berkshire Street - thence extending West to the North

West corner of part of said lot sold to David Prince declared

and now owned by Joseph Prince - thence due North

to H.A. Fuller's South line. Also the use of the South

West corner field containing about twelve acres of a

tract I own in said Section being the west part of lot No.

one in the first tier of lots. The use and control of these

two tracts she is to have during her natural life.

Item 2 I give and bequeath to my son John Jones all of the

above named first tract, which I own that is not devised

to my said wife. which tract hereby devised is situated

west of that part devised to my wife for her use and

benefit forever.

Item 3 I give and bequeath to my son George Jones

the balance of said lot No. one in the first tier of lots

on said section two that is not devised to my said

wife to have and to hold for his own use and benefit

forever, as Charles Pike lives on said lot and occupies

a house and about one half acre of land which he is

to have the peacable possession of force of rent but

when that is surrended to my said son George

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 240)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 240)

Description

[page 240]

[corresponds to labeled page 188 of Will Book 3]

188

he George is to pay said Charles Pike Two Hun-

=dred dollars; after the decease of my said wife the

part of said Lot occupied by her it is my will that my

son George shall have the same as the balance that is now

bequeathed to him, ie he is to have the whole tract, which

is about fifty nine acres.

Item 4th After the decease of my said wife the homestead

which is bequeathed to her in Lot No two in the second

tier in said Section I give and bequeath to my said son

John Jones - I also give and bequeath to my said son

John a team of horses & harness

Item 5th It is my will that a full and sufficient of

personal property be given to my said wife for her use

and benefit to make her comfortable in all neuencies.

Item 6th My two sons George and John are to contribute

equally for the comforable support of said wife during

her natural life, according to her age and necessities to

furnish medical aid and monies when necessary

- this last item I wish construed liberally for the com=

=fort of and convenience of my said wife The barn &

barn yard and sheds my son John to have the use

and control of, he to furnish my wife with stable

room for one horse, and room in the guest yard for her

stock, and room convenient for her fodder - Also

the same privilege for Alice Jones Stock

In testimony whereof I have hereunto set my name & seal

this 13th day of May 1854 James Jones {sealed}

Signed & sealed and acknowledged by said James Jones

as his last will and testament in our presence and

signed by us in his presence Henry Hodgden B. Newbury

William Beddow

The State of Ohio Delaware County : We Benjamin Newbury Henry

Hodgden & William Beddow being duly sworn in open Court

this 29th day of May A.D. 1854, depose and say that we were present

at the execution of the last will and testament of James Jones here-

=unto annexed - that we saw the said Testator subscribe said will and

heard him declare the same to be his last will & testament, and that

the said Testator at the time of executing the same, was of full age

and of sound mind and memory & not under any restraint &

that we signed the same as witness at his request and in his presence

sworn to & subscribed before } B. Newbury

on this 29th day of May A.D. } William Beddow

1854 } Henry Hodgden

D.L. Fuller

Prob. Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 241)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 241)

Description

[page 241]

[corresponds to labeled page 189 of Will Book 3]


WILL RECORD VOL. 3

Last Will of John B. Lawrence Dec'd 189


Proceedings had before the Probate Court of Delaw-

=are County Ohio on the 5th day of July A.D. 1854.

Present D.L. Fuller Judge of said Court.


An authenticated Copy of the last will and testa=

=ment of John B. Lawrence late of New York in the

County & State of New York, was this day produced

in Court; And it appearing to the satisfaction of

the Court, that the said will has been proved in said

State of New York, according to the laws of said state,

And that said will has relation to property within

the said County of Delaware, therfore on motion

it is ordered by the Court, that the said authenticated

copy thereof be recorded in the records of wills for

said County of Delaware - as follows to wit:

At a Surrogate Court held in and for the County

of New York at the Surrogates Office in the City of New =

=York on the Eighth day of November in the year one

thousand Eight hundred and forty four - Present Ch=

=arles McLean Esquire Surrogate. In the matter of

proving the last will and testament of John B Lawer=

=ence deceased. County of New York p: Be it unim=

=bised that heretof are upon due application for that pur=

=pose to the Surrogate of said County a citation sworn duly

opened in this matter which citation and the proofs

of service thereof were afterwards returned to said Surrogate

and which said citation and proofs of service are as

follows: - The people of the State of New York by the Grace

of God free and Independent to George N Lawrence, Alf=

=red W. Lawrence, Thomas W. Lawrence, John B. Lawrence

and William Ripley the special Guardian of Edward W.

Lawrence and Frederick W. Lawrence minors residing

in the City of New York the heirs and next of kin of John

B. Lawrence deceased, send Greeting - Whereas Newbold

Lawrence of the City of New York has lately applied to

our Surragate of the County of New York to have a certin

Instrument in writing bearing date the Nineteenth day

of April in the year 1843 relating to both real and personal

Estate duly proposed as the last will and testament with

a codicil of John B. Lawrence late of the City of New York

deceased, Therefore you and each of you are cited and

required personally to be and appear before our said

surrogate at his office in the City of New York on the twenty

nineth day of Oct. instant at ten o'clock in the fore=

noon of that day then & there to the Probate

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 242)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 242)

Description

[page 242]

[corresponds to labeled page 190 of Will Book 3]

190

of the said Last Will and Testament & Codicil - In

Testimony whereof the Surrogate of said County has

hereunto affixed his seal of Office the nineteenth of day

of October in the year our Lord One thousand eight hun=

=dred and forty four and of our Independence the sixty

nineth - Charles McNean Surrogate SS

City and County of New York s. James H. Brady of said

City and County being duly sworn both depose and say

that on the nineteenth day of October 1844 he served the fore=

=going citation on William Ripley the Special Guardian thereas

named by delivering him personally a copy thereof, and on Alfred

W Lawrence Thomas M Lawrence and John B. Lawrence

by delivering a copy thereof for each of them, at their residence

to a person of suitable age and discretion, at the same

time showing each of the above names the foregoing original

signed by the Surrogate and impressed with the seal of

this court Jas H. Brady

Sworn this twenty first day of October 1844 before me

Charles McNean - and thereupon the last will and

testament of the said John B. Lawrenence deceased and the

proofs thereof were produced as follows:

I John B. Lawrence of the City of New York formerly Dru=

ggist being at present in the enjoyment of my usual health

and of a sound disposing mind memory and understanding

but conscious of the uncertainty of human life, and being

decisions of making a suitable and proper disposition of

all such property and Estate as I may leave behind me

have thought proper to make accurate and publish and I

now do in and by these present make execute and publish

my last will and testament as follows that is to say: First

I order and direct all my just debts funeral and testamentary

charges to be paid as soon after my decease as can be conv=

=eniently done. Second I do hereby revoke and disallow

every other and former will Testament or codicil by

me at any time heretofore made executed or published

Third I do hereby nominate, constitute and appoint my

five sons that is to say George N. Lawrence Newbold Law=

=rence Alfred W. Lawrence John B. Lawrence Junior

and Thomas W. Lawrence and the survivors and last

survivor of them the executors and executor of this my last

will and testament. Fourth I do hereby give and bequeath

to my two youngest sons the said John B. Lawrence Junior

and Thomas W. Lawrence such the sum of Five Thousand

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 243)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 243)

Description

[page 243]

[corresponds to page 191 of Will Book 3]

191

dollars to be paid to each of these at the expiration of one year from

my decease or at any time thereafter when it may be required by cash

or either of them as a Capital to commence busings provided how

=ever and upon condition, that each of my said two sons or the one

of them requiring the payment thereof be them clearly and certainly

solvent - but if they or either of them be there insolvent there and in such

case I hereby order and direct that the said legacy of five thousand

dollars to the one or both of these being there so insolvent aned requiring

payment thereof be not paid, nor shall the same be payable or due

or collectable or recoverable until such insolvent son or sons shall

have obtained a full and complete discharge from all his or their

debts and liabilities in such manner and form as shall be satis-

=factory to the counsel who may be selected for that purpose by my

said Executors or a majority of them. My motive for the said

legacy to each of my said two youngest sons is that my other

three sons have respectively heretofore been advanced by me with

a Capital to that amount - there two legacies however are to carry

no interest until they be payable according to the time interest & mean=

=ing of this my will in this respect. Fifth all and singular

the rest residue and remainder of my property and estate

whatsoever and wheresoever both real and personal I do hereby

give devise and bequeath to my before named Executors and

the Survivors and last survivor of them to be held by them

or him in Trust and to be disposed of as follows, that is to

say to invest on bonds & morthages in their or his names

or name as such Executors or Executor upon productive

or improved real estate at the best obtainable interest therefore

the proceeds of all my said residency real and personal

Estate as part as they can be realiazed from collections of my

personal assets and sales of my Real Estate and to continue

the same at interest secured as aforesaid until the expiration

of at least four years from the time of granting probate on

this my last will and the income arising there power

over and above what may be required to pay interest which

may become due from my Estate and other contingent

or incidental charges to which my Estate may be

subject to be divided and distributed yearly or half yearly

as follows, that is to say two equal twelfth parts of such

surplus income to each of my before named five sons pro=

=vided however and upon condition that each of my them

in order to be entitled thereto be then clearly and certainly

solvent, but if any or either of them be then insolvent, then

and in such case I hereby order and direct that the share of

shares of such income which would otherwise be due, and

payable to such one or more of my said sons being

insolvent, be not paid, nor shall the sum be due payable
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 244)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 244)

Description

[page 244]

[corresponds to page 192 of Will Book 3]

192

collectable or recoverable to or by such son or sons until he or

they shall have obtained a full and complete discharge

from all his or their debts and liabilities in such man=

=nner and form as herein before specified in regard to the re=

=curring legacies to my before named two youngest sons

and in the mean time and until such discharge be

obtained I hereby order and direct that the share or shares

of the said income which would otherwise have been due

and payable to him or them be paid to or applied to the

maintenance support and eduction of his or their children

by or under the directions of my said Executors if any such

children there be- and if not then to be paid to and equally

divided among any said other sons who may be then

solvent. But I hereby express my desire to without impos=

=ing any obligation either legal or equitable upon my said

Executors to apply such portions of the said surplus income

as they or a majority of them may in their own direction

deem proper from time to time to the comfortable maintain

and support of such insolvent son or sons and the said two

remaining parts of my said surplus income I hereby order &

direct to be paid the one to my grandson Frederick W.

Lawrence, sons of my deceased son Edward W. Lawrence

and the other to my grandson Edward W. Lawrence son

of my deceased daughter Caroline Angenta Lawrence and

upon the expiration of the said four years I hereby direct my

said Executors to pay and distribute ten equal twelfth parts

of the Capital of my said residency Estate to and among my

said children in the same proportions as hereinbefore directed

in regard to the said surplus income of my residency Estate

provided however and upon condition, that each of my said

sons in order to be entitled to such share of the said Capital

be then clearly and certainly solvent, but if any or either of

them be then insolvent, then and in such can I hereby order

and direct that the share of the capital of my said residency

Estate, which could otherwise be due and payable to such one

or more of my sons being insolvent be not paid, nor shall

the same be due payable collectable or recoverable to or by

such son or sons until he or they shall have obtained a full

and complete dischare from all his or their debts and

liabilities in such manner and form as hereinbefore specifies

in regard to the processing legacies to my before mentioned

two youngest sons, and in case no such discharge shall be

obtained by such insolvent son or sons then the share or

shares which would otherwise belong to him or them shall

after the before of the aforesaid period of four years be

continued to be invested and the net income thereby

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 245)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 245)

Description

[page 245]

[corresponds to page 193 of Will Book 3]

193

be disposed of in the manner hereinbefore directed during the said four

years and shall so continue during his or their life-time, and upon his

or their death. I hereby order the said share or shares to be paid to his

or their children and other descendants and for count there of to his or

their brothers or the issue of such of them as many hereafter die leaving

issue according to the law of distribution in cases of intentacy and

in order to furnish a key to the meaning of the foregiong provisions

in regard to my sons in case of the insolvency of any or either of

them. I think it proper to declare my intentions to be that no part of

my estate shall be appropriated to the payments of their debts or

engagements in the event of Insolvency so long as such insolvency

shall continue and that by insolvency I mean an actual in=

=ability to pay their existing debts and engagements in full with

without any aid or contribution from my estate and that I

consider it a moral duty to provide for my own sons either then

the payment of their Auditors at the same time it is best justice to

all my sons to say that very few parents have greater cause than

myself to be satisfied with their business habits and study and

correct deportment. But such is the present precarious terms of

property and so great and sudden are the fluctuations in regard

to it, that I feel myself imperiously called upon to use the utm=

=ost caution and circumspection in providing so far as

practicable for the support of my own immediate desen=

=dents. Sixth with regard to the said shares of my

before named two grand children my will and direction

an that the capital thereof shall not restrain them respect=

=ively either in interest or propasion until and unless they

shall severally live to attain the age of twenty one years

and during their respective minorities I hereby consistitute

and appoint any before named Executors and the

survivors and last survivor of them the Trustees or

Trustee of the capital of their respective shares and

I order and direct them and him to keep a seperate and

distinct account in relation to cash of the said shares

and to pay from time to time to the respective grandson

of my said grand children the whole or any part

of the income of their said shares at the direction of

my said Trustees or Trustee for or towards their sup=

=port maintenance and educative during their minorities

and should my said grandchild Frederick W. Lawrence

die before attaining to the age of twenty one years and during

the life time of Lydia A. Lawrence his mother or should

my said grandchild Edward W. Lawrence die before

attaining to the age of twenty one years and during the life=

=time of William Effingham Lawrence his Father there and

in either such case I direct the before named Trustees
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 246)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 246)

Description

[page 246]

[corresponds to page 194 of Will Book 3]

194

or Trustee to pay such surviving parent of such deceased

grand-child the income of the share of such deceased grand

child during the residence of his or her natural life and at

the decease of both such grand child under lawful age as

aforesaid and of such parent, I hereby give the capital of the

share of the grand child so dying to my next of kin to be divi

ded by and between them according to the statute of distribution

in cases of intestacy, my said sons respectively however tak

ing their respective shares thereof subject to the condition here

inbefore stated in case of the insolvency of any or either of them

Lastly I do hereby partly authorize and impower my said

Executors and the survivors and last survivor of them at

their or his discretion and at such time or times as they or

he my think most for this interest of my estate to sell and

convey the whole as any parts or part of my real estate either

for cash or upon credit or partly for cash and partly upon credit

and either at public or private sale and to compound or settle

by compromise any doubtful or disputed claims or demand

in which my Estate may be intrusted and thereupon either

to accept of or pay a part instead of the whole in full satis=

faction thereof - In witness whereof I have to these presents

set my and and seal this thirteenth day of April in the

year of our Lord One thousand eight hundred and forty

three John B. Lawrence {L.S.}

signed by John B. Lawrence the above named Testator

at the end thereof and by him sealed executed published

acknowledged and declared to us used for his last will and

testament in the presence of us, who in his presence and

at his request and in the presence of each other have hereto

subscribed on respective names as attending witnesses

writing opposite to our respective signatures the places

of our several residence the day and year lastly above

writen - the word "legacies" on the second page print stricked

out, and the word "said" on this page being first inter=

=lined. Geo. W. Strong No. 108 in Greenwich Street in the

city of New York, Geo. I. Strong No. 108 Greewich Street City

of New York - John Haver J No. 143. Broadway City of

New York

A Codicil to the foregoing will, whereas my two sons

George N. Lawrence and Alfred W. Lawrence are both

married the former having one child and the latter none

and in my said will I have omitted to make any

provision for their respective wives in case they should

survive their husbands without having any issue Now

therefore I do hereby direct that in the event of the

death of any said either of my before named two

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 247)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 247)

Description

[page 247]

[corresponds to page 195 of Will Book 3]

195

sons having his wife but no child him surviving before such

son is entitled according to my said will to his share of the

capital of my residency estate, that in such can such wife shall

during the residence of her natural be entitled to have and receive

the net income of the one half of such share and I direct this

codicil to be added to and form part of my said will. In wit=

ness whereof I have to these presents set my hand and seal this

nineteenth day of April in the year of our Lord one thousand

eight hundred and forty three John B. Lawrence {L.S.}

signed by John B. Lawrence the above named Testator at the

and hereof and by him sealed published acknowledged and

declared as and for a codicil to his last will and testament

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

and in the presence of each other have hereto subscribed our

respective names as attesting witnesses writing opposite to

our respective names our several places of residence the

day and year lastly above written Geo. W. Strong No. 108 in

Greenwich street in the City of New York, Marshall S. Bedwell

No. 27. Clinton Place (Eighth Street) in the city of New York

Wm C. Shemeshorn No. 6. Great Jones Street in the city of

New York.

In the matter of proving the }

last will and testament of }

John B. Lawrence Deceased }

______________ ___________ City and County of New York

Newbold Lawrence of the City of New York being duly affirmed

and examined before Charles McVean Surrogate of the County

of New York dotto declare and say that he found the testament

in writing now produced and shown to deponent propiety

to be the last will and testament of John B. Lawrence deceased

bearing date the thirteenth day of April 18 in the year one thous+

=and eight hundred and forty three in an Iron Chest among

the private papers of the deceased a short time after his decease

that said Instrument Remained in the custody of deponent

until he brought the same to the office of the Surrogate of the

County of New York when he deposited the same for Probate

and that the said instrument remained in the Custody

of Deponent the same was in no Espect altered or changed.

Affirmed this eighth day of } Newbold Lawrence

November 1844 - before me }

Charles McVean }


In the matter of proving the }

last will and Testament of }

John B. Lawrence Deceased }

---------- --------- } City County of New York Ss:

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 248)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 248)

Description

[page 248]

[corresponds to page 196 of Will Book 3]

196

George W. Strong of the City of New York being duly sworn

and examined before Charles McVean Surrogate of the

County of New York, doth depose and say that he was well

acquainted with John B. Lawrence now deceased, that he

was present as a Witness and did see the said John B. Law=

=rence subscribe his name to the instrument in writing

now produced and shown to deponent purporting to be the

last will and testament of said deceased bearing date the

thirteenth day of April in the year one thousand eight Hun=

=dred and forty three - that such subscription was made

by the said Testator in the presence of this deponent - that the

said Testator at the same time declared the instrument so sub=

=scribed by him to be his last will and testament Wherefrom

this deponent signed his name as a witness at the end thereof

in the presence of and at the request of said Testator, and that

the said Testator at the time of executing the same and pub=

=lishing the said last will and testament, was of full age of

sound mind and memory and not under any restraint

and was in all respects competent to devise real estate

and deponent further says that he saw George S. Strong and

John Haver Jr sign said will as witnesses in the presence of

and at the request of said Testator

Sworn this twenty ninth day of }

October 1844 before me Charles } Geo. W. Strong -

McVean

In the matter of proving the }

last Will and Testament of }

John B. Lawrence deceased }

----------- ---------- County of New York Ss:

Geo. T. Strong of the City of New York being duly sworn and

examined before Charles McVean Surrogate of the County

of New York doth depose and say that he was well acquainted

with John B. Lawrence now deceased - that he was present

as a Witness and did see the said John B. Lawrence subscribe

his name to the instrument in writing now produced and shown

to deponent purporting to be the last will and testament of

said deceased, bearing date the thirteenth day of April in the year

one thousand Eight Hundred and forth three - that such

subscription was made by the said Testator in the presence

of this deponent - that the said Testator, at the same time delcared

the instrument so subscribed by him to be his last will and testa=

=ment. Whereupon this deponent signed his name as a witness

at the end thereof in the presence and at the request of said Testator

and that the said Testator at the time of executing and publishing

the said last will and testament was of full age of sound

mind and memory and not under any restraint - and
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 249)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 249)

Description

[page 249]

[corresponds to page 197 of Will Book 3]

197

was in all respects competent to devise Real Estate - and deponent fur=

=ther says that he saw George W. Strong and John Haver Jr sign said

will as witnesses in the presence of and at the request of said Testator

sworn this 29th day of October 1844 }

before me Charles McVean } George T. Strong --


In the matter of proving the }

last will and Testament of }

John B. Lawrence deceased }

-------------- ---------- County of New York Ss:

John Haver Jr of the City of New York being duly sworn and

examined before Charles McVean Surrogate of the County of

New York doth depose and say that he was present as a witness and

did see the said John B. Lawrence subscribe his name to the

instrument in writing now produced and shown to deponent purpor

ting to be the last will and testament of said decease bearing date the

thirteenth day of April in the year One Thousand Eight hundred & forty

three - that such subscription was made by the said Testator

in the presence of this deponent - that the said Testator at the

same time declared the instrument so subscribed by him

to be his last will and Testament. Whereupon the deponent

signed his name as a Witness at the end thereof in the pres

ence of and at the request of the said Testator - and the said

testator at the time of executing and publishing the said

last will and testament was of full age - of sound mind

and memory and not under any restraint and was

in all respects competent to divide real Estate and deponent

further says that he saw George M. Strong and George T. Strong

sign said will as witnesses in the presence and at the request

of said Testator

Sworn this eight day of November } John Haver Jr.

1844 before me Charles McVean }


In the matter of proving the }

last Will and testament of }

John B. Lawrence deceased }

-------- ---------- County of New York Ss:

George W. Strong of the City of New York being duly sworn

and examined before Charles McVean surrogate of the

County of New York doth depose and say that he was well acq=

=uainted with John B. Lawrence now deceased - that he was

present as a witness and did see the said John B. Lawrence

subscribe his name to the instrument in writing now prod=

=uced and shows to deponent purporting to be a Codicil to the

last will and testament of said deceased bearing date the nine=

=teenth day of April in the year one thousand eight hundred
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 250)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 250)

Description

[page 250]

[corresponds to page 198 of Will Book 3]

198

and forty three - that such subscription was made by the said

Testator in the presence of this deponent - that the

said Testator at the same time declared the instrument so sub

cribed by him to be a Codicil to his last will and testament

whereupon this deponent signed his name as a witness at the

end thereof in the presence of and at the request of said Testator

and that the said Testator at the time of executing and publis

hing the said Codicil to his last will and testament, was

of full age of sound mind and memory and not

under any restraint and was in all respects competent

to devise real Estate - and deponenet further says that he

saw William C. Shemerhorn and Marshall L. Bidwell

sign said codicil to said will as witnesses in the presence

of and at the request of said Testator -

Sworn this twenty ninth day of Ocotber 1844 } Geo. W. Strong

before me Charles McVean }


In the matter of Proving the }

last Will and testament of }

John B. Lawrence deceased }

--------- --------- } County of New York Ss:

Marshall S. Bidwell of the City of New York being duly sworn

and examined before Charles McVean Surrogate of the County

of New York doth depose and say that he was well acquainted with

John B. Lawrence now deceased - that he was present as a wit=

=ness and did see the said John B. Lawrence subscribe his name

to the instrument in writing now produced and shown to depo

nent purporting to be a Codicil to the last will and testament

of said deceased bearing date the nineteeneth day of April in

the year one thousand eight hundred and forty three -

that such subscription was made by the said Testator in the

presence of this deponent - that the said testator at the same time

declared the instrument so subscribed by him to be a Cod

icil to his last will and testament, Whereupon this deponent

signed his name as a witness at the end thereof in the presence

of and at the request of said Testator, and that the said Testator

at the time of executing and publishing the said Codicil to

his last will and testament, was of full age - of sound mi

nd and memory and not under any restraint and

was in all respects competent to devise real Estate and

deponent further says that he saw George W. Strong and

William C. Schumerborn sign said Codicil to said Will

as wtinesses in the presence of and at the request of said Testator

Sworn this twenty ninth day of }

Ocotber 1844 before me }

Charles McVean } Marshal L. Bidwell

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 251)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 251)

Description

[page 251]

[corresponds to page 199 of Will Book 3]

199

In the matter of proving the }

last Will and testament of }

John B. Lawrence deceased }

--------- ---------- } County of New York Ss:

William C. Schemerhorn of the City of New York being duly sworn and

examined before Charles McVean Surrogate of the County of New York

doth depose and say that he was well acquainted with John B. Law

rence now deceased - that he was present as a witness and did see

the said John B. Lawrence subscribe his name to the instrument

in writing now produced and shown to deponent purporting to be

a Codicil to the last will and testament of said deceased bearing date

the nineteeneth day of April One thousand eight hundred and forty three

- that such subscription was made by the said Testator in the presence

of this deponent - that the said Testator at the same time declared the

Instrument so subscribed by him to be a codicil to his last will and

Testament. Whereupon this deponent signed his name as a witness at

the end thereof in the presence of and at the request of said Testator, and

that the said Testator at the time of executing and publishing

the said Codicil to his last will and testament was of full age

of sound mind and memory and not under any restraint

and was in all respects competent to devise real Estate - and

deponent further says that he saw George W. Strong and Mar

shall S. Bidwell sign said codicil to said will as witn=

=ess in the presense of and at the request of said Testator

Sworn this twenty ninth day of

October 1844 before me Charles William C. Schemerhorn

McVean

County of New York Ss. Recorded the preceding


last will and Testament and Codicil thereto of John B.

Lawrence deceased as a will and Codicil of real and

personal Estate - together with the proofs examinations

and other proceedings taken and had in the Court of

the Surrogate of the County of New York relating to the prov

ing of the said last will and testament, which record

is hereby signed and certified and signed by me pur

suant to the revised statutes the eigth day of November

in the year of our Lord One thousand eight hundred and

forty four

Charles McVean


The People of the State of New York By the Grace of God Free

and independent. To all to whom these presents shall

come Greeting or may concern send Greeting Know ye

that at the County of New York on the eigth day of November

in the year of our Lord One Thousand Eight hundred and

fifty by forty four before Charles McVean Esquire Surrogate

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 252)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 252)

Description

[page 252]

[corresponds to page 200 of Will Book 3]

200

of our said County the last said and testament of John B.

Lawrence deceased was proved and is now approved and

allowed by in - and the said John B. Lawrence, being at or

immediately provisions to his death an Inhabitant of the County

of New York by reason whereof the proving and registering of

said will, and the granting of administration of all and

singular the Goods & Chattels & credits of the said Testator and

also the auditing allowing and final discharging the amount

thereof both belong unto us the administration of all and

singular the goods Chattels & credits of the said deceased and

any way concerning his will is granted unto George N. Law

rence and Newbold Lawrence of the city of New York Two of the

Executors in the said will named, they being first duly affirmed

faithfully and honestly to discharge the duties of such Executors

according to law. In Testimony whereof we have caused the

[L.S.] seal of office of our said surrogate to be hereunto annexed

witness Charles McVean sur Esquire Surrogate of our said

County at the City of New York, the Eigth day of November

in the year of our Lord One Thousand Eight hundred

and forty four and of our independence the Sixty Ninth

Charles McVean


Fees $10.00 net paid

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 253)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 253)

Description

[page 253]

[corresponds to page 201 of Will Book 3]

Will of Samuel Blount Dec'd 201

Proceedings had before the Probate Court of Delaware

County Ohio on the 15th day of July A.D. 1854 - Present

D.L. Fuller Judge of said Court.

The last will and testament of Samuel Blount late of

Delaware in said County deceased was this day produ

ced in court by Samuel Rheem the Executor in said

will named, and Henry J. Eaton James Eaton and

Leonard Turner witnesses to said will appeared and

in open court on oath testified to the due execution

of said will, which testimony was reduced to writing

and by them respectively subscribed and filed with

said will. And it appearing to the Court by said

testimony that said will was duly attested and

executed and that the said Testator at the time of

executing the same was of full age of sound mind

and memory and not under any restraint, It

is ordered by the Court that said will and testim

ony be recorded as follows towit:

I Samuel Blount of Delaware Delaware County

State of Ohio being of sound dis and disposing mind

memory and understanding do make publick

and declare this to be my last will and testament

hereby revoking and making null and void all

former last wills and testaments and writings in

the anture of last wills and testaments by me hereto

fore made 1st It is my will that my funeral ch

arges and just debts shall be paid by my executor here

inafter named. 2nd The residence of my Estate real

personal and mixed of which I shall be signed and

prepared or to which I shall be entitled at the time of

my decease, not required for the payment of my

just debts, personal charges and the expense attending

the execution of this my last will and the administra

tion of my estate I give devise and bequeath to my

beloved wife Maria W. Blount to have and to hold

the same to her and to her heirs or aforges to her and

their use and behalf of forever - hereby fully authorizing

my said wife Maria W. Blount to use and dispose of

the same as any past thereof as she may think best.

3rd I do hereby nominate and appoint Samuel

Blount Rheem of Delaware Delaware County State

of Ohio to be the sole executor of this my last will and

Testament

In testimony whereof I the said Samuel Blount

have hereunto subscribed my name and affirmed
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 254)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 254)

Description

[page 254]

[corresponds to page 202 of Will Book 3]

202

my seal this day of May in the year of our

Lord One Thousand Eight Hundred and fifty

four

Signed sealed and declared by } his

said Samuel Blount to be his } Samuel X Blount

last will and Testament in presence } mark

of us who at his request and in }

his presence have subscribed our record }

as witnesses hereto in the presence of each other }

James Eaton

Leonard Turner

Henry J. Eaton


The State of Ohio Delaware County Ss:

we James Eaton Henry J. Eaton and Leonard

Turner being duly sworn in open court this 15th day

of July 1854 depose and say that we were present at

the execution of the last will and testament of Samuel

Blount hereinto annexed that we saw the said testator

subscribe said will and heard him publish and

declare the same the same to be his last will

and testament, and the said testator at the time

of executing the same was of age of sound mind

and memory and not under any restraint and that

me signed the same as witnesses at this request

and in his presence { Leonard Turner

{ Henry J. Eaton

Sworn to and subscribed { James Eaton

before me in open court

this 15th day July 1854

D.L. Fuller

Prob Judge

The Last will and testament of William Beadle

Proceedings had before the Probate Court of Delaware

Court Ohio on the 23rd day of September A.D. 1854

Present John B. Rosetto, Judge of said court.

The Last will & testament of William Beadle

of Delaware County decease was this day produced

in court to Mr. Finch & Chritchfield Attorneys for

the executors in said will named and Henry J.

Eaton and Alford Beadle witnesses in said will

named appear and in open court on oath

testified to the due execution of said will: which

testimony on a reduced to writing and then as prating

subscribe and filed with in a will:

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 255)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 255)

Description

[page 255]

[corresponds to page 203 of Will Book 3]

203

And it appearing to the court that by said testimony that

said will was duly attested and executed and that the said

testator was of at the time of executing said will was of

full age and sound mind, and memory and not under

any restraint, it is ordered by the court that said will and

testimony be recorded as follows towit:

In the name of the

Benevolent, I William Beadle of Delaware Ohio do make and

publish this my Last will and testament. Item 1st - I give

and devise to my beloved wife in leiu of Dower. The House &

lot on which we now reside situate on the south west

corner of Liberty Street and Third Street in the Town of Delaware

Ohio said lot containing about two thirds of an acre of land, being

so much as is now enclosed, in the yard about the house

extending west to the west line of and including the brick

barn in fee simple to her and heirs and assigns forever

and all the stock household goods furniture provisions and

other goods and chattles. Which may be there on, at the time

of my decease also my family carriage six promissory

notes of five hundred dollars each amounting to three

thousand dollars together with the interest that may have all

accrued thereon, of the notes given to me by L.S. Wheaton &

dated August twenty ninth A.D. 1854. Also all rents for rooms

or houses now due on which may be due hereafter reserving

to my son John Maha the privilege of taking possession of

and occupying for his residence at any time he may

wish, the new brick dwelling house on the east side of Liberty

Street and opposite to the house where I now reside, which

new brick dwelling aforesaid with the lot on which it stands

I have deeded to my son John Maha -

Item 2' I give and

bequeath to my three Daughters, Sarah Elizabeth, Margarett

Catharine, Harriett Mathilda, Each one Town Lot four rods

in width fronting on the south side of Third Street in the

Town of Delaware, said Lots extending back to the south

Line of the track which is west, adjoining the Lot on which

I now reside, and which tract extends west to Lot owned

by Henry Carpenter, Sarah Elizabeth to have the first

section of her Lot to be located any where in said

she may choose. Margarett Catharine the second choice

and Harriett Mathilda the third- I do further devise and

bequeath to my daughters aforesaid each the sum of Eight

hundred Dollars in cash. My wife to have the income of said

money so long as my said daughters may continue to Live

with her. Item 3rd I devise and bequeath to two sons

William Perry and Samuel Bonham each the sum of five
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 256)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 256)

Description

[page 256]

[corresponds to page 204 of Will Book 3]


204

hundred dollars to be expended by them in building

them each a house, on the town Lots which I have

recently deeded to them. My wife to have the rest of the

said houses so long as they may continue to Live with

her. Item 4th, I do hereby nominate and appoint

my beloved wife Executrix and my oldest son John

Maha executor of this my last will and testament

hereby authorising and empowering them to compromise

adjust, release & discharge in such as they may deem

proper, the debts & claims due me. I do authorize

empower them whenever they may deem it beneficial

and proper to sell by private sale or otherwise as they

may deem best. all or any part of my real estate

and deeds to purchases to execute acknowledge and

deliver in fee simple, and whatever remains of the

proceeds if any after my just debts and the several legacies

herein before mentioned the same to equally divided between

my wife and my three sons and three daughters heretofore

mentioned each taking the one seventh part thereof

I do revoke all former wills by me made. In testimony

whereof I have herento set my hand and seal this thirty first

day of August A.D. 1854 William Beedle - {seal}

Signed and acknowledged by said William Beedle as his

Last will and testament in our presence and signed by

us in his presence - Alford Beedle & Henry J. Eaton

The State of Ohio Delaware County Ss-

We Alford Beedle and Henry J Eaton being duly sworn

in open Court this twenty third day of September A.D.

1854 depose and say that we were present at the execution

of the Last will and testament of William Beedle, hereto

annexed: that we saw the said testator subscribe said

will and heard him publish and declare the same

to be his last will and testament and that said testator

at the time of executing the same was of full age and of

sound mind and memory and not under any restraint

and that we signed the same as witnesses at this request

Signed by Henry J. Eaton and William Beedle -

sworn to and subscribed before me this twenty

third day of September A.D. 1854 -

John E. Rosetti Probate Judge within and

for said County

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 257)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 257)

Description

[page 257]

[corresponds to page 205 of Will Book 3]


205

The Last Will & Testament Margarett Livingston

Proceedings had before the Probate Court of Delaware

County Ohio, on the twenty sixth day of September in

the year of our Lord one thousand Eight hundred and

fifty four. John E. Rosetti Probate Judge

The Last Will and testament was this day produced

in open court by J.C. Porter.

The Last Will and Testa

ment of Margaret Livingston was this day produced

in open Court by J.C. Porter the Executor of the Last Will &

Testament there named, and Benjamin McMasters and

John Murphy witnesses to said will named, appeared at

open court on oath testified testified to the due execution

of said will: and it appearing to the court by said testimony

that said will was duly attested and executed and that said

testator at the time of executing the same was of full age and

of sound mind and memory and not under any restraint

It is ordered by the Court that said will & testimony be recorded

as follows to wit: In the name of the Benevolent Father

All I Margarett Livingston do make and publish this

my Last Will & Testament - Item 1st I give and devise

to my daughter Elizabeth and her heirs the sum of

Ninety five Dollars - Item 2nd I give and devise

to my daughter Margarett and her heirs the sum

of Ninety five Dollars - Item 3rd I give and devise

to my Daughter Catharine and her heirs the sum of

ninety five Dollars - Item 4th I give and devise to

my son Hugh the sum of Ninety five Dollars. Item 5

I give and devise to my sone James the sum of Ninety

five Dollars - Item 6th I give and devise to my son

William the sum of ninety five Dollars - Item 7. I give

and devise to my Daughter Rebecca and her heirs the sum

of Ninety five Dollars - Item 8th I give and devise all

the residue of my Estate to be divided especially between my

two sons Hugh and William their and assigns -

Item 9th I do hereby nominate and appoint Joseph C. Porder

Executor of this my Last Will and Testament hereby authori

zing and empowering him to compromise adjust release &

discharge in such manner as he may deem proper the

debts and claims due me, I do also authorize and empower

him if it shall become necessary to sell by private sale or in

such manner upon such terms of credit or otherwise as he

may think proper and deeds to purchasers to execute acknowle

dge and deliver in fee simple. I do hereby revoke all former

wills by me made. In testimony whereof I have hereunto

set my hand and seal this twenty sixth day of February in the

year of our Lord one thousand eight hundred & fifty eight

Signed Margarett Livingston
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 258)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 258)

Description

[Page 258]

[corresponds to page 206 of Will Book 3]

206

Signed and acknowledged by said Margarett Livingston

as her Last will and testament in our preesence &

signed by us in her presence By McMasters &

James Murphy -

The State of Ohio Delaware County SS -

We Benjamin McMasters and James Murphy

being duly Sworn in open Court this twenty sixth

day of September A.D. one thousand eight hundred

and fifty four depose and say that were present at

the Execution of the Last will & Testament of Margarett

Livingston hereto annexed: that we saw the said testa

tor subscribe said will and heard her publish & delcare

the same to be her last will & testament and that the said

testator at the time of executing the same was of full age

and of sound mind and memory and not under

any restraint, and that we signed the same as witnesses

at his request and in his presence and in the presence

of each other. Signed by Benj McMasters and

James Murphy -

Sworn to and subscribed before me this 26th day of

September A.D. 1852,

John C. Rosette Probate Judge -


The Last will and = testament of George S Cryder

Proceedings had before the Probate Court within and for

the County of Delaware Ohio, on the 16th day of September

A.D. 1854 - Present John E. Rosette Probate Judge

The Last will and testament of George S. Cryder was

this day produced in open Court, viz Hon Finch and

Critchfield the attorneys for said Executor in the will

named and David Cryder and William Hendren

the witness in said will named appeared and in open

on oath testified to the due execution of said will:

which testimony was reduced to writing and by them

respectively subscribed and it appearing to said Court

by said testimony, that said will was duly attested and

executed and that said testator at the time executing said

will was of full age, sound mind and memory and

not under any restraint. It is ordered by the Court that

will and testimony be recorded as follows to wit -

I george S. Cryder of the County of Delaware and State of Ohio

being weak in body but of sound and memory and

considering the uncertainty of life do make publish

and declare this my Last Will and testament hereby

revoking all other wills by me at any time made

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 259)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 259)

Description

[page 259]

[corresponds to page 207 of Will Book 3]

207

declaring this to be my will in manner following to wit.

In the first place I order and direct that all my just

debts and funeral expenses be fully paid and satisfied

by my executor hereinafter named, after which I desire

the remainder of my Estate both real and personal

to my beloved wife Leah, to keep as her own duri

ng her natural life, and I hereby empower her to sell

and convey by deed at any time she may think proper

all or any part of my real estate at either private or public

sale. And whereas my Brother Daniel Cryder of Porter

Township Huntington County Pen. deceased by his last

will and testament did bequeath to me the one fourth

part of his estate after payment of debts and other mat

ters mentioned in said will, together with certain con

tributions to be made to the legatees of Israel Cryder

dec - My desire is that any balance that may seem

due me or my heirs after the said Estate of Daniel

Cryder dec. - is fully settled, shall be paid over

to my wife Leah to be applied by her as she may

think best, And further I hereby empower my said

wife to collect all other moneys that are now owing or

in any will affecting to me or may be hereinafter to be

disposed as she may think proper - at the death of

wife all that remains of my personal property together

with all real estate or such part thereof as may seem

in would at that time shall be sold and the proceeds

divided, equally amongst my children share & share

alike, and lastly I do hereby nominate and appoint

my beloved wife Leah Cryder sole executrix of this my

Last will & testament. In testimony whereof I have

hereunto set my hand and seal this ninth day of June

In the year of our Lord one thousand eight hundred and

fifty four, George S. Cryder {Seal}

Signed Sealed and delivered in the presence of us David

Cryder and Wm Hendron -

The State of Ohio, Delaware County SS -

We David Cryder & William Hendron being present in

open court and being first duly sworn depose and say

that the paper writing now shown to us purporting

to be the Last will & testament of George S. Cryder was

Executed by said Cryder in the presence of us and in

the presence of each other, that the said testator declared

the same to be his last will and testament and affiants

further say that said Cryder was then of full age &

of sound and disposing mind & memory and under

no restraint they verily believe Signed David Cryder & Wm. Hendren -

Sworn to and subscribed before me this 16th day of September A.D. 1854

John E. Rosette Probate Judge -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 260)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 260)

Description

[Page 260]

[corresponds to page 208 of Will Book 3]

208

The Last Will & testament of Angeline Evans -


Proceedings had before the Probate Court of Delaware

County Ohio, on the thirtieth day of October in the year

of our Lord one thousand eight hundred and fifty four

Present John E. Rosette Probate Judge -

The Last Will and testament of Angeline Evans Late

of Delaware County Ohio was this day produced in Court

by the executor therein named and David Prichard

and John A Cox the subscribing witnesses to said will

appeared and in open Court, on oath testified to the

due execution of said Will: which testimony was reduced

to writing and by them respectively subscribed and filed

with said Will: and it appearing to the Court by said testi

-mony that said will was duly attested and executed &

that said testator at the time of executing the same was

of full age and of sound mind and memory and not

under any restraint It is ordered by the Court that said

will and testimony be recorded, as follows to wit:

I Angeline Evans of the County of Delaware and State of

Ohio do make and publish this my last Will and

testament in manner and form following that is to

say - First, it is my will that my funeral expenses and

all my just debts be fully paid,

2 - I give devise and bequeath to my two beloved children

Mary Amelia Evans, and John Jenkins Evans, the House and

lot I now reside on, and all the House hold furniture

to be sold and the proceeds thereof to be delivered into the

hands of the guardian and also 1 Cow one hog to be disposed

in in the same manner.

Third, I wish the House to be rented and the proceeds to be put

yearly to interest where it will be secured -

Fourth, the property to be equally divided between the two

children If one of the children should die before they are

of age the surviving one to take the whole of it. Should they both

die then the property to go to my sister Sarah Briggs

Fifth, I nominate and appoint David Davidson as my

guardian for the two children - Lastly, I hereby constitute

and appoint John N. Cox to be Executor for this my

Last will and testament revoking all other wills by me

made and ratifying and confirming this and no other

to be my last will and testament

In testimony whereof I have hereunto set my hand and

seal this 24th day of August in the year of our Lord one thous

and eight hundred and fifty four

her

Angeline X Evans

mark

Signed published and delivered by the above named Angeline

Evans in the presence of who at her request have signed as witnesses

to the same David Prichard and John N. Cox

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 261)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 261)

Description

[Page 261]

[corresponds to page 209 of Will Book 3]

209


The State of Ohio Delaware County SS - We David Prichard

and John N. Cox being duly sworn in open court this 30

day of September A.D. 1854, depose and say that we were

present at the execution of the Last will and testament

of Angeline Evans hereto annexed - that we saw the testator

subscribe said will and heard her publish and declare

the same to be her last will and testament and the said

testator at the time of executing the same was of full age

and of sound mind and memory and not under any restraint

and that we signed the same as witnesses at her request

and in her presence and in the presence of each

other Signed David Prichard & John N. Cox

Sworn to and subscribed before me this 30th day of Septe

mber A.D. 1854 -

John E. Rosette Probate Judge -


The Last Will & testament of Peter Ekam

Proceedings had before the Probate Court of Delaware

County Ohio, on the second day of October A.D. 1854. Present John

E. Rosette Judge of said Court.

The last will and testament

of Peter Ekam deceased late of Delaware County Ohio

was this day produced in open by Hon C. Sweetser Attor

ney for the Executor named in said Will and J. Allen

and Phillip Haily the subscribing witnesses to said will app

eared and in open Court on oath testified to the due execution

of said will: which testimony was reduced to writing and by them

respectively subscribed and filed with said will: and it

appearing to the Court by said testimony that said will was

duly attested and executed and that said testator, at

the time of executing the same was of full age and of sound

mind and memory and not under any restraint - It is

ordered that will and testimony be recorded as follows

to wit:

In the Name of the benevolent Father of all I,

Peter Ekam do make declare and publish this my will

and testament.

First It is my will and I do hereby give

and devise unto my beloved wife Catharine Margarett

all my real and personal estate. To wit, a certain lot

or parcel of land situate in south Delaware Delaware

County Ohio Conveyed to said Peter Ekam and heirs by Reuben

Breyfogle and wife & deed of general warranty dated July

24th A.D. 1854. And also certain other Lot or parcel of

land situate in South Delaware aforesaid conveyed to

said Peter Ekam in a manner by deed of general warranty
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 262)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 262)

Description

[page 262]

[corresponds to page 210 of Will Record 3]

210

by George Lepert and wife date October Sixth A.D. 1848

containing four acres more or less - except so much of

said Last mentioned Lot of Land as said Peter Ekam

Sold to the I M & P Rail Road Company -

It is further my Last and testament that my said

beloved wife Catharine Margarett, shall have and enjoy

for her own proper use and benefit all my goods and

chattels to wit: two horses - two waggons one plow four

swine one cow household and kitchen furniture etc -

It is further my Last will and testament that my said

wife shall have and enjoy for her own proper use &

benefit all the above described real & personal estate

together with all my moneys credits and effects so long as

she shall remain my widow but in case she shall at any

time marry then these devises shall be null and void and

my entire estate real and personal shall be administered

and distributed as the statute provides for the settlement

of notes to the estates -

It is further my last will and

testament that my beloved wife Catharine Margarett

shall pay to my son in law Wm Freeman the sum of tw

enty four ) 24 ( dollars, on or before the 24th day of June

A.D. 1855, I am oren of twenty four dollars being a parcel of

money received by me from Germany for the benefit of my

grand child Asa Peter son of said Wm. Freeman I

do hereby nominate & appoint my beloved wife guardian

of all my minor children untill they arrive at lawful age

but in case my said should again marry her guardian

ship of my children shall cease & determine upon her

intermarriage or in her place I do nominate my certain

friend Gottleab Allbright to have the guardianship of my

said children untill they arrive at lawful age -

My said guardians are hereby enjoined to give my

children all a good English education and to rear them in

habits of Industry & Inculeate upon them as far as

may be the duties & practices of Christians -

I do hereby nominate and appoint Christian F.

Renner Executor of this my last will and testament

hereby authorizing him to compromise adjust release & disc

harge in such manner as he may deem proper the credits

& claims due me. I do hereby revoke all former wills

by me made In testimony whereof I have hereunto set

my hand and seal this 25th day of September A.D. 1854

Signed Peter Ekam {Seal} - Signed and acknowledged the

said Ekam as his last & testament in our presence and

signed by us in his presence J. Allen & Philip Haily

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 263)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 263)

Description

[Page 263]

[Corresponds to page 211 of Will Book 3]

211

The State of Ohio Delaware County SS -

We J Allen and Phillip Haily, being duly sworn according

to Law in open court this second day of October A.D. 1854

depose and say that we were present at the execution

of the Last Will and testament of Peter Ekam

hereto attached and annexed: that we saw the said tes

ter subscribe said will and heard him publish

and declare the same to be his Last will and testament

and that the testator at the time of executing the same

was of full age and of sound mind and memory

and not under any restraint and that we signed

the same as witnesses at his request and in his prese

nce and in the presence of each other signed

J. Allen and P. Haily. Sworn to and subscribed before

me this second day of October A.D. one thousand eight

hundred and fifty four - John E. Rosette Probate Judge


Harlow Lewis Last Will and testament

Proceedings had before the Probate Court of Delaware

County Ohio. on the thirteenth day of October in the year

of our Lord one thousand eight hundred and fifty

four, present John E. Rosette Judge of said Court.

The Last will and testament of Harlow Lewis late of Dela

ware County Deceased, was this day produced in open Court

by the executor therein named. and John Flapp and

Richard Detwiler the subscribing witnesses to said will

appeared and in open court on oath testified to the due

execution of said will: which testimony was reduced to writing

and by them respectively subscribed and filed with said

Will: and it appearing to the Court by said testimony that

said will was duly attested and executed and that

said testator, at the time of executing the same was of

full age and of sound mind and memory and not

under any restraint It is ordered by the Court that

said will and testimony be recorded, as follows to wit:

In the name of the Benevolent Father of all men - I

Harlow Lewis of sound mind and memory do make

and publish this my Last Will & testament.

First - I give and devise unto Theodore Lewis my

Son the use of the Farm on which I now Live accor

ding to the following conditions of a Lease now in his

possession provided he complys with conditions of said Lease

second - at the expiration of said Lease I give and devise to my

two sons John Lewis and Theodore Lewis, each one

third of my estate - Third I give and bequeath to wife

Mehitabel Lewis the amount Theodore Lewis is to pay
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 264)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 264)

Description

[Page 264]

[Corresponds to page 212 of Will Book 3]

212

the consideration contained in the Lease.

Fourth - I give and bequeath unto two Daughters Jane

Hooper and Susan B. Wodworth, the remaining one third

of my real estate after the death of my wife -

Fifth - I do hereby nominate and appoint my wife

Mahitabel Lewis and Samuel Whitney Executrix and

Executor of this my Last and testament, hereby authorizing

them to adjust due or against me as they may think

proper. I do hereby revoke all former wills by me made

in testimony hereof I have hereto set my hand and seal

this 27th of July 1854 Berlin Tp Delaware County State of Ohio

Signed and acknowledged by said Harlow Lewis as his

last will and testament in our presence

John Flapp & Richard Satterly - Harlow Lewis {Seal}

The State of Ohio, Delaware County SS -

We John Flapp and Richard Satterly being duly sworn

in open Court this 13th day of October A.D. 1854 depo

se and say that we were present at the execution

of the Last will and testament of Harlow Lewis

hereto annexed: that we saw the said testator sub

scribe said will, and heard him publish and de

clare the same to be his last will and testament

and that said testator at the time of executing the

same was of full age and of sound mind and

memory and not under any restraint and that

we signed the same as witnesses at his request and

in his presence, and in the presence of each other

Signed by John Flapp and Richard Satterly

Sworn to and subscribed before me this 13th day

of October A.D. 1854

John E. Rosette Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 265)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 265)

Description

[Page 265]

[Corresponds to page 213 of Will Book 3]

213

The Last Will & Testament of Delight Sweetser

Proceedings had before the Probate Court of Delaware

County Ohio, on the 16th day of October A.D. 1854, Present

John E. Rosette Probate Judge -

The Last Will and testament

of Delight Sweetser Late of Delaware County Ohio, was this day

produced in Court by the Executor therein named and

Hon. Charles Sweetser and Henry Lamb, the subscribing

witnesses to said Will appeared and in open Court on

oath, testified to the due execution of said Will which testi

mony was reduced to writing and by them respectively sub

scribed and filed with said will: and it appearing to

the Court by said testimony that said will was duly attes

ted and executed, and that said testatrix at the time

of executing the same was of full age and of sound mind

and memory and not under any restraint. It is

ordered by the Court that said will testimony be

recorded as follows to wit:

Be it known that I Delight

Sweetser of the Town of Delaware Ohio, in view of the

uncertainty of Life and the certainty of Death, and

being of sound mind and memory, do make and pub

lish my Last will and testament as follows -

1st It is my will that as soon after my decease as it may

convenient for my executor with the means which I leave

to settle and pay up all my just debts expenses of my

Last sickness and Funeral charges

2nd I give and bequeath to my Daughter Mary Hillyer

My Silk Cloak and to my Daughter Eliza Joy My

best shaw, and to my three surry Daughters Eliza Joy

Delight Allexander and Mary Hillyer all my per

sonal goods and chattles clothing etc. Not including those

in action, to be by them amicably divided and used

by them and Knowing sons and other heirs to be in

circumstances which authorize me to conclude that

they will be gratified with the disposition which I now

make of my real estate being a house and lot where

I formerly resided, deeded to me by my Son William

in consideration of his indebtedness to me for an account

of my dower interest in the old farm and I hereby

discharge my son William from all further claim

on my account whatever, 2. I give and bequeath the

said House and Lot to my son in Law Picton D. Hillyer

in trust to be by him sold for a Sum not Less than one

thousand Dollars before such time as he deem proper

and the proceeds to be first applied in paying off my

debts. Expenses of Last sickness and Funeral charges -
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 266)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 266)

Description

[Page 266]

[Corresponds to page 214 of Will Book 3]

214

2nd It is my will and I hereby make it the duty of the

said Hillyer as my executor to cause to be erected around

the Lot in the Old Burying Ground where my deceased

Husband Son and Son in Law are Buried an en

closure of cut stone foundation with iron fence with a

suitable wrot iron gate, and to erect over the grave

of my dec Husband and that of my son and my self

a neat chaste white marble monument or Lamp stone

I would suggest a double stone for my dec husband

and myself doubly inscribed. The whole expenses this

improvement not to exceed Five hundred Dollars

Believing that there will be a balance left after fully

meeting the foregoing bequest, I charge my said

husband to invest the balance in some real estate or

put the money to interest and pay to pay to Delight

Allexander for her own use the interest on Lot

house the use of the real estate if it should be so

maintain during her natural life, and after

her death I give the same to be divided equally to

my three grand children - Alice Hillyer Lester

Hillyer and William Hillyer, or the survivors of either of

them and unto their and assigns forever -

Having disposed of all my earthly goods in a manner

which to me seems proper I invoke a blessing upon

all children, and relations and request that after

my death my friends will bury me beside my cherished

Husband and set the monument which shall be

erected in pursuance of this will be in conformity with

the known trust of the Decd, whose memory it commemorates

I hereby nominate and appoint my son in Law Picton

D Hillyer, the executor of this my Last will and testa

ment - and having full confidence in his integri

ty - I do not desire that he shall give any bond as

such executor, I have called upon my son Charles

Sweetser and Henry Lamb to witness this my Last will and

testament and to subscribe the same as witnesses this 22nd

day of March A.D. 1854.

Signed Delight Sweetser {Seal}

Signed sealed published and declared in our presence

the day and year above written - Charles Sweetser Henry

Lamb

The State of Ohio Delaware County Ss -

We Charles Sweetser and Henry Lamb being Sworn in

open Court this 16th day of October A.D. 1854 - depose

and say that we were present at the execution of

the Last will and testament hereto annexed, that we

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 267)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 267)

Description

[Page 267]

[Corresponds to labeled page 215 of Will Book 3]

215

saw and heard the said testator subscribe said will &

heard her publish and declare the same to be her Last

Will and testament - and that the said testator

at the time of executing the same was of full age

and of sound mind and memory and not

under any restraint, and that we signed

the same as witnesses at her request and in her

presence and in the presence of each other

Signed by Henry Lamb

Charles Sweetser

Sworn to and subscribed before in open Court

this 16th day of October A.D. 1854

John E. Rosette Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 268)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 268)

Description

[Page 268]

[Corresponds to Page 216 of Will Book 3]

216

Last Will & testament of Jacob Drake decd


Proceedings had at the office of the Probate Judge in

the town of Delaware on the 25th day of October A.D. 18

54 before Isaac Ramsey Probate Judge of Delaware Coun

ty in the State of Ohio.

Thie day the last Will and testam

ent of Jacob Drake decd. was produced in open Court

and proved by the testimony of the subscribing witnesses there

to Allen Darrow and Frank Hays (as reduced to writing)

approved and ordered to be recorded

Copy of Will.

In the name of God Amen. I Jacob Drake

of Delaware Ohio, knowing that it is appointed unto all

men once to die and not knowing the time when: being

perfectly sane in mind and memory, do make and ordain

this my last Will and Testament, in the manner follow

ing, to wit: My body I give to my friends to be bur

ied in a decent and Christian-like manner, and my

Soul to Him who gave it, in the joyful hope of a glo

rious resurrection to immortality and Eternal Life

When my funeral expenses and all just

debts are discharged, I will that my property be disposed

of as follows: To my beloved Wife Nancy, who has been

my companion and nurse for more than half a cen

tury, I give the use of all my estate both real and

personal to and for her own personal benefit and support

during her natural life, or as much of the same as she

may require for that purpose. And also to pay her funeral

expenses after her decease.

Imprimis I give and bequeath to the American Bap

tist Missionary Union for the purposed expenses in the act of

their incorporation One Thousand ($1000) Dollars, including

One hundred and fifty already paid, as a part of said legacy.

To the American Baptist Home Missionary Society of

New York One Thousand dollars ($1000): One half of which

is to be used as a permanent church edifice fund. the re

mainder for the general purposes of said Society, and one half

of the whole amount to be expended in the State of Ohio: Be

ginning as Delaware.

Also to the American and Foreign Bi

ble Society I give Five hundred ($500) Dollars, to be expended

in the Foreign Mission field.

Also to the American Baptist

Publication Society of Philadelphia, I give one fourth (1/4)

of the residue of my property after paying the above re

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 269)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 269)

Description

[Page 269]

[Corresponds to page 217 of Will Book 3]

217

quests, provided it shall not exceed Two hundred and fifty ($250)

Dollars.

Also to the Ohio Baptist Education Society, I give

one fourth (1/4) of the residue of my property after paying

the foregoing bequests, except that to the Am. Bap. Pub. Soc.

provided it shall not exceed Two Hundred and fifty ($250)

Dollars. to be appropriated to the education of approved

indigent young men, for the Christian Ministry.

Finally, the residue of my prop

erty after paying the above bequests, I give to the Ohio

Baptist State Convention: to be appropriated to aid the Bap

tist Church of Delaware in sustaining the ministry of the

word of Life, to the amount of One Hundred ($100) Dol

lars pr. annum, so long as such aid shall be necessa

ry, or until the amount of the bequest shall be exhaust

ed.

Any payments that shall be made to the legatees of

this will previous to its final adjustment, shall be apportion

ed to them equally according to their respective claims.

I name my beloved wife Nancy and

Thomas Hays of the town, as executors of this my last

will and testament.

Signed at Delaware Ohio July 4th

A.D. 1854 Jacob Drake

In presence of

Frank Hays }

Allen Darrow }

Sarah Darrow }

The State of Ohio Delaware County SS.

We Allen Darrow and Frank Hays being duly sworn

in open Court this 25th day of October A.D. 1856, depose and

say, that we were present at the execution of the last will

and testament of Jacob Drake hereto annexed, that we saw

the said testator subscribe said will, and heard him publish

and declare the same to be his last will and testament,

and that the said testator at the time of executing the

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

not under any restraint: and that we signed the same

as witnesses at his request and in his presence and in the

presence of each other: and that Sarah Darrow witnessed the

same at the same time and in our presence, but that she

is now absent from this County.

Sworn to and subscribed by A. } Allen Darrow

Darrow & F. Hays in my presence } F. L. Hays

& before me Oct 25th 56 }

Isaac Ramsey Pro. Judge }

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 270)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 270)

Description

[Page 270]

[Corresponds to page 218 of Will Book 3]

218

Last Will and Testament of Daniel Coleman decd


Proceedings had at the office of the Probate Judge

in the town of Delaware on the 26th day of September

A.D. 1854 before John E. Rosette Probate Judge of Delaware

County in the State of Ohio.

This day the last will and testament of Daniel

Coleman decd late of said County was produced in open Court

and proved by the testimony of the subscribing witnesses James

Noble and Thomas Bryson (as reduced to writing) approved and

ordered to be recorded

Copy of Will.

In the name of God, Amen. I Daniel Coleman of

Scioto Township Delaware County Ohio, being of sound mind

and memory and considering the uncertainty of this frail

and transitory life. I do therefore make ordain pub

lish and declare this to be my last will and testament

that is to say, I wish a sale to be made of all

my personal property, out of which, together with the

debts owing to me, I wish all my lawful debts to

be paid so far as it will go, then should there remain

a balance yet unpaid on the land, I wish so much

of the land sold, as will pay that ballance.

And to my beloved wife I will and bequeath all

the land on which we now reside after the debts is

paid together with all improvements and appurtenances there

to belonging, to have and to hold so long as she reamins

my widow, then to be divided equally between my child

ren. I also will and bequeath to my wife the

household property and such as she may need in raising

the children.

Likewise I make constitute and appoint

my wife and Thomas Coleman my brother, Executor and Exec

utrix of this my last will and testament, thereby re

voking all former wills made by me.

In witness whereof I have hereunto subscribed my

name and affixed my seal this 28th day of June

A.D. in the year of Our Lord One thousand eight hundred

and fifty four

Daniel Coleman {Seal}

Witnesses

James Noble Scioto Tp. Delaware Co. Ohio

Ebenezer T. Webster Richwood Marion Co. "

Thomas Bryson Scioto Tp. Delaware Co. "

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 271)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 271)

Description

[Page 271]

[Corresponds to page 219 of Will Book 3]

219

State of Ohio Delaware County S.S.

Thomas Bryson and James Noble being duly

sworn, on this oath say, That the paper writing now

presented to them and purporting to be the last will and

testament of Daniel Coleman now dec'd, was signed by

said Daniel Coleman, who declared the same to be his

last will and testament in their presence, and

they subscribed the same as witnesses in the presence of

the testator and of each other, that he was of sound

and disposing mind and memory and under no restraint

that he was of lawful age, they further say that Eb

enezer T. Webster whose waiver is attached also as wit-

ness to said will signed said will in presence of them

appoints and of testator & they do not know where said

Webster is at present James Noble

Thomas Bryson

Sworn to and subscribed before me this 26th day of

September A.D. 1854 J.E. Rosette Probate Judge



Recorded Oct. 26th 1854. Isaac Ramsey Pro. Judge

==============================================================

Last Will &c of Hugh Kyle dec'd.


Proceedings had at the office of the Probate Judge in the

town of Delaware on the 21st day of November A.D. 1854

before Isaac Ramsey Probate Judge of Delaware County

in the State of Ohio.

This day the last will and testament of

Hugh Kyle deceased late of Radnor Township in said coun

ty of the subscribing witness John Humphreys (Morgan Wil

liams the other subscribing witness having deceased said its ex

ecution & the genuineness of his signature being proven by the

oath of Thos B. Williams) all of which testimony was redu-

ced to writing and filed with his will which was approved and

ordered to be recorded.


Copy of Will. etc.

In the name of the Benevolent Father of All.

I Hugh Kyle of Radnor Township in the coun-

ty of Delaware and state of Ohio. Do make and pub-

lish this my last will and testament as follows:

Item 1st It is my will that my funeral expenses

and all my just debts be fully paid.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 272)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 272)

Description

[Page 272]

[Corresponds to page 220 of Will Book 3]

220

Last Will to of Hugh Kyle dec'd Continued


Item 2nd I give devise and bequeath to my son James

Kyle the farm where on I now live situated in Radnor

township Delaware County and state of Ohio. This being lot

eight (8) west two of lots in section four (4) Township

Six (6) Range twenty (20) W.S.M. lands, his heirs or

assigns. Provider said James Kyle pay the following sums

or legacies (to wit), to my daughter Mary Brattow the sums

of One hundred dollars to be paid in a year after my death

Also to my son David Kyle the sum of One hundred

dollars to be paid in two years after my death: Also to

my daughter Elizabeth Kyle the sum of two hundred and fifty

dollars, to be paid in five years after my death; Also to

my daughter Sarah Winter the sum of fifty dollars, to be

paid in seven years after my death.

Item 3 I give devise and bequeath to my daughter Eliza

beth Kyle this (fly man) and choice of one cow also all

my household and kitchen furniture, consisting of beds and bedding

clocks cupboard etc.

Item 4th I give devise and bequeath to my son in law

James W. Brattow one cow also all the money that he

owed me.

Item 5th I give devise and bequeath all the residue of

my personal property to my son James Kyle, Provided he pay

the foregoing legacies.

Lastly I do hereby nominate and appoint my son James

Kyle and John Humphreys Executors of this my last will

and testament; I do hereby revoke all former wills by

me made.

In testimony whereof I have hereunto set my hand

and seal this 12th day of May 1843.


Signed sealed and acknowledged }
}
by said Hugh Kyle as his last } Hugh Kyle {seal}
}
will & testament in our presence }
}
and signed by us in his presence. }

John Humphreys

Morgan williams

Codicil


I give and devise to my daughter Elizabeth Kyle this

house wherein I now live, also the garden North of the

house while she remains unmarried.

Attest

John Humphreys } Hugh Kyle {seal}
}
Morgan Williams }

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 273)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 273)

Description

[Page 273]

[Corresponds to page 221 of Will Book 3]
221

Last Will &c of Hugh Kyle dec'd


The State of Ohio Delaware County S.S.


John Humphreys (only surviving witness to this will) being

duly sworn in open court this 21st day of November A.D.

1854 deposes and says that he was present at the ex

ecution of the last will and testament of Hugh Kyle

dec'd hereto annexed that Morgan Williams whom named

in thereto attached as witnesses was also present, but is now

dead; That we saw the said testator subscribe said will

and heard him publish and declare the same to be his

last will and testament and that the testator at the

time of executing the same was of full age and of sound

mind and memory, and not under any restraint, and

that he (Morgan Williams now dec'd and myself) signed the

said as witnesses at his request, and in his presence, and in

the presence of each other

John Humphreys


Sworn to & subscibed before on this 21st day of November A.D. 1854

I. Ramsey Probate Judge

State of Ohio Delaware County S.S.

Thomas B. William being duly sworn in open court desposes and

says that Morgan William whose name is attached to the within will

of Hugh Kyle dec'd was a brother to this appoint that appoint was

well acquainted with the hand writing and signature of said Mor-

gan, having frequently seen him with and make his signature

and that he entertains no doubt as to the genuineness of the

signature of said Morgan Williams attached to the within will

and further says that said Morgan William is now dec'd

Thomas B William

Sworn to & subscribed before me this 21st day of Nov. 1854

I. Ramsey Prob. Judge.

Recorded Nov. 22nd 1854

I. Ramsey Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 274)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 274)

Description

[Page 274]

[Corresponds to page 222 of Will Book 3]


222 Last Will of Jesse Mason deceaded

The State of Ohio Delaware County S.S.

Proceedings had before Isaac Ramsey Probate Judge

of said County at his office in the town of Delaware

on the 4th day of December A.D. 1854

This day the last will and testament

of Jesse Mason late of Berkshire Tp in said County deceased

and produced in open court and proven by the testimony of

the subscribing witnesses Heny Hodgden & Davis W. Rodger

(as reduced to writing) approved and ordered to be recorded.

Copy of Will.


In full delivered upon Divine Providence who has

been my support for many years I Jesse Mason of

Berkshire Township Delaware County Ohio. As my health is fail

ing and my days in the common crown of nature and

drawing to a close, but yet am of a sound mind and of

a retention memory, for which blessings I desire to be great

ful; do make and publish this my last will and test

ament in regard to my worldly affair and property.

Item 1st It is my will desire and request that

all of my just debts, costs of administration, funeral ex

penses, including a suitable monument over my grave

to be fully paid.

Item 2nd I give and bequeath to my beloved wife

Hannah B. Mason in lieu of dower, first our cow she

having the choice of these I may own, one horse, har

ness and buggy this to be hers absolutely, also the house

furniture to be at her disposal. Second the undivi

ded one half of all of the real estate which may re-

main after the debts to provide for in item 1st and

paid, this to include the dwelling house where I reside

with the homestead promised; if my son who is here-

after provided for, shall farm the same, he after paying

the taxes and the expenses of necessary repairs to pay her

at her option either in cash or the production of the

farms, the landlords share; The real estate she to have

during her natural life, the personal property to be at

her disposal.

Item 3rd I give and bequeath unto my son Al-

Johnson P. Mason the residue of my real estate and af

ter the decease of my said wife he to have in fee simp

le all of my real estate with the condition that he

pay within One year after the decease of my said wife

in currency (or as soon after as called for) fifty dollars

to my Grand daughter Ellen F. Warner of Catarager

County New York. Also at the same time and manner

One hundred dollars to Hetta F. Green.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 275)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 275)

Description

[Page 275]

[Corresponds to labeled page 223 of Will Book 3]

223

Last Will etc of Jesse Mason decd.

Item 4th I do hereby authorise and empower my

executor to sell as much of my real estate as may

be necessary to pay the claims against my estate: he

may sell either at public or private sale, reserving

the dwelling house and homestead for my wife.

I do hereby appoint my said son Alp-

honse P. Mason executor of this my last will and

testament, revoking any and all other wills made by

me.

In testimony whereof I have hereunto set my hand

and seal this 27th day of October in the year of our

Lord 1854

Jesse Mason {Seal}

Signed and acknowledged by said Jesse Mason to be his

last will and testament in our presence and signed

by us in his presence Henry Hodgden

David W. Rogers

The State of Ohio Delaware County SS.

We Henry Hodgden and David W. Rogers being du-

ly sworn in open Court this 4th day of December A.D.

1854 depose and say that we were present at the exe-

cution of the last will and testament of Jesse Ma-

son decd hereto annexed: that we saw said testator sub-

scribe said will, and heard him publish and declare

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

the said testator at the time of executing the same was

of full age, and of sound mind and memory, and

not under any restraint, and that we signed the same

as witnesses at his request and in his presence and

in the presence of each other.

Henry Hodgden

David W. Rogers

Sworn to & subscribed before me this 4th day of Dec-

ember A.D. 1854

I. Ranney Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 276)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 276)

Description

[Page 276]

[Corresponds to labeled page 224 of Will Book 3]

224 Last Will etc of Edward Stanberry decd.

Proceedings had before the Probate Court

of Delaware County and State of Ohio on the

22nd day of December A.D. 1854. Present Isaac

Ranney Judge.

An authenticated copy of the last

will and testament of Edward Stanberry decd late

of Newark in the County of Licking and State of Ohio

was this day produced in open court and it appear-

ing to the satisfaction of the Court that said will has been

duly proven & admitted to Probate in said County of Licking

and that said will has relation to lands in this county: It

is therefore ordered by the Court that said will be admitted

to record, and recorded in the record of Wills in this of-

fice.


Last Will of Edward Stanberry Decd.

I Edward Stanberry of the ^town of Newark in the County of

Licking and State of Ohio, do make and declare this

to be my last will and testament as follows:

Item 1st I give and devise to my brother Charles Stan-

berry his heirs and assigns all my land in the County

of Delaware Ohio: and as to all moneys due or to become

due to me, whether by contract, note, mortgage, or otherwise

for lands sold in the counties of Delaware, Franklin & Morrow

Ohio. I direct that out of the same my executor and ex-

ecutrix hereinafter named shall pay the legacies hereinafter

named, and all the debts and liabilities owing or incurred

by me, except the debt I owe to Abraham Flory a-

mounting to about two hundred dollars, and the remain-

der of said monies due and to become due on said land

after paying the said legacies, debts, and liabilities, I give and

bequeath to my said brother Charles: my intention being to

give him all my interest in the proceeds or money of my

lands situate in said three counties, heretofore sold by me

or my attorneys in fact that may remain after paying

said legacies debts and liabilities (excepting the Flory debt as af-

oresaid) and as to such lands situate in said three coun-

ties as have been sold as aforesaid, I devise the same to

said Charles Stanberry and his heirs in trust, to convey the

same to the respective purchasers thereof or their heirs

or assigns on full payment of the purchase money there

for.

Item 2nd All the rest and residue of my estate

both real and personal, wherever situate except the

specific legacies hereinafter mentioned, I give and devise

to my beloved wife Harriet her heirs and assigns

and I direct that she pay therefrom the said debt due
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 277)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 277)

Description

[Page 277]

[Corresponds to labeled page 225 of Will Book 3]

225

Last Will etc of Edward Stanberry decd

me to said Flory "

Item 3rd To my Nephew John Stanberry son of

said Charles I bequeath my dog & gun

Item 4th To each of my brothers Henry Charles

Howard, and to each of my friends Samuel B.

Sherwood and Jerome Buckingham I bequeath the sum of

fifty dollars

Item 4th I hereby nominate and appoint my

beloved wife Harriet to be the executrix and my friends

Samuel B. Sherwood and Jerome Buckingham to be the execu

tors of this my will, and I direct that they may ex

ecute the trust herein disposed within giving any bond there

for, and that no public sale be made of any of

my personal property.

And lastly hereby revoking all for

mer and other wills by me made, I again declare this

to be my last will and testament: the words "the lega

cies hereinafter named and" being first interlined between the

eleventh and twelfth lines of the first page, and the word

"legacies" being also interlined between the sixteenth & seven-

teenth, and between the twenty first and twenty second lines

of the same page. In testimony whereof I have hereto

set my hand & seal this 20th day of November A.D. 1853.

Signed Sealed and declared by Edw. Stanberry {Seal}

The P Edward Stanberry for his last }

Will and testament in the presence of }

us, who in his presence & at his request }

have attested the same as witnesses }

the day above named. }

J. W. Willson }

Jos. J. Nannell } The State of Ohio

Licking County SS.

I Daniel Humphreys, Judge of the Court of

Probate within and for said County do hereby certify that the fore

going is a true Copy of the last Will and testament of Dr. Ed

ward Stanberry decd. taken and copied from the original will on file

in said Court & admitted to probate therein Jany 30th 1853

In testimony whereof I have hereunto subscribed

my name & affixed the seal of P Court at

{ Seal
Newark in said County this 31st day of January A.D.

1854

Daniel Humphrey Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 278)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 278)

Description

[Page 278]

[Corresponds to labeled page 226 of Will Book 3]

226

Last Will etc of Merreen D. Cole decd.

The State of Ohio Delaware County SS.

Proceedings had before Isaac Ranney Judge of

the Probate Court in and for said County at his

office in the town of Delaware & County af-

oresaid on the 30th day of January A.D. 1855.

This day the Last will and testament of

Merreen D. Cole decd. late of Trenton Township

in said County was produced in open Court and pro-

ved by the testimony of the subscribing witnesses J.

C. Concklin and Axel B. Searles (as reduced to writing

and filed with said will) approved and ordered to be

recorded.

Copy of Will.

In the name of the benevolent father of all

I Merreen D. Cole of Delaware

County, do make and publish this my last will

and testament

Item I give and devise to my

beloved wife in lieu of her dower my farm on

which we now reside situate in Delaware County

and in Trenton Township Ohio and containing about

one hundred and twenty five acres of land, during

the time she may remain my widow, also our

dun horse and our bay mare two milks cows and

twenty head of sheep and six head of hogs, our Bug

gy and our waggon four plows also the harness

belonging to the Buggy and Waggon and all of the

household and kitchen furniture and provisions enough

to support my wife and family for one year from

my decease also our bay horse colt called the Mor

gan colt to be kept till three years old and then

sold during the time she remains my widow as af

oresaid at the death or marriage of my said wife

I want all of the personal property sold and my

wife to be paid three hundred dollars from the pro

ceeds of the sale The farm on which

we now reside is not to be sold till my young

es child living is of age and if my widow is liv

ing at that time the farm is not to be sold till

her death unless she marriages

I give and devise to my son Thomas

M. Cole two hundred and forty dollars to be paid

when my farm is sold

I give and devise to my son Joseph

H. Cole three hundred dollars to be paid when

my farm is sold.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 279)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 279)

Description

[Page 279]

[Corresponds to labeled page 227 of Will Book 3]


Last Will etc of Marreen D. Cole, Contind. 227


I give and devise to my son Sperry Cole three

hundred dollars to be paid when my farm is sold

I give and devise to my son Levi Cole

three hundred dollars to be paid when my farm

is sold

I give and devise to my son Jacob Cole

three hundred dollars to be paid when my farm

is sold

I give and devise to my daughter Sary

Ann Green one hundred and fifty one dollars

to be paid when my farm is sold

I give and devise to my daughter Car

oline Bachelor one hundred and fifty one dol

lars to be paid when my farm is sold

I give and devise to my daughter

Barbary Ann Cole two hundred and twenty five

dollars, to be paid when my farm is sold

except seventy four dollars which is to be paid

at her marriage or before.

I give and devise to my daughter

Lida Ann Cole two hundred and twenty five doll

ars to be paid when my farm is sold

I give and devise to my daugh

ter Mary Ann two hundred and twenty five

dollars to be paid when my farm is sold

If my executor should see proper to

pay any of my heirs all or any part of these porsions

before the time above menchened they may do so

but at the sale of the colt above menchaned

the money for which said colt may be sold and

all the ballances of the sale Money after paying

my debts and funeral expenses is to be paid eq

qually to my children which are then Married

and the money so paid shall apply on said heir

share to the amount paid, and after my heirs

are all paid according to this will if there

should be any money left it shall be divided

among my heirs my sons first each to be paid

twenty five dollars and if any remains to be equal

ly divided among my sons and daughters

I do hereby nominate and appoint

my beloved wife and my son Thomas M. Cole

guardians of my son Joseph and my son Sperry

and my son Levi and my son Jacob and my

daughter Lida and my daughter Mary Ann till my

sons arrive at the age of twenty one years

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 280)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 280)

Description

[Page 280]

[Corresponds to labeled page 228 of Will Book 3]

228 Last Will &c of Merreen D. Cole Cont'd


and my daughter arrive at the age of eigh

teen years or intermarriages But in case my

wife should again marry, her guardianship of

said children shall continue and determine upon

her intermarriage

I do hereby nominate and ap

point my wife Sarah Cole and Thomas M.

Cole Executors of my last will and testament

hereby authorizing and impowering them to compro-

mise and adjust release and discharge in such

manner as they may deem proper the debts and

claims due me

In testimony whereof I have here

unto set my hand and seal this twelfth day

of October in the Year of our Lord 1854

Merreen D. Cole {Seal}

Signed and acknowledged by }

said Merreen D. Cole as his }

last will and testament in our }

presence and signed by us in }

his presence John C. Conklin }

Axel B. Searles }


The State of Ohio Delaware County Ss.

Mr. John C. Conklin and Axel Searles being

duly sworn in open Court this 31st day of Janua-

ry A.D. 1855 depose and say, that we were present

at the execution of the last will and testament of

Merreen D. Cole hereto annexed, that we saw the

said testator subscribe said will, and heard him pub

lish and declare the same to be his last will and

testament, and that the said testator at the time

of executing the same was of full age, and of sound

mind and memory, and not under any restraint

and that we signed the same as witnesses at his

request and in his presence and in the presence

of each other. J. C. Conklin

A. B. Searles

Sworn to & subscribed before me this 31st day of

January A.D. 1855
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 281)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 281)

Description

[Page 281]

[Corresponds to labeled page 229 of Will Book 3]

Last Will and testament of Aaron Longshore 229


Proceedings had before I. Ranney Probate Judge

of Delaware County & State of Ohio at his office

on the 1st day of February A.D. 1855.

This day the last will and testament of

Aaron Longshore decd. was produced in open court

and proven by the testimony of Lewis Carter and Jas.

Bailey witnesses who subscribed the same which testimony

was reduced to writing by them signed and filed with

said will which was approved by the Court and or-

dered to be recorded.

Copy of Will.

I Aaron Longshore of the township of Berkshire

County of Delaware and state of Ohio do ordain

and constitute this my last will and testament in

form following (to wit.)

1st It is my will that the

funeral expenses and my just debts be fully paid

2nd All the rest and residue

of my estate both personal and real, I give and

bequeath to my dear wife Lucinda Longshore and

I hereby constitute and appoint her my sole exec-

utrix.

In testimony whereof I have hereunto set

my hand and seal this 28th day of January 1855

Signed and sealed in } Aaron Longshore {Seal}

presence of Lewis Carter }

James Bailey }


The State of Ohio Delaware County SS.

Mr. Lewis Carter and James Bailey being duly sworn

in open Court this 1st day of February A.D. 1855 depose

and say, that we were present at the execution of

the last will and testament of Aaron Longshore

hereto annexed; that we saw the said testator sub-

scribe said will, and heard him publish and declare

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

the said testator at the time of executing the same

was of full age, and of sound mind and memory

and not under any restraint, and that we signed

the same as witnesses as we believe in accordance

with his desires, and in his presence, and in the pres-

ence of each other. Lewis Carter

James Bailey

Sworn to & subscribed before me this 1st day of

February A.D. 1855.

I Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 282)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 282)

Description

[Page 282]

[Corresponds to labeled page 230 of Will Book 3]

230 Last Will & testament of Jacob Smith

Proceedings had before I. Ranney Probate

Judge in & for the County of Delaware and

State of Ohio at his office in the town of Del-

aware & County aforesaid March 2nd 1855.

This day the last will and testa-

ment of Jacob Smith late of Thompson Tp. in

said County decd was produced in open court by

John Smith Sr. & James Mayo Executors in said will

named & proven by the testimony of the subscribing wit-

nesses James Mayo, Thomas W. Davis and John R.

Davis (as reduced to writing and filed with said will & the

same admitted to probate & ordered to be recorded,

as follows.

Copy of Will.

I Jacob Smith of Thompson Township Delaware

County Ohio do make and ordain this my last

will and testament, in manner and form follow-

ing viz: I give and bequeath to my dear wife

Frances Smith all my loose property and two fifths

of the avails of my real estate so long as she

remains my widow, and if she should marry she is

to have anough to support her comfortably the remain-

ing part of her life, and she also is to have full

custody of the house in which we now reside or

to live with which of the children she may wish

I give and bequeath to my daughter Catharine Knachel the

sum of Eight hundred dollars: I give and bequeath

to my daughter Sarah Gast the sum of Eight

hundred dollars;

I also give and bequeath to my

daughter Julian Smith Eight hundred dollars

These several sums is to be paid by my three Sons

named John A. Smith, Jacob F. Smith & Enoch

Smith with this provision that my daughter Sa-

rah Gast is to have the refusal of the Boots

& Knachel lot laying in Marion Co. & expect this

lot to pay two of the girls and she is to pay

annually Seventy five dollars to one of the other

heirs till she has paid up: And Enoch is to

pay two hundred dollars for his share to the other

heir: I give and bequeath to my three sons John

A. Smith, Jacob F. Smith & Enoch Smith the re-

al estate on which I now live after the death

of my wife I also wish a sale to be made

of my chattels, between now & fall & a part
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 283)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 283)

Description

[Page 283]

[Corresponds to labeled page 231 of Will Book 3]

Last Will etc of Jacob Smith cont'd 231


of the money raised therefrom to be applied to the

schooling of Enoch and the ballance at the dispo-

sal of by my wife; and the money I now have

out after the payment of my honest debts I wish

to be applied to the education of Enoch.

As my wife has the control of all my chat-

tles I wish her and Julyan to have a good comfort-

able living and the ballance if needed to be applied

to giving Enoch a thorough education if not needed

for that purpose to be at my wifes disposal:

In conclusion of this my last will and testa-

ment, I will contain any of my children down

to one hundred dollars if they should prove dissatis-

fied or go to law and the ballance of their dow-

er to be equally devided among the rest of they

heirs

I now nominate constitute and appoint John

Smith Sen. and James Mayo sole executors of this

my last will and testament hereby revoking all oth-

er and former wills by me at any time heretofore

made.

In witness whereof I have hereunto set my

hand and seal this twenty fourth day of January

eighteen hundred and fifty five

Jacob Smith {Seal}

Signed sealed published and declared }

by the testator Jacob Smith as & for his }

last will & testament in the presence of }

as who have subscribed our names as }

witnesses thereto in the presence of the said }

testator John R. Davis }

Thomas W. Davis }

James Mayo }

The State of Ohio Delaware Co. SS.

We James Mayo, John R Davis and Thomas W. Da-

vis being duly sworn in open Court this 27th day of

February A.D. 1855 depose & say, that we were pres-

ent at the execution of the last will and testament

of Jacob Smith decd. hereto annexed, that we saw

the said testator subscribe said will, and heard him pub-

lish and declare the same to be his last will and tes-

tament, and that the said testator at the time

of executing the same was of sound full age

and of sound mind and memory and not under
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 284)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 284)

Description

[Page 284]

[Corresponds to labeled page 232 of Will Book 3]

232 Last Will &c of Jacob Smith decd Cont'd.


any restraint, and that we signed the same as witness-

es at his request and in his presence, and in the

presence of each other.

James Mayo

Thomas W. Davis

John R. Davis

Sworn to & subscribed before me this 27th day of Feb-

ruary A.D. 1855

I. Ranney Pro. Judge

_____________________________________________________
_____________________________________________________


Last Will and testament of Michael Bramm

Proceedings had before Isaac Ranney Judge of

Probate Court in & for Delaware County and State of

Ohio at this office in the town of Delaware March

17th 1855.

This day the last will and testament of

Michael Bramm late of Brown Tp in sad County

decd was produced in open Court and by the testimo-

ny of the subscribing witnesses thereto John Edleblute

& Peter G. Baker (as reduced to writing & filed with said

will) duly proven, admitted to probate & ordered to

be recorded as follows.

Copy of Will

In the name of the benevolent Father of all

I Michael Bramm do make and publish this

my last will and testament

First it is my will that all my

just debts be paid

I devise and bequeath to my beloved wife

the farm on which we now reside, it being twen-

ty four & a half acres of land situate in Dela-

ware County and in Brown Tp the Township of

Brown in R. 18 T. 5 S. 3 deeded to me by Thomas

Lash on the third day of February A.D. 1854 to

have and to hold during her natural life.

I also give and devise to my said wife

all my personal property and effects that remain

after paying my just debts At the decease of

my wife the real estate aforesaid and the personal

property that may be unconsumed or unexpended I

give and devise bequeath to my four children and
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 285)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 285)

Description

[Page 285]

[Corresponds to labeled page 233 of Will Book 3]

Last Will and testament of Michael Bramm 233


to my wifes oldest son.

Signed and sealed this 20th day of December

A.D. 1854 Michael Bramm {Seal}

Signed & acknowledged by said }

Michael Bramm as his }

last will and testament }

in our presence & signed by }

us in his presence }

John Edleblute }

his }

Peter X G. Baker }

mark }


The State of Ohio Delaware Co. S.S.

Personally appeared before the Probate Court of said coun-

ty on this 17th day of March 1855 John Edleblute and

Peter G. Baker, who being duly sworn on their oath

say that on the 20th day of December A.D. 1854 they were

called upon to witness the Last will & testament of Mr.

Charl Bramm now decd in open Court produced, that the

said Michael Bramm signed sealed & acknowledged the same

as such last will and testament and requested aff-

iants to witness the same as his last will & testament

that they signed the same as witnesses in the pres-

ence of the Testator & in the presence of each other

That said testator was at the time of sound and

disposing mind & memory and not under any restraint

and of full age & not under any that said tes-

tator has since deceased

John Edleblute

his

Peter X G. Baker

mark

Sworn to & subscribed in open court the day & year

above written

I. Ranney Pro. Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 286)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 286)

Description

[Page 286]

[Corresponds to labeled page 234 of Will Book 3]

234 Last Will and Testament of Pinney Adams, Decd

Proceedings had before Isaac Ranney Judge of Probate Court

in and for Delaware County & State of Ohio at his office in Ohio

town of Delaware March 31st 1855

This day the last will and testament of

Pinney Adams late of Brown Tp and said county decd was pro-

duced in open court and by the testimony of the subscribing

witnesses thereto J. P. Crawford and Felix Fontanelle (as reduced

to writing and filed with said will) duly proven, admitted to

probate and ordered to be recorded as follows.

Copy of Will

In the name of the Benevolent Father of all I Pinney Adams of

the township of Brown County of Delaware and State of Ohio

Do make and publish this my last Will and Testament

Item first I give and devise to my Beloved Wife in lieu of her

dower the farm on which we now reside Situated in this Township

of Brown County of Delaware and State of Ohio containing

about 85 acres during her natural life or her widowhood and

all the stock household goods furniture provisions and other goods

and Chattles which may be thereon at the time of my decease during

her natural life as aforesaid She however selling so much thereof

as may be sufficient to pay my just debts at the death of my

said Wife the real estate and personal property to be sold and

the proceeds thereof to be devised and disposed of as follows:

I devise and bequeath to my daughter Caroline Skiner and

her heirs three Hundred dollars

I also devise and bequeath to my daughter L. A. St. Clear

and her heirs three Hundred dollars.

I also devise and bequeath to my daughter Manerva Adams

and her heirs four Hundred Dollars

I also devise and bequeath to my daughter Mary Dunham and

her heirs four Hundred Dollars

I also devise and bequeath to my daughter Susan Adams

and her heirs four Hundred Dollars


I do hereby nominate and appoint my Son Ransom Adams

Executor of this my last Will and Testament hereby author-

izing and empowering him to compromise adjust release and

discharge in such manner as he may deem proper the debts

and claims due me I do also authorize and empower him

if it becomes necessary in order to pay debts to sell by private sale

in such manner upon such terms of credit or otherwise as

he may think proper all or any part of my real estate and

deeds to purchasers to execute acknowledge and deliver in fee

simple.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 287)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 287)

Description

[Page 287]

[Corresponds to labeled page 235 of Will Book 3]

235

I do hereby revoke all former Wills by me made In testimony

whereof I have hereunto set my hand and Seal this twenty first

day of February 1855. Pinney Adams {seal}

Signed and acknowledged }

by said Pinney Adams as his }

last will and testament in }

our presence and signed by }

us in his presence }

J. P. Crawford }

Felix Fontanell }


State of Ohio Delaware County S.S.

We J. D. Crawford & Felix Fontanelle, being duly sworn in

open Court this 31st day of March A.D. 1855, depose and say that

we were present at the execution of the last will and testa-

ment of Pinney Adams hereto annexed; that we saw the said

testator subscribe said will, and heard him publish and

declare the same to be his last will and testament, and that

the said testator at the time of executing the same was of

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

any restraint, and that we signed the same as witnesses at

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

other.

J. P. Crawford

Felix Fontanelle

Sworn to and subscribed before me this 31st day of March 1855

Isaac Ranney

Probate Judge

June 27th 1855. Mrs. Mary Adams widow of Pinney Adams

decd. appeared in open Court & her rights under the will &

at law being severally explained to her by me, signified her

election to take under the will of her decd. husband

I. Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 288)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 288)

Description

[Page 288]

[Corresponds to labeled page 236 of Will Book 3]

236 Last Will & testament of Ralph Stack decd.


Proceedings had before Isaac Ranney Probate Judge

within and for the County of Delaware and State of

Ohio, at his office in the town of Delaware on the

28th day of April A.D. 1855

This day the last

will and testament of Ralph Stack deceased late

of this County was produced in open court and duly

proven by the testimony of Henry Stark one of the

subscribing witnesses thereto and James R. Hubbell Esq

(as reduced to writing and filed with said will) admitted

to probate and ordered to be recorded as follows.

Copy of Will

In the name of the Benevolent Father of all

I Ralph Slack of the County of Delaware and State

of Ohio, being of sound mind & disposing mind mem-

ory, but weak in body, do make and publish this

my last will and testament.

1st I give and devise unto my four sons Henry

William, John P. and Ralph Slack the sum of

One dollar to each individually.

2nd I give and devise unto my two daugh-

ters Anna Scott & Catharine Chedwick also the

sum of One dollar each individually

3rd After the said several devises and sums

aforesaid shall be paid together with all just and

lawful claims against me, I give and devise all

the residue of my personal property to Seth Slack

my youngest son; also I give and devise to my son

Seth Slack and to his heirs and assigns forever, all

my real estate situated and being in Oxford town-

ship Delaware County Ohio, Known as the old homestead

in Range Eighteen Tp 6. Sec. 1 and north half of

Lot No fourteen, containing Eighty two acres more

or less to have and to hold the same to him and

to his heirs and assigns forever.

4th I nominate and appoint my son Seth

Slack Executor of this my last will and testa-

ment and do hereby authorize him to dispose of all

my personal property after my death as he may

deem best and proper. pay off all just and law-

ful claims against me release and discharge for the

laws:

5th If it shall be necessary after my death to

sell any real estate to pay any of my funeral ex-

penses or other debts, I hereby authorize and empower
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 289)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 289)

Description

[Page 289]

[Corresponds to labeled page 237 of Will Book 3]

Last Will and testament of Ralph Slack decd 237

my son Seth Slack Executor hereof to sell the same upon such

terms as he may think proper either at public or private

sale and give deed for the same.

I hereby revoke all former wills and testam-

ents.

In testimony whereof I have hereunto set my hand

and seal this 10th day of September in the year of our

Lord 1846

his

Ralph X Slack

mark

Subscribed to and acknowledged in }

the presence of us }

Henry Riley }

Charles Riley }


The State of Ohio Delaware County SS.

I, Henry Riley being duly sworn in open Court this

21st day of April A.D. 1855 depose and say, that I was

present at the execution of the last will and testament

of Ralph Slack decd hereto annexed: that I saw the

said testator subscribe said will, and heard him publish

and declare the same to be his last will and testa-

ment, and that said testator at the time of executing

the same was of full age and of sound mind and

memory, and not under any restraint, and that I

signed the same as witness at his request and in his

presence and in the presence of Charles Riley who witness-

ed the same time in my presence at request of testator and

in his presence & who is now a non-resident of this state.

Henry Riley

Sworn to & subscribed before me this 28th day of April 1854.

I. Ranney Prob. Judge


The State of Ohio Delaware County SS.

Be it known that on this 28th day of April A.D. 1855

personally appeared before me in open Court James R. Hub-

bell who being duly sworn according to law upon his

oath says that the instrument before him purporting to be

the last will and testament of Ralph Slack decd late

of Delaware Co., affiant wrote at the request of said testa-

tor and saw him (the testator) execute the same by ma-

king his mark in the signature thereof and that at the time

of the execution of said will by said testator he was of sound

and disposing mind & memory and was of full age and un-

der no restraint & further says not

J. R. Hubbell

Sworn to & subscribed before me April 28th '55

I. Ranney Pro. Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 290)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 290)

Description

[Page 290]

[Corresponds to labeled page 238 of Will Book 3]

238 Last Will & testament of John Neilson decd.


Proceedings had before I. Ranney Probate Judge

within & for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 27th day

of June A.D 1855.

This day the last will and testament

of John Neilson decd. late of Berkshire Tp in said County

was produced in open Court and duly proven by the tes-

timony of J. P. Crawford and G. B. Carpenter the subscri-

bing witnesses thereto (as reduced to writing and filed with said

will) admitted to Probate and ordered to be recorded as

follows.

Copy of Will

In the name of the benevolent Father of all

I John Neilson do make and publish this my last

will and testament.

Item 1st I give and devise to my beloved wife

in lieu of her dower, the farm on which we now

reside situate in Berkshire Tp. Delaware Ohio contain-

ing about one hundred and five acres during her

natural life and all the stock household goods furni-

ture provisions and other goods and chattels that may

be thereon at the time of my decease during her

life as aforesaid she however selling so much thereof

as may be sufficient to pay my just debt and so

much more as may suit her convenience

Item 2nd And at the decease of my

said wife the real estate as aforesaid I give and

devise to my daughter Lucinda and son Arthur Neil-

son equally divided and the said Lucinda and Ar

thur in consideration of the above devises real estate

are hereby bound and required to provide and support

in sickness and in health myself and wife in food

and rayment sufficient for our comfort during our

life pay all our just debts funeral expenses etc.

Item 3rd And I further bid and require the

said Lucinda Neilson & Arthur Neilson to pay to the

rest of my heirs as soon as convenient after the de-

cease of myself & wife as follows

To my daughter Hester Ann Coleman One hundred &

fifty dollars. Also to my son George Neilson One

hundred and fifty dollars, also to my son Silas SS.

Neilson One hundred and fifty dollars, also to my

daughter Elizabeth Neilson One hundred and fifty dol-

lars.

I do hereby revoke all former wills by me

made.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 291)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 291)

Description

[Page 291]

[Corresponds to labeled page 239 of Will Book 3

Last Will & testament of John Neilson decd. 239

In testimony whereof I have hereunto set my hand

and seal this 9th day of June A.D. 1855.

John Neilson {Seal}

Signed and acknowledged by said }

John Neilson as his last will & }

testament in our presence and sign- }

ed by us in his presence }

J. P. Crawford }

G. B. Carpenter }


The State of Ohio Delaware County SS.

We J. P. Crawford and G. B. Carpenter

being duly sworn in open Court this 27th day of June

A.D. 1855, depose and say, that we were present at the execution

of the last will and testament of John Neilson decd. here-

to annexed, that we saw that said testator subscribe said

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

last will and testament, and that the said testator at the

time of executing the same was of sound mind and memory of

full age & not under any restraint, and that we signed

the same as witnesses at his request and in his presence

and in the presence of each other.

J. P. Crawford

G. B. Carpenter

Sworn to & subscribed before me this 27th day of June

A.D. 1855.

I. Ranney Prob. Judge.

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 292)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 292)

Description

[Page 292]

[Corresponds to labeled page 240 of Will Book 3]

240 Last Will and testament of Kimber A. Barton decd.


Proceedings had before I. Ranney Jude of

Probate Court within and for the County of Dela-

ware and State of Ohio July 2nd 1855.

This day the last will and testament of

Kimber Augustus Barton of the Tp. of Oxford in

said County was produced in open Court & by the

testimony of S. B. Monkover Henry J. Slack & James

Samuel Nelson the subscribing witnesses thereto as reduced

to writing & filed, with said will. And by the Court said

will was admitted to Probate & ordered to be recorded.

Copy of Will.

In the name of the Benevolent Father of all

I Kimber Augustus Barton of the Township of Oxford

Delaware County Ohio do make and publish this my

last will and testimony

Item 1st I give and

divise to my beloved wife the farm on which we

now reside situate in Oxford township Delaware

County Ohio containing about one hundred acres of

land during her natural lifetime and all the stock

household goods furniture provisions and the goods &

chattels which may be thereon or belong to me or

my estate at my decease during her natural

lifetime as aforesaid she however selling as much thereof as

may be sufficient to pay my just debts. At the death

of my wife the real estate aforesaid and such part of

the personal property or the proceeds thereof as may then

remain unexpended and unconsumed is to be divided be-

tween my heirs as she may previously direct.

I do hereby nominate and appoint my

friend S. B. Morehouse Executor of this my last will

and testimony and hereby authorize and empower him

him to compromise adjust release and discharge in

such manner as he may deem proper the debts &

claims due me. I do also authorize and impow-

er him if it shall become necessary in order

to pay my debts to sell by private sale or other

in such manner and on such terms of credit or

otherwise as he may think proper all or any part

of my real estate and deeds to purchasers

to execute acknowledge and deliver in fee simple

I do hereby revoke all former wills

by me made.
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 293)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 293)

Description

[Page 293]

[Corresponds to labeled page 241 of Will Book 3]

Last Will &c of Kimber A. Barton decd. 241


In testimony whereof I have hereunto set my hand

and X this fourteenth day of June in the year 1855

his

Kimber Augustus X Barton {Seal}

mark


Signed and acknowledged by said }

Kimber Augustus Barton as his last }

will and testimony in our presence }

and signed by us in his presence }

Samuel Nelson }

Henry F. Slack }

S. B. Morehouse }


The State of Ohio Delaware County Ss.

We Samuel Nelson Henry J. Slack & S. B. More-

house being duly sworn in open Court this 2nd

day of July A.D. 1855 depose and say that we

were present at the execution of the last will and

testament of Kimber Augustus Barton decd hereto

annexed; that we saw the said testator subscribe

said will, and heard him publish and declare

the same to be his last will and testament, and

that the said testator at the time of executing the

same was of full age, and of sound mind and mem-

ory, and not under any restraint, and that

we signed the same as witnesses at his request and

in his presence, and in the presence of each other

Samuel Nelson

Henry J. Slack

S. B. Morehouse.

Sworn to & subscribed before me on this 2nd day of July

A. D. 1855.

I. Ranney Prob. Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 294)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 294)

Description

[Page 294]

[Corresponds to labeled page 242 of Will Book 3]

242 Last Will &c of Elizabeth Rogers deceased.


Proceedings had before I. Ranney Probate Judge

in & for the County of Delaware and State of Ohio at

his office in the town of Delaware July 5th 1855.

This day the last will and testament of

Elizabeth Rogers decd. was produced in open Court and

by the testimony of Eli D. English & Henry J. Eaton the

subscribing witnesses thereto duly proven, which said testimony was

reduced to writing & filed with said will and the said Court

admitted said will to Probate & ordered the same & testimony

to be recorded.

Copy of Will.

In the name of the benevolent Father of all. I Elizabeth

Rogers of the County of Delaware and State of Ohio on

the 12th day of June AD Eighteen hundred and fifty five,

do hereby make and publish this my last will and tes-

tament, hereby annulling & revoking all former wills

by me made.

I do hereby give and bequeath all my

property real and personal of every & any description

whatever and in whatsoever form the same may be, wheth-

er in land, bonds, stocks, notes or bank account or

in any other form whatsoever, to my six children

Levi Rogers, Henry Rogers, Daniel Rogers, Charlotte Ro-

gers, William Smith Rogers and Rhoda Fisher wife of

Abraham Fisher, to be equally divided between among

them, excepting as regards Rhoda & Levi, and as Rhoda

has already received two hundred and five dollars, & Levi

Eighty Dollars, It is my will that these amount be de-

ducted respectively from their shares - two hundred & five

dollars from Rhodas share and Eighty dollars from Levis

share

I do hereby nominate constitute and

appoint my beloved husband, William S. Rogers to be

the sole executor of this my last will and testament &

to have the sole & complete control of all my property

aforesaid, to be used and applied, as above mentioned, to

the exclusive use and benefit of my children aforesaid

and do hereby direct that he pay over to my son's

children their respective shares as soon as William Smith

Rogers my youngest child becomes of full age.

I do further direct that my executor

aforesaid do proceed to sell & convey in fee simple, so soon

as in his judgment it may deemed best, my tract of

land containing about one hundred and twenty seven
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 295)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 295)

Description

[Page 295]

[Corresponds to labeled page 243 of Will Book 3]


Last Will and testament of Elizabeth Rogers Cont'd 243


and a half acres, & situate in Frederick County State

of Virginia, & it is my will that the proceeds arising

from such sale be invested in Western lands situ-

ate in the State of Ohio or in any other place, for

the sole use & benefit of my children as aforesaid.

I do hereby authorise my said Executor to sell and

convey all and any other real estate to me belonging, at

such times and in such manner as he may see fit, the

proceeds arising from any such sale to be at all times applied

to the sole use and benefit of my said children

And it is further my will & desire, that my said hus-

band, Executor as aforesaid, be not required to give bond

as is customary for Executors or in any other way

And I authorise and empower him, in case of his

death before the provisions of this my last will & testa-

ment are fully carried out, to sellect & appoint

by will or otherwise, a successor who shall see that

so much of this will as remains unperformed at

the death of my said husband, be thereafter fully carried

out according to the provisions hereof.

In testimony whereof I hereunto set my hand & seal

this twelfth day of June in the year of our Lord Eighteen

hundred & fifty five

Elizabeth Rogers {Seal}

Signed & sealed by Elizabeth Rogers in our presence }

and in the presence of each other & in her presence at }

her request signed by us as witnesses. }

Eli D. English }

Henry J. Eaton }


The State of Ohio Delaware County SS.

We Eli D. English & Henry J. Eaton being duly sworn

in open Court this 5th day of July A.D. 1855, depose and

say, that we were present at the execution of the last

will & testament of Elizabeth Rogers decd. hereto annexed

That we saw the said testatrix subscribe said will, & heard

her publish & declare the same to be her last will and

testament & that the said testatrix at the time of execu-

ting the same was of full age, and of sound mind &

memory, & not under any restraint, and that we

signed the same as witnesses at her request & in her

presence & in the presence of each other.

Henry J. Eaton

Eli D. English

Sworn to & subscribed before me July 5th A.D. 1855.

I. Ranney Prob. Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 296)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 296)

Description

[Page 296]

[Corresponds to labeled page 244 of Will Book 3]

244 Verbal Will of Sam'l Seigfried deceased


Proceedings had before I. Ranney Probate Judge

within & for the County of Delaware and State of Ohio

had at his office in the town of Delaware on the

6th day of July A.D. 1855.

This day the last verbal will of Samuel

Seigfried decd. was produced in open court & duly pro-

ven by the testimony of Benjamin Seigfried and Angelina

High the subscribing witnesses to the same, and ordered by

the Court to be recorded with said testimony which was

reduced to writing:

Copy of Will.

Samuel Seigfried being very sick, in view of his ap-

proaching dissolution on the 5th of June A.D. 1855

Made the following verbal will, in the presence and

hearing of Angelina High and Benjamin Seigfried, and

called said Angelina & Benjamin to witness the same as

his verbal will

That is to say, the said Samuel Seig-

fried said: He gave all his Personal Property to his

Mother Elizabeth Seigfried in trust to be by her used for

the use and benefit of his Brother Isaac, and his two sis-

ters Margarett & Sarah, who are unfortunate. The bequest

to be subject to the payment of his debts, not including

the Legacies due his sister under his Fathers Will

This verbal will reduced to writing June

11th 1855.

Signed by Angelina High and Benjamin }

Seigfried as witnesses at the request of the }

said Samuel Seigfried who died on the 5th }

day of June About 11 Oclock P.M. }

1855. Benjamin Seigfried }

Angelina High }


The State of Ohio Delaware County SS.

We Benjamin Seigfried and Angelina High being duly sworn in o-

pen Court this 6th day of July A.D. 1855 depose and say, that we

were present at the making of the last will of Samuel Seig-

fried decd. which being verbal has since been reduced to writing

and is hereto annexed; that he did publish & declare the same

to be his last will & testament, and that the said testator

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

of sound mind & memory and not under any restraint

and that the said testator called upon us to witness said

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 297)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 297)

Description

[Page 297]

[Corresponds to labeled page 245 of Will Book 3]

Last Will &c of Samuel Seigfried decd. 245


declaration as his will, and that the same was

made by said testator on the 5th day of June A.D. 1855

and reduced to writing & by us witnessed on the 11th day

of June A.D. 1855.

Benj' Seigfried

Angelina High

Sworn to & subscribed before me July 6th A.D. 1855.

I. Ranney Prob. Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 298)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 298)

Description

[Page 298]

[Corresponds to labeled page 246 of Will Book 3]

246 Last Will & Testament of Benjamin Hull deceased


Proceedings had before I. Ranney Probate Judge

within and for the County of Delaware and State of

Ohio at his office in the town of Delaware on the

29th day of August A.D. 1855 and the 1st day of Sept. 1855.

This day the last will and

testament of Benjamin Hull deceased late of Thompson

Tp in said County was produced in open Court and

duly proven by the testimony of B. F. McMillen and Joseph

W. Decker, the subscribing witnesses thereto (as reduced to

writing and filed with said Will) admitted to Probate and

ordered to be recorded as follows

Copy of Will

I Benjamin Hull of Delaware County Ohio

make this my last will and testament.

Item I give & bequeath to my wife Nancy all my real

estate free from all encumbrance.

Item I will that each of my children now living

shall have five dollars out of my personal property

after my debts are paid and my wife shall have

all the remainder including all moneys and

credits. And I appoint her executor in testimony whereof

I have hereunto set my hand and seal this 8th day

of July A.D. 1855

Benjamin Hull {seal}

in presence of }

B. F. McMillen }

Joseph W. Decker }


The State of Ohio Delaware County SS.

I Joseph W. Decker being duly sworn in open Court

this 29th day of August A.D. 1855 depose and say that

I was present at the execution of the last will and testament

of Benjamin Hull dec'd hereto annexed, and that I saw

the said testator subscribe said will and heard him

publish and declare the same to be his last will & testament

and the said testator at the time of executing the same

was of full age and of sound mind and memory and

not under any restraint and that I signed the same as

witness at his request and in his presence and in the presence

of B. F. McMillen the other subscribing witness.

Joseph W. Decker

Sworn to and subscribed before me this 29th day of August

A.D. 1855.

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 299)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 299)

Description

[Page 299]

[Corresponds to labeled page 247 of Will Book 3]


Last Will and Testament of Benjamin Hull deceased 247

August 29th 1855

In the Matter of Benjamin Hulls Will

The last will and testament of Benjamin Hull late of

Thompson Tp in the said County dec'd was this day produced

in open Court by the widow of said Hull and it appear-

ing to the court that B. F. McMillen one of the subscri-

bing witnesses to said Will resides out of this jurisdiction of

this court at the town of Richwood Union Co Ohio

It is ordered that a commission issued with the said Will

annexed to this the deposition of the said B. F. McMillen

touching the due execution of said Will to be directed to

Wm. W. Warren Esq who shall execute the same according to

the Statute in such cases made and provided

I. Ranney Probate Judge


Probate Court }

State of Ohio }

Delaware County }

To William W. Warren Esq of Scott Tp

Delaware County Ohio

Know ye that we in confidence

of your prudence and fidelity have appointed you and

by these presents do give to you full power and authority

to examine and take the deposition of B. F. McMillen one

of the subscribing witnesses to the Will of Benjamin Hull

deceased hereto annexed late of Thompson Tp in this

County. And therefore we command you that at certain

days and places to be appointed by you, you cause the

said B. F. McMillen to be brought before you and then and

there examine him on his Corporal oath or affirmation first

taken before you touching the due execution of the said

will of the said Benjamin Hull and that you reduce

such examination to writing and return the same together

with the writ and the said Will of the said Benjamin

Hull thereto annexed closed up under your seal into our

said Court of Probate with all convenient speed

Witness I Ranney Judge and

the seal of the said at Delaware

Ohio this 29th day August A.D. 1855

I. Ranney Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 300)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 300)

Description

[Page 300]

[Corresponds to labeled page 248 of Will Book 3]


248 Last Will and Testament of Benjamin Hull dec'd


I have executed this within commission as to the

testimony of B. F. McMillen as will appear by the

Schedule hereunto annexed

{Seal}


In pursuance of the dedimus hereto annexed on the

31st day of August A.D. 1855 at the residence of B. F.

McMillen in the Town of Richwood in Union County in the

State of Ohio personally appeared before me B. F. McMillen

of lawful age who being by me first duly sworn depioseth

and says

State of Ohio Union County S.S.

I B. F. McMillen being duly notified attensuse at

my residence in the town of Richwood in said County and

by duly sworn in open court this 31st day of August A.D.

1855 depose and say that I was present at the execution

of the last will of Benjamin Hull late of Delaware

County dec'd hereunto annexed that I saw the said

testator subscribe said Will and heard him publish

and declare the same to be his last Will and

Testament and that the said testator at the time

of executing the same was of full age and of sound

mind and memory and not under any restraint and

that I signed the same as witness at his request and

in his presence and in the presence of Joseph W. Decker

the other subscribing witness

B F McMillen

Sworn to and subscribed before me this 31st day of August

A.D. 1855 Wm M Warren special Com.


The above testimony of the said B F McMillen was

there and then reduced to writing by me and the

witness and sworn to and subscribed in my presence

day In witness whereoff I have on same

day hereunto set my hand and seal

William M Warren {Seal}

Fees $2.00 Commissioner

__________________________________________________________
__________________________________________________________


Last Will & Testament of Philemon Dixon

This day the last will and testament of Philemon Dixon dec'd

late of Liberty Tp of said County was produced in open Court and duly

proven by the testimony of Wm A Standish and M S Case, the sub-

scribing witnesses thereto (as reduced to writing and filed with

said will) admitted to Probate and ordered to be recorded

as follows ( September 1st 1855. )
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 301)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 301)

Description

[Page 301]

[Corresponds to labeled page 249 of Will Book 3]

Last Will and Testatament of Philemon Dixon dec'd 249

In the name of the benevolent Father of all

I Philemon Dixon do make and publish this my

last will and testament first it is my will that

my just debts and all charges be paid out of my shares

of the crops now growing on the farm my father left by

Will of which I am an heir. I give and devise all the

residue of my estate to Maria my wife to be to her as

long as she remains my widow and to my heirs forever

I appoint and make James Clark my Uncle Guardian

of my infant Children and also executor of this my

last will and testament.

In testimony whereof I have hereunto

set my hand seal.

Signed and acknowledged this Philemon Dixon {Seal}

16th day of July 1855 by the said

Philemon Dixon in our presence

and signed by us in his presence

William A. Standish

Miles S. Case


The State of Ohio Delaware County SS

We William A. Standish and Miles S. Case being

duly sworn in open Court this 1st day of September

A D 1855 depose and say that we were present

at the execution of the last will and testament of

Philemon Dixon hereto annexed, that we heard him

request Esq Huntly to sign his testators name to it which

was done accordingly and heard him publish and de-

clare the same to be his last will and testament

and that the said testator at the time of executing

the same was of full age and sound mind and

memory and not under any restraint and that we

signed the same as witnesses at his request and in his

presence and in the presence of each other

Wm A Standish

M. S. Case

Sworn to and subscribed before me this 1st day of

September A D 1855

I Ranney Probate Judge


The above is a copy record of the proceedings had before

Hon I Ranney Probate Judge within and for the County of

Delaware and State of Ohio at his office in the town of

Delaware on the 1st day of September 1855, in the matter

of the last Will and Testament of Philemon Dixon dec'd
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 302)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 302)

Description

[Page 302]

[Corresponds to labeled page 250 of Will Book 3]


250 Last Will and Testament of Joseph Sharp dec'd


Proceedings had before I Ranney Probate Judge within

and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 4th day of

September A D 1855

This day the last Will and Testament of Joseph Sharp

dec'd late of Genoa Tp in said County was produced in open

Court and duly proved by the testimony of I. W. Durant

and Helson Beebe the subscribing witnesses thereto (as redu-

ced to writing and filed with said Will) admitted to

Probate and ordered to be recorded as follows.

Copy of Will

Genoa March 21 1855

In the name of God. Amen.

The the last Will and Testament of Joseph Sharp of

Genoa Tp Delaware County 1" I wish Emily Sharp the

daughter of Stephen Sharp to have One hundred dollars

in money this fall 2nd and my wife Sophia to have

the residue to my real and personal estate her life=

time. then to be distributed equally among all the heirs

3rd I appoint Stephen Sharp and Louis R Goodspeed the

executors of this my last Will and Testament.

signed in presence of } J. Sharp {Seal}

I. W. Durant }

Helson Beebe }

The State of Ohio Delaware County Ss

We I. W. Durant and Helson Beebe being duly sworn

in open Court this 4" day of September A D 1855 depose

and say that we were present at the execution of

the last will and testament of Joseph Sharp dec'd

hereto annexed and that we saw the said testator sub=

scribe said will and heard him publish and declare

the same to be his last will and testament and that

the said testator at the time of executing the same was of

full age and of sound mind and memory and not

under any restraint and that we signed the same as witnesses

at his request and in his presence and in the presence

of each other

I. W. Durant

Helson Beebe

Sworn to and subscribed before me this 4" day of September

A D 1855

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 303)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 303)

Description

[Page 303]

[Corresponds to labeled page 251 of Will Book 3]


Last Will and Testament of Isreal E. Buck dec'd 251


Proceedings had before I Ranney Probate Judge within

and for the County of Delaware and State of Ohio at

his office in the town of Delaware on the 6" day of

September A D 1855

This day the last Will and Testament of Isreal E. Buck

dec'd late of Delaware Tp in said County was produced

in open Court and duly proven by the testimony of

James R Hubbell and B F Loofbourrow the subscribing

witnesses thereto (as reduced to writing and filed with said

Will) admitted to Probate and ordered to be recorded as

follows.

Copy of Will

1" In addition to the property to which my beloved wife

Sarah W may be entitled by law I will and bequeath

to her all my household goods whatever and also my Fam=

ily Library

2'd I give and bequeath to my faithful cousin Hannah

M Mc Couicor out of my personal estate the sum of

two hundred dollars provided that sum shall remain

after the settlement of my estate if not then so much as

may remain not exceeding that sum

3'd I give and bequeath to my dear and only son Henrie

Edmund the Gold Watch which I now have which is not

to be considered as personally on settlement.

4th I give and devise to my said son all the residue

of my property, real personal and mixed of every description

Provided that if my said son should die without issue

then I give and devise all my real estate to my faithful

Brother and sisters following, to wit. Collins John T. Priscilla

Anna and Ruth Buck. Provided further that my said

wife shall have and enjoy the use of such real estate

so long as she remain my widow after the same shall become

vested in my said Brothers and Sisters upon the death of

my said son without issue as aforesaid and not other=

wise.

I constitute my Brother John T Buck executor of

my will and Isaac Ranney Esq in whose integrity

and legal attainment I have great confidence as

the legal adviser of my widow and child and

executor so far as may be necessary to promote their

best interests and secure a faithful compliance with

my expressed will.

I desire that my real estate in Delaware should be

kept in and descent to my family connexions beyond the

legal disposition of my will. so as to belong to those

who represent my name and blood to the latest pos=
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 304)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 304)

Description

[Page 304]

[Corresponds to labeled page 252 of Will Book 3]


252 Last Will and Testament of Isreal E Buck decd Cont'd


sible generation of such blood and name consistently

with my will.

I hereby revoke all former wills by made and declare

this to be my only last will and testament. Witness

my hand and seal this 9" day of March 1855

The foregoing was signed by the } I E Buck {Seal}

said Isreal E Buck in our }

presence and we signed the }

same as witnesses at his }

request and in his presence }

and in presence of each other }

James R. Hubbell

B F Loofbourrow

The State of Ohio Delaware County Ss

We James R Hubbell and B F Loofbourrow being duly sworn

in open Court this 6" day of September A D 1855 depose and

say that we were present at the execution of the

last will and testament of Isreal E Buck dec'd hereto

annexed that we saw the said testator subscribe said

will and heard him publish and declare the same to be

his last will and testament and that the said testator at

the time of executing the same was of full age and of sound

mind and memory and not under any restraint and that

we signed the same as witnesses at his request and in

his presence and in presence of each other

James R Hubbell

B F Loofbourrow

Sworn to and subscribed before me this 6" day of September

A D 1855

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 305)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 305)

Description

[Page 305]

[Corresponds to labeled page 253 of Will Book 3]


Last Will and Testament of Margaret Lane decd 253


Proceedings had before I. Ranney Probate Judge within

and for the County of Delaware and State of Ohio

at his office in the town of Delaware on the 14th

day of September 1855.

This day the Last Will and Testament of Margaret

Lane decd of Genoa Tp in said County was produced in

open Court and duly sworn by the testimony of Isreal

Kiser and Hiram Bennett the subscribing witnesses thereto

and ordered by the Court to be recorded and said

Testimony which was reduced to writing and filed with said

Will which said will was admitted to Probate and

ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of all I

Margaret Lane of Genoa Township Delaware County Ohio

do make and publish this my last Will and Testament

1" After all my just debts are paid my Real Estate Delaware

County Ohio is to be sold and the proceeds thereof to be equal-

ly dived amongst nine of my Heirs Lucinda Weeks

Selesta Tippy Salman Lane Hulda Scholy Lora Bales Edwin

Lane Cordela Welch Hanna Lane Saffrona Lane and

the proseeds of my Land Warrant to be dived between

my two youngest children Hanna Lane and Saffrona

Lane and my Personal property to be dived Lucinda Weeks

my daughter is to have one silk Bunnet 14 yds of Saun

one Blk Silk Cape. Suffrona Lane my daughter to have

1 Bed Stead 2 Feather Beds 2 under Bed ticks 7 Sheets 7 ps

pillow cases 1 plad Blanket 2 Woolen Comforters 2 Calico

Quilts unquilted 2 Calico dress patterns and Cordela Welch my

daughter is to have 1 plad Blanket and Lora Bales my daughter is

to have 1 new Calico Dress with 2 Black Shalls and Naoma

my Daughter is to have 1 plad Blanket and feathers for

a Bed Lora Bales my Daughter is to have something which

I forgot 3 prs of Sheets and 2 prs of pillow Cases and the

Ballance of the Sheets and pillow cases Naoma is to have

and 1 Comforter unquilted and Suffrona Lane is to have

1 Linen Table Cloth - and a number of pounds of yarn

Woolen and Cotton to be divided between Hulda Scholy and

Suffrona equally and 1 pr Shoes to Hulda Scholy and

my wish is to have a pair of Tom Stones as Daniel Lane

my husband and the ballance of my pearsonal property

to be sold and dived between Eight Heirs except Seleseta

Tippy Edman Lane my son is to have my Bible Ransom

Sam Digarotipe to Cordela Welch & Hymer Bock to Naoma

Lane and I apoint my son Salmon Lane my Executor to

dispose of my property and to convert it into money
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 306)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 306)

Description

[Page 306]

[Corresponds to labeled page 254 of Will Book 3]


254 Last Will and Testament of Margaret Lane dec'd


and make an eaqual Dividend as aforesaid and

if my son Salman Lane should not live to do so then

I apoint George Williams

In testamony whereof I have set

my hand and seal this tenth day of July in year of our

lord one thousand eight hundred and fifty five

Signed in presence of Margaret

Isreal Kiser her X mark

Hiram Bennett Lane


The State of Ohio Delaware County Ss

We Isreal Kiser and Hiram Bennett being duly sworn in

open Court this 14th day of September A D 1855 depose and say

that we were present at the execution of the last will

and testament of Margaret Lane dec'd hereto annexed

that we saw the said testator subscribe said will and

heard her publish and declare the same to be her

last will and testament and that the said testator at

the time of executing the same was of sound mind and memory

and of full age and not under any restraint and that

we signed the same as witnesses at her request and in

her presence and in the presence of each other

Isreal Kiser

Hiram Bennett

Sworn to and subscribed before me this 14th day of

September AD 1855

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 307)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 307)

Description

[Page 307]

[Corresponds to labeled page 255 of Will Book 3]


Last Will and Testament of Electa Dopson dec'd 255


Proceedings had before I Ranney Probate Judge within

and for the County of Delaware and State at his office

in the town of Delaware on the 22" day of September AD 1855

This day the last Will and Testament of Electa Dopson

dec'd late of Delaware Ohio was produced in open Court

and duly Proved by the





Copy of Will

By the blessing of a kind Providence I Electa Dopson

of sound mind & memory publish and declare this as

my last will and testament viz

1" It is my will that my just debts be fully paid

2" I hereby Devise to my beloved Daughter Permelia Covell

the west half of inlots Nos 17 & 32 as described on the general

Town Plot of Delaware as recorded in the proper office of Del-

aware Co Ohio & in case the said Parmelia dies before I

do, in that case said premises are to belong to the following chil

dren of said Parmelia in equal proportions to wit

Mary Ellen Louisa Ann Parmelia I. Adeline I & Edgar Calvin

Covell

3" I give to Judson D Nettleton & John D Nettleton my

Grandchildren the sum of $200 - to be divided equally between

them which becomes due from Manly D & Lyman S Covell

when said Nettletons respectively come of age and in case said

legatees die before coming of age then said sum is to be

paid to all the children of said Parmelia Covell in

equal proportions

4" All my other property is to be divided equally among

all the children of said Parmelia Covell who shall be

living at the time of my death.

I hereby appoint Manly D Covell Executor of this my

last Will and Testament.

Witness my hand and seal this 25" day of September

1850

Signed and acknowledged Electa Dopson {Seal}

by said Electa Dobson as her

last will and testament in our

presence and signed by us in her presence

R B Hayes

Ardelia See
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 308)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 308)

Description

[Page 308]

[Corresponds to labeled page 256 of Will Book 3]


256 Last Will and Testament of Electa Dopson dec'd


The State of Ohio Delaware Co SS

I Rutherford B Hayes being duly sworn in open Court

this 22" day of September A D 1855 depose and say that

I was present at the execution of the last will and testament

of Electa Dopson hereto annexed that I saw the said

testator subscribe said will and heard her publish and

declare the same to be her last will and testament and

that the said testatrix at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint and that I signed the same as

witness at her request and in her presence and in the

presence of Ardelia See the other subscribing witness who

attached her name to the same as witness in presence

and is since deceased

R B Hayes

Sworn to and subscribed before me this 22nd day of Sept'r AD 1855

I Ranney

Probate Judge

State of Ohio Delaware County Ss

I Louisa L Covell being duly sworn in open Court

this 22" day of Sept AD 1855 depose & say that I and

the sister of Ardelia See dec'd whose signature is

attached to the accompanying Will of Electa Dopson dec'd

that I am acquainted with the hand writing of my said

decd sister have frequently seen her write her name and

readily recognize the signature as witness to said Will as the

name in the hand writing of my said sister and have

no doubt of its genuineness

Louisa L Covell

Sworn to and subscribed before me Sept 22 1855

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 309)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 309)

Description

[Page 309]

[Corresponds to labeled page 257 of Will Book 3]

Last Will and Testament of Elizabeth Minter Deceased 257


Proceedings had before I Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his

office in the Town of Delaware on the 15th day of October

A.D. 1855

This day the last Will and Testament of Elizabeth Minter

deceased late of Radnor Township in said County was

produced in open court and duly proven by the testimony of

John G Dunlap and Andrew Stephen the subscribing witnesses thereto

(as reduced to writing and filed with said will admitted to Probate

and ordered to be recorded as follows

Copy of Will

I Elizabeth Minter of the County of Delaware and State of Ohio

do make and publish this my last Will and Testament in man-

ner and form following

First it is my will that my funeral expenses and all my just

debts be fully paid. Secondly I give and bequeath to Margaret

C Fleming Daughter of my Neice Phebe Fleming one bed and beding

Third I give and bequeath to my neice Phebe Fleming wife

of John Fleming all my personal property except the above

mentioned Bed and Beding also all moneys there is coming

to me by herself and further I authorize my executrix to sign

any instrument of writing that may be necessary for the pur-

pose of obtaining said money

And lastly I constitute and appoint my neice Phebe

Fleming to be the executrix of this my last Will and Testament

revoking and annulling all former wills by me made.

In testimony whereof I have hereunto set my hand and

seal this third day October A.D. 1844

Signed in presence of her

John F Dunlap Elizabeth X Minter {Seal}

Andrew Stephen mark

The State of Ohio Delaware County SS

We John F Dunlap & Andrew Stephen being duly sworn in

open Court this 15th day of October A.D. 1855 depose and say

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

Testament of Elizabeth Minter deceased hereto annexed

and that to the best of our recollection we saw the said testator

subscribe said will and heard her publish and declare the

same to be her last Will and Testament and for the state that

the said testatrix at the time of executing the same was of

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

restraint and that we signed the same as witnesses at her

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

Sworn to and subscribed before me John F Dunlap

this 15th day of October A.D. 1855 Andrew Stephen

I Ranney Probate Judge

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 310)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 310)

Description

[Page 310]

[Corresponds to labeled page 258 of Will Book 3]


258 The last Will and Testament of Ralph Dildine deceased


Proceedings had before I Ranney Probate Judge in and for

said County of Delaware and State of Ohio at his office

in the Town of Delaware October 20th 1855

This day the last Will and Testament of Ralph Dildine

deceased late of Radnor Township in said County was

produced in open Court and duly proven by the testimony

of John Cunningham and Nathan Price the subscribing witnesses

thereto as reduced to writing and filed with said will admitted

to probate and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of All

I Ralph Dildine of the County of Delaware Ohio being of

sound mind do make and publish this my last will and

Testament in manner and form following 1st I give and

bequeath to my beloved wife Effy Dildine during her natural

life the farm on which I now live situate in the County of

Delaware and State of Ohio and in Range twenty Township

five & section one U.S.M. Lands containing about 180 acres

of land Also I give and bequeath to my said wife all my

household and kitchen furniture all my money and

credits and all my grain and stocks and effects as hereinafter

mentioned by her paying all my debts and funeral expenses

and costs of Administration 2nd I give and bequeath to my

daughter Effy C Olds one horse 3rd I give and bequeath to

my son William Dildine at the death of my said wife all

that part of my said farm lying south of the County road

leading from the Delaware & Delhio road to the Scioto river

by him paying the following sums to my daughter Effy C

Olds one hundred dollars to my daughter Abigal Marley

Fifty Dollars to my Son Richard Dildine One Dollar to my

son Allen Dildine One Dollar 4th I give and bequeath to my

son Valentine Dildine all that part of my farm being and

lying north of said County road at the death of my said

wife by him paying the following sums to my son Sampson

Dildine now residing in the State of Illinois Indiania

One hundred Dollars to my daughter Rebecca Collins fifty

Dollars to my daughter Martha Minter one dollar all the

above and within named legacies to be paid in two years after

the death of my said wife 5th I do hereby nominate and app

oint my beloved wife Effy Dildine executor of this my last

will and testament I do hereby revoke and annul all former

wills by me made and ratify and confirm this as my last

Will and testament In testimony whereof I have hereunto set my

hand and seal this 29th day of October A.D. 1853

Ralph Dildine {Seal}
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 311)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 311)

Description

[Page 311]

[Corresponds to labeled page 259 of Will Book 3]


Last Will and Testament of Ralph Dildine Decd 259


Signed and acknowledged by said Ralph Dildine as

his last Will and Testament in our presence and signed by

us at his request as witnesses in his presence

John Cunningham

my

Nathan X Price

mark

The State of Ohio Delaware County SS

We John Cunningham and Nathan Price being duly sworn in open

Court this 20th day of October A.D. 1855 depose and say that we were

present at the execution of the last will and testament of Ralph

Dildine deceased hereto annexed that we saw the said testator

subscribe said will and heard him publish and declare the same

to be his last will and testament and that said testator at the

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

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

same as witnesses at his request and in his presence and in the

presence of each other John Cunningham

his

Nathan X Price

mark

Attest I Ranney

Sworn to and subscribed before me this 20th

day of October AD 1855 I Ranney Probate Judge



Last Will and Testament of George Shryer Decd


Proceedings had before I Ranney Probate Judge within and

for the County of Delaware and State of Ohio at his office

in the Town of Delaware November 14th A.D. 1855

This day the Last Will and Testament of George

Shryer Deceased late of Township in said

County was produced in open Court and duly proven

by the testimony of J. W. Cone A. W. Cone and James

Carsfalder the subscribing witnesses thereto as reduced

to writing and filed with said admitted to probate

and ordered to be recorded as follows

Copy of Will

In the name of the Benevolent Father of all

I George Shryer of Thompson Township Delaware County

and State of Ohio Do make and publish this my

last Will and Testament Item First I give and

devise to my beloved wife all the stock household

goods furniture provisions and other goods and chattels

moneys and credits during her natural life she however

selling so much thereof as may be sufficient to pay my

Just debts At the death of my said wife and such amount

of the said property or proceeds thereof as may then

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 312)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 312)

Description

[Page 312]

[Corresponds to labeled page 260 of Will Book 3]

260

blank page

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 313)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 313)

Description

[Page 313]

[Corresponds to labeled page 261 of Will Book 3]

261
blank page
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 314)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 314)

Description

[Page 314]

[Corresponds to labeled page 262 of Will Book 3]


262 Last Will and Testament of George Shryer deceased


remain unconsumed and unexpended I give and Devise

to my children in equal shares the share of my Son

Frederick who is now deceased shall go to his two chil

dren I do hereby nominate and appoint J. W. Cone Executor

of this my last Will and Testament In testimony where

of I have hereunto set my hand and seal this 29th day

of September in the year 1855 George Shryer {Seal}

Signed and acknowledged by said George Shryer

as his last Will and Testament in our presence and

signed by us in his presence J. W. Cone

A W. Cone

James Harsfalden

The State of Ohio Delaware County SS

We John W Cone Allen W Cone and James Harsfalden

being duly sworn in open Court this 14' day of November AD

1855 depose and say that we were present at the execution

of the last will and testament of George Shryer deceased

hereto annexed thus we saw the said Testator subscribe

said Will by the hand of J. W. Cone who wrote testators name

at his request and heard him publish and declare the

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

testator at the time of executing the same was of full age

and of sound mind and memory and not under any

restraint and that we signed the same as witnesses at his

request and in his presence and in the presence of each

other J. W. Cone

A. W. Cone

James Harsfalden

Sworn to and subscribed before me this 14' day of November

A.D. 1855

I Ranney Probate Judge
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 315)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 315)

Description

[Page 315]

[Corresponds to labeled page 263 of Will Book 3]


Designation of Heir at Law by Wesley Closson 263


Proceedings had before I Ranney Probate Judge within

and for the County of Delaware and State of Ohio at his

office in the Town of Delaware Oct 11' 1855


This day Wesly Clossan of Harlem Township Delaware

County appeared in open Court and made the following

designation of an heir at Law in due form of law

which was thereupon ordered by the court to be recorded


Know all men that I Wesley Clossen of the township of

Harlem in the County of Delaware and State of Ohio of law

ful age and being of sound mind and memory do hereby

declare in the presence of I Ranney Probate Judge and John

B Gates and Picton D Hillyer persons of my acquaintance

that it is my free and voluntary act that I do hereby design

ate and appoint Miralda Louisa Closson now known as Julia Thomas Closson aged Sixteen

months (and being the child that myself and wife have recently

addopted & recieved from the society of the house of the friendship

located in the City of New York who now resides in my

family in the Township of Harlem & State of Ohio aforesaid

to stand towards me in the relation of an heir at Law in

the event of my death Witness my hand and seal at Delaware

Ohio this 11' day of October A.D. 1855

Witness by us as acquaintances Wesley Closson {Seal}

of said Wesley Closson and

by him signed and filed in the Probate Court of Delaware Co

Ohio in our presence Oct 11' 1855 P. D. Hillyer

J. B. Gates

Last Will and Testament of Henry Van Horn deceased


Proceedings had before I Ranney Probate Judge within and

for the County of Delaware and State of Ohio at his office in

the Town of Delaware November 15' 1855

This day the last Will and Testament of Henry

Van Horn deceased late of the Town of Delaware Delaware Co

Ohio was produced in open court and proved by the testimony

of Abraham Blymyer & Mrs Wm. Jones (subscribing witnesses

thereto and reduced to writing and filed with said Will

Admitted to Probate and ordered to be recorded as follows

Copy of Will

I Henry Van Horn of Delaware Ohio being mindful of

my approaching dissolution but acting under the

guidance of a sound mind and memory do make

publish and declare this and no other to be my last

will and testament and hereby revoking and annuling
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 316)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 316)

Description

[Page 316]

[Corresponds to labeled page 264 of Will Book 3]


264 Last Will and Testament of Henry Van Horn deceased


all other and any former will. That is to say 1st It

is my will and desire that all my just debts and

funeral expenses be first paid 2nd I will and devise and

bequeath unto my beloved wife Van Horn all

the residue of my property both real and personal for

her support and maintenance during her natural

life with full power to manage sell and dispose

of by deed in fee or otherwise any or all such property

real or personal as she may deem best for her support

as aforesaid or for the better management and control

of the said property subject to the payment of the

following legacies to wit 1st It is my will and

bequest that there should be paid to the present wife of my

brother William for the support of herself and

children the sum of two hundred and fifty dollars

to be paid as soon as convenient after my death

2nd It is my will and bequest that there be paid in the

like manner to the widow of my brother Simeon

the sum of one hundred dollars for her support

3rd I give and bequeath to my namesake and nephew

Henry Van Horn Powers the son of Benjamin Powers

the sum of five hundred dollars to be paid when he

arrives at full age

4th I give will and bequeath in the like manner to my

Nephew Henry Van Horn the like sum of five hundred

Dollars to be paid him when he shall arrive at his full

age of twenty one years 3rd And it is further my will

and devise that whatever and all my property both

real and personal which shall remain undisposed of

at the death of my beloved wife as provided for above

in this my will all such property remaining undisposed

of not sold or conveyed by my said wife as aforesaid

whether it consists of the principal interest or the proceeds

thereof that my wife should distribute by will one third

of such property to such persons as she may deem most

worthy and needs of her town family and kind But in

case she should fail or neglect to make such will or

apportionment then it is my will and devise that the

said one third of such residue should be distributed

after her death to her next of kin as in case of intestacy

and the two thirds be in the like manner divided amongst

the children of my brothers and their heirs excepting

therefrom the son of my brother Joseph the said Henry

Van Horn on the account of the bequest herein made

to him And for the purpose of making ample pr-

ovisions for the support and maintainance of
Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 317)

Title

Delaware County Ohio Will Records Vol. 3 1850-1859 (p. 317)

Description

[Page 317]

[Corresponds to labeled page 265 of Will Book 3]

265


my beloved wife as aforesaid and for the purpose of enabling her to

manage and control the said estate during her natural life time as

aforesaid I hereby grant and give to her full power and authority to sell

and convey in fee or otherwise all or any my said property real or

personal as she may deem best And I hereby lastly constitute and

appoint my friend Benjamin Powers executor of this my last will

and Testament H Van Horne

the above was signed published and declared by said Henry Van Horn

as his last will and testament in our presence and we at his request

and in his presence and in the presence of each other have signed our names

hereto as witnesses this 3rd day of July 1855 Alteration on the second

page from the words and "to gift and bequest in claimed stricken out before

the execution hereof

Abr Blymyer

Mrs Wm. Jones

The State of Ohio Delaware County SS

We Abraham Blymyer & Mrs. Wm. Jones and being duly sworn

in open Court this 15th day of November A.D. 1855 depose and

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

Testament of Henry Van Horne deceased hereto annexed that

we saw the said testator subscribe said will and heard him

publish and declare the same to be his last will and testament

and that the said testator at the time of executing the same

was of full age and of sound mind and memory and not

under any restraint and that we signed the same as witnesses

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

other Abr Blymyer

Mrs. Wm. Jones

Sworn to and subscribed before me this 15